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HomeMy WebLinkAboutPCMinutes-20060109 Tfasti'!J~ :Ji.rannin~ l;(')mmi~d(')n January 9, 2006 Regular Meeting 7:00 pm Planner Jenson called the meeting to order at 7:00 pm. 1. Roll Call Commissioners Present: Hiedeman, McInnis, Peine, Schmitt, Truax, Twedt, Zeyen. Commissioners Absent: None. Staff Present: Associate Planner Kris Jenson, Administrative Assistant Samantha Schmidtke 2. Election of Officers Planner Jenson opened the floor for nominations for Chairman. Commissioner Truax nominated Commissioner Twedt and Commission Schmitt seconded the nomination. There were no other nominations. Upon voice vote, it was unammous. Planner Jenson opened the floor for nominations for Vice Chair. Chairman Twedt nominated Commissioner Truax and Commissioner Schmitt seconded the nomination. There were no other nominations. Upon voice vote, it was unammous. 3. Approve December 12, 2005 Planning Commission Meeting Minutes Motion by Commissioner Truax, second by Commissioner Schmitt to approve the minutes of the December 12, 2005 Planning Commission meeting as presented by Staff. Motion passed unanimously. PUBLIC HEARINGS 4. Siewert, Todd - Rezoning, Preliminary Plat, & Site Plan #2006-01 - Fountain Meadows (KDW A Tower Site). Planner Jenson presented background information on the request. Chairman Twedt opened the Public Hearing at 7:08 pm. Minutes - Hastings Planning Commission January 9, 2006 - Page 2 of 8 Todd Siewert, developer, expressed concern for the resale value of the home at 450 31st Street E should a private road be placed adjacent to the lot to serve the proposed development. Pointed out that the Glendale Heights subdivision has a much high number of homes served by a single access point. Les Olson, 460 31st St E stated that he has spoken with the developer about the project. Questioned who would maintain the pond and would that maintenance include mosquito control for the area. He also expressed concern with the location of the pond due to grandchildren often playing in his backyard. As for the requested 2nd access to 31st Street, he wondered why they couldn't connect to Cory Lane. Planner Jenson stated that while Cory Lane is a public street, the drives around the units adjacent to Cory Lane are private. The owners of the Cory Lane units would not be receptive to their private streets that they pay to maintain being opened to other traffic that is not supporting the maintenance. Commissioner Schmitt stated that it would be like asking Mr. Olson to allow his private driveway as an access to this proposed development. Mr. Olson added that he feels that Mr. Siewert will do a good job with the appearance of the units. Leo Carton, 3288 Cory Lane, expressed concern regarding the privacy of his unit, as there are several trees along the property line common with the proposal. He requested that the developer work to keep the trees in that area. He also asked about the depth of the ponds and whether or not they would be fenced. Mr. Siewert stated that he also wants to maintain the privacy of the units he's constructing, and will be saving trees where possible. Cindy Lyon, 3485 Red Wing Blvd, stated that she agrees with the idea of the 2nd access, as the intersection of Tiffany Drive and Hwy 316 where her home is is very busy and she feels that the addition of 48 units and upwards of 100 cars to the existing neighborhood traffic will congest that intersection even more. Ron and Lori Best, 3525 Red Wing Blvd, stated that with the one access point, vehicles will back up. Tiffany Drive in that area is short, and Hwy 316 is very busy, especially in the mornings. Stated that there is a bit of foot traffic in the area for people heading to the Cory Lane park. Chairman Twedt closed the hearing at 7:32 pm. Commissioner Schmitt asked whether the addition of the pond parcel on the north side of the development permitted the development of 48 units. Planner Jenson stated that it did. Commissioner Schmitt stated that since the developer owned that property and was thus getting the full 48 units, he did not feel that the request of a 2nd access was exceSSIve. Minutes - Hastings Planning Commission January 9,2006 - Page 3 of 8 Commissioner Truax questioned why the stormwater basin was being rezoned. Planner Jenson stated that it currently does not exist, and being that it will serve this proposed development, Staff feels it is better to have the pond area be zoned R-3 as well. Commissioner Truax complimented the developer on the appearance of the units, stating that they are some of the nicest townhome exteriors in Hastings. He added that he doesn't feel a trail as a secondary emergency access will cut it. Commissioner Zeyen asked if the proposed units had been built elsewhere in Hastings. Mr. Siewert stated that these same units that currently exist at Bailey Ridge on General Sieben Drive. Commissioner Zeyen stated that he travels past this area daily and while he realizes that there isn't quite as many units, hasn't seen as issue with traffic at that intersection. He added that those vehicles existing the development also have the option of traveling south on Douglas Drive to gain access to Hwy 316. He would prefer to see paved trails in the area. Commissioner Schmitt argued that the intersection of 13th Street and General Sieben Drive wasn't as busy as those along Hwy 316. Mr. Siewert stated that he wanted to bring attention to a fountain that was planned for the pond at the south end of the development. Commissioner McInnis concurred with Commissioner Zeyen's comments about trails in the area. Mr. Siewert added that the additional cost of adding a 2nd access increased expenses. With land costs as they are, it makes it tough for units to be sold as affordable housing. He added that he purchased the property along 31st Street to aid in drainage purposes. Commissioner Schmitt suggested that perhaps the engineers could look at a split entrance along Tiffany Drive. Chairman Twedt asked for clarification as to how many units would be permitted without the pond area. Mr. Siewert stated it would have been 47 units, and as the buildings are designed to have eight units each, it would have been difficult to design a building with only seven units. Planning Commission Action: Commissioner Truax moved and Commissioner Zeyen seconded the motion to recommend approval of the rezoning from R-2 Medium Density Residence to R-3 Medium High Density Residence of the proposed stormwater basin south of 450 31st Street E to the City Council. Minutes - Hastings Planning Commission January 9,2006 - Page 4 of8 Upon vote taken, Ayes: 7, Nays: O. Motion passed. Planning Commission Action: Commissioner Schmitt moved and Commissioner McInnis seconded the motion to table the preliminary plat and site plan for FOUNTAIN MEADOWS to the January 23rd Planning Commission meeting. The Commission has the following comments regarding the proposed plat and site plan: 1. Examine more closely a second access to the site, either via 31st Street E or by a split entrance along Tiffany Dr. 2. Ensure landscaping along perimeter to ensure privacy of proposed units as well as those already existing. Upon vote taken, Ayes: 7, Nays: O. Motion passed. 5. J. Thompson - Preliminary Plat #2006-02 - Featherstone Oaks - 1803 Featherstone Road. Planner Jenson presented the Staff report on the item. Chairman Twedt opened the public hearing at 7:53 pm. John Siebenaler, 256 Summit Point Drive, stated that he would like to see al reasonable efforts made to preserve the oaks and evergreen trees on Mr. Featherstone's property. Cheryl Crosby, 235 Summit Point Drive, expressed concern about traffic in the area and that students parking on both sides of Featherstone Rd. Jennifer Tessmer-Tuck, 1479 Featherstone Rd, stated that it appears that the City has an odd vision for Featherstone Rd, in that there are single family homes up to a certain point and then a dividing line of townhomes. She stated that she and her husband will have 6 homes backing up to the side of their home. She stated that she does like that they are stand alone units, and that it is a reduced density from the other units in the development. She encourages the developer to move the extension about Summit Point Drive further away from her home. Scott Gergen, 1514 Featherstone Road, commented on the traffic levels on Featherstone Road, especially how the high school traffic congests the road. Agrees with Ms. Tessmer-Tuck about shifting the Summit Point Drive extension to the west to minimize the headlights shining into his home. He added that he likes the single family units and appreciates the effort to save trees on the site. Harold Featherstone, 1830 Seton Court, stated that there had been different proposals on the road extension, but that he didn't have too many objections to Summit Point Drive being a thru street. He stated he was told that due to drainage issues the existing retaining wall had to be put in place (at the end of the temporary Summit Point Drive), which he didn't agree with. Mr. Featherstone also stated that he would prefer to see a narrower street to help Minutes - Hastings Planning Commission January 9,2006 - Page 5 of 8 save more trees, and feels that the City should use surmountable curb rather than the barrier curb currently used. He also added that the oak trees along Featherstone Road are still in a fragile condition from the construction of said road. Claude Zweber, 209 Summit Point Drive, displayed a brochure from when he purchased his home, showing a cul-de-sac. He feels that Hastings has lost more trees in the last six months than the previous 30 years. He also feels that if Summit Point Drive is allowed to be extended that it will become a raceway due to the high school. Hearing no further comments, Chairman Twedt closed the hearing at 8:21 pm. Commissioner Truax asked for verification on the proposed road width. Planner Jenson stated that it is proposed to be 32' wide, the same as the existing Summit Point Drive. Commissioner Schmitt asked if Staff felt it was ok to move forward with the lot line issues. Planner Jenson responded that it was, as Staff was simply noting that the building footprint indicated on the plans did not allow for the 7' sideyard setbacks to be met on at least one lot. The developer has the option of shifting lot lines or using a different footprint to meet the setback requirements. Commissioner Schmitt questioned what would happen to a significant tree if it died after two years. Planner Jenson stated that she would need to contact the City Forester to see what the policy was on issues such as that. Commissioner Schmitt added that it was nice to see the density of the development, considering that the developer could have put twice as many units on the site. Commissioner Truax commented that there wasn't much that the Planning Commission could do to reduce traffic on Featherstone Road. Mr. Zweber reminded the commission that the temporary dead-end is rounded like a cul-de-sac. Commissioner Schmitt suggested that perhaps the maximum length allowed for cul-de-sacs should take into account the number of units on said road. He suggested that perhaps a cul-de-sac with a trail at the end leading to Featherstone Road could be constructed as an emergency access. Commissioner Truax stated that he agrees with Commissioner Schmitt's idea, and asked if Staff would consider supporting this. Planner Jenson stated that Staff supported a thru street. Staff feels that by making Summit Point Drive a cul-de-sac, then all the Summit Point Drive traffic has to Minutes - Hastings Planning Commission January 9,2006 - Page 6 of 8 use another road to exit the subdivision, and then were just dumping all that traffic in front of someone else's home. Chairman Twedt stated that he doesn't see how the high school will add to traffic on Summit Point Drive, as it isn't a shortcut to anywhere. He did add that the City could designate the street as no parking during school days. A member of the audience stated that the students will use the street as a raceway. Commissioner McInnis would like to see modifications to reduce the headlight glare on neighbors, and also supported the no parking signs in the area. Mr. Gergen added that he would prefer to see the thru street and the lower density development than to have a cul-de-sac and higher density. Planning Commission Action: Commissioner McInnis moved and Commissioner Zeyen seconded the motion to recommend approval of the preliminary plat of FEATHERSTONE OAKS to the City Council, with the following conditions: 1) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 2) 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. 3) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 4) That the tree preservation plan be approved by the City Forester, including any conditions set forth by the City Forester for the plan. Replacement of removed trees shall be required at the amount specified in the Tree Preservation Guidelines at the discretion of the City Forester. 5) That side lot lines be adjusted to ensure that proposed units will meet the minimum seven foot sideyard setback. Lot 4, Block 2 does not appear to be able to meet these minimums with the proposed building footprint. 6) 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 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. Minutes - Hastings Planning Commission January 9,2006 - Page 7 of8 (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. 8) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. 9) 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. 10) That the final plat be modified to plat the south 33' of Featherstone Road as right of way. 11) 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. 12) Park dedication fees paid prior to release of final plat mylars. 13) Payment of sewer interceptor fees prior to release of final plat mylars. 14) That the City Council consider posting Summit Point Drive with no parking during school hours. 15) That the developer examine the proposed intersection of Summit Point Drive and Featherstone Road to see whether it can be moved to the west to minimize headlights shining across the road into the existing home, and if not, consider planting shrubs to deflect headlights into said home. Minutes - Hastings Planning Commission January 9,2006 - Page 8 of8 16) That the City Council consider reducing the speed on Summit Point Drive to discourage traffic cutting between Featherstone Road and 4th Street West. 17) Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. 18) The Final Plat shall be recorded with Dakota County within one year of approval by the City Council, or the approval is null and void. Upon vote taken, Ayes: 7, Nays: O. Motion passed. OTHER ACTIONS 6. Other Business Commissioner McInnis questioned whether or not the City had a formal position on eminent domain, and if not, feels that the City Council should develop a position in a workshop session. He feels that the recent court cases regarding eminent domain are dangerous to property owners. Planner Jenson responded that she was unaware of any formal position that the City Council has on the issue, but that she would pass on Commissioner McInnis' request. Commissioner Schmitt stated that eminent domain can be used successfully, such as in Anoka, but that there can be the potential for misuse, in his opinion. Planner Jenson updated the Commission on Council actions since the last Commission meeting. 7. Adjourn The meeting was adjourned at 8:57 pm. Respectfully submitted, ~~ Recording Secretary