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HomeMy WebLinkAbout02.21.89 Planning PacketAGENDA PLANNING COMMISSION REGULAR FEBRUARY 21, 1989 1. CALL TO ORDER 7:00 P.M. 2. APPROVE MINUTES January 17, 1989 3. PUBLIC HEARING 7:00 P.M. Continued discussion of Variance requested by Charles Hansen 4. PUBLIC HEARING 7:10 P.M. Continued discussion of Sign Variance requested by Jim Haugen Dodge 5. PUBLIC HEARING 7:20 P.M. Discussion of Rezoning requested by Arthur Leibfried 6. DISCUSSION Preliminary Plat of Country Hills for Heritage Development 7. DISCUSSION Duo Plastics Expansion 8. DISCUSSION Conditional Use "Sunset" provisions 9. DISCUSSION Future Meeting dates 1. CALL TO ORDER 7:00 P.M. 2. APPROVE MINUTES JANUARY 17, 1989 3. PUBLIC HEARING 7:00 P.M. VARIANCE REQUESTED BY CHARLES B. AND CYNTHIA M. HANSEN 18211 EMPIRE TRAIL The Hansen's have erected a storage shed for lawn mower, garden tools and bikes that is both larger and closer to property lines than required by the Ordinance as indicated on the submitted drawing. The issue on size likely comes from the Uniform Building Code which exempts one -story detached accessory buildings such as tool sheds and playhouses under 120 square feet from required building permits. The City Zoning Ordinance follows this by requiring that all storage sheds shall not exceed nine feet (9') in height and one hundred twenty (120) square feet in area. While is is unclear where the 120 square feet came from, both ordinances agree upon this size cut off. The yard requirements were established by the Planning Commission to be six feet (6') from both the side and rear yard lines. The shed was built within 3 feet of both the rear and side property lines. Mr. Hansen has said that the structure can be moved but that he does not wish to reduce its size. The applicant has failed to indicate that there is any hardship present, other that the inconvenience of relocating and reducing the size of the shed. It would appear that storage sheds could become a nuisance to planning admini- stration in all housing areas developed on small lots. On one hand, housing is small and limited in the area that can be devoted to storage. On the other hand, lots are small and large exterior storage sheds can cut dramatically into available open space on the lot. Recommendation AGENDA REPORT PLANNING COMMISSION REGULAR FEBRUARY 21, 1989 Deny both requests on the basis that neither meet the criteria listed under 10 -8 -6 (C) of the City Code. 4. PUBLIC HEARING 7:10 P.M. VARIANCE REQUESTED BY JIM HAUGEN DODGE AT THIRD AND ELM STREETS Staff continues to believe that there is no hardship that would justify a variance to the sign ordinance. An informal survey of requirements in selected cities in the Metropolitan area suggests that Farmington may be more restrictive than those communities that responded on short notice. Farmington requires that the total area of signs shall not exceed 20% of the area of the total building front up to 100 square feet, plus 1 square foot per 100 square feet of floor space up to 200 square feet for buildings over 3,000 square feet in area; and that freestanding signs may be 75 square feet in size. The Burnsville Ordinance is somewhat more sophisticated in dealing with wall signs and pylon signs in that a wall sign may be 100 square feet in area or 14% of the building front up to 200 square feet and in addition may have a pylon sign 16 feet tall up to 25 square feet in area along a 40 mile per hour collector street. Prior Lake requirements are the same as Farmington's since both were developed from the same sources. In Plymouth, business signs are limited to flat wall signs which may not exceed 96 square feet in area or 20% of the wall area, whichever is greater. The Apple Valley Ordinance is similar to Burnsville's. It provides for one building sign and one freestanding sign up to a maximum of 125 square feet total in single tenant buildings. In Bloomington, business developments are permitted one free- standing identification sign not exceeding 100 square feet in area or 20 feet in height with a total sign allocation of up to 180 square feet. The requirements for Rosemount indicate that pylon signs may be 100 square feet for shopping centers and 80 square feet for individual businesses, neither of which shall exceed 20 feet in height. In addition, wall signs are limited to 15% of the front building facade. Lakeville, on the other hand, requires that all signage is limited to 15% of front facade up to 100 square feet maximum and that total includes both pylon and wall signs. For example, a 50' x 100' front facade would qualify for 75 square feet of signage to be split any way that the owner wishes. Of the responses received, staff has requested copies of the sign ordinance requirements from Burnsville, Lakeville and Rosemount as each appears to have attractive elements. If the Commission believes that a larger pylon sign at Jim Haugen Dodge has merit, it may only grant a variance onthe basis that staff will be directed to draft a more liberal set of regulations that can be forwarded to the City Council as a Zoning Amendment after review. It should be pointed out, however, that such an amendment, if adopted by the City Council, may limit the size of the wall sign available to Jim Haugen Dodge in the future. The information received from other communities suggests that the 20 foot height limitation is reasonable and that no variance should be considered. Recommendation Deny the request for a height variance and approve the size variance with the stipulation that permanent wall signs will not be added until the sign ordinance is amended or in six months, whichever comes earliest. 5. PUBLIC HEARING 7:20 P.M. REZONING REQUEST FROM ARTHUR LEIBFRIED FOR PROPERTY NORTH AND EAST OF THE SUPER STORE ON HIGHWAY 3 The attached sketch shows the two parcels (parcel 1 and 2) which are the subject of the request to be rezoned from R -3 to B -1. The actual parcel is an "L" shaped lot containing 2.9 acres. The Super Store was converted by the Conditional Use process from a non conforming use to a business use within the past 5 to 10 years. Since that time, one request was received asking for additional B -1 Zoning. The request was denied because the land was not anticipated either to be platted or submitted to the PUD process. The current idea is to build a car wash fronting on T.H. #3 with mini- storage units behind. The Zoning Ordinance clearly specifies that only one principal use per parcel may be developed. Therefore, the "L" shaped parcel will need to be divided in order to create a second use. Such a division can only take place if the new lot will be served by a platted street. Currently, the City Engineer is developing a revised Municipal State Aid Highway System for Farmington. Walnut Street is on this system and the Engineer would like to see it extended east of Highway 3 to a major north /south street that would ultimately link Highway 3 with County Road 72. The most feasible location for the extension of Walnut Street is a 60 foot wide vacant parcel north of the requested rezoning. The staff believes that this street should be in place before any property without frontage on Highway 3 is rezoned. On the other hand, a car wash would appear to relate nicely to the existing Super Store since a car wash is sometimes included as part of a single service station operation. An immediate example is located at the corner of Ash and Trunk Highway 3. With this in mind, the staff would recommend that the rezoning request be amended to include only the south 180 feet of the north 810 feet of the west 219.45 feet of the North of the SWi of Section 32. This would accommodate that which can be built now and will give the City an opportunity to develop a reasonable land use plan for the Becker property. It will also put landowners on notice that an east /west street north of the proposed car wash will be required before any further development can occur. Recommendation Forward a recommendation to the City Council that only the west 219.45 feet, or the property immediately north of the Super Store should be rezoned at the present time. Additional business zoning at this location is considered to be premature until an east /west street is constructed and an overall development plan has been prepared for the remainder of the Becker property. 6. DISCUSSION PRELIMINARY PLAT COUNTRY HILLS PROPOSED BY HERITAGE DEVELOPMENT At a special meeting held on September 15, 1988, the Planning Commission recommended approval of the Preliminary Plat of Country Hills subdivision subject to the following: a. The ponding area north on County Road 31 shall be dedicated by the Nelson Estate and the land value credited against the storm water manage ment fee for the proposed plat contemplated north of Country Hills. b. Grading of the entire 190th Street to the west edge of the plat and paving to the west end of Lot 1, Block 1 shall be required. c. A storm sewer on the west edge of County 31 between the storm sewer which serves cul -de -sac B and the proposed ponding area AP -3 shall be installed. d. The developer shall be required to post a bond to certify that the storm water drainage on Block 2 will be handled exactly as designed. e. The plat shall include a fifty foot (50') wide gas easement adjoining the north edge of 190th Street in Lots 1,2, and Outlot A in Block 3, and the developer shall sign an agreement with Enron assuming the cost of relocating the 2" pipeline out of the right of way of 190th Street. f. Outlot A shall be dedicated to the City for construction of a City well and well house with the exception of a fifty foot square parcel dedicated to Enron Gas Pipeline Operating Company at the intersection of proposed County Road 31 and 190th Street West on which the City will move the existing gas metering station when County Road 31 is moved to the new location. g. The Park dedication will be taken in cash to help acquire a useable park site to the north of this plat. h. A two phase development will be acceptable if construction of public improvements is completed within a 24 month time frame and that the developer posts a bond for all proposed improvements in the 33 acre site as a part of the first developers agreement. Since that time, another developer working with the Nelsen family on property fronting on County Road 31 immediately north of this subdivision met with staff regarding the layout of streets. After reviewing the options on the site, it was determined that Euclid Path should continue in a straight line in a northeasterly direction at the north edge of this plat rather than to swing directly north as proposed. The reason for this suggested change is that there is only one location, the former farm lane from the original homestead, that the hillside can be traversed between this plat the the Terra Addition. The City Engineer has suggested that such a straight line access would be preferable to an "S" curve at the top of this hill. The engineer for Heritage Development has argued that the straight line alignment will make lot layout next to impossible with the possible waste of some valuable development land. The staff believes that further study is required before a final determination is made. The City Engineer has notified Heritage Development that item b requirements will be less than previously requested. The wording here can be changed to provide for grading sufficient to create the drainage pond immediately north of 190th Street. Mr. Kaldunski will address this issue in a memo directed to the Commission. Heritage Development has agreed verbally to all other requirements of the previous approval except for item h which requires bonding for all improvements in the 33 acre site. It is the position of Heritage Development that bonding will cost enough money to make the entire project once again questionable. It is the opinion of staff that the City needs protection from the possibility that Heritage Development has overestimated its market for housing in Farmington and decides not to proceed. This would leave the City two extremely long cul -de -sacs which for all practical purposes would be permanent rather than temporary improvements. Recommendation Forward a recommendation to the City Council that the preliminary plat of Country Hills should be approved subject to all of the items previously recommended, except as noted in item b and also subject to further comments from the City Engineer. 7. DISCUSSION DUO PLASTICS EXPANSION Duo Plastics is in the process of building an addition to the existing complex on Trunk Highway 50, which for legal reasons must be on a separate lot. However, for management reasons, the new space must be linked under roof to the original structure by means of 8 and 18 foot wide corridors. This discussion will provide a preliminary review of the problem, as well as to set a public hearing for both variances and a conditional use. The problem needs more than a variance since any change in ownership should require removal of all structures which encroach on required side yards. Recommendation Set public hearing for the next regular meeting on March 21, 1989 or at an earlier special meeting if requested by Mr. Romberger. 8. DISCUSSION CONDITIONAL USE "SUNSET" PROVISIONS Chairman Hanson believes that the Commission should discuss a possible change in the Conditional Use section of the zoning ordinance which would eliminate conditional uses if they become vacant or are destroyed by fire as is now required under the home occupation provisions of the ordinance. The first step in this process will be to ask the City Attorney if such a change can be justified. Recommendation Set full discussion for a subsequent meeting if supported by the City Attorney. 9. DISCUSSION FUTURE MEETING DATES The Planning Commission and City Council would have fewer conflicts with Monday Holiday meeting places if the Planning Commission moved its monthly meeting to the second or fourth Tuesday of the month. If such a change were to take place, I would suggest that the revised schedule begin with the April meeting. Charles Tooker Planner