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HomeMy WebLinkAbout11-14-17 City of Farmington A Proud Past-A Promising 430 Third Street Future Farmington,MN 55024 Committed to Providing High Quality, Timely and Responsive Service to All of Our Customers AGENDA PLANNING COMMISSION November 14, 2017 7:00 PM City Hall Council Chambers 1. CALL TO ORDER 2. APPROVAL OF MINUTES (a) Approve Planning Commission Minutes 3. DISCUSSION (a) Regetta Fields Final Plat (b) Discussion on City's Kennel Ordinance 4. ADJOURN 700i'Akio City of Farmington 430 Third Street IZT Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 Wit. •,„O, www.c i.farn ingto n.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Approve Planning Commission Minutes DATE: November 14, 2017 INTRODUCTION Attached, are the minutes from the October 17, 2017 regular meeting. DISCUSSION NA ACTION REQUESTED Approve the minutes from the October 17, 2017 regular meeting. ATTACHMENTS: Type Description o Backup Material October 17, 2017 Regular Planning Commission Minutes Planning Commission Minutes Regular Meeting October 17,2017 1. Call to Order Commissioner Kuyper called the meeting to order at 7:00 p.m. Members Present: Bjorge, Kuyper, Rich Members Absent: Franceschelli,Rotty Also Present: Tony Wippler,Planning Manager 2. Approval of Minutes a. MOTON by Bjorge second by Rich to approve the minutes of September 12,2017. APIF, MOTION CARRIED. 3. Public Hearings—Commissioner Kuyper opened the public hearings a. Preliminary and Final Plat—Nicolai Addition David Nicolai is proposing to plat six residential lots within 2.5 acres at the northwest intersection of 225th Street W and Cambrian Way. Tim Giles is the developer. The property is zoned R-1 (low medium density residential). Approval is recommended with two 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 of Farmington shall be executed and security,fees, and costs shall be paid. Submission of all other documents required under the development contract shall be required. Mr. Matt Jennings, 224 Canova Court, stated he built his house on the corner with the understanding nothing else would be built around there. This ruins the visual aspect of his entire property. He had concerns about runoff. Staff stated any runoff will go into the infiltration basin. Mr. Jennings has a big boulder wall along the property. This development ruins the value of his home. Staff noted this property has been contemplated for development a couple times in the past,but nothing went through. Commissioner Kuyper stated the zoning map shows it is zoned residential. There are many dead end streets that are not yet developed. With a growing city, streets will get extended. He understood the concerns, but if it meets the zoning code and requirements it can be approved. As far as the runoff, staff noted the development has to accommodate for their own runoff The engineering department has approved the storm water management plan. Mr. Jennings asked about the trees. Staff stated some will be removed and some will be saved. Mr. Jennings planted new trees along the lot line. MOTION by Rich, second by Bjorge to close the public hearing. APIF,MOTION CARRIED. Planning Commission Minutes October 17,2017 Page 2 Commissioner Rich had a concern about the infiltration basin. It will be owned by two property owners and they will have the responsibility of maintaining it? Staff noted the city will maintain the basin. The property owners would mow the area. MOTION by Bjorge, second by Rich to approve the preliminary and final plat subject to two contingencies. APIF,MOTION CARRIED. b. Conditional Use Permit to Allow for Auto Repair Major Use—321 Elm Street—E Z Auto Repair,LLC Eric Zeimet, owner of E Z Auto Repair is proposing to construct a 3,616 square foot building at the northwest intersection of Elm Street and 4th Street at 321 Elm Street. The property is zoned B-2 (downtown business), There will be three bays facing Elm Street and a fourth bay off of Fourth Street. There will also be a reception area. The Fourth Street access will be reduced from 60 feet to 24 feet, allowing for more on-street parking. There will be two off-street parking spaces and one off-street handicap space. There are six criteria for a conditional use permit and all the criteria have been met. There are two contingencies: 1. A sign permit shall be submitted and approved for any exterior signage to be placed on site. 2. A building permit shall be submitted to and approved by the city's building official. Mr. Michael Carlan,401 Elm Street, stated his concern is with the previous auto repair shop, customers would pull up and park on the sidewalk, especially in the winter. Another property along Elm has posts blocking parking on the sidewalk. He asked if the same could be done here. Staff stated the Fourth Street access was very wide and that could be why people parked there. That access will be reduced significantly and there will be a raised curb. Mr. Carlan stated cars blocked the sidewalk on Elm Street. Staff stated now the off-street parking will be facing Fourth Street, so that should not be an issue. MOTION by Rich, second by Bjorge to close the public hearing. APIF,MOTION CARRIED. MOTION by Bjorge, second by Rich to approve the site plan and conditional use permit subject to the two contingencies. APIF,MOTION CARRIED. c. Interim Use Permit for a Special Home Occupation 400 Main Street—Laura Hanks Laura Hanks has submitted an application for an interim use permit for a special home occupation for a day spa within her home at 400 Main Street. The property is surrounded by single family homes. The existing zoning is R-T(downtown transitional mixed use). Regarding off-street parking, at least four vehicles can fit in the existing driveway. A condition of approval is that all off-street parking areas on site must be surfaced with bituminous or concrete. This is an expansion of her current home based business into a day spa. She is requesting approval to have four employees who would not reside on the premises. The interim use permit is valid for one year and may be extended for up to three years. The majority of the first and second floors of the residence will be used for Planning Commission Minutes October 17,2017 Page 3 this business. According to city code, a home based business cannot exceed more than 45% of the gross floor area of the dwelling unit. Approximately 39% of the gross floor area will be used for the business. The hours will be Monday through Thursday, 9 a.m. to 8 p.m., Friday 9 a.m. to 6 p.m., Saturday 9 a.m. to 5 p.m. and closed on Sunday. Services will be offered by appointment only. Following are the conditions for approval: 1. Determination by the Planning Commission regarding allowing the four requested non-resident employees. 2. All off-street parking areas must be surfaced with bituminous or concrete by June 1, 2018. 3. The interim use permit is valid for one year and must be reissued by the Planning Commission if the business continues beyond the initial year. The permit can be reissued for periods up to three years. 4. Information regarding the location and size of the resident living quarters must be provided to staff to ensure the 45%maximum gross floor area for the business is not exceeded. 5. Subject to any building permits that may be deemed necessary by the city's building official. 6. A sign permit must be applied for and approved for any exterior signage. Signage cannot exceed 2 square feet in size and may not be illuminated. 7. A therapeutic massage license must be submitted to and approved by the City Council. MOTION by Bjorge, second by Rich to close the public hearing. APIF, MOTION CARRIED. Commissioner Rich noted the four employees is the maximum allowed under the city code. With the services listed, scheduling could be a challenge to make sure no more than four overlap. He wanted to make sure the applicant is committed to that. Commissioner Bjorge noted this recent code amendment allows people to grow their business at home until they are ready for a commercial building. This property is in a downtown transitional mixed use zoning so it is in a perfect location. MOTION by Rich, second by Bjorge to approve the interim use permit including the seven conditions, adding that surfacing of off-street parking be completed by June 1, 2018. APIF, MOTION CARRIED. 4. Adjourn MOTION by Bjorge second by Rich to adjourn at 7:43 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Administrative Assistant yip-EARio r City of Farmington ry , 430 Third Street Farmington, Minnesota / 651.280.6800 -Fax 651.280.6899 ,,NOW" www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Regetta Fields Final Plat DATE: November 14, 2017 INTRODUCTION Tim Giles of Giles Properties, Inc. has submitted a revised final plat for the Regetta Fields subdivision. The Regetta Fields subdivision is to be located generally at the northwest intersection of CSAH 50 and Flagstaff Avenue and consists of 24.08 acres. DISCUSSION The preliminary plat and initial final plat were reviewed by the Planning Commission on August 8, 2017 and subsequently approved by the City Council on August 21, 2017. The approved preliminary plat consists of 61 lots over 24.08 acres for a net density of 3.13 acres. Mr. Giles had initially requested that the development be phased, with the first phase (initial final plat) consisting of 32 single-family residential lots. Mr. Giles has since decided not to phase the development but to final plat the entire 61 lots. Proposed Final Plat The attached final plat consists of 61 single-family residential lots. The property is zoned R-2 (Low/Medium Density Residential)PUD which allows for a minimum lot size of 6,000 square feet, minimum lot widths of 60 feet, minimum setbacks of 20 feet in the front and 6 feet on the side and rear yards, and a maximum lot coverage of 35%. The lots proposed within the proposed final plat meet and/or exceed the lot area and width requirements identified above. The proposed lots range from 7,920 square feet to 12,890 square feet in size. In addition to the residential lots, there are three outlots within the proposed final plat. The outlots are as follows: Outlot A- s to rmwater facility Outlot B -parkland and trail corridor Outlot C -trail corridor There are 2 accesses proposed with the final plat. Street A connects into Flagstaff Avenue towards the northern boundary of the site and loops through the development. Street B is a stub street that will be extended northerly when development occurs on the adjacent property to the north. Streets C and D provide secondary access to Flagstaff Avenue at the southern boundary of the plat. A turn lane will be provided for the southbound lane of Flagstaff Avenue at Street A. The final plat will have to be modified prior to recording to reflect the street names that are shown on the attached depiction labeled Exhibit A. The proposed revised final plat is consistent with the preliminary plat that was approved by the City Council on August 21, 2017. ACTION REQUESTED Recommend approval of the revised final plat for Regetta Fields, 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 City of Farmington shall be executed and security, fees, and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. ATTACHMENTS: Type Description ❑ Backup Material Final Plat-sheet 1 ❑ Backup Material Final Plat-sheet 2 ❑ Backup Material Exhibit A-street names REGETTA FIELDS SURVEYOR'S CERTIFICATE KNOW ALL PERSONS BY THESE PRESENTS:That Giles Properties,Inc.,a Minnesota COUNTY SURVEYOR corporation,lee owner of the following descMatl proper),siluetetl in Ma County of Dakota, I.Russell P.Damao.do hereby certify this plat was prepared by ma or under my direct Stets of Minnesota.to witsupervision;that I am a duly Licensed Land surveyor in the Slate of Minnesota',that this plat is I hereby certify that in accordance with Minnesota Statutes.Section 505021,Subd.11,this representation of the boundary survey;1.1 all mathematical data a.labels are plat has been reviewed and approved this day of Part of the Northeast Quarter of the Northeast Quarter and part of Me Northwest Quarter correctly designated atetl on this plat:that all monuments depicted on the plat have been,or will be correctly sal within one year;that all water boundaries eM wet lands,as defined in Minnesota 30 of the Northeast Quarter of Section 34,Township 114,Range 20,Dakota Covnry, Statutes.Section 505 01.SUM.3,as of the date of this certificate are shown and labeled on d 85 Minnesotagn^egscribne northeast corner of said Northeast Quarter;(hence o this play.end all public ways are shown and labeled on the plat. South 0 degrees 26 minutes 25 seconds West,along the east line thereat Todd B.Tollehon aedistance of 732.06 1 eat',thence South 89 degrees 43 minutes JJ seconds Wast a Dakota County Surveyor Dated this day of 20 distance of 419.92 feet:thence NOM 0 degrees 16 minutes 27 seconds West a distance of 7000 feel;thence South 89 degrees 43 minutes 33 seconds West a distance of 60369 feet;thence North 87 degrees 38 minutes 17 seconds West a DEPARTMENT OF PROPERTY TAXATION AND RECORDS distance of'sz 44 feet;thence North 89 O9ddeggraes]J minutes 00 seconds East a Russell P.Damao,land Surveyor Pursuant to Minnesota Statutes,Section 505.021.SUM.9,tax payable in l year 20 distance5000 feat;thence South es 27 mnutes 00 seconds East a Minnesota License No.19086 s distance of 3500 feel;thence North 0 degrees JJ minutes 00 seconds East a on the land hereinbefore described have been paid.Also pursuant to Minnesota distance of 487 06 leer to the noM line of said ortM1e atQuarter of Section 34; Statutes.Section 272 12,there are no delinquent taxes and transfer entered this thence North 89 degrees 43 minutes 33 seconds East,along said north line,a STATE OF MINNESOTA distance o1154095feet to Me point of beginning. COUNTY OF y 20 This insburrent was acknowledged before me this day of_ By Director Has caused the sa ato be surveyed and platted as REGETTA FIELDS arta Minnesota Li does hereby 20 by Russell P.Damao.Land Surveyor.Minnesocense Na.19086. Department of Property Taxation and Records donate and dedicate to public,for public use forever Me thoroughfares and dedicate the easements as shown on this plat for drainage and utility purposes anay. In witness whereof said,Giles Prope.as,Inc.,a Minnesota corporation,has caused these COUNTY RECORDER,COUNTY OF DAKOTA,STATE OF MINNESOTA presents to be signed by its proper officer this day of Notary Public. County.Minnesota I hereby certify that this plat of REGETTA FIELDS was fled in the Office of the County 20 My Commission Expires Recorder for public record on this day of 20 , o'clock M.,and was duly filed an Book of Plats` GILES PROPERTIES.Inc. Pepe ,as Decurrent Number By Rs PLANNING COMMISION.FARMINGTON,MINNESOTA By: Approved by the planning Commission of the CM of Farmington.Minnesota on this County Recorder STATE OF MINNESOTA day of 20 COUNTY OF This instrument was acknowledged before me this day of 20 Chair by Timothy Giles,the president of Giles PropeNes,Inc.,a Minnesotacorporabon, on Wharf of the company. CITY COUNCIL.FARMINGTON,MINNESOTA This plat was approved by the City Council of Farmington.Minnesota this day of 20 and hereby certifies compliance.11 all N blrc. County,Minnesota requirements es set fowl in Minnesota Statutes.Section 505 03.Subd.2 My Commission Expires Mayor 016.1.1,140 NGIN«EEIIIN6 RAMotacowl SUINLYTAK m� COMPANY, INC. SHEET 1 OF 2 SHEETS REGETTA FIELDS 60 0 60 120 ■ ■ ■ M I SCALE IN FEET. wR,,.ry RGE pw 1 503TsEc xwR 31,arv.RGE mw\ OUTLOT C� N69.43.33-E 1540.65 7ez zs,� ee oo 1200133 ao o uns ay 330 ea.ia 1zao 7501 41 eo�a o ea.se pg3s. 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SHEET 2 OF 2 SHEETS oEFw City of Farmington 430 Third Street W Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 44r.,,nag" www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Discussion on City's Kennel Ordinance DATE: November 14, 2017 INTRODUCTION Staff would like to discuss with the Commission the City's Kennel ordinance, and the possible amendment to this ordinance based on a request that has been received. DISCUSSION The City has been approached by a prospective business to located a dog boarding and daycare business within the Farmington Mall located at 923 8th Street. The business would provide services for dog owners such as daycare, boarding, walking services, transportation, and training. The daycare would potentially consists of a 14 hour period from 6 am to 8 pm where dogs would be kept at the facility while the owners are away for the day or require the pet to be out of their residence for a period of time. The boarding component would consist of unattended overnight stay from 8 pm to 6 am. The use as proposed would fall under the zoning use classification of a kennel. A kennel is defined within the zoning Code as follows: KENNEL: Any structure or premises in which three(3) or more domestic animals over six(6)months of age are bred for sale, boarded, trained or kept. Under the City's current zoning regulations, kennels are only allowed in the A-1 (Agriculture) zoning district as a conditional use. The Farmington Mall is located within the B-1 (Highway Business)zoning district, therefore, kennels are not currently an allowed use in this zone. An amendment to the city code would be required to allow the proposed use at this property. This type of use(commercial kennel) is becoming more prevalent and are being allowed within certain business and industrial districts in many communities. Below, for purposes of this discussion, are a couple examples of other nearby communities and how they address this type of use within their respective codes: Apple Valley Business Park District: A pet spa or daycare is allowed within the Business Park District as a permitted use. This district according to Apple Valley's code is "designed for uses and businesses which provide and may combine office, corporate headquarters, research, light assembly, commercial recreation and storage within a building shell. The district requires a specific architectural concept plan, consistent with commercial buildings, as per section 155.346(D)(1), and a minimum of 40 acres. Without mitigation of impacts through requirements in this subchapter, these uses may be incompatible with residential development. Therefore, businesses in this zoning classification are concentrated, isolated and buffered as much as possible from any adjoining residential area." As previously mentioned, a pet spa or daycare is a permitted use within this district but is subject to the following: (1) Outdoor animal-relief areas, subject to a conditional use permit. (2) If located in a multi-tenant building, soundproofing shall be installed on all common walls between the daycare suite and adjacent suites within the building. (3) The overnight keeping of animals shall be allowed on a limited basis, and shall not exceed 35% of the number of animals kept during the day. (4)No outdoor facilities, including runs, kennels or outdoor storage, shall exist. (5) a cattery or kennel shall not be allowed as part of a pet spa or daycare facility. If an outdoor relief area is to be provided as part of the pet spa or daycare operation it would require approval of a conditional use permit and be subject to the following requirements: (1) The outdoor relief area shall be properly screened in a manner approved by the city. (2) The exterior of the premises outside of the screened area shall be maintained in a clean and sanitary manner. (3) The outdoor relief area shall be for the use of dogs only. (4)No dogs shall remain unattended in the outdoor relief area. (5) The outdoor relief area shall not be used as an outdoor kennel, animal run, animal outdoor play area, materials storage, or any other use not specifically identified in the conditional use permit. (6) The outdoor relief area shall be maintained in a clean and sanitary condition at all times. (7) Solid waste material shall be removed a minimum of once per day, and disposed of in a sanitary manner. (8)A filtration bed shall be constructed to ensure that liquid waste will not enter into the ground or the city's storm water system. (9) Final plans for any outdoor relief area shall be reviewed and approved by city staff prior to any construction. (10) Pea gravel and lime shall be removed on an annual basis, and the city shall inspect the removal and replacement materials. (11) The outdoor relief area shall be maintained in clean and sanitary condition at all times. All solid waste must be removed a minimum once per day, and disposed of in a sanitary sewer; and liquid waste shall be flushed with water and sanitized with an environmentally sensitive cleaning and sanitation product once per day. Limited Industrial District Animal kennels with outside pens are listed as a conditional use the Limited Industrial District. This district according to Apple Valley's code "are areas which because of availability to thoroughfares, suitable topography and isolation from housing areas, are appropriate for manufacturing, warehousing and similar industrial uses having a minimum nuisance characteristics." A kennel is defined in Apple Valley's code as any premises where three or more dogs, at any one time, over three months of age, are present as owners' pets, pets accepted for boarding, breeding, training or sale, except when located in a pet shop or veterinary clinic. In addition to needing conditional use permit approval for a kennel in this zone the Apple Valley code provides additional requirements on kennels including, but not limited to, an annual permit and fee, a kennel has to meet the minimum standards as outlined in state statute(Pet and Companion Animal Welfare Act) for the care and keeping of dogs, and that no kennel shall be constructed or operated within 500 feet of any residential dwelling other than the owner's. Burnsville The City of Burnsville allows Commercial Kennels within the B-4(Highway Commercial District)as a permitted use and within the B-3 (General Business District)and the Gateway Industrial Heavy District as conditional uses. A commercial kennel is defined in Burnsville City Code as any place where six(6)or more dogs over four (4)months of age, or more than ten(10) cats over four(4)months of age, or any combination thereof, not including offspring under seven(7)months of age, are commercially kept, boarded, trained or offered for sale except when located in a pet shop or veterinary clinic/hospital. A kennel may include secured outdoor runs and/or play areas. The purpose statements for the three zoning district that allow commercial kennels are as follows: B-4 (Highway Commercial District) The purpose of the B-4 highway commercial district is to provide for a mixture of commercial, office, and light industrial land uses, made mutually compatible through the enforcement of performance standards, to encourage and accommodate high quality, large scale development opportunities along intermediate arterial roadways with the city. GIH Gateway Industrial Heavy District The purpose of the GIH gateway industrial heavy district is to provide areas for heavy industrial users with outdoor operations and storage needs. This district was created to implement the Minnesota River quadrant(MRQ)plan identified by the comprehensive plan and provides an area of the community for heavy industrial users with access to Highway 13 and the railroad. B-3 (General Business District) The purpose of the B-3 general business district is to provide an area of service facilities to the motoring public. Because of the unique character of this type of commercial activity and its great dependence upon transient trade and traffic, and because of the greater than normal adverse effects created by the users within this district, the location of such activities are critical and should be developed either within other commercial spheres adjacent to arterial traffic routes or as well buffered areas adjacent to major streets. This district is also intended as a business district which may be located adjacent to shopping centers or other retail business districts, thus keeping the basic retail area compact and convenient, or in separate area which may be located in close proximity to a major street or highway, in order that highway service type land uses can be provided. The Burnsville code also provides standards for commercial kennels that must be met. These standards are as follows: (1) Related ancillary services including training, grooming and food and accessory sales may be conducted or provided at the facility. When located in an industrial district, these services are subject to section 10-23- 2 of this code. (2)An enclosed exercise area shall be provided to accommodate the periodic exercising of animals boarded at the facility. An outdoor exercise area must be fenced to a minimum height of four feet(4'), must have a three foot(3')vegetative buffer, must be cleaned regularly, and animal waste shall not be allowed to enter a stormwater pond or storm sewer. (3) In a multi-tenant building, the kennel facility must have a ventilation system that prohibits the transmission or odors or organisms between tenant bays. The ventilation system must be capable of completely exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated for the keeping of animals exclusive of offices pursuant to chapter 1346 of the Minnesota state building code, as may be amended, these requirements can be met by the submission of an air exchange analysis, acceptable to the city from a Minnesota licensed contractor or engineer confirming compliance with said standards, otherwise, the facility ventilation system must be completely separate and independent of other tenant space within the building. Facility air temperature must be maintained between sixty degrees and eighty degrees Fahrenheit. (4)A sufficient sized room/cage separate from the facility areas shall be provided to adequately separate sick or injured animals from healthy animals. (5) Wall finish materials below forty eight inches (48") in height shall be impervious, washable materials such as sealed masonry, ceramic tile, glass board, or marlite. Floor finish shall be sealed concrete or other approved impervious surface. Liquid tight curbing, at least six inches (6")high, shall be installed along shared walls for sanitary confinement and water wash down cleaning. (6)Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a container of sufficient construction to eliminate odors and organisms. ACTION REQUESTED As you can see there are multiple ways of regulating this type of use. Staff would like to discuss the Commission's desire of potentially amending the City's zoning code as it relates to kennels. If the desire is to move forward with an ordinance amendment staff would like the Commission to provide direction.