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HomeMy WebLinkAbout07-13-21 CITY OF FARMINGTON PLANNING COMMISSION MINUTES REGULAR MEETING July 13, 2021 1. CALL TO ORDER The meeting was called to order by Chair Rotty at 7:00 p.m. Members Present: Rotty,Lehto,Franceschelli,Windschitl,Tesky Members Absent: None Staff Present: Tony Wippler,Planning Manager 2. APPROVAL OFMINUTES a)Approve Planning Commission Minutes MOTION by Franceschelli,second by Tesky to approve the minutes of June 8, 2021.APIF, MOTION CARRIED. 3. PUBLIC HEARINGS Chair Rotty opened all public hearings. a)Amendment to Section 11-4-2 (D) of the Subdivision Ordinance Regarding Private Streets-Continued Staff has recommended that this public hearing be continued to the August 10, 2021 Regular Planning Commission Meeting.MOTION by Franceschelli,second by Lehto to continue the public hearing to August 10,2021.APIF,MOTION CARRIED. b) Conditional Use Permit for a Class III Restaurant within the B-2 Zoning District- Jonathan Rud-310 3rd Street Planning Manager Wippler reviewed the conditional use permit for 310 Third Street.The property is zoned B-2 (Downtown Business)and a class III restaurant is allowed as a conditional use.The applicant Mr.Rud currently owns a restaurant in Minneapolis called Berry Sweet Kitchen.The plan for the restaurant at 310 Third is a fast-casual style. The restaurant will serve breakfast,lunch and dinner as well as provide beer,wine and cocktails. As outlined in City Code,the conditional use permit shall be approved if it is found to meet six criteria.Planning Manager Wippler outlined how this conditional use meets all six criteria and recommends the action of approving the conditional use permit allowing the class III restaurant in the B-2 district at 310 Third Street contingent upon obtaining all necessary building and fire permits,obtaining a liquor license and obtaining a sign permit for any exterior signage to be placed on the building for the proposed use. Chair Rotty asked if the applicant or representative of Mr.Rud was present for the meeting. The applicant was not present.Chair Rotty opened up the room for questions and comments regarding the application. Mr.Gavyn Hobbs,son of Mr.Steve Hobbs,owner of Farmington Bakery, 212 Oak Street, asked what the proposed hours are for the restaurant.He works many afternoons at the bakery and most afternoons the Third Street on-street parking is full.City staff stated they plan to serve breakfast,lunch and dinner,so it will follow typical restaurant hours.Chair Rotty stated that there is the Second Street public parking lot adjacent to the proposed restaurant which the patrons of the restaurant should utilize.As far as hours,since the applicant is not present,the Commission and the public are unable to get that answer tonight. Mr.Steve Hobbs,owner of Farmington Bakery, 212 Oak Street had questions directed towards the applicant who was not present.Mr.Steve Hobbs stated that they are currently purchasing the building next to 212 Oak Street to create a similar open concept where people can sit down to enjoy their coffee or treat from the Farmington Bakery,Mr.Steve Hobbs raised concerns because the restaurant being reviewed tonight was described as more of an al a carte,grab and go option rather than a sit-down full breakfast restaurant as is currently displayed on their Minneapolis location website. Chair Rotty said the Commission's role is not to limit competition.Mr.Steve Hobbs stated he was hoping to get some answers from the applicant. Commissioner Franceschelli stated he does not see any issues.Commissioner Tesky supports this proposed conditional use.She believes it would be a good draw to downtown and help activate additional traffic during the day.Commissioner Windschitl asked about the liquor license process and if it fairly easy to obtain.Planning Manager Wippler stated it is not onerous to obtain.Commissioner Lehto stated she did not have any additional comments.Chair Rotty said it is a reasonable addition.The building has had a restaurant in there previously,so he supports it and recommends that the Commission approves it.Mr. William Pelach, 315 Spruce Street,stated that there have been other restaurants in there before. MOTION by Tesky,second by Windschid,to close the public hearing.APIF,MOTION CARRIED.MOTION by Franceschelli,second by Lehto to approve the conditional use permit to allow for a class III restaurant located in the B-2 (Downtown Business)zoning district located at 310 Third Street following three contingencies.MOTION CARRIED. c) Preliminary Plat and PUD-River's Edge Planning Manager Wippler outlined that Hunter Homes,LLC has submitted applications for preliminary plat and planned unit development for the River's Edge development.This property is south of Fire Station#1 on Denmark Avenue and west of Boeckman Middle School.The property is 75.8 acres in size.The existing use is cultivated farmland as well as floodplain and open space.The site is encumbered with four natural gas pipelines that travel north and south through the center of the property. As shown in the preliminary plat,the developer is proposing 276 townhome lots.The density as proposed is 6.7 units/acre and the property is zoned R-3 (medium density residential) and allows for 6-12 units/acre.The preliminary plat includes 57 outlots.Two accesses are shown. One off of Denamrk Avenue and one off of 220th Street W.The access off of 220th Street W does not meet the County's spacing guidelines.The County will allow it with the understanding that this access will likely become a restricted access (right-in, right-out) in the future when development occurs on the adjacent property to the west. There are three public streets proposed with this preliminary plat.The remaining drives identified on the preliminary plat will be private streets contained within outlots.The current preliminary plat shows the width of the private streets being 24 feet.City standards require a minimum 26-foot-wide roadway for private streets.A condition of approval will be to modify the widths of the private streets to meet the city standard of 26 feet in width. This property is zoned R-3 which currently does not allow for private streets.Staff will be Page 2 proposing to amend the city code to allow private streets within the R-3 zoning district. Approval of a final plat cannot take place until after this amendment is approved by the City Council. Sidewalks are shown on the south side of the public streets and a trail will need to be provided along 220th Street W,Denmark Avenue and the south side of the fire station.This will be a condition of approval for the preliminary plat.The County's Plat Commission reviewed this preliminary plat and determined that additional right-of-way will be required for Denmark Avenue and 220th Street W.This development is proposed as a PUD due to the use of private streets and a deviation to the side yard setback requirement.The developer is proposing a 15-foot side yard setback on a corner lot when city code currently requires 25 feet.Planning Manager Wippler outlined that the developer has informed city staff that the final plat will show 259 units rather than the current 276.City staff is comfortable having these changes made with the final plat since the overall layout of the preliminary plat is not substantially modified. Chair Rotty asked if the increase in private street width modifies anything on the plat. Planning Manager Wippler stated that the outlots are already larger than 26 feet,so they should fit within the outlots shown.Staff recommends approval of the preliminary plat and forward that recommendation to the City Council contingent upon increasing private street widths to 26 feet,modifying the plan to include an 8-foot trail along 220th Street W,Demark Avenue and the south side of the fire station and modify the plat to show additional right-of- way required by Dakota County for Denmark Avenue and 220th Street W.Planning Manager Wippler added a fourth contingency which is satisfaction of all city comments.Kurt Manley, the developer of River's Edge,added that the reduction of the units came from the request of the builder.Providing lower unit buildings will add additional aesthetics to the project and increase greenspace. Commissioner Franceschelli stated that the north side is mostly a floodplain.Is the area sufficient enough to handle any stormwater runoff or flooding?Planning Manager Wippler stated that through the storm water ponds proposed and the storm water management report,it meets all of the requirements to handle it.Chair Rotty clarified that the entrance to the development off of Denmark Avenue will align with Boeckman Middle School.The intersection will be a full intersection including turn lanes. Dwight Bjerke,922 Westwood Court,asked if the speed limit will be reduced on Denmark Avenue. He is in favor of having the speed limit reduced if possible.Planning Manager stated that the county would dictate what the speed limit is.Mr.Bjerke asked how tall the units will be.Mr.Manley said they are selling the project to a builder so they only have a blueprint.He assumes it will be slab on grade and two story,but more details will be available through the builder. Commissioner Tesky said she appreciated the reduction of buildings.Commissioner Windschitl mentioned the concern of traffic,especially with the middle school location. Planning Manager Wippler mentioned that the school district will bus the kids from that development across Denmark Avenue due to the speed of the road.Commissioner Lehto appreciates the comments regarding the speed limit.Commissioner Franceschelli thinks this will be an enhancement to the community.All of his other questions and concerns were answered.Chair Rotty said this is the type of housing the community has been requesting for years.Developing this property shouldn't be a surprise since MUSA was approved 20 Page 3 years ago.He asked about private street timeline ordinance. Planning Manager Wippler plans on having the ordinance review to the Planning Commission in August and it will go to the City Council the following week.The final plat would be ready after that.Chair Rotty emphasized that city staff should further conversations regarding the speed limit of Denmark Avenue.David Kitowski, 317 Hickory Street,asked what the price of these units will be.Chair Rotty asked for answers to all of these questions for final plat review and approval. Mr.Manley said renderings will be available for the final plat. MOTION by Franceschelli,second by Tesky,to close the public hearing.APIF,MOTION CARRIED.MOTION by Lehto,second by Windschitl,to recommend approval for the Preliminary Plat and PUD for River's Edge Development with four contingencies as outlined by city staff.APIF,MOTION CARRIED. 4. DISCUSSION a) Fairhill Estate at North Creek 5th Addition Final Plat M/I Homes is proposing to plat 13 single-family lots within the Fairhill Estate at North Creek 5th Addition.The 13 lots are located towards the southeast corner of the development.The final plat contains one outlot which will be future platted lots.Two contingencies exist with the final plat.Those are satisfaction of all engineering comments related to the plans for grading and utilities as well as an execution of a Development Contract with all fees and costs paid. Commissioner Windschitl,Lehto,Franceschelli and Tesky had no questions. MOTION by Franceschelli,second by Tesky,to approve Fairhill Estate at North Creek 5th Addition Final Plat with two contingencies and forward that recommendation to the City Council. b)Vita Attiva at South Creek Final Plat and Planned Unit Development CC Vita Attiva,LLC has submitted an application for final plat and planned unit development for Vita Attiva at South Creek.The development is located south of County Road 50 and southwest of the Vermillion River Crossings development.The final plat consists of 35 single-family lots and two lots for 8-unit multi-family structures.This is a part of the overall preliminary plat that was approved by the Planning Commission on May 25,2021 and the City Council on June 7,2021. The final plat is scheduled to be reviewed by the Dakota County Plat Commission on July 21, 2021.Comments related to the greenway and County Road 50 connection are expected after this date.The comments should be reviewed and addressed prior to City Council review of final plat.City staff recommends approval of the Vita Attiva at South Creek final plat and PUD Agreement contingent upon the following: 1. A roadway easement shall be obtained from the JMA Devney Family LLP for the portion of Pilot Knob Road that extends onto their property and record this easement with this final plat. 2. The satisfaction of all city comments related to the construction plans for grading and utilities. 3. A Development Contract between the applicant and City of Farmington shall be executed and security fees and costs shall be required. 4. Execution of the Planned Unit Development Agreement. Page 4 S. Address comments received from Dakota County prior to City Council review and approval of final plat. John Anderson,representative of CC Vita Attiva,LLC added that they had a grading pre- construction meeting and reviewed changes due to the Peterson Family owning some of the outlots.They want to get this land dedicated as right-of-way now rather than as a part of the second or third addition.CC Vita Attiva,LLC is also purchasing land and dedicating easements for future Pilot Knob Road.All of the right-of-way for Pilot Knob Road will be there.Construction will begin this year. Commissioner Lehto asked about pre-sales and if the HOA has been established.The HOA establishment is in progress,but not finalized.She also asked if the city has any say since this development is SS+and she wants to be cautious of fair housing laws.Planning Manager Wippler said the city can review them,but we don't have a say since it is a private agreement between the developer and property owner. Mr.Anderson said they are following state statute. Commissioner Franceschelli was concerned about not having a secondary entrance to the development,but with Pilot Knob Road and Spruce Street being platted now,they have met the concerns.Commissioner Tesky hopes this is a key development to unlock growth potential in this area.Commissioner Windschitl is impressed with the changes made to the development since the Commission's first review of it.Chair Rotty asked about the County review.Planning Manager Wippler doesn't anticipate any significant changes to the overall layout with their review. MOTION by Franceschelli,second by Tesky,to approve Vita Attiva at South Creek Final Plat and Planned Unit Development with five contingencies and forward that recommendation to the City Council. S. ADJOURN MOTION by Franceschelli,second by Windschitl to adjourn at 8:10 p.m. APIF,MOTION CARRIED. Respectfully submitted, Kalley Swift Community Development Specialist Page 5