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HomeMy WebLinkAbout12-08-20 CITY OF Meeting Location: FARMINGTONFarmington City Hall ms`s 430 Third Street Farmington, MN 55024 PLANNING COMMISSION REGULAR MEETING AGENDA December 8, 2020 7:00 PM 1. CALL TO ORDER 2. APPROVAL OF MINUTES (a) Approve Planning Commission Minutes 3. DISCUSSION (a) Findings of Fact for Amendment to a Conditional Use Permit Denial-ONG Auto, LLC 4. ADJOURN ® 43o Third St., Farmington, MN 55024 FARMINGTON o 651.28°_6$0° Farmington MN.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Approve Planning Commission Minutes DATE: December 8, 2020 INTRODUCTION Attached, are the minutes from the October 13, 2020 regular meeting. DISCUSSION NA ACTION REQUESTED Approve the minutes from the October 13, 2020 regular meeting. ATTACHMENTS: Type Description ❑ Backup Material October 13, 2020 Regular Planning Commission Minutes Planning Commission Minutes Regular Meeting October 13, 2020 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty, Franceschelli, Lehto, Tesky,Windschid Members Absent: None Also Present: Tony Wippler, Planning Manager 2. Approval of Minutes a. MOTON by Franceschelli, second by Tesky to approve the minutes of September 9, 2020, regular meeting and September 22, 2020, special meeting. APIF, MOTION CARRIED. 3. Public Hearings—Chair Rotty opened the public hearings a. ONG Auto,LLC—315 Pine Street Possible CUP Revocation and Application for CUP Amendment The CUP was reviewed on July 14, 2020, and an application was granted for a third extension to October 13, 2020. There have been issues with parking of vehicles and Pine Street being used as a loading area. Fencing has been installed on the east side of the property. Fencing will be installed Friday on the west side of the property. A new CUP amendment application has been received to allow for additional parking and storage on a neighboring property owned by Colin Garvey. The property extends from 3rd to 4th Street along Pine Street. The proposal is to fence the property with chain link fencing on the north, east and west sides and wood fencing on the south side. Entrances would be on Yd and 4th Streets and would have a concrete apron. The parking lot would be gravel. The city code requires parking lots to be blacktop or concrete. The parcel on 315 Pine Street and the vacant land proposed for a parking lot is within the boundaries of the Downtown Redevelopment Plan. This area was re-guided as part of the 2040 Comprehensive Plan from commercial to high density residential. Opposition to this amendment has been received from 303 Pine Street and also a neighbor to the south at 1084 1h Street submitted several questions. Mr. Clay, representing Mr. Oleg Vdovchenko, spoke to the neighbor to the south and they want a chain link fence so they can see through. A house at 303 Pine Street has been a burned down property for five years. They are trying to get more parking to stay off the street. There are eight employees at this business. Mr. Clay stated the plan is to improve the property. The vacant lot is currently old railroad property with high grass and railroad items. Fencing would improve the looks of the property. The goal is to keep the business. He is trying to clean up the property and be a good neighbor. Mr. Ron Gerten asked the commission to enforce the CUP. Street parking is a daily problem. Mr. Brad Cuthbert,representing Kemps,met with Mr. Vdovchenko and they are pleased to see the lot developed. He asked if there will be a significant increase in traffic on 4th Planning Commission Minutes October 13,2020 Page 2 Street and more parking on 4`h Street? They have large tanker trucks traveling 4`h Street. Kemps has no concerns with development of the property,just concerned with safety on the street. Chair Rotty noted the owner has been given a substantial length of time to complete the CUP. Mr. Clay stated the business has outgrown the property and the pandemic set things back. If the city's plan in 2040 is to have high density in the area, gravel parking would be ideal now. Chair Rotty stated in 2017 the commission had a good discussion and Mr. Vdovchenko accepted the conditions. We have had three meetings with extensions. Mr. Vdovchenko stated he is trying to get off the street because of issues. He has no issues with Kemps using the street. He has already put in$150,000 in blacktop because of the city code. The owner at 315 Pine Street asked how far away the fencing will be from their house. Mr. Clay responded it will be a reasonable distance, about 6 to 10 feet and they can modify the fence to make the neighbors happy. Mr. Vdovchenko noted the neighbor's driveway goes across the property and this will improve the driveway. Mr. Clay stated the fence is not on the property line, and they will grant an easement for the driveway. Member Franceschelli asked if Mr. Vdovchenko owns the property. Mr. Clay stated no, he has a purchase agreement to buy the lot from Mr. Garvey. When the zoning is changed, Mr. Vdovchenko will be ready to sell. In the meantime, they want to make the lot useful. Upon CUP approval,the plan is to close on the lot the end of October. Member Franceschelli asked as this is storage property, is there a lighting plan, employee parking and traffic entering 4`h Street and exiting 3rd Street? Mr. Vdovchenko agreed with one-way traffic into the parking lot. He wants to have employee parking and room for unloading. He wants to be out of the way. Member Franceschelli stated class 5 gravel will not improve the surface. That's why we require concrete or blacktop so if vehicles leak, it won't contaminate the ground. Staff noted that if this is approved the surface should be in compliance with city code. Member Franceschelli asked what items are left to complete? Staff replied the fencing is done. Now there is the issue of parking on the boulevard and parking on adjacent property, and traffic getting through the street. Member Franceschelli asked if purchasing the new property would bring relief to the deficiencies? Staff stated it would, but what happens when the new parking lot fills up? Member Franceschelli asked what is the impact on the 2040 plan? Staff stated the property is zoned B3 now. At the time of re-zoning it would be grandfathered in as non-conforming and any expansion would require approval. Member Tesky asked about site lighting. Mr. Vdovchenko stated he can look at that. They are doing a chain link fence on the north side so the police can see through in case of theft. Member Tesky wants them to be respectful of the neighbors with lighting. Member Windschitl asked if they are willing to make the parking lot asphalt? Mr. Vdovchenko stated the cost is $240,000 to blacktop the lot. He cannot do that for a transitional property just to park vehicles. Mr. Clay stated in the future,the area would be buildings, not parking. Member Windschitl stated the concern is if the lot fills up. Mr. Clay noted he is maxed out for growth now. The lot would be for vehicle sales and loading. If he outgrows it,he will buy another site. Planning Commission Minutes October 13,2020 Page 3 Chair Rotty stated Mr. Vdovchenko agreed to the conditions,but it took 3.5 years to comply. He has seen vehicles parked on the right-of-way and the lot to the west. How will that be corrected? Mr. Vdovchenko stated the purchase of the lot will correct it, if the commission gives him time. Chair Rotty stated again, we have given him 3.5 years. Mr. Clay stated it would be a waste to put down asphalt and then dig it up. Staff stated rezoning happens in the near term. Transition of use will take 10-20 years or beyond. This lot could remain the same past 2040. Chair Rotty didn't believe a fenced, gravel lot is what the City Council or commission had in mind. He is reluctant to approve the amendment especially if the applicant will not agree to paving the lot. He will not support the CUP amendment. He is not shutting down the business, they still have the area to the north. Mr. Vdovchenko stated for 20 years the lot will have tall grass and junk on it. He needs time to pay it off and do everything. The fence looks great. He wants the property across the street to be more developed and not look like a dump. Member Franceschelli stated there are two separate items, but they are tied together. He can't complete the original CUP problem because it is tied with the lot. Chair Rotty stated they are not tied together. He has the property to the north and needs to comply with the conditions. He is not willing to comply with the conditions on paving of the new lot. Member Windschitl stated at the last meeting this was continued and he is not willing to pave the lot. You will get 20 years of use out of a paved lot. Mr. Vdovchenko stated he can't do anything on the property except park vehicles. Why not just gravel? Vehicles to be worked on will be on Mr. Vdovchenko's site. The clean vehicles will be on the new lot. He asked if he can pave sections over time. Member Franceschelli supported the south property and staged paving of the property to provide a place to unload vehicles and provide employee parking on the south side. Member Tesky did not support the south side property due to past issues. Neighbors want a resolution. She is willing to give a final extension on the original CUP. Member Lehto did not support the south property. She is willing to give a final extension for the original CUP. Chair Rotty stated the amendment does not comply with the Downtown Redevelopment Plan and Comprehensive Plan. He appreciated the work that has been done, and agreed to extend the original CUP. Mr. Clay stated Mr. Vdovchenko will have to downsize or leave. Staff suggested the extension be until the beginning of spring. MOTION by Windschitl, second by Tesky to close the public hearing. APIF,MOTION CARRIED. MOTION by Tesky, second by Lehto to deny the CUP amendment and direct staff to contact the city attorney to prepare Findings of Fact. Voting for: Tesky, Windschitl, Lehto, Rotty. Voting against: Franceschelli. MOTION CARRIED. MOTION by Franceschelli, second by Windschitl to extend the original CUP to the April 13, 2021, Planning Commission meeting. APIF,MOTION CARRIED. Planning Commission Minutes October 13,2020 Page 4 4. Discussion a. HPC—Middle Creek Cemetery Mr. Aaron Johnson contacted staff regarding doing some restoration work within the historic Middle Creek Cemetery. This property was designated as a Heritage Landmark in 2003. Mr. Johnson would like to complete the following tasks prior to developing a plan for future restoration of the site: 1. Assessing the site. This would include volunteers digitally photographing and/or video recording the site conditions and features to note existing grave markers, walking paths,plant and tree growth, fallen trees and limbs, suspected plots (shallow depressions in the ground), any surviving indication of boundaries, and any indication of pests and vandalism. Mr. John would also like to have the site surveyed. Mr. Johnson has a family member who is an experienced surveyor who likely could perform the survey work. City staff is comfortable with having the survey work done on site provided the survey is done by a licensed surveyor in the State of Minnesota. 2. Create a map of the cemetery based on assessment features. This would entail creating a hand-drawn map of the cemetery that would include the property boundaries, all markers (standing and broken), walking paths,plant growth, any sloping and slope direction, ground depressions, debris,pest presence, and suspected vandalism. This map would hep to provide a project scope for possible future site restoration. 3. Research the cemetery's history. Member Franceschelli recalled Historic Preservation Consultant, Mr. Robert Vogel, did a survey of the property when it was discovered. There is a walking path to the area. Member Lehto was in favor of having the work done. She asked what would be done with the findings and would like to talk to Mr. Johnson. Member Franceschelli recalled we wanted to clean up the site and do a history on the site. Any results would become the property of the city. Member Tesky agreed. Staff noted there would be no cost to the city. Chair Rotty was in support of the project. Staff stated these steps would be done yet this year and restoration work would be done in the spring. Chair Rotty asked that the plans be provided to the commission. MOTION by Franceschelli, second by Windschitl to support the project at no cost to the commission. APIF,MOTION CARRIED. 5. Adjourn MOTION by Franceschelli, second by Lehto to adjourn at 8:15 p.m. APIF, MOTION CARRIED. Respectfully submitted, cuvuth'ba MuU,er Cynthia Muller Administrative Assistant IY C>F ® 43o Third St., Farmington, MN 55024 FARMINGTON O 651-28o-6800 � ,,, FarmingtonMN.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Findings of Fact for Amendment to a Conditional Use Permit Denial-ONG Auto, LLC DATE: December 8, 2020 INTRODUCTION O NG Auto, LLC applied for an amendment to a Conditional Use Permit to allow the construction of a Class 5 gravel parking lot on the property generally located between 3rd and 4th Street south of Pine Street(PI D #147700032021) and currently owned by Colin Garvey. DISCUSSION The Planning Commission held a public hearing on October 13, 2020 and took public testimony on the application. The Planning Commission voted 4-1 to deny the application. After action was taken on the Conditional Use Permit Amendment,the Planning Commission directed staff to prepare Findings of Fact, which outline the basis for denial. The Findings of Fact are attached to this memorandum. ACTION REQUESTED Adopt the Findings of Fact. ATTACHMENTS: Type Description Q Backup Material Findings of Fact CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA IN RE: FINDINGS OF FACT AND DECISION Application of ONG AUTO,LLC For a Conditional Use Permit Amendment For the purpose of establishing a parking lot on Vacant property between 3rd and 4th Street, south of Pine Street and owned by Colin Garvey On October 13, 2020, the Farmington Planning Commission met to consider the application of ONG Auto, LLC for an amendment to a Conditional Use Permit for the purpose of establishing a parking lot on vacant property located to the south of their current site (315 Pine Street) in between 3rd Street and 4th Street. Having considered the City's Comprehensive Plan, its official controls, staff reports, and all other written materials; having heard testimony from all interested persons wishing to speak; and based on its knowledge of the community; the Planning Commission now makes the following: FINDINGS OF FACT 1. The property is located directly south of 315 Pine Street and is located between Yd Street and 4th Street. The property is part of PID# 147700032021 and is currently owned by Mr. Colin Garvey("Subject Property"). 2. The Subject Property is part of an abandoned railroad corridor. 3. The Subject Property is guided High Density Residential within the City's 2040 Comprehensive Plan. This guidance was initiated as part of the Downtown Redevelopment Plan that was approved by the City Council on April 18, 2016. 4. The Subject Property is currently zoned B-3 (Heavy Business); however, the city will be including this property in its rezoning effort in the first half of 2021 to bring parcels in compliance with the 2040 Comprehensive Plan. The Subject Property is proposed to be rezoned to R-5 (High Density Residential). 5. The applicant requested the allowance of a Class 5 gravel parking lot on the Subject Property for additional parking and storage of vehicles from the applicant's business,ONG Auto, LLC, which is located adjacent to the Subject Property to the north. 6. The City Code, Section 10-3-5 provides"Conditional uses, as specified within each zoning district,may be allowed or denied by the board of adjustment in accordance with the criteria and provisions listed herein. The board of adjustment may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts associated with the conditions of use to protect neighboring properties, and to achieve the objectives elsewhere in this title." 7. The City Code, Section 10-3-5 specifies the procedures for reviewing the application and conducting a public hearing on the application, and those requirements have been met. 8. The City Code, Section 10-3-5 (C) provides: A conditional use shall be approved if it is found to meet the following criteria: 1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this title. 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards listed below. 3. The proposed use shall be constructed, designed, sited, oriented and landscaped to produce harmonious relationship of buildings and grounds to adjacent buildings and properties. 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. 6. The proposed use shall preserve the objectives of this title and shall be consistent with the comprehensive plan. DECISION Applicant's request for an amendment to a conditional use permit to construct a Class 5 gravel parking lot on the property with PID # 147700032021 is denied as the proposed use does not comply with the City's Downtown Redevelopment Plan and the Comprehensive Plan. CITY OF FARMINGTON PLANNING COMMISSION BY: Planning Chair ATTEST: Its Administrator