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HomeMy WebLinkAbout08-08-17 Planning Commission Minutes Regular Meeting August 8,2017 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; Adam Kienberger, Community Development Director;Katy Gehler, City Engineer 2. Approval of Minutes a. MOTON by Franceschelli second by Bjorge to approve the minutes of July 11, 2017. Voting for: Rotty,Bjorge,Franceschelli,Rich. Abstain: Kuyper. MOTION CARRIED. 3. Public Hearings—Chair Rotty opened the public hearings a. Fairhill Estate at North Creek Preliminary Plat and PUD Amendment The applicant is True Gravity Ventures and the property location is the southwest intersection of 190th Street W and Highway 3. The area covers 90 acres. The applic nt is proposing 217 single-family homes. They are proposing an ag purpose open space i the west central area of the plat. The development would be a rural aesthetic plan. Inclu ed in the engineering concept,the streets are more rural with a ribbon curb,which is flat and slopes to the side into swales. The ag area would be utilized by a third party for ag purposes such as a vegetable farm. The developer is proposing a water reuse component which would collect storm water in a facility and then reapply it to the ag space. Lot sizes range from 40 feet to 62 feet wide. A typical setback is 6 feet;the developer is proposing 5 feet in some portions. The main access will be from 190th Street W. A future extension is on the south side into Empire Township connecting to 197th Street Right-of-way has been provided for a possible connection to 194th Street which is als• in Empire Township. Some concerns have been expressed with this connection. Sidewalks and trails can be found throughout the development. A community park will be in th; central area and dedicated to the city. The sewer line is on the west side of the railro.• and will have to be extended under the railroad so the developer will have to obtain . easement from the railroad. The storm water system is new to the city using riser pip s and storm inlets to collect storm water. There would be grassy swales in the front of., number of homes to collect storm water. Staff is recommending approval of the preliminary plat and PUD amendment subject to the following conditions: 1. The approval of a PUD Agreement and ordinance at time of the final plat. 2. The submission of construction plans for grading and utilities that are acceptable t the City Engineer. Mr. Rob Wacholz,True Gravity Ventures, gave a presentation on the features of the development. Ms. Marilyn Briesacher, 194th Street,was concerned about the opening of 194th Street) At the Empire Township meeting,they were told on the original plat they did not plan to open their street,but Farmington said it was a safety issue. So the safety issue is now on Planning Commission Minutes August 8,2017 Page 2 194th Street. It is a narrow,neighborhood street and not built for a lot of traffic. It i already difficult to get out onto highway 3,not only because of north-south traffic,b t also from the east. The extra traffic will be a safety issue for their neighborhood. Chair Rotty realized the difficulty accessing highway 3. This development may pro 'de an alternative access to 195th Street to get out. Ms. Briesacher stated there will be 2 7 homes in there. There are many cars already on 195th Street. She did not see that as an alternative for them. Staff stated the original plat did not show the connection to 19 th Street. The original PUD that was approved ten years ago, did contemplate that connection as well as to the south. Both are shown on this preliminary plat. With t 's plat,the city is asking to show that right-of-way. There needs to be discussion with e township as to when and if that connection will be made. This will be discussed at Empire-Farmington meeting soon. The details of the connection have not been final zed. Ms.Brenda Hanks, 194th Street,was concerned with a traffic study. Eight years ago they were discussing a development similar to this and the roundabout came out of that i because of future traffic. Her concern is the one way in and one way out. Traffic is backed up all the time. You will be adding 217 homes and an average household lea es their house ten times a day. They have such heavy traffic and the number of cars crossing that bridge coming to the roundabout every day is astounding. Now you ar: adding 217 homes plus more if they open it up. The area in Empire for a southern e uit is not even thought of yet. As this area develops,the way in and out has to be consider d now because it will heighten all the traffic in the area. You cannot cross the street s. ely to go to the park• Whether you go from the south or along 194th Street,which is ver narrow,if you open homes next spring and this traffic loads up it will be really dangerous. She really wants to have this considered before the houses are put in so ii is safe for everyone. Mr. Jeff Meyer, 194th Street, asked if there is a timeline as to when it will start and h w fast the process will go. Mr. Wacholz stated they would hope to start something this year. The site does require mass grading and to balance the soils. If they run out of season,then it will start next spring. They want to build out as fast as possible. The would hope total build out would be in three to four years. Mr. Meyer asked if there as any thought to adding another entry onto 195th Street instead of just one. Staff stated there are significant challenges with putting another access onto 195th Street from a ade and also whether the county would consider another access. At the county meeting t ey said adding a second access to 195th Street is not feasible. Mr. Meyer asked who dec des whether 194th Street at highway 3 will be a right-in,right-out. Staff stated it would b MnDOT. Commissioner Franceschelli was very pleased with the development and felt we coul move forward. Commissioner Kuyper was in agreement with the plat and realized there are still questions and safety concerns that need to be addressed. Commissioner Bjorge agreed with the other members. The small town feel and open space is demonstrated in this development. She asked about next steps as far as lot si es and setbacks and if that is the unique nature of the development. Staff agreed it is an Planning Commission Minutes August 8,2017 Page 3 goes along with the housing types. They are still working with the developer on wh t encroachments would be allowed in the setbacks. Staff is also working through the details on the curbing and drainage. The connection to 194th Street is worked out between the township and the city. Commissioner Rich asked if all the streets are city or private streets. Staff stated the e are some private roads in the interior. He asked what the Dakota county plat commi sion has to do with platting this land. Staff explained any plat adjacent to a county road ay is required to go before that commission to review access. The final plat will also be reviewed by the county. Commissioner Rich asked about the farming area having a commercial aspect. Mr. Wacholz stated as an ag supported community,they looked at how to be more productive with the open space with an ag purpose. For many local growers,land access is a stumbling block. The area would be a separate corporate e i tity and it would hold the land and engage a CSA operator who would bring consolidate' farm management. Residents could be a subscribing member to the CSA. Commissioner Rich stated regarding the traffic,the more developments go in along highway 3,the i ore issues. Everyone that is currently there is making the traffic what it already is. On t 0 e east side of highway 3 the streets are interconnected. Why on the east side do we w. t the interconnection and on the west side of highway 3 we wouldn't want the interconnection? The ability to take traffic in alternative routes should be a benefit. y would we not want multiple points of access wherever we can get them rather than a lot of individual neighborhoods funneling out onto a major road? He would be a strong advocate of connecting wherever we can. It will provide both a downside and a benefit for existing and future neighborhoods. Chair Ratty stated this is a unique subdivision. It is more diverse, goes from smaller to larger lots and is more rural and environmentally sustainable. He likes what he has sen. There are a number of things to work out. The access to 194th Street is not a done de 1, but there are pro's and con's to doing it. He asked if this is a storm water system thatwill work. City Engineer Gehler stated it is a unique water system and is different than e traditional system with curbs and pipes. Staff has checked with other cities who hav this. We are making sure we have the appropriate things in place to address any 1 concerns. Commissioner Rich asked if there was any concern about winter mainten ce with runoff. City Engineer Gehler stated that could potentially be an issue,but we ar looking at having the rising pipe intakes be the responsibility of the homeowner rath r than the city. Ms. Wanda Meyer, 194th Street,wanted to respond to the comment about the east sid and access to highway 3. It is easier for the east side to access highway 3 because m st of the traffic is going north. It is a big deal in the morning to get onto highway 3. Connecting us is not what we want. We would rather close the street or don't connect it at all. When residents received the original plat drawing we were not connected. A resident on 194th Street bought their home in 2007. If you want to see a development done very well,walk through Providence. They have done a stupendous job in how ey put together that neighborhood. Right now the traffic is a big concern. There is no p k access to cross highway 3. It may be a solution to close 1941 Street by the bike path o keep traffic out,then connect them to the development. She would like to see a fenc Planning Commission Minutes August 8,2017 Page 4 installed along 194th Street to take away the noise from the construction and also mitigate the dust when it is excavated. Mr. Paul Floppen, 194th Street,understood the residents don't like traffic coming in nd out. He lives at the end where everyone pulls into his driveway. He doesn't mind extending the street or a turnaround; something that allows people to get down the street and back out. It would allow traffic to go to the north and get out. MOTION by Franceschelli, second by Bjorge to close the public hearing. APIF, MOTION CARRIED. MOTION by Franceschelli,second by Kuyper to approve he preliminary plat and PUD amendment for Fairhill Estate at North Creek subject to e conditions. APIF,MOTION CARRIED. b. Regetta Fields Preliminary,Final Plats and Planned Unit Development The applicant is Tim Giles and the property is located at the northwest intersection o CSAH 50 and Flagstaff Avenue. The applicant is proposing 61 single family lots 24 acres currently owned by Mr. Richard Sayers. Outlots include a storm water faci ity, parkland and trail. It is zoned R-2 which requires 60 feet of street frontage and a lot area of 6,000 square feet. The development connects to Flagstaff Avenue at the northern and southern boundary. There is also a stub street for development to the north. A turn ane will be provided on the southbound lane of Flagstaff Avenue. Sanitary sewer and w ter are located at Flagstaff Avenue and will be extended into the development. This wil be a phased development. Phase one includes 32 single family lots and four outlots. Mr. Giles would like to install all the utilities in the first phase. I A PUD Agreement is required due to the density of the development. They are proposing 3.5 units per acre and R-2 zoning requires 3.13 units per acres. Concerns were expressed at the June 13,2017,Planning Commission meeting about development of this site. The groundwater flow path has changed since Flagstaff A enue was completed. Water flows in an east-west direction across the site and will not im act the areas at or above the development. The storm water will be contained onsite in t e storm water facility. The public was concerned with the school traffic on Flagstaff d turning into this development. The developer will be providing a turn lane at the northerly access. There was a concern about the amount of traffic generated on Flag taff Avenue and the impact on the intersection of CSAH 50 and Flagstaff Avenue. In 20 4 traffic did not meet the warrants for a controlled intersection. An updated study will be completed by the county as development continues. Staff is recommending approval of the preliminary and final plats and the PUD Agreement subject to the following contingencies: 1. The satisfaction of all engineering comments related to the construction plans for grading and utilities. 2. A Development Contract between the applicant and the city shall be executed an security,fees and costs shall be paid. Submission of all other documents require under the Development Contract shall be required. 3. The signing and recording of the PUD Agreement. Planning Commission Minutes August 8,2017 Page 5 Commissioner Kuyper asked as you head north is it possible to add a bypass lane so people aren't passing on the shoulder. Staff stated the area to the south of the prope y would be a commercial piece of property. The southern road would be extended an would be the main access for that property. At that time we will have to look at tur lanes. Commissioner Bjorge appreciated staff addressing the concerns and was pleased with the development. Commissioner Rich stated this is traditional curb and gutter and asked if there are . IIS water management features. Staff stated it is the standard storm sewer system with t e storm water pond. Commissioner Rich asked if there was a previous developer who put in utilities that should have a reimbursement. City Engineer Gehler stated there are utilities along Flagstaff that were sized appropriately for development. Any new development will pay fees that go back to reimburse the construction of the trunk li -. Chair Rotty was fine with the development. He would have preferred to include this development in the comp plan review. Development will continue in this area. MOTION by Franceschelli, second by Kuyper to close the public hearing. APIF, MOTION CARRIED. MOTION by Franceschelli, second by Bjorge to forward the preliminary and final plats and PUD Agreement for Regetta Fields to Council for approval. APIF,MOTION CARRIED. c. Ordinance Amending Section 10-6-2 of the Zoning Code as it Relates to Home Occupations The commission has been reviewing options to amend the home occupation ordinan4 e. The first major change is to have two distinct classifications for home occupations; permitted home occupations and special home occupations. Permitted would be use allowed by the city without additional approvals or permits and can contain all par.' g within an existing driveway. These would general little if any traffic. Special home occupations would include uses such as barber and beauty services,massage therapy and photography studio. Special would allow for one additional employee who does not reside on the premises. There would be flexibility to allow non-residential employe:s up to four on a case by case basis if found by the Planning Commission that circumstan es exist that would not compromise the residential integrity of the surrounding neighborhood and provided all employee parking is provided off-street. An interim use permit would need approval by the Planning Commission. With an interim use permit, the application would not run with the land. Currently home occupations are done through a conditional use permit which does run with the land. With the interim use permit the occupation would be allowed for an initial one year period. The permit y be re-issued for periods up to three years. The initial application would require a pu lic hearing,subsequent renewals would not. However,property owners within 350 feet of the property would be notified. Another ordinance change is the addition of a General Provisions and Performance Standards section. This section regulates noise, light and hours of operation. Planning Commission Minutes August 8,2017 Page 6 The ordinance does identify occupations that would be prohibited in a residential neighborhood. Commissioner Bjorge appreciated the changes to the ordinance. Commissioner Rich felt this kind of ordinance puts us on the leading edge of home occupation with the two categories. This is a significant development from what we I ave previously allowed. The allowance of up to four employees is in addition to any f.of'ly members,so we have gone a long ways. He asked what the cost is to the applicant for having a public hearing. Staff stated an interim use permit is the same as a condition.l use permit with is $200. The purpose covers the cost of the notice in the paper and mailing the notice to property owners within 350 feet. Commissioner Franceschelli thanked staff for working through this. He agreed this moves the city to a new age in becoming an incubator for new entrepreneurs. Commissioner Kuyper agreed with the comments and noted we have been thinking outside the box. Chair Rotty agreed our home occupation needed to be amended,he would prefer to balance residential and our business community as two separate and distinct communities. He struggles with a business going into a defined residential developent and causing impact. The level of impact is to be determined. When a home occupat on gets too busy,they belong in our commercial district not in a residential district. He understood it needed to be modified,he agreed the correct number of employees is y t to be determined. We will come to terms with this when we have our first applicant w says I want more than one employee. What criteria will we have? He will support sending it to the City Council. MOTION by Franceschelli,second by Bjorge to close the public hearing. APIF, MOTION CARRIED. MOTION by Rich, second by Kuyper to recommend appro al of the home occupation ordinance to the City Council. APIF,MOTION CARRIE . 4. Discussion a. First Street Complaint This item concerns an area where there are two different zoning districts on either si e of the street. Both parties were in attendance. Mr.Ellsworth Hoeppner had a petition for the safety and health of adults and childre of the neighborhood. The residents had a complaint about Base Specialty Company, 52 First Street. The company frequently uses the street for trucks and forklifts. Many a ults and children use the street for walking. Mr. Hoeppner gave examples of the activity hat takes place at the business. Ms.Kay Hoeppner showed several pictures of the area and the activities that take pl e. Mr.Bill Klotz, 512 First Street, stated there is a lot of noise. His biggest concern is loading the trucks on the road with all the children coming by. The trucks are parke on the road against the flow of traffic. It is a matter of when something will happen. If he Planning Commission Minutes August 8,2017 Page 7 business would close their doors and load trucks on the south end of the building,it would help. Mr. Tom Widner, a representative of the business stated this is the problem when yo have residential next to industrial/commercial. Some remedial measures have alrea been taken with loading and unloading trucks. The delivery of sheet metal happens nce a month and the unloading of the trucks has been moved to the back of the building. A new, quieter forklift has been purchased and the forks have been padded. The doors have been closed on a regular basis. Goods are delivered on pallets and the pallets are repurposed and made longer. They can try to reduce the impact on the neighbors. Chair Rotty summarized the intent is to keep the doors closed as much as possible, determine if a new HVAC system is feasible and then the door can remain closed m re often. The other concern is using the city street as a loading and unloading facility. hat is an awkward place to do that and it should be off a city street. Mr. Widner statedey used to load it from the front on the boulevard. Not all of the deliveries can be done om the back side. He agreed the best case is to unload it somewhere else,however,that s not their property to the north. Commissioner Rich noted it would be nice to have sidewalks in the area. Commissioner Franceschelli stated the fork lift does not belong in the street. The truck does not bel brig in the street. You are creating a hazard to navigation,but also a liability to you and sur company. If your truck was hit by an opposing vehicle,you are illegally parked on 0 e thoroughfare. Where is your recourse? There has to be another way to access your property to off load your equipment, even if it means driving into the side you own . m d using your forklift to download it,keeping your forklift,your property and your liab' 'ties out of the main thoroughfare. It will take willpower and dedication on your compan 's part to make that happen. The use of the thoroughfare is the biggest concern. Mr. Widner stated that will take some conversation about how to affectively accompi sh that and the feasibility of doing it. These are long pieces of metal or vinyl. Commissioner Franceschelli stated he would be terrified to make that transition from the street into the driveway with a load and safely doing it without dumping the load or putting myself or equipment in jeopardy. It would be nice if the company would talk about how to objectively approach the problem. Mr. Widner stated this happens one a month;it isn't a daily occurrence. It is infrequent,however,it does occur. Commissioner Franceschelli stated no matter what the infrequency, it is not acceptabIe. Commissioner Kuyper stated he has watched the area and it is infrequent. There is a responsibility on the bike riders and walkers when on the street. The company is ' g steps to rectify the problem. Vehicles have the right-of-way on the street. If a forkli gets hit,the company will be at fault because the forklift shouldn't be on the street. ith the doors open or closed,you have to be concerned with the employee's welfare also. Commissioner Bjorge asked they continue to work on the situation, Chair Ratty appreciated both sides coming. The company will continue to work on this. These concerns have been happening for a number of years and it has irritated the Planning Commission Minutes August 8,2017 Page 8 neighborhood. With the transition between one side of the street and the other,we have to be good neighbors and work on the situation. 5. Adjourn MOTION by Franceschelli second by Kuyper to adjourn at 9:42 p.m. APIF,MOTIO CARRIED. Respectfully submitted, Cynthia Muller Administrative Assistant II