HomeMy WebLinkAbout08/23/04
Hastings Planning Commission
August 23, 2004
Regular Meeting
7:00 pm
Chairperson Greil called the meeting to order at 7:00 pm.
1.Roll Call
Commissioners Present: Alongi, Greil, Hollenbeck, Twedt, Truax, Schmitt,
McInnis
Staff Present: Planning Director John Hinzman, Associate Planner
Kris Jenson, Planning Intern Courtney Wiekert
2.Approve August 9, 2004 Planning Commission Meeting
Motion by Commissioner Schmitt, seconded by Twedt to approve the minutes
of the August 9, 2004 Planning Commission as presented by staff. Motion
passed unanimously.
PUBLIC HEARINGS
3.Ryan Contracting Co. – Preliminary & Final Plat #2004-44 – Glendale
Heights 3 Addition.
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Planner Jenson presented a brief summary on the Preliminary & Final Plat of the
Glendale Heights 3 Addition. She stated the site plan is not in review due to the
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moratorium in place within the city. A revised list of conditions was handed out
this evening to the Commissioners. This list of conditions will replace the list in
the staff report.
Chairman Greil opened the public hearing at 7:07 pm. Hearing no comments the
public hearing was closed at 7:08 pm.
Commissioner Truax was concern on the length of the cul-de-sac being 1100
square feet. He asked if the Fire Marshall has reviewed these plans and he felt
there was a safety issue with the length of the cul-de-sac. He asked if there was
an alternative to the cul-de-sac road.
Commissioner Twedt asked if they could put a trail on the along Lot 1, Block 1.
Director Hinzman stated the area was very limited since there are very steep
slopes and a lot of trees.
Tom Ryan with Ryan Construction Company stated the cul-de-sac is wide
enough for fire trucks to maneuver. He stated the cul-de-sac is similar to the
other cul-de-sac built in Glendale.
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Director Hinzman stated the development is in a PRD and the site is unique due
to the topography. There is constraint on the development of the site and
limitations to develop the area.
Commissioner Alongi asked the reason for reviewing it for a variance. He was
concerned with the topography and felt the developers may be over developing
on the site.
Director Hinzman stated that this is the third occasion that Glendale Heights has
been brought to Planning Commission and Council.
Chairman Greil stated that he felt there was not a lot homes being developed on
this size of plat. He asked if the cul-de-sac is a policy or an issue.
Director Hinzman stated the City has an ordinance on cul-de-sacs. There are
regulations on the length of cul-de-sacs, but with the limitations on the site the
variance is being requested.
Commissioner McInnis was concerned with the new conditions regarding the
association being responsible for the ravine slopes and also about the off site
drainage.
Director Hinzman stated the stability of the site was in the 2 Addition plans.
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The grading was also approved prior to the construction of the site.
Mr. Ryan stated that they have worked with staff and the Metropolitan Council
on the development of this site to identify the limitations with the construction of
the site. He stated the farmers below the site have been satisfied with the grading
of the slope and the erosion has improved and is under control.
Commissioner McInnis was concern with the forth condition that was placed on
the new list. He asked the applicant how they would ensure the grading would
not cause any problems in the future for home owners.
Mr. Ryan stated that the city is very consistent with reviewing the grading plans
before certificate of occupancy is established. The grading is reviewed several
times during the construction phases of the development.
Commissioner Truax asked the difference between the new conditions just
handed out and the conditions that were listed in the report.
Planner Jenson stated the conditions that are no longer in the new report have
been satisfied and completed from the previous reviews.
Planning Commission Action:
Commissioner Twedt moved and Commissioner Hollenbeck seconded the
motion to recommend approval the Preliminary and Final Plat of Glendale
Heights 3 Addition, to the City Council, with the following conditions.
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1)Development of the platted outlots shall be prohibited until replatted
as lots of record.
2)All buildings consisting of three or more units will be subject to Site
Plan by the Planning Commission and City Council prior to
construction
3)All disturbed areas on this property shall be stabilized with rooting
vegetative cover to eliminate erosion problems.
4)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.
5)All structures shall be provided with roof gutters to direct flow into
interior stormwater storage basins.
6)The association shall be fully responsible for maintenance of ravine
slopes. A clause must be included in the association documents to
memorialize association responsibility.
7)Severe grades and slopes must be reforested with naturally occurring
trees and shrubs to recreate the existing habitat and environment and
stabilize the slopes.
8)All off site drainage must be controlled to detain as much run-off as
possible on site. In instances where runoff cannot be contained onsite
special measures such as filter dames, rock check dames and French
drains shall be used.
9)The disturbed areas of the site shall be maintained to the requirements
of the City’s property maintenance ordinance.
10)Further exactions may be required as a condition of replatting outlots.
11)All private roads constructed to city specifications.
12)Prior to City signature of the Final Plat mylars, the revised landscape
plan shall be approved by the City Forester.
13)Replacement of removed trees shall be required at the amount
specified in the Tree Preservation Guidelines at the discretion of the
City Forester.
14)A fifty foot building setback buffer must be maintained along the
western boundary of the plat adjacent to the Hastings Industrial Park.
15)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 to ensure maintenance of
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open space, 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.
16)Submission of an electronic copy of all plan sets (TIF, PDF, or similar
format) prior to recording of the Final Plat mylars.
17)Preliminary Plat 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.
18)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.
19)Payment of cash in lieu of land for park dedication in the amount of
$222,200 ($1,100 x 169 multi-family units = $185,900 + $1,650 x 22
twinhome units = $36,300) prior to release of final plat mylars.
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20)Payment of sewer interceptor fees in the amount of $63,985 ($335 x 191
units) prior to release of final plat mylars.
21)Any uncompleted site work (including landscaping) must be escrowed
for prior to issuance of a certificate of occupancy.
22)The Final Plat shall be recorded with Dakota County within 90 days of
approval by the City Council, or the approval is null and void.
Upon vote taken: Ayes: 5, Nays: 1, Abstain: 1. Truax dissenting and McInnis
Abstaining. Motion passed.
OTHER ACTIONS
4.Kenneth Warner Jr. – Variance #2004-47 – Front Yard Setback – 532 7
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Street W.
Intern Wiekert summarized the variance requests for his front setback and on his
existing home in order to construct an addition to the rear of the house. She
identified the oak tree located on the neighbor’s property and the concern during
the construction with it being the only visible access to the rear property.
Commissioner Truax clarified that the concern on the oak tree is the compaction
issue and not the cutting of the roots. He stated that he visited the site and
noticed a large structure in the ground. He asked if that was an old cistern and
wanted Mr. Warner to clarify if he was planning on removing it. He stated that it
should be added as a condition.
Mr. Warner stated that he discovered the structure while removing some
landscape in his yard. He believes it is a cistern and would like it to be removed
in order to construct the addition.
Planning Commission Action
Commissioner Truax moved and Commissioner McInnis seconded the motion
to recommend approval, to the City Council, on the variance for the front yard
setback and to enlarge their non-conforming structure on the basis of:
A. That special conditions and circumstances exist which are peculiar to the
land, structure, or building involved and which are not applicable to other
lands, structures, or buildings in the same district.
B. The literal interpretation of the City Code would deprive the applicants of
rights commonly enjoyed by other properties in the same district under
the terms of Chapter 10.
C. That the special conditions and circumstances do not result from actions
of the applicant.
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With the following conditions:
1)Provide an alternate route to the rear property or a tree preservation plan
in order to protect the neighbor’s tree prior to construction.
2)A building permit is required prior to construction of the addition.
3)The new addition shall comply with the current setbacks of the zoning
ordinance.
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)Confirm the structure in the rear property is a cistern and permissible to
be removed without damaging neighboring properties or area.
Upon vote taken: Ayes: 7, Nays: 0. Motion passed.
5.Other Business
Director Hinzman updated the Commission on Council action from the August
16, 2004 meeting. He stated the Council passed all the items from the Planning
Commission and adopted the Home Occupation Ordinance.
6.Adjourn
Meeting adjourned at 7:46 pm
Respectfully submitted,
_________________________________
Courtney Wiekert
Recording Secretary