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HomeMy WebLinkAbout04/11/05Hastings Planning Commission April 11, 2005 Regular Meeting 7:00 pm Chairman Greil called the meeting to order at 7:02 pm. 1.Roll Call Commissioners Present: Greil, Hollenbeck, McInnis, Schmitt, Truax, Twedt, Zeyen. Commissioners Absent: None. Staff Present: Planning Director John Hinzman, Associate Planner Kris Jenson. 2.Approve March 28, 2005 Planning Commission Meeting Minutes Motion by Commissioner Truax, seconded by Commissioner Hollenbeck to approve the minutes of the March 28, 2005 Planning Commission as presented by Staff. Motion passed unanimously. PUBLIC HEARINGS 3.SACC Group (ConAgra) – Special Use Permit #2005-23 – Construction of a wall within a floodplain – ConAgra Mill – 2005 Vermillion St. Director Hinzman informed the Commission that the applicant wished this item to be tabled as additional review was being done on the project. Planning Commission Action: Commissioner Twedt moved and Commissioner Truax seconded the motion to table the Special Use Permit request #2225-23 Construction of a wall within a floodplain for SACC Group (ConAgra). Upon vote taken: Ayes: 7, Nays: 0. Motion passed. 4.K & M Broadcasting Inc (KDWA) – Minor Subdivision/Special Use Permit/Variance #2005-19 – Construction of a new AM Radio Tower – 1621 4 St E. th Director Hinzman presented background information on the item. Chairman Greil opened the public hearing at 7:08 pm. Vicki Majeski, 1614 4 St E, had several questions regarding effects on wildlife, th the potential for lightning strikes, and whether it would be lit. 2 Hearing no other comments, the public hearing was closed at 7:12 pm. Commissioner Truax asked if the property owner was ok with the easement as access to the property. He also asked whether additional antennae could be attached for cellular phone service. Dan Massman, applicant, stated that the tower is electrified and that other antennae cannot be placed on it. Commissioner Truax questioned whether the City Forester had visited the site to asses the trees in the area. Mr. Beissel, property owner, stated the there is a driveway access to the neighboring property along that same easement area and that it is used occasionally. Harvey Radke, realtor for the property, stated that trees in the area are mainly willows, and that with regards to animals, the area is fenced. Mr. Massman added that KFAN recently constructed a tower within the Minnesota Wildlife Refuge in Shakopee after an extensive study, where it was determined there would be no impact on wildlife in the area. Commissioner Truax asked that the City Forester visit the area and check for possible protected species in that area. Commissioner Twedt questioned FAA Regulations regarding lights versus strobes for the pole. Mr. Massman stated that all towers are required to have a red light at night. If the tower is painted red and white, a strobe is not required. Commissioner Schmitt asked about possible television interference. Mr. Massman stated that the AM frequency is different from that of television signals. FCC does require the tower’s owner to be responsible for any complaints within the first year of the tower’s operation. Jerry Hoeschen, 344 Barker Street, wondered why the tower wasn’t being located on high ground, since that’s where all the others seem to be located. He also suggested that perhaps the Industrial Park would be much better suited for this type of use. Commissioner Schmitt stepped out at 7:20 pm, returning at 7:22 pm. Mr. Massman stated that while FM frequencies search for high ground because the signal is transmitted via air, the AM frequency is ground signal that transmits best in low lying wet ground. There are no other AM or FM requncies available in the Twin Cities metro area. The current location is not idea due to being surrounded by residences. Planning Commission Action: 3 Commissioner Truax moved and Commissioner Hollenbeck seconded the motion to recommend approval of the Minor Subdivision to the City Council, subject to the following conditions: 1)An easement allowing ingress and egress to the tower site property must be recorded to provide vehicular access to 4 St. E. th 2)All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 3)The disturbed areas of the site shall be maintained to the requirements of the City’s property maintenance ordinance. 4)Approval of the Subdivision by the Department of Natural Resources. 5)Approval is subject to a one year sunset clause. Approval is null and void if significant work has not commenced within one year of City Council Approval. Upon vote taken: Ayes: 7, Nays: 0. Motion passed. Planning Commission Action: Commissioner Zeyen moved and Commissioner McInnis seconded the motion to recommend approval of the Variances to the Zonign and Interim Development Regulation related to height and line of site to the City Council based on the following: 1)KDWA would be unable to broadcast with a tower meeting the height limits of the Zoning Code and interim Development Regulations. 2)The proposed site is remote and within a floodplain, providing greater separation from abutting uses that the present antennae site in Hastings. The existing site is surrounded by residential homes within close proximity to the tower. 3)FCC regulations limit the scope for the relocation of a radio tower. The can be relocated no more than two miles from the existing site, preferably to the north and east. The existing site is at the two mile extension limit. 4)The proposed site is approximately 0.8 miles from the Mississippi River. The area between the site and the Mississippi River is heavily forested. Only the upper portions of the tower would be slightly visible. Upon vote taken: Ayes: 7, Nays: 0. Motion passed. Planning Commission Action: Commissioner Truax moved and Commissioner Twedt seconded the motion to recommend approval of the Special Use Permit to allow for construction of a 226 foot AM radio tower to the City Council, with the following conditions: 4 1)Adherence to City Code, Chapter 13 – Flood Plain Regulations. 2)Installation of barriers to prohibit entry to the site by unauthorized individuals, including a fence, barbed wire, and signage. 3)Approval of the permit by the Department of Natural Resources. 4)That the City Forester visits and evaluates the site per the City’s Tree Preservation Policy. 5)Approval is subject to a one year Sunset Clause. Approval is null and void if significant has not commenced within one year of City Council Approval. Upon vote taken: Ayes: 7, Nays: 0. Motion passed. 5.Mark Linnemann (Skip’s Sprinklers) – Type II Home Occupation License #2005-21 – 1261 Southview Dr. Planner Jenson presented background information on the project. Commissioner Twedt questioned the types of problems experienced with this business in the past. Director Hinzman reviewed the issues and summarized his inspection of the site in December, 2003. Mark Linnemann, applicant, stated that he now stores all equipment off site, in a commercial area just off of Vermillion Street. Commissioner Schmitt inquired as to the ramifications of a violation of the Home Occupation License. Planner Jenson stated that Staff would work with the applicant on issues, and depending upon the number or nature of the complaint, could chose to bring the issue back to the City Council prior to the 1 year renewal time. Director Hinzman added that the license is subject to revocation if the rules are not followed. Mr. Linnemann stated that he doesn’t feel that he needs a Type II License, as his only outside employee is his sister-in-law, who does some office work for him part-time. The business has been run from this location since 1976 and his office is wherever his lap-top is. Commissioner Schmitt questioned whether he had other contractors for the business that came to the house. Mr. Linnemann stated that he did have other employees, but that they met on the job site and did not visit his home. Planning Commission Action: 5 Commissioner Twedt moved and Commissioner Schmitt seconded the motion to recommend approval of the Type II Home Occupation License to Mark Linnemann of Skip’s Sprinklers at 1261 Southview Drive to the City Council, with the following conditions: 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, use of garage/shed in operation of the business, etc.) 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)Successful completion of a fire safety inspection by the Fire Marshall. 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. Upon vote taken: Ayes: 7, Nays: 0. Motion passed. 6.Greg Jablonske – Site Plan #2005-22 – South Oaks of Hastings 2 and 3 ndrd Additions – Townhomes bordering 31 Street/Olson Drive/South Oaks st Drive/Century Drive. Planner Jenson presented background information on the request. Commissioner Schmitt asked the applicant if they were open to the changes as proposed by Staff. Nick Jablonske, representative of the applicant, stated that they feel the best way to buffer the view is thru landscaping of the area. Mr. Jablonske presented some photos of larger pine trees at another development to show what they were thinking of doing in the area. Commissioner Truax questioned whether they could do some color variations on the rear of the buildings. Mr. Jablonske said that could be done. Commissioner Zeyen questioned whether berms could be added to help buffer the views along Olson Drive. Mr. Jablonske stated that there wasn’t sufficient room to create a berm large enough to buffer views, and that they would prefer to do landscaping. Commissioner McInnis stated that while the buildings met code, there was a strong repetition of pattern. He added that he would like to see some 6 architectural changes and addition of other materials such rough cedar siding, color changes, etc. John Klinger, 3390 Olson Drive, inquired as to the proposed price of the units. Mr. Jablonske stated the price would be approximately $200,000. Mr. Klinger stated that he was misled by a realtor that indicated there would be single family homes across Olson Drive from his home, and that the story has changed as time has gone by. Chairman Greil asked Staff what the timing of the approvals for this area. Planner Jenson recapped the City Council approval dates for Century South 5 th Addition (Olson Drive area) and South Oaks of Hastings 2 and 3 Additions. ndrd Director Hinzman added that the R-3 zoning was in place at the time as well. Mr. Klinger expressed concern that a single row of single family homes were placed in the middle of townhomes and proposed condominiums. Mr. Jablonske added that from what he knew, the east side of Olson Drive was intended for townhomes. Chairman Greil encouraged all new homeowners to contact City Staff with any questions regarding open spaces near their homes for future development plans. Commissioner McInnis moved and Commissioner Hollenbeck seconded the motion to recommend approval of the site plan for townhomes at South Oaks of Hastings 2 and 3 Additions to the City Council, with the following ndrd conditions: 1)All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 2)An escrow account must be established for all uncompleted site items (including landscaping) prior to certificate of occupancy. 3)All landscaped areas must be irrigated. 4)Incorporation of differing materials, colors or textures and\or increased landscaping to distinguish the buildings. The plan for exterior building elevations is on file with the Staff Report dated April 18, 2005. 5)That a plan for landscaping along the east side of Olson Street be submitted to City Staff. 6)Final Plat for SOUTH OAKS OF HASTINGS 3 ADDITION and all RD related Homeowner’s Association documents must be recorded prior to release of building permits for lots within that plat. 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. 7 Upon vote taken: Ayes: 7, Nays: 0. Motion passed. 7.Other Business Director Hinzman updated the Commission on recent Council actions and upcoming Commission items. 8.Adjourn Meeting adjourned at 8:14 pm Respectfully submitted, _________________________________ Kristine Jenson Recording Secretary