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HomeMy WebLinkAbout10.19.82 Planning PacketAGENDA PLANNING COMMISSION REGULAR OCTOBER 19, 1982 1. Minutes of September 21, 1982. 2. 7:30 P.M. Continued Public Hearing, Moench request for Special Exception. 3. Receive Recommendation; Parkland donation in R -4 zoning districts. 4. Consider Petition of Helen Nordseth to rezone Outlot J, Riverside Addition from R -3 to B -1. 5. Consider Request for Home Occupation Roger Ader, 20135 Akin Road, Greeting Card business. 6. Consider Petition of John Devney to rezone certain lands from I -1 and R -1 to A -1 in Section 14 and Section 25. PLANNING COMMISSION AGENDA REPORT REGULAR MEETING OCTOBER 19, 1982 2. Continuation Public Hearing Darrell Moench Special Exception. The Storage Building was knowingly constructed without benefit of a building permit. The City Attorney has stated that the ordinance does not permit structures as special exceptions in the floodway if they result in an increase in the stage of the regional flood. He stated further that there is litigation ongoing, brought by the City which charges that the landowner: (a) began without a permit, (b) was ordered to cease construction by the building inspector, but completed the buiding anyway, (c) constructed a structure in the floodway. David Leuthe, Hydrologist for the Department of Natural Resources has said that the structure is located in the floodway and does cause a stage increase and "places it in violation of local, state and federal standards." Recommendation: Section 2- 4 -4(G) 7. of the City Code says in part: "If the proposed temporary or permanent fill, equipment storage or accessory structure results in an increase in the stage of the regional flood, the proposed use will not be allowed in the Floodway.... It appears clear that the Planning Commission has no authority to grant a Special Exception. 3. Parkland Donation in R -4 Districts generally. The City Council from time to time reviews all charges and requirements established by ordinance and establishes fees appropriate to the situation. Because the R -4 District has been only recently added to the Zoning Ordinance, there is no Parkland Contribution listed. Staff is seeking a recommendation to be forwarded to the City Council. Recommendation: Because the density for the R -4 District is the same as the R -2, it is recommended that the land contribution should be 9% and money contribution should be $180.00 per acre. 4. Nordseth Rezoning Proposal from R -3 to B -1. The concept plan for Riverside Addition included several outlots which were to be held in joint ownership by a homeowners association as well as two which were envisioned as sites for future apartment structures consistent with R -3 Zoning. Outlot J was originally established for residential construction with the awareness that two easements crossed the area. Northern Natural Gas made the owner aware at the time of platting that the existing gas line is very old and is a candidate for replacement outside of the plat boundaries. While there is some question about how soon the site will be buildable, the owner was aware of these limitations at the time of platting. The Comprehensive Plan was carefully drawn to avoid recommending commercial areas which would compete with downtown Farmington. There were specific questions raised about the advisability of introducing even a convenience commercial area at the north end of County #31 during public hearings on the Plan. The proposal is in direct conflict with the Farmington Comprehensive Agenda report page 2 Plan adopted October 18, 1982 by the City Council. Recommendation: The Planning Commission should forward to the City Council a recommendation that the rezoning request be denied because it is in conflict with the Comprehensive Plan. 5. Home Occupation Request Roger Ader. The primary concern of the Planning Commission should relate to the effect the requested home occupation will have on both the neighborhood and traffic. Specifically, questions should be raised with regard to 2- 4- 4(B)(C)(D) (E). If the Commission is satisfied that such home occupation will not be harmful a public hearing should be scheduled. 6. John Devney Proposal to Rezone Industrial and Residential land to Agricultural as one step in qualifying for Ag Preserve Status. The guidelines for establishing an Ag Preserve Program indicate that both the City Comprehensive Plan and the Zoning Ordinance should show that eligible land will be used for agriculture. The parcels that Mr. Devney would like to rezone are 20 acres in Section 25 (from I -1 to A -1) and approximately 40 acres in Section 14 (from R -1 to A -1). The land now zoned Residential in Section 14 is separated from the Agricultural Land by the north branch of a tributary which flows into the Vermillion River. This natural barrier is shown as Conservation Land in the Comprehensive Plan and F -3 General Flood Plain in the Zoning Ordinance. The land now zoned Industrial in Section 25 is separated from Conservation and Agricultural Land by the proposed realignment of County #31. This north south highway has been described as a man -made barrier which will separate urban from rural development. A major concern of the City is that two manufacturing plants are already situated in the area zoned industrial. Others have been discussed, and the City has responded with the preparation of feasibility studies for the extension of sewer and water. In order for Farmington to continue to compete for an industrial tax base utilities will be necessary. Also needed is a land base, which ultimately will be using utilities, to pay for their extension. Similarly, as Sewer District I develops, utilities will be needed for residential construction. In essence a change in the Comprehensive Plan and Zoning Ordinance for these areas will provide the advantage of utility service without assessments since the basic request is to make these lands eligible for Ag Preserve Status. Recommendation: That the Planning Commission forward a recommendation to the City Council that the requests are in conflict with the Comprehensive Plan and should be denied.