Loading...
HomeMy WebLinkAbout06-08-21 CITY OF Meeting Location: FARMINGTONFarmington City Hail ���■ 430 Third Street Zmw Farmington, MN 55024 PLANNING COMMISSION REGULAR MEETING AGENDA June 8, 2021 7:00 PM 1. CALL TO ORDER 2. APPROVAL OF MINUTES (a) Approve Planning Commission Minutes 3. PUBLIC HEARINGS (a) Amendment to Section 11-4-2(D) of the Subdivision Ordinance Regarding Private Streets -Continued 4. DISCUSSION (a) Findings of Fact for Conditional Use Permit Denial-Armando Gutierrez-310 Third Street S. ADJOURN CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 �I rlll�` O Farmington MN,gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Approve Planning Commission Minutes DATE: June 8, 2021 INTRODUCTION Attached, are the minutes from the May 11, 2021 regular meeting and the May 25, 2021 special meeting. DISCUSSION NA ACTION REQUESTED Approve the minutes from the May 11, 2021 regular meeting and the May 25, 2021 special meeting. ATTACHMENTS: Type Description ❑ Backup Material May 11, 2021 Regular Planning Commission Minutes ❑ Backup Material May 25, 2021 Special Planning Commission Minutes Planning Commission Minutes Regular Meeting May 11,2021 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty, Franceschelli, Lehto, Tesky, Windschitl 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 April 13, 2021, regular meeting and April 20, 2021, special meeting. APIF, MOTION CARRIED. 3. Public Hearings—Chair Rotty opened the public hearings a. Conditional Use Permit for Auto Repair,Major Use within the B-2 Zoning District— Armando Gutierrez—310 3rd Street Mr. Gutierrez has rented space at 310 3rd Street for purposes of moving his auto repair business from 705 8' Street. The applicant has signed a lease and already started working out of the premises. The property owner as well as the applicant has been informed they cannot work there until approval is given by the Planning Commission and that approval is not guaranteed. They have been notified by two letters and verbal notification to stop working at that location. As of today,they continue to work there. With the 705 8h Street property there were a number of issues including zoning code, building and fire code issues. The 310 3rd Street property is zoned B-2 (downtown business) and auto repair is a conditional use in that zoning district. A conditional use has to meet six criteria. The business does not meet four of the criteria including creating potential dangerous, injurious and noxious situations;the site is at the entrance of downtown and the 2016 Downtown Redevelopment Plan identifies this site as a redevelopment site for a mixed use building(commercial/residential)which would be more harmonious with adjacent properties. The use will not produce a total visual impression and environment which is consistent with the environment of the neighborhood; the site is constrained for off-street parking and vehicles would likely be kept outside of the building. Staff recommended denying the conditional use permit based on not being able to meet all of the criteria. Mr. Edgar Orozco, one of the applicants, stated he was surprised the recommendation is to deny the permit. The building has been there for a long time and it was built to be a garage. They are asking for a chance to meet the criteria and not judge them by the previous owners. They would like the application approved and given a chance to meet the criteria. Mr. Gutierrez has owned a car business here for five years and has not had any issues with the city. He will comply with the city's requirements. If the application Planning Commission Minutes May 11,2021 Page 2 is not approved,he will have to file for bankruptcy. He has a family to feed and bills to pay. He wants to run his business and pay his bills. He will make sure everything stays clean, not like the previous owner. They have paid their taxes and have tried to comply with the fire inspector. They passed their last fire inspection. The conditional use permit for this building was removed because the building was empty. Chair Rotty asked if Mr. Gutierrez still owns the business on 8th Street and is it still in operation. Yes,just as a dealership, not auto repair. Chair Rotty clarified the auto repair part is being transferred to this location. Mr. Steve Hobbs, owner of Farmington Bakery, 212 Oak Street, brought some pictures taken today of the 8th Street property. The bakery business is a lot of people walking around Farmington. If these pictures show what will be at that location,he is not in favor of it at all. It looks like a junk yard. He would be fine for auto sales, but not cars torn apart and disabled. Member Franceschelli stated he drove by the operation today and noticed unlicensed vehicles parked in front of the garage doors. This indicates you have an auto sales operation and asked if they are selling cars out of this site. Mr. Gutierrez sells cars at that location,but there would not be car sales at the P Street location. Member Franceschelli asked how he gets the unlicensed vehicles from the auto repair to the sales lot. By tow truck. Member Franceschelli asked how they handle the mess, such as used transmission fluid, oil, are there tanks, is there spill containment. Mr. Gutierrez stated that is why he wants to do things correctly. During the pandemic he stopped his business for awhile and plans to do this correctly and that is why he was looking for a bigger place. He will hire a company to remove any used oil from the site. Member Franceschelli asked how they plan to store it until it is removed from the site. Mr. Gutierrez stated there is a room that can be used for storing the proper tanks. Member Franceschelli asked if they use donor vehicles to cannibalize to fix the ones that come in for repair and what do you do with the carcass. Mr. Gutierrez buys new parts. Member Franceschelli asked if parts are stored outside or inside. This building is much bigger so he can place a container inside the building to hold parts. Member Franceschelli asked if no outside storage can be made a condition. Staff confirmed it can. Mr. Gutierrez stated if you give me an opportunity you will not have any complaints about me. Member Tesky asked about the length of the lease. Three years. Member Tesky asked if there are any penalties with not having a conditional use permit and still operating. Staff stated there could be citations issued. Member Tesky stated her concern is the visibility of that building and the potential for things piling up on the site. It is a gateway into our community and we want that to be respectful to the surrounding area. Mr. Gutierrez stated he will make sure it stays clean and there will not be any complaints. Member Windschid stated with redevelopment of Farmington we don't want an eyesore there and no one does for the existing businesses and other opportunities that may exist throughout downtown. His major concern is the city has already told you to stop work and it continues. What is to say that won't continue with vehicles being left out,tires Planning Commission Minutes May 11,2021 Page 3 laying around, fluid leaking, etc. Will there be a fence for cars? Leaving cars outside, there is a chance they will get damaged and will bring a crime of opportunity. He is not pleased that they are continuing to work there after being told to stop. Mr. Gutierrez stated right now he has two or three vehicles outside. The plan was to remodel the inside and when he was told to stop, he was not able to continue to fix the inside. If given the opportunity, he will not have any vehicles outside. Member Windschitl asked if the code issues have been addressed. Mr. Gutierrez replied yes. Staff confirmed fire code issues have been resolved. Most of the issues were at the 8th Street property. Member Windschitl appreciated they already had a business in town, but there are some underlying issues with the 3`d Street property and what is going on there now. Member Lehto addressed the issue of parking. Already tonight,there is limited parking on the street and that is one of the conditions. She asked how the parking would be addressed and would they push vehicles onto Third Street. It is already very tight parking in that area. Mr. Gutierrez plans to keep the two businesses so customers don't have to use the parking lot. He wants to keep the area clean. Member Lehto clarified so there would not be any off-street parking and it would all be contained on your lot. Mr. Gutierrez confirmed that is correct. Member Lehto asked how many parking spaces are on the lot. Staff was not sure. Mr. Gutierrez stated there is plenty of room on the lot and he will not have parking on 3`d Street. Mr. Gutierrez stated they have already started painting the outside of the building to make it look better. They want to rent out the rest of the building to make money. They want to make the building look better for the community. Chair Rotty stated it is unfortunate you signed the lease for this building. He recalled when they opened the 8th Street business and the property owner came to the commission. It comes down to not all locations are good for auto repair and this happens to be one of those locations. He agreed with the business owners. This isn't the right location for this type of business especially coming right into Farmington. He appreciated having their business in Farmington and its unfortunate they signed the lease. This is not the location for a major auto repair business and it won't be in the future. It would impact the other businesses in the downtown. He will not support this. MOTION by Windschitl, second by Lehto to close the public hearing. APIF,MOTION CARRIED. MOTION by Franceschelli, second by Windschitl to deny the conditional use permit application as he cannot overcome the obstacles he is facing right now to be a viable business and to enhance the community. Chair Rotty referenced the CUP criteria numbers 2,3,4 and 5 as reason for denial and instructed staff to prepare Findings of Fact. APIF, MOTION CARRIED. Chair Rotty informed Mr. Gutierrez that he can appeal this to the City Council if he wants. It needs to be done within ten days from tonight. Planning Commission Minutes May 11,2021 Page 4 b. Variance Request from the Required Side Yard Setback within the R-1 (Low Density Residential) Zoning District for Place of Shed within Setback The applicant is ISD 192. They are requesting a variance from the required side yard setback requirement of the R-1 zoning district. There are three baseball fields on the northeast corner of Highway 50 and Akin Road. The baseball association is proposing to install a shed near the larger field at the north end for storage of equipment for the baseball program. There is a six-foot required side yard setback. The shed would be 288 sq. ft. and does require a building permit. The shed will be located along the right field line of the largest field. A concrete slab was installed in early 2020 by the school district in anticipation of constructing this shed at this location. At that time,the school district did not know the location of the property line. The shed would be 4 inches from the property line. The variance request would be for 5 ft. 8 inches. There are nine criteria that need to be met. Three of the criteria are not met; there is adequate space on this property to construct the shed in a different location; because of the size of the site,there is adequate room to meet the required setbacks in another location; the applicant did create the hardship for the variance request by not being aware of the property line and constructing the cement slab. The Planning Commission can deny the variance application based on the request not being able to meet all of the criteria, specifically#1,4 and 5. Or approve the variance allowing a 5 ft 8 inch variance to the side yard setback for the purpose of constructing a storage shed. Chair Rotty asked about the property to the north. It is a wetland area owned by the city. Mr. Dan Miller, ISD 192, stated he and the athletic director were approached by the baseball program and the youth association to construct a shed at the varsity baseball field. There is a small shed along the east side that is dilapidated. Significant improvements have been made to the site and the biggest obstacle is the ability to store clay material, ag lime, etc. The school district gave them permission to proceed and they did not cross all the T's and dot all the I's before starting. Upon being made aware of the problem,the school district had the property surveyed and the property line is in a different location than they thought. Member Tesky asked if the purpose of the shed is storage of equipment and materials for the field. Mr. Miller replied yes. There would be no concessions. No electricity would be run to the shed. Member Tesky asked who is doing the work and if it would be high school construction classes. It would be good exposure for them. Member Windschitl asked if the old shed will be taken down. Mr. Miller stated it may fall down. Member Franceschelli stated good intentions and mistakes were made,but it does not have an adverse impact on anyone else to proceed with the variance. Planning Commission Minutes May 11,2021 Page 5 Member Lehto asked if another location for the shed had been identified. Mr. Miller replied no. A lot had to do with proximity to the field and the home dug out and access to materials to maintain the site. Chair Rotty believed there was no ill intention. He asked about the property to the north, because if it was owned by a home owner, or business and the use was not wetland, he would not support it because you would be infringing on that property owner. It is fortunate the property is owned by the city and it is a wetland. He will support it for that reason. Mr. Dan Simon, 18 Pine Street,had no problem with the shed, but the old shed needs to be torn down. MOTION by Tesky, second by Windschitl to close the public hearing. APIF, MOTION CARRIED. MOTION by Franceschelli, second by Tesky to approve the variance request allowing a 5 foot 8 inch variance to the side yard setback within the R-1 zoning district for the purposes of constructing a storage shed contingent upon obtaining all necessary building permits. APIF,MOTION CARRIED. c. Site Plan and Variance Request—ABW Holdings,LLC (HOBO)5140 211th Street W The applicant, HOBO, is proposing to construct a 21,600 sq ft building for their operation on the property. HOBO is a manufacturer and marketer of carwash chemicals. They currently occupy and own the existing building to the east located at 21205 Eaton Avenue. The new building would be a stand alone building for expansion of their operations. It will have a large open floor plan with two restrooms. The building is oriented north and south with the front facing CSAH 50. Off-street parking will be located to the south. A total of 21 off street parking spaces are shown. Additional paved area is to the north end of the site which allows for access to the four dock doors and two overhead drive in doors. The off-street parking meets the requirements. The property is zoned IP (industrial park). All setbacks exceed the minimum required setbacks. The lot is 2.01 acres and the proposed lot coverage (building only)would be 24.72°/x, so well below the maximum allowed. Total coverage (impervious surface) is proposed at 67.4% of the lot. According to city code it should not exceed 65%of the building site. The variance is for the 2.4%. The west side of the site will contain two storm water facilities. A storm water maintenance agreement will have to be executed and recorded for the storm water facilities to be constructed. Access to the site will be from 211th Street W. Shared access with the adjacent property to the east is near the northern and southern boundaries of the site. A one-way drive aisle is shown on the east side of the building to allow access to the off-street parking located on the south end of the building. Access out from the off-street parking area would require traveling through the adjacent property to the east(owned by the applicant). A cross access easement agreement will have to be executed and recorded to ensure the allowance of traffic through and across the two separate parcels. Planning Commission Minutes May 11,2021 Page 6 The commission shall not approve any variance unless they find practical difficulties as defined in city code. All nine criteria have been met. Staff recommends approval of the site plan and variance request subject to the following: 1. A sign permit application shall be required for any signage to be placed on site. 2. The applicant shall obtain all necessary building and fire permits that may be required for the establishment of the proposed use. 3. A cross access easement agreement will have to be executed and recorded between lots 3 and 4,block 3 Farmington industrial park. 4. Execution of the Storm Water Maintenance Agreement. Mr. Connelly, applicant stated the single lane road to the side put them over the threshold and required the variance. It takes a long-time vacant lot and puts an attractive building there to complete the Highway 50 frontage. Member Windschitl confirmed there will be no office space and two restrooms inside. The applicant stated it will be a shipping area. Chair Rotty asked if any noxious chemicals will be stored. The applicant stated fire and spill containment is taken care of. There have been discussion with the deputy fire chief. Mr. Connelly agreed with the four conditions. MOTION by Tesky, second by Lehto to close the public hearing. APIF, MOTION CARRIED. MOTION by Windschitl, second by Franceschelli to approve the ABW Holdings, LLC site plan and variance request subject to the four conditions. APIF, MOTION CARRIED. d. Dakota Meadows Schematic PUD Plan and Comprehensive Plan Amendment and Rezoning The property is located east of Denmark Avenue and south of St. Michael's Church and Dakota Electric Association. This item was continued from the April 13 meeting. The property consists of three parcels totaling 41 acres owned by the Adelman Family Beanfield Limited Partnership. The property consists of cultivated farmland with six aces of wetland on the south side of the property. The property is zoned R-3 (medium density residential) and is guided for medium density residential and park/open space in the 2040 Comprehensive Plan. The schematic plan shows 110 single-family lots spread over the 41 acres for a net density of 3.6 units per acre. The applicants are requesting rezoning of the property to R-2 (low/medium density residential) and amending the 2040 Comprehensive Plan use from medium density residential and park/open space to low medium density residential. The plan shows 50 lots would be 45 feet wide and 60 lots would be 55 feet wide. A 2.1 acre park is located near the southeast corner of the development. Trails are along the east side of Denmark Avenue and along the northern and southern boundaries of the development. The portion of trail on the northern boundary identified as future trail by others can be removed as it is located on property owned by the railroad. Planning Commission Minutes May 11,2021 Page 7 Access is proposed from Denmark Avenue. A secondary emergency access is proposed towards the southern end of the development near the wetland area. The secondary access would consist of an enhanced trail section that would provide emergency access in and out of the site from Denmark Avenue to the internal cul-de-sac. The emergency access would have to be gated and closed to motorized vehicles of the general public. Dakota County has noted the accesses would be acceptable. There are three road stubs, one to the north owned by the Dakota County CDA, one to the south, owned by Bernard Murphy Farms LP and one near the northwest corner of the development. All roads will be public streets. Staff recommended approval of the Schematic PUD Plan, rezoning and comp plan amendment. Mr. Manley, applicant, had nothing to add and thanked the commission for meeting in person. Member Franceschelli was glad the continuation allowed for a revamp of the plan. He asked staff what happens if the county plat commission says no. Staff replied that could happen, but as this is a schematic plan there is plenty of opportunity to amend it. Based on discussions with the county, it was fine with them. Member Franceschelli would like this to be a condition as there is a possibility. Chair Rotty stated now that the future trail will wander to the north and stop, is there a possibility it could be brought back out to the road. Staff noted there is a connection to the north that is very small on the plan. He appreciated the developer adjusting the plan. MOTION by Windschitl, second by Tesky to close the public hearing. APIF, MOTION CARRIED. MOTION by Franceschelli, second by Lehto to recommend approval of the Schematic PUD plan for Dakota Meadows,the rezoning from R-3 (medium density residential)to R-2 (low medium density residential)Planned Unit Development and Comprehensive Plan Amendment from medium density residential and park/open space to low medium density residential with contingencies. APIF,MOTION CARRIED. e. Comprehensive Plan Amendment and Rezoning—River's Edge Development This is located south of Fire Station 1 on Denmark Avenue. The applicant is Hunter Homes, LLC. The schematic plan provides for 281 attached townhome units spread over 68 acres. There was previously some discussion about adding another access off of Denmark into the development. After discussions with the county, they were not in favor of adding even a secondary restricted access. Mr. Manley has revised the schematic plan showing a cul-de-sac going north versus having a secondary access off Denmark Avenue. The property consists of three zoning districts and comp plan guidances: - The northern and central part(27 acres) is zoned parks and open space and guided as park/open space. Planning Commission Minutes May 11,2021 Page 8 - The western portion (15 aces) is zoned R-3 and guided as medium density residential. - The eastern portion (26 acres) is zoned R-5 and guided high density residential. The applicant is requesting a rezoning and comp plan amendment to rezone and re-guide the eastern 26 acres from R-5 to R-3 and high density residential to medium density residential, respectively. The comp plan amendment is also to change the anticipated develop staging from 2040 comp plan to 2020-2030 for the entire 68-acre parcel. Mr. Manley stated it was good working with staff to fine tune the plan. A bigger road was extended through the development. A resident of 220th Street, asked if the development would have influence on developing a better road. Staff stated that road would have to be upgraded as access is provided from that road. The upgrade would be to the access to 220th Street. The resident hoped it would be upgraded to the river. When the property to the west develops,then the road would be upgraded further. Chair Rotty asked about the timing for this project and Dakota Meadows. Mr. Manley stated they will start grading in August. The entrance off of Denmark Avenue will line up with the south entrance of Boeckman Middle School and the other entrance is off of 220th Street,just west of Denmark Avenue. MOTION by Franceschelli, second by Tesky to close the public hearing. APIF, MOTION CARRIED. MOTION by Lehto, second by Tesky to recommend approval of the rezoning and comprehensive plan amendment for the River's Edge development to rezone and re-guide the eastern 26 acres from R-5 (high density residential)to R-3 (medium density residential) and high density residential to medium density residential, respectively, as well as amending the anticipated development staging in the 2040 Comprehensive Plan for the entire 68-acre River's Edge parcel from post 2040 to 2020- 2030. APIF, MOTION CARRIED. f. Preliminary Plat, Planned Unit Development and Comprehensive Plan Amendment and Rezoning—Vita Attiva Development MOTION by Franceschelli, second by Lehto to continue this public hearing to a Special Planning Commission meeting on May 25, 2021. APIF, MOTION CARRIED. g. Amendment to Section 11-4-2(D) of the Subdivision Ordinance Regarding Private Streets MOTION by Franceschelli, second by Lehto to continue this public hearing to the regular June 8, 2021, Planning Commission meeting. APIF, MOTION CARRIED. 4. Discussion a. Whispering Fields Final Plat and Planned Unit Development This plat is located off Flagstaff Avenue,just south of Farmington High School. Jay and Patricia Christensen and ISD 192 and D.R. Horton, Inc. have jointly submitted an application for final plat and planned unit development for Whispering Fields. The final Planning Commission Minutes May 11,2021 Page 9 plat consists of 60 single-family lots on 45.89 acres. These are part of the 119 overall single-family lots proposed with the preliminary plat for this project. Lot sizes vary from 7,215 sq. ft up to 12,344 sq. ft. Lot widths vary from 53 ft up to 95 ft. The plat contains four outlots, A-D. Outlot A will be retained by the school district and outlots B and C will be deeded to the city with this final plat. Two access points are shown. 209th Street W will connect with Flagstaff Avenue midway through the property and Fleming Street will be extended north through the center of the development from Regetta Fields development adjacent to the south. The road network provides a grid system for adequate traffic circulation. Both Flanders Way and Fleetwood Street will end with temporary hammer heads to allow for vehicle turn around. Five-foot wide sidewalks will be provided on the south side of 209th Street, north sides of Flaxton Lane and Fleetwood Street, west side of Flanders Avenue and east side of Fleming Street. An 8-foot wide bituminous trail will be constructed along Flagstaff Avenue from the southern boundary of the plat north to Outlot B. The trail will continue west through Outlot B to the high school property. The Planned Unit Development Agreement outlines various deviations proposed for the development. Contingencies for approval are: 1. The Instrument of Dedication on the final plat must be revised to include a signature block for the Chair of the Planning Commission. 2. The satisfaction of all engineering comments related to the construction plans for grading and utilities. 3. A Development Contract between the applicant and the city shall be executed and security fees and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. 4. Final edits on the PUD Agreement by the city and developer. Ms. Deb Ridgeway, with D.R. Horton, stated the plan is consistent with the preliminary plat. They are closing on the property this week and will start demolition in the next couple weeks and hope to break ground in June. They agree with the conditions. MOTION by Tesky, second by Franceschelli,to recommend approval of the Whispering Fields final plat and PUD Agreement with the four contingencies. APIF,MOTION CARRIED. b. Fairhill Estate at North Creek 41h Addition Final Plat This is located on 195th Street and Highway 3. M/I Homes of Minneapolis/St. Paul LLC is proposing to plat 20 single-family lots within the Fairhill Estate at North Creek 4th Addition. The 20 lots are located towards the southeast corner of the development. These lots are part of the 244 overall single-family lots proposed with the preliminary plat. The total area platted in the 4th Addition is 24.86 acres. The average lot size is 11,560 sq. ft. with the smallest lot being 8,986 sq. ft. and the largest lot being 20,369 sq. ft. There are 10 outlots. Planning Commission Minutes May 11,2021 Page 10 With the 4th Addition, all remaining right-of-way within the development will be platted. All roadways will be constructed with the exception of the portion of Clearwater Loop extending from lot 1 of block 1 and lot 14 of block 2 west to Colonial Trail as well as the cul-de-sac portion of Clearwater Loop on the west side of Colonial Trail These portions will be constructed with the future 5th Addition. As part of the 4th Addition, 194th Street will be connected to the existing portion of roadway within Empire Township. 194th Street will be an emergency access only and not open to the general public. A gate will be installed at that boundary of the development. Five-foot wide sidewalks will be provided on the east and south sides of Clearwater Loop as well as both sides of Colonial Trail. The north side of 194th Street and the north side of Crystal Terrace will also have five-foot wide sidewalks. An eight-foot wide bituminous trail will be constructed through the gas easement(outlot G) from the intersection of Colonial Trail and Crystal Terrace north to connect with existing trail. Contingencies for approval are: 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 and security fees and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. The developer noted the 4th and 5th Additions will be single-family lots. They will be back in two months for the 5th Addition. The developer agrees with the contingencies. MOTION by Tesky, second by Lehto to recommend approval of the Fairhill Estate at North Creek 4th Addition final plat with contingencies. APIF,MOTION CARRIED. 5. Adjourn There will be a special meeting on May 25,2021, at 7 p.m. and the next regular meeting is June 8, 2021. MOTION by Franceschelli, second by Windschitl to adjourn at 8:47 p.m. APIF, MOTION CARRIED. Respectfully submitted, auwth%u MuUtr Cynthia Muller Administrative Assistant Planning Commission Minutes Special Meeting May 25,2021 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty, Franceschelli, Lehto, Windschitl Members Absent: Tesky Also Present: Tony Wippler, Planning Manager 2. Public Hearings—Chair Rotty opened the public hearings a. Preliminary Plat and PUD and Comprehensive Plan Amendment and Rezoning— Vita Attiva Development The property is owned by the Donald Peterson Family Limited partnership and is located south of County Road 50 and to the southwest of the Vermillion River Crossings development. The developer proposes 141 single-family lots and six lots for 3-unit multi-family structures on 80.16 acres. The development is proposed as a 55+active adult community and will include amenities as fitness center, kitchenette, billiards, speak easy, game room, convertible meeting space, outdoor pool,tennis and pickleball courts and sauna. The amenities will be within Outlot E located towards the eastern side of the development. There are five outlots within the preliminary plat consisting of open space, stormwater facilities and future development areas. Lots 71-76, Block 2 encroach into the flood plain of South Creek along the south side of these lots. Base flood elevations have not been determined for this portion of the creek and this would need to be completed in order to final plat these lots. If not completed prior to final platting,these lots will have to be outlotted until the additional work and study is completed. Depending on the results of the modeling,these lots may be deemed unbuildable and should be dedicated as parkland. The developer is proposing four phases. Included in the initial phase is the extension of Eaton Avenue south from CSAH 50 along with a mix of detached single-family lots and attached multi-family lots. Phase 1 would also include the storm water facilities and a portion of the amenities. Phase 2 would include the remainder of the amenities and multi-family lots as well as some additional single-family lots. Phase 3 will include additional single-family lots as well as the extension of Pilot Knob Road and the portion of Spruce Street from Pilot Knob Road to Eclipse Street. The remaining portion of Spruce Street from Eclipse Street to Eaton Avenue, would be constructed when the parcel to the north owned by the Peterson family is developed. Phase 4 would consist of the remainder of the detached single-family lots. Outlots B and C will be retained by the Donald Peterson Family Limited Partnership and the extension of both Pilot Knob and Eaton Avenue south of this development and crossing the South Creek would happen upon the future development of these outlots and adjoining property to the south. All roads will be public roads. The extension of both Eaton Avenue and Pilot Knob Road are included in this development. The preliminary plat shows the necessary right-of- Planning Commission Minutes May 25,2021 Page 2 way/easement for the road network with and surrounding this development. Signal lighting will be required at the Pilot Knob and CSAH 50 intersection as a result of this development. Staff will be requiring that agreements and security will have to be established and posted for these improvements with future final plats. The developer has been working with the Devney family to acquire the needed property for the portion of the Pilot Knob extension that would fall on their property. The developer is proposing to acquire the necessary land from the Devney's in fee title with the proposed third phase of this development and to dedicate it as right-of-way with that phase. Approval of this preliminary plat will be contingent upon the developer obtaining roadway easement on both the Devney and Peterson property for the Pilot Knob extension. The easement can then terminate upon the final platting of right-of-way with the future addition. Five-foot wide sidewalks are shown along the perimeter of Blocks 3 and 4. An 8-foot wide bituminous trail is shown on the west side of Easton Avenue extension. Regarding the comprehensive plan amendment and rezoning, there are five different zoning districts within the property to be platted including, business/commercial flex, mixed use, R-5 (high density residential), R-3 (medium density residential) and park and open space. The property is also guided for multiple uses within the 2040 comprehensive plan such as mixed use (commercial/residential), high density residential, medium density residential and park/open space. As part of the preliminary plat submittal,the developer has requested a comprehensive plan amendment and rezoning to better align the proposed uses with zoning and land use guidance. The rezoning will change the zoning of the property to R-3 (medium density residential), R-2 (low/medium density residential) and park/open space. The R-3 area would consist of the northeast portion of the development where the multi-family component is located. The remaining single- family lots would be rezoned to R-2. The park/open space would consist of the wetland and floodplain area south of the lots to be platted. The comprehensive plan amendment would re-guide the property to low medium density residential and medium density residential. The deviations that are proposed with this planned unit development are as follows: - Reduce the front yard setback for interior lots within the R-3 zone from 25 feet to 10 feet. - Reduce the minimum lot size within the R-2 zone from 6,000 sq. ft. to 4,956 sq. ft. - Reduce the side yard setback within the R-2 zone from 6 feet to 5 feet. - Increase the side yard setback on corner lot(second front yard) within the R-2 zone from 20 feet to 25 feet. 1. Approval of the preliminary plat and PUD are contingent upon the following: A. A roadway easement shall be obtained from JMA Devney Family LLP and Donald Peterson Family Ltd Partnership for future Pilot Knob Road with the 1St Addition Final Plat. B. Financial security for the project development costs associated with the Pilot Knob traffic signal must be provided with the 2nd Addition final plat shown on the phase map provided with this preliminary plat. These costs could include, but are not limited to, engineering professional services, legal fees, staff time and any other outside costs associated with the design phase of the intersection improvements. Planning Commission Minutes May 25,2021 Page 3 C. The approval of the third addition as shown on the phase map provided with this preliminary plat will be contingent on the intersection improvements, including signal light, at Pilot Knob and County Road 50. The developer will be responsible for all costs associated with the improvements necessary to facilitate the development. D. The Donald Peterson Family Ltd Partnership and/or future developer will be responsible for the extension of Pilot Knob and Eaton Avenue south of the terminus shown on the preliminary plat to the southern edge of Outlot B. The Donald Peterson Family Ltd Partnership and/or future developer will be responsible for the construction of Spruce Street east of Eaton Avenue to the property boundary and west from Eaton Avenue to Eclipse Street. E. The Donald Peterson Family Ltd Partnership will be able to continue agricultural operations on land dedicated as right-of-way as part of this plat, but only those portions of right-of-way that will not have improvements constructed within. F. The Development Agreement for the first addition final plat must be recorded against the parcel with PID#14-03600-33-010 and Outlots B and C, both owned by the Donald Peterson Family Ltd Partnership. G. Lots 71-76 of Block 2 encroach into the flood plain of South Creek. Modeling and base flood elevations must be provided for the flood plain through this development. The modeling and base flood elevations will inform further comment on the buildability of these lots and accommodation of the Dakota County Regional Greenway Trail. If the flood plain comment is not addressed before time of final platting, the impacted lots must be platted as an outlot in the final plat of the first addition. FH]That all staff comments be addressed prior to City Council review of preliminary plat. 2. A Comprehensive Plan Amendment changing the land use guidance from mixed use (commercial/residential), high density residential,medium density residential and park/open space to low/medium density residential, medium density residential and park/open space. 3. A rezoning from business/commercial flex, mixed use, R-5 (high density residential), R-3 (medium density residential) and park/open space to R-2 (low/medium density residential),R-3 (medium density residential) and park/open space. Mr. John Anderson, representing Paul Whiteman, reviewed the project. It will be a 55+ community, so units are designed for that age. There are also common amenities and will be managed by the association. Once approvals are received,they plan to close on the property and start grading this year. A final plat will be brought forward at the same time. They hope to have the streets in this fall and start home construction this winter. They are currently working on the flood plain elevations. If the lots are unbuildable they would like to keep the property with the association and have a community garden rather than a park. An agreement is in place with the Devney's for the Pilot Knob right-of-way easement. Pilot Knob would be constructed in the third phase. The cost of the signal light will be a cost share with the county up to 25%. Mr. Jeff Deceaser, representing Don Peterson, are in support of the project. Mr. Don Peterson is contributing $1.3 million to infrastructure for this project. This project also provides an opportunity for the balance of the Peterson property to incorporate other uses. Staff showed a rendering of the units that will be built. Planning Commission Minutes May 25,2021 Page 4 Member Franceschelli asked about the Pilot Knob intersection and if the county has commented about putting in a roundabout instead. Staff replied no. Member Franceschelli confirmed the zoning plan will accommodate the row houses. Staff replied yes. He liked the development. Member Windschitl understood construction of the extension of Pilot Knob Road and easement will be paid by the developer. Staff noted it is a joint venture between the Peterson's and the developer. He asked if there was parking within the amenities area. There is a parking lot for 20 parking stalls. Member Windschitl asked about the front yard setback and are the roads maintained by the association. Staff noted they will be public streets, so there will be a boulevard in addition to a setback. There will be an area between the curb and front property line that will be non-paved surface. Mr. Anderson stated with the R-3 units with the reduced setback, it is a unique design where you don't pull in straight off the road into a garage. You come into a shared driveway area and then branch off to the side. Staff noted there is a 20 ft setback from the roadway. Member Lehto asked about the flood zone,but that is being worked on. In phase 3 at the end of the cul-de-sac it looks like there is a Met Council wetland easement. She wanted to make sure there is no encroachment. Staff explained there is an interceptor that goes through there so there is an easement for that and that is where the sanitary sewer for the property is coming from. Chair Rotty stated when there are deviations on a PUD he likes to explain them. The one Member Windschitl mentioned was one of them. It is not 10 feet from the road, it is 20 feet so there is room for snow storage. Reducing the minimum lot size from 6,000 sq. ft.to 4,956 sq. ft. is because there is a unique number of lots. Staff explained the average lot size for the single-family is over 6,000 sq. ft. The lowest is 5,736 sq. ft. Chair Rotty noted other developments similar to this have been approved within the last ten years. He asked about future plans for Outlot C on the east side. Plans are unknown at this time and will be market driven. Member Windschitl asked about the cost for the different units. The row homes will start at $399,000 - $499,000 and the detached homes at $499,000 - $599,000. The association fee is $299/month. MOTION by Windschitl, second by Franceschelli to close the public hearing. APIF, MOTION CARRIED. The preliminary plat and PUD has eight contingencies. The applicant and Mr. John Anderson, representing the Peterson's, agreed to the contingencies. MOTION by Franceschelli, second by Lehto to recommend approval with the eight contingencies of the preliminary plat and PUD. APIF,MOTION CARRIED. MOTION by Lehto, second by Windschitl to recommend approval of the comprehensive plan amendment. APIF, MOTION CARRIED. MOTION by Franceschelli, second by Lehto to recommend approval of the rezoning. APIF,MOTION CARRIED. 3. Adjourn The next regular meeting is June 8, 2021. Planning Commission Minutes May 25,2021 Page 5 MOTION by Franceschelli, second by Windschitl to adjourn at 7:37 p.m. APIF,MOTION CARRIED. Respectfully submitted, at Kk VI MULLer Cynthia Muller Administrative Assistant CITY OF 0 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 FarmingtonMN.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Amendment to Section 11-4-2(D) of the Subdivision Ordinance Regarding Private Streets-Continued DATE: June 8, 2021 INTRODUCTION Staff is in the process of reviewing the portion of the Subdivision ordinance(Section 11-4-2(D)) as it relates to private streets. DISCUSSION As staff began reviewing the ordinance it was determined that there are a number of"high" level issues/components related to private streets that staff wanted to have discussion and obtain input from the Planning Commission on. That way when staff brings the ordinance forward for action it is in a form readily acceptable to the Commission. As a reminder the current code only allows for private streets within the R-2, R-T, and R-D zoning districts under a Planned Unit Development. All private roads must be contained within an outlot. The following are the topics that staff would like to discuss with the Planning Commission and how they could potentially be addressed in the ordinance update: • Addition of a maximum distance or unit limitation for the length of a private street; • Private streets only allowed in the R-3 and R-5 zones as a Planned Unit Development. • As specific to the R-3 zone, limit the use only to townhome developments. (please note that townhouse dwelling is defined in City Code as "single-family attached units is structures housing three(3)or more contiguous dwellings, sharing a common wall, each having separate front and rear entrances;the structures are a row type house as distinguished from multiple dwelling buildings; not to exceed sixteen (16) units in each structure.) • Addition of turn-around and connectivity provisions for service vehicles. • Standards for public utilities that may be placed underneath private streets (i.e., easements or maintenance provisions). • Private street standards (i.e.,width of roadway,width of outlot, inclusion of trail or sidewalk within the standard). Current standard width for a private street is 26 feet face of curb to face of curb, closer to 28 feet back of curb to back of curb. • Setbacks from private streets (eg., 25 feet from curb of private street;or have the setback be taken from the edge of outlot). The intent is to bring the ordinance amendment to the Planning Commission at the regular meeting in July. Staff will use the information gathered from this meeting to draft the amendment. ACTION REQUESTED 1. Discuss and provide input to staff regarding the items listed above in this memorandum 2. Make a motion to continue the public hearing to the July 13, 2021 regular Planning Commission meeting. CITY OF 0 430 Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 I■�® ® Farmington M N.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Findings of Fact for Conditional Use Permit Denial-Armando Gutierrez-310 Third Street DATE: June 8, 2021 INTRODUCTION Armando Gutierrez applied for a Conditional Use Permit for the purpose of operating an autor repair, major use out of the property addressed as 310 Third Street. DISCUSSION The Planning Commission held a public hearing on May 11, 2021 and took public testimony on the application. The Planning Commission unanimously denied the Conditional Use Permit. After action was taken on the Conditional Use Permit,the Planning Commission directed staff to prepare Findings of Fact, which outline the basis for the denial. The Findings of Fact are attached to this memorandum ACTION REQUESTED Adopt the Findings of Fact. ATTACHMENTS: Type Description D Backup Material Findings of Fact CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA IN RE: Application of Armando Gutierrez FINDINGS OF FACT For a Conditional Use Permit for AND DECISION The purpose of allowing an Auto Repair,Major Use at the property located at 310 Third Street On May 11, 2021, the Farmington Planning Commission met to consider the application of Armando Gutierrez for a Conditional Use Permit for the purpose of operating an auto repair, major use out of the property addressed as 310 Third 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 at 310 Third Street("Subject Property") and is guided Commercial by the 2040 Comprehensive Plan and is zoned B-2 (Downtown Business). 2. The property had historically been used as an auto sales business that included an auto repair, major component. The auto repair was used strictly for the auto sales operation. 3. Auto sales in neither a permitted or conditional use within the B-2 zoning district and because of this, that use at the subject property was deemed a nonconforming use. 4. The auto sales operation ceased several years, thereby terminating the ability for the nonconforming use to continue—per Section 10-4-2 (B)3(b) of the City Code. 5. Auto Repair, Major is listed as a conditional use within the B-2 zoning district. 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. Auto repair, Major is listed as a conditional use within the B-2 (Downtown Business)zoning district. 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious or noxious to any other property persons and shall comply with the performance standards listed below. Based on previous history with the applicant staff does believe the location of major auto repair at this location would create instances where the use does create potential dangerous, injurious and noxious situations. 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. This site is a highly visible site at the entrance of downtown. The proposed use and based on past history with the applicant the use will notproduce a harmonious relationship with surroundingproperties. It should be noted that the 2016 Downtown Redevelopment Plan specifically identifies this site as a potential redevelopment site for a mixed use building (commercial/residential) which would be more harmonious with the adjacent properties and uses. 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. Again, this is a highly visible location at the edge of downtown and staff believes the proposed use will not 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. This site is constrained for off-street parking. Adding this type of use at this location would likely have a negative impact on the parking and access at this location as the applicant would likely want to keep vehicles that will be worked on outside of the building. 6. The proposed use shall preserve the objectives of this title and shall be consistent with the comprehensive plan. The comprehensive plan has the subject property guided for commercial uses. DECISION Applicant's request for a Conditional Use Permit for purposes of operating an auto repair, major use on the property located at 310 Third Street is denied. CITY OF FARMINGTON BY: Planning Chair ATTEST: Its Administrator