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HomeMy WebLinkAbout5/11/10 Planning Commission Minutes Regular Meeting May 11, 2010 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty, Bonar, Vanderbeck, Franceschelli Members Absent: Kuyper Also Present: Tony Wippler - Assistant City Planner 2. Approval of Minutes a) April 13, 2010 Regular Meeting Minutes MOTION by Franceschelli, second by Vanderbeck to approve the minutes. APIF, MOTION CARRIED. 3. Public Hearings a) Interim Use Permit for an Off-Premises Directional Sign - 18556 Pilot Knob Road Applicant: Ryland Homes 7599 Anagram Drive Eden Prairie, MN 55344 Ryland Homes is seeking an interim use permit for a twenty four (24) square foot sign to be placed at the southeast comer of the intersection of Elk River Trail and Pilot Knob Road. The setback on Pilot Knob Road is fifty feet and the setback required for Elk River Trail is twenty feet. At this time the applicant has not applied for a variance to the required setbacks with regard to the sign's location. Staff is recommending a termination date for the interim use permit of two years from the date of Planning Commission approval, May 11, 2012, or the date that the last remaining lot owned by Ryland in the Meadow Creek subdivision is sold, whichever occurs first. The applicant has expressed that they hope to be done constructing in the subdivision by March of2011. Staff is recommending approval with the following contingencies: 1. The applicant obtains a sign permit prior to the installation of the sign. 2. The applicant coordinates with all small utility companies that may have services located in the area to ensure that the sign is not affecting those services. 3. The interim use permit shall terminate on May 11, 2012, or on the date that the last remaining lot owned by Ryland Homes is sold, whichever occurs first. Commissioner Bonar asked if this situation is unique, or if the same hardship applies to all of the developments that are occurring. Assistant City Planner Wippler stated that he feels that Meadow Creek is unique in that there is no obvious direct route to the subdivision that a person unfamiliar with Farmington would be able to find. He stated that there a couple of other developments that face this same hardship. Commissioner Bonar asked if Ryland Homes puts out open house signs on the weekends directing potential buyers to their lots. Staff stated that they do not know if Ryland does this or not, but whoever is staffing the model home may be putting signs out. Commissioner Vanderbeck stated that he does not see how the limited area that they are allowed to put the sign in actually helps advertise for them. He does not feel that you will be able to see the signs from Pilot Knob Road. Commissioner Franceschelli stated that he is having difficulty with this request. Chair Planning Commission Minutes May 11,2010 Page 2 Rotty stated that there has been a precedent in the pasfto allow off premises directional signs to assist developers in selling their properties . He would also question the benefit that the applicant is going to get from the sign in the allowed locations, but that is up to the applicant. He stated that to place it elsewhere would require a variance and he would have concerns with approving a variance when there is already a variance for the permanent sign that is located on the property. He stated that he would not have an issue with approving the permit. Commissioner Bonar stated that he would have concerns about an additional variance as well. MOTION by Franceschelli, second by Bonar to close the public hearing. APIF, MOTION CARRIED. MOTION by Bonar, second by Vanderbeck to approve the interim use permit with the recommended contingencies. VOTED FOR: Bonar, Rotty, Vanderbeck, VOTED AGAINST: Franceschelli, MOTION CARRIED. b) Conditional Use Permit to allow a commercial daycare center within the B-2 (Downtown Business) Zoning District - 115 Elm Street. Applicant: Rising Stars Preschool, LLC Laura Mitchell 20299 Hunter Ct. Lakeville, MN 55044 The applicant has requested a conditional use permit to operate a child daycare in the B-2 zoning district, specifically in the northernmost unit in the strip center located across from Econo Foods in the City Center Development. The center would occupy approximately 1,890 square feet of that area. The daycare would cater to children 31 months to five years of age. There will be structured preschool program as well as learning areas for the children. Based upon building code requirements there will be less than 29 children in the daycare at any given time. If the enrollment were to increase above 29 children there would be additional building code requirements including sprinkling of the building. She will also be offering drop in daycare on an hourly basis during normal business hours for members of the American Fitness Center also located in the City Center Development. The normal business hours will be 7:00 a.m. to 5:30 p.m. Monday through Friday, and she will be open one Saturday per month. There is a proposed fenced in outdoor play area which would be 30'x50'; it would be located on the grass area between the rear of the building and the railroad tracks. There is a 20 foot wide drainage and utility easement that runs through that area. This is similar to the situation that occurred with the play area of the new Anna's Banana's building. This was handled via an encroachment agreement that allowed the utilities to be maintained or repaired if needed. A similar agreement would be requested for this property if the CUP were to be approved. Parking is adequate for the use and there are no parking requirements in the B-2 district. The building official has requested that a condition be placed upon approval to require that the applicant submit her state licensing information to the City. Staff is recommending approval of the conditional use permit contingent upon the following: 1. A sign permit application shall be required for any signage to be placed on site. 2. The applicant submits state licensing to the City's Building Official. 3. The applicant obtains all necessary building permits if any, that may be necessary for the proposed use. Planning Commission Minutes May 11, 2010 Page 3 4. The property owner and applicant enter into an encroachment agreement with the City regarding the play area encroaching into a drainage and utility easement. 5. A layout of the play area shall be submitted to the City for fmal approval. Ms. Laura Mitchell stated that she is looking forward to coming into the community and feels that a nice all day long preschool would be a benefit to the community. Mr. Mike Richardson, 35 Elm Street, asked if there were going to be signs to help the children cross safely to the playground area due to the delivery traffic that uses the back side of the building. Ms. Mitchell stated that there will be a gate and it will be monitored by an adult at all times but they could also look into signage. Chair Rotty stated that this will possibly create some potential safety concerns. Ms. Mitchell stated that there will be two adults taking the children across to the play area. Per the state regulations the play area does not have to be adjacent to the center. Commissioner Vanderbeck asked what kind of material the fence is going to be. Ms. Mitchell stated that it will be galvanized four foot chain link. Chair Rotty asked if a five year old could scale that height of fence to climb over it. Ms. Mitchell stated that she is comfortable with the four foot high fence. Commissioner Franceschelli asked if there has been any thought given to the effect of the noise of the train whistles on the children's ears. Commissioner Bonar asked what licensing agency has jurisdiction over her business. Ms. Mitchell stated that it is the Department of Human Services. He asked if they have norms established for a non-adjacent play area. Ms. Mitchell stated that they allow a play area to be across a street if necessary. Commissioner Bonar stated that he shares some of the concerns that have been raised. He asked what the height of the fence is at Anna's Bananas is; staff stated that the fence there is six feet high. He stated that he is not overly comfortable with the four foot fence height. Ms. Mitchell stated that she could definitely look at installing a six foot fence. Commissioner Bonar stated that he is also in favor of additional signage for delivery drivers or others who are used to driving through the area. Chair Rotty asked Ms. Mitchell to clarify that the maximum is 29 children at any given time regardless of if they are all day or drop in care. Ms. Mitchell stated that is correct. Chair Rotty asked if restroom facilities in the building are sufficient for both the children and the adult workers. Ms. Mitchell stated that there are two and there is one required per 15 people. Chair Rotty reiterated that the safety of the children accessing the play area is a concern of the commissioners and hoped the applicant and the property owner would take extra precautions. Commissioner Franceschelli suggested that because this is not a drive through alleyway, perhaps a post and chain type structure that requires unlocking might be a possible solution. Chair Rotty stated that since the owner of the property is present he feels confident that he has heard the commissioners concerns and will address any safety issues. The property owner asked if a five foot fence would be acceptable rather than a six foot fence. Mr. Tom Wartman stated that he does not feel that the six foot fence is necessary. He would definitely be in favor of additional signage. He feels that these precautions would be adequate and if there need to be additional steps they would be monitoring how the situation is working and would make adjustments as necessary. Commissioner Bonar suggested that the property owner post private property signs on the fence to prevent unauthorized use after hours. Commissioner Vanderbeck stated that many of the companies that are making deliveries probably have a safety department that could be Planning Commission Minutes May 11,2010 Page 4 notified about the daycare opening. Chair Rotty asked staff if they felt that there should be additional conditions that should be put on the CUP or if that is overstepping their boundaries. Staff stated that based upon what he has heard, putting a condition on the CUP requiring additional signage would be appropriate. Staff stated that there has to be a plan submitted for the play area so he does not feel that private property signs on the fence need to be a condition. MOTION by Vanderbeck, second by Bonar to close the public hearing. APIF. MOTION CARIED. MOTION by Vanderbeck, second by Bonar to approve the conditional use permit with the 5 contingencies. APIF, MOTION CARRIED. 4. Discussion a) Update on Floodplain Rate Map Panels (verbal update). Staff stated that last month the commission approved updates to the floodplain map panels, however, FEMA has rescinded those maps and therefore the City of Farmington has rescinded their ordinance and the entire process must begin again. It will be roughly one year before new maps are received. 5. Adjourn MOTION by Vanderbeck, second by Bonar to adjourn. APIF, MOTION CARRIED. Approved Lisa Dargis Administrative Assistant