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HomeMy WebLinkAboutPCMinutes-20060522Hastings Planning Commission May 22, 2006 Regular Meeting 7:00 p.m. Chairman Twedt called the meeting to order at 7:04 p.m. 1. Roll Call Commissioners Present: Peine, Zeyen, Truax, Twedt, Schmitt, McInnis, Hiedeman Commissioners Absent: None Staff Present: Planning Director John Hinzman, Associate Planner Kari Barker, Planning Intern Larry Phillips 2. Approve April 10, 2006 Planning Commission Meeting Minutes Motion by Commissioner Truax, second by Commissioner McInnis to approve the minutes of the April 10, 2006 Planning Commission meeting as presented. Upon vote taken, Ayes: 7, Nays 0. Motion passed. PUBLIC HEARINGS 3. Camegaran, LLC – Preliminary Plat\Final Plat\Site Plan #2006-22- rd Schoolhouse Square 3 add – Office\Bank Building. Director Hinzman presented the staff report. Two main issues were brought up. The first was the Vermillion Street entrance. If the one way drive in front of the Green Mill would be converted for two-way traffic, the turning radius would be too tight for larger vehicles heading northbound on Vermillion to take a U-turn and go southbound in the parking lot drive. The second main issue was the east\west entrance to the back drive thru from the north\south Sibley Street access drive. The two left turn lanes are too close in proximity to one another th and would be confusing for vehicles heading southbound towards the main 10 and Sibley entrance from the main Green Mill parking lot. Chairman Twedt opened the public hearing at 7:15 p.m. Pat Regan, Camegaran, addressed the hair pin turn at the Vermillion Street entrance. He stated that this was discussed in detail in the developer’s agreement and the only contingency is the stacking experience with cars in the Dunn Brothers drive thru. The two-way street would be much more convenient for bank traffic which is the main focus. The area for the turn was widened from 22 feet to 24 feet. He stated they will be able to make a slight redesign and reconfigure the patio at Green Mill in able to increase the turning radius. Mr. Regan addressed the second issue with the east\west entrance to the back drive thru from the north\south Sibley Street access drive. This is a much greater problem. They want to build a Premier Bank and the most important traffic pattern is to give the best service to the bank drive thru. He stated they would be willing to put up a stop sign for the drive thou right of way. He reiterated the point that the bank drive thru is very critical. He pointed out that not much speed is involved and there is plenty of room to maneuver. Director Hinzman and Mr. Regan haven’t had time to sit down together but Mr. Regan still wants the bank to start construction mid to late June and he wants to be in front th of City Council on June 5. Chairman Twedt closed the public hearing at 7:26 p.m. Planning Commission Action: Commissioner Truax moved and Commissioner Schmitt second the motion to pass the preliminary and final plat with the following recommendations by staff: 1. Conformance with the plans submitted with the Planning Commission Staff Report dated May 22, 2006. 2. Cash in lieu of land in the amount of $66,365 (58 units x $1,100 + 1.71 acres x $1,500) shall be paid for park land dedication prior to release of the final plat mylars for recording. 3. Sewer interceptor fees in the amount of $26,280.10 (58 units X $385 + 10.26 services x $385) before release of the final plat mylars. 4. All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 5. All streets, drives and utilities within the plat of Schoolhouse Square rd 3 Addition shall be privately owned and maintained. The City of Hastings will not assume any ownership or liability of infrastructure within Schoolhouse Square. 6. 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. 7. Access and parking easements must be concurrently recorded with RD the filing of SCHOOLHOUSE SQUARE 3 ADDITION to guarantee parking and access rights to all lots and outlots. 8. Satisfaction of any Minnesota Department of Transportation review comments. 9. 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. 10. Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy. 11. The Final Plat shall be submitted to Dakota County for recording within one year of approval by the City Council, or the approval is null and void. 12. 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: 7, Nays 0. Motion passed. Commissioner Truax asked how unresolved traffic flow issues can move forward to the City Council. Director Hinzman stated they can work out the plans with recommendations. Commissioner Truax brought up the issue of signage on the building. He asked if they can fix the sign issue while at the same time dealing with the traffic issue? Chairman Twedt felt they should not “muddy the waters,” as far a site plan is concerned. They should have separate meetings for sign and traffic issues. Commissioner Zeyen said usually after a drive thou you can only turn one way. Chairman Twedt asked Director Hinzman if he feels comfortable removing recommendations 3 and 4. Director Hinzman referred to a “pork chop turn” to alleviate the turning problem. Mr. Regan reiterated the fact that he was serious about working out these issues with professionals. He felt that it maybe necessary to remove 2-4 parking stalls. He mentioned that it is critical for trucks to be unloaded near the building and that is why the ATM lane of the bank drive thru is uncovered so large trucks will have clearance. Director Hinzman would consider allowing the hair pin turn on Vermillion if the turning radius was increased. He said to fix this turn there would be impact on the existing site. Green Mill would have to make their patio smaller and likely take out 2 – 4 parking stalls. In regards to recommendation number 5, Chairman Twedt asked if Schoolhouse Square will take care of its own roads. Director Hinzman told the Commission that Schoolhouse Square will be maintaining their own roads. Chairman Twedt asked if emergency vehicles would have problems accessing Schoolhouse Square. Director Hinzman stated that since ingress or egress hasn’t changed, access for emergency vehicles will not be an issue. Commissioner Zeyen brought up Mr. Regan’s early comment about trucks getting though the ATM lane, he pointed out that the site plan does not show a truck turning radius. Mr. Regan stated that trucks coming out of the ATM lane would have to take a left hand turn when exiting. Commissioner Zeyen stated every vehicle coming out of the drive thru must take a left. Mr. Regan felt that vehicles in the center and right lanes would be exiting to the right. Commissioner Schmitt pointed out that drivers will go into which lane is the shortest in the bank drive thru. Planning Commission Action: Commissioner Truax moved that the site plan be approved with the 12 recommendations listed, except for recommendations 3 and 4. Staff must work with the owner and architect in solving the traffic issues. Commissioner Zeyen seconded the motion. 1) Conformance with the plans submitted with the Planning Commission Staff Report dated May 22, 2006. 2) City Council approval of the Preliminary Plat and Final Plat of rd Schoolhouse Square 3 Addition. 3) Conversion of the one way drive in front of Green Mill for two-way traffic is unacceptable. 4) The direct east\west entrance to the bank drive thru from the north\south Sibley Street access drive must be closed. 5) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 6) 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. 7)All waste refuse facilities shall be contained in a fully enclosed building. Dumpsters outside of buildings shall be prohibited. 8) Any fencing and walls must not encroach into the 25 foot site triangle requirement at street intersections. 9)All parking areas must be constructed of bituminous surfacing and concrete curb and gutter. 10) Illumination levels are limited to 0.5 foot candles at the property line as required in the Zoning Code. 11) All lighting shall be downcast and incorporate cut-off shielding to direct light onto parking areas, and away from adjacent properties 12) All landscaped areas must be irrigated. 13) Access and parking easements must be concurrently recorded with the RD filing of SCHOOLHOUSE SQUARE 3 ADDITION to guarantee parking and access rights to all lots and outlots. 14) Satisfaction of any Minnesota Department of Transportation review comments 15) Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. 16) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. 17) 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: 7, Nays 0. Motion passed. OTHER ACTIONS 4. Hastings Ford – #2006-25 – Discuss Potential Amendment to Allow Temporary Auto Sales in the C-4, Regional Shopping Center District. Associate Planner Barker presented staff report. Hastings Ford is not requesting formal action, just guidance. Associate Planner Barker presented background information, traffic/parking considerations, and impacts on similar sales in the C-4 district. Chairman Twedt opened discussion at 7:54 p.m. Francee Jablonske, Hastings Ford, asked the Commission if this was a reasonable land use? She asked what if Target, Cub Foods, etc. would want to be allowed these special sales? Commissioner Truax asked what is the difference between outdoor Christmas tree, fireworks, and car sales? Director Hinzman clarified by saying there are special districts for auto sales, which are not allowed in the C-4 zone. Christmas trees and fireworks are allowed in the C-4 zone. Commissioner Schmitt asked if Hasting Ford had previous sales similar to this? Ms. Jablonske stated that Hastings Ford did have sales similar to this in the past and they did not go to the City for permission. No other comments were received from the public and the public hearing was closed. Commissioner Mclnnis pointed out that places that sell automobiles could have up to 4 sales like this per summer as well as sales in the spring and fall. He said that this would result in ghostly car dealerships if they all operate this way. Commissioner Mclnnis suggested a re-zone of land. Commissioner Schmitt asked if the City said no to such a sale, could they be blamed for using favoritism? He feels that there needs to be limits on the number of permits per year the City would allow. He stated that there needs to be clear guidelines set in place so the City would not be liable of using favoritism. Chairman Twedt felt there needs to be an ordinance established. He felt permits would be the best way to implement and enforce the ordinance. While the City should not limit the number of permits it issues, a well written and worded ordinance should be sufficient in controlling sales such as this in the C-4 zone. Director Hinzman will take comments to the City Council. 5. City of Hastings – #2006-23 - Residential Density Discussion. Director Hinzman presented the staff report. Commissioner Schmitt pointed out that the reason why this topic is coming up is because of the number of times people living next to new development come before the Planning Commission and complain the density is too high. He feels the Commission needs to look at standards; there is a point were infill units can be a potential safety and convince issue. He questions whether or not the City is under obligation to keep the existing zoning of a parcel of land? Director Hinzman stated that the City has the power to control land use though zoning and the threshold that represents “taking” is a grey area. Commissioner Schmitt asked if we are going to change the maximum density or are we just going to accept it as is? Director Hinzman said there are not a lot of large parcels zoned R-3. R-2 zoned parcels will probably come forward to get re-zoned while the comprehensive plan will designate different areas for density. He reiterated by saying we should look at the comprehensive plan to affect mid-density property and if there is a need we can change the comprehensive plan. Commissioner Schmitt asked if it was possible to get inventory for lots that have potential to be rezoned to R-3 from a less dense zone? Director Hinzman presented parcels of land that are likely to become rezoned to a higher density from a lower density. Commissioner Zeyen asked about rezoning of the R-2 district. Director Hinzman said the comprehensive plan must be consulted. Chairman Twedt felt the time to rezone land is not when the developer comes to the Planning Commission with the preliminary plat; it needs to be done during the comprehensive plan. He reiterates that the reason the Revolutionary War was fought is because people do not what the government to take from them. Director Hinzman pointed out that the comprehensive plan represents future desirable growth for the City. The density should be illustrated in the plan. Chairman Twedt, again, pointed out that it is not good practice to rezone after a preliminary plat come to the Planning Commission. Commissioner Truax pointed out that land zoned for agriculture has no expectation for future zoning. Chairman Twedt stated that if there is a request for orderly annexation, there is a zoning request. Director Hinzman said we need to identify future land uses for an area, hence the comprehensive plan. Chairman Twedt asked if the City has zoned anything R-1 since Director Hinzman has been working for Hastings? Director Hinzman had only seen one small parcel be zoned R-1 since his time with Hastings. Chairman Twedt asked if it was at the request of the developer? Director Hinzman said it was at the request of the developer. Commissioner Schmitt pointed out that there are two main issues. One is the legality to rezoning. The second is if the density per acre in the R-3 zone is the correct ratio. He asked if 8 the proper amount of housing units for an R-3 zone or should it be 7 or 6? Director Hinzman stated that it depends on what is adjacent to the development to determine what the proper density should be. He questioned whether it’s the density itself or the affect it has on surrounding neighbors? Commissioner Mclnnis pointed out that traffic flow must be examined. He wanted to know how density affects traffic. Director Hinzman replied that this is a difficult subject to move forward with but we must look at ways to mitigate dense areas. Chairman Twedt ended by saying the difficulty is fitting multi-family residential next to single-family residential. 6. Other Business Associate Planner Kari Barker, and Planning Intern Larry Phillips were introduced to the Commission. Director Hinzman provided an update on past Council Actions. Commissioner Truax stated that the video and audio system of the room was not worth what the citizens paid for it. There is picture and audio distortion. 7. Adjournment Meeting adjourned at 8:38 p.m. Respectfully submitted, ________________________________ Larry Phillips Planning Intern