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HomeMy WebLinkAbout1971 30 MINUTES PLANNING COMMISSION/BOARD OF ADJUSTMENTS REGULAR October 22, 1970 The meeting was called to order at 7:40 p.m. Present: Chairman Rademacher, Members Shirley and Sifferath Absent: Members Rotty and Nicolai Also Present: were the V'»Age Administrator Ford and Commercial Club members Owen Pool and Roger Clay. Motion by Shirley that a public hearing be held at 7:30 p.m. on November 12, 1970 to consider a request for a multiple dwelling special exception and a density variance for the Southwest corner of Maple and 2nd street Parcel 6651-B. Second by Sifferath, APIF, passed. The blanace of the meeting was devoted to a discussion between the members of the Commerical Club and the Commission in regards to the proposed downtown redevelopment plan. Motion by Shirley that it now being 9:10 p.m. that the Ccmrnission stand adjourned. Second by Sifferath, APIF, passed. Repsectfully Submitted, William J. Ford Village Administrator MINUTES PLANNING COMMISSION/BOARD OF ADJUSTMENT REGULAR DECEMBER 10, 1970 Meeting was to have been called to order at 7:30 p.m. Present: Rotty and Shirley Absent: Rademacher, Sifferath and Nioolai No quorum, no meeting held. Respectfully submitted, William J. Ford Village Administrator MINUTES PLANNING COM4ISSION/BOARD OF ADJUSTMENT SPECIAL January 14, 1971 The meeting was called to order at 7:30 p.m. by Chairman Rademacher. Present: Rademacher, Nicolai, Shirley, Sifferath. Absent: Rotty Also Present: Village Administrator The previously published public hearing was opened at 7:35 p.m. to hear the request of Felix Tillges for a special exception for multiple dwellings and for a density variance on Outlot A, Plat of Chateau Manor 2nd Addition. The commission discussed this matter at length with applicant Tillges and his counsel John McBrien as well as with several residents in the audience. At the conclusion of the discussion the Chairman stated he would entertain a motion to grant the request. When none was forth- coming the Chairman ruled the matter closed without any action taken and the request denied. Motion by Sifferath, second by Nicolai that the public hearing be closed at 8:15 p.m. Voting for: Rademacher, Nicolai, Shirley, Sifferath. Voting against: None. Absent: Rotty. Motion carried. The commission discussed at length a proposed recommendation to the council in the matter of formulating policy regulating entrance and driveway access to village streets. The Village Administrator was requested to contact Mr. Ken Anderson, County Safety Engineer to obtain guidelines. The commission conducted a general discussion concerning covenance and building restrictions as to land/building rates. The sense 31 of the discussion was that in certain areas especially that in - R-1 minilimm quality-residence would be desirable to maintain neighborhood compatibility. However, it was agreed that such requirements could very well contravene Federal objectives in the provision of low income housing and that the social and economical impact could be far reaching. Motion by Shirley, second by Nicolai to adjourn at 9:45 p.m. Motion Carried. Respectfully Submitted, William J. Ford Village Administrator VILLAGE OF FARMINGTON MINUTES PLANNING COMMISSION/BOARD OF ADJUSTMENT REGULAR FEBRUARY 25, 1971 The meeting was called to order at 7:30 p.m. Present: Roy Rademacher, Dan Nicolai, Warren Sifferath, Roger Shirley and Gordon. Minutes of the February 11, 1971, meeting were read and approved. Discussion of recently annexed 10 square mile portion of Farmington. Chairman Rademacher read a letter frau Tooker concerning the general development plan for the new area. General discussion of the members followed. The Planning Commission will continue to persue the rezoning of a protion of the 10 square miles as indicated in the minutes of February 11. The chairman of the Planning Commisan will attend the next meeting of the Farmington Village Council to present the objectives of the Planning Command, discuss the possibility of engaging the services for Mr. Tooker. Warren Sifferath discussed South Saint Paul's Redevelopement Plan and how it is being implemented. He stated there was a possibility of a member of South Saint Paul's H & R caning down to talk to us. Motion by NicoAii; Second by Rademacher to pay Invoice #1 for $100 fro molar. All in favor. Respectfully Submitted, Roger H. Shirley VILLAGE OF FARMINGTON MINUTES PLANNING COMMISSION/BOARD OF ADJUSTMENT REGULAR FEBRUARY 11, 1971 The meeting was called to order at 7:30 p.m. Present: Roy Rademacher, Warren Sifferath, Roger Shirley, Dan Nicolai, and Gordon Potty. Discussion of zoning ordinance for new area west of old Farmington Village location. Jerry Bauer was present to request a lot size variance on a lot which is 107 square feet short of the required footage listed in the zoning ordinance. He has 7093 square feet, 7,200 square feet is required. Motion by Sifferath to set a date for a public hearing on March 11 at 7:30 p.m. Second by Nicolai all voted in favor. Motion by Potty recommending to rezone that portion of Sections 35 and 36 of Township 114N Range 20W lying North 32 of an irregular line 100 yards North of existing creek channel to the North boundary of said sections. Area described to be classified industrial under present I-1 zoning ordinance. Second by Nicolai all voted in favor. Respectfully Submitted, Roger H. Shirley MINUTES PLANNING COMMISSION/BOARD OF ADJUSTMENT REGULAR MARCH 11, 1971 The meeting was called to order at 7:30 p.m. Present: Rademacher, Shirley and Nicolai Also Present: The zoning officer and Building Inspector Absent: Sifferath and Rotty The public hearing was opened at 7:30 p.m. in the request of Mr. Jerry Bauer for a density variance on a lot at 608 2nd St. concerning a lot which he is proposing to purchase from property owned by the Chicago, Milwaukee, St. Paul and Pacific Railroad described as the 85 ft. lying north of lot 7 block 5, Original Town of Farmington. Motion by Shirley, second by Nicolai that because of the peculiar situation involving this lot and the hardship resulting therefrom, and because no opposition was forthcoming at the hearing, that Mr. Bauer be granted a density variance from 7200 and 7093 sq. ft. Voting for: Rademacher, Shirley and Nicolai. Voting against: None. Absent: Sifferath and Rotty, motion carried. Motion by Nicolai, second by Shirley that the Planning Cannission recommend to the Council that Mr. Bauer in the above matter be granted a waiver of platting under title 11, section 4, paragraph 5 in the sub-division ordinance. Voting for: Rademacher, shirley, Nicolai. Voting against: None. Absent: Sifferath and Rotty. Motion carried. Mr. Don Johnson appeared before the board in regard to his application for a building permit for a single family dwelling, lot 3 block 1, Hill Dee Addition. Motion by Rademacher, second by Shirley that the board make a determination of fact the Mr. Johnson is the owner of above described lot thereby qualifying as a lot of record under title 10, section 8, paragraph 10. Voting for: Rademacher, Shirley, and Nicolai. Voting against: None. Absent: Sifferath, Potty. Motion carried. Motion by Rademacher, second by Shirley that the Planning Commission recommend to the Council that title 10, section 8, paragraph 1C of the zoning ordinance be amended by deleting the requirement that previous platted lots of record be held in separate ownership in order to qualify for the exemption under the zoning ordinance as to minimun' area and width. Voting for: Rademacher, Shirley, Nicolai. Voting against: None. Absent: Sifferath and Rotty. Motion carried. Mr. Gunner Mortenson appeared to discuss with the board a possible replat of Outlot 2, Chateau Manor involving townhouses and separately owned residential garages held for renting. The board informed Mr. Mortenson that they felt his suggestion to have very little merit and requested that he explore other alternatives in solving his problems. Mr. Robert Stegmaier appeared to dicuss with the board his desire to sell a single lot from property which he owns in the southwest quarter of Section 13. He wished to sell a lot consisting of 41,400 sq. ft. under the interim zoning. That area is in the A-1 zoning district with a minimum lot requirement of 80,000 sq. ft. and a minimum lot width of 200 lineal feet. Motion by Rademacher, second by Nicolai that a public hearing be set for April 8, 8:00 P.M. in the matter of a request for a density variance of, from 80,000 sq. ft. to 41,400 sq. ft. and a minimum' lot width variance of from 200 lineal ft. to 165 lineal ft. Voting for: Rademacher, Shirley, Nicolai. Voting against: None. Absent: Sifferath Rotty. Motion carried. 33 Motion by Nicolai, second by Shirley that the board recommend to the Council that Mr. Stegmaier be granted a waiver of platting in the above matter. Voting for: Rademacher, Shirley, Nicolai. Voting against: None Absent: Sifferath, Rotty. Motion Carried. Mr. Stegmaier also discussed with the planning commission a possible sub-division which he was contemplating in the SW4 of Section 13 and inquired as to the feasibility of his obtaining sewer and water. The Planning Commission requested that the Administrator meet with the Sewer Board and that the problem also be referred to the Water Board. Motion by Shirley, second by Nicolai that Mr. Charles Tooker, the Village Planner be instructed to proceed with the necessary studies required to incorporate the newly acquired 10 sections into the village comprehensive plan and zoning ordinance and that further he be informed that this action is taken with the understanding that his original quotation of $2500 be reduced to $1700 by eliminating the $800 cost item for printing and editing. Voting for: Rademacher, Shirley, Nicolai. Voting against: None. Absent: Sifferath and Rotty. Motion carried. Mr. Adam Fettig appeared before the board in regard to certain construction which he was performing on his property at 626 4th Street. The board was informed that Mr. Fettig was in willfull violation of the Village Code in that he was constructing without a building permit and that further he was in the process of converting a duplex to a 3-unit dwelling without having obtained a special exception. The board also was informed that for Mr. Fettig to convert to a 3-unit dwelling he would require a density variance of from 10,800 sq. ft. to 10,200 sq. ft. There was some confusion as to whether Mr. Fettig was appearing in regard to the stop order issued by the building inspector or whether he was appearing to request a special exception and a variance. In the midst of the dicussion, Mr. Fettig walked out of the meeting. The board then took no further action except to inform the building inspector that if any construction were to proceed henceforth that Mr Fettig be cited under the ordinance. Motion made and carried to adjourn at 10:05 P.M. Respectfully submitted, William J. Ford Village Administrator 34 MINUTES PLANNING COMMISSION BOARD OF ADJUSTMENT REGULAR MARCH 25, 1971 The meeting was called to order at 7:30 P.M. Present: Rademacher, Nicolai, Rotty, Shirley and Sifferath. Also Present: Administrator Ford The commission discussed the advisability of continuing the upcoming public hearing of April 8, to April 22, 1971, 7:30 P.M. This was due to Holy week. They requested the Village Administrator to make the necessary arrangements. Warren Sifferath informed the commission members that he would try to arrange for a visit from the president and the executive secretary of the South St. Paul Housing and Redevelopment authority. He would try to arrange this for 8:00 April 22. He agreed to inform the Administrator with enough advance notice to allow inviting members of the Council, the Industrial Development Corp and the Commercial Club. Mr. Henderson appeared before the Commission with a sketch plan of a tentative new plat adjacent to Henderson Addition. The commission reviewed her tentative plans with her and Mr. Dale Schwanz, land surveyor. They were informed that they should proceed with the regular procedure of submission of plats under Title 11, Chap 3 and Title 11, Chap 4 of the Village Code. They indicated that they would be back for the meeting of April 22, for preliminary plat review. The Commission discussed in detail the present lot requirements in Title 10, Chap 8 of the zoning ordinance. It was the general consensus that the present requirements in R-1, C-1 and A-i were too severe as regards single family dwellings having off-lot sewer and water, off-lot sewer or water, on-lot sewer and water. They seem to think that a 40,000 sq. ft. area requirement and a 200 lineal ft. min width requirement should be maintained for an on-lot sewer and water parcel but with the added provision that in the case of platted property this requirement could be lowered to 30,000 sq. ft. and 200 lineal ft. providing however, the original plat would also include a secondary plat which would allow sub-division of parcels down to 15,000 sq. ft. and 100 lineal ft. for off-lot sewer or water and down to 10,000 sq. ft. and 100 lineal ft. for off-lot sewer and water. The administrator was requested to take this up with the Village Planner for his comments and suggestions. The intent here is to reduce the minimums to keep Farmington competitive while retaining the necessary criteria for public health. Motion made and carried to adjourn at 9:30 P.M. Respectfully submitted, William J. Ford Village Administrator A 35 MINUTES PLANNING COMMISSION/BOARD OF ADJUSTMENT REGULAR APRIL 22, 1971 The meeting was called to order by the Chairman Rademacher at 7:30 P.M. Present: Chairman Rademacher, members Shirley, Sifferath and Rotty. Absent; Member Nicolai Also Present: Village Engineer D.S. Blaisdell and Administrator Ford. Motion by Shirley, second by Rotty that the minutes of the previous meeting be approved. Voting for: Rademacher, Shirley, Sifferath, Rotty. Voting against: None. Absent: Nicolai. Motion Carried. The chairman opened the public hearing as previously advertised at 7:30 P.M. to consider the request of Robert Stegmaier for a density variance and a minimum lot width variance for his lot located in the Southwest of section 13. Motion by Sifferath, second by Shirley that a density variance and a minimum lot width variance be granted. Boting for: Chairman Rademacher, Shirley, Sifferath and Rotty. Voting against: None Absent: Nicolai. Motion carried. At 8:00 P.M. the chairman introduced guest speakers Mr. Leonard and Mr. Moriarity from the South St. Paul Housing and Redevelopment Authority who made a presentation lasting approximately one hour. A question and answer period followed with several members of the audience taking part. Mr. Lulu Henderson presented a sketched plan for a proposed plat of Henderson, 2nd Addition. At the same time Mr. D.S. Blaisdell, Village Engineer presented a written memorandum concerning this proposed plan. After a lengthy discussion, Mrs. Henderson agreed to return to a sub- sequent meeting of the Planning Commission with a revised plan that would include, in addition to other requirements under the ordinance, (a) an expanded area to be platted, (b) a 70 foot street width for the collectors street and (c) dedicated open space within the plat. Ms. Fran Baer, representing Viking Realty, had an informative discussion with the Planning Commission concerning tentative plans for a Mobile Home Park on the Stegmaier Farm, Sec 13, Lakeville Township, Village of Farmington. Ms. Baer agreed to bring to a subsequent meeting of the Planning Commission the developer whom she represents and to present more detailed information concerning the proposal. This matter was tabled until the meeting of May 13, 1971. Motion by Sifferath, second by Shirley that a public hearing be set 7:30 P.M. , May 13, in the matter of a request by Adam Fettig for a special exception to allow the conversion from a duplex to a multiple dwelling and for a density variance of from 10,800 to 10,200 and further that the $25.00 fee for each appeal be combined at $25.00 to include both appeals. Voting for: Rademacher, Shirley, Sifferath, Rotty. Voting against: None. Absent: Nicolai. Motion carried. Motion by Shirley, second by Rotty that a public hearing be set for 7:30 P.M. , May 13, in the matter of a request for a special exception by George F. and Esther P. Bell to allow the expansion of a continuing non-conforming use at 308 Elm Street. Voting for: Rademacher, Shirley Sifferath and Rotty. Voting Against: None. Absent: Nicolai. Motion carried. Mr. Bill Tschida, representing Lincoln Realty, who are the promoters of Hill-Dee Addition sought from the Board of Adjustment relief for a hardship which they believe to exist in the Hill-Dee 2nd Addition. The hardship resulted from several lots having extreme front footages with very little depth. One possible remedy would be to allow duplexes or double bungalows. It was found, however, that both Hill-Dee Addition and Hill-Dee 2nd Addition, being in the newly acquired 10 sections, had an interim zoning of A-i. Two family units are not permitted in A-i district. This matter was tabled for future action. Motion by Shirley, second by Sifferath that the Planning Commission recommend to the Council that Hill-Dee and Hill-Dec 2nd be rezoned to an R-2 zoning district. Voting for: Rademacher, Shirley, Sifferath, Rotty. Voting against: None. Absent: Nicolai. Motion Carried. 36 The Planning Commission set a special meeting for 7:30 P.M. , Tuesday May 4, the specific purpose of which will be to discuss the problem of street names and numbers and to make recommendations to the Council. Mr. Gunner Isberg, Dakota County Planner, will appear. Motion made and carried to adjourn at 11:45 P.M. Respectfully submitted, William J. Ford Village Administrator MINUTES PLANNING COMMISSION/BOARD OF ADJUSTMENT SPECIAL MAY 4, 1971 The meeting was called to order at 7:30 P.M. Present: Chairman Rademacher, members Nicolai, Shirley and Sifferath. Mr. Bob Rehagen, resident engineer for F.A.A. appeared to request a special exception to expand an existing non-conforming use - public building in R-1 zoning district. Motion by Sifferath, second by Nicolai setting a public hearing in the matter for 7:30 P.M. May 27, 1971. Voting for: Rademacher, Nicolai, Rotty, Shirley, Sifferath. Voting against: None. Motion carried. The rest of the meeting was devoted to an open discussion concerning proposed changes in the village street names and numbering system. Representatives from the County Planners office explained the County system in detail. Several citizens in the audience expressed their opinion. The Planning Commission delayed making any recommendation to the Council at this time. Motion made and carried to adjourn at 10:00 P.M. Respectfully submitted, William J. Ford Village Administrator 37 MINUTES PLANNING COMMISSION/BOARD OF ADJUSTMENT REGULAR MAY 13, 1971 The meeting was called to order at 7:30 P.M. Present: Chairman Rademacher, Members Nicolai, Rotty and Shirley Absent: Sifferath Motion by Shirley, second by Rotty that the minutes of April 22, be approved. Voting for: Rademacher, Nicolai, Rotty, Shirley. Voting against: None. Absent: Sifferath. Motion Carried. At 7:30 P.M. the public hearing was opened in the matter of the request of Adam Fettig in his request for a special exception (#8) and a variance (#19) to convert a non-conforming duplex in an R-2 zone to a multiple dwelling (3 units) . Motion by Shirley, second by Rotty that whereas applicant has not shown a clear hardship and to grant these appeals would abrogate the intent of the ordinance, that the appeals be denied. Voting for: Rademacher, Nicolai, Rotty, Shirley. Voting against: None. Absent: Sifferath. Motion carried. At 7:35 P.M. the public hearing was opened to consider the appeal of George Bell for a special exception (#9) to expand a non-conforming use (wholesale business) in the B-2 zone. Motion by Rotty, second by Shirley whereas the proposed expansion is a permitted use under the ordinance and whereas it is found that this activity would not be incompatible with the B-2 zoning and whereas no variance has been requested in regard to the parking require- ment of 4 spaces per 1000 sq. ft. It is moved that the special exception be granted. Voting for: Rademacher, Nicolai, Rotty and Shirley. Voting against: None. Absent: Sifferath. Motion carried. The appeal of Mr. Chris Luebke for a special exception (#10) to allow a home occupation in an R-2 zone was considered. Mr. Luebke wished to operate a part time barber shop from his residence at 708 Walnut. Motion by Nicolai, second by Rotty that a public hearing be set for 7:30 P.M. , June 10 under section 10-10-8 of the zoning ordinance. Voting for: Rademacher, Nicolai, Rotty, Shirley and Sifferath. Voting against: None. Motion carried. At 7:55 P.M. the agenda called for a presentation by viking Realty in regard to a proposed Mobil Home Park in Section 13, Lakeville Township, Village of Farmington. Mr. Fran Baer, representative of Viking Realty informed the commission that her client was unable to attend and request that the matter be set over until 8:00 P.M. , May 27. The commission agreed. Mrs. Lulu Henderson met for the second time with the commission to discuss the proposed plat, Henderson 2nd Addition. The commission raised several questions concerning the proposed plat and especially in regard to minimum lot size for on lot sewer and water. Several suggestions were made to Mrs. Henderson by which her plat might possible be improved and initial capital outlay reduced. One such suggestion was to actually plat and file the entire area and then to develop in phases. Mrs. Henderson expressed some reluctance to premature platting because she feared substantial increase in property taxes due to platting. It was agreed that the Village Administrator would contact the County Assessors to attempt to secure some written assurance from the assessor that this would not occur. Motion made and carried to adjourn at 9:30 P.M. Respectfully submitted, William J. Ford Village Administrator 39 MINUTES PLANNING COMMISSION/BOARD OF ADJUSTMENT REGULAR MAY 27 , 1971 The meeting was called to order at 7:30 P.M. by chairman Rademacher. Present: Chairman Rademacher, Commissioners Nicolai, Shirley. Absent: Commissioners Rotty and Sifferath. Also present: Village Planner Tooker and Administrator Ford At 7:30 the Public Hearing on the appeal by F.A.A. for a special exception to allow the expansion of an existing non-conforming use in an R-1 zoning district. Motion by Shirley, second by Nicolai that the special exception be granted. Voting for: Rademacher, Nicolai, Shirley. Voting against: None. Absent: Rotty and Sifferath. Motion Carried. Commissioner Sifferath arrived at 7:45. The commission has a short discussion concerning street names and numbering policy. It was decided to table this matter pending results of the J. C. poll. The advisory meeting with the commission was begun at 8:00 concerning a proposed Mobile Home Park in section 13 on the Robert Stegmaier property. It was disclosed that the applicant is Mr. Gerald Toberman President of Modular Industries Corporation. Representing the applicant was Mrs. Fran Baer of Viking Realty and Mr. Gaynor Hemness and Mr. Jim Levy of Park Development and Management Corporation. The representatives of the applicant made a presentation to the Planning Commission giving the background and corporate history of the developers. They indicated that the proposed site totaled 312 acres and they would anticipate 200 units at the start. Mr. Hemness described several existing Mobile Home Parks which they have developed and presently manage and he stated that in these parks they are averaging 8/10 school age child per mobile home. His exposition included an analysis of taxes paid to the municipality and to the School district by Mobile Home Parks as compared to the equivalent of the present R-2 residential zoning district in Farmington. This analysis showed Mobile Home Parks to be more favorable to both the municipality and School District. Mr. Hemness also stated that four separate bulls dealing with Mobil Home Parks which would make the situation even more favorable and passed both houses of the legislature and were awaiting the Governors signature. The following statistics were presented by Mr. Hemness PARK NO.SPACES CHILD RATIO UNITS Eaton Park 108 18 1.6 So. St. Paul 70 4 1.4 Connelly's 61 15 1.4 Queen Ann 155 25 1.6 Sunny Acres 121 35 1.4 Skyline Village 250 42 1.6 Camelot 117 Hastings Park 72 10 1.7 Mr. Hemness further stated that in all of the parks which they operate they restrict entrants to two children per unit, resulting in an average of three children per acre. Commissioner Rotty arrived at 8:45 P.M. Mr. Bill Tschilda appeared, representing Lincoln Realty, to request a special exception for Multiple-Dwellings, Hill-Dee Addition, all of block 3 and outlot A of Block 1. This area was recently rezoned to R-1. Motion by Sifferath, second by Shirley that a public hearing be set for this matter for 7:30 P.M. June 24. Voting for: All. M. C. Village Planner, Charles Tooker, agreed to make a report to the Planning Commission on June 10, as to his progress of planning study for the new 10 sections. He also agreed to have his completed report ready for the meeting of the 24th. 40 Motion by Nicolai, second by Shirley whereas in view of the recom- mendation of the Village Planner has been recommended that the following described land presently zoned R-1 be zoned R-2: Including 300' west of the center line of Division St. between Elm and Spruce and 650' west of the center line of Div St. between Spruce and the east west alley which lies between Spruce and Walnut Street. Voting for: Chairman Rademacher, Nicolai, Rotty, Shirley and Sifferath. Voting against: none. Motion carried. The commission deferred making any recommendations at this time con- cerning zoning for bill boards. Motion made and carried to adjourn at 10:00 P.M. Respectfully submitted, William J. Ford Village Administrator 41 MINUTES PLANNING COMMISSION/BOARD OF ADJUSTMENT REGULAR JUNE 10 , 1971 The meeting was called to order at 7 : 30 P.M. Present : Chairman Rademacher, members Nicolai and Rotty Absent : Shirley and Sifferath Also present : Administrator Ford and Planner Tooker The Public Hearing on the request for a special exception by Chris Luebke for a home occupation (Barber Shop) in his residence at 704 Walnut Street. Motion by Rademacher, second by Nicolai that special exception #11 dated 6-10- 71 be granted to Mr. Luebke. Voting for: Rademacher, Nicolai, Rotty. Absent : Sifferath and Shirley. Motion Carried. Mr. and Mrs Dale Neilan appeared to discuss with the commission the possiblility of installing a commercial camp ground located on their property in the SE% of the SE% of Section 36, Lakeville Township. This matter was referred to the Administrator and the Planner for researching. Planner Charles Tooker presented his preliminary planning and zoning ideas for the newly acquired 10 sections . He was instructed to pro- ceed with the assignment. The comiission discussed briefly the matter of the proposed billboard regulation ordinance. This matter was laid over to the next meeting. The Planning Commission discussed the merits of a recommendation by the Administrator that the Council adopt a policy of informing all abutting property owners by direct mail in all instances of proposed rezoning, special exceptions , variances . Motion by Nicolai, second by Rotty that the Commission go on record as favoring that the Administrator pass the recommendation on to the Council along with a study which would show approximate work load and cost that would have been incurred during the first half of 1971. Voting for: Rademacher, Nicolai, Rotty. Voting against : None. Absent: Shirley and Sifferath. Motion Carried. Motion made and carried to adjourn at 10 : 30 P.M. Respectfully submitted, William J. Ford Village Administrator WJF/kg 43 MINUTES PLANNING COMMISSION/BOARD OF ADJUSTMENT REGULAR JUNE 24, 1971 The meeting was called to order by the Chairman at 7:30 P.M. Present: Chairman Rademacher, Members Nicolai and Shirley. Absent: Members Rotty and Sifferath Also Present: Administrator Ford and Planner Tooker A request by Harris-Jorgensen for a special exception to allow multiple dwellings on certain selected lots was tabled after the Administrator informed the Commission that the applicant had withdrawn his request. The withdrawal was based on the extremely low density allowed because of on-lot sewer and water in an R-1 zone. The Commission discussed the request of Dale E. Neilan for a Tourist Camp. It was agreed that the Administrator would contact the State Public Health Department to determine their jurisdiction and also to secure some model ordinances. This matter was laid over to the meeting of July 8. The problem of bullboard regulation was deferred until a later date. A request by Midwest Federal to construct 26 single car garages on the southeast corner of the Townsedge Shopping Center property was found to be acceptable in general but the Administrator was requested to secure a site plan drawn to scale. This matter was laid over to the meeting of July 8. Motion by Shirley, second by Nicolai that the Planning Commission re- commend to the Council that the following be rezoned from R-1 to R-2: Outlots 2 and 3 Chateau 1st and Outlot A, Chateau Manor 2nd. Voting for: Rademacher, Nicolai, Shirley. Voting against: None. Absent: Rotty, Sifferath. Motion Carried. Motion by Nicolai, second by Shirley that a Public Hearing be set for July 22, 7:30 P.M. to consider the application of Felix Tillges for a special exception to allow multiple dwellings on Outlot A of Chateau Manor 2nd. Voting for: Rademacher, Nicolai, Shirley. Voting against: None. Absent: Rotty, Sifferath. Motion Carried. Planner, Charles Tooker, again reviewed with the Planning Commission his progress on the planning for the newly acquired 10 sections to be in- corporated into the Village Comprehensive Plan. His considerations to this point have emphasized land use, projected population densities and transportation. There was a lengthy discussion in which members of the audience also took part including mobile home park developer Toberman and land owner Stegmaier. There appeared to be a good deal of difference in opinion as between the Commission and the planner and among the three commission members present. The main points of contention were locations and quantity of green space, the existence of an R-2 land use in the northern part of the Village and the allotted acreage of industrial land use. It was agreed to have a work session with the Planning Commission and the planner prior to the next meeting on July 8. It was hoped that at the meeting of the 8th that a consensus could be arrived at so that a tentative plan could be taken to the public for discussion. Motion by Nicolai, second by Shirley that a public hearing be set for 8:00 P.M. , July 22, for the purpose of reviewing the proposed Village Comprehensive Plan after which the Commission could, hopefully, certify it to the Council. Voting for: Rademacher, Nicolai, Shirley. Voting against: None. Absent: Rotty, Sifferath. Motion Carried. Motion made and carried to adjourn at 10:40 P.M. Respectfully submitted, William J. Ford Village Administrator 45 MINUTES PLANNING COMMISSION/BOARD OF ADJUSTMENT REGULAR JULY 8, 1971 The meeting was called to order by the Chairman at 7:45 P.M. Present: Chairman Rademacher, Members Nicolai, Rotty, Shirley, Sifferath Also Present: Administrator Ford, Engineer Blaisdell and Planner Tooker Motion by Nicolai, second by Shirley that the minutes of 5/27 and 6/10 be approved. Voting for: Rademacher, Nicolai, Rotty, Shirley, Sifferath Voting against: None. Motion carried. Motion by Shirley, second by Nicolai that the proposed plat of Henderson 2nd Addition be recommended to the Council for approval with the following stipulations: 1. That it be understood that water mains $ feeders be extended from the present municipal system and in every case looped. 2. That the existing lift station be moved in the 1st stage. 3. That the storm sewer be installed as shown on the plat in the first stage. 4. That the improved storm water storage pond be constructed and dedicated in the first stage. 5. That no building permits be issued to any lot which does not at that time have sanitary sewer, water, curb and gutter, and paving improvements in. And further, that the Council take special cognizance of the problems which are presented by constructing houses with basements at or below the highwater table mark. The motion recommending approval specifically stipulates that the Council should (a) prior to approval of this plat amend the building code to prohibit the construction of basements, structures, or sub-structures within 2 feet of the high water table mark (b) approve this plat with this specific prohibition, or (c) 111 approve this plat with the understanding that if the above restriction is not operative, municipal funding would not be available for the improvements. All of the above being in accordance with the memorandum from D.S. Blaisdell $ Assoc. , dated July 8, 1971. Voting for: Rademacher, Nicolai, Rotty, Shirley, Sifferath. Voting against: None. Motion carried. The Planning Commission discussed with the Administrator the preliminary work which he had compiled toward preparation of an ordinance regulating Tourist Parks and Camp grounds. It was agreed that the basic points re- quiring regulations would be included in a model ordinance and distributed to the commission for review. A proposed ordinance regulating bill boards was put over to the meeting of July 22, 1971 In reviewing the site plan of Midwest Federal's to construct 26 single garages within Lot 1, Townsedge Replat, it was determined that the pro- posal was in compliance with the zoning ordinance and that if no variance was requested that the building permit be issued. The balance of the meeting was taken up in a full scale discussion of the proposed Village Comprehensive Plan involving the Commission, Administrator Ford, Planner Tooker, Engineer Blaisdell, and members of the audience. Motion made and carried to adjourn at 9:30 P.M. Respectfully submitted, William J. Ford Village Administrator WJF/kg 47 MINUTES PLANNING COMMISSION REGULAR JULY 22, 1971 The meeting was called to order by Chairman Rademacher. Present: Chairman Rademacher, members Nicolai, Rotty, Shirley and Sifferath. Also present: Administrator Ford and Planner Charles Tooker Minutes of June 24 and July 8, 1971 were approved. A request by Mr. Bob Emerson, 521 Heritage Way, for a sidelot variance was tabled without action due to a lack of motion. It was felt that a hardship peculiar to the property had not been shown. The preliminary draft of a proposed ordinance regulating recreational camp areas was discussed by the members of the commission and by citizens in the audience including Mr. and Mrs. Dale Neilan. This matter was to be discussed again at the meeting of August 19. The public hearing scheduled for 8:00 P.M. was opened by the Chairman dealing with a review of the substantial change to the Village Compre- hensive plan which incorporates the newly annexed 10 sections. A very long discussion ensued. Motion by Sifferath, second by Rotty, that the land use and transportation maps be adopted and presented with the following changes to be made: (a) Convert the high density area North of and abutting 50 and East of Flagstaff to industrial. (b) Move the commercial zone expressed in red in the Northeast quadrant of Flagstaff and 50 to the Southeast quadrant and that the plan be presented and certified to the Council at their meeting of August 2. Voting for: Nicolai, Rotty, Shirley, Sifferath. Voting against: Rademacher. Motion Carried. Planner Tooker was instructed to prepare and present to the Commission a model zoning map based on the above plan at the meeting of August 19. The Commission allowed time on the agenda to Mrs. Fran Baer, Viking Realty, to discuss a proposed Mobile Home Park in Section 13. Also speaking on the matter was Mr. Toberman and Mr. Stegmaier. Motion by Sifferath, second by Shirley recommending the Code be amended as to zoning in order to allow Mobile Home Parks as a special exception in all R-1 zoning Districts. Voting for: Rademacher, Rotty, Nicolai, Shirley, Sifferath. Voting against: None. Motion carried. Mr. Stegmaier requested the Commission to rezone his farm from A-1 to residential. The Chairman stated that he would entertain such a motion and when none was forthcoming the matter was dropped. Motion made and carried to adjourn at 10:40 I .M. Respectfully submitted, William J. Ford Village Administrator r 49 MINUTES PLANNING COMMISSIO REGULAR AUGUST 19, 1971 The meeting was called to order by Chairmandemacher at 7:30 P.M. Present: Chairman Rademacher, Members Rotty t nd Sifferath. Arriving later: Members Nicolai and Shirley III Also Present: Administrator Ford and Plannei' Tooker Motion by Rotty, second by Sifferath that th minutes of July 22, 1971, be approved with the follwoing correction: n the motion of Sifferath and Rotty that the land use and transportati n maps be adopted, show Rademacher as voting against. Voting for: demacher, Rotty, Sifferath. Voting against: None. Absent: Nicolai and Shirley. Motion carried. l The public hearing was opened in the request of Felix Tillges for special exception #12 to allow multiple-dwellings inan R-2 zone, Outlot A, Chateau Manor 2nd Addition. Motion by Rotty second by Shirley that the above special exception be granted. Vot g for: Rademacher, Rotty, Shirley and Sifferath. Voting against: Non . Absent: Nicolai. Motion carried. The Planning Commission had a lengthy discus ion with Mr. Bob Emerson who requested that several lots in Chateau or 2nd Addition be recommended to the Council for rezoning from R-1 to R-2. Motion by Rotty, second by Sifferath to recommend to the Council that 1 is 1-10, block 2, Chateau Manor 2nd Addition be rezoned from R-1 to R- . Voting for: Rotty. Voting against: Rademacher, Nicolai, Shirley, Siff rath. Request denied. The Planning Commission again reviewed the proposed ordinance to license and regulate camping areas. This matter was set over to the meeting of August 26, 1971. I IIII Motion by Nicolai, second by Rotty to approve the payment of a bill from Charles Tooker in the amount of $800.00. Voting for: Rademacher, Nicolai, Rotty, Shirley, Sifferath. Voting against: None. Motion carried. Motion by Sifferath, second by Nicolai to set the time for a public hearing at 8:00 P.M. , September 23, 1971, to hear the request of Robert Stegmaier for a special exception to permit Mobile Home Park on his land located in Section 13, the Administrator to publish. Voting for: Rademacher, Nicolai, Rotty, Shirley, Sifferath. Voting against: None. Motion carried. Planner Tooker made a presentation to the P1ing Commission of the pre- liminary zoning map and a lengthy discussion followed. Tooker was asked to make certain modifications and changes in luding the creation of an fln R-3 zone (multiple-dwellings) , new suggested language in the ordinance and to square off to some extent the irregul .r boundaries between zoning districts. Motion made and carried to adjourn at 10:15 ] .M. Respectfully submitted, P Y III William J. Ford Village Administrator IL 1 Ir I 51 w MINUTES PLANNING COMMISSION REGULAR SEPTEMBER 9, 1971 The meeting was called to order by the Chairman at 7:30 P.M. Present: Chairman Rademacher, Members Rotty, Shirley and Sifferath. Absent: Member Nicolai Also present: Village Administrator Ford and{ Planner Charles Tooker. Motion by Sifferath, second by Rotty that th proposed ordinance regulating and licensing of Recreational C ing acreas be referred to the Council for their recommendation for doption with changes as indicated. Voting for: Rademacher, Rott , Shirley, Sifferath. Voting against: None. Absent: Nicolai. M tion carried. Motion by Shirley, second by Rotty that the Village Code be amended to allow recreational camping areas as a pe itted use in A-1 and C-i zoning districts and as special exception in an R-1 zoning district. Voting for: Rademacher, Shirley, Rotty, Sif erath. Voting against: None. Absent: Nicolai. Motion carried. Request of Howard Haffner for a building permit at 19618 Pilot Knob Road was set aside until 8:00 P.M. , October 14, at which time it would be determined as to: (a) the land use to which he intends to put the land, use car storage or sales (b) whether or not a continuing non-conforming use existed as of November 16, 1970. (c) if it existed, whether or not it has been abandoned. (d) whether the changes he proposes is substantial and significant and therefore, prohibited under title 10, section 10, paragraph IN & 1B. III Motion by Sifferath, second by Shirley, that a public hearing be set for October 14, 1971, at 7:30 P.M. for a heiht variance to John Devney for the construction of silos on his farm at 5744 Lakeville Blvd. Voting for: Rademacher, Rotty, Shirley, Sif erath. Voting against: None. Absent: Nicolai. Motion carried. Motion by Rotty, second by Sifferath, that a ublic hearing be set for October 14, 1971, at 7:30 P.M. for an of street parking variance to the VFW Club at 209-211 Oak Street. Voting for: Rademacher, Rotty, Shirley, Sifferath. Voting against: None. bsent: Nicolai. Motion carried. A lengthy and involved discussion took place concerning the proposed extension of an amendment to the zoning ord. ance in the new ten sections as recommended by the Planner. A s ecial work session was scheduled for 7:00 P.M. , September 16, at which time the new zoning map and amendments would be thoroughly discused. The Planning Commission asked the Village Adrr.inistrator to recommend to the Council that in view of the ever increasing work load that separate individuals be appointed to compose the Planning Commission and the Board of Adjustments. III The Administrator was also asked to check into the legality of remuneration for Planning Commission members. Motion by Rotty, second by Rademacher that t e bill of Charles Tooker be paid as presented. Voting for: demacher, Rotty, Shirley, Sifferath. Voting against: None. Absent: Nicolai. Motion carried. Motion made and carried to adjourn at 11:40 P.M. Respectfully submitted, William J. Ford Village Administrator I 53 MINUTES PLANNING COMMISSION SPECIAL SEPTEMBER 17, 1971 The meeting was called to order at 7:30 P.M. by Chairman Rademacher Present: Chairman Rademacher, members Rotty, Shirley, Sifferath and Nicolai. Also present: Planner Tooker The entire evening was devoted to an examination of suggested amendments to the zoning ordinance and map with planner Charles Tooker. Motion by Sifferath, second by Nicolai that the Planning Commission recommend to the Council, the following changes to the zoning ordinance and map as amended. Voting for: Rademacher, Nicolai, Rotty, Shirley and Sifferath. Voting against: None. Motion carried. Motion made and carried to adjourn at 9:30 P.M. Respectfully submitted, William J. Ford Village Administrator MINUTES PLANNING COMMISSION • REGULAR SEPTEMBER 23, 1971 The meeting was called to order at 7:30 P.M. by Chairman Rademacher. Present: Chairman Rademacher, members Nicolai, Rotty and Shirley. Absent: Member Sifferath Motion by Nicolai, second by Rotty that the minutes of August 19, 1971 be approved as presented. Voting for: Rademacher, Nicolai, Rotty, Shirley. Voting against: None. Absent: Sifferath. Motion carried. Motion by Shirley, second by Rotty that the minutes of September 9, 1971 be approved with changes as indicated. Voting for: Rademacher, Nicolai, Rotty, Shirley. Voting against: None. Absent: Sifferath. Motion carried. The Zoning officer presented to the Planning Commission a proposal by Darrell Sisson to secure access to his property from the Municipal Pool Parking lot. The Commission unanimously thought it a bad idea. At 8:00 P.M. the Chairman opened the public hearing on the request by Robert Stegmaier for a special exception to allow a Mobile Home Park on his land in section 13. A lengthy discussion followed among members of the Commission and the audience. At 8:45 P.M. the chairman ruled that there being no futher discussion he would entertain a motion. Motion by Shirley that the request be denied. Motion was withdrawn when no second could be obtained. Motion by Rotty, second by Nicolai that the special exception be granted contingent upon the area in question actually being zoned appropriately by the Council at their public hearing to be held October 18, 1971. Voting for: Rademacher, Nicolai, Rotty. Against: Shirley. Absent: Sifferath. Motion carried. The zoning officer was requested to look into the possibilities of some sort of remuneration for Planning Commission members. Motion made and carried to adjourn at 9:30 P.M. Respectfully submitted, William J. Ford Village Administrator Zoning Officer • CHAPTER 2 ZONING MAP; DISTRICTS SECTION 10-2-2 : Zoning Districts : Residential Districts "R-A" Agricultural District "R-i" Suburban District "R-2" Urban District "R-3" Multiple District CHAPTER 3 • RESIDENTIAL DISTRICTS 10-3-1: Purpose: (A) "R-A", the Agricultural District is designated for for land where central water and sewer facilities are not now available and the installation of these facilities is of low priority. It is primarily an agricultural area within the Village that should remain for the forseeable future. (B) "R-1" ( C) "R-2" (D) "R-31', the Multiple District, is designated for land which should be devoted to high density developments including apartments, town houses and planned unit develop- ments. This district represents a more intensive use of land than would be permitted in the other "R" districts. • CHAPTER 7 PERMITTED USES i 10-7-1 : Permitted Uses : R-A Agricultural Districts 1. Agriculture 1. Home Occupation 2 Single�Family Dwellings 2. Commercial Recreational Uses —0, . Travel Trailer Storage 3. Public Buildings . Public Parks and Play- ,J4. Public Utility Buildings mow' grounds 5. Water and Sewage Treatment . Public and Parochial Plants Schools 6. Sanitary Land Fills . Golf Courses 7 . Cemeteries �` . Specialized Animal 8. Mineral Extraction Stables and Riding, 9. Radio and T.V. Stations Academies 10. Water Recreation and Water (�. Churches Storage 1Q. Greenhouses and Nurseries' 11. Essential Services • 1.4. Accessory Uses R-1 Suburban District ( change wording) 5. Hospitals and Clinics 9. Public Buildings 11. Planned Unit Development R-2 Urban DistriLt��`" '��`��� ( change wording) 6. Hospitals and Clinics 11. Public Buildings 13. Planned Unit Development 14. Mobile Home Parks i 5• I M.Jr e1&IAA� R-3 Multiple District 1. Single {Family Dwellings 1. Nursing Homes 2. Two-Family Dwellings 2. Hospitals & Clinics 3. Multiple-Family Dwellings 3. Public Utility Buildings . Public & Parochial Schools 4. Fire Stations Public Parks & Playgrounds 5. Public Buildings • Churches 6. Private Clubs 7 . Planned Unit Development L CHAPTER 8 LOT AND YARD REQUIREMENTS • 10-8-2 LOT AND YARD REQUIREMENTS: R-A R-1 R-2 R-3 Minimum Lot Area ( sq. ft. ) < off-lot sewer and water 80,000 10,000 7,200 off-lot sewer or water 80,000 15,000 15,000 15,000 on-lot sewer and water 80,000 40,000 40,000 40,000 Minimum Lot Area/Family ( sg .ft. ) j' by off-lot sewer and water 80'000 off-lot sewer or water 80,000 10,000 10,000 10,000 on-lot sewer and water 80,000 40,000 20,000 20,000 Minimum Lot Width ( sq. ft. ) off-lot sewer and water 200 75 40 iPl • off-lot sewer or water 200 100 100 100 on-lot sewer and water 200 200 150 150 Minimum Depth Front Yard (feet) 30 30 30 30 Minimum Width Side Yard (feet) 25 10 goo �� B-1 B-2 B-3 -1-1 C-1 Minimum Lot Area (sq. ft. ) off-lot sewer and water 10,000 5000 5,000 40,000 80,000 off-lot sewer or water 20,000 20,000 20,000 80,000 80,000 on-lot sewer and water 40,000 40,000 40000 80,000 80,000 _Minimum Lot Area/Family (sq. ft. ) - off-lot sewer and water -- 1,800 -- -- 80,000 off-lot sewer or water -- 10,000 -- -- 80,000 on-lot sewer and water -- 200000 -- -- 80,000 Minimum Lot Width (feet) off-lot sewer and water 75 50 50 150 200 off-lot sewer or water 100 10.0 100 200 200 - on-lot sewer and water 150 150 150 200 200 Minimum Depth Front Yard (feet) 30 io 10 40 30 Minimum Width Side Yard (feet) 10 6 25 25 • • • CHAPTER 10 • GENERAL REGULATIONS 10-10-5 : PLANNED UNIT DEVELOPMENT : To help encourage a more creative approach to the use of land, departures from the Zoning Ordinance may be granted by the Village Council in Planned Unit Development Districts designated on the official Zoning Map. Permission to develop specific parcels of land under the provisions which follow, shall be binding on all construction. Any proposed change in the development plan after approval by the Village Council shall be resubmitted for consideration. The land use minimum lot area, yard, height and accessory uses determined by the planned unit development requirements shall prevail over conflicting require- ments listed elsewhere within this Zoning Ordinance or in the Farmington Subdivision Ordinance. (A) Preliminary Development Plan Procedure: An applicant for a planned unit development shall submit a preliminary development plan to the Zoning Officer with a written statement and a certified check or money order, in an amount of not less than twenty five ($25.00) dollars or more than two hundred ($200.00) dollars to cover the costs incurred in checking and processing such plans. 1. Within 60 days after the filing of the preliminary plan • with the Zoning Officer, the Planning Commission shall forward the plan to the Village Council with a written report recom- mending that the plan be disapproved, approved, or approved with modifications stating the reasons for these recommendations. 2. Within 45 days after the receipt of the application by the Village Council a public hearing shall be held by the Village Council on the application. The Village Council may continue the hearing or refer the matter back to the Planning Commission for further study, provided, however, that the public hearing or hearings shall be concluded within 45 days after the date of the first public hearing, unless the applicant shall consent in writing to an extension of the time. Upon conclusion of all hearings the Village Council shall within 30 days make and file findings and cause a copy thereof to be mailed to the applicant. 3. In the event tentative approval is granted subject to conditions, the applicant shall, within 45 days after receiving a copy of the findings of the Village Council, notify the Village Council of the acceptance or refusal of all conditions. Refusal of the applicant shall constitute denial of the plans by the Village Council. Failure of the land owner to notify the Village Council of his acceptance or refusal of the conditions to the plan, constitute acceptance of the conditions. • (B) Final Development Plan Procedure : Within six months following the approval of the preliminary development plan, the applicant shall file with the Zoning Officer a final development plan containing in final form the information required in the prelim- inary plan. The Village Council at its discretion may extend for six months the period for filing of the final development plan. 1. The Zoning Officer shall send a reproducible print and one other print to the Chairman of the Village Planning Commission. If the Planning Commission finds that the final plan is in substantial compliance with the plan given preliminary approval, it shall endorse the plan and submit it to the Village Council within 30 days. 2. A public hearing on an application for final approval of the plan or part thereof shall not be required provided that the plan is in substantial compliance with the plan given preliminary approval. 3. In the event the plan as submitted for final approval is not in substantial compliance with the preliminary plan, the Village Council shall notify the applicant within 45 days of the date • of application setting forth ways in which the plan is not in substantial compliance. a. The applicant may treat such notification as denial of final approval : or b. The applicant may refile his plan so that it does substantially comply with the preliminary plan: or c. The applicant may file a written request with the Village Council that it hold a public hearing on his request for final approval. Any such hearing shall be held within 30 days after the request for such a hearing. Within 45 days of such hearing the Village Council shall either grant final approval or deny final approval to the plan. 4. If the Village Council fails to act, within the time prescribed, the applicant may, after 20 days written notice to the Village Council, file a complaint with any court of local jurisdiction. Upon showing that the Village Council has failed to act within the time prescribed, the court can enter an order directing the County Registrar of Deeds to record the plan as submitted for final approval without the approval of the Village Council. 5. In the event a plan is given final approval and the applicant shall abandon said plan or in the event the appli- cant shall fail to begin construction of the planned unit development within 18 months after final approval has been granted, final approval shall terminate unless such time period is extended by the Village Council. (C) General Requirements : In a planned unit development the following regulations should be considered prior to the submission of a preliminary development plan. 1. Ownership); The tract of land shall be under unified control at the time of application and scheduled to be developed as one unit. 2. Minimum Size: No planned unit development may include less than five acres of contiguous land. 3. Minimum Building Spacing: Any buildings exceeding the height limits permitted in the surrounding district shall be so located as to eliminate the possibility of casting unbroken shadows on adjoining parcels. 4. Harmony: The planned unit development should be planned and developed to harmonize with both existing and proposed devel- opments in the area surrounding the project. 5. Permitted Uses : The permitted uses may include : a. Any combination of dwelling units in single family, two family, town or row houses and apartments. b. Any non-residential use, to the extent such non-residential use is designed and intended to serve the residents of the planned unit development. c. Public and private education facilities. d. Other uses permitted in the Zoning District in which the planned unit development is located. 6. Open Spaces : A minimum of twenty percent for private or public open air recreational uses protected by adequate covenants running with the land or by conveyances or dedications as the Planning Commission shall specify shall be an integral part of the plan. Such open space shall not include apace devoted to streets, parking and private yard space. • 7 . Density: An increase in density may be allowed under the following conditions provided that traffic patterns will not be adversely affected and that public facilities are adequate. a. For undeveloped common open space, a maximum increase of five percent. b. For distinctiveness and excellence in siting, design, and landscaping, a maximum increase of five percent. (D) Preliminary Development Plan Specifications : An applicant shall submit to the Zoning Officer the preliminary development plan which shall be composed of drawings and a written statement. 1. The drawings may be in schematic form and must contain the following: a. The location, size of site and the proposed uses of the land to be developed. b. The density of land use to be allocated to the several parts of the site to be developed. • c. The location and size of all common open space and the form of organization to own and maintain such space. d. The use, height, bulk and approximate location of buildings and other structures. e. The plans for 'the distribution of sanitary wastes and storm water. f. The plans for parking of vehicles and the location and width of proposed streets. g. A schedule showing the proposed times within which application for final approval of all sections of the planned unit development are intended to be filled. h. A topographic map prepared by a registered civil engineer or land surveyor covering the entire tract proposed for development. Such maps ,shall be drawn at a scale of 1" = 1001 and shall indicate topography at a two foot contour interval. It shall show in accurate detail the topography$ existing buildings, land features and trees. • 2. The written statement shall include the following: a. An explanation of the general character of the planned unit development. b. A statement describing the ultimate ownership and maintenance of all parts of the development including streets, structures and open space. c. The total anticipated population to occupy the planned unit development, with breakdowns as to the number of school age children, adults and families. (E) Final Development Plan Specifications : The final development plan filed with the Zoning Officer shall contain in final form all of the information required in the preliminary development plan. (F) Findings Required : The findings necessary for approval of the preliminary and final development plans shall be based on the following and describe in what respect the plan would or would not be in the public interest. • 1. The plan is not in conflict with the Farmington Comprehensive Plan. 2. The plan is designed to form a desireable and unified development within its own boundaries. 3. The proposed uses will not be detrimental to present and future land uses in the surrounding area. 4. Any exceptions to the standard requirements of the zoning and subdivision ordinances are justified by the design of the development. 5. The plan will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the planned development. 6. The planned development will not have an undue and adverse impact on the reasonable enjoyment of neighboring property. (G) Zoning : Once the proposed plan has been approved, the Planning Commission shall propose an ammendment to the Zoning Map for action by the Village Council, as outlined in Chapter 12 of the Zoning Ordinance. The planned unit development shall be outlined on the official zoning map and labeled Y.U.D. • (H) Annual Review: The Planning Commission shall review all Planed Unit Development districts within the Village at lease once each year and shall make a report to the Village Council on the status of the development in each of the Planned Unit Development districts. If the Village Council finds that development has not occurred within a reasonable time after the original approval, the Village Council may instruct the Planning Commission to initiate rezoning to the original zoning district by removing the Planned Unit Development district from the official zoning map. • j . • • CHAPTER 2 ZONING MAP; DISTRICTS SECTION 10-2-2 : Zoning Districts : Residential Districts "R-A" Agricultural District "R-1" Suburban District "R-2" Urban District Multiple District CHANTER 3 RESIDENTIAL DISTRI CTS • 10-3-1: Purpose: (A) "R-A", the Agricultural District is designated for for land where central water and sewer facilities are not now available and the installation of these facilities is of low priority. It is primarily an agricultural area within the Village that should remain for the forseeable future . (B) t'R-1" ( C) "R-2" (D) "R-311, the Multiple District, is designated for land which should be devoted to high density developments including apartments, town houses and planned unit develop- ments. This district represents a more intensive use of land than would be permitted in the other "R" districts. • • CHAPTER 7 PERMITTED USES 10-7-1: Permitted Uses : R-A Agricultural Districts 1. Agriculture 1. Home Occupation 2. Single Family Dwellings 2. Commercial Recreational Uses 3 . Two-Family Dwellings 3. Public Buildings 4. Travel Trailer Storage 4. Public Utility Buildings 5. Public Parks and Play- 5. Water and SewaEe Treatment ;rounds Plants 6. ublic and Parochial 6. Sanitary Land Fills Schools 7 . Cemeteries 7 . Golf Courses 8. Mineral Extraction 8. Specialized Animal Raising 9. Radio and T.V. Stations 9. Stables and Riding 10. Water Recreation and Water Academies Storage 10. Churches 11. Greenhouses and Nurseries . 12. Essential Services 13. Accessory Uses R-1 Suburban District ( change wording) 5. Hospitals and Clinics 9. Public Buildings 11. Planned Unit Development 13. Mobile Home Parks 14. Townhouses R-2 Urban District ( change wording) 6. Hospitals and Clinics 11. Public Buildings 13. Planned Unit Development 14. Mobile Home Parks 15. Townhouses R-3 Multiple District 1. Single Family Dwellings 1. Nursing Homes 2. Two-Family Dwellings 2. Hospitals & Clinics 3. Multiple-Family Dwellings 3. Public Utility Buildings 4. Townhouses 4. Fire Stations • 5. Public & Parochial Schools 5. Public Buildings 6. Public Parks & Playgrounds 6. Private Clubs 7 . Churches 7 . Planned Unit Development I-1 Light Industrial 6. Agriculture CHAPTER 8 LOT AND YARD REQUIREYIENTS • 10-8-2 LOT AND YARD REgUtREMENTS: R-A R-1 R-2 R-3 Minimum Lot Area ( sq. ft . ). off-lot sewer and water 80,000 10,000 7, 200 10,000 off-lot sewer or water 80,000 15,000 15,000 15,000 on-lot sewer and water 80,000 40,000 40,000 40,000 Minimum Lot Area/Family ( sq .ft. ) off-lot sewer and water 80,000 35500 1, 800 1,200 off-lot sewer or water 80,000 10,000 10,000 10,000 on-lot sewer and water 80,000 11-0,000 20,000 20,000 Minimum Lot Width ( sq. ft. ) off-lot sewer and water 200 75 60 75 . off-lot sewer or water 200 100 100 100 on-lot sewer and water 200 200 150 150 Minimum Death Front Yard (feet) 30 30 30 30 Minimum Width Side Yard (feet) 25 10 6 10 B-1 B-2 B-3 -1-1 C-1 Minimum Lot Area (sq. ft. ) off-lot sewer and water 10,000 5,000 5,000 40,000 80,000 • off-lot sewer or water 20,000 20,000 203000 80,000 80,000 on-lot sewer and water 40,000 40,000 40,000 80,000 80,000 Minimum Lot Area/Family (sq . ft. ) - off-lot sewer and water -- 1,800 -- -- 80,000 off-lot sewer or water -- 10,000 -- - 80,000 on-lot sewer and water -- 20,000 --- -- 80,000 Minimum Lot Width (feet) off-lot sewer and water 75 50 50 150 200 off-lot sewer or water 100 100 100 200 200 - on-lot sewer and water 150 150 150 200 200 Minimum Depth Front Yard (feet) 30 0 10 40 30 Minimum Width Side Yard (feet) 10 0 6 25 25 • CHAPTER 10 • GENERAL REGULATIONS 10-10-5 : PLANNED UNIT DEVELOPMENT : To help encourage a more creative approach to the use of land, departures from the Zoning Ordinance may be granted by the Village Council in Planned Unit Development Districts designated on the official Zoning Map. Permission to develop specific parcels of land under the provisions which follow, shall be binding on all construction. Any proposed change in the development plan after approval by the Village Councii shall be resubmitted for consideration. The land use minimum lot area, yard, height and accessory uses determined by the planned unit development requirements shall prevail over conflicting require- ments listed elsewhere within this Zoning Ordinance or in the Farmington Subdivision Ordinance. (A) Preliminary Development Plan Procedure : An applicant for a planned unit development shall submit a preliminary development plan to the Zoning Officer with a written statement and a certified check or money order, in an amount of not less than twenty five (625.00) dollars or more than two hundred (4200.00) dollars to cover the costs incurred in checking and processing such plans . 1. Within 60 days after the filing of the preliminary plan • with the Zoning Officer, the Planning Commission shall forward the plan to the Village Council with a written report recom- mending that the plan be disapproved, approved, or approved with modifications stating the reasons for these recommendations. 2. Within 45 days after the receipt of the application by the Village Council a public hearing shall be held by the Village Council on the application. The Village Council may continue the hearing or refer the matter back to the Planning Commission for further study, provided, however, that the public hearing or hearings shall be concluded within 45 days after the date of the first public hearing, unless the applicant shall consent in writing to an extension of the time. Upon conclusion of all hearings the Village Council shall within 30 days make and file findings and cause a copy thereof to be mailed to the applicant. 3. In the event tentative approval is granted subject to conditions, the applicant shall, within 45 days after receiving a copy of the findings of the Village Councii, notify the Village Council of the acceptance or refusal of all conditions. Refusal of the applicant shall constitute denial of the plans by the Village Council. Failure of the land owner to notify the Village Council of his. aeceptance or refusal of the conditions to the plan, constitute acceptance of the conditions. • • (B) Final Development Plan Procedure : Within six months following the approval of the preliminary development plan, the applicant shall file with the Zoning Officer a final development plan containing in final form the information required in the prelim- inary plan. The Village Council at its discretion may extend for six months the period for filing of the final development plan. 1. The Zoning Officer shall send a reproducible print and one other print to the Chairman of the Village Planning Commission. If the Planning; Commission finds that the final plan is in substantial compiia:nce with the plan given preliminary approval, it shall endorse the plan and submit it to the Village Council within 30 days. 2. A public hearing on an application for final approval of the plan or part thereof shall not be required provided that the plan is in substantial compliance with the plan given preliminary approval. 3. in the event the plan as submitted for final approval is not in substantial compliance with the preliminary plan, the Village Council shall notify the applicant within 45 days of the date • of application setting forth ways in which the pian is not in substantial compliance. a. The applicant may treat such notification as denial of final approval : or b. The applicant may refile his plan so that it does substantially comply with the preliminary plan: or c. The applicant may file a written request with the Village Council that it hold a public hearing on his request for final approval. Any such hearing shall be held within 30 days after the request for such a hearing. Within —5 days of such hearing the Village Council shall either grant final approval or deny final approval to the plan. 4- If the Village Council fails to act, within the time prescribed, the applicant may, after 20 days written notice to the Village Council, file a complaint with any court of local jurisdiction. Upon showing that the Village Council has failed to act within the time prescribed, the court can enter an order directing the County Registrar of Deeds to record the plan as submitted for final approval without the approval of the Village Council. • 5. In the event a plan is given final approval and the applicant shall abandon said plan or in the event the appli- cant shall fail to begin construction of the planned unit development within 18 months after final approval has been granted, final approval shall terminate unless such time period is extended by the Village Council. (C) General Requirements : In a planned unit development the following regulations should be considered prior to the submission of a preliminary development plan. 1. Ownership:,: The tract of land shall be under unified control at the time of application and scheduled to be developed as one unit. 2. Minimum Size : No planned unit development may include less than five acres of contiguous land. 3. Minimum Building Spacing: Any buildings exceeding the height limits permitted in the surrounding district shall be so located as to eliminate the possibility of casting unbroken shadows on adjoining parcels . • 4. Harmony: The ;Manned unit development should be planned and developed to harmonize with both existing and proposed devel- opments in the area surrounding the project. 5. Permitted Uses : The permitted uses may include : a. Any combination of dwelling; units in single family, two family, town or row houses and apartments . b. Any non-residential use, to the extent such non-residential use is designed and intended to serve the residents of the planned unit development. C. Public and private education facilities. d. Other uses permitted in the Zoning District in which the planned unit development is located. 6. Open Spaces : A minimum of twenty percent for private or public open air recreational uses protected by adequate covenants running with the land or by conveyances or dedications as the Planning Commission shall specify shall be an integral part of the plan. Such open space shall not include space devoted to streets, parking and private yard space. • • 7 . Density: An increase in density may be all-owed under the following conditions provided that traffic patterns will not be adversely affected and that public facilities are adequate . s.. For undeveloped common open space, a maximum increase of five percent. b. For distinctiveness and excellence in siting, design, and landscaping, a maximum increase of five percent. (D) Preliminary Development Plan Specifications : An applicant shall submit to the Zoning Officer the preliminary development plan which shall be composed of drawings and a written statement. 1. The drawings may be in schematic form and must contain the following: a. The location, size of site and the proposed uses of the land to be developed. b. The density of land use to be allocated to the several parts of the site to be developed. • c. The location and size of all common open space and the form of organization to own and maintain such space. d. The use, height, bulk and approximate location of buildings and other structures. e. The plans for the distribution of sanitary wastes and storm water. f. The plans for parking of vehicles and the location and width of proposed streets. g. A schedule showing the proposed times within which application for final approval of all sections of the planned unit development are intended to be filled. h. A topographic map prepared by a registered civil engineer or land surveyor covering the entire tract proposed for development. Such maps shall be drawn at a scale of 1" = 100 ' and shall indicate topography at a two foot contour interval. It shall show in accurate detail the topography, existing buildings, land features and trees. • 2. The written statement shall include the following : a. An explanation of the general character of the planned unit development. b. A statement describing the ultimate ownership and maintenance of all parts of the development including streets, structures and open space. c. The total anticipated population to occupy the planned unit development, with breakdowns as to the number of school age children, adults and families. (E) Final Development Plan Specifications : The final development plan filed with the Zoning Officer shall contain in final form all of the information required in the preliminary development plan. (F) Findings Required : The findings necessary for approval of the preliminary and final development plans shall be based on the following and describe in what respect the plan would or would not be in the public interest. • 1. The plan is not in conflict with the Farmington Comprehensive Plan. 2. The plan is designed to form a desireable and unified development within its own boundaries. 3. The proposed uses will not be detrimental to present and future land uses in the surrounding area.. 4. Any exceptions to the standard requirements of the zoning and subdivision ordinances are justified by the design of the development. 5. The plan will not create an el,.cessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the planned development. 6. The planned development will not have an undue and adverse impact on the reasonable enjoyment of neighboring; property. (G) Zoning : Once the proposed plan has been approved, the Planning Commission shall propose an ammendment to the Zoning Map for action by the Village Council, as outlined in Chapter 12 of the Zoning Ordinance. `.i'he planned unit development shall be outlined on the official zoning map and labeled Y.U.D. (H) Annual Review: The Pianning Commission shall review all Planned Unit Development districts within the Village at lease once each year and shall make a report to the Village Council on the status of the development in each of the Planned Unit Development districts. If the Village Council finds that development has not occurred within a reasonable time after the original approval, the Village Council may instruct the Planning Commission to initiate rezoning to the original zoning district by removing the Planned Unit Development district from the official zoning map. 55 MINUTES PLANNING COMMISSION REGULAR OCTOBER 14, 1971 The meeting was called to order at 7:30 P.M. by Chairman Rademacher. Present: Chairman Rademacher, Members Nicolai and Shirley Absent: Members Rotty and Sifferath. Also present: William Ford Motion by Nicolai, second by Shirley that a height variance be granted to John Devney for construction of a silo at his farm. Voting for: Rademacher, Nicolai, Shirley. Voting against: None. Excused: Rotty and Sifferath. Motion carried. Motion by Shirley, second by Nicolai that an off-street parking variance be granted to the VFW at 209-211 Oak Street. Voting for: Rademacher, Nicolai, Shirley. Voting against: None. Excused: Rotty and Sifferath. Motion carried. The Commission briefly discussed the theory of zero lot line set backs for condominium duplexes having a party wall. It was agreed to discuss it further after checking with Bloomington as to the Administration problem. The Commission set their regular meetings, starting with October 26, 1971 for the second and fourth Tuesdays of each month. Commissioner Sifferath arrived at 7:40 P.M. Mr. Howard Hafner again appeared regarding his request for a building permit and the controversy of whether or not a non-conforming use existed and had not been abandoned and if so whether his proposed changes were an expansion of same. He agreed to return to the meeting of October 26, 1971 with a scale drawing showing the areas which were used as of November 16, 1970 and the areas he proposed to use. Motion by Sifferath, second by Shirley that a bill from Planner Tooker in the amount of $600.00 be approved. Voting for: Rademacher, Nicolai, Shirley, Sifferath. Voting against: None. Excused: Rotty. Motion carried. Motion made and carried to adjourn at 9:30 P.M. Respectfully Submitted, William J. Ford Village Administrator 57 MINUTES PLANNING COMMISSION REGULAR OCTOBER 26, 1971 The meeting was called to order at 7:30 P.M. by the Chairman Present: Chairman Rademacher, Members Rotty, Shirley, Sifferath. Absent: Member Nicolai Motion by Sifferath, second by Rotty that the minutes of October 14, 1971, be approved as presented. Voting for Rademacher, Rotty, Shirley, Sifferath. Voting against: None. Absent: Nicolai. Motion carried. Mr. Howard Haffner appeared in regard to his request for a building permit at his residence, 19618 Pilot Knob Road. There has been a running controversy as to whether a continuing non-conforming use had been established and not abandoned since the date of annexation, Novermber 16, 1970. Mr. Haffner pre- sented a hand drawn sketch of his land showing the area he claimed he had continued to use. Motion by Shirley, second by Sifferath that the Board of Adjustment finds that a non-conforming use was established on the land in question, that it was not abandoned, that it be confined to the area described on the sketch, that the continuing non-conforming use be formalized by the issuance of special exception #71-23, that the sketch be attached to the file copy of the special exception and become a part of the permanent file. Further, that the non-conforming use be restricted to auto sales and pre-sale auto servicing. Voting for: Rademacher, Rotty, Shirley, Sifferath. Voting against: None. Absent: Nicolai. Motion carried. _Motion by Sifferath, second by Rotty that building permit application #71-66B by Howard Haffner for a used car sales office and grading be denied on the 1 grounds that it would be a change to a continuing non-conforming use and therefore prohibited under ordinance #10-10-1 (A) . Voting for: Rademacher, Rotty, Shirley, Sifferath. Voting against: None. Absent: Nicolai. Motion carried. The Planning Commission asked the Administrator to give them a memo concerning pay and or expenses for Planning Commission members. The Planning Commission reviewed the Bloomington zoning ordinance permitting condominium duplexes. They asked the Administrator to check with other municipalities as to how zero lot line condominiums for townhouses and apartments are handled. Motion made and seconded to adjourn at 9:30 P.M. Respectfully submitted, William J. Ford Village Administrator 59 MINUTES PLANNING COWISSION REGULAR NOVEMBER 9, 1971 The meeting was called to order at 7:30 P.M. by Chairman Rademacher. Present: Chairman Rademacher, Members Nicolai, Rotty, Shirley and Sifferath. The Commission was informed of the intention of Mr. Dallas Haas to construct 32 units of multiple dwellings on the west side of Centennial Drive between Park Drive and Heritage Way. His proposal met all of the requirements of the zoning ordinance and therefore required no action on the part of the Commission. Zero lot line variances for duplexes were discussed. This matter was laid over to the next meeting. Control of Billboards was discussed. The Administrator was instructed to pre- pare proposed amendments which would allow billboards in the following locations; 10-7-1 (A) - Add No. 14 - Billboards (R-A) 10-7-1 (H) - Add No. 9 - Billboards (I-1) 10-7-1 (I) - Add No. 6 - Billboards (C-1) 4-3-12 (B) - 3 Add the words "Nor shall it be located closer than 300 feet to any dwelling". (Or R or B zone district) 4-3-12 (B) - 4 This section exempts from chapter 7 of the zoning ordinance all groung signs when located in an area abutting either a County road or State Highway Right of Way. Motion made and carried that the Commission stand adjourned at 9:30 P.M. Respectfully submitted, Warren Sifferath Member 61 MINUTES PLANNING COMMISSION REGULAR NOVEMBER 23, 1971 The meeting was called to order by the Vice-Chairman Warren Sifferath at 7:30 P.M. Present: Sifferath, Nicolai, Rotty and Shirley. Absent: Rademacher. Also present: Mayor Kleinsasser, Administrator Ford. Motion by Shirley, second by Nicolai, that the minutes of November 9 be amended as to billboards to show the Planning Commission as recommending billboards as a permitted use in R-A, I-1 and C-1 Zoning Districts and as a special excetion in any district within 200 L.F. of the right-of-way of either a State Highway or County Road. Voting for: Sifferath, Nicolai, Shirley. Voting against: None. Absent: Rademacher, Rotty. Motion carried. Motion by Rotty, second by Shirley that the Planning Commission be on record as having no objections in principal to the idea of zero side lot set backs for duplexes so long as the Council satisfies themselves that adequate administrative safeguards can be erected. Voting for: Sifferath, Rotty, Shirley. Voting against: Nicolai. Absent: Rademacher. Motion carried. The Planning Commission conducted an advisory meeting for review of preliminary intentions of the Developers of the Mobile Home Park proposed for the Stegmaier property. They would complete their plans and get on a future agenda for the preliminary plat review. Motion made and carried to adjourn at 9:45 P.M. Respectfully submitted, William J. Ford Village Administrator MINUTES PLANNING COMMISSION REGULAR DECEMBER 28, 1971 (This meeting was posponed from December 14, 1971.) The meeting was called to order by Chairman Rademcacher at 7:45 P.M. Present: Chairman Rademacher, Commissioners Rotty, Shirley and Nicolai. Also present: Administrator Ford Mr. Peter Moore, of the Wall Corporation and Mr. Robert Stegmaier, Jr. appeared at the continued advisory meeting regarding the proposed Mobile Home Park in Section 13. In reviewing the tentative sketch of the Mobile Home Park layout, the Commission looked upon it favorably with the following recommended changes: (a) Provide for a public street dedication of 70 ft. right of way running North and South approximately midway East & West. (b) Provide for a public street dedication of 35 ft. right of way North and South on the East end (Z of future street) . Motion made and carried to adjourn at 9:00 P.M. Respectfully submitted, William J. Ford Village Administrator