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Planning Commission Minutes – March 26, 2007 Page 1 of 7
Hastings Planning Commission
March 26, 2007
Regular Meeting
7:00 p.m.
Chair Truax called the meeting to order at 7:02 p.m.
1.Roll Call
Commissioners Present: Hiedeman, McInnis, Peine, Schmitt, Stevens, Truax, Zeyen
Commissioners Absent: None
Staff Present: Planning Director Hinzman
Associate Planner Kari Barker
2.Approval of Minutes
– February 12, 2007
Motion by Zeyen to approve the February 12, 2007, meeting minutes. Seconded by
Heideman; motion passed unanimously.
Public Hearings
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3.Preliminary and Final Plat, Site Plan Approval
-#2007-11 –Riverwood 9 Addition –
South Pointe Drive – Siewert Construction.
Associate Planner Kari Barker presented the staff report.
Chair Truax opened the Public Hearing at 7:09.
Dan Tilsen, developer’s representative, stated that the units being proposed for
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Riverwood 9 Addition are identical to those in Riverwood 8 Addition.
Thomas Cherney, homeowner of 3532 Greten Lane, spoke at the public hearing. He
stated that he has no opposition to the townhomes as they have been planned for a while
and are economically feasible. However, Mr. Cherney asked the Planning Commission
to watch the amount of townhome units being constructed on the south side of Hastings.
This is due to concern that Hastings is becoming a bedroom community of townhome
units.
Chair Truax closed the Public Hearing at 7:11.
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Commissioner Schmitt inquired how many units were part of Riverwood 7 Addition.
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Dan Tilsen stated he believed about seven units were lost in Riverwood 9 Addition.
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Planning Commission Minutes – March 26, 2007 Page 2 of 7
Commissioner Stevens asked how wide the road width was. Dan Tilsen confirmed it was
32 feet. Director Hinzman stated the road width was an error in the memo. As such,
parking would be allowed on both sides of the road.
Commissioner Stevens requested additional information regarding the curb in the
development. Dan Tilsen explained the differences between surmountable curb and
drive-over curb.
Director Hinzman stated that Public Works generally allows surmountable curbs in
townhome developments.
Dan Tilsen stated that surmountable curbs still have curb and gutter. He further stated
that surmountable curbs work better in townhome units due to the design of the roads.
Commissioner Schmitt inquired whether the townhome development would have a
central pump house for the sprinkler system or if there would be separate meters and
backflows. Dan Tilsen stated that there would be a central pump house. The townhome
units would be broken up by association, which would determine the pump house the
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units would be serviced by. He stated that Riverwood 9 would probably require 2 pump
houses.
Commissioner Stevens stated that he preferred elevation B as it was a better example of
curb and provided green space.
Commissioner Schmitt inquired as to how staff would like to handle condition number 8
relating to the trail connection. Planning Director Hinzman stated that if the Planning
Commission was agreeable, staff would like to discuss the condition with the Public
Works Director.
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Motion by Schmitt to approve the Preliminary and Final Plat for Riverwood 9 Addition
with a modification to number eight that wording be added stating that it may be
modified at a later date per further discussion with the Public Works Director.
Commissioner Zeyen added a friendly amendment to delete condition number 17.
Action by Planning Commission:
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Motion by Schmitt to approve the Preliminary and Final Plat for Riverwood 9 Addition.
Seconded by Zeyen; motion passed unanimously.
Upon vote taken, Ayes 7, Nays 0. Motion passed unanimously with the following
conditions:
City of Hastings
Planning Commission Minutes – March 26, 2007 Page 3 of 7
1.Conformance with the plans submitted with the Planning Commission Staff
Report dated March 26, 2007.
2.All disturbed areas on this property shall be stabilized with rooting vegetative
cover to eliminate erosion problems.
3.Final approval of the grading, drainage and utility plans by the Public Works
Director, and reimbursement for any fees involved in plan review. The owner
assumes all risks associated with the grading and utility placement prior to formal
approvals.
4.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.
5.Sewer interceptor fees in the amount of $15,785 (41 units x $385 per unit) shall
be paid prior to recording of the Final Plat.
6.Park Land Dedication Fees in the amount of $60,500 shall be paid prior to the
recording of the Final Plat.
7.The proposed South Point Drive must be renamed to South Pointe Drive.
8.A trail must be constructed along South Pointe Drive between Riverwood Drive
and the existing trail stub east of South Pointe Drive, as approved by the Public
Works Director. After review with the Public Works directed, the trail may be
constructed with the second phase of the project.
9.Boulevard trees must be planted within the right-of-way.
10.A letter from the engineer of record will be required certifying that the grading
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work of Riverwood 9 Addition does not encroach into the Floodplain beyond the
approved limits established in the 1998 Special Use Permit.
11.That the developer shall have separate water meter and water line installed for all
irrigation systems.
12.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 prior to issuance of any building permits.
13.Any uncompleted site work (including landscaping) must be escrowed for at 125
percent of estimated valuation prior to issuance of a certificate of occupancy.
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Planning Commission Minutes – March 26, 2007 Page 4 of 7
14.The Final Plat must be submitted for recording with Dakota County within on
year of City Council approval, or the approval is null and void.
15.Future construction of homes along the South Pointe Drive may also require
additional FEMA review and approvals including a Conditional Letter of Map
Revision (CLOMR) prior to building construction.
16.Driveways shall be constructed as depicted on the civil plans to include driveway
separation.
17.A declaration of covenants, conditions and restrictions or the equivalent document
shall be submitted for review and approval by the City before release of the final
plat mylars for recording to ensure maintenance of open space, median plantings,
cul-de-sac plantings, common drives, and common utilities. The declaration shall
include, but is not limited to, the following:
(a) A statement requiring the deeds, leases or documents of conveyance
affecting buildings, units, parcels, tracts, townhouses, or apartments be subject to
the terms of the declaration.
(b) A provision for the formation of a property owners association or
corporation and that all owners must be members of said association or
corporation which may maintain all properties and common areas in good repair
and which may assess individual property owners proportionate shares of joint or
common costs. The association or corporation must remain in effect and may not
be terminated or disbanded.
(c) Membership in the association shall be mandatory for each owner and any
successive buyer.
(d) Any open space restrictions must be permanent and may not be changed or
modified without city approval.
(e) The association is responsible for liability insurance, local taxes and the
maintenance of the open space facilities deeded to it.
(f) Property owners are responsible for their pro-rata share of the cost of the
association by means of an assessment to be levied by the association which meet
the requirements for becoming a lien on the property in accordance with
Minnesota Statutes.
(g) The association may adjust the assessment to meet changing needs.
The Planning Commission then discussed the Site Plan.
Chair Truax inquired into vehicular and pedestrian access. Planning Director Hinzman
provided a brief summary on the items.
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Planning Commission Minutes – March 26, 2007 Page 5 of 7
Commissioner Schmitt asked if the trail language needed to be on the conditions for the
Site Plan. Chair Hinzman stated that the trail requirements fell under the confines of the
Preliminary and Final Plat requirements.
Action by Planning Commission:
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Motion by Schmitt to approve the Site Plan for Riverwood 9 Addition. Seconded by
Heideman; motion passed unanimously.
Upon vote taken, Ayes 7, Nays 0. Motion passed unanimously with the following
conditions:
1.Conformance with the plans submitted with the Planning Commission Staff Report dated
March 26, 2007.
2.All signage will require a separate sign permit.
3.Roads shall be constructed to City standards including bituminous surfacing and concrete
curb and gutter.
4.All disturbed areas on this property shall be stabilized with rooting vegetative cover to
eliminate erosion problems.
5.The disturbed areas of the site shall be maintained to the requirements of the City’s
property maintenance ordinance.
6.Final approval of the development grading and utility plans by the City of Hastings. The
applicant shall be liable for any costs involved in consultant review of the plans.
7.Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to
issuance of certificate of occupancy.
8.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.
9.All landscaped areas must be irrigated.
4. Other Business
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Pat Moseng, homeowner of 413 E 18 Street, stated concerns regarding a group
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home being run out of the home located at 407 E 18 Street. He stated that the home,
which is located next to his, was recently purchased and renovated into a group home.
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Planning Commission Minutes – March 26, 2007 Page 6 of 7
Mr. Moseng further stated that the neighborhood has a lot of questions regarding the
group home, but not a lot of answers. He asked if a home occupation license was needed
and what role the City has in regulating group homes. Mr. Moseng also stated that there
were concerns with parking, as there were usually 2-4 cars parked at the home. Finally,
Mr. Moseng stated that there was a lack of notification to the neighborhood regarding the
home.
Mr. Moseng read a letter from another concerned resident. The letter asked if the group
home was following state and federal guidelines. In addition, the expected behaviors of
the group home were inquired about.
Commissioner Schmitt inquired if the group home is considered a home occupation.
Planning Director Hinzman stated that group homes fall under the category with rental
licenses and that the county has the majority of control over the guidelines of group
homes.
Commissioner Schmitt summarized, stating that it appears group homes fall through the
cracks of the ordinances.
Chair Truax stated that the city should look at either permitting group homes or bringing
them in under the Home Occupation License Ordinance.
Planning Director Hinzman stated that staff could look into the topic and report back to
the Commission.
Commissioner Peine questioned if there was a maximum number of residents allowed at
the group home. He also inquired to the parking restrictions.
Planning Director Hinzman stated that there are a maximum number of residents allowed
in rental units. He further stated that parking is determined based on the number of units.
Mr. Moseng stated that the residents felt left out by the process.
Planning Director stated he would review what the city could do in regards to regulating
group homes.
Commissioner Peine asked staff to look into what inspections were done on the property
and what the inspections determined.
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Loren Burow, resident of 320 18 Street East, stated that he can see how the group home
got in under the radar as the process is similar to the foster care process. The foster care
process does not require notification of neighbors. He stated that he felt that the county
should notify residents about group homes and that residents want to be informed.
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Planning Commission Minutes – March 26, 2007 Page 7 of 7
Commissioner McInnis asked staff if the City Attorney would be contacted. This was
confirmed by Planning Director Hinzman. He further stated that he wanted to know
when residents needed to be informed.
Commissioners agreed to have staff research the concerns and report back at the April 23,
2007, meeting.
Planning Director Hinzman updated the Commission on previous Council activities and
upcoming agenda items.
5. Adjourn
Commissioner Schmitt motioned and Commissioner Peine seconded. Motion passed
unanimously.
The meeting was adjourned at 7:46 p.m.
Respectfully submitted,
_____________________________
Kari Barker,
Associate Planner