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HomeMy WebLinkAbout03.12.91 Planning Packet1. CALL TO ORDER 2. APPROVE MINUTES a. February 12, 1991 AGENDA PLANNING COMMISSION REGULAR MARCH 12, 1991 3. PUBLIC HEARING 7 :00 P.M. Request from Gerald Pribyl, 19367 Eureka Court, to Discuss a 6" Side Yard Variance 4. DISCUSSION Sketch Plan for a One Lot Subdivision to Enable the School District to Proceed with Construction of New Middle School 5. DISCUSSION Citizen Request to Establish Teen Center Within the B -1 Limited Business District 6. DISCUSSION Citizen Request to Establish a Day Care Facility Within a Duplex in the R -2 Medium Density District 7. DISCUSSION Proposed Amendment to the Zoning Ordinance Regarding Building Coverage, Garage Sales and Display of Vehicles for Sale 8. DISCUSSION Location of 500 Foot FM Radio Tower Within Section 13 9. ADJOURN 1. CALL TO ORDER 2. APPROVE MINUTES February 12, 1991 3. PUBLIC HEARING 7:00 P.M. Request from Gerald Pribyl, 19367 Eureka Court, to discuss a 6" side yard variance. This request was generated by the City Building Official who noticed a deck in place without any permit. In measuring the property, he discovered that the deck extended 6" into the required side yard. While the Planning staff has had no direct contact with the owner, it appears from the survey which was submitted with the request that there may have been some confusion about the difference between drainage and utility easments and side yards required by zoning. From a practical point of view, the 6 inch difference in setback does not appear to make a great deal of difference to the promotion of public health, safety and general welfare of the community. When adopted, the City Council determined that 6 feet is the lowest common denominator for both side and rear yards, leaving a minimum of 12 feet between structures. Another distance could have been selected but was not. The question for the Commission to decide is whether or not a six inch variance will establish a precedent that will encourage other landowners to request similar or larger variance requests. To date, Farmington has been reasonably consistent with its setback enforcement. Recommendation 4. DISCUSSION AGENDA REPORT PLANNING COMMISSION REGULAR MARCH 12, 1991 Try to determine from the landowner if, indeed, there is a hardship that will not lead to a precedent of 5i foot side yards. Sketch Plan for one lot subdivision to enable the School District to proceed with construction of a new middle school. The architect for the School District has visited with staff regarding platting re- quirements and will soon be ready to request a public hearing on the preliminary plat. The location is the former Nordseth property north of the intersection of Akin Road and Trunk Highway 50. The northeast corner of that intersection has been designated planned commercial in the proposed draft of the revised Comprehensive Plan. The major planning consideration for this plat is to be assured that the public east /west street which will provide the only access to the school site is wide enough to accommodate the collector street designed to link County Road 66 in Empire Township with 202nd Street in Lakeville. The School District needs direct access reasonably soon, whereas the City need is a long range proposition. The project will be assessed against benefitted property with the City involved in an as yet to be determined share of the improvement cost. Recommendation Encourage the architect to submit material early enough to provide turn around time for responses from various agencies prior to a public hearing during the regular meeting in April. 5. DISCUSSION Citizen request to establish a Teen Center within the B -1 Limited Business District. An inquiry as to where in Farmington would it be possible to locate a Teen Center pro- vided no specific area or district. Section 10 -6 -8 of the Code indicates that recrea- tional assembly places such as dance halls and night clubs need one parking space for every 50 square feet of floor space. This suggests that someone believed that such uses might be possible without designating an actual location. Similar uses are handled as permitted uses in the downtown area or B -2 General Business District under the heading of clubs. Clubs are also permitted uses in the B -1 Limited Business District. This is how both the Legion and VFW are located where they are today. It should be possible, therefore, to recommend the addition of recreational assembly places as con- ditional uses in both the B -1 and B -2 Business Districts. Mary Bacak, 18090 Emeral Trail will be in attendance to outline what she has in mind. Ms. Bacak has selected the Farmington Mall as the location of the proposed Teen Center. Recommendation Direct staff to prepare an ordinance amendment which addresses recreational assembly places. 6. DISCUSSION Citizen request to establish a Day Care Facility within a duplex in the R -2 Medium Density District. A non- resident has asked staff about the requirements for Day Care Facilities within Farmington. The concept as presented is to purchase an up and down duplex and use the lower floor for day care only. In researching the ordinance it became clear that the City Code does not comply with the State legislation on Day Care. The Farmington or- dinance is more restrictive than it can be and there are many Day Care Facilities in the City that the staff is not aware of. Adopting regulations that comply with State statutes will eliminate an awkwardness that now occurs when inquiries are made about City regulations. Recommendation Decide upon a number of housekeeping and other changes that are necessary and forward them to the City Council. So far, the staff has not worked on the request for a change in the ordinance regarding setbacks for 2 story accessory structures. 7. DISCUSSION Proposed amendment to the Zoning Ordinance regarding building coverage, garage sales and display of vehicles for sale. Dig out the proposed amendment and pencil in recommended changes. This ordinance can accompany other changes recommended, but staff needs some direction. 8. DISCUSSION Location of 500 foot FM radio tower within Section 13. Staff met with Mr. Tom Lijewski and Mr. Rolfe Larson of Southern Twin Cities Area Radio, Inc. regarding a potential site for an FM radio tower within the approved search area identified on the enclosed maps. The communities involved include Rosemount, Farmington, Lakeville and Empire Township. Within Farmington the only appropriate location would appear to be within the NWi of Section 13. There are a number of problems to consider, including a clarification from the DNR about placing a radio tower and transmitter within the F -3 General Flood Plain. The Zoning Ordinance indicates that radio towers may be authorized as an exception to the height limits, but it fails to indicate any district in which they may be placed as a permitted or conditional use. Elsewhere in the City Code reference is made to a municipal antenna site but does not provide much detail as to where this might be. Southern Twin would like to be in such a location because of rental opportunities. One major consideration is what impact the new airport search area will have on such a facility. Another is the reaction resi- dents of Dakota County Estates will have to such a facility. The Federal Communication Commission has issued a construction permit to Southern Twin and expects that the station will be in operation within the next 12 to 18 months. A determination has not been made as to the location of a studio. Similar presentations are being made in other communities within the search area. Recommendation Provide the radio station with a response that will help guide their future deliberation and indicate to staff if work should be done to clarify the City Code. Charles Tooker Planner