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HomeMy WebLinkAbout03.11.97 Planning Packet T . AGENDA PLANNING COMMISSION REGULAR MARCH 11, 1997 . ~< . . . AGENDA PLANNING COMMISSION REGULAR MARCH 11, 1997 1. Call to Order 2. Approve Minutes a. February 11 (Regular) b. February 25 (Special) 3. Public HeariDgs a. 7:00 P.M - Preliminary and Final Platfor Pine Ridge Forest PUD The preliminary and final plat for Pine Ridge Forest PUD has been submitted to City staff for review. The property is located south ofthe Terra development, north of Nelson Hills Farm and directly west of the proposed Cameron Woods PUD. The site consists of 30.24 acres with 68 single-family lots proposed. The proposed single-family use for the site is consistant with the Comprehensive Plan. The site will be developed in two phases and the second phase includes the four western acres of the site. This area will remain undeveloped until additional MUSA expands to this location. A request to expand MUSA in this location and in other areas throughout the City will be applied for in June of 1997. Upon Metropolitan Council approval of the expanded MUSA, the second phase will be developed. The eastern 5.45 acres will be dedicated to the City for parkland by the developer. The engineering staff is awaiting revisions made to the plans by the developer and fees for the project need to be calculated and submitted. RecommeDdation Approve the preliminary plat and subject to approval of the engineering staff and submission of required fees. b) 7: 15 - Nonconforming Use at 500 Willow Street to build a 32 'x26' garage. The property at 500 Willow Street consists of 0.25 acres and is zoned I -1. The existing use on the property is nonconforming single-family residential and the owner proposes to build a 32' x 26' garage. The lot originally consisted oftwo lots. The owner combined the lots after learning that the Planning Commission would not allow the garage to be constructed on the second lot as a principal building. The Farmington Lanes bowling facility is located to the south, Kemps Dairy is to the west and single-family residential . . . uses are located to the north and east of the property. The Comprehensive Plan shows an industrial use proposed for the area. Section lO-6-l of the City Code indicates a nonconforming use may be continued but not extended, expanded or changed unless to a conforming use, except by approval ofthe Board of Adjustment (Planning Commission). The change of a nonconforming use was granted previously in April of 1996 for the allowance of a bedroom space over an existing garage. This previous approval resides in the same block as 500 Willow Street. RecommeDdatioD Approve the nonconforming use based on the approval of a prior nonconforming use in the area. c) 7:30 - Appealfor Variance Amendment The proposed amendment will add Section 2-4-3 to Title 2, Chapter 4 of the Farmington City Code and will also add paragraph lO-8-6(D) of Title lO, Chapter 8, paragraph 6 of the City Code. The appeal for variance amendment will provide an appeals process to the City Council for citizens when findings of fact, procedure or other findings made by the Board of Adjustment are in dispute. The proposal also requires Board of Adjustment members to be notified when an appeal has been filed with the Zoning Officer and requires a 4/5 vote of the City Council to overturn a decision of the Board of Adjustment. The amendment will provide an appeal process for variances as well as provide a step by step procedure to follow in filing an appeal. RecommendatioD Forward the amendment to the City Council with a recommendation to approve. d) 7:45 - Fence Ordinance Amendment The proposed ordinance will amend Section lO-6-l5 to include a clarification of fences requirements on corner lots and provide material and maintenance requirements. The proposed ordinance will also require a procedure for citizens to follow when constructing a fence over four feet in height. The ordinance as proposed requires fences to be a maximum of four feet in height when located in front yard setbacks. The City code states that lots which abut on more than one street shall provide the required front yards along each street, which means that all property owners on corner lots are only allowed to construct a four foot high fence on both street facing yards. This requirement allows for an open view to intersections and does not obstruct views aesthetically causing tunnelling effects with fences taller than four feet. . . . There are a number of issues on whether to require a six foot fence or continue with the existing four foot fence requirements. The issues include the aesthetic appearance of opaque fences causing tunnelling effects at intersections versus the amount of privacy allowed to residents on corner lots. Staff has reviewed a number of existing residences with six foot fences not in conformance with the present code on corner lots and reports no apparent problems with the fences. Surrounding communities were surveyed to review existing requirements and cities such as Eden Prairie, Burnsville, Apple Valley, Lakeville and Minneapolis allow six foot wood fences at corner lots located at the back end of the principal building to the rear lot line. This requirement allows for privacy of rear yards located on corner lots. It is important to note that the decision to continue the four foot fence requirement or allow six foot fences should be determined by what direction the community should take in the appearance of the new residential developments. Farmington's "old town" appearance is quite open with limited amounts of fencing throughout the neighborhoods. The question is whether to continue this approach in the newer developments or allow for more privacy in those areas. The proposed fence amendment also requires applicants to submit a site plan or legal survey to the building inspection department for approval when fences are over four feet in height. This addition to the amendment will insure that applicants construct proposed fences in approved locations and any misunderstanding of the Code is minimized. Fence material and maintenance requirements have also been included in the amended ordinance to eliminate poor fencing materials and require proper maintenance of fences. The building inspection offical will approve the constructed fence and materials and the code enforcement officer will enforce the maintenance of fences. RecommendatioD Review proposed ordinance and provide staff with a direction of approval or further reVISIOn. 4. DiscussioD a) Home Occupancy Permit - 18549 English Avenue The owner of the single-family home is interested in applying for a home occupancy permit to grow plants in his basement for sale to grocers and private individuals. The plant types include herbs and medicinal plants. No traffic will be generated from this operation because the owner intends to deliver products to the buyer. B) Dakota Mini-Storage The mini-storage project is proposed east of FE!, inc. complex owned by Pelteir Properties on the north side of County 50 and is a permitted use in the 1-1 zoning district. . . . The proposal includes an upscale storage facilty featuring block/steel construction and a computerized security system. Approximately 400 storage units located in four buildings ranging from 180' x 120' and 110' x 90' is proposed. The HRA Board will discuss the proposal on Monday, March 10 to determine ifthe project is located within Phase III of the Industrial Park. The Industrial Park convenance does not allow mini-storage buildings within the complex. \ 5. ADJOURN Lee Smick Planning Coordinator . 1. 2. a) b) 3. a) b) c) d) 4. . a) b) 5. . AGENDA PLANNING COMMISSION REGULAR MARCH 11, 1997 CALL TO ORDER APPROVE MINUTES February 11, 1997 February 25, 1997 PUBLIC HEARINGS 7:00 - Preliminary and Final Plan for Pine Ridge Forest PUD 7:15 - Non-Conforming Use at 500 Willow Street 7:30 - Appeal for Variance 7:45 - Fence Ordinance DiscussioD Home Occupancy Permit - l8549 English Avenue Dakota Mini Storage ADJOURN . . . AGENDA PLANNING COmnSSION REGULAR MARCH 11, 1997 1. Call to Order 2. Approve Minutes a. February II (Regular) b. February 25 (Special) 3. Public Hearings a. 7:00 P.M - Preliminary and Final Platfor Pine Ridge Forest PUD The preliminary and final plat for Pine Ridge Forest PUD has been submitted to City staff for review. The property is located south of the Terra development, north of Nelson Hills Farm and directly west of the proposed Cameron Woods PUD. The site consists of30.24 acres with 68 single-family lots proposed. The proposed single-family use for the site is consistant with the Comprehensive Plan. The site will be developed in two phases and the second phase includes the four western acres of the site. This area will remain undeveloped until additional MUSA expands to this location. A request to expand MUSA in this location and in other areas throughout the City will be applied for in June of 1997. Upon Metropolitan Council approval of the expanded MUSA, the second phase will be developed. The eastern 5.45 acres will be dedicated to the City for parkland by the developer. The engineering staff is awaiting revisions made to the plans by the developer and fees for the project need to be calculated and submitted. Recommendation Approve the preliminary plat and subject to approval of the engineering staff and submission of required fees. b) 7: 15 - Nonconforming Use at 500 Willow Street to build a 32 'x26 , garage. The property at 500 Willow Street consists of 0.25 acres and is zoned I-I. The existing use on the property is nonconforming single-family residential and the owner proposes to build a 32' x 26' garage. The lot originally consisted of two lots. The owner combined the lots after learning that the Planning Commission would not allow the garage to be constructed on the second lot as a principal building. The Farmington Lanes bowling facility is located to the south, Kemps Dairy is to the west and single-family residential . . . uses are located to the north and east of the property. The Comprehensive Plan shows an industrial use proposed for the area. Section 10-6-1 of the City Code indicates a nonconforming use may be continued but not extended, expanded or changed unless to a conforming use, except by approval of the Board of Adjustment (Planning Commission). The change of a nonconforming use was granted previously in April of 1996 for the allowance of a bedroom space over an existing garage. This previous approval resides in the same block as 500 Willow Street. Recommendation Approve the nonconforming use based on the approval of a prior nonconforming use in the area. c) 7:30 - Appealfor Variance Amendment The proposed amendment will add Section 2-4-3 to Title 2, Chapter 4 of the Farmington City Code and will also add paragraph 10-8-6(D) of Title 10, Chapter 8, paragraph 6 of the City Code. The appeal for variance amendment will provide an appeals process to the City Council for citizens when findings of fact, procedure or other findings made by the Board of Adjustment are in dispute. The proposal also requires Board of Adjustment members to be notified when an appeal has been filed with the Zoning Officer and requires a 4/5 vote of the City Council to overturn a decision of the Board of Adjustment. The amendment will provide an appeal process for variances as well as provide a step by step procedure to follow in filing an appeal. RecommendatioD Forward the amendment to the City Council v.ith a recommendation to approve. d) 7:45 - Fence Ordinance Amendment The proposed ordinance will amend Section 10-6-l5 to include a clarification of fences requirements on corner lots and provide material and maintenance requirements. The proposed ordinance will also require a procedure for citizens to follow when constructing a fence over four feet in height. The ordinance as proposed requires fences to be a maximum of four feet in height when located in front yard setbacks. The City code states that lots which abut on more than one street shall provide the required front yards along each street, which means that all property owners on corner lots are only allowed to construct a four foot high fence on both street facing yards. This requirement allows for an open view to intersections and does not obstruct views aesthetically causing tunnelling effects with fences taller than four feet. . . . There are a number of issues on whether to require a six foot fence or continue with the existing four foot fence requirements. The issues include the aesthetic appearance of opaque fences causing tunnelling effects at intersections versus the amount of privacy allowed to residents on corner lots. Staff has reviewed a number of existing residences with six foot fences not in conformance with the present code on corner lots and reports no apparent problems with the fences. Surrounding communities were surveyed to review existing requirements and cities such as Eden Prairie, Burnsville, Apple Valley, Lakeville and Minneapolis allow six foot wood fences at corner lots located at the back end of the principal building to the rear lot line. This requirement allows for privacy of rear yards located on corner lots. It is important to note that the decision to continue the four foot fence requirement or allow six foot fences should be determined by what direction the community should take in the appearance of the new residential developments. Farmington's "old town" appearance is quite open with limited amounts of fencing throughout the neighborhoods. The question is whether to continue this approach in the newer developments or allow for more privacy in those areas. The proposed fence amendment also requires applicants to submit a site plan or legal survey to the building inspection department for approval when fences are over four feet in height. This addition to the amendment will insure that applicants construct proposed fences in approved locations and any misunderstanding of the Code is minimized. Fence material and maintenance requirements have also been included in the amended ordinance to eliminate poor fencing materials and require proper maintenance of fences. The building inspection offical will approve the constructed fence and materials and the code enforcement officer will enforce the maintenance of fences. Recommendation Review proposed ordinance and provide staff with a direction of approval or further reVISIon. 4. Discussion a) Home Occupancy Permit - 18549 English Avenue The owner of the single-family home is interested in applying for a home occupancy permit to grow plants in his basement for sale to grocers and private individuals. The plant types include herbs and medicinal plants. No traffic will be generated from this operation because the owner intends to deliver products to the buyer. B) Dakota Mini-Storage The mini-storage project is proposed east of FE I, inc. complex owned by Pelteir Properties on the north side of County 50 and is a permitted use in the 1-1 zoning district. . . . The proposal includes an upscale storage facilty featuring block/steel construction and a computerized security system. Approximately 400 storage units located in four buildings ranging from 180' x 120' and 110' x 90' is proposed. The BRA Board will discuss the proposal on Monday, March 10 to determine if the project is located within Phase III of the Industrial Park. The Industrial Park convenance does not allow mini-storage buildings within the complex. 5. ADJOURN Lee Smick Planning Coordinator . . FILED CITY OF FARMINGTON 325 OAK STREET DATE NUMBER I - ). q , f7 APPLICATION FOR: , VARIANCE x l. 2. CONDITIONAL USE * ,4-1-,~ (.. 11 'f'.:} (JI().ou... ZONING DISTRICT '7 u1.... FEE OWNER'S NAME '{.'/:".I,.-I-),.. + ?n'i It,'(:' ,tl- b b (,,.'} n~' q ADDRESS 5c'r)l' tel) ,'/. t I') lJ_'J ~~+ PHONE )y&, 3 !J-i~tf T .c I In,) l~ '( I PRESEN LAND USE -J 'r,] ~ ,-\- C't ;~.-.' L'j j.-t.... "J~_(. . h r.; (' . I ' SPECIFY NATURE OF REQUEST AND GROUNDS A 'A,' I C' (?#,. ~c_ , ~ ARE THE FOLLOWING A TT ACHED: PROOF OF OWNERSHIP APPLICATION FEE ABSTRACT TORRENS DESCRIPTION OF PROPERTY: .,5' e e 3. 4. 5. 6. BOUNDARY SURVEY COPIES OF SITE PLAN - (Owner's Duplicate Certificate of Title Req'd) C' eo I . r ., " I ' ~./l..vt:-_L(.- ,'\. / I~ APPLICANTS SIGNATURE J - f} kf - 1', DATE .-r.;:.".::u'Bff J ~ APPLICA S SIGNATURE / ...- & Cf - 0/7 DATE * CONDITIONAL USE REQUIRES AN ABSTRACTORS CERTIFICATE OF OWNERS WITHIN 350' AVERAGE COST $ 250 TO $ 350. --------------------------------------------- . REQUEST SUBMITTED TO THE PLANNING COMMISSION ON DATE ACTION: DENIED REASON PUBLIC HEARING SET FOR FINAL ACTION: DENIED APPROVED REASON COMMENTS DATE ZONING ADMINISTRATOR . - ---T ! D I iO - c:;. (t) f-.) .J> (J:. S7;.L .$f qc; I c- I 0; " --::::> ~ ~) C> "...-'< , ......\ ~ - ~ ~. . <2-'- , e ...;;;::-; . ( ~ ~ ~ I q, :;.7 , r .J C-6 r6 <:) ~ - j . rl i~ DCuJJ'~ \' ~ - - (' ~ ~ "- ~ t;:, ~' L., " .0\ ~ . MINUTES PLANNING COMMISSION REGULAR FEBRUARY 11, 1997 1. Chair Schlawin called the meeting to order at 7:00 P.M.. Members Present: Larson, Schlawin, Schwing, Keagy, Simones. Members Absent: None Also Present: Administrative Assistant Finstuen, Planning Coordinator Smick, Interim City Planner Schultz. 2. Chair Schlawin opened asked for comments on the minutes of the meeting of January 14, 1997. Chair Schlawin noted an error in the minutes in item #4, 6 and 9, Item #4 was corrected by stating that the intention of the property was to remain as a residence, however, because of changes within the PUD, this was not feasible. Item #6 was corrected to exclude the additional motion in item #7 and item #9 was corrected to state that all of the changes were approved as long as the conditional use permit remained intact. MOTION by Schlawin, second by Larson to approve the minutes as presented. VOTING FOR: Schlawin, Larson. ABSTAIN: Schwing, Keagy, Simones. MOTION CARRIED. 3. Chair Schlawin asked Administrative Assistant Finstuen to administer the Oath of Office to new members Karla Keagy and Chris Simones. . 4. Chair Schlawin proposed to take the agenda out of order while waiting for the first public hearing time at 7:15 and begin by discussing the Commission/Council annual retreat. Administrative Assistant Finstuen informed members the retreat would be on March 8th from 8:00 AM to 2:00 PM and would include members of the Planning, Heritage Preservation I Parks and Recreation, and Senior Center Advisory Commissions, and Chamber of Commerce. Chair Schlawin broke off the discussion because the first public hearing needed to be opened and stated that the retreat would be discussed later in the meeting. 5. Chair Schlawin opened the hearing to discuss the ordinance amending off street parking. Interim Planner Schultz stated the ordinance would allow wider accesses along collector and local streets in industrial areas to serve truck off street loading areas. Mr. Schultz indicated the access along collector streets would be widened to 32 feet and 60 feet at the street right-of-way along local streets. Mr. Schultz stated this would ease the turning radius for trucks and recommended the amendment be forwarded to the City Council. Member Keagy questioned the reasons for amending the ordinance. Chair Schlawin stated that variances had been granted for wider accesses because of damage to curbs and grass areas by semi-trucks in industrial areas and, therefore, staff was directed by the Commission to amend the ordinance. MOTION by Larson, second by Schwing to forward the proposed ordinance to the City Council. APIF, MOTION CARRIED. . 6. Chair Schlawin requested discussion of the appeals process for variances take place while waiting for the 7:30 public hearing. Interim Planner Schultz stated this was a continuation of discussion held at the January 14th Commission meeting. Chair Schlawin stated the wording in the ordinance should be reviewed because the phrase "a party may appeal a decision by the Zoning Board of Adjustment when there is alleged to be some error in any finding of fact, procedure or other finding made by the Board" could be interpreted by a developer as a way to automatically appeal to the City Council when the Planning Commission does not approve a variance. He stated this would promote too many occasions for a disagreeing party to appear before the City Council on appeal. He stated he is . . - in favor of an appeals process, however, the wording should be used to limit appeals to procedural issues only. Administrative Assistant Finstuen stated the ordinance could be written as "an alleged error in procedure". Chair Schlawin postponed discussion of the ordinance revision until later in the meeting. 7. Chair Schlawin opened the hearing to discuss the Schematic Plan for Pine Ridge Forest PUD. Interim Planner Schultz stated the County GIS materials issue and the Enron Gas line easement had been resolved. Jay Hill of Westergren & Associates addressed the issue of the rear yard slopes being too steep by stating that parkland would be encroached by ten to twenty feet and existing trees in that location would be either sold to the City for park use, sold to Deer Meadow 2nd, or used on the Pine Ridge Forest site. He also stated that he had worked out an agreement with Heritage Development to combine two outlots on the Pine Ridge Forest site with two outlots on the Nelson Hills property. Chair Schlawin stated that trees located in the encroachment area should not be purchased by the City because of ethical reasons. He also stated the lot lines should remain as illustrated on the plan and the development should include an agreement to revegetate the site. Mr. Hill stated the encroachment area has a slope of 4:1. Chair Schlawin informed Mr. Hill it was important that good erosion control measures be followed to insure there would be no wash out in the area due to the steep slope. Steve Rahman, 18515 Exodus Avenue, explained that the road is elevated five feet near his garage and the grading from the road should taper back from the road along the adjacent ditch, and the ditch area should blend into the slope near his home. Chair Schlawin agreed that Mr. Rahman's grading problems should be dealt with through the Pine Ridge Forest PUD process. Interim Planner Schultz questioned whether this was the schematic plan or the preliminary plat stage. Mr. Hill stated it was his impression the plan was at the preliminary plat stage because all fees were paid and the information had been submitted for a preliminary plat. Chair Schlawin disagreed and stated it was a schematic plan and not the preliminary plat. MOTION by Larson, second by Schwing to continue discussion of the PUD at a special meeting on February 25, 1997, however I because of time limitations I the Schematic Plan should be forwarded to the City Council with the following conditions: A. City receipt of a letter of agreement between the developer of pine Ridge Forest PUD and Heritage Development regarding the outlots on both properties; B. the schematic plan must address the following: . encroachment of the eastern portion of the lots into parkland, . the control of water flow on the site, . the grading near the home located at 18515 Exodus Avenue, . a detailed tree planting plan, . any requirements requested by City Engineering staff after their review, and . a letter from the Metropolitan Council approving the western portion of the PUD which is outside of the MUSA, APIF, MOTION CARRIED. 8. Chair Schlawin opened the hearing to discuss the preliminary plat for Cameron Woods PUD. Jack Benedict, the developer, stated that 3.5 acres of land will be . . . donated to the City for whatever use it deemed appropriate. Nancy Stein, 5550 Upper 193rd, inquired about the loss of trees within the required 50 foot buffer area. She would like the buffer area increased and requested that the developer install a 6 foot high fence along the curves of the development to deter the view of headlights for adjacent residents. Jeff Pilla, 5594 Upper 193rd, inquired about the need for review of the architectural design of the townhomes. He wanted to see some creativity in building design rather than a block style type of townhome. He also had concerns with the grading along the north and south borders of the site. Chair Schlawin stated that elevations for the townhomes was required to be submitted with the application. Mr. Benedict stated he was not aware of the requirement for elevations and was under the impression that the copy of the Wensmann Home drawings he had submitted earlier in the process would be sufficient to meet the elevation requirements. Member Schwing stated that the Wensmann Homes were not a representation of the Cameron Woods project. Chair Schlawin agreed with Member Schwing. He stated that the developer is required to submit building footprints and elevations as part of the PUD. Mr, Benedict agreed to submit elevations, but stated that if each use change on the site needed to come before the Planning Commission for elevation approval, it would slow the completion of the project. Judy Bryant, 5606 Upper 183rd, voiced concern regarding the location of the construction access to the property. She said that construction trucks along Euclid Avenue would create safety hazards. Jack Benedict responded that the original owner of the site, Gary Cameron, would remain on the property for a while and had originally wanted to move his house to another location. Chair Schlawin asked if Mr. Cameron would allow construction trucks to use his access driveway. Mr. Benedict responded that he did not have a written agreement with Mr. Cameron to use his access. He stated trucks could possibly access the site through the City's water reservoir access road. He remarked that residents in the area would need to understand that construction trucks would need to access on Euclid Avenue. He stated the first lot to be developed would be Lot 4. Interim Planner Schultz stated the grading plan shows that no trees will be removed or moved on the north and south borders of the site. He also stated that Dakota County had approved the road plans. MOTION by Schwing, second by Larson to close the public hearing and discuss the requested building elevations for the project at a special hearing on February 25th. APIF, MOTION CARRIED. 9. Chair Schlawin opened the hearing for East Farmington 3rd Addition. He requested the hearing be continued to March 11, 1997. MOTION by Larson, second by Schwing to continue the public hearing for East Farmington 3rd Addition until March 11, 1997. APIF, MOTION CARRIED. 10. Chair Schlawin reopened discussion of the variance appeals process ordinance and requested staff further review the wording of the ordinance and present their findings at the next Planning Commission meeting. He also requested the Planning Commission be made aware, in writing, when an appeal is made to the City Council so members could be present at the meeting. He requested staff present their findings at the March 11, 1997 Planning Commission meeting. 11. Chair Schlawin opened discussion for amending the fence ordinance by directing staff to review fence regulations in surrounding communities. Staff should present their findings at the March 11, 1997 meeting. 12. Chair Schlawin opened discussion concerning a meeting with the Met Council on the MUSA expansion Comprehensive Plan amendment. Interim Planner Schultz and the City Administrator had met with the Met Council on February 7th, and were informed that the Met Council was still in the discussion stages of the amendment process. . . . 13. Chair Schlawin continued discussion of the Commission/Council Retreat and listed a number of topics which could be discussed. The list included the review of low density housing in the City, fencing issues, discussion of the park referendum including the proposed regional park at 195th, land usage issues, education on POD's and the status of County Road 31. Members discussed other possible topics including the need for a joint Planning Commission meeting between the City and Empire Township, information concerning the status of the Comprehensive plan, the need to meet with the School Board, and the need for additional meetings during the year with the City Council to keep each other informed of varying topics. 14. Chair Schlawin requested nominations for Commission officers for 1997. MOTION by Larson, second by Schwing to appoint Craig Schlawin as Chair for 1997. VOTING FOR: Larson, Schwing, Keagy, Simones. ABSTAIN: Schlawin. MOTION CARRIED. MOTION by Keagy, second by Larson to appoint Rob Schwing as vice Chair for 1997. VOTING FOR: Schlawin, Keagy, Larson, Simones. Abstain: Schwing. MOTION CARRIED. 15. Interim Planner Schultz discussed a proposal to remove two existing buildings at the corner of 3rd and Ash Streets to construct townhomes on the site. Chair Schlawin requested a meeting with the owner of the property to discuss the details of the proposal. 16. Planning Coordinator Smick opened discussion of a proposal to use a vacant concrete storage garage at 821 Third Street as a holding area for animals for the 4 Paws Animal Control Company. The site is an existing nonconforming use located in an R-l zone with residential uses to the east and west and business uses to the north and south, Chair Schlawin requested a meeting with the owner of the company be set to discuss the details of the proposal. 17. MOTION by Schlawin, seconded by Larson to adjourn at 9:25 PM. APIF, MOTION CARRIED. Submitted by, Lee Smick Planning Coordinator Approved . . . Minutes Planning Commission Special February 25, 1997 1. Chair Schlawin called the special meeting to order at 7:00 P,M.. Members Present: Keagy, Larson, Schlawin, Schwing. Members Absent: Siminoes Also Present: Planning Coordinator Lee Smick, Planning1ntern Michael Schultz 2. Chair Schlawin opened the continued hearing on the schematic plan for Pine Ridge Forest PUD. Lee Smick discussed some of the major issues that have stalled this development, which include a four acre portion of the development that extended beyond the MUSA boundary, conditions of outlots between this development and Heritage Development. Also included were; encroachment of the eastern portion of the lots into parkland, the control of water flow on the site, grading near the home located at 18515 Exodus Avenue, detailed tree planting plan, and any requirements requested by City Engineering staff after their review. Staff requested that the developer make a written request to the City since the 60 day review process had passed, the developer had no problem with this. Dan Westegren, the developers engineer, stated that they are working with Heritage on the grading problems and the agreement for the two (2) outlots. He also stated that the retaining walls will be installed for abutting Terra residents near the park. Larson asked about the phasing plans and what will be done with the area outside of MUSA. Westegren stated that it will be graded to prepare it for development when MUSA would be assigned to that area. Steve Rahman of 18515 Exodus Ave, was concerned about grading near his property due to the elevation differential between his lot and the development. Westegren stated that they will take care of it, Planner Lee said that it will become part of the Developer's Agreements, Schlawin asked when grading on the site would start and when the above landowner's property would be fInished. Westegren stated that it would probably be completed by June 1, 1997. MOTION by Larson, second by Schwing to close the public hearing. APIF, MOTION CARRIED. Motion by Larson, second by Schwing to approve the schematic plan for Pine Ridge Forest PUD contingent upon clarification on matters concerned with the encroachment of the eastern portion of the lots into the parkland, control of water flow on site, grading near the home of 18515 Exodus Ave, be worked out with the owner of the lot, a detailed tree planting plan be approved by the Planning Coordinator, and any requirements indicated by City Engineering Staff, APIF, MOTION CARRIED. 3. Chair Schlawin opened the continued hearing for the Preliminary Plat of Cameron Woods PUD. Planner Smick described the development and the current status of it. Ms. Smick than introduced the elevation models that were requested by the Planning Commission in the previous meeting. Larson asked if the elevations being shown were the Wensmann Townhomes. Ms. Smick stated that they were similar but have some minor variations. Discussion insued over the appearance of the typical building elevation. The Commission reviewed the previous recommendations for the project and agreed that a planting requirement for the area around the curved drivepaths to help eliminate headlight glare should be added to the fmal plat. Motion by Schwing, second by Larson to close the public hearing, APIF, MOTION CARRIED. MOTION by Schwing, second by Keagy to approve the preliminary plat conditional to the planting diagram dealing with the headlight glare. APIF, MOTION CARRIED. . . . 4. Chair Schlawin introduced discussion on the appeal on variance process, Planner Smick presented wording from other communities on the topic. Lee Smick gave the Commission recommendations of how the ordinance could be reworded to appear more conditional. The Commission raised questions of the process of a variance appeal. Schwing recommended that the appeals process should have attached a fee and that the City Council would need to pass the appeal with a 4/5 vote, The Commission went on to discuss possible conflicts that could arise. 5. Discussion was opened on the topic of rewording the fence ordinance, Discussion took place over the matter of allowing six (6) foot fences along the nonfront sides of comer lots. Schlawin stated that he was not only concerned with the aesthetic value of the tunneling affect that might occur, but also the public safety aspects of a six foot high fence. Conversation continued on possible solutions to reword the ordinance in a way that would be acceptable to the safety of the community. The Commission absolved that the ordinance should remain as worded. 6. Motion by Schlawin, second by Larson to adjourn at 9:15 P,M.. APIF, MOTION CARRIED. Submitted by, Lee Smick, Planning Coordinator Michael Schultz, Planning Intern Approved . . . MINUTES PLANNING COMMISSION REGULAR FEBRUARY 11, 1997 1. Chair Schlawin called the meeting to order at 7:00 P.M.. Members Present: Larson, Schlawin, Schwing, Keagy, Simones. Members Absent: None Also Present: Administrative Assistant Finstuen, Planning Coordinator Smick, Interim City Planner Schultz. 2, Chair Schlawin opened asked for comments on the minutes of the meeting of January 14, 1997. Chair Schlawin noted an error in the minutes in item #4, 6 and 9. Item #4 was corrected by stating that the intention of the property was to remain as a residence, however, because of changes within the PUD, this was not feasible. Item #6 was corrected to exclude the additional motion in item #7 and item #9 was corrected to state that all of the changes were approved as long as the conditional use permit remained intact. MOTION by Schlawin, second by Larson to approve the minutes as presented. VOTING FOR: Schlawin, Larson. ABSTAIN: Schwing, Keagy, Simones. MOTION CARRIED. 3. Chair Schlawin asked Administrative Assistant Finstuen to administer the Oath of Office to new members Karla Keagy and Chris Simones. 4. Chair Schlawin proposed to take the agenda out of order while waiting for the first public hearing time at 7:15 and begin by discussing the Commission/Council annual retreat. Administrative Assistant Finstuen informed members the retreat would be on March 8th from 8:00 AM to 2:00 PM and would include members of the Planning, Heritage Preservation, Parks and Recreation, and Senior Center Advisory Commissions, and Chamber of Commerce. Chair Schlawin broke off the discussion because the first public hearing needed to be opened and stated that the retreat would be discussed later in the meeting. 5. Chair Schlawin opened the hearing to discuss the ordinance amending off street parking. Interim Planner Schultz stated the ordinance would allow wider accesses along collector and local streets in industrial areas to serve truck off street loading areas. Mr. Schultz indicated the access along collector streets would be widened to 32 feet and 60 feet at the street right-of-way along local streets. Mr. Schultz stated this would ease the turning radius for trucks and recommended the amendment be forwarded to the City Council. Member Keagy questioned the reasons for amending the ordinance. Chair Schlawin stated that variances had been granted for wider accesses because of damage to curbs and grass areas by semi-trucks in industrial areas and, therefore, staff was directed by the Commission to amend the ordinance. MOTION by Larson, second by Schwing to forward the proposed ordinance to the City Council. APIF, MOTION CARRIED. 6. Chair Schlawin requested discussion of the appeals process for variances take place while waiting for the 7:30 public hearing. Interim Planner Schultz stated this was a continuation of discussion held at the January 14th Commission meeting. Chair Schlawin stated the wording in the ordinance should be reviewed because the phrase "a party may appeal a decision by the Zoning Board of Adjustment when there is alleged to be some error in any finding of fact, procedure or other finding made by the Boardn could be interpreted by a developer as a way to automatically appeal to the City Council when the Planning Commission does not approve a variance. He stated this would promote too many occasions for a disagreeing party to appear before the City Council on appeal. He stated he is . in favor of an appeals process, however, the wording should be used to limit appeals to procedural issues only. Administrative Assistant Finstuen stated the ordinance could be written as "an alleged error in procedure", Chair Schlawin postponed discussion of the ordinance revision until later in the meeting, . 7. Chair Schlawin opened the hearing to discuss the Schematic Plan for pine Ridge Forest PUD. Interim Planner Schultz stated the County GIS materials issue and the Enron Gas line easement had been resolved. Jay Hill of Westergren & Associates addressed the issue of the rear yard slopes being too steep by stating that parkland would be encroached by ten to twenty feet and existing trees in that location would be either sold to the City for park use, sold to Deer Meadow 2nd, or used on the Pine Ridge Forest site. He also stated that he had worked out an agreement with Heritage Development to combine two outlots on the Pine Ridge Forest site with two outlots on the Nelson Hills property. Chair Schlawin stated that trees located in the encroachment area should not be purchased by the City because of ethical reasons. He also stated the lot lines should remain as illustrated on the plan and the development should include an agreement to revegetate the site. Mr. Hill stated the encroachment area has a slope of 4:1. Chair Schlawin informed Mr, Hill it was important that good erosion control measures be followed to insure there would be no wash out in the area due to the steep slope. Steve Rahman, 18515 Exodus Avenue, explained that the road is elevated five feet near his garage and the grading from the road should taper back from the road along the adjacent ditch, and the ditch area should blend into the slope near his home. Chair Schlawin agreed that Mr. Rahman's grading problems should be dealt with through the Pine Ridge Forest PUD process. Interim Planner Schultz questioned whether this was the schematic plan or the preliminary plat stage. Mr. Hill stated it was his impression the plan was at the preliminary plat stage because all fees were paid and the information had been submitted for a preliminary plat. Chair Schlawin disagreed and stated it was a schematic plan and not the preliminary plat. MOTION by Larson, second by Schwing to continue discussion of the PUD at a special meeting on February 25, 1997, however, because of time limitations, the Schematic Plan should be forwarded to the City Council with the following conditions: A. City receipt of a letter of agreement between the developer of Pine Ridge Forest PUD and Heritage Development regarding the outlots on both properties; B. the schematic plan must address the following: · encroachment of the eastern portion of the lots into parkland, · the control of water flow on the site, · the grading near the home located at 18515 Exodus Avenue, · a detailed tree planting plan, · any requirements requested by City Engineering staff after their review, and · a letter from the Metropolitan Council approving the western portion of the PUD which is outside of the MUSA. . APIF, MOTION CARRIED. 8. Chair Schlawin opened the hearing to discuss the preliminary plat for Cameron Woods PUD. Jack Benedict, the developer, stated that 3.5 acres of land will be . . . ~ donated to the City for whatever use it deemed appropriate. Nancy Stein, 5550 Upper 193rd, inquired about the loss of trees within the required 50 foot buffer area. She would like the buffer area increased and requested that the developer install a 6 foot high fence along the curves of the development to deter the view of headlights for adjacent residents. Jeff Pilla, 5594 Upper 193rd, inquired about the need for review of the architectural design of the townhomes. He wanted to see some creativity in building design rather than a block style type of townhome. He also had concerns with the grading along the north and south borders of the site, Chair Schlawin stated that elevations for the townhomes was required to be submitted with the application. Mr. Benedict stated he was not aware of the requirement for elevations and was under the impression that the copy of the Wensmann Home drawings he had submitted earlier in the process would be sufficient to meet the elevation requirements. Member Schwing stated that the Wensmann Homes were not a representation of the Cameron Woods project. Chair Schlawin agreed with Member Schwing. He stated that the developer is required to submit building footprints and elevations as part of the PUD. Mr. Benedict agreed to submit elevations, but stated that if each use change on the site needed to come before the Planning Commission for elevation approval, it would slow the completion of the project, Judy Bryant, 5606 Upper 183rd, voiced concern regarding the location of the construction access to the property, She said that construction trucks along Euclid Avenue would create safety hazards. Jack Benedict responded that the original owner of the site, Gary Cameron, would remain on the property for a while and had originally wanted to move his house to another location. Chair Schlawin asked if Mr. Cameron would allow construction trucks to use his access driveway. Mr. Benedict responded that he did not have a written agreement with Mr. Cameron to use his access. He stated trucks could possibly access the site through the City's water reservoir access road. He remarked that residents in the area would need to understand that construction trucks would need to access on Euclid Avenue. He stated the first lot to be developed would be Lot 4. Interim Planner Schultz stated the grading plan shows that no trees will be removed or moved on the north and south borders of the site. He also stated that Dakota County had approved the road plans. MOTION by Schwing, second by Larson to close the public hearing and discuss the requested building elevations for the project at a special hearing on February 25th. APIF, MOTION CARRIED. 9. Chair Schlawin opened the hearing for East Farmington 3rd Addition. He requested the hearing be continued to March II, 1997, MOTION by Larson, second by Schwing to continue the public hearing for East Farmington 3rd Addition until March 11, 1997. APIF, MOTION CARRIED. 10. Chair Schlawin reopened discussion of the variance appeals process ordinance and requested staff further review the wording of the ordinance and present their findings at the next Planning Commission meeting, He also requested the Planning Commission be made aware, in writing, when an appeal is made to the City Council so members could be present at the meeting. He requested staff present their findings at the March 11, 1997 Planning Commission meeting. 11. Chair Schlawin opened discussion for amending the fence ordinance by directing staff to review fence regulations in surrounding communities, Staff should present their findings at the March 11, 1997 meeting. 12. Chair Schlawin opened discussion concerning a meeting with the Met Council on the MUSA expansion Comprehensive Plan amendment. Interim Planner Schultz and the City Administrator had met with the Met Council on February 7th, and were informed that the Met Council was still in the discussion stages of the amendment process. . . . ~ 13. Chair Schlawin continued discussion of the Commission/Council Retreat and listed a number of topics which could be discussed. The list included the review of low density housing in the City, fencing issues, discussion of the park referendum including the proposed regional park at 195th, land usage issues, education on POD's and the status of County Road 31. Members discussed other possible topics including the need for a joint Planning Commission meeting between the City and Empire Township, information concerning the status of the Comprehensive Plan, the need to meet with the School Board, and the need for additional meetings during the year with the City Council to keep each other informed of varying topics. 14. Chair Schlawin requested nominations for Commission officers for 1997. MOTION by Larson, second by Schwing to appoint Craig Schlawin as Chair for 1997, VOTING FOR: Larson, Schwing, Keagy, Simones. ABSTAIN: Schlawin. MOTION CARRIED. MOTION by Keagy, second by Larson to appoint Rob Schwing as Vice Chair for 1997, VOTING FOR: Schlawin, Keagy, Larson, Simones. Abstain: Schwing. MOTION CARRIED. 15. Interim Planner Schultz discussed a proposal to remove two existing buildings at the corner of 3rd and Ash Streets to construct townhomes on the site. Chair Schlawin requested a meeting with the owner of the property to discuss the details of the proposal. 16. Planning Coordinator Smick opened discussion of a proposal to use a vacant concrete storage garage at 821 Third Street as a holding area for animals for the 4 Paws Animal Control Company. The site is an existing nonconforming use located in an R-1 zone with residential uses to the east and west and business uses to the north and south. Chair Schlawin requested a meeting with the owner of the company be set to discuss the details of the proposal. 17. MOTION by Schlawin, seconded by Larson to adjourn at 9:25 PM, APIF, MOTION CARRIED. Submitted by, Lee Smick Planning Coordinator Approved 10-6-11 10-6-12 , 1: 10-6-11: HOME OCCUPATIONS: A home occupation is permitted as an accessory use if it complies with the requirements of this Section following all procedures outlined for approval of a conditional use. , .. '. . '" . . f '. \ " \. _: (A) The home occupation shall be conducted solely and entirely by persons who reside full time in the home. .. :,', ." " ," " I , ~ (B) The home occupation shall be conducted wholly within the principal or accessory structures. (..,..,.....- ~ . . , '0' i','. f' ", i ' (C) No structural alterations or enlargements shall be made for the sole purpose of conducting a home occupation. ...... r ~ . " . . . t- i, (0) Only one home occupation shall be permitted for each principal structure. (Ord. 086-177, 3-17-86) , I" ',' " , . .. . ..... f~ I.., (E) Exterior displays or signs other than a two-sided, two (2) square foot, nonilluminated sign and exterior storage of materials and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted. (Ord. 089-217, 7-6-89) .... . .... . " ; " I...'" , .. " . , ' " *' r-- f, ( (',. ; (F) The activity does not involve the manufacture, assembly or distribution of goods and the activity does not deal with the general retail public. (Ord. 086-177, 3-17-86) ..... . . "-. . { " , ...... " ' , " ,', 10-6-12: EXTERIOR LIGHTING: . ' " . r i" '. L',. (A) All interior lighting shall be designed and arranged so as to not direct any illumination upon or into any contiguous residential districts. . " .' ," " '. '", r' ( (B) No exterior lighting shall be arranged and designed so as to create direct viewing angles of the illumination source by pedestrian or vehicular traffic in public right of way. " " ' I.', . r (.' ,... , ' (C) Lenses, deflectors, shields, louvers and prismatic control devices shall be utilized so as to eliminate nuisance and hazardous lighting. ;':: :', ,; E (0) Reflected glare from exterior lighting or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. , " ..:.... ...... f '," : ~ . .,' . ~. .'. . . i : ':" Poo. , ..' (,'..:. . ...J 'to . ," ,". '. . . . ~ . ..' .,' .."'...... ~. . '. . ,-;. . .... '. ," .... " .... L:...... . T' 395 . .. ,. ' . ," City of Farmington .:-<