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HomeMy WebLinkAbout06/14/04 Hastings Planning Commission June 14, 2004 Regular Meeting 7:00 pm Chairman Greil called the meeting to order at 7:00 pm. Roll Call 1. Commissioners Present: Alongi, Greil, Hollenbeck, Schmitt, Twedt, Truax Commissioners Absent: McInnis Staff Present: Planning Director John Hinzman, Associate Planner Kris Jenson, Planning Intern Courtney Wiekert Approve May 24, 2004 Planning Commission Meeting 2. Motion by Commissioner Truax, seconded by Twedt to approve the minutes of the May 24, 2004 Planning Commission as presented by Staff. Motion passed unanimously. American Legion – Special Use Permit/Site Plan/Variance #2004-27 – 3. Construction of a patio onto an existing building – 50 Sibley Street. Planner Jenson presented background information on the application. She added that the issue of the variance would not be reviewed at this time. In conversations with the DNR, it was unclear at this time if a variance is necessary, so until a determination is made, no review will take place. If the DNR determines that a variance is needed, the item would come back before the Commission and Council for review and approval. Chairman Greil opened the public hearing at 7:07 pm. Hearing no further comment, the Chairman closed the hearing at 7:08 pm. Commissioner Alongi asked if the property is the closest to the river already or if this structure will make it the closest to the river. Director Hinzman clarified that this property already is the closest to the river without the structure of the patio. Commissioner Truax stated he did not oppose to the project. He would like to inquire where the high water mark was in location to the current site and proposed patio. Director Hinzman stated the ordinary high water mark is the typical level of the river. Commissioner Alongi clarified what actions the Planning Commission was reviewing, asked if any comments had been received from neighbors, and if the patio would be open to the public. Director Hinzman stated a special use permit and a site plan review are the two items the Commission is asked to review. He added that no comments have been received by the neighbors prior to the meeting. Steve Pederson, representative of the American Legion, stated that the patio would be open to the public. Commissioner Greil asked about setting precedents for development in the area. Commissioner Twedt asked if the variance would be what could set the precedent. Director Hinzman stated that was correct. Commissioner Schmitt commented that this addition really wasn’t a structure. Director Hinzman stated that this type of request is looked at on a case by case basis. Planning Commission Action: Commissioner Truax moved and Commissioner Schmitt seconded the motion to recommend approval of a special use permit and site plan for the American Legion at 50 Sibley St to the City Council. Upon vote taken: Ayes: 6, Nays: 0. Motion passed. 4. Lawrence Builders – Site Plan #2004-21 – Construction of two 36 unit condominium buildings – Whispering Lane at Crestview Drive. Director Hinzman presented background information. Chairman Greil noted that while this item does not mandate a public hearing, the Commission would allow interested residents to comment on the project. He reminded audience members that the density of the project was set, and that the Planning Commission was reviewing issues such as the site plan, architectural elevations, landscaping, etc. He also noted that the Commission received written comments from Larry Christianson and from the DeBoe family. Larry Christianson, 275 Whispering Lane, summarized his letter to the Planning Commission. He sated that the use is not a good fit for the neighborhood and expressed concern over the issue of rental versus owner-occupied. The level of traffic will negatively impact the neighborhood and he feels the site doesn’t provide enough parking, and that the access points of the lot have poor sight views of the streets. He also stated that he has problems with water pressure, and feels the addition of these units will negatively affect the City’s ability to provide services such as adequate water flow, as well as police and fire services. He asked if sidewalks could be added to provide an area for pedestrians. He stated that he has been told by several realtors that the neighborhood can expect a minimum 5% property value drop, and that he will most likely experience a 25-30% drop in his property value. He feels that this neighborhood could be a future historic neighborhood due to the originality of homes in the area. He feels the buildings look like warehouses for people, that they are too big for the site, and that the building will tower over the neighborhood. He stated that the levels of traffic on th Featherstone Road and 4 Street are already high and make leaving the area difficult. He also stated that the proposed site has very little open space for recreational uses by the residents of the buildings, and he is concerned with that the run-off from the site will th all run down to 4 St. He isn’t happy that the driveway is lined up with his, thus adding a constant stream of headlights in his front window, as well as the significant increase in noise in the area. He feels that the City should approach the property owner and ask that single-family homes or townhomes be built on the site, not high density development, as there are plenty of other areas for that type of development. He added that included with his letter were some proposed alternate layouts for single family homes, and that the introduction of high density housing into an established neighborhood is just wrong. Denis McMahon, 211 Summit Point Drive, commented that it is unthinkable to develop this area into 90 units. He stated that he would need a fence along his rear property line if this project were to go in. He asked where the children will play, where the snow will be stored, and how the parking lot would be lit. He would also like to see a fence between the Summit Point properties and this proposed development if it is constructed. Paul Wingate, 377 Whispering Lane, stated that he has a very steep driveway, and it’s a challenge now to get out of it with the existing traffic. Twenty years have passed since the approvals, and things are different. He requested that the driveways be placed underground, reduce the building to two stories, redesign the exterior to fit in better, and that the units be owner occupied. Harold DeBoe, 1458 Featherstone Road, stated that they cannot get out of their driveway between 7 and 8 am and 2 and 3 pm during the school year and this will make the situation worse. The building just doesn’t fit in the area. Rod Risch, 305 Whispering Lane, brought up the 2 acre site to the south of this proposal that was reviewed last year, and stated that he had been told it was redesigned because the developer couldn’t make the condo building work. He worked with Mr. Christianson on the alternate proposals and they are a plea for Don Lawrence to consider lower density development. Mr. Risch asked if the traffic study was done during the school year. Director Hinzman stated that he did not know exactly when the study had been done. Various members of the audience indicated that it was done after school was out for the year. Mr. Risch added that nowhere else in town are there condo buildings directly across the street from single family homes. Harold Featherstone, 1803 Featherstone Road, stated that the Comprehensive Plan is the correct governing document. The original marketing of this site was a retirement home, which this proposal certainly is not. Good planning should go from high to medium to low density. This development may have made sense in 1986, but it doesn’t now. The proposal should be brought into compliance with the Comp Plan. He added that since R-3 allows for up to 8 units per acre, this site should only be allowed to have 32 units, and that this is similar to spot zoning. Claudia Balk, 325 Whispering Lane, asked that if the project were to be approved, that sidewalks/trails should be required along the west side of Whispering Lane. She also added that signs limiting parking along Crestview Drive and Whispering Lane should be added to control on street parking. She added what the quality of the proposed materials was. She also asked if additional street lighting could be added, and that she has also noted a reduction in water pressure at times. Jack Stober, 167 Glen Lou Way, expressed concern with the increase in traffic noise, and that the residents just want peace. Greg Exley, 570 Whispering Lane, stated that he is the president of the Whispering Lane Homeowners Association. He added that he doesn’t know if anyone can control whether units are rented or owner-occupied, but he has noticed in his building that when units are rented, the police calls for those units rise, as well as the number of parties and amount of noise. Dave Harris, architect of the project and representative of the applicant, introduced himself, the applicant Don Lawrence, and the civil engineer Dan Tilsen. He stated that 18 years ago the development went thru the City process and was allowed reduced density in areas with the trade-off being increased density in others. He acknowledged that current property owners were probably not made aware of the 90 units approved for the site. The developer has reduced the units from 90 to 72, and is meeting/exceeding all setbacks required on site. Dave Dotson, 265 Crestview Drive, wanted to know the date of the traffic study, and wondered how the Planning Commission would make a decision without the traffic study. Director Hinzman stated that he did not have the study in front of him, but that he would be happy to get that information. Ms. Balk stated that she was told by the property’s original owner, Kooroos Rejali, that the site would be developed with townhomes. Jim Weber, 315 Whispering Lane, commented that last Sunday, Featherstone Road was a one-way street for much of the day due to cars parked on both sides of the street. Jim Hanson, 225 Whispering Lane, stated that the property owners in the area are simply trying to protect their property values, and that the issue of a profit for the developer isn’t for the Commission to decide. He added that the intersection of Whispering Lane and Crestview Drive is very narrow. Jean Schumann, 271 Summit Point Drive, stated that fencing should be placed along the back of homes backing up to the proposed development. She stated that students also park on the streets to avoid paying the parking fees at the high school. Mr. Dotson asked if the high school was taken into account when this development was approved, and that the placement of the high school changed things for the neighborhood. Jim Cadwell, 310 Crestview Drive, asked if the proposed buildings are similar to 875 Bahls Drive. Mr. Harris responded that this building only has one and two bedroom units, no three bedroom units. The average unit size is about 1200 square feet. Mr. Cadwell stated that he was concerned about the size and price of the units. Director Hinzman stated that according to the submitted plans, the units run between 880 and 1425 square feet. Chairman Greil, seeing no other speakers, turned the matter over to the Planning Commission for discussion. Commissioner Alongi asked about the proposed 30 unit development to the south of this proposal. Director Hinzman stated that it was approved just under a year ago, and that the developer has indicated he may come back with a different proposal for the site. Commissioner Alongi then asked for clarification on the original approval in 1986. Director Hinzman showed a map from the 1986 approval, which showed the single- family homes, the townhomes, and the higher density development. He also explained that this was approved as a Planned Residential Development, which allows for a mix of densities, provided the overall site meets the zoning districts criteria. Commissioner Alongi asked if a condominium owner’s association had been formed. Mr. Harris stated that it was far too early in the development for that to have happened. Commissioner Alongi asked if there was any precedent for the Planning Commission and City Council to say no to a project that meets the zoning district criteria. Director Hinzman stated that he couldn’t come up with anything offhand. The proposals are reviewed under the criteria of health, safety, and general welfare. The development agreement is a signed document that the City Attorney has reviewed. If this was a new development proposal, it most likely wouldn’t be approved, but the development agreement is tight and binds the City to the density approved. Commissioner Truax asked Mr. Christianson who told him his property would drop between 25 and 30% were this to be constructed. Mr. Christianson responded that he spoke with several realtors that he chooses not to name. Commissioner Truax responded that that is all subjective and there is no way to know if that will actually happen. He also asked Staff if the planning for the new high school looked at proposed and approved developments in the area. Director Hinzman stated that the high school was built prior to his arrival with the City. Planner Jenson stated that the high school was an approved project when she started with the City, so it is unknown what review of surrounding land use took place. Commissioner Schmitt added that it is not the fault of the property owner that the high school was located where it was. Chairman Greil stated that the issue of the timing of the traffic study is a valid one, but according to the traffic engineers, there will be increased traffic, and the roads are designed to handle the levels. That is what a traffic study determines. Jan Baldwin, 315 Summit Point Court, commented that Featherstone Road is too narrow to park cars on and feels that we shouldn’t wait until a child is killed before something is done to widen the road. She added that she is not against this builder, just against the project. Commissioner Alongi stated that the Planning Commission looks at whether the project fits into the neighborhood, and asked the architect what style this building was modeled after. Mr. Harris responded that it doesn’t conform with the other architecture of the neighborhood, but it does meet the codes and standards set forth by the City. Commissioner Alongi asked what efforts have been made to add visual interest to the building, as looking at a two-dimensional plan is tough. Mr. Harris responded that there are protrusions of decks and stonefacing at the ground level of the building. Commissioner Alongi asked if there was any consideration of attaching the garage units to the building. Mr. Harris responded that the first concept plan had 90 townhome units with attached garages, but was scrapped due to the applicant feeling it was too dense for the site, and that 90%+ of the lot was impervious surface. Commissioner Alongi asked what was stopping this site from having underground parking. Mr. Harris responded that it is cost prohibitive, and the proposed underground parking is what killed the project to the south. Commissioner Schmitt asked about the addition of sidewalks/trails in the area. Director Hinzman stated that they are generally added at the time of platting, and that they probably weren’t done due to the lack of a collector road in the development. Chairman Greil stated that the park serves an amenity and perhaps the sidewalks should be added to help people get to the park. Director Hinzman stated that it was possible, with the cost being assessed back to the property owners. Commissioner Alongi asked about the letter from Kevin Smith included in the memo. Director Hinzman stated that a revised plan was submitted, but that the Forester had been on vacation and not available to review the plan. Chairman Greil thanked the residents for attending. He clarified that the Planning Commission is not elected; they are appointed by the City Council and are not paid for their time. He added that this is a situation that is not unique to Hastings, as there was a letter in the Pioneer Press last week from an Eagan resident expressing the same concerns. He asked if anyone in the audience had contacted the City regarding the future use of this development and was misled by someone from the City. (No one spoke up). Property rights exist on both sides of the issue, and that the vacant land is valued on the number of units available for construction. He added that the Planning Commission did not want to take action that would lead to litigation. He also added that he did drive on Featherstone Road on Sunday, and with vehicles parked on both sides it was a narrow drive, and asked Staff if there was the potential for limited parking. Director Hinzman stated that one would need to contact Tom Montgomery regarding that issue. Commissioner Twedt suggested that perhaps limited parking on Featherstone Road would be a good idea. Chairman Greil stated that he felt the sidewalks were a valid issue, as well as the timing of the traffic study. He would prefer to see a delay until verification of the study date, or possibly until a study can be done during the school year. Mr. Christianson asked that the study look at the average and peak traffic counts. Commissioner Twedt stated that the primary charge of the Planning Commission is zoning and land use, not on-street parking. He asked if the Commission could deny a project based on a traffic study that shows acceptable levels of service. Director Hinzman stated that the Planning Commission needs to make that determination. The Zoning Code mandates minimum parking standards, but on-street parking is more of a public works issue. Commissioner Greil stated that parking studies are frequently used, and he recalls that the Wal-Mart site was a notable one. The traffic of the Government Center, High School, and Wal-Mart all contributed to the design of the intersection. William Thuet, 315 Crestview Drive, commented that these are cheap condos built cheap. Attracting the lower end is asking for trouble. He’s not opposed to condos provided they are quality units. He also feels that the run-off from this area will run down thth Whispering Lane, across 4 Street, and flood the townhome units south of 4 Street. Commissioner Schmitt stated that what he had to say was a result of things that have been said over the past couple of meetings. His house would not meet the standards of the Whispering Lane neighborhood. He’s a good person, volunteers on the Planning Commission and with other civic projects around town, but he cannot afford a $300,000 home, and that does not make him a bad person or a bad neighbor. Planning Commission Action: Commissioner Alongi moved and Commissioner Schmitt seconded the motion to table the Site Plan for Lawrence Builders construction of two 36-unit condo buildings on Whispering Drive at Crestview Lane, and directed Staff to gather more information on the following: 1. Traffic – Parking the area and date of the traffic study. 2. Trees – Check with the City Forester for his update on the tree plan. 3. Architectural Standards – while the project has met the minimum, the Commission feels there is room for improvement. Upon vote taken: Ayes: 3, Nays: 3. Motion failed. Commissioner Twedt moved and Commissioner Hollenbeck seconded the motion to recommend approval of the Site Plan for the Lawrence Builders two 36-unit condo buildings on Whispering Drive at Crestview Lane, and directed Staff to work with the applicant to resolve the following issues: 1 Sidewalks/trails in the neighborhood. 2. Parking – both adequate on-site current on-street parking. 3. Architectural issues. 4. Traffic Study. nd Pam Holzem, 114 2 St E, stated she felt it was a conflict of interest for a realtor that works for Midwest Realty to vote on any issue related to Lawrence Builders, since Midwest Realty was the primary realtor for Lawrence Builders. Chairman Greil asked for direction from Staff on the issue. Director Hinzman stated that if there is a conflict on interest, the Commissioner may participate in discussion of the issue, but should make the conflict of interest known prior to discussion and abstain from voting on the item. Chairman Greil informed Commissioner Twedt that he would prefer if he were to retract his motion. Commissioner Truax moved and Commissioner Hollenbeck seconded the motion to recommend approval of the Site Plan for the Lawrence Builders two 36-unit condo buildings on Whispering Drive at Crestview Lane, and directed Staff to work with the applicant to resolve the following issues: 1 Sidewalks/trails in the neighborhood. 2. Parking – both adequate on-site current on-street parking. 3. Architectural issues. 4. Traffic Study. 5. Trees – update Tree plan from City Forester. Chairman Greil asked for clarification on the conditions and whether the issue could go forward without any actions. Commissioner Truax stated that the above items must be stipulated and resolved prior to Council review. Commissioner Alongi stated that the City Council allows the Commission to do this job in order to provide them with informed advice, by gathering the research. He added that questions are being asked that the Commission cannot yet answer, and urged his fellow Commissioners to vote no. Upon vote taken: Ayes: 2, Nays: 3, Twedt abstain. Motion failed. Director Hinzman stated that since the motion didn’t pass, the item is tabled for lack of a successful motion. Chairman Greil stated that because there were no other motions, the item was tabled. Other Business 5. Director Hinzman updated the Commission on City Council actions. Adjournment With no further business, the meeting was adjourned at 9:31 pm. Respectfully submitted, _________________________________ Kris Jenson Recording Secretary