HomeMy WebLinkAbout11.12.97 Planning Packet
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2.
a)
b)
AGEl\"DA
PLANNING COMMISSION
Regular
Nonmber 12, 1997
1.
CALL TO ORDER
APPROVAL OF MINUTES
September 9, 1997
October 14, 1997
c)
October 28, 1997
3.
PUBLIC HEARINGS
a)
7:00 PM -
Riverside Villas Preliminary & Final Plat
4. DISCUSSION
a) Variance for 513 2nd Street to construct home on 7942.08 s.f.lot in an R-3 zone.
b) Conditional Use to allow a ice cream/cafe in Prairie Creek Centre (Stegmair
House) and a variance to the minimum off-street parking requirements.
c) Resignation of Planning Commissioner Karla Keagy
3. ADJOURN
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City of Farmington
Community Development Department
Planning Division
325 Oak Street
Farmington, MN 55024
Community Dev,
Planning
Building Insp.
(612) 463-1860
(612) 463-1820
(612) 463-1830
To:
Farmington Planning CommissioI}
From:
Lee Smick, Planning Coordinator
Date:
November 12, 1997
RE:
Planning Commission Recommendation Summary
PUBLIC HEARINGS
a) Riverside Villas Preliminary & Final Plat
Recommendation
1. Approve the preliminary and fInal plat for Riverside Villas contingent upon
Engineering approval and recommend it to be forwarded to the City Council.
DISCUSSION ITEI\tIS
a) Variance for 513 2nd Street to construct home on 7942.08 s,f. lot in an R-3 zone.
Recommendation
Recommend the applicant apply for a variance to the minimum lot size of a property
in an R-3 zone.
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To: Farmington Planning Commission
From:
Lee Smick, Planning Coordinator
Date: November 12, 1997
RE: Riverside Villas Preliminary and Final Plat
Planning Department Review
Applicant:
Jack Benedict
311 Oak Street
Fannin~on,MN 55024
612-460-6866
Referral Comments:
1. Location Map
Plat Data
Proposed Development
The project proposes 57 townhome units on a 12.82
acre site
Location of Property:
The proposed location for Riverside Villas is at the east
end of 208th Street, east of the Farmington Middle
School and Riverside Development.
Existing Zoning:
The property is zoned R-3 - High Density Residential.
The adjacent zoning to the site includes single-family
residential to the west, the Farmington Middle School
to the southwest and a floodplain district to the south.
Empire Township resides to the north and east and
consists of vacant land to the north and a farmstead to
the east.
Lot Coverage:
The maximum lot coverage for an R-3 zone is 30%.
The proposed townhome buildings consist of 171,710
square feet and the site consists of 12.82 acres
producing a lot coverage of 30 % . The project
proposes 57 townhome units creating a 4.4 unit/acre
density, well below the 14.0 unit/acre density allowed.
Setbacks:
The minimum setbacks for a townhomes in an R-3
zone require a front yard setback of 20 feet, and side
Streets:
and rear yards of 10 feet. All setback requirements
have been met. .
The site plan consists of a private loop road at 24 feet
in width and provides two cul-de-sac roads well under
the maximum length of 500 linear feet required in the
City Code,
Topography:
The site is relatively flat and slopes towards the
southeast.
Flood Plain:
The flood fringe is located at the southeast corner of
the site. An initial review of the project by the
engineering staff verified that the 100 year flood
elevation is approximately 899,0, therefore, no
building pads may be constructed below 901.0, Within
the flood fringe zone (F-2), no placement of fill over
1,000 cubic yards may be located within the flood
fringe zone without a conditional use pennit.
Therefore, the developer would have to follow these
guidelines for the excavation of a proposed holding
pond in this location.
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Additional Comments
The preliminary and final plat for Riverside Villas was originally reviewed and approved by the
Planning Commission on July 22, 1997. Proper notice to land owners within 350 feet must be
given in order to hold and public hearing and this was not achieved at the July 22nd meeting.
At the July 22nd hearing, a variety of issues were discussed. The City's Engineers were
concerned about all of the building pads being set at the same elevation. Discussions concerning
this issue will be resolved with the developer's engineer before the plat is reviewed at the City
Council. A second issue concerned the pond located at the southeast corner of the site. The
developer stated that the pond will be a part of a home owner's association and will be maintained
by this group, therefore no easement will be required.
Further review by the City's Engineering Division continues to be perfonned and issues to be
resolved include drainage on the site and the design and elevation of 208th Street. At the July
22nd meeting, the Planning Commission approved the preliminary and final plat contingent upon
City Engineering approval. The minutes from July 22, 1997 are attached.
Recommendation
, Approve the preliminary and final plat for Riverside Villas contingent upon Engineering approval .
and recommend it to be forwarded to the City Council.
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4. Chair Schlawin opened the public hearing for a variance for a rear yard setback at
1210 Fairview Lane. Planning Intern Schultz described the proposal by Mr. Bistodeau
to encroach one foot on the rear yard setback for the construction of a garage.
Schlawin asked Mr. Bistodeau if one foot would make that much difference.
Mr. Bistodeau stated that it would because he would like some landscaping between the
driveway and his deck. The Commission asked if he would be storing his siding
materials inside the garage. Mr. Bistodeau stated only his work trailer would be
stored. The Commission made recommendations on situating the garage and explained
that a hardship needs to be claimed, and if no hardship exists, a variance can not be
granted. MOTION by Simones, second by Larson to close the public hearing. APIF,
MOTION CARRIED. l\JOTION by Simones, second by Larson to deny the variance
based on no claim of hardship. APIF, l\IOTION CARRIED.
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5. Interim Planner Schultz described the Riverside Preliminary and Final Plat to the
Commission. Schultz stated that the plat has been reviewed by Engineering and is
awaiting revisions to the curb and guner along the private roadway, and revised
vertical and horizontal elevations for 208th Street to match a future roadway to the
east. Member Larson asked the Developer, Jack Benedict, how water runoff would get
to the ponding area. Mr. Benedict stated it will be piped. Schultz informed the
Commission that one of the problems was that the same elevation was shown on all the
building pads. Mr. Benedict stated that he had a problem with the City Engineer's
recommendation of raising all the pads up an additional six inches. Mr. Benedict was
asked where the overflow will go from the pond. Mr. Benedict stated that, unless there
was a 200 year flood, the pond should not overflow. The Commission requested
further City Engineering review of this issue. Member Larson asked if there was an
easement to the ponding area. Mr. Benedict stated that the pond will be part of the
association and taken care of by them, thus no easement is necessary. Mr. Benedict
stated that the development is going to be named Riverside Villas. Schlawin requested
the plat be reviewed by the City Park Board concerning t.he retention pond. :MOTION
by Larson, second by Simones to close the Public Hearing. APIF, l\-10TION
CARRIED. l\10TION by Larson, second by Simones to approve the Preliminary and
Final Plat contingent upon City Engineering approval. APIF, l\10TION CARRIED.
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6. Planner Schultz updated the Commission on the review of the MUSA application to
the Metropolitan Council. The Commission asked Schultz questions relevant to the
MUSA application and when the application would actually be submined.
7. Adjourned at 10:00 P.M.
Submitted by
~Iichael Schultz.
Interim City Planner
Approved
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To:
From:
Date:
RE:
DIscrSSIO~ ITE1\l
Farmington Planning Commission
Lee Smick, Planning Coordinator
November 12, 1997
Variance for 513 2nd Street to construct home on 7942.08 s.f. lot in an R-3 zone.
Planning Department Re\;ew
Applicant:
Tom Ryan
208 Walnut
Farmington, MN 55024
Referral Comments:
Plat Data
1. Location Map
Location of Property:
Zoning:
The property is located at 513 2nd Street directly to the
south of Dakota County Library.
The property is zoned R-3. The adjacent zoning to the
site includes Heavy Business B-3 to the west, General
Business B-2 to the north and High Density Residential
R-3 to the east and south.
Proposed Development:
Lot Coverage:
The owner proposes to remove the existing 582 s.f.
house and build a 1,985 s.f house with a garage on the
site. The property consists of 7,492.08 s.f, therefore,
the owner is requesting a variance to the minimum lot
size requirements in an R-3 zone.
The minimum lot coverage for an R-3 zone is 25 %.
The proposed building consists of approximately 1985
s.f including a garage and will meet the maximum lot
coverage requirements.
Setbacks:
The minimum setbacks for the site require 20 feet in
the front yard along 2nd Street and the alley to the
north. A 10 foot setback is required on the side and
rear yards. The plan submitted must meet these
setback requirements.
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Additional Comments
The owner is seeking a variance for the site at 513 2nd Street. The owner proposes to remove the
existing 582 s.f. house and build a 1,985 square foot house with a garage on the site. The
property consists of 7,492.08 square feet, therefore the owner is requesting a variance to the
minimum lot size requirements in an R-3 zone. The R-3 zone requires a minimum lot size of
10,000 square feet.
A water hookup was recently installed by the owner along 2nd Street in order to improve the
property. An existing sewer line extends from the house and runs to the south connecting with
Walnut Street.
The variance approval procedure includes the following:
A) Literal enforcement of the ordinance would result in undue hardship with respect to the
property. - Because of the size of the property and the date that it was platted (1938), the .
literal enforcement of the ordinance would show an undue hardship with the property by
not allowing the construction of a residence on the site. Therefore, the lot would remain
vacant without the approval of a variance.
B) Such unnecessary hardship results because of circumstances unique to the property. - The
property was platted in 1938 and because the lot was zoned R-3, this results in a hardship
unique to the property.
C) The hardship is caused by provisions of the ordinance and is not the result of actions of
persons presently having.an interest in the property. - The lot was platted in 1938 and the
lot is designated R-3 making this an unbuildable lot.
D) The variance observes the spirit and intent of the ordinance, produces substantial justice and
is not contrary to the public interest. - The applicant will remove an existing house built in
the early 1900's, which is currently in disrepair and construct a single-family home which
meets current building codes.
E) The variance does not permit a lower degree of flood protection than the flood protection
elevation for the particular area or permit standards lower than required by State Law. -
Not Applicable.
Recommendation
1.
Recommend the applicant apply for a variance to the minimum lot size of a property in an
R-3 zone.
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To:
From:
Date:
RE:
DIScUSSIO~ ITEM
Farmington Planning Commission
Lee Smick, Planning Coordinator
November 12, 1997
Conditional Use to allow an ice cream/cafe in Prairie Creek Centre (Stegmair House)
and a variance to the minimum off-street parking requirements.
Planning Department Review
Applicant:
Tim and Gina Erickson
Referral Comments:
Plat Data
1. Location Map
2. Development Agreement
3. Minutes - January 14, 1997
Location of Property:
Zoning:
The property is located at the intersection of Akin
Road and Elk River Trail.
The property is zoned B-2. The adjacent property to
the east, v,'est and south is zoned R-l and the property
to the north is zoned B-1.
Proposed Development:
Lot Coverage:
Setbacks:
The owner proposes to develop an ice cream/cafe
within Prairie Creek Centre and requires 500 square
feet of space.
The minimum lot coverage has been met.
The minimum setbacks have been met for this site.
Additional Comments
The owner is seeking a conditional use permit to allow an ice cream/cafe to be located within
Prairie Creek Centre. As stated in the Development Agreement between the City of Farmington
and Progress Land Company, the land use for this property is to remain professional business
office only. A second condition to this agreement stated that the existing structure could not be
destroyed and/or razed, and the original footprint of the building must be retained. The
development agreement is attached for your review.
The owner is also seeking a variance to the minimum off-street parking requirements. The number
of existing parking spaces on the site consists. of twelve with one handicap space. Since the
building consists of 2,119 square feet and the proposed ice cream/cafe is 500 square feet, and
additional two parking spaces is required on the site to meet the minimum off-street parking
requirements. Therefore, the owner is seeking a variance for two additional spaces.
Recommendation
1. Abide by the Development Agreement and deny the ice cream/cafe use within Prairie Creek
Centre.
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.~.GRE~~"'l'
=ET~~EN CITY C? :~~~INGTON
~~~ PROGRESS ~~~ CO~P~~~, INC.
THIS AG~EEMENT is ~ade
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1997, by and between the CITY C? =;:~~IKGTON, ~ Min~esota ~u~lclpal
corporation (the "Cityll) and :~og=ess Land Company, I:'ic., a
Mirmesota corporation (the II De.....ele;er II ) .
1.
Recruest for Aooroval.
The Developer has requested that
the City amend the land use c: Lc~ 1, 3lock 2, Frairie Creek Second
~..... ,,-'
. .QQl ,-lon
(the "?ropertyll), frc::\ a ?,1-:?t.':'D to 32-?l.JD, General
Business. Whereas, the City agrees to amend its' zoning ordinance
in this manner, however, it is co~~itional on the Developer
entering into this developme~t Agree~e~t.
The Property is legally descri=ed as follows:
Lot 1, Block 2, Prairie Creek Second Addition
Dakota County, Minnesota.
2. Conditions of Annroval. The City hereby approves this
Agreement on the following terms ~~d conditions:
a. the Developer enter into this Agreement, and
b. the land use allowable en the Property shall be a
'professional business office only.
c. should the existing structure be destroyed and/or razed,
any new structure shall retain the footprint of the
original building.
3. Develooment Plans. The Developer shall develop the
Property in accordance with the following plans. The plans will
not be attached to this Agree~ent. The plans maybe prepared by the
Developer, subject to City approval, after entering into this
Agreement but before any commencement of work on the Property. If
the plans vary from the writte~ te~s and conditions of the
Ag=-ee~ent,
t :-~e
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plans are as follows:
?lan A - Stagi~g ~la~
.
?lan 3 - Lancs=ape :lan
plan C Arc~i~ec~~=al :lans (This shall incluce
olans for all s~r~=~~=al i~orovemencs and additio~s)
- .
4.
Landscaoinq.
Tte Deve:c~er shall landscape the Property
i~ accordance with plan 3. 7he lancscaping shall be acco~plished
in accordance with a time schedule approved by tte "City".
S. License. The Develcper ~ereby grants t~e City, its
agents, employees, officers and c=nc=actors, a license to enter the
Property to perform all necessarj ~ork and/or inspection ceemed
._:.. appropriate__by_the..City. duri:1g t=-e. tir::e.,of.. ccnstruction.
6. Resoonsibilitv for Coses.
A. The Developer shall pay all costs incurred by it or
the City in conjunction with the cevelopment of the Property,
.
including but not limited to, legal, planning, construction costs,
engineering, the preparatio~ of this Agreement, and all reasonable
costs and expenses incurred by t=.e City in monitoring and
inspecting the project.
B. The Developer shall hold the City and its officers
and employees harmless from clai~s ~ade by itself and/or third
parties for any damages sustaine~ or costs incurred resulting from
approval and construction of this project. The Developer agrees to
indemnify and hold harmless t~e City and its officers and employees
for all costs, damages or expenses ~hich the City may payor incur
as a result of such claims, including reasonable attorney's fees.
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C. 7~e De,e~c?er s~al~ ~e:~~~~se t~e City for ccstS
incurred
i:1 the
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entorce~ent c: t~~s
Aq~eeme~t, including
engineering and attorney's fees.
7.
T.imitations as to t:se.
~~ ~o ti~e is the Property to be
~sed for anything other than busi~ess cffice p~r?cses. Should the
existing structure be destroyed a~~/or razed, a~y new structure
must retain the footpri~t of the origi~al building. Further, all
plans and specificatioEs must be s~~itted and approved by the City
prior to any new construction or recc~struction.
8. Miscellaneous.
A. This Agreemem:. sr.all ~e binding upon the parties,
"'p.-, . heirs, successors or assig::s, as the case may be.
I..uel.r
3. Breach of the tern:.s of this Agreement by the
Developer shall be gro~~ds for denial of building permits.
C. The invali~ity or unenforceability of any particular
provision of this Agreement-shall not affect the other provisions
of this Agreement, and this Agreement shall be construed in all
respects as if such invalid or u~enforceable provisions were
omitted.
D. This written docu~ent expresses the entire agreement
among the parties and supersedes ~~y prior Agreements or
understandings concerning the subject of this Agreement. No
amendment shall be valid unless it is in writing and signed by all
the parties.
E. This Agreement shall ~~n with tte land and may be
recorded against the title to the Prcperty.
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I~ \-iIT~:S.sS K:~:S:\.:Sc;?,
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::::.ve
exec'...:t:ed
this Ag~eeme:1t:
effective the c::.y a~d year fi~st ~~\e ~ritten.
.
:Ceveloper:
CI7Y OF F~_~~INGTON
By' 1Jv-~
Warren . Israelson
It's President
3v:
/::t-.JJ7 1l::6
Gerald Ristow
Mayor
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J.bh.."'l F. Erar
/City Clerk/Administrator
:~OGRESS L~ COM?~~~, INC.
3v:
State of Minnesota )
) ss.
County of Dakota )
e
'f.l::;j/~ Jl1.~~ fer/( .
Notary. ll.c
.
State of Minnesota )
) ss.
County of Dakota )
. ''''u-
The (oregoing instrument was ack.,owledged before me this i~
day of ~ , 1997, by Gerald Ristow, Mavor. and John
F. Erar. City Clerk/Jl.dministrator, of the City of Farmington, a
Minnesota municipal corporation C~ behalf of the corporation and
pursuant to the authority granted by the City Council. .
I ! r. 1'0;::r.' ~
.~",1' t,,;"'~
Notary Public
Drafted By:
GRANNIS & GRA-~IS, P.A.
412 Southview Boulevard
Suite 100
South St. Paul, MN 55075
(612) 455-1661
c~~is\!arm~n;e.c~v\!a~~d.ste
KAREN M. FINSTUEN
HOT.lRY PUBUC-M1NNESOTA
OJJCOTA COUNTY
. My Crxnmission Ex;lires Jan. 31. 2000 t
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,- - - Buildino Permit
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~63-7111 fla 463-259 (
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. Site Address
Legal Description
Block
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Addition ?rL~' '~fl:'
c...~'="c 1< Si....= LDI...{:J
Applicant: Owner X Contractor;K
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I Propert). Owner (Q;\-iVn.VI Phone No. "-f sc- '3 ! ,I ~
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State /,l1.) Zip ~
City
Contractor
Company ~C c:-Qc..':;;~ /-I-C/-1<: S>
Contractor License No.: ~COS j J-.)..-
Phone No. l/-)~-- ') J Ie;-
Expiration Date '3 J :3 J J C; 7
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Address J y.. ~ .N I CC>c....t..c I q-. S:./c33':;: Phone No:
City ~ \2..'\)S V J LlE State ..A1 V
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Description of Project ~\2 ~.()6L t=" X (~ n tV C- J...J.e> u S<::
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Bldg Permit T)1>e:
OOS-bCustrial
006 - ~onaI
007 - ~Uc
o 08 - Ga."'2ge
o 82 - AdCiIion
o 09 - Pool
. 0 10 - Move
o 11 - Other Structure
o 12 - Deck
o 84 - Interior. Finish
o 13 - Porch
014 - Demo. Res.
o 15 - Demo. Non-Res
o 99 - Other
88 - Reside
89 - Reroof
(O'-er)
Pl:ln Review Submittal Checklist
Code Information Hand0ut (!" on- Residen:i2:)
/ Completed Application
/v,'\. Two Legal Surveys 14~.!\.."'t:- L-.:.o;....;';'L~) c'''' ?i-::: ?'u-l'V~?.:.1\CiJr.:c.-
/' Two Complete Sets of Plans
~ One Energy Calculation
Permit and Plan Reyiew Fee's are based on Section 30~ of the UBe.
Estimated Value of \Vork $ .~ 7, 7><" CO
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Description Cost per Square Value
Square Feet
Foot
1 Sl Floor ~ 'S". DO \)-7'7 ~ 71 S~tU
2nd Floor ; i~ .0D .~i.Q, ~I-' aD
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Sq. Ft. per Floor Above
- - -
2nd
Basement - - -
Garage - - -
Deck J'lO .00 3tffo 3. tftD.cD
Other - - -
TOTAL 37, 7>';.00
Length
'-\-Q
30
Stories
'J..
Width
.
Construction T)?C wa~ ~.'\o1G Zoning pcJD or=fi~
Occupancy Type Oi=~l..G'
This permit sball be DUn and void it authorized work is Dot started within 180 da)'s or if work is suspended or abandoned ror
180 d3)'S or more after work is started.
Date s;Iza A7
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1&1'7/27,;0 =: 7
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RE~':\
JA....."UMy 14, :SS7
1. C~air Schlawin called the meeting ~o o~~Q~ at 7:00 P.M..
Members Present: Gramentz, La~s~~, S=~la~i~.
Members Absent: Schwing.
Also Present: I~terim Ci~y Pla:~er S=~~l~z, ~dmi~ist=ative Assistant Fi~s~~en.
2. Chair Schlawin asked for co~ents on t~e minu~es of the meeting of
December 17, 19S6. MOTION by La=son, secon~ by G=amentz to approve the minutes
as submitted. APIF, MOTION c:ARR.I:E:D.
3. Chair Schlawin opened the hea=ing ~o d~scuss the schematic plan of Pine
Ridge Forest PUD. Mr. Schultz introduced t~e concept for the PUD. Because of
elevation changes on site, City enginee=i=g s~aff had requested information
which ~as not no~.ally re~~ired ~~til t~e ~=eliminary plat is submitted. After
initial review by City enginee=i=g, a meeting with Westergren and Associates,
project engineers, was requested. ~s resulted in a second submittal of
grading and utility plans. Mr. Schultz indicated that staff ~as recommending a
continuation of the hearing until the City engineering staf= ~as had sufficient
time to review the new plans and for the project engineer t~ make any requested
changes. It was also noted that the PUD would need to be e~ther approved or
denied at the February Commission meeting in order to meet t~~e limitations.
Dan Westergren, project engineer, stated t=at he was working with City staff to
solve problems with the slope on the site. Interim Planner Schultz expressed
some concern regarding adequate water pressure to some of the lots. The
developer, Tim Giles, responded that ~Ater faucets would not be allowed over
certain heights on some lots. Chair Schlawin asked how the outlots, referring
to those along Nelsen Hills Fa~, would be platted. Mr. Giles responded that
would be worked out before the PUn ~AS finalized in February. MOTION by
Larson, second by Gramentz to continue the public hearing until February 11,
1997. APIP', MOTION CARRIED.
4. Chair Schlawin opened the bea=ing =e~~es~ed by Warren Israelson of Prog=ess
L~~d Company to amend the prai=ie C=e~< Pu~ to allow t~e convBrsion of t~e
Stegmaier homestead into office space. Do==a Ramero expressed concern about
traffic created by the change in use. Mr. Is=aelson explained that there were
only going to be 8 offices which would generate 1 or 2 trips each per day.
Questions were raised regarding fu~~e use of the site, should the house one
day be destroyed. Chair Schlawin sta~ed that the PUD could be amended again in
o=der to preserve the integrity of the P~. The Pl~~ing Commission re~~ested
that Progress submit a landscaping pl~~ fc= s~aff review prior to final
approval. MOTION by Larson, second =: G=amentz to close the public ~earing.
APIF, MOTION CARRIED. MOTION by Gra=.entz, second by Larson to forward a
recommendation to the City Council =eco~e=d~ng ap~=oval of the amen~~ent
subject to ~ee submittal and a~~=oval of ~:.e landscaping plan. APIF, MOTION
CARRIED. After the public eear~ng ^as clcsed, Kirr~erlee Bovee submitted a
pe~ition with 18 sigr.atu=es of.=eside=~s ^~o were c~posed to amending tee Pu~
to allow this use. She stated that ~t was t~eir belief that the lot would be
used for new house ccnstructicn. ~r. Israelson stated it ~as alwavs his
intention to save the homestead as a resicence, ho~ever because of- changes
~ithin the Pt~, it ~ould not be feasi~le because of costs and its proxi~ity to
Pilot Knoo Road. ~s. Bovee stated that it ~as her opinion that co~ercial use
is not an acequate buffer for the res;c~nces to t~e east of the homestead.
OCT-29-97 WEDu-C5: S5 KELL Y&KARLA
TO: L~e Smi(".k
City Planning
463.2591
--
Odo~~J' 28, 1997
Deal.- L~~;
16128983063
P.101
FAX ~rF..;\rO
FROM1 Karla Keagy
46()"2484
.
Due to unforeseen circlJm~t~l)('es. I fiud it ut:c~Jl~cy tu resign from the Planning
Commission. As you Imow, J have alwa)'~ beat impr6Sed with the de\Ji.c2ttiull 2tml
eflort made by t:v~ryune in Chy Plnnning. I also ha,-e a great RrprM:"iSltiol.\ ro.. tl1.e
conM':jentiot1~ way in whiclt tlae cummission works to mnl,c Farmington a better
conJlnunity. It ha~ hN':n $I privled~e to work with you lllL
Sincer.dy. ./
~./..... .J.
.?<~....- ~~~-6f"'-.
Karla Keail,Y .p if
.
.