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HomeMy WebLinkAbout05/14/01Hastings Planning Commission May 14th, 2001 Regular Meeting 7:00 p.m. Chairman Strauss called the meeting to order at 7:02 p.m. 1. Roll Call Commissioners Present: Anderson, Greil, Hollenbeck, Stotko, Strauss, Twedt. Commissioners Absent: Michno Staff Present: City Planner Matthew Weiland, Associate Planner Kris Jenson 2. Approve April 23rd 2001 Planning Commission Meeting Minutes. Commissioner Anderson moved and Commissioner Stotko seconded a motion to accept the minutes as written. The vote was unanimous. 3. Public Hearing - Century South Zoning Amendment (R-3 PRD) Planner Jenson presented background information. Chairperson Strauss opened the public hearing at 7:05 pm. Mr. James Johnston, Lyman Development, introduced himself to the Commission. He then introduced Mr. Paul Greten, the property owner, Mr. Paul Pearson, Engineer for the project with MFRA, and Michael Gair, Land Planner with MFRA. Chairperson Strauss closed the public hearing was closed at 7:07 pm. There were no comments from the Planning Commission. Planning Commission Action: Commissioner Twedt moved and Commissioner Hollenbeck seconded a motion to recommend to the City Council the zoning designation of R-3 PRD, subject to a MUSA expansion from the Metropolitan Council. Upon vote taken, Ayes, 6, Nays, 0. Motion carried. 4. Public Hearing - Century South Preliminary Plat Planner Weiland presented background information. Chairperson Strauss opened the public hearing at 7:25 pm. Lorraine Johnson, 3440 Cannon Street, questioned why Cannon Street wasn=t staying a frontage road and why there were men surveying in her front yard. Planner Weiland explained to her the potential future changes for Cannon Street. He also explained that for now, the existing Cannon Street/Hwy 61 access would remain as is. Dan Tillson, Engineer for the South Pines IV project, noted that this project, as well as the South Pines IV project, had the planting of trees tied to the Certificate of Occupancy and felt that that was a hardship for the developments. Planner Weiland responded that the conditions states that during the winter months, a temporary certificate of occupancy could be granted with an escrow. With no further comments from the audience, the public hearing was closed at 7:32 pm. Commissioner Stotko asked if a traffic study was done for this development. Planner responded that there was, and that it was included with the support materials in the packet. Chairperson Strauss stated that the 75' ag buffering was a good idea, but how will future residents know where that line begins? Mr. Johnston, stated that they have use small 4" x 4" markers to indicate the limits of areas of special regualtions. Chairperson Strauss was concerned with the size of the usable backyards with some of the homes that back up to the ag buffering area. Mr. Johnston stated that the squares seen on the site plan are the general location of the house pad, and are much larger than a house would normally be. The homes backing up to the buffering area will have about 25' before the start of the ag area. Chairperson Strauss inquired as to the locations of the infiltration ponds. Mr. Lyman stated that both ponds are intended to be infiltration ponds, as the ground is rather granular. This allows for better absorption of excess water on the site. Planning Commission Action: Commissioner Stotko moved and Commissioner Greil seconded a motion to recommend to the City Council the approval of the Century South Preliminary Plat, subject to the following conditions: 10. 11 12. 13 That preliminary plat approval is contingent upon the Metropolitan Council approving the comprehensive plan amendment and MUSA expansion for the property. That preliminary plat approval is contingent upon the property being zoned R-3 PRD. That all private drives and related utilities be designed and constructed according to City policies, as determined by the Public Works Director. That the developer shall provide evidence that all private drives and utilities will be maintained by a homeowner=s association not by the City. That the Developer shall agree to pay for a portion of the culverts. These costs shall be agreed to in the development agreement. That the final plat shall be modified to change the following street names. Park Circle shall be renamed. The new name is subject to the approval of the Fire Marshall and Public Works Director. Bohlken Drive should be changed to Century Drive. That the preliminary plat is subject to MNDOT review and shall incorporate any comments received into the final plat. That the final plat shall be modified to add an additional 66 ft of Cannon St ROW in the northwest corner of the site. That the City shall pay the difference in oversizing the utilities in the project. These cost shall be agreed to in the development agreement. That the cul-de-sac island shall be maintained by the homeowners and not by the City. The developer shall provide documentation on the maintenance of the cul-de-sac island to be recorded with the plat and development agreement. That the developer shall have a separate water meter and water line installed for all irrigation systems. The applicant shall be required to pay $310.00 per lot in interceptor sewer charges, prior to the city releasing the final plat hardshells. The interceptor sewer charge for this project totals $120,280.00 for 388 units. That the developer shall construct and pay for the park improvements. The developer will work with NRRC on park design. This shall be agreed to in the development agreement. 14. That the developer shall install, to City standards, all trails identified on the landscape plan dated 4/4/01. 15. That the builders in this subdivision shall plant g_boulevard@ trees according to the submitted tree plan and one front yard tree per lot. An escrow is required for any unplanted trees before a certificate of occupancy is issued for any units without trees is allowed. 16. That the 75 ft agricultural buffer shall be maintained as open space and that fence post will be installed an property lines to identify the property boundaries. Restrictive covenants will be recorded with the deeds of the lots that include the agricultural buffer. 17. That the town home units in the project are required to go through the site plan review process, before they are approved. Upon vote taken, Ayes, 6, Nays, 0. Motion carried. 5. Public Hearing - Rezoning South Pines IV Planner Weiland presented background information on the project. Edward Terhaar of Benshoofand Associates reviewed and conducted a traffic study for this proposed development. Chairperson Strauss opened the public hearing at 8:03 pm. John Trombley, 175 37th Street West, inquired about the setback of homes from the pipeline easement. He noted that there was a 75' setback in the other (Century South) project, and asked why it was only 50' in this project. He states he was told the buildings would be setback at least 60' from the property. Planner Weiland stated that the pipeline easement in the area of the Century South project is 75' wide, while in this area of the South Pines proposal it is only 50' wide. The homes will be set approximately 10' off of the pipeline easement. With no additional comments from the audience, the public hearing was closed at 8:08 pm. Commissioner Twedt inquired about an emergency access for the site, and whether it would be developed as a part of Phase 1. Planner Weiland stated that an additional access (gravel) would be constructed out to Michael Avenue. Commissioner Greil asked who would be maintaining the road and plowing it in the winter. Planner Weiland suggested adding a condition that would require evidence of road maintenance. Planning Commission Action: Commissioner Anderson moved and Commissioner Stotko seconded a motion to recommend to the City Council to approve the South Pines IV Preliminary Plat, subject to the following conditions: That preliminary plat approval is contingent upon subject property being rezoned to R-1 Low Density Residence for the single family homes and R-2 Medium Density Residence for the twin homes. That preliminary plat approval for the 6.93 annexed property is contingent upon the Metropolitan Council approving the comprehensive plan amendment and MUSA expansion for the property. That street names shall be added to the final plat. The street names are subject to the approval of the Fire Marshall and Public Works Director. That the stormwater plan shall be reviewed by BARR Engineering and any BARR Engineering comments shall be incorporated into the stormwater plan. The Developer shall be responsible for the costs of the BARR Engineering stormwater plan review. These costs shall be agreed to in the development agreement. That the preliminary plat is subject to MNDOT review and shall incorporate any comments received into the final plat. That the landscape islands shall be maintained by the homeowners and not by the City. The developer shall provide documentation on the maintenance of the landscape islands to be recorded with the plat and development agreement. That the developer shall have a separate water meter and water line installed for all irrigation systems. The applicant shall be required to pay $310.00 per lot in interceptor sewer charges, prior to the city releasing the final plat hardshells. The interceptor sewer charge for this project totals $66,030.00 for 213 units. 10. That the developer shall pay $127,146.48 in park dedication fees. These fees may be reduced by trail development credit. The fees will be agreed to in the Development agreement. The park dedication fees shall be paid prior to the release of the final plat hardshells. 11. That the preliminary plat shall be modified to include a trail along HWY 316 up to 37th St. 12. That the trail and park outlet along the western edge of the park shall be modified in the final plat in one of the following ways: Eliminate the trail and park outlet along the western edge of the park and replace with a buildable lot Move the trail and park outlet south to line up with the intersection. 13 That the developer shall install, to City standards, all trails identified on the preliminary plat. 14. That the developer shall submit a tree plan identifying street trees every 50 linear 50 ft, subject to the approval of the City Forester. 15 That the builders in this subdivision shall plant g_boulevard@ trees according to the submitted tree plan and one front yard tree per lot. An escrow is required for any unplanted trees before a certificate of occupancy is issued for any units without trees is allowed. Upon vote taken, Ayes, 6, Nays, 0. Motion carried. 6. Final Plat - Riverdale Planner Weiland presented background information on the project, as well as reviewing the conditions of the approval. He added that a neighborhood was held on April 17th, reviewing the access issues with the neighbors. Planner Weiland also contacted the National Heritage Database for any information on the site. They noted an old forest below the bluftline, most likely along the Lake Rebecca area. He also contacted the Mineesota DNR, who informed him that according to their information, no native habitat would be destroyed. Mrs. Denn, 2036 Nininger Road, asked how she was supposed to hook up to city sanitary sewer services, as they will be required to be. Planner Weiland stated that a wider than usual easement has been provided between two lots for the Denn=s sewer access point. Chairman Strauss stated that while this was not a public hearing, she recognized that there were many neighbors in the audience, and if they would like an opportunity to speak, they could do so at this point. Commissioner Twedt asked the developer to maintain the integrity of the paved trail during construction as much as possible, and to not use it as a construction access. Mrs. Denn asked that the integrity of the homes on the top of the hill be preserved and that they be notified of heavy machinery entering the area. Mary Malban, 1988 Nininger Road, noted that a very old barn foundation was located on the hillside behind her home. Now that the area will be preserved as a green area, what can be done with that foundation, as it is a potential safety hazard. Terry Matula, representative of DR Horton, developer of the project, stated that MNRRA regulations are unclear as to the action that can be taken in these situations. Chairman Strauss stated that there should be room for corrective measures within the ordinances. Planner Weiland would recommend that corrective action be taken and the slope restored. Mr. Matula addressed a number of the conditions to which Planner Weiland referred in his review of the project. Condition #15A, he clarified that cutting can be done for critical areas such as roads, utilities, etc. Conditions #15E - F can be removed as there would be no grading within 40' of the bluff and the Shoreland PUD had been granted by the DNR. Mr. Matula questioned the approval aspect of #21, with regards to the protection of the bluffs and open space, asking if it was part of the development agreement. Planner Weiland stated that it was. Mr. Matula=s final question was in regards to condition #23. The developer would like to start utility work as soon as possible. He noted that he has been in contact with the Army Corps of Engineers, who has said that the property owners backing up to the river may apply for a license from the Army Corp of Engineers to have a dock on the Mississippi River. Mr. Matula also stated that he plans to use the existing right-of-way to access the site for initial site development and utility work. Chairman Strauss reviewed the modified conditions with the Planning Commission. Planning Commission Action: Commissioner Anderson moved and Commissioner Twedt seconded a motion to recommend to the City Council to approve the Riverdale Final Plat, subject to the following conditions: 1. That access to the subject property shall be finalized with an agreement between the Developer and Dakota County, before the final plat hardshells are released. 2. That the access road to the property shall be built to City Standards. 3. That all private drives and related utilities be designed and constructed according to City policies as determined by the Public Works Director. That the developer shall provide evidence that all private drives and utilities will be maintained by a homeowner=s association not by the City. That the final plat hardshells shall be modified to increase the Riverdale Drive right of way (ROW) to 66 ft south of Hillside Lane. That a landscape island shall be placed at the end of Riverdale Terrace in the Cul De Sac. This cul-de-sac shall be maintained by a homeowners association and not by the City. That the final plat hardshells shall be modified to change the street names of Riverview Dr and Hillside Lane, subject to the approval of the Public Works Director and Fire Marshall. That the stormwater plan shall be reviewed by BARR Engineering and any BARR Engineering comments shall be incorporated into the stormwater plan. The Developer shall be responsible for the costs of the BARR Engineering stormwater plan review. These costs shall be agreed to in the development agreement. That the developer shall provide documentation that common open space and ponding basins shall be privately maintained by a development association and not the city. 10. That Outlot A shall be deeded to the City for a Park. 11 That the proposed realignment of the bike trail shall be constructed to MNDOT bike trail standards, subject to the approval of the Public Works Director. This trail realignment shall be constructed first to minimize the impact to the bike trail and allow for use during construction on the property. 12. That the applicant shall pay a $310/lot Interceptor Sewer Fee, which would total $20,460.00 for 66 units, prior to the City=s release of the plat hardshells. 13 That the developer shall modify the utility plan according to the following items, subject to the approval of the Public Works Director: The developer shall have a separate water meter and water line installed for all irrigation systems. All homes shall have individual pressure reducing valves installed due to the high water pressure in this area. The sanitary sewer invert into the site shall be lowered to accommodate sanitary flows for future growth outside the City. The sanitary sewer mains may also have to be lowered to accommodate future sanitary flows. Per City ordinance, the City shall pay the difference in the cost to lower these sewer mains or to oversize them. These costs would be agreed to in the development agreement for the project. The City should work to acquire utility easements over the bike trail on the eastern edge of the property. If easements can be acquired, the developer shall be required to place their utilities in the easement and construct them in a manner that minimizes disruption to the area. 14. That the final plat shall be modified to extend the Riverdale Terrace R.O.W. to the east in order to allow a future connection to the east. This is subject to the approval of the Public Works Director. 15 The following MNRRA Corridor Executive Order 79-19 and the City=s Shore Land conditions shall be enforced on the property. No native vegetation or trees shall be cut on the slope of the Mississippi bluff line or on any land 40 ft from the top of the bluff line. Silt fence shall be placed to protect the toe of bluffs greater with greater than 18% slopes. Silt fence shall be added to protect the bluff line on the eastern part of the property. 4. All buildings shall be located 40 ft back from the bluff line. 16. That the Minnesota Department of Natural Resources must approve the Shore Land PUD, prior to the release of the final plat hardshells. 17. That the builders in the subdivision shall plant g_boulevard@ trees according to the submitted tree plan and one front yard tree per lot. These trees shall be at least two inches in diameter at the base and the species of the tree should be on the list of approved trees Created by the city Forester. An escrow is required for any unplanted trees before a certificate of occupancy is issued for any units without trees is allowed. 18. That the Developer shall deed Outlot C to the City. 19. That the final plat shall be modified to include the Liddle Lane Right of Way and associated property. 20. That the final plat signature page shall be modified to add a signature line for the City Clerk. 21 That the restricted areas identified as bluffs and open space are protected through legal means, such as a conservation easement, restrictive covenants or home owners=s associations, subject to the approval of the City Council. These legal means shall be recorded with the property. 22. That permanent monuments are place on the property identifying the restricted and protected areas. 23 That the Developer shall enter into a Development Agreement with the City to memorialize conditions of final plat approval and that the executed Agreement shall be recorded against the subject property prior to issuance of a grading permits. 24. That the barn foundation located in Lot 23, Block 5 is properly addressed and the any impact to the bluff is restored with native vegetation. 25 That the temporary access to the property is restored to existing conditions and that the new permanent access road shall be used as the primary access as soon as it is acquired. Upon vote taken, Ayes, 6, Nays, 0. Motion carried. 7. Site Plan Review - Hastings Parks Maintenance Building Planner Jenson presented the background information. Chairman Strauss asked about any neighborhood concerns that were expressed. Planner Weiland stated that the Parks Department held a Neighborhood meeting, at which two neighbors attended and expressed their support of the project. Commissioner Anderson inquired if the building would be sprinkled. Planner Weiland stated that he believed it would be. Planning Commission Action: Commissioner Greil moved and Commissioner Hollenbeck seconded a motion to recommend to the City Council approval of the Site Plan for the Hastings Parks Department Joint Maintenance Facility with 1SD #200, with the following condition: 1. The proposed structure and accessory items including, but not limited to, the parking lot and landscaping shall be completed pursuant to the approved site plan. Upon request for occupancy of the building, all uncompleted items contained within the site plan shall be addressed pusuant to city code escrow requirements. Upon vote taken, Ayes, 6, Nays, 0. Motion carried. 8. Updates and Other Business Planner Weiland told the Commission of an open house regarding the proposed Hwy 55/Hwy 52/Cty Rd 42 realignment. While the affected area is entirely within the City of Rosemount, many Hastings commuters use Hwy 55/52 to travel to and from work. Information regarding the exact time and date would be available after the meeting. 9. Adjournment There being no further business the meeting was adjourned at 9:23 pm.