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HomeMy WebLinkAbout1993 . . . MINUTES PLANNING COMMISSION REGULAR JANUARY 12, 1993 1. The meeting was called to order by Dirk Rotty at 7:00 P.M.. Members Present: Gramentz, Rotty, Sch1awin, Thelen. Members Absent: Hanson. Also Present: City Planner Tooker, City Attorney Harmeyer. 2. Dirk Rotty asked for comments on the minutes of December 8 and 22, 1992 and the findings prepared regarding the conditional use involving the informational kiosk at Rambling River Park and the conditional use and variance for Rosebrier Apartments at the intersection of First and Oak Streets. MOTION by Schlawin, second by Gramentz to approve the minutes of December 8, 1992 as presented. APIF, MOTION CARRIED. MOTION by Gramentz, second by Thelen to approve the findings prepared for the conditional use permit involving the informational kiosk at Rambling River Park. APIF, MOTION CARRIED. MOTION by Thelen, second by Gramentz to approve the findings prepared for the conditional use permit and variances involving Rosebrier Apartments. APIF, MOTION CARRIED. MOTION by Rotty, second by Sch1awin to approve the minutes of December 22, 1992 as presented. APIF, MOTION CARRIED. 3. Dirk Rotty opened the public hearing advertised for 7:00 P.M. regarding the preliminary plat of Riverside. City Planner Tooker reviewed the plan which had been presented to the Commission six months earlier identifying questions raised by both the Soil and Water Conservation District and the City Engineer regarding wetlands and the inability of the developer to supply information on the flood plain. The City Planner indicated that from preliminary information in hand, it appears that the wetlands and flood plain are essentially the same line and will affect lot patterns in the northwest corner of the plat. The SWCD office suggests realignment of 206th Street to avoid the wetland area which, in turn, may reduce the plat by up to three lots. The City Engineer will require that the illustrated temporary turn around shall be a permanent turn around platted on the west side of the gas line easement. The City Planner has requested that the lots on the east side of the plat be enlarged by extending the plat if possible. Dirk Rotty asked if all corner lots should be at least 20% larger than interior lots. The City Planner responded that the ordinance actually only requires additional width and does not specify an amount. The Planner also said that the landscape plan needs to be revised to reduce the reliance on ash trees and to introduce the concept of clustering like species rather than to string them along one side of the street in long rows. Warren Sifferath asked about the requirement of garages and was told that garages are required. The City Planner said that the Developer has asked for a continued hearing since all of the information required for plat approval is not available. MOTION by Gramentz, second by Thelen to continue the public hearing on Riverside Preliminary Plat until February 9, 1993. APIF, MOTION CARRIED. Dirk Rotty asked that the staff notify the developer and encourage him to be present at that time. 4. City Planner Tooker explained the MUSA swap that the City Council has under consideration. It involves land owned by Mrs. Marlene Halstead and Mr. Wallace Berglund which are considered to have a relatively low demand for development and to exchange them with the land under Phase I of the proposed East Farmington PUD and Riverside Plat. The consensus of the Commission was that these parcels should be recommended to the Council as potential candidates for the MUSA exchange. Planning Commission Minutes - 1/12/93 - Page 2 5. Dirk Rotty opened the public hearing advertised for 7:30 P.M. on a request from Sienna Corporation to rezone undeveloped land located between County Road 72 and Trunk Highway 50 and between the north/south centerline of Section 32 and Trunk Highway 3 from R-l and R-3 to R-2 PUD and to approve a schematic plan for the East Farmington PUD proposal. City Planner Tooker indicated that the site contains 176 acres and that 500 single family dwellings have been proposed in an area designed to look much like a later version of the existing development in Farmington central neighborhood. The City Planner provided background information about the project including a study prepared by the Design Center for American Urban Landscape at the University of Minnesota. This study presented a concept for draining surface water runoff into a constructed creek or drainage way which would run north and south along the east edge of the City. Rod Hardy, Vice President of Sienna Corporation, developer of the proposed East Farmington PUD, indicated that the entire 176 acres is programmed to be developed over the next ten years at a rate of 50 units per year. The first phase of this project will, therefore, include approximately 150 single family lots. Mr. Hardy emphasized that the plan attempts to replicate the existing center of Farmington and will include 6000 square foot lots which also have access to an undivided interest in an open space area at the center of the block. He also emphasized the work done by the Design Center and the recommendations to downscale Highway 3 through Farmington. . Bob Frankhouser: Will the watershed improvements work so that neighbors will not have a water problem? I am not willing to guarantee anything, but based upon the work being put into the study, I believe that it Rod Hardy: lifted our house 4 feet to return. As neighbors, we are looking for a guarantee. For 20 years we had mushrooms growing in the basement. We then eliminate the water problem. We do not want to see it . will work. Mary Christianson: Rod Hardy: Housing will be constructed on a slab not more than four feet below grade. We will be designing a place for the water to go and are confident that we are better off doing something rather than nothing. We are committed to holding water on the property at the east edge of town. Bob Frankhouser: If my basement level is eight feet and yours will be four, I will have a problem. Our approach to surface water runoff is that it shall remain on the surface and not enter the water table. I would like a definition of the term pun and an explanation of how it works. I am also opposed to the name East Rod Hardy: Pat Akin: Farmington. Charles Tooker: A Planned Unit Development is, in essence, a contract between the City and the developer as to the way that land will be developed. If the developer changes his mind about certain aspects, the Planning Commission will decide if it is a major or minor change. Major changes must go to a public hearing before being authorized. A plat's name is important only as long as the property is being developed. Normally when development. is complete .in the area, the subdivision name is something only retained on City base maps. Warren Sifferath: Two adjoining communities are pushing up lot sizes. In this proposal, the lots will be smaller than the existin low density district. I wonder about the effect this will have on services. Planning Commission Minutes - 1/12/93 - Page 3 Rod Hardy: The lot sizes proposed are the same size as the older part of Farmington. We assume that these lots are paying their way. It is a given that higher density development pushes up the value of the land being taxed. In general, the market is dropping off for large lot housing because there are fewer people who can afford $150,000 housing. Ferro Pellicci: Will there be alleys as there are in the older part of town? Rod Hardy: There are alleys at the rear of the lots facing boulevards and the east water way. Some of the builders have suggested driveway entrances could be placed together to cut down on the vehicular conflict pedestrians along these boulevards. Builders are not convinced that housing be marketable with access to the rear. that with will What is the timing of the drainage way? It must be built to accept drainage from this project. When will the new development begin? We are looking at beginning construction in June or July of this year. Ann Sauber: I am concerned about the possibility of apartment buildings being built next to my property regarding its impact on my house and three acres. Bob Mayer: Rod Hardy: Jon Hed: Rod Hardy: need to remain. of Highway 3. Dirk Rotty then A study I can understand the concept of 60 foot lots, but where in town are there 16 lots per block? The only situations where that occurs can be found where rear yards have been separated from original lots. It 16 freestanding units on any given block. What about frontage roads along Highway 3? This is up in the air currently but the District Engineer's office has said that the frontage roads would not necessarily committee would definitely be of help in shaping the redesign . Roger Wood: Charles Tooker: may be difficult to find Florence Frankhouser: Rod Hardy: brought the discussion back to the table. Craig Schlawin: There are a number of questions to be answered concerning the PUD. They include mitigation of the wetlands, an involvement with the Parks and Recreation Commission and more detail regarding the mixed use areas. Cheryl Thelen: I am uncomfortable with the lot widths. 1 live on a 60 foot lot and it is not wide enough to provide a double garage. MOTION by Schlawin, second by Thelen to continue the public hearing on the East Farmington PUD until the next regular meeting to be held ort February 9, 1993. APIF, MOTION CARRIED. . 6. City Planner Tooker then made a presentation explaining the City Council proposal to introduce a very low density housing district into the zoning ordinance for the southwest corner of Farmington. John Tschol: I have been interested in dividing my property for some time and have buyers who want large acreages. The earlier concept would have provided for a complete division of my property. Planning Commission Minutes - 1/12/93 - Page 4 Charles Tooker: The earlier proposal did not take into account the development rights of others and for that reason would have been difficult to administer. In addition, it provided street improvement costs that you were unprepared to pay. Jerome Schweim: Housing here and there as outlined by this proposal will create a jigsaw puzzle where nothing will fit later. There is a state highway passing through the area which is not suitable for housing. There is, however, a need for small business activity along this road. Bernard Murphy: The sewer interceptor is too close to this land to try to develop it without utilities. I will take my chances with farming the land until utilities are available and it can be divided at high densities. Leon Orr: The City Council started looking at this concept after a survey was returned showing that 70% of households in Farmington would favor a full range of housing opportunities including 2~ acre home sites. The City Council has decided that Farmington should not be another Burnsville or Apple Valley where community borders tend to disappear. We do not favor business activity stretching from Farmington Downtown to Lakeville Downtown. Elaine Donnelly: Since none of the property owners in the area appear to be interested, why is the City discussing the proposal? It appears to be designed to allow John Tschol a way to divide his property in an otherwise agricultural area. Leon Orr: The proposal was put forward in an attempt to accommodate several interests within the City. Dirk Rotty: comments, I would like to bring this back I believe that the discussion should unless the Chairman wishes to call the continue during Commission into Without other to the table. the next regular meeting special session. 7. Craig Bongard was recognized by referencing his willingness to extend the time period for consideration of his conditional use request. The City Planner outlined his understanding of the present situation based upon an earlier discussion with the City Attorney. Dirk Rotty recognized City Attorney Dave Harmeyer who explained that Mr. Bongard already has an existing conditional use that will allow him to rebuild his building as it was before it burned to the ground. On the other hand, he said that the parking lot should be paved to respond to requirements of the Wetland Ordinance. If Mr. Bongard wishes to expand his building to include office space he will need a different conditional use permit. City Planner Tooker said that because Mr. Bongard did not respond to the memo sent to him regarding the current request for a conditional use, it should be denied. Craig Bongard responded that because he is operating under the original conditional use permit, he should be able to expand the business to the limits of available parking space on the property. MOTION by Schlawin, second by Thelen to deny the request for expansion of Bongard Trucking because of the existing natural environment adjoining the property, the long range need to protect area wetlands, and the lack of an acceptable development plan. APIF, MOTION CARRIED. 8. City Planner Tooker introduced the Reisinger conditional use request by saying that it also needs to be acted upon this evening. Since the request for additional information was ignored, there is not enough information to act upon the request favorably. Craig Schlawin said that this request should be denied because it does not fit the area. It is not an appropriate use at the edge of a residential neighborhood and would, in effect, expand business activity in and around wetlands. . . Planning Commission Minutes - 1/12/93 - Page 5 .It is not appropriate for the City to protect some wetlands and not others. MOTION by Gramentz, second by Thelen to deny the request from James and Therese Reisinger to operate an equipment maintenance and storage area on the east side of County Road 31 in Section 25, subject to the staff preparing findings to be reviewed at the next regular meeting of the Planning Commission. APIF, MOTION CARRIED. 9. The City Planner reviewed the latest draft of the proposed Architectural Design and Materials Ordinance. Following a brief discussion, the draft was considered to be suitable for recommending to the City Council. MOTION by Schlawin, second by Rotty to forward the proposed Architectural Design and Materials Ordinance to the City Council for approval. APIF, MOTION CARRIED. 10. There being no further business to discuss, the Commission agreed to adjourn at 10:45 P.M.. Submitted by, &~~~~ . Charles Tooker City Planner Approved j~ . . . . MINUTES PLANNING COMMISSION REGULAR FEBRUARY 9, 1993 1. Chairman Hanson called the meeting to order at 7:05 P.M.. Members Present: Gramentz, Hanson, Rotty, Thelen. Members Absent: None. Also Present: City Planner Tooker, City Administrator Thompson, HRA Director Henricks. 2. The Chairman suggested postponing the discussion of the minutes since the City Attorney did not prepare findings for the action taken on the conditional use requests of Craig Bongard and James Reisinger. Members agreed to delay action on the minutes of January 12, 1993. 3. Chairman Hanson opened the public hearing advertised for 7:00 P.M. regarding the rezoning of Lots 8 and 9, Block 17, from R-2 to B-2. City Planner Tooker explained that this hearing was rescheduled because the lot owners were not notified of the original Planning Commission hearing. The information presented at the earlier hearing remained the same except that the HRA Director has been in contact with the attorney for one of the lot owners. The attorney indicated that both lot owners have come to an agreement with the developer on the price of the land involved with the two housing units. Chairman Hanson indicated that he is opposed to the rezoning because of the conditional use which was approved for the site. That conditional use increases the density of the site for adults when the ordinance specifies elderly or handicapped as justification for such an increase. Member Rotty asked why the property owners were not present, directing the question to HRA Director Henricks. He also wanted reassurance that the property owners had agreed to sell the property at an agreed upon price. Director Henricks repeated that this information came to him from the attorney representing one of the property owners. Member Rotty also questioned the amount of off street parking that would be available for the tenants of the proposed building. Planner Tooker outlined the limited use of Oak Street and his understanding of the Council, HRA and Planning Commission joint meeting which suggested that 1.5 parking spaces per unit would be acceptable. MOTION by Gramentz, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Thelen to recommend that the City Council approve the rezoning of Lots 8 and 9, Block 17, from R-2 to B-2. VOTING IN FAVOR: Gramentz, Thelen. VOTING AGAINST: Hanson. ABSTAIN: Rotty. MOTION CARRIED. 4. The Chairman indicated that the continued hearing for Riverside would need to be continued once again since the developer had been unable to secure enough information to satisfy the issues brought about by the wetlands ordinance. MOTION by Rotty, second by Thelen to continue the public hearing for Riverside until Tuesday, February 23rd at 7:00 P.M. based upon the Developer's request. APIF, MOTION CARRIED. 5. The Chairman then reopened the continued public hearing for the East Farmington PUD. City Planner Tooker provided a brief introduction to this neighborhood concept and introduced Rod Hardy, principal of Sienna Corporation, the developer of the PUD. Mr. Hardy discussed objectives generally and responded to questions from the audience dealing with on site water problems and how they may affect the adjoining land use. The hearing was also used to explain th~'deve1oper's concept of the market for this type of housing as presented by Ted Kowalski, proposed examples of housing style as presented by Harvey Sherman and on site landscaping as presented by Derek Young. Member Rotty asked about the recommendation of the Park Board. City Planner Tooker said that the Board had decided to ask Planning Minutes - 2/9/93 - Page 2 the City Council to consider requiring two parks for the development, one inClUdi. 4 to 5 acres with a softball field and the other a 2 to 3. acre site, on the south and northern limits of the proposed development. Rod Hardy asked for clarificatio and Craig Schlawin from the Parks Board indicated that the Board was looking for 21 acres of land but part would be satisfied by cash. Rod Hardy asked for a meeting with the Parks Board to ask for some consideration of the 1/2 acre private parks at the center of each block. Roger Wood indicated that larger lots would, in his opinion, be preferable to the small lots with adjoining park land. Florence Frankhauser asked about who would provide facilities in the private park sites and when would they go in? Rod Hardy responded that in each block of 16 lots, after 8 lots had been sold, the new property owners would be asked to help design the open space areas. Member Thelen asked about the desirability of lots with adjoining parks. Member Rotty said that he had some thoughts about the PUD which the developer should know. They are as follows: 1. Half acre parks are not necessarily desirable but he will wait for the Park Board recommendation. 2. He questioned the value of homes on 6000 square foot lots and, therefore, is not an advocate of more 6000 square foot lots in Farmington. 3. The PUD Plan shows office and institutional uses without any indication of the building coverage of these uses. The developer, Rod Hardy, responded that he agrees with the need for more detailed planning, but finds it difficult to do anything meaningful at the schematic phase . of the PUD process. He also said that the large open area adjoining the hospital has been optioned by the hospital. Perhaps it would be better to leave this out of the PUD. Member Rotty said that it is not a good idea to leave the plan this flexible and he would not support the project as is unless more detail is provided. Chairman Hanson asked for direction from the Members present. MOTION by Thelen, second by Gramentz to continue the hearing until 7:30 P.M. on February 23rd. APIF, MOTION CARRIED. 6. Chairman Hanson asked for discussion of the Very Low Density Housing Option for southwest Farmington. Following a brief discussion, the consensus of members was that with so little support from the property owners involved, it would be best to hold off on a decision until after the Commission and Council could discuss the issue during the Council retreat on February 20, 1993. 7. Jerry Ristow indicated that because of the late hour, it would be acceptable to him to hold off discussion on his request for a property division on 7th Street until another time. 8. Members also agreed to discuss the Pat and Roberta Devney playhouse at a later meeting. 9. There being no further business, the Commission agreed to adjourn at 10:30 P.M.. Submitted by, (}f~ 1!1k~ Charles Tooker City Planner Approved ,) \qj O\"J . . MINUTES PLANNING COMMISSION SPECIAL FEBRUARY 23, 1993 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. City Planner Tooker introduced and described a schematic plan for Akin Park Estates 2nd Addition which is being purchased by Bob Speed, the owner of Concrete Systems, Inc. in Rosemount. The plat is identical to the one previously forwarded to the City Council in March of last year. Mr. Speed was introduced and, after a brief presentation, was questioned by the Planning Commission members. The Chair " brought the discussion to a close by saying that the Commission had no significant problems with the layout as it is proposed. 3. Jerry Ristow approached the Commission with a potential lot split for his duplex on 7th Street. The discussion focused upon the size of the lots that would result from such a division. The 6000 square foot lot being created meets the requirements of the district, but a duplex lot would be created which is smaller than 11,000 square feet. Member Gramentz outlined the requirements of a variance. Member Schlawin indicated that, while a duplex will not fit on the lot remaining after division, a single family dwelling with an accessory apartment would. Chair Hanson said that might be a possibility, but it would require significant structural alterations since the accessory unit may contain onlyc40% of the living space that is available in the main unit. It was the consensus of the Commission that there is not enough justification available to create a substandard lot. 4. City Planner Tooker read a letter from Jack Benedict requesting that the hearing on his proposed Riverside Plat be continued again because the wetlands information required for platting was not available. MOTION by Rotty, second by Thelen to continue the public hearing on Riverside Plat until March 9, 1993 based upon the request of the developer. APIF, MOTION CARRIED. 5. Chair Hanson opened the continued hearing for East Farmington PUD at 7:30 P.M.. City Planner Tooker reviewed essential points included in a letter to Rodney Hardy of Sienna Corporation dated February 18, 1993, regarding the status of the PUD, as follows: Ground Water - Surface Water - PUD approval subject to authorization of and construction work beginning on the prairie waterway drainage system. The width of the prairie water way may need to be extended to accommoqate wetland mitigation and NURP ponds. Annexation - Annexation petitions are being secured by Sienna Corporation for the Hince and Finnegan properties. There has also been discussion about adding Sauber and Rother properties later if needed. MUSA - PUD approval subject to the Metropolitan Council approving a two phase extension of MUSA limits during the neighborhood build out. Tax Increment Financing - A Soils Correction Tax Increment District has been discussed by the Developer as a way to generate funds to create buildable lots within the PUD and other improvements outside of the PUD associated with City storm water runoff problems. Sanitary Sewer - A mechanical problem which must be solved in order for the PUD to proceed. Planning Commission Minutes - 2/23/93 - Page 2 Wetlands - PUD approval subject to the mitigation of existing on site wetlands and the creation of adequate ponding to clean storm water runoff from the PUD befo it enters the Vermillion River. Land Use - a. Sienna to use hospital concept of land use for land adjoining with the possible location of a church site at the intersection of Oak and Twelfth Street. b. Land adjoining Highway 50 to be used as a wetlands mitigation area as needed and possible townhouse development subject to appropriate setbacks. c. Land adjoining Highway 72 has been recommended by the Park Board for a 3 acre neighborhood wi~h ballfield. The two acres remaining may be utilized as an apartment building or for townhouses. d. Office space south of the Budget Mart to be townhouses. Tot Lot Maintenance - PUD approval based upon a developer's agreement which indicates that long term maintenance of the block parks will be assessed to property owners in the block if the homeowners association fails. Parks and Recreation - The Park Board has recommended a 5 acre park on Bob Henderson's land, a 3 acre park adjoining Highway 72, and the remaining obligation for parks to be accepted in cash. Mr. Hardy responded that his meeting with the Park Board was productive, but that he does not agree with the location of the north park, and he believes that his obligation to provide recreation space should recognize the block parks in the form of a credit. He believes that this discussion probably will need to be reSOlved. by the Council as the project is refined. Member Rotty suggested a Nature Park adjoining the hospital site and wetlands. Member Sch1awin said that the parks . recommended by the Park Board are intended to respond to the Board's objective of creating ballfields within a half mile of residents. The Chair opened the hearing to public comment: Pat Akin: This is the first time tax increment financing has been mentioned. More people should be neighbors of the PUD. It will place a burden involved in this discussion than on other taxing bodies. Harvey Snyder: The water problem on the east side of Farmington has existed for years, and it is a problem that should be solved. Tax increment financing is a way to do this. Steve Empey: What is the status of the waterway that is needed before this plan is developed? The City has asked the involvement of the Vermillion River Watershed District since the joint powers Ken Hanson: agreement failed. Carrol Westenberg: I like the concept of Farmington growing from the center rather than from outside in. Ralph Nordine: The Hospital Board has been pleased to work with Mr. Hardy as the development will help the hospital expand and take care of a water problem at the same time. Bob Mayes: What will the wetland look like? It adjoins my property. . . . . Planning Commission Minutes - 2/23/93 - Page 3 Rod Hardy: Generally it is in prairie grass, but we plan to be careful about how close it will come to housing. Mary Christiansen: What experience has Sienna had in dealing with substantial ground water problems? We have worked with storm water systems before, but usually within pipes. Residents are concerned about mosquitoes and danger for small children. I am concerned Rod Hardy: Mary Christiansen: about high density development. Pat Akin: I have a statement which I would like to read regarding my concerns about this proposal. (He read the statement.) MOTION by Sch1awin, second by Thelen to close the public hearing. APIF, MOTION CARRIED. Chair Hanson indicated that he was not in favor of the large number of small block or "vest pocket" parks. Member Rotty indicated an interest in creating a nature park and asked Mr. Hardy if the name of the PUD could be changed. Mr. Hardy responded that the name is flexible. He said that the project will be advertised as Farmington in promotional work. MOTION by Schlawin, second by Gramentz to forward the PUD proposal to the City Council with the recommendation that the schematic plan be approved subject to the concerns outlined by the staff as outlined in the staff report. APIF, MOTION CARRIED. 6. There being no further business, the meeting was adjourned at 10:00 P.M.. Submitted by, (}/~ If} 1),~ Charles Tooker City Planner . I 3/Q/Ic!3 Approved . . . MINUTES PLANNING COMMISSION REGULAR. MARCH 9, 1993 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 Chair asked for comments on the minutes of January 12, 1993 and findings prepared for Bongard Trucking and Reisinger conditional uses. MOTION by Schlawin, second by Gramentz to approve the minutes of January 12, 1993 as submitted, as well as the findings that were prepared. VOTING FOR: Gramentz, Rotty, Schlawin, Thelen. ABSTAIN: Hanson. MOTION CARRIED. (The findings for the two conditional uses are attached as part of these minutes.) 3. The Chair then asked for comments on the minutes of February 9, 1993. MOTION by Rotty, second by Thelen to approve the minutes of February 9, 1993 as submitted. VOTING FOR: Gramentz, Hanson, Rotty, Thelen. ABSTAIN: Schlawin. MOTION CARRIED. 4. The last minutes to be approved were for the special meeting of February 23, 1993. MOTION by Thelen, second by Rotty to approve the minutes of February 23, 1993 as printed. APIF, MOTION CARRIED. 5. The Chair opened the public hearing advertised for 7:00 P.M. regarding the request from Bob Speed to discuss a preliminary plat for Akin Park 2nd Addition situated in the northwest quarter of the northwest quarter of Section 24. The plat contains 97 lots and a well site which will be sold to the City. City Planner Tooker outlined concerns forwarded to him from the City Engineer, the Fire Chief, Dakota County Soil and Water Conservation District, along with his own comments on the proposed landscape plan. Harry Johnson, the land surveyor working with Mr. Speed, introduced both Mr. Speed and the project engineer, Bob Wiegert. Chair Hanson opened the discussion to residents from the neighborhood who were interested in the cost of individual housing units, timing of construction and when County Road 31 will be realigned. Mr. Phillips asked if the property could later be rezoned to allow apartment construction. The City Planner said that it could be petitioned at any time, but that notices would be mailed to all property owners living within 350 feet. MOTION by Gramentz, second by Thelen to close the public hearing. APIF, MOTION CARRIED. Member Schlawin asked if the plan kept the bicycle trail that was originally proposed. City Planner Tooker answered in the affirmative. MOTION by Rotty, second by Thelen to forward the preliminary plat of Akin Park 2nd Addition to the City Council with the recommendation that it be approved subject to the conditions outlined by the City Planner from the staff and the engineering detail that will be required by the City Engineer. APIF, MOTION CARRIED. 6. Chair Hanson opened the public hearing advertised for 7:30 P.M. based upon a request from Wausau Supply Company to zone the recently annexed 13 acres of land on the east side of TH 3 to I-I Light Industrial. City Planner Tooker explained that Wausau was interested in maximum flexibility in zoning since the business is experiencing substantial growth. The first expansion to occur will involve new office space that will cover the area that is now utilized as a septic field. The reason for annexing to Farmington is to secure public sewer and water. The City Planner also said that this zoning is compatible with zoning immediately across Highway 3 and becomes an extension of an existing industrial corridor. Mr. Clarence Krech, representing Corinthian Cemetery asked about other expansion plans of Wausau because of its location adjoining the cemetery property. City Planner Tooker indicated Planning Commission Minutes - 3/9/93 - Page 2 that future storage capacity very likely will be needed but no specific proposal . has been presented. Member Rotty asked about future setbacks for expanded facilities City Planner Tooker said that Planning Commission policy allows existing uses to expand utilizing building setback lines already in place. However, these are handled by specific variance requests. MOTION by Rotty, second by Gramentz to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Thelen to recommend that the City Council zone the 13 acre Wausau Supply property I-I Light Industrial. APIF, MOTION CARRIED. 7. Chair Hanson reopened the continued public hearing for Riverside Preliminary Plat which had been originally requested by Jack Benedict. The plat is situated in the north one half of the swt of the SWt of Section 30, immediately north of the Middle School currently under construction on 208th Street. It contains 50 lots on approximately 20 acres of land. The platting process has been delayed while the developer secured both flood plain and wetlands data. This information is now available and it has resulted in the elimination of two lots which are now described as an outlot which will become part of the City wetlands by dedication. It was pointed out by the staff that the plat drawing does not include a flood fringe line. This will need to be added to determine which, if any, of the lots will need conditional use approval prior to construction of housing. The City Planner said that the plat has not been reviewed in detail by the City Engineer since the revised plan was late in being submitted to staff. However, there have been enough conversations between the City Engineer and the developer's engineer to suggest that the revised plan will work. The largest unresolved question about the plat is that it has not yet been reviewed by the DNR, the Corps of Engineers or the Board of Water Resources '...' each of which must sign off on the plat before it can be completed. City Planner Tooker indicated that currently the underlying zoning is R-3 High Density. If the plat is approved by the City Council, the zoning should be changed to R-l Low Density Therefore, any recommendation for approval should also include a recommendation for the land to be rezoned. The Commission also discussed the staff recommendation that the cul-de-sac at the west end of 207th Street West shall be permanent and on the east side of the gas line easement within the plat. The developer said that as long as the opening onto the property west of this plat is wide enough to provide access, he did not have a problem replacing the temporary turn around on the easement with a permanent turn around. City Planner Tooker presented a revised planting plan for street trees within the plat which would add some density to plant materials and introduce the concept of clustering like species. MOTION by Gramentz, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Thelen, second by Gramentz to forward the preliminary plat to the City Council with the recommendation that it shall be approved subject to satisfaction of the requirements of the City Engineer, the Planner, the Soil and Water Conservation District, the DNR, the Corps of Engineers and the Board of Water Resources, and identification of the flood fringe area within the plat. The recommendation further requests that the City Council set a public hearing for rezoning the land area within the plat from R-3 High Density to R-l Low Density. VOTING FOR: Gramentz, Hanson, Ratty, Thelen. VOTING AGAINST: Schlawin. MOTION CARRIED. 8. Chair Hanson opened the public hearing advertised for 8:00 P.M. requested by Radian Corporation for the FAA Center to build a day care center at the west end of Locust Street. City Planner Tooker outlined the proposal based upon materials submitted by Radian Corporation. The use will require both a variance and a conditiO. use permit. Questions by the Commission focused upon the number of children to be served by the day care and whether or not the parking lot would be large enough to serve the use being proposed. Member Gramentz said that the building design is being used in several projects by the FAA and he anticipates that the parking is adequate for the use. Member Hanson is disturbed by the building design and Planning Minutes - 3/9/93 - Page 3 . questioned whether or not it will fit in with the environment of the neighborhood. He suggested a decorative facia that might give the building a more pleasing appearance. The hours of operation are a concern for the Chair. He also raised questions about the lack of shade trees on site, particularly along the west and south sides of the site. MOTION by Rotty, second by Thelen to close the public hearing. APIF, MOTION CARRIED. Member Thelen indicated that she is not in favor of the seven foot high fence in the front yard. Member Gramentz said that the fence must be this high to offer security within the FAA Center itself. MOTION by Rotty, second by Gramentz to approve the variance based upon the need to protect the security of the FAA Center and to approve the conditional use subject to the addition of more shade trees on the south and west sides of this site and some effort on the part of the FAA to make the building more attractive. VOTING FOR: Gramentz,Rotty, Thelen. VOTING AGAINST: Hanson. ABSTAIN: Schlawin. MOTION ~~CMrn.IEl>. -Jr' 9. The Commission then turned to a letter from Ernest Darflinger written on behalf of Pat and Robet;t;'a Devney regarding the playhouse located at 4900 203rd Street West. The discussion turned on the definition of accessory buildings and accessory storage buildings. Because this building can be categorized as an accessory building, it no longer is an accessory storage building and, therefore, must be inspected, pay building permit fees and be checked for the total percentage of building coverage on this lot. At the same time that these requirements are being met, the Commission requests the preparation of a landscape plan which, when implemented, will help screen this building from 203rd Street West and the park. It was the consensus of the Commission that the City Planner should advise Mr. Darflinger of this discussion. .-10. Member Rotty informed fellow Commission members that the City Council has commissioned Bill Morrish and his staff from the Design Center to focus attention on the Very Low Density proposal. It is anticipated that this work could provide substance for the first element within the proposed development manual. 11. City Planner Tooker described a proposal from the consultant to Vista Telephone, Evergreen Land Services, Company, to split Lot 1, Block 3 of Nelsen Hills Farm in order to create a site for a remote switching station for Vista Telephone. Heritage Development has agreed to the division because of the strange configuration of the lot which was brought on by the 100 foot wide gas line easement. Commission members agreed generally that this could be a good use for the lot, particularly if the telephone company would agree to include a decorative sign or monument of some type on the lot it purchases to identify this neighborhood. The City Planner said that if the Commission was in favor of the proposed split, Vista Telephone would next need to develop necessary material for a conditional use permit which would allow construction of the switching station. MOTION by Rotty, second by Thelen to set a public hearing for April 13, 1993 at 7:00 P.M. for a conditional use to allow Vista Telephone Company to build a switching station subject to the completion of documentation. APIF, MOTION CARRIED. 12. City Planner Tooker outlined the advisability of removing building coverage from the zoning ordinance residential requirements based upon the current lack of enforcement and the reverse mentality that such regulations create. This issue grew out of a similar lack of enforcement in the City of Prior Lake which had an I 18% building coverage requirement in the R-l District. With three car garages becoming more prevalent, it became impossible for the community to ignore. The paradox created . by such limitations suggests to developers and homebuyers that Farmington would prefer to have smaller houses that the current market appears to demand. On checking, it was determined that one very large house in Silver Springs with a deck, garage and enclosed living space had a 22~% coverage. The question needs to be asked if any useful purpose would be served by requiring a potential homebuyer to wait up to 45 days until a variance could be granted. Commission members universally were Planning Minutes - 3/9/93 - Page 4 uncomfortable about letting go of building coverage requirements in the Residential Districts. MOTION by Hanson, second by Thelen to recommend that the City Council change the lot coverage in R-1 District to 25%. APIF. MOTION CARRIED. 13. There being no further business, the Commission agreed to adjourn at 9:05 P.M.. Submitted by, cr~ 1} 1/,~ Charles Tooker City Planner Approved CTT/mh ..fp{Mar~ ~ OW ~bh . il] /t13 -r . S~;h a~dJ ~~~, .. . I . . . C%'.r~ OW JlUXllIftOII Damlfa. ao'lJ'ft'l, ~80D XN RE: FYHD:l:HGS OF PACT A1m 9EC::~8:tOH App11ca~ion of Bongard Trucking, 20251 Akin Road We.t, for a conditional U.. Per.ai~ On Janwary 12, 1993, the Faraingt:on P1arming co..i..ion ..t. at i tIS reqularly sc:h8duled ~ime 1:0 <liscu-, among ot.her thinp, the Applica~ion of Bongard Truoking for a Condi~ional Use Permi~ oni~s property locat.ed a~ 202.51 Akin Road WaRt, Farminqton,. Minnesot.a. Crai9 BOngarCl, an behaltt of 'the Applicant:, wa. present at the meetinq, and the Planning Commission listened to all interested persons. The Planning co_ission now makes the following Findinqs of Fact and Decision. rDlDnlGa or I'AC'f 1. The property is locat.ed in the City's C-l zoning District. :2 . The property is zoned C-l. 3. The Applicant's buildinq was destroyed by fire. 4. The Applicant is free, under an existing Conditional Use Permit, to rebuild its huildinq as it existed prior to its d.estruc~ion. 5. Prior to any expansion of the Applicant'S operations on the property, the Applicant must obtain a new conditional Use Pend t. 6. The Planning commission previously requested additional information from the Applicant regarding its current request for a new Conditional U.e Permit, which in~oraation was DOi: furnished. 7. Bxpansion of ~e Applican~'s opera~ions would threaten ~e ex1.t.1n~ natural envirormani: adjacen't to the property as well as the wetlands in the vicinity o~ ~. property. 8. T.be Applicant bas tailed to provide an acceptable clevelop..nt:. plan; i..., there i. inadequate paved parkill9 and no land.cape plan. DIlC%8%0JI The Planning Commission denies ~e Applicant'. request:. for a Conditional u.. Permit. Adopted this q~ day of ~l~ , 1993. - 2 - " . . . . . . C%n o. ~ DaKO'IA C:OUll'n, ~lOlIa IN RB: Applica~iQn ot Jam.. Reisinger and There.. Reisinger tor a Conditional U.e Pera1t AlID On Jan.uary 12, 1993, ~he Parmi~on Plann1nq c01IIIIiss1on .. at: it. rogularly 8ch.auled time 'to discuss, among o1:her thing., the Application of James Reisinger and Ther... Reisinger tor a Conditional Use Permit: t'or 'the purpose ot operating an equ1p1Mn maintenance and st:oraqe area on the e.e't side ot county Road 31, in Section 25. The Planning commission makes the following Findings of Fact and Decision. .nmIRc:a o. ftCI' 1. The property is locatecl in the City's C-1 Zoning District. 2. The property is zoned l,;-J.. 3. The Applicants have been engaged in activities not: permit~ed by City ordinances. 4. The use to which the Applicants seek to put the property is not appropriate given the fact: that: it is located immediately next to a residential neiqhborhood. 5. Grantinq the Application would effectively expand business activity in and around existing wetlands that surround the property. 6. The proposed use will cause conditions that will be noxious to other property and persons. 7. T.be proposed u.. will not pr..erve ~. obj.o~iv.. of t:he Cit.y's ordin-anae. and will noot be consist.ent with t:h. Co~r.hen.iv. Plan. . D.a~.:rDJi The planning comai..ion deni.. ~e Applican'ts' reques't far a Conditional Use Permit. ()u" Adapted this \..l day ot mOAeA , 19'3. . -2- . . . . MINUTES PLANNING COMMISSION REGULAR APRIL 13, 1993 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 asked for comments on the minutes of March 9, 1993. Member Rotty suggested that the minutes reflect the reason for Member Schlawin's abstension as being a perceived conflict of interest on his part. This could be done by adding an asterisk by the action with a footnote at the end of the minutes. MOTION by Thelen, second by Rotty to approve the minutes subject to the footnote regarding Member Sch1awin's abstension. APIF, MOTION CARRIED. 3. Chairman Hanson opened the public hearing advertised for 7:00 P.M. regarding Dakota County Estates 8th Addition. The propo/3ed! 'plat needs some adjustment to bring it into conformance with the PUD of Dakota County Esta~~$.O~~ stub street to the south was omitted which already has been matched in the schem~tic 'development plan of the new landowner directly south of this proposed plat. Also, the planting plan for street trees needs adjustment to bring the concept of planting clusters into being. As drafted, the landscape concept shows long lines of dissimilar trees on opposing sides of the street. The Developer agreed with this recommendation. Comments from the Soil and Water Conservation District were restricted to issues related to the precautions that need to be taken regarding erosion during the development process and construction vehicles tracking debris onto City streets at the same time. The Fire Chief asked for a delay in comments on fire hydrant location until the City Fire Marshal returns from vacation. The City Engineer did not comment since he hasn't had a chance to review the submitted material. He was comfortable, however, that the comments would be restricted to engineering detail. Because the Developer is asking for 429 financing, the City Engineer will be providing the construction drawings for this plat. The Chairman suggested that, perhaps, when plats do not have all of the comments back in time for the public hearing, that the Planning Commission delay action to prevent them from proceeding to the City Council with unanswered questions. The other members discussed this suggestion and decided that it would be followed but that nothing involving the 8th Addition appeared to present problems warranting a delay. MOTION by Rotty, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Thelen to approve the preliminary plat of Dakota County Estates 8th Addition subject to the addition of a stub street on the south side of the plat, the redesign of the tree planting plan as requested by the City Planner, the location of hydrants as requested by the Fire Marshal, comments from the Soil and Water Conservation District, and engineering detail as recommended by the City Engineer. APIF, MOTION CARRIED. 4. City Planner Tooker outlined problems the Metropolitan Council has with the proposed MUSA land swap to provide sewer capacity to Riverside and Phase 1 of East Farmington proposed by the City. A letter from the Metropolitan Council Chair indicated that the quality of storm water runoff must be addressed along with shore1and regulations. This can be accomplished by adopting model language provided by the Council. The more serious problem appears to be a change in Council policy with regard to the actual swap of MUSA land areas. In essence, the message that land previously assessed may not be swapped out of MUSA which was not the case in 1990 Planning Minutes - 4/13/93 - Page 2 when the last amendment was adopted. MOTION by Sch1awin, second by Thelen to forwa.rl to the City Council the model language prepared by the Metropolitan Council which . includes a time line for the adoption of amendments to the stormwater plan ending . in December of 1994. APIF, MOTION CARRIED. 5. Chairman Hanson asked if the staff would contact the City Attorney if a procedure can be put in place that would prevent applicants from taking advantage of the time delay between when an ordinance is adopted and when it is published to avoid more stringent requirements of a zoning amendment. The consensus of members present indicated a favorable reaction to this suggestion. 6. There being no further business, the Commission agreed to adjourn at 8:50 P.M. Submitted by, (J/~ If! 1),~ Charles Tooker City Planner Approved S)t)Q3 , I . . . . I I I ~ I I MINUTES PLANNING COMMISSION REGULAR MAY 11, 1993 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Gramentz, Hanson, Rotty, Schlawin and Thelen. Members Absent: None. Also Present: City Planner Tooker. 2. The Chairmen asked for comments on the minutes of April 13, 1993. MOTION by Rotty, second by Thelen to approve the minutes of April 13, 1993 as distributed. APIF, MOTION CARRIED. 3. The Chairman opened the public hearing advertised for 7:00 P.M. regarding the rezoning of Riverside from R-3, High Density to R-1, Low Density to more closely reflect the platting of this land area. There was no one from the general public in attendance who wished to be heard. MOTION by Rotty, second by Thelen to close the public hearing. APIF, MOTION CARRIED. Member Schlawin said that while he was opposed to approving the plat, he does agree that the zoning should conform with the platted density. Chairman Hanson was concerned about leaving portions of R-3 Zoning which could be developed at that density adjoining the R-1 District. Other members believe that the problem will take care of itself. MOTION by Gramentz, second by Thelen to rezone the platted area of Riverside from R-3, High Density to R-1, Low Density. APIF, MOTION CARRIED. $. Chairman Hanson opened the public hearing scheduled for 7:10 P.M. requested by Northern Natural Gas Company regarding a conditional use to build an additional metering structure on its site northwest of the intersection of Trunk Highway 50 and County Road 31. Bity Planner Tooker said that after the hearing was advertised, Northern Natural Gas Company decided to include the new metering facility within one of the existing buildings. He also said that this decision by Northern Natural would prevent the City from requesting that the northeast corner of this intersection include some landscaping. MOTION by Rotty, second by Thelen to close the public hearing. APIF, MOTION CARRIED. 5. City Planner Tooker reviewed a revised request to be forwarded to the Metropolitan Council regarding a Comprehensive Plan Amendment to expand the City MUSA by 250 acres. This is in place of the amendment earlier forwarded which would swap approximately 65 acres to allow both Riverside and the first phase of East Farmington to proceed. That amendment was rejected by Metropolitan Council Staff as being against Council policy. The revised request is based upon the concept that the Southeast Area Storm Sewer, when in place, will have a major impact on the Farmington Infiltration and Inflow problem in the sanitary sewer system. In essence, the staff would support a MUSA expansion if the existing studies on I & I show that Farmington will indeed reduce substantially its existing contribution to the Empire Treatment Plant. MOTION by Gramentz, second by Rotty to forward a recommendation that the City Council seek to amend the Comprehensive Plan by expanding the MUSA up to 250 acres to accommodate both Riverside and East Farmington residential subdivision. APIF, MOTION CARRIED. ~, .., , , , , 6. Chairman Hanson opened the public hearing advertised for 7: 20 P .;~L 'Based '-UPbl1. a conditional use request from Richard VanPutten and Yvonne Schmid to build a 6 foot fence in a front yard on lot 8, block 6 in Dakota County Estates 6th Addition. City Planner Tooker pointed out that this lot represents a unique situation that the variance process was designed to address. The adjoining cul-de-sac is short . and off set, which means that the lot has 3 front yards and very little space for family privacy unless the applicant is permitted to build his fence in the front yard. MOTION by Schlawin and second by Gramentz to close the public hearing. APIF, MOTION CARRIED. MOTION by Schlawin, second by Rotty to grant a variance to allow a six foot fence adjoining lot 7 to be built on the property line up to the utility easement adjoining Elm Tree Circle, and to follow the easement line to the front line of the garage facing 183rd Street due to the unique block layout which creates a difficult to develop private yard. APIF, MOTION CARRIED. &. Chairman Hanson opened a public hearing advertised for 7:40 P.M. based upon a variance request from Earl Kelly to build a 70 foot radio tower on lot 50, block 1 of Chateau Manor. Mr. Kelly said that the proposed tower would be moved from the east side to the north side of his house to take advantage of existing tree cover as well as being in the rear rather than in a side yard. The request in- volves a 25 foot variance. There were no neighbors in the audience to discuss this proposed variance. MOTION by Rotty, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Schlawin to approve a 25 foot variance to allow the construction of a 70 foot radio tower on the north side of 621 Park Drive in Chateau Manor. APIF, MOTION CARRIED. 8. Chairman Hanson opened a public hearing advertised for 7:50 P.M. as requested by Raytheon Service Company for a variance to build an 8 foot fence in a front yard at the west end of Locust Street. The FAA owns all of the land at the west end of the cul-de-sac and has plans ready to start construction of a daycare center . on the south side of the street. The proposed fence is to protect a staging area to be utilized during construction of various additions to the FAA Center. It later will be developed into a parking facility. The site plan indicates that lilac bushes will be planted inside the fenced area to screen the stored material from 1st Street and three shade trees are planned to be placed within the Day Care facility to help screen the proposed parking lot from the High School property. There were no citizen comments on the requested variance. MOTION by Thelen, second by Ratty to close the public hearing. APIF, MOTION CARRIED. MOTION by Thelen, second by Rotty to grant a variance to the FAA Center for an 8 foot fence in a front yard based upon a reasonable attempt to screen the gravel staging area and parking lot plus the special orientation of this site at the end of a cul-de-sac in which all of the property being served is owned by the FAA. APIF, MOTION CARRIED. 9. Chairman Hanson suggested that since most of the members of the Commission have been involved, one way or another, in the annexation proposal recently acted upon by the City Council, it might be appropriate for the Commission to indicate its level of support. Following a brief discussion, Chairman Hanson offered a MOTION in support of the City Council action with respect to annexation which was seconded by member Schlawin. APIF, MOTION CARRIED. 10. There being no further business, the Commission adjourned at 8:45 P.M. Submitted by, t?f~s l1l;'~ City Planner Approved 6/)j/qJ . . . . MINUTES PLANNING COMMISSION REGULAR JUNE 8, 1993 1. Chair 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 Chair asked for comments on the minutes of May 11, 1993. MOTION by Rotty, second by Thelen to approve the minutes of May 11, 1993 as distributed. APIF, MOTION CARRIED. 3. Chair Hanson opened the public hearing advertised for 7:00 P.M. regarding the preliminary plat of Nelsen Hills Farm 2nd Addition. Planning Commission member Schlawin read a prepared statement involving concerns he has about the existing developer's agreement between the City and Heritage Development for the first phase of Nelsen Hills Farm. In discussing these concerns with the City Attorney, it was determined that he will participate in the discussions of the 2nd Addition as a resident rather than as a member of the Commission. Member Schlawin relinquished his chair with the Commission and joined the audience. City Planner Tooker reviewed the proposal which was approved along with the first phase both by the Planning Commission and the City Council. The plat contains 29 lots and will complete a street loop partially installed as part of Phase I. He identified a new requirement of the City regarding subgrades based upon pressure tests of the soil on site. He also indicated that the City Engineer is concerned about the City actually gaining title to outlots negotiated with the developer in Phase I. Craig Schlawin asked the developer specifically about: a. blacktop buried on site by Ryan Construction; b. concrete left on site behind a model home for a long period of time; and c. erosion control measures which have not been enforced. Kevin Von Riedel from Heritage Development indicated that he was not previously aware of any problems like those mentioned. City Planner Tooker said that as soon as complaints were raised, the engineering staff of the City directly involved the developer's consulting engineer. Member Rotty said that, while the developer was not directly informed, he is responsible for what happens on site. He voiced his displeasure with the lack of communication. Mr. Von Riedel responded that there have been frustrations on both sides of the performance issue. John Dobbs, also from Heritage Development, indicated that he has been investigating title company records to see if he can find out why the outlots have not been recorded. Brian Johnson, the engineer for Heritage Development, said that the contractor provided truck tickets indicating that the bituminous material had been hauled away. He also said that the silt fence went up after grading started and that replacements will be supplied this month. MOTION by Rotty, second by Thelen to close the public hearing. VOTING FOR: Gramentz, Hanson, Rotty, Thelen. OPPOSED: None. ABSTAIN: Schlawin. MOTION CARRIED. MOTION by Rotty, second by Gramentz to forward a recommendation for approval to the City Council subject to the completion of some engineering detail requested by the City Engineer and transferring title of the outlots in Phase I as negotiated in th,e developer.' s", agreement. VOTING FOR: Gramentz, Hanson, Rotty, Thel~!l. OPPOSED: None. . ABSTAIN: Schlawin. MOTION CARRIED. ' Planning Minutes - 6/8/93 - Page 2 4. Member Sch1awin rejoined the Planning Commission table. 5. Chair Hanson opened the public hearing scheduled for 7:15 P.M. regarding the PUD for Prairie Creek, a 260 lot residential subdivision. The plat is designed as a transitional neighborhood in terms of lot size which will link small lots in Dakota County Estates with normal low density lots in both Akin Park Estates and Silver Springs. It was explained that, because the abstract company did not provide the list of names in a timely fashion, no decision would be made during this meeting. A later meeting needs to be scheduled so that property owners within 350 feet can be notified. Warren Israelson, the developer of Prairie Creek, explained the layout in considerable detail and said that he is confident that ~ can incorporate the needs of the City Engineer into the submittal in time to schedule the hearing on June 29, 1993. One resident of Dakota County Estates was present and asked a few questions about the proposed PUD. MOTION by Rotty, second by Schlawin to continue the hearing until June 29, 1993 at 7:00 P.M. with staff providing a mailed notice to property owners within 350 feet. APIF, MOTION CARRIED. 6. The Chair recognized Kathleen Slagter of 19041 Embry Lane who asked for an informal discussion of a beauty shop home occupation at that address. Chair Hanson, who had a copy of the covenants for Akin Park Estates, asked if Ms. Slagter had checked with the neighborhood association since the covenants appear to rule out home occupations. She said that it would be possible for her to investigate this and would decide afterward if she intends to pursue the home occupation request. 7. The Chair recognized Glen Borchardt who would like to seek a conditional use home occupation permit for 5855 Upper 182nd Street in Hill Dee where he would like to operate a T.V. repair shop. The Commission could foresee no problems with such a request since there are other home occupations in this neighborhood. Mr. Borchardt was informed of the costs associated with the hearing and mailed notice. His response suggested that he would be thinking over his options. 8. City Planner Tooker described a request from the HRA to place off premise directional signs on Highway 50 indicating the location of the Industrial Park. He pointed out that the purpose of the off premise directional sign regulation was to provide help to people unfamiliar with the location of particular industries in locating facilities not situated along trunk highways. Member Schlawin suggested that the HRA might better invest its money in an entrance sign since the industrial park is located on a State Trunk Highway. The Commission members agreed that the request is not consistent with the objectives of the sign ordinance. MOTION by Schlawin, second by Gramentz to deny the request from the HRA to place two directional signs for Farmington Industrial Park within the right of way of Highway 50. APIF, MOTION CARRIED. 9. There being no additional business, the Commission agreed to meet again on June 29, 1993 at 7:00 P.M. and adjourned at 9:20 P.M.. Submitted by, {J/~ 1! ~~ Charles Tooker City Planner 1 /;}/9 3 Approved . . . . Craig Sch1awin statement to be attached to minutes of June 8, 1993. AEQlIlTROn mEDICAt In[ tv1N S544:;'-4834 lJSA OPEN FORUM STATEMENT TO THE CITIZENS OF FARMINGTON, CITY STAFF AND THE FARMINGTON PLANNING COMMISSION. Due to the close proximity of this development to my personal residence, and the easement requirements on my property, I have a greater interest in this 2nd Phase than normal. Several questions pertaining to the developers agreement on Phase I and the status of compliance need to be asked and adequately answered prior to the discussion of addition of the 2nd Phase for this site. My intentions pertaining to this project will be to review it with the same rationale, logic and professionalism that I would review a Medical Device or any . other project in which I come in contact with. I will do my best to keep the questions and tone pertaining to this project on a professional level. At this point, based on a discussion with the City Attorney and following his advice, I will step down from this commissioners seat and address my concerns as a private citizen. . . MINUTES PLANNING COMMISSION SPECIAL JUNE 29, 1993 1. The meeting was called to order at 7:00 P.M. by Chairman Hanson. Members Present: Gramentz, Hanson, Rotty, Schlawin, and Thelen. Members Absent: None. Also Present: City Planner Tooker. 2. Chairman Hanson opened the Public Hearing advertised for 7:00 P.M. on a request from Warren Isrealson, the developer of Prairie Creek PUD, which is situated on the east side of County Road 31. The purpose of the hearing is to provide nearby land owners information about the proposed residential neighborhood. Chairman Hanson said that he will have a financial interest in a portion of the PUD, therefore he would abstain from the discussion and any action taken on the proposal. City Planner Tooker outlined changes that were made in the layout of the PUD which responded to earlier staff comments. The PUD contains 260 residential lots and one business lot and will integrate wetland preservation and ponding within the development. Warren Isrealson indicated that he has plans for three sizes of housing units to provide a transition between Dakota Estates and Silver Springs plus Aking Park. He anticipates the use of brick on the font elevation of each housing unit. Member Schlawin asked about the timing of park dedication within the PU~ Mr. Isrealson said that the park will be part of the second phase of platting.~There being no questions or commenfs from the public, the Chairman entertained a motion to close the pub~ic hear:n~ MOTION by Gramentz, second by Thelen t:",~p,~zv~the ~<hein~\~, PUD :~bJ;~~ ~~iiity of the City to secure MUSA thrOUghout<~~~\{~~\C~~d ~~JJr~a'} within Prairie Creek. b. The Developer working up an accurate breakdown of the land within MUSA, the land that could be traded and the land required for expansion. c. The understanding that the crossing of Embers Avenue will include a bridge structure of the type the City staff provided the developer, a copy of which will be included with PUD documentation. d. The understanding that the concept will need to be refined once detailed engineering work has been completed on the size of wetland mitigation and N.U.R.P. ponding requirements. e. Reimbursement to the City for the easement it acquired from the Stegmaiers when Silver Springs and Nelsen Hills Farms were developed. VOTING IN FAVOR: Gramnetz, Rotty, Schlawin, and Thelen. OPPOSED: None. ABSTAINING: Hanson. MOTION CARRIED. 3. City Planner Tooker reviewed a proposed Comprehensive Plan Amendment to expand MUSA limits by 13 acres to allow the extension of sanitary sewer services to Wausau Supply Company. All members present strongly favored this expansion. MOTION by Rotty, second by Schlawin to forward a recommendation to the City Council for the approval of the Comprehensive Plan Amendment which will allow expansion of MUSA limits to include Wausau Supply Co. APIF, MOTION CARRIED. 4. The Planning Commission reviewed a schematic plan for the division of the John Tschol property on Flagstaff Avenue with an overall density of 4 units in ~40acres. The principal objection raised by staff was a layout which included a long cul-de-sac without any ability for an extension that would create a loop. It was compared unfavorably with the Design Center schematic plan prepared for an earlier meeting of the City Council. Member Rotty said that his understanding of the City * 6Le- ~<2-~ ~,,-> '71t vff-,J~ '0 7;13/13 Planning Minutes - 6/29/93 - page 2 Council directive to Mr. Tschol was that any plan proposed should meet all City codes. He also raised the issue of an overall land use study around Farmington which would indicate those areas where very low density housing might be located successfully. Member Schlawin said that he does not believe that the schematic plan represents the best use of this land area and that the layout is unacceptable. MOTION by Schlawin, second by Thelen to return the schematic plan as being unaccept- able. It does not meet the requirements of the City code and the land should not be developed in this manner at the present time. An overview of the entire area is necessary before evaluating this proposal for the 160 acre tract. APIF, MOTION CARRIED. . 5. City Planner Tooker raised an issue regarding conditional use requirements for off-premise directional signs. The only sign affected belongs to Gerten Greenhouse and the process is quite expensive. The Commission agreed informally that the requirement is reasonable and that a letter should be sent notifying Paul Gerten that this section of the code needs to be satisfied. 6. Under general discussion the subject of the Pluntz shed was raised. Member Gramentz said that he had been told that the shed had been sold but that the ground was too wet to bring in equipment. The City Planner was instructed to send a letter to Mr. Pluntz providing him a deadline for shed removal. 7. There being no additional business, the Commission agreed to adjourn at 8:45 P.M. Submitted by, tY~ 4! 1J,1d- -f 7/3/f-3 CiAl-- Ull/\.x c."Z <-Q., !~ \?~~Y\ ';). $6 1}3jtf3 Charles Tooker City Planner Approved yy, -! cv...t~ . MINUTES PLANNING COMMISSION REGULAR JULY 13, 1993 1. The meeting was called to order at 7:00 P.M. by Chairperson Hanson. Members Present: Gramentz, Hanson, Rotty, Schlawin, Thelen. Members Absent: None. Also Present: None. 2. The Chairperson asked for comments on the minutes of June 8, 1993 and June 29, --1 993. Craig Schlawin asked if his prepared statement would be part of the minutes or kept on file with the minutes. Chairperson Hanson indicated that past policy suggested that they would be kept on file with the minutes. Cheryl Thelen said that Item #2 of the June 29th minutes does not record the matter of the motion to close the public hearing. The names of Schlawin and Rotty should be identified as maker and second of the motion. It was also suggested that Item #4 should read 4 units in 40 acres. MOTION by Rotty, second by Schlawin to approve the minutes of June 8th and June 29th as corrected. APIF, MOTION CARRIED. 3. A public hearing to discuss a height variance requested by Dakota Electric for a 150 foot high communication tower opened at 7:05 P.M.. Edward Bronkhorst was present to discuss the tower. He submitted informational material for the Commission and staff on the tower functions. He indicated that the proposed location of the tower is to be on the south side of the new addition on the east. The tower has received licensing approval by all the proper agencies. Mr. Bronkhorst also indicated that the tower is to withstand wind gusts in excess of 70 miles per hour. In addition, the cold storage building on the south side of the present building will be removed. MOTION by Gramentz, second by Thelen to grant the requested height variance. VOTING IN FAVOR: Gramentz, Hanson, Schlawin, Thelen. ABSTAIN: Rotty. MOTION CARRIED. 4. Discussion of a fence variance for the property at the northeast corner of Ash and 4th Street was opened by the Chairperson. Larry Erickson was present briefly and indicated to the Chair that the fence posts are in place. The Commission continued discussion. There was a consensus among members that two things needed to be done. First the right of way on Ash Street needs to be determined and, second, there is a need for a more detailed site plan. Member Gramentz asked if the party had considered the option of possibly planting blue Spruce trees in place of the fence. 5. The Commission discussed the Musical Concepts proposal. There was not enough information available and no representative from Musical Concepts was in attendance to discuss the subject. 6. The possibility of holding a special meeting on August 3rd to accommodate a public hearing for Subway was discussed. The idea of consolidating both the public hearing and regular meeting agenda into the August 3rd meeting was suggested. 7. MOTION by Gramentz, second by Thelen to adjourn at 7:40 P.M. Submitted by, Cheryl Thelen Commissioner Approved . MINUTES PLANNING COMMISSION SPECIAL MEETING AUGUST 3, 1993 1. The meeting was called to order at 7:05 P.M. by Chair Hanson. Members Present: Gramentz, Hanson, Rotty, Schlawin, Thelen. Members Absent: None. Also Present: City Planner Tooker. 2. The Chair opened the hearing advertised for 7:00 P.M. which was requested by Mark Gerry from Hastings, Minnesota, for a conditional use to convert an existing automobile dealership new car preparation garage to a Subway fast food restaurant. City Planner Tooker made the presentation outlining existing off street parking requirements in the zoning ordinance but explaining that the B-2 District is exempt because of the general wall to wall business uses in the downtown. Mr. Gerry had prepared an analysis of parking which indicated an average need of 12 parking spaces if all customers arrived directly by automobile. Member Schlawin suggested that six parking stalls plus one handicapped does not meet their average needs. Mr. Gerry answered that the Subway he operates in Hastings has approximately the same ratio of parking to seating inside and that it appears to work. Member Thelen asked about this history of this building as a former service station and wondered if the fuel tanks had been removed. Mr. Gerry said that they had been removed and that all of the soil tests performed on site to date have been negative with respect to contamination. Member Rotty asked about the status of conditional uses since this will be a leased facility. Planner Tooker said that the conditional use goes to the land and the bu~ldings not the lessee. Willard Barnett spoke about the traffic problem at the intersection of Third and Elm Streets and asked if the City has made any progress regarding a traffic signal at this intersection. Member Rotty said that a study was done but the cost of such a light was prohibitive. Willard Barnett also was concerned about parking problems downtown. Member Rotty responded that the Council had recently proposed to increase off street parking to benefit downtown business uses but the downtown business owners were opposed to such action. Member Thelen asked if the existing concrete will be removed in planting areas and if an overlay of bituminous material will be placed on the concrete that stays. Mark Gerry said that he understands that planting areas will be created and usually such work ultimately requires complete overlay of the parking surface. MOTION by Schlawin, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION Gramentz, second by Rotty to approve the conditional use requested by Mark Gerry for a Subway fast food restaurant at the corner of Third and Elm Streets subject to the applicant's submission of a landscape plan acceptable to the City Planner, off street parking for seven automobiles, and that all signs meet the standards of the existing City Code. APIF, MOTION CARRIED. 3. The Chair recognized Lorraine Musson who wishes to place a sign over her entrance on the north side of the Farmington Printing building at 306 4th Street. The question involved signs on more than two sides of the building. Farmington Printing has two such signs. The City Planner reviewed the sign ordinance again and pointed out that perhaps the problem can be handled under the provisions outlined for multi tenant buildings. It appears that if the aggregate signage on the building is less than 100 square feet, a permit can be issued. The Commission members agreed that this would be an appropriate answe to the question raised by Ms. Musson. 4. Bill Erickson was recognized by Chair Hanson. He appeared for his mother, Charlotte Erickson at 1021 4th Street. regarding her wish for a six foot fence in the front yard adjoining Ash Street to be used as a sound baffle. Members Rotty and Hanson explained that the Commission would consider granting a variance to build a six foot fence in the Ash Street front yard only. The fence forward from the front side of the house on 4th Street, however, would need to be kept to four feet in height. Mr. Erickson was happy to have this information and will submit a formal request for a variance. 5. City Planner Tooker indicated that while he had reviewed the draft Flood Plain Ordinance amendment, the DNR model ordinance was misplaced and needs to be replaced before a full discussion can occur. 6. The Commission members questioned the absence of Tim Carr and asked the Planner to contact him for an appearance on August 17th. 7. There being no further business, the Commission agreed to adjourn at 8:15P.M.. d1:tt;: 1i~ Charles Tooker City Planner Approved . . . MINUTES PLANNING COMMISSION SPECIAL AUGUST 17, 1993 1. Chair 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. Chair Hanson opened the public hearing advertised for 7:00 P.M. to discuss the preliminary PUD and preliminary plat of East Farmington. City Planner Tooker made a brief presentation. This was followed by general criticism from the audience about the timing of the plat. The general discussion focused on construction of the stream and giving it an opportunity to get rid of the water problem before allowing Sienna Corporation to proceed with platting. There was considerable disbelief among the hearing participants that the system will work as designed. When the discussion was returned to the Commission table, Member Rotty asked about the mitigation plan for the PUD. City Planner Tooker indicated that the staff had recommended against forwarding the PUD to the City Council until the questions about mitigation, NURP pond and parks had been settled. Chair Hanson said that he was not comfortable sending a preliminary plat forward to the Council without having the PUD to send with it. Members Schlawin and Gramentz said that they favored forwarding the preliminary plat since it is exactly as had been proposed and approved in the schematic plan. MOTION by Sch1awin, second by Thelen to close the public hearing. VOTING FOR: Gramentz, Hanson. Schlawin, Thelen. OPPOSED: Ratty. MOTION CARRIED. MOTION by Sch1awin, second by Thelen to table discussion of the East Farmington PUD until the next meeting. APIF, MOTION CARRIED. MOTION by Gramentz, second by Schlawin to forward the preliminary plat of East Farmington to the City Council with a recommendation to approve. VOTING FOR: Schlawin and Gramentz. OPPOSED: Hanson, Ratty, Thelen. MOTION FAILED. MOTION by Rotty, second by Thelen to table the preliminary plat of East Farmington until August 31, 1993. APIF, MOTION CARRIED. 3. Chair Hanson opened the public hearing requested by Katherine Slagter to operate a beauty parlor in her house at 19041 Embry Lane with only one station. Questions were raised about covenants in this subdivision and one of the residents in attendance indicated that covenants in place were not enforced. MOTION by Gramentz, second by Rotty to close the hearing. APIF, MOTION CARRIED. MOTION by Thelen, second by Rotty to approve the Conditional Use Home Occupation for a beauty shop with one station at 19041 Embry Lane. APIF, MOTION CARRIED. 4. Chair Hanson opened the public hearing requested by William Jacobsen for a variance to build a garage in front of the setback at the intersection of Upper and Lower 182nd Street West. City Planner Tooker said that the site plan submitted by Mr. Jacobsen did not accurately reflect the layout of the lots at this intersection. His recommendation was for the Commission to request a continuance until the next meeting. MOTION by Rotty, second by Thelen to continue the hearing until August 31, 1993. APIF, MOTION CARRIED. 5. Chair Hanson opened the public hearing for the preliminary plat of Farmington City Center. City Planner Tooker outlined the proposal and indicated that the staff has recommended a delay in decisions concerning the plat due to insufficient information. General discussion indicated a concern about traffic, closing the First Street crossing and access for emergency vehicles. by Rotty to continue the hearing until August 31, 1993. MOTION by Thelen, second APIF, MOTION CARRIED. 6. There being no additional business, the Commission agreed to adjourn at 9:30 P.M.. Submitted by, Charles Tooker City Planner Approved 0\ \ V\ V,0) . . . MINUTES PLANNING COMMISSION SPECIAL AUGUST 31, 1993 1. Chair 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. Chair Hanson opened the public hearing advertised for 7:00 P.M. to discuss the preliminary plat and PUD of prairie Creek proposed by Warren Israelson. The property is situated in the SW 1/4 of Section 13 and lies between Dakota County Estates and Silver Springs. The PUD and preliminary plat are essentially as approved in schematic form but the preliminary plat contains 57 lots and is dependent upon Silver Springs for access. The major issue confronting approval of both the PUD and plat is the City owned open storm sewer which is oriented east and west and designed to handle storm water from Nelsen Hills, Silver Springs and prairie Creek. The storm sewer will be moved northward into an outlot which will be dedicated to the City. The City Engineer has observed the need to extend the outlot at least as far as the DNR wetland to assure continued drainage of this residential area. If the DNR requires that the drainage ditch should be extended into the wetland, some mitigation measures may need to be carried out. Member Rotty asked if these mitigation measures would affect the layout of the PUD. The response from staff was negative. Member Thelen asked about the landscape requirements of the plat. City Planner Tooker explained the planting plan and indicated that he recommended some changes that would introduce species of one type at intersections rather than four species as shown on the plan. MOTION by Schlawin, second by Gramentz to close the public hearing. VOTING FOR: Gramentz, Rotty, Schlawin, Thelen. OPPOSED: None. ABSTAIN: Hanson. MOTION CARRIED. MOTION by Gramentz, second by Thelen to recommend approval of Prairie Creek PUD and the preliminary plat of the first phase to the City Council subject to the following: A. Approve PUD subject to the addition of the following three items to the report: 1. reduced architectural drawings and site plan of the business center at Pilot Knob Road; 2. photographs of typical housing that will be located in the three values of lots indicated in the schematic plan; 3. EAW prepared as part of the PUD. Planning Minutes - 8/31/93 - Special - Page 2 1. the provision of a right of way and construction of a drainage way to City specifications to replace the drainage way already built by the City with the understanding that this does not impact the storm water management fee for the site; . B. Approve Preliminary Plat subject to: 2. come to terms with Mr. Stegmaier over the money in escrow for the existing drainage way; 3. addition of the easement secured by Jack Benedict from Mr. Stegmaier that runs through Outlot A; 4. extension of Outlot C through Outlot A to assure proper drainage of the plat; 5. completion of any mitigation measures that may be required by the DNR in dealing with the ponding area in Outlot A. VOTING FOR: Gramentz, Rotty, Schlawin, Thelen. OPPOSED: None. ABSTAIN: Hanson. MOTION CARRIED. 3. Chair Hanson opened the public hearing advertised for 7:20 P.M. as requested by Charlotte Erickson for a variance that would allow a six foot fence in a front yard which faces Ash Street. The reason for the request is to provide a noise barrier to mitigate traffic sounds along Ash Street. MOTION by Rotty, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Ratty, second by Schlawin to allow construction of a 6 foot fence on the property line adjoining Ash Street between the front line of the house and the garage. The reason for the variance is to deaden the sound of traffic noise along Ash Street. APIF, MOTION CARRIED. 4. Chair Hanson opened the public hearing advertised for 7:30 P.M. regarding a conditional use request from Farmington Floral to continue to use an off premise advertising sign at the intersection of willow Street and Highway 3. City Planner Tooker indicated an interest in reworking the zoning ordinance to eliminate the conditional use process for advertising signs. Chair Hanson suggested that perhaps the conditional use hearing should remain in effect for the original request but thereafter annual review of the sign could be handled by the staff. There was general agreement that this would be a sound approach. MOTION by Rotty, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Gramentz to approve the continued use of the off-premise directional sign as requested by Farmington Floral. APIF, MOTION CARRIED. The staff was directed to investigate a possible redraft of this section of the ordinance for Planning Commission review. 5. Chair Hanson opened the public hearing advertised for 7:40 P.M.. as requested by the City Council for a discussion of the Design and Materials section of the City Code as revised. The principal question raised by the Commission involved the number of accessory . . Planning Minutes - 8/31/93 - Special - Page 3 buildings and whether or not the reference in 4-5-5 (C) 1. would limit the total size to 800 square feet or 1000 square feet with a conditional use or if there could be 2, 3 or 4 accessory buildings of 800 or 1000 square feet each. The preference of Commission members would be an aggregate of all such buildings limited to 800 or 1000 square feet. There was a suggestion that the staff should check on the definition of garages and storage buildings before a recommendation is made to the City Council. MOTION by Schlawin, second by Hanson to close the public hearing. APIF, MOTION CARRIED. MOTION by Schlawin, second by Rotty to recommend approval of the Architectural Design and Materials section of Title 4 in the City Code to the City Council. APIF, MOTION CARRIED. 6. The Chair then reopened the public hearing requested by William Jacobson for a variance to build a garage 10 feet in front of the front yard setback at 5770 Lower 182nd Street. The Commission members questioned their ability to grant a 10 foot variance when the ordinance was drafted to allow only 5. City Planner Tooker said that the ordinance was drafted to protect visibility or sight lines for houses side by side. This application is to extend a setback for a garage between two houses that are back to back on a very wide paved nyn intersection. The application of such a variance to any other location in the city is negligible. MOTION by Rotty, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Thelen to grant a 10 foot variance to 5770 Lower 182nd Street to build a garage in front of the existing setback because of the unique situation both in the City and on the lot, subject to the applicant submitting a landscape site plan to the City planner for his approval. VOTING FOR: Gramentz, Rotty, Schlawin, Thelen. OPPOSED: Hanson. MOTION CARRIED. 7. Chair Hanson recognized Harvey Snyder and Clyde Thompson who had asked for a 10 minute informal discussion with the Commission to obtain feedback that they might use in preparing a preliminary plat for a town house proposal on Ash Street. The proposal involves 22 town house units situated on a farm house site located between Hickory and Ash Street. The concept was explained and given positive feedback by the Commission. 8. Chair Hanson recognized Tim Carr for the purpose of discussing a citizen request form to investigate the possibility that Mr. Carr had an undocumented home occupation. Mr. Carr explained that he had lawn mowers which were operated by his son and a friend of his son and that the business actually was conducted entirely at the home of clients. Member Rotty questioned whether or not there was a need to regulate the business since any carpenter, electrician or plumber in the City who brought a vehicle home would be similar to the mowing service. Chair Hanson suggested that it might be better to regulate the use before the neighborhood became built up. Member Rotty responded that the City cannot require an application if the individual did not wish to apply. The Commission members agreed with this and thanked Mr. Carr for attending the meeting. Planning Minutes - 8/31/93 - Special - Page 4 9. Chair Hanson opened the public hearing which was continued regarding the preliminary plat for Farmington City Center. The preliminary plat has a need for three variances and the earlier discussion focused attention on the railroad crossing at Main Street which would be closed if the City Center is developed as currently planned. Discussion also was directed to access from Elm Street and the potential need for extraordinary measures to get traffic through Farmington as well as to handle the vehicles that will move in and out of the proposed center. George Daniels, one of the partners involved in the project, outlined traffic information that was put together by Barton-Aschman Associates, Inc. involving peak entry/exit volumes for the proposed project. While the trip volumes are significant, the information suggests that much of the traffic that will go to the Center is already utilizing the highway and will combine shopping visits with trips from work to home. Major concerns raised by the Commission involved the need for variances and traffic circulation. Chair Hanson asked why the building could not be turned or moved to the east. Jerry Henricks responded that the site has been redesigned several times and if the building were to be moved, the circulation patterns would not result in a direct link with the Hardee entrance, which in turn would not produce a reasonable traffic pattern on Elm Street. Member Rotty said that this plan will not provide enough green space to protect adjoining property owners to the north. Jerry Henricks suggested that the HRA was looking for ways to introduce additional green space west of First Street. Member Thelen indicated that she would like to ask for additional information or comment from the Minnesota Department of Transportation. Member Schlawin asked for the most recent vote concerning the proposed development plan. Jerry Henricks said that the most recent vote occurred in July and included two abstentions based upon a potential conflict of interest. The vote at that time was 3-0 in favor of the site plan that has been presented with this plat. MOTION by Gramentz, second by Rotty to close the public hearing. APIF, MOTION CARRIED. The Chair decided that the Commission would consider the three variances in sequence and then take action on the preliminary plat. MOTION by Schlawin, second by Gramentz to approve the variance that will provide access to the two lots north of the plat by an 80 foot wide easement rather than a street right of way. VOTING FOR: Gramentz, Rotty, Schlawin, Thelen. OPPOSED: Hanson. MOTION CARRIED. MOTION by Schlawin, second by Hanson to deny the variance requested to reduce the 40 feet of landscaped area between the grocery store service court and First Street to 20 feet with the major portion of the landscaping to occur within the public right of way. VOTING FOR: Hanson, Thelen, Schlawin. OPPOSED: Gramentz, Rotty. MOTION CARRIED. MOTION by Gramentz, second by Rotty to approve a service court opening onto the proposed First Street cul-de-sac to exceed 100 feet rather than the 32 feet required by City Code. VOTING FOR: Gramentz, Rotty, Thelen. OPPOSED: Hanson and Schlawin. MOTION CARRIED. The Chair then entertained a motion to dispose of the preliminary plat. MOTION by Gramentz to recommend that the City Council approve the preliminary plat of Farmington City Center. There being no second the motion was withdrawn. MOTION by . I . I Planning Minutes - 8/31/93 - Special - Page 5 Gramentz, second by Hanson to forward a recommendation that the City Council deny the preliminary plat of Farmington City Center. VOTING FOR: Gramentz, Hanson, Schlawin. OPPOSED: Rotty, Thelen. MOTION CARRIED. 10. City Planner Tooker reintroduced the Commission to East Farmington PUD and outlined the changes introduced by the developer since the last meeting. He focused attention on wetland mitigation and ponding basins, parks and NURP ponds. Member Rotty commended the developer for completing the PUD elements which were included at the previous meeting. He reaffirmed his understanding that the First Phase should not precede approval of the entire PUD. MOTION by Schlawin, second by Gramentz to recommend approval of the PUD and Preliminary Plat of Phase I of East Farmington subject to the following: PUD: 1. Dedication of a five acre park at the intersection of Twelfth Street and Highway 50 and a 3 acre park south east of the 90 degree turn on County Road 72 outside of the northeast corner of the PUD. 2. The land use pattern as proposed in the schematic plan except where modifications were required to deal with wetlands. The single family housing will be complimented by town houses and multiple family dwellings at Highway 3 and Larch Street and County Road 72 and Twelfth Street, respectively, and a revised plan for town houses at Highway 3 and Twelfth Street which will be developed at an overall density of 12 units per acre. 3. NURP, wetland and ponding storage areas in the volume and approximate location as indicated in the preliminary Wetland Mitigation plan dated August 25, 1993. Preliminary Plat: 1. Approval of MUSA boundaries by the Metropolitan Council to include the entire plat. 2. The extension of Eleventh Street to Maple Street to provide three access points into the plat. 3. The approval by MnDOT of access points from Highway 3 at Larch and Spruce Streets. 4. The revision of the planting plan to allow more diversity of tree species in each of the streets, plus the addition of street trees in the right of way on the south side of Larch Street. 5. The creation of an outlot in Block 2 to accommodate wetland avoidance. Planning Minutes - 8/31/93 - Special - Page 6 6. The addition of 10 foot wide rights of way to the outlots in Blocks 4-11 to provide a clear definition of neighborhood access. 7. The creation of a pedestrian link between Phase I and the Prairie Waterway which will help link the new housing to the prairie waterway during the first phase of development. APIF, MOTION CARRIED. 11. There being no further business, the Commission agreed to adjourn at 10:30 P.M.. Submitted by, cY ~ /j} 1J,~ ~ 1\ l-\I 0\':> Charles Tooker City Planner Approved I . MINUTES PLANNING COMMISSION REGULAR SEPTEMBER 14, 1993 1. Chair Hanson called the meeting to order at 7:00 P.M.. Members Present: Gramentz, Hanson, Rotty, Thelen. Members Absent: Schlawin. Also Present: City Planner Tooker. 2. The Chair asked for comments on the minutes of August 17 and 31, 1993. MOTION by Gramentz, second by Rotty to approve the minutes of August 17, 1993 as distributed. APIF, MOTION CARRIED. MOTION by Rotty, second by Thelen to approve the minutes of August 31, 1993 as submitted. APIF, MOTION CARRIED. 3. Chair Hanson opened the public hearing advertised for Heritage Development regarding a conditional use for a Vista Telephone Company switching station on the west half of Lot 1, Block 3, Nelsen Hills Farm. City Planner Tooker made a brief presentation reviewing information previously discussed by the Commission. Chair Hanson asked about the size of the lots that would be created by the division of Lot 1 since Vista Telephone Company would hold title to the property. He was satisfied that both lots are larger than minimum requirements for the R-1 District. MOTION by Rotty, second by Thelen to close the hearing. APIF, MOTION CARRIED. MOTION by Thelen, second by Gramentz to approve the requested conditional use for a Vista Telephone switching station on Lot 1, Block 3. Nelsen Hills Farm. APIF, MOTION CARRIED. 4. Chair Hanson recognized Larry Ihle from Dexterity Dental Arts who requested that the Conditional Use granted to 310 Division Street for a dental laboratory include a revision to the site plan which would add four off street parking spaces directly in front of the main entrance facing Division Street. City Planner Tooker suggested that the four spaces as proposed do not change the site plan since the driveway width will not change until after the curve which brings the driveway parallel with the building. The street entrances will stay at 16 feet. MOTION by Rotty, second by Thelen to approve a minor revision to the conditional use site plan for the Dexterity Dental Arts building at 310 Division Street subject to the submittal of a landscape plan and its approval by the City Planner. APIF, MOTION CARRIED. 5. The Chair also asked Mr. Ihle to review his request for a sign larger than is permitted by the existing sign ordinance. The general discussion suggested that the sign ordinance should be revisited to see if a larger sign might be warranted for conditional uses within residential districts. Chair Hanson said that he did not wish to delay the installation of a new sign but did not believe that the Commission could authorize anything larger than the ordinance promotes. Member Gramentz said that he would support a change that would allow larger signs in residential districts where business uses were involved. The Chair suggested that Mr. Ihle would be able to install a sign larger than the ordinance calls for with the understanding that if the ordinance is Planning Minutes - 9/14/93 - Page 2 not changed, the sign would need to be removed and brought into . compliance at the expense of the owner. Mr. Ihle indicated that he would be willing to take the risk since he is preparing the building and grounds for out of state visitors. He plans to order . the sign with the understanding that it may need to be replaced later. 6. City Planner Tooker reviewed a letter from the DNR which responded to the City proposal regarding Flood Plain Management. The specific comment involved a revision in wording that was acceptable to the members present. The next step would be a public hearing to be held by the Commission followed by a recommendation to the City Council. MOTION by Gramentz, second by Thelen to set a public hearing on the proposed Flood Plain Management Ordinance as revised. APIF, MOTION CARRIED. 7. Chair Hanson recognized Beth Sagers who lives at 5176 191st Street. Ms. Sagers has been notified by the Building Official that a fence built in her yard extends into a front yard. The Commission members agreed that her only option other than removal of the offending portion of the fence would be to apply for a variance. Ms. Sagers agreed that this would be her next step. 8. There being no additional business, the Commission agreed to adjourn at 8:25 P.M.. t't:Xte~y1J,~ Charles Tooker City Planner Approved I());~/Cf 3 , I . I . MINUTES PLANNING COMMISSION SPECIAL SEPTEMBER 20, 1993 1. Chair Hanson called the special meeting to order at 6:30 P.M.. Members Present: Gramentz, Hanson, Thelen. Members Absent: Rotty, Schlawin. Also Present: City Planner Tooker. 2. Chair Hanson opened the public hearing advertised for 6:30 P.M. regarding the variance request for City Center Plat. The issue involves a variance to the required 40 feet of landscaped yard which must separate loading dock areas from residential uses. The plan shows a 25 foot area with all but 5 feet within the street right of way. The Chair said that because the original request was forwarded to the Council with a negative vote that was split, there was some sentiment on the Commission to wait for a decision at a time which would involve all of the members. MOTION by Hanson, second by Thelen to continue the hearing until 7:00 P.M. on September 28, 1993. APIF, MOTION CARRIED. 3. Member Rotty arrived at 6:33 P.M.. 4. Chair Hanson entertained a motion to adjourn. Member Gramentz asked for a discussion of the revised proposal in order to provide Commission Members input for a later decision. Chair Hanson said that it would be better if the Commission Members could all receive this input at the same time. MOTION by Hanson, second by Thelen to adjourn. VOTING IN FAVOR: Hanson, Rotty, Thelen. OPPOSED: Gramentz. MOTION CARRIED. Submitted by, tY~ tf! 1h~ Charles Tooker Planner lof~/C;3 . ~ Approved: . . MINUTES PLANNING COMMISSION SPECIAL SEPTEMBER 28, 1993 1. Chair 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. 2. The Chair opened the public hearing continued from the Special Meeting of September 20, 1993. City Planner Tooker outlined the variance requested by the developers of Farmington City Center to reduce the landscaped yard between the proposed More 4 grocery store service court and the street by 35 feet, or from 40 feet to 5 feet but including a landscaped berm of 20 feet within the right of way of First Street. There were questions from Commission members to the developer, George Daniels, regarding the building materials which are to be stone faced block. Other review questions involved the access from Elm Street and the possible extension of the block wall that will be built on site to help separate the service court from the street right of way. Member Schlawin asked about extending the wall another 5 to 10 feet to further protect the street right of way from service court activity and noise. Peggy Schmidtke was recognized from the audience. She read a prepared statement regarding the lack of criteria for granting a variance. Staff was asked to respond. 3. Craig Schlawin was excused at 7:30 P.M. to attend another meeting. 4. Public Hearing continued. The location of the building on this site was cause for additional discussion. The result from all of the questions to Mr. Daniels was that the building needed to be oriented and placed as proposed to meet the needs of Erickson/More 4, both for parking and delivery of grocery stock. MOTION by Rotty, second by Gramentz to close the public hearing. APIF, MOTION CARRIED. Member Rotty suggested that additional screening or fencing could be added to the site plan. MOTION by Gramentz, second by Rotty to approve the requested variance subject to the extension of the 8 foot service yard wall within private property up to 10 feet, with plantings in front that could be placed within the street right of way. VOTING FOR: Rotty, Gramentz. VOTING AGAINST: Hanson, Thelen. MOTION FAILED. 3. Chair Hanson recognized William Jacobson from 5770 Lower 182nd Street who had a public hearing on a variance to build an accessory garage in front of the existing front yard setback. As explained by Mr. Jacobson and the City Planner, it appears that there was a general misunderstanding of the need as expressed by Mr. Jacobson and the site location presented in the site plan. Members of the Commission understood the need to be a 10 foot variance whereas Mr. Jacobson believed an 18 foot variance would be necessary in order to preserve existing tree cover in his yard. MOTION by Rotty, second by Gramentz to amend the minutes of the meeting of August 31, 1993 based upon a general misunderstanding. The variance granted should be changed from 10 to 18 feet subject to the submittal of a site plan that is acceptable to the City Planner. VOTING FOR: Gramentz, Rotty, Thelen. OPPOSED: Hanson. MOTION CARRIED. 4. There being no additional business, the Commission agreed to adjourn at 8:30 P.M.. !If::ld b;p 1h~ Charles Tooker, City Planner /6;;~/93 Approved . . . MINUTES PLANNING COMMISSION REGULAR OCTOBER 12, 1993 1. The meeting was called to order at 7:00 P.M. by Chair Hanson. Members Present: Gramentz, Hanson, Schlawin, Thelen. Members Absent: Rotty. Also Present: City Planner Tooker, Attorney Harmeyer. 2. Chair Hanson asked for discussion of the minutes of September 14th, 20th and 28th. Member Schlawin said that he would privately explain to anyone who was interested the reason he had to leave the meeting of September 28th. MOTION by Thelen, second by Gramentz to approve the minutes of September 14th, 20th and 28th as distributed. VOTING FOR: Gramentz, Hanson, Thelen. ABSTAIN: Schlawin. MOTION CARRIED. 3. Chair Hanson opened the hearing advertised for 7:00 P.M. requested by Casey's General Stores, Inc. for the rezoning of the northeast corner of Ash and Third Streets from R-2 to B-1 and a variance/conditional use to build one foot from the north property line and maintain a setback less than 50 feet from Ash Street. City Planner Tooker presented the staff report. Chuck Twedt, representing Casey's, outlined the proposal. Member Rotty arrived at 7:20 P.M.. The staff report made a reference to spot zoning and several of the Commission members were interested in follow up questions about this issue. Attorney Harmeyer responded that if one looks at the Farmington Plan and Zoning Ordinance, the site looks very much like a potential spot zone. He did say, however, that the Castle Rock Township ordinance which allows business and industrial uses through the conditional use process suggests that a business use at this site may not constitute a spot zone. Commission members asked Mr. Harmeyer to research the issue. Member Schlawin asked Mr. Twedt if traffic counts had been initiated. The response was negative. Jay Reeves, owner of the apartment building on the west side of Third Street, was concerned about the ability to get renters if Casey's is approved since there will be no buffering across Third Street for 17 families. More traffic congestion is anticipated because of the gas pumps. Lisa Cordes, 1013 Third Street, said that she is opposed to the rezoning because of the larger convenience store and the gas pumps. She indicated that she was aware of the existing convenience store when the property was purchased, but the expansion of that use will move trouble to her property. Bill Hince, 1010 Third Street, said that he favored the Casey's proposal based on the neat appearance of other Casey's properties. Planning Minutes - 10/12/93 - Page 2 The apartment building is more of a nuisance because of all the on street parking. . Jeff Emge, owner of M-Gee's Mini Mart, said that he was in need of this sale since the community does not support the existing level of service at the store. Henry Iwe-ks, 1105 Sunnyside Drive, said that this town has had a struggle get new business to come into town. The idea of a public hearing is Line to get input from the public. He stated that he felt the public have been getting decision making by City employees. He stated that it was no secret that the City Planner has favored getting Erickson's in the City Center. He stated that he wanted to be clear that he was not against Erickson's getting a building and moving to the City Center, however, he suggested that the following facts should be taken into consideration. Erickson's are on land that is too small. He suggested that in order to be fair, it should be known that the City Planner sells apples to Erickson's, that he had purchased a bag the other day and that it says "Tooker Apples, Cannon Falls, Minnesota" on the bag. He then asked if the City Attorney was in the room, or if any attorney was in the room? Member Rotty said that he didn't believe the purpose of the meeting was a legal court. Mr. Iwerks continued by questioning whether there was an apparent conflict of interest with the City Planner. He said that he had contacted the State Attorney General's office and the County Attorney regarding th.l'.~ matter nd found there is the possibility of an apparent conflict of interest. He requested that the Commission look at the matter with c open mind and consider both sides. He then thanked the Commission. Member Rotty stated that he thought that Mr. Iwerks' last comment was stated better than he could state it. He requested that the members consider it and consider both sides of the issue, and that it was a big decision for something that they had just received and spoken about for an hour. He stated that he was not ready to prepare findings one way or another. He asked that the City Attorney investigate the issue of spot zoning and staff should investigate the conflicting testimony about the County's position with regard to site access. It was his opinion that the hearing should be continued so that the issue could be researched further and the Commission would have time to review the proposal. Member Gramentz asked whether Casey's considered purchasing additional land? Mr. Twedt stated that they had not. Member Rotty stated that there were benefits to the proposal. That there are considerable variances that need to be granted, but that the Commission needed time to review them rather than to prepare findings to go one way or another. 4. Chair Hanson a deck which was I I second by Schlawin to continue the hearing until . 26, 1993 at 7:00 P.M.. APIF, MOTION CARRIED. opened the hearing advertised for 7: 3.0 P.M. regardi permitted to be built at 18075 Elgin Avenue, althoug I I MOTION by Rotty, Tuesday, October . . . Planning Minutes - 10/12/93 - Page 3 it was setback approximately 12 feet from the street. City Planner Tooker explained that the Building Official did not realize that the property was a corner lot until he made his initial inspection. The consensus of the members was that the deck is elevated and as long as it will not be enclosed, it will not present a problem. MOTION by Rotty, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Rotty to grant the requested variance with the understanding that the base will not be enclosed with lattice or any material that would tend to obstruct ground level vision based upon the fae,t that the deck was built with the blessing of the City and that the spirit and intent of the ordinance shall not be violated. APIF, MOTION CARRIED. 5. MOTION by Thelen, second by Hanson to continue until 7:30 P.M. on October 26, 1993, the hearing requested by Warren Israelson for approval of a wetland alteration conditional use since background material requested by the City Engineer had not been submitted. APIF, MOTION CARRIED. 6. Chair Hanson opened a public hearing for discussion of a comprehensive amendment to the City Flood Plain Ordinance. City Planner Tooker explained that a new chapter to the Zoning Ordinance has been prepared to update the flood plain section lof the zoning ordinance. The ordinance will require certain existing sections of the City Zoning Ordinance to be deleted so that they will not be in conflict with the recommended change. No one appeared to be in conflict with the recommended change and Chair Hanson suggested that prior discussions by the Commission have resolved earlier questions. MOTION by qchlawin, second by Thelen to close the public hearing. APIF, MOTICN CARRIED. MOTION by Schlawin, second by Thelen to forward a recommendation of approval to the City Council. APIF, MOTION CARRIED. 7. Chair Hanson opened the public hearing advertised to consider flexibility in the size of signs for approved business conditional uses in residential neighborhoods. Dexterity Dental Arts was given approval for a conditional use at 310 Division Street. Currently such a sign would be limited to 12 square feet. Previously the Commission has granted 24 square feet for a business sign which advertises a dental office on Trunk Highway 3. Thirty square feet is being considered inasmuch as the Dexterity Dental Arts sign is 4' x 6' with a 1.5' x 4' spacer between it and a right angle ~ection to be read from the other adjoining street. The staff interpretation of the right angle sign is that it would be comparable with a back to back sign. Member Schlawin suggested wording be developed to recognize that back to back would include any sign with a double face up to 90 degree angle. Anything beyond that would constitute a larger sign. Member Rotty would like the wording to be expanded to reflect this suggestion. MOTION by Rotty, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Schlawin, second by Rotty to forward a recommendation to the City Council endorsing an expansion of the size of signs for conditional uses in residential areas up to 30 square feet for back to back signs in which the double face does not exceed a 90 degree angle. APIF, MOTION CARRIED. Planning Minutes - 10/12/93 - Page 4 8. Chair Hanson opened a public hearing for a zoning amendment Whi. would limit the amount of landscaped screening between service courts . and public streets to 5 feet. Member Rotty requested a delay of this hearing until the variance for the City Center project can be decided. Other members agreed that old business should be handled before a new item is decided. The Chair then brought discussion to the variance requested by the developers of the City Center, which was left open by the Commission during the previous meeting. No decision was reached since the motion to approve failed on a 2-2 vote. Member Rotty reviewed a memo from Jerry Henricks relating to the unique layout of the City Center project which was designed to take advantage of the old tax increment district, avoid existing easements and unknown owners of small sections of the property. All of the above speak to hardship for the site because of several limiting factors. He would, therefore, support the variance based upon the hardships outlined in the Henricks memo. Chair Hanson asked about the City Council's discussion of a sidewalk on First Street. Planner Tooker indicated that the sidewalk issue is undecided. The west side does not work because of the location of existing structures in the right of way. The east side will be difficult because o~ the desire to create a berm in front of the wall which will be screenlng the service court. A third alternative would be to place the sidewalk on the west side of the railroad right of way and eliminate walks in this block of First Street. Chair Hanson said that he does not believe that a hardship . exists. The site is not dissimilar to other blocks in the area. While there are unique circumstances with respect to the property, he does not believe that they create a hardship. Checking State Statute regarding variances, undue hardship relates to reasonable use of the property. The lack of a variance will not take away the use of this property. Economic considerations cannot be used to determine hardship, therefore, there is a reasonable use of the property without issuing a variance. MOTION by Hanson, second by Thelen to deny the variance since hardship has not been proven satisfactorily and that, if approved, it will be in conflict with the Comprehensive Plan. VOTING IN FAVOR: Hanson, Thelen. OPPOSED: Gramentz, Rotty, Schlawin. MOTION FAILED. MOTION by Schlawin, second by Gramentz to approve the variance subject to: a. limiting deliveries between 6 A.M. and 11 P.M., b. focusing lighting downward so there will be no negative impact on adjoining properties, c. the wall should be extended 5 feet to the south including additional landscaping, and d. no semi-trailer shall be left idling on street. VOTING IN FAVOR: Gramentz, Rotty, Schlawin. OPPOSED: Hanson, . Thelen. MOTION CARRIED. 9. Chair Hansc, reopened the hearing requested by the developers of- Farmington City Center to reduce the amount of landscaped buffer to Submitted by, .~~es~o:::~ City Planner . I . Planning Minutes - 10/12/93 - Page 5 separate loading areas from public streets in the B-2 District. Member Rotty suggested that the Commission could use some comparisons as to requirements in other cities. MOTION by Rotty, second by Hanson to continue the hearing until the next regular meeting. APIF, MOTION CARRIED. 10. Chair Hanson recognized Mr. Edwin Luetzow, owner of a nonconforming use at the intersection of Pine and 8th Streets. The City staff has indicated that the building has had no activity for at least 18 months. Mr. Luetzow said he has used machinery in the building from time to time on weekends to provide replacement parts for customers with older equipment. He had the building operational for a whole week in May of this year. Mr. Luetzow indicated that he would be talking with his attorney about a potential lawsuit. Chair Hanson said that the equipment is in the building and can be used at any time. MOTION by Hanson, second by Schlawin to approve the landowners request to continue the nonconforming use allowing it to be used as an office warehouse if sold. APIF, MOTION CARRIED. 11. The Commission agreed to adjourn at 9:00 P.M.. Approved II /f~3 . . . MINUTES PLANNING COMMISSION SPECIAL OCTOBER 26, 1993 1. The meeting was called to order at 7:00 P.M. by Chair Hanson. Members Present: Gramentz, Hanson, Rotty, Schlawin. Members Absent: Thelen. Also Present: City Planner Tooker. 2. Chair Hanson reopened the hearing requested by Casey's General Stores to rezone the northeast corner of Third and Ash Streets from R-2 to B-1 and to consider two variances regarding setbacks. Member Schlawin asked about the question concerning spot zoning raised during the hearing held on October 12, 1993. City Planner Tooker reported that City Attorney Harmeyer has indicated that the site does not establish a spot zone since the Castle Rock Zoning Ordinance allows business and industrial uses within its residential district through the conditional use process. Member Rotty wondered about the County Engineer's position with respect to access on County Road 74. Mr. Twedt produced a letter from the Dakota County Administrative Design Engineer, Dave Zech, in which it appeared that a change in location of access to this use would be possible. Member Gramentz asked if 24 foot wide access as requested by Mr. Zech would be adequate. Mr. Twedt responded that he did not know. Pete Cordes, speaking for her sister Lisa, said that the corner would be very busy and a tank truck making oil deliveries could have a significant impact on traffic flow. She also suggested that an alternative use for the site might be subsidized housing. The County HRA has shown interest in properties to the north on Third Street. Member Rotty said that he checked with the City Fire Marshal and found that the Casey's plan had been approved by the State Fire Marshal. Ron Thelen said that the corner will have better visibility than it does now as the residential unit will be removed. Kris Akin spoke in favor of Casey's from the point of view of a large franchise being able to offer support for a small business person to get started. Member Rotty indicated that the sign will need a variance. Member Gramentz observed that the site is very tight and the need for a 50 foot setback. Pete cordes said that this is a nonconforming land use now, but if the expanded use cannot meet minimum requirements, why would it be approved? Henry Iwerks spoke in favor of Casey's, comparing it with the approval granted to Erickson/s two weeks earlier. Two pieces of property with potential business uses and one being owned by the HRA. He stated that he believed that the two situations were being treated differently. He stated that he had heard rumors that if the City didn't cooperate with Casey's, they would move to Rosemount. He also stated that Casey's stores were well kept, Casey's was financially sound, Casey's will generate $8,000 in additional taxes per year, and that he felt it would be a good thing for the town. MOTION by Rotty, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Hanson to recommend rezoning the Planning Minutes - 10/26/93 - Page 2 northeast corner of Third and Ash Streets from R-2 to B-1 SUbject. to the findings as drafted by the David Harmeyer, City Attorney, and attached to and made a part of these minutes. VOTING FOR: Gramentz, Hanson, Rotty. OPPOSED: Schlawin. MOTION CARRIED. MOTION by Rotty, second by Gramentz to approve a variance to reduce the setback along the north property line from 50 feet to 5 feet and the setbacks along Ash Street from 50 feet to 4 feet for the propsoed sign and from 50 feet to 7 feet for the gas pump island canopy, subject to the following: a. providing a solid wood privacy fence 8 feet in height behind front yard setback lines on the north and east side of the property and such sign to be reduced to 4 feet in height forward from the building setback line based upon the location of adjoining housing units; b. moving the driveway to Ash Street as illustrated on the site plan which moves it away from the pump islands and from Third Street; and c. the City Council rezoning the property from R-2 to B-1. VOTING FOR: Gramentz, Hanson, Rotty. VOTING AGAINST: Schlawin. MOTION CARRIED. 3. City Planner Tooker said that while Mr. Israelson had sUbmitte. materials requested by the City Engineer for a wetland conditional use permit, the City Engineer was at a conference and unable to . review it. Mr. Israelson was agreeable to meeting with the Commission on Tuesday, November 9th. It was the consensus of those present that the hearing continued from October 2nd should be continued again until November 9th during the regular monthly meeting. 4. There being no additional business, the Commission agreed to adjourn at 8:30 P.M.. Submitted by, &~~~~ Charles Tooker City Planner Approved 1/9/f3 . . . . 1 U. t:b. 8J Ul 48 t'M *GRANN.L;.':) ex !1.AKM~~~K t'Ul C:ITJ' 0., r~ J).MOTA COUH'rY, KJ:1Om8O"1'A nr :RIll App11cattOQ of Casey's Gen.~al Stor., for a R.-Z~. fro. .e.i4~ci.1 to a 81 Bu.1D... of the Lo~ Loc.~~ CD the Horche.at: COni8%' of 'l'hircl f& Ash St:..t... J'nlIDDIGB 01' PACTII urn RK<;nMln!llfta.naK On October 26, 1993, the Farmington Planning Commission met at 1ts regularly scheduled meeting to consider the Application of Cas.y's General Store for a re-zoning of the lot located at the northeast corner of Third and Ash Streets from Residential to B-1 Business. A Public Hearing was held on this request on ootober 12, 1993, at which time the applicants were present and the Planning Commission heard testimony from all interested persons wishing to speak at the meeting and now makes the following Findings of Fact and Recommendation. FINDINGS OF FAc:r 1. The property is located in the R-l zoning District. 2 . The property is zoned R-l, Residential. 3. The existing convenience store located on this lot is a legal non-conforming use that operaced at this locatio~ for many years prior to the existing zoning ordinance. 4. That Casey's General Store proposes to place a convenience store with gas pumps at this location. 5. That said use would be an expansion of the current legal non-conforming use. 6. That in order for the proposed use to be built upon this property, the property would need to be re-zoned to B-1 Business. 1 U. ~ b. 8-:5 Ul :48 .t'lVl ~uKa~N1~ ~ n~KM~l~K rUG 7. That all property abutting upon the proposed re-zone lot within the City of Farmington is Residential in character. S. That the property to the south of the proposed re-zone lot is located within Castle Rock Township and 18 zoned Residential, however Castle Rock Township allows Business, Commercial or Industrial uses within residential areas upon conditional Use approval or Variance approval. 9. That the property directly south of the proposed re- zone lot is currently occupied by the Oakota County Pair Board and is used for the Dakota County Fair. 10. That due to the fact that property directly south of the proposed re-~one lot can be used for Business, Commereial or Industrial uses and is currently used for the Dakota County Fair. that re-zoning the property to B-1 Business would not constitute "spot 2oninglt. RECOMIIDDATJ:ON The Planning Commission recommends that the city Council approve the Applicant's request for are-zone. Adopted this day of , 1993. CITY OF FARMINGTON PLANNING COMMISSION By: Kenneth Hanson, Chairperson ATTEST: Charles Tooker, Secretary -2- . . . . . . MINUTES PLANNING COMMISSION REGULAR NOVEMBER 9, 1993 1. Chair Hanson called the meeting to order at 7:00 P.M.. Members Present: Hanson, Rotty, Thelen. Members Absent: Schlawin, Gramentz. Also Present: City Planner Tooker. 2. The Chair asked for a discussion of minutes distributed for the meetings of October 12th and October 26th. MOTION by Rotty, second by Thelen to approve the minutes of October 12, 1993. APIF, MOTION CARRIED. MOTION by Rotty, second by Hanson to approve the minutes of October 26, 1993. VOTING FOR: Hanson, Rotty. OPPOSED: None. ABSTAIN: Thelen. MOTION CARRIED. 3. Ernie Darflinger was recognized to present the John Ristow variance request which would divide an existing lot with a duplex on it situated at the northwest corner of the intersection of Ash and Sixth Streets. Mr. Darflinger said the problem exists because the City staff interprets the existing building as a duplex. If these two small units were to be considered a single family dwelling with an accessory apartment, the lot would be large enough to divide into 6000 and 10,000 square foot segments. The reason for considering this is that one unit has a finished basement and the other does not. This means that the structure has a two thirds/one third split between units and the smaller unit, therefore, will qualify as an accessory apartment. Mr. Darflinger also said that the applicant decided to process the request as a variance, even though they believe that a case has been made that approval could be granted through the conditional use process. City Planner Tooker explained the intent of the City Code with respect to duplex units. Because the older part of the community was divided into basic lots of 10,200 square feet, the minimum size of duplex lots was set at 11,000 square feet. It was not the intention of the ordinance to provide sites for duplex units throughout the R-2 area. On the other hand, the R-2 area was considered to be a reasonable location for accessory apartments. Member Rotty indicated that this discussion needed a little more time to consider, but that he would view the existing structure on this lot to be a duplex. Member Thelen agreed. Member Rotty also said that he would abstain from voting on the issue because of a personal conflict. He requested that staff ask the City Attorney to prepare two sets of findings: one which would support approval; and the other which would support denial of the requested variance. MOTION by Thelen, second by Rotty to continue the hearing until November 23rd during a special session of the Commission and to ask the City Attorney to develop two sets of findings to support whatever action the Planning Commission takes. APIF, MOTION CARRIED. Planning Minutes - 11/9/93 - Page 2 4. City Planner Tooker said that the prairie Creek wetland permi. will need to be deferred since the DNR has not responded to the information forwarded. By consensus, the Commission agreed to delay the conditional use hearing regarding the wetland alteration permit until the regular meeting on December 14, 1993. 5. Chair Hanson suggested that the public hearing concerning landscaping requirements between public streets and loading docks could be closed and discussion of the request taken up again during the special meeting to be held on November 23rd. MOTION by Rotty, second by Thelen to close the public hearing on the requested Zoning Ordinance amendment to reduce the landscaping requirement between public streets and loading areas. APIF, MOTION CARRIED. 6. Member Rotty introduced the subject of Planning Commission By- Laws. This came to his attention because of the discussion of the nonconforming status of the building at Eighth and Pine Streets during the last regular meeting. He said that the Commission needs some rules of order and procedure to reduce pressure from "walk in" requests for immediate action. He suggested that the City Planner should supply all members a copy of ,the City Council By-Laws. Chair Hanson suggested that this topic also might be discussed during the November 23rd meeting. 7. City Planner Tooker presented a memo from a potential tenant o. the existing nonconforming building at Eighth and Pine Streets. The Chair said that this individual should be sent a copy of the minutes relating to this subject, along with a letter outlining the - stipulations that the structure could continue to be used as an office and light manufacturing plant without any expansion of the facilities. 8. Members present agreed to adjourn at 7:50 P.M.. Submitted by, &~ If! ~~ Charles Tooker City Planner Approved trt~) /q3 . . . II MINUTES PLANNING COMMISSION SPECIAL NOVEMBER 23, 1993 1. The meeting was called to order at 7:00 P.M. by Chair Hanson. Members Present: Hanson, Gramentz, Rotty, Schlawin, Thelen. Members Absent: None. Also Present: City Planner Tooker, Administrator Thompson. 2. The Chair asked for comments on the minutes of November 9, 1993. MOTION by Rotty, second by Thelen to approve the minutes of November 9, 1993 as distributed. VOTING IN FAVOR: Hanson, Rotty, Thelen. OPPOSED: None. ABSTAIN: Gramentz, Schlawin. MOTION CARRIED. 3. Chair Hanson called upon City Administrator Thompson to review a proposed draft amendment to the sign ordinance which would allow "sandwich board" signs within publics right of way downtown to advertise daily business specials. The signs contemplated would be small so as not to interfere with pedestrian traffic. Another facet of the discussion introduced larger signs which could be read by passing motorists. The size differential between pedestrian oriented and automobile oriented signs is substantial because of the advertising target. Chair Hanson asked if on street right of way signs would produce a liability for the City? Administrator Thompson said that he checked with the City Attorney who advised that the liability of small signs would be slight. Member Rotty indicated that he believes sidewalks are for pedestrians, not signs. However, he liked the options presented by the Administrator although a public hearing was felt to be premature. Kris Akin said that she would prefer it if the HRA would work on a directional sign for the downtown. She believes that the "sandwich board" or "cafe" signs should be small and blend with the historic district. Member Rotty suggested that the staff contact other communities to see how they handle downtown advertising. Chair Hanson requested that the Commission continue to think about the problem and resume discussion during the regular meeting of December 14, 1993. 4. Landscaping requirements to separate loading areas within the business district from public rights of way was again discussed. Chair Hanson suggested that there is no time line and that loading areas within the Industrial Park and downtown may need very different requirements. Member Schlawin suggested that the ordinance be kept relatively simple since complexity will contribute to difficulty with enforcement. It was the consensus of the members that the staff should recommend regulations by zoning category. 5. Chair Hanson reopened the hearing requested by John Ristow for a variance to divide Lot 5, of Mickelson's Addition to enable the construction of another housing unit. Member Schlawin asked why the City Attorney was instructed to prepare two completely Planning Minutes - 11/23/93 - Special - Page 2 different sets of findings. Member Rotty suggested that with two. members absent, the group believed that two sets of findings woul allow the Commission to go in either direction and be supported by findings drafted by the City Attorney. Member Schlawin asked for . clarification between the definitions of a duplex and an accessory apartment. Attorney Darflinger made a brief presentation. Vernon Johnson indicated that a finished basement is not a living area and that the existing duplex has 600 square feet of living space in each unit. He suggested that the large detached garage was permitted because the existing detached garage was accepted as being attached to the dwelling. Member Gramentz suggested that any housing unit built on the proposed lot will be smaller than the garage on that lot because of the building coverage requirements. MOTION by Rotty, second by Schlawin to close the public hearing. APIF, MOTION CARRIED. 6. Chair Hanson called a 5 minute recess. 7. When the meeting resumed, City Planner Tooker was asked to read both sets of findings that were prepared by the City Attorney. Member Gramentz said that a variance granted for this lot would contribute to a change in the look of this neighborhood as it would encourage similar requests. Member Schlawin said that the property is already being used and that he could find no hardship warranting division of the lot. Member Thelen said that the requested . variance could set a precedent in the neighborhood and she also believed that a hardship did not exist. Chair Hanson said that there had been many duplexes built on 10 ,200 square foot lots and ... . that hardship had been declared in past requests because of honest mistakes made by the City staff. MOTION by Schlawin, second by Gramentz to deny the request based upon findings of fact prepared by the City Attorney which are added to and made a part of these minutes. VOTING FOR: Gramentz, Schlawin, Thelen. OPPOSED: Hanson. ABSTAIN: Rotty. MOTION CARRIED. 8. The Commission then began a,discussion of the need for a set of by-laws. Member Rotty lead off with a description of the City Council By-Laws which will be used as a starting point for the Planning Commission in developing their own set. Member Rotty will bring a revised draft back to the Commission when he has had some time for preparation. 9. The meeting adjourned at 9:00 P.M.. Submitted by, {l/~ 1/71h~ Charles Tooker City Planner Approved I Jj/V/C; 3 . . . . P1\OPOSJID .D1DJ:NGS O' PA.CT CITY O'P pA1UI%WTOH DAKOTA. Comrrr, IIImusOTA. In Re: Application of John Ristow, for a variance to Allow him to divide the property located at Ash and 7th On November 9, 1993, the Farmington Planning Commission met at its regularly scheduled meeting to consider the Application of John Ristow for a variance to allow property at 7th and Ash Street to be divided into two lots, one a 6,000 sq. ft. lot for a new house facing Ash Street and an approximately 10,000 sq. ft. lot for the existing building facing 7th Street. The Applicant was present at the hearing along with and was represented by his attorney, Ernie Darflinger. Presentation was made to the Planning Commission at that time. The Public Hearing was continued until November 23, 1993. At both hearings the Planning Commission took testimony from all interested persons wishing to speak and now makes the following Findings of Pact. FYNDINGS O~ PACT 1. The property is located in the R-2 Zoning District. 2. The property is zoned Residential. R-2. 3. A variance is sought to allow the Applicant to split the property into two lots of 6,000 and 10,000 square feet and to allow a single family dwelling to be built upon the 6,000 sq. ft. lot. 11. c..J. :;jJ U"* . J U .r:- .I.VJ. 'I' U 1\ n n n .L w u< n n t\ if".c .I. C 1\ .1.- U '- 4. The variance is necessary as the Farmington ordinance requires 11,000 sq. ft. for the existing duplex. s. The property is being put to reasonable use without the proposed variance. 6. ~h8 need for variance is not due to circumstances unique to the property. 7. The literal enforcement of this title would not reault in undue hardship with respect to the property. 8. No unnecessary hardship exists because of circumstances unique to the property. g, The Applicant haG failed to show that the standards for granting a variance have been met. THE APPLICANT'S REQUEST FOR VARIANCE IS HEREBY DENIED. Adopted this ____ day of , 1993. CITY OF FARMINGTON PLANNING COMMISSION By: Chairperson ATTEST: Secretary . . . . . MINUTES PLANNING COMMISSION REGULAR DECEMBER 14, 1993 1. Chair Hanson called the meeting to order at 7:05 P.M.. Members Present: Hanson, Gramentz, Schlawin, Thelen. Members Absent: Rotty (arrived at 7:45 P.M.) Also Present: City Planner Tooker. 2. Chair Hanson asked for comments on the minutes of November 23, 1993. MOTION by Schlawin, second by Thelen to approve the minutes of November 23, 1993 as distributed. APIF, MOTION CARRIED. 3. Chair Hanson recognized Vernon Johnson who asked for permission to address the Commission regarding statements he made during the November 23, 1993 meeting relating to the Ristow variance. He said that he made statements about the size of Lot 5, Mickelson's Addition based upon a survey that was prepared by City Consultant Don Blaisdell. It was determined that the original survey of Mickelson's Addition showed more property than the Blaisdell survey. Mr. Johnson expressed his apology to the Commission and to the Ristows for any grief that he might have caused by his use of the Blaisdell survey. The Commission graciously accepted his apology. 4. The next discussion item focused upon the original approval of the Rosebrier Apartment conditional use and variances. City Planner Tooker explained that the findings associated with the approval of the conditional use were approved in January, 1993 and, therefore, the annual review will be due during the January, 1994 regular meeting. Chair Hanson said at that time the Commission will need to decide upon an extension of the various activities or a withdrawal of approval based on findings presented by the City Administrator. 5. Chair Hanson opened the continued public hearing for the Prairie Creek Wetland Alteration permit. City Planner Tooker raised a question about the desirability of including a "Duck Island" within the wetland. Chair Hanson suggested that it could become a liability if it served as an objective for young children to paddle toward. Tooker also raised questions about the advisability of introducing Reeds Canary Grass into the wetland. Since the City is already working with Balmori and Associates on suitable plant materials to be introduced into the prairie waterway, perhaps the planting plan should be delayed until the planning study has been completed. MOTION by Gramentz, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Thelen to approve the conditional use for a Wetland Alteration Permit within the prairie Creek PUD subject to all of the recommendations outlined in the City Engineer's memo to the City Planner, dated December 13, 1993, with the exception of item 5. This recommendation is to be completed following the results of the Balmori Study associated with the Vermillion River Tributary also known as the Prairie Waterway Project. APIF, MOTION CARRIED. Planning Commission Minutes - 12/14/93 - Page 2 6. Member Rotty joined the Commission at 7:45 P.M.. . 7. The Commission then briefly discussed the existing landscaping requirements between off street loading areas and public streets. Chair Hanson suggested that there is a variety of need, but the question is how to organize it in the ordinance. The consensus of members was that there should be a relationship between the amount landscaped area and the category of street identified in the Thoroughfare Plan. The Planner was instructed to bring a proposed amendment to the ordinance based upon this classification. the of 8. Chair Hanson opened a discussion of the James Pluntz Conditional Use permit. Ernie Darflinger asked the Commission to continue this topic for another month since he has had little time to work with it and believes that the building is exempt because it is agricultural in nature. The Commission had no problem with deferring the discussion but Member Rotty asked the staff to recopy the relevant information from this agenda report. MOTION by Rotty, second by Schlawin to table discussion of the James Pluntz conditional use until January 11, 1993. APIF, MOTION CARRIED. 9. Chair Hanson opened a discussion of signs by asking City Planner Tooker for some background information. Carroll Westenberg was also asked to contribute to the discussion as he had specific recommendations relating to the original amendment to the portable sign section of the ordinance as drafted by the staff. To some of t Commission members a pylon sign advertising all of the downtown uses would be preferable to the portable signs that have been used. Ther were also questions raised about regulating the "sandwich board" signs. However, annual permits for sandwich board signs were suggested. Member Schlawin objected as he believes that this will grow into a bureaucratic nightmare. At the end of the discussion, staff was asked to redraft the ordinance which would include portab- signs up to a maximum of 16 square feet per side on private property, sandwich board signs for sidewalks up to a maximum of 3 square feet and not over 4 feet high, plus a pylon sign that would advertise all downtown uses. This draft will be available during the January 11, 1994 meeting. 10. The Commission considered citizen complaints about junked automobiles and other buildings situated on existing farmsteads. The junked automobiles are being investigated by the Police Department but all other uses complained about including the fish houses, vans and buildings are considered to be accessory uses associated with existing farmsteads. If the structures were isolated on property without a principal use they would not be permitted, but because they are associated with farmsteads, the Commission agreed that they fit within the requirements of the City Code. 11. Chair Hanson recognized Jerry Ristow who asked to address the Commission regarding the status of his duplex situated on Lot 5, . Mickelson'S Addition. He would like the building to be considered a single family dwelling with an accessory apartment in order to be ab to divide off an alley lot. The discussion turned on the definition . . I I I II Planning Commission Minutes - 12/14/93 - Page 3 of a duplex. At the end of the discussion, Mr. Ristow indicated that he would ask Administrator Thompson for a City Attorney's interpretation of the ordinance as it currently is written. Depending upon the outcome, he would also consider requesting an ordinance amendment which would make the lot size smaller for duplexes. 12. There being no additional business, the Commission agreed to adjourn at 9:30 P.M.. ;fI1='ubmitted b~ /7 (, ~~ /j'11-&~~ Charles Tooker City Planner !/t1/ctLf Approved