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HomeMy WebLinkAbout8/8/06 . . . Planning Commission Minutes Regular Meeting August 8, 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: Lee Smick, City Planner; Tony Wippler, Assistant City Planner 2. Approval of Minutes a) July 11, 2006 MOTION by Johnson, second by Larson to approve the July 11, 2006 Minutes. Voting for: Rotty, Fitzloff, Johnson, Larson. Abstain: Barker. MOTION CARRIED. 3. Continued Business a) Findings of Fact - 621 Elm Street A conditional use permit was denied for Mr. Jason Stelter. The main issue in the Findings of Fact states that four of the criteria for approval of a CUP were not met. MOTION by Johnson, second by Larson to approve the Findings of Fact. APIF, MOTION CARRIED. 4. Public Hearings a) ISD 192 - CUP for School in R-1 Zoning District, Preliminary and Final Plat, Variance to Building Height, Variance to Development Project Site - Grading CUP, Site Plan This is regarding the site for the new high school covering 110 acres along Flagstaff Avenue. The school district is proposing a three-story building with a capacity of 2000 students and in the future 2400 students. The school district has proposed a trail coming from Flagstaff and around the pond. The City shows additional trails along flagstaff, coming south from the school, a proposed trail along the south side of208th Street and some trails within the soccer and baseball complex. Parks and Recreation Director Distad suggested a sidewalk along the private drive that will be extended along the west side of the high school and will connect to the future 208th Street to the bus corral. He also suggested showing additional trails on the site plan that are on exhibit A. They are required to have 834 parking spaces and currently they show 972 parking spaces and there are another 339 planned in the future. 208th Street is proposed to go north ofthe site. Flagstaff will be a paved road. A well-done landscape plan has been received. As far as the CUP, the proposed use meets the provisions of the R-l zone, the proposed use will not cause any harmful conditions, however staff would like to see a lighting plan showing the spread ofthe lights at the football stadium and also the parking lot. The building and grounds are currently surrounded by farm Planning Commission Minutes August 8, 2006 Page 2 fields to the north, east, and south with housing being developed to the west which is in Lakeville. The project has been designed to be harmonious with the environment. It is proposed there will be 1100 trips during the weekday between 7 - 8 a.m. and 770 trips during the weekday between 2 - 3 p.m. Staff is asking as part of the Settlement Agreement a traffic management plan be prepared to determine the managing of the traffic. The school is proposing traffic control officers at the peak times. This is a condition ofthe permit. The use is consistent with the comprehensive plan. Regarding the preliminary and final plat, the school district is working with the Donnelly's to secure an easement for the pond which is off site. This is a contingency ofthe preliminary and final plat. As far as the variance to the maximum height, currently 35 ft. is allowed in an R-l zone. The school has a 55 ft. tall building at its highest point and beyond that there are two flues for the science classrooms that need to be 14 ft. tall and must be a certain distance away from any screening. The flues would be in the center of the building so there is no need for screening. The school is asking for a variance of34 ft. in the R-l zone for a total height of 69 ft. The hardship is the building has to be condensed on the site to a three story building in order to meet the state requirements for facilities on the property. A variance for the maximum size of a development project sign is required because 32 sq. ft. is the maximum and the school is proposing 96 sq. ft. The school wants to provide as much information as possible for people passing by. Staff agreed the hardship is the public needs to be informed. Regarding the grading CUP, the Council will review this on August 21,2006. The Council will also make a motion on the EA W. If that passes, there is one more step for the full Met Council to approve it on August 23, 2006. The grading needs to be finalized and approved by the Director of Public Works. The earliest time they can get on the high school site is August 24, 2006. The biggest issue is the requirement of a signature for an easement by the property owners that own basin three for the grading CUP and they need to have the easement in hand by August 21, 2006. Staff recommended this be moved forward and make this a contingency of the grading CUP. The proposed plan shows a conversion of crop land to 31.6 acres of impervious surface, 4.7 acres of storm water management, 7.2 acres of grassland, and 66.5 acres oflandscaping and lawns. The action requested by staff is as follows: The Conditional Use Permit for a public school in an R-l zoning district and the site plan is contingent on the following: - The recommendations by the Parks and Recreation Director are met. - A landscape plan is submitted and approved by the City Planner - A lighting plan is submitted showing the spread oflights for the parking lots and stadium to ensure the lights do not spill onto adjacent properties. - The school district submits a traffic management plan to the City for managing vehicular traffic during the peak periods and throughout the day. Staffwill check on the timeline for this. . . . Planning Commission Minutes August 8, 2006 Page 3 . Approval of the Farmington Area High School Preliminary and Final Plat is contingent on the following: - Forwarding the recommendation to the City Council. - The dedication of basin three to the City through an easement. - Recommend approval ofa variance of34 ft. to the height of the proposed high school building in the R-l zone meeting the hardship for condensing the building on the site. - Recommend approval of a variance of 64 sq. ft. for the maximum size of a development project sign because ofthe amount of information needed on the sign, contingent upon the following - all setback requirements for the R-l zone are met when locating the sign. - Submit a positive recommendation to the City Council for its public hearing on August 21,2006 concerning the conditional use permit for grading the high school contingent upon the following - the signatures of the two property owners where basin three is located are included on the application for the grading CUP. . Commissioner Barker asked the school district for their opinion ofthe additional trails recommended by the City. Mr. Bonar replied he has just seen the document within the last 24 hours and does not have an opinion yet. Commissioner Larson confirmed the sign variance is just for the construction sign, not the permanent sign. Chair Rotty stated it is common for City's to grant a CUP for a school in an R-l district. He would like to stay with the recommendations of the Parks and Recreation Director and feels that can be worked out. He felt all the contingencies were reasonable. He was not uncomfortable with a three-story building. He supported the variance to the construction sign as long as it was placed with regard to safety. Commissioner Larson asked when Flagstaff would be upgraded. Mr. Doug Bonar replied there are still ongoing coordination meetings with the City and engineers. The portion immediately east of the school site would have the elevation radically changed this year. The remaining work on Flagstaff Avenue would occur in 2007. MOTION by Barker, second by Larson to close the public hearings. APIF, MOTION CARRIED. MOTION by Barker, second by Johnson to approve the CUP to construct a school in an R-l district with the contingencies. APIF, MOTION CARRIED. MOTION by Johnson, second by Barker to approve the preliminary and final plat with the contingency to obtain an easement for basin three. APIF, MOTION CARRIED. . MOTION by Barker, second by Johnson to approve the height variance. APIF, MOTION CARRIED. Planning Commission Minutes August 8, 2006 Page 4 MOTION by Larson, second by Fitzloffto approve the sign variance with the contingency that it meet all setbacks and be placed safely. The hardship is the size is necessary to inform the public. APIF, MOTION CARRIED. . MOTION by Johnson, second by Barker to approve the grading CUP including the requirement of obtaining the easement for basin three. APIF, MOTION CARRIED. b) Charleswood Marketplace Preliminary and Final Plat I Site Plan Applicant: KAMI, Inc. The developer has requested a continuance of the public hearing to re-evaluate the traffic for this site. There were significant traffic issues with Dakota County. MOTION by Fitzloff, second by Larson to continue the public hearing to September 13, 2006. APIF, MOTION CARRIED. c) Winkler Comprehensive Plan Amendment from Non-Designated to LowlMedium and Medium Density Residential and Rezone from A-1 to R-2 and R-3 Mr. Winkler has requested a comp plan amendment and rezoning for 70 acres located on the eastern side of the City. The property was annexed into the City in two phases. The first 56 acres was annexed in 2001. The remaining 13.5 acres on the eastern side of the property were annexed in 2005. When property comes into the City it is non-designated and zoned A-I. It is proposed to amend the comp plan from non-designated to low/medium and medium density residential and rezone the property from A-I to R-2 and R-3 contingent upon the following: . - Subject to the Met Council approval of the 2020 Comprehensive Plan amendment application. MOTION by Larson, second by Barker to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Fitzlofffor a favorable recommendation to amend the comp plan from non-designated to low/medium and medium density residential and rezone the property from A-I to R-2 and R-3. APIF, MOTION CARRIED. d) Graham Property - Comprehensive Plan Amendment from Non-Designated to LowlMedium Density Residential and Rezone from A-1 to R-2 Staff recommends approval oflow/medium density residential and rezoning to R- 2. At the next meeting staffwill bring a variance to the non-standard lot width, and a plan for 22 lots. MOTION by Barker, second by Johnson to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Barker to approve the comp plan amendment to low/medium density and rezone the property to R-2. APIF, MOTION CARRIED. . . . . Planning Commission Minutes August 8, 2006 Page 5 e) Conditional Use Permit - McVicker Lot Applicant: Joe Heinen Mr. Heinen proposes to build a two-story building with commercial/retail on the ground floor and the second floor would have five apartments. This is located between Gossips and the Farmington Steakhouse. Contingencies include: - Approval of a preliminary and final plat unless the developer and the EDA decide to combine the two existing lots and create an easement for the proposed public walkway along the mural. - Approval of engineering for a grading and site plan. Mr. Colin Garvey asked if there was off-street parking required. Staffnoted off- street parking is not required in a B-2 district. Mr. Heinen is proposing four garages. Staff will work with him regarding extra parking for any visitors. Ms. Kim Friedrich asked to see the south elevation and noted there would be windows looking out onto the roof of the Steakhouse. She mentioned there is smoke in the area in the morning and in the afternoon. Staffwill inform the developer. MOTION by Johnson, second by Fitzloffto close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to approve the Conditional Use Permit with the two contingencies. APIF, MOTION CARRIED. t) Conditional Use Permit - Off-Premise Directional Sign Applicant: Colin Garvey, Executive Estates Mr. Garvey is requesting a CUP for an off-premise directional sign for Executive Estates which is located on 225th Street. The maximum size allowed is 25 sq. ft. The sign already exists and has been located on the property for a number of weeks. The sign is 32 sq. ft. in size. It is currently located at 213 8th Street, which is the corner of TH3 and Elm Street. The sign is in the right-of-way. If approved, it would have to be moved back onto the property to meet setbacks. The sign is anchored down with cement blocks. If approved a contingency would be that the sign be placed on posts and put in the ground. A CUP runs with the land, so there could be an off-premise directional sign at this location with the property owner's approval. The Commission could impose a timeframe within which to allow the sign on the property. Staff recommended the commission deny the CUP and approve an interim use permit and place a timeframe on the sign. Options include: Planning Commission Minutes August 8, 2006 Page 6 1. Determine if Mr. Garvey incurs enough of a hardship to allow installation of an off-premise directional sign on the property located at 213 8th Street. If a hardship is determined to exist by the Planning Commission, approve the conditional use permit with the following contingencies: . - The applicant obtains a sign permit. - The sign shall be located outside ofthe dedicated right-of-way ofTH3. - The applicant shall reduce the overall size of the sign to meet the 25 sq. ft. maximum size allowed by City code and the sign shall be anchored to the ground by posts. - All setback requirements have to be met. 2. Deny the CUP for the off-premise directional sign and approve an interim use permit and specify a time duration on which the sign may be allowed to remain on the premises. Mr. Colin Garvey stated when he put up the sign he did not realize he needed a permit or he would have obtained it ahead of time. As he owned the property he did not see a problem with it. It is the only location they can find to give direction to his housing development. As far as 25 sq. ft. in size and 7 ft. onto the property, he would like to leave it where it is for more visibility. Chair Rotty asked if Mr. Garvey would be interested in the interim use versus the conditional use. Mr. . Garvey replied whatever works out better. Commissioner Larson noted the commission members were discussing if they should go with a time1ine or a percentage of the development being built out. Mr. Garvey suggested 75% build out. Commissioners favored the interim permit. MOTION by Johnson, second by Barker to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Barker to deny the conditional use permit. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to approve an interim use permit for an off-premise directional sign until the Executive Estates subdivision is 85% filled. APIF, MOTION CARRIED. g) Conditional Use Permit - Off-Premise Directional Sign Applicant: Kim Friedrich, Hometown This sign is also 32 sq. ft. in size, so it exceeds the 25 sq. ft. allowed by the code. The sign is currently located on the southwest corner ofthe parking lot ofthe Tamarack Ridge Retail Center. It is brought onto the site during the weekends and during the week it is located at 20900 Catalina Way which is the model home for Hometown. The CUP runs with the land. Ms. Friedrich has received permission from the owner of the retail center to place the sign on his property only during the weekends. The commission could also do an interim use with this . request. The options are the same as the item above. The differences in the CUP . . . Planning Commission Minutes August 8, 2006 Page 7 action would be that staff requests written documentation from Mr. Blaine Eggum for permission of placement ofthe sign. This could be submitted at the time of the sign permit application. Ms. Friedrich stated this is the only location available for her sign. Other locations are either in Empire Township or would not be visible. She agreed with allowing the sign until the development is 85% filled. MOTION by Johnson, second by Larson to close the public hearing. APIF, MOTION CARRIED. MOTION by Barker, second by Johnson to deny the conditional use permit. APIF, MOTION CARRIED. MOTION by Larson, second by Johnson to approve an interim use permit for an off-premise directional sign to be located at 20700 Chippendale Avenue until the Hometown development is 85% filled and provide written documentation for the agreement between Hometown and the property owner. APIF, MOTION CARRIED. Staffwill bring revisions to the off-premise directional sign code to the next meeting. 4. Adjourn MOTION by Barker, second by Johnson to adjourn. APIF, MOTION CARRIED. Respectfully submitted, //. .~:7 _ ~ //Y:? ~z.~ ,. r / <-<--t::lj-<../ t....... - Cynthia Muller Executive Assistant Approved