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HomeMy WebLinkAbout1992 I I 283 MINUTES PLANNING COMMISSION REGULAR JANUARY 14, 1992 1. The Chairman called the Members Present: Gramentz, Members Absent: None. Also Present: City Planner meeting to order at 7:00 P.M.. Hanson, Rotty, Schlawin, Thelen. Tooker. 2. The Chairman asked for comments un the minutes of December 10, 1991. MOTION by Schlawin, second by Thelen to approve the minutes of December 10, 1992 as prepared. APIF, MOTION CARRIED. 3. Chairman Hanson opened a public hearing requested by Lamperts and Lawrence and Verna Weierke to rezone Lots 1 and 2, Block 16, Original Town of Farmington from R-2 Medium Density Residential to B-2 General Business. The City Planner outlined the planning and zoning history of this property which at one time included B-3 Heavy Business zoning. He indicated that Lamperts eventually would like to control Block 16 entirely, but until that happens, the block will continue to show mixed use. As background information, City Planner Tooker explained the need for landscaping on and around the property and a plan that the staff Development Committee prepared showing City expectations regarding the expansion. Tooker also identified the Lampert response which did not include any planting on Spruce Street and diagonal parking which would extend into the traveled portion of the street. The Chairman recognized Alan Wutschke of 101 Spruce Street, the neighbor living within 20 feet of one existing pole type storage building on the site. He suggested that the outer boundary fence should be adjusted on the east side of the property to allow over the road trucks with deliveries for Lamperts to pull off of Spruce Street while they wait for the yard to open. He said that he has experienced a considerable amount of trucking noise very early in the morning as trucks stand with motors idling in the street until the staff arrives and lets them onto the property. He also requested that existing and new buildings on site should be designed with interior sound boarding in place to cut down on the noise associated with stacking and removing lumber from the sheds. As they exist today, contact between building materials and the metal siding reverberates throughout the neighborhood and is a nuisance. Pete Chown, Vice President for Sales and Operations at Lamperts, said that sound boarding can be installed on the inside of the sheds. General discussion followed regarding parking options and landscaping. Mr. Wutschke asked if the request would come before the Commission again. The response was that it would not unless the staff and Lamperts could not agree on the content of the, landscaping on the site plan. Tooker said that the City Council will act upon the request next and possibly another public hearing will be held. MOTION by Rotty, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Schlawin to recommend Council approval of the request by Lamperts and Lawrence and Verna Weierke to rezone Lots 1 and 2, Block 16, Original Town of Farmington from R-2 Mediull Density to B-2 General Business. APIF, MOTION CARRIED. 4. The City Planner briefly outlined the conclusions of staff after polling ten nearby communities regarding their policies on the acceptance of temporary cul-de-sacs when a subdivision is platted in phases. The existing policy provides for the completion of improved loop streets or surety pledged by a financial institution to pay for completing loops in subsequent development phases. This policy came into being following less than satisfactory performances by developers at a time when letters of credit were relatively easy to secure. Economic times have changed 284 Planning Commission Minutes - 1/14/92 - Page 2 with the result that land is currently being platted in relatively small increments. A proposed new policy recommended by staff is for preliminary plats to indicate a complete layout with looped streets, whereas final plats can be improved in I phases that follow the preliminary plat exactly. The new policy would establish that temporary turnarounds may be built up to 1000 feet in length as long as the turnaround area is paved, including bituminous curbs, on an easement secured by the developer for that purpose. Surety would be secured for only that part .of the plat which is under construction. The reasons for the change include the following: a. It is difficult to seC4re relatively large surety agreements from lending institutions at the present time. b. The cost to secure large amounts of money for improvements not under contract places a burden on developers and eventually future homebuyers that is difficult to justify. c. The surety requirements place "well to do" developers at an advantage over those individuals who are not, during the platting process. d. It is difficult to identify any harm created for the City even if "temporary" cul-de-sacs are not extended for long periods of time. e. The current policy may be the difference between the development of land and the availability of relatively few house lots. The Commission held a lengthy discussion regarding the merits of the existing and the proposed policy and whether or not the City should have a written policy on this issue. While most members would rather not have a written policy, Tooker said that the City staff will have a difficult time evaluating which proposals I should be brought to the Commission. It was decided that the members should be polled individually: Gramentz - Would have no problem accepting a final plat with temporary turnarounds as long as the concept includes future looping. Sch1awin - Has a problem with this change in direction, but understands that there may be a need to reevaluate past policy. Hanson - Would like to keep City policy as it has been understood up until this time.' Rotty - Has a problem with temporary cul-de-sacs longer than those previously approved and would, therefore, like to judge each plat independently. Thelen - Is concerned about the number of lots now under consideration by the Commission given the past building activity numbers, but would look at each proposal individually. 5. City Planner Tooker presented the preliminary plat of Nelsen Hills Farm, a 62 lot subdivision on 33 acres situated at the northwest corner of the intersection of Pilot Knob Road and 190th Street. The plat was approved earlier as Pilot Pointe and recommended to the City Council in 1989. Heritage Development requested several extensions from the City Council since they decided not to sign a developers agree- ment at that time. The final extension ran out and the development was put aside until December of 1991 when it was reactivated by Heritage. The work done at the earlier time has been updated and reviewed by both the City Engineer and the Soil and Water Conservation District. Specific supplementary tree planting has been recommended by staff to help accomplish the objective of screening along arterial and collector streets. The developer has requested that the plat be I ~ I I Planning Commission Minutes - 1/14/92 - Page 3 285 developed in two phases which will require temporary turnarounds mid-block. The development schedule indicates that the temporary turnarounds will be in place until the 1994 construction season. The Commission directed several questions to the developer's engineer, Brian Johnson, regarding the direction of flow for runoff and the access to both sanitary sewer service and water supply. Member Schlawin asked about silt fencing outside of the plat where grading will be done south of 190th Street and the need for seeding in Outlot B where the land has been cropped annually. Mr. Johnson agreed that silt fencing needs to be installed south of 190th Street. Recognizing that the plat will be developed in two phases, the following motion was adopted. MOTION by Rotty, second by Thelen to recommend approval of the preliminary plat of Nelsen Hills Farm to the City Council, subject to the following: a. Submission of cost estimates for Phase I and II, final construction plans and specifications, soil investigation reports, hydraulic computations, minimum basement and garage elevations and a street lighting plan as requested by the City Engineer. Provision of engineering detail on the construction drawings as outlined in the City Engineer's memo dated December 31, 1991. b. Recognition that Outlots A and B, plus a storm water ponding area north of the plat adjoining Pilot Knob Road shall become City property as negotiated in the developer's agreement for the plat. " ~ ~ \ \U-' Compliance with the recommendations of the Soil and ~e~J\~io~~jF~tl;~ regarding erosion control during development and stormwater quality following completion of the plat outlined in the letter of January 8, 1992. e. Addition to the landscape plan of slightly larger clusters of evergreen trees on the large lots adjoining Pilot Knob Road and new clusters of evergreen trees on Lots 1 and 2, Block 3 adjoining the gas line easement along 190th Street. c. d. f. Investigation of the need to add silt fencing south of 190th Street and new seeding in the former crop land in Outlot B. APIF, MOTION CARRIED. 6. City Planner Tooker reviewed the schematic plan prepared for the Benedict/Nordseth partnership on land situated immediately north of 208th Street and Farmington Middle School now under construction. The schematic plan shows the land that the school will not be using on the former Kelly farm as well as land outside of the City owned by Bernard Murphy and Ed Rother. The land in Empire Township has been included in the schematic presentation since the former Kelly farm provides the only possible access for urban development in the future. The City Planner spent much of the discussion time talking about a proposed staff revision to the schematic plan. Jack Benedict was present to describe his interest in the development and acknowledged the revision as something he could work with. It was the consensus of the Commission that the staff proposed revisions to the schematic plan would be the best guide for the preparation of a preliminary plat. 7. The Commission then discussed possible options for the City Council to consider when it asks the Metropolitan Council to substitute existing MUSA land for the Nordseth property north of 208th Street. Three properties were suggested as sites to consider and placed them in a sequence representing their priority as follows: a. McNamara land east of Akin Road Elementary School, b. Peterson property south of Trunk Highway 50, c. Cameron property west of Pilot Knob Road. 286 Planning Commission Minutes - 1/14/92 - Page 4 The highest and lowest priority are residential lands and come from earlier dis- cussions with these landowners when development did not appear to be an immediate concern. The middle range priority was suggested since the property is industrial and the industrial park has a considerable backlog of developable lots. The Commission agreed that this change in category would not affect actual development, since similar exchanges would follow if a development were to be proposed on land that was shifted from MUSA. I 8. City Planner Tooker asked for guidelines to follow in the preparation of updated flood plain zoning standards as requested by the DNR. There was little enthusiasm on the Commission for this task. It was agreed that any revision to the City Code regarding flood plain zoning should be accomplished with as little change as would be tolerated by the DNR. 9. The Planning Commission agreed to adjourn at 9:30 P.M. ~ Submitted by, tY~ If! 11,'- Charles Tooker City Planner Approved I I 287 I MINUTES PLANNING COMMISSION SPECIAL JANUARY 29" 1992 1. Chairman Hanson called the meeting to order at 6:00 P.M. Members Present: Gramentz, Hanson, Rotty, Schlawin, Thelen. Members Absent: None. Also Present: City Planner Tooker. I 2. City Planner Tooker outlined the purpose of the meeting as reviewing the revised phasing of Silver Springs which was discussed during the City Council meeting of January 21, 1992. The plat approved by the Planning Commission in October, 1991, had an excessively long cul-de-sac and the recommendation forwarded to the City Council was to demand surety for a second phase which would complete street and utility loops within two years. The scope of the project plus the surety were too large to finance. Therefore, the developer has been working for at least two months to develop a proposal which would be acceptable to the City Council. The most recent concept is to approve, as a first phase, two temporary dead end streets less than 100 feet long. Mr. Block from the engineering firm of Melchert and Block Associates said that this configuration, because of the amount of site grading that is necessary, makes the available lots too . expensive. He asked the Planning Commission to consider a first phase that would include a 1500 foot temporary dead end street. Member Rotty suggested that the developer reconsider the complete looping of 187th and 188th Streets since the length of streets would not be much longer than is included in this most recent request. Member Schlawin agreed and added that 188th Street in particular has some very attractive lot possibilities because of its proximity close to the top of the slope. Mr. Block agreed that this probably would work best financially. MOTION by Schlawin, second by Thelen to recommend that the City Council approve a first phase of Silver Springs which would involve a complete loop linking 187th and 188th Streets by both English and Elgin Avenues. APIF" MOTION CARRIED. 3. There being no further business, the Commission agreed to adjourn at 6:30 P.M. Submitted by, (J/J., If! 1),~ Charles Tooker City Planner Approved I I I I 289 MINUTES PLANNING COMMISSION REGULAR FEBRUARY 11, 1992 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 January 14th and 29th. MOTION by Rotty, second by Gramentz to approve the Planning Commission minutes as distributed. APIF, MOTION CARRIED. 3. Chairman Hanson opened the public hearing scheduled for 7:00 P.M. requested by James Pluntz, 20226 Akin Road, for a variance to build a 1200 square foot storage building on his 2.6 acre lot at the above address. Planner Tooker outlined the request, drawing attention to the site plan and perspective of the proposed pole building. He indicated that the Chairman had asked about the existing storage building on the site as it would affect the size of building that could be accommodated on this site. Mr. Pluntz said that the existing building is a temporary structure built on skids and that it will be removed once the new building is in place. The City Planner then read the section of the zoning ordinance dealing with detached buildings and explained that it would be possible for the Commission to treat the proposed building as a conditional use, since everyone within 350 feet had been notified and allow construction of a storage building up to 1000 square feet in area since the existing detached structure would be removed. Mr. Pluntz questioned the Commission about the possibility of a variance. It was generally agreed that the applicant could not meet the criteria for a variance and that a larger building would set a new size standard in the R-l District. MOTION by Schlawin, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Thelen to deny the variance for a building larger than 1000 square feet in area since it does not meet the criteria for a variance listed in Section 10-8-6(C), but to approve as a conditional use the construction of a detached storage building of up to 1000 square feet in area based upon the information submitted by the applicant and subject to the removal of the existing detached structure. APIF, MOTION CARRIED. 4. Planner Tooker presented a proposed amendment to the zoning ordinance relating to arterial street screening. The proposed amendment is an outgrowth of discussions by the Development Committee, Planning Commission and City Council. An example of what may be accomplished by the amendment was approved by the City Council for Nelsen Hills Farm with respect to its frontage along Pilot Knob Road and 190th Street. There was general agreement that the ordinance meets the needs of the City where lots do not front on arterial and collector streets. MOTION by Schlawin, second by Thelen to forward the proposed amendment to the City Council with the recommendation that it should be approved. APIF, MOTION CARRIED. 5. There being no further business, the Commission agreed to adjourn at 7:30 P.M. tf::!:teif!' 1J,~ Charles Tooker City Planner Approved I I I 291 MINUTES PLANNING COMMISSION REGULAR. MARCH 10, 1992 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Gramentz, Hanson, Rotty, Sch1awin, Thelen Members Absent: None Also Present: City Planner Tooker ,. . fto. \ '-\t\. if- 2. The Chairma.n asked for comments on the IIlinute& of February 11, 1992. MOTION by Rotty, second by Schlawin to approve the minutes of February 11, 1992 as distributed. APIF, MOTION CARRIED. 2. Chairman Hanson opened the public hearing advertised for 7:00 P.M. regarding the rezoning of proposed Akin Park 2nd addition from R-1 Low Density to P.U.D. The planner then provided background on the P.U.D process and objectives as outlined in the City Zoning Ordinance. He indicated that the proposed P.U.D. would not involve an increased density of housing units, but did include 68 single family lots and 72 multiple family dwellings. In addition an athletic/tennis club, day care center and church site have been included in the plan. Tooker also reviewed comments from the City Engineer including a request for a well site, turn laneR on Akin Road, looped water mains between Englewood and Encore cul-de-sacs, storm water drainage facilities southward from Akin Road plus a request to build 190th street before the tennis club is built. In addition, he pointed out County standards for 120 feet of right of way for arterial streets. The PUD as proposed would provide only a total of 100 feet for the realignment of Pilot Knob Road. Tooker then reviewed the landscaping proposal and recommended moving the evergreen tree species shown in the boulevards, to screen plantings at the perimeter of the PUD where it adjoins arterial and collector street rights of way. The landscaping ordinance is quite clear that boulevard plantings are limited to deciduous trees planted at least 40 feet on center. The plan does not provide adequate site details for the high density residential use or the non residential portions of the PUD. The only use that will need to provide details reasonably soon is the church site since the other uses will be developed during the later phases of the PUD. The staff was not happy with the diagonal layout of the site since it appears to waste much of the available space. Chairman Hanson asked Harry Johnson, the registered land surveyor .responsible for the PUD layout to describe the project in more detail. This description included photography which illustrated land use compatibility between relatively expensive single family dwellings and both apartments and day care facilities. The Chairman opened the PUD discussion to questions from the floor after noting that the Commission had received a two page letter from Councilman Galler in opposition to the PUD concept as presented. The residents of the area who were in attendance were universally opposed to the two apartment buildings proposed. The questions put forward were directed to the developer and a protracted dialogue took place regarding the suitability of apartments in the neighborhood. After making sure that anyone wishing to speak had that opportunity, the Chairman asked for a motion to close the public hearing. MOTION by Thelen, seconded by Schlawin to close the public hearing on Akin Park 2nd Addition PUD. APIF, MOTION CARRIED. Following a brief recess, the Chairman called the Commission to order for the purpose of discussing with Mr and Mrs Malinski options for a development which would be more acceptable to the neighborhood. Member Rotty asked if townhouses would be a possible substitution for the apartment complex. 292 Mr Malinski indicated that he would give it some thought. He did request, however, that the Commission meet again in special session to go over a revised proposal. It was the consensus of the members that March 17, 1992 at 7:00 P.M. would fit I the schedules of those present. The Chairman indicated that other agenda items would also be considered at that time. 4. The meeting was adjourned until 7:00 P.M. on March 17, 1992. Submitted by, tY~ If! 1J,L Approved Charles Tooker, City Planner I I I I I 293 MINUTES PLANNING COMMISSION SPECIAL MARCH 17, 1992 1. Chairman Hanson called Members Present: Gramantz, Members Absent: None Also Present: City Planner the meeting to order at 7:00 p.m. Hanson, Rotty, Schlawin, Thelen. Tooker 2. Planner Tooker indicated that Larry Ihle had asked the commission if it would be interested in a tour of his facility in Rosemount prior to the Conditional Use hearing scheduled for April 14, 1992 concerning the location of a dental laboratory within a residential zoning district. The members indicated that a noon-time visit on either April 7th or April 9th would work for four out of the five members. Staff to arrange final count and day with Mr. Ihle. 3. An item referred back to the Commission from the City Council involved the proposed ordinance on screen plantings in sub divisions which front on arterial and collector streets. The City Council preferred language that was more flexible regarding plant materials in the screening. Does~is~o~~ achieve the objectives that the Commission had in mind? T f Planning Commission members was that the wording change is pro a b~ te than the original draft. 4. The Commission was then asked if it would consider a variance in the size of free standing signs for a business use within residential areas. The request was presented by a sign maker anticipating a contract from the hospital and the clinic, on the east side of Highway 3, to produce a joint sign advertising both uses. The members agreed that a free standing sign of up to 50 square feet in area would be acceptable under certain conditions provided that both uses utilize one sign. The current sign for the hospital measures 32 square feet. It was noted that this is the size of sign that identifies residential sub divisions. S. Planner Tooker reviewed a request from Jack Benedict to substitute two eight unit apartment buildings for one sixteen unit building within Dakota County Estates P.U.D.He said that the request represents a minor change in the P.U.D. but he wanted the Commission to be aware of the architectural style of the building planned by Mr. Benedict. The Commission agreed that the change is minor and that no further action is necessary. 6. Planner Tooker presented a revised proposal from Jon Malinski on the site involving Akin Park 2nd P.U.D. The new plan includes low density residential lots meeting the requirements of the R-l District plus a five acre church site in the northwest corner of the property. This proposal was developed as an alternate plan since the P.U.D. proposal met with substantial opposition from the neighborhood. Planner Tooker explained that the Zoning Ordinance requires a recommendation on the P.U.D. since it has not been withdrawn and that a hearing has been held. The actions requested at this meeting are recommendations on both proposals, which can go to the City Council. MDTIONby Rotty, second by Gramentz to forward a negative recommendation on the P.U.D. to the City Council. In favor Gramentz and Rotty, opposed Hanson, Schlawin and Thelen. The motion failed. MOTION by Hanson, second by Thelen to forward a recommendation that 294 City Council approve the proposed rezoning from R-1 to P.D.D. to accommodate the proposal from Jon Malinski for a mixed use development in the Northwest Quarter of Section 24 known as Akin Park, 2nd Addition P.D.D. In favor, Gramentz, Hanson, Schlawin and Thelen; opposed, Rotty. MOTION CARRIED. The chairman asked members of the church if the proposal for a simple sub division which changed the location of the church from the Southeast to the Northeast corner would be acceptable. Chuck Kraft, speaking for the church, said that while they were aware of the change being proposed, they had not had an opportunity to study it or bring it before the building committee. The discussion which followed indicated that the Commission found the plat to meet the City Subdivision Ordinance standards for development. MOTION by Rotty, second by Gramentz to forward a recommendation for approval of the preliminary plat to the City Council. APIF, MOTION CARRIED. 7. Chairman Hanson asked the staff to develop an amendment to the Zoning Ordinance which would move churches from the permitted to the conditional use column in all residential districts and be ready for such discussion during the regular meeting in April. 8. There being no further business, the Commission agreed to adjourn at 8:10 p.m. tr.:ld b;e u- Charles Tooker City Planner Approved I I I I I I 199 MINUTES PLANNING COMMISSION REGULAR APRIL.14, 1992 1. Chairman Hanson called the meeting to order at 7:00 p.m. Members Present: Gramentz, Hanson, Rotty and Thelen Members Absent: Schlawin* (will arrive late due to schedule conflict) Also Present: City Planner Tooker 2. The Chairman asked for comments on the minutes of March 10 and 17, 1992. MOTION by Gramentz, second by Rotty to approve the minutes of March 10 and 17, 1992 as distributed. APIF, MOTION CARRIED. 3. Chairman Hanson opened the Public Hearing advertised for 7:00 p.m. to discuss the conditional use requested by Larry and Roseanne Ihle to move a dental laboratory to the existing clinic building at 310 Division Street. The building will be used as is at the present time with the exception that a 12' by 14' temporary storage shed will be added immediately west of the fenced air conditioning equipment area outside and some of the interior walls will be removed inside. Future expansion will involve a second conditional use hearing when more detailed plans are available. The main concerns expressed by the staff involved parking and some screening of it through landscaping to protect adjoining residential property. Neighbors who attended were pleased that the building will have an immediate use. No negative comments were presented. MOTION by Rotty, second by Gramentz to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Rotty to approve the Conditional Dse requested for a dental laboratory at 310 Division Street subject to the addition of a temporary 12' X 14' storage shed directly west of the existing fenced air conditioning enclosure until October 1, 1994; the preparation of detailed expansion plans related to the flood fringe boundary before the building is expanded; increasing the parking lot to ~he west to accommodate 18 additional automobiles; adding an overlay of the existing parking lot and drive; addition of a landscaped area to screen the parking lot from Division Street and the townhouse open space; the development of a new joint sign for the dental laboratory and the dental clinic up to a maximum of 40 square feet and the understanding that any addition to the structure in the future will be accomplished by using materials that are similar enough for the addition to blend with the existing structure. APIF, MOTION CARRIED. 4. The Chairman opened the public hearing advertised for 7:30 p.m. as requested by Jack Benedict to discuss the preliminary plat of Dakota County Estates, 7th Addition. The plat is an extension of the Dakota County Estates P.D.D. and fits the lot and street layout identified in that plat. The Soil and Water Conservation Service has recommended the installation of gravel construction entrances wherever construction traffic will enter paved roadways; identification of where silt fences and hay bales will be placed on the construction plans and a statement that seeding and mulching will occur no later than fourteen days after rough grading has been completed in the plat specifications plus 1~ tons of disc anchored straw mulch per acre and 400 pounds of 15-10-10 fertilizer in seeded areas. The City Engineer has also made detailed recommendations for the 200 Planning Commission Minutes, 4/14/92 Page 2 completion of required technical detail in his memo of April 8, 1992. I Planner Tooker indicated that the tree planting should look like Silver Springs plat rather than including long lines of different species on two sides of the same street. MOTION by Thelen, second by Hanson to close the public hearing. APIF, MOTION CAlUUED. MOTION by Gramentz, second by Thelen to recommend approval of the preliminary plat to the City Council subject to recommendations of the Soil and Water Conservation District, the City Engineer and the City Planner. APIF, MOTION CARRIED. Member Schlawin arrived at 7:45 p.m. 5. The Commission then considered a request from Jack Benedict to allow access to the proposed Riverside neighborhood 660 feet from Akin Road in addition to the access which will be across the street from the middle school entrance. There was discussion about the adviseability of providing a turn around for the stub street which will allow access to the six acre parcel which is not part of the Riverside development. The concensus was that the 660 feet is all right as long as the developer understands that at some time in the future a median could be installed which would limit access to right turn in and right turn out movements only. 6. The Commission reviewed the proposed subdivision amendment previously discussed by the Commission regarding access spacing on collector and arterial streets. The Commission originally had decided on 1000-foot spacing but two developers offered that this might be excessive, particularly when business clusters are potential land uses at intersections of major streets. The staff, consulting with the County Highway Department, discovered that 660 feet is a standard currently being used by Dakota County when right turn movements only are involved. Planner Tooker said that when this amendment was presented to the City Council they asked to have the additional language reviewed by the Planning Commission. Members present agreed that the revised wording was preferable to the original for the reasons stated by the developers. MOTION by Schlawin, second by Thelen to forward the revised wording of the proposed access spacing ordinance with the recommendation that it be approved. APIF, MOTION CARRIED. I 7. The Chairman recognized Jerry Ristow who wishes to build a large accessory garage on property he owns which already has an accessory garage. It was the opinion of the Commission that if the existing garage were to become attached to the house, an accessory detached garage coul~ be built. However, if it is going to be larger than 800 square feet in size, it will need to be handled through the Conditional Dse process. 8. The Chairman then recognized Irene Frendshuh from 15 Hickory Street who wishes to build a deck in her front yard beyond the existing setback. She was informed by the Commission that a patio could be built to any reasonable size if it were screened by plant materials but that a deck could only be built five feet beyond the existing setback of the garage. She estimated that this I. would provide a deck only nine feet in width. She decided to do some careful measuring and decide how next to proceed. I I I 201 Planning Commission Minutes, 4/14/92 Page 3 9. Chairman Hanson recognized Francis Blaha who said that he purchased a garage building with the intent to move it to his location on Spruce Street; however he found out after buying it that he needed a Conditional Use Permit. His request is to move the garage temporarily in order to get it out of the way of Lampert's expansion program. He would then process a Conditional Use application for a permanent location on his Spruce Street property. After considerable discussion, the Commission agreed that the building could be moved if he provided surety of $2000.00 to cover the cost of damage in the public right of way and, in addition, showed the Finance Director a Certificate of Insurance that would prevent liability claims against the City. Mr. Blaha indicated that this was satisfactory and that he would be in to apply for the Conditional Use Permit very soon. MOTION by Hanson, second by Gramentz to allow Francis Blaha to move the garage now on blocks adjoining Oak Street to his property on Spruce Street, temporarily, until a Conditional Use hearing has been held provided that he provides the City with surety and a Certificate of Insurance. APIF, MOTION CARRIED. 10. The Chairman asked the group about the current ordinance on churches and schools which are permitted uses in all of the R- districts. Churches are also permitted uses within the A- districts. The discussion which followed suggested the apprehension of the group to continue regulating these intensively used facilities with the ordinance as it is written today. It was agreed that both uses should be moved from the permitted use column to the accessory use column in the R districts and that churches should be removed entirely from the A districts. MOTION by Schlawin, second by Hanson to recommend the movement of churches and schools from permitted to conditional uses and to remove churches from the agricultural districts altogether. APIF, MOTION CARRIED. 11. The City Planner reviewed the signs for River Valley Clinic and South Suburban Medical Center as proposed by Thomas Sign Company. The Commission asked for one small directional sign at the south end of the clinic building to help direct people to the emergency room entrance. MOTION by Schlawin, second by Hanson to approve the signs for the clinic and hospital as proposed with the addition of one sign to help identify the emergency room entrance on the site. APIF, MOTION CARRIED. 12. The Chairman asked for discussion of the zoning amendments related to wetlands and the flood plain. However, there was a sentiment that the meeting should be continued until 6:00 p.m. on April 21, 1992 to handle both items. The Commission agreed to meet in Special Session. 13. The meeting was adjourned at 9:30 p.m. 212 bit! 1t~ Charles Tooker City Planner Approved I I I 207 MINUTES PLANNING COMMISSION SPECIAL APRIL 21, 1992 1. Chairman Hanson called the meeting to order at 6:00 P.M. Members Present: Hanson, Rotty, Schlawin, Thelen Members Absent: Gramentz (arrived at 7:00 P.M.) Also Present: City Planner Tooker 2. The purpose of the meeting was to discuss both of the proposed draft ordinances dealing with flood plain and wetland issues. The Commission asked questions about procedure and were comfortable with the flood plain ordinance since it is largely a refinement of existing regulations within flood prone areas. They did however suggest that someone familiar with the new legislation on wetlands review the draft before it is forwarded to the City Council. Planner Tooker indicated that he had attended two sessions on wetland legislation sponsored by Briggs and Morgan and believes that they have staff members who might be valuable resources for the development of a final draft. MOTION by Thelen, second by Gramentz to forward the proposed Flood Plain Ordinance to the DNR and the Wetland Ordinance to Briggs and Morgan for review prior to making a firm recommendation for approval of the draft ordinances to the City Council. APIF, MOTION CARRIED. 3. Member Rotty indicated that the City Council would like to meet with the Planning Commission to discuss a variety of planning issues. They suggested meeting on Saturday morning May 16, 1992 from 8:00 A.M. to 10:00 A.M. There were enough conflicts with this timing for the Commission to suggest holding a joint meeting following the regular planning commission meeting on May 12, 1992. It was agreed to the series of 'conditional use hearing should start at 6:30 P.M. with the joint session to begin at approximately 8:00 P.M. There were suggestions that discussion likely should begin with a definition of diversified housing and where within the City that if might be acceptable. Member Gramentz arrived at 7:00 P.M. 4. There being no further business, the Commission agreed to adjourn at 7:00 P.M. N:ld 4J 1/,'- Charles Tooker City Planner Approved I I I MINUTES PLANNING COMMISSION REGULAR. MAY 12, 1992 1. Chairman Hanson opened the meeting at 6:30 P.M. Members Present: Gramentz, Hanson, Rotty, Schlawin. Members Absent: Thelen (arrived at 7:00 P.M.) Also Present: City Planner Tooker. 2. Chairman Hanson asked for comments on the minutes of April 14, 1992 and said that he had two corrections that should be incorporated into those minutes. The first relates to item #9 in which a dollar amount was attached to the surety requirement and second in item 117 in which the words "to become" should be changed to determined to be. There was general agreement that these suggested changes were appropriate. MOTION by Rotty, second by Gramentz to approve the minutes of April 14, 1992 as corrected. APIF, MOTION CARRIED. 3. The Chairman opened the public hearing advertised for 6:30 P.M. based upon a request from David and Kris Akin to recognize an existing duplex at 413 8th Street. City Planner Tooker outlined the requirements for accessory apartments in the ordinance and indicated that this property satisfied all of these requirements, plus it had been used as a duplex for more than thirty years. The Commission had some questions for the applicant but there was no one in the audience who had either positive or negative comments. MOTION by Schlawin, second by Gramentz to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Schlawin to authorize the existing duplex at 413 8th Street. APIF, MOTION CARRIED. 4. Chairman Hanson opened the public hearing advertised for 6:45 P.M. requested by Jerry Ristow to build a large garage/storage building at 1014-1020 7th Street in Farmington. The City Planner reviewed the request and its history with respect to a definition of attached garages since the Commission had earlier referred Mr. Ristow to the City Building Official. Tooker indicated that neither the Building Code nor the City Code provides a definition. The issue is important to the discussion since it represents the difference between a 500 square foot garage or a 1000 square foot building. The following testimony was heard: Mr. Thurmes: Is this intended as a commercial repair shop which will utilize air tools? (He also indicated that the proposed building will be situation within a drainage channel. I oppose this large structure and I have a letter from Esther Massee indicating opposition to the project also. Jerry Ristow: I do not plan to use the building for business purposes. Leon Orr: The definition of attached and detached garages involves frost footings. Two buildings cannot be attached without frost footings that are also linked. Orville Swenson: Vernon Johnson: A 960 square foot building is the size of a standard dwelling in Sunnyside. A 12 foot side wall will make this structure look like a commercial building. Mrs. Orville Swenson: The 7th and Ash Street neighborhood is a good area. Housing is well kept. I do not want a garage of this size whether attached or detached. The area will be crowded. tOZ Minutes - Planning Commission - 5/12/92 Jerry Ristow: Each of four people living in the duplex will likely have an automobile. The area will look better if they are enclosed in a garage. Ron Thelen: A six foot approach to the garage from the alley will be too tight, particularly if the property across the alley to the west also observes only a six foot setback. I MOTION by Schlawin, second by Rotty to close the public hearing. APIF, MOTION CARRIED. 5. Chairman Hanson opened the public hearing advertised for 7:00 P.M. as requested by Francis Blaha and continued it until later in the evening. 6. Chairman Hanson said that the Planning Commission directed Mr. Ristow to work with the Building Official and the Building Official determined that the existing garage is attached. Mr. Ristow, on that basis, could have applied directly for an 800 square foot garage and this hearing would not have been necessary. Chairman Hanson: Of fidal. Member Gramentz: Member Thelen: Member Schlawin: Member Thelen: Member Schlawin: Member Ratty: Jerry Ristow: There has been a failure to communicate and a failure to provide definition. From my point of view, I would agree with the Building I would not consider the existing garage to be attached. It looks like an awning as it is not made of the same material. The existing garage is detached. But, Mr. Ristow did what we told him to do. Yes, but if the link were built as a breezeway, it would more acceptable as an attached structure. My question goes to the issue of drainage. Will this structure impede flow? Mr. Ristow, if the Building Official said that the garage were detached, would you have applied for a Conditional Use? No. I MOTION by Hanson, second by Schlawin to approve a 960 square foot garage as proposed, subject to the removal of a small storage building which is situated on the site based upon the Planning Commission directive for Mr. Ristow to seek a determination from the Building Official about the existing garage being either attached or detached. It is also necessary for the new garage/storage building to be restricted to normal residential use. VOTING FOR: Hanson, Schlawin, Thelen. VOTING AGAINST: Gramentz. ABSTAIN: Ratty. MOTION CARRIED. .' 7. The Chairman reopened the Conditional Use Hearing requested by Francis Blaha to relocate a garage within the property known as Blaha's Collision Center at 201 Spruce Street. City Planner Tooker said that currently there is nothing in the zoning ordinance that can prevent the relocation of this building but landscaping requirements call for 10% of the property to be treated as pedestrian space with an approved plan which could also involve fencing for the bodywork not yet started on. Carrol Westenberg: A recent Beautification Committee recommendation was adopted I which suggests that several downtown business uses with outside storage should be screened. I think that the new building will help an existing business, but I would like to see the storage area covered by a privacy fence. Francis Blaha: EOZ A fence will be put up, but I am waiting for the money to accomplish this. Minutes - Planning Commission - Page 3 - 5/12/92 205 I MOTION by Thelen, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. David Harmeyer: Conditional Use Requests should be based upon complete information, including a detailed site plan when needed. Without it, the Commission is abdicating its authority under the City code. MOTION by Schlawin, second by Thelen to approve the Conditional Use to enable the applicant to anchor the garage now on site which will eliminate any potential wind problems subject to the development of a site plan including landscaping which is acceptable to the Planning Commission. APIF, MOTION CAKRIED. 8. City Planner Tooker presented a request from James Powell, 9715 Wood Hill Boulevard, Lakeville, to establish a billiard hall at Townsedge Shopping Center. The question in this request is whether or not a billiard hall is a commercial recreation facility which is a permitted use in the B-1 Highway Business District. Mr. Powell explained his concept of the business and that he would like to be in business by August 1, 1992 and would, therefore, need to know by June 1, 1992 fi the proposal can be accom- modated. Both Member Rotty and Schlawin agreed that some conditions ought to be placed on the business regarding hours, outside security and age of employees. Member Rotty suggested that a determination of this use should be delayed until Mr. Powell had worked out a lease agreement with Paster Enterprises. 9. The Chairman called upon Mayor Kuchera to open the joint session with the City Council on a variety of land use issues. Mayor Kuchera opened the joint session at approximately 8:30 P.M. which continued for approximately 2 hours. I 9. There being no further business, the Planning Commission meeting adjourned at 10:30 P.M. tY~d 4! 1),11- Charles Tooker City Planner Approved I I I I 209 MINUTES PLANNING COMMISSION REGULAR. JUNE 9, 1992 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Hanson, Rotty, Schlawin, Thelen, Gramentz. Members Absent: None. Also Present: City Planner Tooker. 2. The Chairman asked for comments on the minutes of April 21, 1992. Member Rotty indicated that item #2 was seconded by Schlawin not Gramentz. Member Schlawin agreed. MOTION by Ratty, second by Thelen to approve the minutes of April 21, 1992 as amended. APIF, MOTION CARRIED. 3. Member Rotty asked about progress on Design Standards and a definition which will better identify attached versus detached garage buildings. Tooker indicated that research was still in progress. 4. The Chairman opened the public hearing advertised at 7:00 P.M. regarding the request from Todd Schmidt for a conditional use to operate a print shop home occupation at 716 1st Street. Chairman Hanson asked about chemicals used in the process and Mr. Schmidt appeared not to understand the point. City Planner Tooker said that after the question was raised by the Chairman, he discussed the issue with one of the owners of Gold Star Printing in Lakeville. The printer reported that any time camera work or typesetting is done, the chemicals used in the process are categorized as hazardous waste and must be stockpiled until the volume will justify pickup by a waste hauler. The operator of such a business must obtain a hazardous waste number from Dakota County. Member Thelen was concerned about adequate ventilation in the print shop since the owner will also be living there. Member Schlawin was concerned about combustible solvents that are used in the printing process. MOTION by Schlawin, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Thelen, second by Gramentz to approve the home occupation conditional use for a print shop to be located within 716 1st Street subject to the applicant securing and presenting to staff a hazardous waste number from Dakota County and seeking a review of the on site materials by the City Fire Marshal. If either of the conditions cannot be met, the applicant shall be required to return to the Planning Commission for additional consideration. APIF, MOTION CARRIED. The Chairman asked the City Planner to contact the Fire Chief regarding his reaction to the use of flammable material in the printing business. 5. Chairman Hanson opened the discussion of Billiard Parlors as a commercial recreation use in the B-1 Business District. He thanked Mr. Powell for preparing the operational plan for his proposed business which would be conducted within the Townsedge Center. City Planner Tooker said that the plan presented attempted to respond to questions raised during the meeting of May 12, 1992 regarding interior layout and both interior and exterior control of the premises. In addition, the plan asks for hours of operation which Mr. Powell believes to be necessary for his proposed business. Mr. Powell added that he would like to operate from 11:00 A.M. until 4:00 A.M. on a trial basis and that if problems do occur, would expect a reduction of the early morning hours. When asked about drinking and gambling, Mr. Powell indicated that there will be no drinking of alcoholic beverages and anyone who has been drinking to excess elsewhere will be asked to leave. Anyone over the age of 16 will be permitted to smoke cigarettes and tournament play will be encouraged. There will, however, not be any active promotion of gambling. MOTION by Hanson, second by Rotty recognizing billiards as a use included under the term commercial recreation and that the management plan submitted by Mr. Powell 210 Minutes - Planning Commission - 6/9/92 - Page 2 will be kept on file as a guide for business regulations which should be drafted I for inclusion in the City Code. The proposed hours of operation, 11:00 A.M. to 4:00 A.M., are acceptable on a trial basis for six months or until changed by the City Council when amending the City Code. APIF, MOTION CARRIED. MOTION by Schlawin, second by Thelen requesting that the City Council empower the City Attorney to develop business regulations for billiard parlors reflecting the operational plan for proposed billiard parlors developed by Mr. Powell. APIF, MOTION CARRIED. 6. City Planner Tooker presented a request from a current day care provider in Farmington for an interpretation of the Dakota County Estates PUD regarding the possibility of including a day care center in the existing strip center between 182nd and 183rd Streets. He pointed out that the approved PUD shows a day care center at the south end of the property but not in the strip center. The question to be resolved is whether or not such a change in the PUD would be considered major or minor. The general direction of the discussion pointed toward reviewing the change as major which would require action by the City Council. 7. The Chairman then brought up for discussion the minutes of the meeting of May 12, 1992. There was some feeling that the Planning Commission minutes should reflect more of the discussion that took place during the joint session with the City Council. A more general sentiment expressed was that if the Planning Commission is indeed participating in a joint meeting with the City Council, the members present should be recognized other than by individual comments made during the discussion. MOTION by Schlawin, second by Rotty to approve the minutes of May 12, 1992 as published. APIF, MOTION CARRIED. 8. City Planner Tooker asked the Commission its intent regarding the Blaha con- I ditional use request. The minutes specify a landscape plan as a condition of approval which will be accepted by the Planning Commission without a time line. In general discussion, it was agreed that the Planner should receive a plan in time for review and dialogue with the applicant prior to having it mailed in the agenda report. MOTION by Schlawin, second by Rotty to require that Mr. Blaha submit a landscape plan for his conditional use by the end of June in order for it to be reviewed by the Planning Commission at its regular meeting in July. APIF, MOTION CARRIED. 9. Chairman Hanson asked if Sauber Plumbing was granted extensive curb cuts in front of its building on 3rd Street. Normally, access is limited to driveways of a specific width. He also questioned the lack of any landscaping requirements when the building was expanded, suggesting that the expansion may have taken place after the ordinance was changed. City Planner Tooker said that he would investigate both questions. 10. Chairman Hanson asked if the Commission would like to discuss the Wetland Ordinance or if it would rather defer the subject until July. It was agreed that a July discussion would be preferable. 11. City Planner Tooker said that the 84 lot preliminary plat of Silver Springs approved by the Planning Commission in October was divided into two phases by the City Council. The first phase was approved by the Council in February with the Developers Agreement being approved on February 18, 1992. The developer has I now requested the approval of the second phase of approximately 40 lots. The public hearing for the plat originally planned for June 15th has been rescheduled on July 6, 1992 due to an advertising mix up. I I I Planning Commission Minutes - 6/9/92 - Page 3 12. City Planner Tooker indicated that because prior to scheduling agenda items, it may become be available twice each month rather than once. be available for second meetings as long as they evening when needed. The fourth Tuesday of each purpose. 211 of a need for complete information necessary for the Commission to Members agreed that they would occur on a specifically scheduled month will be set aside for this 13. There being no additional business, the Commission agreed to adjourn at 8:50 P.M. Submitted by, N~ rf! t$f' ~ Charles Tooker City Planner Approved 213 I MINUTES PLANNING COMMISSION REGULAR. JULY 14, 1992 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 June 9, 1992. MOTION by Thelen, second by Schlawin to approve the minutes of June 9, 1992 as printed. APIF, MOTION CARRIED . I 3. The Chairman recognized Francis Blaha who presented a sketch of his landscaping concept for the Collision Center that he operates on Spruce Street. City Planner Tooker indicated that the plan does not meet requirements of the ordinance since it is not drawn to scale. It also falls far short of the ordinance requirement of 10% landscaped greenspace within the downtown. Several questions were raised about the need for landscaping for a use that could be temporary and about the land area to be used for calculating the 10%. Tooker indicated that in the past there has been some flexibility in interpreting where the green space might be. For example, Lampert's purchased railroad property from the HRA and provided funds to landscape land not purchased adjoining their site. They also agreed to plant boulevard trees and grass between the sidewalk and street on the Spruce Street frontage. Following a lengthy discussion, Mr. Blaha agreed to furnish a scaled drawing of the entire site and City Planner Tooker indicated his willingness to provide landscape recommendations which will go first to the Development Committee of the staff prior to being presented to the Planning Commission. MOTION by Rotty, second by Schlawin to extend the site plan deadline until the end of July to give Mr. Blaha the opportunity to work with the City staff prior to the August meeting of the Planning Commission. APIF, MOTION CARRIED. 4. The City Planner reviewed the population projections prepared by the Metropolitan Council staff noting that while they generally agree with prior projections developed by the City staff, they do not reflect current developer interest in Farmington, with particular emphasis on the Sienna Corporation proposal. 5. The City Planner asked for comments on the wetlands ordinance which was prepared earlier. Chairman Hanson raised several issues, the most important of which involved the way to interpret non-conforming parcels in Section 10-9-5: (D)l. It was agreed that any portion of the should be changed to the buildable area of~. Other comments suggested exemptions for vegetation considered to be a public nuisance. With these changes, the Commission agreed that the text should be forwarded to the City Council even though the map to accompany the ordinance has not yet been prepared. MOTION by Schlawin, second by Gramentz to forward the draft of the Wetlands Preservation Ordinance to the City Council with noted changes for their consideration. APIF, MOTION CARRIED. 6. There being no further business, the Commission agreed to adjourn at 9:00 P.M. {J!:Z:e4!'1J,~ I Charles Tooker City Planner Approved 215 I MINUTES PLANNING COMMISSION REGULAR AUGUST 11, 1992 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Gramentz, Hanson, Thelen. Members Absent: Rotty and Schlawin. Also Present: City Planner Tooker. 2. The Chairman asked for comments on the minutes of July 14, 1992. MOTION by Gramentz, second by Thelen to approve the minutes of July 14, 1992 as prepared and mailed. APIF, MOTION CARRIED. 3. Chairman Hanson indicated that one of the discussion items would be delayed at least until the next meeting since the interested party was required to be out of town. The beauty shop in the home of Sandy Yule at 900 Maple Street will, therefore, be discussed at a later date. I 4. The Chairman recognized Pat and Bobbi Devney of 4900 203rd Street West who requested consideration of a height variance for a two story play house which was built on the Devney farm and brought to the Pine Knoll plat following their recent purchase of the property. The members present described in various ways why the building is inappropriate in the neighborhood. Mrs. Devney suggested that other playhouses in the neighborhood are as tall as the one they brought in. The Chairman asked specifically for names and addresses but the Devney's declined to elaborate. In essence, the Chairman told the Devneys that a variance is not possible because there is nothing unique about the property which would justify changing the height requirement. The City Council could change the height limit but until they do, the play structure would need to be removed or somehow reduced in height. The Devneys indicated that they would like to review their options and return later with a specific request. The Commission agreed that nothing needed to be decided until the September meeting. I 5. City Planner Tooker reviewed the staff proposal for landscaping of the conditional use granted to Francis Blaha to move a metal garage onto the property at 201 Spruce Street. He said that the staff revised the landscape proposal mailed with the agenda to allow a drive through dropoff for the small engine repair business situated at the front of the building. The Chairman asked Mr. Blaha if he had seen the proposal and if it is acceptable. Mr. Blaha responded that he had seen it this morning when it was discussed by the staff Development Committee. He also said that he was not happy with it, but would follow it. The Chairman asked why this planting plan was so important for a use that would be there only as long as the HRA does not have another use for the block. He also suggested that there are many other portions of the City Code which are not being enforced currently. Enforcement of this plan makes little sense in the Chairman's opinion. City Planner Tooker said that the landscape plan became a requirement as soon as the Commission granted a conditional use to move the garage to this site. Regarding lack of enforcement of the City Code, Tooker asked the Chairman to supply a list of enforcement issues a week prior to the next meeting of the Commission and he would see to it that the individuals responsible were present to discuss them. Chairman Hanson said that he would provide the list. Member Thelen stated that there is a need for this type of business, but the downtown area is not an appropriate location. Member Gramentz indicated that the code establishes planting guidelines so that improvements can be made to the environment as the City is developed. MOTION by Gramentz, second by Thelen to accept the planting plan as revised by the City staff which will provide street trees along the Spruce Street frontage which will be in line with those at the Senior Center. His motion was expanded to include 216 a 6 foot cyclone type fence with slats to screen out di~led parked vehicles in the location requested by Mr. Blaha. VOTING IN FAVOR: Gramentz, Thelen. OPPOSED: Hanson. MOTION CARRIED. The discussion then turned to the timing of improvements. Member I Thelen suggested that the planting should be accomplished by May 1, 1993. But, following extensive negotiations with Mr. Blaha, the following was adopted. MOTION by Thelen, second by Hanson to place a completion date of August 1, 1993 for all of the planting and fencing indicated on the two sites. VOTING IN FAVOR: Hanson, Thelen. OPPOSED: Gramentz. MOTION CARRIED. 6. Chairman Hanson suggested that the Very Low Density Housing option in the draft Comprehensive Plan and Zoning Ordinance should be delayed until all members could participate. This was the consensus of those present. 7. Chairman Hanson asked for a motion to amend the City Zoning Ordinance by eliminating manufactured housing as a permitted use in the R-4 Mixed Code District. MOTION by Gramentz, second by Thelen to forward a recommendation to the City Council eliminating manufactured housing/mobile homes as an option in the R-4 Mixed Code District. APIF, MOTION CARRIED. 8. The members present agreed to adjourn at 8:30 P.M. Submitted by, &~ 1! 11,'- Charles Tooker City Planner I Approved I I I I 217 MINUTES PLANNING COMMISSION REGULAR. SEPTEMBER 1.- 1992 <g 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Gramentz, Hanson, Schlawin, Thelen. Members Absent: Rotty. Also Present: City Planner Tooker 2. Chairman Hanson asked for comments on the minutes of August 11, 1992. MOTION by Thelen, second by Gramentz to approve the minutes as distributed. APIF, MOTION CARRIED. 3. The Chairman recognized Sandra Yule and Roger Shirley who were not listed on the agenda but who came in support of a letter mailed to the Chairman by Ms. Yule. The issue was whether or not replacement help hired by Ms. Yule while she was on vacation constituted a two chair beauty salon. Ms. Yule had been granted a home occupation permit in 1976 to operate a beauty salon in her home. In 1980, the City Council amended the ordinance limiting home occupations to residents of the premises. Ms. Yule had earlier submitted a letter from someone who said that they were an employee in the late 1970's. There has been no other confirmation of employees. Mr. Shirley indicated that his wife had substituted for Ms. Yule while she was on vacation and that there have been high school girls in the shop providing hair washing service. When asked if there was documentation in the form of tax records, Ms. Yule said that those who worked in the shop were individual entrepreneurs and not employees. Planner Tooker said that the discussion was related to a requirement of the ordinance which eliminated nonconforming uses if they cease to exist for one year. Member Gramentz said that he was not in a position to make a judgement about employment patterns over the years without some additional information being supplied by the applicant. Member Schlawin asked Ms. Yule if she had evidence that there were others working in the shop over the past twelve years. Ms. Yule answered yes. MOTION by Schlawin, second by Hanson that it is the understanding of the Planning Commission that the beauty shop has been in existence with two stations including one non-family operator since 1976 and that this use should be allowed to continue. VOTING FOR: Hanson, Schlawin, Thelen. VOTING AGAINST: Gramentz. MOTION CARRIED. 4. Chairman Hanson recognized HRA Director Henricks who had submitted a rezoning request for Lots 7 & 8, Block 18, Town of Farmington from R-3 PUD to B-2. Mr. Henricks said that the dental clinic operated by Drs. James and Kimberly Harms will move to this site if a zone change is approved and a new office building is erected. The Chairman and Member Schlawin were concerned about the remainder of the block and not in favor of rezoning only two lots that are not linked with the existing downtown zoning. Another concern of members present was that a public hearing, if scheduled, should begin at 7:00 P.M. rather than at 6:00 P.M. as recommended by staff, even though it will conflict with an anticipated meeting with the Design Center Staff and representatives from Sienna Corporation. MOTION by Gramentz, second by Thelen to set a public hearing to discuss rezonings Lots 1-12, Block 18 and Lots 4-6 and a portion of Lot 7, Block 25 from R-3 PUD and B-3 to B-2 for 7:00 P.M. on September 29, 1992. APIF. MOTION CARRIED . 5. The Chairman introduced the subject of the Pat and Bobbi Devney playhouse on 203rd Street. Following a brief discussion, City Planner Tooker was instructed to send a letter stating that the building in question is too tall and that the Devneys have until October 13, 1992 to bring it into compliance with the Zoning Code. ,. ,~~,~~ ~ ", .. 'Wo, 218 Planning Minutes - 9/8/92 - Page 2 6. City Planner Tooker reviewed the very low density housing option introduced by the City Council indicating that if approved in concept, the City staff would forward I wording to the Metropolitan Council staff for comment. MOTION by Thelen, second by Gramentz to forward the information prepared on Very Low Density Housing to the Metro- politan Council staff for their review. APIF, MOTION CARRIED. 7. The Commission then briefly discussed the possibility of raising lot size requirements within the R-1 District. While some comments were shared that favored such a change, the group agreed that perhaps the issue could be raised later when the Comprehensive Plan update occurs. 8. Chairman Hanson expressed concern about follow through on various actions that have been taken by the Commission as follows: a. James Pluntz -20226 Akin Road. An existing detached storage shed was to have been removed as a condition for allowing the 1000 square foot detached garage. City Planner Tooker was instructed to send a letter indicating that the storage shed must be removed by October 13, 1992. b. Clayton and Alice Nielsen - 508 1st Street. The process of reviewing the Nielsen duplex and the single family dwelling now under construction brought to light the fact that 6000 square foot lots in the R-2 District need a larger building coverage than 20%. MOTION by Schlawin, second by Thelen to recommend that the City Council authorize an increase of building coverage within the R-2 District of 10% or from 20% to 30% as was previously done within the R-4 District. APIF, MOTION CARRIED. c. Francis Valek - 607 Oak Street. A 12' x 18' building that was to have been removed I in the process of building a 990 square foot garage at this address in 1991 is still in place. City Planner Tooker was instructed to send a letter requiring removal of the shed by October 13, 1992. d. Gordon and Twyla Chant - 621 Oak Street. An off street parking slab on the lawn in the 7th Street front yard was to have been removed as a condition of permitting the 1990 construction of an accessory apartment above the garage. City Planner Tooker was instructed to send a letter requiring removal of the slab by October 13, 1992. e. Mid America Dairymen - 28 4th Street. A body shop at this address was converted to a cheese store in 1987 subject to the paving of a lot capable of parking five auto- mobiles as presented in the site plan. This has not been accomplished. City Planner Tooker was instructed to send a letter indicating that arrangements must be made to pave the parking lot as per plan by October 13, 1992. f. As a result of reviewing the history of Sauber Plumbing, Dakota Lumber and Lamperts, the Commission agreed that it will not accept applications for conditional uses without a professional site plan, and that any approvals will be based upon a specified time limit and required surety. g. A review of the record shows that while Lamperts was told about the need to submit a conditional use application following rezoning, it was neither submitted nor recognized by the staff. This lack of action could require an after the fact hearing or, as suggested by the City Attorney, some recognition by the Commission that since a rezoning hearing took place with proper notification and a site plan was presented, the intent I of the ordinance had been followed if not the actual procedure. MOTION by Gramentz, second by Thelen to recognize that Lamperts is an acceptable conditional use based upon the rezoning hearing which took place in January of 1992. APIF, MOTION CARRIED. tV~: ~~z::.er business. the meeting adjourned at 9:30 P.M. O/1~d ()U) ~ VU /0/ (31 ~ Charles Tooker, City Planner 219 I MINUTES PLANNING COMMISSION SPECIAL SEPTEMBER 29, 1992 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Hanson, Rotty, Schlawin, Thelen. Members Absent: Gramentz. Also Present: City Planner Tooker, HRA Director Henricks. 2. The Chairman opened a public hearing advertised for 7:00 P.M. which was requested by both Drs. Harms to rezone Block 18 and 25 west of ,the railroad right of way from R-3 PUD and B-3 to B-2 to enable the construction of a dental clinic building at the corner of First and Elm Streets. City Planner Tooker said that the original request included only Lots 7 and 8 of Block 18, property that the Harms wished to purchase. However, the Planning Commission asked to have the request expanded so that it would join the existing B-2 District. I Two neighboring property owners appeared asking questions about the improvement of First Street. They appeared to have no problem with the proposed expansion of the Downtown, but indicated that they could not afford assessments which might be placed on their property for the improve- ment of First Street. Chairman Hanson introduced some Planning Commission minutes generated by a discussion of the plan for an entire strip center at this site which also included a professional office. He said that questions were raised about this site for commercial use which have not been answered. Housing and Redevelopment Authority Director Henricks presented the proposed building plan and character sketch of the office and Dr. James Harms explained building details and the potential expansion of employment options in Farmington as a result of this construction. Member Rotty asked if the HRA is agreeable with proceeding to construct the new dental clinic without any improvements to First Street. Mr. Henricks said that the HRA Board is comfortable that the new owner will pay assessments on all street improvements which benefit the property. Chairman Hanson asked why the dental office is not trying to locate down- town and what about another professional office that was previously turned down 2 to 3 years ago by the HRA at this location. Dr. Harms said that they are not interested in the downtown and Mr. Henricks said that the previous proposal occurred before there was an overall use proposed for these two blocks. MOTION by Rotty, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Thelen to forward to the City Council a recommendation that all of Block 18 and 25 east of the railroad right of way should be rezoned from R-3 PUD and B-3 to B-2. VOTING IN FAVOR: Ratty, Schlawin, Thelen. OPPOSED: None. ABSTAIN: Hanson. Mr. Hanson indicated that his abstention was based on the fact that he does business with Drs. Harms. 3. There being no further business to conduct, the meeting was adjourned I at 7:30 P.M.. Submitted by, tY~ 4!1J,~ Charles Tooker City Planner Approved /O/I:)/q2- (, /' 221 I MINUTES PLANNING COMMISSION REGULAR. OCTOBER 13, 1992 1. Chairperson 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 submitted with the agenda packet. Member Thelen indicated that the minutes of September 8th needed to be changed to reflect the correct date. MOTION by Schlawin, second by Thelen to approve the minutes of September 8, 1992 as corrected. VOTING FOR: Gramentz, Hanson, Schlawin, Thelen. ABSTAIN: Rotty. MOTION CARRIED. MOTION by Thelen, second by Rotty to approve the minutes of September 29, 1992 as presented. APIF, MOTION CARRIED. I 3. The Chairman opened the public hearing advertised for 7:00 P.M. to discuss the request for rezoning, conditional use and variance for the proposed Rosebrier Apartments on Oak Street. City Planner Tooker said that because the developer did not supply the list of names and addresses of property owners within 350 feet prior to the meeting, staff has been advised by the City Attorney to allow only those people who have read the notice in the newspaper to be heard. A new hearing will need to be advertised in order that nearby property owners will have been given adequate notice of their opportunity to participate. Because no one did appear to discuss the proposal, Commission members indicated concerns about the project, including the size of the units and the potential for mixing older adult families with younger people who do not share the same values. The City Planner suggested that because three agencies will be dealing with various aspects of the project, perhaps all three should discuss it together with the developer present. He said that the suggestion had been presented to two Council members who thought that such a meeting would be beneficial. MOTION by Schlawin, second by Gramentz to continue the hearing until November 10, 1992 to allow staff adequate time to mail notices to adjoining property owners. APIF, MOTION CARRIED. 4. The Commission then decided to deal with the need for extra meetings to discuss the Rosebrier proposal as well as other land use issues. It was generally agreed that a meeting between the City Council, HRA and Planning Commission should be held prior to the continued hearing on Rosebrier. MOTION by Gramentz, second by Thelen to hold a special meeting on Tuesday, October 27, 1992 to enable the three City agencies to meet with the developer of Rosebrier Apartments in order to provide everyone the same information prior to the hearing on November 10, 1992. APIF, MOTION CARRIED. City Planner Tooker indicated that the City Council had suggested meeting with the Planning Commission again on land use issues to follow up on discussions held late last Spring. One possible date suggested was the regular meeting night of the Planning Commission after the regular agenda is complete. Member Rotty suggested that this was not a good idea as the hearing already scheduled could be long and that the discussion might inter- fere with more general deliberations. While not all members were positive they would be available, it was generally agreed that the Tuesday prior to Thanksgiving, November 24, 1992 at 7:00 P.M. would be a good time for this meeting. Planner Tooker said that he would forward this proposal to the City Council. I 5. The Chairman then recognized Trent Larson of 19025 Echo Lane who had built a storage shed two feet wider and four feet taller than is permitted in the Zoning Ordinance. Mr. Larson asked about the possibility of keeping the structure since it was built in such a way that it would need to be completely taken down if it had to comply with existing code. Chairman Hanson suggested that it could be defined as a garage and a building permit secured since no other accessory building exists on this site. 222 Minutes - Planning Commission - Page 2 - 10/13/92 Mr. Larson said that the Building Official has said that in order for it to be con- I sidered a garage, it would need an overhead garage door. Other Commission members disagreed and said that there are many door styles that still function as garage doors that are not overhead doors. There was general agreement that the ordinance should be revised to better convey the difference between storage sheds and garages and that this possibly can be addressed in the discussion on design standards. MOTION by Gramentz, second by Thelen to approve the request of Trent Larson to exceed the volume requirements of a storage shed since any building exceeding 120 square feet which requires a building permit and is capable of storing a licensed motor vehicle does not necessarily require an overhead garage door where only one such accessory building per building lot i.s involved. VOTING IN FAVOR: Gramentz, Hanson, Sbhlawin. Ibelen. ABST~nh RottJ'. MOTION CARRIED. 6. Chairman Hanson then moved the discussion to a request from Donald Youngkrantz at 512 6th Street to build a shed at the rear of his garage utilizing the existing setback and with this addition covering up to 30% of his lot area. MOTION by Thelen, second by Gramentz to set a public hearing for November 10, 1992 on the side yard variance anticipating that the City Council will accept the Planning Commission recommendation to allow 30% land area coverage within the R-2 District if Mr. Youngkrantz completes an application. APIF, MOTION CARRIED. 7. The Chairman asked for comments on the staff report regarding conditional use desig- nation for all utility transmission lines. This was added to an earlier consideration for moving public and private schools plus churches from permitted to conditional uses in all residential and agricultural districts and to move funeral homes from the permitted use column to conditional uses in the R-3 District. The Commission did not believe I that they had enough information to act on the utility transmission lines, but were in agreement with the other recommendations. MOTION by Gramentz, second by Rotty to recommend removal of churches and schools from the permitted use list in the agricultural and residential districts to conditional uses and a similar move for funeral homes in the R-3 District. APIF, MOTION CARRIED. 8. In view of the problems created by neglecting to place a time frame on implementation of all conditions of a conditional use approval, the Commission began to consider a reasonable time frame within which all conditions should be fulfilled. It was the consensus of the Members that a six month time frame would be reasonable in most instances. 9. The Commission than turned to the requests from Francis Valek and James Pluntz for a time extension on completing the conditions for their conditional uses and Pat Devney for the reduction in size of his storage shed. Based upon the discussion in item 8 above, the Commission agreed that the deadline should be extendedt~JMay 1, 1993 and the problem issues turned over to the legal staff if this extension does not handle individual needs. Mr. Tooker is to inform the applicants and to further inform Mr. Pluntz that the condition to remove his extra shed stands. 10. There being no further business, the meeting adjourned at 9:45 P.M. Submitted by, t?t'~ 1! ~L Charles Tooker City Planner Approved I 223 I MINUTES PLANNING COMMISSION JOINT SPECIAL WORKSHOP OCTOBER 26, 1992 1. Chairman Hanson called the meeting to order at 6:00 P.M.. Members Present: Gramentz, Hanson, Rotty, Schlawin, Thelen. Member Absent: None. Also Present: City Planner Tooker, HRA Director Henricks, City Administrator Thompson, Members of the City Council, City HRA and the Staff Development Committee. 2. Larry Thompson outlined the need for a joint session to focus the collective attention of the City Council, Planning Commission and HRA on two major HRA projects and two policy issues confronting the Planning Commission and City Council. The format of the meeting is for the group to discuss the projects separately and to provide an over- view of the general direction to be taken by the City in dealing with each one. 3. The first issue covered involved the proposal of Moleski Associates to build a 45 unit apartment building on Oak Street known as Rosebrier Apartments. It was clear from the discussion that the proposal currently under consideration is unacceptable since it does not address the Ostlie property. While the group generally favored senior housing, it generally opposed City ownership. There was sentiment in favor of adult housing since it would become taxable real estate. It was agreed that fewer variances would be necessary if the Ostlie property was added to the project. I 4. The second issue discussed was the proposed expansion of the business district known as Elm Park also to be developed by Moleski and Associates. One major thrust of the discussion involved Main Street and the possible future need for an improved railroad crossing. It was the consensus of those present that a replat should indicate a Main Street crossing of the railroad and a temporary turnaround to provide service access to the grocery complex. Those present approved of the potential conversion of Erickson's store to a library and suggested that the new grocery complex building design compliment the new dental clinic being built on Elm Street. A point was made to indicate that, to date, the plans for this facility have been loose. There are no current building elevations or a site plan which includes landscaping. All must be in place reasonably soon if the developer hopes to meet the HRA deadline of April 15, 1993, the last day for initial construction of this center. 5. The very low density housing discussion focused upon the southwest area of Farmington as an appropriate location since a development of this type would be less likely to create a fence that would block future utility extension. The land in that general direction is low lying and much of it is within the General Flood Plain District. Because of this, a low density project could use density transfer as a way to provide relatively small lots without a concern about development rights on the adjoining flood plain. Councilmember Orr reminded staff that this work should receive a relatively high priority since land in the Agricultural Districts have been placed under a development moratorium. 6. City Planner Tooker briefly outlined a proposed draft of an ordinance amendment which would add design standards to the existing development requirements of the City. Councilmember Rotty suggested that both the City Building Official and private developers might be able to offer valuable input into the subject of design standards. I 7. There being no additional items for discussion, the Commission adjourned at 10:20 P.M. /JImifJed ~ /f) ~ ~~h~To~~r,~~ty Planner Approved 225 I MINUTES PLANNING COMMISSION REGULAR. NOVEMBER 10, 1992 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 October 13 and 26th, 1992. MOTION by Rotty, second by Thelen to approve the minutes of October 13 and 26 as distributed. APIF, MOTION CARRIED. 3. The Chairman asked for a motion to close the hearing regarding rezoning, a conditional use and several variances for Rosebrier Apartments which was opened during the October 13, 1992 meeting since a new hearing had been advertised for this meeting. MOTION by Schlawin, second by Thelen to close the public hearing advertised for 7:00 P.M. on October 13, 1992 regarding Rosebrier Apartments. APIF, MOTION CARRIED. I 4. Chairman Hanson then opened the hearing advertised for 7:00 P.M. regarding a 45 unit apartment building proposed by Elm Park Limited, Inc. to be located on the south half of Block 17 northeast of the intersection of First and Oak Streets. City Planner Tooker said that the purpose of the hearing is to discuss the rezoning of Lots 8 and 9, Block 17; a conditional use to build the apartment structure on Lots 8-13, Block 17; and four variances associated with the proposal on this site. A major factor in the proposed development includes the future disposition of Oak Street and the proposed expansion of Lamperts. As pointed out by the City Planner, Oak Street will have no purpose other than to provide access to this apartment building and the alley to the north once Lamperts expands. Assuming that this happens, the site, together with the Oak Street right of way, is capable of providing 71 parking spaces, which exceeds the ratio of 1:5 spaces per unit. In addition, this combination of street right of way and the site would be capable of accommodating 39 units based upon an overall density of 20 units per acre. The variances being requested would therefore be reduced to one half of a parking space for each unit and a density increase of 6 units. Both variances are considered to fulfill the intent of the ordinance since the project promotion is being targeted to adults 55 years or older. The third variance is also possible to justify since it involves a front yard setback which duplicates other front yard setbacks on the same side of the street in the same block. Member Schlawin indicated an interest in rezoning the entire block to the south which includes Lampets, in addition to the two lots in this request. Member Rotty asked if the Commission had.ever utilized a City street before in helping to justify a variance with respect to density. Tooker said that he was not aware of another example but Oak Street is never going to lead to anything but this apartment building. Rotty indicated that an additional railroad crossing might be contemplated in the future. Chairman Hanson raised questions about density. Tooker responded that the Commission in the past had made a recommendation to the HRA which would increase densities for privately financed apartment construction which would more closely reflect the densities allowed for elderly and handicapped housing. Hanson said that because the ordinance was not changed for another downtown development, a change here would be inconsistent. There were additional questions about the McCann and Ostlie properties. The Chairman said that he would be reluctant to recommend rezoning.until the future of this project was more assured. Tooker said that the only question currently from the staff is the lack of a site plan. Based upon that lack, the staff recommendation is to table the request. MOTION by Rotty, second by Schlawin to continue the hearing until December 8,1 992 at 7:00 P.M.. APIF, MOTION CARRIED. I 226 Planning Minutes - 11/10/92 - Page 2 5. The Chairman directed discussion to a letter from Mid America Dairymen, Inc. asking for consideration of the type of business now in place at 28th Fourth Street when re- I viewing criteria of the conditional use granted to Ed Gieseke. Members believed that the parking area specified in the conditional use is not necessary. MOTION by Gramentz, second by Thelen to remove the requirement for paving five additional off street parking spaces for 28 Fourth Street based upon a demonstrated lack of need. APIF, MOTION CARRIED. 6. City Planner Tooker discussed the request firom Steve Simon for informal consideration of a rezoning of the vacant lot at 309 Pine Street from B-3 to R-2. Tooker indicated that such a change would constitute spot zoning since the rest of the block would continue to be classified as business. Harvey Snyder and Steve Simon were in attendance to discuss the request. They suggested that perhaps the zoning map was inappropriate since nothing has happened on this lot in 25 years. The City Planner said that a similar argument was made in the Oak and First Street area. After changing the zoning from Business to Residential, there have been several requests to change it back to the original business classification. An example of this is the previous agenda item regarding the rezoning of Lots 8 and 9, Block 17. Member Schlawin suggested that the Commission is attempting to look at long range issues and, ultimately, the area appears to be appropriately zoned based upon the uses that are existing. Chairman Hanson said that he would consider residential use if other properties were involved. It was the consensus of the members that a rezoning of this lot is inappropriate at this time. 7. Chairman Hanson opened the public hearing advertised for 7:30 P.M. which was requested by Craig Bongard for a conditional use to rebuild an equipment maintenance and storage building for his trucking business in the northeast quarter of Section 25 east of County Road 31. City Planner Tooker explained that the original conditional use was granted 16 years ago and the ordinance has changed significantly since. Therefore, a new con- I ditional use permit is required since portions of the existing use became non conforming as the City Zoning Code changed. The major change involves the requirement for paved parking lots. Mr. Bongard suggested to the staff that an asphalt surface would break up very quickly due to the excessive weight of loaded trucks which are sometime parking for short periods of time. His alternative is to spread a 9" layer (minimum) of crushed concrete over the existing gravel fill. Lois Swanson - 20551 Akin Road - Trucking traffic on County Road 31 is a problem and particularly the maneuvering in and out of Bongards which has an access directly across from my driveway. Ken Gerdts - 20380 Akin Road - Traffic on County Road 31 is a problem. Perhaps the speed limit could be reduced. But in defense of the uses, the City should do what it can to support private business. Jim Bates (Representing Mr. Bongard) - In my opinion the issue here should be, what does Mr. Bongard have to do to rebuild the structure? The use has not changed from when it was transferred to the trucking use. Only the requirements for parking areas have changed. Bongard's have a substantial investment in the property which would be lost if the Commission decides against this use. Member Gramentz Have you read the City code? It says that if the proposed use of property is noxious to neighbors, there would be a reason to reject the conditional use. Has Mr. Bongard considered moving to the industrial park? (Answer: Yes, it would not be feasible.) I Planning Minutes - 11/10/92 - Page 3 227 I Member Schlawin - How many more trucks are you running today than orginally? How many times are trucks left running overnight? How many more trucks do you intend to add? Mr. Bongard - We started with 5 and now have 15. We do not expect to add any more as we try to schedule 7 on the way out, 7 re~ and 1 in the shop. The refrigerator trucks are left running overnight or for a couple of days at a time during the summer. 8. Chairman Hanson opened the public hearing scheduled for 8:00 P.M. regarding the conditional use requested by the Reisingers. The hearing was continued until later in the meeting. 9. Craig Bongard suggested that the Commission schedule a time when they could come to the site and he would arrange to leave 5 trucks running. This was to illustrate his confidence that noise is not a problem after Commission Member Gramentz read portions of a letter from Michael Haley who opposes the conditional use. MOTION by Schlawin, second by Rotty to close the public hearing. APIF, MOTION CARRIED. Chairman Hanson indicated that there were two issues; one being the requirement for paved surfaces of all parking lots, and the other being the harmony between this use and the neighborhood. The Commission agreed that the paving issue would require a zoning ordinance change and that conditions likely could be placed on this use that would allow it to blend with the neighborhood. MOTION by Gramentz, second by Thelen to continue the discussion of the conditional use until the next meeting to give staff time to investigate crushed concrete surfacing and the Council an opportunity to indicate if it would be willing to amend the zoning ordinance with regard to certain parking lot surfaces. APIF, MOTION CARRIED . I 10. Chairman Hanson returned to the discussion of the conditional use requested by James and Therese Reisinger to operate an equipment maintenance and storage area for Mrs. Reisinger's business in the northeast quarter of Section 25, immediately north of Bongard Trucking. City Planner Tooker reviewed the staff report which concludes with the comment that if approved, this conditional use will expand a commercial/industrial use that is not recognized in the City's Comprehensive Plan. Once again a central issue is the requirement for all parking lots to have a paved surface involving either asphalt or concrete. A question about harmony with the neighborhood was raised by John Wagner, attorney for the Reisingers, with a direct reference to all of the plant material that separates the parking lot from County Road 31. City Planner Tooker responded that this material works in the summer when leaves are still on the stem, but the four evergreen trees proposed in the site plan will do little to separate the use from its surroundings during winter months. Mr. Wagner then asked if anyone other than the City Planner opposes this use. He indicated that he has been in contact with the Planner for the past six months and was made to believe that all that was necessary was a site plan. Since Mr. Tooker has recommended against the conditional use, why did he not say so six months ago? Tooker asked in return how many decisions Mr. Wagner has made in the past without access to all of the information. Chairman Hanson made a special point to remind members of the Commission that other conditional uses have come before the group that involved trailers which were converted to office space. Lois Swanson of 20551 Akin Road said that she is concerned about automobile traffic to the site as she counted 15 headlights leaving the site this evening after returning home from work. MOTION by Schlawin, second by Ratty to close the public hearing. APIF, MOTION CARRIED. Chairman Hanson summarized the issues as falling into three main categories as follows: I a. Parking lot surfacing requirements in the zoning ordinance. b. This is a request for a new conditional use compared with the Bongard request which would continue an existing use. 228 Planning Minutes - 11/10/92 - Page 4 c. The request for trailers to store equipment which possibly would be used later for office space. I He followed by saying that the trailers should not be involved and that the zoning ordinance as it stands would prevent approval of the use unless the parking lot is paved. MOTION by Hanson, second by Schlawin to continue discussion of this conditional use until the regular meeting in December to allow time to investigate possible alter- natives to asphalt and concrete parking lots under special circumstances. APIF, MOTION CARRIED. 11. Dirk Rotty said that while he hates to give it up, he will be resigning from the Commission sometime after conferring with the Chairman and Planner on appropriate timing. There was general agreement among the members that they would miss his contribution to the decision making process. 12. There being no further business the Commission agreed to adjourn. Submitted by, (lf~ If! ~~ Charles Tooker City Planner Approved I I I I I 161 MINUTES PLANNING COMMISSION REGULAR DECEMBER 8, 1992 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Gramentz, Hanson, Ratty, Schlawin, Thelen. Members Absent: None. Also Present: City Planner Tooker and City Attorney Harmeyer. 2. The Chairman asked for comments on the minutes of November 10, 1992. MOTION by Schlawin, second by Rotty to approve the minutes of November 10, 1992 as distributed. APIF, MOTION CARRIED. 3. The Chairman opened two hearings advertised for 7:00 P.M. as follows: a. Conditional Use request from Farmington Parks and Recreation Department for an information kiosk at Kuchera entrance to Rambling River Park. b. Continued hearing for a Conditional Use request from Elm Park Limited, Inc. to build the 45 unit Rosebriar apartment building on the south half of Block 17, northeast of the intersection of 1st and Oak Streets. City Planner Tooker introduced the request for an information kiosk at the Kuchera entrance to Rambling River Park. The structure is open on all four sides but includes a roof for shelter from sun and rain. It is located 110 feet from the paved portion of Willow Street and 60 feet from the foot bridge over the Vermillion River on the east side of the walk. Member Rotty asked if it will be located in the floodway. The response was no. MOTION by Schlawin, second by Gramentz to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Thelen to approve the information kiosk requested by the City Parks and Recreation Department to be placed at the Kuchera entrance to Rambling River Park at the location identified on the topographic map supplied with the application. APIF, MOTION CARRIED. City Planner Tooker then presented the staff recommendation for the Conditional Use with three variances and a requested rezoning of the westerly two lots in this block for Rosebriar Apartments. This was followed by a presentation from John Bttscoe, representing the developer and from Mike Mularoni, the project architect. Gil Gilbertson made a presentation in defense of existing investment in Farmington to the effect that the Commission should be aware that concessions made in the form of variances for this project could adversely affect rental property which developed by complying with all zoning requirements. Member Schlawin asked the developer if there has been any dialogue with the two property owners of lots 8 and 9. Mr. Briscoe responded in the affirmative. MOTION by Schlawin, second by Thelen to close the public hearing. APIF, MOTION CARRIED. The Commission then agreed to consider the three variances described in the agenda report. MOTION by Rotty, second by Thelen to approve a front yard variance of up to 10 feet along First Street based upon the location of other housing units in the same block which are built to the street right of way line. APIF, MOTION CARRIED. The Commission then moved to discuss a requested variance of 1 parking space per unit within the apartment site. Member Gramentz indicated that he had no problem with the number of parking spaces which include 47 on site and 22 on Oak Street. He also asked Mr. Mularoni for an explanation of the circulation plan. MOTION by Gramentz, second by Schlawin to grant a 43 space parking variance based upon the availability of 22 on street spaces in the Oak Street right of way and the developer's marketing plan which will target adults 55 years of age or older. VOTING IN FAVOR: Gramentz, Schlawin. VOTING AGAINST: Hanson, Rotty, and Thelen. MOTION FAILED. The third variance under consideration for this Conditional Use involves density. The size of 162 Planning Minutes - 12/8/92 - Page 2 the site will limit the apartment structure to 27 units unless a density variance is granted. The problem lies in the City Code which will allow 60 units per acre for elderly units but only 20 units per acre for market rate housing. MOTION by Rotty, second by Thelen to approve a density variance of 18 units and to direct the staff to investigate the possibility of increasing the density for market rate apartment construction for later discussion by the Planning Commission and City Council. APIF, MOTION CARRIED. The next issue in the Rosebriar proposal involves the need to rezone lots 8 and 9, block 17 from R-2 Medium Density to B-2 General Business. Chairman Hanson questioned the urgency of rezoning if this proposal fails to be approved. City Planner Tooker said that the HRA has in effect approved the proposal and placed the developer on a tight time line. He then suggested that a larger area might be considered in the process rather than recommending the expansion of downtown by only two lots. MOTION by Schlawin, second by Thelen to recommend the rezoning of lots 8 and 9, block 17 from R-2 to B-2. VOTING IN FAVOR: Gramentz, Schlawin, and Thelen. VOTING AGAINST: Hanson. ABSTAIN: Rotty. MOTION CARRIED. City Planner Tooker then said that the City Administrator had today pointed out section 10-6-8 of the City Code which exempts off street parking requirements from the B-2 General Business District. This means that the Planning Commission therefore has discretion to establish parking requirements downtown through the Conditional Use process. Member Rotty asked why this was not brought to the surface sooner? Was the Planner fearfull that the proposed rezoning would not be adopted? Planner Tooker answered that, first of all, he did not anticipate that parking off street was going to be a problem for this proposal. Second, the City Council, not the Planning Commission changes zoning and that the Planning Commission is still in control of the Conditional Use permit itself which has not yet been acted upon. There was discussion about the appropriate action to follow, if the new information had changed the mind of any Commissioner regarding parking. City Attorney Harmeyer said that if there was a different opinion on the part of anyone who had voted on the prevailing side of the motion, a simple motion to reconsider by that person would be appropriate. MOTION by Thelen, second by Schlawin to reconsider the vote on the 43 space off street parking varaince. VOTING IN FAVOR: Gramentz, Rotty, Schlawin and Thelen. VOTING AGAINST: Hanson. MOTION CARRIED. MOTION by Gramentz, second by S~ to approve the requested 43 space off street parking variance based upon the availability of 22 on street spaces in the Oak Street right of way and the developer's marketing plan which will target adults 55 years of age or older. VOTING IN FAVOR: Gramentz, Schlawin, and Thelen. VOTING AGAINST: Hanson and Rotty. MOTION CARRIED. The final discussion was directed toward the Conditional Use itself, a 45 unit apartment building to be built for adults on lots 8-13, block 17 and proposed by Elm Park Limited, Inc. The criteria discussed focused upon section 10-8-5(c) of the ordinance. Member Rotty indicated that all statements except 5. appear to be satisfied. Parking limitations on site could contribute to neighborhood traffic congestion. Member Schlawin disagreed by suggesting that in addition to the spaces on Oak Street, there are spaces available on First Street that would be available to residents and visitors. MOTION by Schlawin, second by Gramentz to approve the Conditional Use for a 45 unit apartment building on lots 8-13, block 17 subject to the staff preparing findings to be reviewed the next regular meeting of the Planning Commission. VOTING IN FAVOR: Gramentz, Schlawin, and Thelen. VOTING AGAINST: Hanson and Rotty. MOTION CARRIED. I I 4. Chairman Hanson called attention to the Conditional Use requested by Craig Bongard to rebuild an equipment maintenance and storage building for his trucking business located in Section 25 on the east side of County Road 31. City Planner Tooker reviewed a list of considerations that would go into the body of requirements placed on such a use if given permission to rebuild. Mr. Bongard asked about rebuilding the structure as it was prior to the fire without adding to the area. City Attorney Harmeyer said that this would be possible to accomplish, but that all health and safety requirements added to the City Code since the original conditional use would have to be observed. I Planning Minutes - 12/8/92 - Page 3 163 I MilreHaley, a neighbor of this business asked the Commission to include some safeguards into the new conditional use permit that would help modify the noise when trucks are left running 2 or 3 nights per week and trash when solid waste is collected on the opposite side of the street. Member Rotty suggested that the staff prepare a memo for Mr. Bongard to help him in securing information that will produce a proposal to satisfy the current requirements for a conditional use permit at this site. Mr. Bongard agreed that this would help. The issues involve spaces for 12 outside parking stalls for trucks to the rear of the property and protection to the adjoining wetlands. In addition, all driveways and office parking will need to be paved and a landscape plan prepared which will identify all plant materials used to help the property fit the environment. Mr. Bongard indicated that he is eager to have this process set in motion and would return in January for continued discussions. 5. Chairman Hanson opened discussion of a Conditional Use requested by T.&J. Development and Excavating, Inc. situated on the east side of County Road 31 in Section 25. The issues in this conditional use are similar to the Bongard request except that no equipment maintenance and storage use existed on this site previously. Again, the consensus of the Commission was that Mr. & Mrs. Reisinger should receive a staff memo outlining the current requirements for the requested conditional use permit. Member Schlawin said that while this process may be helpful for the applicant, he is not sure that this use is appropriate, particularly since it is in conflict with the Comprehensive Plan. The Reisingers indicated that they would like to review staff input as they only need parking space for 2 trucks and a tractor trailer. They also agreed to return with a proposal at the next regular meeting of the Commission. I 6. Chairman Hanson recognized Steve Finden who asked for Commission reaction to his idea of rezoning his entire lumber yard from I-I to B-2. The Chairman indicated that B-1 might be more appropriate. Member Rotty suggested that the entire Highway 3 corridor should be evaluated before the Commission could react to an individual request. Mr. Finden said that he was not in need of an immediate answer. 7. The Chairman recognized Jerry Ristow who came to the meeting with an inquiry from Ed Pasteur about the possibility of utilizing a portion of Townsedge Shopping Center for automobile storage. The Commission was not ready to give an answer at this meeting, but would consider it at a special meeting which was originally discussed to deal with the very low density housing concept. This special meeting will be held on December 22, 1992 at 7:00 P.M. 8. The meeting adjourned at 11:00 P.M. d:Ied)jj 1/,L Charles Tooker City Planner Approved I 151 I MINUTES PLANNING COMMISSION SPECIAL DECEMBER 22, 1992 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. Chairman Hanson raised a question about the minutes regarding the findings to be prepared by staff on the conditional use requested by Elm Park Limited, Inc.. Since the findings are not yet available, perhaps the minutes from December 8, 1992 should be delayed until both can be approved together. The Commission agreed to delay any action on the minutes of December 8, 1992. 3. City Planner Tooker said that the Chairman also asked about the timing of the Commission's next regular meeting regarding the need for action on two other conditional use hearings. The January meeting will occur a few days beyond the 60 days required for action on a conditional use permit. Chairman Hanson suggested that a letter be drafted to both Mr. Bongard and the Reisingers requesting letters from them which ask for an extension beyond the 60 days required for action on their conditional use applications. Unless positive responses are received by the staff, another special meeting may be required and it will be called for 7:00 P.M. on January 5, 1993. I 4. The Commission then considered the very low density housing option requested by the City Council. City Planner Tooker outlined the mechanics of how it could work and Member Rotty indicated that the City Council was interested in introducing it to a portion of the agricultural area in the southwestern corner of Farmington. The Commission explored the map and decided to limit the area of a new A-3 District to the A-I Agricultural areas in Sections 26, 27, 34 and 35. The Commission then directed staff to prepare a list of the property owners within this area and invite them to attend a discussion of the proposal on either January 5th or 12th. 5. The Chairman asked for discussion of a proposed addition to Title 4 of the City Code which would add a new Chapter devoted to Architectural Design and Materials. Member Gramentz said that there appears to be a conflict in building height as specified in this ordinance and the zoning ordinance. Chairman Hanson said that the section on accessory buildings should address the problem of large accessory buildings which need a reference to foundations which comply with the Uniform Building Code. The City Planner said he would revisit these issues and bring the draft back to the Planning Commission. 6. Chairman Hanson recognized Jerry Ristow who indicated that the owner of Towns Edge Center, Edward Pasteur, has decided not to ~e the storage of automobiles as a new conditional use in the B-1 Highway Business District. The new approach will be for Jerry Ristow to expand his automobile sales business into the former Red Owl store, where automobiles will be sold rather than stored. The Commission members agreed that auto sales is a permitted use and that this approach was satis- factory. 7. There being no further business, the Commission adjourned at 9:30 P.M.. I <<.;ztt-qFYfJ,e- Charles Tooker City Planner Approved