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HomeMy WebLinkAbout05/24/04 HAST1N6S PLANNIN6 COMMISSION May 24, 2004 Regular Meeting 7:00 pm Vice Chair Hollenbeck called the meeting to order at 7:01 pm. 1. Roll Call Commissioners Present: Commissioners Absent: Staff Present: Alongi, Hollenbeck, Mcinnis, Schmitt, Twedt, Truax Greil Planning Director John Hinzman, Associate Planner Kris Jenson. 2. Approve May 10, 2004 Planning Commission Meeting Motion by Commissioner Truax, seconded by Hollenbeck to approve the minutes of the May 10, 2004 Planning Commission as presented by staff. Motion passed unanimously. Director Hinzman stated that #7 - Site Plan Review of two condo buildings for Lawrence Builders was pulled from the agenda at the request of the applicant. It would be brought back to the Commission on June 14th. Director Hinzman also asked the Commission to hear Item #8 first, since there were four public hearings that may take some time. The Commission agreed. 8. Paul Sorenson - Variance #2004-28 - Addition to a Non-conforming garage and variance to required sideyard setback - 806 19th St W. Planner Jenson presented background on the item. Planning Commission Action: Commissioner Truax moved and Commissioner Schmitt seconded the motion to recommend approval of two variances to allow an addition to a non-conforming structure and to encroach into a required setback, with the following conditions: 1 ) 2) A building permit is required prior to construction of the addition. The east side of the garage may need to be fire rated to building code requirements. A determination of this will be done during the building permit review process. Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. 3) Upon vote taken: Ayes: 6, Nays: O. Motion passed. 3. Cornerstone Church - Special Use Permit/Site Plan #2004-22 - Construction of a Church in an 1-1 District - 735 10th St E. Director Hinzman presented background information on the application. Vice Chair Hollenbeck opened the public hearing at 7: 12 pm. Dan Tilsen, representative and engineer for the project, commented on Staff's comments about saving trees, and added that the project was retaining 96% of the trees on the site. Linda Rohan of Smead Manufacturing, stated that Smead generates a lot of semi-truck traffic, and wants the church to be aware of the traffic levels in that area. Smead also has a gravel parking lot that generates some complaints from neighboris in the summer due to the dust, and Smead has no plans at this time to pave that parking area. Mr. Tilsen clarified with Staff that a public hearing is not required on any shoreland issues relating to this site. Director Hinzman stated that that is correct. Hearing no further comment, the Vice Chair closed the hearing at 7: 17 pm. Planning Commission Action: Commissioner Twedt moved and Commissioner Schmitt seconded the motion to recommend approval of a special use permit and site plan for Cornerstone Church at 735 10th St E, subject to the following conditions: 1 ) Trees to be preserved must be clearly documented on the Tree Preservation Plan and an orange snow fence must be installed around all trees identified for preservation prior to commencement of any grading on site, and the fence shall be maintained until final grade. The fence shall be installed out to the drip line of all trees marked for preservation. Replacement trees must be shown on the plan and planted consistent with the City's Tree Replacement schedule. Parking lot islands containing significant trees identified for may need to be increased to ensure tree viability at the discretion of the City Forester. Provide at least 24 feet of bituminous surface for ease of circulation. The City Forester inspects constructed area before any tree roots are cut. A professional Forester supervises during the cutting of roots on preserved trees. The developer notifies all construction personnel of the presence and purpose of clearing limits and protective fences or barriers and for ensuring that they are observed. 2) 3) 4) 5) 6) 7) 8) 9) 10) 11 ) 12) 13) 14) 4. Materials, vehicles or equipment are not to be stored or stockpiled within any enclose orange fencing. Within the fenced area, the topsoil layer shall not be disturbed except in accordance with accepted tree protection practices. All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. Final approval of the grading, drainage and utility plans by the Public Works Director, and reimbursement for any fees incurred in review of the development. The owner assumes all risks associated with the grading and utility placement prior to formal approvals. All landscaped areas must be irrigated. Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to submittal of a building permit. Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. Upon vote taken: Ayes: 5, Nays: 1, Alongi dissenting. Motion passed. Centex Homes - Rezoning/Preliminary Plat/Site Plan #2004-20 - Rezoning from A to R-3, Preliminary Plat and Site Plan for a multiple family residential development - 13th St, west of General Sieben Drive. Director Hinzman presented background information. Vice Chair Hollenbeck opened the public hearing at 7:48 pm. Jackie Boler, 402 2nd St, commented that emergency services aren't involved in the review process early enough, and that a secondary access should be included. Director Hinzman stated that each week the Development Review Committee meets to review current projects. The Fire Marshall is a part of this committee and has reviewed the proposed plan. Joe Kimmes, 1420 14th St W, stated that he felt roads to the development were inadequate for the level of traffic the site would generate. He stated that General Sieben Dr currently has a high rate of traffic which travels at a high rate of speed. He asked the Commission to look at how to best move the traffic out of the area. Hearing no further comment, the hearing was closed at 8:05 pm. Matt Anfang, Centex Homes, stated that the original design included a secondary access to the proposed road on the west boundary, but it was taken out due to the uncertainty of the road. He did state that they would be willing to add the access back in, and asked the Commission for direction on a specific location. Commissioner Alongi asked for clarification on what units were facing the South Frontage Road, and how many there were. Commissioner Twedt asked what the phasing plans were for the site. Mr. Anfang stated that it was their intention to construct the entire project at the same time. Commissioner Alongi asked for clarification on the difference between R-2 and R-3 zoning. Director Hinzman stated that R-3 zoning was proposed and it allowed for a clustering and a mix of units, whereas R-2 did not. Commissioner Alongi asked specifically what housing types were allowed in R-2. Director Hinzman stated that single family homes and twin homes are permitted in R-2. He stated that most areas zoned R-2 were dated prior to 1960. Commissioner Alongi added that this was an opportunity to do something and perhaps the R-2 district should be updated to allow for some townhomes. Director Hinzman stated that it is possible, but anytime changes are made to zoning districts there is a risk of creating non-conforming uses. The Planning Commission has the discretion on issues of a PRD. In the trade-off of a higher density, the City gets something in return. Commissioner Alongi asked Staff to look at the R-2 district and how it could possibly be revamped. Commissioner Truax questioned how many more lights would be added along Highway 55, and whether or not the west boundary of this property abutted Jacob Avenue. Director Hinzman stated that Jacob Avenue was still % of a mile to the west. Commissioner Schmitt added that General Sieben Drive doesn't alleviate traffic flow, as the traffic still needs to go to General Sieben Drive. Commissioner Twedt added that the right in/right out at Panera Bread works well, and wondered if this could be a possibility at Highway 55 for the future road on the west side of this development. Director Hinzman stated that it is unknown, because anything beyond the west property line of this proposal is outside the City limits. He added that for this development, South Frontage Road is needed at a bare minimum, and the future collector road on the west property line should have the right of way dedicated and money set aside for construction. Commissioner Alongi added that this traffic will be added to the intersection of Highway 55 and General Sieben Drive. Commissioner Schmitt stated he'd like to see a connection made to Highway 55 to the north. Commissioner Alongi asked if it would be disclosed to future homeowners that there is a planned commercial area to the north of the proposed development. Mr. Anfang stated that a disclosure statement would be given to all future homeowners and it will include that the area to the north is planned for commercial development. He also added that they are not opposed to constructing South Frontage Road to the west boundary of their property, but the issue of the collector road along the west boundary will need to be discussed. Commissioner Twedt asked if these units would be marketed to those persons over 55 years of age. Mr. Anfang stated that the units may be marketed that way, but the units may be purchased by anyone. Director Hinzman asked who the typical buyer would be. Mr. Anfang stated that young professionals and empty nesters are the typical buyers. Commissioner Mcinnis stated that a secondary access to South Frontage Road would be the most logical. Commissioner Alongi said he would enjoy the City Council discussion over this issue, and he'd like to know what was planned for the area beyond this development. Director Hinzman stated that the Augustines owned to Jacob Avenue, but that the Council wasn't interested in developing the entire area. The 2003 annual planning report showed that the City still had a good lot supply available. Commissioner Alongi asked if we should be creating an inviting gateway to the City, rather than what is typically seen elsewhere. Commissioner Schmitt asked why we were creating additional R-3 areas since there is a moratorium in place. Director Hinzman stated that the moratorium only applies to new applications. Commissioner Alongi agreed with Commissioner Schmitt's concerns, and suggested that both actions be tabled. Director Hinzman stated that rezoning takes two Council meetings, so that is why he recommended approving the rezoning. This would still allow both actions to meet at the June 21 st Council meeting. He added that he was unsure of the developer's timeframe. Mr. Anfang stated he would like to see the rezoning go forward, and have discussions with the planning and engineering departments regarding the future roads. This would still allow the plat to come back to the Commission on the 14th of June. Commissioner Alongi asked which motions needed to be made. Director Hinzman stated that the rezoning motion should be separate from the plat and site plan motion. Planning Commission Action Commissioner Twedt moved and Commissioner Mcinnis seconded the motion to recommend approval of the rezoning from A Agriculture to R-3 PRD Medium High Density Residence Planned Residential Development. Upon vote taken: Ayes: 5, Nays: 1, Schmitt dissenting. Motion passed. Commissioner Alongi moved and Commissioner Twedt seconded the motion to table the Preliminary Plat/Site Plan for the Vitt Property. Upon vote taken: Ayes 6, Nays: O. Motion passed. 5. Ryan and Vicki Krick - Preliminary/Final Plat/Site Plan #2004-26 Ry-Vic West - multiple family residential development - Southeast of Tierney Dr and General Sieben Dr. Planner Jenson presented background information on the proposal. Vice-Chair Hollenbeck opened the public hearing at 8:35 pm. Lorraine Kimmes, 1454 Pringle Ct, expressed concern about the rear yard setback of the units. She also asked why rental property was being allowed in this area. Director Hinzman stated that City cannot regulate rental versus owner occupied. Commissioner Alongi asked why the twinhomes along Pringle Ct were zoned R-1. Staff stated that they did not know the history of the development and would look into the matter. Laura Delarbre, 1469 General Sieben Drive, stated that she lives just south of the proposed development, and that there are drainage issues along her rear yard line. Ryan Krick, applicant, stated that a 10' drainage and utility easement has been placed along the east and south property lines. As for the rear yard setback, the units are required to have a minimum 20' rear yard setback, which is what they are showing on the plans. Judith McCallum, 1470 Pringle Ct, stated that she lives behind the proposed two-story unit. Mr. Krick stated that he and his mother intend to each live in one of the units and rent the others. Hearing no further comments, the hearing was closed at 8:52 pm. Commissioner Schmitt stated that he would prefer to see the Commission hold off on recommending approval of the project if changes may be made in the near future. Planning Commission Action: Commissioner Mcinnis moved and Commissioner Alongi seconded the motion to table the Preliminary/Final Plat/Site Plan for Ry-Vic West. Upon vote taken: Ayes: 3, Nays: 3. Motion failed. Commissioner Twedt moved and Commissioner Mcinnis seconded the motion to recommend approval of the Preliminary/Final Plat/Site Plan to the City Council, subject to the following conditions: 1 ) 2) 3) Recording of the Final Plat of RY-VIC WEST with Dakota County. All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. Final approval of the grading, drainage and utility plans by the Public Works Director, and reimbursement for any fees incurred in review of the development. The owner assumes all risks associated with the grading and utility placement prior to formal approvals. The association shall be fully responsible for maintenance of the common drive. A clause must be included in the association documents to memorialize association responsibility. The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. The private drive must be constructed to city specifications. Prior to City signature of the Final Plat mylars, a revised landscape plan shall be submitted identifying the size, species, and method of installation for all required boulevard and front yard trees, as well as the island and foundation plantings. 4) 5) 6) 7) 8) 9) 10) 11 ) 12) 13) 14) 15) 16) 6. Tree Preservation fencing shall be installed prior to commencing any grading, and shall be maintained throughout site development. Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. Preliminary Plat approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void At the discretion of the Planning Director, execution of a development agreement to memorialize the conditions of the plat and to establish any applicable escrow amounts to guarantee the completion of site plan activities. Satisfaction of park dedication requirements as recommended by the Natural Resources and Recreation Commission prior to release of final plat mylars. Payment of sewer interceptor fees in the amount of $2,010 ($335 x 6 units) prior to release of final plat mylars. Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. The Final Plat shall be recorded with Dakota County within 90 days of approval by the City Council, or the approval is null and void. That if the property owners choose to construct the proposed future twinhome shown on the plans, Lot 2 must be split to create a separate lot on which the twinhome will be located. Upon vote taken: Ayes: 6, Nays: O. Motion passed. Kupser Lane Properties - Minor SubdivisionNariance Planner Jenson presented background information on the project. Vice-Chair Hollenbeck opened the public hearing at 9:02 pm. Wendy Kupser, applicant, stated that she spoke with two attorneys regarding the creation of a condo to split the units. Both stated that it was unwise, because a split vote by the owners could mean that maintenance issues don't get addressed. She stated it was always their intent to split these units, but is unsure why the units were offset on the property. She added that no flags were raised by her builder, surveyor, or the City regarding the issue while it was going thru the process. Commissioner Alongi asked if the building was constructed properly to allow it to be split. Planner Jenson stated that it was. Ms. Kupser stated that in asking questions to potentially split another property, they discovered that there was a problem with this property. She added that she has spoken with many of the neighbors in the area and they expressed a desire for the units to be owner-occupied, rather than rentals. Commissioner Schmitt asked if this project could be built if the lot were vacant. Planner Jenson stated that it could. Commissioner Truax moved and Commissioner Alongi seconded the motion to recommend approval of the Minor SubdivisionNariance to the City Council, citing the following review criteria: B. The literal interpretation of the City Code would deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. That the special conditions and circumstances do not result from actions of the applicant. C. Upon vote taken: Ayes: 6, Nays: O. Motion passed. 9. Other Business Director Hinzman updated the Commission on City Council actions. He stated the American Legion was applying for a street vacation to allow the construction of deck, and that the City Council enacted a moratorium on multi-family site plans. This does not affect any applications currently going thru the process, only on any new applications. Commissioner Schmitt stated that he would prefer to have legal council available for the Planning Commission if the Commission is expected to make recommendations on the moratorium issue. Adjournment With no further business, the meeting was adjourned at 9: 18 pm. Respectfully submitted, Kris Jenson Recording Secretary