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HomeMy WebLinkAbout9/14/10 Planning Commission Minutes Regular Meeting September 14, 2010 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty, Bonar, Franceschelli, Kuyper Members Absent: Vanderbeck Also Present: Lee Smick - City Planner, Tony Wippler - Assistant City Planner 2. Approval of Minutes a) August 11, 2010 Regular Meeting Minutes b) August 24,2010 Special Meeting Minutes MOTION by Kuyper, second by Franceschelli to approve the minutes. APIF, MOTION CARRIED. 3. Public Hearings a) Conditional Use Permit Application to allow a Warehouse Retail (NAP A Auto Parts) use in the IF Zoning District, Applicant: Doug Vinge 21205 Eaton Avenue Farmington, MN 55024 The applicant is seeking a conditional use permit (CUP) to allow a Warehouse Retail use in his property at 21205 Eaton Avenue. Mr. Vinge would like to lease approximately 5,400 square feet in the existing Vinge Tile & Stone building to NAP A Auto Parts for a distribution and retail center. The subject property is zoned IP and Warehouse Retail is a conditional use. The owner would be adding an additional doorway in the front of the building (facing CSAH 50), and there would be a retail component of roughly 15% at the front of the space. The remainder of the space would be the distribution area. NAPA has indicated that they will need 6-8 parking stalls which will be accommodated by the existing parking area. The employees will park in the rear of the building and the distribution trucks will use the rear loading dock area. A sign permit will be required and a wall sign would be allowed. Since EDCO (another tenant in the space) already has an existing monument signs, NAPA would have to work with them to utilize the existing sign. No outdoor storage or display is allowed with this type of use. Approval of the conditional use permit would be subject to the following conditions: 1. The applicant obtains all necessary building permits from the City Building Official. 2. A sign permit is applied for and approved for any exterior signage that may be placed on the premises. 3. Other conditions as may be recommended by the Planning Commission. The commissioners asked for clarification of the hours of operation that are proposed. NAPA will be open Monday through Friday from 7:00 AM-7:00 PM and on Saturdays from 8:00 AM - 5:00 PM. MOTION by Franceschelli, second by Kuyper to close the public hearing. APIF, MOTION CARRIED. MOTION by Bonar, second by Franceschelli to approve the conditional use permit with the identified conditions. APIF, MOTION CARRIED. Planning Commission Minutes September 14, 2010 Page 2 b) Application for amendments to the Schwiness Retail Center Planned Unit Development. Applicant: Jon Einess 525 North 3rd Street #312 Minneapolis, MN 55401 The owner of the Schwiness Retail Center, commonly known as the Farmington Marketplace, has proposed to amend his Planned Unit Development (PUD) agreement. There are six proposals for this amendment: 1. Building Area - The two buildings are not to exceed a footprint of 17,534 17.734 square feet. (A 100 square foot vestibule may be installed on the south building at the former Movie Gallery space. Subway has already installed a 100 square foot vestibule on the north building.) 2. Parking - A minimum of ill 117 standard parking stalls and a minimum of 3 handicap accessible parking stall will be maintained and used for commercial use by customers, vendors and other visitors to the Subject Property. A minimum of9 parking stalls may be removed on the west side of the south building and 1 stall may be removed on the north side of the south building adiacent to the most easterly leased space. The City and the Developer agree to a parking setback of8 feet from the right of way line on the west side of the Subject Property. (A Daycare is proposed on the west side of the south building, in the former Movie Gallery space. The daycare will install a maximum 3,500 square foot playground adjacent to the most westerly leased space on the south building and the construction of the playground may require the need to remove 9 parking stalls.) 3. Playground - A playground may be constructed near the south building adiacent to the westerly leased space at a maximum of 3.500 square feet. 4. Outdoor Dining - Outdoor dining may be installed adiacent to the restaurants in the Farmington Marketplace. 5. a. Zoning - The following land uses are permitted under this Agreement and any other uses not included below will require one of the following: (i) an amendment to this Agreement approved by the City Council; or (ii) a conditional use permit authorized by the Board of Adjustment pursuant to the conditional use permit process and city Code for the B-1 Limited Business District Zoning Classification: b. Restaurants and fast food restaurants so long as the fast food restaurants are not free standing, are tenants in the shopping center on the Subject Property, and do not have a drive through lane. Outside dining is allowed where approved through a PUD Amendment. (Outdoor dining is currently occurring adjacent to the Ugly Mug. Additional outdoor dining has been requested by Pilot Knob Pizzeria adjacent to its leased space in the south building). 1. Commercial Child Daycare Centers Planning Commission Minutes September 14, 2010 Page 3 6. Notices. Required notices to Developer shall be in writing, and shall be either hand- delivered to Developer, its employees or agents, or mailed to Schwiness, LLC c/o Jon Einess by registered mail at the following address: 525 North 3rd Street #312, Minneapolis, MN 55401. Notices to the City shall be in writing and shall be either hand-delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: Farmington City Hall, 430 Third Street, Farmington, Minnesota 55024. Mr. Jon Einess stated that he would be available for any questions the commissioners might have. Commissioner Kuyper asked if there were concerns about access to the building due to the placement of the playground area. Staff stated that the Fire Department needs to have access on three sides of the building and they will have that. Garbage will also have adequate access. Commissioner Bonar asked if what was submitted is just a concept or if it is close to what will be reality. Mr. Einess stated that the submitted plan is very close to what the reality of the project will be. Commissioner Bonar stated that he would have a preference for placement of Spruce Trees between the play area embankment trail and right of way for privatization, acoustic control, and if there were an errant vehicle, the trees would serve as the first point of contact before the playground. He also stated that he would like the city code enforcement officials to look into reinforcement for that fence in case a car in the parking lot was to impact it. Staff stated that the fence ordinance requires that the fencing be maintained and functional. Commissioner Bonar stated that he does support the diversification of the space he does have concerns with the play area. Commissioner Bonar stated that he is doubtful that a post-driven chain inked fence would be secure enough to keep a vehicle from intruding into that space. Staff stated that they could look at the option ofbollards. Mr. Einess stated that they would work with staff to ensure that there are sufficient barriers. Commissioner Franceschelli asked what the elevation is from the top of the bum to the paved surface where the playground will be. He also asked what the maximum height of fencing that is allowed for commercial uses. Staff stated that the maximum fencing height is 6-8 feet, and 8 foot fencing requires a building permit. Commissioner Franceschelli stated that he has concerns about children wanting to climb the fence due to the proximity to the burm. He asked if the developer would consider putting in a retaining wall. He stated that he is also concerned about the security of the children with the embankment so close to the fence. Mr. Larry White with Grand Properties stated that the fence will actually be a white PVC type fence and it will be smooth and non-climbable. Commissioner Franceschelli also stated that he would recommend that sturdy bollards be places to prevent a vehicle from entering the space. Chair Rotty stated that he shares the safety concerns with the other commissioners. He likes the suggestion of adding the Spruce trees. He feels that with some safety suggestions the daycare should work in this space. Staff will work with the developer to address the safety concerns. Commissioner Kuyper stated that there should be something reflective on the sign for drivers to se at night, particularly when it first goes up. MOTION by Franceschelli, second by Kuyper to close the public hearing. APIF, MOTION CARRIED, MOTION by Kuyper, second by Bonar to approve the PUD amendments and recommend approval to the City Council. APIF, MOTION CARRIED, Planning Commission Minutes September 14, 2010 Page 4 c) Ordinance amending Section 10-6-28 (Downtown Commercial Overlay District Design Standards) regarding screening and fencing. Applicant: City of Farmington 430 Third Street Farmington, MN 55024 The Commission reviewed this item at their workshop in June. Staff did not feel that the Downtown Commercial Overlay District Design Standards were specific enough regarding fencing. The proposed changes regarding fencing include: 1. Adding language to allow fences up to eight (8') feet in height if used for screening purposes provided a building permit has been approved through the Building Inspections Department. 2. Adding language regarding all other non screening fences (Decorative Fencing). Discussing height, location and acceptable material for decorative fencing. 3. Adding language for fence maintenance. 4. Adding language that no fence shall be permanently attached to a historic landmark building or structure. There were no residents in attendance to comment. Commissioner Franceschelli stated that the term "permanently" should be struck from item #4. Staff stated that they will remove that word. MOTION by Kuyper, second by Franceschelli to close the public hearing. APIF, MOTION CARRIED. MOTION by Franceschelli, second by Kuyper to recommend approval of the amendments to the City Council, including striking the word "permanently". APIF, MOTION CARRIED. d) Ordinance amending Section 11-4-5 (Erosion Control and Turf Establishment) regarding the installation of sod on new construction, Applicant: City of Farmington 430 Third Street Farmington, MN 55024 The Engineering Department has requested that two portions of this code be eliminated. The items to be removed are letter" J" and letter "K". The reasons for removal of these sections relate to the current practice that does not require turf establishment to obtain a certificate of occupancy. Additionally, letter "L" in the ordinance states that the City requires an escrow with the building permit to ensure that the sod and grading get taken care of. MOTION by Kuyper, second by Franceschelli to close the public hearing. APIF, MOTION CARRIED. MOTION by Franceschelli, second by Kuyper to recommend approval to the City Council. APIF, MOTION CARIED. 4. Discussion a) Variance Law - Minnesota Supreme Court Ruling - Beat L. Krummenacher v. City of Minnetonka Staff discussed a recent court case that will greatly restrict the use of variances in municipalities. This new precedent requires that a property owner prove that without the variance, the property owner would not be able to put the property to any reasonable use. This will make it very difficult to approve variances going Planning Commission Minutes September 14, 2010 Page 5 forward. Staff anticipates that this will result in fewer variances coming forward for commission approval. b) Sustainability Chapter Update Staffwill be sending out information in preparation for creation of the sustainability chapter in the near future. 5. Adjourn MOTION by Kuyper, second by Bonar to adjourn. APIF, MOTION CARRIED. \" \",....'" \ '.., ......~\. ",,~'.., RespectfulIy/sUbrqitted,"".. .// / A" ...-~- ,// .-/'//' \\ ~ ... ~/ Administrative Assistant