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Home My WebLink About09/26/05 Hastings Planning Commission September 26, 2005 Regular Meeting 7:00 pm Chairman Grell called the meeting to order at 7:01 pm. 1. Roll Call Commissioners Present: Grell, Schmitt, Hollenbeck, Truax, Twedt, Zeyen. Commissioners Absent: McInnis. Staff Present: Planning Director John Hinzman, Associate Planner Kris Jenson, Planning Intern Cecily Schrader. 2. Approve August 22, 2005 Planning Commission Meeting Minutes Motion by Commissioner Truax, seconded by Commissioner Hollenbeck to approve the minutes of the August 22, 2005 Planning Commission meeting as presented by Staff. Motion passed unanimously. PUBLIC HEARINGS 3. City of Hastings - Preliminary / Final Plat #2005-10 - Hastings Industrial Park No.7. Director Hinzman presented background information about the request. He clarified that the land to be platted is in Phase II of the industrial park. He added that the Economic Development Commission had reviewed the proposed plat earlier this year. Chairman Grell opened the public hearing at 7:06pm. Hearing no comments, the public hearing was closed at 7:07pm. Commissioner Twedt asked about the proposed lot sizes. He inquired whether the lots could be re-platted if a potential buyer only needed part of a lot. Director Hinzman replied that the lots could be subdivided in the future. Commissioner Twedt questioned why the City wanted to establish a large lot containing 12.5 acres if smaller lots are more desirable for developers. Director Hinzman replied that the City will likely split the larger lots in the future, but the City wants to set up the area now and consider future requests as they arise. Minutes - Hastings Planning Commission September 26, 2005 - Page 2 of 5 Planning Commission Action: Commissioner Truax moved and Commissioner Hollenbeck seconded the motion to recommend approval of Preliminary / Final Plat #2005-10 - Hastings Industrial Park #7 with the following conditions: 1) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 2) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 3) 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. 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) 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: 6, Nays: o. Motion passed. 4. City of Hastings - Ordinance Amendment #2005-44 - Sign Code. Planner Jenson updated the Commissioners about the status of the proposed sign code amendments. She stated that the Planning Department had received feedback from the Chamber of Commerce and asked for the Commissioners' response to the Chamber's comments. Chairman Greil opened the public hearing at 7:13pm. Hearing no comments, the public hearing was closed at 7:14pm. Commissioner Schmitt stated that he believed a 120 day limit for temporary signs is excessively long. He suggested limiting temporary signs to one week per month, which would be 84 days per year. Commissioner Truax stated that transient merchants must apply for a permit from the City to operate and suggested that the signage requirements for these merchants be included in the permitting process. Planner Jenson replied that the Planning Department could work with the City Clerk, but that it would also be appropriate to add language to the sign code regarding transient merchants. Chairman Grell asked whether the transient vendors were already limited in the amount of time that they could operate. Planner Jenson replied that she believed that time limits were in place, but she was not sure of the exact language. Minutes - Hastings Planning Commission September 26, 2005 - Page 3 of 5 Chairman Grell asked if the proposed language for temporary signs would apply to transient vendors even if it wasn't stated explicitly in the ordinance. Commissioner Schmitt asked how the time limit for temporary signage would be enforced without establishing a permitting system. Commissioner Truax added that he was concerned that the City might be creating something that is not enforceable. Planner Jenson replied that the ordinance would establish an official time frame and that the Planning Department would monitor compliance. Commissioner Schmitt clarified that the ordinance would provide the Planning Department with the capability to tell violators that their temporary signs cannot exceed a particular period of time. Chairman Grell stated that transient vendor signs are temporary by nature, and therefore the provision for temporary signs in the sign code should apply to them. Director Hinzman replied that the issue is in knowing that the code exists and working with the City Clerk to ensure that transient vendors are aware of the sign code provisions when they apply for a permit to operate in the City. Chairman Grell asked if Commissioner Schmitt's proposal for time limits on temporary signs was appropriate. He then suggested establishing a limit of 90 days per year for temporary signs because it is more straightforward than one week per month. The Commissioners agreed that this would be an appropriate time frame. Planning Commission Action: Commissioner Twedt moved and Commissioner Truax seconded the motion to recommend approval of the revised Sign Ordinance with the following revisions to Subd.3K: 1) "Businesses and/or property owners utilizing these temporary devices that include advertising and/or a message shall be allowed 90 days per " year... 2) Language should be added for transient merchants. Upon vote taken, Ayes: 6, Nays: O. Motion passed. OTHER ACTIONS 5. Egan, Field & Nowak - Final Plat #2005-60 - Three Rivers Place Planning Intern Schrader presented background information about the request. None of the Commissioners had any comments or questions about the proposed final plat. Minutes - Hastings Planning Commission September 26, 2005 - Page 4 of 5 Planning Commission Action: Commissioner Schmitt moved and Commissioner Twedt seconded the motion to recommend approval of the Final Plat of Three Rivers Place with the following conditions: 1) Adherence to the approved Preliminary Plat and conditions of approval 2) 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. 3) Execution of a development agreement to memorialize the conditions of the plat and to establish any applicable escrow amounts to guarantee the completion of platting activities. 4) Any uncompleted site work (including landscaping) must be escrowed at 125 percent of the estimated value prior to issuance of a certificate of occupancy. 5) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to release of the Final Plat mylars for recording. 6) 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. 7) 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 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. Minutes - Hastings Planning Commission September 26, 2005 - Page 5 of 5 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. 8) Cash in lieu of land shall be paid to satisfy park dedication requirements in the amount of $44,000 (40 units at $1,100 per unit). Park dedication must be paid prior to recording of the Final Plat. 9) Sewer interceptor fees in the amount of $14,600 (40 units at $365 per unit) shall be paid prior to recording of the Final Plat. 10) Mr. Abdo and the HRA must finalize the sale of Lot 1, Block 2 and the east one foot of Lot 2, Block 2 before the City releases the Final Plat for recording. Upon vote taken, Ayes: 6, Nays: O. Motion passed. 6. Other Business Director Hinzman updated the Commission on recent Council actions and upcoming Commission items. 7. Adjourn Commissioner Truax moved and Chairman Grell seconded the motion to adjourn. Meeting was adjourned at 7:32 pm. :~p~ Recording Secretary