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HomeMy WebLinkAbout1989 I I I 173 MINUTES PLANNING COMMISSION REGULAR. JANUARY 17, 1989 1. Chairman Hanson called the meeting to order at 7:00 P.M. Present: Dau, Gerten, Hanson, Sampson. Absent: Rotty. Also Present: Planner Tooker. 2. The Chairman asked for comments on the minutes of December 20, 1988. MOTION by Gerten, second by Hanson to approve the minutes of December 20, 1988 as distributed. APIF, MOTION CARRIED. 3. The Chairman then opened the public hearing advertised for 7:00 P.M. which was requested by Charles B. Hansen for a variance to the size and setback limits listed in the ordinance for residential storage buildings. Planner Tooker indicated that the building is up but that the applicant has provided no grounds for hardship. The applicant was not present. MOTION by Dau, second by Sampson to continue the public hearing until February 21, 1989 at 7:00 P.M. to give the applicant an opportunity to respond. APIF, MOTION CARRIED. It was the consensus of those present that staff prepare a general information sheet that could be included with regular utility billing advising all residents about general building requirements in the City, leaving a number to call in case of questions. The idea was endorsed as a way to cut down on the number of buildings put up in violation of City codes. 4. Chairman Hanson opened the public hearing advertised for 7:10 P.M. which was requested by Jim Haugen Dodge for a variance to the sign ordinance. He asked Mr. Haugen to comment and Mr. Haugen indicated that he was attempting to put in standard signs available from Chrysler Corporation and would like to know the history of other signs that have gone in that were larger than permitted by the 1986 ordinance. Tooker responded that, of the four major freestanding signs that have been erected, three were granted variances whereas the fourth is in compliance with the ordinance. He said further that if it appears that a larger sign is favored by the Commission, the ordinance should be changed rather than to continue granting every variance that is requested. MOTION by Sampson, second by Dau to continue the public hearing until February 21, 1989 at 7:10 P.M. and to decide at that time if the ordinance should be amended. APIF, MOTION CARRIED. 5. Planner Tooker introduced two proposed amendments to the Farmington Zoning Ordinance. The first would define Resource Recovery and then add it as a conditional use in the I-I Industrial District. The second is the revision of the Landscaping section previously endorsed by the Commission but returned by the City Council for more criteria that will provide guidelines to help evaluate developer proposals. The Chairman decided to divide the amendment proposals and asked for comments on the proposed revisions to the landscaping ordinance. There was general consensus that the revisions improved upon the original recommendation. MOTION by Sampson, second by Dau to forward a recommendation for the City Council to adopt the proposed amendment to the Landscaping section of the ordinance as revised. APIF, MOTION CARRIED. 6. The Chairman then turned to the resource recovery issue by indicating that he agreed with the statement made by the Mayor regarding the potential negative impact such a facility would likely have on prospective industry. Member Sampson indicated 174 that several business people had called him who were not in favor of such a I facility in Farmington. Member Gerten asked why Farmington, in all of Dakota County, is the only community that has chosen this method of disposal. Planner Tooker said that Farmington is unique in that all other communities use private haulers and Administrator Thompson followed by saying that County Commissioner Harris had pointed out last week that other communities. namely Eagan, had wanted to be excluded from the burn facility but that the County would not release them. Planner Tooker suggested that the discussion focus upon resource recovery in general rather than to mix it with the co-composting facility now being discussed by the City Council. Member Sampson said that we have a responsibility to develop a good resource recovery system, but it is perhaps too early. We should wait until the technology has been refined. Chairman Hanson agreed. MOTION by Dau, second by Sampson to forward the proposed amendment on resource recovery to the City Council with the recommendation that it be denied. In favor: Dau, Hanson, Sampson. Opposed: Gerten. Motion carried. 6. The Commission briefly discussed moving the meeting date from the third Tuesday of each month to either the second or fourth Tuesday to better fit with the meeting schedule of the City Council. It was agreed that the discussion should be held over until all members could participate in the discussion. 7. The Commission decided to adjourn at 8:55 P.M. Charles Tooker Planner ~ \i '\ f\ 1# i I... 'j )) \jV\j \ ..(\ /"b 9-' J- \ I Submitted by, (!~/jl~ I I I I 175 MINUTES PLANNING COMMISSION REGULAR. FEBRUARY 21, 1989 1. Chairman Hanson called the meeting to order at 7:00 P.M. New members were introduced and welcomed. Members Present: Dau, Hanson, Rotty, Schlawin, Strelow. Members Absent: None. Also Present: Planner Tooker. 2. The Chairman asked for comments on the minutes of the January 17, 1989 meeting. MOTION by Hanson, second by Dau to approve the minutes of January 17, 1989 as presented. APIF, MOTION CARRIED. 3. The Chairman next asked about member flexibility regarding special meetings. In the past it has been possible to schedule special meetings late in the after- noon to avoid utilizing an entire evening. No one could foresee any circumstances that would interfere with scheduling special meetings at 5:00 P.M. Mr. Hanson also asked if it would be possible to move the current meeting from the third Tuesday of the month to either the second or fourth Tuesday. The primary reason for the change would be to smooth the flow of information to the City Council, since either the second or fourth Tuesday would precede City Council meetings by a few days rather than a few weeks. It was the consensus of those present that Tuesdays present no conflict problems and that the second Tuesday of each month will be the new meeting date beginning with the April meeting. 4. Chairman Hanson opened the continued hearing on the variance requested by Charles Hansen to retain an auxiliary storage shed built in his rear yard three feet from both side and rear property lines and 20 square feet larger than the 120 square foot limit established by the ordinance. Members of the Commission suggested that this sort of problem occurs because residents are unfamiliar with requirements for accessory buildings. Several suggestions were discussed that would better inform all citizens. The most popular idea was for the staff to develop an insert for one of the quarterly water billings each year informing citizens of their responsibility to apply for permits when any new structure is planned. MpTION by Rotty, second by Dau to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Dau to deny the requested side yard variance but to approve the additional 20 square feet in size requested on the basis that it will not become precedent setting since, in the future, the public will be better informed. APIF, MOTION CARRIED. Member Strelow was excused at 7:20 P.M. 5. Chairman Hanson opened the continued hearing on the variance requested by Jim Haugen Dodge to erect a freestanding sign both larger in area and taller than allowed by the current sign ordinance. Planner Tooker reviewed ordinances from other communities in the metropolitan area and suggested that possibly the Farmington Ordinance was restrictive regarding pylon signs, but that any increase in size of pylon should directly related to a reduction in the size of wall signs on the same property. He also said that 20 feet is the maximum height used in other nearby communities. MOTION by Rotty, second by Dau to close the public hearing. APIF, MOTION CARRIED. MOTION by Dau, second by Rotty to approve the height and size requested at 23' 10" and 81.10 square feet for Jim Haugen Dodge provided that no new wall signs are added to the premises until the Sign Ordinance has been amended. IN FAVOR: DAU, HANSON, ROTTY. OPPOSED: SCHLAWIN. MOTION CARRIED. 176 Member Schlawin indicated that his no vote was directed at the height of the sign I since he believes that no hardship exists. 6. The Chairman opened the hearing advertised for 7:20 P.M. requested by Arthur Leibfried to rezone an "L" shaped parcel north and east of the Budget Mart on the east side of Highway 3. Planner Tooker indicated that while the request includes approximately 3 acres, only one third of the site can be utilized based upon City standards specifying one principal use per parcel and that every parcel must include frontage on an improved public street. The applicant wishes to build a car wash adjoining the frontage road along Highway 3. At some future time, he would like to build mini-storage units behind the car wash. Tooker indicated that the neighborhood needs an overall plan including the layout and development of Walnut Street before any wholesale rezoning of the area is accom- plished. The three acre proposal is premature at this time, but the staff would recommend approval of a rezoning for the car wash on a site area measuring 180 feet wide by 210.45 feet deep or approximately nine-tenths of an acre. Mr. Leibfried said that he would like the entire lot rezoned before other uses are developed and welcomes the extension of Walnut Street immediately to the north. He said further that he would have appreciated it if staff had given him its recommendation prior to the meeting. Tooker responded that the staff recommendation was presented to him during the initial discussion. One neighbor living directly across the street from the Budget Mart objected to the rezoning based upon existing noise during evening hours. She would not like to see any additional business activity that will generate traffic and additional places for young people to "hang out". It was agreed by members present that the problem raised is more a police problem than a land use problem. MOTION by 1 Rotty, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Dau to recommend approval of rezoning from R-3 High Density to B-1 Limited Business for the south 180 feet of the north 810 feet of the west 219.45 feet of the North ~ of the SW~ of Section 32 to the City Council. The area includes 180 feet of frontage along the service road immediately north of the Budget Mart and at the same depth as the Budget Mart lot. APIF, MOTION CARRIED. Member Rotty was excused at 8:20 P.M. 7. Planner Tooker reviewed the preliminary plat of Country Hills previously approved in its current form on September 15, 1988. Tooker said that while most conditions listed under the recommendation for approval have been endorsed by the Developer, Heritage Development, there have been some changes in the staff position as follows: a. Grading of 190th Street west of Lot 1, Block 1, will be required only to an elevation that will create an acceptable storm water pond on Outlot B. b. The storm sewer required along the west edge of County Road 31 shall be installed by the City and credited against the storm water management for Country Hills. c. Outlot A shall be dedicated to the City but the value determined at the signing of a developers agreement shall be credited against the area water fee for Country Hills. d. The study recommended by Kaldunski regarding the appropriate location for Euclid Path has been completed by the staff and it suggests that Euclid Path can remain as proposed in this development and function as needed as a north/south street in this neighborhood. I 177 I David Heller representing Heritage Development indicated that his firm has one further objection to the listed conditions for approval. It is the requirement for the developer to post a bond for all improvements for the entire 33 acre site. They would like to offer an alternative but have not presented it in written form for staff to review. The staff on the other hand is convinced that bonding is necessary since it is the only control the City has in assuring proper implementation of the plat. Member Schlawin had several questions regarding the development of 190th Street. Daniel Parks, engineer for Heritage Development, indicated that the developer will improve 190th Street to the west edge of Lot 1, Block 1, including curb and gutter on both sides of the street and will be installing some additional blacktop and curb on the north side of the street between Euclid Path and the proposed right of way for County 31. Member Schlawin is also concerned about the debris of abandoned equipment on Outlot B and hopes that the City is not responsible for the clean up. MOTION by Schlawin, second by Dau to recommend approval of the preliminary plat of Country Hills to the City Council subject to the following: a. The ponding area north of County Road 31 shall be dedicated by the Nelsen Estate and the land value credited against the storm water management fee for the proposed plat contemplated north of Country Hills. b. The full width of 190th Street must be constructed between Eublid Path and the western edge of Lot 1, Block 1. In addition, the right of way between Lot 1 and the western limits of the plat must be graded to 2 feet above the 100 year high water level. c' A storm sewer shall be constructed by the City on the west edge of County 31 between the storm sewer in cul-de-sac B to the proposed pond listed in "a" above utilizing storm water management fees generated by this development. d. The developer shall be required to post a bond to assure that the storm water drainage on Block 2 will be handled exactly as designed. e. The plat shall include a fifty foot (50') wide gas easement adjoining the north edge of 190th Street in Lots 1, 2 and Outlot A in Block 3, and the developer shall sign an agreement Enron assuming the cost of relocating the 2" pipeline out of the right of way of 190th Street. f. Outlot A shall be dedicated to the City for construction of a City well and wellhouse and as a possible relocation site of the gas metering station situated in the proposed right of way of County 31. The value of this site will be credited against the water area service charge generated by the proposed plat. g. The Park dedication will be taken in cash to help acquire a usable park site to the north of this plat. h. A two phase development will be acceptable if construction of public improvements is completed within a 24 month time frame and that the developer posts a bond for all proposed improvements in the 33 acre site as a part of the first developers agreement. i. In addition, there are several specific engineering details addressed by the City Engineer which also must be incorporated into the plans. 1 1 APIF, MOTION CARRIED. 178 8. The Chairman indicated that there will be a special meeting on March 8, I 1989 at 5:00 P.M. in the Council Chambers to discuss a variance and conditional use requested by Duo Plastics to build an addition to the existing structures but on a separate lot west of the downtown. 9. Chairman Hanson asked if staff had investigated the possibility of somehow limiting the length of time a conditional use might be valid. Planner Tooker said that he would contact the City Attorney. 10. Those present agreed to adjourn at 9:10 P.M. Submitted by, C ~~MPA- ~ Charles Tooker Planner Approved 'I - t 'I) J ~)-Cb\ 1 I 179 I MINUTES PLANNING COMMISSION SPECIAL MARCH 8, 1989 1. The Chairman called the meeting to order at 5:00 P.M. Members Present: Dau, Hanson, Schlawin, Strelow. Members Absent: Rotty. Also Present: Planner Tooker. 1 2. Chairman Hanson opened the public hearing advertised for 5:00 P.M. to discuss the variance and conditional use application from Duo Plastics, Inc. to build an addition to the existing structures north of Trunk Highway 50 but on a separate lot. A building complex on two lots is made necessary by the way in which the expansion is being financed. Tooker indicated that the staff favors this expansion and recommends approval of both the conditional use and the variance. MOTION by Strelow, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Schlawin, second by Strelow to approve the variance requested to build linking corridors and a pump room within the required side yard setback area subject to their removal if the two lots are no longer utilized by the same company. In addition, the variance stipulates that each lot and building on it shall have its own water service as well as sewer service whenever sanitary lines are extended to the area. APIF, MOTION CARRIED. MOTION by Dau, second by Schlawin to approve the conditional use to construct a manufacturing plant and associated parking as indicated in the submitted site plan subject to the preparation and im- plementation of a landscape plan that satisfies the staff. APIF, MOTION CARRIED. 3. The Commission agreed to adjourn at 5:30 P.M. (lU 1Z(~ J) Oi~;t' \J :/(~ ~_~l Submitted by, Charles Tooker Planner \) I I I I 181 MINUTES PLANNING COMMISSION REGULAR MARCH 21, 1989 1. The Chairman called the meeting to order at 7:00 P.M. Members Present: Hanson, Rotty, Schlawin, Strelow. Members Absent: Dau. 2. Chairman Hanson asked for comments on the minutes of February 21 and March 8, 1989. MOTION by Schlawin, second by Hanson to approve the minutes as distributed. APIF, MOTION CARRIED. 3. The Chairman recognized Tim Carr who wished to discuss his recent notice by the Building Inspector to remove an illegal sign and to apply for a new home occupation at his residence on Akin Road. The Chairman indicated that home occupations are not transferable and that the sign in place is the same one that generated the first hearing. He was advised to talk with the Planner and to remove the sign until the home occupation has been reviewed by the Commission and some decision has been made about the appropriate size of home occupation signs in residential districts. 4. The Commission began a discussion of two proposed amendments to the City Code regarding zoning amendments and the maximum size of signs within business districts. Because one member was absent and one member failed to receive a mailing from the staff, it was decided to hold over both items until the April 11, 1989 meeting. 5. Those present agreed to adjourn at 7:45 P.M. Submitted by, Kenneth Hanson Chairman 4 - !!-~ <6 {1 Approved 183 I MINUTES PLANNING COMMISSION REGULAR APRIL 11, 1989 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Dau, Hanson, Rotty, Schlawin. Members Absent: Strelow. Also Present: Planner Tooker, Park and Recreation Director Bell, Engineer Kaldunski, Administrative Assistant Finstuen, Administrator Thompson. 2. The Chairman asked for comments on the minutes of March 21, 1989. MOTION by Rotty, second by Schlawin to approve the minutes of March 21, 1989 as submitted. IN FAVOR: Hanson, Rotty, Schlawin. ABSTAIN: Dau. MOTION CARRIED. 3. Planner Tooker indicated that Jack Benedict has had problems convincing his engineer that the staff needs time to review materials prior to meeting dates. Since Engineer Kaldunski and the Soil and Water Conservation District did not receive materials in time for adequate review of the plat, it was mutually agreed that discussion of this subdivision should be deferred until all of the material has been reviewed. I 4. Planner Tooker reviewed the proposed reV1S10n to Section 10-8-10: Amendments, as proposed by City staff. Chairman Hanson and Member Schlawin had difficulty with Section G since it would, in effect, amend the zoning ordinance without a public hearing and would not require a two/thirds vote of the City Council. Tooker said that the wording had been adapted from other ordinances and was intended as a way to keep the ordinance up to date with as few impediments as possible. MOTION by Rotty, second by Dau to forward the proposed amendment to the City Council with a recommendation that it be approved but without paragraph G. APIF, MOTION CARRIED. 5. Chairman Hanson suggested that the Commission next consider the appeal of James Reisinger to transfer his conditional use for an equipment maintenance and storage building in the C-l Conservation District on the east side of Akin Road to a produce hauler who brings fruit and vegetables on a regular basis from California. Planner Tooker said that the Zoning Ordinance has undergone major. changes since the original conditional use was issued in 1976. Today, a complete site plan includes the names of all plant materials and parking lots must be paved. The existing conditional use named some general stipulations but the site plan is no longer on file. It was the consensus of those present that no new hearing should be called, but that the new owner should be made aware of ordinance requirements for granting conditional uses. MOTION by Rotty, second by Schlawin to approve a transfer of the Reisinger Conditional Use to. the trucking company with the provision that Mr. Reisinger supply the staff with a site plan of the existing development and the name and address of the buyer so that staff can mail a copy of Section 10-8-4(C) of the Zoning Ordinance. APIF, MOTION CARRIED. Member Rotty was excused at 7:40 P.M. I 6. Planner Tooker introduced the discussion of a Comprehensive Plan Review recommended by the City Council. He explained a staff study that is part of this process dealing with a proposed open space system. Jim Bell, Director of Parks and Recreation, indicated that this planning effort is timely since it will 184 give the City an opportunity to look closely at an open space system before I the land has been carved up by developers. Tom Kaldunski pointed out the Storm Water Management Plan and Water Distribution Plan recently completed by the Engineering Consultant and said that a similar effort is needed regarding the overall transportation system. He outlined his current thinking regarding future Municipal State Aid Routes within the City and asked for input from the Planning Commission. Larry Thompson focused upon the urban service area in his remarks and pointed out the need for an update of population forecasts for the City. So far the Metropolitan Council and Metropolitan Sewer Board have looked upon growth in the southern part of the Twin Cities with some alarm since there are not any treatment facilities large enough to handle the growth taking place. A planning effort at this time could be used to assure Farmington's place in future capacity of the Empire Treatment plant. Chairman Hanson thanked the staff for their participation in the planning effort and his wish to expand the Commission meeting schedule to promote further discussion of the plan as it becomes available. 7. The Chairman asked if the Commission wished to discuss the proposed sign ordinance amendments at this time. Planner Tooker indicated that if discussion were postponed, a second meeting in April could be established for that purpose. It was generally agreed that a special meeting should be scheduled for April 25, 1989 at 7:00 P.M. to discuss the proposed amendment to the Sign Ordinance. 8. There being no further business, the Commission agreed to adjourn at 8:35 P.M. Submitted by, I (]~~ Charles Tooker Planner Approved s/q -<tq I I I I 185 MINUTES PLANNING COMMISSION REGULAR MAY 9, 1989 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Dau, Hanson, Schlawin, Strelow. Members Absent: Rotty. Also Present: Planner Tooker. 2. The Chairman asked for comments on the minutes of the meeting held on April 11, 1989. MOTION by Schlawin, second by Dau to approve the minutes of the April 11, 1989 meeting as produced. APIF, MOTION CARRIED. 3. The Chairman opened the public hearing advertised for 7:00 P.M. which was requested by Patricia Nash and Dennis Reger of 5815 Upper 182nd Street for a variance to build a garage four feet in front of the existing house at this address. Planner Tooker said that this issue had been raised before in another application and while the staff supported an ordinance change allowing for variable setbacks, the Planning Commission was not interested in supporting a change in the ordinance. Mr. Reger was recognized and he indicated that while it will be more expensive for him to build the garage in line with his house, the real reason for seeking a variance was aesthetics. He believes that an off set garage will be considerably more attractive than if it were to be built in one line. Member Schlawin agreed indicating that the house next door to the applicant provides reason enough not to keep the ordinance as it is currently written. The Chairman said that a variance could be granted on the basis that the ordinance will be reviewed and a recommendation for a change will be forwarded to the City Council. Or, the variance denied and possibly the applicant could receive a permit to proceed without a variance sometime after the ordinance has been amended. MOTION by Strelow, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Dau, second by Strelow to approve the requested variance to build a garage four feet in front of the existing dwelling based upon a consensus among the members present that the ordinance should be amended to allow this type of construction without a variance. APIF, MOTION CARRIED. 4. Planner Tooker presented the preliminary plat of Dakota County Estates Sixth Addition. He pointed out that the plat differs from the PUD only with respect to changing one quad lot to single family lots in the northwest corner. This agrees with the Fifth Addition which was a replat of part of the Fourth Addition to remove all of the quad lots that had been previously created. The plat contains 51 lots which are either 6,000 square feet in size or slightly larger. All lots are situated within the MUSA boundaries of the City and situated on approximately 2,000 lineal feet of new streets. Access to existing adjoining development is provided on three stub streets. The plat also includes a cuI de sac. Planner Tooker reviewed the tree planting plan and made suggestions which would cluster the four species introduced rather than to accept the alternating pattern proposed by the developer. The trees recommended include Summit Ash, Hackberry, Redmond Linden and Cleveland Norway Maple. Comments from the City Engineer focused on the proposed grading and drainage plan. The development history of Dakota County Estates has allowed filling in conjunction with home building. This led to backyard drainage problems during construction. Therefore, the Engineer recommends that all rough grading shall be completed prior to the installation of utilities and streets. 186 Members of the Commission were supportive of the Engineer's attempt to avoid I future drainage problems. MOTION by Schlawin, second by Strelow to recommend approval of the preliminary plat of Dakota County Estates Sixth Addition subject to a revision of the tree planting plan and the comments of the City Engineer listed in his memo of May 5, 1989, with particular emphasis on the need to complete the rough grading prior to the installation of utilities and streets. APIF, MOTION CARRIED. 5. Planner Tooker then reviewed the proposed amendment to Section 4-3-3 of the City Code regarding signs. He asked specifically for comments on sign size in home occupations in the Zoning Ordinance which currently is in direct conflict with the Sign Ordinance. It was agreed that the Zoning Ordinance should be amended to agree with the Sign Ordinance. Chairman Hanson raised a question about the possible reduction in the required distance between billboards. Tooker indicated that this was a mistake and probably should remain as it is currently. Following a general discussion of several issues the Commission asked the staff to produce some revisions and bring the entire package back to the June meeting for further consideration. 6. The Commission agreed to adjourn at 8:40 P.M. Submitted by, OliLtrL Charles Tooker Planner Approved &- \ '0-~~ I I I I I 187 MINUTES PLANNING COMMISSION REGULAR JUNE 13, 1989 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Hanson, Schlawin, Strelow. Members Absent: Dau, Rotty. Also Present: Planner Tooker. 2. The Chairman asked for comments on the minutes of May 9, 1989. Strelow, second by Schlawin to approve the minutes as distributed. CARRIED . MOTION by APIF, MOTION 3. Chairman Hanson opened the Public Hearing advertised for 7:00 P.M. to discuss the Conditional Use request from White Funeral Home to build a 30 x 38 addition to its property on the east side of Third Street. The property is zoned R-Z, Medium Density Residential, which lists funeral homes among possible conditonal uses. Planner Tooker pointed out that the ordinance is vague regarding site plans for conditional uses in constrast with business and high density housing uses in, or adjoining, residential neighborhoods. Mr. White indicated that there will be an entrance through the addition and the rear yard will be landscaped. There is a hedge along the rear property line now and this could be allowed to grow taller if the neighbors wish. MOTION by Hanson, second by Strelow to close the public hearing. APIF, MOTION CARRIED. MOTION by Schlawin, second by Strelow to approve the conditonal use as requested based upon the assurance of Jim White that the rear yard will be landscaped. APIF, MOTION CARRIED. 4. Chairman Hanson opened the hearing advertised for 7:10 P.M. requested by the City General Services Department for a conditional use permit to build a 40' x 60' storage building at the site of the existing maintenance shop on the west side of First Street, south of Locust Street. Tooker said that accessory structures are limited to 1,000 square feet in residential districts unless a variance were to be granted. The City is therefore in the position of acting on a variance for itself that it likely would not grant to a resident in the same neighborhood. Engineer Kaldunski said that he was unaware that a variance would be required for this site. Several sites have been considered as the need for immediate storage of equipment is acute. Chairman Hanson indicated that he did not wish to participate in the discussion or vote on the issue since his building on First Street has been offered for sale to the City. Members Strelow and Schlawin were opposed to the structure based upon negative reaction to such a facility in their own neighborhood. MOTION by Strelow, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. Chairman Hanson said that since both members present were opposed, he would vote with them only to give the City Engineer a definite answer this evening. Otherwise he would prefer to abstain. MOTION by Schlawin, second by Strelow to deny the Conditional Use request from the General Services Department to build a 40 x 60 storage shed at the City shop site on First Street. APIF, MOTION CARRIED. 5. Chairman Hanson opened the public hearing advertised for 7:20 P.M. requested by Timothy and Cynthia Boles, who live at the corner of 182nd Street and County Road 31. They wish for a privacy fence eight feet high and 94 feet in length to provide privacy in their back yard. Tooker observed that only fences in the buildable area may be 8 feet high. While the traffic noise along County 31 is likely to be a hardship, it is not likely to be a hardship that is unique to this 188 property he said. Chairman Hanson indicated that pedestrian traffic between the I mobile home courts and the convenience store in Dakota County Estates is unique since it is not likely to be reproduced elsewhere in the community. MOTION by Hanson, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Hanson, second by Strelow to approve a variance to build 94 feet of an 8 foot high fence along the property line adjoining County Road 31 because of the excessive pedestrian traffic which is close to the property because of the new right turn lane into 182nd Street; and that the applicants' property is considerably lower than the center line of County Road 31. APIF, MOTION CARRIED. 6. Chairman Hanson opened the public hearing advertised for 7:30 P.M. requested by Iris Briesacher to allow an accessory apartment at 1000 8th Street. Tooker said that although the building was built as a two unit structure in 1966, the City was never officially aware that it was a two, rather than a one, unit building. He said further that because of the way it was designed, with a three bedroom unit and a one bedroom unit, it fits the relatively new section of the ordinance which provides for accessory apartments in the R-2 Medium Density District. The block does not have other two family units, so a density increase is not a problem for this request. MOTION by Strelow, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Strelow, second by Schlawin to approve the accessory apartment conditional use at 1000 8th Street since it meets all provisions of Section 10-6-3 of the City Code. APIF, MOTION CARRIED. 7. Chairman Hanson opened the second public hearing scheduled for 7:30 P.M. on a request from EMC Development to approve a conditional use for a 42 unit senior housing apartment building on Lots 10-13, Block 17, Original Town of Farmington and a variance to provide less than one off-street parking space per unit. Tooker observed that considerable attention has been focused upon the alley north of the site and how it should be terminated since the HRA did not want the alley to divide the site from the railroad tracks and the City staff did not want the alley to enter Elm Street between Hardee's drive out and the railroad tracks. A compromise was reached and the developer agreed that the alley could turn into the parking lot so that through traffic will be maintained, especially for maintenance vehicles. Tooker said that the developer has agreed to a public easement across the parking lot and the staff strongly recommends that the traveled surface should be paved to a standard that will be able to hold trash collection vehicles. Carol Slavik was introduced, representing the owner/management team, and answered a series of questions about the development from the Planning Commission. Planner Tooker said that the staff is reco~g approval of the conditional use based upon the schematic plan sent to the Commission, but that a detailed site plan will be required prior to any on-site construction. He also said that the City experience with senior housing shows that the apartments will likely function well without one parking space per unit. The schematic plan shows a deficit of 13 spaced and the staff recommends approval of the variance requested. MOTION by Schlawin, seocnd by Strelow to close the public hearing. APIF, MOTION CARRIED. MOTION by Schlawin, second by Strelow to approve the conditional use requested by EMC Development to build a 42 unit apartment complex on Lots 10-13, Block 17, Original Town of Farmington, and to grant a 13 parking space variance subject to the completion of a detailed site plan that is acceptable to the staff. APIF, MOTION CARRIED. I 8. Chairman Hanson next opened the public hearing scheduled for 7:50 P.M. requested by Jon Malinski for a variance to move an existing sign out of the right of way of County Road 31 and into a utility and drainage easement on Lot 1, Block 1 of Akin Park Estates. Tooker presented the information regarding the sign which was granted a variance earlier on the basis that such signs would be permitted as long as they were off both street rights of way and utility and adjoining drainage I I I I Minutes - Planning Commission - June 13, 1989 189 easements. Because the issue was thoroughly discussed at that meeting, it is difficult to show any hardship regarding its current placement. Chairman Hanson and Member Schlawin both questioned the City's interest in this sign, since it is located within a County right of way. Tooker responded that the sign is up because the City granted it a permit. Otherwise, it would not be there. Following a general discussion between the applicant and the Commission, it was the consensus of the members present that the sign should be moved only if the County requires Mr. Malinski to do so. MOTION by Hanson, second by Strelow to close the public hearing. APIF, MOTION CARRIED. MOTION by Hanson, second by Schlawin to deny the requested variance to move the sign off the right of way and onto the adjoining utility and drainage easement. APIF, MOTION CARRIED. 9. Chairman Hanson then turned again to EMC Development and representative Carol Slavik to discuss the proposal to rezone Lots 1-6 and 7-10, Block 18 of the Original Town of Farmington from B-3 Heavy Business to R-3 High Density Residential. Tooker explained that the rezoning also will require amendments to the Downtown Plan recently approved by the HRA, as well as an amendment or change in the City Comprehensive Plan which is currently being revised. He said that the City, by one means or another, has been trying to attract investment downtown, but has largely failed. This on the other hand represents an attempt to attract people to the edge of downtown who will live here and spend money here. With enough of this kind of investment, commercial developers are likely to look at the downtown more favorably. The Chairman wondered if the development would be better served if the driveway did not access directly onto Elm Street. Tooker said that the schematic plan was acceptable for this review but that a detailed site plan will be required and that the developers will also prepare a one lot plat for this project. Regarding access to Elm Street, it is probably better to take traffic directly to an arterial street than to force it onto neighborhood streets. Members Schlawin and Strelow were both concerned about "spot zoning" for this project. Tooker indicated that another housing proposal in the same area has been given favorable consideration by the HRA and that the history of the B-3 District shows that it is systematically being reduced in favor of both B-2 and residential zoning. MOTION by Hanson, second by Schlawin to recommend that the City Council approve the requested rezoning of Lots 1-6 and 7-10 of Block 18 from B-3 to R-3 on the condition that a site plan acceptable to staff is prepared. APIF, MOTION CARRIED. Ms. Slavik said that site plans for both projects will be available on June 27, 1989. 10. Planner Tooker reviewed the memo from Administrator Thompson regarding Dakota County Estates PUD. He said that the City Council is interested in knowing if the Commission has any thoughts about the current development or if other possibilities might be explored. In reviewing this request with Jack Benedict, it was clear that Mr. Benedict is comfortable with the PUD as currently revised. Following a discussion of the plan, it was the consensus of the members present that there is no need to change the development proposal at this time. 11. Following a brief discussion of the proposed amendments to-the sign ordinance, the Commission decided to hold off on any action until more members were present for discussion. 190 12. The proposed amendment to the Zoning Ordinance, however, has been discussed I several times previously and those present were in agreement that the changes will help to strengthen this ordinance. MOTION by Schlawin, second by Strelow to forward the proposed draft of the zoning ordinance amendment with a recommendation that it should be approved by the Council. APIF, MOTION CARRIED. 13. The members present were in agreement with staff recommendations on population projections and resulting land area requirements which will be forwarded to the Metropolitan Council staff for discussion. 14. Chairman Hanson discussed the possibility of members at some time being available for workshops provided by the Government Training Service with an objective of creating a more effective Planning Commission. The date of the next such meeting was too close at hand to be worked into the schedules of those present. However, both Schlawin and Strelow indicated an interest in participating in future sessions. 15. There being no further business, the Commission agreed to adjourn at 9:00 P.M. Submitted by, ~~ 1% Charles Tooker Planner Approved ~~9>~ <\ I I I I I 191 MINUTES PLANNING COMMISSION REGULAR JULY 11, 1989 1. Meeting was called to order at 7:10 P.M. by Chairman Hanson Members Present: Dau, Hanson, Schlawin Members Absent: Rotty, Strelow Also Present: Planner Tooker 2. The chairman said that he was unable to locate minutes of the meeting of June 13, 1989 and suggested that approval should be be deferred until the August meeting. Members present agreed that action on the Minutes would be deferred until August. 3. The Chairman then asked for comments on the petition referred by the City Council requesting the relocation of the Senior Housing Project being entertained by the HRA from the west side into Farmington Green. Planner Tooker said that since downtown commercial space is already severely limited, it would be a mistake to convert even half block to permanent residential use. Both members Dau and Schlawin agreed that the Farmington Green area is vital to downtown revitalization. MOTION by Dau, second by Schlawin to forward a recommendation to the City Council endorsing the HRA Plan to introduce Senior Housing west of the railroad and to invite commercial and service development into the area known as Farmington Green. APIF, MOTION CARRIED. 4. The Chairman opened the hearing advertised for 7:15 P.M. requested by Eagle Trucking to expand an existing Conditional Use granted to Elliot Halstead at 18061 Pilot Knob Road. Planner Tooker indicated that mobile vehicles are not addressed in the code as permitted uses. Therefore the office brought in by Eagle Express to the Halstead property represents both an expansion of the original Conditional Use and an unauthorized building neither of which have been approved in the past by the PLanning Commission. Terry Hoffman and Clarence Hoffman from Eagle Express said that no off the road business was done at the site. The building is set back significantly from the highway and hidden behind Ms. Halsteads house. They have tried other options but this arrangement of an outside office at this location is most satisfactory for the company. The Chairman said that the building is not authorized by the code and the Planning Commission has never expanded a Conditional Use once it has been issued. MOTION by Dau, second by Schlawin to close the public hearing. APIF, MOTION APPROVED. MOTION by Schla~, second by Dau to deny the expansion of a Conditional Use to accommodate an office on wheels at 18061 Pilot Knob Knob Road. APIF, MOTION CARRIED. 5. The members present believed that the proposed amendment to the sign ordinance is important enough to warrant discussion by all of the Commission. The sign ordinance discussion was therefore deferred until the August meeting. 6. There being no further business, the Commission agreed to adjourn at 8:00 P.M. Submitted by, ~~ Charles Tooker ~ Planner Approved g- 3 - <61 I I I 193 MINUTES PLANNING COMMISSION REGULAR AUGUST 8, 1989 1. Chairman Hanson called the meeting to order at 7:05 P.M. Members Present: Dau, Hanson, Schlawin. Members Absent: Rotty, Strelow. Also Present: Planner Tooker, Fire Chief Kuchera. 2. The Chairman asked for comments on the minutes of June 13, 1989 and July 11, 1989. There being none, Chairman Hanson offered the following: MOTION by Hanson, second by Schlawin to approve the minutes of June 13 and July II, 1989 as dis- tributed. APIF, MOTION CARRIED. 3. Chairman Hanson opened the public hearing advertised for 7:00 P.M. requested by Lynn Hoffman for a variance to build a garage 2 feet and 4 feet from the rear and side property lines at 420 Oak Street. Because Mr. Hoffman was not present, the Commission agreed to continue the hearing until later in the meeting. 4. Chairman Hanson opened the public hearing advertised for 7:10 P.M. requested by EMC Development for a conditional use to build a 42 unit apartment building on Lots 10-13, Block 17, City of Farmington. Derek Young, representing EMC Development, presented the plan describing site amenities that will be incorporated. Planner Tooker reviewed an overlay he prepared to highlight changes that should be made as a part of the approved site plan. The conditional use will require one variance for off street parking in the amount of 21 spaces. Although there is some concern about the limited amount of off street parking, the circular driveup appears to be more important in terms of convenience to residents and the overall appearance of this project. The Housing and Redevelopment Authority commented through its Director that the drive up was considered to be more important than an increase in off street parking spaces. Planner Tooker indicated that Spruce Place already has a lower parking space to apartment ratio than this apartment proposal. Tooker said, however, that there are other concerns and during the discussion the Developer agreed to make the changes requested. MOTION by Schlawin, second by Dau to close the public hearing. APIF, MOTION CARRIED. MOTION by Dau, second by Hanson to approve the proposed Conditional Use for a 42 unit apartment building with a 21 space off street parking variance as outlined on the site plan presented for Lots 10-13, Block 17, Town of Farmington, subject to: a. The addition of a paved trash service area enclosed by a six foot high fence constructed of the same materials used on the exterior of the apartment structure. b. Construction of a new sidewalk adjoining the site and replacement of the existing curb cut with curbing, if needed. c. The addition of concrete gutters for storm water flow where the driveways meet the paved surface of the street. d. The addition of a 15' turning radius at the intersection of the alley outlet and the street. e. Increasing the unpaved area around the 18" sugar maple in the parking lot to an approximate area of 12'x15'. 194 f. Changing the on-site pedestrian system at the east end of the building and adding ground cover on shrubbery in the area between the walk and the parking lot. g. Extending the vegetable garden walk all the way to the alley. h. Providing additional entrance plantings at both the east and west ends of the building. i. Providing groundcover or additional hardy rose bushes plus one more sugar maple between the City sidewalk and the parking lot. j. Protecting the 14" Maple Street tree on Oak Street and reusing the existing mock orange elsewhere on the site. k. Preparing for staff approval a building identification sign plan which will be located on the east side of the west entrance to the parking lot. APIF, MOTION CARRIED. I 5. Chairman Hanson opened the public hearing advertised for 7:20 P.M. requested by EMC Development for a PUD Conditional Use with three variances on Lots 1-10, Block 18, Town of Farmington for a 24 unit townhouse cluster. Derek Young for EMC Development presented the revised site layout indicating that several on-site trees will be maintained and that the central court will be larger than originally planned because each building unit had been reduced in size slightly. Planner Tooker said that one variance being requested was proposed by the City staff. The proposed housing cluster is smaller than a normal PUD, but appears to be a better approach that if each building were planned for an individual lot with its own I parking and driveway access. Less property is likely to be paved and the clustering will contribute to a mini-neighborhood environment for residents. The second variance is for a 3 foot setback variance from public streets. The buildings at their peak will be 23 feet high rather than 20 feet. The setbacks for a PUD have been established to coincide with the building height primarily to avoid shadows being cast across adjoining property. Because the peak of the building will be at 23 feet, there is little chance that shade on adjacent property will be a problem. The third variance has to do with building coverage. In a PUD, building coverage is limited to 20% of the site area. This proposal includes a 25.7% building coverage. The density requirements in an R-3 District would allow more units, but there would be less control over the type of buildings and the quality of on-site amenities. The PUD again appears to be a better alternative and for that reason such a variance is justified. The Planner discussed some suggestions that are recommended to be included in the plan. The developer agreed that they represented an improvement to the original design. MOTION by Dau, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Schlawin, second by Dau to approve the Conditional Use for twenty-four townhouse units on Block 18, with three variances, including: a. a PUD of less than 5 acres; b. building setbacks of 20 feet rather than the 23 feet; and c. building coverage at 25.7% rather than 20%; and to recommend to the City Council that they approve the PUD subject to the following: a. the addition of two extra walks to Rose Lane from the asphalt walk proposed through the central courtyard; b. the addition of a walk between Rose Court and the City walk along Elm Street; I I I I 195 c. the addition of a walk along First Street as a part of the First Street improvement project previously authorized; d. the addition of two visitor parking spaces on the east side of Building 3; e. saving one existing Chinese Elm Tree south of Building 5 and five common lilacs under Building 2, which are recommended to be moved to the east side of Building 5; f. the reduction of the two dead end access roads in front of Buildings 1 and 5 by five feet to eliminate any temptation to use these areas for parking; g. the addition of 5 honey locust trees to the plan as replacements for the existing Chinese Elm trees when they die; h. the addition of shrub plantings between Rose Court and the City sidewalk along Elm Street, possibly columnar buckthorn, and northwest of the inter- section of Rose Court and Rose Lane plus the area between Building 3 and the recommended parking spaces for four automobiles. i. preparing for staff approval a village identification sign plan which will be located in the planting area northwest of the intersection of Rose Court and Rose Lane. APIF, MOTION CARRIED. 6. Planner Tooker then presented the Preliminary Plat for the Replat of Lots 1-10, Block 18, Town of Farmington. He described comments from the Soil and Water Con- servation District Service regarding erosion and sediment control and that a portion of the northwest corner of the site is subject to flooding. Tooker reviewed the process of working with the DNR to incorporate the flood hazard analysis into the City Zoning Ordinance. It was the recommendation of the DNR that the flood plain districts should exclude blocks that were built upon, as, for example, the Civic Arena. This was done and the Zoning Map was approved by the DNR. Therefore, the site is not technically within the flood plain, but as a matter of common sense, the first floor living area of buildings should be placed two feet above the regulatory flood protection elevation. The developer proposes that the lowest building (Building 3) will be 2.8 feet above this level. Tooker then described the seven concerns of City Engineer Kaldunski which were relatively minor. Fire Chief Kuchera was then recognized to point out his reservations about the development. He requested an additional hydrant to serve the northeast corner of the site and a loop of the water line to avoid the current dead end at the north edge of the site. The discussion focused on the size of pipe in First Street which was described as a four inch main which possible was not capable of supplying adequate pressure during a fire. Mr. Kuchera said that in discussions with an employee of the General Services Department, the current dead end line causes problems with water quality. Planner Tooker said that if the water line along First Street is four inches, it likely could be upgraded during the current street improvement project, but that an extension eastward along Main Street would be very costly and not justified as an expense for this project. However, the HRA has a developer interested in the land area northeast of this site and the whole matter of looping could be handled when that area is built upon. As for hydrants, there are no blocks in the older area of Farmington that have hydrant coverage more liberal than currently exists for this site. MOTION by Hanson, second by Dau to forward a recommendation for approval of the Replat of Lots 1-10, Block 18, Town of Farmington to the City Council subject to the following: a. the addition of two manholes where townhouse sanitary sewers meet the City system; 196 b. the placement of gate valves on the property line; c. the addition of curb boxes for water service to each unit; d. sewer lines less than 6 feet must be insulated; e. all water lines must be 7 feet below the surface; f. storm water must be carried in a concrete gutter at driveway entrances to public streets; g. plans and specifications shall be required, including a grading plan and an erosion control plan prior to filing the final plat; and h. when First Street is improved, the plans should call for a sidewalk along the west side of this plat and a water main of 6" to assure adequate pressure to existing hydrants. In addition, the Commission is not concerned about the low area noted in the north- west corner of the plat and forwards the request of the Fire Chief for an additional hydrant and a looped water line without recommendation. APIF, MOTION CARRIED. I 7. The Commission again agreed that three members is not enough to discuss the proposed revisions to the sign ordinance. 8. The letter dated July 26, 1989 and land use policy forwarded to the Metropolitan Council staff was discussed and accepted as the current Planning Commission response to the most recent Metropolitan Systems Statement for Farmington. 9. The public hearing for the Lynn Hoffman variance was again opened for general I discussion. It was the consensus of those present that the request did not meet the criteria for variances listed in the zoning ordinance. MOTION by Dau, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Dau, second by Schlawin to deny the request for side and rear yard variances since the applicant does have other alternatives and that the criteria listed in Section 10-8-6 of the City Code have not been met. APIF, MOTION CARRIED. 10. The Commission agreed to adjourn at 8:55 P.M. Submitted by, {l{~rtivL Charles Tooker Planner Approved U\ - r:1- CO'f I I I I 197 MINUTES PLANNING COMMISSION REGULAR SEPTEMBER 12, 1989 1. Chairman Hanson opened the meeting at 7:25 P.M. Members Present: Hanson, Schlawin, Strelow. Members Absent: Dau, Rotty. Also Present: Planner Tooker. 2. The Chairman asked for comments on the minutes of the meeting of August 8, 1989. MOTION by Schlawin, second by Strelow to approve the minutes of August 8, 1989 as mailed. APIF, MOTION CARRIED. 3. Chairman Hanson recognized Lynn Hoffman, who was unhappy about not being properly notified about the hearing date. Staff suggested that in the future, all applicants will receive a copy of the hearing notice which is mailed to the newspaper. There was general agreement that this was a good idea. Mr. Hoffman then asked if his garage yard variance might be reconsidered since any other location will require him to remove a tree. Members Schlawin and Strelow agreed that the original action by the Commission was appropriate and that there are no grounds to replace the proposed garage structure closer than six feet from the rear and side property lines. 4. Chairman Hanson then opened the public hearing advertised for 7:10 P.M. regarding the off-premise advertising sign requested by Farmington Floral. Richard Gerten, owner of the business being advertised, asked about the inspection being made as he said that the State also regulates highway signs and charges a fee. It was explained that the inspection is a drive by, but the off-premise signs require an annual hearing which involves staff time for review. Tooker said that next year the applicant will require a sign off from the property owner at the time of the hearing. There were no questions from the Commission. MOTION by Strelow, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Schlawin, second by Strelow to approve the off-premise sign conditional use request another year for Farmington Floral. APIF, MOTION CARRIED. 5. The next public hearing opened by the Chairman was again for Farmington Floral in response to a request for a variance to build an 8 foot fence along the east property line. The hearing had been advertised for 7:20 P.M. and involves a non-conforming business in the R-2 Medium Density District. Mr. Gerten indicated that the affected neighbor would prefer an eight foot fence over the six foot fence to better screen the business activity from his home. MOTION by Strelow, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Strelow, second by Hanson to approve a 2 foot variance behind the front yard setback line and a 4 foot variance in front of the front yard setback line based upon the need to protect an adjoining residential use from a non-conforming business and its front yard parking lot. APIF, MOTION CARRIED. 6. Chairman Hanson opened the public hearing advertised for 7:30 P.M. requested by Allen Brosseth to recognize an existing accessory apartment at 316 Main Street. Planner Tooker said that the apartment had been in place for at least 35 years and meets all the criteria for accessory apartment with respect to the density of the block. The property offers garage space for two automobiles, as well as off-street parking for at least two additional vehicles. There were no comments from the audience. MOTION by Strelow, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Hanson, second by Schlawin to approve 198 the conditional use for an accessory apartment at 316 Main Street because it I has been in existence for a long time and it does not exceed the density limitations outlined in the Zoning Ordinance. APIF, MOTION CARRIED. 7. Chairman Hanson opened the public hearing advertised for 7:40 P.M. requested by Gordon and Sherry Wichterman, 18265 Exley Avenue, to build a second garage attached to the existing residence within one foot of the property line. Chairman Hanson asked if the Wichtermans had explored the possibility of purchasing additional land from the adjoining property owner in order to build the addition and to maintain required setbacks. Mr. Wichterman said that financially this would not work. Those present agreed that having a one car garage certainly is an inconvenience, but it is definitely not a hardship that would justify granting a variance. Mr. Wichterman said that he thought staff had mislead him by implying that he could request a hearing, knowing full well that the Commission rarely grants such requests. Chairman Hanson said that in the past, all such requests went to the Planning Commission directly and that the Commission set hearings. However, this meant a delay in the process which was a hardship for some applicants. Therefore, the Commission decided to allow staff to set hearings. This has provided some speed up in the process, but perhaps additional information needs to be given to the applicant. The Chairman suggested that each applicant be given a copy of the tests for a variance and the information that he or she may go directly to the Commission without an advertised hearing if they want assurances that the request will be granted before investing money for a hearing. It was also suggested that the Wichtermans receive a copy of the tests for a variance. MOTION by Strelow, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Schlawin, second by Strelow to deny the request for a variance I to build a garage within one foot of the property line since it fails to meet the criteria listed in Section 10-8-6 of the City Code. APIF, MOTION CARRIED. 8. Planner Tooker brought up a request by Gil Gilbertson to fence a dumpster within a front yard within the PUD known as Gil's Addition to the plat of Westview Acres. The question has to do with the definition of a structure. Is a fenced dumpster a small fenced area or is it a structure? The sentiment of those present indicated that this is a single fenced area within an approved PUD and could be added to the PUD plan as a minor amendment. MOTION by Hanson, second by Schlawin to approve the request for a dumpster location off the public right of way but in a front yard for the townhouse at 220th Street West and Denmark Avenue, provided that it is enclosed by a lattice fence no more than 4 feet high. The approval is granted as a minor amendment to the PUD. APIF, MOTION CARRIED. 9. Planner Tooker outlined the proposal by Jack Benedict to reactivate the plat for Silver Springs in Section 13. The discussion focused on the need to provide access to Section 14 when that land develops. If the County Plat Commission holds to its objective of only one access road per quarter mile dis- tance, a problem could be created for the property on the west side of County 31. The Commission agreed that access to the west is important and that the former driveway and farm lane to the Nelsen property is the best location. They suggested that the County Plat Commission should be asked for a variance to their objective of one access per 1/4 mile segment of arterial streets in this section of road based upon the topographic limitations west of County 31 at I the south end of Section 13. If the Commission fails to agree to two access I I I 199 points on the east side of County 31, the one access should line up with the Nelsen Farm driveway. 10. The Commission agreed to again postpone discussion of the Sign Ordinance and adjourned at 9:05 P.M. Submitted by, ~rf:lL- ~ Charles Tooker Planner Approved If) ~ ;;t/-- gq I I I 201 MINUTES PLANNING COMMISSION SPECIAL SEPTEMBER 26, 1989 1. The meeting was called to order at 7:00 P.M. Members Present: Dau, Hanson, Rotty, Strelow, Schlawin. Members Absent: None. Also Present: Planner Tooker. 2. Chairman Hanson immediately opened the public hearing requested by Thomas Quam for a Conditional Use to create two upper level apartments at the corner of Third and Oak Streets. Questions raised by Commission members ranged from stairway access to windows in bedrooms. It was agreed that the Building Inspector will require that the units meet code since he has already required Mr. Quam to involve an architect in planning. Chairman Hanson was concerned about children living in downtown units which have no outdoor play area. Mr. Quam said that he would prefer to rent to adults only, but the Dakota County HRA would not allow him to discriminate against adults with children. Members agreed that the Chairman raised a good point, but that any such limitation on use likely would be unenforceable. Member Schlawin asked about parking. Mr. Quam said that he would recommend that tenants use the City parking lot adjoining City Hall. MOTION by Rotty, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Dau to approve the Conditional Use for two apartments on the upper level of the existing building at the northeast corner of the intersection of Third and Oak Streets subject to a similar approval by the Farmington HRA which has control of building design within the downtown district. APIF, MOTION CARRIED. 3. Chairman Hanson opened the Public Hearing for a height variance requested by Marigold Foods, Inc. to install a milk silo to replace an existing chill water tank at its plant on Fourth Street. The silo will be 56 feet high and join others which are taller. Member Rotty indicated his displeasure with the timing of the request since it is the second time that Marigold Foods, Inc. has come to the Commission with a variance request for an improvement that was either in place or in the process of being constructed at the time of the hearing. He asked that staff forward a letter to the plant manager suggesting that in the future all changes in the plant design and building coverage should be reviewed with City staff prior to scheduling the improvements. There was general agreement with this request. MOTION by Rotty, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Schlawin, second by Hanson to approve the requested 11 foot height variance to install a new milk silo in line with others existing on site since it will be no taller and no closer to 4th Street than the existing silos. APIF, MOTION CARRIED. 4. Planner Tooker said that an agenda add on concerns the Conditional Use granted to Willy's Minneapolis at 301 Pine Street in September of 1988. The site plan presented appears not to have been followed regarding the paving that was recently installed and neither the eight foot fence behind the building nor the landscaping in front have been started. The letter of credit provided will expire on September 27, 1989 unless an extension is agreed upon. However, the letter of credit assumed the work to be complete and if it is not, the certificate of deposit can be cashed by the City. Tooker said that some consideration for an extension had been suggested by Mr. Larson with the Commission, but the minutes of November 22, 1988 indicate that discussion of an extension did not make sense at that time. 202 MOTION by Hanson, second by Rotty to direct staff to proceed to draw on the letter of credit since the original conditions outlined for Conditional Use permit have not been fulfilled. APIF, MOTION CARRIED. I 5. Tooker then reviewed the Thoroughfare Plan for members who had not been available at the regular meeting in September. No action was taken.. 6. The Commission discussed the sign ordinance reV1S10ns but were reluctant to deal with specific wording. There was a general feeling, however, that the existing ordinance is not being enforced, particularly in the residential districts. A staff effort to identify and research all existing residential signs was suggested. The Commission then mutually agreed to explore the specific wording of the proposed amendment at the next meeting. 7. Planner Tooker said that there is nothing on the agenda for the regular meeting which normally would be held on October 10th, but a large investment at Sanford Hospital needs to be discussed before the November meeting. Those present agreed that the regular October meeting shall be shifted to the evening of October 24, 1989 at 7:00 P.M. 8. There being no further business, the meeting was adjourned at 8:15 P.M. Submitted by, I ~1JL Charles Tooker ~ Planner Approved \i) / 'JA ,~q I I I I 203 MINUTES PLANNING COMMISSION REGULAR OCTOBER 24, 1989 1. The Chairman called the meeting to order at 7:00 P.M. Members Present: Hanson, Rotty, Schlawin. Members Absent: Dau, Strelow. Also Present: Planner Tooker. 2. Chairman Hanson asked for discussion of the minutes from September 12 and 26, 1989. MOTION by Schlawin, second by Hanson to approve the minutes as distri- bu t ed. APIF, MOTION CARRIED. 3. The Chairman recognized Laurel Trechsel of 408 5th Street who asked for an informal discussion of a potential variance request to build a carport within 4 feet of the rear property line. Commission members present discussed the possibility of a smaller carport and/or a different location on the lot. They agreed that it would be difficult to justify a variance for this lot after having denied one immediately adjoining only last month. Ms. Trechsel said she would redesign the structure so that a variance would not be necessary. 4. Chairman Hanson opened the public hearing for a Conditional Use to expand Sanford Hospital by adding a covered ambulance entrance to the west side of the building which was advertised to be held at 7:10 P.M. Robert Johnson, repre- senting hospital administration, was present to explain changes, most of which involved internal alterations to the existing structure. He said that there will be no change made on site until other potential buildings are added. Commission members noted the potential for a drive through ambulance structure. Mr. Johnson indicated that a loop driveway is likely to be installed when additional construction is planned. Planner Tooker said that any site work which occurs as a result of this expansion needs to be approved by the Commission. Member Schlawin asked about landscaping. Planner Tooker said that all major construction requires an approved landscape plan and the hospital is being asked to provide one. Mr. Johnson indicated that this is not a problem. MOTION by Rotty, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Schlawin to approve the requested Conditional Use subject to the development of a site plan which must be approved by staff and its installation by October 24, 1990. APIF, MOTION CARRIED. 5. Chairman Hanson opened the public hearing advertised for 7:20 P.M. requested by Gary and Sherrill Backes to sell farm produce from their residence at 302 4th Street. Planner Tooker explained that the house on this property is a non-con- forming use, but it does qualify it to be a residence in which a home occupation may be conducted. The only difficulty is that signs for home occupations are limited in size to two square feet in area. Mr. Backes said that they now have a larger sign and would like to continue using it but would conform to the smaller size if required by the Commission. Another question related to the timing of this home occupation. Mr. Backes said they begin selling in June and are through at the end of October. Other discussion involved the traffic congestion on Elm Street, but members did not believe that this was related only to the vegetable stand. MOTION by Schlawin, second by kotty to close the public hearing. APIF, MOTION CARRIED. MOTION by Schlawin, second by Rotty to approve the Conditional Use for a home occupation which would be limited to the six month growing season, pro- viding the sign is limited to two square feet in area. APIF, MOTION CARRIED. 204 6. Chairman Hanson recognized Walt Hoffman from Eagle Trucking who wished to I explore the possibility of expanding the existing Conditional Use at Halsteads on Pilot Knob Road. On July 11, 1989 the Commission voted to deny a similar request at the same site. Member Schlawin asked if Mr. Hoffman had done any- thing about the original denial by the Commission until staff notified him that legal action would be carried out. Mr. Hoffman said that he did not know what to do since the option of using the truck garage for an office could not be accomplished because of poor ventilation in the building. Member Rotty asked about ventilation, since that would be a requirement for such a use. Mr. Hoffman said that the building is ventilated, but not well enough for people to do office work. Member Schlawin said that he could not agree to expand the Conditional Use " and other members present agreed. The November 14, 1989 removal date ordered by staff was left intact. 7. Chairman Hanson opened a public hearing advertised for 7:30 P.M. requested by Mark J. Weber to vary the front yard setback at 20375 Eaves Way in Pine Knoll Estates to allow construction of a garage 2 feet in front of the existing set back and a front entry 5 feet in front of the setback. Member Schlawin asked if the measurements on the site plan for this lot involved only the lot or did it also include part of the street right of way. Mr. Weber said that all of the measure- ments shown were included in his lot. Planner Tooker said that the request meets all criteria of section 10-4-1(G) for variable setbacks and that staff would recommend approval. MOTION by Rotty, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Schlawin to approve the requested setback variation at 20375 Eaves Way. APIF, MOTION CARRIED. 8. The Chairman recognized Mrs. John DeBates who wished to explore with the I Commission the possibility of recognizing a three unit apartment building at 520 3rd Street. Planner Tooker explained that the building sits on a small lot and, if applied for today could only justify 1.4 units. Two units are currently recognized by the City and at some point, the building was illegally converted to a triplex. The members present agreed that other applicants in the neighborhood wished to convert duplexes to multiple units but were denied because of density restrictions of the Zoning Ordinance. Mrs. DeBates indicated that the property across the street fronting on 3rd Street is a triplex. Member Rotty asked that staff request an inspection by the Building Official to determine the status of that building. It was the consensus of those present that a third unit would not be acceptable on this lot. Mrs. DeBates then asked if the unit could continue to be rented until the current lease runs out at the end of March. The Commission agreed to ask the City Attorney, but gave no indication that the current tenant should be forced out immediately. 9. The Chairman then recognized Mr. Larson from Willys Minneapolis to discuss the site plan which was the basis for approval of their Conditional Use in November of 1988. Planner Tooker explained that because of gas and electric lines along the south property line, some of the planting must be shifted northward to a maxi- mum of ten feet. In addition, the rear fence shall be changed from wood board on board to a chain link fence with white plastic inserts. Also, the parking area on the east side of the building will be reduced to accommodate the shrubbery indicated on the plan. The Larsons have agreed to complete all work with the noted changes by November 14, 1989 but would ask that the City hold off on ex- I penditure of the surety money until that time. Mr. Larson also asked if they could wait until Spring to sod the front yard. The Commission members present agreed that the changes identified would be acceptable and would be willing to wait until November 14, 1989 before asking the City Engineer to draft specifi~ cations for City installed improvements. I I I 205 10. Planner Tooker reviewed the discussion of access along County Road 31 in Sections 13 and 14 with the County Plat Commission. The Commission was not interested in the variance request as presented but would be willing to work with the City in an attempt to provide better access in this area. Tooker described an alternative suggested by other staff which would separate the two roads in question by approximately 400 additional feet. The Commission believed that this should be pursued with the County Plat Commission. 11. There being no further business, the Commission agreed to adjourn at 8:30 P.M. Submitted by, ~r{lHL- Charles Tooker ~ Planner Approved ) /_ / Lj ~ ~0 I I I 207 MINUTES PLANNING COMMISSION REGULAR NOVEMBER 14, 1989 1. The meeting was called to order by Dirk Rotty at 7:00 P.M. Members Present: Dau, Rotty, Schlawin, Strelow. Members Absent: Hanson. Also Present: Planner Tooker. 2. Member Rotty asked for comments on the minutes of October 24, 1989. MOTION by Schlawin, second by Rotty to approve the minutes of October 24, 1989 as dis- tributed. APIF, MOTION CARRIED. 3. Mr. Rotty asked for the staff to review the Willys Minneapolis Conditional Use permit. Planner Tooker presented a status report beginning with the original approval in November, 1988, followed by an attachment of the letter of credit by the City for non-compliance in September, 1989. In October, the Commission indicated that no work which could be charged against the letter of credit would be done by City staff until after November 14, 1989. Late in October, the Planner met with the owner of Willys Minneapolis and his landscape contractor. The owner was shown the areas where paving did not agree with the approved plan. He agreed to make necessary changes. Later, the Chairman of the Commission met with Mr. Larson and suggested that he bring the areas of disagreement back to the Commission for discussion. The first issue here is the role of the Commission members and that of staff. Generally, the Cqmmission sets policy, or at least recommends it to the City Council which then sets it, and the job of staff is to implement it. Involvement of the Commission members in implementation can only lead to confusion in the eyes of the public. The second issue is that a site plan prepared as part of the Conditional Use application is a contract with the City that must be followed until amended by the entire Commission. This land owner has paved large areas which either eliminated plantings or moved them off the property. This will be satisfactory until the neighbor wishes to do something different with his property. In addition, a rock landscape has been added which is not part of the plan. Mr. Larson said that his neighbor to the east has a drainage problem in his basement and was willing to have the paving extend into his yard. He is also willing to share in the cost of the landscaping. Mr. Larson also indicated that additional utility lines made the tree in the front yard impractical since it would force him to give up one parking space. He also said that they were not aware that existing paving not shown on the plan would have to be removed. The discussion which followed focused upon concerns of the Commission regarding the decision of Mr. Larson not to follow the plan. Because of utility lines, the tree for the front yard appeared to be an item that would damage the ability of Willys Minneapolis to do business. The Planner said that the tree could be moved to the planting pocket on the west side of the property and smaller trees and shrubs could be placed in the planter that will be affected by the utility lines. Member Schlawin asked if this change could be documented by the landscape contractor and returned for review by the Commission. Member Rotty suggested that because of the season, perhaps the change could be reviewed by the Planner and the Commission would not have to discuss this matter again. MOTION by Schlawin, second by Strelow that Willys Minneapolis shall remove all blacktop not shown on the plan and that the landscape contractor shall submit a revised landscape plan which moves the shade tree shown in the front yard to the planting pocket on the west property line. This plan shall be 208 Minutes - Planning Commission - 11-14-89 approved by the Planner before implementation. In addition, all other plantings I shall be installed as provided by the plan approved with the conditional use in November of 1988. All work shall be completed by November 22, 1989. APIF, MOTION CARRIED. 4. Planner Tooker reviewed the status of Eagle Trucking and its office on Pilot Knob Road. Mr. Tooker said that the door was locked and the blinds drawn when he went to investigate and Mr. Walt Hoffman indicated that the office furniture was in storage. Tooker then asked about the trailer itself and Mr. Hoffman said that is was an RV which he plans to store on his property just like all the other RV's that are stored when not in use. Planner Tooker asked if he were waiting to be ticketed and he said that he was. Member Dau asked about the position of the City regarding the legality of requiring that the former office building be moved. It was agreed that the City Attorney should be involved before further action is taken to eliminate the former office from this site. 5. Member Rotty then recognized Thomas Quam who was directed back to the Planning Commission by the HRA. Planner Tooker drew the members attention to a memo drafted by HRA Director Henricks which outlined concerns of the HRA regarding the proposed apartments at the corner of Third and Oak Streets. The items listed . had previously been discussed by the Commission and the project had been approved subject to similar HRA approval required in HRA Project Areas. Members present agreed that the 2 unit apartment proposal is a sound one and that it should pro- ceed. Mr. Quam directed his comments to the delay he has suffered because of the meetings required for the City and HRA discussions. MOTION by Schlawin, second by Dau to reaffirm the original motion adopted on September 26, 1989 to approve I the Conditional Use for two apartments on the upper level of the existing building at the northwest corner of the intersection of Third and Oak Streets subject to compliance with the drawings submitted with the application. APIF, MOTION CARRIED. 6. Planner Tooker reviewed the Comprehensive Plan amendments currently being proposed and discussed the need to request a time extension from the Metropolitan Council for additional amendments which have not yet materialized. The City Administrator was notified this week that changes in Council Policy Plans affecting Farmington and which will require plan amendments regarding waste water treatment and transportation are due in January. However, it has taken the Council staff a long time to respond to materials previously submitted. Farmington staff will need an extension of time to complete all work for the complete Comprehensive Plan update. In the meantime, both Jack Benedict and the HRA have proposed de- velopments that are not within the MUSA boundary. Both would like to proceed early next year and, therefore, an amendment is being proposed now to facilitate both projects. The easternmost 28 acres of the PUD approved within Dakota County Estates is out- side of the MUSA line. It needs to be included for the development to continue to provide moderate cost housing units within Farmington. The HRA has proposed an industrial park between Northern Natural Gas and Duo Plastics on Highway 50 which is partially within MUSA boundaries. Because of efficient street design and the need for our east/west collector through the industrial area, land outside of MUSA limits should be added in the amount of 64 acres. Member Schlawin asked me if one amendment was directly related to the other or could they proceed independently. Planner Tooker said that the one under discussion currently is likely to be necessary before the other has been completed. MOTION by Dau, second by Schlawin to forward a recommendation to the City Council that they I I I I 209 approve the Comprehensive Plan Amendment adding 28 acres of residential land and 64 acres of industrial land to the Urban Service Area. APIF, MOTION CARRIED. 7. Planner Tooker asked for a discussion of enforcement practice regarding the sign ordinance. There are a number of signs that have not been brought into compliance and the Chairman had mentioned several that appear not to have been noticed by staff. It was the consensus that with the exception of window signs that exceed the 25% coverage limits, all prior enforcement notices should be followed up. In addition, staff should investigate the five signs that have remained outside of the process. 8. The Commission then reviewed the request for a formal variance to the County Plat Commission regarding access to Sections 13 and 14. MOTION by Strelow, second by Dau that because of existing sewer lines, a proposed storm water manage- ment pond, steep slope areas and the potential for inadequate access into two developing neighborhoods, the City of Farmington hereby requests that the County Plat Commission grant a variance to the guidelines for road access along County 31 between 183rd Street and 190th Street in which two access roads rather than one may_be developed. APIF, MOTION CARRIED. 9. Planner Tooker informed the members that a day care center for adults and children has been proposed for the Farmington Mall, but that the ordinance does not provide for such a use in the B-1 District. The Commission was asked if a Zoning Amendment were prepared allowing this use under the Conditional Use column, would they look upon it favorably? It was the consensus that such an addition would be useful. 10. The Commission discussed the sign ordinance briefly and decided to ask staff to review the size limitations for business signs with an eye toward reducing them generally. It was agreed that a revised draft would be discussed during the December meeting as the first agenda item. 11. The memorandum on meeting attendance was discussed and Members agreed that the group needed to monitor itself with an eye toward full participation. 12. The meeting adjourned at 8:30 P.M. Submitted by, ~r()~ ~ //)-/;).-11 Charles Tooker Planner Approved I I I 1. The meeting w Members Present: Members Absent: Also Present: 2. Chairman Hans blem at his resid as a retirement p for a public hear a conditional use likely would prov that the sign he plate. Mr. Uhlir for a home occupa 3. Chairman Hans apartments on the on Oak Street. P through the curre to 20 units per a could be built at the units propose subsidized housin review the ordina for comments from 211 MINUTES PLANNING COMMISSION REGULAR DECEMBER 12, 1989 s called to order at 7:00 P.M. Dau, Hanson, Rotty, Schlawin. trelow nner Tooker. by Chairman Hanson. n asked William Uhlir about his understanding of the sign pro- nce on Highway 50. Mr. Uhlir indicated that he sharpened saws oject, but that the revenues generated did not justify paying ng. It was explained to him that all home occupations require public hearing. The Commission members said that such a hearing to be favorable regarding the home occupation but they said as is too large and likely would be limited to a l'x 2' name- said he would remove the existing sign and think bout asking the future. recognized LaDonna Riste who would like to add two efficiency second floor of the business building she owns with her husband anner Tooker indicated that the request could not be handled t ordinance since apartment densities in the downtown are limited reo On the other hand, housing for elderly and handicapped 60 units per acre. In essence, market rate housing, such as by Ms. Riste, could only include 1.7 units on this lot, whereas could include 5 units. The Chairman suggested that the staff ce with an eye toward eliminating this discrepancy and to ask the HRA. 4. Member Strelo arrived at 7:30 P.M. 5. Chairman Hans at his office on cated on a fronta a used car lot, i and the sign is a rather than 3x4 a sign. Members of encouraged him to moved to Dr. Falkowski, who has a sign problem (too large) 3. Dr. Falkowski suggested that since his office is 10- e road across from the shopping center and down the street from is more like a business district than a residential district valuable part of the service he provides. The sign is 4x6 d he would like to seek a variance in order to retain the existing the Commission indicated their support for such a variance and apply for the variance. 6. Planner Tooke said that Paster Enterprises has found a prospective tenant who would move to the Farmington Mallon Highway 3 if the Zoning Ordinance were to be amended. Current y day care is listed as a conditional use in the R-3 High Density district but not in the B-1 Limited Business District. Most large franchise day care facilities are found in business districts because of the traffic and most are situated in b ildings designed for that purpose. Farmington Mall is somewhat different in that it is an existing strip center. However, by listing Day Care in the conditional se column, the Planning Commission will be able to assure a proper relationship bet een the interior space and open play areas. Good land use rela- tionships would ot include a division of areas requiring clients to mix with other pedestrians in w lking from indoor to outdoor areas of the day care facility. 212 Planning Commission Minutes - 12-12-89 MOTION by Rotty, second by Dau to recommend that the City Council amend the I Zoning Ordinance by adding Day Care Center to the B-1 Limited Business District as a conditional use. APIF, MOTION CARRIED. 7. The Commission then discussed the proposed reV1S10n to the Sign Ordinance in Sections 4-3-2 and 4-3-3. It has been reviewed several times by the Commission and it recognizes the need of some business and industrial operations to have both wall and pylon signs. The ordinance will be restrictive regarding pylon signs particularly in the B-2 District since the size of sign relates to traffic speed. They have been taken from a similar set of standards established for Burnsville which includes higher speed limits adjoining the business. It was generally agreed that the standards drafted should be tried and revised again if it becomes apparent that they are too restrictive. MOTION by Dau, second by Strelow to forward the proposed revision to the sign ordinance to the City Council with the recommendation that it should be approved. APIF, MOTION CARRIED. 8. Planner Tooker introduced a letter from Thomas K. Larson regarding the com- pletion of work agreed to in the Conditional Use granted to Willys Minneapolis. He pointed out that the items identified in the letter were acceptable to staff but that in addition the ragged edge along the east driveway would have to be straightened. Staff is prepared to release the $18,500 surety less $2,000 which will be returned when all of the work has been completed. It was the consensus of the Commission that the direction taken by the staff was within their under- standing of the terms of this Conditional Use. 9. Chairman Hanson discussed the minutes of the meeting of November 14, 1989 and I suggested that the implementation of City Policy by the staff appeared to be at times uneven, and that recent enforcement of the sign ordinance was making a number of business establishments unhappy. He asked for further comments on the minutes of Novembef 14, 1989. MOTION by Dau, second by Schlawin to approve the minutes of November 14, 1989 as distributed. APIF, MOTION CARRIED. 10. There being no further business, it was agreed that the meeting shall be adjourned at 8:30 P.M. Submitted by, ~~ ~ Charles Tooker Planner Approved 1- q - ~t) I ~