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HomeMy WebLinkAbout06.21.88 Planning PacketAGENDA PLANNING COMMISSION REGULAR JUNE 21, 1988 1. CALL TO ORDER 7:00 P.M. 2. APPROVE MINUTES MAY 17, 1988 3. PUBLIC HEARING 7:00 P.M. ZONING ORDINANCE AMENDMENT CHRISTIAN LIFE CHURCH 4. PUBLIC HEARING 7:20 P.M. CONDITIONAL USE IN FLOOD FRINGE DISTRICT CHARLES PARKER 5. PUBLIC HEARING 7:40 P.M. CONDITIONAL USE FOR LARGE GARAGE DONALD HARVEY 6. DISCUSSION REQUEST FROM ANDREW BARNHOUSE TO RECONSIDER FRONT YARD VARIANCE 7. DISCUSSION PRELIMINARY PLAT NELSON PROPERTY HERITAGE DEVELOPMENT 8. DISCUSSION REQUEST FOR AN ADDITIONAL SIGN HARDEE'S AGENDA REPORT PLANNING COMMISSION REGULAR JUNE 21, 1988 1. Call to Order 7:00 P.M. 2. Approve Minutes May 17, 1988 3. Public Hearing 7:00 P.M. Zoning Ordinance amendment Christian Life Church A basic flaw was created in the Farmington Zoning Ordinance when churches plus public and parochial schools were listed as permitted uses in the agricultural district. A rationale was developed that these uses would not disturb agricul- tural production. The traffic to and from these facilities generally is heavy enough to indicate an intensive use that belongs in an urban rather than rural setting. However, the ordinance does allow churches and schools. Both have been built on Highway 50 reasonably close to Flagstaff Ave. The church and school would now like to add Nursery -Day Care as a permitted or conditional use within the Agricultural District. Because of the way the ordinance is written the request has merit but probably should be included as a conditional use. In addition, the commission should consider the possibility of moving both churches and public and parochial schools to the conditional use column. The city is not likely to deny any future request for similar facilities but it would have control over the site layout on each new request. RECOMMENDATION Forward a recommendation to the City Council endorsing the request to include nursery Day care facilities as a conditional use in the A -1 and A -2 Districts and discuss the possibility of moving public and parochial school plus churches to the conditional use column in both the A -1 and A -2 districts. 4. Public Hearing 7:20 P.M. Conditional Use in Flood Fringe District Charles Parker. The property at the northwest corner of the intersection of Third and Pine Streets was filled many years ago prior to the addition of a flood fringe overlay district. When the present building was erected the land area not to be covered by the building was not leveled. This request is to level existing fill and add Class 5 gravel in anticipation of an addition to the building within the F -2 District. The F -2 Flood Fringe District is in the Flood plain but not within the main channel. It is designed to allow con- struction as long as the fill on which a building is placed is not more than one foot below the regulatory flood protection elevation and extending at this elevation at least 15 feet beyond the structure, and that the structure itself is above the regulatory flood protection elevation which at this point is 898 feet. Essentially the buyer would like to have the property leveled to eliminate large blocks of concrete that project above the surface and cover the exist- ing material with class 5 gravel. There is no immediate request to add to the building. In order to act on a building addition, as site plan would need to be developed that would show enough off street parking to accommodate the use within the building. lot and an outlot suitable for inclusion in a later plat can be added to this plat. By creating an outlot at the corner of County Road 31 and 190th Street West, the eyebrow is not necessary. The cul -de -sacs are shifted to locations where the slope will interfere the least with lot development and one is eliminated. The net result is that the plat substitutes two outlots for two lots, but in the long run has not lost any saleable property. Engineer Kaldunski is concerned about the storm water storage from this plat. It is his intention to ask for the dedication of all land necessary for the storm water pond identified in the area of outlot A. He is also likely to ask for a similar dedication of the pond north of this plat on County Road 31. The staff for planning and engineering are both concerned about the intention of Heritage to develop the plat in two phases. Two temporary turn around streets will be difficult to maintain and may provide poor quality water unless an immediate loop is installed. The staff recommends that the plat should be improved in one phase. The developer has already been advised that the name Country View has been utilized. RECOMMENDATION Forward a recommendation to the City Council that a refined version of the staff alternative to the preliminary plat developed for a portion of the Nelsen property shall be approved subject to: a. Selecting a new name for the plat b. Following recommendations submitted by Dakota County Soil and Water Conservation District c. Following recommendations forwarded by the Dakota County Plat Commission d. Complying with the recommendations submitted by the City Engineer e. Developing the plat in one phase 8. Discussion Request for an additional sign Hardees The motion to approve the conditional use for a Hardee's fast food restaurant limited signage to two wall signs. One each on the east and north facades of the building were approved since that was all that appeared in the documentation submitted with the request. Staff indicated that a free standing therefore would not be possible. Cardinal Development Corporation, representing the owner, Stanley M. Schultz, has now asked for a freestanding sign of approximately 63 square feet to be added to the plan on the northeast corner of the site. The sign ordinance in section 4- 3 -3(B) indicates that freestanding signs of up to 75 square feet are permitted provided that they are no higher than 20 feet and do not extend beyond a property line or building setback line. The plan shows only an approximate location but a motion to approve can specify any limitations thought to be necessary. RECOMMENDATION Amend the conditional use application by adding a 63 square foot freestanding sign near the northeast corner of the property subject to a height limit of 20 feet and placement of a pedestal so that the sign does not extend beyond any property line. r RECOMMENDATION Approve the request to level the site and apply the gravel but caution the applicant that future construction on the site will require a specific site plan with first floor elevations clearly indicated. 5. Public Hearing 7:40 P.M. Conditional Use for Large Garage Donald Harvey This is the first request in which the commission will review a conditional use to build a garage larger than 800 square feet but smaller than 1000 square feet in size. The existing garage measures approximately 18 by 20 feet and the enlarged garage will measure approximately 27 x 33 feet. The side of the garage which now fronts on 7th Street is used as access to the two existing parking stalls. This means that automobiles parked in front of the garage actually sit within the street right of way since the existing building is 39 feet from the center line. Assuming that the street was built centered in the right of way the existing garage encroaches 1 foot onto the right of way. If the owner can prove by survey that the existing garage is located on his lot, the addition could be approved. However, the commission does not have any authority to grant permission to expand an existing building on a public street. RECOMMENDATION Provide the applicant a choice of verifying that the garage is actually on this lot or removing a minimum of one foot from the 7th Street side before adding to the structure. 6. Discussion Reconsider front yard variance Andrew Barnhouse Mr. Barnhouse asked to be on the agenda in order to get a response from the entire Planning Commission. The City Attorney said that since the commission operates under Roberts Rules it will take one of the two individuals on the "winning" side of the vote to make a motion to reconsider the action. (The motion to approve the variance failed on a tie vote.) If one of the two proposes a reconsideration, then anyone may second the motion. If there is no motion to reconsider, then the original vote to deny will stand. I indicated to Mr. Barnhouse that he would be able to plead his case when I explained the procedure outlined by the City Attorney. 7. Discussion Preliminary Plat Nelsen Property Heritage Development. At the time of preparation responses to the Nelsen property subdivision have been received from the Dakota County Soil and Water Conservation District and from the Dakota County Plat Commission. Engineer Kaldunski is developing a list of comments which will be forwarded as an addendum to this report. The Soil and Water Conservation District recommends soil borings to determine corrective work that may be necessary prior to construction. They also recommend stormwater storage sufficient to keep the discharge rate into the Vermillion River at pre development conditions and their use as nutrient detention basins. Nine specific recommendations have been included for erosion and sediment control prior to the granting of a grading permit. The major concern of the County Plat Commission is that a 60 foot right of way be dedicated from the center line of County 31. The Engineer for Heritage Development has received copies of these comments. The staff has been concerned about the continued use of cul -de -sacs and an eyebrow in this proposed plat after negative comments both from staff and the commission during the schematic review. The staff has therefore developed a rough sketch which re- designs block three by eliminating one cul de sac and the eye brow. By extending Emerald Lane across Euclid Path one additional