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HomeMy WebLinkAbout01/12/03HASTLN S PL A NNLNfi COMMISSION January 13th, 2003 Regular Meeting 7:00 pm Chairman Anderson called the meeting to order at 7:00 pm. 1. Roll Call Commissioners Present: Alongi, Anderson, Greil, Hollenbeck, Michno, Truax, and Twedt Commissioners Absent: None Staff Present: Planning Director John Hinzman, Associate Planner Kris Jenson 2. Approve November 25, 2002 Planning Commission Minutes Commissioner Twedt noted that while he was absent, his name was not indicated in either the present or absent list. Commissioner Alongi noted that there is not a clear response to his question (immediately prior to Planning Commission Action for Item #7) for clarification that the proposed resolution was not specifically for Sherman & Associates. The response to Commissioner Alongi's inquiry should say, "HRA Director Grossman stated that the resolution was to amend the TIF areas and not specifically for Sherman and Associates.' With those changes, the minutes were accepted by a unanimous vote. Slapnicher, Joseph - Rezoning/Site Plan #2003-01 - To rezone property from A- Agriculture & R-3 Medium-High Density Residence, to C-1 General Commerce and Site Plan to construct an office building (eye clinic) at 1026 North Frontage Road. Director Hinzman presented background information on the project. Chairman Anderson opened the public hearing at 7:12 pm. Dan Mann, 929 6th Street West, stated that while he didn't have any concerns with the building itself, it appeared from the site location map that State Street would be opened to Highway 55. Planner Jenson responded that the location map shows dedicated right-of-way, in which State Street does connect to Highway 55, but that the City had no plans to physically connect the roads. John Langenfeld, builder of the project, stated that they are planning to add additional detail to the building per Staff's comments. The basement area is simply for storage of files and materials used in the course of business and there are no plans for any employee areas. Chairman Anderson closed the public hearing at 7:15 pm. Commissioner Truax asked if the applicant were to move the building 16' to the east, would the site lose any parking. Director Hinzman noted that there is an additional 20-30 feet between the proposed parking area and the property line. Commissioner Alongi asked if the site would still meet parking levels were it to lose the 7 spaces along the east side of the parking lot. Director Hinzman stated that they would still meet parking requirements. Commissioner Twedt asked where the other locations of fire hydrants on North Frontage Road. Director Hinzman stated there were none as there is no water main along North Frontage Road. Commissioner Truax expressed concern that the City was encumbering the applicant by making them move the building to the east to be closer to the fire hydrant. Commissioner Truax questioned when hydrants would be added to the road. Chairman Anderson stated he feels the building should be sprinkled and doesn't see how moving the building helps the situation. He would prefer to see a water main added along North Frontage Road. Director Hinzman stated that in his looking at moving the building, it was from a site plan point of view - there is room on the lot, the applicant has stated that there is a possibility in the future for expansion, and there are some mature trees immediately west of the intended building location. Moving the building to the east leaves more room for expansion and preserves more of the mature trees. Mr. Langenfeld added that to add a hydrant to the site would require them to go into Highway 55, which he is doubtful that MnDOT would grant access to, or access a deep water main to the east of the site. Chairman Anderson asked where water service for the building was coming in. Mr. Langenfeld stated that the neighboring home, which is being purchased along with the lot to the east, has an existing 1' water service. The house will be removed as a part of the construction of this building, and service will be provided from that existing line. He also added that there will be no expansion on this site. Director Hinzman questioned the statement regarding expansion, seeing as how expansion areas were indication on initial plans. Mr. Langenfeld stated that it was only shown because they had they room. Mr. Slapnicher does not anticipate the need for a building expansion. Commissioner Greil asked if the applicant has any problems moving the building. Mr. Langenfeld stated that they do not; however extending a waterline from Westview Drive is prohibitive. Commissioner Hollenbeck suggested that the 4 spaces located on the angle be removed, to eliminate conflicts of vehicles coming around a corner and others backing out/pulling into spaces. Mr. Langenfeld stated that Mr. Slapnicher would like to keep the spaces due to a large number of staff working at the building, and wanting to have as many spaces for patients as possible. Planning Commission Action: Commissioner Twedt moved and Commissioner Michno seconded a motion to recommend approval of the rezoning from R-3 Medium-High Density Residential and A Agriculture to C-1 General Commerce to the City Council. Upon vote taken: Ayes: 7, Nays: 0. Motion carried. Staff included several conditions for the applicant to comply with prior to submitting the plans to the City Council. One of these conditions was to move the building 16' to the east. Commissioner Twedt, as a part of his motion, requested that that condition be removed. It was accepted by Commissioner Michno, who seconded the motion. Commissioner Twedt moved and Commissioner Michno seconded a motion to recommend approval of the Slapnicher Eye Clinic site plan to the City Council, subject to the following conditions: 1) Adherence to the attached Site Plan, Landscape Plan, and Architectural Elevations. 2) Direct access to Minnesota Highway 55 is prohibited. 3) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 4) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 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. 7) The sidewalk shall be maintained to provide year round emergency access. 8) Future additions to the west side of the building may require construction of a fire hydrant. 9) All waste enclosure areas shall be constructed with materials matching the primary building. 10) 11) 12) 13) 14) 15) 16) 17) 18) Designation of Delivery Truck routing and parking areas. Removal of all existing buildings before construction of the proposed office building. Removal and repair of the existing curb cut accessing the home at 1026 North Frontage Road. A photometric lighting plan must be submitted to showing foot candle illumination of the property, illumination levels are limited to 0.5 foot candles at the property line as required in the Zoning Code Waste enclosure details must be submitted before site plan approval and shall be consistent with the style, quantity and type of materials as the principal buildings. Monument signs shall be architecturally consistent with the buildings on site and incorporate similar materials into their construction. Any wells on site must be properly abandoned and sealed before construction of the office building can commence. The applicant must prepare a Tree Plan to identify significant trees for preservation to the satisfaction of the Planning Director and City Forester. Adherence to Minnesota Department of Transportation requirements. Upon vote taken: Ayes: 7, Nays: 0. Motion carried. Barton Sand and Gravel (Tiller Carp) Special Use Permit Renewal #2003-02 - Renewal of soil processing permit at 2445 County Road 54. Commercial Asphalt (Tiller Carp) - Special Use permit renewal #2003-03 - Renewal of Permit to operate an asphalt hot mix plant at 2445 County Road 54. Planner Jenson presented background information on both special use permit renewals. Chairman Anderson opened the public hearing for file #2003-02 at 7:35 pm. Hearing no comments from the audience, the public hearing was closed at 7:36 pm. Mike Caron, Barton Sand & Gravel representative, stated that there is no anticipated change in the volume from the past years. Commissioner Alongi inquired as to any changes in the conditions. Mr. Caron stated that the original conditions for approval are still in effect, as well as the added conditions from the EAW process. Planning Commission Action: Commissioner Greil moved and Commissioner Hollenbeck seconded the motion to recommend renewal of the soil processing special use permit for Barton Sand & Gravel (Tiller Corp), based on the following conditions: The conditions stipulated during the issuance of the 1987 special use permit are still in effect, including: 1. The site is to be restored, upon completion of the mining operation, pursuant to the plans provided to the City and dated August 23, 2000. 2. The earthen berms shall be immediately seeded with a native grass mixture after they are constructed. This native grass mixture shall be approved by the DNR. 3. The remainder of the site above the water table shall also be planted with native vegetation at the end of mining activities on the site. This native grass mixture shall be approved by the DNR. 4. The applicant shall plant native trees in the shore land impact zone that has been affected by historic farming practices (pre-mining) as part of the reclamation of this site. 5. The applicant shall retain and protect all the existing trees in the wetland and shore land impact zone. 6. The applicant shall not encroach upon any identified wetlands as identified on the "Wetland Classification Identification and Delineation Report" conducted by Svoboda Ecological Resources dated 9/20/01. The wetlands shall be marked with stakes in the field, prior to excavation near those areas. The stakes in the field shall be reviewed annually for visibility after excavation occurs in these areas. 7. The applicant shall stay at least 75 ft back landward from the ordinary high water level of the Vermillion River (Shore land Impact zone). The shore land impact zone shall be marked with stakes in the field, as identified on the 8/23/00 site plan, prior to excavation near those areas. The stakes in the field shall be reviewed annually for visibility after excavation occurs in these areas. 8. Any abandoned on-site wells shall be abandoned according to Dakota County Ordinance No. 114. 9. Salvage and waste materials located near the abandoned farm house in phase 1 shall be removed before mining can occur in this area. 10. Tiller Corporation shall notify the City Planning Department if any excavation of previously undisturbed areas reveals the presence of historic artifacts. 11. Operating hours are not to be in excess of 7:00 am to 5:00 pm Monday through Saturday except holidays. In addition, Tiller Corporation shall refrain from at all times using CSAH 54 and HWY 91 for hauling purposes between the hours of 5:00 pm and 7:00 am. In cases of emergency, Tiller Corporation may operate during hours other than those noted upon approval by the City Administrator or the Public Works Director. This special use permit can be revoked if the applicant is discovered working beyond these hours and does not have authorization to do so. 12. Tiller Corporation Company shall refrain from using West 10th Street between Trunk Highway 61 and Trunk Highway 55 for hauling purposes. 13. All accesses to this property shall be gated or chained to prevent unauthorized access to the site. Dakota County shall approve any new accesses. 14. Tiller Corporation shall continue in full force and affect an irrevocable bond or other form of security acceptable to the City in the amount of $75,000.00 for 15. 16. 17. 18. 19. 20. 21. 22. the estimated cost of restoring the site covered by the soil pursuant to City Code. Tiller Corporation shall provide to the City a Liability insurance policy or certificate of insurance from an insurance company authorized to write casualty insurance in the State of Minnesota as will protect the applicant, its agents and the city from claims for bodily injury, death or property damage which may arise from operations under the soil processing permit. The amounts of the insurance shall not be less than that which is required by the City Code. Vegetative Cover as required by the City of Hastings Storm Water Management Ordinance, shall be restored on the steeply sloped portions of the site, identified on the mining plans Appropriate erosion control measures as determined by the Public Works Director shall be undertaken to ensure establishment of vegetative cover on steeply sloped portions of the site where mining is complete according to the approved plan. Reclamation of each mining phase shall begin as part of the condition of moving on to the next mining phase. The applicant shall operate the facility with due regards to the rights of the easement holders on the property. Mining operations shall not conflict with pipelines and power lines as established within easements on the property. As applicable, the applicant shall be responsible for obtaining any water appropriations or dewatering permits required from the State DNR. The applicant shall follow the State's DNR well dispute resolution system set up to handle well interference problems. The applicant shall correct interference with existing wells by modification of pumping operations, replacing wells, or lowering impacted wells. The City of Hastings shall be informed of the results of the most recent inspection of the mining operation by the Mine Safety and Health Association. The applicant shall notify well owners within a one mile radius of the gravel pit the following item: 1. Contact name, address and phone number. The mining operation and plan shall be in compliance with the City's Floodplain Ordinance. Upon vote taken: Ayes: 7, Nays: 0. Motion carried. Chairman Anderson opened the public hearing for file #2003-03 at 7:40 pm. Hearing no comments from the audience, the public hearing was closed at 7:41 pm. Mr. Caron commented to the Commission that the hours planned for the asphalt plant would not change for the upcoming year. Commissioner Hollenbeck moved and Commissioner Alongi seconded the motion to recommend renewal of the hot mix asphalt plant special use permit for Commercial Asphalt (Tiller Corp), based on the following conditions: Expiration of the permit shall be December 31, 2003. All PCA requirements shall be met and all permits received before the operation of the plant. The site must be watered as necessary to control dust. 9. 10. Before commencing operation of the plant, the applicant shall provide the city with the necessary insurance certificates and a performance bond for $25,000. The site of the temporary asphalt plant shall be at an elevation of not less than 694 feet. This requirement includes that the bottom of the spill basin shall also be at an elevation of not less than 694 feet. The aggregate stockpile shall be maintained as shown on the site plan for screening purposes. Also, it is strongly encouraged that the stockpile be wrapped around the front of the site as much as possible to provide effective screening. That all requirements of the city code concerning temporary asphalt plants be attached as conditions for permit approval and be adhered to by the applicant. The applicant shall file with the local fire authority a material safety data sheet for a flammable combustible liquid storage permit. That conditions for approval be strictly enforced. Hours of operation shall be from 6:00 am to 5:00 pm; however no hauling may begin before 7:00 am. Upon vote taken: Ayes: 7, Nays: 0. Motion carried. 6. City of Hastings - Ordinance Amendment #2003-05 to amend Chapter 10, Section 10.08 of the City Code (Signs). Director Hinzman presented background information on the item. Chairman Anderson opened the public hearing at 7:44 pm. Hearing no comments from the audience, the public hearing was closed at 7:45 pm. Commissioner Alongi asked for history on this particular language. Planner Jenson stated that when the sign ordinance was revised in 2001, several Councilmembers expressed concern that Treasure Island was placing signs around the City advertising their business. One particular case involves a residential home that is zoned commercial, thus allowing the property owner at that time to erect a 20' high sign advertising Treasure Island. Commissioner Twedt expressed concerns with infringing on free speech. Planning Commission Action: Commissioner Alongi moved and Commissioner Michno seconded a motion to recommend approval of the ordinance amendment deleting Chapter 10.08 Subd. 2(j) "No off-premise signs permitted." of the Zoning Code to the City Council. Upon vote taken: Ayes: 7, Nays: 0. Motion carried. Landform Engineering - Variance #2003-04 - Directional Signage - Wendy's Restaurant- 1316 South Frontage Road. Planner Jenson presented background information on the request. Rick Janssen, representative of Wendy's, stated that the standard sign sizes for Wendy's is very close to the sign size allowed by code, and feels that the variance is a reasonable request. Commissioner Alongi asked if the proposed signs are the standard signs used at all Wendy's restaurants. Mr. Janssen stated that they were. Chairman Anderson clarified that the variance was for the size of the sign itself and not the height. Commissioner Greil did add that he feel the site needed some directional signage. Planning Commission Action: Commissioner Michno moved and Commissioner Truax seconded a motion to recommend denial of the directional sign variance to the City Council, based on the fact that the applicant has not demonstrated a hardship in following the code. Upon vote taken: Ayes: 7, Nays: 0. Motion carried. Adjournment With no further business, the meeting was adjourned at 8:02 pm.