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HomeMy WebLinkAbout1998 , . t , ~ PLANNING COMMISSION MINUTES Regular January 13, 1998 1. Chair Schlawin called the meeting to order at 7:00 P.M.. Members Present: Schlawin, Larson, Simones, Rotty Members Absent: Schwing Also Present: Community Development Director Olson, City Engineer Mann Planning Intern Schultz 2. Schlawin asked for comments on the minutes for September 23, 1997. Schlawin pointed out some grammatical and spelling errors that should be corrected before entering the books. Schultz made note of the corrections. MOTION by Larson, second Simones to approve the minutes with noted corrections. APIF, MOTION CARRIED. (Commissioner Rotty abstained from voting because he was not seated on the Commission for said minutes). 3. Schlawin opened the scheduled public hearing for Charleswood concerning P.D.D. Plan amendment and first phase preliminary plat. Olson asked the Commission if a full presentation was necessary due to the staff recommendation of continuing the public hearing to February 10. Schlawin replied that an overview would be fine but would like to discuss some of the issues at this time. Olson complied by giving the Commission a brief presentation of the proposed amendments and first phase preliminary plat by Genstar. Olson pointed out the new road layout that connects the single-family portion of the development to the future County Rd. 31 extension that necessitated the amendment. Olson also alluded to a potential access problem in the commercial area. He continued by stating the County's access guidelines and plans for a one thousand foot (l000') median that will make that access a right in-right out only. Olson stated that Genstar would like a full intersection and needs to be addressed at the County. Schlawin asked ifthe City will have any participation in the location of full intersections. Olson replied that it would be a joint effort based on the spacing guidelines. Schlawin iterated that this is an opportunity for the City to plan this road properly and not done piecemeal. Larson asked Engineer Mann if he has studied this. Mann said that he has not but could put together a possible access management plan and propose it to the County. The Commission, Staff and the developers continued discussion about the issue of accesses along future County Rd. 31. Olson continued the discussion with other issues at hand. Steve Juetten, Genstar developer, wanted to clarify that the new road will contain lots on both sides even though it does not appear on the submittal. I I l Olson moved on to preliminary plat of phase one and identified some of the particulars of the development. The issue of developer set sideyard setbacks which differentiate between garage and house sides were discussed. Schlawin voiced concern over who would control that once the developer has completed the project. Peter Gualtieri, Genstar, replied that the home owner could actually be sued. The developer proposed street width of twenty-eight feet (28') for local roads and thirty- two feet (32') for collectors was brought up by Olson. Olson continued by stating that staff did not feel comfortable lowering the City's street standards to that width. Staff did agree, Olson stated, on having all streets in the development measure thirty-two feet (32'). This would lower the collector width from thirty-six feet (36') to thirty-two feet (32'); which was reasonable for this development. The group went into a long discussion on the implications of narrowing the streets. Olson went into discussing the sidewalk and trail requirements in which the developer has agreed to. Discussion then turned to the issue of constructing the trunk sewer to the proposed development. The Commission questioned some of the developer added amenities but did not voice any strong arguments against the cul-de-sac design. MOTION by Larson to continue the public hearing to February 10, second by Simones. APIF, MOTION CARRIED. 4. Olson gave the Commission an update of the situation of the MUSA application with Metropolitan Council. A brief question and answer period pursued. 5. There being no further business, the meeting was adjourned at 9:00 P.M. Submitted by, Michael Schultz Planning Intern Approved [) tJ [) PLANNING COMMISSION MINUTES Regular February 10, 1998 1. Chair Schlawin called the meeting to order at 8:00 P.M.. Members Present: Schlawin, Larson, Ley, Rotty, Schwing Members Absent: None Also Present: Community Development Director Olson, City Engineer Mann, Planning Intern Schultz 2. Schlawin asked for comments on the minutes for November 12, 1997. MOTION by Larson, Second by Schlawin; YES- Larson, Schlawin, Schwing ABSTAIN- Rotty, Ley; MOTION CARRIED. Schlawin requested comments on December 9, 1997 minutes. MOTION by Schwing, Second by Larson; YES- Larson, Schwing, Schlawin; ABSTAIN- Rotty, Ley; MOTION CARRIED. Comments on January 13, 1998 minutes. Corrections in that Commissioner Schwing was not present at January 13 meeting, also the word "not" should be added in item 3, last paragraph, line 3 after did. MOTION by Rotty, Second by Larson; YES- Rotty, Schlawin, Larson; ABSTAIN- Ley, Schwing. 3. Mr. Olson opened with the continued public hearing from January 13, 1998 for the Charleswood Schematic P.U.D. amendment and preliminary plat approval. Olson introduced a traffic study that was requested to be completed by Dakota County due to access concerns along future C.S.A.H. 31. Olson explained that the County would like to maintain a spacing distance of one thousand (1000') feet from an intersection. Olson briefly discussed issues involving additional right-of-way needs for the C.S.A.H. 31 project and required Environmental Assessment Worksheet. It was explained that the developer will not be allowed to continue beyond the preliminary plat phase of the development. Olson moved on to the issues associated with the first phase of the preliminary plat. The issue of the improvement of 19Sth St. W. was discussed with Dakota County and the developer with the agreement that the County will pay 55% and the developer the remaining costs in the improvements. Olson moved on to the issue of sidewalks and trails in which Genstar is willing to install sidewalk along the neighborhood collector as well as a trail. The issue of stub streets was briefly discussed with the developer agreeing in some terms to avoiding them. Olson stated that most of the engineering issues have been resolved with the City Engineer. Olson then forwarded a staff recommendation to approve both the amendment and preliminary plat. Staff and the Commission discussed issues associated with 195th St. W. and access off of C.S.A.H. 31 into the development. Chair Schlawin asked why the County would foot 55% of the cost of improving the road. Peter Gualteri, Vice President Genstar, stated the County actually volunteered to pay for that cost because it was a County Road. Schlawin c c D requested a consensus from the Commissioners on the access spacing issue; all were in favor of following the County's spacing guidelines. City Engineer Mann wanted to clarify the County did not have any issues with a right-in/right-out only access. Steve Juetten, Genstar, wanted to make clear that the developer is not willing to write a "blank check" concerning the assessments associated with the County Road project in which they will review when final figures are complete. Juetten also stated that the developer is willing to work with staff on issues of 30 m.p.h. speed curves within the development. MOTION by Rotty, second by Larson to close the public hearing. APIF, MOTION APPROVED. MOTION by Rotty, second by Larson to approve the Charleswood P.U.D. amendment and first phase of preliminary plat contingent upon: 1. The City's Comprehensive Plan Amendment for M.U.S.A. is approved by the Metropolitan Council; 2. Dakota County accept the developers traffic study; 3. Issues concerning the construction of 195th St. W. are approved by Dakota County; 4. Upon satisfactory approval of the Environmental Assessment Worksheet; 5. Issues concerning temporary turnarounds on stub streets be resolved; 6. The remainder of Engineering issues be resolved with the City. APIF, MOTION APPROVED. 4. City Intern Schultz presented a petition to rezone and amend the Comprehensive Plan for the Tim Giles/Gerald Ristow property. Schultz stated that the applicants are seeking to rezone 11.88 acres of property located east of Trunk Highway 3 and north of County Road 72 (behind existing residential) from A-I (Agriculture) to R-3 (High- density residential) and B-1 (Limited Business). The Commission raised concerns that rezoning this property along the Trunk Hwy. 3 corridor may become piecemeal without a completed corridor study. Commissioner Rotty asked ifM.U.S.A. will be available in this area for the proposed development. Schultz stated that staff is researching a swap with existing M.U.S.A.land. Discussion then centered on the proposed B-1 rezone area and access into both the B-1 area and the proposed residential area. Commissioner Ley asked why the B-1 zone could not run to the north property boundary. It was agreed that the proposed boundary should be cleaned up. MOTION by Larson, second by Schwing to close the public hearing. APIF, MOTION APPROVED. MOTION by Rotty, second by Larson to 1) approve the Comprehensive Plan amendment from Agriculture to High-Density Residential and Limited Business; and 2) to rezone the property from A-I to R-3 and B-1 contingent that the B-1 zone connect to the north boundary line. YES- Rotty, Schlawin, Larson, Ley; NO- Schwing. MOTION APPROVED. 5. Schultz presented a conditional use permit submitted by Independent School District #192 to construct a new middle school with an R-3 zoning district located east and adjacent to the existing middle school site. The Commission commented if the proper procedures were being followed without the referendum being passed or property owned by the School District. Olson replied that staff felt that the School District is processing quick-take control ofthe property and should felt there would not be a problem. Schlawin asked if the new design speed of208th St. W. would still meet the intent of the collector road. Mann stated that it would. Staff and the Commission t] c [) continue discussion over issues concerning land uses, transportation and ponding. MOTION by Rotty,second by Schwing to close the public hearing. APIF, MOTION APPROVED. MOTION by Rotty, second by Larson contingent to City Engineer comments that include: 1) Development shall be accomplished only in such a manner that on-site soil erosion shall be minimized both during construction and when construction activity is completed. Appropriate erosion control measures will need to be incorporated into the construction plans. 2) Wetlands and other water bodies may not be used as primary sediment traps during development. 3) The mitigation of the flood plain must meet the City's Flood Plain Ordinance. 4) The alignment of20gth St. shown on the Preliminary Site Layout dated 1/20/98, will need to be revised in the area of the northerly property line as the design of the road is finalized through the platting process. YES- Rotty, Larson, Schwing, Ley; NO- Schlawin. MOTION APPROVED. 6. Mr. Olson informed the Planning Commission that the Metropolitan Council has given preliminary approval of the City Comprehensive Plan Amendment for the new MUSA expansion. 7. There being no further business, the meeting was adjourned at 9:45 P.M. Submitted by, Michael Schultz Planning Intern Approved o o [) PLANNING COMMISSION MINUTES Special February 24, 1998 1. Chair Schlawin called the meeting to order at 7:00 P.M. Members Present: Schlawin, Larson, Ley, Rotty, Schwing Members Absent: None Also Present: Planning Coordinator Smick, Planning Intern Schultz Chair Schlawin opened the Adelmann! Allen petition to rezone, the Preliminary Plat approval for Glenview Townhomes, the Conditional Use/Home Occupation application for 5030 183rd St. W., and the Prairie Creek East Schematic P.U.D. all scheduled public hearings set for 7:00 P.M. 2. Intern Schultz presented a petition by the landowner to rezone and to amend the Comprehensive Plan for the Adelmann property. Schultz stated that the landowner and perspective developer are proposing to rezone the 18.11 acres of property from A-I (Agriculture) to R-3 (High-density residential). Schultz briefly described the property and explained the permitted uses under the requested zone. Schultz explained that the additional R-3 zoning would add to the City's Livable Communities Agreement as well as add life cycle and affordable housing to the city's housing stock. Conversation focused on potential traffic and the upgrade of County Road 72. Rotty asked ifthe proposed development would be private. Schultz replied yes. Rotty cautioned the Commission and the City on trying to meet the Livable Community goals too quickly and should be reviewed appropriately during the update of the Comprehensive Plan. MOTION by Rotty, second by Larson to close the public hearing. APIF, MOTION APPROVED. MOTION by Rotty, second by Ley to approve the Comprehensive Plan amendment and rezone the property from A-I to R-3. YES- Schlawin, Larson, Ley, Rotty; NO- Schwing. MOTION APPROVED. 3. Planning Coordinator Smick introduced the proposed Glenview Preliminary Plat on the Giles/Ristow property along Trunk Highway 3. Smick stated that the development would be a private 89 unit townhome development with commercial development along the frontage road on the west portion of the property. Smick continued that City Staff is working with the Minnesota Department of Transportation on traffic issues along Trunk Highway 3. Smick informed the Commission that Staff is still working with the Metropolitan Council on completing a swap for MUSA in this area. The Commission questioned the hammerhead configuration of the dead ends and commented a connection for better traffic circulation should be looked at. Bruce Bullert of Community Design Partners, the project engineer, gave a brief presentation of the project. Schwing asked what the price range of the units would sell for. Tim Giles, project developer, answered between $110,000 to $140,000. The Commission and the developers engineer discussed the on-site ponding and if it were adequate. The Commission and Mr. Bullert discussed at length the issues of the hammerheads and the need for adequate circulation through the development. Landscaping of the site was next reviewed. Mr. Bullert stated that he was not in favor ofberming or planting along the residential side ofthe property. The Commission requested if some small berms could be added to breakup the flatness of the property. Discussion then moved to the MNDOT issues with Trunk Highway 3 and the timing of the plat review by the City. Redesign options suggested by the City of Trunk Highway 3 were briefly identified. Schlawin brought up the fact that MUSA is still needed for this property. Schultz explained that staff is working with the Metropolitan Council on either swapping existing MUSA land or possibly reconfiguring the MUSA boundaries. MOTION by Larson, second by Rotty to close o o o the public hearing. YES- Ley, Ratty, Larson; NO- Schwing, Schlawin. MOTION APPROVED. MOTION by Larson, second by Ley to approve Glenview Preliminary Plat upon the following contingencies: a) the hammerhead issue be resolved with City Staff; b) the Trunk Highway 3 traffic issues be worked out with MNDOT; c) MUSA is obtained from the Metropolitan Council; d) Landscaping issues be worked out with staff; e) Any additional City Engineering comments. YES- Larson, Ley, Rotty; NO- Schlawin, Schwing. MOTION APPROVED. 4. Schultz introduced an application for a home occupation/conditional use permit for Tad and Colleen Francis at 5080 183rd St. W. Schultz stated that the Francis' are proposing a beauty salon within their home, and that the property and use meets the intent of the conditional use permit. MOTION by Rotty, second by Larson to close the public hearing. APIF, MOTION APPROVED. MOTION by Rotty, second by Larson to approve the home occupation permit contingent upon the salon sign and off street parking meets City Code guidelines. APIF, MOTION APPROVED. 5. Planner Smick presented the Prairie Creek East Schematic plan to the Commission. Smick stated the development would consist of 415 single-family units constructed over six phases. Smick continued with a general description of the plan in which the Planner pointed out some necessary supporting information that was missing. Smick went on to explain that the required EA W is under a thirty-day review period by the Responsible Governmental Unit, which is the City of Farmington who is being assisted in this matter by Bonestroo, Rosene, Anderlik & Associates. Lisa Robinson, 18654 Easton Ave., Gary Busta, 18716 Easton Ave., and Gina Denise, 18704 Easton Ave., voiced their concerns over the potential traffic generated, the square footage requirements of homes within the Prairie Creek East development, grading and drainage and the need for additional park space. The Commission, Staff and Rick Wright, Progress Development responded to the concerns of the residents. MOTION by Rotty, second by Schwing to continue the public hearing for Prairie Creek East Schematic PUD. APIF, MOTION APPROVED. 6. There being no further business, the Commission agreed to adjourn. Submitted by, Michael Schultz City Planning Intern o o [] PLANNING COMMISSION MINUTES March 10, 1998 1. Chair Schlawin called the meeting to order at 7:00 P.M. Members Present: Schlawin, Larson, Ley, Rotty, Schwing Members Absent: None Also Present: Planning Coordinator Smick, City Engineer Mann, Planning Intern Schultz 2. Approval of February 10, 1998 minutes. A number of corrections in the minutes were pointed out and noted by Schultz. MOTION by Schwing, second by Larson to approve February 10 minutes as amended. APIF, MOTION APPROVED. Chair Schlawin opened the Prairie Creek East Schematic PUD and the Farmington Middle School 2nd Addition Preliminary Plat scheduled public hearings set for 7:00 P.M. 3. Planner Smick explained there are a number of issues that need to be resolved including the situation ofthe Prairie Creek East EA W. Smick detailed some of the issues that are being addressed in the EA W, comments being received from reviewing agencies and the timetable of concluding the EA W. City Staff and the Commission discussed the process of required revisions to the FEMA map. Rick Wright of Progress Land stood and gave a brief speech concerning the details and the amount of involvement of the project. Schwing asked if they have contacted FEMA concerning the floodplain. Mr. Wright stated no. Schlawin asked City Engineer Mann if any of those lots are located in the revised floodplain. Mann replied that he can not determine if the new flood plain boundary is correct on that map and that staff is not comfortable for this plan to continue. The Commission and Mr. Wright continued discussion of the flood plain study. Schlawin opened the hearing for questions from the public. No questions were raised. MOTION by Rotty, second by Schwing to continue the public hearing for the Prairie Creek PUD. APIF, MOTION APPROVED. 4. Smick introduced the Farmington Middle School 2nd Addition Preliminary Plat. Smick presented some of the details of the building proposed to be constructed to the east of the existing Middle School. City Engineer Mann stated that the road configuration is not properly indicated on the plan. Smick indicated that the Fire Chief informed her that the existing road access to the north remain for emergency access purposes. Mann commented that staff will need to further review the amount of accesses proposed into the school area. Smick continued with the landscaping review and the configuration ofthe ballfields in the adjacent land across from the school. Smick stated that the school might be agreeable to setting the ballfields back 50 feet from the residents in Riverside as well as landscape the area. Smick concluded with a list of additional information that is required for final plat approval. It was agreed upon by all parties that a number of issues need to be resolved before continuing with the preliminary plat in which a special workshop set for March 17th . Schlawin opened the public hearing for comments and questions from the Commission and the public; it was recommended that some of these questions be noted and brought back to the workshop. James Caverley, 4195 206th St. W., voiced concerns over the location of the ballfields and asked why they could not be shifted toward the school. o o c Todd Wichman, A TS&R Landscape Architect responded by presenting a new landscape plan that will buffer the residential area from the ballfields. Schwing posed the question on why 208th Street could not be constructed to the fifty six (56') foot width the first time instead tearing it up and paying for it twice. Rotty commented that if the proposed width of the road meets the traffic requirements it seems to be a financial decision by the school. Schwing responded stating that it is a design issue and the school should be prudent with its money. Commissioner Ley agreed with Schwing's comments. The Commission continued with discussion by adding questions and comments that should be addressed during the workshop meeting. MOTION by Rotty, second by Larson to continue the public hearing to March 24th. APIF, MOTION APPROVED. 5. Planning Intern Schultz presented to the Commission a proposal for an accessory apartment for Matt Brown at 19465 Evening Star Way. Schultz stated that Mr. Brown's residence appears to meet the requirements set forth in the City Code for accessory apartments; he did however question the need for a public hearing. Mr. Brown and the Commission discussed the process of the public hearing and the rationale behind the Code requirements. Mr. Brown stated he would submit an application and follow the proper procedures. 6. Schultz presented to the Commission a proposal by Peter Dantzer of Press Line Industries to continue the conditional use permit for the Bongard Trucking building at 20522 Akin Rd. Schultz gave a brief historical background of the conditional use of the property. Mr. Dantzer presented to the Commission his proposal for a one person metal fabricating shop as well as a lease storage area for cars, trailers and RV's. Mr. Dantzer said he is willing to improve the property with landscaping and fencing. Schlawin stated that he would be hesitant to expand the use of the property at this time. Rotty agreed with Schlawin and added that this property began as illegal use and that expanding to this use would be compatible. The Commission and Mr. Dantzer continued discussing the possibility of uses for the property. 7. Intern Schultz gave an update of non-conforming signs along the Pilot Knob Rd corridor. Schultz stated that the Nelson Hills Farm signs are conforming based on aggregate sign area, except for one of the signs that is within the County right-of-way of Pilot Knob Rd. Schultz added that the Troyhill directional sign on the east side of Akin Rd also exceeds the square footage for a directional sign. Schultz continued to state that the Pine Ridge Forest sign is in noncompliance and exceeds the square footage for a directional sign in addition to being located within the County right-of-way. Schultz stated that all the developers in question received a letter to remove their signage or obtain a conditional use permit by April 17th . 8. Planner Smick informed the Planning Commission that the Comprehensive Plan Update for additional MUSA has been approved as of March 13th and was in effect immediately. Smick gave a brief update of the potential developments within the expanded MUSA areas. Submitted by, Michael Schultz City Planning Intern Approved o o o PLANNING COMMISSION MINUTES Regular May 12, 1998 1. Chair Schlawin called the meeting to order at 7:00 P.M. Members Present: Schlawin, Larson, Ley, Rotty, Schwing Members Absent: None Also Present: Community Development Director Olson, Planning Coordinator Smick, City EngineerlPublic Works Director Mann, and Associate Planner Schultz 2. Chair Schlawin requested comments from the Commission onthe minutes from April 14t\ 1998. There were none. Motion by Schwing, second by Larson to approve the minutes as distributed. APIF, MOTION APPROVED. Chair Schlawin opened all four of the scheduled public hearings at 7:00 P.M. 3. Community Development Director Olson presented to the Commission the amendment to the conditional use permit of South Suburban Medical Center concerning the placement of a public sidewalk for the recent clinic addition. Olson explained that South Suburban is seeking to amend only the sidewalk location from the north side of Oak St. to the south side due to concerns of: pedestrian safety with ambulances entering and exiting, snow storage and removal and overall cost. Olson continued with staff's reasons on retaining the sidewalk location on the north side of Elm St. Mr. Lee Larson, CEO of South Suburban Medical, approached the Commission to explain in greater detail the reasons why they are seeking the amendment to the sidewalk location. The Commission, Staff and SSMC continued with question and answer discussion in an attempt to clarify the situation. Dan Nicolai, SSMC Board Director, stood and presented his arguments to amending the CUP agreement. MOTION by Schwing to close the public hearing, second by Rotty. APIF, MOTION APPROVED. MOTION by Rotty to amend the conditional use permit for SSMC. No second to motion. Motion denied to lack of second. MOTION by Ley that the sidewalk remain on the north side of Elm St., second by Schwing. YES: Schwing, Ley, Schlawin; NO: Rotty; ABSTAIN: Larson. MOTION APPROVED. 4. Associate Planner Schultz introduced the conditional use permit for grading from Genstar Land Company for the Charleswood development. Schultz briefed the Commission on the details of the grading plans and where in the process the development stands. Schlawin asked what the surety and/or a contract agreement would consist of. Schultz replied that the City Engineer would determine a surety amount and a contract would not be formed. Mr. Mann added that the surety amount would be held in the possibility that the developer might walk away. Rotty asked what portion in the diagram would be graded. Steve Juetten, Genstar Land Company, replied that it would be phase I and parts of phase 2. Mr. Juetten continued to explain his company's timeline and the reasons for the delay of the platting process. Schlawin responded that part of his concern was that erosion control rarely has been done properly in the city. Schwing asked the Mr. Juetten if there was a problem with the bond. Mr. Juetten responded that depending on the amount there would not be a problem. The Commission asked about a binding contract. Mann stated that the surety agreement would take the place of contract. Mr. Juetten added that the conditional use pemiit itself is a legal binding document. MOTION by Schwing, second by Rotty to close the public hearing. MOTION by Rotty, second by Schwing to approve the grading conditional use permit and to forward it to the City Council contingent upon the following conditions: /""'" ( ) · The issues identified in the grading review letter need to be addressed before a permit can be issued; · All of the information required by the Excavation, Grading and Mineral Extraction Info sheet should be submitted prior to City Council approval ofthe permit; · The permit shall not be valid until the required surety is posted and the appropriate fees are paid; · It is understood the developer grades this project according to the submitted grading plan at his own risk. Future review of utility construction plans could result in revisions to the grading design. · That silt fencing be erected prior to grading and dust control ofthe property be maintained by the developer. Vote: YES: Schwing, Larson, Rotty, Ley; NO: Schlawin. MOTION APPROVED. 5. The Farmington Middle School 2nd addition final plat was presented to the Commission by Planner Smick. Smick gave a brief presentation on the development referencing that some minor engineering details need to be worked out before City Council approval. Schlawin asked what those minor problems are. City Engineer Mann replied that each plat goes through a plan review check and some issues concerning utility easements. Mr. Mann iterated that the grading plan would not be approved until all grading issues have been taken care of. MOTION by Rotty, second by Schwing to close the public hearing. Vote: YES: Schlawin, Larson, Rotty, Ley; NO: Schwing. MOTION by Rotty to approve the 2nd addition final plat subject to the conditions of the City Engineers April 30th 1998 letter to the School District Engineer and forward to the City Council, second by Ley. Vote: YES: Ley, Larson, Schlawin, Rotty; NO: Schwing. MOTION APPROVED. 6. Planner Smick began the continued public hearing for the Prairie Creek East Schematic PUD. Smick stated that there are stilI some EA W issues that remain. Smick went to state that the Technical Advisory team (TEe) has surveyed the site and is recommending that no excavation take place within Empire Township. Planner Smick explained to the Commission that a vote would be necessary at this time and forwarded to the City Council because of a 60 day review provision stated within the City Code. Schlawin asked ifthe no grading in Empire Township provision is for this particular project or because the way the project is laid out. Smick replied that it is probably the layout of the project. Schlawin said that he is concerned that there might be a "carte blanche" approach that could be used against the City and would like to make it clear this it is because of the topography and layout of this particular project. MOTION by Schwing, second by Ley to close the public hearing. APIF, MOTION APPROVED. MOTION by Schwing to forward a negative recommendation of the Prairie Creek East PUD, second by Larson. APIF, MOTION APPROVED. 7. Planning Coordinator Smick and the City Engineer Mann updated the Commission on the development of policies concerning turf establishment and erosion control. Smick and Mann both explained the reasoning behind both of the policies and how they will benefit the City. The Commission and Staff went into a lengthy discussion on possible issues on both policies. The Commission recommended that the policies possibly be adopted as ordinances because of possible legal issues. 8. Smick gave an update to the Commission on the Comprehensive Planning Schedule. Smick went through the possible meeting dates of the draft timeline. Commissioners and Staff discussed if the dates were too aggressive and if it could be held to the schedule LJ 9. A video from the Builders Association concerning urban sprawl was shown to the Commission. A brief discussion of the issues that arose within the video ensued. 8. There being no further discussion, the Commission adjourned at 9:30 P.M. Submitted by, Michael Schultz Associate Planner City Planning Division Approved o c c PLANNING COMMISSION MINUTES Special March 24, 1998 1. Chair Schlawin called the meeting to order at 7 :00 P.M. Members Present: Schlawin, Larson, Ley, Rotty, Schwing Members Absent: None Also Present: Planning Coordinator Smick, Planning Intern Schultz 2. Chair Schlawin opened the continued public hearing for the Farmington Middle School Preliminary Plat scheduled for 7:00 P.M. Planner Smick summarized the issues that were discussed during the March 17th Joint Planning Commission/City Council/School Board/School Architects/City Staff meeting. Smick went on to state that the newly submitted plans meet all platting requirements and the alignment of 208th Street is diagramed correctly on the new document. Planner Smick added that drainage issues and wetland vegetation requires final acceptance by City Engineering. City Staff will also work with the Riverside Estates developer concerning vacation of stub streets. Smick pointed out the added south side trail for pedestrian safety along bus road. The six-foot high 1,345 foot linear fence is shown on the plan along the railroad right-of-way. The Police Department and traffic engineers will review the placement and signage of the pedestrian crosswalk. The landscape plan will need to be revised to reflect correct road alignment. Smick concluded staff comments stating that the gas line along 208th Street right-of-way needs to be relocated and a phasing needs to be shown on the plan. Schlawin opened the hearing to any questions. James Calverley, 4195 206th St. W.: Asked why the ballfields needed to be so close to a residential neighborhood. He also asked ifthe ballfield could be restricted in the evenings. He added that pedestrian walkways not be installed if the stub streets are vacated in Riverside. In addition, he asked if the fields were permanent. Zack Johnson of AST &R responded that they would be permanent. Schwing requested that it be noted that he has strong objections to the street width of 24 feet as being irresponsible financially and from a long range planning perspective due to the importance of 208th Street being a critical east-west collector road. He continued stating that it is poor management of long range planning and a bad financial investment for the community in general. Chair Schlawin agreed but added that this plat must be viewed as a land usage issue and what problems are assumed is the School Districts problems. Schlawin asked ifMSA funds would be available once the road is connected. Smick replied that they would be. Motion by Rotty, Second by Larson to close the public hearing. APIF, MOTION APPROVED. Motion by Rotty, second by Larson to approve the Farmington Middle School preliminary plat contingent upon any additional City Engineering or Planning Staff review and comments. Roll Call Vote: Yes: Schlawin, Larson, Rotty, Ley; No: Schwing. VOTE APPROVED. Schlawin noted that his yes vote was contingent based on the fact that it is a land usage issue only and does not endorse any other issues. 3. There being no further business, the Commission adjourned at 7:30 P.M. Submitted by, Michael Schultz City Planning Division Approved :J :J o PLANNING COMMISSION MINUTES Regular April 14, 1998 1. Chair Schlawin called the meeting to order at 7:00 P.M. Members Present: Schlawin, Larson, Ley, Rotty, Schwing Members Absent: None Also Present: Planning Coordinator Smick, Planning Intern Schultz 2. Schlawin asked for comments on the Planning Commission minutes for February 24,1998. There were none. MOTIDN by Schwing, second by Larson to approve minutes. APIF, MOTION APPROVED. Schlawin asked for c<>mments on the March 10 minutes. There were none. MOTION by Schwing, second by Ley. APIF, MOTION APPROVED. Chair Schlawin requested comments for the March 24 minutes. Schlawin stated that Mr. Caverley's statement should read "restricted in the evenings". MOTION by Rotty, second by Larson to approve minutes as amended. APIF, MOTION APPROVED. Chair Schlawin opened all of the scheduled public hearings at 7:00 P.M. 3. Planning Intern Schultz presented the Planning Commission a letter from Mr. Brown stating that he is officially withdrawing his application for a conditional use permit- accessory apartment at his residence located at 19465 Evening Star Way. The Commission had no additional comments and accepted the withdrawal. 4. Schultz presented to the Commission a front yard setback and lot coverage variance from Trinity Lutheran Church for a proposed addition to the church. Schultz explained that the front yard encroachment for the addition woul d be sixteen (16) feet and the lot coverage would reach 41 %. Schultz also pointed out that the addition woald include an elevator to allow accessibility to each level of the church and improve upon ADA guidelines. Schultz stated that the hardship is based on the fact that the lot was platted in 1913 and the church was constructed in 1957, restricting the lots use. Steve Underdahl of Pro con, Inc., presented elevation renditions of the addition to the Commission. Larson asked if the addition would interrupt the sightlines at the intersection. Schultz stated the addition will be angled and will not affect the sightIines. Schlawin asked for any comments from the public. MOTION by Larson, second by Rotty to approve the variance for Trinity Lutheran Church. APIF, MOTION APPROVED. 5. Planner Smick introduced the conditional use application for extraction and filling within an F-l District from the Independent School District 192 for the Farmington Middle School 2nd Addition. Smick explained that the project will involve extraction of material from the floodway to compensate for filling of the floodplain to provide an adequate building site. Smick pointed out the review comments and recommendation of Erik Peters of Bonestroo Engineering. Schlawin asked where the floodplain boundary was on the plan and how much fill would be involved. Philip Behrend of A TS&R pointed out the floodplain boundary of 899 feet and responded that about 3,000 cubic yards was required but are over compensating with 3,600 cubic yards. Schlawin asked if the building pad elevation of907 feet and the bus pad elevation of903 to 904 feet is adequate. Mr. Behrend stated yes. Ron Ley asked if the additional 600 cubic yards would be banked by the City. Mr. Behrend stated no. Schlawin requested any questions or comments from the public. MOTION by Rotty, second by Larson to approve the conditional use permit with the requirement of providing vegetative cover of any fill proposed within the floodway district. YES- Larson, Schlawin, Ley, Rotty; ABSTAIN- Schwing. 6. Planner Smick introduced the continued public hearing for Prairie Creek East EA W. Smick briefed the Commission on the status of the EA W by stating that City staff, commenting agencies and the developer (1 met on April6tb to discuss comments and the information lacking within the EA W. Smick also stated that a WCA Technical Evaluation Panel (TEe) team was selected and went out today to evaluate existing vegetative cover for wetland classification, wildlife habitat and overall quality ofthe drainage ditch to evaluate whether the ditch should be disturbed or not. Smick stated that because a number of questions and concerns still exist staff is recommending continuing the Prairie Creek East PUD indefinitely pending the outcome of the EA W. Warren Israelson, Progress Land Co., presented his argument that the current plan would be more beneficial to the area and that expanding the drainage ditch along with the wetlands would provide better storm water management by reducing flooding impact and delaying flow downstream. The Commission and Mr. Israelson discussed the need for a drainage easement in Empire Township. Commissioner Schwing asked the developer what he is asking for. Mr. Israelson stated he is seeking Planning Commission approval of the first and second phases ofthe development because they are out of the flood plain area. Mr. Bouta, Westwood Professional Services, added that there are some issues and impacts but the question is ifthere is significant inverse impacts and the answer is no. He continued to state that there are a number of different approaches that can be taken to minimize those impacts. Mr. Bouta continued in explaining some project issues along with the processes of the EA Wand when an EIS would actually be required. Mr. Bouta added that some of the issues of the wetlands and the drainage way can be dealt with through the design process. Commissioner Schwing asked Mr. Bouta what would happen if Empire Township did not issue a grading permit. Bouta replied that if Empire Township will not issue a grading permit that the project would have to be redesigned because some of the lots would become unbuildable. Israelson disagreed because none of those lots are within the 100 year floodplain. The result would be less floodplain storage. Smick replied to Mr. Bouta's comments that the reason for the EA W was of the potential for environmental impacts and that some of the reviewing agencies requested additional information that was not included in the EA W packets. Israelson stated that most of that information was in the EA W. Bouta added that there was some additional information that they were working on and they will get it to the City as soon a possible. Discussion then focused on the TEC panel team that was chosen and what their purpose and timeline was in the surveying of the property and the evaluation of the EA W. Discussion then turned to the topic of the options for the drainage way and who made them and why they were made. The Commission, staff and the developer discussed what options were available for the developer and the Commission in relation to both the plat and the EA W. MOTION by Rotty, second by Larson to continue the public hearing for Prairie Creek East Schematic PUD to the next regularly scheduled Planning Commission meeting. APIF, MOTION APPROVED. o 7. Planner Smick opened discussion on the review of the definition of equipment and maintenance storage. Smick asked the Commission if staff should also review equipment and storage yards due to a lack of definition in the City Code. The Commission questioned if staff had the available time for review and if these definitions could be taken on when time was appropriate. The Commission and staff agreed that these items should be added to a running list of other items to be reviewed and taken on when time permits. 8. There being no further business, the Commission agreed to adjourn. Submitted by, Michael Schultz Associate Planner City Planning Division Approved [) o D PLANNING COMMISSION MINUTES Regular June 9, 1998 1. Chair Schlawin called the meeting to order at 7:00 P.M. Members Present: Schlawin, Larson, Ley, Rotty Members Absent: Schwing Also Present: Planning Coordinator Smick, City Engineer Lee Mann and Associate Planner Schultz 2. Chair Schlawin requested comments on the May 12th, 1998 Planning Commission minutes. There were none. MOTION by Larson, second by Ley to approve the minutes as written. APIF, MOTION CARRIED. 3. Planning Coordinator Smick introduced the final plat of the First Phase of the Charleswood pun. Smick stated that the Final Plat has been revised and will consist of 83 lots rather than the proposed 110 at the Preliminary Plat stage. Smick continued the report by explaining some of the qualities, amenities and requirements of the project. Smick stated that the City Engineer has reviewed the Final Plat with the following comments; a) a future well supply has been proposed at Lot 1 Block I of the first phase; b) 19Sth St (Co. Rd. 64) will need to be improved to the western boundary of the development with the developer sharing in the costs of the improvement; c) all other engineering issues have been resolved. Smick closed by recommending that the Final Plat be approved and forwarded to the City Council for review. Schlawin questioned why the City is allowing a second access onto County Road 64. Smick replied that staff requested the second outlet due to the projected traffic. Schlawin explained the issue with Troyhill and not allowing a second access into that development. Lee Mann added that one access onto I9Slh and one to Pilot Knob Road would not be adequate for the development. Commissioner Rotty questioned the reduction of lots proposed. Steve Juetten, Genstar Development, replied that the main reason was the timing of grading in the year and that if it was earlier within the year the 110 lots would have remained. There being no further discussion Chairman Schlawin requested a motion. MOTION by Ley, second by Rotty to approve the Charleswood 151 Phase Final Plat and forward it to the City Council. VOTING FOR: Larson, Rotty, Ley. OPPOSED: Schlawin. MOTION CARRIED. 4. Smick stated that Mr. Hard was not yet in attendance to present his request for a variance to widen his driveway to either 34 or 42 feet. Smick requested some direction from the Commission on the issue of residents requesting larger driveway widths. Rotty stated that if staff could supply their input on what hardships exist on these situations. (At this time Mr. Hard entered the Commission meeting). The Commission questioned Mr. Hard and where the hardship existed for the widening of the driveway width. Rotty asked Smick if there has been any precedence on this issue. Smick replied no. The Commission then explained to the resident the origin and reason for the driveway widths and possible solutions to his problem. /) \'_n ' 5. Planner Smick presented to the Commission an update to the Comprehensive Plan process. Smick stated staff went on a city tour on June 15t with the consultants from RLK, Inc. Smick also stated that dates were being established for one-on- one interviews with the City Council, Planning Commission, City staff, local business owners, members of Boards and Commissions and local residents. Smick also added that two Visioning work shops were being set up in July. 6. Chairman ScWawin voiced concern over builders dumping debris in empty residential lots, especially in the Troyhill development. A brief discussion ensued, Planner Smick stated that she will look into the situation. 7. There being no further business Chairman Schlawin entertained a motion to adjourn the meeting. MOTION by Rotty, second by Ley to close the meeting. APIF, MOTION CARRIED. Submitted by, Michael Schultz Associate Planner Approved (-~) _../ (- 'j ,,---/ [) tJ o .:;,. ~.. MINUTES PLANNING COMMISSION SPECIAL JUNE 23, 1998 1. The meeting was called to order by Commissioner Sc4wing at 7:00 P.M. Members Present: Schwing, Larson, Rotty, Ley Member Absent: Schlawin Also Present: Community Development Director Olson, City Planning Coordinator Smick, Associate Planner Schultz 2. Commissioner Schwing opened the public hearing for Christian Life Church. Planner Schultz e~plained that Christian Life Church, located at 6300 212th St., is seeking a conditional use permit to add two modular units for class rooms and one for storage space; the modular units were used in the Northfield School District when Christian Life Church was awarded the bid to purchase them. Schultz continued to explain that several issues still need to be resolved at the staff level such as septic system requirements and submittal of certified architectural plans. Schultz stated that staff recommends approval of the conditional use permit based on that the use meets City Zoning guidelines. Commissioner Rotty asked what would determine the location of the modulars. Schultz replied that if the modulars are placed over the existing alternate drain field site another alternate drain field site would be required. Rotty asked if the church would be required to file for another conditional use permit if additional modular classrooms were proposed. Schultz replied yes. Rotty voiced some c()pcern that proper screening be supplied if the site location were to change. Smick stated that staff would be willing to work with the church on any landscaping. The Commission and church representatives continued discussion in the existing landscaping on the site. MOTION by Rotty, second by Larson to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Rotty to approve the conditional use permit for the use of three modular units contingent to the approval of landscape plan and final Building Official and Fire Marshall approvals. APIF, MOTION CARRIED. 3. Planner Smick initiated the discussion for the review of the sketch plan for Bristol Square Townhomes. Smick explained that the developer is proposing a private development consisting of 171 townhome units on 19.7 acres of land located north of County Road 72 and east of another proposed townhome development. Smick continued highlighting the details of the sketch plan that includes two drainage ponds, two tot lots, trails connecting to future City trails and 110 additional off-street parking stalls. Smick also stated that the Parks & Recreation Commission is requesting .7 acres of dedication in the southeast corner of the property. Planner Smick went into issues of the County Road 72 upgrade and turn back to the City. The Commission had questions concerning the upgrade of the road and its costs. Commissioner Larson asked about the drainage on the site and the potential problems due to the flat topography and the water tables. Smick replied that the Engineering Division has not had adequate time to review the plan but they will thoroughly review the plans for rJ any potential problems. The Commission and staff began discussing issues of access for the Glenview Townhome development located to the west. Smick explaIned that because of upgrade requirements of the frontage road along Trunk Highway 3 the Glenview developer would not be allowed to develop that portion of the project until the upgrade was complete. Jim Allen, developer for Bristol Square, stated that he was just made aware of the issue and that there was no problem sharing the access, construction equipment though would be a potential problem. Both parties continued discussing details of the access issue. Planner Smick ran through a list of items noted by staff during the sketch plan review to be addressed by the developer before preliminary plat submittal. Commissioner Rotty asked Mr. Allen what the anticipated valuation of the townhomes would be. Mr. Allen replied between $115,000 to $120,000. The Commission, staff and the developer continued discussions on the issues of County Road 72 and allowing access into the Glenview Townhome development. It was agreed that the developer and staff would work closely to resolve all issues as soon as possible. 4. Planner Smick initiated the discussion for the review of the Malinsky Property sketch plan, a 181 single-family unit development on 68 acres located east of the Akin Park Estates and Limerock Ridge developments. Smick continued describing the topography of the land and the developers plans for the development. Planner Smick then outlined some of the preliminary issues that staff will be requesting the developer address before preliminary plat submittal; those issues included road connections, on-site ponding, tree/slope preservation and trail construction. ( Discussion ensued over lot sizes and housing values of the two surrounding neighborhoods due to concerns from residents of the possible effect the proposed development may have on property values. The Commission also brought up the issue of the construction of 19Sth Street. Dave Olson, Community Development Director, explained that the city has learned in a recent meeting that Dakota County was not interested in participating in the cost of upgrading County Road 64 at this time because it would not be leading anywhere. Randy Merkins, 19946 Ellington Trail: "What if Empire Township doesn't-want the road ?" Dave Olson: "That would be an issue between Dakota County and Empire Township. The County and the City has shown that road on their transportation plans for a number of years." c) Chuck Grill, 19189 Echo Drive, asked how the City plans to get those people out of there and why doesn't the road (195th St.) get constructed before the development begins. Cleota Epps, 19410 Ellington Trail, stated that Farmington is growing at breakneck speed and that the City needs to address the issues of constructing roads for access and the effects on schools before any more development continues. The resident also stated that the lot sizes in this development don't allow for larger homes or second level homes after the starter level. Rob Schwing explained to the resident that the authority of the Commission is limited by existing ordinances and statutes and if the city wants something different the elected officials of the city needs to make that determination. Bill Fitch, 5816 Upper Ig3rd St., added to Commissioner Schwing's comments by stating that a moratorium would not only interrupt residential development but commercial development as well. Mr. Fitch added that every other community surrounding the city is also growing and effecting the Farmington School District. Randy Merkins questioned where the drainage from this development will go because the current runoff flows into a wetland. Dave Olson responded that staff and the County will review the development and that the development will conform to the City's Surface Water Management Plan. Cleota Epps requested that the Commission look at the steep slope area to be dedicated as a conservation easement. Larry Frank responded by stating that they will do whatever is possible for preserving that hillside, including shifting the lots 60 to 80 feet to the east or having a conservation easement. The Commission and the residents continued discussion on changing the City's minimum lot requirements for developments and the process in which it should be done. City staff mentioned it could be done in the forum of the upcoming visioning sessions for the Comprehensive Plan update. 5. Planner Smick opened discussion with the Commission on the July 8th and July 29th Visioning Workshop sessions to be held at the Dakota County Extension building. .Smick informed the Commission to RSVP so staff had an understanding of how many attendees there were to be. Commissioner Schwing also informed the residents that it is open to the public. 6. There being no further business, MOTION by Rotty, second by Larson to adjourn the meeting at 9:15 P.M. MOTION CARRIED. Submitted by, Michael Schultz Associate Plannerr Approved [) [J c PLANNING COMMISSION MINUTES Regular July 14, 1998 1. Chair Schlawin called the meeting to order at 7:00 P.M. Members Present: Schlawin, Schwing, Larson, Ley, Rotty Members Absent: None Also Present: Planning Coordinator Smick, Associate Planner Schultz 2. Chair Schlawin requested comments on the June 9, 1998 Planning Commission minutes. MOTION by Rotty, second by Larson to approve minutes with the correction ofthe appropriate date on heading. YES- Schlawin, Larson, Ley, Rotty; Abstain- Schwing. Schlawin opened all four scheduled public hearings. 3. Planner Schultz presented the conditional use permit application from Tim Giles for an off premise directional sign for the Pine Ridge Forest development. Schultz described where the sign would be located in relation to the location of the development. Schultz stated that the Water Board granted permission to locate the sign on the well site property contingent on Planning Commission approval. Larson asked if the developer is up to date on the fees, punchlist items, etc. on all of his developments. Planning Coordinator Smick replied that the developer is meeting his punchlist tasks. Commissioner Rotty stated that he would like to see an agreement between the Water Board and the developer in which a removal date is established. Schultz read a letter from Timothy Burnham, of the Siska Group opposing the location of the sign. MOTION by Rotty, second by Ley to close the public hearing" APIF, MOTION CARRIED. MOTION by Ley, second Larson to approve the conditional use permit contingent that a) the sign fees are paid; b) an agreement contract be signed by the fee owner; c) the sign meet all setback requirements. APIF, MOTION CARRIED. 4. Associate Planner Schultz presented the Comprehensive Plan Amendment application from Mr. Robert Adelmann for his property located at the southeast corner of Denmark Ave and Ash St.. Schultz stated that the applicant is proposing to amend the Comprehensive Plan from the existing Industrial land use designation to 20 acres of Low Density residential and 45 acres of High Density residential. Schultz explained that the 20 acres of Low Density would be conveyed to St. Michael's Catholic Church for the construction of a new church, while the 45 acres would possibly be townhomes or senior housing. Planner Schultz stated that MUSA exists for the possible 20 acres of church property with approximately 3 acres of MUS A on the remainder of the property. Schultz continued his report explaining the amount of existing and available Industrial land use citingfuture land use needs derived from RLK, Inc., the City's consultant during the Comprehensive Plan update. Chair Schlawin opened the item to questions from the Commission and the public. Commissioner Ley asked why this (application) was coming forward at this time during the City's Comprehensive Plan update. Schultz explained that a moratorium would need to have been placed on change of land uses before the process began, other than that it was the timing of the applicant. =- Commissioner Rotty asked the land owner if a developer is involved -in the High Density portion and also if the change to High Density was dependent on the amending of the Low Density. Mike McCann, 14450 South Robert Trail, Rosemount, attorney for Mr. Adelmann replied that a developer has not been involved due to the lack of available MUSA, the thought that either townhomes or senior housing would be appropriate. Mr. McCann added that though the two land use changes were not contingent of each other the change to High Density would be compatible with that of the church in the Low Density area. (~~) The Commission continued discussing the issues of amending the property owner's Comprehensive Plan amendment application. The Commission followed by discussing if the land use changes are appropriate for this particular area. Questions were risen on when MUSA could be applied for and if it were possible to swap for MUSA of the High Density area. Staff replied that the Metropolitan Council approved the last Comprehensive Plan amendment for additional MUSA assuming the land supply would suffice for 5 to 7 years. Smick added that the City already went through a swap process and would be limited in achieving it again. MOTION by Rotty, second by Schwing to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty to approve the Comprehensive Plan amendment as applied for by the property owner, second by Schwing. YES- Rotty, Latson; NO- Schwing, Schlawin, Ley. MOTION FAILED. MOTION by Schwing, second by Ley to amend the Comprehensive Plan of the 20 acres ofIndustrial to Low Density land use excluding the remaining acres proposed to be amended from Industrial to High Density. APIF, MOTION CARRIED. 5. Planner Schultz presented to the Commission the application from Mr. Robert Adelmann, 22533 Denmark Ave., to rezone his property located at the southeast corner of Denmark Ave and Ash St. from Industrial to R-l and Industrial to R-3. Schultz briefly outlined his report of the applicants rezoning proposal and explained that the High Density portion of the applicant's property included in the previous public hearing would not be included atthis level. (--' ,-,) Chair Schlawin requested comments or questions from the public and the Commission. There were none. MOTION by Schwing, second by Larson to close the public hearing. APIF, MOTION CARRIED. MOTION by Schwing, second by Ley to rezone the 20 acres of Adelmann property from 1-1 to R-1. APIF, MOTION CARRIED. 6. Associate Planner Schultz introduced the Conditional Use permit from St. Michael's Church to construct a new Catholic Church located on 20 acres of the Robert Adelmann Property. Schultz stated that the proposal calls for a 44,.00.0 + square foot church with future room for expansion. Parking of 300 to 350 . vehicles will be provided with possibility to provide up to 500 stalls. Schultz stated that the Park & Recreation Board will be reviewing the possibility of accepting the dedication of park space in the form of a softball and soccer field on the back portion of the property. G .. . . Schlawin opened the hearing up for questions and comments from the public and the Commission. The Commission questioned the ponding on-site and effects it may have in that area. Mike Caberat of Sunde Engineering, consultants for St. Michael's Catholic Church, stated that the additional runoff from the site will be contained on site and the discharge would be restricted so the rate will be equal to or less than the current rate. The Commission voiced concern over the additional amount of discharge and rate of water into the Vermillion River watershed area. Sharon Shockly, 22g18 Denmark Ave., stated that her and her husband, as well as neighbors, have had water problems on their property since a pond and a berm that was constructed on the Dakota County Fair Grounds property and tiling that was done near 240th St. that has reversed the water flow that should travel east to west. The Commission directed comments toward Sundee Engineering requesting that the engineering for this project be done properly as to not add to the current problems of the surrounding property owners. MOTION by Rotty, second by Schwing to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Schwing to approve the conditional use permit for St. Michael's Catholic Church to construct a church in an R-1 zone. APIF, MOTION APPROVED. 7. Planning Coordinator Smick opened discussion on a possible home occupation for a salon to be located in a to be constructed home within the East Farmington subdivision. Smick stated that the applicant was not present at this time but requests direction in this matter. The Commission and staff discussed the situation based on the current guidelines in the City Code and decided that the applicant should make a formal application for a conditional use permit. g. Smick presented staff's report on the final plat for Glenview T ownhomes and Commercial area to the Commission. Smick gave a brief overview of the 89-unit private tOwnhome development. Commissioner Schwing asked if the shared access issue has been resolved since the previous meeting for Bristol Square on June 23rd. Smick replied that Mr. Giles will not access through the Bristol Square development but will construct the through road off the frontage road for construction access for the Glenview development. The Commission questioned the access off of the frontage road. Smick stated that MNDOT is reviewing three possibilities for upgrading that frontage road, and gave a brief overview of each option (described in the staff report). Discussion pursued over the typically assessing practices of the City and other previous road/development projects. Smick stated that if MNDOT contributes that construction of the frontage road would not begin until July I S\ 1999 and that Wausau is not interested in contributing to the project at this time. Smick completed the presentation with staff recommendations. . . . The Commission and staff discussed details of the project including on-site ponding and further discussion of the frontage road. Schwing asked what type of effect would occur ifthis project were held up until the frontage road situation was resolved. Smick stated that it was would slow the project down without a vote and would further muddle the situation. MOTION by Rotty, second by Larson to recommend the approval of the final plat contingent on: 1) The resolution ofthe Trunk Highway 3 frontage road issue with MNDOT, Mr. Giles and Wausau Supply Company. 2) The frontage road being completed by 1999. 3) All major engineering issues have been resolved and final Plat approval at the City Council will be contingent on the preparation and execution of the Development Contract and approval of the construction plans. 4) That building permits can not be pulled until completion of the frontage road. APIF, MOTION APPROVED. 9. Smick opened discussion on the Development Approval Process. Chair Schlawin stated that a draft was not included in his packet for review. Smick highlighted some of the changes in the process on how it benefits both the City and the developer. The Commission and staff decided to discuss the process further when all members receive copies. 10. Smick distributed updated Development Manual Inserts to the Commissioners. 11. There being no further discussion the Commission agreed to adjourn. Submitted by, Michael Schultz Associate Planner Approved . . . Planning Commission Minutes Special July 28, 1998 1. Chair Schlawin called the meeting to order at 7:00 P.M. Members Present: Schlawin, Larson, Ley, Rotty, Schwing Members Absent: None Also Present: City Planner Smick, City Engineer/Public Works Director Mann, Associate Planner Schultz 2. Schlawin requested comments on the minutes for June 23, 1998, there were none. MOTION by Larson, second by Schwing to approve the minutes as shown. YES- Larson, Rotty, Schwing, Ley; Abstain- Schlawin (not present at June 23 meeting). 3. Chair Schlawin opened the scheduled public hearing for Allen Homes' Bristol Square Townhome development. Planner Smick presented the first addition of the private development located north of County Road 72. Smick stated that the first phase will consist of 42 units on 4.09 acres located in the southwest portion of the property, the remainder of the property would be separated into 14 outlots. Smick added that the City and County are reviewing the feasibility of upgrading County Road 72, with the developers for Bristol Square and East Farmington sharing the costs of the project that are adjacent to their respective developments. Smick pointed out that the developer is describing the parcel in the southeast corner as a park outlot until the Park & Recreation Commission decide to accept or deny the dedication. Smick also added that the City Engineer is requiring that utility easements be shown on the plat. Schlawin requested comments from the public and the Commissioners. Larson asked if the retention ponds would be constructed during the first phase. Stephen Albrecht, the developer's engineer, stated that both ponds would be constructed for the additional volume for runoff on the County Road 72 project. Schlawin asked what the value of the townhomes would be. Jim Allen, Allen Homes, responded between $120,000 to $130,000. The share of costs for the reconstruction and upgrade of County Road 72 was discussed in which City Engineer Mann briefly presented cost share scenarios between the developer, residents, the City and the County. Mr. Mann answered questions from the Commission over specifics of the project. Chair Schlawin requested clarification on the dedication of the outlot. Smick explained that the Park & Recreation Board is still discussing either accepting the dedication or requesting cash-in-lieu for possible acquisition of park space in another location. Questions arose concerning the construction of the trails and tot lots. Mr. Albrecht replied that the trails and tot lots would be constructed during each phase of construction to avoid damage during construction. . MOTION by Schwing, second by Larson to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Schwing to approve Bristol Square preliminary and final plat and forward it to the City Council based on the contingencies outlined in the staff report in addition to the contingency that the ponds be constructed at time of grading. APIF, MOTION CARRIED. 4. Planner Smick presented the development approval process to the Commission. Smick explained that option one is for preliminary and final plat filed separately, while option two is for preliminary and final plat filed together. Smick highlighted the changes that were made in hopes to streamline the review process. The Commission and Smick discussed the options with the Commissioners pointing out redundancies and needed clarifications. The Commission also offered the suggestion of developing a flow chart for quick reference. The Commission forwarded comments back to the City Planning Coordinator for possible changes. 5. Smick briefly discussed the upcoming second VISIOning workshop for the Comprehensive Plan Update scheduled for 6 P.M. on July 29, 1999. The Commission had some general questions concerning the meeting. 6. There being no further discussion the Commission agreed to adjourn at g:30 P.M. . Submitted by, Michael Schultz Associate Planner . Approved . . . PLANNING COMMISSION MINUTES REGULAR August 11, 1998 1. Chair Schlawin called the regularly scheduled meeting to order at 7:00 P.M. Members Present: Schlawin, Larson, Schwing, Rotty Members Absent: Ley Also Present: Planning Coordinator Smick, Community Development Director Olson, City Attorney Jamnick, and Associate Planner Schultz 2. Schlawin requested comments on the minutes for July 11, 1998; there were none. MOTION by Rotty, second by Schwing to approve the minutes as shown. APIF, MOTION CARRIED. There were no public hearings scheduled for this meeting. 3. Planner Smick welcomed members of the Heritage Preservation Board to the meeting. Smick explained the intent of the meeting was to speak to the Commission concerning preservation in the community and the possibility of working together to reach common goals. Harby Tharldson and George Flynn were in attendance to speak in behalf of the Heritage Preservation Board. Both of the Commission's members discussed some of the studies and several of the goals identified by the Heritage Preservation Board. Those goals included: 1) Preservation in the downtown area through the assistance by the HPC of the review of new development plans; 2) the development of architectural standards for the downtown area; 3) information gathering for both commissions in order to create a better understanding of the duties and responsibilities of each group. Both groups agreed that these goals should be further studied and developed by staff and incorporated into the Comprehensive Plan. 4. Smick updated the Commission ofthe issue the TroyhiIl2nd Addition berm. Smick stated that the developer, the residents and the City agreed to modify the berm to allow for more adequate drainage and prevent erosion. Schwing asked if the modifications would handle the runoff in the residents' lots. Mr. Mann responded yes. The Commission and staff continued to discuss details of both the 2nd Addition berm and the future 4th Addition berm that may have the same drainage problems. 5. Planning Coordinator Smick introduced the discussion item for Glenview Townhomes. Smick explained that 18 residents were inadvertently left off the developers abstract list and were not notified of the public hearing. Chair Schlawin briefly explained that the Planning Commission has already forwarded their vote to the City Council but can forward additional recommendations if need be. . Smick gave a detailed presentation of the Glenview project for the benefit of the residents discussing some of the initial staff issues associated with it. Chair Schlawin opened the discussion up for public questions and comments. Andrea Smith, 3379 213tb St. W. - "If the road is up to our property line how close can we put up a fence?" Schwing- Up to your property line. Dave Olson added, as long there is not an easement, which may be unlikely in this area. Jackie Frankie, 3359 213th St. W., commented that there are no trees where the (emergency) road is, and requested some type of buffering. Jill Frankie, 3359 213tb St. W., voiced concern over kids cutting through the vacant lot along 213th St. and asked why can't the development be flipped so the townhomes are abutting Wausau. Todd Kavitz, Community Design Partners and the developer's engineer, responded that they were avoiding lining the housing along one row. Also, it is more beneficial to abut residential to residential than residential to industrial. Elaine Schultz, 3403 213tb St. W. - "Where will the buffer be along her property line?" . Jill Frankie - "What is the definition of multiple family?" Smick replied that density determines the number of units on a given piece of property Commissioner Rotty added by quoting the definition out of the City Code. Jackie Frankie - "What will the cost of the townhomes be?" Todd Kavitz responded that he did not know the price the developer has established. Dan Benham, 21228 Chippendale Ave. - "How deep the ponds will be?" Mr. Kavitz responded by explaining the depth of the ponds and their intent. The residents, the Commission and staff began a long discussion on when the residents along 213th St. will be connected to city sewer. City Engineer Mann briefed the public on the turn back of County Road 72 and the upgrade plans of that road and the services that will be provided to those residents located along it. Chair Schlawin guided the discussion back to the project at hand and informed the residents that the County Road 72 project is a separate project and will be able to voice questions at a separate public hearing. Andrea Smith - "What type of ponds will be constructed, natural or open?" . Lee Mann - "The ponds will probably be similar to the Prairie Water way." . . . Andrea Smith - "Will there be any sidewalks?" Lee Smick - "There will be trails instead of sidewalks, which will tie into the City trail system. " The Commission began attempting to pull the concerns of the residents together to be able to send them on to the City Council. Schlawin stated that there appears to be two issues: the buffering and the foot traffic through the empty lot. Brian Smith, 3379 213th St. W. added the concern of snow removal onto his property. Commissioner Rotty stated that the main issue appears to be buffering and questioned if the City could require the developer to add landscaping on private property. Dan Benham suggested a combination of trees and fencing. The Commission and the residents discussed the possibilities of adding both a fence and trees for buffering. The residents then expressed some disappointment that the developer could not be present to work out some of these issues immediately. The Commission went on to list the resident concerns as follows a) recommend an appropriate buffer between the development and the residents; b) snow removal on the development; c) recommend the Council consider restudying the location of the sewer line for the County Road 72 project; d) concern of foot traffic through the empty lot along County Road 72. MOTION by Rotty to forward all four resident concerns to the City Council, second by Larson. Vote: YES- Schlawin, Larson, Rotty; NO- Schwing, MOTION CARRIED. Staff explained the plat will be heard at the following City Council meeting. 6. Planner Smick informed the request of the Council for a joint workshop between the Council and the Commission. The Commission asked what topics would be discussed. Schlawin replied that there will be a prepared agenda for the workshop. Smick requested that if the Commission had any issues to contact her to add to the agenda. 7. There being no further discussion the Commission agreed to adjourn. Submitted by, Michael Schultz Associate Planner Approved . . . PLANNING COMMISSION MINUTES SPECIAL August 25, 1998 1. Chair Schlawin called the regularly scheduled meeting to order at 7:00 P.M. Members Present: Schlawin, Larson, Schwing, Rotty, Ley Members Absent: None Also Present: Community Development Director Olson, Planning Coordinator Smick, Director of Public Works/City Engineer Mann and Associate Planner Schultz 2. Schlawin requested comments on the minutes for July 25, 1998; there were none. MOTION by Larson, second by Schwing to approve the minutes as shown. APIF, MOTION CARRIED. Chair Schlawin opened all scheduled public hearings at this time. 3. Smick informed the Commission and residents that Independent School District #192 has withdrawn their conditional use permit application for the proposed Special Education/E.B.D. classroom at 821 3rd Street due to estimated costs in converting the building. Residents questioned if the School District could attempt to convert the building again. Schlawin responded that they have withdrawn the request at this time and a public hearing would need to be held again. MOTION by Schwing to close the public hearing, second by Larson. APIF, MOTION CARRIED. 4. Associate Planner Schultz presented the conditional use permit application from Heritage Development for an off-premise sign for the Nelson Hills Farm development to be located at well house site #4. Schultz stated that the Water Board granted permission to Heritage to locate on the property at their April 27, 1998 meeting. Schultz stated that staff s only recommendation would be to calculate the off-premise sign area into the allowed aggregate sign area for developments of over 30 acres in size. Commissioner Rotty asked Marv Weir (Water Board member in the audience) if there was a time deadline when the sign should be removed. Weir stated he did not know if a date was established. Mann responded that it would coincide with the Pilot Knob Road project. Further details of the sign relocation were discussed. Schlawin commented that it took the developer fifteen (15) days to remove the sign located within the right-of-way that the developer should wait fifteen (15) days to erect the off-premise sign. MOTION by Rotty to close the public hearing, second by Schwing. APIF, MOTION CARRIED. MOTION by Rotty to approve the conditional use permit for an off- premise sign conditional to the following: a) The applicant and the Water Board establish a contract outlining the date of removal for the sign; . . . b) That the sign be counted toward the aggregate square footage allowed for promoting development projects; c) The applicant apply and pay appropriate fees for a sign permit identifying the placement of the sign, meeting sign setback and size requirements and does not conflict with the off-premised sign for Pine Ridge Forest; d) The developer wait 15 days upon approval to erect the off-premise sign. second by Larson APIF, MOTION CARRIED. 5. Planner Schultz introduced to the Commission the conditional use/grading permit application from Heritage Development for the 7th Addition of Nelson Hills Farm. Schultz stated that the developer is seeking the permit to begin grading within the th Addition which would assist in completing work in the Sth and 6th Additions. Schultz continued by outlining the location of the grading area and the details of the permit for the Commission and residents present within the audience. Questions were raised concerning erosion control and completion of the grading. Engineer Mann stated that the erosion control is a requirement and that if the grading were to cease that the City would hold the developer to completing or restoring the area. Commissioner Schwing asked how long will the grading take. Bob Wiegert, developers engineer, stated it would take one (1) to two (2) months. Schwing questioned Tom Bisch, Heritage Development, concerning outstanding punchlist items within the development and why they haven't been completed. Bisch responded that some of the items are landscape related and that both the grading and the punchlist would be completed simultaneously. Discussion continued relating to the issues of the outstanding punchlist items. Chair Schlawin questioned when the sidewalk along 190th St would be completed to the trail. Mr. Bisch responded that it is their intention to have it completed by this fall. Commissioner Schwing asked when grading would commence. Mr. Bisch replied Monday if possible. Commissioner Lye asked if silt fence would be in place. Bisch repli~d ~es, it is part of the requirement~. .Bisch e~lained that the reason for the grading permIt IS to complete needed work wIthm the S and 6th phases of the development. Schlawin asked about wind blown erosion control. Bisch stated that the area would be seeded after grading. Steve Hoeg, 18705 Everest Path, voiced concern about the poor condition of the pond located at Everest Path and Explorer Way. Mr. Hoeg also questioned when the completion date of that pond would be when he was told it would be the end of June. Mr. Bisch responded that he has been in contact with City Engineer Sanocki concerning that pond and that the condition of that pond will be improved with the grading of the 7th Addition. Russ Swanson, 18695 Everest Path, voiced concern about the lack of a constant water level of the pond. . . . Tracee Aube, 18639 Explorer Way, added the same concerns of the water level of the ponds. Engineer Mann explained the leveling pipe located between the two ponds and how it effects the water levels. The Commission and Mr. Bisch continued to discuss at length the issues concerned with the Nelson Hills Farm development. The Commission asked when the punchlist items would be completed. Engineer Mann stated that there is a deadline of September 20th to have the engineering items completed. MOTION by Schwing to close the public hearing, second by Rotty. YES- None; NO- Rotty, Ley, Larson, Schlawin, Schwing. MOTION FAILED. MOTION by Schwing to continue the public hearing to September 8 Planning Commission meeting, second by Ley. APIF, MOTION CARRIED. 6. Associate Planner Schultz presented as discussion a possible variance for Tim and Kelly Dougherty at 517 Spruce Street. Schultz noted from the site plan that the variance would be closer to a 5 foot variance due to the garage overhang being approximately one (1) foot off the property line. Chair Schlawin asked the resident if they have considered moving the proposed garage back to meet the setback requirements. Tim Dougherty replied that he did not but felt the driveway would need to jog over too far and may be infeasible. The Commission and the resident continued to discuss issues and possible solutions to the situation. The discussion ended with the Commission giving the resident some direction in his situation. 7. Planner Smick presented as discussion a sketch plan for a cooperative housing project on the Cameron Woods property. Smick displayed a sketch plan and an elevation drawing of the buildings. Smick discussed the details of the plan and noted that the developer would need to rezone the property. Smick stated that the reason for this meeting was to get a feeling for this type of housing. Representatives of Wensman Homes were present to answer questions from the Commission. The Commission questioned the benefits of Cooperative housing and where it fit into the Liveable Communities Act for the city. The Commission also questioned if that location was right for this type of housing. Tom Sand, Wensman Homes, responded that this housing was not assisted living and these residents would be active. The Commission and the developer went on to discuss more details of the project. The developer suggested to submit more information on cooperative housing to help explain how it works. Commissioner Schwing requested to excuse himself from the meeting 8. Steve Schwanke and Mike Daniels of RLK, Inc. gave an overview presentation of the Community Profile and the Comprehensive Visioning Elements for the upcoming Comprehensive Plan Update. Mr. Schwanke explained the Visioning Elements were a summarization of the visions that were generated during the July 8th and 29th Visioning Workshops. Mr. Schwanke discussed the seven themes that were most recognizable during the workshops and gave a brief synopsis of each theme. Mr. Schwanke followed with discussion on determining the direction the city is heading at this point in the . . . Comprehensive Plan. A question and discussion session followed between the Commission, staff and the consultants. MOTION by Schlawin, second by Ley to forward to the City Council with a positive recommendation to review the Comprehensive Plan Elements. YES- Schlawin, Larson, Ley, Rotty; ABSENT- Schwing. MOTION CARRIED. 9. Planner Smick presented the revised Development Approval Process with the suggested addition of a flow chart. Comments were passed on concerning some of the language within the document and recommended some rewording be done before sending it to the City Council. MOTION by Rotty, second by Larson to forward it to the City Council for approval. YES- Larson, Ley, Rotty, Schlawin; ABSENT- Schwing. MOTION CARRIED. 10. There being no further discussion the Commission agreed to adjourn. Submitted by, Michael Schultz Associate Planner Approved . . . PLANNING COMMISSION MINUTES REGULAR September 8, 1998 I. Chair Schlawin called the regularly scheduled meeting to order at 7:00 P.M. Members Present: Schlawin, Larson, Schwing, Rotty, Ley Members Absent: None Also Present: Planning Coordinator Smick and Associate Planner Schultz 2. Schlawin requested comments on the minutes for August 11, 1998. Ley pointed out that he was not present at the meeting. MOTION by Rotty, second by Larson to approve the minutes as amended. APIF, MOTION CARRIED. Chair Schlawin opened all scheduled public hearings at this time. 3. Planner Smick presented the petition to amend the East Farmington P.U.D. Smick stated that staff is requiring that the developer show only 5 lots along both 12th and Spruce Streets to comply with the original P.U.D. plan and the layout existing property owners expected. Smick pointed out that proposed Block "E" will meet the requirement of five (5) lots. Planner Smick also is requiring the Developer show 4 lots along Walnut Street, Smick confirmed Block "F" will meet that requirement. Smick noted that the amended block designs meet the minimum requirement for an R-2 zoning district. Commissioner Larson: Was there a minimum common space requirement? Smick: There was not a minimum common space requirement. Smick added that the amended block designs also meet the maximum density permitted within R- 2 zoning district. Smick stated that staff is recommending approval of the amendment to be forwarded to the City Council. Schlawin recognized the developer, Rod Hardy, Sienna Corporation, to make his presentation to the public. Hardy stated that some modifications have taken place due to newly arisen concerns stemming from a resident meeting that was held to answer questions of this amendment. Hardy said that the concern that some current residents would not have the same type of access to the common open space as they thought they would. Mr. Hardy stated that the park space was increased in the modified block designs so those current residents would have the access to the parks that they believed they would. Kevin Roach, 703 11 th Street: When we purchased our lot we were promised access to the park space which was most of the residents concerns. Joy Eldred, 813 10th Street: The original P.U.D. plan had lots that matched up with the existing lots along 10th Street, but was excluded in the final plans and has never been revised to show that agreement. Chair Schlawin: I remember discussions involving that matter but staff has not been able to find any documentation on it, but I do remember that some continuity was supposed to be kept with the existing lots. . . . Commissioner Rotty: (asking Mr. Hardy) What is the purpose of the additional lots? Rod Hardy: The product that is being produced fits better with the smaller lots making them more efficient and keeping the (builders) costs down by reducing the lot prices which provides for more efficiency. Commissioner Schwing questioned the submittal of the revised plans at the public hearing and voiced concern for setting a precedent. Schlawin asked Mr. Hardy to address the concerns of Joy Eldred. Mr. Hardy responded that this was the first time that he has heard it in a public forum and would like some time to review it. Hardy stated he would rather not change the lot design (along the area in question) and that he would possibly suggest some landscaping between the two (neighborhoods), but will review the situation. Commissioner Rotty expressed that during the initial layout of this project that the City came to an agreement with the developer to have some larger lots within the development for a mix of lot sizes. Rotty and Mr. Hardy entered into a discussion over perceived increased density within the new block designs. Schwing asked the developer why he would change a successful project? Mr. Hardy argued that the purpose for the reconfigured block designs was to keep the product cost competitive. The Commission and the developer continued discussion over the proposed block designs and the issues at hand. The Commission noted issues against the amendment, those issues included; a) perceived increased density and the original approved P.D.D. block designs, b) the economic value to be gained by the developer should not be considered as part of the amendment argument, c) the Planning Commission feels that the language stated within the Development Contract allows the City to deny the developers request regardless of the City's zoning requirements. MOTION by Schwing, second by Larson to close the public hearing. APIF, MOTION CARRIED. MOTION by Schwing, second by Schlawin to forward a recommendation to not approve the petition for amendment for the East Farmington development based on issues listed above. APIF, MOTION CARRIED. 4. Planner Smick presented the preliminary and final plat for St. Michael's Catholic Church located at the southeast corner of the intersection of Ash St. and Denmark Ave. Smick briefed the Commission and public on the size of the site, surrounding land uses and zoning. Smick detailed the site plan of the church including driveway access onto County Roads, parking spaces, parkland dedication, storm water issues, use and size of the proposed buildings and the land use for balance of the remainder of the property and preliminary and final plat requirements concerning the outlots. Schlawin and Larson questioned the runoff direction and where it was ultimately draining to? Smick responded that the water was running overland to the north and eventually into the Vermillion River. Sunde Engineering, project engineers, added that the on-site ponding meets the 100 year flood standards and the runoff rate will be less than the existing runoff on the site. The Commission questioned the platted outlots on the site plan. . Smick explained that the outlots are not intended to be developed but replatting and fees would be required if future development . would occur. Smick stated staff is recommending that outlot B be struck and included in lot 1, block 1 due to sanitary sewer and water lines running through the outlot. Commission Rotty asked the church representatives to respond to the outlot B proposal from staff. Brian Beckfeld responded that the church recognizes that utility lines run through the lot and are willing to reduce the outlot to exclude it from the utility lines. Discussions continued over the future of outlot B as a possible rectory location. MOTION by Rotty, second by Schwing. APIF, MOTION CARRIED. MOTION by Schwing, second by Rotty to forward to the City Council a recommendation to approve the preliminary and final plat based on the following contingencies: 1. Revise the preliminary and final plat to remove outlot B and retain a ten-foot side yard setback between the Church and the northern line of outlot C. 2. Submit a Landscape Plan showing plant locations and type of plantings. 3. Approval by engineering staff of the design and construction plans for grading, storm water and utilities. 4. Contingent upon County approval, removal of the second access into the small parking lot area behind the church. APIF, MOTION CARRIED. . 5. Associate Planner Schultz presented the continued public hearing for conditional use permit application from Heritage Development to allow grading and excavation to occur on 23 acres within the 7th Addition of Nelsen Hills Farm. Schultz offered a brief overview of the application. Commissioner Schwing asked David Sanocki, Civil Engineer/City of Farmington the status of the progress of Heritage Developments punchlist items. Mr. Sanocki replied that all utility punchlist items have been completed, only the landscaping and the completion of the ponds have been completed in which a landscape surety will be posted for those items. The Commission asked the residents how the meeting with the developer concerning the ponds in the rear yard. Tracy Obe, 18639 Explorer Way: Agreed with completing the ponds to how they were proposed, she questioned what the timing of that completion would be. Schlawin: Could you fix the problem today without being issued a permit? Tom Bisch, Heritage Development: It would need to be continually dredged and would only be a perpetual maintenance problem if it is not taken care. Rotty: What is the timing of the completion of this project. Bisch: It depends on when the permit is issued and the weather. But it is the intention to have the grading and ponds completed this year. . The Commission, residents and the developer continued to discuss the details of the timing of the grading and what the original grading plan called for. Mr. Schwing asked the residents if . . . they understood that the ponds will be built to the original approved engineering plans. The residents understood that it would be. MOTION by Rotty, second by Ley to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Schwing to forward a recommendation to approve the grading conditional use permit to the City Council based on the following contingencies. 1. The developer grades the 7th Addition at his own risk. Future review of the street and utility plans for the 7th Addition may require adjustments to the grading. 2. Approval for the permit is contingent on approval of the grading plan by the City Engineering division. 3. The permit is not valid and grading cannot commence until the required surety is posted and the Developer pays the appropriate fees. 4. All of the information required by the Excavation, Grading and Mineral Extraction Information Sheet should be submitted prior to City Council approval of the permit. 5. That the Developer does everything within reason to complete the project this year. YES: Rotty, Larson, Ley, Schwing; NO: Schlawin. MOTION CARRIED. 6. There being no further business the Commission agreed to adjourn at 9:20 P.M. Submitted by, Michael Schultz Associate Planner Approved . . . PLANNING COMMISSION MINUTES SPECIAL September 22, 1998 1. Chair Schlawin called the regularly scheduled meeting to order at 7:00 P.M. Members Present: Schlawin, Larson, Schwing, Rotty Members Absent: Ley Also Present: Community Development Director Olson, City Engineer Mann, Planning Coordinator Smick and Associate Planner Schultz 2. Schlawin requested comments on the minutes for August 25, 1998. Chair Schlawin pointed out that on item #8 his name should appear on the "YES" vote. MOTION by Rotty, second by Larson to approve the minutes as amended. APIF, MOTION CARRIED. Chair Schlawin opened all scheduled public hearings at this time. 3. Planning Coordinator Smick began by suggesting that the agenda be modified in item #4 under Discussion items to accommodate the absence of Mr. Peters of Bonestroo Engineering. The Commission agreed with the new agenda order. Planner Smick presented the staff memo of the Autumn Glen development and discussed in detail some of the key planning and engineering issues. Smick made note of a list of concerns from residents located to the east of the development derived from a meeting in July; they included: a) protecting the trees on the hillsides; b) lot sizes; c) construction of homes on high water tables; and d) poor vehicular circulation. Smick responded to each concern. Smick stated that the developer is showing a one hundred seventy-five-foot (175') conservation easement in the rear of the lots along the hillside. Concerning the lot sizes and widths, Smick stated that the developer has increased some of the smaller lots and that these meet the minimum lot size requirements for an R-l zoning district. Smick pointed out that the developer is testing the site for high water tables and will continue to monitor the situation as required. Smick stated that the staff feels with the construction of 195th St. W. coupled with the proposed County Road 60 highway to the north of Farmington, that traffic circulation would be enhanced in this area. Staff recommended that the public hearing be continued to the October 13th Planning Commission meeting. Smick stated that there is some additional information that is needed for a complete review and that revisions need to be made per staff recommendations. Larry Frank, project manager for Arcon Development, gave a brief presentation of the development and some insight to the resident concerns. The issue of the conservation easement was discussed in how it will be enforced and by whom. The question was posed if the land should either be open space or City property. The Commission directed staff to research how a conservation easement works in other communities. The Commission continued with a question and answer session with the developer over some minor development issues. Chair Schlawin requested any questions or comments from the public. . . . Chuck Grill, 19189 Echo Lane: Why was the conservation easement not extended along the slope in Akin Park Estates? Larry Frank responded that because of the alignment of Embers Ave the lots would not be deep enough to provide a conservation easement; and added that a retaining wall will be constructed in that area. Bob Blomster, 5038 193rd St.: Will 195th Street be completed before the third phase is complete, because there is some concern oftraffic using 193r St.? Staff and the Commission responded that the City could only continue to petition the County at keeping 195th St on the County C.I.P. and that it might be impossible to guarantee when it will be completed. Sara Tidrick, 5018 193rd St.: Will the location of the trail change so it won't be so close to the homes because it makes it dangerous with the short driveways. Also, there is a drainage concern on my property will it become worse? Staff replied that they could work with the developer at jogging the trail. Staff added that they would need to work with both developers at resolving the situation. Commissioner Schwing added that the new developer shouldn't be required to solve the problem he just can't make it worse. A lengthy discussion began over minimum development standards, specifically storm water management in the City and what the City and staff are currently doing to correct these problems. MOTION by Schwing, second by Larson to continue the public hearing to October 13, 1998. APIF, MOTION CARRIED. 4. Questions from the Commission arose concerning the next public hearing for the grading permit application even though the previous public hearing was continued due to numerous planning and engineering questions. Planner Smick replied that an application could be applied for to grade and excavate land even if a plat is not being considered. Planner Schultz presented the staff memo for the conditional use/grading permit application from Mr. John Malinski in conjunction with Arcon development. Staff recommended approval of the conditional use/grading permit based on contingencies outlined by the Engineering Department. Schultz reiterated that the developer would be erecting silt fencing prior to the commencement of grading ifthe application is approved. Chair Schlawin opened the hearing for any questions or comments from the public. Cindy Godfrey voiced concern over approving the permit if there are so many outstanding questions. Staff replied that it is the developer's risk that the grades are subject to change from the approved plat. Although engineering staff is seeking additional information, a surety amount will be held to minimize the risk ofthe developer not completing the project. . . . MOTION by Schwing to continue the public hearing to the October 13th, 1998 meeting, MOTION DIED due to lack of second. MOTION by Larson to approve the conditional use/grading permit based on City Engineer Mann's contingencies, second by Schwing. Those contingencies area as follows: a) Approval for the permit is contingent on approval of the grading plan by the City Engineering Division. b) The Developer grades the site prior to approval of street and utility construction plans at the Developer's own risk. c) The permit is not valid and grading cannot commence until the required surety is posted and the appropriate fees are paid by the Developer. d) All of the information required by the Excavation, Grading and Mineral Extraction Info Sheet shall be submitted prior to City Council approval of the permit. YES- Larson, Rotty; NO- Schwing, Schlawin; Absent- Ley. MOTION DENIED due to lack of majority vote. The application will be forwarded to the City Council as a public hearing with a "No Recommendation" from the Planning Commission. The Commission took a 2-minute recess. 5. City Engineer Mann presented the Commission an introduction of the Comprehensive Sewer Policy Plan, the Water Supply & Distribution Plan and the Surface Water Management Plan. Mann stated that these documents are necessary for three reasons; the Metropolitan Council requires these components to be included in the Comprehensive Plan update, these documents are necessary as a guide plan for future growth and expansion of infrastructure, and it helps staff determine capital costs to the City. Mann turned the discussion over to Mr. Mark Rolfs of Bonestroo Engineering. Mr. Rolfs presented, in more detail, the Water Supply & Distribution Plan chapter of the Comprehensive Plan. The Commission and the consultant followed with a brief question and answer session. City Engineer Mann than presented to the Commission the Comprehensive Sewer Policy Plan. The Commission and the Engineer followed the discussion of the plan with a brief question and answer session. 6. There being no further business the Commission agreed to adjourn. Submitted by, Michael Schultz Associate Planner Approved . . . PLANNING COMMISSION MINUTES Regular October 13, 1998 1. Chair Schlawin called the regularly scheduled meeting to order at 7:00 P.M. Members Present: Schlawin, Larson, Schwing, Rotty, Ley Members Absent: None Also Present: Planning Coordinator Smick and Associate Planner Schultz 2. Chair Schlawin requested comments for the September 8, 1998 minutes. Two corrections were noted; a) the meeting was a "regular" scheduled meeting and b) item #5 a second to the motion needs to be added. Larson clarified that he had made the second. MOTION by Larson, second by Rotty to approve the minutes as amended. YES: Schlawin, Larson, Rotty, Ley; ABSENT: Schwing, MOTION CARRIED. (Schwing was excused briefly to handle a personal matter). (Schwing returned to the meeting at this time). 3. Chair Schlawin opened the scheduled public hearings at this time. Planning Coordinator Smick presented a letter from Larry Frank, Arcon Development, notifying the City of the company's request to withdraw the preliminary and final plat of the Autumn Glen development. Smick stated that the reason that Arcon is withdrawing it's submittal is that the process is moving along too quickly and that they would like to modify the development plans. Smick stated a new plan will be submitted shortly and was anticipating a meeting at the Planning Commission on November 10th, 1998. MOTION by Ratty, second by Schwing to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Schwing to accept the developer's withdrawal of the Preliminary and Final Plat and that a "No Decision" was made by the Commission on the original plat submittal. APIF, MOTION CARRIED. 4. Smick introduced Erik Peters, Bonestroo Engineering, who presented the Surface Water Management Plan chapter of the Comprehensive Plan update. Mr. Peters outlined the chapter for the Commission on what the overall intent and goals of the Plan were. Mr. Peters requested any questions or comments of the plan in which a lengthy question and answer session followed. Some of the Commission's main concerns were; the minimum standards of the Surface Water Management Plan and if it was adequate for the needs of the City; rate of storm water flows from neighboring communities; how the City controls it's own storm water flow rate and where and what methods those flows are controlled. MOTION by Schwing, second by Ley to adopt the Surface Water Management Plan to be included in the Comprehensive Plan. YES- Schlawin, Schwing, Larson, Ley; NO- None; ABSTAIN- Rotty. MOTION CARRIED. 5. Planner Smick informed the Commission of a special neighborhood meeting that was being held by Wensco, Inc. at the City Library on October 14, 1998 concerning the Cameron Woods Senior Cooperative. Smick explained that Wensco, Inc. is holding the meeting to answer resident questions and that this meeting is not affiliated with the City, though she will be attending to take notes for her own benefit. The Commission reiterated that the City should "stay at arms length" in situations similar to this. . . . 6. Smick presented the annexation interest of the Seed Family Trust and Genstar Land Co. of approximately 950 acres located east of the north half ofthe City to Trunk Highway 3 within Empire Township. Smick explained that the petitioner will annex 60 acres at a time through ordinance adopted by the City Council. The Commission questioned the process of the annexation and when and how the City will plan for that land and if it will be identified within the Comprehensive Plan. The Commission and staff continued at some length discussing the issues of the annexation and how it may affect the relationship with Empire Township. 7. Smick discussed the final draft of the Visioning Workshop sessions and what the overall results were. Smick briefly went over some of the key visions concerning each issue. She informed the Commission that the next step is the Neighborhood meetings that will be held in three different locations starting the following week. The Commission and staff discussed the document and the remaining schedule for completing the Comprehensive Plan update. 8. There being no further discussion the Commission agreed to adjourn. Approved I , / I 0 I t:( fI PlaARiRg C6HlHliJS;UH ChaIr . . . Planning Commission Minutes Special October 27, 1998 1. Members Present: Schlawin, Larson, Ley Members Absent: Rotty, Schwing Also Present: Planning Coordinator Smick, Associate Planner Schultz Chair Schlawin opened all three public hearings scheduled for the Planning Commission. 2. Planner Smick presented the staff memo on the Comprehensive Plan Amendment petition for the property known as Cameron Woods, located east and adjacent to the Pine Ridge Forest development. Smick stated that the applicant and property owner, Jack Benedict, is proposing to change from the current low-density residential designation to medium density residential. Chair Schlawin requested comments from the audience. Nancy Stein, 5550 Up. 183rd St. W.: stated that she along with many of her neighbors were happy to see that a senior living complex was being proposed behind their homes and added that Wensman Homes would do a good job. The Commission had added that this land use was better considering the unbuildable portions of the land. The Commission also noted that the traffic impact would probably be less considering that the cooperative is being marketed toward the elderly. The Commission did question the proximity to downtown. Smick responded that the project is being marketed for the active elderly and would not contain onsite health services. MOTION by Larson, second by Ley to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Ley to approve the Comprehensive Plan Amendment and to forward it to the City Council. APIF, MOTION CARRIED. 3. Smick presented the petition to rezone the 13.7 acres of the Cameron Woods property from R- 1 Low Density PUD to R-2 Medium Density PUD. Smick explained that this petition is a continuation of the just approved Comprehensive Plan Amendment. Smick stated that the proposed development for the property would consist of two 41-unit buildings. The gross dwelling units per acre would equal 6 units/acre while the R-2 PUD allows for 7 units/acre. Chair Schlawin requested comments from the audience. There were none. The Commission had some brief comments toward the project and the proposed zoning. The Commission also agreed that the proposed zoning was a compatible designation and that most of the remainder of their questions will be directed during the next public hearing concerning the preliminary plat. MOTION by Larson, second by Ley to close the public hearing. APIF, MOTION CARRIED. MOTION by Ley, second by Larson to approve the petition to rezone the property from R-l PUD to R-2 PUD and forward it to the City Council. APIF, MOTION CARRIED. 4. Planner Smick presented the Preliminary Plat of the Cameron Woods Senior Living Cooperative. Smick stated that the development would consist of two 41- unit buildings that would be marketed for residents' 62 years and older. . . . Smick added that the buildings would be situated on two lots of 3.39 and 2.81 acres. Smick also pointed out that Outlot A consisting of 1.72 acres would be dedicated as park space and that Outlot B would be gifted to the City in the name of Mr. Benedict. Smick went into explaining to the Commission the concept of cooperative housing. Planner Smick stated that the developer would be responsible for extending both Endeavor Ave and Euclid St. outside the property boundaries; this is due to the previous developments both north and south of the subject property not being granted temporary construction easements from the then current property owner. Smick went on to state that the Engineering Division has determined that there are significant revisions that need to be made to the storm water management ponds and that future discussions must take place before the Planning Commission acts upon the Preliminary Plat. Chair Schlawin requested comments from the audience. There were none. Schlawin questioned whether the developer should pay for the costs of connecting the roads outside the boundaries and stated that the developer to the south should still be held responsible for that connection. Smick replied that the same situation existed in the Charleswood development in which Genstar was responsible for the 195th St. extension to their property boundaries. Commissioner Larson asked what type of engineering questions still existed. Smick replied that the main issue was the location of on-site ponding in relation to the elevation of the buildings and the underground parking. Smick added that alternative locations have been identified. Tom Sand and Kelly Murray of Wens man Homes gave a brief presentation of the project and the concept of a cooperative. The Commission had several more general questions and comments on the project. MOTION by Larson, second by Ley to continue the public hearing to the November 10, 1998 Planning Commission meeting due to the number of engineering questions. APIF, MOTION CARRIED. 5. Planner Smick updated the Commission on the Seed Family Trust/Genstar Company annexation of their property located east of the north half of the City. Smick stated that the initial petition consisted of 60 acres in the south portion of the property. The Commission and staff continued to discuss the issues of annexation and when and how it will be shown in the City's Comprehensive Plan update. 6. There being no further business the Commission agreed to adjourn. Approved ) ;;1 f{ /1 f . . . Planning Commission Minutes Regular November 10, 1998 1. Chair Schlawin called the regularly scheduled meeting to order at 7:00 P.M. Members Present: Schlawin, Schwing, Larson, Rotty, Ley Members Absent: None Also Present: Planning Coordinator Smick, Associate Planner Schultz 2. Schlawin requested comments from the Commission on the minutes for September 22, 1998. Schlawin noted that the word "regularly" should be stuck and replaced with "special" in line I of section 1. No other comments were made. MOTION by Rotty, second by Schwing. APIF, MOTION CARRIED. Schlawin requested comments for the minutes of October 13, 1998. There were none. MOTION by Rotty, second by Schwing. APIF, MOTION CARRIED. Chair Schlawin opened all the public hearings scheduled for the November 10, 1998 Planning Commission meeting. 2. Planner Smick began the continued public hearing for the Cameron Woods Senior Living Preliminary Plat from the October 27th Planning Commission meeting. Smick informed the Commission that the developer's engineer would not be able to submit the revised plans by November 9, 1998. Smick added that as of this time those plans still have not been submitted and that it is staff's recommendation to continue the hearing to the November 24th meeting. Commissioner Rotty asked if the hearing could be pushed to the first meeting in December due to the Thanksgiving holiday week. Smick stated that a public hearing notice has been submitted to the Farmington Independent but could possibly be pulled before printing. The Commission agreed that the special meeting in November should be canceled due to the holiday week. The Commission and staff briefly discussed what problems are holding up the project. MOTION by Rotty, second by Ley to continue the public hearing to the first meeting in December. APIF, MOTION CARRIED. 3. Smick presented the conditional use permit for Oak Place Townhomes located between Lampart's Lumber and Burger King. Smick explained that the proposed project would consist of 6 townhome units within a B-2 zone, which is a conditional use. Smick informed the Commission that the proposed use meets all the requirements in the zoning code. The Commission questioned Mr. Garvey about some the details of the project and the property. Larson asked if the bituminous road to the east would be utilized. Mr. Garvey informed the Commission that that is City property. Sharon Willis, 105 Oak St.: What will the project do to our property values and will it effect our property taxes. . . .. . Chair Schlawin responded that the Commission could not answer those questions. Mr. Garvey added that these units are slab on grade townhomes marketed toward persons 55 years and older. Commissioner Rotty added that since this property is zoned B-2 that this use might be more desirable. Ken Kuchera, 1317 Fairview: Could six more additional townhome units be added in the rear of the property. Collin Garvey responded that because of the requirement to pave the alley it would not be feasible to do that. Rotty commented that this type of land use would be acceptable due to the lack of access for a commercial use although there is commercial to the north and south. The Commission and staff began a long discussion concerning the option of rezoning the property to an appropriate zone instead of a conditional use permit. It was noted that the property has been rezoned several times in the past between high density and business. MOTION by Rotty, second by Schwing to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Larson to approve the conditional use permit contingent upon any unresolved engineering and planning division issues. APIF, MOTION CARRIED. 4. The Commission and staff briefly discussed the progress of the Comprehensive Plan update and the upcoming joint City CounciI/Planning Commission meeting on November 18, 1998. 5. There being no further business the Commission agreed to adjourn. ;KdjJ4- Michael Schultz ~ Associate Planner Approved /1 /" /'i~ I . . . Planning Commission Minutes Regular December 8, 1998 I. Chair Schlawin called the regularly scheduled meeting to order at 7:00 P.M. Members Present: Schlawin, Schwing, Larson, Rotty, Ley Members Absent: None Also Present: Community Development Director Olson, Planning Coordinator Smick, Associate Planner Schultz, Public Works Director/City Engineer Mann 2. Schlawin requested comments from the Commission on the minutes for October 27, 1998. Commissioner Ley noted that his name was improperly spelled. No other comments were made. MOTION by Larson, second by Ley. Yes- Larson, Schlawin, Schwing, Ley; Abstain- Rotty. MOTION CARRIED. Schlawin requested comments for the minutes of November 10, 1998. Commissioner Ley noted that his name was improperly spelled. There were no other comments. MOTION by Rotty, second by Larson. APIF, MOTION CARRIED. Chair Schlawin opened all the public hearings scheduled for the December 8, 1998 Planning Commission meeting. 3, Planning Coordinator Smick presented the Cameron Woods Preliminary Plat. Smick pointed out several issues that were discussed on November 2, 1998 between City Staff and the developer. Planner Smick also noted that some minor changes have taken place on the plat, notably the placement of storm water retention ponds and the buildings themselves. Smick pointed out there were some issues with one of the storm water ponds which resulted in removing the one pond and enlarging other ponds and also shifting the building pads. Smick noted that a fifty-foot (50') buffer still remains between the proposed building and existing lots to the north. Tom Sand, Wensco Inc., gave a brief presentation on the remaining issues, mainly concerning the lack of road connections both north and south of the project. The Commission and staff discussed the issue of the road construction and how it should be properly diagramed on the plat. Commissioner Rotty asked what the purpose of Outlot B was? Smick stated that Jack Benedict, the current property owner, is planning on gifting that property to the City because it is essentially unbuildable due to steep slopes. MOTION by Schwing, second by Larson to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Schwing to approve the Preliminary Plat of Cameron Woods contingent on: a) that the connection of Euclid St. be diagramed and/or documented by the developer and that the City participation for funding portions of the construction outside of the project property boundaries be determined by City Council; b) and any other City Staff issues that may be unresolved; APIF, MOTION CARRIED. 4. Associate Planner Schultz presented the Preliminary and Final Plat for the East Farmington 5th Addition. Schultz made note to the Commission that the plat represents the new block designs from the P.U.D. amendment from earlier in the year. Schultz also explained that the lots would line up with existing lots from the third addition. Planner Schultz explained to the Commission that the reason for the smaller than typical plat was because of the need for model homes by builders. Schultz also explained all utilities are currently in place for the proposed lots though none of the side streets will be constructed during this phase of the development and will be included and constructed during the sixth addition. Schultz outlined the requirements for construction by the Engineering Division. . Commissioner Rotty reminded the Commission his position on the block reconfigurations made during the P.U.D. amendment. A lengthy discussion ensued concerning the future grading of the blocks, placement of utilities and the construction of roads. Commissioner Larson voiced concerned over the placing homes on partially constructed blocks. Rod Hardy, Sienna Corp., confirmed that the homes are models and will not be occupied and agreed that the City could restrict occupancy of the homes until the blocks are completed within the sixth addition. David Langenberger, 1313 Walnut St.: Any particular time frame for when these homes will be constructed? Rod Hardy: There is no way to tell the time frame of the builders. Schlawin requested any more comments or questions from the public or the Commission. There were none. MOTION by Schwing, second by Rotty to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Ley to approve the Preliminary and Final Plat for East Farmington 5th Addition contingent to the following 1. that all Engineering specifications are met; and 2. all homes constructed within the 5th Addition remain as models until all the blocks are completed to final grade with utilities in place within the sixth phase of development. . YEs: Schwing, Schlawin, Ley, Larson; NO: Rotty. MOTION CARRIED. 5. Planner Smick presented the variance application for John Devney for property located at 5788 212th St. W. Smick explained that Mr. Devney is seeking a variance from the minimum lot size of forty acres required within an A-2 zoning district. Smick cited the hardships determined by staff. Discussion pursued over clarifications within the report concerning the hardships. The Commission felt that this property met the requirements of a hardship and added that this supports the continuation of farming within the community. MOTION by Rotty, second by Schwing to close the public hearing. ~APIF, MOTION CARRIED. MOTION by Schwing, second by Larson to approve the variance for lot split. APIF, MOTION CARRIED. 6. Planner Schultz presented the home occupation application for David and Katherine Wessing at 20228 Akin Rd. Schultz explained that the applicants would open a dog grooming service within the home. Schultz stated that the applicants met all of the requirements outlined within the ordinance. The Commission asked the applicants some general questions concerning the operation of the proposed business. Commissioner . . . . Rotty asked the applicants if they were aware of the restricted signage. Mrs. Wessing said she was not. Staff explained that a separate conditional use permit would be required for any off-premise directional sign. MOTION by Rotty, second by Schwing to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Schwing to approve the conditional use/home occupation permit. APIF, MOTION CARRIED. Commissioner Schwing requested the Commission take a five-minute recess. Chair Approved. 7. Planner Smick proposed to combine the current item, application to amend the Comprehensive Plan, and the next item, application to rezone, for the property located at 821 Third Street in her presentation. Smick gave a brief background of the building and it's previous uses. Smick continued to explain the current tenants and the violations that were discovered by the City Fire MarshalJ concerning expansion of office space without a permit. Planner Smick posed arguments to amend the Comprehensive Plan and rezone the property; they included a) The building has been in existence since the 1960's and the neighborhood is aware of the facility. b) The building structure is sound and the space is extensive to allow for the attraction of office/commercial space close to the downtown area. c) The Airlake Ford auto repair shop could continue its operation in an enclosed space as long as the operation remains indoors. Chair Schlawin asked for clarification on the basis that if the Comprehensive Plan Amendment does not pass the rezoning is a moot point. Smick replied that was correct. The Commission and staff continued to discuss the history of the property and its current state at this time. Peggy Schmidtke: 719 3rd 8t.- Why is staff in favor ofthe rezone? Smick replied it is the only solution to make the building viable for commercial use. Staff discussed with residents the various current business zones and what permitted and conditional uses would be allowed. Dave Kennedy, 312 Maple St., voiced concern over the current tenants, environmental concerns and the amount of truck traffic that is used in the alJey. Lyle Schmidtke: 719 3rd St.- Could you limit the type of uses if rezoned to B-2 because it is within a residential district? Commissioner Rotty responded that that solution wouldn't be alJowable and suggested that a new zone be researched by staff. Rotty continued by stating that by creating a new zoning district it could appease the owners and neighborhood residents. The discussion continued over researching and creating a new zoning district and what actions would be necessary by the Commission at this time. A few of the residents recommended setting up a meeting with the. property owner to discuss what possible uses would be viable. Commissioner Larson recommended to Don Hunter, one of the property owners, to set up a neighborhood meeting. . MOTION by Schwing, second by Rotty, to continue both the public hearings to amend the Comprehensive Plan and Rezone the property at 821 Third Street until January 12, 1999. APIF, MOTION CARRIED. 8. Chair Schlawin stated that because of the actions taken during the previous public hearing that this item will also need to be continued. MOTION by Schwing, second by Larson. APIF, MOTION CARRIED. 9. Planner Smick presented the proposed amendment to Section 11-4-5: Erosion and Sediment Control. Smick highlighted the changes that would be made and how it would effect homebuilders and other construction within the City. The Commission questioned staff on several of the changes and how it is currently enforced. Staff responded that erosion control at this time was only a policy and that silt fencing was being indicated on surveys of new building permits. Commission and staff continued to discuss other aspects of the proposed ordinance. MOTION by Rotty, second by Schwing to close the public hearing. APIF, MOTION CARRIED. MOTION by Schwing, second by Rotty, to forward the ordinance as amended to the City Council for approval. APIF, MOTION CARRIED. 10. Smick updated the Commission on the Comprehensive Plan and requested to schedule a special meeting to review components of the plan. A meeting on December 22, 1999 was established to discuss such items . 11. Randy Merkens of 19080 Echo Lane asked the Commission and staff the current status of 195th Street. The Commission and staff informed Mr. Merkens of a recent staff meeting with County staff and what the their position is concerning the extension of 195th Street to Trunk Highway 3. Discussion continued on the issue of 195th Street with no resolution. 12. There being no further business the Commission agreed to adjourn. Approved . . . . Planning Commission Minutes Regular January, 12 1999 1. Chair Schlawin called the regularly scheduled meeting to order at 7:00 P.M. Members Present: Schlawin, Schwing, Larson, Rotty, Ley Members Absent: None Also Present: Community Development Director Olson, Planning Coordinator Smick, Associate Planner Schultz, Public Works Director/City Engineer Mann 2. Smick informed the Commission that the December 8, 1999 minutes will be distributed during the next regularly scheduled Planning Commission meeting for approval. Chair Schlawin opened all the public hearings scheduled for the January 12, 1998 Planning Commission meeting. 3. Planner Smick began the continued public hearing by revisiting some of the information concerning the application to amend the Comprehensive Plan and rezone from R-2 (Medium Density Residential) to B-2 (General Business) for 821 Third Street. Smick reported her findings on the meeting that was held between the property owners and the residents held on January 7, 1999. Those findings include resident concerns over noise, business hours, outdoor storage of cars and parts and only for the priming of cars concerning Airlake Ford and also concerns of outdoor mixing and dumping of powders and materials concerning the veterinary lab. Smick went on to outline staffs recommendations that included considering adopting a new business zoning designation and for the applicants to withdraw the Comprehensive Plan Amendment and to apply for a conditional use permit for a change of non- conforming use. Chair Schlawin opened the hearing for public comments. Dave Kennedy, 312 Maple St., voiced concern over the air quality if priming of vehicles were permitted. Staff and the public followed with questions and answers over air and ground quality testing. All parties discussed the different scenarios to approach the existing application and what needed to be done after the appropriate actions were taken. Commissioner Rotty suggested that staff and the applicants have continued discussions to clarify what needs to be done. Community Development Director Olson and the applicants excused themselves from the hearing to discuss their options. Planner Smick moved on to the next Public Hearing item (see #4). Community Development Director Olson and the applicants returned to the Public Hearing in which the applicants voiced their desire to withdraw their application to amend the Comprehensive Plan and to rezone the property to B-2 (General Business). The applicants wished to continue with the Conditional Use Permit to recognize the Airlake Ford repair facility as an illegal non-confonning use. 4. Smick introduced the proposed amendment to Title 10 of the Farmington Zoning Ordinance, Section 10-1-4 concerning new definitions of "Day Care Facilities", "Residential Car Facilities", "Personal and Professional Services" and "Neighborhood Services". Smick also stated that the amendment would also include changes to 10-3-1 and 10-3-2 pertaining to "Clinics" as permitted uses and certain "Residential Care Facilities" as conditional uses in the B-1 and B-2 districts. . Smick stated that because of the situation with the new B-4 Neighborhood Business district that staff is recommending to continue the public hearing of the text amendments to the March 9, 1999 Planning Commission meeting. Chair Schlawin asked the Commission if there were any questions or concerns about the amendments. There were none, but Schlawin did inform staff to research some current State Legislative action that effected day care facilities. MOTION by Schwing, second by Larson to continue the public hearing to the March 9, 1999 Planning Commission meeting. APIF, MOTION CARRIED. 5. Planner Smick presented to the Commission the latest Comprehensive Plan map for the Comprehensive Plan Update. Smick discussed the previous concerns from the Commission and how those changes were made related to the map. Commission and staff also discussed having the commercial area removed from the northwest corner of Denmark Ave and Ash Street. Questions and discussion followed over other land use designations and possible alternatives. No other corrections were made. MOTION by Schlawin, second by Schwing to adopt the Land Use Plan as an element of the Comprehensive Plan Update and forward it to the City Council. APIF, MOTION CARRIED. . 6. Planning Coordinator Smick introduced the proposed Landscape Ordinance amendment to the Zoning Code. Smick requested that the Commission take some additional time to properly review the ordinance because continued discussions would return at either the February or March Planning Commission meeting. Smick briefly discussed comparisons to other communities and touched on some of the major changes in the proposed ordinance revision. Discussion ensued over some of the points being presented. The Commission agreed to continue to review the proposal and bring any issues back to a future meeting. 7. Smick introduced staff's report on amending the Zoning Ordinance for the newly proposed B-4 Neighborhood Business District. Smick stated that the new zoning district stemmed from previous discussions with the Commission and that an additional business district was needed that would serve residential areas on parcels three acres or less. Smick noted to the Commission the comparisons made to surrounding communittes and the staff's net result. The Commission and staff discussed the proposed permitted and conditional land uses and the appropriateness of each. Some Commissioners voiced concern over the "no gasoline sales" and limiting the size of Neighborhood Convenience stores. It was discussed that the trend is opposite in that most, if not all convenience stores had gasoline sales. Comments were also given. on restaurants and sale of alcohol, staff noted the concern and would make the change. Commissioner Schwing suggested moving . . numbers two (2) and four (4) of the permitted uses down to conditional uses. The Commission agreed. Further comments from the Commissioners were noted by staff in which the Commission agreed that staff would be given the opportunity to make the necessary changes to the proposed B-4 Neighborhood Business District and return it to the next regular Planning Commission date. Submitted by, Michael Schultz Associate Planner Approved k ~ 9, /191 . .