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HomeMy WebLinkAbout4/11/06 City of Farmington 325 Oak Street Farmington, MN 55024 . A Proud Past - A Promising Future Committed to Providing High QJlality, Timely and Responsive Service to,All. Of Our Customers e.. ' ...--.;./~ '. AGENDA PLANNING COMMISSION April 11, 2006 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) March 14, 2006 3. PUBLIC HEARIKGS a) Swanson Acres Preliminary Plat Applicant: Double E Development b) Comprehensive Plan Amendment from Non-Designated to Commercial and Rezoning from A-1 to B-1 Applicant: 6 properties; City of Farmington c) Comprehensive Plan Amendment from Non-Designated to Commercial and Rezoning from A-1 to B-3 Applicant: Tracy Bauer; City of Farmington d) Conditional Use Permit - Home Occupation - Salon Applicant: Chanry Kellogg e) Text amendment in the IP zone - Fitness Club Applicant: AnyTime Fitness f) CUP allowing the construction of a public building in an R-D District Variance from the required off-street parking standards Applicant: City of Farmington g) Text amendment in IP and B-1 zones under Conditional Use - Auto-repair, major Applicant: City of Farmington h) Comprehensive Plan Amendment from Industrial to Commercial and Rezoning from IP to B-1 for the property addressed as 5119 212th Street, Farmington, MN (former Duo Plastics Building) ... Applicant: City of Farmington i) Text amendment in B-1 zone under Conditional Use - Trucking Terminal Applicant: City of Farmington . . 4. DISCUSSION a) J.I.T. Powder Coating Site Plan b) Findings of Fact - Regan c) Discussion of the Building Height Definition and Increase of Maximum Building Height in the R-3 Zoning District d) Tree Preservation Ordinance e) Seed/Genstar Proposed Land Use Modification (2006 AUAR Update) 5. ADJOURN . . . TO: FROM: SUBJECT: DATE: INTRODUCTION City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us Planning Commission fifL/ Lee Smick, AICP City Planner Swanson Acres Preliminary Plat April 11, 2006 Double E Development, LLC., has submitted a Preliminary Plat for the property located on the west side of Akin Road and north of Middle Creek Estates. The current address of the property is 20441 Akin Road. The developer is proposing seven single-family lots in the R-l Zoning District. Plannine: Division Review Applicants: Referral Comments: Attachments: Existing Conditions: Mark Emond Jamie Elevestad 20534 Biscayne Avenue Farmington, MN 55024 (612) 490-5100 1. Park & Recreation Division 1. Application for Preliminary Plat 2. Location Map 3. Narrative from Developer 4. Preliminary Plat 5. Preliminary Utility Plan 6. Preliminary Grading Plan 7. Existing Conditions 8. Detail Plan The property location is shown on Exhibit 1. The existing site topography shows a 48-foot fall from the west side of the property to the east side of the property, creating an 11.8 % slope. The property is almost completely wooded (Exhibit 2). An existing home is located on the property; however, the developer proposes to demolish the structure . . . before construction begins. A demolition permit will need to be applied for by the developer. Proposed Development: The developers propose to plat seven single-family lots on 3.52 acres (Exhibit 3). The gross density proposed is 1.99 units/acre; however, the net density proposed is 3.2 units/acre, thereby meeting the Met Council's density requirement of 3 or more units/acre. Streets and Accesses: The developers propose to construct a cul-de-sac to service the lots. The cul-de-sac is proposed at approximately 253 feet in length and a 50-foot wide radius, meeting City requirements. Access to and from the cul-de-sac will be from Akin Road. Water, Sanitary Sewer & Storm Sewer: A water main and sanitary sewer line currently exist on the west side of Akin Road, providing readily available access to these utilities (Exhibit 4). A storm water pond is proposed at the north end of the site adjacent to Akin Road in order to infiltrate surface water runoff from the existing drainage ditch along the west side of Akin Road. An arched culvert currently exists under Akin Road and will be utilized for both surface water runoff and drainage from the pond (Exhibit 5). Sidewalks & Trails: A trail currently exists on the east side of Akin Road. There are no adjacent existing trails or sidewalks located on the west side of Akin Road, therefore, the developers will not be required to install a sidewalk or trail on the west side of Akin Road. Wetland & Floodplain: Wetlands or floodplains do not exist on the property (Exhibit 6). Parkland: The Parks & Recreation Director has determined that the developers will be required to submit cash-in-lieu for park dedication requirements because the development is less that 5 acres in size and contains only seven lots. DISCUSSION The developers are proposing seven single-family lots on 3.52 acres (153,378 square feet). Excluding the pond (15,754 square feet) and arterial road right-of-way (Akin Road; 42,760 square feet) results in 94,864 net developable square feet or 2.18 net acres, resulting in a net density of 3.2 units per acre. The 3.2 units/acre exceeds the Metropolitan Council's requirement 2 . . . regarding densities at 3.0 units/acre and above. The Developer's Narrative discusses the project in more detail (Exhibit 7). Proposed Lot Sizes and Widths The lot is located in the R-l Zoning District, which requires a minimum lot size of 10,000 square feet and a minimum lot width of75 feet. The lot sizes and widths are proposed as follows: Lot Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot Size 13,424 sf 17,820 sf 10,839 sf 16,594 sf 10,050 sf 10,004 sf 16,133 sf Lot Widths 96 feet 75 feet 75 feet 76 feet 76.7 feet 75 feet 89 feet All of the lots sizes and widths meet the minimum standards ofthe R-l Zoning District. Proposed Housing The proposed housing construction will include one full-basement, one full-basement with a walk-out and the remaining five lots will be full-basement splits with look-outs. Parks & Recreation The Parks & Recreation Director has determined that the developers will be required to submit cash-in-lieu for park dedication requirements because the development is less that 5 acres in size and contains only seven lots. Randy Distad, Parks & Recreation Director, has attached a letter stating this information (Exhibit 8). Transportation The preliminary plat shows seven lots arranged around a 235-foot long cul-de-sac that will connect to Akin Road. The cul-de-sac length meets the requirements of the City Code. The cul- de-sac roadway width is proposed at 32 feet measured from face of curb to face of curb within a 60-foot wide right-of-way. An 8% slope is proposed for the roadway at its highest point, leveling off at the entrance to Akin Road at 2.9%. The developers are proposing a 60-foot wide radius to the cul-de-sac, which meets City requirements. Middle Creek Historic Cemetery - Heritage Landmark As noted on the preliminary plat, the City of Farmington owns a cemetery at the southwest corner of Swanson Acres. The Middle Creek Historic Cemetery was approved as a City Landmark on February 18, 2003 by the Heritage Preservation Commission (HPC). Per Section 2-11-5 of the City Code, the following is required: 3 . . . D) Development Projects: Every application for a preliminary or final plat, variance or conditional use permit in relation to a significant historic property in the City shall be reviewed by the HPC and their recommendation shall be forwarded to the Planning Commission for consideration in making their recommendation to the City Council. In determining whether or not a project will have an adverse effect upon a significant historic property, the HPC shall consider the following factors: 1. Whether the development will substantially alter the appearance of an historic building, site, structure, object or district so as to remove the features which distinguish the historic property as a heritage landmark; and 2. Whether the use of the property will destroy, disturb or endanger a known or suspected archeological feature. The HPC reviewed the development at a special meeting on April 4, 2006 to determine if the "development will substantially alter the appearance of an historic site". The City's Heritage Preservation Consultant, Bob Vogel, identified three issues that should be contingencies to the approval of the Swanson Acres Preliminary Plat. The issues are as follows: 1. Mr. Vogel needs to be notified by the developer when grading near the cemetery commences. He needs to monitor the grading on site to insure that the cemetery is protected and if any possible burial sites on the Swanson Property are discovered that grading is stopped immediately. 2. If work is not being done near the cemetery, the area should be flagged in order to protect it from any construction activity. 3. A 4-foot tall black vinyl chain link fence is installed on the Swanson Property adjacent to the cemetery's shared property line. 4. A lO-foot buffer setback will be required between the cemetery's property line and the retaining wall and no work will be allowed within the buffer. The HPC determined that the Swanson development would not visually intrude on the cemetery and the chain link fence would buffer the historic cemetery. Landscape Plan The Developer is proposing to install boulevard trees at 40-foot on center to comply with the City Code (Exhibit 9). Additional trees are proposed surrounding the pond; however, the species needs to be revised from evergreen trees to deciduous trees. Because of the need for the City to maintain the pond, deciduous trees make equipment maneuvering easier than evergreen trees. The deciduous trees need to be located on the top of the slope. The Developer will need to make these revisions. Engineering Review Retaining walls are proposed on the south and west property lines (Exhibit 10). The south walls are proposed at heights up to 4 feet and the west walls are proposed at heights up to 10 feet. An additional retaining wall is proposed for the east side of Lot 1 at a height up to 10 feet. Any retaining wall over 4 feet in height needs to be structurally engineered. Due to the grading cut 4 . . . into the slope for house construction, the developer is proposing to install a chain link fence on the south and west property lines adjacent to the retaining walls. A 4-foot tall black vinyl chain link fence needs to be installed on the Swanson Property adjacent to the cemetery's shared property line. ACTION REQUESTED Recommend approval of the Swanson Acres Preliminary Plat and forward the recommendation to the City Council contingent upon the following: 1. The satisfaction of any engineering requirements including the construction plans for grading, storm water and utilities. 2. The evergreen trees need to be changed to deciduous trees surrounding the pond. 3. The satisfaction of the HPC requirements as stated above. 4. A demolition permit will need to be applied for by the developer to demolish the existing home on the property. Respectfully submitted, ~~. Lee Smick, AICP City Planner cc: Double E Development, LLC. File 5 , --==- . . . . rr-.-. l"2 ~ r:' ;-..' I!!",\!S~;' i' : ' it ~ f ~!,,"~-,~~:-~:;.'-_. 1.1 j I P Ii V.i' :1:\ FEB 2 42006 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us II PLAT REVIEW APPLICATION Applicant: Oou\1\t2 e tA2"elop'M.~",A. LLC Telephone: (6/z.) 4~O.5 100 Address: ZO$34 (3 ,"sC'<1.VN€ Ave Fe{rM'N5+~.v r1N Street / City State Owner: Sa.. M P c::t s. App'; CQ. ",.+ Telephone: L.J Fax: (1W 4bct-SIOO <:; So ~ I.( Zip Code Fax: L.J Address: Street State Zip Code City Location of Property: 20 'Ill 1 Address AK;"-J Koa..d u.J . Current Zoning District )( - \ \ "a.Ca.~t S.t:. S~"-1~\e -Po..M:\Y \-lo~se \01-.5. Current Land Use Description of Project: \ r"'\. P ("C \J e 'M e v +... -\}o f" 7 SUBMITTAL REOUIREMENTS (please attach) o Names, Addresses and Phone numbers of all Owners o Names, Addresses and Phone numbers of Land SurveyorfEngUneer o Area Bounded By Description o Total Gross Area PLAT REVIEW OPTION Preliminary & Final Plat: o Together J!l In Sequence , Pre Plat Administra~ve q:ee $ '3 W Pre Plat Surety $ (J ,.Bpaid . i:l paid AG----c~ ature of Property Owner cl~e ~ .. nature of Applicant ~J.)r IJ ~, I Date .:J b!JOb IDe --~ II ~ .~ ~ g ~~ i Ii! II !;! wml i5-~~ 15~ j~ ~~i~ ~~ .. ~~ I ~ j~ ~ ~ "~ ffi 8 ffiiii l i . " . !! ~ ;;: , I I ~ ~ 'L-: :Ii!: It! 1 ~ ~ ::_ J J ~ iIi r --1 ~ ~ . 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I l.....l E~ ; iil [1[0 I:l~ h ~l!l 5Z iil~ g"" ...::::: ~ v~ ~e C> . ~ ~ z=> ~ ce - wce!;; WW ~ i:\ ClClZ.e:;." oi; 0 ~ cf:J e'XII/#1I 3 ~ g ~ ~ ~ ~ i ~ SITE MAP / F.ER: DOUBLE E DEVELOPMENT LLC 20534 BISCAYNE AVE W FARMINGTON MN 55024 LAND: BUILDING: TOTAL: SCHOOL DISTRICT: 69,900 99,000 168,900 192 LOT SIZE 153,506 TOTAL sa FT 3.52 TOTAL ACRES 14,432 ROAD RfW sa FT 2005 BUILDING INFORMATION (PAYABLE 2006): TYPE S.FAM.RES YEAR BUILT 1955 ARCHISTYLE 1-114 STRY FOUNDATION sa FT 1076 FINISHED sa FT 1268 BEDROOMS 2 BATHS 1 FRAME WOOD GARAGE sa FT 400 OTHER GARAGE MISC BLDG PROPERTY ID NUMBER: 14-02500-010-03 2005 ESTIMATED MARKET VALUES (PAYABLE 2006) PROPERTY ADDRESS: 20441 AKIN RD W FARMINGTON MN 55024 LOCATION: SW114 NE114 SECTION 25-114-20 PAYABLE 2005 TAXES NET TAX: SPECIAL ASSESSMENTS: TOTAL TAX & SA: 1,457.72 842.26 2,299.98 PAYABLE 2006 HOMESTEAD STATUS: NON HOMESTEAD WATERSHED DISTRICT: VERMILLION RIVER PAYABLE 2006 ASMNT USAGE:RESIDENTIAL LAST QUALIFIED SALE: DATE: AMOUNT: (\ \ \ \~ \ .~:? &Bj2J/. ' ~ /'"") .M~f~ {/ 0-. " iJ' t..1 \ Ii,' ,i - ./Ctfll/<< ArY / ;J..!)t/t/I,4;(;/1/ /eJ} /"^' ,(/ L~J''1Lftr,! \~ ) \ \ \ \~\~ . Jimensions rounded to nearest foot. Copyright 2006, Dakota County - This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drewing is a compilation of records, information and data located in various city, county, and state offices and other sources, affecting the area shown, and is to be used for reference purposes only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are found, please contact Dakota County Survey and Land Information Department. 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(', .........Y II~I ........ \.:;..y~# ...........1' _1,.' .............. .It-,:;.......:..., I ........ .... / " .......... ~:'" ,1, ........ .........'<,' ........ ' ,...' ............. ......J / '- V ..... ..... ..... "- "- ).--- / / V I ) / - , ...~ .. ..~~</- <~..;?- . ,/ I / /I.y~IICI.lI"I_\JIlOolYJ\-."\-'..s-, . ~_I"Y\.o_~ EfIl/8/r b ~ i ~ ~ % ~ ~ it El ~ l . . ROBE ENGINEERING COMPANY, INC. CONSUL liNG ENGINEERS, PLANNERS and LAND SURVEYORS 1000 EAST 146th STREET, BURNSVILLE, MN 55337 (952) 432-3000 c::~-,\/ 11113 IT 7 February 23, 2006 RE: Preliminary Plat Submittal for Swanson Acres, (Double E Development) Lee Smick 325 Oak Street Farmington, Mn 55024 Dear Lee, Double E Development has decided to submit an application for preliminary plat approval. While we have received no written comments from the Planning Commision's discussion about the sketch plan on February 14th, we understand the concerns to be: A. the amount and height of the retaining wall and the fact that it must be engineered B. the lack of a fence at the top of the retaining wall for protection and C. The high volume of tree removal proposed. The amount of retaining wall and tree removal is a function of the grading needed to provide the buildable lots for the project. The existing topography indicates about 42 feet in elevation difference from the west edge of the site down to Akin Road. Utilizing a maximum road grade of 8% up from Akin Road, we are still unable to get high enough to eliminate retaining walls and save trees. We are showing a fence to be placed on the top of the walls for safety reasons. The developer understands all walls in excess of 4 feet in height must be engineered. The developer intends to provide this information with the final plat submittal when all the engineering construction drawings will be submitted. The developer has considered the project carefully and the 7 lots proposed are needed to make the project feasible. In fact they had to carefully reconsider the project when they realized 8 lots was impossible. With the pond, only 7 conforming lots could be obtained. During our phone conversation on or about January 27th, you had indicated there were comments from your engineering department and that they would be put in a memo and the memo would be sent to me. When I called you the day after the Planning Commission, you said you would check with Engineering and have them get the memo to me. Neither the developer nor I have received the memo yet. You did give me the Erik Peters memo regarding drainage and pond issues dated February 1 st. His memo was based on the sketch plan that was originally submitted on or about December 22, 2004. Since then per your verbal comments, the pond has been slighdy reconfigured. This reconfiguration was shown on the sketch plan that went to Planning Commission. . . . -2- February 23, 2006 Per City Code 11-2-2 (as found at your website), we are submitting 15 copies of the preliminary plat plans, 5 copies of the hydrology calculations and a list of property owners located with 350 feet of the subject property. The developer will be submitting the required fee as well. We believe we have provided all the required information per City Code 11-3-2 (as found at your website). It is our understanding that items listed under section D are to be provided when deemed necessary by City Staff. Please let us know if any of these items are needed. Thank you for considering our preliminary plat submittal. We realize this is a challenging site. We looking forward to working with you and the Engineering staff. The developer and I would be willing to meet to discuss any issues you may have. Sincerely, - r/~ Probe Engineering Co., Inc. 1000 E. 146th Street Ste. 240 Burnsville, Mn 55337 cc: Mark Emond . . . ,. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us EX'/I/8rrB TO: Farmington Planning Commission FROM: Randy Distad, Parks and Recreation Director RE: Comments on Swanson Acres Preliminary Plat DATE: March 2, 2006 BACKGROUND Staff has reviewed the Swanson Acres Preliminary Plat (Plat). DISCUSSION It doesn't appear that the development needs to have any trails or sidewalks since there are not any adjacent existing trails or sidewalks to connect to. Since the development is less than five acres and contains only seven lots, staff feels that there isn't a need to require land to be dedicated for a park. This development will be within the half mile radius of both Pine Knoll Park and Middle Creek Park, which is the standard that the City follows residential development. The City should instead take cash-in-lieu ofland to be dedicated for a park. It is important for the developer to know that they will need to complete an appraisal on the property in order to determine the cash-in-lieu value for the park dedication requirement. RECOMMENDATION: Staff recommends to the Planning Commission that the Preliminary Plat for Swanson Acres development be approved with no trails or sidewalks being required and that the City should take cash in lieu of land in order to satisfy the park dedication requirement. ~.~~ ctfu]ly Sub_milled, /~~;#J Randy Distad Parks and Recreation Director !! ~~ CoO .~ ~ - ----=--__.J . \ \ \ \ \ \ \ \ \ \ \ \ --- / / / '< / '-.. '-.. / / .- '-.. '-.. Z / '-.. '-.. ....... / '-..'-.. ~ ........................ ~ / \ ~~ / \ ~~ / y---( I ! \ r ) !- --- --- ~ '-... / ~ ./ 'V ! . .. ~ ! t:;~ iti "/; ~ ~ ~ i jf~iLni i~:iq!I' "1.. l. 15 ~ j Ii ~ " If! ... t:; i i! I -" t . ~ .... ! I; · ;~. ~ ~ ] . i!! ! ff l -n , , - . ,{ 1"! li~ H! H 11 ~! 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'= . ~:~l, ; .11 .t utI ~ .Ut Ct I-y'1'l'.I.JO'\.nO"J>>\sue,<O\_'.._lduW"A.e'I-,....\oZI _-u ~ o Vl L>J Z z :ii z. o I- '-" z :ii a:: ~ ii~il ,! h1 h z ~ 11i:le <J ~!ii. 'S~ib ~:hl~ ~8 hi g i ! ~ i!' ~ iil ~o ~i ~~ !!i~ V v ~ ~ '" I !;i (!) ..ti ~~~ ffig:~ ww~ ~ c::lZ~ 8 015 0 g O::J ;:::;- ? v/~ , /0 ~ ~ ~ ;!; ~ " . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Planning Commission l/fJ c, FROM: Lee Smick, AICP City Planner SUBJECT: 1) Amend Comprehensive Plan from Non-Designated to Commercial and Rezone the 6 Properties at 3400 220th Street W., 3338 220th Street W., 3360 220th Street W., 3050 220th Street W., 3282 220th Street W., and 3240 220th Street W. from A-I (Agriculture) to B-1 (Highway Business) 2) Amend Comprehensive Plan from Non-Designated to Commercial and Rezone the Bauer property at 20125 Canton Court from A-I (Agriculture) to B-3 (Heavy Business) DATE: April 11, 2006 . INTRODUCTION The City of Farmington has annexed a total of seven properties within the last two years that are located south of TH 50 and east of TH 3. With the approval of the annexations, MUSA was also extended to the properties. The properties are currently zoned A-I and are not designated within the City's Comprehensive Plan, therefore, staff is proposing to amend the Comprehensive Plan and Rezone the properties. Staff is presenting the properties in two "packages". The first "package" consists of six separate properties that were simultaneously annexed as a group on November 15, 2004 (Exhibit A). The properties [hereinafter referred to as "6 Properties"], are located on the south side of TH 50 and east of TH 3 (Parcels 6-11). Their addresses are 3400 220th Street W., 3338 220th Street W., 3360 220th Street W., 3050 220th Street W., 3282 220th Street W., and 3240 220th Street W. At the time of annexation, the City Council also allocated MUSA to the parcels. The 6 Properties have recently been connected to City water and sanitary sewer. The second "package" consists of the Tracy Bauer property located at 20125 Canton Court. The annexation of the property was by the City Council on June 20, 2005. The property was allocated MUSA at the time of annexation and was recently connected to City water and sewer. DISCUSSION . 6 Prouerties - Comurehensive Plan Amendment/Rezone As stated above, the 6 Properties were annexed together and consist of 8.5 total acres. The annexation was a part of an earlier Joint Powers/Orderly Annexation Agreement between the City and Castle Rock Township in August of 2003. The agreement was related to the Ash Street Reconstruction and Utility . . . Improvement Project. The EDA recently reviewed the possible designation and rezoning of the six Properties and determined that this location would be suitable for B-1 (Highway Business) type uses such as retail, restaurants, and offices (Exhibit B). City staff has also determined that this location is one of four major entrances into the City and would provide a valuable location for new B-1 uses. Existing Conditions ofthe 6 Properties The following information identifies the existing conditions for each of the 6 Properties (Exhibits C-I, photos of existing conditions). Parcel 6 - 3400 22fJh Street W. The parcel consists of an existing single-family home built in 1973. The lot area is 39,600 square feet. Parcel 7 - 3338 22fJh Street W. The parcel consists of three commercial uses in one building constructed in 1976. The lot area is 44,438 square feet. The northern portion of the building is used by Townsedge Barbers and Beauticians, which would be a permitted use in the B-1 zoning district. The northern portion of the building is also used by Northwest Auto Sales, which would be a conditional use in the B-1 district. The southern portion of the building is used by Parkway Collision Services. This type of use is considered "auto repair, major," and would not typically be allowed in the B-1 zoning district. However, the business would be considered a legal non-conforming use if the zone was approved as B-1. The remainder of the lot is used for the storage of auto parts and wreckage. A 6-8 foot tall chain link fence encloses the storage area. Parcel 8 - 3360 22fJh Street W. The parcel consists of two commercial uses including the former Cannon Log Homes business on the north portion of the lot and Starr Automotive on the south portion of the lot. The lot area is 64,241 square feet. The buildings were constructed in 1976. Contract Management & Services has recently signed a lease to assemble monolithic panel homes in the former Cannon Log Homes building. The building is suitable for this type of use because of the existing crane in the building. The crane will assist the owner in loading and unloading the assembled panels and raw material. The Building Official and Fire Marshal have examined the building and have approved it for occupancy. This type of use is not allowed in the B- 1 zoning district; however, the business would be considered a legal non-conforming use if the zone was approved as B-1. The south building consists of Starr Automotive. The use is auto repair, major and will be considered a legal non-conforming use upon approval of the B-1 zone. The remaining portion of the property consists of a storage lot for cars to be repaired and for employee parking. A 6-8 foot tall chain link fence surrounds the entire parcel and the storage lot. Parcel 9 - 3050 22fJh Street W. The parcel consists of an existing single-family home built in 1900. The lot area is 50,490 square feet. ParcellO - 3282 22fJh Street W. The parcel consists of a vacant commercial building constructed in 1968. The lot area is 46,200 square feet. The remainder of the lot consists of a storage area for semi-trailers and cars. A 6-8 foot tall chain link fence surrounds the entire parcel Parcel 11 - 3240 22(jh Street W. . The parcel consists of a commercial use known as C.R. Fischer & Sons. The use is classified as office, and would be an allowed use in the B-1 zoning district. The lot area is 92,400 square feet. The building was constructed in 1978. The lot is currently being used for employee parking and the parking of business trucks. Two railroad box cars are also located on the property. A 6-8 foot tall chain link fence surrounds the property on the east, west and south, and a 6-8 foot tall wood fence provides screening on the north portion of the storage area. Legal Non-Conforming Uses As mentioned above, some of the existing uses may become legal, non-conforming uses if the zoning is amended from A-I to B-1. The language in the State statute allows existing uses to continue, however, an expansion of the use is not possible unless the non-conformity is discontinued for a year or more or the use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value. If the use is damaged over 50% of its market value and no building permit has been applied for within 180 days of the damage, a subsequent use must conform to the current zoning. The statute is attached as Exhibit J. Tracy Bauer Property - Comprehensive Plan AmendmentlRezone . The property was approved for annexation and allocated MUSA on June 20,2005. The property consists of 2.34 acres (Exhibit K) and is currently being used as a counter top manufacturing business (Exhibit L). This type of use would meet the B-3 zoning district requirements (Exhibit M). Additionally, the Farmington Business Park located to the south and west of the Bauer property was recently zoned B-3 PUD. City staff recommends that the Planning Commission designate the Bauer parcel as Commercial on the Comprehensive Plan, zone the property B-3, and forward the recommendation to the City Council. ACTION REQUESTED City staff recommends that the Planning Commission approve the following actions and forward the recommendation to the City Council: 1. Amend Comprehensive Plan from Non-Designated to Commercial and Rezone the Properties at 3400 220th Street W., 3338 220th Street W., 3360 220th Street W., 3050 220th Street W., 3282 220th Street W., and 3240 220th Street W. from A-I (Agriculture) to B-1 (Highway Business). 2. Amend Comprehensive Plan from Non-Designated to Commercial and Rezone the Bauer property at 20125 Canton Court from A-I (Agriculture) to B-3 (Heavy Business). Respectfully Submitted, ~~ Lee Smick, AICP . City Planner . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us TO: tfV Planning Commission , FROM: Tony Wippler, Assistant City Planner SUBJECT: Conditional Use PermitIHome Occupation Permit - Salon Applicant: Chanry Kellogg DATE: April 11, 2006 INTRODUCTION The applicant, Chanry Kellogg, has submitted an application for a Conditional UseIHome Occupation Permit involving the operation of a hair salon out of her home. Plannin2 Division Review Applicant: Chanry Kellogg 18671 Dunbury Avenue Farmington, MN 55024 Attachments: 1. Application 2. Location Map Location of Property: Located off of Dunbury Avenue, west of Dulcimer Court and south of Duluth Street in the Meadow Creek 4th Addition Property Address: 18671 Dunbury Avenue Farmington, MN Surrounding Land Uses: The property is surrounded by single-family residences Existing Zoning: R-l, Low Density Residential Comprehensive Plan: Low Density Residential Off-street Parking: Yes - two stalls in driveway BACKGROUND The applicant, Chanry Kellogg, is requesting Planning Commission approval for a Conditional UseIHome Occupation Permit to allow her to conduct a hair salon within her home. . . . The salon will involve basic hair cuts, colors, permanents, etc. Most of the work will be completed on one barber chair; some use of chemicals will be involved. Operation Mrs. Kellogg indicated that she would be available by appointment only. Her hours are tentatively set for lOam to 5 pm Monday through Wednesday. No appointments will be taken on the weekends. The applicant stated that she would be the only person working at the salon. DISCUSSION Section 10-6-2 ofthe City Code provides as follows: A home occupation is permitted as an accessory use if it complies with the requirements of this Section following all procedures outlined for approval of a conditional use. (A) The home occupation shall be conducted solely and entirely by persons who reside full time in the home. As stated above, the applicant has indicated that she would be the sole person working in the salon. (B) The home occupation shall be conducted wholly within the principal or accessory structures. The salon operation would be conducted wholly within the home. (C) No structural alterations or enlargements shall be made for the sole purpose of conducting a home occupation. The applicant will not be making any enlargements to the home to accommodate the proposed home occupation. However, the applicant's is proposing to finish off the basement of the home and the salon area will occupy one of the rooms to befinished. (D) Only one home occupation shall be permitted for each principal structure. No conditional use/home occupation permit exists for this property. (E) Exterior displays or signs other than a two-sided, two (2) square foot, non-illuminated sign and exterior storage of materials and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted. The applicant has not indicated whether she would install a sign for the business or not. A sign permit would be required if the applicant wishes to install a sign. . . . (F) The activity does not involve the manufacture, assembling or distribution of goods and the activity does not deal with the general retail public. The activity being proposed will not involve the manufacturing, assembly or distribution f goods and does not deal with the general retain public. The applicant has indicated that her clientele will all be appointment based. ACTION REQUESTED Determine if the operation of a salon is acceptable under the City's Home Occupation ordinance (Section 10-6-2) and recommend any necessary conditions. Respectfully submitted, ,-;~ LU~~ Tony Wippler, Assistant City Planner Cc: Chanry Kellogg . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us II CONDITIONAL USE PERMIT APPLICATION II Applicant: C" /-IM R \/ KELt 066 Telephone: fL/lJ 8o/-Q67- Fax: U Address: (lCu 1-1 btJ',J~OA v AIIF ~M,.I\I("f(J..-./ #lAl r:r1> ~ Street T City "::J State Zip COde' Owner. C lilt..! ~ f Kd(o 6 6 Telephone: LJ Fax: LJ Address; Q!t1 t,q Street"'- City State Zip Code . Premises Involved: Address/Legal Description (lot, block,~lat name, section, township, range) Current Land Use Current Zoning District ;/.19-/~ ,f;er((iN I ON-L ,!J.KJ,Ai 04/1-/A / ."/ Specific Nature of Request: 41JVlCe SUBMITTAL REOUIREMENTS B'yroofofOwnership H6Copies of Site Plan d' Application Fee ~AbstractJResidential List (required 350' from subject property) unda / Lot Survey cr10rrens (Owner's Duplicate Certificate of Title Required) Signature of Applicant Date Request Submitted to Planning staff on Public Hearing Set for: For office use only Advertised in Local Newspaper: Planning Commission Action: _Approved City Council Action (if necessary): _Approved _Denied _Denied Comments: . Conditions Set: Planning division: Date: OliOS . c.. <( :E z ~ () o ...J I , ~ 0::: W a. o 0::: a. I- U W .., en => en D . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: \~v Planning Commission FROM: Tony Wippler, Assistant City Planner SUBJECT: Text Amendment in the IP zone to allow a Fitness Club Applicant: AnyTime Fitness DATE: April 11, 2006 INTRODUCTION / DISCUSSION Larry Conroy, representing AnyTime Fitness, has requested a text amendment to Section 10-5-21 of the City Code to allow a fitness/exercise club in the IP, Industrial Park, zoning district. Currently, the proposed use is neither a permitted or conditional use in the IP zoning district. The applicant has expressed a desire to locate his business, AnyTime Fitness, within a portion of the Vinge Tile Building located at the northwest corner of Eaton Avenue and C.S.A.H. 50 in the Industrial Park. Please note the letter (Exhibit A) submitted by the applicant requesting the aforementioned text amendment. Attached to this memorandum as Exhibit B is a copy of Section 10-5-21 of the City Code listing the permitted and conditional uses within the IP zoning district. History Both the Planning Commission and the City's Housing Redevelopment Authority (HRA) have previously discussed the possibility of allowing a fitness/exercise facility in the IP zoning district. Attached as Exhibits C and D are copies of the minutes from the HRA meeting on May 9,2005, and the Planning Commission meeting on May 10, 2005, respectively. These were the meetings on which this particular topic was discussed. The indication that staff received from both the HRA and Planning Commission at these meetings is that a fitness/exercise facility is not the highest and best use of industrial property and should not be allowed in the IP zoning district. Based on the previous discussions staff had with both the City's HRA and Planning Commission, staffs recommendation to the Planning Commission will be to determine that a fitness/exercise facility is not appropriate in the IP zoning district and deny the proposed text amendment. . . . ACTION REQUESTED Deny the text amendment requesting to allow fitness/exercise facilities in the IP zoning district. Sincerely, /~ fA)"~ Tony Wippler, Assistant City Planner Cc: Larry Conroy, AnyTime Fitness 10-5-21: IP INDUSTRIAL PARK DISTRICT: Page 1 of2 bll/I3FT 13 10-5-21: IP INDUSTRIAL PARK DISTRICT: . (A)Purpose: The IP industrial park district allows for existing industrial uses within the city and promotes high quality architectural, landscaping and site plan development standards for new industrial development in order to increase the city's tax base and provide employment opportu n ities. (B) Bulk And Density Standards: 1. Minimum Standards: . Lot area Lot width Front yard setback Side yard setback Rear yard setback Minimum side and rear yard abutting any residential district Off street parking and access drives 10 feet Public and semipublic buildings 35 feet Recreational, entertainment, commercial 50 feet and industrial uses 40,000 square feet 150 feet 50 feet 25 feet 25 feet Height (maximum) 45 feet Maximum lot coverage of all structures 35 percent All standards are minimum requirements unless noted. (C)Uses: 1. Permitted: Light manufacturing facilities. Office showroom. Office warehouse. Research facilities. Warehousing facilities. . (Ord. 002-469, 2-19-2002; amd. Ord. 003-498, 9-15-2003) 2. Conditional: http://66.113.195.234/MN/Farmington/13005000000021 000 .htm 4/5/2006 10-5-21: IP INDUSTRIAL PARK DISTRICT: Page 2 of2 Bus terminal. . Child daycare facilities, commercial. Manufacturing facilities. Public utility buildings. Truck terminal. (Ord. 002-469, 2-19-2002; amd. Ord. 003-498, 9-15-2003; Ord. 005-530, 5-16-2005) 3. Accessory: Parking lots. 4. Interim: Mineral extraction. (Ord. 002-469, 2-19-2002; amd. Ord. 003-498, 9-15-2003) . . http://66.113.195.234/MN/Farmington/13005000000021000.htm 4/5/2006 . * 5. . . EX/118fT C. HRA Minutes May 9,2005 Page 2 suggested moving the vehicles to the fenced.,.in area. The building is divided down the middle so staff suggested closing the doors to the other half of the building. MOTION by Fogarty, second by Starkman to authorize the Rambling River Days Committee to use the Blaha building for the petting zoo and the open space at 3rd and Spruce for the discussed events, and the McVicker lot, subject to whatever review or approval the City Attorney would like to engage in with regard to the liability issues. APIF, MOTION CARRIED. Unfinished Business a. Industrial Park - Vinge Tile & Stone It was discussed at a previous meeting whether Mr. Vinge could put up a sign on his adjacent lot "Will Build to Suit." The HRA agreed to this. Now staff noticed a leasing sign on his own building. Mr. Vinge was considering expanding into granite-like counter tops. They started on this, but it did not work out. He will postpone his fabrication work and that allowed for extra space in his building. He has received three calls, one from a karate school, and a fitness center. Staff informed him those were not industrial park type uses. Staff wondered if having a fitness club in one third of the building would be compatible with his manufacturing business such as parking, traffic flow, noise, etc. Mr. Vinge's contractor has assured him they can build walls that will insulate the sound. Mr. Vinge is prepared to expand his parking lot to allow for parking for patrons. Staff told him their initial reaction was there might be some resistance to the concept of that significant a change in that type of use. Staff suggested waiting 1-3 weeks for more inquiries of industrial type uses. Councilmember Fogarty did not feel a fitness center belongs in the industrial park. She did not like the extended hours as that lends itself to other possible problems. Staff felt the interest Mr. Vinge has received is due to two things. One, the building is not done, but it will be a good looking building and will attract a lot of attention. Mr. Vinge will receive calls from people because the building does not look industrial. Second, Mr. Vinge is tapping into a reservoir of space needed. The other commercial and retail structures we need are not on line yet. People are so desperate for space, they will consider putting a business in an industrial park even though the business is not industrial. Mr. Vinge will refer calls for retail businesses to Community Development Director Carroll to put them in touch with Mr. Allendorf for the Spruce Street area or Mr. Wartman for City Center. Member Starkman agreed we are going to have more commercial space for these types of businesses. He asked if Mr. Vinge wanted to have the fitness center or karate school, would the HRA need to change the bylaws of the industrial park to allow this or could Mr. Vinge do this based on the current laws. Staff replied we would have to do a text amendment to the-zoning code. A list of permitted and conditional businesses was distributed. The City Planner heard today that the school district has been talking to the owners of the Pettis building regarding using it for special education classes. The school has done some initial drafting of construction plans for the finishing-off of HRA Minutes May 9,2005 Page 3 . that space. Staffhas informed the school that use is not permitted or conditional. Staff did not know if the school was prepared to abandon those plans or if they will ask the HRA, Planning Commission and Council to change the code to allow those types of businesses. Staff received a call from Mr. Jeff Pettis asking if this would be allowed. Chair Arey stated he would not consider this type of use. Maybe the fitness center, but he does not like it and the same with the karate class. The special education definitely does not belong there. Councilmember Fogarty stated she would like to see the fitness center and the karate class across the highway in the Spruce Street area. Staff noted Mr. Allendorfwill construct a building when he has one 50% leased. Staff felt it was human nature for people to have trouble envisioning a business when there is nothing there. That is why they go for existing buildings. Member Starkman felt it was important to keep the industrial park within the permitted and conditional uses. . Staff stated we are lucky there are some structures about to be built. If the school is willing to work with the City on alternate sites for their special education classes, there is a new commercial building going in on the east side ofHwy 3, just south of CSAH 66. There will be a Round Bank on the corner and south of that will be a retail center. That would be an appropriate place for classes or a fitness center. There is also Mr. Wartman's building in City Center. Staff suggested directing those businesses to these areas and wait for more industrial businesses for the Vinge building. Chair Arey noted there is a school for the deaf in South St. Paul in an industrial park. Councilmember Fogarty stated she did not want to be the parent of a child learning in an industrial park. Chair Arey agreed. Staff noted whenever you have kids in an industrial park you have the prospect they will be in the parking lot and a truck will be backing up so there are safety issues. Parents are not used to the type of traffic you see in an industrial park. There are fork lifts on the road and semi's parked along the side, etc. We have an opportunity to avoid some of these conflicts by not being too liberal. Staffwill convey to the school district and Mr. Vinge that the consensus of the HRA was that Mr. Vinge should focus his attention on industrial uses for the time being and the school should look for a less industrial location for it's special education classes. b. Downtown Area - McVicker Lot Staff has started work on identifying the costs the City and the HRA had with regard to the acquisition ofthe lot so we know what to do with the money. Staff has not talked with the County to determine how much time the state will need to do their work. At some point they need to prepare a deed to the HRA that would be recorded that would have the less restrictive language. Once that has been recorded and the HRA owns the property again, we can move forward to set up a closing date with Four Star Land Development. . EXIt-{ glt b Planning Commission Minutes May 10, 2005 Page 17 . people into downtown. Commissioner Barker also agreed. Commissioner Johnson asked for some examples of where signs are being placed now. The third issue is garage sale signs. They are allowed by code, but cannot be placed in the right-of-way and there are size limitations. Staff wanted to know if the Commission was satisfied with the current size of2 sq. ft. Commissioner Larson asked what the ordinance is for a home business. Staff replied the same size. Commissioners suggested the same size as a small election sign, which they thought was 18" x 24". Chair Rotty agreed 2 sq. ft. is small. This could be placed on the May 24 agenda. Chair Rotty asked how it is being enforced now. Community Development Director Carroll replied when people come to a Council meeting and ask for permission to put up a sign three times the size authorized by the code, if the Council does not change the code or authorize the use of the signs, and if they are displayed, staffhas an obligation to pick them up. When it is such a departure from the code, that is when staff enforces it. Staff does not have the time to enforce each size. Commissioner Larson suggested placing a notice in the next newsletter. Commissioner Johnson stated the size is an issue, but we also do not want them in the right-of-way. Chair Rotty noted garage sale signs are placed where traffic will see them. . The last sign issue, staff has had instances of commercial businesses creating signs the size of campaign signs and putting them in the right-of-way or along public roads. They are just pure commercial advertising. Currently this is prohibited by the code. One business owner said this is good visibility and needs to let people know where the business is. If staff allows this for one, it has to be allowed for all. There is no category to allow this. Staff asked ifthe Commission wanted to consider creating a category for signage along public roads for commercial businesses or should they be prohibited. Commissioner Larson suggested making them have A-frame signs. Commissioner Barker felt they were opening a can of worms and there would be one business after another. Commissioner Larson does not want to tell a business in town that is trying to prosper that they cannot promote themselves. The original concept for the A- frame sign was that it would be placed on the sidewalk in front ofthe business. Now that we are discussing A-frame signs off premises it would be directional with an arrow pointing to the business. The commercial signs are less directional and more promotional. There are businesses on Hwy 50 in Castle Rock that place signs on Pilot Knob Road and Hwy 3. That is the distinction. It is purely promotional, not directional. Chair Rotty would not agree with promotional signs. Staff could place this on an agenda for a future Council workshop. #d) Text Amendment - Classrooms in the Industrial Park Within the last couple days staffhas received two requests from businesses that wanted to go into the Industrial Park that are non-industrial in nature. Vinge Tile and Stone has a building under construction in the Industrial Park. A leasing sign has been placed on the building. He received one call from someone that wanted 6,000 sq. ft. for an exercise facility. He also received a call from a martial arts . Planning Commission Minutes May 10, 2005 Page 18 . academy. Neither ofthose are uses authorized under the IP zoning district. At a prior meeting there was another building in the Industrial Park that was a potential site for a church. The consensus was that since this is not a permitted or conditional use, it should not be allowed as a rental in the building. Yesterday staffleamed that ISD 192 was looking at the possibility of putting classrooms into a building in the industrial park. The building suggested was the new one to the north ofthe Controlled Air building, owned by the Pettis family. Staff has indicated to the school that it is not a permitted or conditional use in the Industrial Park. It is not just a zoning matter. During the discussions regarding the daycare, it was brought out that when the park was created in 1996 there was a set of restrictive covenants. This was before there were provisions in the code. The covenants specified what types of businesses can and cannot be in the industrial park. That list does not include educational facilities. To put classrooms in there would be in violation of the covenants and in violation of the zoning code. Even if the code were changed, changing the covenants would require the approval of the other business owners. They built their businesses based on the covenants. Staff asked the HRA for their thoughts at the meeting last night. They indicated they did not see this use as being appropriate. They were not interested in the exercise business or the classrooms in the industrial park. The HRA directed staff to talk with Vinge Tile and Stone and if they want to keep the leasing sign out, they should wait to see if someone with an industrial use comes forward. As far as the school, they would be transported by bus and there would be no recreation outside. The HRA was concerned about the code and the covenants and opening the door wide to non-industrial uses when there will be other opportunities for rental space in town in the near future. . The Special Education Director for ISD 192, stated when they spoke with Cerron Industries and asked if the property could be zoned for the school, they indicated it probably could be. They have been looking for an appropriate space. They need an off-site location for students with emotional behavioral disabilities that do not function well in a typical school building. They are currently renting a space through the New Heights Christian Church, but the space is not adequate. There would not be more than 20 students in the first year. They need a space by September 1, 2005. Commissioner Larson asked if the school had talked with New Heights about remodeling their classrooms. The Special Education Director replied it is their classrooms for their Sunday school, so they do not need to match the layout the school needs. Commissioner Johnson stated he will not vote to put any classrooms in the Industrial Park. He allowed the daycare because there were businesses there that would utilize that. He would not vote in favor of any type of school in the Industrial Park. Commissioner Barker agreed. He understood the need, but the Industrial Park is the wrong location. Commissioner Larson also agreed. . Community Development Director Carroll suggested there are three locations in commercial zones. If they look at a B-1 or B-2 zone, currently this type of Planning Commission Minutes May 10, 2005 Page 19 . educational use is not allowed. Mr. Wartman has a building under construction in City Center, just to the right ofPellicci Hardware. The City will be leasing half of the main floor for a liquor store. There will be rental space to the north of the building and also the upper level. Staff has heard the owner of the building at the corner of Third and Elm Street, intends to rehabilitate the back of the building for retail uses facing Third Street. Staffwas not aware of the timetable or the size of the area. The zoning would need to be changed. The third option is a building in Tamarack. Some communities try to incorporate educational opportunities into a business environment. Staff will look at that ifthe Commission feels it is better than an industrial park setting. The school needs about 3,000 sq. ft. Commissioner Johnson stated his concern would be for the business owners. He did not know what affect this would have on the businesses. The school replied the Idea School is just behind the library and this is the same type of school. They have been there for 10 years and there is not a big issue. These are middle to high school age kids. They do have some issues, but it is not taken out on the buildings around them. The building in City Center would be an ideal location because it is centered downtown so they can access the library and they can walk to things they need to do. . Commissioner Larson asked about the condition of the upstairs of the Exchange Bank Building. Staff replied it is unfinished. The school was looking for a space where they could get in by September 1,2005 and have 3,000 sq. ft. Commissioner Larson asked if the liquor store close by would bother them. The school replied no, it is a business just like anything else. Chair Rotty stated the timing is unfortunate. There are a lot of obstacles with the Industrial Park. Past experience says businesses in the Industrial Park do not like non-industrial businesses out there. Chair Rotty felt they were at the point to asking is there another location and would it work. He suggested the school work with staff to obtain an appropriate location. There are too many hurdles to recommend this to the Council. Staff will provide the school with names and phone numbers of options. 5. Adjourn MOTION by Johnson, second by Barker to adjourn. APIF, MOTION CARRIED. Respectfully submitted, ~ ~ /.1./:/ ~ /Y7~-cJ ;thia Muller Executive Assistant Approved . . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463.2591 www.ci.farmington.mn.us March 16, 2006 Larry Comoy Any Time Fitness Club 20190 Heritage Drive Lakeville, MN 55044 RE: Proposed Zoning Amendment - 21205 Eaton Avenue, Farmington, MN Dear Mr. Comoy: This letter is in response to your emailed request to have the Fannington Planning Commission review a text amendment to allow an exercise facility in the IP (Industrial Park) zoning district, more specifically, within the Vinge Tile building. As you mayor may not be aware, an exercise facility is neither a permitted or conditional use in the IP zoning district. A text amendment would be necessary for such a use to be located at the address listed above. If you wish to proceed with a text amendment, City staff would need to obtain a written request indicating what type of text amendment you are requesting. Staff did not include your previous request on the March 14th Planning Commission agenda as a text amendment request was not submitted two weeks in advance of the scheduled meeting. A text amendment request needs to be submitted two weeks in advance of the meeting as a public hearing notice must be prepared and published within the local paper at least ten days prior to the meeting. The next scheduled Planning Commission meeting is April 11, 2006, therefore, the written request would have to be submitted no later than 4:30 pm on March 27, 2006. If you decide to proceed with this request, City staff will recommend against the text amendment you will more than likely be seeking. Both the Planning Commission and the City's HRA have previously discussed the possibility of allowing an exercise facility in the IP zoning district. I have attached copies of the minutes from the HRA meeting on May 9,2005, and the Planning Commission meeting on May 10, 2005 on which this topic was discussed. The indication that staff received from both the HRA and Planning Commission at these meetings (please see attached minutes) is that an exercise facility should not be allowed in IP zoning district. If you have any questions regarding the information provided within this letter, please do not hesitate to contact me at (651) 463-1822. Sincerely, ~ -. I UJ. Q Ton~PPler~ ~ta~ City Planner Cc: Kevin Carroll, Community Development Director Lee Smick, City Planner Enclosures . . . TO: FROM: SUBJECT: DATE: INTRODUCTION City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us V-X/V Planning Commission Tony Wippler, Assistant City Planner 1) Conditional Use Permit allowing the construction ofa public building in an RD zoning district 2) Variance to reduce the required off-street parking for a public building April 11, 2006 The City of Farmington has requested approval of a Conditional Use Permit to construct an approximately 3,963 square feet public building (storage building) and a Police Department impound lot in the RD zoning district. In addition, a variance has also been requested to reduce the amount of off-street parking that is required for public buildings. The proposed facilities are to be located on the lot located at 710 1st Street, Farmington, MN. Planninl! Division Review Applicant: Attachments: Location of Property: City of Farmington 325 Oak Street Farmington, MN 55024 1. Preliminary Site Plan 2. RD Permitted and Conditional Uses 3. CUP and Variance applications 710 1st Street Surrounding Land Uses: Single-family residential to the north, east, and south with school district and FAA property adjacent to the west. Existing Zoning: Comprehensive Plan: Current Land Use: RD (Downtown Residential) Public/Semi Public There is an existing well house located in the southeast portion of the site. There is also an existing 4,800 square foot City . . . owned storage building, which will be torn down as part of this project. The well house will remain. Proposed Land Use: Public building (tempered and cold storage) and impound lot. DISCUSSION ConduwnalUsePermu According to the City Code, public buildings are conditionally allowed in the Downtown Residential zoning district. The Code provides the following criteria that must be met in order for the Planning Commission to approve a Conditional Use Permit: 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 applicable performance standards. 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. Proposed City Storage Building The City of Farmington is proposing the construction of an approximately 4,000 square foot storage building on this site. An existing storage building is located on site and will be tom down with the construction of the new facility. Approximately 3,152 square feet of the proposed building will be utilized as tempered storage for various City equipment/vehicles. The remaining 810 square feet will be utilized as work space and cold storage. The design of the proposed building as well as the overall construction plans for the site have not yet been finalized. These will be presented to the Planning Commission within the next few months at the site plan review stage. Lot coverage will not be an issue with this proposal. The lot coverage upon construction of the proposed building will be approximately 12%. The RD zoning district allows properties to be covered with structures up to 35%. . . . Proposed Impound Lot The preliminary site plan shows a Police Department impound lot placed where the existing storage building is currently located on the northern portion of the site. The preliminary site plan shows the installation of a six (6) foot tall chain link fence to secure the lot. Slats will have to be installed within the fence to provide additional screening. It should be noted that the impound lot must maintain a five (5) foot setback from all property lines. The impound lot will have to be paved per City code. Section 10-6-4 (Off-Street Parking) requires that all vehicles parked in residential areas be parked on hard surface driveways or parking aprons. In addition, all parking areas shall maintain a five foot (5') setback from side and rear lot lines. The site plan will have to be modified to reflect the above-mentioned requirements. Setbacks Section 10-5-12 of the City Codes reqUIres that all buildings maintain the following setback requirements: . Front yard setback: 20 feet . Side yard setback: 5 feet . Rear Yard setback: 6 feet The setbacks for the proposed storage building will be a minimum of ten (10) feet from the rear and side yards of the property. As previously mentioned in this memo, there is an existing well house located on this site. A fifty (50) foot radius must be maintained around the well casing to allow complete access to the well. The proposed building will not be located within that fifty foot radius. All other setbacks meet or exceed the minimum requirements mentioned above. Parking Section 10-6-4 of the City Code provides parking requirements for public buildings (1 per employee plus 1 per 200 square feet of building). No City employees will be working directly out of this location. The proposed storage building is to be approximately 3,963 square feet in size. This would require that the City provide 20 off-street parking stalls. As shown on the preliminary site plan, attached as Exhibit A, there are 5 off-street parking stalls provided for the proposed building. A variance is required to reduce the amount of off-street parking as shown on the attached preliminary site plan. The variance will be discussed later within this memorandum. Landscaping/Screening Section 10-6-9 of the City Code stipulates that screening consisting of a fence, wall, landscaping or earth berm shall be required in residential districts where: 1. Any off-street parking lot contains more than six (6) parking spaces; 2. Any material and equipment is stored other than recreational equipment, construction . . . A 100% opaque screen is not required in this instance because the property is residentially zoned. There is an existing six (6) foot tall chain link fence that surrounds a majority of the property (the entire lot except the northern part of the lot containing the existing storage building). However, staff is suggesting that the existing six (6) foot tall fencing have slats installed to provide additional screenmg. Variance As previously discussed, the City Code requires that one off-street parking space be provided for each employee on site plus one per 200 square feet of building. It is important to note that City employees will not work directly out of this location. The proposed storage building is to be approximately 3,963 square feet in size. This would require that the City provide 20 off-street parking stalls. The Preliminary site plan that is attached shows 5 parking stalls to be located on the northern side of the proposed building, therefore requiring a variance. The Planning Commission must determine whether the reasons provided by the applicant warrant approval of the variance. The City Code provides the following criteria that must be met for a variance to be approved: 1. Because the particular physical surroundings, or shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the regulations of this Title would cause undue hardship. Economic consideration alone shall not constitute an undue hardship if reasonable use for the property exists under the terms ofthis Title. Due to the shape of the property as well as the location of a well house on site the developable area of the site is somewhat limited. Therefore, strict adherence to the code would cause an undue hardship. In addition, City employees will not work directly out of this location. 2. The conditions upon which a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other properties within the same zoning classification. Due to the shape of the property as well as the location of a well house on site the developable area of the site is somewhat limited. Therefore, the property is unique. 3. The alleged difficulty or hardship is caused by this Title and has not been created by any persons presently having an interest in the parcel ofland. The alleged hardship was not created by the applicant 4. The granting ofthe variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. . . . The property has been historically utilized in a manner that is very similar (public use) to what is being proposed. Therefore, staff does not believe that approval of a variance would cause any of the adverse effects mentioned above. 5. The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. The variance would not create any of the above-mentioned effects. 6. The requested variance is the minimum action required to eliminate the hardship. The reduction of the parking standards by 15 spaces from the required 20 off-street parking spaces is the minimum action required to eliminate the hardship. ACTION REQUESTED Approve the Conditional Use Permit and Variance from the required parking standards subject to the following contingencies: 1. The installation of slats within all fencing surrounding the property. 2. The impound lot be paved per City Code 3. The submission of a Landscape Plan that is acceptable to the Planning Division. Respectfully submitted, -r c, TO~iP~~nt City Planner Cc: Randy Distad, Parks and Recreation Director Dan Siebenaler, Police Chief . . . 1, .....;-- ~. , T '-t:..~ ~~o>:G .... - PUBLIC FACILITIES STUDY -. . r .D~ ..:f\....., ..4.:.".... " -- .~ ,.',. .. g;;;;y _...:.:, lti....O ; ,-:r .;[..~~:~. .~:!Jt. r::.qr~ ~jtJ. .. . n:::t'., rr-:r -!~ "~:' .:.. },. \3 (, "'1 ""_"'o(S;Mo ~ City of Farmington -'1--. ""..' .'~' .~,.:: ., j , tF ~~ '1 /., ~ "1.1 ~~' ~.' ..i_~ ., c.: GATE 60' I ~!; ~~ I .... ,.:~_ I I Y;---:/1 V " ::-1 .'',.; V . /-1 ,~t::" V /1 "".';~ IlMPor~...,.d ::'.;'r~ r-/tm?: :;'::if V . /j <,'.~);1 V /1 '?:~~ ~ ~ l I ~GATE , ':1 200 SF COLD STaR. 800 SF I MEZZ. tl200 SF b F....=y ..+ ..;..:................... '" ...................... . ',',' . . . ,- ::: .:=-~~~ - ,- - -.:.. .,.__ .... :/" 0." , ~ :s ---!I"~OB R \ " R 0::. \ PI L:5~: W:m'WBR " (" iDasnN I :J r -, ir"A..I \VBLL , II~ / I :1 L~30' \ / .J ",'." -- - ........ ....- --.... --- . ~~~. .. ~>::.....""""'.......--.--._....... 180' . .' . -- - ~ DOWNTOWN GARAGE: TEMPERED STORAGE- COLD STORAGE- BUILDING TOTAL: SITE AREA: 3,152 SF 810 SF 3,963 SF 33,017 SF (0.76 ACRES) Page 19 WOLD ARCHITECTS AND ENGINEERS Extn{7tT A ., I t .1 ~ :t . I 10-5-12: R-D DOWNTOWN RESIDENTIAL DISTRICT: Page lof3 10-5-12: R-D DOWNTOWN RESIDENTIAL DISTRICT: . (A) Purpose: The R-D downtown residential district recognizes the development patterns of the original residential areas of Farmington adjacent to the downtown. The purpose of the R-D district is to accommodate existing higher density single-family and two-family residential development and promote infill of high density single-family residential development within the downtown area in order to strengthen the downtown, create pedestrian friendly neighborhoods, and decrease the need for automobile use. (Ord. 002-469, 2-19-2002) (B)Bulk And Density Standards: 1. Minimum Standards: Lot area Minimum 6,000 square feet Maximum 14,400 square feet Single-family 6,000 square feet Two-family 11,000 square feet . Other 11,000 square feet Lot width Single-family 60 feet Two-family 75 feet Front yard setback 20 feet Side yard setback 5 feet Rear yard setback 6 feet Height (maximum) 35 feet Maximum lot coverage of all structures 35 percent All standards are minimum requirements unless noted. 2. Accessory Structure Standards: Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: . Maximum size Detached garages Lesser of 1,000 square feet or http://66.113.195.234/MN/Farmington/13005000000012000.htm 4/5/2006 10-5-12: R-D DOWNTOWN RESIDENTIAL DISTRICT: Page 2of3 square feet of principal use . Storage 120 square feet Apartment 1,800 square feet Maximum number 1 of each Side yard setback 3 feet Rear yard setback With alley 10 feet Without alley 3 feet Height (maximum) shed 12 feet Height (maximum) garage 20 feet All standards are minimum requirements unless noted. (Ord. 002-469, 2-19-2002; amd. Ord. 004-515, 8-2-2004) (C) Uses: . 1. Permitted: Daycare facilities, in home. Dwellings, single-family. Group daycare, 12 or less persons. Group home, 6 or less persons. Public parks and playgrounds. 2. Conditional: Bed and breakfast. Churches. Clinics. Clubs. . Dwellings, multi-family. http://66.113.195.234/MN/Farmingtonl13005000000012000.htm 4/5/2006 10-5-12: R-D DOWNTOWN RESIDENTIAL DISTRICT: Page 3 of3 Dwellings, townhouse. . Dwellings, twin home. Dwellings, two-family. Group daycare, 13 to 16 persons. Offices. Public buildings. Public utility buildings. 3. Accessory: Accessory structures. Home occupations. Solar energy systems. (Ord. 002-469, 2-19-2002; amd. Ord. 002-483, 12-2-2002) . . http://66.113.195.234/MN/Farmington/13005000000012000.htm 4/5/2006 10-6-9: SCREENING: Page 1 of 1 10-6-9: SCREENING: . The screening required in this section shall consist of a fence, wall, landscaping or earth berm and shall not encroach into public right of way. Natural features such as differences in elevation and tree masses may negate the need for manmade screening in certain areas: (A)Screening In Residential Districts: Screening shall be required in residential districts where: 1. Any off street parking lot contains more than six (6) parking spaces. 2. Any material and equipment is stored other than recreational equipment, construction material currently being used on the premises. (B)Screening In Business And Industrial Districts: A one hundred percent (100%) opaque screen consisting of: 1) a six feet (6') to eight feet (8') wooden opaque fence and landscaping, 2) landscaping and berms, or 3) a combination of both shall be required in business and industrial districts where: 1. Any structure, parking or storage is adjacent to and within one hundred feet (100') of property zoned for residential use. 2. Any side or rear yard of a business or industry that is across the street from a residential zone. . 3. Any material and equipment stored outside except in display yards or for those being used for construction on the premises. (C)Screening Of Stored Waste Material: Screening shall be required in all districts where waste material is stored other than in an enclosed building. (Ord. 002-469, 2-19-2002) (D)Screening Of Roof Mounted Equipment: All new construction in the R-1 (nonresidential uses only), R-2 (nonresidential uses only), R-3 (nonresidential uses only), R-4, R-5, B, 1-1, IP, sse, business/commercial flex, and mixed use zoning districts shall require rooftop equipment to be centrally located, except in cases where the property owner can show that this is not feasible, in which case the most unobtrusive feasible rooftop location shall be used. Screening shall consist of either a parapet wall along the roof edge or an opaque screen constructed of the same material as the building's primary vertical exposed exterior finish. Equipment shall be painted a neutral color. The site plan shall indicate all mechanical rooftop equipment and shall include elevations. (Ord. 005-545, 10-17-2005) . http://66.113.195.234/MN/Farmington/I3006000000009000.htm 4/5/2006 . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: PI . C . .J~U anmng ommlSSlOn \' FROM: Tony Wippler, Assistant City Planner SUBJECT: 1) Comprehensive Plan Amendment from Industrial to Commercial and Rezoning from IP to B-1 for the property located at 5119 21th Street, Farmington, MN (former Duo Plastics Building) 2) Text amendment in B-1 zone under Conditional Use - Trucking Terminal 3) Text amendment in the IP and B-1 zones under Conditional Use - Auto-repair, major DATE: April 11, 2006 INTRODUCTION / DISCUSSION City staff initiated the three amendments that are identified above. Staff has been in conversations with Marschall Bus Lines, a tenant within the former Duo Plastics Building located at 5119 2l2th Street, about the possibility of locating a commercial spray booth within a portion of the aforementioned building. All three of the above-mentioned amendments would be necessary if the spray booth were to be installed at this location. However, staff has been informed by a representative of Marschall Bus Lines that these amendments may be premature because a final location for the proposed spray booth has not yet been identified. Because of this, the public hearings that have been set for April 11, 2006 for the three amendments identified above should be continued until Marschall Bus Lines has identified a final location for the spray booth. If it is determined at a later date by Marschall Bus Lines that the location within the former Duo Plastics building is not the appropriate location for the spray booth, the three amendments can then be withdrawn. STAFF RECOMMENDATION Continue the public hearing for the three above-mentioned public hearings to the next scheduled Planning Commission meeting. Respectfully submitted, -:-- C"'. I~~, Tony Wippler, Assistant City Planner Cc: Tom Severson, Marschall Bus Lines . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Planning Commission {<!. f v FROM: Lee Smick, AICP City Planner SUBJECT: J.I.T. Powder Coating Site Plan DATE: April 11, 2006 INTRODUCTION Tim Milner, owner of J.I.T. Powder Coating is proposing to construct a 14,885 square foot expansion to his existing building at 21020 Eaton Avenue in the Farmington Industrial Park. The new addition will be constructed on the north end of the existing building and is located at the southeast intersection of Eaton Avenue and 208th Street (Exhibit A). DISCUSSION The proposed addition currently straddles two lots in the Industrial Park (North Lot - Lot 1 Block 2 Farmington Industrial Park 2nd Addition, South Lot - Lot 1 Block 1 Farmington Industrial Park). Mr. Milner will apply for a lot combination at Dakota County upon approval of the site plan. A building permit will not be issued until the lots are combined. Site Plan Review According to the City Code, site plan review and approval by the Planning Commission is required for all commercial development. The Commission reviews general site design, including setbacks, access, parking, landscaping, and other potential impacts to surrounding properties. Mr. Milner proposes to expand his current office/warehouse facility into the new addition. The use is permitted within the IP zoning district. Both lots together comprise a total of 183,803 s.f. or 4.22 acres. A maximum building coverage in the IP zone is 35%. The owner proposes a building coverage for both the existing and proposed building of 25%, meeting the requirements of the code. The maximum surface coverage for the IP zone is 65%, and the owner proposes 45%, also meeting the code requirements. The proposed building meets all setback requirements within the IP zone. The City Code requires 37 parking stalls for the office/warehouse use. The owner is proposing a total of 49 parking spaces, meeting the requirement. A total of 3 handicap parking spaces are proposed at the existing office area on the south side ofthe existing building. . The owner proposes the construction of 4 loading docks on the west side of the building facing Eaton A venue, adding to the 4 dock doors on the existing building. An additional overhead door will be located at the northeast corner of the new building. A trash enclosure will also be located on the north side of the building. The plans currently show an S-foot tall chain link fence surrounding the trash enclosure, however, under the Farmington Industrial Park Design Standards, trash enclosures shall be screened by a six foot (6') masonry wall on three (3) sides of the trash unit. This will be a requirement of site plan approval. The Industrial Park Design Standards in Section 10-6-20 (D)1 require all parking areas, driveways and loading areas to be surfaced with asphalt or concrete pavement following the city's engineering standard plates. The JIT site plan needs to show additional surfacing for the driveway and loading areas of the trash enclosure and the overhead door at the northeast corner of the new building. City staff has prepared an illustration of the additional asphalt required to be shown on the site plan to meet Code requirements. Staff prepared the illustration utilizing the turning movements for an intermediate semi-trailer (WB-15). The site plan should reflect the attached illustration as a contingency of site plan approval. Mr. Milner should contact the City before April 11, 2006 to inform staff that he is in agreement with the paving requirements. . The owner proposes the construction of 6-foot tall berms with landscaping on the west, north and east sides of the north lot to screen the new storage area (Exhibit C). This meets the requirements of the Design Standards and also continues the berm on the south side of 20Sth Street on the Valmont Lexington and P.I.C. properties. The landscaping proposed on the plan consists of Patmore Ash, Swamp White Oak, and Colorado and Black Hills Spruce. Upon approval ofthe site plan by the Planning Commission and Engineering Division, the owner will be allowed to begin construction of the storage area in order to relocate the trucks currently located on 20Sth Street to the owner's new storage area. There have been safety issues concerning the trucks parked on 20Sth Street, and the Police Chief is requiring that the trucks be relocated to the new storage area as soon as possible. The construction may occur before the lot combination is approved and recorded by Dakota County. Elevations The proposed building will be constructed to match the existing building through the use of precast insulated wall panels (Exhibit D). The panels are rough textured and white in color, with two bands of red surrounding the building near the roof line. The Design Standards require that any proposed roof-mounted equipment be screened from view through the use of a parapet wall or an opaque screen. Transportation . The owner is showing one access from Eaton Avenue to the new storage area on the north lot. Access to 20Sth Street is not allowed. The access from Eaton will also provide an entrance for the new parking stalls located on the west side of the storage area. Additional asphalt will be required within the storage area, as stated above, in order to provide adequate space for the turning radius of trucks on the asphalt. The remainder of the storage area will be installed with Class 5 gravel. . . . Engineering The Engineering Division has reviewed the grading and utilities proposed for the site and has recommended approval ofthe site plan subject to any engineering comments or requirements. ACTION REQUESTED City staff recommends approval of the JIT Powder Coating Co. Site Plan contingent upon the following: 1. The approval of a lot combination by Dakota County (North Lot - Lot 1 Block 2 Farmington Industrial Park 2nd Addition, South Lot - Lot 1 Block 1 Farmington Industrial Park). 2. The construction of 6- foot tall masonry walls on three sides of the trash enclosure. 3. Additional asphalt or concrete paving as shown on Exhibit B. 4. 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X ~~! llJ [ -----1-----1 @ z ~ _________J SH 1-: 0" ~ ~ tiH ~ ~~ti ~ =~ ~~~ ~ ~~~ ~ "...." no-,to' = ~id "W..'IiillIa&>I..l- < )... j ~j ~~~ ~ ..~~~~i ~~<; ~ ~i ~F ~ ~~i~i~ ~~~ ~ "~ )-~i ~ hih~~ ~~ ~_n ~ > ~.~ ~ llJ ~~H .. .. .. ~ ~ mm. ~ 0 x i~H llJ S r--------. L ~ ~~~ ~ P F In ~ !z ~i~ r------..o a ~ OJ ~~~ ~ a ~h ~ ~v~ I Ii ~h! ~ I-b OJ i ~ llJ~ ~~~ ~ ::::! :. OJ ~I" ~ 8~ ~ ~ ~ is. w "~ OJ 00 ~U ~ ~~ S~li@ ~ .,: ~~~ ~ > ~~ Ld llJ ~~ > ---1 II llJ " Jt llJ d " ---1 I- " llJ llJ " ~ " a~i ~~~~ llJ ---1 ~ II .. ~~ ' a ~ " D ~~ e-- " ~;n I-~ ~ ~ ~ ~~ ~I llJ .~ ~ ~ ~~ n !~ lL;;' D~ @ I,:~ " w~ ~~ \jd q- II~ ,IF - ~~~~l( .~ " I~ ~~ @ ... D~ I~ ~! ~i~ ~~ ~m L~ .~ "~ 0 ~~ ~~ ~~ i~ ~ :II j~ i~ " ~ ~ -\1 " " :: @ " :'i ~ Ii q! t ~ :: ~~ ~ II ;;.c ~ @--- " ~~ ~~ l\ ii ~~ Q I~~ i ! ~ " { " ~ "i~ ~ _ ..... III ~t ~ . ~ II "j ~ -,,' ; z 0-- ~ a ~ I- > ~ ~ ~ <( ill ~~ ---1 ~ ~i > llJ ,~ ~ ill " ~~ H ---1 > ~ llJ <( @-----! 1-" ---1~ llJ~ ---1'" llJ: -~ D" a~ \j)~ I-~ ~~ Q~ Z Z a z ! a I- a jh~ 1= <( I- <( > GJ <( ~ ~~ z " > IlJ > ~~ h <( .u ~ llJ ~ ---1 llJ ---1 ---1 llJ -! ~ni D.. llJ2 ~ I2 llJ2 1-" I- :' 1-" 1-: llJ~ ~ ~~ ;: Ii~ \f)~ ::::!; " ~~ ~~ <(~ ~~ " -~ ~~ "~ ~!l e~ @ .~ . . . . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: ),)C/ PI . C .. '? \ annmg ommlSSlon FROM: Tony Wippler, Assistant City Planner SUBJECT: Findings of Fact for Conditional Use Permit Approval- POR-MKR Real Estate, LLC DATE: April 11, 2006 INTRODUCTION Patrick Regan ofPOR-MKR Real Estate, LLC applied for a Conditional Use Permit for the purpose of utilizing the property located at 21054 Chippendale Court as a supply yard. The Planning Commission held a public hearing on March 14, 2006 and unanimously approved the Conditional Use Permit. DISCUSSION After action was taken on the Conditional Use Permit, the Planning Commission directed staff to work with the City Attorney to prepare Findings of Fact, which outline the basis for the approval. The Findings of Facts are attached to this memorandum. ACTION REQUESTED Adopt the Findings of Fact. Respectfully submitted, -r~w~ Tony Wippler, Assistant City Planner Cc: Patrick Regan . . . CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA IN RE: Application of Patrick Regan (POR-MKR Real Estate, LLC) For a Conditional Use Permit for a Supply Yard at the property located at 21054 Chippendale Court FINDINGS OF FACT AND DECISION On March 14, 2006, the Farmington Planning Commission met to consider the application of Patrick Regan/POR-MKR Real Estate, LLC for a Conditional Use Permit to use the property located at 21054 Chippendale Court as a Supply Yard. 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 21054 Chippendale Court and is guided Commercial by the Comprehensive Plan and zoned B-1 (Highway Business). 2. 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." 3. 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. 4. 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. 61335 1 . . . 61335 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 ofthis title and shall be consistent with the comprehensive plan. 5. The surrounding land uses include the American Legion and Hometown Addition located to the north, single-family residences located to the west, Dakota Storage located to the south, and the Prairie Waterway to the east. 6. Until the summer of 2005, the property was the base of operations for Marschall Bus Lines. Marschall Bus Lines has since moved to the Farmington Industrial Park. There are three buildings on site with access to Highway 3 via Chippendale Court. The staff memo to the Planning Commission, dated March 14, 2006, includes a more extensive, detailed history of the property's use and its recent annexation and zoning, as well as the existing fencing, screening and landscaping present on the property. 7. The applicant proposes to use the property for the storage and distribution of mobile storage units, mobile offices, and trailers from the property to other locations, and to perform repair and maintenance on the aforementioned items. The business would be operated out of two of the three existing buildings. Use of the third building is unspecified at this time. 8. Performance standards for the proposed use that are present in the Code include setbacks from abutting residential uses, exterior lighting, screening and fencing, all of which are identified and discussed in more detail in the March 14th memo referenced above in paragraph 6. 9. At the hearing, testimony and discussion addressed the unique circumstances of this property, its previous use, the recent development of abutting properties, its annexation and zoning, the existing fencing, screening and landscaping, and the nature and intensity of the proposed use. 10. While the performance standards in the Code may specify a greater setback and fencing that is both higher and of different materials, the nature of the proposed use can be accommodated consistent with the criteria specified in ~1O-3-5 ( C ) by supplementing the existing fence with additional landscaping/plantings and restrictions on stacking of the storage units. 2 . . . DECISION Based on the record and foregoing Findings of Fact, Applicant's request for a Conditional Use Permit is granted, subject to the following conditions, for a supply yard in a B-1 Zoning District contingent upon the following: 1. Setbacks: Storage units to be placed no closer than 10-feet (minimum) from the north property line, and 10- feet from other property lines. 2. Exterior lighting: Applicant shall ensure that all interior lighting on site shall be arranged and designed so as to not direct any illumination upon or into any contiguous residential districts. In addition, no exterior lighting shall be arranged and designed so as to create direct viewing angles ofthe illumination source by pedestrian or vehicular traffic in the public right-of-way. 3. ScreeninglFencing: Applicant shall maintain the existing fencing around the property and shall provide for and maintain additional plantings and landscaping along the north boundary ofthe property consistent with a site plan to be approved by staff and incorporated by reference in the conditional use permit. 4. Stacking: Applicant shall not stack the storage units (greater than 2 high or 16 feet, whichever is lower). Consistent with ~ 10-3-5 (E), prior to the approval and issuance of a permit, there shall be executed by the applicant and submitted to the zoning officer a site plan showing the required improvements and an agreement to construct the required improvements and to comply with the conditions established by the board of adjustment. Such agreement shall be accompanied by surety acceptable to the city administrator in the amount ofthe established costs of complying with the agreement. The aforesaid agreement and surety shall be provided to guarantee completion and compliance with the conditions set forth in the permit within the time to be approved by the board of adjustment. The amount of the surety may be increased or decreased by the zoning officer to reflect inflation, changed conditions, or compliance with permit conditions. CITY OF FARMINGTON BY: Dirk Rotty, Chair of Planning Commission ATTEST: Kevin P. Carroll, Community Development Director Its Zoning Officer 61335 3 . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: .~~c/ Planning Commission \ FROM: Lee Smick, AICP City Planner SUBJECT: Discussion of the Building Height Definition and Increase of Maximum Building Height in the R-3 Zoning District DATE: April 11, 2006 INTRODUCTION Staff would like to discuss the merits of revising the current building height definition and the possibility of increasing the maximum height of a building in the R-3 Zoning District from 35 feet to 45 feet. . DISCUSSION Building Height Definition During the building permit review of the "Legacy" product (slab-on-grade, 3-story townhome) that was proposed in the Charleswood Crossings development, there were discussions between staff and Centex Homes concerning the maximum building height allowed in the R-3 Zoning District. In the R-3 Zoning District, the maximum height of a building is 35 feet. If the "Legacy" building is measured on the plans from the established grade to the highest possible point of the structure, the building height is 43.9 feet. At this height, the building would appear to be prohibited in the R-3 zone. However, upon reviewing the City Code, the definition for building height is as follows: BUILDING HEIGHT: The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs and to the average height between eaves and ridge for gable, hip and gambrel roofs. If the building height is determined as the Code states above, the "Legacy" product is at 34'-9 7/16 feet, measured from the established grade to the average height between the eaves and, in this case, the ridge of a gable roof (Exhibits A-B). Therefore, the "Legacy" product has been approved for construction and will be located directly adjacent to the west side of Pilot Knob Road in the Charleswood Crossings development. . Roof Types . In reviewing the City's current building height definition, it's important to understand the roof types addressed in the code. Exhibits C-H illustrate the variety of roof styles discussed in the definition above. Although it may be common practice in the building industry to define "building height" in a manner consistent with the City Code's definition, staff would like to propose a revision to the code that is more "straightforward" in determining building height. The proposed revision is as follows: BUILDING HEIGHT: The maximum possible distance measured adjacent to the building foundation at right angles from the natural undisturbed ground slope and natural grade to the highest possible point of a structure. The exceptions are chimneys, flues, vents or similar structures that may extend 2 feet above the specified maximum height limit. Staff feels that the language above is more "straightforward" and asks the Commission to comment on the proposed revision. R-3 Zone - Increase of Building Height Staff would also like to discuss the merits of revising the maximum building height in the R-3 zone from 35 feet to 45 feet. The only type of dwelling allowed in the R-3 zone is townhouses. The definition is as follows: . DWELLING, TOWNHOUSE: Single-family attached units in 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 eight (8) units in each structure. If a structure such as the "Legacy" by Centex Homes was proposed in the R-3 zone, the height of the slab- on-grade, 3-story building would be prohibited if the building height definition was revised as proposed above. As stated above, the "Legacy" building measured from the "foundation at right angles from the natural undisturbed ground slope and natural grade to the highest possible point of a structure" is 43.9 feet. Therefore, staff would like to propose that if the building height definition is revised so as to be measured from the natural grade to the highest possible point of the structure, that the maximum building height in the R-3 zone be revised from 35 feet to 45 feet to allow a 3-story, slab on grade townhome. ACTION REQUESTED Review and comment on the proposed revision to the building height definition and the proposed increase to the maximum height in the R-3 zone. Respectfully Submitted, rIlf::!? City Planner . . t . . .."... ........: .p.-.K e;r. A . 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BUILDER'S INFORMATION PACKAGE 2003 EX, II ~ ~ eLeVATION page 19 . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Planning Commission Ji-f C FROM: Lee Smick, AICP City Planner SUBJECT: Seed/Genstar Proposed Land Use Modification (2006 AUAR Update) DATE: April 11, 2006 INTRODUCTION On January 20, 2004, the City Council approved the Final AUAR and Mitigation Plan for the Seed/Genstar Property. Because of new information concerning land use and traffic routes within the proposed development, the City is required to update the 2004 AUAR . to address those topics. DISCUSSION The 2006 AUAR analyzes the impacts of proposed changes in land use and the roadway system developed since the adoption of the 2004 AUAR, and includes an updated Mitigation Plan. In January, 2006 the City completed the 195th Street Feasibility Study that recommended a route and design for the roadway. Since the location of 195th Street has been determined through the study, potential environmental impacts have become apparent and the need for an updated mitigation plan is required. The Study has also allowed the developer, Newland Communities, to review the existing land use plan for the Seed/Genstar Property. Because the final location intersection at 195th Street and TH 3 has now been determined, the developer would like to propose changes to the land use plan to benefit from this future prominent intersection. . Staff requests that the Planning Commission review the proposed revisions to the land use within the Seed/Genstar Property and comment on the revisions. Although the 2006 AUAR shows revisions to the 2004 AUAR land uses, a Comprehensive Plan Amendment will be required to finalize the location of the proposed 2006 AUAR land uses. Because the 2006 AUAR Update will be presented to the City Council before a Comprehensive Plan Amendment is applied for by Newland Communities, staff wanted to discuss the proposed revisions with the Planning Commission to determine potential problems (if any) with the revisions. 2004 A UAR . Figure 5-5 shows the original land use configuration within the Seed/Genstar Property that was approved in 2000 as an update to the 2020 Comprehensive Plan. As illustrated, the 25-acre commercial area was shown in the northeast portion of the property. This location was proposed because of the potential intersection of the 179th Street east/west corridor and Trunk Highway 3, as shown on early renditions of the East/West Corridor Study proposed by Dakota County. Since the approval of the land use plan in 2000, Dakota County has determined that a more northerly route for the "179th Street corridor" would alleviate the need to further mitigate the existing wetlands north of the Riverbend development. The County has abandoned the original 179th Street east/west corridor in the northeast portion of the Seed/Genstar Property. Because of the abandonment of the 179th Street corridor, Newland Communities has determined that the commercial area should be relocated to the intersection of 195th Street and TH 3. This area will be a prominent intersection for commercial, and staff feels that the relocation of the commercial area will be beneficial to the City and property owners in the area. Figure 5-5 also shows five tracts of medium density residential located within the Seed/Genstar Property. Once again, with new roadways and routes proposed within the property, Newland Communities is proposing to consolidate most of the medium density land use from the 2000 plan and locate it adjacent to the commercial area at the intersection of 195th Street and TH 3. The two additional medium density residential areas adjacent to the Riverbend development and along TH 3 will remain the same. 2006 AUAR . Figure 5-6 is the revised land use plan analyzed in the 2006 AUAR Update. A large portion of the property continues to be proposed for low-density residential land use, and the acres of each proposed land use type have remained approximately the same overall. Changes included in the updated plan are the following: . . Medium-density residential and commercial designations remain the same in size, but some areas have been shifted in location to the south, to the area along the proposed 195th Street. . New roadways, including extensions of 195th Street and Diamond Path Road, are proposed to serve this area. . The former commercial area proposed at the north end of the study area is now proposed for medium-density housing. . An area designated as "park" in the original land use plan is expected to be the location of a combined new community center and park. . The proposed commercial area is now proposed to be located along Trunk Highway 3 at the proposed intersection with 195th Street because of the accessibility potential in this area. The commercial area will include neighborhood commercial uses and will not detract from the City's downtown commercial area. . The final land use proposed for the study area is the natural open space that consists of the North Creek and its floodplain. This use is unchanged from the original AUAR. This use will assist in buffering the low and medium-density residential areas from the rail line, will preserve important natural resources and habitat connections, and will provide natural areas for walking trails and passive recreation. . The Planned Acres for each land use type have not changed since the original 2004 AUAR-only the location has shifted. The following table indicates existing land use and future planned land use by land area for the 2006 AUAR study boundary according to the Comprehensive Plan: Land Use Cate20ry Existin2 Acres Planned Acres Existing Rural Residential 56 0 Vacant or Agriculture 950 0 Low Density Residential 0 638 Medium Density Residential 0 119 Commercial 0 25 Parks/Open 0 224 space/PondslROW Total Area 1006 1006 The following residential land use designations explain the housing choices for the Seed property. . Low-Density Residential is established to provide for low-density development with full public utilities in a sequence that will prevent the occurrence of premature scattered urban development. The designation provides for a residential density range of 1.0 to 3.5 units per acre in this designation. . . Medium-Density Residential designates areas for development oftownhomes in areas with access to employment, services, public facilities, and transportation corridors and that are served with full public utilities. The designation provides for a residential density range of 5.5 to 14.0. Cumulative Development Totals - No change since Final Seed/Genstar 2004 AUAR The following table represents projected cumulative development totals for the project area. These totals are based on policies and standards as established within the City of Farmington Comprehensive Plan and Zoning Ordinance. TOTAL PROJECT ACREAGE 1,006 Acres Number of Residential Units! (3,896 total units max.) 1,666 Attached 12,230 Detached (maximum) (maximum) Maximum Units Per Building Varies Neighborhood Commercial Building Area (Retail) 24.8 acres Maximum Building Height Residential: 35' (3 stories) Commercial: 45' (4 stories) Consistency with Farmington's Comprehensive Plan . The proposed development is consistent with the Farmington 2020 Comprehensive Plan, and will help the City meet the following goals: . 1) 2) Provide for low and medium density residential development. Locate medium density residential developments near transportation access and along the rail line as these uses can serve as a buffer between low-density uses and the rail line. Preserve the natural open space as a passive recreational area and extend the City trail system into this area. Maximize preservation of the district's rolling topography and other natural amenities through new subdivision standards that require environmental conservation measures. Design a future commercial center to be pedestrian and neighborhood- oriented in scale and character. Promote only neighborhood-serving commercial uses in well-designed and pedestrian friendly commercial districts along Trunk Highway 3. No commercial strip developments will be permitted. 3) 4) 5) 6) Revisions to the 2006 AUAR Revisions to the 2006 AUAR not only include land use and roadway changes, but also will address environmental impacts because of the location of 195th Street and Diamond Path. These impacts are being updated and a revised mitigation plan is being prepared. No changes are proposed from the 2004 AUAR approval for the Sanitary Sewer, Municipal Water, or Storm Water Systems. . ACTION REQUESTED Review the proposed land use changes on Figure 5-6 and comment on the revisions. Respectfully Submitted, d!~ Lee Smick, AICP City Planner cc: Newland Communities . , , t ~. 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'>(. V.' '(. ""KX>~~,/~/ - <XX,.", '16Q<{ -!)9~;' City of Farmington PROPOSED LAND USE Farmington AUAR Figure 5-5 I .. Parcel Base Map N City Umlts N AUAR Area N Railroad land Use Classifications Business (Floating Zone) low Density Res, Medium Density Res, (Floating Zone) I""'!I Park 'iZX FEMA Flood Plain 1200 I Feet 1200 :i I L.J i .' I N W+E s r,.', I :! ~ t " u n Bonestroo -=- Ro>ene 'Ii1II Ander11k & ~\J~ Associates Engfnee" &. Ard\ttecu October 2002 k:11411141 021 73lcadlglslswmp.apr N . W*E S . ,. , , \...)~ 4~1~ \~ ~~~ \\ -~ ' ;,I,II~ i~t 9r~ Ii ~\;~: I j / I / ~ ~ ...... : ~ proposed~ II IIIII II 11111 IllA ',->, , ,~195thSt I , Proposed ' , II \ II I I f Diamond Path: ~ \ \\ - ~. ~~~:),I~I~li;y'i;" /Road \ '~) XII~ ~. ML~ II ::\ "<:~:~'~:J" \1 B: ,/ "'l;: >C , '.' I ~"" , I' ~ I J "," \,' : :l . ,'.' I I . , :/ \ " ~i\j'B / : ~.: .,"'< 1 r-- I-- ~ '(. ~,\ \= r= Proposed" " ;~'_' J~\.~ / := I- Alternatives .~. '<, : ': 3~ ~" ~ " f- ~ " ';J'. := E .: ,: ': ..:,1// ~~ 111\= <'l'~V .J ~ ..... ~ . , , , , n:=:= U~ -.- City of Farmington SeedlGenstar AUAR Update (9 Feet PROPOSED LAND USE 1200 0 1200 Figure 5-6 ~ jj ;;t t i I] ~\ \\\ ~ Land Use Classifications N Proposed Road _ Business (Floating Zone) /\/ Proposed Center1ine Low Density Res. /\I Proposed Alternatives _ Modem Density Re.. (Floating Zone) N. City Urnil. _ Pari< N AUAR Study Nea IQ2 FEMA Flood Plain N Railroad /\I Parcel Base M~ March 2006 k:\ 141 \14105264 \cadlgis\future-Iuse.ap r