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Home My WebLink About10/11/16 City ofFamgton A Proud Past-A Promising 430 Third Street Future Farmington,MN 55024 Committed to ProvidingHigh Quality, Timely and Responsive Service to All of Our Customers AGENDA PLANNING COMIVIISSION October 11, 2016 7:00 PM City Hall Council Chambers 1. CALL TO ORDER 2. APPROVAL OF MINUTES (a) Approve Planning Commission Minutes 3. PUBLIC HEARINGS (a) Application to Amend Comprehensive Plan from Low Density Residential to Commercial and Rezone property from R-1 (Low Density Residential)to B-3 (Heavy Business)-Craig Bongard 4. ADJOURN �4i141i4� City of Farmington p 430 Third Street .1 z Farmington,Minnesota o 651.280.6800 -Fax 651.280.6899 4r ' .APRO www cl.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Approve Planning Commission Minutes DATE: October 11,2016 INTRODUCTION Attached, are the minutes from the September 13, 2016 regular meeting. DISCUSSION NA ACTION REQUESTED Approve the minutes from the September 13, 2016 regular meeting. ATTACHMENTS: Type Description Backup Material September 13, 2016 Regular Planning Commission Meeting Minutes PIanning Commission Minutes Regular Meeting September 13,2016 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty,Bjorge,Franceschelli,Kuyper,Rich Members Absent: None Also Present: Tony Wippler,Planning Manager 2. Approval of Minutes a. MOTON by Kuyper second by Franceschelli to approve the minutes of August 16,2016. APIF,MOTION CARRIED. 3. Public Hearings—Chair Ratty opened the public hearings a. Variance Request to Expand a Legal Non-Conforming Use for the Construction of a Detached Garage The applicant is Suzanne Ackerson, 108 4th Street. Ms.Acicerson is asking for a variance to expand a nonconforming use to construct a detached garage. As part of the 2020 comprehensive plan,the city rezoned properties in this area to commercial. This has made the existing residential use nonconforming. Therefore, a variance is required. The property does not currently have a garage. Conditions of the variance include submission and approval of a building permit and the assurance that the proposed detached garage will meet and or exceed the required setbacks as outlined in code. MOTION by Rich,second by Bjorge to close the public hearing. APIF,MOTION CARRIED. MOTION by Franceschelli,second by Kuyper to approve the variance request with the above contingencies. APIF,MOTION CARRIED. b. An Ordinance Amending Title 6,Chapter 7 of the Farmington City Code as it Relates to Weeds Staff,is proposing three specific changes to this ordinance. 1. Remove the language in section 6-7-1 (weed defined)"and such useless and troublesome plants as are commonly known as weeds to the general public." This wording would include dandelions which are not noxious weeds and notices are not sent for dandelions. 2. Section 6-7-2 (notice to destroy)the language is amended to send the notice by regular mail and post it on or hand deliver the notice. This will address the issue of the timeframe of when the notice is received and when the city can address the situation. 3. Section 6-7-3 (action upon noncompliance)clarifies that if weeds are not destroyed within 10 days after mailing or serving and posting the city can remove the weeds and bill the property owner. MOTION by Bjorge,second by Kuyper to close the public hearing. APIF,MOTION CARRIED. MOTION by Franceschelli,second by Rich to recommend approval of the ordinance amending Title 6,Chapter 7 of the city code and forward the recommendation to the City Council. APIF,MOTION CARRIED. 4. Adjourn MOTION by Franceschelli second by Kuyper to adjourn at 7:26 p.m. APIF,MOTION CARRIED. Respectfully submitted, this Muller Administrative Assistant o lvtisi City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 .A paos.v. www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler,Planning Manager SUBJECT: Application to Amend Comprehensive Plan from Low Density Residential to Commercial and Rezone property from R-1 (Low Density Residential)to B-3 (Heavy Business)-Craig Bongard DATE: October 11, 2016 INTRODUCTION Craig Bongard has submitted an application to amend the city's 2030 Comprehensive Plan from Low Density Residential to Commercial and rezone property from R-1 (Low Density Residential)to B-3 (Heavy Business). The subject property is 20522 Akin Road. Please see attached location map. DISCUSSION Planning Division Review Site Address: 20522 Akin Road Property Owner/Applicant: Craig Bongard Attachments: • Location Map/Zoning Map • Comprehensive Plan Amendment Application • Rezoning Application • Aerial of property • B-3 Zoning Code Lot Size: 4.79 acres Existing Zoning: R-1 (Low Density Residential) 2030 Comprehensive Plan: Low Density Residential Surrounding Land Uses: Single-family residences are located to the north and west of the subject property. Farmington Lutheran Church is located to the south and farmland is adjacent to the east. Background On August 10, 1976 the city's Planning Commission granted a special exception permit for the property located at 20522 Akin Road to allow Equipment Maintenance& Storage,Non-commercial on this site. The definition for Equipment Maintenance& Storage,Non-commercial was established by ordinance No. 076-39 and reads as follows: "Equipment Maintenance& Storage,Non-commercial: A building in which is exclusively maintained, repaired or stored, only equipment which is owned and used by the same individual, firm,or organization that owns,rents leases or occupies the building and in which no maintenance,repair or storage of equipment is performed for any other party or person." A special exception permit is similar to what a conditional use permit is in today's zoning code and allows for certain uses of property after review and approval by the Planning Commission or Board of Adjustment. Special exception permits, like conditional use permits, run with the land. Special exceptions no longer exist in the city's zoning ordinance as uses and therefore cannot be amended. The property has been used in the past for Mr. Bongard's trucking operation in accordance with the aforementioned special exception permit. Comprehensive Plan &Zoning Amendment Request Mr. Bongard is requesting an amendment to the city's 2030 Comprehensive Plan as well as a rezoning of the subject property. The request is to amend the Comprehensive Plan from a Low Density Residential designation to a Commercial designation and to rezone the property from R-1 (Low Density Residential)to B-3 (Heavy Business). It is Mr. Bongard's belief that a B-3 zoning for the property would afford him the best opportunity to sell the property as many of the inquiries for the property are for uses that are more compatible with a B-3 zoning classification than a residential classification(R-1 in this case). Attached, for the Commission's information, is Section 10-5-15 of the zoning code(Heavy Business District). The purpose statement for the B-3 zone is as follows: "The B-3 heavy business district is a transitional district designed to provide space for certain existing commercial and industrial uses which are compatible together but are more intense and therefore incompatible with uses identified in the B-1, B-2 and B-4 districts." The permitted and conditional uses currently allowed under the B-3 zoning district are as follows: Permitted • Animal clinics • Auto repair,minor • Auto sales • Breweries • Commercial services • Convenience store without gas • Data centers • Distilleries • Light manufacturing facilities • Mechanical sales, service and repair • Micro distilleries • Offices • Public buildings • Restaurants, class I,traditional • Retail facilities,greater than 3,000 square feet • Sexually oriented businesses-accessory • Small breweries • Supply yards • Truck terminals • Wholesale businesses Conditional • Auto repair,major • Car washes • Cocktail rooms as accessory to microdistillery • Convenience store with gas • Greenhouses and nurseries, commercial • Group daycare center, commercial • Home and trailer sales/display • Impound lot • Manufacturing facilities • Ministorage facilities • Outdoor sales • Petroleum bulk storage • Public utility buildings • Solar energy systems • Taprooms as accessory to a brewery or small brewery It is important to note that a change in the zoning of this property to a B-3 classification would entitle this property to any of the aforementioned uses in the future. It is staffs opinion that the uses allowed in the B-3 zone are not consistent or compatible with the uses surrounding this property,which are largely residential. To broaden this point even further,the purpose statement for the B-3 states that the uses allowed in this zone are of an intensity that generally do not make them compatible with the other commercial zoning districts within the city. If these uses are not generally compatible with other commercial zones,the B-3 is most certainly not compatible with residential zones. It is staffs recommendation that the Planning Commission recommend denial of the requested Comprehensive Plan Amendment and Rezoning of the property located at 20522 Akin Road as the request does not fit into the character of the surrounding neighborhood. ACTION REQUESTED Recommend denial of the requested Comprehensive Plan Amendment and Rezoning and forward that recommendation on to the City Council. ATTACHMENTS: Type Description c Backup Material Location/Zoning Map a Backup Material Comprehensive Plan Amendment Application c Backup Material Rezoning Application c Backup Material Aerial of Property o Backup Material B-3 Zoning Code City of Farmington Map 12.1 Farmington Zoning Map i �m ' iaMII WI1'; 3,� fid� x � {$ fl � .aa., ! �-".=ems Sri._ i� _1 \!I I ' 1 ` bv- t_j , N • 4 zeft-le .!:w-NE .14,mq; ' ''''''''''''. 41' , Iiiiti,„:-,,:„. ,,,.. •' /;:... xn _ 1 ( ..rn lin ,„,P.,:.;.4.. ..1 1411 �1nr :A.,,,./ ith'i 115 C , iS1_ D$ frt.. _ .a u mi �a ,y-vapr `r3V1f 11 t "Ili –Z1,1,°i-,,.m � 3`'%//./�/�A �I �'V^�`,� '.4,8111-,-,..4 —f\4 ., �: 31'?l Nide/ /' iTi$a pz ,.� � r.,'�LLYYY aJEGT y..3.1 rill, r/dirrA 11 1: .„ ,..,:,,:., - P,' , ..., '7 -1%,":...,1% PliP"–i/7740:#74' ./III eco. may; _I+ (i,, ooh ` Fag::t:.lrit:F__:::fjg/w„:",:dg •MIMI �� — I real . 11( -1 gra. ,� troi!, v," ' ,l r 1'1 N - --- P. _ : -, .__........;, , �, _i_ jI// m1,, , ,___ __ ii.y., , , ,./..__.___. , ,, _. ,..,,..,,, . .,,. .....„,,, , .,„ i , ...... . ...10 A ha 1. 4�( r i■ r • -_.–i-T ! \.....„...„ i`y':In N.: m I Al .. 9d Ir. u,u1 I ¢n 9u 1 c. '` 61 ;r.... �_ i , . . , ._,.„,/ ,.1 ,_ 1.111111111 Oil I I I I I I I ` I :is �,P~!� 0 0.25 0.5 1 Miles i.v'lll�:' .1 1. '11 iF��s„nit "z5r'�.;,yt*Stitelid' Legend Zoning II.P/OS(Park/Open Space) A-1(Agriculture) I I R-1(Low Density Residential-1.0-3.5 du/ac) Ezi B-1(Highway Business) I I R-2(Low/Medium Density Residential-3.5-6.0 dWac) -8-2(Downtown Business) I I R-3(Medium Density Residential-8.0-12.0 du/ac) -B-3(Heavy Business) ®R-5(High Density Residential-12.0+du/ac) N -8-4(Neighborhood Business) I I R-D(Downtown Residential) -Business/Commercial Flex I I R-T(Downtown Transitional Mixed Use) W+E I-1(Industrial) I —I ROW(Right-of-Way) 11111IP(Industrial Park) MI SSC(Spruce Street Commercial) S _Mixed-Use I I Water -Mixed-Use Commercial/Residential Other Map dated December 30,2015. I I Vermillion River Floodplain Q Downtown Commercial District Prepared for the City of Farmington Community Development Department + Historic Properties I/ 1 Empire OAA by the Dakota County Office of GIS. • L City of Farmington 430 Third Street Farmington,Minnesota �} 651 `vww.a'farmingtoamnus6899 SEP f J G oc 1}i1 PETITION FOR COMPREHENSIVE PLAN AMENDMENT Applicant: Ct rd i C Bo n rct Telephone:(6.11i_. 85-G2,5 ax: ( ) Address: 2-92-5- r l Gt r i cxf ion Rd, a s 4.1 Street City W tr'1 State Zip Code Owner: C I c bon aard Telephone:((pi c .%..f,>0"1o2- ax: ( ) Mailing Address: 2r."1 25 )Cn+-Cts l tY P4 t� Street City ir�Pty er'( ve(State f—L Zip Code 3- 9. Premises Involved: 5,,a.': -- r1 12c1 Address/Legal Description�(lo"t,block,plat name,section,township,range) t Current Comprehensive Plan Designation: t.V-4 l) (70•31-(1 (2-(g5:/arAfr Proposed Comprehensive Plan Designation: Cot-titi to -4/lt-l. I understand +;t a.ubllicpiearing is required as well as a published notice of hearing,for which I hereby attach payment of the fee in the •ii,lunt of$ - which I understand further will be refunded if no meeting is scheduled. 1 rte --/ :gn• =o` :wner Date For office use only Request Submitted to Planning staff on Public Hearing Set for: Advertised in Local Newspaper: Planning Commission Action: Approved Denied City Council Action(if necessary): Approved Denied Comments: Conditions Set: Planning division: Date: 9/06 In accordance with Title 10,Chapter 3,Section 12 of the City Code. 4 Lig), 6 • ' City of Farmington SEP t� <r+oThird Streetiu Farmington,iaFarmington,MMinnesotaneSE Minnesota2 20qC 651.280.6800•Fax 651.280.6899 mnsatacminBNmmnvs PETITION FOR REZONING APPLICATION Applicant: C.A.- 19 B 0 (Telepihone:44 F;-0_422-5 ax: ( ) Address: 3.0-1D•5 -7i aM-ClAifi ) , vv very :3s gi44' Street City State Zip Code Owner: Cif-- 1 9Ct Telephone:(U13.- g - ' —FY: ( ) �) Mailing Address: aq ? Cirri- �-E i.or\ Ri. ver L 33`38`{ Street City State / Zip Code Premises Involved: 2 IDS d•?- 4 C c 1Gt, / tO , 1 I -A r1 . o� Address/Legal Description(lot,block,plat name,section, wnship,range) Current Zoning F.-l Ce-cru) .5 1I-S) . Proposed Zoning 13-3 (CO rnnnerC i CL f I understand ublryearing is required as well as a published notice of hearing,for which I hereby attach payment of the fee in the amount of$ ,which I understand further will be refunded if no m- ' is sch-•'` e• 't yl , � ` I 4 Wye,I of Ier , • of- 72- I Date For office use only Request Submitted to Planning staff on Public Hearing Set for: Advertised in Local Newspaper: Planning Commission Action: Approved Denied City Council Action(if necessary): Approved Denied Comments: Conditions Set: Planning division: Date: 9/06 In accordance with Title 10,Chapter 3,Section 12 of the City Code. Dakota County, MN 4.0 L re . . `,..- . • ' ' \X '.. 4----. 1,\ '!i. ' .:, ' ''',11/.1-'01.' 10 . fir, f � � - y y 4444- It , % r msµ.. _ "*P4 #fir' �"'` 46 �' � .." ik ialip ' 'Y 4 j • ,,..,.MSI 2 ill :�� - _ \ Air. - .r.r, fir° ' 'tit • Atit "t\\\•,\ . . - . t. . a''' . 1 .046. . . , ` t � ':" ., Fes:.. - r, �.. �•,.,..�.e.+ err+,-w.•..,07'"°"":\\ J*, i'� _ ,. . �.- y . h;r _ ., ., ,rN ` / ' «gy , .0 p o Nit ;� �, 4.4.4 �: \ . i11'..,tr'. ?. moi- i FM .! a ate.' .`'� r _/- ,`'' it. .'', • 4 '. --e''' :,' IC c. October 6, 2016 1:2,400 o 112.5 225 450 ft .1 ` 1 I , + I I 0 30 60 120 m Property Information Aerial Photography Disclaimer Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal,survey,or for zoning verification. Sterling Codifiers,Inc. , Page 1 of 3 10-5-15: B-3 HEAVY BUSINESS DISTRICT: (A) Purpose: The B-3 heavy business district is a transitional district designed to provide space for certain existing commercial and industrial uses which are compatible together but are more intense and therefore incompatible with uses identified in the B-1, B-2 and B-4 districts. (B) Bulk And Density Standards: 1. Minimum Standards: Lot area 5,000 square feet Lot width 50 feet Front yard setback 0 feet Side yard setback 6 feet Rear yard setback 6 feet Minimum side and rear yard abutting any residential district: Off street parking and access drives 10 feet Public and semipublic buildings 35 feet Recreational, entertainment, commercial and industrial 50 feet uses Height(maximum) 45 feet Maximum lot coverage of all structures 35 percent All standards are minimum requirements unless noted. (C) Uses: • 1. Permitted: Animal clinics. http://www.sterlingcodifiers.com/codebook/printnow.php 10/6/2016 Sterling Codifiers,Inc. Page 2 of 3 Auto repair, minor. Auto sales. Breweries. Commercial services. Convenience store without gas. Data centers. Distilleries. Light manufacturing facilities. Mechanical sales, service and repair. Microdistilleries. Offices. Public buildings. Restaurants, class I,traditional. Retail facilities, greater than 3,000 square feet. Sexually oriented businesses- accessory. Small breweries. Supply yards. Truck terminals. Wholesale businesses. 2. Conditional: Auto repair, major. Car washes. Cocktail rooms as accessory to a microdistillery. Convenience store with gas. Greenhouses and nurseries, commercial. http://www.sterlingcodifiers.com/codebookk/printnow.php 10/6/2016 Sterling Codifiers,Inc. Page 3 of 3 Group daycare center, commercial. Home and trailer sales/display. Impound lot. Manufacturing facilities. Ministorage units. Outdoor sales. Petroleum bulk storage. Public utility buildings. Solar energy systems. Taprooms as accessory to a brewery or small brewery. 3. Accessory: Parking lots. (Ord. 015-705, 10-19-2015) http://www.sterlingcodifl ers.com/codebooldprintnow.php 10/6/2016