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HomeMy WebLinkAbout1994 o o [) MINUTES PLANNING COMMISSION REGULAR JANUARY 11, 1994 1. The meeting was called to order at 7:00 P.M. by Member Rotty. Members Present: Gramentz, Rotty, Schlawin, Thelen. Members Absent: Hanson. Also Present: City Planner Tooker. 2. Dirk Rotty said that he would add to the agenda an announcement at the end of the meeting. 3. Mr. Rotty asked for comments on the minutes of December 14, 1993. MOTION by Schlawin, second by Thelen to approve the minutes as printed. APIF, MOTION CARRIED. 4. Mr. Rotty opened a public hearing advertised for the preliminary plat of Westview Townhomes and explained the process of providing information. He said the Planner would make a presentation followed by a project overview given by the developer and members of the Commission would be abie to ask questions or make comments before discussion time. would be made available to people in the audience. Dennis Griswold, Landscape Architect, was in attendance to represent the Developer, Clyde Thompson. Both Planner Tooker and Mr. Griswold made brief presentations. Dennis Gramentz asked about the size of the units that will be built. The answer was 1,430 square feet, plus a possible screen or three season porch. The units would have a market value of $95,000 to $120,000. Craig Schlawin was interested in the amount of open space that would separate porch structures. The answer was 20 feet. Terry Stapf of 100 West Hickory Street submitted a letter Nivala of 1024 Westv.iew Drive in opposition to the plat. asked about building materials to be used on the proposed structures. Clyde Thompson indicated that the structures include brick fronts with steel siding elsewhere. from Herb He then would John Broeckert, 200 West Hickory, asked about the existing water problem on Hickory Street. Rick Schultz, 220 West Hickory, said that the drainage ditch north of the apartment building does not currently drain. Member Rotty responded that the Commission would not attempt to answer questions about storm water management but would ask for additional information from the City Engineer. Mr. Broeckert asked if a petition could be accepted to rezone this property from R-3 to R-2. City Planner Tooker responded that a petition would not be accepted while the present request was under consideration. Planning Minutes - 1/11/94 - Page 2 Harvey Snyder, the realtor handling the sale of this property, said that the owner has relied on the existing zoning which would allow one building with 45 units. But, instead of su~mitting a plan for maximum density, the request is for 22 units. Francis Blaha, 309 West Hickory, asked if it would be possible to build 3 single family dwellings facing Hickory ~treet and build a cul-de-sac to higher density development close tio Ash Street. Mr. Griswold said that this might work on a 10 to 1$ acre site, but not on this 2 1/2 acres. I Rick Schultz outlined a scenario whereby the developer would be likely to lower the value of construction if th~ housing units did not sell. Member Rotty brought discussion back to the Com~ission. He said that he did not think the Commission should ask for the additional 17 feet of dedication for street right of way along Ash Street if the decision ultimately is to move the centerline of the right of way to the south. Dennis Griswold said that the developer would like to keep the 17 feet as it would make the d~velopment more flexible with regard to the anticipated porch a~eas. But, he indicated a wish for a decision now on the plat las is. Member Rotty indicated that the City Council needs to qonsider the right of way' question and to communicate that wish to !the County. Member Schlawin asked if the developer could live with a one month delay ~~u~~~er to answer this question. Clyde Thompson replied that he () MOTION by Schlawin, second by Thelen to continue: the public hearing until February 8, 1994 at 7:00 P.M. in order to ~larify the centerline location of County Road 74 and to ask the City Engineer to consider the existing storm water problem on Hickory Street. APIF, MOTION CARRIED. 5. Member Rotty opened the public hearing adver~ised for 7:30 P.M. as requested by Kwik Trip for a conditional use permit to build a motor fuel station and convenience grocery store on the northwest corner of Elm and Third Streets. City Planner Tboker suggested that the staff is looking for a larger mass of brick on the front of the building facing downtown streets to make the structure relate better to existing development. He also said that a landscape plan is a required part of the documentation for a conditional use. Scott Teigen, Director of Real! Estate for Kwik Trip, said that Kwik Trip would be willing to ada more brick. He also said that a landscape plan will be submitted to meet requirements of the Conditional Use. Member Thelen asked about hours of operation. The response was 24 hours. There was a discussion about access to Elm Street. Mr. Tieg~n said that a request for such an access was before the County~ but the site plan for the conditional use does not include such an: access. MOTION by Schlawin, second by Gramentz to close the public: hearing. APIF, l'. ,./1 MOTION CARRIED. MOTION by Gramentz, second by S~hlawin to approve " the requested conditional use subject to approvaf of exterior o o o Planning Minutes - 1/11/94 - Page 3 architectural detail and site plan by the staff Development Committee. APIF, MOTION CARRIED. 6. City Planner Tooker presented a concept plan of the preliminary plat of John Devney land situated in the northeast quarter of Section 23 identifying some questions raised by the Development Committee. Fritz Van Nest, representing the developer, Builders Development, Inc., indicated that the company would like to build up to 212 units on both the Devney land and on the outlot owned by the Seed Trust. The price range for the proposed housing was quoted between $125,000 to $175,000 per unit, and that somewhere between 30 and 50 units would be proposed in the first phase. Rick Sathre, the engineer for Builder's Development, Inc., outlined the philosophy of street layout with particular emphasis on the entrance from 195th Street. The base of the hill was selected because it adjoins a ponding area which will remain open space and some existing trees. Together they provide a welcoming entrance to the subdivision which will not be possible at the top of the hill where County access spacing can be satisfied. Member Rotty indicated his interest in requesting a variance from the County in order to put the entrance as indicated by the Developer. Mr. Van Nest was asked about wetlands on site and if NURP ponds would be built to protect them. He said that these issues will be covered when detail plans are developed. MOTION by Rotty second by Thelen to approve the concept of this 212 lot plat subject to staff comments and direction to the staff to pursue a variance request from County spacing guidelines to allow an entrance near the eastern edge of the property. APIF, MOTION CARRIED. 7. City planner Tooker presented a PUD concept plan prepared by Heritage Development for expansion of Nelsen Hills Farm noting comments offered by the Development Committee. Of particular concern is the proposal to regrade a considerable area on the hillside which adjoins County Road 31. Tooker suggested that high density housing could help the grading problem by clearing a smaller area for development. John Dobbs and Tim Erkila, representing Heritage Development, both believe that high density housing could involve more regrading but more important to them is that the market is not yet ready in Farmington to accommodate a major investment in multiple family housing units. They said that this development would also be targeting the $125,000 to $175,000 housing market. Member Schlawin made it a point to suggest that the entrance to the park from 186th Street needs to be wide enough for visibility of the park development and to reduce the amount of access through individual lots. Member Rotty suggested that more work needs to be done by the Developer and staff to assure that the proposal will move forward. Tim Erkila indicated that he is in harmony with the staff recommendations. He believes that sticking points can be worked out. Member Thelen asked about the density question raised by the staff. Planner Tooker said that the staff could accept the low density housing on the hillside but that grading will need to be carefully monitored. John Dobbs indicated his willingness to work closely with the staff. MOTION by Gramentz, second by Schlawin to approve of the concept plan subject Planning Minutes - 1/11/94 - Page 4 to the ability of staff and developer to work together on mutually agreeable solutions to questions raised. APIF, MOTION CARRIED. 8. The Planner reviewed a request from Dave Olson to establish a nursery and sales area on the north side of County Road 50 near Flagstaff Avenue. Both nurseries and produce sales areas are permitted uses in this A-l Agricultural District. The major concern is that agricultural districts do not mention the use of signs and, therefore, there are no size guideline~. It was the consensus of members present that the use fits within the code and that the staff should draft a sign ordinance amendment which will address this sign issue. 9. City Planner Tooker introduced an informal request from Ronald and Diana Valek for a conditional use permit to build an equipment maintenance and storage operation on an 11 acre site fronting on Flagstaff Avenue. The Valeks are not willing to close on the property until they haVi:: some assurance that such a permit might be forthcoming. Member Rotty indicated that only after a public hearing can such a decision be made, but, of those who are members of the Commission currently, there does not appear to be any opposition to this use. Member Schlawin said that a site plan drawn by a landscape architect or competent designer should accompany any request submitted to staff. 10. City Planner Tooker outlined a current problem with respect to (....~.~_.). the width of driveway openings onto existing City streets. The _ . limit has been set at 24 feet but many new houses are being built with three stall garages positioned close to the building setback lines. Member Rotty suggested that the staff research the driveway widths at the right of way line among nearby urban communities and bring the results back to the Commission. 11. Mr. Tooker noted that City Attorney Grannis had researched a question raised by Ernie Darflinger regarding the Pluntz Conditional Use. Mr. Grannis indicated that a conditional use was required for the Pluntz property. Member Rotty asked if Mr. Pluntz had been notified. Planner Tooker said that no written communication had been sent, but that Mr. Darflinger specifically asked for a delay in discussion of the issue until this meeting. Member Schlawin suggested that a letter should be sent indicating that the conditional use question will be discussed during the regular February meeting. The Members agreed. 12. Planner Tooker reported that City Attorney Grannis had also offered an opinion on the classification of the existing structure on Lot 5, Mickelson's Addition. Mr. Darflinger was informed of the opinion and asked if Mr. Ristow wanted to appear. He was unaware of his client's wishes in the matter but would talk with him. No other communication has taken place. 13. City Planner Tooker explained the request from the HRA for a resolution from the Planning Commission regarding the conformance of the relocation.of Austin Products from the General Business o o o Planning Minutes - 1/11/94 - Page 5 District downtown to the I-1 District in the industrial park. Member Schlawin asked if this would also suggest endorsement of the financing of the move. The answer was negative. MOTION by Rotty, second by Thelen to approve a resolution stating that Economic Development District No. 4 plan concurs with the Comprehensive Plan. APIF, MOTION CARRIED. 14. Mr. Tooker referenced memos from both the City Administrator and the HRA Director which indicate that financing of Rosebrier Apartments has delayed this project. The HRA has granted an extension of its approval until June 1, 1994 and would like a similar extension of the Conditional Use. MOTION by Schlawin, second by Gramentz to extend the conditional use permit for Rosebrier Apartments to June 1, 1994. APIF, MOTION CARRIED. 15. The Commission reviewed a proposed amendment to the zoning ordinance regarding the requirements for landscaped yards separating truck loading areas from City streets. The consensus of those present was that the draft ordinance represented their understanding of earlier discussions. MOTION by Thelen, second by Gramerttz to forward the proposed amendment of current landscape requirements around loading areas to the City Council with a recommendation that it be approved. APIF, MOTION CARRIED. 16. Because the Chamber of Commerce has taken up the issue of downtown business signs, Chair Hanson had suggested last week that the Commission delay further consideration of a sign ordinance amendment until after the Chamber refines its thinking on the matter. Members agreed with this proposal. 17. Dirk Rotty announced to the Commission members that he did not reapply for membership on the Commission, although he will miss it very much. He indicated his pleasure in serving with this group on this Commission. 18. There being no further business, the Commission agreed to adjourn at 10:10 P.M.. Submitted by, &~ 17 ~~ Charles Tooker City Planner ~/8/qt./ Approved o o o MINUTES PLANNING COMMISSION REGULAR FEBRUARY 8, 1994 1. The meeting was called to order at 7:00 P.M. by Member Schlawin. He announced that Chair Hanson had declined the City Council offer of reappointment to the Commission for personal reasons. He indicated that an election for Chair would take place at the end of the meeting and, as most senior member, he would conduct the meeting in the interim. City Planner Tooker then administered the Oath of Office to the two new members - Brian Harmelink and Steve Strachan. Members Present: Gramentz, Harmelink, Schlawin, Strachan. Members Absent: None. Also Present: City Planner Tooker, Administrative Assistant Finstuen, City Councilmembers Galler and Ristow. 2. Member Schlawin asked for comments on the January 11, 1994 minutes. There being none, MOTION by Schlawin, second by Gramentz to approve the minutes of January 11, 1994 as submitted. VOTING IN FAVOR: Gramentz, Schlawin. OPPOSED: None. ABSTAIN: Har.melink, Strachan. MOTION CARRIED. 3. Member Schlawin opened the continued hearing for the preliminary plat of Westview Townhomes and asked City Planner Tooker for a synopsis of the proposal. The reasons for continuing the hearing were identified and information not previously available was presented. The hearing was then opened to comments from people in attendance. John Broeckert, 200 West Hickory, asked for a more detailed description of the proposed holding pond in the park. Rick Schultz, 220 West Hickory, asked about association fees for the shared property in the plat. The concern raised was future escalating costs. Dave Pettis, 209 West Hickory, asked about the possibility of closing t,he east access to Westdel Road from Ash Street which would then make County spacing guidelines work. Harvey Snyder, representing the developer - Clyde Thompson - said that Mr. Thompson did not control this access, but if the access were removed, there is a strong likelihood that the action would adversely affect the apartment building which uses this as its primary entrance onto Ash Street. John Broeckert suggested that the Commission should look at reducing the density of this plat since there will be an increase in traffic through a neighborhood with many children. Planning Minutes - 2/8/94 - Page 2 Joel Seheving, 217 West Hickory, was concerned about the ability of the developer to sell 22 lots to old people. Harvey Snyder introduced Nancy Kathran, a recent widow from Empire Township who plans to move into one of the units because she does not need or wish to maintain a 5 bedroom house. Questions relating to the developer's ability to deviate from the plan being discussed brought a response from Dennis Griswold, landscape architect for the project, who indicated that the City would have to agree to a change since the site plan is approved as a requirement of platting in Farmington. MOTION by Gramentz, second by Harmelink to close the public hearing. APIF, MOTION CARRIED. Member Gramentz indicated his approval of the plat largely because the developer had proposed far fewer units than current zoning would allow. Member Harmelink said that he has small children and had sympathy for the neighborhood concern about increased traffic. However, he also believes that parental responsibility is important in keeping children out of the street. Member Schlawin reaffirmed his concern about drainage and followed that by a question to City Councilmember Galler about the likelihood that some drainage improvements would be made along West Hickory Street. Councilmember Galler responded that the current drainage problem can be handled with the use of perforated pipe and, therefore, would not amount to a significant cost in making an improvement. MOTION by Gramentz, second by Harmelink to recommend approval of the preliminary plat of Westview Townhomes to the City Council with no direct access to Ash Street subject to an ordinance amendment increasing building coverage in the R-3 District to 30%, assurance by the City Engineer that the property will be well drained and an increase in the setback along West Hickory Street from 20 to 25 feet. APIF, MOTION CARRIED. 4. Member Schlawin opened the public hearing advertised for 8:00 P.M. to discuss a proposed amendment to the Zoning Ordinance which would increase the building coverage ratio of one and two level structures in the R-3 High Density District from 20% to 30%. The recommendation for change is considered to be a housekeeping amendment since both the R-1 and R-2/R-4 Districts were previously increased because the 20% coverage was unnecessarily limiting housing size. The R-3 District was not changed earlier because of the impression that high density units meant 3 or more levels of living space. As indicated during the previous hearing, a developer has requested one and two level structures within the R-3 District. Harvey Snyder, from Empire Township, asked if the densities recommended were consistent with other nearby communities. City Planner Tooker said that the low and medium density districts did compare favorably with other communities but no comparison has been made regarding high density districts. o o o Planning Minutes - 2/8/94 - Page 3 Councilmember Galler said that the building coverage ratio was established to assure greenspace within developments but it has worked to limit the size of structures and, thereby limited building values in Farmington. MOTION by Schlawin, second by Gramentz to close the public hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Harmelink to forward a recommendation to the City Council approving the increase in building coverage for one and two level structures from 20% to 30% in R-3 Districts. APIF, MOTION CARRIED. 5. City Planner Tooker reviewed a concept plan proposed by Lyman Development for 32 acres of land across County Road 31 from Akin Road Elementary School. The subdivision contains 76 lots and will be developed in one or two phases. Mike Gair, land planner for the Developer, followed up with an explanation of land features and their contribution to the recommended layout. The proposed plat will utilize an outlot in Akin Park Plat, the rear 5 acres of the Stoffel land, plus 24 acres owned by Mike McNamara. The developer plans to start grading in late spring. The Commission agreed with the direction the developer has taken in the proposed layout of this land area. 6. The Commission held a brief discussion of the proposed draft of the sign ordinance regarding agricultural district signs. It was the consensus that this item could be held over to give members some time to look at comparable agricultural district signs. 7. The Commission next reviewed the material offered with respect to the width of driveway access onto City streets. In essence, the problem is that surmountable curbs make it very easy for property owners to add driveway width. The increased use of three car garages placed at the building setback line suggests a need for driveways wider than 24 feet. Associated with this is the fact that there are already many driveways wider than 24 feet within the City. Strict enforcement of the current law could be difficult. The members present agreed to defer action until a later meeting. 8. Member Schlawin introduced the problem associated with the James Pluntz Conditional Use request. A letter from Ernest Darflinger, attorney for Mr. Pluntz and a memo in response from City Attorney Grannis were discussed. During the discussion, the Commission agreed with the written presentation provided by City Attorney Grannis and discussed appropriate actions that could be taken regarding the Pluntz Conditional Use. MOTION by Schlawin, second by Gramentz to request that the City staff send a letter to Mr. Pluntz ordering him to remove the "carport" o structure from the 1000 square foot accessory building which was the subject of his original conditional use application by May 1, 1994. APIF, MOTION CARRIED. 9. City Planner Tooker made announcements regarding a City Council workshop and potential schooling for members of the Commission. Karen Finstuen explained that Larry Thompson will be developing Planning Minutes - 2/8/94 - Page 4 draft By-Laws for all of the Commissions and Boards and that the Council will provide some guidelines as to the direction the Boards will be encouraged to take. 10. The election of a Chair was the last item of business for the Commission. MOTION by Gramentz, second by Strachan to nominate Craig Schlawin to be the Chair of the Commission for 1994. VOTING FOR: Gramentz, Ha r.me 1 ink, Strachan. OPPOSED: None. ABSTAIN: Schlawin. MOTION CARRIED. 11. The Commission agreed to adjourn at 9:30 P.M.. Submitted by, &~ 17 ~~ Charles Tooker City Planner Approved 3JcoJq4 -') o o o PLANNING COMMISSION RESOLUTION RI~94PC Pursuant to due call and notice thereof, a regular meeting of the Planning Commission of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 8th day of March, 1994 at 7:00 P.M.. The following members were present: The following members were absent: Schlawin, Thelen, Harmelink, Strachan. Gramentz. Member Harmelink introduced and Member Thelen seconded thp. following resolution: WHEREAS, the Tax Increment Financing Plan and associated Project Program of the Housing and Redevelopment Authority of the City of Farmington, Minnesota, for the establishment of Economic Development District No. 5 has been submitted to the City Planning Commission pursuant to Minnesota Statutes, Section 469.027; and WHEREAS, the Farmington Planning Commission has reviewed said Project Program to determine conformity of said Plan and Project Program to the general plan for the devp.lopment o~ redp.vp.lopment of the City as a whole. NOW THEREFORE, BE IT RESOLVED that after due review, the Farmington Planning Commission finds that the Plan and Project Program for Economic Development District No. 5 conforms to the general plan for the develop- ment of the City as a whole. This resolution adopted by recorded vote of the Farmington Planning Commission on the 8th day of March, 1994. ATTEST: ~~ City Planner o o o MINUTES PLANNING COMMISSION REGULAR MARCH 8, 1994 1. The meeting was called to order by Chair Schlawin at 7:00 P.M.. Members Present: Schlawin, Harmelink, Thelen, Strachan. Members Absent: Gramentz. Also Present: City Planner Tooker. 2. The Chair asked for comments on the minutes of February 8, 1994. MOTION by Harmelink, second by Strachan to approve the minutes of February 8, 1994 as distributed. VOTING FOR: Schlawin, Strachan, Har.melink. ABSTAIN: Thelen. MOTION CARRIED. 3. Chair Schlawin opened discussion on the Pluntz'Conditional Use permit. Attorney Darflinger was present representing Mr. Pluntz. He described why his client was not represented at previous discussions and also detailed his opinion that the primary use of the property is agricultural rather than residential as affirmed by the County Assessor's office. One of the questions directed to Mr. Pluntz was why he built a shed expansion of the condition use without a permit. He responded that a building official from another community convinced him that his tree nursery constituted an agricultural use which is not subject to building permit requirements. Member Strachan asked if Mr. Pluntz secured his primary income from the nursery business and if when he applied for a conditional use permit, did that not imply acceptance of a conditional use requirement? Mr. Darflinger indicated that the original conditional use allowed a building that would not accommodate the equipment used in the nursery business. He asked if it would be possible to develop an amendment to the ordinance that would allow larger accessory buildings on lots that are substantially larger than the typical platted lots in R-l Districts. The Commission members agreed in general with a comment made by Member Harmelink who said that the Commission made a decision on the carport attachment to the conditional use structure but that he would not be opposed to some other approach to the problem. Mr. Pluntz asked if the Commission would make a recommendation for a change in the ordinance. Chair Schlawin said that a wording change affecting a particular situation likely should go forward directly from that individual rather than from the Commission, even if the Commission is asked later for a recommendation. Mr. Darflinger indicated that he would pursue an ordinance change for Mr. Pluntz. 4. City planner Tooker said that recent correspondence with John Tschohl indicates his continuing interest in subdividing his property on Flagstaff Avenue. The letter from Administrator Thompson clearly outlined the staff position with respect to the placement of buildings on Lot 2 and the need to improve the extension of Fairgreen Avenue if Lot 4 were to be created. The City Planner pointed out that the staff has looked at the potential extension of 208th Street through the Tschohl property and Minutes - Planning - 3/8/94 - Page 2 determined that it would important to secure the right of way as a part of the lot split action. The plans for 208th Street indicate the need for a 100 foot wide right of way. The Commission questioned the City Planner as to when Mr. Tschohl might be available. The possibilities include a special meeting on March 22, 1994 or the regular meeting on April 12, 1994. City Planner Tooker said that he would write to Mr. Tschohl to establish a time. 5. City Planner Tooker reviewed the Administrative Subdivision Application requirements for Lakeville as an introduction to a discussion about the potential for a change in the Waiver of Platting section of the City Subdivision Ordinance. In essence, the Lakeville ordinance requires platting of all lots less than 10 acres in size. The Commission agreed generally with the concept and asked staff to provide more detail. 6. City Planner Tooker indicated that the staff will need to develop a Comprehensive Plan Amendment in order for the City to proceed with the extension of sanitary sewers to the Pine Knoll neighborhood. MUSA will be extended for the purpose of handling waste water for existing development only. A draft will be available for discussion during the special meeting of March 22, 1994. 7. The Chair asked for a discussion the draft amendment to the sign ordinance dealing with agricultural signs. The consensus of ( the Commission members present was that the sign should be-/~ comparable with the size of business signs in residential districts which has been established at 30 square feet. It was also determined that one sign for each premises would be the preference of the Commission. MOTION by Thelen, second by Harmelink to forward an amendment of the-sign ordinance to the City Council regarding agricultural signs with the recommendation that it should be approved. APIF, MOTION CARRIED. 8. Chair Schlawin reintroduced the submit of driveway widths at the street right of way line which was brought to the attention of the Commission by a new property owner who has a three car garage which is setback only 20 feet from the right of way line. In essence, the Commission was in agreement that transitional driveway widths are not always possible and that a new standard width may be more appropriate in certain situations. MOTION by Strachan, second by Thelen to forward a recommendation of approval to the City Council for the amendment which would increase driveway widths at the street right of way line from 24 to 30 feet. APIF, MOTION CARRIED. 9. The City Planner reviewed a resolution requested by HRA Director Henricks regarding proposed Economic Development District No.5. In essence, the Commission has been asked to affirm that Lot 1, Block 4 in the Industrial Park be recognized as industrial c- in the City Comprehensive Plan. MOTION by Harmelink, second by ---) Thelen to adopt a resolution indicating that the plan and program o o o Minutes - Planning - 3/8/94 - Page 3 for Economic Development District No. 5 conforms with the general development plan of the City and that said resolution become a part of these minutes. APIF, MOTION CARRIED. 10. City Planner Tooker reviewed a memo from City Engineer Kaldunski regarding conditions under which the Nordseths could provide an easement to the City to allow construction of a trunk sewer across their property at the end of the cuI de sac on 207th Street West. The sticking points are items 3 and 4 of the March 2, 1994 letter from Ernest Darflinger. The first problem is a request for a commercial access directly from 208th Street. The Commission indicated that such access was discussed and rejected when Riverside Estates was platted because of the close proximity of such an entrance to the 208th Street and Akin Road intersection. The second problem is assurance that this property will be zoned for business use. Because the Comprehensive Plan does not recommend business activity and the School District purchased extra land for the Middle School site to avoid adjoining business use; and that such a use would be considered spot zoning, members agreed that no such assurance should be given. MOTION by Strachan, second by Thelen to forward a recommendation to the City Council in opposition to the request from Mr. and Mrs. Nordseth to gain access directly from 208th Street and to rezone their property at the west end of 207th Street to business use. APIF, MOTION CARRIED. 11. Chair Schlawin recommended that since he must be away from the City from time to time as a requirement of his job, there should be a back up person to sit as Chair of the Commission in his absence. By consensus, it was agreed that Cheryl Thelen would fill in as Chair in the absence of Member Schlawin. 12. There being no further business, the meeting was adjourned at 8 :40 P.M.. Submitted by, (}f~ /f! 1J,~ '-I/;;ijql Charles Tooker City Planner Approved o o o MINUTES PLANNING COMMISSION SPECIAL MARCH 22, 1994 1. The meeting was called to order at 7:00 P.M. by Chair Schlawin. Members Present: Gramentz, Harmelink, Schlawin. Members Absent: Strachan, Thelen. Also Present: City Planner Tooker. 2. Chair Schlawin opened the public hearing advertised for 7:00 P.M. requested by Ronald and Diana Valek for a 44' x 64' storage building together with a single family dwelling on property they purchased on the east side of Flagstaff Avenue in the SW~ of Section 26. Chair Schlawin raised a question about Section 10-6-4 of the Code which says that accessory farm buildings need to be at least 100 feet from neighboring property. The Valeks are in masonry construction and the storage building is intended to hold equipment and materials used in that business. Since the conditional use being discussed is equipment and maintenance storage, members agreed that the structure would not be considered an agricultural building. Np.ighbors who attended the hearing asked questions about the proposed building but did not speak against it. Mrs. Valek said that no sign will be required as a part of this conditional use. MOTION by Harmelink, second by Gramentz to close the public hearing. APIF, MOTION CARRIED. MOTION by Harmelink, second by Gramentz to approve the conditional use subject to the recommendations of the site plan including six foot Black Hills Spruce trees and 24" red osier dogwood plantings on the west and north sides of the building. APIF, MOTION CARRIED. 3. City Planner Tooker reviewed the request from John Tschohl to subdivide three additional lots on the former farm which was at one time under consideration as a sludge ash disposal site to serve the metropolitan area. The Planner indicated that proposed Lot 3 could be divided from the land area provided that no other land area remaining in this quarter/quarter section will be built upon and that a description of the land area being conveyed is supplied to the City Attorney. Lots 2 and 4, however, are going to be affected by a right of way that is needed to implement future extension of 208th Street. Because of knowITwetlands on the property and current mandates to avoid them, the staff would recommend platting the property. This would assume the future extension of 208th Street to Flagstaff Avenue plus an extension of Fairgreen between 208th and 2l0th Streets. Commission members agreed that unless a plat is prepared and filed, the rear portion of the farm will become landlocked. MOTION by Schlawin, second by Harmelink to approve the division of Lot 3 as proposed subject to the applicant providing a legal description to the City Attorney and signing an agreement that the remainder of the quarter quarter section will not be built upon and that the remainder of the farm will be platted before any other parcels are sold. APIF,.MOTION CARRIED. 4. Chair Schlawin opened the public hearing advertised for 7:30 P.M. as requested by Warren Israelson regarding the preliminary plat of Prairie Creek Second Addition. The plat contains 75 lots for single family dwellings and one business lot to be developed as an office retail site. City Planner Tooker outlined concerns identified by Dakota Soil and Water Conservation District and the need to acquire a 10 foot drainage easement from Jack Benedict on land that has not yet been platted in Dakota County Estates. He identified limits of the ponding~>, area and its impact on open space in the plat. Gordy Smith, a () resident in Silver Springs, asked about access to Pilot Knob Road "j. and when it might become available. Warren Israelson responded that he expects that all of the streets will be in place in September, and that access directly to Pilot Knob Road will be located just north of the existing farm house. City Planner Tooker said that a Developers Agreement will be prepared for presentation to the City Council during the second regular meeting in April if the plat is recommended at this meeting. MOTION by Gramentz, second by Harmelink to close the public hearing. APIF,MOTION CARRIED. MOTION by Schlawin, second by Harmelink to recommend approval of Prairie Creek Second Addition to the City Council subject to conditions outlined by the staff and the Soil and Water Conservation District. APIF, MOTION CARRIED. 5. City Planner Tooker reviewed the proposed Comprehensive Plan Amendment to expand MUSA to the Pine Knoll Plat which is an existing development with a long history of private sewage disposal system failures. He indicated that plans have been put together for this improvement project but that a plan amendment is necessary before the Waste Control Commission will authorize the work. MOTION by Harmelink, second by Gramentz to forward the Plan Amendment to the City Council with a recommendation to approve. APIF, MOTION CARRIED. 6. There being no further business, the Commission adjourned at 8:00 P.M.. C~) Submitted by, Charles Tooker City Planner Approved 4lJ~Jq~ ,. L). o o o MINUTES PLANNING COMMISSION REGULAR MEETING APRIL 12, 1994 1. The meeting was called to order at 7:00 P.M. by Chair Schlawin. Members Present: Gramentz, Harmelink, Schlawin, Strachan, Thelen. Members Absent: None. Also Present: City Planner Tooker, City Engineer Kaldunski. 2. Chair Schlawin asked for comments on the minutes of the meeting of March 8, 1994. MOTION by Thelen, second by Harmelink to approve the minutes as distributed. APIF, MOTION CARRIED. The Chair then asked for discussion on the minutes of the March 22, 1994 special meeting. MOTION by Gramentz, second by Harmelink to approve the minutes as prepared. APIF, MOTION CARRIED. 3. Chair Schlawin opened the public hearing advertised for 7:00 P.M. requested by Lyman Development to discuss the preliminary plat of Limerock Ridge, a 32 acre, 76 lot, low density plat proposed east of Akin Road and south of 193rd Street. City Planner Tooker reviewed the agenda report comments on the plat and Mike Gair, planner for the developer, responded to questions raised indicating that Lyman Development would agree to the suggested changes as outlined by the staff. The following testimony was heard: Peg Webb - 5073 W. 193rd Street: Because of the bike path, will housing on 193rd Street be set back further from the curb? Planner Tooker: Yes, the street is not centered in the right of way, which means that housing on the south side will have a deeper setback than on the north side. Mark Allan - 5124 192nd Street: I am concerned about drainage. Will it be graded to the street or follow the center of the lots? Eng. Ka1dunski.: The grading plan shows that drainage will flow behind the houses fronting on 193rd Street. Craig Davis - 5151 W. 193rd Street: I am concerned about the drainage ditch as the plat development would double the amount of water in the ditch. Mike Webb - 5073 W. 193rd Street: Will the tree line be disturbed south of 193rd Street? Eng. Ka1dunski: Yes, grading will eliminate some of the trees, but much of the mass will remain. Mike Sibley - 5681 W. 193rd Street: When will development activity take place? Planning Minutes - 4/12/94 - Page 2 Steve Ryan, Lyman Development: We will begin in June and construction likely will take place over three months. Tom Davis - 5263 W. 183rd Street: I believe that there needs to be better coordination between the City and the School District on housing and the availability of classroom space. Chair Schlawin: I would agree that there is not enough communication between the two jurisdictions but the property is properly zoned for low density residential development. MOTION by Thelen, second by Strachan to close the public hearing. APIF, MOTION CARRIED. MOTION by Harmelink, second by Thelen to approve the preliminary plat of Limerock Ridge subject to recommendations from the staff and the Soil and Water Conservation District. APIF, MOTION CARRIED ON A ROLL CALL.VOTE. 4. Chair Schlawin opened the public hearing advertised for 7:30 P.M. requested by Builders Development, Inc. to discuss a preliminary plat of TroyHill, a 79 lot, low density plat north of County Road 64 and west of Fair Hills Subdivision. City Planner Tooker reviewed the recommendations listed in the agenda report. Rick Sathre, engineer for the developer, responded with a presentation of pertinent comments about the proposed development. He agreed to work closely with the City Engineer on the ultimate design of the ponding area in the southeast corner of the plat. He identified a proposed planted berm along County Road 64 and proposed a clustering of trees along interior streets of the subdivision. The following testimony was heard: Todd Proulx - 19353 Eureka Court: I am concerned about ponding on the rear of my property.. It was not a problem until the County Road grade was changed. Is there any guarantee that this problem will be corrected? Rick Sathre, Developer's Engineer: A berm has been designed to hold ponding on the TroyHill site and drainage from that pond will be piped across County Road 64. Barbara Lindsley - 5731 193rd Street: I am concerned about the bike path and where it will be after it leaves TroyHill. Rick Sathre: The City shows that it is a continuous trail linking open space areas from east to west. It will be within the City right of way along 193rd Street. Deanna Guyot - 5741 193rd Street: What type of housing will be built and at what cost? .c\ . { o o o Planning Minutes - 4/12/94 - Page 3 Rick Sathre: It will be comparable with the investments made in Fair Hills Plat, although the housing style will, of course, be different. Emily Rahn - 18775 Pilot Knob Road: It was my understanding that berms were not acceptable to the City. Has that changed? Planner Tooker: I am not aware of any policy change or any original concern about berms. Because of properties The Vermillion River cannot handle any more water. the bridge at Biscayne Avenue, water backs up onto the upstream. Myron Stapf - 3698 Widgeon Way, Eagan: Eng. Kaldunski: The Vermillion River Watershed Management Board is responsible for the water handling capacity of the Vermillion River. Chair Schlawin: The Planning Commission has been concerned about storm water runoff in all of its plats. MOTION by Gramentz, second by Harmelink to close the public hearing. VOTING IN FAVOR: Gramentz, Har.melink, Schlawin, Strachan. OPPOSED: Thelen. MOTION CARRIED. MOTION by Gramentz, second by Strachan to approve the preliminary plat of TroyHill subject to comments made by the City staff in the agenda report and those of the Soil and Water Conservation District. APIF, MOTION CARRIED ON A ROLL CALL VOTE. 5. Chair Schlawin opened the public hearing advertised for 8:00 P.M. for a Wetland Alteration Permit which is required for the construction of the prairie Waterway. City Planner Tooker indicated that the hearing was for the purpose of discussing the wetlands associated with the waterway rather than the waterway alignment itself. . City Engineer Kaldunski indicated that ten acres of wetland will be impacted by the waterway and twenty five acres will be created to replace those that are lost. He said that a permit is required from both the DNR and the COE and every indication that he has received from both agencies is that these permits are forthcoming and likely will be in place by the first of May. The following comments were heard: Willard Barnett - Empire Township: I have spoken with a staff person from the Corps of Engineers and he has no information about this waterway and understood that the best alignment for it is in the natural run to the east. Planner Tooker: Who on the staff were your talking with? Willard Barnett: I will not provide that information because staff will contact him before we can get back to him. Planning Minutes - 4/12/94 - Page 4 Harlan Henke - Empire Township: The problem is development. The water table was not a concern until the area began to fill up with housing. Myron Stapf - 3698 Widgeon Way, Eagan: The raw sewage that was bypassed to protect Farmington residents passed within 200 feet of my house. Willard Barnett: I understand that Sienna Corporation will get all of the fill from the waterway project. Greg Adelmann - Empire Township: How high will fill be placed on the Sienna neighborhood? Eng. Kaldunski: Approximately 3 to 5 feet. George Betzold - Empire Township: This project will pollute the groundwater because the holding ponds will not filter off pollutants. Bruce Peters - Empire Township: A major concern for this high watertable area are sand point wells that possibly will be ruined because of the waterway. Mary MacEnany - 909 10th Street: flood plain, the existing With basements in the new neighborhood four feet above the the new neighborhood can be dry but at the expense of neighborhood. Henry Iwerks - 1105 Sunnyside Drive: Have landowners been paid for their land in the Sienna Neighborhood? Have they paid for permits? MOTION by Harmelink, second by Strachan to close the public hearing. APIF, MOTION CARRIED. MOTION by Schlawin, second by Harmelink to table action on the wetland alteration permit until the May meeting which will be after the DNR and COE have taken action. APIF,. MOTION CARRIED. 6. Chair Schlawin opened the public hearing advertised for 8:30 P.M. concerning the Planned Unit Development of Nelsen Hills Farm, a 119.48 acre, 271 lot, low density neighborhood situated north of Fair Hills Subdivision and immediately west of County Road 31. The City Planner presented a summary of information provided in the meeting agenda report. John Dobbs, representing Heritage Development, indicated that the staff comments would be incorporated into the plan. The following testimony was heard: Emily Rahn - 18775 Pilot Knob Road: I was not notified of this meeting and would like to complain also about the trash that is blowing from the site of the 2nd Addition. o o [] Planning Minutes - 4/12/94 - Page 5 Carolyn Schlawin - 19001 Euclid Path: Currently there are no iron monuments on our property corners as promised by Heritage Development. Also, the easement has not been sodded and the silt fence is down. In addition, hay bales are holding back storm water. John Dobbs indicated that these issues would be examined and taken care of. David Barnes - 18939 Euclid Path: The silt fences are not complete and/or washed over. This has resulted in wash over areas four feet deep in places. Gary Cameron - pilot Knob Road: What are the chances that some of these lots will be converted to business property? Planner Tooker: It would take another public hearing to amend the PUD. This Commission and the City Council are not likely to approve. Emily Rahn: Will someone guarantee that I will not be assessed for 187th Street? John Dobbs: Yes. Gary Cameron: Can the opening to the park be moved northward? There was general agreement that this would be worth considering. Chair Schlawin: Should the Developer consider the need for additional easements in the construction of 190th Street before the PUD is approved? Planner Tooker: No, this would come with approval of whichever phase of the PUD is developed that needs access from 190th Street.. MOTION by Harmelink, second by Gramentz to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Harmelink to recommend approval of the PUD of Nelsen Hills Farm subject to: a. expanding the trail width to 50 feet; b. providing more direct access between the trail and the park; c. moving access to the west from 186th Street to 189th Street; d. providing consistent access to the Cameron property in order to afford the development of lots on both sides of the gas line easement; e. the expansion of the multipurpose lot north of the storm water pond and to designate that it will be for townhouse development; f. provide extra care in keeping erosion from wetlands and adjoining property; and Planning Minutes - 4/12/94 - Page 6 g. approval from the Parks and Recreation Commission on the location of open space. VOTING IN FAVOR: Gramentz, Har.melink, Strachan, Thelen. OPPOSED: Schlawin. ON ROLL CALL VOTE, MOTION CARRIED. 7. Michael and Karry Rothbauer of 5171 183rd Street West asked for an informal discussion of the possibility of a variance of front yard setback requirements on a corner lot in Dakota County Estates to build a six foot high privacy fence in a front yard. After due consideration, the Commission by consensus indicated that a hardship does not exist for this property. 8. David Bryant of 5194 Upper l83rd Street asked for an informal discussion of his request to exceed the 30% building coverage ratio in Dakota County Estates by 28 square feet. It was the consensus of the members that they would look favorably on such a variance.~ 9. There being no further business, the Commission agreed to adjourn at 12:10 A.M.. Submitted by, (}/ ~ If! tJl,t- Charles Tooker City Planner Approved eM OJ'(\.Q hch& - 5/0/;4 I /') ~--j' r". l) o o o MINUTES PLANNING COMMISSION REGULAR MAY 10, 1994 1. The meeting was called to order by Chair Schlawin at 7:00 P.M.. Members Present: Gramentz, Harmelink, Schlawin, Thelen. Members Absent: Strachan. Also Present: City Planner Tooker. 2. The members were asked for comments on the minutes of April 12, 1994. Chair Schlawin indicated that in Item 8 the wording at the end of the last sentence should be changed to "variance" rather than "amendment". MOTION by Thelen, second by Harmelink to approve the minutes of April 12, 1994 as amended. APIF, MOTION CARRIED. 3. Chair Schlawin opened the public hearing advertised for 7:00 P.M. on a wetland alteration permit affecting the East Farmington PUD. City Planner Tooker identified the wetlands involved in this application noting that the Developer was able to convince the Corps of Engineers that the very southernmost portion of wetlands adjoining Trunk Highway 50 are more accurately described as cropland. This has become a benefit to the Developer since he is now able to use this area as part of his mitigation plan for those wetlands that will be disturbed. The following comments were heard: Willard Barnett: Would the Planning Commission please delay any action on this issue until the Corps of Engineers and the DNR have taken action? David Ballman has agreed to meet with area residents before making a final recommendation on the wetlands. George Betzold: 1991 Conservation Act requires that any wetland that is affected by development wetland of equal or greater value. How many water does it take to replace one acre of clean must be replaced by a acres of contaminated water? Planner Tooker: The development practice today requires that all developers must create ponding areas to settle out the erodible material as well as to include vegetation which will clean the water while it is being held. George Betzold: What then goes into the wetlands that are being created? Charles Tooker: Water. George Betzold: What water is going into these wetlands? The wetland replacement will contaminate the groundwater table. I would ask that you defer any action until the DNR and Corps of Engineers has responded to the permit. It takes only from a few weeks to a few years for the surface water runoff to contaminate the Jordan Aquifer. Our water supply in this area of Planning Minutes - 5/10/94 - Page 2 Empire Township comes from shallow wells. Shallow wells must be tested. Farmers in this area have been told by the Dakota County Department of Health how careful we must be to prevent contamination of our water source. If farmers must be careful, does not the City also have to be careful? Willard Barnett: David Ballman has indicated that a meeting will be set for public discussion and that he would notify the City of resident concerns. Chair Schlawin: Has the City received these comments? Planner Tooker: No. Chair Schlawin: I will now entertain a motion to close the public hearing. MOTION by Harmelink, second by Thelen to close the hearing. VOTING FOR: Gramentz, Har.melink, Schlawin, Thelen. OPPOSED: None. On a roll call vote. MOTION CARRIED. Member Har.melink: Could we hold a special meeting to act on this wetland alteration permit in order not to delay the project? Chair Schlawin: Yes. My opinion is that I would not like to make a motion based upon contingencies but would not like this decision to take a long time. MOTION by Harmelink, second by Thelen to table action until a special meeting on May 24, 1994, provided that the Corps of Engineers has taken action. On a roll call vote. VOTING FOR: Har.melink, Schlawin, Thelen, Gramentz. OPPOSED: None. MOTION CARRIED. 4. Chair Schlawin opened a discussion on the Wetland Alteration Permit for the Prairie Waterway. It was the consensus of the members present that action should be deferred until the special meeting of May 24th. MOTION by Harmelink, second by Gramentz to table further discussion of the Wetland Mitigation Permit for the Prairie Waterway until the special meeting of May 24, 1994, if the Corps of Engineers reaches a decision before that time. On a roll call vote. VOTING FOR: Schlawin, Thelen, Gramentz, Har.melink. OPPOSED: None. MOTION CARRIED. 5. City Planner Tooker introduced a request from Jerome Schweim to sell nursery products in a gard~n/nursery center like the retail outlet that was permitted across the road at God's Country Nursery. In essence, God's Country Nursery buys balled and burlapped trees and other nursery products to be sold. For background, the type of nurseries anticipated when the ordinance was drafted were growing fields like those maintained in the area by Bachman's and Nicollet Nursery. However, God's Country was permitted without deeply thinking/~~\ about the kinds of businesses that are lumped under the general .... U category. Mr. Schweim now has a market garden. His sons operate a . o o c Planning Minutes - 5/10/94 - Page 3 general retail nursery in Eagan. He would like to sell products that they have available. Following a lengthy discussion, the Commission members present decided that selling plant materials brought in from wholesalers would be acceptable, but concrete products or other landscape supplies would not be acceptable. The two operations will be treated equally in this regard. Chair Schlawin requested that the City Planner notify God's Country that this operation also will be limited to the sale of plant materials. In essence, the operation of a nursery does not include landscape construction. The City Planner said that both operations need to be brought up to date on signs as both currently have more signs than the ordinance allows. Mr. Schweim asked for a copy of the minutes when they are completed. 6. Chair Schlawin opened the public hearing advertised for 7:30 P.M. which was requested by David and Theresa Bryant at 5194 Upper 183rd street West. The Bryants wish to extend their garage by 10 feet in order for more efficient equipment storage. Such an expansion will exceed existing building coverage by 28 square feet. Member Thelen indicated her concern for other applicants. Chair Schlawin said that the request makes some sense as it provides adequate inside storage. A common sense decision is needed with the discussion since the area in question is less than 6 feet square. MOTION by Thelen, second by Harmelink to close the public hearing. On a roll call vote. VOTING FOR: Thelen, Gramentz, Har.melink and Schlawin. OPPOSED: None. MOTION CARRIED. MOTION by Schlawin, second by Thelen to approve the requested variance. On a roll call vote. VOTING FOR: Gramentz, Har.melink, Schlawin, Thelen. OPPOSED: None. MOTION CARRIED. 7. Kurt Mills was recognized by City Planner Tooker as the agent for Dave Finnegan who is requesting that the Commission favorably consider moving the large metal clad building currently situated on the Quik Trip property across the north property line for conversion into a 10 unit apartment building. The action will require a moving permit for the building in order for Quik Trip to begin construction; a conditional use permit for the 10 unit apartment building; and then moving the structure into its proposed permanent location. Kurt Mills stated that the building will be moved elsewhere if the Commission does not agree with the proposed apartment. MOTION by Harmel ink , second by Gramentz to permit moving the building across the north property line provided that all surety that is recommended by the Finance Director is in place. On a roll call vote. VOTING FOR: Gramentz, Har.melink, Schlawin, Thelen. OPPOSED: None. MOTION CARRIED. 8. Chair Schlawin asked City Planner Tooker to review the request for property division on First Street. The City Planner recognized Maureen Johnson who owns Lot 15 in the Mohn Addition to Westview Acres. In essence, the property was built as a duplex and the owner would like to divide the lot and sell it as two units. The approach is similar to the division granted earlier at the corner of Spruce and First Streets but that division was approved prior to the construction of the duplex. The smaller of the two lots will be 7000 square feet and has a 20% building coverage. Other duplex properties exist in the Gil's Addition to Westview Acres PUD which have been sold as Planning Minutes - 5/10/94 - Page 4 individual units. In essence, the property division could be handled through the waiver of platting process but, since the structure is already in place, the staff decided to get direction from the Planning Commission. The request meets all of the City land use requirements. MOTION by Thelen, second by Gramentz to forward the request to the City Council recommending the property division be approved as indicated in the survey. On a roll call vote. VOTING FOR: Har.melink, Schlawin, Thelen, Gramentz. OPPOSED: None. MOTION CARRIED. 9. Chair Schlawin suggested that discussion of the by-laws be postponed as he has a few comments that might take some time to work through. The members agreed with the suggested postponement. 10. There being no additional items to discuss, the Commission agreed to adjourn at 8:30 P.M.. /JPUbr;i t t;J7 blfJ // (, ',( Jz,., 7. 7ff~ Charles Tooker City Planner Approved fPlt.f!qi/ (-) (~\ o o c o MINUTES PLANNING COMMISSION REGULAR JUNE 14, 1994 1. Chair Schlawin called the meeting to order at 7:00 P.M.. Members Present: Gramentz, Harmelink, Schlawin, Strachan, Thelen. Members Absent: None. Also Present: City Planner Tooker. 2. Chair Schlawin asked for comments on the minutes of May 10, 1994. MOTION by Harmelink, second by Gramentz to approve the minutes of May 10, 1994 as presented. APIF, MOTION CARRIED. 3. Chair Schlawin opened the .public hearing advertised for 7:00 P.M. as requested by Audrey and Roy Rademacher of 312 5th Street for a variance to the building coverage section of the City Code. The Rademachers have a very small lot of 5200 square feet. Existing structures cover 26.68% of the yard and they would like to exceed the building coverage requirements of this R-2 District by .68% to build an elevated deck in their rear yard. MOTION by Gramentz, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Strachan to approve the requested variance because of the restricted amount of space on the lot resulting in a hardship unique to the property. ON A ROLL ~ALL VOTE: IN FAVOR: Gramentz, Har.melink, Schlawin, Strachan, Thelen. OPPOSED: None. MOTION CARRIED. It was the consensus of the Commission that building coverage area of up to 31% of the lot area limits may be approved by staff without a public hearing. 4. Chair Schlawin opened the public hearing advertised for 7:10 P.M. as requested by William and Sanndy Olson for a variance and conditional use to recognize an existing duplex at 409 Oak Street. The property is just within the B-2 District which allows multiple family dwellings as a conditional use but does not mention two family dwellings. Mr. and Mrs. Olson indicated that they plan to make improvements to the house starting with the interior and to later begin outside work. aunt and uncle state. We are interior in an We purchased the house from the estate of our and we wish to bring the house back to its original currently working on it and will focus attention on the effort to get both units rented. Sanndy Olson - 23025 Penn Avenue, Lakeville: changed the zoning on of residential zoning It was my impression that some time ago, the City Council Oak Street to residential. Is there some form that will exclude duplexes? Robert Brownawell - 417 Oak Street: Planner Tooker: The Zoning Ordinance distinguishes between duplexes and accessory apartments. In the R-2 District, accessory apartments are permitted through the conditional use process if they include only 40% of the living space in the dwelling unit. Planning Minutes - 6/14/94 - Page 2 Duplexes are also recognized as acceptable in this district through the conditional use process but the lot must be 11,000 square feet or larger. In the Original Town of Farmington plat, all of the lots were originally platted as 10,200 square feet suggesting that most two unit buildings in the R-2 District will include accessory apartments rather than duplexes. Robert Brownawell: Is there any consideration for making the Olson's lot R-2? Planner Tooker: That would be a decision that the Olsons would need to make. Chair Schlawin: This does not impact the hear~ng currently open which is a request.for a variance and conditional use for a duplex. If the Olsons wish to change the zoning, they could petition for another hearing. MOTION by Thelen, second Harmelink to close the public hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Thelen to approve the variance and conditional use to recognize 409 Oak Street as a duplex. Gramentz asked the owner about his time line for exterior improvements. William Olson responded by stating that the trim will be painted this summer and they will investigate stucco and roof repair this summer as well. Sanndy Olson stated that they would make sure the house is well maintained as they have a sentimental attachment to it. ON A ROLL CALL VOTE: IN FAVOR: Har.melink, Schlawin, Strachan, Thelen, Gramentz. OPPOSED: None. MOTION CARRIED. 5. Chair Schlawin opened a public hearing advertised for 7:20 P.M. as requested by Dave Finnegan and Kurt Mills for two conditional use permits to move an existing metal clad building within Block 25 and to convert it to a 12 unit apartment building. In addition, the petitioners asked for a favorable recommendation on vacating Main Street between Third Street and the railroad. City Planner Tooker presented information regarding the site plan and described the relatively short move for the existing structure. He explained that the density requirements of the code will be met and that the building will include 4 one bedroom units and 8 two bedroom units. One variance issue regarding layout involves the building setback line along Main Street. While the City does not wish to accept a petition to vacate Main Street at the present time, it is likely that the street will be discontinued in the future. For that reason, City staff suggested that the building setback along Main Street could be reduced to 10 feet from the 20 feet that is currently required. Craig Gott - 301 Main Street: Why would anyone want to move into this building next to the railroad tracks? I can hardly live in my place without being shaken up by passing trains. ..l~ / o o c Planning Minutes - 6/14/94 - Page 3 Kn'0+,' .~ Dick - 300 Main Street: I live across the street from this proposed building and I am concerned about parking for all of these units. Also, there will be more traffic in and out because of this. Planner Tooker: Garages for the units will be .located adjoining the proposed Quik Trip property line and will have stacking space in front of the garage units plus parking spaced adjoining the building. Chair Schlawin: There' must be a mistake on the site plan as the elevations do not match the plan. Craig Gott: At what price wi~l the units be rented? Kurt Mills, Developer: The one bedroom units will be $495.00 per month and the two bedroom units will be $595.00 per month. MOTION by Harmelink, second by Thelen to close ,the hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Thelen to approve a conditional use to move the metal clad building within Block 25 subject to approval of all sureties by the City Finance Director. ON A ROLL CALL VOTE: IN FAVOR: Schlawin, Strachan, Thelen, Gramentz, Har.melink. OPPOSED: None. MOTION CARRIED. MOTION by Thelen, second by Harmelink to grant a variance' to the applicants allowing the apartment building to be placed 10 feet south of Main Street rather than the required 20 feet based upon the strong likelihood that Main Street will be vacated at a later time. ON A ROLL CALL VOTE: IN FAVOR: Strachan, Thelen, Gramentz, Har.me1ink, Schlawin. OPPOSED: None. MOTION CARRIED. MOTION by Harmelink, second by Strachan to approve a conditional use to construct a 12 unit apartment building in Block 25 subject to the revised plans that were submitted in time for distribution in the agenda report. ON A ROLL CALL VOTE: IN FAVOR: Thelen, Gramentz, Har.melink, Schlawin, Strachan. OPPOSED: None. MOTION CARRIED. MOTION by Strachan, second by Thelen to deny the street vacation requested by Dave Finnegan and Kurt Mills for that portion of Main Street between the railroad right of way and Third Street. ON A ROLL CALL VOTE: IN FAVOR: Thelen, Gramentz, Har.melink, Schlawin, Strachan. OPPOSED: None. MOTION CARRIED. 6. Chair Schlawin opened a public hearing advertised for 7:50 P.M. as requested by Wensmann Homes for a conditional use to build two 16 unit townhouse groups in Lots 1 of Blocks 2 'and 3 of Dakota County Estates Third Addition. Originally the lots were designed for 16 unit apartment buildings which means that there will be somewhat less green space on each site to accommodate all of the driveway access to the "tuck under" garages for each unit. The main question for the Commission to decide is the issue of a major versus a minor amendment Planning Minutes - 6/14/94 - Page 4 to the PUD of Dakota County Estates. The type of construction has been described by Wensmann as deck homes on three levels. (Member Gramentz left the meeting at 7:55 P.M.) The price range will begin at $64,000 and move toward $72,000. The proposal removes many of the problems associated with medium to high density development from the point of view of neighbors by introducing the condominium concept. Individual ownership has been a high priority of people already living in the neighborhood. MOTION by Harmelink, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Harmelink, second by Strachan to approve the Wensmann concept for the proposed "deck homes" on Lots 1, of Blocks 2 and 3 of Dakota County Estates Third Addition, including the ruling that this represents a minor alteration to the original PUD. ON A ROLL CALL VOTE: IN FAVOR: Har.melink, Schlawin, Strachan, Thelen. OPPOSEP: None. MOTION CARRIED. 7. Chair Schlawin reintroduced the topic of wetland alteration permits for both the Prairie Waterway and East Farmington Neighborhood which are handled through the conditional use process. The Commission delayed action until after the Corps of Engineers met with Township residents in the belief that the Corps might take action very soon thereafter. However, because the conditional use process has a 60 day "window" for action by the Commission, the staff recommended approval of both alteration permits. MOTION by Schlawin, second by Thelen to approve the wetland alteration permit for the prairie Waterway contingent upon PCA and Corps of Engineers issuance of permits. ON A ROLL CALL VOTE: IN FAVOR: Schlawin, Strachan, Thelen, H~r.melink. OPPOSED: None. MOTION CARRIED. MOTION by Strachan, second by Harmelink to approve the wetland alteration permit for the East Farmington Neighborhood contingent upon the issuance of permits from the DNR, PCA and Corps of Engineers. ON A ROLL CALL VOTE: IN FAVOR: Strachan, Thelen, Har.melink, Schlawin. OPPOSED: None. MOTION CARRIED. 8. City Planner Tooker introduced the topic of signs on multi tenant buildings. The topic came to the surface when the City began investigating the need for a satellite liquor store in Benedict Plaza. Upon investigation, it became apparent that while this center could be granted a maximum of 75 square feet of signs in addition to the pylon sign, it actually includes 440 square feet. The staff has drafted an amendment which can be added to the existing sign ordinance. In essence, the ordinance change would allow business uses in multi tenant buildings the same square footage of advertising space as those in single tenant buildings but including an overall cap. The building owner or manager is recommended to be put in charge of the sign plan, with the City Planner responsible for oversight. Chair Schlawin: I plan to abstain from voting on the sign ordinance because of personal beliefs negative to public ownership of liquor stores. Member Har.melink: Can the requirements of this ordinance be phased u--- in? o o o Planning Minutes - 6/14/94 - Page 5 Planner Tooker: An amortization schedule already exists in the sign ordinance which will assure that all multi tenant buildings are brought to the recommended standard within a five and one half year period. MOTION by Harmel ink , second by Strachan to recommend the approval of the draft ordinance to the City Council as a proposed amendment to the multiple occupancy section of the sign' ordinance. ON A ROLL CALL VOTE: IN FAVOR: Thelen, Har.melink, Strachan. OPPOSED: None. ABSTAIN: Schlawin. MOTION CARRIED. 9. City Planner Tooker reviewed a request from Dakota County Lumber and Marigold Foods to reduce front and side yard setback requirements within the 1-1 Industrial District. A graduated reduction in setback width was suggested, but discussion by the Commission indicated a reluctance to reduce the front yard setback to less than is permitted in residential districts. MOTION by Schlawin, second by Strachan to recommend the City Council consider an amendment to the zoning ordinance which would maintain existing industrial district setbacks but would authorize the Planning Commission to approve reductions up to a maximum of 20 feet utilizing the conditional use process. ON A ROLL CALL VOTE: IN FAVOR: Har.melink, Schlawin, Strachan, Thelen. OPPOSED: None. MOTION CARRIED. 10. The Commission was briefed on a potential change in the zoning Ordinance directed toward the size of accessory structures outside of urban service areas. It was the consensus of members present to move slowly on this because of potential ramifications for properties which may be included in Farmington once the annexation hearings are concluded and a decision reached. 11. The Commission also agreed to discuss By-Laws during the July regular meeting. 12. There being no further business, the Commission agreed to adjourn at 9:10 P.M.. Submitted by, Charles Tooker City Planner Approved o o o MINUTES PLANNING COMMISSION REGULAR JULY 12, 1994 1. The meeting was called to order at 7:00 P.M. by Member Thelen. City Planner Tooker indicated that Chair Schlawin would be unavailable due to the death of his father. Members Present: Gramentz, Harmelink, Strachan, Thelen. Members Absent: Schlawin. Also Present: City Planner Tooker. 2. Member Thelen said that the minutes of June 14, 1994 need to be corrected with regard to the name of one of her neighbors, Krista Dick, who lives at 300 Main Street. MOTION by Harmelink, second by Strachan to approve the minutes of June 14, 1994 as corrected. APIF, MOTION CARRIED. 3. Member Thelen opened the public hearing advertised for 7:00 P.M. regarding the preliminary plat of Dakota County Estates 9th Addition, which is the last phase of Dakota County Estates PUD. City Planner Tooker described the plat which has only 10 single family lots, 3 quad home lots, 2 apartment building lots and 4 business lots. Kelly Murray from Wensmann Homes, Inc. presented information about "deck homes" that the company plans to build in place of the apartment structures that were approved as part of the PUD. Some changes that will become necessary include removal of the lot line between Lots 1 and 2, Block 2 and a change in the location of Park 2, a lineal 10 foot wide bike trail which will follow the east edge of Ensley Lane rather than the south side of 185th Street in Block 3. There needs to be 11 additional trees in the designated clusters of trees located adjoining the property lines separating the four business lots which open without direct access to Pilot Knob Road. In addition, Ensley Lane must become English Avenue to prevent a name change of this street in mid block. Nearby neighbors were concerned about apartment buildings, the need for stop signs on 184th Street and the value of the deck homes. Additional questions were taken concerning the difference between deck homes and quad homes; and one person questioned the type of businesses that would be located along Pilot Knob Road. The question on stop signs was referred to the Police Department. Developer Jack Benedict responded to the type of business uses by mentioning a bank, two restaurants and a day care center. MOTION by Harmel ink , second by Strachan to close the public hearing. APIF, MOTION CARRIED. MOTION by Harmel ink , second by Gramentz to approve the preliminary plat of Dakota County Estates 9th Addition subject to the addition of evergreen trees at lot corners along Pilot Knob Road, creation of a single lot out of Lots 1 and 2 in Block 2, plus all comments by the City Engineer and the Soil and Water Conservation District. VOTING IN FAVOR: Planning Minutes - 7/12/94 - Page 2 Gramentz, Har.melink, Thelen, Strachan. OPPOSED: None. MOTION CARRIED ON A ROLL CALL VOTE. 4. Member Thelen opened the public hearing advertised for 7:20 P.M. to discuss an amendment to the Zoning Ordinance which would add Congregate Care Facilities to the list of Conditional Uses in the R-1 District. City Planner Tooker said that South Suburban Medical Center is in the process of developing plans for a Congregate Care Facility which will be linked with the existing nursing home east of the hospital. Because the hospital and nursing home were existing at the time the Zoning Ordinance was originally drafted, both were included as conditional uses in the R-1 District. If congregate care were part of the health care vocabulary at that time, it too would have been included in the ordinance. Member Harmelink suggested that since the R-1, R-2 and R-3 Districts all include hospitals and clinics as conditional uses, the proposal should be expanded to allow congregate care facilities in each of these districts as well. City Planner Tooker said that this would be helpful in the future as the rezoning of the East Farmington PUD to medium density leaves very few people in this area at an R-l Density. At some time in the future when the Comprehensive Plan is updated, this entire area could be designated R-2. Member Strachan indicated that he is an employee of the City of Lakeville and that the hospital administrator, Bob Johnson, is a Lakeville councilmember. Members agreed that this would not prevent Member Strachan from participating in the discussion or a vote on the proposed amendment. . MOTION by Harmel ink , second by Gramentz to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Harmelink to recommend to the City Council the addition of Congregate Care Facilities to the list of conditional uses in the R-1, R-2 and R-3 zoning districts. APIF, MOTION CARRIED. (-) ',--_/ 5. City Planner Tooker reviewed with the Commission the planting plan for Kwik Trip. The planting plan is acceptable with the exception that the berm adjoining the southwest corner of the parking area needs the addition of 4 snowdrift flowering crab trees. MOTION by Harmel ink , second by Gramentz to approve the planting plan for Kwik Trip subject to the addition of 4 snowdrift flowering crab trees. APIF, MOTION CARRIED. 6. Member Thelen recognized Michael Odens and Mike Wheelock from Budget Oil Company who presented their plan for the replacement of an existing canopy over gas pumps at their station on County Road 31. The purpose of the change is to cover an additional pump island and to improve traffic circulation. With the exception of the canopy over the single pump island, the existing center was built observing 50 foot setbacks. When the branch bank was added to the center in 1986, the Commission approved of a canopy which extended into the Ensley Road front yard by 11 feet. This current proposal would reduce the front yard setback (.) to a total of 24 feet. The justification is a triangular shaped ~ lot which is difficult to use and need to increase the efficiency o c o Planning Minutes - 7/12/94 - Page 3 of dispensing gasoline from a public service point of view. City Planner Tooker stated that he believes the change to be minor with respect to the PUD but because approximately one half of the canopy extends into the building setback area, the owner should be required to produce and implement a revised landscape plan that will help mask this intrusion. MOTION by Strachan, second by Harmelink to approve the requested canopy as a minor change to the PUD of Dakota County Estates subject to the preparation and implementation of a landscape plan showing existing and proposed plantings around the strip center with emphasis on the pump island canopy end of the site. APIF, MOTION CARRIED. 7. City Planner Tooker reviewed a request from Christian Life Church for permission to add a second sign of 30 square feet to advertise the school that is located on site. In essence, the sign will contrast with the existing sign since it will be a painted sign without the brick uprights. The consensus of the Commission members present was that a second sign would be permissible but that the materials used had to relate. In addition, the Church should submit a site plan to indicate existing and proposed plantings adjoining both signs. MOTION by Thelen, second by Strachan to recommend approval of a second sign provided that the two signs use compatible material and that an approved site plan is implemented. APIF, MOTION CARRIED. 8. Commission members decided to delay discussion of the proposed by-laws until the Chairperson is able to be involved in the discussion. 9. The Commission members agreed to adjourn at 8:15 P.M.. {l{1tt/;} 1t~ Charles Tooker City Planner Approved o c c MINUTES PLANNING COMMISSION REGULAR AUGUST 9, 1994 1. The meeting was called to order at 7:00 P.M. by Chair Schlawin. Members Present: Gramentz, Harmel ink , Schlawin, Strachan, Thelen. Members Absent: None. Also Present: City Planner Tooker. 2. Chair MOTION by prepared. Schlawin. Schlawin asked for comments on the minutes of July 12, 1994. Gramentz, second by Strachan to approve the minutes as IN FAVOR: Gramentz, Har.melink, Strachan, Thelen. ABSTAIN: MOTION CARRIED. 3. Chair Schlawin opened the public hearing advertised for 7:00 P.M. requested 'by Heritage Development for a discussion of Nelsen Hills Farm 3rd Addition preliminary plat. Mr. Schlawin asked members of the Commission their opinion as to the need for him to step down as chair during a discussion of requests from Heritage Development given the history of his earlier easement problems with that company. The consensus of the Commission members was that the Chair would be in the best position to evaluate his motives regarding this plat. The hearing resumed and the Chair continued to conduct the meeting. City Planner Tooker reviewed the preliminary plat of Nelsen Hills Farm 3rd Addition with 48 single family lots and a townhome lot at the main entrance to the plat on 24 acres of land in the NE 1/4 of the SE 1/4 of Section 14. The concerns of staff focus on steep slopes adjoining Pilot Knob Road and the substantial loss of tree cover on the slope. Staff suggested the possible use of retaining walls as a way to protect the maximum amount of tree cover depending on the quality of trees at risk. The staff recommendation also outlined the need to replace white pine trees proposed at the two street entrances with hardwood species. The City is also anxious to have the parkland required for this plat to be dedicated with it. City Planner Tooker also indicated that the Soil an~ Water Conservation District recommended that'the City engage a hydrologist to map the ponding area adjoining pilot Knob Road prior to. construction of the plat since a wetland environment may be created by development taking place in this and adjoining subdivisions. There is a potential for the City to claim credit for wetland creation which may be beneficial in later building projects: The staff needs a definition of the townhome site which shows a generalized footprint and number of units. John Dobbs of Heritage Development indicated that he would have the property staked for the purpose of identifying the tree cover that will be removed. This would allow the City staff to evaluate the quality of trees that could be lost due to development. The staff recommendation is to approve the preliminary plat subject to comments from staff and the Soil and Water Conservation District. The following comments were heard: Planning Minutes - 8/9/94 - Page 2 Russell Rahn - 18775 Pilot Knob Road: The trees that you are concerned about are first term value. I would like want to see apartment elimination of the south access growth and likely to be of little long outlot use to be identified and do not construction. I would like to suggest road to this plat. 4. Chair Schlawin opened the public hearing scheduled for 7:20 P.M. regarding the preliminary plat of South Suburban Medical Center. The hearing was continued until later in the meeting. 5. Nelsen Hills Far.m 3rd hearing continued: Emily Rahn - 18775 Pilot Knob Road: It is my understanding that the gas company does not want the road access immediately south of our house. Chair Schlawin: The gas company apparently has not notified the City officially as to this opposition. John Dobbs: I will add the 3 acre park and provide access to get to it and will eliminate any grading within that land area. Turning lanes may not be necessary for the second access to the site. Possibly the City Engineer could reevaluate his recommendation. We will also be changing the buffer planting adjoining Pilot Knob Road. We plan to build townhomes on the lot marked outlot. (-') ,~~/ Steve Strachan: I would like the townhome lot to indicate 4 units. If additional units are contemplated, then the PUD would need to be amended. Gary Cameron - 18437 Pilot Knob Road: I am interested in site grading since much of the property slopes in my direction. Planner Tooker: The road which will provide access to your property is being revised by the City Engineer to drain to the south rather than to the north. ~ MOTION by Thelen, second by Strachan to close the hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Gramentz to approve the preliminary plat of Nelsen Hills Farm 3rd Addition subject to a maximum of 4 townhome units, an evaluation of tree cover to determine if retaining walls need to be added, the dedication of a three acre park, changing street trees as indicated in the agenda report and a determination by the City Engineer as to the need for a turn lane adjoining the southernmost access to the plat. VOTING IN FAVOR: Gramentz, Har.melink, Strachan, Thelen. OPPOSED: None. ABSTAIN: Schlawin. MOTION CARRIED. 6. Chair Schlawin opened the public hearing advertised for 7:50 P.M. regarding a requested Conditional Use for South Suburban Terrace. The!' I hearing was continued until later in the meeting. ~ o c o Planning Minutes - 8/9/94 - Page 3 7. The hearing on the preliminary plat for South Suburban First Addition was reopened. City Planner Tooker provided background for discussion on the plat. The site contains 8.5 acres on one lot. Street dedication has been identified for County Road 72, but not for the extension of Elm Street which will blend into Ninth Street. Street trees have not been indicated. The City Code requires that 2" caliper trees shall be planted 40 feet on center. Dennis Zylla from Northco Real Estate Services representing the hospital said that while they had no objection to dedicating the street they would not like to plant trees in the boulevard adjoining the existing hospital. Chair Schlawin: Will the congregate care facility be expandable? Robert Johnson - South Suburban Medical Center: Yes, the building can be expanded and we believe that the proposed building will be large enough for the next 10 years. Planner Tooker: The Planning Commission would be interested in reviewing the future plans of the hospital since the direction now contemplated does not reflect the layout that is currently illustrated in the PUD. MOTION by Schlawin, second by Thelen to close the public hearing. APIF, MOTION CARRIED. MOTION by Harmel ink , second by Thelen to approve the preliminary plat of South Suburban First Addition subject to the addition of boulevard trees in the public right of way in front of the congregate care facility, but not the hospital, and the addition of a street dedication for the future extension of Elm ,to Ninth Street and commentary from the City Engineer and the Soil and Water Conservation District. APIF, MOTION CARRIED. 8. Chair Schlawin opened the second public hearing scheduled for 7:50 P.M. regarding the variance requested by Jeff Thelen for a building setback adjustment. The hearing was continued until later in the evening. 9. Chair Schlawin reopened the bearing on the Conditional Use request for South Suburban Terrace. City Planner Tooker presented the site plan for the requested congregate care facility noting two additional entrances onto County Road 72. It is the recommendation of staff that either one of these should be eliminated or revised to be developed in combination with one of the access roads to the nursing home. The major question raised by this request is how low the garage floor level can be placed. The plan shows an elevation of 896.5. The problem is that this is also the high water level (Regulatory Flood Protection Elevation) of the ponding areas designed to handle storm water runoff in the East Farmington PUD. According to the City Flood Plain Management Ordinance, the lowest floor level of any structure must be at least one foot above the Regulatory Flood Protection Elevation (RFPE). Additional hydrologic evaluation may be necessary to establish the RFPE. Other aspects of the site plan discussed by the City Planner involve tree species that are recommended to be changed. One includes the possible substitution of Summit Ash or Pin Planning Minutes - 8/9/94 - Page 4 Oak for the Marshalls Ash; and Snowdrift Flowering Crab for the spring{----, Snow Crab. The staff recommendation is for approval of the '"'. jl conditional use subject to the City Engineer's establishing, to his satisfaction, the RFPE which will determine the groundfloor elevation of the congregate care facility. Dennis Zylla made a presentation for the hospital indicating that the recommendations on the planting plan should not be a problem, but that the two access drives are important for ease of access to the congregate care facility. The hospital would rather eliminate one drive access to the nursing home at some time in the future when traffic volumes warrant it. He also said that the recommendation of staff regarding the RFPE is acceptable, but he suggested that the Sienna pond elevation high water mark could be lower. The designers of the building do not believe that it would be prudent to raise the building elevation. Chair Schlawin indicated that he believes too many driveways are a detriment to good traffic circulation. Member Strachan said that he understands that the landscape plan suggestions are a minor consideration. Dennis Zylla said that suggested changes in the landscape plan are not worthy of argument. Chair Schlawin proposed that there are three areas to be discussed, including access, drainage and landscaping. All three were covered in a systematic fashion. MOTION by Schlawin, second by Gramentz to close ,the public hearing. APIF, MOTION CARRIED. Member Strachan said that he planned to abstain from the vote based upon his employment in Lakeville and the hospital administrator's position as a Lakeville councilmember. ("~ MOTION by Harmel ink , second by Thelen to approve the requested ) congregate care facility conditional use subject to the elimination of -_/ the easternmost driveway access to the nursing home, substitution of trees in the site plan as recommended by the City Forester and establishment of the Regulatory Flood Protection Elevation by the City Engineer in order that, the groundfloor elevation of this new facility may be set at one foot above that benchmark. VOTING FOR: Schlawin, Thelen, Har.melink. OPPOSED: Gramentz. ABSTAIN: Strachan. MOTION CARRIED. 10. Diane and Ronald Valek asked the Commission if the storage shed on Flagstaff Avenue which was approved through the conditional use process during the special March meeting could be increased in length by eight feet. The action in March specified a 44' x 64' building whereas the Valek's have submitted a permit application for a 44' x 72' building. The brief discussion suggested that no one on the Commission objected to the additional eight feet. MOTION by Gramentz, second by Harmelink to expand the Valek conditional use permit by eight feet in length. APIF, MOTION CARRIED. 11. Chair Schlawin reopened the public hearing on a request from Jeff and Sandy Thelen for a variance to the setback requirements in the Industrial Park. City Planner Tooker presented the variance request for the addition to the woodshop in the Farmington Industrial Park which will extend into the rear yard by an average of 18 inches. The problem with existing footings was discovered when the site plan was (. i prepared for financing. The City Code requires landscaping in the I-1~/ District and this building addition has suggested the need for o c o Planning Minutes - 8/9/94 - Page 5 additional tree planting south of the parking lot. It was the consensus of members that the encroachment into the rear yard was unintentional and likely will have little effect on the environment. MOTION by Strachan, second by Harmelink to close the public hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Harmelink to approve the variance subject to the addition of four shade trees to the site plan south of the parking lot. APIF, MOTION CARRIED. 12. Chair Schlawin suggested that the discussion of by-laws be deferred. City Planner Tooker indicated that the City Administrator is anxious for a decision on this issue. It was the consensus of the members that staff should bring the discussion to a close. 13. The meeting was adjourned at 9:30 P.M.. {JiUbmitt.ed by, /! //"' IJ.~ 4A/v":"'" . Charles Tooker City Planner Approved .<4 o o [) MINUTES PLANNING COMMISSION REGULAR SEPTEMBER 13, 1994 1. The meeting was called to order at 8:00 P.M. by Chair Schlawin. Members Present: Gramentz, Harmel ink , Schlawin, Thelen. Members Absent: Strachan. Also Present: City Planner Tooker. 2. Chair Schlawin asked for comments on the minutes of August 9, 1994. MOTION by Harmel ink , second by Thelen to approve the minutes of August 9, 1994 as distributed. APIF, MOTION CARRIED. 3. The Chair opened a public hearing advertised for 8:00 P.M. as requested by Evelyn Cummings to reduce the side yard setback in an A-1 Agricultural District from 20 feet to 2 feet and 1.25 feet respectively for property on the south side of County Road 50 in Section 35. The requested variance is needed to avoid an existing metal quonset building which stands in the way of a proposed lot line. Gil Anderson from Edina Realty, who represents ,Ms. Cummings, said that the property was in joint ownership for many years and the two housing units are now being divided. The original lot line proposed was to have equally divided the space between the metal quonset and the adjoining building foundation which are approximately 3 feet apart. A mistake in the survey required the strange configuration of the lot line. Chair Schlawin said that he had no problem with the request, but was cautious about setting a precedent. The adjoining neighbor to the west said that he has no plans to put a building on the existing foundation shown on the drawing. MOTION by Thelen, second by . Harmelink to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Schlawin to approve the requested variance based upon: a. circumstance unique to the property; b. hardship is not the result of actions of persons having an interest in the property; c. variance observes the spirit and intent of the ordinance; d. it is not contrary to public interest. APIF, MOTION CARRIED. 4. City Planner Tooker presented the revised lot layout proposed for Nelsen Hills Farm 3rd Addition which was made necessary by Mapco Gas Company when they finally responded to the development proposal and refused to allow the developer access to the gas company easement. The City Council approved the revised lot and block layout subject to a recommendation from the Planning Commission that a variance to the length of the cul-de-sac, from 500 feet to 700 feet, can be justified. MOTION by Thelen, second by Harmelink to forward a recommendation to the City Council that a 200 foot variance for.the proposed cul-de-sac length should be approved since: a. there are special circumstances which would deny the applicant reasonable use of the land; Planning Minutes - 9/13/94 - Page 2 b. that granting a variance would not be detrimental to public health, safety and welfare; and c. the variance is to correct inequities resulting from extreme physical hardship. VOTING FOR: Har.melink, Thelen, Gramentz. OPPOSED: None. ABSTAIN: Schlawin. MOTION CARRIED. 5. Chair Schlawin opened the public hearing advertised for 8:15 P.M. as requested by Bible Baptist Church for a variance to the setback regulations for signs along County Road 31. The ordinance requires that all structures maintain a setback of 50 feet from the highway right of way. The church parking lot is closer than 50 feet and they would like to place the sign between the parking lot and the County Road. Chair Schlawin asked about lighting for the proposed sign and indicated a concern about light shining onto the public right of way. Members Gramentz and Thelen were interested in the size of the sign. Richard Ozment said that light would not be a problem because the sign is lower than the road surface and he also said that the size is smaller than permitted by ordinance. MOTION by Harmelink, second by Gramentz to close the public hearing. APIF, MOTION CARRIED. MOTION by Harmel ink , second by Gramentz to approve the variance to the setback requirements of the zoning ordinance because of special conditions on the lot which required building the church and associated parking lot in the northwest corner close to the public right of way. The sign will be placed 50 feet from the centerline of .... the road rather than 50 feet from the right of way line. APIF, MOTIONc-J. CARRIED .'-~ 6. The City Planner introduced an informal request from Harris Thompson to build a 40 x 46 or 1840 square foot garage to store two milk trucks at 21612 Chippendale Avenue in Farmington. The maximum size for an accessory storage building is 1000 square feet and the Commission has not, in the past, granted any variances to this section of the Code. The lot is large but it potentially will have adjoining lots in the proposed East Farmington neighborhood that are relatively small. Following a general discussion by the Commission, it was the consensus that a 1000 square foot building likely would be approved through the conditional use process but that anything larger would not be approved. 7. City Planner Tooker introduced an informal discussion of a variance request from Performance Industrial Coatings, Inc. (PIC) to build a driveway which is forty feet wide at the curb on Edmonton Avenue. The request would have had a hearing advertised but the application was misplaced. In order for the curb breaking to be authorized, the staff needs to know that when a public hearing is advertised, the Commission would grant a variance. The justification for a wider than 32 foot width involves the products being painted, which are light poles manufactured by Lexington Standard. As a clarification, Lexington Standard was granted a similar variance when it was developed. If the Commission agrees informally that a 40 foot opening is acceptable, the hearing will be scheduled during the regular October meeting. \ ) '--../ o c o Planning Minutes - 9/13/94 - Page 3 City Planner Tooker said that the site plan submitted with the request is inadequate both because there was no legend and there were not enough trees included. The City will be looking for additional street trees as well as large scale plant material on site similar to the plantings provided by Lexington Standard. Jack Matasosky from Appro Development, Inc., representing Semling Development, Inc., indicated that he was surprised about the request for additional plant materials, but the real issue is the ability of the company to have the wider driveway opening. Chair Schlawin said that he did not have a problem granting a variance for the wider opening onto Edmonton Avenue but would be looking for a better planting plan as a part of the trade off. Wally Sapp, partner for PIC said that he would like to help assure that the industrial park looks good, and would agree to increase the plantings. It was the consensus of the Commission that there will be no for the variance provided that the planting plan is revised. Matasosky asked to borrow the staff recommendations in order resubmit the application. problem Jack to 8. It was agreed by the Commission that proposed ordinance changes for 1) On Site Sewage Treatment Systems and 2) Surety Requirement for Conditional Uses, Landscaping and Off Street Parking should be held over until the next regular meeting. 9. Member Harmelink was excused at 9:00 P.M.. 10. Chair Schlawin asked for an update at the next meeting on: a. James Pluntz Conditional Use, b. Marlene Halstead - rental storage, c. Height of the proposed addition to the high school, d. God's Country Nursery - sale of jackets. 11. There being no further business, the Commission adjourned at 9:05 P.M.. Submitted by, Charles Tooker City Planner Approved o c [] MINUTES PLANNING COMMISSION REGULAR OCTOBER 11, 1994 1. The meeting was called to order at 7:00 P.M. by Chair Schlawin. Members Present: Gramentz, Harmel ink , Schlawin, Thelen. Members Absent: Strachan (arrived at 8:00 P.M.) Also Present: City Planner Tooker. 2. Chair Schlawin indicated that he did not receive a complete set of minutes for the September meeting. Other members had the same problem. By consensus, it was agreed that the minutes would be considered at a later meeting. 3. Chair Schlawin opened the hearing advertised for 7:00 P.M. as requested by Performance Industrial Coatings for a variance to create a 40 foot wide curb cut on the west side of Edmonton Avenue in Farmington Industrial Park. The issue was discussed during the regular September meeting and given a preliminary approval subject to holding a public hearing. There were no citizen comments. MOTION by Thelen, second by Harmelink to close the public hearing. APIF, MOTION CARRIED. MOTION by Harmel ink , second by Thelen to approve a variance allowing Performance Industrial Coatings to construct a 40 foot wide loading dock access which is 8 feet wider than the ordinance allows subject to implementation of the revised landscape plan. A single opening would be preferable to two side by side openings built very close together. APIF, MOTION CARRIED. 4. Chair Schlawin opened the public hearing advertised for 7:10 P.M. as requested by Ericksons Diversified Corporation for a sign size variance for the new store being built within Farmington City Center. A 75 square foot sign would be possible whereas Ericksons would like to include 402 square feet of signs on the building. The relative size of the proposed signs will be established at 4.6% of the building surface on the east side and 2.7% of the building surface on the south side. As pointed out in an earlier discussion, the existing City sign code needs to be revised as it addresses shopping centers since the scale of contemporary buildings is considerably larger than the ordinance was designed for. MOTION by Harmelink, second by Gramentz to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Thelen to grant the requested variance based upon anticipated amendment to the sign ordinance which will be recommended before the end of the year. APIF, MOTION CARRIED. 5. Chair Schlawin opened the public hearing advertised for 7:20 P.M. requested by Independent School District 192 for a variance to build a loft area within the auditorium for light systems over the stage area. The building height will be 65 feet rather than 45 feet in this area. Fire Chief Kuchera raised questions about fire ratings and the potential for increases to local insurance rates. He also stressed that building heights were established in Farmington based upon the fire fighting capability of the Department. Fire Marshal Palm outlined to the City Planner three conditions under which a variance Planning Minutes - 10/11/94 - Page 2 could be considered by the Commission. Chair Schlawin said that he had a problem with the variance request inasmuch as the School District was given notice in May that a variance would be required, but waited until the contract was let before filing for one. He was also curious about response time from Lakeville, since a building of this height would require equipment not available in Farmington. Chief Kuchera estimated that it would take 20 to 30 minutes for a response from the Lakeville equipment. Mike Schwanke, representing the School District, said that the District would not have a problem complying with the recommendation of the Fire Marshal. MOTION by Gramentz, second by Harmelink to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Harmelink to approve the variance requested by the School District subject to the installation of permanent ladders from lower roof levels to the highest level, the installation of standpipes which the Fire Department can use to pump water to upper levels of the building, and flame retardant treatment for all levels above the level of 45 feet. VOTING IN FAVOR: Gramentz, Har.melink. OPPOSED: Schlawin, Thelen. ABSTAIN: None. MOTION FAILED. Chair Schlawin stated that since Member Strachan planned to join the meeting later, it would be possible to wait until that time to see if another vote would be considered. 6. Chair Schlawin opened the public hearing advertised for 7:30 P.M. as requested by Sienna Corporation to consider an amendment to the East Farmington PUD relating to a reduction in the number of single and multiple family housing units and an increase in the amount of open space which will be devoted to wetlands. The changes resulted from requirements of State and Federal agencies which reviewed the proposal following preliminary approval granted by City Council. The PUD was originally approved by the Planning Commission in August, 1993. City Planner Tooker reviewed changes in the proposal since that time. The Planner also outlined the conditions of approval granted by the Commission when the PUD was recommended to the City Council on August 31, 1993. Currently all permits are either in place or will be by the end of October, 1994. (~ '-,,_.../. Comments: Jim Thomas, 901 lOth Street: I am concerned about the amount of traffic that will be generated by the housing. I am also interested in knowing if the housing will be rental or owner occupied. Also, what is the status of the waterway? Planner Tooker: The permits are in place and construction is scheduled to begin in mid-November. Dick Krier, James R. Hill Office: An environmental assessment worksheet has been prepared for the PUD. No State agency has indicated any problem with negative impacts on the adjoining street system. Because of this, the City Council issued a negative declaration on the PUD. All of the units will be owner occupied and are to marketed at more than $100,000 each. () The development is intended as a mirror image of the original Town of '----~ Planning Minutes - 10/11/94 - Page 3 o Farmington. space. It also includes a substantial amount of public open Bill Fitch, 5816 Upper 183rd Street: Do you have a letter from the Corps of Engineers approving the PUD? Planner Tooker: No, but we have had an informal response from the chief reviewer at the Corps with the information will have a permit by the 15th of October and the have its permit by the 30th of October. that the waterway neighborhood will Joy Eldred, 813 10th Street: If the neighborhood will be filled by three feet, what will happen to the water in Henderson Addition? Planner Tooker: Housing sites will be raised but the streets will continue to drain toward the waterway either in culverts or above ground within street rights of way. Joy Eldred: What will be built right behind 10th Street? will it be a pond? Dick Krier: No, it will include a culvert to carry water to the waterway. But, the drainage way will also have a depression to carry water overground in case the culvert fails. o Bob Nerud, 1001 Ash Street: If this proposal is to be a mirror image of downtown, where does the downtown have all of those townhouses? Planner Tooker: The older part of Farmington has a number of mixed uses including apartments and townhouses, as well as single family dwellings. Bob Nerud: With of of these houses and townhouses built in a relatively small area, how is it possible to drain the area? Member Schlawin: The water will run off the rooftops and grass or sod areas into the street drainage system. Roger Wood, 816 Maple Street: The blocks in the neighborhood have 16 housing units. I have checked them against the lot sizes in Countryview trailer park and some of the trailer court lots are larger than these in the proposed neighborhood. Why is the hospital always included in the PUD when it is actually not part of Sienna? Planner Tooker: ~ Roger Wood, It is included because the Developer has control of the land and the hospital has an option on it. What are the changes proposed in this amendment? Planning Minutes - 10/11/94 - Page 4 Planner Tooker: A reduction in numbers of both single family dwellings and townhouse units. Joy Eldred: I do not understand the drainage system since the new neighborhood will be designed three feet higher than the Henderson Addition. Dick Krier: I will be happy to sit down with this property owner to explain the drainage plan. Member Gramentz: The issue before us tonight relates to land use and a reduction in the amount of housing units. Drainage issues have not changed within the proposal. We were satisfied that they will work when the proposal was previously approved. Henry Iwerks, 1105 Sunnyside Drive: I am not happy about public hearings. We have been told by highly educated people that the water table is at a certain elevation but local farmers have pointed out that post holes in the ground indicated that the water table is much higher. I think people are sick and tired of this misinformation. That's all I have to say. (Applause) MOTION by Thelen, second by Harmelink tO,close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Harmelink to approve the changes in the PUD as outlined in the Agenda Report. (~) APIF, MOTION CARRIED. \..j 7. Member Strachan joined the Commission at 8:00 P.M.. 8. Chair Schlawin opened the public hearing advertised for 7;30 P.M. to discuss the preliminary plat of Phase I of the East Farmington PUD. City Planner Tooker said that the plat had to be discussed again because the original did not go forward in a timely fashion and the Developer decided to make some changes in the plat design. The City Planner also outlined conditions for approval from the minutes of August 31, 1993 and read recommendations made by the City Engineer to be attached as conditions of approval by the Commission as follows: a. Submission of preliminary cost estimates. b. All wetland activity to be implemented in accordance with MPCA and COE permits. c. Trunk utility systems to be installed in accordance with various adopted City plans. d. Access to Trunk Highways 3 and 50 to be installed as required by MnDOT permits. e. Ponding easements adjacent to the hospital care facility must be granted to the City as a part of this plat. f. The extension of Eleventh Street to Maple Street. g. Completion of the trunk sanitary sewer to the Henderson lift station. h. Extension of sanitary sewer stubs to service properties along the east service road of Trunk Highway 3. /----~"\ ! I \~ o o o Planning Minutes - 10/11/94 - Page 5 i. A street lighting plan must be submitted for review and approval using the decorative lighting standards adopted by the City. City Planner Tooker also indicated that a problem exists with the setbacks listed in the PUD. Namely, the developer plans to build housing on corner lots with 10 foot setbacks on the end of blocks. This will create a problem with utility easements which are also 10 feet in width and electrical lines are customarily installed at 9 feet from the lot line. Another problem is aesthetics within blocks which will include a 10 foot differential between the housing setback lines for those blocks with six lots facing a public street. The Planning Commission has developed an ordinance which allows a 5 foot differential except that garages must be 20 feet back to accommodate parking in front of the garage off the right of way. The staff recommends that the developer prepare a setback plan for the entire PUD that can be implemented initially with this plat. The original preliminary plat was forwarded to the City Council with conditions of approval which to date have not been met as follows: a. b. The extension of Eleventh Street to Maple Street. The approval by MnDOT of access points from Highway 3 at Larch and Spruce Streets. The revision of the planting plan to allow more diversity of tree species in each of the streets. The addition of 10 foot wide rights of way to the outlots in Block 4 thru 11. The creation of a pedestrian link between Phase I and the prairie Waterway. c. d. e. Planner Tooker also suggested that the outlots created by the required stacking space at Spruce Street should be dedicated to the City rather than to MnDOT so that the Developer could utilize the space for entry tree planting. During the time set aside for public comment, questions were raised about extension of sanitary sewer and the policy of approving plats in phases rather than the entire PUD at one time. MOTION by Thelen, second by Gramentz to close the public hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Gramentz to forward the plat to the City Council with a recommendation that it shall be approved subject to recommendations from the City Engineer and City Planner. APIF, MOTION CARRIED. 9. Chair Schlawin opened the public hearing advertised for 8:00 P.M. requested by Scott and Sandra Quill, 18254 Emerald Trail to extend a deck 6 feet into a front yard. The problem was created when the developer/builder sold a house with a patio door opening into a front yard. The buyer would now like to link this patio door with a deck in the rear yard. A previous variance has been granted for a similar problem in Dakota County Estates. The recommendation is that a variance be granted subject to the owner developing and implementing a landscape plan in front of the walkway which has been approved by the City Planner. Member Gramentz questioned the type of shrubbery that will mask this deck as it appears to be relatively high off the ground. MOTION by Harmel ink , second by Gramentz to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Thelen Planning Minutes - 10/11/94 - Page 6 to approve the proposed 6 foot front yard variance subject to the homeowner developing a planting plan and implementing it after it has been approved by the City Planner. APIF, MOTION CARRIED. 10. MOTION by Schlawin, second by Thelen to reconsider the height variance requested by the School District. APIF, MOTION CARRIED. An effort was made to recreate the testimony previously presented to bring Member Strachan to a level of understanding comparable with other members. MOTION by Harmelink, second by Gramentz to approve the requested variance subject to recommendations listed previously made by the Fire Marshal. VOTING IN FAVOR: Strachan, Gramentz, Har.melink. OPPOSED: Schlawin, Thelen. MOTION CARRIED. (~) \ , 11. The Commission agreed to meet again on October 25, 1994 to discuss a variance requested by Harris Thompson and to catch up on ordinance amendments that have been delayed because of agenda loads. 12. There being no additional business, the Commission agreed to adjourn at 9:30 P.M.. Submitted by, Charles Tooker City Planner Approved October 25, 1994 o As amended: Paragraph #10 - Included as a condition of variance approval is the exclusion of students in building area above 45 feet. u o o o MINUTES PLANNING COMMISSION SPECIAL OCTOBER 25, 1994 1. The meeting was called to order at 7:05 P.M. by Chair Schlawin. Members Present: Gramentz, Harmel ink, Schlawin, Strachan. Members Absent: Thelen. Also Present: City Planner Tooker. 2. The Chair asked, for comments on the minutes of September 13, 1994. MOTION by Harmel ink, second by Gramentz to approve the minutes of September 13, 1994. APIF, MOTION CARRIED. The Chair then asked for comments on the minutes of October 11, 1994. Member Strachan said that Item #10 needs to be amended to indicate that the conditions of variance approval included a provision which excludes students from the building area above 45 feet. MOTION by Harmel ink , second by Strachan to approve the minutes of October 11, 1994 as amended. APIF, MOTION CARRIED. 3. Chair Schlawin opened the special meeting with a preliminary discussion of the request by Harris and Carolee Thompson to build a 1000 square foot storage garage on their property at 21612 Chippendale Avenue. City Planner Tooker said that because the adjoining property owners were not notified in the proper time, a decision would need to be held over until November 8, 1994. He also said that while the ordinance allows conditional use approval for accessory buildings up to 1000 square feet, a building of that size is the only accessory building permitted on a lot. In essence, the existing garage on the Thompson property would need to be removed if the new garage is to be permitted. Member Schlawin said that based upon past experience with large accessory buildings, it is not possible for the Commission to grant a conditional use for this building unless the existing garage is removed. Member Harmelink agreed. It was the consensus of Commission members present that approval of the larger building would require removal of the existing garage plus the old buildings that are identified as being removed. The public hearing on this issue will be held at 8:00 P.M. on November 8, 1994. 4. City Planner Tooker presented an informal request from Bridgeport, Inc. for rezoning the site north of Farmington City Center from B-3 Heavy Business to R-3 PUD. A planned unit development will be submitted together with a preliminary plat for this five acre site. Mike Mularoni, architect for Bridgeport, Inc., presented a site layout and indicated that the PCA is in the process of evaluating existing information and will teli the developer what needs to be done by mid- March, 1995. The developer plans to be in control of the entire site by the end of November, 1994. The housing rental will be market rate but because the Twin Cities housing costs are higher, all of the units to be built on this property will be categorized as low to moderate cost housing. Section 8 housing would be possible. Currently an annual income of $25,000 for a family of four would qualify it for a housing subsidy. There were questions about access to the site and traffic implications for County ~ighway 50 plus on site parking and the flood plain. John Briscoe for Bridgeport, Inc., said that the site survey currently being completed will answer most of the questions about this property and locate the actual river channel. Public hearings for rezoning, a PUD and a preliminary plat are tentatively scheduled for the December meeting. 5. City Planner Tooker outlined a request from Jim Maxa for consideration of an auction center and office. He specifically wanted to know which district would be acceptable for this use. It was the consensus of members that the B-1 Limited Business District would be most appropriate for this type of use. 6. City Planner Tooker briefly explained the draft ordinance dealing with on site individual sewage treatment systems. MOTION by Strachan, second by Gramentz to forward a recommendation to the City Council approving the ordinance as drafted but raising a question about the need for the regulatin of on site septic systems serving commercial and industrial sites since currently there are none and the City is not likely to encourage their creation. APIF, MOTION CARRIED. 7. City Planner Tooker said that the three sections of the code which do not address surety, but would benefit from such a requirement, include conditional uses, landscaping and off street parking. City Administrator Thompson has drafted language to take care of this oversight. MOTION by Gramentz, second by Harmelink to forward the three proposed amendments to the City Council recommending their approval. APIF, MOTION CARRIED. 8. City Planner Tooker presented the City Administrator's memorandum regarding hearing notification for variances, giving the background of where we are and where we ought to be. MOTION by Gramentz, second by Strachan to forward the proposed amendment to the City Council recommending its approval. APIF, MOTION CARRIED. 9. City Planner Tooker said that the language developed in the agenda (). report which would allow James Pluntz to keep a building addition that - he constructed without a building permit and in violation of a conditional use application approved by the Planning Commission met with no support on the City Staff Development Committee. The staff suggested that this language would likely open two areas of the City to a series of potential nonconforming uses that will become problems when these areas have been extended sewer and water service. Member Strachan asked if the City has ever required building of this size to be removed. City Planner Tooker did not come up with such an example in Farmington. MOTION by Gramentz, second by Harmelink to forward a recommendation to the City Council in support of the potential ordinance amendment designed to accommodate large accessory structures outside of MUSA limits outlined in the agenda report for October 25, 1994. VOTING FOR: Gramentz, Har.melink, Strachan. OPPOSED: Schlawin. MOTION CARRIED. 10. The Commission was advised that, because of the election, the November meeting would start at 8:00 P.M.. 11. There being no further business, the meeting was adjourned at 9:00 P.M.. Submitted by, Charles Tooker City Planner ( ) '--- Approved o o [] PLANNING COMMISSION RESOLUTION NO. R2-94 PROPOSED SOILS CONDITIONS DISTRICT NO. 1 Pursuant to due call and notice thereof, a regular meeting of the Planning Commission of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 8th day of November, 1994 at 8:00P.M.. Members Present: Members Absent: Schlawin, Gramentz, Harmelink, Thelen. Strachan. Member Harmelink introduced and Member Thelen seconded the following: WHEREAS, the Tax Increment Financing Plan and associated Project Program of the City of Farmington, Minnesota for the establishment of Soils Conditions District No. 1 has been submitted to the City Planning Commission pursuant to Minnesota Statutes, Section 469.027; and WHEREAS, the Farmington Planning Commission has reviewed said Project Program to determine conformity of said Plan and Project Program to the general plan for the development or redevelopment of the City as a whole. NOW THEREFORE, BE IT RESOLVED that after due review, the Farmington Planning Commission finds that the Plan and Project Program for Soils Conditions District No. 1 conforms to the general plan for the develop- ment of the City as a whole. This resolution adopted by recorded vote of the Farmington Planning Commission on the 8th day of November, 1994. Attested to the td Zt. day of (Jtttiu(/)~~ City Planner o c [] MINUTES PLANNING COMMISSION REGULAR NOVEMBER 8, 1994 1. The meeting was called to order at 8:00 P.M. by Chair Schlawin. Members Present: Gramentz, Harmel ink , Schlawin, Thelen. Members Absent: Strachan. Also Present: City Planner Tooker. 2. Chair Schlawin asked for comments on the minutes of October 25, 1994. MOTION by Gramentz, second by Harmelink to approve the minutes of October 25th as distributed. APIF, MOTION CARRIED. 3. Chair Schlawin opened a public hearing that was requested by Harris and Carolee Thompson for a conditional use to build a 1000 square foot garage to store milk trucks at 21612 Chippendale, north of the Budget Mart. Mr. Thompson made a presentation appealing to the Commission to vary existing ordinance requirements which would result in the elimination of an existing 500 square foot garage if the 1000 square foot space were to be approved. The Commission members present indicated that they have not granted any variances since the ordinance was amended to allow oversized garages in the R-1 and R-2 Districts. They believe that if the Council had intended larger structures in these districts, the ordinance would have been designed to accommodate them. There was some discussion of a recommendation before the City Council to relax this standard in the R-1 areas, that are not served by public sewer. Mr. and Mrs. Thompson were encouraged to attend the City Council meeting on November 21st when this will be taken up. MOTION by Harmelink, second by Gramentz to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Harmelink to deny the request for the 1000 square foot garage based on the existing garage already on the property. APIF, MOTION CARRIED. 4. The Commission then responded to a request from Susan Poi rot to consider rezoning the lot immediately north of the Budget Mart on Highway 3 from R-1 Low Density to B-1 Limited Business in order to build a veterinary clinic. City Planner Tooker said that the 1990 draft Comprehensive Plan shows a business use at this site. The background is that the Comprehensive Plan anticipated an expansion of the Budget Mart use as one integrated development, which would limit driveways and simplify parking. On the other hand, a plan could be developed jointly or with input from two separate landowners that possibly could achieve a layout that would work. In essence, the Commissioners agreed individually that a'veterinary clinic should not be a problem at this site. 5. The City Planner presented a definition of mineral extraction to be put into the zoning ordinance that would simplify application procedures for relatively small excavations of mineral deposits. MOTION by Gramentz, second by Schlawin to forward the recommended definition of Mineral Extraction to the City Council as a proposed replacement for the existing definition in order to reduce the number Planning Minutes - 11/8/94 - Page 2 of excavation sites that would be required to follow the conditional use process. APIF, MOTION CARRIED. 6. The City Planner presented the resolution drafted by staff which indicates the Planning Commission endorsement of the land use which is proposed within the Proposed Soil Conditions District No.1. MOTION by Harmelink, second by Thelen to approve the attached resolution regarding the development of East Farmington PUD within Soils Conditions District No.1. APIF, MOTION CARRIED. 7. There being no further business, the Commission agreed to adjourn at 9:00 P.M.. cI:1itlf ~~ Charles Tooker City Planner Approved () -./ (. , U o o o MINUTES PLANNING COMMISSION REGULAR DECEMBER 13, 1994 1. The meeting was called to order at 7:00 P.M. by Chair Schlawin. Members Present: Gramentz, Harmel ink, SChlawin, Strachan, Thelen. Members Absent: None. Also Present: City Planner Tooker. 2. Chair Schlawin asked for comments on the minutes of November 8, 1994 as distributed. MOTION by Thelen, second by Gramentz to approve the minutes of November 8, 1994 as distributed. VOTING FOR: Gramentz, Har.melink, Schlawin, Thelen. ABSTAIN: Strachan. MOTION CARRIED. 3. Chair Schlawin opened the public hearing requested by Roger and Diane Randall who wish to convert 413 Elm Street from a single family dwelling with four sleeping rooms to rent, to a duplex with four sleeping units to rent. At a previous meeting, the contract holder of the property, Robert Alich, was granted permission to convert an existing duplex into a single family dwelling with sleeping rooms. This request would bring back the second unit by converting the basement area to a second rental. In essence, the apartment was created by the contract holder but could not be recognized as a separate unit since egress windows were not installed in the bedrooms. MOTION by Thelen, second by Gramentz to close the public hearing. APIF, MOTION CARRIED. MOTION by Gramentz, second by Strachan to approve the requested duplex with 4 sleeping rooms at 413 Elm Street subject to the applicants' ability to meet all requirements of the building code and implementation of a parking lot screening plan, which may be approved by the City Planner when submitted. APIF, MOTION CARRIED. 4. The Commission then discussed the request from James Maxa to add auction houses as a Conditional Use in both the B-1 and B-2 Business Districts. The Commission agreed with staff that the B-2 Business District should be eliminated from this request since there can be no assurance that adequate off-street parking will be available to serve the auctions scheduled. Otherwise, there was general agreement that an auction service would be compatible with a shopping center environment. Mr. Maxa indicated that he had been communicating with Paster Enterprises in an effort to secure space for weekly auctions. His initial start up will test the market to see i~ there is local support for this type of sale. MOTION by Harmel ink , second by Gramentz to recommend that the City Council add auction houses to the conditional use portion of the B-1 Business District. APIF, MOTION CARRIED. 5. Chair Schlawin opened three public hearings dealing with the land area located immediately north of Farmington City Center. The first dealt with a zoning amendment which would rezone this 4.2 acre property from B-3 Heavy Business to R-3 High Density Residential. The second involved the review of a PUD proposal for 96 rental housing units on a plan that has been revised three times since its first . .--. ----..........-......;..- .-~'. ...........---- . .,...'.. ........,.. Planning Minutes - 12/13/94 - Page 2 introduction. Much of the ultimate layout of apartment and townhouse buildings depended upon requirements of the MPCA for clean up of this former dump site. The final hearing focused upon a request to plat the site as a way to clean up a former City dump site. Mike Mularoni, project architect, and John Briscoe, partner in Bridgeport Financial the developer of the proposed project, both made brief presentations and answered questions from the audience and Commission: Chair Schlawin: What will be the elevation of the first habitable floor? Mike Mularoni: 906 feet. Chair Schlawin: You are aware of the City height limit? John Briscoe: Yes. Chair Schlawin: What are the setbacks shown along the railroad? Mike Mularoni: Currently the apartment building to the north is 15 feet, but I anticipate that both this building and the row of, townhouses will be 20 feet from the railroad right of way. Louis Larson (Willis Worldwide - pine Street): Young kids are a problem for me at thi ('\ site. I sustain a great deal of glass breakage in my stored vehicles. ,,) Member Strachan: Actually, the development of this site . '/fill fY\, help that problem since there will be nearby adults who will be monitoring the activity of the children. Louis Larson: I would still request that a fence be placed along the railroad right of way to keep the children from this development separated from my outside parking lot. John Richardson (Elm St.): I am concerned about sewage collection. Will there be an alternate sewer trunk serving this project? John Briscoe: Thus far, there has beep no recommendation to provide an additional line. Chair Schlawin: To what extent will there be housing subsidies to assist residents? John Briscoe: A family of 5 with an income of $40,000 per year would be eligible for housing assistance here. Also, any elderly individual or couple who qualifi ;-.. for Section 8 housing assistance would be able to move into any of tl;l~ units. o o o Planning Minutes - 12/13/94 - Page 3 Member Gramentz: What is the rental rate for the townhouse units and when do you anticipate construction? , John Briscoe: month The townhouses will rent for $700 per and we anticipate start up on April 15, 1995. Chair Schlawin: t~.~ What are staff comments with respect to revised plan? Planner Tooker: The plan has greatly improved over the period of review. However, the engineering drawings have not been submitted as yet for the final revision. The staff, therefore, recommends that action should be held over until the regular January meeting. MOTION by Thelen, second by Harmelink to continue the hearing until January 10, 1995 to give the staff adequate time to review the necessary material. APIF, MOTION CARRIED. ' 6. The Planning Commission then reviewed the memorandum drafted by City Engineer Kaldunski to City Planner Tooker regarding the definition of mineral extraction. The Commission was appreciative of the information about the volume of material involved in mineral extraction since 1985. While the Commission appreciates the need for regulation of mineral extraction, it was the consensus of members that they would only need to be involved in excavation where the end use of land areas would be involved. Therefore, the recommendation would be to define mineral extraction as an activity involving 50,000 cubic yards or more of material which would then set that amount as a threshold where a conditional use hearing would be required. MOTION by Harmel ink , second by Strachan to forward a recommendation to the City Council to define mineral extraction as any movement of earth involving 50,000 cubic yards or more. APIF, MOTION CARRIED. 7. The Commission again took up the issue of the maximum size of accessory buildings. The discussion involved a range of ideas that stressed both consistency and flexibility. MOTION by Schlawin to recommend that the City Council leave the maximum size of accessory buildings at 800 square feet with the ability to atlow buildings of 1000 square feet through the conditional use process. There being no second, the motion died. Member Harmelink indicated that he would like to have the permission of the Commission to work on revised wording that would provide flexibility on building size at the upper limit. He would be ready to report back during the January meeting. The Commission agreed that this would be desirable. Planning Minutes - 12/13/94 - Page 4 8. There being no additional business, the Commission agreed to (~ adjourn at 9:45 P.M.. Submitted by, C"lJ1v 17 ~~ Charles Tooker City Planner Approved Yo Ov? Ci1w~ () ",/ u