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HomeMy WebLinkAbout09/22/03HASTINGS PLANNING COMMISSION September 22, 2003 Regular Meeting 7:00 pm Chairman Anderson called the meeting to order at 7:03 pm. 1. Roll Call Commissioners Present: Alongi, Anderson, Greil, Hollenbeck, Schmitt, Truax, and Twedt. Commissioners Absent: None Staff Present: Planning Director John Hinzman. 2. Approve September 8, 2003 Planning Commission Minutes Motion by Commissioner Truax, seconded by Hollenbeck to approve the minutes of the September 8, 2003 Planning Commission as presented by staff. Motion passed unanimously. Camegaran, LLC. - SCHOOLHOUSE SQUARE 2ND ADDITION Rezoning, Preliminary Plat, and Final Plat #2003-63- Rezone property from R-2, Medium Density Residence to C-3, Community Regional Commerce; Preliminary and Final Plat to create one commercial lot and outlots for future development - Vermillion & 9th Streets. Director Hinzman presented background information on the request. Chairman Anderson opened the public hearing. No comments from the public were received. Chairman Anderson closed the public hearing. Commissioner Alongi asked for clarification on the extent of the rezoning, the nature and status of opposition by neighboring property owners and questioned the timing of the plat in relation to 9th Street not being vacated. Paul Swanstrom, owner of 807 Vermillion Street, stated he had submitted a letter in opposition to the vacation, but has since come to an agreement with access to his property; things have been ironed out to his satisfaction. Commissioner Truax asked about the status of the existing encroaching garages. Patrick Regan, Camegaran, LLC, stated the garage at the Jarchow home (formerly located at 821 Vermillion Street) would be moved to 8th Street; the Rother garage would also be relocated; and the Radke and Teuber garages would remain where they are. Planning Commission Action: Commissioner Alongi moved and Commissioner Greil seconded a motion to recommend approval of the Rezoning as presented, subject to approval of the Preliminary and Final Plat Upon vote taken: Ayes: 7, Nays: 0. Motion passed. Planning Commission Action: Commissioner Truax moved and Commissioner Hollenbeck seconded a motion to recommend approval of the Preliminary and Final Plat as presented, subject to the following conditions: 2) 3) 4) 5) 6) 7) 8) 9) 10) Securing ownership of all properties proposed as SCHOOLHOUSE SQUARE 2ND ADDITION, or consent of all property owners to the satisfaction of the City Attorney. Securing approval of the vacation of 9th Street within the proposed plat. Approval of the Preliminary Plat does not obligate the City to vacate 9th Street. Cash in lieu of land in the amount of $2,640 (1.76 acres at $1500 per acre) shall be paid for park land dedication prior to release of the final plat mylars for recording. Sewer interceptor fees in the amount of $3,432 (10.56 services at $325 per service) before release of the final plat mylars. All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. Development of the platted outlots shall be prohibited until replatted as lots of record. Blanket drainage and utility easements shall be recorded against all outlots, unless they are further delineated to the satisfaction of the Public Works Director. All streets, drives and utilities within the plat of Schoolhouse Square 2nd Addition shall be privately owned and maintained. The City of Hastings will not assume any ownership or liability of infrastructure within Schoolhouse Square. The center median of Vermillion Street between 8th Street and 10th Streets must be reconfigured to close full access at 9th Street, and eliminate the left turn lane to 9th Street from southbound Vermillion Street. All costs associated with reconstruction and reconfiguration of the median shall be the responsibility of the applicant. 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. b) A provision for the formation of a property owners association or corporation and that all owners must be members of said association (c) (d) (e) (f) (g) 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. Membership in the association shall be mandatory for each owner and any successive buyer. Any open space restrictions must be permanent and may not be changed or modified without city approval. The association is responsible for liability insurance, local taxes and the maintenance of the open space facilities deeded to it. 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. The association may adjust the assessment to meet changing needs. 11) 12) 13) 14) 17. 18. 19. Final approval of the grading, drainage and utility plans by the Public Works Director. The owner assumes all risks associated with the grading and utility placement prior to formal approvals. The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. Further exactions may be required as a condition of replatting outlots. That the final plat is subject to MNDOT approval and that the Developer shall incorporate any MNDOT's comments into the final plat. 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. Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy. 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: 0. Motion passed. 4. Other Business Director Hinzman provided an update on past and future actions Adjournment With no further business, the meeting was adjourned at 7:30 pm. Respectfully submitted, John Hinzman Recording Secretary