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HomeMy WebLinkAbout5/9/06 . . . Planning Commission Minutes Regular Meeting May 9, 2006 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty, Barker, Johnson Members Absent: Fitzloff, Larson Also Present: Lee Smick, City Planner; Tony Wippler, Assistant City Planner 2. Approval of Minutes a) April 11, 2006 MOTION by Johnson, second by Barker to approve the April 11, 2006 Minutes. APIF, MOTION CARRIED. 3. Public Hearings a) Comprehensive Plan Amendment from Non-Designated to Commercial and Rezoning From A-1 to B-1 or A-1 to B-3 (cont'd) Applicant: 6 Properties; CitY of Farmington The properties are currently non-designated as they were recently annexed into the City. The business owners would like to have the properties zoned B-3. If the properties were zoned B-1, the property owners could lease their buildings as B-3 uses in a B-1 zone, the owners could sell their properties to buyers that wanted to continue the same types of legal non-conforming uses, and upon approval of the Planning Commission the businesses could be expanded. Changes in tenancy or ownership will not affect the legality of the non-conforming use. Abandonment, discontinuation or conversion of the use would terminate the non-conformity. If the property owner decided to convert a legal non-conforming use to a legal B use, the property would not have to be rezoned to accommodate that. The legal non-conforming uses may continue or be expanded upon approval of the Planning Commission if the properties were zoned B-1. Mr. Bob Becker, ABH Properties, Starr Automotive and Cannon Log Homes, stated ifboth of these businesses moved out, and a machine shop wanted to move in, he felt the Planning Commission would say no. ABH bought these two properties to rent them and let the value run up so they could sell them. They may have a building sitting empty for a year and they do not want to lose their grandfather rights and they want to provide any business that will work in the area. They do not want to be limited to automotive repair and home building. They want to be a B-3 business so they have other options and if someone wants to use the property for another type of business they could. He cautioned if B-1 businesses go in there, there would be traffic jams as it is just a two-lane road. Planning Commission Minutes May 9, 2006 Page 2 Mr. John Luckow, 3338 220th Street, was concerned about the criteria used for . taxation from B-1 to B-3. He asked what value is used for B-1 and B-3. Chair Rotty stated this Commission does not do taxations and it is not done in the City. Mr. Luckow wanted to know which was better for the businesses. He felt the B-3 seems to be the reasonable way for the Commission to approach this. Mr. Luckow asked if the adjacent property owners had any interest in annexation. Staff replied no annexation petitions have been received, however the Castle Rock Town Board is discussing an Orderly Annexation Agreement at their meeting tonight. This might encompass this area. Staff envisioned a retail area in the southeast comer. Mr. Luckow asked ifthe decision to zone it B-1 was based on a traffic count on the highway. Staff replied no, it is the location. Mr. Luckow asked why not wait until the entire area was annexed and then pursue the B-1 zoning. City Planner Smick explained the City is behind as far as the Met Council. Staff needs to get the comp plan to the Met Council so they can approve it. This should have been done long ago. These properties need to have a zoning other than A-I. Commissioner Barker stated his legal questions have been answered, but he is looking at this in the long-term. Because the owners would still be able to function as they are, it would be better for the City to zone the area B-1 for the long-term. Commissioner Johnson agreed and his concern was the time frame of 12 months if the property is vacant, the grandfather rights would lapse. He felt the B-1 zoning is the right move for the long-term. Chair Rotty noted the businesses wanted the zoning to be B-3. He understood the long-term planning . for B-1, but there are also the rights of the property owners. Their businesses are being operated in a B-3 fashion rather than B-1. As far as good planning, we want maj or roads coming into the community to be B-1, but the businesses are operating as B-3 businesses and they want to continue. Chair Rotty suggested B- 3 zoning and then change it when the area is developed. This would maintain the property owners' rights. MOTION by Barker, second by Johnson to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Barker to send a recommendation to the Council to approve the comp plan amendment from non- designated to commercial. APIF, MOTION CARRIED. MOTION by Johnson, second by Barker to send a recommendation to the Council to rezone the 6 properties from A-I to B-1. Voting for: Barker, Johnson. Voting against: Rotty. MOTION CARRIED. b) CUP Allowing the Construction of a Public Building in an R-D District (cont'd) Applicant: City of Farmington Last month the Commission reviewed a variance and a conditional use permit to allow a public facility and a police impound lot at 71 0 1 st Street. The variance was approved for off-street parking. The CUP was continued due to the . Planning Commission Minutes May 9, 2006 Page 3 . . . Commission's concern with screening around the impound lot. Staffhad recommended a chain-link fence with slats. The Commission preferred a wood fence. The Police Chief asked if the Commission would be in favor of a chain link fence with vegetative screening on the outside or inside of the fence in lieu of a wooden fence. Staff recommended approval of the CUP with the following conditions: 1. The identification of a screening that is acceptable to the Planning Commission. 2. The impound lot be paved per City Code. 3. The submission of a landscape plan acceptable to the Planning Division. Commissioner Johnson would prefer to have landscaping on the outside of the fence such as a shrub or a tree. Commissioner Barker agreed with the chain link fence with landscaping. Chair Rotty also agreed with shrubs and trees on the outside ofthe fence. He asked that the screening in condition one be acceptable to the Planning staff rather than the Commission. MOTION by Barker, second by Johnson to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Barker to approve the CUP. APIF, MOTION CARRIED. c) Text Amendment in IP and B-1 Zones Under Conditional Use - Auto Repair, Major (cont'd) Applicant: City of Farmington Comprehensive Plan Amendment from Industrial to Commercial and Rezoning from IP to B-1 for the Property Addressed as 5119 212tb Street, Farmington, MN (former Duo Plastics Building) (cont'd) Applicant: City of Farmington Text Amendment in B-1 Zone Under Conditional Use - Trucking Terminal (cont'd) Applicant: City of Farmington d) e) These public hearings are concerning Marshall Bus Lines and the Duo Plastics building. Staff has been informed that the project has been postponed indefinitely. Staff is recommending to withdraw the three amendments and close the public hearing. MOTION by Barker, second by Johnson to close the public hearings. APIF, MOTION CARRIED. t) Amend Section 10-2-1 of the City Code - Building Height Definition and Amend Section 10-5-8 (B) 1 of the City Code - Maximum Building Height for Two-Family and Townhouses in the R-3 Zoning District Applicant: City of Farmington Staff is proposing to measure the height of buildings from the foundation to the highest point of a structure. Staff is also requesting that the maximum height for Planning Commission Minutes May 9, 2006 Page 4 R-3 buildings be changed from 35 ft. to 45 ft. Two-family is not allowed in the . R-3 zone. MOTION by Johnson, second by Barker to close the public hearing. APIF, MOTION CARRIED. MOTION by Barker, second by Johnson for a favorable recommendation. APIF, MOTION CARRIED. 4. Discussion a) Swanson Acres Final Plat The developer is proposing seven single-family lots on the west side of Akin Road located at 20441 Akin Road. There will be an outlot for the pond. The requirements for the Middle Creek Historic Cemetery remain. The developer is preparing information on the retaining walls. The Council wanted a trail connection, but that is not possible. The Commission agreed there was not room for a trail. MOTION by Johnson, second by Barker for a favorable recommendation with two contingencies. APIF, MOTION CARRIED. b) Jerry Sauber Residential Concept Plan - 3186 Vermillion River Trail Mr. Jerry Sauber has submitted a sketch plan for his property. He is proposing to divide the property into three lots. There is an existing home with a shed at the back of the property. The property was annexed into the City in March as the property had a failing septic system. The lots exceed 10,000 sq. ft. and staff proposes an R-l zoning. Engineering wanted a 4 inch sewer service extended to service a house. Mr. Sauber is aware of this. Staffwill ensure that the private drive is at least 22 ft. wide. A variance would be needed for the setbacks. The Commission agreed with the R -1, staff should caution the developer about existing trees in the road right-of-way, watch for obstruction in the sight line, and have the drive more centrally located rather than on one end. . 5. Adjourn MOTION by Barker, second by Johnson to adjourn. APIF, MOTION CARRIED. Respectfully submitted, ~~~c-~ 1ynthia Muller Executive Assistant Approved .