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April 14, 2003
Regular Meeting
7:00 pm
Chairman Anderson called the meeting to order at 7:01 pm.
1. Roll Call
Commissioners Present: Alongi, Anderson, Greil, Hollenbeck, Truax, and Twedt
Commissioners Absent: Michno
Staff Present: Planning Director John Hinzman, Associate Planner Kris Jenson
2. Approve March 24, 2003 Planning Commission Minutes
Motion by Commissioner Alongi, Second by Hollenbeck to approve the Minutes of the
March 24, 2003 Planning Commission as presented by staff. Motion passed
unanimously.
Ali, Abdifatah S -Special Use Permit #2003-23 - Operation of an Auto Service
Station in the C-3, Community Regional Commerce District- 1501 Vermillion Street
(Former Jiffy Gas Station).
Director Hinzman provided background information on this item.
Chairman Anderson opened the public hearing at 7:08 pm.
Steve Linn, owner of 1500 Vermillion Street (Holiday Gas Station) and 1510 Vermillion
Street (Goodyear), stated that he had an extensive investment in the property across the
street from 1501 Vermillion Street, and that he was required to do a great number of things
through the approvals process. Some of these items included proof that a semi can get in an
out of the site, handicap accessibility of the building, brick on the building, etc. Mr. Linn
doesn't feel that his property value is being protected, as the same standards aren't being
applied.
Lee Wesolowski, representative of 1511 Vermillion Street, Questioned the tanks on the site,
adding a noise barrier to the south, fence details, and concerns about headlights shining into
the home at 1511 Vermillion Street.
Glen Bower, manager of the Goodyear store at 1510 Vermillion Street, stated that he
receives many comments about the former Jiffy station across the street and he is
concerned with the appearance of the corner.
Sheila Delaney, representative of the owner, stated that she was working closely with Mr.
Ali, the applicant, and that they were willing to work closely with the neighbors to develop a
site that would compliment the intersection.
Abdifatah Ali, applicant, stated that he is a small business owner and not a part of a large
corporation, and that he would like to be a good neighbor to the other businesses. He stated
that he currently manages a business in Minneapolis with his family.
Hearing no further comment, the public hearing was closed at 7:17 pm.
Commissioner Alongi asked about regulation regarding how large of a vehicle can visit a
site.
Mr. Linn stated that he was referring to delivery vehicles.
Director Hinzman stated that it is up to the site to ensure that proper radii are in place to
allow for delivery vehicle access.
Commissioner Alongi questioned the neighbors if they felt their property was better off with
the site left as is.
Mr. Linn stated that he assumed the site would be redeveloped, not just repainted.
Mr. Wesolowski added that he also felt the site would be redeveloped.
Commissioner Alongi then questioned what the tank regulations are.
Director Hinzman stated that the state regulations changed a couple of years ago to require
all tanks to be double walled. The tanks existing on site do not meet current regulations and
would have to be removed and replaced prior to a business opening on that site. He added
that the City Fire Marshall could better speak to that issue.
Mr. Linn added that the MPCA (Minnesota Pollution Control Agency) would do an inspection
and order clean-up.
Chairman Anderson stated that the tanks should have been removed within a year of the
law change. Obviously that didn't happen, but it will happen as a part of this process. New
tanks will be put into place, soil samples will be taken, and remediations will be done as
necessary.
Commissioner Greil asked if handicap accessibility applied to this site.
Director Hinzman stated that issues relating to handicap facilities are under the purview of
the Building Official, and he would make that determination.
Ms. Delaney added that a facade improvement is planned, as they have done wth other
sites, and reiterated that they would like to work with the neighbors and City Staff to improve
the site.
Mr. Linn stated that he would like to see pictures of site that have been redone.
Commissioner Truax asked where the garbage dumpster would be located.
Director Hinzman stated that there were several possible locations.
Commissioner Truax suggested that perhaps tabling the item would be a good idea.
Commissioner Twedt asked how long the site had been closed.
Mr. Linn stated that the site closed 2-3 years ago. (Staff note: The site closed in December
1998.)
Commissioner Twedt asked if there were any planned changes to the building.
Chairman Anderson added that as long as the occupancy stayed the same, there is not a lot
of additional review that can be done.
Director Hinzman reminded the Commission that this was a special use permit review, not a
site plan review.
Commissioner Twedt felt the discussions were premature and that the special use permit
should be tabled until a site plan could be brought forth.
Chairman Anderson stated that it is out of line for the Commission to review site plan items
when the request is for a special use permit, as well as to ask a business to work with it's
competitor on acceptable site improvements. The buildings at 1500 and 1510 Vermillion
Street were new construction, and different codes apply to that situation than do this one.
Commissioner Alongi asked the applicant if he would like to add a canopy at some point -
perhaps before the business re-opens.
Ms. Delaney stated that they would come forward with a site plan review when they were
prepared to add the canopy, but at this point they would like the request to move forward.
Mr. Wesolowski asked if a canopy would change the lighting on the site.
Ms. Delaney stated that it would, and asked the neighbor what type of fencing they would
like to see between the properties.
Chairman Anderson suggested that a condition be that the applicant works with the
neighbor to find an acceptable fence for that area.
Director Hinzman stated that one of the requirements is for a 6' high opaque fence in that
area.
Commissioner Alongi expressed concern that a future site plan review could have impacts
on the changes required with the special use permit.
Director Hinzman stated that the future addition of a canopy could have an impact on the
parking lot.
Commissioner Greil added that the fence is required, but the style is adaptable to the site.
He also acknowledged that lighting will probably be an issue onthsi site, but that he does
support the special use permit.
Commissioner Alongi concurred with Commissioner Greil.
Planning Commission Action:
Commissioner Greil moved and Commissioner Alongi seconded a motion to
recommend approval of the special use permit for 1501 Vermillion Street, subject to
the following conditions:
Approval of the special use permit is recommended subject to the following conditions:
1) Removal and replacement of the existing underground fuel storage tanks in
conformance with state regulations.
2)
Access to 15th Street shall be reduced to 32 feet and be aligned with the entrance
to Great Clips located at 1421 Vermillion Street.
3)
Parking stalls must be delineated and striped to meet minimum requirements.
Based on a 404 square foot building, 3 spaces are required.
4) The existing parking lot must be resurfaced to meet minimum surfacing
requirements as stipulated in the Zoning Ordinance
5)
A trash and recycling enclosure must be constructed. The enclosure must be
enclosed on all four sides, and be constructed with materials to match the primary
building
6)
Fencing shall be installed along the south side of the property to adequately screen
activities from the abutting southern property at 1511 Vermillion Street
7)
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
8)
The existing pylon sign at the corner of 15th and Vermillion Street must be
removed, and cannot be used for signage purposes.
9)
Monument signs shall be architecturally consistent with the buildings on site and
incorporate similar materials into their construction.
10) Adherence to Minnesota Department of Transportation requirements.
11)
Boulevard trees must be planted at spacings of no less than 50 feet along all public
right-of-ways. Boulevard trees must be deciduous and at least 2.0 caliper inches at
planting.
12)
Shrub plantings are needed to shield headlight views to the south of the site.
Shrubs must be planted at a density great enough to provide for a continuous plant
mass.
13) Approval is subject to an annual review of conformance to the provisions of the
special use permit.
14)
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: 0. Motion passed.
Camegaran, LLC - Minor Subdivision #2003-26 - Subdivide three lots from the
former Middle School Site (Schoolhouse Square) - Northwest of 10th and Ramsey
Streets.
Director Hinzman provided background information on the project.
Chairman Anderson opened the public hearing at 7:44 pm. Hearing no comments from the
public, the hearing was closed at 7:45 pm.
Planning Commission Action:
Commissioner Truax moved and Commissioner Twedt seconded a motion to
recommend approval of the minor subdivision for Schoolhouse Square, subject to the
following conditions:
Upon vote taken: Ayes: 6, Nays: 0. Motion carried.
City of Hastings - City Code Amendment #2003-31, Chapters 10 and 11 (Zoning
and Subdivision).
Director Hinzman presented background information on the request.
Chairman Greil opened the public hearing at 7:50 pm. Hearing no comment from the
audience, the hearing was closed at 7:51 pm.
Director Hinzman added that much of what is being proposed is already in department
policy. An open house is being held on Thursday, April 17th from 1 - 3 pm for interested
parties.
Planning Commission Action:
Commissioner Hollenbeck moved and Commissioner Greil seconded a motion to
recommend approval of the proposed Ordinance Changes in Chapters 10 & 11 as
presented, to the City Council.
Upon vote taken: Ayes: 6, Nays: 0. Motion carried.
Lyman Development Co. - Final Plat #2003-27 - Century South 5th Addition
consisting of 12 single family lots and one outlot - Olson Drive north of Greten Lane.
Planner Jenson presented the background information.
Commissioner Alongi asked if there was any new progress on the road connections in the
area of this plat.
Director Hinzman stated that both 36th St & 31st St are in the CIP and design work is being
done now.
Commissioner Truax added that he was voting no due solely to the lack of road
connections.
Planning Commission Action:
Commissioner Twedt moved and Commissioner Hollenbeck seconded a motion to
recommend approval of the final plat for Century South 5th Addition to the City
Council, subject to the following conditions:
The applicant shall be required to pay $325.00 per unit interceptor sewer charges, prior
to the city releasing the final plat hardshells. The interceptor sewer charge for this project
totals $3,900.00 for 12 units.
2. That the landscaping be planted according to the approved landscaping plan on file at
City Hall.
3. Any Outlots shall be re-platted before they can be developed.
4. Establishment of a homeowners association to maintain all common open space areas.
The homeowner's association documents shall be recorded as a part of the Final Plat.
5. The disturbed areas of the site shall be maintained to the requirements of the City's
property maintenance ordinance
6. 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.
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 prior to issuance of any building permits.
8. Any uncompleted site work (including landscaping) must be escrowed for prior to
issuance of a certificate of occupancy.
9. Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to
issuance of certificate of occupancy.
10. 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.
Upon vote taken: Ayes: 4, Nays: 2, Alongi & Truax dissenting. Motion carried.
Groskopf, Brian. - Variance #2003-29 - Vary From the Minimum Sideyard Setback
to Construct a Garage Addition - 1210 Lyn Way.
Planner Jenson presented background information on the request.
Commissioner Alongi questioned which of the variance criteria applied to this situation.
Planner Jenson stated that letter C applied, because the home was built prior to the current
code requirements.
Director Hinzman added that letter D, holding the applicant to the code denies him
reasonable use of the property commonly enjoyed by others.
Planning Commission Action:
Commissioner Alongi moved and Commissioner Twedt seconded a motion to
recommend approval of a 2.5' side yard variance for 1210 Lyn Way to the City
Council, based on the following findings of fact:
Most within the same zoning district in the immediate area of the subject parcel have
been constructed at similar setbacks, and the proposed additional would not
encroach any further into the sideyard setback than the existing garage. A literal
interpretation of the City Code would deprive the applicants of rights commonly
enjoyed by other properties in the same district.
Upon vote taken: Ayes: 6, Nays: 0. Motion carried.
Lawrence Builders. - Site Plan #2003-28 - Construction of a 30 Unit Condominium
Building- 875 Bahls Drive.
Director Hinzman passed background information on the request.
Commissioner Alongi asked about an expansion of the parking lot landscaping area.
Director Hinzman stated that there is nothing in the ordinance to require it.
Dan Tilsen, engineer for the project, stated that the north property line is adjacent to the
Lawrence Office Building, which has extensive landscaping including a berm. The requested
5' additional landscaping area would come out of the area around the building, as the
parking lot is as narrow as is allowed.
Director Hinzman stated that he would go out and look at the site and check on the berm
and landscaping.
Commissioner Greil added that since the office building is to the north, he'd prefer to keep
as much green space around the building as possible.
Planning Commission Action:
Commissioner Greil moved and Commissioner Alongi seconded a motion to
recommend approval of the site plan to the City Council, subject to the following
conditions and outstanding items:
1) Adherence to the attached Site Plan, Landscape Plan, and Architectural Elevations.
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.
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) All rooftop equipment shall be screened by a parapet wall.
6)
All waste enclosure areas shall be constructed with materials matching the primary
building.
7)
All parking and drive aisle areas shall be constructed to city standards including
concrete curb and bituminous surfacing.
8)
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
9)
Monument signs shall be architecturally consistent with the buildings on site and
incorporate similar materials into their construction.
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 prior to issuance of any building permits.
11)
Any uncompleted site work (including landscaping) must be escrowed for prior to
issuance of a certificate of occupancy.
12)
Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to
issuance of certificate of occupancy.
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.
Outstanding Items:
1) Architectural elevations for the garages and waste enclosure building must be
submitted prior to City Council Review.
2) Colored elevations and complete list of building materials must be included with
drawings prior to City Council Review.
3)
Architectural elevations must be submitted to conform to Waste Enclosure
requirements. All Waste enclosures must be fully enclosed with exterior materials to
match the primary building
4)
Shrub plantings are needed directly south of western drive aisle terminus (between
the two 8 unit garages) to shield headlight views. Shrubs must be planted at a
density great enough to provide for a continuous plant mass.
5) Deciduous trees (minimum 2.0 caliper inches) must be planted along the north
property line every 50 feet.
6) Expansion of the planting area on the north side of the parking lot from 5 feet to 10
feet in width is strongly recommended to increase planting viability.
7)
Completion of Grading, Drainage, and Erosion Control Plan, and Utility Plan review
by the City's consultant engineer. Review comments shall be addressed to the
satisfaction of the Public Works Director before approval by the City Council.
8) All Revisions must include 10 reduced (11 x 17) and 3 full size sets, sorted and
stapled.
9) Revisions must be received by the Planning Department no later than ten days
(typically a Friday) prior to City Council Action
Upon vote taken: Ayes: 5, Nays: 0, Twedt abstain. Motion carried.
9. Other Business
Director Hinzman provided an update of City Council actions and upcoming planning items.
Adjournment
With no further business, the meeting was adjourned at 8:13 pm.
Respectfully submitted,
Kristine Jenson
Recording Secretary