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HomeMy WebLinkAbout08-13-19 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 August 13, 2019 7:00 PM City Hall Council Chambers 1. CALL TO ORDER 2. APPROVAL OF MINUTES (a) Approve Planning Commission Minutes 3. DISCUSSION (a) Draft Ordinance Amending Section 10-6-4 of the City Code as it Relates to Recreational Vehicle Parking 4. ADJOURN GI 'Y OF 430 Third SL Farmington, MN 55024 FARMINCTON65„.._68.0 ' ~- FarmingtonMN gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Approve Planning Commission Minutes DATE: August 13, 2019 INTRODUCTION Attached, are the minutes from the July 9, 2019 regular meeting. DISCUSSION NA ACTION REQUESTED Approve the minutes from the July 9, 2019 regular meeting. ATTACHMENTS: Type Description c Backup Material July 9, 2019 Planning Commission Minutes Planning Commission Minutes Regular Meeting July 9,2019 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty, Franceschelli, Tesky Members Absent: Bjorge, Windschitl Also Present: Tony Wippler, Planning Manager 2. Approval of Minutes a. MOTON by Franceschelli, second by Tesky to approve the minutes of June 11, 2019. APIF, MOTION CARRIED. 3. Public Hearings—Chair Rotty opened the public hearings a. ONG Auto, LLC—315 Pine Street Possible CUP Revocation A CUP was approved on June 13, 2017,to allow auto repair, major use on the property. The applicant was Oleg Vdovchenko of ONG Auto LLC. There were three conditions: 1. The applicant obtains all necessary building permits from the city's building official. 2. A sign permit is applied for any external signage. 3. The proposed parking area must be surfaced with concrete or bituminous and shall be set back at least ten feet from all property lines. The city has received several complaints regarding the overall condition of the property, vehicles being parked and stored off of the hard surface,vehicles being kept in the city's boulevard and Pine Street being used as a staging area for loading and off-loading of vehicles for the business. Also the required fencing has yet to be fully installed; however,this past week Mr. Vdovchenko has started to construct a 6 foot high wooden privacy fence on the property. The city notified Mr. Vdovchenko of the violations on February 14, 2019, and gave him until April 15, 2019,to rectify the parking of the vehicles on site, installation of fencing and general cleanup of the property. The planning commission can take one of the following actions: 1. Revoke the CUP for 315 Pine Street and direct staff to work with the city attorney on drafting Findings of Fact that will be brought back to the planning commission on August 13, 2019, for review and approval. 2. Have staff continue to work with Mr. Vdovchenko on completion of the necessary improvements and to provide an extension not to exceed an additional 60 days from the date of the public hearing. Staff suggested a date of October 8, 2019. Mr. Vdovchenko explained he is delayed because he just moved from a different location and he had to put $96,000 into blacktop. He has employees and has to pay for a lot of things, so he doesn't have money for all of it right now. He wants to improve the property and work with the city to make it as friendly as possible. As of last year, he sold 400 cars and brought in a lot of tax money to the state. We have blockage of the street Planning Commission Minutes July 9,2019 Page 2 for a few minutes when unloading vehicles. We have the same blockage with fuel tanks at Kwik Trip. Mr. Randy Meade, 317 Pine Street, lives next door. He has had no trouble with the business. He has lived there 29 years and he sees no problem. It's a man trying to make a living and trying to work with you. It seems you are trying to make it difficult for him. He has a five star rating in the state. That is a business we should have in Farmington. There are times he has asked if they are making too much noise or working too late. Mr. Meade had no trouble with him. He is a nice guy and trying to make a go of it. Member Franceschelli stated one reason we are having this hearing is to get both sides of the story. We have an obligation to at least hear the complaint both for and against. He asked Mr. Vdovchenko that he has had this business for two years and has it grown enough that maybe he has outgrown the property? Mr. Vdovchenko has thought of that and he and staff have looked at a new property, but it has an easement and he does not want to put money into something that will not work. He wants to stay in Farmington. He doesn't want to make a move that will not work. Member Franceschelli asked if his cash flow problem will be resolved in 60 to 90 days. Mr. Vdovchenko stated he just paid off a portion of the blacktop. He wants the city to be more open to him and tell him what they want. Member Franceschelli asked if he contacted the city about realigning the CUP to make it more manageable. Mr. Vdovchenko stated no. He talked to staff and was told its good he's putting up a fence. Member Tesky asked when the fence will be completed. Mr. Vdovchenko stated there is a lot next to his where he dumps snow. If he puts a fence there it will be inconvenient for moving vehicles in and out. He has a fence on the north east side of the property. If he can talk to someone to slow down the process until he finds a new property, then he will put up the fence. He needs the open lot next door to move vehicles. There is a flood zone in the back so that is where he will store the snow. He has seven employees. Chair Rotty understood his situation. Two years ago when you applied for the CUP I asked if you accepted these conditions. You knew about and accepted these conditions in 2017. Mr. Vdovchenko agreed. Chair Rotty understood his financial situation. Staff sent him a letter in February that conditions have not been met. Chair Rotty asked if he responded to that. Mr. Vdovchenko stated he asked what they had to do. They moved towards cleaning up the front of the building. It was raining a lot and couldn't put up a fence in the rain. Chair Rotty stated you have known about this for two years so the letter in February shouldn't have been a surprise. Mr. Vdovchenko stated his CUP says nothing about fencing. Chair Rotty stated there are other items such as parking. He can sympathize about the financial situation, but it sounds like your business is doing very well. Mr. Meade stated he has lived behind Rambling River Repair for 29 years and sees numerous vehicles are parked on the dirt. Why has no one said anything to them? Why haven't they had to do this? Member Franceschelli asked if he was complaining about them now? Mr. Meade stated he doesn't want to complain about anybody, but why are Planning Commission Minutes July 9,2019 Page 3 you giving this man a hard time and no one has said anything about Rambling River Repair? Member Franceschelli stated we have received complaints about this issue. Mr. Meade stated he doesn't see anyone here now. No one has told them if you don't do this you will be gone. Member Franceschelli stated we are talking about his business because we received a complaint about his business, not everyone's. Mr. Meade stated he does not see why one man should be singled out and his business is thriving and no one else has to meet the same requirements. Chair Rotty stated when you say no one else, is there one other complaint you have? That is a condition he agreed to in 2017. Mr. Meade asked why has no one else said anything about others that are parking on dirt? Chair Rotty stated he is in violation of his CUP. Member Franceschelli stated none of those other people have been here for conditional uses. This gentleman has been. We are dealing with his issue, not anybody else and if you don't want to deal with his issue then please have a seat. A resident, 304 Willow Trail, asked the commission to consider he is growing and just started. Even though he says he is doing well, he just pays his employees and sometimes there is almost nothing to take home. If you think he is financially good, he is trying step by step to pay off project. He is trying. He has been working hard for this for ten years in different locations. He cannot afford those things, but he needs more time. Isaac, a Farmington resident, bought a car from him and they had a great experience. They look forward to buying from him again and he looks forward to how Farmington can support small businesses. Chair Rotty stated his recommendation would be to allow staff to work with Mr. Vdovchenko for a period of time. He is making progress. As far as the financial side, he can't address that. The other conditions are doable within reason and Mr. Vdovchenko agreed to them in 2017 when he was granted the CUP. He suggested continuing the public hearing until October 8, 2019. Hopefully by that time Mr. Vdovchenko has completed the conditions and if not, we will make a decision on the CUP that evening. It is not an extension of two or three months. He has known for two years so this is a two year and three month timeline he has been on. Member Franceschelli agreed with Chair Rotty. There is an opportunity for education and growth and to go to staff to see about modifications. We have a business that is overcome by events and time and we should continue to work with him so we can have a successful completion to the betterment of the community. Member Tesky agreed. Mr. Vdovchenko has a successful business and wants to continue to grow that. MOTION by Tesky, second by Franceschelli to continue the public hearing to October 8, 2019. APIF,MOTION CARRIED. Chair Rotty urged Mr. Vdovchenko to meet with staff to get this resolved. Planning Commission Minutes July 9,2019 Page 4 4. Discussion a. Just For Kix Site Plan—4640 Knutsen Drive This site plan is in Vermillion River Crossing. An 11,250 square foot building is proposed south of Farmington Family Clinic and McDonald's. The building will contain three spaces; one being occupied by Just for Kix Dance Studio. The property is zoned Spruce Street Commercial and the site plan meets the requirements for that zoning. They propose 73 parking stalls, code requires 45 spaces. The exterior will be a mixture of materials. The building will have rooftop mechanical units and will be screened. A five foot wide sidewalk will be installed in the boulevard of Knutsen Drive and will connect to a six foot wide sidewalk that surrounds the building. The trash enclosure will be in the southeast corner and will be screened. A monument sign will be in the northwest corner of the lot. Site plan conditions are: 1. The submission of an overall sign plan for building wall signage. 2. The submission and approval of a sign permit for any exterior signage to be placed on site. 3. The submission of a plan acceptable to city staff for the screening of the trash enclosure. 4. Submittal and approval of a building permit. Mr. Ryan Anderson, ISG Engineering, met with staff two months ago on this project and hopes to start construction this fall with completion in the spring. There will be one access to the parking lot and that has been approved by the fire department. The concrete pad for the trash enclosure will be tipped toward the parking lot rather than towards the pond. Members were very pleased with the plan. Mr. Anderson agreed with all the conditions of the site plan. MOTION by Franceschelli, second by Tesky to approve the Just for Kix site plan at 4640 Knutsen Drive. APIF, MOTION CARRIED. 5. Adjourn MOTION by Franceschelli second by Tesky to adjourn at 7:41 p.m. APIF MOTION CARRIED. Respectfully submitted, Ct�wtl4ti Muller Cynthia Muller Administrative Assistant CITY OF 430 Third St., Farmington, MN 55024 FARMINCTON / 651-28o-6800 FarmingtonMN.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Draft Ordinance Amending Section 10-6-4 of the City Code as it Relates to Recreational Vehicle Parking DATE: August 13, 2019 INTRODUCTION Attached, for the Commission's review and comment is a draft ordinance amending Section 10-6-4 of the zoning code as it relates to recreational vehicle parking. DISCUSSION Currently Section 10-6-4(L)of city code allows for the parking of recreational vehicles (campers, rv's, boats, etc.) on city streets for a period of time not to exceed 72 consecutive hours. In addition, they are not allowed to be parked on city streets between the dates of November 1 and April 15 of each year between the hours of 2:30 A.M. and 5:30 A.M. for winter parking restrictions. This is done through referencing Section 9-1-9 of city code. Staff is suggesting amending the current code(Section 10-6-4(L)) to reference Section 9-1-4(F) of the police regulations versus 9-1-9 as it currently does. Section 9-1-4(F)reads as follows: 9-1-4:PARKING PROHIBITED: (F)Between two o'clock(2:00)A.M. and five o'clock(5:00)A.M., no person shall park any vehicle in excess of seven thousand (7,000)pounds GVW or any trailer on any city street except that the owner of a vehicle under fifteen thousand (15,000)pounds GVW may apply to the Farmington police department for a temporary parking permit, not to exceed three(3)consecutive days or six(6) days annually. Such permit to be issued only with the written consent of the property owner(s) directly adjacent to the parked vehicle. No property owner may authorize more than three(3)permits per calendar year. (Ord. 092-270, 7-6-1992) Staff is proposing this change in large part due to the increased volume of recreational vehicles that are being stored for periods of time on city streets as well as to rectify some conflicting codes provisions to assist in providing more consistent enforcement for dealing with parking of these vehicles and trailers on the city streets. It should be noted that these types of vehicles and trailers would still subject to the winter parking restrictions as outlined in 9-1-9 of the city code if this amendment were to be put into effect. The main impact this amendment would have is that recreational vehicles and trailers would not be able to be parked on a city street continuously for 72 consecutive hours, unless approval was given by the Police Department. Recreational vehicles and trailers would have to be removed from the city street nightly. ACTION REQUESTED Review and provide comments on the proposed ordinance amendment. ATTACHMENTS: Type Description D Ordinance Draft Ordinance CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-6-4, OF THE CITY CODE AS IT RELATES TO RECREATIONAL VEHICLE PARKING THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. That Title 10 of the Farmington City Code, is hereby amended as follows(deleted text is Gtruck and added text is underlined): 10-6-4: OFF STREET PARKING: Off street parking spaces shall be provided in accordance with the specifications of this section in all districts except the B-2 downtown business district whenever any new use is established or existing use is enlarged. Uses Parking Requirements Accessory apartment 1 per dwelling unit Animal clinics 5 per doctor plus 1 per additional employee Auto repair,major 3 per bay plus 2 per service station Auto repair,minor 2 per bay plus 2 per service station Bowling alley 5 for each alley Churches, funeral homes 1 per 4 seats in principal assembly room. Define seat as 22 inches and theaters Clinics [5 per doctor or dentist plus 1 per additional employee Clubs 1 per 3 customers to maximum seating capacity Commercial recreation uses 1 per 2 customers to maximum capacity Convenience stores,with and 1 per 200 square feet or retail plus 1 per employee without gas Dwellings,multi-family 2.5 per dwelling unit Dwellings, quad;townhouse and 2 per dwelling unit plus 0.25 per unit in common parking space two-family Dwellings, single-family 2 per dwelling unit Group daycare facility, 13 to 16 persons 1 per employee plus 1 per every 5 clients Group homes, (6 or less persons; 1 per employee plus 1 per every 5 clients 7 to 16 persons; commercial)and nursing homes Health clubs 1 per 200 square feet Home occupations 2 spaces in addition to the requirement for dwelling Hospitals 1 per 3 beds plus 1 for each 3 employees on maximum work shift Hotels/motels 1 per rental unit plus one per employee Kennels, commercial 1 per employee plus 1 per every 1,000 square feet Manufacturing/industrial 1 per 600 square feet facilities Offices,personal and 1 per 250 square feet professional services Personal health and 2 per operator station beauty services Public and parochial schools- 1 per classroom plus 1 for every 30 children elementary and junior high Public and parochial schools_ 1 per classroom plus 1 for every 3 children senior high Public buildings 1 per employee plus 1 per 200 square feet Restaurant, class II " 1 per every 2 customers to maximum seating capacity Restaurants,class I, III, IV and 1 per every 3 customers to maximum seating capacity plus 1 per coffee shops employee Retail facilities At least 1 off street parking space for each 200 square feet of floor area up to a total floor area of 10,000 square feet.At least 1 off street parking space for each 250 square feet of floor area in a building that has between 10,001 and 30,000 square feet.At least 1 off street parking space for each 300 square feet of floor area in a { building that has more than 30,000 square feet Warehousing facilities 1 per 2,000 square feet r._ Wholesale businesses 11 per 1,000 square feet (Ord. 002-469, 2-19-2002; amd. Ord. 006-548, 2-6-2006) (A)Other Locations: Parking spaces may be located on a lot other than that containing the principal use with the approval of the board of adjustment. (B)Grading And Drainage:Any off street parking lot and driveway shall be graded for proper drainage and surfaced with concrete or bituminous material. (C)Lighting:Any lighting used to illuminate any off street parking shall be so arranged as to reflect the light away from adjoining premises in any R district. (Ord. 002-469, 2-19-2002) (D)Access Driveways: All off street parking areas shall have access from driveways rather than from public streets. Said driveway access shall be limited to thirty feet(30') in width at the right of way line and thirty feet(30')at the public street paved surface, except that driveways which serve as access for truck off street loading areas in industrial districts shall be thirty two feet(32')at the street right of way line along collector streets and sixty feet(60')at the street right of way line along local streets. (Ord. 004- 521, 11-15-2004) (E)Plans Submitted To City Engineer:Plans for parking lots shall be submitted to the city engineer for approval before construction may begin. Such plans shall indicate two foot(2')contours,paved surfaces, landscaping, drainage structures, lighting and other physical features. Prior to approval of the parking lot plan,the applicant shall submit surety acceptable to the city administrator in the amount of the established costs of complying with the plan. The aforesaid surety shall be provided to guarantee completion and compliance with the plan. (F) Size Of Spaces: Parking spaces shall be a minimum of nine feet by eighteen feet(9'x 18'). (G)Location Of Parking Facilities: Required off street parking shall be on the same lot as the principal building. (H)Joint Parking Facilities: Required parking facilities serving two(2)or more uses may be located on the same lot or in the same structure. Conditions required for joint use are: 1. The proposed joint parking space is within four hundred feet(400')of the use it will serve; 2. The applicant(s)shall show that there is no substantial conflict in the principal operating hours of the two(2)or more buildings or uses for which joint use of off street parking facilities is proposed;and 3.A properly drawn legal instrument approved by the city attorney,executed by the parties concerned for joint use of off street parking facilities shall be filed with the clerk. Said instrument may be a three(3)or more party agreement including the city. (I)Land Banking Of Parking Spaces: Parking spaces intended for future building expansion or anticipated needs may be required by the city for land banking if required by the city.Areas to be land banked should be designed to integrate with existing parking area for space and aisle design, access points, landscaping provisions, and necessary stormwater control. The approved site plan shall designate land banked parking areas and shall not be used for computing required open space standards. (J)Control Of Off Street Parking Facilities: When required accessory off street parking facilities are provided elsewhere than on the lot on which the principal use served is located,written authority for using such property for off street parking shall be filed with the city so as to maintain the required number of off street parking spaces during the existence of said principal use.No such parking facility at its closest point shall be located more than one hundred feet(100')from the property nor more than four hundred feet(400')from the principal use or building served. (K) Use Of Parking Area:Required off street parking space in all districts shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable,for lease,rent or sale. (Ord. 002-469, 2-19-2002) (L)Recreational Vehicle Parking: Recreational vehicles parked on residential property shall be registered to the owner or lessee of the property and display a current license and may be parked or stored on the lot as follows: 1. In the front yard,provided they are kept on a hard surfaced driveway. Recreational vehicles may not be parked in front of the principal building on a residential lot. Recreational vehicles may not be parked or stored on public property. Recreational vehicles parked on street right of way must comply with section 9-1-94(F)of this code. 2. In the side or rear yard, recreational vehicles shall be parked or stored on asphalt,concrete,or decorative landscape rock. (a)All hard surfaced parking areas in the side or rear yard shall maintain a five foot(5')setback from the side or rear lot lines. (b)All decorative landscape rock parking areas may be located in the side or rear yards abutting the property line. The decorative rock parking areas shall be installed to a depth of four inches(4")and lined with a commercial grade weed preventative mesh under the rock to impede the growth of weeds.No class V(5)rock or gravel is allowed. Edging shall be installed to prevent the rock from spreading from the designated parking area. The designated parking area may not impede the drainage within the side or rear yard utility easements or inhibit access to the easements. (Ord. 002-476, 5-6-2002) (M)Parking In Residential Areas: All vehicles shall be parked on a hard surface driveway or parking apron.All parking areas shall maintain a five foot(5')setback from side and rear lot lines. Exception: Parcels that have no recorded side and rear drainage and utility easements may have a driveway constructed adjacent to the side and rear lot lines. This exception is subject to the submittal of a lot survey and grading plan acceptable to the city engineer.(Ord.008-587, 9-16-2008) (N)Commercial Vehicle Parking On Residential Property:No commercial vehicles or contracting or excavating equipment may be parked, stored or otherwise located on any residential lot within the city except as provided herein: 1. Class I Commercial Vehicles: (a) Class I commercial vehicles may be parked or stored on a residential lot with a minimum lot size of two and one-half(21/2)acres. The commercial vehicle must be entirely screened from neighboring residential property with a one hundred percent(100%)opaque screen consisting of wooden fencing, landscaping,berms or a combination of the foregoing.A commercial vehicle shall not be parked or stored within one hundred fifty feet(150') of any neighboring residential dwelling unit. (b) Class I commercial vehicles may be parked on a residential lot when loading, unloading,rendering a temporary service benefiting the premises or providing emergency services. 2. Class II Commercial Vehicles: Class II commercial vehicles may be parked on a residential lot if used as the resident's primary form of transportation to the resident's job or if associated with a permitted home business. 3. Class I Or Class II School Buses:A class I or class II school bus may be parked on a residential lot (Monday through Friday) between the hours of eight thirty o'clock(8:30)A.M.and five o'clock(5:00) P.M. (Ord. 004-519, 9-20-2004) (0)Calculating Space: When the determination of the number of required off street parking spaces results in a fraction,each fraction of one-half(1/2) or more shall constitute another space. (P) Signs: Signs located in any parking area necessary for orderly operation of traffic movement shall be in addition to accessory signs permitted in other sections of this code. (Q)Floor Area Determination: Floor area is based on ninety percent(90%)of gross floor area, or actual usable area. (Ord. 002-469, 2-19-2002; amd. Ord. 004-519, 9-20-2004) SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this day of , 2019, by the City Council of the City of Farmington. CITY OF FARMINGTON By: Todd Larson,Mayor ATTEST: By: David McKnight, City Administrator SEAL Approved as to form the day of , 2019. By: City Attorney Summary published in the Dakota County Tribune the day of , 2019.