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HomeMy WebLinkAbout05/09/05 r y.f;,ofti1!Jof tPlcmni1!J T;ommiof.n01l May 9, 2005 Regular Meeting 7:00 pm Chairman Greil called the meeting to order at 7:00 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, HRA Director John Grossman. r 2. Approve April 25, 2005 Planning Commission Meeting Minutes Motion by Commissioner Twedt, seconded by Commissioner Schmitt to approve the minutes of the April 25, 2005 Planning Commission as presented by Staff. Motion passed unanimously. r PUBLIC HEARINGS 3. Hastings HRAjSherman Associates - Preliminary Plat/Final Plat/SUP/Site Plan #2005-28 - Riverfront Addition - Construction of a 4 story, 28 unit residential condominium building - Block 1 Downtown. Director Hinzman presented background information on the project. Chairman Greil opened the public hearing at 7:13 pm. No one presented themselves to speak, sot he public hearing was closed at 7:14 pm. Commissioner Truax suggested tabling the Shoreland SUP until further information was gathered from the DNR. Director Hinzman stated that the letter that prompted this issue was received at 2pm this afternoon and that since then he had not been able to reach the letter's writer. He outlined other options for water treatment in that area, including underground holding chambers. Commissioner Twedt asked if Staff was suggesting that they work with the DNR to resolve these issues. Director Hinzman said yes. Commissioner Schmitt expressed concern that Lot 1 almost seemed to be 2 r r- unbuildable, especially due to potential size limitations. He wondered if this was something that the Commission should be concerned about. Commissioner Twedt asked if much of the difficulty was in how the DNR would define a bluff. Director Hinzman agreed with this statement in that the Interim Development Regulations do not include definitions. The DNR person who wrote the letter was not available this afternoon to discuss the issue with, but this issue shouldn't have an affect on the location of the proposed restaurant within Lot 1. Commissioner Twedt agreed and expressed confusion as to the location of a bluff in that area. Director Hinzman speculated that it is a hill area near the railroad tracks. Commissioner Truax clarified that there is a 40' setback to bluffs in the MNRRA area. Director Hinzman stated that was correct and the proposed location of the building in Lot 1 is 40' away from the bluff. Commissioner Truax asked if the proposed esplanade would be 40' away as well. Director Hinzman stated that that will need to be addressed in working with the site. Commissioner Truax reiterated his feeling that the items should be tabled until the City received further direction from the DNR regarding the bluff issue. Chairman Greil inquired as to the DNR's authority in this matter. Director Hinzman stated that the City has final authority on the item, DNR can comment on the request, and the City must provide reasons for our decisions. The DNR has 30 days after the City's final decision to comment on the decision and whether to take further action on the matter. The DNR can take the City to court if they disagree with our decision and want to contest the matter. Chairman Greil added that the letter from the DNR pretty much said that the proposal didn't meet the requirements. Director Hinzman stated that it is a comment letter, and that the DNR has not requested formal action. Commissioner Truax added that they do mention the Floodplain Ordinance and the Wetland Management Agreement, both of which have more teeth. Director Hinzman added that the site is out of the floodplain and according to the National Wetland Inventory there are no wetlands in the area. Chairman Greil asked Director Hinzman for his opinion of the impact. Director Hinzman stated that Phase 3 has the most questions - the restaurant and the rain garden. r 3 r r Commissioner McInnis stated that he was looking for more guarantees on construction of future phases. Will Phase 3 (restaurant) go forward if Phase 1 is approved? The Heart of Hastings Plan calls for a destination and Phase 3 may not happen. Condos are not a draw to outsiders, and he added that he feels there are too many condos being built in the area, which do not bring people downtown. Commissioner Hollenbeck stated that she feels the new condos will bring people downtown because the residents of those condos will patronize the businesses that are 10 steps away rather than 10 minutes away. If the Red Rock Corridor transit line were to happen, those residents can hop the train to work. Commissioner McInnis added that the Mayor commented at a recent City Council meeting that the river condo units in Prescott had only sold 9 units of 40 and only 1 of those is occupied full time. He reiterated that he wants more of a guarantee that the units will sell. Commissioner Twedt interjected that the Planning Commission's role is not to ask for guarantees that housing units will sell. Phase 2 will not happen without Phase 1. Commissioner Twedt again added that he trusts City Staff to work with the DNR to resolve any outstanding issues. The letter from the DNR indicated that a variance and/ or a Special Use Permit may be needed, not that the City was prohibited from going forward. There are other options for water treatment in the area before being discharged to the Mississippi River. Commissioner Zeyen suggested to the developers that in the southeast comer of the condo building on the first floor that a portion of the parking area be reserved for commercial space in case Phase 2 were not to go forward. The spaces could be made up on the lower parking level by removing the storage areas for the units. Elizabeth Flannery, representative for Sherman & Associates, stated that they had not considered retail in that area due to it's location. HRA Director Grossman stated that this space would face a private area, not a public street, and that it most likely would be difficult to lease. Retail is proposed for along 2nd St E because of it's adjacency to a public street and sidewalk. Commissioner Zeyen added that he would prefer to see the space used as an opportunity for income rather than dollars spent to make it into parking. The space could also be used as a community center for the residents of the building. Commissioner Truax added that he felt strongly that the Commission was getting ahead of itself in taking action on these items when there were questions about the development with relation to the IDR. Planning Commission Action: r 4 r r Commissioner Twedt moved and Commissioner Hollenbeck seconded the motion to recommend approval of the preliminary and final plat of RIVERFRONT ADDITION to the City Council with the following conditions: 1. 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 for recording to ensure maintenance of open space, median plantings, cul-de-sac plantings, 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 is subject to the terms of the declaration. 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. Membership in the association shall be mandatory for each owner and any successive buyer. (b) (c) r (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. 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. Final approval of the development grading and utility plans by the City of Hastings. The applicant shall be liable for any costs involved in consultant review of the plans. 5 r (' 5. 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 prior to issuance of any building permits. 6. Any uncompleted site work (induding landscaping) must be escrowed for at 125 percent of estimated valuation prior to issuance of a certificate of occupancy. 7. The Final Plat must be submitted for recording with Dakota County within 90 days of City Council approval, or the approval is null and void. 8. The homeowner association shall be responsible for the maintenance of the off-site stormwater basin. 9. Development of Lots 1 and 3 will require future Site Plan approval prior to construction. Preliminary and Final Plat approval is for subdivision of the lots only. 10. Additional drainage and utility easements may be needed over private utilities at the discretion of the Public Works Director. 11. A Tree Preservation\Replacement Plan is needed identifying the sizes and species of all significant trees per the Tree Preservation Policy for replacement. 12. Cash in lieu of land shall be paid to satisfy park dedication requirements in the amount of $57,955 (50 units x $1,100 per unit + 1.97 acres x $1,500). Park dedication must be paid prior to recording of the Final Plat. 13. Sewer interceptor fees in the amount of $22,564.30 (50 units x $365 per unit + 1.97 acres x $2,190) shall be paid prior to recording of the Final Plat. 14. Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. Upon vote taken: Ayes: 5, Nays: 2, McInnis and Truax dissent Motion passed. r Planning Commission Action: Commissioner Hollenbeck moved and Commissioner Zeyen seconded the motion to recommend approval of the special use permit to allow residential use of the first floor of Lot 2, Block 1, RIVERFRONT ADDITION, with the following conditions: 1) The proposed building faces 1 sl Street. Residential use of the first floor is allowed by a Special Use Permit. 2) The lack of existing commercial and limited visibility are hindrances to commercial development of the first floor adjacent to the river. Retail and commercial business do not presently exist north of the alley on the 6 (' adjacent properties. The proposed building is presently adjacent to parking lots and vacant property on the west and east sides, respectively. 3) 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: 5, Nays: 2, McInnis and Truax dissent. Motion passed. r Planning Commission Action: Commissioner Twedt moved and Commissioner Schmitt seconded the motion to recommend approval of the Shoreland special use permit to allow impervious surface coverage exceeding 75 percent in the DC - Downtown Core zoning district for RIVERFRONT ADDITION, with the following conditions: 1) The City's consultant engineer has reviewed the project for conformance to the Stormwater Management Ordinance and Hastings Watershed Management Plan as a part of the Grading, Drainage, and Erosion Control plan review. .The applicant must resolve outstanding conditions of the review as a condition of approval. 2) Maintaining site density is critical to preserving a viable downtown. The proposed building is zoned DC - Downtown Core, and located within downtown Hastings. 3) Stormwater Treatment will be enhanced. Site development will include a "Rain Garden" stormwater treatment system. An infiltration pond and natural plantings will be constructed at the north end of the site to treat stormwater before discharging to the Mississippi River. The current site does not provide any pre-treatment prior to discharge. 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 Upon vote taken: Ayes: 5, Nays: 2, McInnis and Truax dissent. Motion passed. .r'.,'. (' Planning Commission Action: Commissioner Hollenbeck moved and Commissioner Twedt seconded the motion to recommend approval of the site approval to construct a 28 unit, four story residential building on Lot 2, Block 1, RIVERFRONT ADDITION, with the following conditions: 1) Approval of the Preliminary and Final Plat of Riverfront Addition. 7 r 2) Approval of the Special Use Permit to allow residential use of the first floor in the DC - Downtown Core Zoning District. 3) Approval of the Special Use Permit to allow for impervious surface coverage exceeding 75 percent per Chapter 16, Shoreland Management Ordinance. (' 4) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 5) 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. 6) All waste refuse facilities shall be contained in a fully enclosed building. Dumpsters outside of buildings shall be prohibited. 7) All parking areas must be constructed of bituminous surfacing and concrete curb and gutter. 8) illumination levels are limited to 0.5 foot candles at the property line as, ' required in the Zoning Code. 9) All lighting shall be downcast and incorporate cut-off shielding to direct light onto parking areas, and away from adjacent properties 10) A drive aisle access must be constructed parallel to the CP railroad tracks to provide access between 2nd Street and Lot 2 as part of Phase I. 11) All drive aisle widths must be increased to 24 feet in width. 12) Additional surface parking must be added in Phase I to accommodate guest parking. 13) Plans for the Esplanade need to be further developed. Design specifications including esplanade location, elevation, and width must be established prior to Site Plan approval. 14) Construction of the bicycle trail at the eastern edge of the property must occur in Phase I. The path will provide a trail link between the river front and Bailey Street. The trail would be further extended south upon Bailey Street reconstruction to further link with the trail system. 15) Blasting will not be allowed for rock excavation, the specific rock removal method must be identified. 16) Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. 17) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. (' 8 r 18) 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. 19) Staff shall continue to work with the Minnesota DNR to mitigate Mississippi Critical Area concerns. 20) Examine the potential use of retail on certain portions of the building by eliminating storage units and reconfiguring parking spaces. Upon vote taken: Ayes: 5, Nays: 2, McInnis and Truax dissent. Motion passed. I"'"'"' 4. Glenn Olson - Minor Subdivision/Variance #2005-29 - Subdivision of a lot to construct a twin home - 1003-1005 Sibley Street. Planner Jenson presented background information on the item. Chairman Greil opened the public hearing at 7:55 pm. Hearing no comments,. the public hearing was closed at 7:56 pm. Commissioner Twedt stated that it appeared there was only 1 oak tree. on the site, along with a couple of other mature trees. Mr. Olson stated that in working with his surveyor for the site, the surveyor suggested requesting the variance in order to preserve the mature trees. He added that he will also be working with the City Forester to ensure proper protection of the trees during construction. Commissioner Truax commended Mr. Olson for taking the extra steps to preserve the trees. Planning Commission Action: Commissioner Schmitt moved and Commissioner Truax seconded the motion to recommend approval of the minor subdivision and variance for 1003/1005 Sibley Street to the City Council, based on the following conditions and findings of fact: Conditions: 1) Construction of the building must conform to the minor subdivision as approved. 2) A front yard tree must be planted on each lot prior to issuance of certificate of occupancy. Findings of Fact A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not r 9 r applicable to other lands, structures, or buildings in the same district. C. That the special conditions and circumstances do not result from actions of the applicant. Upon vote taken: Ayes: 7, Nays: o. Motion passed. r' 5. Marcus Zeien - Special Use Permit #2005-30 - Operation of a motor Vehicle Repair Facility in a C-3 District - 2127 Vermillion St. Planner Jenson presented background information on the project. Chairman Greil opened the public hearing at 8:05 pm. Hearing no comments, the public hearing was closed at 8:06 pm. Commissioner Truax questioned whether the signage on the site could be updated. Planner Jenson stated that the existing signage on site was for the CaT wash and the detailing business. Mr. Zeien's business would be limited to signage on the building. Commissioner Truax questioned the storage of equipment on the exterior of the building. He asked Staff if Mr. Zeien was the owner or a tenant on this property. Planner Jenson responded that Mr. Zeien was a tenant. Commissioner Truax asked the Commission to disregard his comments about the equipment. Planning Commission Action: Commissioner Zeyen moved and Commissioner McInnis seconded the motion to recommend approval of the Special Use Permit for Marcus Zeien at 2127 Vermillion Street to operate an auto repair facility within the C-3 District to the City Council with the following conditions: 1) Parking stalls must be delineated and striped to meet minimum requirements. Based on a 2200 square foot building, 11 spaces are required. A plan for the location of the spaces must be submitted and approved by the Planning Director prior to opening for business. 2) A trash and recycling enclosure must be constructed if trash will not be handled within the building. The enclosure must be enclosed on all four sides, and be constructed with materials to match the primary building 3) That a hazardous waste generators license be obtained from Dakota County . 4) That the City of Hastings Building Department be contacted for a safety inspection on site. r 10 r 5) Parking may not occur within the grassy fenced area at the rear of the property. Parking is only permitted on hard surfaced areas. 6) Vehicles not in operable condition may not be stored outside. 7) Approval is subject to an annual review of conformance to the provisions of the special use permit. 8) 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: O. Motion passed. r- 6. Centex Homes - Final Plat #2005-27 - Prairie Ridge - NW of 13th & Tierney. Director Hinzman presented background information on the request. Commissioner Twedt asked for clarification on the extension oLthe South Frontage Road and whether it was at the edge of the MUSA. Director Hinzman stated that was correct, and that the future street to the west is still outside the City Limits. Commission Truax stated that the existing intersection of South Frontage Road and General Sieben Drive is terrible in that General Sieben Drive is transitioning between 4 lanes and two coupled with the high speeds in the area. He added that it is irresponsible for the City to add additional traffic onto this intersection. This is the same problem that was recently corrected at Michael Avenue. Chairman Greil reminded the Commissioners that the issue before them was the Final Plat. Commissioner Twedt questioned whether there was a way to direct traffic to South Frontage Road versus other local roads in the area. Matt Anfang, representative of Centex Homes, stated that the design of the subdivision was done so as to discourage traffic on the other local streets. The private drive intersection with Tierney Drive was offset so as to not make 13th Street a direct path to general Sieben Drive. Director Hinzman added that there is also the access road with direct access to eastbound Highway 55. Commissioner Schmitt questioned whether there was a way to avoid small outlots on the site. He suggested combining Outlots C & D with adjoining properties so as to minimize the possibility that the homeowners association could default on the property and have it revert back to the City. Mr. Anfang stated that was not a desirable situation as then the maintenance of those common areas falls to the property owners on those lots. r- r 11 Director Hinzman stated that he shared Commissioner Schmitt's concerns but feels that the Association documents for this development are strong and the common areas will be properly maintained. Commissioner Hollenbeck moved and Commissioner Schmitt seconded the motion to recommend approval of the final plat for PRAIRIE RIDGE to the City Council, with the following conditions: 1. 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 for recording to ensure maintenance of open space, median plantings, cul-de-sac plantings, 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 forma.tion 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. All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. That the developer shall have separate water meter and water line installed for all irrigation systems. r' 2. 3. :- 4. r- r- r- 12 5. Developer shall plant "boulevard" trees of at least 2.0 caliper inches according to the submitted tree plan. An escrow is required for any unplanted trees before a certificate of occupancy is issued. Final approval of the development grading and utility plans by the City of Hastings. The applicant shall be liable for any costs involved in consultant review of the plans. 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 prior to issuance of any building permits. Any uncompleted site work (including landscaping) must be escrowed for at 125 percent of estimated valuation prior to issuance of a certificate of occupancy. The Final Plat must be submitted for recording with Dakota County within 90 days of City Council approval, or the approval is null and void. A covenant shall be recorded against all land contained within the future north\south collector road located just west of the subject property. The covenant shall give notice of the obligation to construct the collector roadway to City Standards at the full 'cost of the owner prior to any subdivision approval. 11. The homeowner association shall be responsible for the maintenance of the off-site stormwater basin. 6. 7. 8. 9. 10. 12. The applicant shall obtain any approvals necessary by Nininger Township in order to construct the off-site stormwater basin. 13. Cash in lieu of land shall be paid to satisfy park dedication requirements in the amount of $125,400 (114 units x $1,100 per unit). Park dedication must be paid prior to recording of the Final Plat. 14. Sewer interceptor fees in the amount of $41,610 (114 units x $365 per unit) shall be paid prior to recording of the Final Plat. 15. Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. Upon vote taken: Ayes: 7, Nays: O. Motion passed. 7. Allen Trapp Variance #2005-33 Variance to Sideyard Setback/Intensification of a Non-Conforming Structure - 900 Pine Street. Director Hinzman presented background information on the request. Commissioner Twedt asked whether that section of 9th Street was maintained by the City. Mr. Trapp stated that it was. 13 r- Commissioner Twedt moved and Commissioner McInnis seconded the motion to recommend approval of the variance for 900 Pine Street to the City Council, with the following findings of fact: 1) The existing home was constructed in 1900 before the establishment of zoning setbacks and building permit approval. 2) The proposed addition to the home meets existing zoning setback requirements and does not encroach any further into the deficient setback. 3) The City does not wish to vacate all or a portion of 9th Street citing potential future need for access. Upon vote taken: Ayes: 7/ Nays: O. Motion passed. 8. Other Business Director Hinzman updated the Commission on recent Council actions and upcoming Commission items. ( 9. Adjourn The meeting was adjourned at 8:30 pm. Respectfully submitted, Kristine Jenson Recording Secretary ~ /