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HomeMy WebLinkAboutPCMinutes-20060227 1fastil1,y~ :J5.ral1l1il1,y T;ommi~~Ol1 February 27, 2006 Regular Meeting 7:00 pm Chairman Twedt 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: Planning Director John Hinzman, Associate Planner Kris Jenson. 2. Approve February 13, 2005 Planning Commission Meeting Minutes Motion by Commissioner Truax, second by Commissioner Zeyen to tablethe. . approval of the minutes of the February 13, 2006 Planning Commission meeting, as the wrong minutes were distributed by Staff. Motion passed unanimously. PUBLIC HEARINGS 3. City of Hastings - Ordinance Amendment #2005-55 Original Hastings Design Standards. Director Hinzman presented the staff report. Chairman Twedt opened the public hearing at 7:03 pm. Commissioner Schmitt asked for a recap of the comments from the neighborhood open house; .. Director Hinzman stated that most of the people he spoke with seemed to be learning of the ordinance and it would affect their property. There was also some discussion of demolition. Scott Meier, 114 6th St E, asked several questions about language within the R-2 District code, the last question having to do with why specific styles of homes are not mentioned within the code. Director Hinzman stated that the intent of the ordinance was for new construction to fit in with the character of the neighborhood and not require a specific style that may not fit with the neighboring homes. (Note: Mr. Meier's first three questions dealt with issues in the code that were not proposed for Minutes - Hastings Planning Commission February 27,2006 - Page 2 of 12 modification). Amy Martin, 220 7th St E and a Heritage Preservation Commission member, stated that the Commission voted unanimously that they would like to be included in on the process for the Original Hastings Design Standards. From her personal perspective, the HPC has wanted to be involved in this type of process for a number of years. The HPC recognizes that there are a number of homes that are worthy of designation, but due to a lack of funds the necessary studies haven't been done. Greg Pierce, 714 Tyler Street, asked for a copy of the proposal as he believes his home is not a part of a historic district but has plans to do work to his home and wants to know how this would affect his plans. Amy Van Zee, 309 7th St W, stated that she and her husband are new to Hastings and would like to change their garage access from the front to existing alley . behind them, but is concerned about the deterioration of homes in her neighborhood. Director Hinzman stated that the City does have a Code Enforcement Officer that can address certain maintenance issues, and that the person generally works on a complaint basis. Commissioner Truax added that nothing in the proposed ordinance would.. . prohibit the couple from constructing a different garage. Ms. Van Zee stated that the garage is currently located on the property line, and she isn't sure what process will be needed to modify or enlarge the garage. Chairman Twedt closed the hearing at 7:17 pm. Commissioner Truax stated that he was concerned about the language regarding garages going to the alley. Director Hinzman suggested changing the language to "new garages .. .", as the intent is to require new garages to access improved alleys if available. Commissioner Schmitt asked for clarification on when the code comes into play. Commissioner Zeyen stated the language at the bottom of page 3 states it will require review if the proposed improvements are greater than 5% of the home's value according to the county assessor's office. Chairman Twedt stated he felt the Planning Commission needed to tread carefully when it comes to property rights. He doesn't want to send the message that people can't do any improvement to their homes. Commissioner Zeyen asked if the language about lofts above garages should be stricken from the proposed ordinance. Director Hinzman stated that the language did refer back to district regulations for setback info and the like. Minutes - Hastings Planning Commission February 27,2006 - Page 3 of 12 Commissioner Zeyen questioned whether residents were aware that their properties were located within historic districts. Ms. Martin stated that letters are sent annually to all properties with a historic designation. Commissioner McInnis asked how a new homeowner would know they were in a historic district. Ms. Martin stated that a synopsis of the information is sent to property owners. A member of the audience stated that designations are recorded on the property deed. Planning Commission Action: Commissioner Schmitt moved and Commissioner McInnis seconded the motion to recommend. approval of the Original. Hastings Design Standards as presented. Upon vote taken, A yes: 7, Nays: O. Motion passed. 4. Jeff Thompson - Preliminary Plat #2006-13 - Featherstone Oaks (Revised). Director Hinzman presented the Staff report to the Commission. Chairman Twedt opened the public hearing at 7:35 pm. Dan Tilsen, engineer for the applicant, stated that the plan before the Commission was not their preferred plan. The applicant would like to see the private driveway connect to Featherstone Road. Mr. Tilsen distributed information from the City of Eagan's code regarding width of private streets. Eagan permits private roads at a width of 20' when only serving 5-8 units. Mr. Tilsen also distributed a map of the proposed development showing that no unit is more than 150 feet from a public road. Jennifer Tessmer-Tuck, 1479 Featherstone Road, stated that it was ironic that during the previous public hearing a woman commented that she didn't anticipate anyone. tearing down an old house,. when. the Featherstone.house is . slated to be demolished in it's centennial year. It was constructed in 1906 of lumber from a former Pine Street school that was torn down in 1903. Ms. Tessmer-Tuck stated that she would like to see the conditions that have been discussed regarding tree preservation and an arborist being on site during construction to be memorialized and enforced - that they remain a part of the record. Harold Featherstone, 1830 Seton Court, stated that he would like to see a permanent delineation of the trees on site for conservation easement purposes. Mr. Featherstone encouraged the Commission to save the oaks for another generation. Minutes - Hastings Planning Commission February 27,2006 - Page 4 of 12 Chairman Twedt closed the public hearing at 7:52 pm. He suggested that the Commission start with discussing the preliminary plat. Commissioner McInnis asked the developer how many more trees would be lost if the private road were increased from 22' to 26', as well as how many more trees would be saved were the private street reduced to 18' in width. Director Hinzman clarified that the Fire Marshall was concerned about the length of the roadway and initially wanted a 28' wide road with a turnaround at the end. The 26' road width and no turnaround are concession made on his part. Mr. Tilsen stated that the City requested a 22' wide road, and that the developer would like to connect the private road to Featherstone Road. He added that there would be much less impact to the trees at an 18' width than at a 22' width. Commissioner McInnis expressed concern for overflow parking in the area. A 4th of July party, a high school graduation, and no matter whether a road is signed no parking or not, people will park where they can. Mr. Tilsen stated that the driveways are a bit longer than typical, so they would hold more vehicles, and that spillover traffic would need to park on public streets. Commissioner Truax asked how wide Zweber Lane or Southview Drive were, as they were recently constructed streets. Director Hinzman stated that he did not know that answer. Mr. Tilsen stated that he has built many 22' wide private streets. Chairman Twedt asked what the standard road width was. Director Hinzman stated that the standard road width for a public street is 32'. The City does permit 22' wide private roads as stub streets, but even private collector streets are required to be a minimum of 28' in width. Some public street may be wider than 32' if they have a collector or arterial designation. Mr. Featherstone stated that the City of Hastings has street widths that are excessive and that we need to have an overall reduction in widths. He added that there are fire hydrants at both ends of the development;'. Commissioner Truax asked for clarification about the 725' distance and where that was measured from. Director Hinzman stated that distance is from intersection of Summit Point Drive and Glenlou Way to the end of the proposed private drive. Chairman Twedt stated that he did not like the plan as he didn't feel it met safety requirements. He also added that the Commission didn't get an answer to the number of trees lost in going from 22' width to 26' width. Mr. Tilsen stated that the end units could also be accessed from Featherstone Road. He added that this plan has been tweaked to save trees and reminded the Minutes - Hastings Planning Commission February 27,2006 - Page 5 of 12 Commission that it's not an impact to the trunk of the tree but to the root zone that causes the problems. Chairman Twedt asked for clarification as he thought he recalled Mr. Featherstone commenting that some of the trees have been stressed over the past two years due to the dry summers, which are nothing that anyone has control over. Mr. Featherstone stated that the trees were damaged due to the reconstruction of Featherstone Road. Chairman Twedt clarified that the plan was to have an arborist on site during construction. Director Hinzman stated that that was a condition of approval. Chairman Twedt reiterated that he cannot support the 725' length of the cul-de- sac and that he liked the previous plan with the thru street. Director Hinzman stated that the Commission can recommend approval of the plan with changes, such as a street width at 26'. Commissioner Zeyen expressed concern with parking issues if the street were to remain at 22'. Commissioner Schmitt added that because the road would be private, the Hasting Police Department would not have the ability to write tickets for parking violations. Mr. Tilsen stated that the homeowner's association would govern that aspect. Commissioner Truax asked for clarification on whether the road would be paved or gravel. Mr. Tilsen stated that they would like to pave the road. He added that often 10' wide paved trails are used for emergency access purposes, because 10' is all that is truly needed. Director Hinzman stated that an emergency trail access would have knock-down bollards to prohibit vehicular use of the trail. Were that to be an access point for the residents, it would create a very dangerous situation on Featherstone Road. Jeff Thompson, applicant, stated that he is confused by the Commission's discussion and is wondering what is their intent. Director Hinzman stated that Staff is trying to balance tree preservation and emergency access. While Staff prefers the original plan with the thru street, they can live with a 26' wide private road at the end of which is a 10' bituminous path with knock down bollard to serve as an emergency access. Mr. Thompson stated that he is trying to please a lot of people and would like this road to look like a private driveway. Commission McInnis feels that he hasn't been given a clear answer on the Minutes - Hastings Planning Commission February 27,2006 - Page 6 of 12 number of trees lost or saved with the varying street widths. Director Hinzman stated that the ones closest to Featherstone Road (#2 and #3) could be impacted less by reducing the length of the private road and increasing the distance of the emergency trail access. Mr. Thompson added that this plan has greatly reduced the amount of grading on the site to minimize impacts to the trees. Commissioner Schmitt asked Mr. Featherstone how wide his existing driveway currently was. Mr. Featherstone stated that it was 12' wide. Mr. Tilsen stated that the applicant is asking to be able to joint trench the water and sanitary sewer line to minimize impacts on the site. Commissioner Zeyen questioned why the service lines were coming into the property at such an odd angle. Mr. Tilsen stated that it was due to the location of the stubs. Commissioner Zeyen questioned why some of the units were shown with separate driveways. Director Hinzman stated that a condition would be that they be joined together. Mr. Thompson added that it was an error on the plans. Chairman Twedt suggested that the Commission discuss the issues raised in Mr. Featherstone's letter to the Commission. Director Hinzman stated that conditions 1 thru 3 can be controlled by Mr. Featherstone as the current property owner. The current plan with lot boxes and one large open space will make it very easy to add provision to the homeowner's association documents that will require preservation and protection of the trees. As for numbers 4 thru 6, Staff already has a condition that the arborist be onsite during time of construction in the areas of the trees. Chairman Twedt clarified that numbers 1 thru 3 are covered. Commissioner Schmitt stated it would be done with the covenants on the site. Director Hinzman confirmed this and added that all trees would be within the common areas. Mr. Thompson added that the covenants are recorded with the final plat. Mr. Featherstone commented that during the road construction project there was to have been no compaction of the area near the trees but that there was no enforcement of the regulations. Chairman Twedt suggested that the Commission take the preliminary plat and include the provisions they could live with. Director Hinzman suggested that the Commission go thru the applicant's Minutes - Hastings Planning Commission February 27,2006 - Page 7 of 12 specific comments to the conditions included in the staff report. Chairman Twedt read condition number regarding the trenching of utility lines and Mr. Tilsen's response. Commissioner Schmitt asked if this was permitted under Health department guidelines. Director Hinzman stated it was with extra provisions taken to protect the lines, and that it has been done in the past in Hastings. Chairman Twedt summarized condition number 5. Mr. Tilsen summarized his client's position with relation to the width of the private drive. Chairman Twedt asked for the Commission's response on what they would support. Commissioner Zeyen stated that the Fire Marshall has given his recommendation of 26' wide and that was to ensure access for fire and ambulance vehicles to the site. He added that the Fire Marshall's comments should be taken seriously. Commissioner McInnis stated that he concurs with Commissioner Zeyen on the 26' street width. Commissioner Zeyen added that the private drive drops 15' from the end of the cul-de-sac to the end of the road and curb and gutter should be there to control the flow of significant rain events. Chairman Twedt pointed out that it the Commission recommends a 26' wide road with a connection to Featherstone Road, that it's essentially a thru street. Director Hinzman clarified that bollards would be added to the trail portion to prevent vehicle traffic. Chairman Twedt asked if "Private Street" signs would be permitted. Director Hinzman stated they would be. Chairman Twedt moved on to number 12 and summarized the item. Director Hinzman suggested that if the arborist was ok with the modifications, then it would be acceptable. Chairman Twedt summarized number 18. Planner Jenson stated that when Summit Point was originally platted, it included the south 33' of Featherstone Road. When the high school plat was being prepared, there were easements over the existing Featherstone Road that needed to be vacated before the plat could be recorded, so the City went thru the process to vacate said easements. However, the City was provided an incorrect legal description which ended up vacating Featherstone Road to the east boundary of the Summit Point development, included that part along Mr. Featherstone's Minutes - Hastings Planning Commission February 27,2006 - Page 8 of 12 property. Staff at that time obtained deeds from Mr. Siewert for the portions along the Summit Point development, but for whatever reason, chose to wait and simply have the right of way along Mr. Featherstone's property platted at the time the lot was developed. That is the reason for the requirement, and it has no negative impact on the development of the site. Mr. Tilsen stated that the condition was acceptable. Commissioner Truax asked if the Commission was clear on Mr. Featherstone's Issues. Commissioner Schmitt stated that he feels the Commission is going in the wrong direction by not having a thru street. He added that the City has ordinances in place to prevent this sort of situation. Commissioner McInnis added that the emergency access will be the best way to serve this. Chairman Twedt stated again that he did not like the concept and felt that this originally was a very nice development, and that we were trying to fit a square peg into a round hole. Commissioner Truax agreed with Chairman Twedt's statement and indicated that he would vote against the project. He said that there were elements he liked, but that this wasn't the way to do this. Planning Commission Action: Commissioner Zeyen moved and Commissioner McInnis seconded the motion to recommend approval of the Featherstone Oaks preliminary plat 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 apprqvals. 3) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 4) Prior to City signature of the Final Plat mylars, the revised landscape plan shall be approved by the City Forester. 5) The proposed 22 foot wide private drive should be increased to 26 feet with no parking allowed on the street. The private drive terminus should be moved further south to lessen impact on mature oak trees. 6) The public cul-de-sac at the southern property line must be reconfigured to meet our current" tear drop" design standards. Minutes - Hastings Planning Commission February 27,2006 - Page 9 of 12 7) The two driveways on three car garage units should be consolidated into a single driveway. 8) An emergency access/pedestrian trail must be constructed to connect the private road to Featherstone Road as determined by the Public Works Director and Fire Marshall. 9) The proposed fire hydrant along Featherstone Road must be relocated to access off of the private road at the discretion of the Fire Marshall. 10) Transplant trees should be placed in the following areas to better screen units - between the decks on Lots 3 & 4, and behind lots 8 and 12. 11) Adherence to the practices and recommendations of Stephen J. Nicholson's February 23, 2006, and January 31, 2006 review letter for Featherstone Oaks. 12) An orange snow fence must be installed around all trees identified for preservation on the Tree Inventory prior to commencement of any grading on site, and shall be maintained until final grade. The fence shall be installed out to the drip line of all trees marked for preservation, unless approved by the arborist. 13) An arborist shall be provided by the applicant and present during any construction activity commencing within the tree preservation area. 14) Establishment of a surety or escrow to insure the viability of transplanted trees. 15) Final approval of the Tree Preservation Plan by the City Forester. 16) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. 8) 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. 9) That the final plat be include the south 33' of Featherstone Road adjacent to this property as dedicated right of way. 10) 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. 11) Park dedication fees paid prior to release of final plat mylars. 12) Payment of sewer interceptor fees prior to release of final plat mylars. 13) A home owner association and covenants shall be established to ensure maintenance of common facilities prior to Final Plat recording. Minutes - Hastings Planning Commission February 27,2006 - Page 10 of 12 14) Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. 15) 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: 2, Nays: 5. Motion denied. Planning Commission Action: Commissioner Zeyen moved and Commissioner McInnis seconded the motion to recommend approval of the variance for a 725' + cul-de-sac length at Featherstone Oaks to the City Council. Upon vote taken, A yes: 2, Nays: 5. Motion denied. OTHER ACTIONS 5. Bud Miller - Site Plan #2006-11 Miller Electric - Enterprise Avenue. Planner Jenson presented the staff report on the item. Commissioner Truax questioned the issue of waste disposal and it's plan to be within the building, since the photo of Mr. Miller's existing building shows a dumpster outside, and when he visited the site, the dumpster was outdoors as well. Planner Jenson responded that she did not know what the specific conditions of approval were attached to the approval to construct Mr. Miller's current building, and it's possible that there wasn't a condition requiring screened storage and waste facilities. On the proposed site, however, Mr. Miller intends to store his dumpsters within the buildings, and there is a condition in the approval that states any outdoor storage of materials would require screening. Planner Jenson suggested that the wording be modified to say "Outdoor storage of materials or waste enclosures shall be prohibited.. .". Commissioner Truax felt this was acceptable. Planning Commission Action:. Commissioner Truax moved and Commissioner Schmitt seconded the motion to recommend approval of the Miller Electric site plan at 2911 Enterprise Ave to the City Council with the following conditions: 1) Adherence to the Site Plan and Architectural Elevations as presented to the City Council. 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. Minutes - Hastings Planning Commission February 27,2006 - Page 11 of 12 4) That the landscape plan is approved by the City Forester with the following modifications: A) That the overstory trees along Enterprise Ave be replaced with White Ash, Norway Maple, or Greenspire Linden. B) That there be additional shrub plantings shall be added along the foundation of the structure along Enterprise Avenue. C) That 2-3 additional overstory or coniferous trees be added to the east of the proposed building and north of the parking area. The City Forester suggests Green Ash for this location. 5) 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. 6) All rooftop equipment shall be screened by a parapet wall from areas facing a public right-of-way, and painted to match the building elsewhere. 7) All parking and drive aisle areas shall be constructed to city standards including concrete curb and bituminous surfacing. 8) Lightingmust not exceed 0.5 foot candles at the property line. 9) Any uncompleted site work (including landscaping) must be escrowed at 125 percent of the estimated value prior to issuance of a certificate of occupancy. 10) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy. 11) Any signage on the site is required to obtain a sign permit from the Planning Department prior to being erected on site. 12) Outdoor storage of materials or waste receptacles shall be prohibited unless screened to the satisfaction of the Planning Director. 13) 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: 7. Motion passed. 6. City of Hastings - Ordinance Amendment #2006-08 - Accessory Building Height. Planner Jenson presented information on the proposed ordinance change. Commissioner Zeyen noted that the ordinance conflicted with the design standards that mentions lofts above garages. Planner Jenson stated that there is a provision within the zoning code that does permit a second primary structure on a lot provided said structure can meet all Minutes - Hastings Planning Commission February 27,2006 - Page 12 of 12 the setbacks of a primary structure (i.e. 20' front and rear yard setbacks). It isn't a situation that happens real often, however. Planning Commission Action: Commissioner Truax moved and Commissioner Schmitt seconded the motion to recommend approval of the ordinance amendment to Section 10.05, Subd. 2A - Accessory Building and Structure Requirements to the City Council as presented. Upon vote taken, Ayes: 7, Nays: O. Motion passed. 7. Other Business Director Hinzman updated the Commission on Council actions since the last Commission meeting. 8. Adjourn The meeting was adjourned at 9:20 pm. Respectfully submitted, ~~ fY~ Kris Jenson Recording Secretary