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HomeMy WebLinkAbout11.02.87 Council Packet AGENDA COUNCIL MEETING REGULAR NOVEMBER 2, 1987 1. CALL TO ORDER 2. APPROVE AGENDA 3. APPROVE MINUTES a. October 19, 1987 4. CITIZENS COMMENTS 5. PUBLIC HEARINGS a. Set Public Hearing for November 16, 1987 to Consider 1988 Liquor Licenses. b. Continued from October 5, 1987 - Consider Various Zoning Amendments. c. 7:30 P.M. - Consider the Proposed Reassessment of Terra 2nd Addition. 6. PETITIONS, REQUESTS AND COMMUNICATIONS 7. ORDINANCES AND RESOLUTIONS a. Amend Park Ordinance b. Resolution in Cooperation with State for Snow Removal. 8. UNFINISHED BUSINESS a. Whispering River Development Plan. 9. NEW BUSINESS 10. MISCELLANEOUS 11. CONSENT AGENDA a. Accept Donation - Farmington Senior Center. b. Accept Donation - Park and Recreation Department. c. 1987 Audit Engagement Letter. d. Capital Outlay Request and Budget Adjustment - Fire Department. e. Approve Payment of the Bills as Submitted. 12. ADJOURN 13. ADD ON a. City Hall Furnace THE AGENDA IS CLOSED OUT AT NOON ON THE TUESDAY PRECEDING THE MEETING. A AGENDA REQUEST FORM J ITEM NO. D. NAME: Larry Thompson DEPARTMENT: Administration e co- 85,4-- DATE: October 7, 1987 z.cf MEETING DATE: November 2, 1987 Ps " CATEGORY: Public Hearing ! SU3JECT: Consider Various Zoning Amendments EXPLANATION: Continue from October 5, 1987 REFERENCE MATERIALS/RESPONSIBILITY: Planning Commission Recommendations REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Karen Finstuen Administration Charles Tooker Planning adv Y:/:; 117 SIGNATURE • MEMO TO: MAYOR AND COUNCIL ' I SUBJECT: ZONING AMENDMENTS - MAXIMUM GARAGE SIZE DATE: OCTOBER 29, 1987 Per Council directive, the Planning Commission has reviewed the recommendation relating to maximum garage sizes allowed in residential districts. I have attached a copy of the Planner's report and the action taken by the Planning Commission. As you may note, rather than allow garages greater than 800 square feet as a conditional use, it has recommended that the maximum square footage in R-1 and R-3 be increased to 1,000 square feet because of the larger sized lots. Please note that the Council also has the following zoning amendments before it for consideration (information sent previously) : 1. Offstreet parking restrictions eliminated from the B-2 district and hotels as a conditional use. 2. Access plan for platted property. 3. Redefining "water storage facilities". ' e:%44-1 "r":1))7,-0------- Larryompson ar- City Administrator cc: Karen Finstuen Charles Tooker file r MEMO TO: CHARLIE TOOKER SUBJECT: PROPOSED ZONING AMENDMENT - MAXIMUM GARAGE SIZE DATE: OCTOBER 8, 1987 The Council considered the proposed zoning ordinance amendment restricting the size of detached garages during a public hearing on October 5, 1987. As part of the hearing, the Council noted that the Planning Commission recommendation of limiting the size to 800 square feet and, if the lot was large enough, a variance could be granted to allow a larger garage. While the Council supports the rationale of restricting the size of garages to preserve open space, it was concerned about a variance request meeting the "hardship" test. Therefore, the Council has requested that the Planning Commission consider allowing garages 800 - 1000 square feet as a conditional use with some test of density, lot size and so on tied to it. It would be appreciated if you would review this matter at the next regular Planning Commission meeting, and recommend accordingly. If you have any questions, please ask. Larr Thompson City Administrator LT/mh cc: Mayor and Council Planning Commission file • w , AGENDA PLANNING COMMISSION REGULAR OCTOBER 20, 1987 1. CALL TO ORDER: 7:00 P.M. 2. APPROVE MINUTES: SEPTEMBER 15, 1987 3. PUBLIC HEARING - 7:00 P.M. : VARIANCE REQUEST FOR AN ACCESSORY STORAGE BUILDING AT THE DAIRY QUEEN - 705 WILLOW ST. 4. PUBLIC HEARING - 7:15 P.M. : VARIANCE REQUEST FOR A DIRECTIONAL SIGN AT WILLOW STREET AND HIGHWAY 3 FOR FARMINGTON. FLORAL 5. DISCUSSION: MAXIMUM GARAGE SIZE - FARMINGTON ZONING ORDINANCE AGENDA REPORT PLANNING COMMISSION REGULAR OCTOBER 20, 1987 1. CALL TO ORDER 2. APPROVE MINUTES 3. PUBLIC HEARING - DAIRY QUEEN • The owner of the Dairy Queen, Bob Osterman, wishes to build a permanent storage buildinginthe rear yard to store paper products for the restaurant as well as some currently unused equipment. The City Zoning Ordinance is quite specific about the way in which storage buildings may be built. Section 10-6-5 limits the use of accessory storage buildings to residential districts. By definition, an accessory storage building is any portable or permanent building designed to be used with a dwelling unit for the storage of garden, lawn or recreational equipment. The intent here is to limit outside storage to residential uses in an effort to keep business and industrial uses free from clutter. This question was raised earlier by Red Oak Manor which is situated in the B-2 General Business District. So far a formal application has not been submitted, but is could be at any time. The Planning Commission in therefore forced to look at the issue and determine if the ordinance as written still suits the needs of Farmington. Section 10-8-6 (C) lists the tests of a variance, but fails to produce any justification for granting this particular request. RECOMMENDATION Deny the request on the basis that none of the criteria in Section 10-8-6 of • the City Code has been satisfied. 4. PUBLIC HEARING - FARMINGTON FLORAL The request for an off premise sign is based upon Section 4-3-2(A) 12 of the City Code which says, in part, "For the purpose of providing off street direction to a use which, in the determination of the Planning Commission, incurs substantial hardship from lack of reasonable identification as a result of its location, a conditional use permit shall be required. Such conditional use permit shall be issued for one year periods." The annual time limit was established to enforce upkeep on signs and provide the Commission an opportunity to assess the need each year. As a practical matter, it might be well to consider an annual review of all such signs and for the first year to be of a longer duration than 12 months for ease in administration. All such permits could be reviewed in January of each year and the applicant notified of the review during the preceding November. Although a conditions use is being considered, a variance is required since the sign will be within the front yard of both Willow and Eighth Streets. Measurements taken from the half section maps suggest that the sign will be approximately 5 feet from each right of way line, which amounts to a 15 foot variance from each street. The request is based upon plantings on site which would obscure any signs erected. The sign will be 24 square feet per face, which is within the requirements of the code. • RECOMMENDATION Approve the conditional use and the variance since the criteria in both sections 4-3-2 and 10-8-6 of the City Code have been met. Be sure that the applicant is aware that an annual review, including a public hearing, is involved. 5. gAXIMUM GARAGE SIZE The City Council has once again referred the discussion of maximum garage size back to the Planning Commission. It appears that they are reluctant to write into the ordinance any section which could depend heavily on the section dealing with variances. A question was raised about variance criteria. It has been suggested that a variable limitation should be written into the ordinance. Staff will seek some guidance from the City Attorney. '.'> MINUTES PLANNING COMMISSION REGULAR OCTOBER 20, 1987 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Angell, Gerten, Hanson, Sampson. Members Absent: Rotty. Also Present: Planner Tooker. 2. The Chairman asked for comments on the minutes of September 15, 1987. Motion by Sampson, second by Angell to approve the minutes of September 15, 1987 as mailed. APIF, motion carried. 3. Chairman Hanson then opened the Public Hearing advertised for 7:00 P.M. regarding the request to build an accessory storage building at the Dairy Queen, 705 Willow Street. The hearing was continued since the applicant did not appear. 4. Chairman Hanson asked for further discussion of garage size as it might be regulated in the zoning ordinance. Planner Tooker indicated that City Council was concerned that the previous regulation forwarded by the Commission left persons with large lots to the mercy of a variance procedure which relies on hardship with respect to property. After deliberate discussion, the Commission developed the following wording as a substitute for existing section 10-4-1(L) : (L) In the R-1 Residential District, the total area utilized by accessory structures shall not exceed the coverage of the principal structure or one thousand (1000) square feet, whichever is less. In the R-2 and R-4 Residential Districts, the total area utilized by accessory structures shall not exceed the coverage of the principal structure or eight hundred (800) square feet, which- ever is less. Motion by Sampson, second by Gerten to forward the preceding wording to the City Council as an amendment to the City Zoning Ordinance. In favor: Gerten, Sampson, Hanson. Opposed: Angell. Motion carried. 5. Planner Tooker reviewed a request for direction from Administrator Thompson regarding a requested accessory structure at Christian Life Church, 6300 212th Street West. The Planner's interpretation of the Ordinance suggests that the accessory structure planned by the church falls into the category of Equipment and Maintenance Storage which is a listed conditional use. The applicant was notified and plans to submit an application for a public hearing during the November meeting. 6. Planner Tooker then reviewed a request from Jack Benedict to approve a change in the Dakota County Estates FUD regarding employee parking for the strip center between County Road 31 and Ensley Lane. After reviewing the section of the ordinance dealing with amendments to a PUD, it was the consensus of those present that this proposed change is more than a minor change and shall include an amendment to the Zoning Ordinance approved by the City Council. 7. The Chairman reopened the public hearing for a variance requested by the Dairy Queen to build a storage building at 705 Willow Street. He suggested that several accessory storage structures have been denied by the Commission in business districts because that section of the ordinance specifically identify residential districts as the only acceptable location. Tooker indicated th AGENDA REQUEST FORM ITEM NO. -5- NAME: Larry Thompson DEPARTMENT: Administration DATE: September 10, 1987 MEETING DATE: October 5, 1987 CATEGORY: Public Hearing (Continued) SU3JECT: Consider Various Zoning Ordinance Amendments EXPLANATION: Continued from September 8, 1987 REFERENCE MATERIALS/RESPONSIBILITY: Planning Commission Recommendation - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Charlie Tooker Planning Karen Finstuen Administration SIGNATOR a MEMO TO: PLANNING COMMISSION MEMBERS SUBJECT: AGENDA REPORT - SEPTEMBER 15, 1987 MEETING DATE: SEPTEMBER 10, 1987 1. CALL TO ORDER 2. APPROVE MINUTES - AUGUST 18, 1987 3. CONTINUE PUBLIC HEARING - CONDITIONAL USE REQUEST - 1000 THIRD STREET The attached materials include: 1) The original introduction from the August 18, 1987 Agenda Report. 2) A copy of the City Zoning Map with the property identified. 3) The memorandum forwarded to the HRA through its director, Robert Williamson. The issue was discussed by the HRA Board at their meeting of September 2, 1987. Mr. Williamson has replied verbally that the Board wished to take no position on the matter because a planning judgement, rather than a development decision, is called for. Recommendation Deny the request based upon items a through f of the staff memo to the HRA. Specifically there is no need to amend the zoning ordinance to allow personal services within the B-3 Heavy Business District and it would be unwise to expand the B-2 Downtown Business District northward another full block based upon existing vacancy rates. Even if the ordinance were amended in a way to allow the barber-beauty shop, there is not enough space on the applicant's lot to comply with off street parking requirements of the zoning ordinance. 4. DISCUSSION - ZONING ORDINANCE AMENDMENTS PREVIOUSLY FORWARDED TO THE CITY COUNCIL The public hearing on the various amendments to the zoning ordinance generated some questions by the City Council which require further discussion. Administrator Thompson has prepared a memorandum which is enclosed for your consideration prior to the meeting. OL„1-1.,a 014‘AL Charles Tooker It( Planner CT/mh S MEMO TO: CHARLES TOOKER SUBJECT: ZONING ORDINANCE CHANGES - CLARIFICATION DATE: SEPTEMBER 11, 1987 The City Council conducted a public hearing on September 8, 1987 to consider the four amendments to the zoning ordinance proposed by staff and recommended by the Planning Commission. The hearing was continued pending clarification by the Planning Commission of the following points. 1. Minimum Square Footage for Accessory Buildings Did the Planning Commission consider the validity of the 800 square feet maximum, or did it only look at extending the current requirements to all residential zones? Is the 800 square foot minimum proper based on the potential for 3 car garages? Should the UBC Standard of 1,000 square feet be adopted? (It should be noted that the present language restricts the size of the garage so that it does not exceed the size of the house.) 2. Access Plan to Platted Property Does the proposed ordinance affect only platted property which has an unimproved alley/street connecting it to an improved street/alley? Would it also affect landlocked parcels? Would the ordinance require an access plan across private property (either the parcel in question or adjacent parcel)? Would the Planning Commission/staff feel more comfortable handling the access matter after a permit has been issued, provided the owner is made aware of the potential problem? It would be appreciated if you would discuss this matter at your next regular meeting. Lar Thompson City Administrator LT/mh cc: Mayor and Council Planning Commission file 141. MINUTES PLANNING COMMISSION REGULAR SEPTEMBER 15, 1987 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Angell, Hanson and Sampson. Members Absent: Gerten, Rotty. Also Present: Planner Tooker. 2. The Chairman called for comments on the minutes of August 18, 1987. Motion by Angell, second by Hanson to approve the minutes of August 18, 1987 as submitted. APIF, motion carried. 3. The Chairman then opened the hearing continued from the meeting of August 18, 1987 on the Conditional Use request submitted by Jack Sauber to expand an existing building at 100 Third Street for a barber and beauty shop plus a dress shop. The Chairman suggested that the discussion be delayed until the applicant appeared. 4. The Planner then described the response of Farmington City Council to some suggested Zoning Ordinance amendments forwarded by the Planning Commission. a. Minimum Square Footage for Accessory Storage Buildings The Council concern about the validity of an 800 square foot maximum was discussed. It was the consensus of those present that while the maximum listed in the uniform building code is 1,000 square feet, lots in Farmington are relatively small. A 1,000 square foot house and 1,000 square foot garage provides only 4,000 square feet of open space, including driveways, on lots in the R-2 and R-4 Districts. They believe it is indeed possible to erect a three stall garage within the 800 square foot limits and, if an applicant lives on a large enough lot to accommodate a larger structure, a variance could be granted. Because the 800 square foot limit actually applies only to accessory structures, the Commission decided that the original recommendation will stand. b. Access Plan to Platted Property Discussion of the proposal to require an access plan indicated that the Planning Commission is concerned only about platted, but unimproved, streets and alleys. The City should not be "backed into" improvements which are forced after a staff member, the building inspector, has issued a building permit. Those members of the Commission present would not favor handling an access matter after the permit is issued and the original recommendation will stand. 5. Chairman Hanson then recognized Dennis Perro who wished to informally request the Commission to consider a variance for a storage building in the front yard of his home at 5379 190th Street West in Farmington. Mr. Perro had installed a slab in the front yard of his home but was notified by the building inspector that such a structure was not possible. Member Sampson indicated that the Commission is bound by the tests for a variance listed in Section 10-8-6(C) of the City Code. This request appears to present an inconvenience rather than a hardship as defined by the code. Member Angell concurred and suggested that a hearing would not likely result in an approval of his request. Mr. Perro thanked the Commission and indicated that he would not initiate a formal request. 6. Chairman Hanson then returned to the request of Jack Sauber since both Mr. Sauber and his tenants were present. Planner Tooker indicated that the HRA was not going to take a position on this request since it involveda planning, rather than a 142 development, judgement. Mr. Tooker also said that the request is complicated by the fact that conditional uses in the B-3 Business district do not include personal services. In order to implement a positive reaction from the Planning l Commission, the City Council would need to: a. rezone this area from B-3 to B-2; or b. expand the conditional use section of the B-3 District to include personal services. Another problem represented by 100 Third Street is that the site is not large enough to accommodate all of the off street parking called for in the Zoning Code. The site plan presented to the Commission shows 5 off street stalls, whereas 20 would be required by the ordinance. Mr. Sauber said that downtown is not large enough to accommodate all of the business activity that will be locating in Farmington and his site would have enough parking if the City would widen the street to provide space for diagonal parking. Motion by Sampson, second by Angell to close the public hearing. APIF, motion carried. The Commission then discussed its options, including the possibility of adopting a motion to approve the conditional use request subject to action by the City Council that would either change the district boundaries or add personal services to the B-3 District. In spite of a negative reaction from staff, such a motion was introduced. It did not attract a second since Mr. Sauber said that he would withdraw the request. The prospective tenants had left the meeting after learning that a firm decision could not be made this evening. Motion by Angell, second by Sampson to deny the request based upon the fact that personal services are not part of the list of conditional uses that are permitted within the B-3 District. APIF, motion carried. 7. Chairman Hanson recognized the resident caretaker of Red Oak Manor who asked if the Building Inspector had forwarded a drawing of the proposed storage building that the owner would like to have built on this site. Planner Tooker said that he was aware that such a request would be made but had not been given a site plan. The Chairman suggested that the caretaker submit an application for a variance which the Planner could then schedule a hearing for at the next regular meeting. 8. There being no further business, the members agreed to adjourn at 8:30 P.M. Submitted by, 0.47\01/4,Lti„, A-44-PLAA- Charles Tooker Planner Approved . AGENDA REQUEST FORM ITEM NO. 5C..„ NAME: Larry Thompson DEPARTMENT: Administration DATE: August 27, 1987 MEETING DATE: September 8, 1987 CATEGORY: Public Hearings SU3JECT: 8:00 P.M. - Consider Various Amendments to the Zoning Ordinance EXPLANATION: Reset on August 17 REFERENCE MATERIALS/RESPONSIBILITY: Information sent previously REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Karen Finstuen Administration Charles Tooker Planning SIGNATU IIIMMMMITEMMMMMMMMW • AGENDA REQUEST FORM ITEM NO. G NAME: Larry Thompson $ ( — c Re607 DEPARTMENT: Administration 9/t DATE: August 6, 1987 MEETING DATE: August 17, 1987 CATEGORY: Public Hearing SUBJECT: Set Hearing to Consider Various Amendments to the Zoning Ordinance EXPLANATION: Hearing notice was not published. Hearing shn„1d be rescheduled for September 8, 1987 at 8:00 P.M. REFERENCE MATERIALS/RESPONSIBILITY: Notice - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Karen Finstuen Administration Charlie Tooker Planning SIGNATOR IMMMMM . . • . CITY OF FARMINGTON NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing will be held by ,the City Council of the City of Farmington, Dakota County, Minnesota on the ° ehq day of t -1t , 19 87 , at g: 00 (P.M.) (A) in the Council Chambers of the Civic Center, 325 Oak Street, Farmington, Minnesota for the purpose of: considering the following amendments to the Zoning Ordinance: 1. Title 10-4-1(L) - Maximum size limits for accessory storage buildings in s all residential areas. 2. Title 10-6-8 & 10-3-2(H) - Exempting B-2 Zones from off-street parking restrictions and changing hotels and motels from a permitted use to a conditional use in B-2 zones. 3. Title 10-6-2 - Revising Water Recreation/Water Storage 4. Title 10-4-1 - Relating to access to property. All persons desiring to be heard, in person or in writing, will be heard at this time. t6;15:'1 °Y; Larry Th on City Adm istrator 11U-. 4 Submitted to the Farmington Independent this 32rit day of August , , 19 87 for publication 1 time(s) , the last of which being no later than the ll- '' h day of August , 19 87 . , cc: Dakota County Tribune AGENDA REQUEST FORM • ITEM NO. NAME: Larry Thompson DEPARTMENT: Administration DATE: July 25, 1987 MEETING DATE: August 3, 1987 CATEGORY: Public Hearing SUBJECT: Set Hearing to Consider Various Amendments to the Zoning Ordinance EXPLANATION: Consider various amendments to the Zoning Ordinance as recommended by the Planning Commission REFERENCE MATERIALS/RESPONSIBILITY: Amendment/Hearing Notice - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Karen Finstuen Administration John Manke Building Official Charlie Tooker Planning Tom Kaldunski Gene 1 Se vice SIGNATOR MEMO TO: MAYOR AND COUNCIL SUBJECT: PUBLIC HEARING - CONSIDER VARIOUS ZONING AMENDMENTS DATE: JULY 30, 1987 ,1 Attached please find various zoning amendments recommended by the Planning Commission. The following is a brief summary of each change: 1. Title 10-4-1(L) - Accessory Structures The present language restricts the size of garages not to exceed 800 square feet or the size of the principal structure, whichever is less, in only R-1 areas. It is recommended that this restriction apply to all residential areas. 2. Title 10-6-8 and 10-3-2(H) The present language requires off street parking for various uses in all districts. If the City were to take a literal interpretation of the ordinance, any new structure in the B-2 area would require off street parking, which would be extremely difficult due to the small lots. Also, downtowns are generally designed for off street parking of limited duration. The only permitted use in the downtown area which could cause a problem would be hotels and motels where parking tends to be for longer durations. Therefore, it is recommended that this use be transferred to a conditional use where parking may be addressed. 3. Title 10-4-1 Presently there are no access restrictions relating to platted property except in new developments where developer's agreements are in effect. The major problem exists in areas where alleys are platted but not improved. A person could conceivably build a garage and, once in place, request that the alley be improved to serve the property. It would be better if the alley/street improvement is discussed up front before the permit is issued. 4. Title 10-6-2 The present language lists all "water storage facilities" as requiring fencing. This ambiguous language could present the City with a liability problem because it could be interpreted a number of ways. It is recommended that the ordinance be amended to further define water recreation/water storage. It is recommended that a public hearing be set for August 17, 1987 at 7:15 P.M. to consider the changes. :;;113414------* cc: Karen Finstuen Larr ompson Charlie Tooker City Administrator John Manke file AGENDA REPORT PLANNING COMMISSION REGULAR JULY 21, 1987 1. CALL TO ORDER - 7:00 P.M. 2. APPROVE MINUTES - JUNE 16, 1987 3. PUBLIC HEARING - JACK BENEDICT - REQUEST FOR VARIANCE While the application and public hearing notice indicates a need for both a front yard and second sign variance, the applicant indicated during the June meeting and afterward to the City Administrator that the bank is willing to observe the setback requirements of the Zoning Ordinance. The variance under discussion therefore, shall be limited to the perceived need for a second sign in this shopping center. The Sign Ordinance, adopted by Farmington City Council in February, 1986, was based largely on a similar ordinance prepared for the City of Prior Lake, which, in turn, was drawn from several metropolitan area community sign ordi- nances. The practice of limiting area identification signs for shopping centers is common, as can be observed by looking at other developed centers in nearby communities. THe area identifications sign which exists at this center currently could be adapted to identify the bank and any other tenant which locates there. As is, the advertising on the existing identification sign for Budget Mart merely duplicates two other signs on the face of the building. As indicated in the earlier discussion, the representative of the First National Bank believes that the "L" of the center is at an advertising disadvantage since the space cannot be observed from the north. On the other hand, the bank will be extremely noticeable to those people travelling north- ward. In addition, anyone living in this neighborhood will be aware of all tenants' in the building. However, a decision by the Board will be based upon the tests for hardship identified in Section 10-8-6(C) rather than an interpretation of need. It is the opinion of Staff that none of the tests for hardship are satisfied by this application. Recommendation Deny the request for a second area identification sign since it fails to observe the spirit and intent of the zoning code. h, 4. DISCUSSION - CITY ADMINISTRATOR REQUEST FOR ADDITIONAL CHANGES TO THE CITY ZONING ORDINANCE A. Amend 10-4-1(L) by changing the phrase "In the R-1 Residential District" to read: In all Residential Districts. This was brought to the attention of Staff when a resident of the original plat of Farmington wished to build an excessively large garage to use as a workshop and to store equipment. B. Amend 10-6-8 - OFF STREET PARKING - by changing the phrase "In any district" to read In all districts except the B-2 General Business District and to amend 10-3-2(H) by moving hotels and motels from permitted to conditional uses. These changes are being offered since the emphasis of the downtown plan now being prepared by Milo Thompson places great emphasis on Street Parking and the ordinance generally is being interpreted in a way which waives off street parking requirements downtown. Staff believes that the conditional use section of the ordinance will protect the downtown parking space from long term over- crowding. This is the motivation for shifting hotels into the conditional f ' use column.`' C. Amend 10-4-1 by adding (P) as follows: (P) A vehicular access plan shall be required which links every site with an improved public street or alley before any building permit is issued. This will discourage requests for street and alley improvements in areas without planned projects. D. Amend 10-6-2 - WATER RECREATION AND WATER STORAGE - by substituting as follows: s / The reason for this change is to eliminate the requirement for fencing adjoining natural and man made water features that are considered amenities in residential development. Currently, these features are not fenced and there are sound legal . reasons why the City should not be identified as a potential enforcer. E. Amend Chapter 4 - ZONING BOARD OF ADJUSTMENT - by the repeal of sections 2-4-3 through 2-4-8 which have been encorporated into the Zoning Ordinance itself when the comprehensive amendment of March 17, 1986 was adopted. F. In addition, bring a copy of the Agenda Report for the June 16, 1987 meeting for the commentary on Variable Setback Requirements. Charles Tooker It/ Planner • 130 • • 0 MINUTES PLANNING COMMISSION REGULAR JULY 21, 1987 1. The meeting was called to order at 7:00 P.M. by Chairman Hanson. Members Present: Angell, Gerten, Hanson, Rotty. Members Absent: Sampson. Also Present: Planner Tooker. 2. Chairman Hanson asked for comments on the minutes of June 16, 1987. Motion by Rotty, second by Gerten to approve the minutes of June 16, 1987 as distributed. APIF, motion carried. 3. Chairman Hanson opened the public hearing advertised for 7:00 P.M. by asking for staff commentary on the request for a second area sign in the strip shopping center on County 31 by Jack Benedict. The remarks by Planner Tooker were followed by statements from owner Jack Benedict and Dick Johnson of Farmington National Bank. In Mr. Benedicts analysis, the hardship requiring two signs results from the City's requirement that a frontage road had to link Dakota County Estates with Dakota County Estates Third Addition. This produced an "L" shaped strip center in which the rear portion has little visibility from the main road. Chairman Hanson asked about the availability of space on the Budget Mart sign in which the bank could be identified. Mr. Johnson indicated that the bank had no interest in sharing a sign standard with anyone. Mr. Benedict was asked if he did not control the signs in the Center and if he had checked the limitation placed on signs before starting to rent space in the building. Member Rotty indicated that he had visited shopping centers in Burnsville of various shapes and concluded that all limited area signs to one per center. Member Angell said that his experience with shopping centers has little to do with signs. If he needs something, he investigates the center to see if it possibly is available. For this reason, he believes that a hardship does not exist. Motion by Gerten, second by Rotty to close the public hearing. APIF, motion carried. Motion by Angell, second by Gerten to deny the requested variance for a second sign at the shopping center on Pilot Knob Road at 183rd Street since the applicant had failed to prove that a hardship exists. APIF, motion carried. 4. The Commission then turned to a number of wording changes proposed for the Farmington Zoning Ordinance based upon concerns raised by the CitylAdministrator as follows: ' a. Motion by Rotty, second by Angell to amend section 10-4-1(L) by changing the phrase "In the R-1 Residential District" to read: In all Residential Districts. APIF, motion carried. b. Motion by Angell, second by Hanson to amend 10-3-2(H) by moving hotels and motels from the permitted use column to the conditional use column. APIF, motion carried. c. Motion by Rotty, second by Gerten to amend section 10-4-1 by adding (P) as follows: (P) A vehicular access plan shall be required which links every site with an improved public street or alley before any building permit is issued. APIF, motion carried. 1.36. a . d. Motion by Gerten, second by Rotty to amend section 10-6-2 "Water Recreation and Water Storage" by substituting 10-6-2: Residential Swimming Pools as follows: 10-6-2: Residential Swimming Pools: Any enclosure, in ground and above ground, having a water surface area exceeding one hundred (100) square feet and a water depth greater than one and one-half feet (11') shall be considered a swimming pool which must meet the following location restrictions: A. General 1. Pools shall not be located within ten feet (10') (measured horizontally) from underground or overhead utility lines of all types. 2. Pools shall not be located within any private or public utility, drainage, walkway or other easement. s 3. Pool lighting shall be directed toward the pool and not toward adjacent property. 4. Pool area shall be enclosed by a non-climable type safety fence at least four feet (4') in height to prevent uncontrolled access to the pool area. The fence shall have a self-closing and self-latching gate. B. Single Family Residential 1. Pools shall not be located within any required front, side and rear yard setback and shall be at least six feet (6') from any principal structure or frost footing. 2. In addition to observing yard setback requirements of each district, the filter unit, pump, heating unit and any other noise producing mechanical equipment shall be located at least twenty-five feet (25') from any residential structure on adjacent property. C. Multiple Family Residential 1. Water surfaces and pumps, filter or other apparatus used in connection with the pool shall not be located cloper than fifty feet (50') to any lot line. 2. Landscaping as outlined in Section 10-6-14 of this code shall be placed between the pool area and adjoining low density district lot lines. 3. Deck areas, adjoining patios or other areas used in conjunction with the pool, shall be located at least fifteen feet (15') from any lot line in an adjoining low density district. APIF, motion carried. e. Motion by Rotty, second by Angell to amend Chapter 4 Zoning Board of Adjust- ment - by the repeal of Sections 2-4-3 through 2-4-8 which were encorporated into the Zoning Ordinance by the comprehensive amendment of March 17, 1986. APIF, motion carried. r 131 y •i:` f. Motion by Angell, second by Gerten to make no changes in the current • setback requirements for front yards. There appears to be little need for the type of changes that staff has developed. APIF, motion carried. 5. There being no further business, the Commission agreed to adjourn at 8:30 P.M. Submitted by, UNA.A...(LL„ lC./ Charles Tooker Planner Approved 1 1