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HomeMy WebLinkAbout1991 I I I 245 MINUTES PLANNING COMMISSION REGULAR. JANUARY 8, 1991 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Hanson, Rotty, Schlawin, Thelen. Members Absent: Strelow. Also Present: Planner Tooker. 2. The Chairman asked for comments on the minutes of December 11, 1990. MOTION by Rotty, second by Schlawin to approve the minutes of December 11th as prepared. APIF, MOTION CARRIED. 3. Chairman Hanson opened the public hearing advertised for 7:00 P.M. requested by Larry Jurgensen, 5520 Upper 183rd Street West to discuss a front yard setback variance for his frontage along Pilot Knob Road. Mr. Jurgensen said that he invested $700.00 in a concrete slab adjoining his garage in 1985 in anticipation of adding an aluminum frame carport with a fiberglass roof. The change in the front yard setback did not occur until 1987. If the aluminum frame had been installed prior to the change, there would be no need for a discussion of this variance request. Therefore, Mr. Jurgensen requested that the Planning Commission consider his investment and original intent when voting on the variance. Member Rotty asked Mr. Jurgensen if he had considered alternative sites on his property for extra storage of vehicles. Mr. Jurgensen in- dicated that other locations on his property would involve considerable more expense and repeat the original investment in the slab. Members Schlawin and Hanson both raised a concern about creating an open structure within the setback limits which at a later time could be converted to enclosed space. The City has previously experienced this particularly when property passes from one owner to another. Mr. Jurgensen said that a detached garage structure observing setback limits would be located in the middle of his backyard and require removal of existing trees. Planner Tooker responded that the ordinance has been interpreted previously in a way that setbacks may be less than those stated in the ordinance as long as the structure proposed would not be closer to the street right of way than those of existing buildings. Member Rotty said that while he sympathized with the desire for a carport adjoining the garage, there are alternative sites on the property for vehicle storage. MOTION by Rotty, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Thelen to deny the requested variance to build a carport within 20 feet of Pilot Knob Road so as not to further encroach on the right of way of this important north/south arterial street. APIF, MOTION CARRIED. 4. Mr. Greg Brinkhouse was recognized for the purpose of discussing his sign problem with the Commission. He reported that the business at Sanibel Island Restaurant is at the break even point after a year of operation and a substantial investment in a substandard operation. His major interest is in attracting business from Highway #3 and the signs on the building have been produced in stages to draw attention to the fact that the restaurant in front of the dormant shopping center is open. He did suggest that one of the signs was not important to him and if that were removed, would the Commission grant a grace period in which he could investigate a sign which will be attractive and large enough to incorporate all of his messages? Member Rotty suggested that if Mr. Brinkhaus removed the nonessential 4x8 sign, it would be possible for the Commission to review the signage on Sanibel Island Restaurant again in 12 months. The Commission agreed with this approach. Mr. Brinkhaus said that the 4x8 sign would be removed within the next week. 246 Planning Commission Minutes - 1/8/91 - Page 2 5. Planner Tooker reported that there are two "add on" agenda items and that I Robert and Patrick Donnelly were present to ask for a "reading" from the Commission on the attitude about the potential for rezoning some R-l Low Density land in Section 23 to A-2 Agricultural. The purpose of the change would be to permit the addition of a 160 acre farm which they recently purchased to the Agricultural Preserve. Planner Tooker stated that only land considered to be long term agricultural will be accepted by the County within the Agricultural Preserve Program. Planner Tooker said that the land, until recently owned by James and Ruth Jensen, adjoins the current MUSA limits of Farmington but is separated from Fa.ir Hills Subdivision by an 80 acre parcel which also is farmed. Chairman Hanson asked about the gravel operation on the site. The Donnellys said that as far as they are concerned the pit has been closed. Planner Tooker indicated that he will need a letter from them declaring this intention and he can than inform the Assessor's Office of the change along with the request for Agricultural Preserve status. Chairman Hanson asked about timing, since the appli- cations for Ag Preserve need to be processed possibly before the City Council can take action on rezoning. Planner Tooker said if the Commission agreed to make such a recommendation to the City Council, the application can be processed based upon the intention of the community to retain this land as long term agricultural. Should the City Council fail to approve the rezoning, the application would then be withdrawn. If it appears that Farmington will run short of developable land, a future City Council can change the zoning back to residential and the eight year removal process would start. It was the consensus of those present that the highest and best use of the east half of the NWi of Section 23 is Agricultural. The Donnellys were asked to submit an application for rezoning at their earliest convenience. 6. Planner Tooker reviewed a request from Budget Oil Company to expand the number I of pumps at the Budget Mart in Benedict Plaza and extend the canopy by 30 feet. He said that the major problem with this request is that building setback requirements would be further downgraded. Ordinance requirements call for a 50 foot setback and the existing canopy is at 40 feet. The extended canopy would reduce the setback to approximately 28 feet. Chairman Hanson cautioned that such an expansion should be classified as a major change of the PUD and a rezoning application would need to be submitted. The property owners in this neighborhood deserve the opportunity to react to such a change. There was general agreement among members present. Planner Tooker was advised to pass this response along to Budget Oil Company. 7. Chairman Hanson introduced the topic of the proposed Zoning Ordinance Amendment regarding the sale of motor vehicles on private property, but suggested that discussion be delayed for a month. The Commission agreed to give the proposal more consideration. 8. There being no further business, the Commission was adjourned at 8:20 P.M. Submitted by, CReulh /{J~ Charles Tooker ~ Planner Approved J\(J\C\\ I I I I 247 MINUTES PLANNING COMMISSION REGULAR. FEBRUARY 12, 1991 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Gramentz, Hanson, Rotty, Schlawin, Thelen. Members Absent: None. Also Present: Planner Tooker. 2. The Chairman asked for discussion of the minutes of January 8, 1991. MOTION by Rotty, second by Thelen to approve the minutes of January 8, 1991 as distributed. APIF, MOTION CARRIED. 3. Chairman Hanson opened the Public Hearing advertised for 7:00 P.M. to rezone the north half of vacated Locust Street and adjoining Lot 9, Block 5 from B-3 Heavy Business to R-3 High Density. Because the property to the north of this site is zoned R-3 and the draft Comprehensive Plan indicates a high density residential classification here, the staff recommended rezoning this property R-3 as outlined in the Agenda Report. Harvey Snyder, representative of the owner, was recognized. He said that the owner is interested in rebuilding a multiple dwelling on the site and therefore favors the zoning proposal. Member Rotty asked if the lot would be large enough for a structure, off street parking and some open space. Planner Tooker said that the building coverage limits in the ordinance already under dis- cussion by the Commission would be helpful to regulate development of the site. MOTION by Rotty, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Schlawin, second by Rotty to recommend that the City Council rezone the north half of vacated Locust Street and adjoining Lot 9, Block 5 from B-3 Heavy Business to R-3 High Density Residential. APIF, MOTION CARRIED. 4. Chairman Hanson opened the public hearing advertised for 7:20 P.M. regarding the rezoning of the E~ of the NW~ of Section 23 from R-l to A-2 requested by Patrick and Robert Donnelly. Planner Tooker outlined that the reason for the request was to enable the Donnelly brothers to put the entire farm into the Agricultural Preserve program. The land is outside the MUSA Limits and unlikely to be included for at least 20 years. The adjoining property owner to the east, Mr. Jim Nelsen, was in attendance but was not opposed to the change. MOTION by Schlawin, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Thelen, second by Schlawin to recommend to the City Council that the E~ of the NWk of Section 23, except for the General Flood Plain District, should be rezoned from R-1 Low Density Residential to A-2 Agricultural Preserve. APIF, MOTION CARRIED. Robert Donnelly asked if they should attend the Council meeting when this request is discussed. Member Schlawin responded that it probably would be a good idea if the Council decides to hold a public hearing. Planner Tooker indicated that he would notify the Donnelly's if a second public hearing is scheduled. 5. Chairman Hanson recognized Marie Miner of 312 7th Street who wished to discuss problems created for neighborhoods when accessory structures like garages are very tall and placed close to the property line. The specific case in point was an accessory apartment above a garage approved by Conditional Use Permit at the old Ham Clay House on Oak Street. The problem for the adjoining property owner is shortened periods of sunlight into their property which would not occur if a single story garage were built in the same location. Chairman Hanson said that because previous hearings were handled quickly, the Commission had discussed the problem informally earlier in the meeting. He indicated there was a consensus of the members 248 Planning Minutes - 2/12/91 - Page 2 present to instruct the staff to investigate additional procedures and regulations I that might prevent additional problems for adjoining property owners. Three specific items include: a. Investigate more restrictive height regulations for conditional use and variance applications. b. Look into the possibility of mailed notices for variance and conditional use applications. c. Investigate the possibility of adding a Solar Protection element to the zoning ordinance. Mrs. Miner thanked the Commission for its time. She recognized that her problem will only be of help in preventing similar problems in the future. 6. Chairman Hanson opened the public hearing advertised for 7:30 P.M. for a variance request by the VFW to place a sign above the front building line. Planner Tooker presented the request, indicating that the VFW representative had said that the Club planned to raise the front of the building in order that the sign would be higher than the building only temporarily. Member Schlawin said that in his opinion the new sign would likely cost less than adding to the building. Member Rotty said that he was uncomfortable about granting a variance without a plan that specifies what the building will look like if the front were to be raised. No one from the Club was present to discuss these questions. MOTION by Rotty, second by Thelen to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Schlawin, second by Rotty to approve the requested variance on a temporary basis subject to the VFW preparing a plan within three I months to be approved by staff identifying how the remounted sign will comply with . the City sign ordinance and a second three month period of time to implement the approved plan. If these requirements are not met, the remounted sign must be removed. APIF, MOTION CARRIED. 7. There being no further business, the meeting was adjourned at 8:00 P.M. Submitted by, O~/fJL Charles Tooker ~ Planner Approved b\Ac;. \ I I I I 249 MINUTES PLANNING COMMISSION REGULAR. MARCH 19, 1991 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Gramentz, Hanson, Rotty, Schlawin, Thelen. Members Absent: None. Also Present: Planner Tooker. 2. The Chairman asked for comments on the minutes of February 12, 1991. MOTION by Schlawin, second by Gramentz to approve the minutes of February 12, 1991 as distributed. APIF, MOTION CARRIED. 3. Chairman Hanson opened a public hearing scheduled for 7:00 P.M. Planner Tooker outlined the problem, which involved a deck built without a permit. When discovered by the Building Official, it was found that it had been built 6 inches into a required side yard. Chairman Hanson asked the applicant, Gerald Pribyl of 19367 Eureka Court, where the footings for the deck were placed. Mr. Pribyl said that the footings are setback two feet from the edge of the deck. The members were not overly concerned about the setback but impressed upon the applicant that a permit is very important. To ignore the permit is damaging to the request for variance. The Chairman indicated that the Commission has granted similar variances for open structures like decks, but never for an enclosed space. MOTION by Rotty, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Thelen to approve the requested variance because the deck is an open structure with footings well within the setback requirements. APIF, MOTION CARRIED. 4. Planner Tooker presented the schematic plan for the one lot plat being proposed to accommodate the proposed Farmington Middle School. The primary concern of staff is the east/west road along the north side of the plat. This road ia a major collector street which ultimately will reach Trunk Highway 3 at its intersection with County Road 66. A drawback of the schematic plan is that the road follows the north side of the plat without regard to maneuvering space needed to cross the railroad at reasonably close to a 900 angle and to connect with County Road 66. Planner Tooker outlined a staff proposal which will keep the road out of the marsh and introduce a gradual "s" curve north of the school property, but which will require some additional land to be included within the plat. There were several questions addressed to Superintendent Ruberto regarding the building design. He indicated that it is sized to be fed by three elementary schools and will have an ideal enrollment of approximately 900 students although, theoretically, it will serve 1100 students. Member Schlawin asked about the road right of way. He asked about consistency with other collector streets which are designed to be 100 feet in width rather than the 80 feet indicated. Tooker responded that he would check into it although the staff had been thinking that the 80 feet would work. Member Rotty said that he also was concerned about the 80 foot wide right of way and wondered if staff could consider it further. Mr. Rube~to said that the site already is tight and an additional 20 feet of right of way might begin to crowd the site. In general, the Commission was satisfied with the approach of the School Board and would be willing to meet in special session if scheduling became a problem. Planner Tooker said that he would prepare a tentative schedule of activity for the School District to use as a guide. 250 Planning Commission Minutes - 3/19/91 - Page 2 5. Charles Bacak presented a request for the Commission to consider regarding the I need for teen center in Farmington. He said that he and his wife would rent space in the Farmington Mall if the Commission believed that the proposal had any merit. Planner Tooker said that the ordinance needs to be amended to provide for such a use. He recommended recreational assembly places as conditional uses within the B-1 and B-2 Districts. The Commission responded to Mr. Bacak that the proposal likely would receive a favorable response but that an ordinance will need to be drafted and a proposed zoning change recommended to the City Council before the Commission could actually take action on a Conditional Use Request. The Chairman suggested that it may take until June before such a use could be established. Mr. Bacak indicated that they would like to time their opening close to the close of school for the summer. 6. Planner Tooker reviewed a citizen request for day care facilities within residential districts. He said the existing ordinance is in conflict with State Law. He has, therefore, drafted an amendment which will bring the zoning ordinance up to date. The Commission agreed with the proposal generally, but would like to see the draft in a final form before forwarding a recommendation to the City Council. 7. Chairman Hanson recognized Mr. Tom Lijewski and Mr. Rolfe Larson of Southern Twin Cities Area Radio, Inc. who described their intention to build a 500 foot radio tower within a search area that includes Lakeville, Farmington, Empire Township and a small portion of Rosemount. The Commission had many questions regarding the operation and in particular the relationship of this site to the airport search area. Mr. Lijewski said that the Farmington site, which has been narrowed to the F-3 General Flood Plain District immediately east of Dakota County Estates in Section 13, is I outside of the airport search area but that the Metropolitan Council would expect the City to draft a Comprehensive Plan Amendment to accommodate such a use if it appeared to be acceptable. Member Rotty indicated that he would not favor changing the current City Code, particularly if there was a major abjection from local resi- dents. Members Schlawin and Hanson both indicated that they would favor such a use in this area since it would likely do very little damage to this neighborhood. Member Gramentz said that the City already had a number of very tall transmission towers and they do not appear to bother local development. Chairman Hanson then said that he found no strong objections to this use among members of the Commission and that Mr. Lijewski might like to explore the possibility with the landowner. He did say, however, that an ordinance change would be required and recommended that it might come as a conditional use in the F-3 General Flood Plain District. 8. There being no additional business, the Commission agreed to adjourn at 8:55 P.M. Submitted h ~~ {JJ.-.- Charles Tooker ~ Planner Approved J-11~)I\\ I I I I I 251 MINUTES PLANNING COMMISSION REGULAR. APRIL 9, 1991 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Gramentz, Hanson, Rotty, Schlawin, Thelen. Members Absent: None. Also Present: Planner Tooker. 2. The Chairman asked for comments on the minutes of March 19, 1991. MOTION by Rotty, second by Thelen to approve the minutes of the March 19, 1991 meeting as written. APIF, MOTION CARRIED. 3. Chairman Hanson opened the public hearing advertised for 7:00 P.M. regarding the conditional use request from River Valley Clinic to build a clinic building attached to and on leased ground owned by Sanford Hospital. Planner Tooker introduced the proposal indicating certain shortcomings of the site layout as proposed. The Commission members were immediately drawn into the discussion because of the potential conflict between emergency vehicles and clinic patients and the reduction in the number of convenient visitor parking stalls available for the hospital and nursing home. The project architect from Horty, Elving and Associates, Inc. responded to questions related to the design outlining an attempt by the hospital to purchase the adjoining property to the south. This property, if available, would have provided access to the emergency room directly from the frontage road adjoining Highway 3 rather than from County Road 72. Because the owners are not ready to sell, the hospital decided to compromise the ideal design and work within property boundaries under its control. The clinic shared some research which suggests that there will be little emergency traffic in conflict with regular business hours at the clinic. Member Schlawin was concerned that the clinic might remove parking for the hospital which is already in short supply. Member Rotty suggested that since hospital visiting might not conflict with clinic business hours, the clinic patient parking area could be used by hospital visitors. To this point, he proposed a sidewalk between the clinic parking area and the first existing hospital entrance sidewalk. The architect agreed that this would be a positive change in the site plan. There was some additional discussion about the selection of building materials and the visual relationship between the clinic and hospital. The architect referred to an elevation rendering, explaining the reasons for the materials utilized. MOTION by Rotty, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Schlawin to approve the conditional use subject to conditions outlined in the City Engineer's memo of March 6, 1991 and a positive response from the Minnesota Department of Transportation regarding drainage and a temporary access during construction and the County Highway Engineer regarding the proposed driveway relocation and drainage. In addition, approval is based upon: a. The identification and number of plant materials proposed for the proposed foundation planting on the west and south side of the clinic. b. Increasing the inside curb radius of the emergency access southwest of the clinic building to 15 feet and increasing the outside curb radius of this same curve to 39 feet. c. Providing a six foot wide sidewalk within the area now designated as parking along the north side of the clinic to provide access between the clinic parking lot and the main hospital entrance. d. The hospital nursing home and clinic buildings, in total, must provide 252 April 9, 1991 - Planning Commission Minutes - Page 2 enough parking spaces to satisfy the existing City code. Space require- ments for the hospital and nursing home are based on the ratio of 1 per I 3 beds, plus 1 for each 3 employees on the maximum working shift. The medical clinic is based upon a need for 5 per doctor plus 1 per additional employee. e. The addition of small signs in the patient and employee parking area of the clinic indicating that these spaces will be available for hospital parking when the clinic is not open. f. The emergency lane shall remain clear by providing a separate delivery parking stall close to the main entrance. APIF, MOTION CARRIED. 4. The Public Hearing advertised for 7:20 P.M. requested by Francis Valek, 607 Oak Street, for a conditional use to build a 990 square foot garage at this address. The Commission was concerned about the number of buildings being placed on this lot. They were also concerned that, should Mr. Valek ever decide to split off that portion of the lot containing the proposed garage, there would not be enough space on the lot for a house without violating proposed building coverage regulations. Mr. Valek said that the grey 18x25 foot building would be demolished right away but that he would like to continue to use the 12x18 foot building. Planner Tooker suggested that a year would be about the limit of reasonable use because of record keeping. Mr. Valek agreed that a year would help him considerably. MOTION by Schlawin, second by Gramentz to close the public hearing. APIF, MOTION CARRIED. MOTION by Thelen, second by Rotty to approve the conditional use for a 990 square foot garage building at 607 Oak Street subject to removal of the 18x25 grey building before occupancy and removal of the 12x18 building by April 9, 1992. APIF, MOTION CARRIED. I 5. Planner Tooker presented the feasibility study for Second Street parking lot as prepared by City Engineer Kaldunski. Commission members raised questions about its purpose. Would the lot become an employee lot for local business or is it intended to serve general downtown shopping needs? Following a discussion of the pros and cons, including the fact that the plan does not follow the Milo Thompson approach to downtown parking, the Commission agreed that if parking is considered to be important to downtown development, this plan as presented in the feasibility report represents the appropriate way to proceed. 6. Planner Tooker presented the draft of the zoning amendments related to day and residential care; adding recreational assembly places to conditional uses in the B-1 and B-2 Districts; establishing building coverage requirements; and the regulation of garage and yard sales; and the display of vehicles for sale. Chairman Hanson indicated that these amendments have been discussed at various times during earlier meetings. He cautioned the group that there has been some resident concern about recreational assembly places, but he believes that as long as they are conditional uses, there should not be a problem. MOTION by Schlawin, second by Gramentz to forward the draft ordinance to the City Council with the recommendation that it should be approved. APIF, MOTION CARRIED. 7. Planner Tooker introduced the Council workshop schedule for April 20th and indicated that Administrator Thompson has asked for the Commission to firm up I its goals and objectives for discussion. Member Rotty said that it would be helpful to have an agenda ahead of time and Member Schlawin offered that he would need some advance notice of how long the workshop is intended to last. I I I Planning Commission Minutes - April 9, 1991 - Page 3 253 Tooker said that he would get this information to the Commission and asked if the Comprehensive Plan Draft Goals and Objectives are still relevant. The Commission agreed that they are. 8. There being no further business, the Commission decided to adjourn at 9:10 P.M. Submitted by, c~/(]~ Charles Tooker Planner CT/mh 5!/~ letl Approved I I I 255 MINUTES PLANNING COMMISSION REGULAR MAY 14, 1991 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Gramentz, Hanson, Rotty, Schlawin, Thelen. Members Absent: None. Also Present: Planner Tooker. 2. The Chairman asked for comments on the minutes of April 9, 1991. MOTION by Schlawin, second by Rotty to approve the minutes as presented. APIF, MOTION CARRIED . 3. Planner Tooker provided an introduction to the preliminary plat for Farmington Middle School situated in the NW~ of Section 31 and the SW~ of Section 30. He reviewed comments from the City Engineer in his memo of May 8th, as well as comments from the County Surveyor - Gary Stevenson, Parks and Recreation Director Jim Bell and Minnesota Soil and Water Conservation Urban Conservationist - Steve Kernik. In general, many of the comments have already been incorporated into the plat. One remaining discrepancy is the additional land to the north which must be added to the plat to accommodate the long curve for 208th Street. Landscape architect, Andrew Matzke, indicated that the main entrance will be designed with one 16 foot wide entry drive and two 12 foot wide exit drives, separated by a 24 foot wide median. He also described the visitor parking lot with 30 parking spaces and the bus entrance. He indicated that while the proposed tennis courts will require some fill within the flood plain, the site plan compensates for this by creating comparable cut areas to accommodate the proposed water displacement. This will be reviewed by the Department of Natural Resources. Member Rotty was concerned that the bike path proposed on the south side of the right of way of 208th Street would get more use, or conflicting use, between pedestrians headed for school and bikes out for a long ride. Superintendent Ruberto agreed that the School District would prefer placing the bike path on the north side of the street or, in effect, reversing the recommendation from the Parks and Recreation Director. The reason, from his point of view, had to do with ease of winter maintenance for a concrete walk compared with a bituminous trail. Mr. Ruberto also indicated that the School District will ask the City Council for reduced storm water management fees and provided commission members with a copy of his letter requesting the same. He indicated his appreciation for the cooperative spirit he found among the City staff in working toward the implementation of this project. MOTION by Rotty, second by Gramentz to forward a recommendation for approval of the preliminary plat of Farmington Middle School to the City Council subject to the comments received from the City Parks, Engineering and Planning staff. The motion also includes a recommendation that the staff review its proposal for a bike trail on the south side of 208th Street with an eye toward reversing the location of the concrete sidewalk and the bituminous trail. APIF, MOTION CARRIED. 4. Planner Tooker introduced Elm Park by describing the variety of actions that will be required by the Planning Commission if the current HRA proposal is to be implemented. The site will need to be rezoned, platted and a conditional use applied for in order for the development to proceed. He introduced HRA Director Jerry Henricks, who outlined the general schedule of activity including creation of a new Tax Increment Financing District by June 17, 1991, commencing construction in October and completing construction in April of 1992. This brought up questions about the adult housing project on Oak Street and the likely disposition of the two parcels north of relocated Main Street. He said that 256 Minutes - Planning Commission - 5/14/91 - Page 2 adult housing will commence at the same time the business portion of Elm Park begins with a tentative completion date in June of 1992. He also indicated I that the family housing proposed to the north of the business development will not proceed until further investigation of the possible soil contamination in · that area and the extent to which any such contamination might drive up the cost of the project. Additional discussion revolved around concerns about access for retail customers from Elm Street and to the service court on relocated Main Street. Elm Street access may be too close to the railroad crossing and First Street access could cause problems for residents in the apartment complex, if it is built, when semi trucks are backing into the More 4 loading docks. Mr. Henricks thanked the Commission for the opportunity to outline the proposal as it has developed. 5. Planner Tooker reviewed the proposed Zoning ordinance amendments related to mailed notice for Conditional Use and Variance Requests, the addition of Radio and TV Towers to Conditional Uses allowable within the F-3 General Flood Plain District and additional language regarding the height of fences in front yards when side by side houses have different setbacks. Most of the discussion revolved around the issue of increased fees for variances, conditional uses and zoning amendments raised in the staff memo of May 6,1991. Chairman Hanson suggested that perhaps the City staff could determine the property owners within 350 feet of projects under discussion rather than requiring an abstractor's certificate. Member Rotty asked about mailing costs and wondered if the new procedure would justify an increase of $50.00 per application. Tooker responded that already the fees being charged for planning services to the public are low compared to the amount of work that is involved, but that he had not documented actual out of pocket costs. Chairman Hanson suggested that the ordinance could I be cbanged but that fees could remain as they currently are until the City Council reviews all fees at the beginning of the year. MOTION by Schlawin, second by Thelen to forward the proposed ordinance amendment to the City Council with the recommendation that it be approved. APIF, MOTION CARRIED. 6. Member Rotty said that he had been asked by a local business person about the people who regularly appear to be selling flowers on weekends at the inter- section of Highway 50 and County Road 31. It was suggested that staff look into the problem since it appears to put local business people at a disadvantage. 7. There being no further business, the Commission agreed to adjourn at 8:50 P.M.. Submitted by, ~12L ~ Charles Tooker PlannJer Approved ~J\\j~\ CTT/mh I I I I MINUTES PLANNING COMMISSION REGULAR JUNE 11, 1991 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Gramentz, Hanson, Ratty, Thelen. Members Absent: Schlawin. Also Present: Councilmembers Galler and Orr, Administrator Thompson, Administrative Assistant Karen Finstuen, Finance Director Wayne Henneke, Engineer Tom Kaldunski, Parks & Recreation Director Jim Bell, HRA Director Jerry Henricks and Planner Tooker. 2. The Chairman asked for comments on the minutes of May 14, 1991. MOTION by Rotty second by Thelen to approve the minutes of May 14, 1991 as distributed. APIF, MOTION CARRIED. 3. The Chairman opened the Public Hearing advertised for 7:00 P.M. requested by Cory L. and Linda L. Dees of 513 Spruce Street for a conditional use and variance to add to an existing garage which is 3 feet from the east property line. The commission asked general questions about how the new 980 square foot garage will be used. Mr. Dees indicated that he did repair work for himself and body work for friends but does not want to establish a business. Member Rotty said that since a mailed notice is now required for all conditional uses and variances and since the Commission has had some complaints about the lack of mailed notices in the past, it was his suggestion that the hearing should be continued to give staff an opportunity to put together a list of property owners within 350 feet of the site. These people would then be notified of the proposed garage expansion. The Chairman agreed. MOTION by Rotty second by Thelen to continue the Public Hearing until the second Tuesday in July. This date is July 9, 1991 at 7:00 P.M. APIF, MOTION CARRIED . 4. Chairman Hanson recognized Robert Stegmaier who was not in favor of a mailed notice requirement because of additional cost to the various applicants. He also asked the Commission to react to a gasoline station proposal which would be at the northeast corner of the intersection of 190th Street and County Road 31. Chairperson Hanson responded that the Comprehensive Plan shows business development at 195th Street but not at 190th Street. He also said that the plat of Silver Springs will be brought in for discussion very soon. 5. Chairman Hanson recognized HRA Director Jerry Henricks who outlined the request from Steve Johnson and Murray Kelly for consideration of a Comprehensive Plan amendment and rezoning that would allow Farmington Ford to relocate on the west edge of Farmington, north of Highway 50. Murray Kelly provided more details and when questioned was definite that Farmington Ford will move either to a location on the west edge of the City or to Lakeville. There was considerable discussion by the Commission about the need for consistency in interpreting the Comprehensive Plan. Member Schlawin arrived at 7:40 P.M. More questions were asked of Mr. Kelly regarding the type of facility being considered. The current city policy does not sanction intensive development outside of the current MUSA limits. A proposal for a car wash on Highway 3 was rejected because City utilities were not available and a Church was not permitted to relocate on County Road 31 without recognizing access to adjoining property through the platting process. Member' Rotty asked about the Flood Plain in the area of the proposed dealership, but staff was unable to respond to the size of the site excluding the flood plain. The Commission wished to delay for two weeks any recommendation without more specific site information. Councilman Orr suggested that the Planning Commission, Council and whatever staff that might be available should sit down and talk about ultimate land use patterns in Farmington. This could possibly help in reaching some answers for Farmington Ford that both 8SZ the Planning Commission and Council could agree upon. It was the consensus of those present that the Commission and Council would get together to talk about broad land use issues relation to the Comprehensive Plan at 7:00 P.M. on I Wednesday, June 19, 1991 and that the Planning Commission meet with represeutatives from Farmington Ford on Tuesday, June 25, 1991 at 7:30 P.M. Mr. Kelly indicated that this schedule of discussions would fit within the overall time line of Farmington Ford. Member Ratty asked for meeting reminders for both sessions. 6. There being no further business the Commission agreed to adjourn at 8:30 P.M. Submitted by, ~~ ~ Approved It c\ 1 c\ \ . Charles Tooker Planner I I LSZ 259 I MINUTES PLANNING COMMISSION SPECIAL JUNE 25, 1991 1. Chairman Hanson called the meeting to order at 7:30 P.M. Members Present: Gramentz, Hanson, Rotty, Schlawin, Thelen. Members Absent: None. Also Present: Planner Tooker. I 2. The Chairman opened the discussion of a new location that would be acceptable to both the City and Farmington Ford for Farmington Ford by introducing one of its partners, Steve Johnson. Mr. Johnson provided background on the need to move from the present location at Third and Elm Street and the reasons why Flagstaff and Highway 50 will best meet the needs of Farmington Ford. Each of the members of the Planning Commission had questions and comments for Mr. Johnson. During the course of this discussion, the Commission made it clear to Mr. Johnson that while the City was anxious to retain Farmington Ford, neither the Planning Commission nor the City Council could agree to a location outside of the current urban service limits. This placed the westerly limits of a potential move on the east side of Essex Avenue approximately one mile east of the site selected by Farmington Ford. Mr. Johnson indicated that Farmington Ford would keep this in mind, along with the present location, while making it clear that the company will be negotiating with the City of Lakeville for a location that will be closer to Cedar Avenue. tb hS;) V\ ~3. Member-Ratty asked about 717 5th Street, owned by Edward George Fischer. It appears to be a repair garage without benefit of a home occupation. He suggested that the police be asked to record license plates observed around the property on a systematic basis and some follow up action taken by staff if it appears that e repair garage is in operation. 4. There being no further business to discuss, the members agreed to adjourn at 9:00 P.M. Submitted by, ~~ ~~ Charles Tooker Planner Approved 1/Q/cil Y i(1 Cih l~UI/~/ t1~' I I I I 261 MINUTES PLANNING COMMISSION REGULAR JULY 9, 1991 1. The meeting was called to order at 7:00 P.M. by Dirk Rotty. Members Present: Gramentz, Rotty, Schlawin, Thelen. Members Absent: Hanson. Also Present: Planner Tooker. 2. Member Rotty asked for comments on the minutes of June 11, 1991 and June 25, 1991. He indicated that under Item 3 of the minutes of June 25th, Chairman Hanson asked about 717 5th Street rather than Member Rotty. MOTION by Schlawin, second by Thelen to approve the minutes of June 11th and June 25th subject to the above mentioned correction. APIF, MOTION CARRIED. 3. Member Rotty reopened the public hearing continued from the meeting of June 11, 1991 in which Cory Dees, 513 Spruce Street, asked for a side yard variance and conditional use permit to add 672 square feet to his existing 308 square foot garage. Planner Tooker indicated that between the time of application and this continued hearing, the City Zoning Ordinance had been amended limiting building coverage to 20% of the lot area. This would mean that the actual addition could be 612 square feet or 25.5 x 24. He also indicated that the file should include a site plan drawn to scale which shows the areas to be paved, plus building elevations drawn to scale showing what the property will look like with the garage addition. Mr. Tooker said that the applicant should be advised that the purpose of the space is essentially for storage and any business that is contemplated would need to be approved through the conditional use process. Mr. Rotty asked Mr. Dees if he both understood and could live with the stipulations outlined by the City staff. Mr. Dees affirmed that he both understood and could live with the comments made by the Planner. MOTION by Schlawin, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Thelen, second by Gramentz to approve the variance and conditional use requested by Cory Dees subject to: a. limitation of the addition to 25.5 x 24 feet; b. submission of a site plan to scale, which identifies the paved surfaces on the lot; c. submission of building elevations which show the character of the garage addition in relation to the house. APIF, MOTION CARRIED. 4. Member Rotty opened the public hearing requested by David Nielsen, 909 Hickory Street, for a variance to build a garage 10 feet in front of the existing building setback line in this block. Planner Tooker indicated that Chairman Hanson raised a question prior to the meeting regarding the floor area that may be devoted to garages. If the house includes a garage of approximately 576 square feet, the new building would be limited to approximately 400 square feet provided that a conditional use application were processed or 224 square feet without a conditional use. The question before the Commission was whether or not the building is actually a garage or if it is a storage building. Several neighbors indicated their displeasure with a structure that would violate the existing setback of 40 feet. Tooker said that the building could be granted a five foot variance by the Commission, but not the ten feet requested. Member Gramentz said that he believed the concerns of neighbors should be carefully weighed. Member Schlawin said that he found 262 Planning Minutes - 7/9/91 - Page 2 it difficult to call this building anything other than a garage, and if it is a garage, it should conform to the ordinance. He quoted the City Building Official I regarding the definition of a garage. Member Rotty suggested that the staff, after some research, should provide some guidelines as to how the ordinance should be interpreted. By consensus, the Commission members present agreed to continue the hearing until August 13, 1991 at 7:00 P.M. 5. Member Rotty opened the public hearing advertised for 7:30 P.M. requested by River Valley Clinic for a Conditional Use to build a clinic building attached to the South Suburban Medical Center. Planner Tooker indicated that this was subject to a previous hearing and approval, except that both the State and County highway departments were not satisfied with the approved plans. Thomas VanHausen presented the revised plans for River Valley Clinic and, in essence, agreed with the recommendations of the planning staff. Tooker said that the County had insisted on no additional entrances on County Road 72 and that the City Staff supported this position. In essence, the hospital will lose one entrance by shifting an existing driveway to more conveniently serve the clinic and the hospital emergency room entrance. The State of Minnesota has required storm water ponding on site since there is little confidence that the southeast area storm sewer will be built. MOTION by Schlawin, second by Gramentz to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Schlawin to approve the revised site plan subject to: a. addition of the transformer screen wall on the north side of the building to the detail plans of the building; b. introduction of a driveway connection between the hospital and clinic parking lots; c. the clinic agreeing to add the two raised islands in the west parking lot with a total of four 3" caliper sugar maple trees once the southeast area storm sewer project is compelted; d. addition of at least 3 mugho pine trees to the south side of the main clinic entrance; e. submission of a new set of colored renderings which indicate the relative difference between the hospital and the clinic architecture; f. elimination of the rows of brown brick at the top of the clinic fascia and replacement with a metal strip that is compatible with the hospital fascia. This motion is considered to be an amendment to the original approval of the Conditional Use. APIF, MOTION CARRIED. I 6. Member Rotty introduced the subject of Teen Centers in Farmington, indicating the need to discuss centers without any specific request in mind. Planner Tooker indicated that Police Chief Siebenaler maae= himself available to the Planning Commission and was present to discuss the history of such centers in Farmington. Chief Siebenaler discussed the need for adult supervision, a tobacco, alcohol and drug free environment, plus an owner/operator background check. He indicated that the City Council is working on a licensing procedure with a required public hearing in addition to the conditional use procedure to be accomplished by the Planning Commission. He answered questions from the Commission and offered to be of further assistance to the group on request. I I I I Planning Minutes - July 9, 1991 - Page 3 263 7. Planner Tooker introduced the request from Lamperts to investigate the possibility of rezoning land with frontage on Oak Street from R-2 to B-2 to allow expansion of the lumber yard. He said that both the Comprehensive Plan and the Downtown Plan adopted by the Housing and Redevelopment Authority show these lots to be high density to compliment the pending adult housing building on the north side of Oak Street. Part of the rationale for this land use is to encourage the development of housing close to the business activity downtown. Tooker said that if the property were to be rezoned, it should also involve the conditional use process to assure that adequate visual protection is provided to adjoining residential development. Pete Chown, Vice President for Lampert's sales operations, introduced himself by saying that Lampert's is short on space and definitely needs expansion room. He indicated that locations in other communities were being considered, but that they would like to remain close to downtown Farmington. Member Rotty asked if other Farmington locations were being considered and Mr. Chown responded by saying that he does have an appointment to meet with Mr. Henricks of the Farmington Housing and Redevelopment Authority. Tooker said that this is appropriate since the Planning Commission likely should defer to the HRA since the property is within the Farmington Redevelopment Project. Member Schlawin said that the Commission should provide some response to Mr. Chown since expansion of Lampert's at this site will require a return to the Commission with a formal petition for rezoning after conferring with the HRA. Both Schlawin and Gramentz indicated a favorable response to the expansion, whereas Thelen indicated a preference for downtown housing. It was agreed that Mr. Chown should meet with the HRA to discuss an amendment to the downtown plan. 8. Planner Tooker described a request from Clayton Nielsen to redivide two lots which include one house to provide space for a duplex which will have divided ownership. He said that the request would require substantial variances since the existing house is too close to the center of the property. The only reasonable alternative is for Mr. Nielsen to purchase both lots and either move or demolish the existing house so that three standard sized lots could be created. Mr. Neilsen said that he would discuss this with the owner and get back to City staff. 9. Planner Tooker said that the City Council was concerned that 350 feet is not sufficient distance notification for a conditional use involving a 550 foot radio tower that possibly can be seen for miles. The Commission members present agreed that while the height of such towers does impact a large area, they were concerned that special consideration here would tend to create a great deal of confusion in planning administration since any number of uses could warrant special consideration. They were also convinced that any such tower is not likely to be kept a secret by those persons who would be notified. MOTION by Schlawin, second by Gramentz to return the radio tower conditional use to the City Council with the recommendation that notification distance be kept at 350 feet. APIF, MOTION CARRIED. 10. Tooker then discussed the request by Councilmember Mayer to review the Conditional Use granted to Budget Mart on Highway 3 because of short term parking problems in front of the main entrance. There was a consensus among members present that the problem is not a planning problem, but perhaps a hazard that should be observed by the Police Department. Members asked the Planner to refer the request to the Police Department for observation and possible response if they perceive that this parking problem is a hazard. 264 Planning Minutes - 7/9/91 - Page 4 11. Planner Tooker indicated that Administrator Thompson has recommended invalidatiol of the Conditional Use granted to Farmington Mall in 1986. Tooker said that there has been no progress on the conditional use and other business activity is already taking place which was not part of the listed uses permitted by the approved Conditional Use. MOTION by Gramentz, second by Thelen to declare the conditional use at Farmington Mall null and void due to lack of substantial progress to implement its purpose. APIF, MOTION CARRIED. 12. Member Rotty asked about the bakery sign at the corner of Elm and Second Streets. He suggested that staff write a letter to the owner indicating that this sign is illegal. The Planner said that he would follow up on this request. Submitted by, (f~~L- Charles Tooker ~ Planner Approved 1\ \~\q\ \ CTT/mh I I I I I MINUTES PLANNING COMMISSION REGULAR. AUGUST 13, 1991 265 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Gramentz, Hanson, Rotty, Schlawin, Thelen. Members Absent: None. Also Present: Planner Tooker. 2. The Chairman asked for comments on the Minutes of July 9, 1991. MOTION by Schlawin second by Gramentz to approve the minutes of July 9, 1991 as distributed. APIF, MOTION CARRIED. 3. Chairman Hanson reopened the Public Hearing requested by David Nielsen of 909 Hickory Street to build a garage/storage building 10 feet in front of existing set back lines. Planner Tooker said that Mr. Nielsen had decided to build the structure within a rear yard and therefore there is no further need to hold open this hearing. MOTION by Rotty second by Schlawin to close the Public Hearing. APIF, MOTION CARRIED. 4. Chairman Hanson opened the Public Hearing advertised for 7:05 P.M. regarding a zoning Ordinance change recommended by staff regarding the size of garages. The ordinance will return Title 10, Chapter 4, Section 1 (L) to read as it did prior to a May 1991 revision which limited all private garages for residential property to 800 square feet. The ordinance will return to the original concept about the size of detached garages. This will allow the construction of a detached garage when an attached garage may already be in place as long as the overall building coverage does not exceed 20%. MOTION by Rotty second by Thelen to forward the proposed change in Title 10, Chapter 4, Section l(L) to the City Council with the recommendation that it should approved. APIF, MOTION CARRIED. 5. Planner Tooker raised a question regarding zoning administration. Since the application for a variance requested by Mr. Nielsen was not actually possible to grant, would the Commission consider refunding Mr. Nielsen's application fee? Chairman Hanson said he believed this to be an administrative issue which should be handled by the Zoning Administrator. Members agreed. 6. The Planner then recieved a request from staff to determine the meaning of a six foot fence that traverses an uneven ground line. The focus of this discussion is a neighborhood dispute involving a fence built by Pete Gerten at 707 Centennial Circle. There was disagreement among the staff about the height since the fence owner changed the ground elevation after the fence was in place. A neighbor was particularly unhappy since the fence was built with the "wrong side" facing her property. The members of the Commission each looked at the site and did not agree upon the definition of a six foot fence. Chairman Hanson suggested the need for a policy on fences which follow uneven topography. After a lengthy discussion, the following motion was adopted. MOTION by Rotty second by Gramentz to determine that the fence under discussion is a six foot fence even though short segments are more than six feet higher than the original ground elevation. APPROVE: Gramentz, Rotty, Schlawin, Thelen. DISAPPROVE: Hanson. MOTION CARRIED. 7. Planner Tooker introduced the schematic plan for Silver Springs by saying it has been before the commission in several forms. The current plan does~ follow street alignments previously agreed to but many of the lots are at the minimum required by zoning. While the consulting engineer has attempted to increase the size of corner lots, they are still quite small. He noted that 15 corner lots in this plat were smaller than would be acceptable. The Planner suggested that many communities require corner lots to be 20% wider and 20 % larger than the minimum 266 requirements for other lots. In the Farmington R-1 District this would mean I that corner lots must be 90 feet wide and at least 12,000 square feet in area. Planner Tooker then indicated that the existing sewer line and adjoining development suggested an interesting split entry drive which would provide a median strip location for an identification sign sign along County Road 31. 1iijemembers were interested in the lot sizes proposed, as they appear to be smaller than those in adjoing plats. MOTION by Schlawin second by Rotty to approve the concept as proposed except that the corner lots in particular need to be significantly larger than proposed. APIF, MOTION CARRIED. 8. The Planner presented a discussion on a proposed office and storage building for Dakota County Lumber on the west side of Eighth Street in Farmington. He indicated the need for paving across the entire entry and outlined concerns written by the City Engineer. Special emphasis was placed on the need for an easement granted by the owner to the City for the City Water Main which traverses the site. The Engineer pointed out that the railroad granted a license for this line but, for maintenance purposes an easement should be required. Chairman Hanson said that there is an existing "tin shed" which is 34 feet from Pine Steet and that this building should establish the front yard setback. Planner Tooker replied that while this has been the practice in residential areas, there is no precedent for for that within the Industrial District. He said in addition that the ordinance was established to provide standards for new development lasting for a long period of time. Ge~ral response from the members was that because of the configuration of this prop~rty, a 50 foot setback would limit the expansion potential of this business. MOTION by Schlawin second by Rotty to approve the development plan subject to a 35 foot setback from Pine Street and all of the recommendations from I the City Engineer to the Planner in his memo dated August 13, 1991. APIF, MOTION CARRIED. · ... 9. Planner Tooker reviewed a possible amendment to the subdivision Arterial Road Screening. It was the consensus of those present could use some refinement and that perhaps it would be combined develop wording which specifically addresses the size of corner divisions. ordinance regarding that the ordinance with a proposal to lots within new sub- 10. relJi-e~ Planner Tooker briefly re"~ied the request of Clayton Nielsen for a variance which would allow split ownership of a duplex he has proposed for the corner of Spruce and First Streets. A public hearing has been set for 5:00 P.M. on August 20, 1991 in the Council Chambers. Member Rotty asked if the staff could call each member to remind them of the special meeting. 11. Chairman Hanson recognized David Nielsen who had specific questions about the enforcement of upkeep on City residentail lots and the current policy of allowing "pole type" buildings within residential areas. The issue of pole buildings has previously been discussed but not with the current City Council. The Chairman indicated an interest in placing ~R~rrconcerns on a future agenda. ~~ 12. There being no further business, the Commission agreed wo adjourn at 9:20 P.M. APIF, MOTION CARRIED. Submitted by, of~~t~ APpro~ ;~ I Charles Tooker City Planner I I I 267 MINUTES PLANNING COMMISSION SPECIAL AUGUST 20. 1991 1. Chairman Hanson called the meeting to order at 5:00 P.M. Members Present: Gramentz, Hanson, Rotty, Schlawin, Thelen. Members Absent: None. Also Present: Planner Tooker. 2. The Chairman opened the public hearing advertised for 5:00 P.M. requested by Clayton Nielsen to build a duplex at the southwest corner of Spruce and First Streets which is planned to be owned by separate individuals. The ordinance allows individually owned duplex units in planned unit developments but does not otherwise recognize zero lot line setbacks in residential development. The proposed division will be handled by a subdivision waiver of platting request, to be handled by City staff. In addition, the owner/builder, Clayton Nielsen, has requested a front yard variance of up to 5 feet in order to provide more separation between the duplex and whatever housing unit is built immediately to the south. Mr. Nielsen answered specific questions raised by the Commission during the discussion period. MOTION by Rotty, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Thelen to approve a variance which will allow individual ownership of the proposed duplex units fronting on Spruce Street and to grant a front yard setback variance of up to five feet from the setback line established by existing units in this block of Spruce Street subject to surety provided by Mr. Nielsen in an amount which will assure removal of the existing white house within one year. APIF, MOTION CARRIED. 3. There being no further business, the Commission agreed to adjourn at 5:25 P.M. Submitted by, 110 ~ I ~/&~ Charles Tooker Planner 0/;0 /q I CTT/mh Approved I I I 269 MINUTES PLANNING COMMISSION REGULAR. SEPTEMBER 10, 1991 1. Chairman Hanson called the meeting to order at 7:15 P.M. Members Present: Gramentz. Hanson, Rotty, Schlawin, Thelen. Members Absent: None. Also Present: City Planner Tooker. 2. The Chairman asked for comments on the minutes of August 13th and 20th, 1991. Planner Tooker indicated a number of typographical errors for the minutes of August 13th. The second line in item 7 needs to be changed by removing the word "not". The second to the last line in item 8 before the motion begins with the word "General". The first line in item 10 includes the word "reviewed". The last line in item 11 includes the work "these" rather than "their". MOTION by Thelen, second by Rotty to approve the minutes of August 13th and 20th subject to the above described corrections. APIF, MOTION CARRIED. 3. Chairman Hanson introduced a discussion of the Mission Statement circulated by the City Council. Planner Tooker suggested the addition of two statements that might add to the message being developed by the Mission Statement as follows: 13. Continue to provide opportunities for agricultural production within the Metropolitan Agricultural Preserve while identifying those agri- cultural areas which may be ready for the expansion of urban development. 14. Update policies within the Comprehensive Plan to respond to contem- \. porary development needs. Dirk Rotty suggested removal of the words "small town" from item 2 under City. Unique image should be enough to convey the idea without actually saying it. Craig Schlawin suggested that item 5 should be changed by substituting the word established for "old". He also questioned the word "enhance" in item 8. It might be more realistic to change "enhance" to Encourage a more aggressive acquisition and develop- ment program for. Ken Hanson was troubled by the preservation bias in item 9 and suggested the following alternative: Recognize that the need to preserve the environment and the need for development should be balanced. Cheryl Thelen believes that item 4 does not add to the overall statement and should be removed entirely. Ken Hanson questioned the idea of describing Work Place within the Mission Statement. Dennis Gramentz said that this might be more appropriate if developed as part of City Council policies or an employee code of ethics. Ken Hanson suggested removal of the phrase "based on State Law and economic conditions" from item 11. It has a knee jerk response ring to it in view of current economic conditions. Charles Tooker said that putting the word "pro" on "actively" is the type of jargon that will definitely date this statement. It should be enough to rely on the meaning of "actively". All of the comments made by individuals were agreed upon generally by the Commission and are forwarded to the City Council as a Planning Commission response to the August 8. 1991 memo from Administrator Larry Thompson. 4. City Planner Tooker reintroduced the topic of Arterial Road Screening by reviewing his memo to the Commission dated September 6, 1991. In essence, the problem of a poor relationship between arterial streets and rear yards which adjoin them was brought to the surface by Dakota County Estates. Even the early staff studies showed lots with a depth of 150 feet adjoining County Road 31, the plat was approved and recorded with these same lots being only 100 feet in depth. The problem is 270 Planning Commission Minutes - 9/10/91 - Page 2 that the lots are too small to either provide privacy to the lot owner or assurance to motorists that these houses will not crowd out the right of way. In discussing I the problem with the staff Development Comittee, two approaches were suggested. Regarding Dakota County Estates, it was agreed that possible relief would be achieved by: a. Building a trail on the designated right of way in Dakota County Estates. This could become a Park and Recreation Department budget item for the year 1992. b. Plant street trees in the right of way for County Road 31. This would be recommended for the 1992 Public Works Department budget. In the future, all rear facing lots along arterial streets will be required to be 150 feet and street trees included in the requirements of the developer's agreement with the City. Both are included in the current City code, but only the street trees are specifically referred to. The lot size requirement refers only to an additional 20 feet of depth. The Commission members agreed with the proposal made by the staff Development Committee that no amendment is required at the present time. 5. City Planner Tooker presented a concept suggested by the Police Department to help regulate illegal home occupations. The major offenders to be noticed lately are repair garages fronting upon alleys in the central area of Farmington which do not charge for their services. 1;nQ C8H1:ftlii3sion wC1::i of (;\11:: uplulon t1rM ~::1:g~::~et~: ~:~~~:~ ~~p;~~o~~;d~:: ~~:~~~~ ~:f~l~l~:;~~eupations thre~ghn1~ I 6. Chairman Hanson asked if the schematic plan for the Elm Park plat should be discussed without the presence of HRA Director Henricks. Tooker said that there are enough questions related to this plat to warrant a discussion even if it would need to be repeated later. He proceeded to describe these questions and comments as follows: a. The DNR must be involved regarding the proposed extension of First Street into the floodway district. b. The plat will need a storm water easement across property not included in the plat along the north side. c. The plat should incorporate all of First Street from the river to Elm Street. d. The plat documents should identify all tree cover within the plat to show how much of it will significantly contribute to the final site plan. e. The extension of First Street to the east needs to be centered on the proposed right of way to accommodate potential adjoining utilities and walks. f. The plat must identify the right of way on the south side of the eastward extension of First Street. g. The developer must be made aware that the building does not have a rear side. All elevatrorrsmust be treated as if they face Elm Street. h. The developer must recognize that all turning areas at the end of parking rows will be required to include raised islands that can include tree cover. I i. If the site plan is to proceed as proposed, a variance to the Zoning Ordinance will be required. Section 10-6-9(A)2 of the ordinance says, in part, that where a loading area faces a public street, a minimum of a forty foot wide Planning Commission Minutes - 9/10/91 - Page 3 271 I landscaped yard shall be provided. ..(.It appt::C1{~ that 8YCa a variance mml.l\.. be pUl:s::;1blt::, Eline.", Lile exl~LlIl~ El.ll:k.~uu' 5 Stere ha~ a leading area uit1::>nm- "1i:lud::;cap1ng. ) p The Commission agreed that each of the items must be addressed before the project can proceed. 7. There being no further business, the Commission adjourned at 8:25 P.M. Submitted by, &~s 1le~11- City Planner Approved /Dl3);/ #tM~ I I I I I 273 MINUTES PLANNING COMMISSION REGULAR OCTOBER 8, 1991 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Gramentz, Hanson, Rotty, Schlawin, Thelen. Members Absent: None. Also Present: City Planner Tooker. 2. The Chairman asked for comments on the minutes of September 10, 1991. Member Rotty said that the last sentence in item 5 did not represent his impression of the discussion on home occupations and should be deleted. Chairman Hanson said that the statement in parentheses at the end of 6i was a conclusion not discussed during the meeting and, perhaps, belongs within an agenda report rather than the minutes. It also should be deleted. All members present agreed with these comments. MOTION by Gramentz, second by Schlawin to approve the minutes of September 10, 1991 as amended. APIF, MOTION CARRIED. 3. The Chairman opened the public hearing scheduled for 7:00 P.M. to discuss a variance requested by South Suburban Medical Center for a variance to allow the construction of River Valley Medical Clinic as an attachment to the hospital. Originally the Clinic was to be on the same parcel as the hospital, but the lending institution for the Clinic requires that the Clinic shall be on a separate parcel of land. The hospital will still own the property and the land use will not change, however, the conditional use previously approved will be valid only if a variance is granted allowing a zero lot line setback. MOTION by Schlawin, second by Rotty to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Thelen to grant a variance to South Suburban Medical Center to allow a zero lot line setback between the hospital and the proposed River Valley Clinic building. APIF. MOTION CARRIED. 4. Chairman Hanson opened the public hearing advertised for 7:10 P.M. to discuss a request from Larry Ihle, president of Dexterity Dental Arts, Inc. to add dental laboratories as a conditional use in the R-2 Medium Density District. City Planner Tooker indicated that the building in question is the present location of the River Valley Clinic on Division Street. The Clinic building also includes a dental office which is reported to have its own dental lab. The Commissioners asked questions about the proposed use, which were handled by the new owner of the clinic building. Members were interested in parking and the owner's possible interest in expansion. The Planner said that if the City Council decides to add dental laboratories as a conditional use in the R-2 Medium Density District, the new owner will submit a request for a conditional use which possibly can be handled during the regular meeting in December. There was no comment from the audience. MOTION by Rotty, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Schlawin to recommend that the City Council add dental laboratories as a conditional use in the R-2 Medium Density District. APIF, MOTION CARRIED. 5. The Chairman opened the public hearing advertised for 7:20 P.M. requested by staff to add Resource Recovery as a conditional use in the I-I Light Industrial District. The Planner presented the need for this amendment by explaining that the City Council is considering an application for a grant to help build a co- composting plant within Farmington. He also pointed out that resource recovery 274 Planning Commission - Page 2 - 10/8/91 of any kind will not be permitted in Farmington until such an amendment is incor- porated into the zoning ordinance. Larry Thompson was recognized by the Chairman I and he indicated that the City Council plans to hold a workshop on the subject of an application for a grant to the State of Minnesota on October 19, 1991 at 8:00 A.M.. Chairman Hanson and Member Rotty both agreed that a discussion of an ordinance amendment at this time would be premature until the City Council decides how to proceed. Member Schlawin disagreed by saying that if any existing industry were to change its mode of operation by collecting and processing recyclables for either new or amended products, they would be prevented from doing so by the City Zoning Ordinance as it is now written. MOTION by Rotty, second by Hanson to continue the hearing until the next regular meeting on Tuesday, November 12, 1991. VOTING FOR: Gramentz, Hanson, Rotty, Thelen. VOTING AGAINST: Schlawin. MOTION CARRIED. 6. City Planner Tooker presented the preliminary plat of Silver Springs, an 84 lot subdivision on 34 acres situated in the swt of the SW! of Section 13. Tooker presented those comments made by the City Engineer that were still relevant following a discussion by the staff Development Committee. However, because the Commission members all had copies of the City Engineer's comments, there was considerable confusion about what actually was being recommended. The developer's engineer indicated that most of the comments being described could be handled between the time of approval and when the developer's agreement is signed. Members of the Commission were dismayed to have so many comments presented to them at the hearing. The developer's engineer said that all drawings had been submitted two weeks prior to this meeting. The Commission requested that the developer's engineer, City Engineer and City Planner get together as quickly as possible to reduce the amount of conflict and prepare a recommendation for action involving I substantial agreement among the participants. They agreed to hold a special meeting to discuss the preliminary plat on the following week in order to facilitate setting a public hearing before the City Council during the first meeting in November. 7. The City Planner presented a PUD proposal for a continuation of Akin Park Estates prepared by Harry S. Johnson for Jon Malinski situated in the NWt of the NW! of Section 24. The concept plan shows a 5 acre site for a church and approximately 8 acres for special uses that would include a day care, athletic or fitness center, possible grocery and office space. The remaining 40 to 50 acres would be developed into single family dwellings that will equal or exceed those developed in Akin Park- Estates. Mr. Johnson explained that there are a number of questions regarding county road construction since the City has an idea when the County might proceed with these projects. Tooker responded that 195th Street is in the County Capital Improvement Project for 1993, but that he was unclear about Essex Avenue. Member Schlawin asked if it would be possible to build a temporary extension of 193rd Street across the Essex right of way as a possible access route until such time as the road is relocated. Tooker said that this is possible and that the City could extend Essex on its own. Chairman Hanson said that certain of the special uses mentioned would fit within a residential neighborhood, but he was uncomfortable with the grocery store. Member Schlawin indicated that the special use area might be better if limited to approximately half the size that is shown on the map. Mr. Malinski responded that he would follow the recommendation of the Planning Commission, I but lots along high speed traffic roads are really difficult to sell. Chairman Hanson suggested the possibility of some high density use. Mr. Malinski said I I I Planning Commission - 10/8/91 - Page 3 275 that he does not foresee a demand for apartment development in Farmington in the near future. It was suggested that the City Planner should contact Dakota County to find out the status of projects along both Essex Avenue and 195th Street. It was the consensus of members that the plan looked reasonable regarding the use of single family housing, a church and a possible day care and health club. 8. There being no further business, the Commission agreed to adjourn at 9:30 P.M. Submitted by, (}/Ja, tf! 1),~ Charles Tooker City Planner I/f~/ct/ Approved CTT/mh 277 I MINUTES PLANNING COMMISSION SPECIAL OCTOBER 17, 1991 1. The meeting was called to order at 6:05 P.M. by Chairman Hanson. Members Present: Gramentz, Hanson, Rotty, Schlawin, Thelen. Members Absent: None. Also Present: City Planner Tooker. I 2. The City Planner reviewed the major concerns discussed by the Commission at the regular meeting held October 8th. They included phasing of development. grading with emphasis on the removal of most vegetation and engineering details identified by the City Engineer as problems. The project engineer met with the City Administrator, City Engineer and City Planner on October 16th and the questions regarding engineering detail were substantially reduced. In'add~~ofi~",there was a misunderstanding between the proj ect engineer and the' -CitY'-Engirle'er~out the minimum depth of garage floors in relation to street elevation. With this cleared up, the project engineer has returned with a revised grading plan which will save a substantial amount of the existing tree cover. Phasing of this development provides the most serious question about the plat since the developer wishes to plat all 34 acres but divide it into two phases, which will involve a 2000 foot temporary cul-de-sac. The City staff recommends that surety must be in place for anything that is platted to avoid the possibility that the City will have paper streets such as were produced in the platting of Riverside, now the location of Farmington Middle School. Member Rotty questioned the ability of the developer to market a total of 84 lots within a two year timeframe. MOTION by Schlawin, second by Gramentz to approve the preliminary plat of Silver Springs subject to the following: 1. The developer providing surety for the entire plat at signing of a developers agreement anticipating development in two phases with construction of streets mnutilities to be completed at the end of the second construction season. 2. The developer and City working out the financial responsibility and the County being able to accommodate a bypass lane on the west side of CSAH 31 at 187th Street. 3. The dedication of English Avenue south of 189th Street to the south edge of the plat, but without any improvement until Pilot Knob Road is realigned. 4. Improved street on either side of the center island on 187th Street shall be 20 feet curb back to curb back with center island of 25 feet. Plantings to be 35 feet from the face of curbs of intersecting streets. Replacement of the Canadian Cherry trees within the center island planting with another approved street tree. Incorporation of the revised grading plan presented to the Planning Commission into the plan documents. Installation of 3" bituminous and 8" Class 5 base for all streets. Approval of Storm Water Management improvements necessary for this development by the City Council. One catch basin to be added at the northwest corner of 187th Street and Elgin Avenue. 5. 6. 7. 8. I 9. 10. The addition of technical detail requested by the City Engineer in the con- struction documents. 278 Planning Commission Minutes - 10/17/91 - Page 2 VOTING IN FAVOR: Gramentz, Hanson, Schlawin, Thelen. VOTING AGAINST: Rotty. I MOTION CARRIED. Member Rotty indicated that although he agreed that this was a good plat, he believes that the timing of phasing is too optimistic. Therefore, . the City would not be consistent with previous requests for looped streets whenever a plat is approved. He understands why the developer has requested this phasing design, but believes that 187th Street and 188th Streets should be developed in the first rather than second phase. 3. There being no further business, the Commission agreed to adjourn at 6:50 P.M. Submitted by, &~ 1! 1),11- Charles Tooker City Planner Approved 10 "Iq) I I I I I 279 MINUTES PLANNING COMMISSION REGULAR. NOVEMBER 12, 1991 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Gramentz, Hanson, Rotty, Schlawin, Thelen. Members Absent: None. Also Present: City Planner Tooker, City Administrator Thompson, Bill Fitch, Jim Oslund and Steve Empey from Castle Rock Township. 2. The Chairman asked for comments on the minutes of October 8th and October 17th, 1991. MOTION by Rotty, second by Gramentz to approve the minutes as distributed. APIF, MOTION CARRIED. 3. The Chairman reopened the public hearing continued..,-from the ;~e<>ber meeting to discuss the addition of resource recovery as a conditional use in the I-I Light Industrial District. He introduced members of the Castle Rock Township Planning Commission who he had invited while attending a Township meeting on a request for a recycling operation to be initiated on the south side of Highway 50 immediately south of the Henderson Addition. There was a general discussion of the recycling request which would include "everything from recycling cans, plastic and tin to batteries and tires". The Township Planning Commissioners were interested in the way such a request would be handled in Farmington. Theyalso indicated that the Rural Residential Zoning District in Castle Rock Township could accommodate industrial uses through the conditional use process. Member Thelen shared information she had regarding State and/or Federal requirements which prevent communities from placing barriers against certain resource recovery facilities. She would like more specific information about these requirements. Member Rotty was interested in hearing from other Commission members before a vote was taken. Chairman Hanson said that he was leery of making a change like this because of the unknown. Member Schlawin responded that there are profitable industries that are expanding and others that are developing which are not likely to wait for Farmington to bring its ordinance up to date. Further- more, if the City continues to not recognize resource recovery as a legitimate industrial use, it is more likely to attract only those recyclers at the bottom of the scale. MOTION by Schlawin, second by Gramentz to recommend that the City Council amend the zoning ordinance by adding Resource Recovery as a conditional use in the I-I Light Industrial District and to include the following definition of Resource Recovery in the definition section of the ordinance: Reclamation for sale, use or reuse of materials, substances, energy or other products contained within or derived from waste. VOTING FOR: Schlawin, Gramentz, Thelen. VOTING AGAINST: Hanson, Ratty. MOTION CARRIED. 4. The Chairman next discussed the proposal to recommend a change in the name of Essex Avenue between 190th Street and Trunk Highway 50. It was generally agreed by the Members that the extension of the name Pilot Knob made sense, particularly when County Road 31 is realigned. Pilot Knob has a great deal of name recognition in the Twin Cities Area. MOTION by Thelen, second by Hanson to forward a draft resolution requesting a name change for County Road 31 between 190th Street and Trunk Highway 50 to the City Council with the recommendation that it be approved. APIF, MOTION CARRIED. 280 Minutes - Planning Commission - 11-12-91 - Page 2 5. City Planner Tooker discussed a proposed housekeeping change in the Zoning Ordinance which would prevent urban uses in the R-3 District from being developed at high densities when they are outside of the MUSA limits. Low density R-l Districts were addressed in a previous amendment but a question about development options of two R-3 parcels brought to light a recognition that a high density development could be requested. MOTION by Rotty, second by Gramentz to forward a recommendation favoring a change in Section 10-4-1(0) substituting all residential districts for the R-l Low Density District. APIF, MOTION CARRIED. I 6. There being no further business, the Commission agreed to adjourn at 8:30 P.M. Submitted by, &~~~~ Charles Tooker City Planner Approved \Ll~I~\ I I I I I 281 MINUTES PLANNING COMMISSION REGULAR. DECEMBER 10, 1991 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Hanson, Gramentz, Rotty, Schlawin, Thelen. Members Absent: None. Also Present: City Planner Tooker. 2. The Chairman asked for comments on the minutes of November 12, 1991. MOTION by Rotty, second by Thelen to approve the minutes of November 12, 1991 as distributed. APIF, MOTION CARRIED. The members discussed the timing of the minutes since a number of members did not receive copies prior to the meeting. Member Rotty said that he would prefer to get the minutes within a week of the session while the discussions were still fresh in his mind. Member Schla~ ~d~.aat ~.'. hAa~r' no problem about when they came as long as they did arri~~~ui>A>~t fot..\ delaying minutes until the next agenda report was to reduce the number o!'fuailings~ It was the consensus of the Commission that minutes should be mailed as soon as they are produced since past experience that there is a better chance that all members will have copies before the next regular meeting. 3. Chairman Hanson opened the public hearing advertised for 7:00 P.M. which was requested by Dakota Electric for a variance to erect a pole 75 feet in height on which a 20 foot antenna will be placed. Member Gramentz asked if the 20 feet will be added to the 75 feet or if the 75 feet is the maximum height being discussed. City Planner Tooker said that the request is for a 75 foot pole including the antenna. MOTION by Gramentz, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Schlawin to approve the requested variance for a 75 foot antenna pole for Dakota Electric at 4300 220th Street West. APIF, MOTION CARRIED. 4. City Planner Tooker reviewed the schematic plan for Akin Park Estates 2nd Addition PUD situated at the southeast corner of the intersection of 190th Street and relocated Pilot Knob Road/Essex Avenue. The plan shows an athletic club, apartments and a day care center adjoining Pilot Knob Road and a church site adjoining Akin Road immediately south of 193rd Street. The area between these uses is proposed for relatively large lot single family dwellings. Harry Johnson was in attendance representing the developer, Jon Malinski. He provided additional details of the proposed PUD and answered questions raised by the Planning Commission members. It was the consensus of the members present that the PUD will provide housing opportunities needed in Farmington and that the direction taken by the developer at this stage meets the objectives of the Comprehensive Plan. 5. City Planner Tooker indicated that Nelsen Hills Farm, formerly platted as Pilot Pointe, would be ready for review during the January meeting. The plat is divided into two phases of approximately 30 lots each planned to be developed within a four year time frame. Members were interested in the conditions listed by the Commission for approval of the plat then named Pilot Pointe. 282 6. The Chairman recognized Sandy Yule who operates an existing beauty parlor 1 in her home. The request, if made, would be to expand the operation to include a full time operator who is not a resident of her home. Commission members advised Mrs. Yule that home occupation standards are already as flexible as they believe to be in the best interest of neighborhoods. They agreed that there was not basis for a variance. 7. There being no further business, the Commission agreed to adjourn at 8:00 P.M. Submitted by, {J/ J... If! 1/,1&- Charles Tooker City Planner Approved 04~L I ,I