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HomeMy WebLinkAboutPCMinutes-20060828City of Hastings Planning Commission Minutes – August 28, 2006 Page 1 of 8 Hastings Planning Commission August 28, 2006 Regular Meeting 7:00 p.m. Chairman Twedt called the meeting to order at 7:03 p.m. 1.Roll Call Commissioners Present: Peine, Zeyen, Truax, Twedt, Schmitt, McInnis, Hiedeman Staff Present: Planning Director John Hinzman, Associate Planner Kari Barker, Planning Intern Larry Phillips 2. Approve August 14, 2006 Planning Commission Meeting Minutes Motion by Commissioner Truax to approve the minutes of the August 14, 2006 Planning Commission meeting, seconded by Commissioner McInnis. Upon vote taken, Ayes: 7, Nays 0. Motion passed. PUBLIC HEARINGS 3. Steve Theriault – Shoreland Variance\Minor Subdivision #2006-38 – Subdivision of property into two single family lots – 108 River Street. Staff Report by John Hinzman. First the Commission discussed the Shoreland Variance. Chairman Twedt opened and closed the public hearings at 7:09 p.m. Commissioner Truax voiced concern about the DNR’s comment regarding vegetation loss. Steve Theriault, 108 River Street, informed the Commission that they will be saving the mature trees and only loosing two immature trees. Commissioner Traux clarified that this will not have a large effect on the vegetation. Commissioner Schmitt asked if the potential smaller lot will meet zoning requirements for the R-2 District. Director Hinzman informed the Commission both lots will meet zoning requirements for the R-2 District. City of Hastings Planning Commission Minutes – August 28, 2006 Page 2 of 8 Planning Commission Action: Commissioner Truax motioned and Commissioner Schmitt seconded approval of the Shoreland Variance which was recommended by staff based on the following: 1. Consistent with Characteristics of Development on Adjacent Properties. Both of the proposed lot divisions would exceed minimum requirements of the R-2 Zoning District and are consistent with the property sizes of the immediate neighborhood. 2. Preservation of Natural Features. The proposed division line between the two parcels is sought to preserve existing trees and vegetation. A more equal division of the property would result in greater vegetation loss. 3. Minimal Affect on Lake Rebecca. Lake Rebecca cannot be viewed from the subject property. The lake is located approximately 100 feet lower in elevation. The property is over 200 feet from the bluff line to the lake. Upon vote taken, Ayes: 7, Nays 0. Motion passed. After approval of the Shoreland Variance, the Commission discussed the Minor Subdivision. Commissioners felt the Minor Subdivision was acceptable. Planning Commission Action: Commissioner Truax motioned and Commissioner Hiedeman seconded approval of the Minor Subdivision with the following recommendations: 1. Payment of park dedication fees for one unit in the amount of $2,200. 2. Payment of sewer interceptor fees for one unit in the amount of $385. 3. Payment of deferred public improvement assessments of $13,377.76. 4. Planting of one boulevard tree and one front yard tree per unit, consistent with the City Code. 5. Adherence to the Tree Preservation Policy and review by the City Forester of building plans. 6. 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. Terry Heselton – Home Occupation Permit #2006-42 – Operation of a snow st plowing and excavation business – 707 East 1 Street. City of Hastings Planning Commission Minutes – August 28, 2006 Page 3 of 8 Staff Report by Larry Phillips. Chairman Twedt stated that this was not a public hearing but if persons from the public would like to make a comment they could. st Steven Mollick, 623 East 1 Street, stated that he had lived next to the Heseltons since 1977 and has had no problems with the Heseltons. Mollick stated he wants the Planning Commission to honor the permit. Commissioner Schmitt stated that he has been neighbors with the Heseltons for six years and has never had any problems. Commissioner McInnis questioned the point of recommendation 5. Director Hinzman said that the purpose of recommendation 5 is that you cannot have storage outside; if you do you must have an amendment. Commissioner Zeyen stated that the Heseltons have lots of equipment outside the garage and this will not comply with the requirements of the Home Occupation because all of the equipment will not fit in the garage. Commissioner Truax stated that because of all the equipment stored outside of the garage, the minute City Council passes the permit it will be in violation. Truax also was concerned with water contamination as the site is located in a close proximity to the Mississippi River and the excavating equipments could leak toxic liquids. Commissioner Hiedeman asked if Heselton has been operating a home business out of his garage since 1976 why he is just applying for a Home Occupation Permit now. Director Hinzman informed the Commission that through more code enforcement and changes in the Home Occupation Ordinance, Heselton has just now applied. Commissioner Zeyen referred to the seal coating business that applied for a Home Occupation Permit a year ago which came to the Planning Commission with the same issues of leakage and water contamination. Commissioner Truax pointed out in the Home Occupation Regulations 2. b. where it addresses exterior storage of equipment. 2. b. reads: Exterior display or storage of equipment or materials related to the home occupation is prohibited. No article for sale shall be visible from the street. Commissioner Schmitt stated that by its nature the building has been a shop for 150 years and the Hastings Heritage Preservation Commission recommends the license. City of Hastings Planning Commission Minutes – August 28, 2006 Page 4 of 8 Commissioner Truax said that Heselton will need to request a variance to the ordinances if the license were granted. Truax went on to say that Heselton must conform to the Home Occupation Regulations. Chairman Twedt pointed out that it is in the recommendation that Heselton cannot have outside storage of equipment and went on to say that there have not been any complaints by the neighbors because of the operation of the business. Planning Commission Action: Commissioner Schmitt motioned and Commissioner Hiedeman seconded approval of the Type II Home Occupation License: Chairman Twedt made a friendly amendment to the motion that should a license be granted, the applicant must apply to amend the license. Commissioner Schmitt accepted the friendly amendment. Type II Home Occupation License was motioned and seconded with the following recommendations: 1. A fire safety inspection by the Fire Marshall. 2. That the business be operated in compliance with the information provided by the applicant. The applicant shall provide the Planning Department notice of changes that expand the business (i.e. additional outside employees) to determine if the business is operating within the confines of the code. 3. That the business will be operated in compliance with the Home Occupation regulations as established by the Hastings City Council. 4. That the Type II license will be in a probationary status for one year. When the year is up, the Council will review the license and determine whether it should be issued for the remaining two years. 5. If a license were to be granted, no storage of materials or equipment would be allowed outside of the garage onsite without first requesting an amendment to the exterior storage provision for the home occupation license. Upon vote taken, Ayes: 4, Nays 3. Motion passed. Commissioners Peine, Schmitt, Hiedeman, and Chairman Twedt voted aye. Commissioners Zeyen, Truax, and McInnis voted nay. th 5Synergy Development – . Final Plat\Site Plan #2006-41 – Glendale Heights 4 Addition\Eagle Pointe Apartments – Voyageur Pkwy. Staff Report by Kari Barker. City of Hastings Planning Commission Minutes – August 28, 2006 Page 5 of 8 First the Commission discussed the Final Plat. Chairman Twedt stated that this was not a public hearing but if persons from the public would like to make a comment they could. Peter Freeman, 2729 Rushmore Road, stated his concerns with property values of surrounding properties, the status of the project, and if Planning Commission has voted on this before. Director Hinzman informed Freeman that zoning and densities for this plan were allocated by the Planning Commission in 2002. Freeman inquired as to if this was a rental property and how much would the rents be. Marshall Weems, 300 East St. Germain Street, St. Cloud, MN, informed Freeman that rents will run from $850 - $1325 per month and be the highest in the City. Freeman asked if it would lower property value. Weems said that the company builds nice buildings, does a good job, they have high rents and do background checks. Commissioner Peine asked Weems how long will the company hold on to the building after it is built. Weems stated that with extra amenities and with a nice building people will want to rent these apartments so the company may own the building for awhile but nothing is definite. Donna Collins, 2735 Rushmore Road, came before the Commission and voiced her concerns. Collins said that the density of the building came as a surprise to her and she asked if it could become Section Eight subsidized housing. Collins was also concerned with extra traffic on Voyager Road and with the walking path. Weems said that it cannot become Section Eight housing because of high rental rates, Public Works had approved Voyager Road for the amount of traffic there will be, and the walking path will not be touched. Winston Riedesel, 2735 Rushmore Road, came before the Commission. He said neighboring residents don’t know what will be developed and wanted to know where the funds will come from. Commissioner Truax pointed out that this was platted in 2002 so it was known what was City of Hastings Planning Commission Minutes – August 28, 2006 Page 6 of 8 going to be there. Chairman Twedt said that it was public record that in 2002 it was rezoned from A- Agriculture to R-3 PRD. Commissioner Schmitt said that the benefit of having apartments is that there can be lower density areas in the R-3 PRD Zoning District. Commissioner Truax was concerned with the cash in lieu of land. Director Hinzman said that the cash will be paid in Ward One. There are plans for 2007 for a trail connection and funds collected from parks dedication will help with the trail connection. Chairman Twedt also voiced concern about approving development with cash in lieu. Planning Commission Action: Commissioner Schmitt motioned and Commissioner Zeyen seconded approval of the Final Plat with the following recommendations: 1. Conformance with the plans submitted with the Planning Commission staff report of August 28, 2006. 2. An escrow account must be established to ensure completion of outstanding site improvements, including landscaping prior to certificate of occupancy. 3. Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy. 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. Final approval of the development grading and utility plans by the City of Hastings Engineering Consultant. The applicant shall be liable for any costs involved in consultant review of the plans. 6. Cash in lieu of land shall be paid to satisfy park dedication requirements in the amount of $72,600 (66 units x $1,100 per unit). Park dedication must be paid prior to recording of the Final Plat. 7. Sewer interceptor fees in the amount of $25,410 (66 units x $385 per unit) shall be paid prior to recording of the Final Plat. Upon vote taken, Ayes: 7, Nays 0. Motion passed. The Planning Commission proceeded with discussion on the Site Plan. City of Hastings Planning Commission Minutes – August 28, 2006 Page 7 of 8 Director Hinzman stated that the major issue, in regards to recommendation 16, is the questions with fire suppression (Full 13 system) and the 10’–12’ walking/emergency access path. Weems said that he has talked through fire plans with the Fire Marshal and is trying to get the issue resolved. Commissioner Truax asked if the trash dumpsters will be kept inside. Weems said they would because it would be more aesthetically pleasing. Commissioner Zeyen asked if the fire marshal would take care of the concerns with recommendation 16. Director Hinzman said that if the walking/emergency access path is required, the Site Plan will need modifications. Hinzman went on to tell the Commissioners that if they are not comfortable with recommendation 16 it could be revised to read: the building must meet the Fire Marshal’s requirements of fire suppression. Chairman Twedt said that if we don’t have a Full 13 system, a walking/emergency access path will be required which could significantly change the Site Plan. Commissioner Schmitt stated that if we put this decision upon the Fire Marshal’s approval, the entire property has the potential to change significantly. Director Hinzman agreed that the change to the Site Plan may be significant if the walking/emergency access path is required. Chairman Twedt reiterated that this whole building may be altered depending on what the Fire Marshal says. Planning Commission Action: Commissioner Schmitt motioned to table the Site Plan until recommendation 16 is resolved with the Fire Marshal’s comments. Commissioner McInnis seconded. Upon vote taken, Ayes: 7, Nays 0. Motion tabled. 6. Other Business A. Director Hinzman informed the Planning Commission that at the August 21, 2006 City Council meeting improvements to Spiral Boulevard was discussed, the City of Hastings Planning Commission Minutes – August 28, 2006 Page 8 of 8 temporary auto sale at Westview Mall was approved, there was an extension of the roof sign at Three Rivers Condos. B. Hinzman told the Commission that at Planning Committee that meet on August 14, 2006 discussed trails and signage and the Planning Commission and City Council should not review sign permits but rather the permits should be review administratively by staff, there should be improved wording in the Sign Ordinance concerning LED lights. 7. Adjourn Commissioner Truax moved to adjourn the meeting and Commissioner Zeyen seconded. The meeting was adjourned at 8:40 p.m. Respectfully submitted, _____________________________ Larry Phillips Planning Intern