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HomeMy WebLinkAbout08.16.83 Planning PacketAGENDA PLANNING COMMISSION REGULAR AUGUST 16, 1983 1. Minutes of July 19, 1983. 2. Discussion Use of west lower portion of Fischer Building on 3rd and Spruce Streets. Proposed usage Training and /or building of woodworking products plus display of same Jim Ferguson. 3. Request To Place a Propane Fuel tank for motor vehicles to be located at Hanson Beverage. 4. Review Parks and Open Space Plan. 5. Discussion Use of property at intersection of 8th and Ash, previously Way -Lo Gas Station. 6. Discussion Addition to Duo Plastics. 7. Request Variance 409 3rd Street. 8. Discussion Parking requirements for the development of Lot 1, Block 5 in Westview Acres. AGENDA REPORT PLANNING COMMISSION REGULAR AUGUST 16, 1983 2. Because the Fischer Building is located in the HRA Area the applicant was directed to discuss the proposed uses of training facility, manufacture of woodworking pro- ducts and living space with the HRA. They in turn referred the use question to the Planning Commission before they make any comment on how the proposed changes should take place. Based upon the listed permitted uses a training facility would qualify in this dis- trict under item 8, Commercial Schools. The question of manufacture of woodworking products has come up twice previously as a request for a Special Exception. In April of 1978 a special exception was requested for "The Woodcrafter" for 306 Oak Street listed as a Wholesale, supply yard retail business. At that time the HRA reviewed the request and found that the proposed use could not adversely affect the Downtown Redevelopment Plan. They recommended that the Special Exception be granted. The hearing also recorded information that downtown business people favored the proposed activity. Similarly in May of 1979, Jeff Thelen requested a warehouse land use in the B -2 Zoning District which was granted under specific requirements that all noise and dust control be within limits identified within the zoning ordinance. It is interesting to note that neither of these uses mention manufacturing even though it appears that everyone was aware of a manufacturing intent. In effect, the ordinance has already been amended to allow manufacturing as a special exception even though manufacturing is not listed. In order to maintain consistency in the enforcement of the ordinance, the ordinance should be amended and a public hearing should be set for a Special Exception. The third issue raised by this request is the creation of living quarters on the first floor. Multiple Family Dwellings are a listed Special Exception, and can be acted upon as part of the same hearing. The building already does include apartments on the second floor. RECOMMENDATION: Consider amending the ordinance to allow manufacturing as a Special Exception in the B -2 District and establish a public hearing for this specific request following such an ordinance change. 3 The placement of a fuel tank dispensor for motor vehicles at 517 1st Streetin the.. B -3 District calls into question the introduction of a new use in the Zoning Ordi- nance. Generally, it would fall under Auto sales,service and repair and under more recent ordinances as Motor Fuel Stations. To date, the B -3 District includes as a Special Exception, Petroleum Products Bulk to take care of specific use in that dis- trict and as a Permitted Use, Mechanical Sales Services and Repair. It would appear that both are similar to the specific request but the ordinance should be amended to include a use which more accurately describes what will take place and whether it should be a permitted use or a special exception. At the same time a discussion should take place as to other districts within the City that would be either as appropriate or more appropriate than the present request. RECOMMENDATION: Consider amending the ordinance to allow propane fuel stations as a special exception in the B -3 District. 4. The Parks and Open Space Plan is essentially the same as proposed in the City Com- prehensive Plan with the exception that Park Districts have been designated which have proposed neighborhood parks to augment the recommended community parks and existing subdivision or neighborhood parks already in existence. In order to be consistent with the comprehensive plan it would be appropriate to create park districts which more closely approximate the neighborhoods in the Comprehensive Plan and to show neighborhood parks in areas that Council Policy suggests will be developed between now and the year 2000. Basically the Comprehensive Plan recognizes four neighborhoods in the area known as Sewer District 1 and one in the old or central area of Farmington. The division of neighborhood areas in Sewer District 1 is based upon recommended minor arterial streets as neighborhood boundaries. County 31 and 190th Streets are the minor arterials which will divide Park District 2 into two parts and Park District 5 into four parts. Park District 3 looks as if it is mostly flood plain and at least half of Park District 6 is zoned C -1 Conservation. This difference in out- look accounts forthe difference between the Park Board and Planning Commission recommendations to the City Council on the most appropriate location for a neigh- borhood park within Dakota County Estates. The location ultimately selected by the City Council recognizes the Planning Commission concept of four neighborhoods in Sewer District 1 and a neighborhood park central to the development of what has been described as "Grove" neighborhood. RECOMMENDATION: Eliminate designated parks in Park Districts 1,4,7,10,11,14, &15 since the land use proposed in the existing Comprehensive Plan is either industrial or long term agricultural. Revise the Park District boundaries within Sewer District 1 to those shown in the Comprehensive Plan including neighborhood parks which will be central to that development. In addition revise the Park District Boundaries within the Central Area to recognize Minor Arterial Streets and Collectors as the divisions around which future park acquistions will be determined. 5. Currently there are two parties interested in the former Way -Lo Gas Station at the intersection of 8th and Ash Streets. One is requesting the use of the site as a full service motor fuel station offering both gasoline sales and mechanical service. The second would like to acquire the site as a used car lot. Because the corner is shown to be residential in the current Comprehensive Plan and has been a long range objective to revert to residential use since the Comprehensive Plan of 1969, the site has been a long term legal non conforming use. As such the Way -Lo Gas Station is the last functioning commercial use of the site and special action would be required to permit resumption of mechanical service in an R -2 District. In 1978, the Zoning Ordinance was modified to provide for new transitional non- conforming uses 10 -10 -1 (A) with specific reference to commercial buildings in the downtown area which appeared to have more opportunities for use in manufacturing. In essence the Board of Adjustment may authorize a new nonconforming use based upon restrictions of Section 2 -4 -7 as follows: (C) The Board shall have the power to authorize changes of lawful (nonconforming uses) and to authorize transitional nonconforming uses within existing struc- tures as follows: An existing structure may be approved as the site of a new nonconforming use provided that the structure was in place prior to the adoption of the current zoning ordinance and is not suitable for any conforming use, and that the Board of Adjustment is satisfied that the proposed nonconforming use will not be detrimental to the health and welfare of the public or contrary to the intent of the ordinance only if the owner agrees in writing to the following: 1. The new nonconforming use will apply only to the. specific use proposed and is not transferable to any other use. 2. The proposed nonconforming use will entail no structural changes or addi- tions other than those required by law for the purpose of safety and health. 3. The proposed use will be limited by all provisions of Section 10 -10 -1 which regulates all nonconforming uses. (Ord. 078 -62, 4- 17 -78) RECOMMENDATION: Ask for comments from the immediate interested parties who will be in attendance and then decide if either request meets the criteria listed. The specific site represents a unique chance for the community to carry out the recommendation of the Com- prehensive Plan which is ultimately some form of residential use at this corner. The corner has diminished potential for any commercial use based upon the intersection of the fron- tage road, Ash Street and Trunk Highway 3. The opposite corner, which is not in the City, is forever locked into res- idential use based upon private deed restrictions that were included on the plat for Highland Circle. 6 In essence the site plan for Duo Plastics is being reviewed based upon the stipulation that manufacturing uses are required to include two parking spaces for each 3 employees on the maximum working shift. With 29 or possibly 30 spaces the maximum working shift would be limited to 45 persons. The size of the proposed structure suggests a square footage which easily would handle twice that many per shift even if the current operation does not anticipate it. The owner would be well advised to eliminate at least 12 feet form the westside of the addition to allow for a future driveway to parking at the rear of the building without infringing on required side yard set backs. RECOMMENDATION: Request that the owner shorten the building addition by at least 12 feet to accomodate access to rear of the lot. 7 The requested variance at 409 Third Street is an after the fact situation in which three parcels with frontage on two streets was divided on a contract for deed approximately three years ago and recently recorded at the county creating one substandard parcel measuring 50 by 69 feet. One problem here is that the County continues to record substandard parcels contrary to Farm- ington Ordinances even though they have been made aware that it is contrary to State Law. The City Administrator is currently working with the City Attorney to attempt some remedial "foot stamping" in this area. The fact remains that a lot has been created on Third Street containing 3,450 square feet where 5,000 square feet are required. In May of 1977, the HRA granted approval for building expansion on the original lot, measuring 50 x 100 feet, based upon its compliance with the Downtown Redevelopment Plan in all respects including "land use, green space and parking." The attached sketch shows that Lot 1 likely was more marketable because it pro- vided full width access to the alley and it did in turn eliminate an earlier substandard lot. However, this provides little justification for the later creation of another substandard lot soon after it had been reviewed by the HRA as complying with the Downtown Redevelopment Plan. RECOMMENDATION: Ask the owner to revise the original parking and greenspace proposal approved by the HRA with implementation of such a plan a basic requirement for consideration of a lot area variance. 8. The site plan presented for Lot 1, Block 5 is Westview Acres provides an adequate number of parking spaces but with inadequate turning radii. A variance which would allow the developer 45 rather than 48 spaces would provide adequate turning movements and possibly a better looking parking area with the introduction of islands and trees for shade. Since this is a staff recommendation the developer will only be notified if the Planning Commission agrees that another public hearing should be scheduled.