HomeMy WebLinkAbout4/11/06
.
.
.
Planning Commission
Minutes
Regular Meeting
April 11, 2006
1.
Call to Order
Chair Rotty called the meeting to order at 7:00 p.m.
Members Present: Rotty, Barker, Fitzloff, Johnson, Larson
Members Absent: None
Also Present: Kevin Carroll, Community Development Director; Lee Smick,
City Planner; Tony Wippler, Assistant City Planner
2.
Approval of Minutes
a) March 14,2006
MOTION by Larson, second by Barker to approve the March 14,2006 minutes.
Voting for: Rotty, Barker, Fitzloff, Larson. Abstain: Johnson. MOTION
CARRIED.
3.
Public Hearings
a) Swanson Acres Preliminary Plat
Applicant: Double E Development
The property is located at 20441 Akin Road. Akin Road is to the east and the
Middle Creek Historic Cemetery and Middle Creek Estates is to the south. The
trees in the area are fairly small and will be removed. The developer is proposing
seven lots off of Akin Road. They meet the zoning requirements of 10,000 sq. ft.
lots and an R-l zoning. The cul-de-sac will be 235 ft in length off of Akin Road.
A storm water pond will be located on the property. They will be cutting into the
hill. It is a 48 ft. fall from the top to Akin Road. Regarding the cemetery, which
is a Heritage Landmark, the developer met with the Heritage Preservation
Commission. The HPC has four requirements:
1. Mr. Robert Vogel, HPC Consultant, should be notified by the developer
when grading near the cemetery starts so he can monitor the grading to ensure the
cemetery is protected and no burial sites are on the Swanson property.
2. If work is not being done near the cemetery the area should be flagged in
order to protect it.
3. A 4-ft, black, vinyl, chain-link fence should be installed on the Swanson
property adjacent to the cemetery. There will also be a fence where there is more
than a 4 ft. fall.
The landscape plan meets the requirements except the evergreen trees should be
replaced with deciduous trees around the pond. Retaining walls are proposed on
the west and south sides. A retaining wall 4 ft. or taller should be structurally
engineered. Staff recommended approval with the following contingencies:
Planning Commission Minutes
April 11, 2006
Page 2
1.
The satisfaction of any engineering requirements including the
construction plans for grading, storm water and utilities.
The evergreen trees need to be changed to deciduous trees surrounding the
pond.
The satisfaction ofthe HPC requirements.
A house currently exists on the site and a demolition permit is needed.
.
2.
3.
4.
Mr. Gene Rodbom, 20250 Eaves Court, had a question regarding their property
line. He asked if someone could actually walk the line with them so they know
where their property line is. When they bought the home they were told it goes
into the woods and would like to know where it is. The developer noted the pins
have been found and will install some stakes along the line. Mr. Rodbom noted
they have pine stakes in their yard. He would like to have a painted line in his
yard.
Ms. Patricia Haley, 20521 Akin Road, asked about the value of the homes being
constructed. The developer stated they will be $400,000 - $500,000. She then
asked about the retaining wall on the south side. The developer replied it will be
a boulder wall. She asked if the property facing them would be down and not
looking directly into their windows. The developer stated they will be below their
house.
Ms. Holly Ingling, 20334 Eaves Way, had a copy of her property survey and they
were trying to determine the property line. The developer noted there will be a .
rod in the ground with a lathe stake. She stated she is the lowest lying home in
the area and her house is a rambler with a full finished basement. She was
concerned with the grading since the woods have been there for awhile. She
understood one house will be a walkout basement as opposed to a look out
basement. The developer noted where the old house is will be a walkout. Ms.
Engling was concerned about the grading and getting water in her house. The
developer replied engineering has reviewed the plans and everything in the
backyards will drain to the front. Ms. Engling asked if the woods will remain.
The developer stated most of the woods will come down. If a retaining wall is
needed, the developer will install one.
Commissioner Larson asked with a walkout lot, if they will be able to drain the
water to the front. The developer and engineering have said it will work.
Commissioner Larson noted most of the trees will come down, but they are not
the most desirable trees. Instead of flagging around the cemetery, he suggested
putting up a construction fence.
Chair Rotty thanked the residents for their interest and concern. This plat meets
all the ordinances. He realized it is a change for the area and will add to the
traffic. If the residents question anything that is happening, they should contact
the City while the construction is taking place. MOTION by Johnson, second by
Barker to close the public hearing. APIF, MOTION CARRIED. MOTION by .
Planning Commission Minutes
April 11, 2006
Page 3
.
Larson, second by Fitzloffto approve with the contingencies. APIF, MOTION
CARRIED.
c)
Comprehensive Plan Amendment from Non-Designated to Commercial and
Rezoning from A-1 to B-1
Applicant: 6 properties; City of Farmington
Comprehensive Plan Amendment from Non-Designated to Commercial and
Rezoning from A-1 to B-3
Applicant: Tracy Bauer; City of Farmington
These properties are located along 220th Street east ofhwy 3. The properties were
annexed into the City on November 15, 2004 and all have been hooked up to
sewer and water. The total area is 8.5 acres. This was part of the Joint Powers
Orderly Annexation Agreement and the properties were annexed as part of the
Ash Street project.
b)
.
Parcel 6 is a single-family home. Staff is proposing to amend the comp plan from
non-designated to commercial and rezone from A-I to B-1 highway business.
The parcel is 3900 sq. ft. Parcel 7 is three commercial uses in one building. The
lot area is 4400 sq. ft. The northern portion of the building is used by Townsedge
Barbers and they are a permitted use in the B-1 zone. Also in the building is
Northwest Auto Sales which is a conditional use in the B-1 zone. The southern
portion is used by Parkway Collision. This is considered major auto repair and is
not included in the B-1 zone. This portion of the property would be considered a
legal non-conforming use. The business can be utilized as it is presently, but
cannot be expanded. The City is very interested in the major entrances into the
City and this is one of them. Parcel 8 contains two buildings. One is the former
Cannon Log Home. A business is interested in moving into this building which
makes monolithic panels. As this type of business is so similar to the Cannon Log
Home business, they will be a legal non-conforming use, but will not be able to
expand. The next building to the south is Star Automotive. This is considered
major auto repair and is not allowed in the B-1 zone, but is a legal non-
conforming use and cannot expand. Parcel 9 is a single-family home. Parcel 10
is a vacant building. The lot is 4600 sq. ft. Semi's are currently stored on the
property. Parcel 11 is c.R. Fisher Company. There is an office building and a
number of trucks screened by a 6 ft. wooden fence. An office is an allowable use
in the B-1 zone.
Because of the major entrance into the City, staffrecommends a comp plan
amendment from non-designated to commercial and a rezone from A-I to B-1
highway business.
.
Mr. John Luckow, owner of parcel 7, stated Parkway Collision and Northwest
Auto Sales are the same business. The shed in the back is cold storage. He stated
he did not know about this meeting until Sunday night. Staff noted every
property within 350 ft. was notified. He felt even 2 or 3 days is short notice.
Chair Rotty noted the mailing list is complete. Mr. Luckow stated his concern is
Planning Commission Minutes
April 11, 2006
Page 4
he built that building himself in 1976. It was a conforming use in Castle Rock. .
He was concerned with the zoning change to B-1 and said it would restrict the
future use of his property. He did not envision the City opening their checkbook
and buying him out if one of his renters should leave and another could not come
in because of the zoning. Commissioner Larson asked if another body shop
wanted to come in, would they be allowed to and be considered a legal non-
conforming use. Community Development Director Carroll felt it would go to the
ownership, not the tenant. If the current tenant leaves and another one comes in
with a similar use, the property owner is still using the property for the same use.
This would be a staff determination. City Planner Smick noted ifthe use has been
discontinued for a year, it has to go to a B-1 zone. So someone would have to
come in within a year. Mr. Luckow proposed it should be rezoned to B-3. If it is
re-zoned to B-1 he would not be able to find a business to use a large open
building and felt it would devalue his property. Chair Rotty clarified that Mr.
Luckow would like a B-3 zoning so iftenants in the building have to change there
would be more opportunity and flexibility for tenants.
Mr. Richard Hanson, owner of parcel 8, was concerned with the B-1 zoning as
there is no use for the buildings outside of their current use. He stated non-
conforming use permits have a way of going away a few years down the line. If
they wanted to sell the property, no one will want to buy it if the buildings are
worthless. If a renter moved and he sold the property, the non-conforming permit
would not be good. Community Development Director Carroll clarified there is
not a permit. It is considered a legal non-conforming use which means the staff .
and the Planning Commission have agreed that use will continue. If someone
proposes the same use, it would be allowed to continue. An exception would be if
the property remains vacant for a year. Staffwas trying to keep in mind the best
long term use while at the same time accommodating uses that are already there.
Mr. Luckow stated if someone wants to buy the property they could zone it
anyway they wanted to. Until that happens he has to be able to rent it out to
anything that applies under the B-3 zoning rather than B-1. His buildings are
built for that type of business. You cannot modify that type of a building for B-1
uses. Mr. Hanson felt the property should be zoned B-3 rather than B-1.
Mr. Curt Fisher, C.R. Fisher & Sons, owner of parcel 11 , stated when they bought
the property 7 years ago that portion of Castle Rock was changed from ag to
commercial in Castle Rock Township. Historically municipalities like to go from
a less restrictive zoning to more restrictive. If it is B-3 they like to go to B-1 later
on. Economics will drive what will happen with these properties. He wanted to
protect his investment for his use. Ifhe went out of business, a similar business
would make the best use ofthe way the shop is built. The B-1 would constrain
that use. He noted it was said the property can continue in the same use, but is
that ifhe owns the property or can he sell it to someone. Community
Development Director Carroll stated comp plan issues and zoning issues start
with the Planning Commission who makes a recommendation, but the Council
makes the final decision. Staffs view is that if Mr. Fisher remains and he .
Planning Commission Minutes
April 11, 2006
Page 5
.
changes tenants, that is acceptable. Staffwas not sure ifthat changes if the
ownership changes. Mr. Fisher then mentioned the Ash Street project and the
sewer and water running along the edge of his property. He asked staff at that
time ifhe would be able to add another stall onto his shop and he was told yes.
He wanted to clarify that tonight he was hearing he could not expand the business.
Chair Rotty stated that is correct. He stated he received the answer from
Engineering but understood it was discussed by others in the Building Department
and relayed to him through Engineering. Mr. Fisher was disappointed with this.
He noted the property adjacent to this is B-3 and felt it would make sense to zone
his property B-3. In the long run, he felt this area will be redeveloped, but for the
short term he wanted to maintain his ability to do what he wants to do with his
property with the most liberal zoning available. Mr. Fisher noted the paperwork
stated he has two box cars on the property. He does not have box cars in his yard.
He does have one portable storage container. They are not a walk-in trade
business. They are a contractor. The office is for the main staff, bookkeeping,
etc. The building in the back is for equipment maintenance. The yard is for
winter storage.
.
The owner of parcel 9, stated his home has been there for 30 years. He asked how
much difference the rezoning will make on his taxes. Staff noted the property
taxes are determined by the structure on the land and not the zoning. It was
suggested he call the Dakota County Treasurer and speak to an assessor. He
asked ifhe sells the property it would be zoned B-3. The Commission noted that
has to be determined.
Mark and Sue Thieron, owner of Interstate Battery, noted they would prefer their
property be a B-3.
.
Commissioner Fitzlofffelt for what is in the area now B-3 is fine, but long term
we do not know what the plan is. City Planner Smick stated staff sees a retail-
type use rather than heavy business. Commissioner Fitzloff felt short-term it
could be B-3, but long-term it should be B-1. Commissioner Barker had some
concerns and would like some legal answers in terms of in the future whether it is
a tenant or a property owner, before a determination is made. Commissioner
Johnson agreed there are some legal questions that need to be answered. As some
of the owners already understand, if someone buys the property it will not be for
the actual building, it will be for the amount of property. With conditional uses, it
opens up another opportunity for businesses to come in. He understood the
concerns, but felt B-1 is appropriate. It adds a lot of opportunity for the owners in
the future. Commissioner Larson felt they need to table this and take a hard look
at it and determine legally what can and cannot be done. He wanted to find out as
far as Mr. Fisher who, if, and when that statement was made to him. It had to be
last summer he was told he could expand his business and now we are saying he
cannot. That probably had something to do with him coming into the City, and
paying the fee to hook up to sewer and water. He felt they needed to figure out
what is going on before any decision is made. Chair Rotty thanked the property
Planning Commission Minutes
April 11, 2006
Page 6
owners for coming. Their comments enlightened the Commission. Chair Rotty
was not sold yet on B-3, but felt they should look at the exposure of options if
they were to go with B-3 instead of B-1. The downside of staying B-1 is there are
four property owners that would be legal non-conforming, not that you cannot do
anything with that, but it limits you. There are also four properties that are okay.
.
Mr. Luckow noted on the recently annexed Garvey property on the southeast
comer, he asked what the zoning is. He was referring to the Farmington Business
Park. City Planner Smick replied that was zoned B-3 PUD because it is a
business park where the heavier businesses will go because they are set off of the
major highway. The City allowed him to construct something like a convenience
store, retail use in the location. Chair Rotty clarified the Commission would like
to table this for a month and get more information and answers to legal questions.
He was not sold on B-3, but understood the problems of the current property
owners ifthey recommend B-1. MOTION by Johnson, second by Barker to
continue the public hearing to May 9, 2006. APIF, MOTION CARRIED.
Commissioner Larson wanted to make sure everyone is notified.
Regarding the Tracy Bauer property located on Canton Court, they are proposing
going from non-designated to commercial and A-I to B-3. This is located next to
the Farmington Business Park. The Commission felt that would be consistent.
MOTION by Johnson, second by Barker to close the public hearing. APIF,
MOTION CARRIED. MOTION by Barker, second by Larson to amend the
comp plan from non-designated to commercial and re-zone the Bauer property .
from A-I to B-3. APIF, MOTION CARRIED.
d)
Conditional Use Permit - Home Occupation - Salon
Applicant: Chanry Kellogg, 18671 Dunbury Avenue
Ms. Kellogg has applied for a conditional use permit. The property is zoned R-l
and is surrounded by single-family residents. The applicant would like to operate
a single chair salon within her home. She would be available only by
appointment. The hours would be 10 a.m. - 5 p.m. Monday thru Wednesday. No
appointments will be taken on the weekends. The code provides that a home
occupation is permitted as an accessory use if it complies with certain
requirements.
- The home occupation shall be conducted solely and entirely by persons who
reside fulltime in the home.
- The home occupation shall be conducted wholly within the principle or
accessory structure.
- No structure alterations or enlargements shall be made for the sole purpose of
conducting the home occupation. The applicant is proposing to finish offthe
basement as the salon will be located in one ofthe rooms to be finished.
- Only one home occupation shall be permitted for each principle structure.
- Exterior display or signs other than a two-sided, 2 sq. ft., non-illuminated sign
and exterior storage of materials and exterior indication of the home occupation or
.
Planning Commission Minutes
April 11, 2006
Page 7
.
variation from the residential character of the principle structure shall not be
permitted.
- The activity does not involve the manufacture, assembly or distribution of
goods.
- The activity does not deal with the general retail public.
Commissioner Johnson asked that the house of operation remain steady. Chair
Rotty noted it is for the owner only, she cannot hire employees. MOTION by
Johnson, second by Larson to close the public hearing. APIF, MOTION
CARRIED. MOTION by Barker, second by Fitzloffto approve the home
occupation permit. APIF, MOTION CARRIED.
e)
Text Amendment in the IP Zone - Fitness Club
Applicant: AnyTime Fitness
Staff received an application to allow a Fitness Club in the industrial park in the
Vinge Tile building. A similar request was also reviewed in May 2005. The
EDA also reviewed a request at that time. It was determined a fitness facility is
not appropriate within an IP zoning district.
.
Mr. Conroy, owner of AnyTime Fitness in Lakeville, stated he signed an
agreement with the franchise to be able to develop in Farmington last summer.
The time limit is 6 months. He is a resident of Farmington and his intention was
to have the business in Farmington. At that time he spoke with the developer of
Vermillion River Crossing and was told it would be a year. That has been pushed
back several times. Mr. Conroy stated they do not have to be with retail business.
The discussion during the last meeting with the developer for Vermillion River
Crossing was that something would be ready in the fall. Now he understands that
will not happen. To wait until January means they will have to move to a
different City. They looked at moving in next to Duebers, but that also fell
through. They need a warehouse space.
.
Commissioner Larson asked if there was other space available other than Vinge
Tile. Community Development Director Carroll replied there are spaces
available, but that changes on a daily basis. Dueber's will be vacant in the near
future. He asked if Mr. Conroy has contacted the developer ofthe Tamarack
Retail Center on hwy 3. Mr. Conroy stated they have, but they are looking at
6,000-7,000 sq. ft. The retail center has a 5,000 sq. ft. space that is already taken.
Staff thought there would be 10 bays left. Mr. Conroy stated some places want
them to sign a lO-year lease. Community Development Director Carroll stated he
did not want to leave the impression the City is not interested in having their
business. The fundamental principle is if you start out with an industrial park and
you tell other business owners that there will be certain types of businesses in the
industrial park, they will rely on that. The daycare was a conditional use and was
in the code as it was seen as a service to employees in the industrial park. This
same argument could be made for any type of business. The fitness club is open
24 hours. Some business owners may not like the idea of all that traffic coming
Planning Commission Minutes
April 11 , 2006
Page 8
through the park at night. There are a host of issues raised when you look at .
expanding beyond industrial uses when there are other areas in town zoned for .
this type of use. Staffwill work with Mr. Conroy to find space for him, but the
guidance received from the EDA and the Planning Commission in the past has
been clear. They were not interested in amending the code. There are more
opportunities that exist now than previously. Commissioner Larson stated we
have a business owner wanting to come to Farmington and we should work as
hard as we can to find a place for him before he goes somewhere else. He would
not be interested in putting it in the industrial park, but if there is nothing else
available, Mr. Conroy should come back in a month. Commissioner Barker felt
staff needs to look hard at what is available to accommodate the business.
Commissioner Johnson would not be in favor of changing the zoning in the
industrial park, but felt we have to try to keep bringing business into town. Chair
Rotty stated at this time there is not enough support to recommend a change in the
text amendment for the zoning. He agreed the City wants to work hard to find a
location that is suitable. He felt Vermillion River Crossing would be an excellent
spot and suggested Mr. Conroy ask for an extension.
Commissioner Larson recommended continuing this for one month and urged
staff to work hard with Mr. Conroy to see what can be done and bring it back.
City Planner Smick suggested hearing what the Council has to say. Community
Development Director Carroll stated the final recommendation from the Planning
Commission would be brought to the Council. The current location for Dueber's
would be an excellent location when that becomes available. MOTION by .
Johnson, second by Barker to close the public hearing. APIF, MOTION
CARRIED. MOTION by Johnson, second by Barker to deny the request.
APIF, MOTION CARRIED.
t)
CUP Allowing the Construction of a Public Building in an R-D District
Variance from the Required Off-Street Parking Standards
Applicant: City of Farmington
The City is requesting approval of a CUP and a variance for the off-street parking
of a proposed public facility. The location is 710 1 st Street. The property is
currently zoned R-D with a comp plan designation of public/ semi-public. There
is an existing well house as well as an existing City storage facility. The Police
Department is looking at implementing an impound lot in the location of the
existing building. They would like to have access to the impound lot from the
north and through the main entrance. The second entrance is for staging
purposes. They want to keep the existing building for storage while this is being
built. The storage building is 4,000 sq. ft. It will be used for storage of City
vehicles, work space, and cold storage. The design of the building has not been
finalized. There will be 12% lot coverage. There will be a 6 ft. tall chain link
fence to secure the site. Staff recommends slats be included in the chain link
fence. There will be five off-street parking spaces. The code would require 20
for a public facility, however, there will be no employees working directly from
this facility. Staff does not see the need for the 20 parking spaces. So the
.
Planning Commission Minutes
April 11, 2006
Page 9
.
variance request is for 15 parking spaces. Staff recommends approval with the
following contingencies:
1. The installation of slats within all fencing surrounding the property.
2. The impound lot must be paved per City Code.
3. The submission of a landscape plan acceptable to the Planning division.
.
Commissioner Fitzloff did not like the slats as they do not stay uniform. He
would like to see a wood fence. Commissioner Barker did not have any concerns
with the CUP or the variance and agreed with a wood fence. Commissioner
Johnson agreed with the slats as the parking lot to the northwest is a vacant lot
and the neighbors are used to City trucks coming in and out with the current
building. Commissioner Larson was not concerned with the type of fencing as
long as there was a fence. Chair Rotty stated if the neighbors that are already
there are going to be introduced to something new like an impound lot, it should
be screened better than what is proposed. They are just referring to the impound
lot, not the entire area. Community Development Director Carroll asked if
Commissioner Fitzloffwould agree with the slats if City staffwere responsible
for maintaining them. Commissioner Fitzloff agreed with this, but liked a wood
fence better. Commissioner Barker felt it would be easier to do the wood fence
now. MOTION by Barker, second by Johnson to close the public hearing.
APIF, MOTION CARRIED. Staffwill talk with the Police Department and
Parks and Recreation regarding the fencing. MOTION by Johnson, second by
Barker to continue the public hearing until May 9, 2006. APIF, MOTION
CARRIED. MOTION by Barker, second by Johnson to close the public hearing
for the variance. APIF, MOTION CARRIED. MOTION by Larson, second by
Johnson to approve the variance. APIF, MOTION CARRIED.
g)
Text Amendment in IP and B-1 Zones Under Conditional Use - Auto Repair,
Major
Applicant: City of Farmington
Comprehensive Plan Amendment from Industrial to Commercial and
Rezoning from IP to B-1 for the Property Addressed as 5119 212th Street,
Farmington, MN (former Duo Plastics Building)
Applicant: City of Farmington
Text Amendment in B-1 Zone Under Conditional Use - Trucking Terminal
Applicant: City of Farmington
MOTION by Barker, second by Fitzloffto continue these public hearings to the
May 9, 2006 meeting. APIF, MOTION CARRIED.
h)
i)
4.
Discussion
a) J.I.T. Powder Coating Site Plan
Staff presented some new plans for the expansion. J.I.T. is planning on
expanding their building to the north. There are two lots, so the lot combination
will have to be done by Dakota County before the building permit can be issued.
Mr. Milner is proposing a 14,885 sq. ft. expansion. The storage area has been
.
Planning Commission Minutes
April 11, 2006
Page 10
moved to the east and the remaining area will be asphalt. He meets the
requirements for maximum building coverage, surface coverage, and all setback
requirements. He also meets the requirements for 37 parking spaces. Currently
there are trailers parked on 208th Street as there is not enough room on the lot.
Staffwill allow him to start the work as soon as the grading plans are approved
and it is approved by the Planning Commission so the trucks can be moved off of
208th Street.
.
The remaining contingencies include:
- The lot combination is done prior to the building permit being issued.
- The owner will need to immediately begin construction ofthe storage area upon
approval of the Planning Commission for the site plan and Engineering for the
grading plan.
- The approval of the construction plans for grading, storm water, and utilities by
the Engineering division.
The Commission agreed on the plan. Mr. Milner noted when comments were
received back from staff that added another $30,000 to the cost of the project.
Until that time other comments from staff added $42,000 to the project. The
project has been funded since December by the lender. He stated there will be a
couple of minor changes to the plan from what is shown. The peninsula for the
parking will shift two or three parking spaces down. The lot will not be perfectly
square, based on the civil engineer's calculations of the turning radius for trucks.
Excavation should start Tuesday or Wednesday. The whole site will be .
excavated. Three weeks later they will be able to put down the materials needed
to get the trailers off the street. They ran into some serious difficulties and
expense trying to get the garage constructed so it would be useable and accessible
from the main building. At the last minute they deleted that, so that caused some
extra work for City staff. These plans were given to staff three weeks ago and
Mr. Milner apologized for the change. They will be removing all the top soil and
bringing in 90 truckloads of engineering fill to get everything up to the grade
level. MOTION by Larson, second by Johnson for a favorable recommendation
with contingencies. APIF, MOTION CARRIED.
b) Findings of Fact - Regan
Staff presented the Findings of Fact as prepared by the City Attorney regarding
the approval ofthe conditional use permit for Mr. Regan for his property at 21054
Chippendale Court for the use of a supply yard. MOTION by Barker, second by
Larson to adopt the Findings of Fact. APIF, MOTION CARRIED.
c)
Discussion of the Building Height Definition and Increase of Maximum
Building Height in the R-3 Zoning District
Staff would like to make the definition of building heights easier to understand
and go from the ground to the highest point of the building. In the R-3 zoning
staff is proposing to increase the maximum height from 35 ft. to 45 ft. Staffwill
.
.
.
.
Planning Commission Minutes
April 11, 2006
Page 11
need to review garage height, as that has its own definition. The Commission
agreed with this change.
d)
Tree Preservation Ordinance
The Council requested staff review the tree preservation ordinance because it is
too lenient. Staff presented a map showing where the best tree stands are.
Currently there are three stands left. Trees will always be maintained in the
wetlands and steep slopes. Commissioner Larson felt this should have been done
10 years ago. Chair Rotty agreed, stating as the community has developed tree
stands have been taken down, and the City has relied on developers to save as
many trees as possible. To develop a more stringent tree preservation ordinance
now would be difficult. Balancing property owner rights to ordinances is
difficult. The lots are more valuable if trees are saved. At this point he would not
recommend a more stringent ordinance. The Commission agreed.
e)
Seed/Genstar Proposed Land Use Modification (2006 AUAR Update)
Staff presented a map from the 2000 comp plan showing the proposed use for the
property. The acreages for medium density fulfilled the livable communities act,
so these acreages need to stay with Seed/Genstar. The developer needs to look at
195th Street and the impacts to the wetlands, so there needs to be a modification to
the AUAR. Newland Communities is proposing to shift the commercial to 195th
Street and the remaining acreage for medium density remains the same. Newland
is trying to determine if they will split the commercial have it on the north and
south side ofthe road or have it all on the north. The Commission agreed with the
proposed use.
4. Adjourn
MOTION by Johnson, second by Fitzloffto adjourn. APIF, MOTION CARRIED.
Respectfully submitted,
/J' ~? - /-7--7. /..;?:'.?
,~~> vC.ft::...:;a_ c...c.k'k22 .:./
c:tynthia Muller
Executive Assistant
Approved