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HomeMy WebLinkAboutPCMinutes-20061113City of Hastings Planning Commission Minutes – November 13, 2006 Page 1 of 6 Hastings Planning Commission November 13, 2006 Regular Meeting 7:00 p.m. Chairman Twedt called the meeting to order at 7:02 p.m. 1.Roll Call Commissioners Present: Peine, Truax, Twedt, Schmitt, McInnis, Hiedeman, Zeyen Staff Present: Planning Director John Hinzman, Associate Planner Kari Barker 2. Approve October 23, 2006 Planning Commission Meeting Minutes Motion by Commissioner Truax to approve the minutes of the October 23, 2006, Planning Commission meeting as presented, seconded by Commissioner Schmitt. Upon vote taken, Ayes: 7, Nays 0. Motion passed. Public Hearings nd 3.Habitat for Humanity – Preliminary Plat #2006-45 – Pleasant Acres 2 Addition - North Frontage Road. Staff Report by Kari Barker. Staff Report by Associate Planner Kari Barker. Chair Twedt opened and closed the public hearing at 7:06. Chairman Schmitt inquired into adding a twelfth requirement which would state that Habitat for Humanity follows the recommendations from the National Resources and Recreation committee in regards to the park land dedication. Commissioners agreed to the additional requirement. Commissioner Truax inquired into the location of the truck washing station. He expressed concern of chemicals and concrete entering the well site near the water tower. Planning Director Hinzman stated that the truck washing station may be temporary. Commissioner Truax stated he was concerned about contamination of drinking water. Planning Director Hinzman informed Commissioner Truax that he would pass the concerns to the Engineering Department. Planning Commission Action: Commissioner Schmitt moved and Commissioner Zeyen seconded to approve the Preliminary Plat for Habitat for Humanitywith the following recommendations: City of Hastings Planning Commission Minutes – November 13, 2006 Page 2 of 6 1.Conformance with the plans submitted with the Planning Commission staff report of November 13, 2006. 2.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. 3.Waive the sewer interceptor fees. 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.Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy. 7.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. 8.As a condition of the Preliminary Plat, Twin Cities Habitat for Humanity will be responsible for the maintenance on their portion of the Dakota CDA access road. This includes snow maintenance in the winter. 9.Parking shall be prohibited on the Dakota CDA access road. st 10.Retaining walls and fencing must match material of Pleasant Acres 1 Addition. 11.The applicant must provide proof of access rights to the private Dakota CDA access road. 12.Habitat for Humanity shall follow the recommendations from the National Resources and Recreation committee in regards to the park land dedication Upon vote taken, Ayes: 7, Nays 0. Motion passed. City of Hastings Planning Commission Minutes – November 13, 2006 Page 3 of 6 4.City of Hastings – City Code Amendment #2006-55 – Electronic Video Board Signage. Staff Report by John Hinzman. Staff Report by Planning Director John Hinzman. Chair Twedt clarified that he would first open the public hearing and then the Commissioners would discuss their interpretation of the Amendment. Chair Twedt opened and closed the public hearing at 7:14. Chair Twedt inquired about the notification for the City Code Amendment. Planning Director Hinzman stated that notification was through the newspaper, which is standard procedure. Commissioner Schmitt stated that the Amendment should prohibit graphic display signs from motion as these types of signs have this capability. Commissioner Truax stated that the Amendment should prohibit projection. Commissioner Schmitt stated to review the definition in 10.02 yyy. Commissioner Truax stated that it was projection was defined, but not prohibited. He stated that he did not want the projecting capability to be used. Commissioner Schmitt stated that the Amendment should also prohibit laser boxes. Commissioner Truax referred to Subdivision 2B in regard to flashing signs. He stated that there are already flashing signs and cited Walgreens as an example. He stated the Commission should decide if the Ordinance would allow flashing or not. Further, Commissioner Truax stated the Commission may want to consider restricting certain areas, such as the Vermillion Street Corridor. Commissioner Peine inquired if the architects for the Vermillion Street Corridor had any sign ideas. Planning Director Hinzman stated that the architects had not gotten to that level of detail. Commissioner Schmitt gave two suggestions for additions to the Sign Ordinance. First, the issue of window signage may want to be addressed. Secondly, Commissioner Schmitt stated that the Ordinance should address the penalties of disregarding the regulations. Commissioner McInnis stated his concern that the signage is not harmful to neighbors or traffic. Chair Twedt stated that he felt that only one screen should be allowed at a time. In addition, no flashing or long messages should be allowed. Planning Director Hinzman asked if the Planning Commission desired to see the Ordinance with their proposed changes or if he should recommend the changes to the City Council. Chair Twedt City of Hastings Planning Commission Minutes – November 13, 2006 Page 4 of 6 stated that he was agreeable to recommending the changes to the City Council. The Commissioner was in agreement. Planning Commission Action: Commissioner Schmitt moved and Commissioner Truax seconded to approve the City Code Amendment with the aforementioned recommendations. OTHER ACTIONS th 5.Patrick Moseng – Home Occupation Permit #2006-54 – Locksmith – 413 18 Street E. Staff Report by Kari Barker. Staff Report by Associate Planner Kari Barker. Commissioner Truax stated that he has concerns over the Home Occupation Ordinance, not Mr. Moseng’s business. He stated that in September, the Planning Commission voted (4-3) to approve a Home Occupation License for a business that initially came through as a code violation issue. The City Council approved the License (7-0) and did not address the code violation issues. Thus, Commissioner Truax stated he feels the ordinance is invalid. Commissioner Truax expressed his desire to have an exception clause that would allow existing businesses to continue operation if they were in good standing. Commissioner Truax stated his desire would be to have the City Council fix the ordinance and then approve Mr. Moseng’s Home Occupation Permit. Mr. Moseng asked Commissioner Truax if he was stating the ordinance was poorly written. Commissioner Truax stated that was correct. Mr. Moseng stated he previously had a Home Occupation Permit, but had not made the time to reapply for one. Planning Director Hinzman inquired as to the parts of the ordinance to fix. Commissioner Truax stated he wanted existing home occupations to continue. Planning Director Hinzman inquired if this would be in the form of a grandfather clause. Commissioner Truax stated that it would not be an entire grandfather clause. Rather, only those in compliance would be allowed to continue. Commissioner Truax stated that he wants to make the rule the same for all. Chair Twedt stated that the Commission should make a recommendation to the City Council to review the ordinance and also Mr. Moseng’s application. Planning Commission Action: Commissioner Schmitt moved and Commissioner Truax seconded to approve the City Code Amendment with staff recommendations. City of Hastings Planning Commission Minutes – November 13, 2006 Page 5 of 6 Chair Twedt inquired if the applicant used solvents and key filings during the business. Mr. Moseng stated that the filings are brass. Further, although he can recycle them, he throws them in the trash can as they are not harmful to the environment. Mr. Moseng also stated that only small amounts of solvents are used. Chair Twedt stated that staff should look into disposal regulations for filings. Planning Director Hinzman inquired how much filings are thrown each month. Mr. Moseng stated a handful of filings were disposed of each month. Upon vote taken, Ayes: 7, Nays 0. Motion passed with the following staff recommendations: 1.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. 2.That the business will be operated in compliance with the Home Occupation regulations as established by the Hastings City Council. 3.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. 4.Per the request of the Fire Marshall, a minimum ten-pound fire extinguisher must be located in the shop at all times. The Planning Commission then discussed recommending to the City Council to review the Home Occupation Ordinance. Commissioner Truax specifically stated to review adding a restrictive clause that allows a long standing business in good standing to continue operating with a license. Planning Commission Action: Commissioner Truax moved and Commissioner Schmitt seconded to approve the request to the City Council. The motion passed unanimously. 6. Other Business Director Hinzman updated the Commission on previous Council activities. City of Hastings Planning Commission Minutes – November 13, 2006 Page 6 of 6 A resident from existing Habitat for Humanity homes came forward with a letter stating concerns of his current development. Planning Director Hinzman stated that the letter would be placed in the packet for the November 20, 2006, City Council meeting. 7. Adjourn Commissioner Truax motioned and Commissioner Zeyen seconded. Motion passed unanimously. The meeting was adjourned at 7:49 p.m. Respectfully submitted, _____________________________ Kari Barker, Associate Planner