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HomeMy WebLinkAbout09-14-21 CITY OF Meeting Location: FARMINGTONFarmington City Hall 430 Third Street Farmington, MN 55024 PLANNING COMMISSION REGULAR MEETING AGENDA September 14, 2021 7:00 PM 1. CALL TO ORDER 2. APPROVAL OF MINUTES (a) Approve Planning Commission Minutes 3. PUBLIC HEARINGS (a) Conditional Use Permit to Operate a Commercial Child Daycare in the B-1 Zoning District-Continued (b) Preliminary Plat and PUD - Dakota Meadows 4. DISCUSSION (a) Amending the B-2 Zoning District to allow Commercial Kennels 5. ADJOURN CITY OF © 43o Third St., Farmington, MN 55024 FARMINGTON 651-28o-6800 FarmingtonMN.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Approve Planning Commission Minutes DATE: September 14, 2021 INTRODUCTION Attached, are the minutes from the August 10, 2021 regular meeting. DISCUSSION NA ACTION REQUESTED Approve the minutes from the August 10, 2021 regular meeting. ATTACHMENTS: Type Description D Backup Material August 10, 2021 Planning Commission Minutes CITY OF FARMINGTON PLANNING COMMISSION MINUTES REGULAR MEETING August 10, 2021 1. CALL TO ORDER The meeting was called to order by Chair Rotty at 7:00 p.m. Members Present: Rotty,Lehto,Franceschelli,Windschitl,Tesky Members Absent: None Staff Present: Tony Wippler,Planning Manager Others Present: Jeff Miller,Urban Planner,HKGI 2. APPROVAL OF MINUTES a)Approve Planning Commission Minutes MOTION by Franceschelli,second by Windschitl to approve the minutes of July 13, 2021. APIF,MOTION CARRIED. 3. PUBLIC HEARINGS Chair Rotty opened all public hearings. a)Amendment to Section 11-4-2(D) of the Subdivision Ordinance Regarding Private Streets-Continued An amendment is proposed within the city's subdivision code regarding private streets. Currently,city code only allows private streets within R-2,R-T and R-D zoning districts. Private streets are typically seen with townhome developments which falls into our R-3 (Medium Density Residential) zoning district.The amendment will change city code to only allow private streets in the R-3 zoning district.In addition,the amendment to city code will include limiting the maximum length of a dead-end private street to 500 feet and requiring that a turnaround be provided at the far end of the street that is of an acceptable size and design to the city.Any development that proposes private streets would have to be approved as part of a Planned Unit Development and all private streets would have to be located within outlots owned and maintained by a homeowners'association. Chair Rotty welcomed comments at this time.No one from the public had comments. Commissioner Franceschelli,Lehto,Tesky and Windschitl all agree that this is a well thought out and timely amendment to city code.Chair Rotty further outlined what city code allows now regarding private streets and what the amendment will change. MOTION by Franceschelli,second by Tesky,to close the public hearing.APIF,MOTION CARRIED.MOTION by Lehto,second by Windschitl to forward a recommendation of approval for amending Section 11-4-2(D) of city code regarding private streets to the City Council as presented.APIF,MOTION CARRIED. b)Interim Use Permit for a Special Home Occupation- 19957 Dover Drive Planning Manager Wippler introduced the interim use permit for a special home occupation at 19957 Dover Drive.The applicant is Ms.April Jones.Ms.Jones is proposing to establish a salon within her home that would consist of one cutting chair and one salon chair.It will be located within the front room of the home and will be appointment only 9 a.m.- 7 p.m. Tuesdays and Thursdays.If approved,the interim use permit would be valid for 1 year and may be extended for periods up to three years by the Planning Commission.Planning Manager Wippler recommended approval of the interim use permit with four contingencies including parking shall be accommodated off-street on a hard surface,reissuing the permit after the first year and receive any necessary building and sign permits. Chair Rotty welcomed comments at this time.No one from the public had comments. Commissioner Lehto and Tesky had no questions.Commissioner Windschitl clarified days and time of operation.Commissioner Franceschelli asked what services would be offered. Ms.Jones clarified it will only be hair services (color and cut) and eyebrow waxing.She follows all policies and procedures of the MN Board of Cosmetology.All tools and supplies are disinfected after each use.Chair Rotty asked Ms.Jones if she understands and agrees to the conditions of approval.Ms.Jones said yes.Chair Rotty saw no issues. MOTION by Franceschelli,second by Tesky,to close the public hearing.APIF,MOTION CARRIED.MOTION by Tesky,second by Franceschelli,to approve the interim use permit for a special home occupation at 19957 Dover Drive with four conditions.APIF,MOTION CARRIED. c) Conditional Use Permit to Operate a Commercial Child Daycare in the B-1 Zoning District. Planning Manager Wippler outlined the proposed commercial child daycare center at 923 8f Street.The applicant is Ms.Wakeshia Bean.The daycare would occupy 3,672 square feet of building space.The operation will have approximately 100 children between ages three and six.There will be a total of five employees which includes a teacher in each of the four proposed classrooms.The hours of operation proposed is from 6:30 a.m.—5:30 p.m. Monday through Friday.A fence is proposed to enclose an outdoor play area.The play area will be approximately 2,500 square feet and will be accessed from the sidewalk along the front of the building.Off-street parking can be accommodated in the existing on-site parking lot. City code provides six criteria to be met for the Planning Commission to approve a Conditional Use Permit.The applicant meets all six.City staff recommends approval of the Conditional Use Permit with 4 contingencies including all necessary building and sign permits must be applied for,safety measures must be provided to utilize the proposed play area and a layout of the play area shall be submitted to the City for filing. Chair Rotty welcomed comments at this time.No one from the public had comments. Commissioner Tesky had concerns over the playground.She wanted clarification that fencing and/or bollards would be necessary or required.Chair Rotty stated that concern should become a condition for approval of the Conditional Use Permit.Commissioner Windschitl agreed with concerns on the play area safety as well as the traffic within the site already seen.He had concerns of additional traffic from parents dropping off and picking up their children.Commissioner Franceschelli shared their concerns.He asked what type of fencing was proposed.Planning Manager Wippler stated that the applicant did not specify and the Commission can require that it would have to be a certain type.Commissioner Franceschelli would like to see an additional condition of approval stating a minimum of chain link fencing with some sort of screening.He would also like to see the planned emergency escape route from the playground.Commissioner Franceschelli stated that Page 2 because of these issues and concerns he cannot support approval.Commissioner Lehto agreed with the concerns of child safety and traffic flow.She would like to see something which better outlined and detailed the safety plan so she could make a better and informed decision on the Conditional Use Permit.Chair Rotty asked if the applicant was present.They were not.Chair Rotty had questions as well.In the past,when daycares have been brought forward to the Commission for approval,they have always taken extra time and effort to ensure child safety,especially when the playground was detached to the building.Since the applicant was not present to discuss a safety plan,Commissioner Franceschelli recommended that this topic is tabled until next month to give the applicant time to address the outlined concerns.Chair Rotty agreed that was a good recommendation.The Commission would like to make sure all safety precautions are considered. Chair Rotty asked Planning Manager Wippler to add bollards into the list of contingencies when the Commission reviews the application next. MOTION by Franceschelli,second by Lehto,to continue the public hearing to the next regular Planning Commission meeting on September 14.APIF,MOTION CARRIED. d) Zoning Code and Zoning Map Amendments Planning Manager Wippler introduced the zoning code and zoning map amendments and introduced Jeff Miller,Urban Planner with HKGI.Jeff Miller presented recommended updates to the zoning code and zoning map.These recommended updates are proposed to align with the 2040 Comprehensive Plan and other city adopted plans.State law requires that a city's zoning code is consistent with its Comprehensive Plan.The current zoning districts were evaluated and zoning districts were consolidated,simplified or eliminated where appropriate.Additionally,design and off-street parking standards were updated and shore land management regulations were updated to align with the MN DNR. The proposed amended code sections are: • Title 10,Chapter 2 -Definitions • Title 10,Chapter 5 -Districts and District Provisions,which includes all of the base districts and overlay districts • Title 10,Chapter 6,Section 4-Off-Street Parking • Title 10,Chapter 6,Section 9-Screening • Title 10,Chapter 6,Section 10 -Landscaping • Title 10,Chapter 6,Section 18-Shore Land Management Regulation Chair Rotty asked Planning Manager Wippler to clarify changes if someone was zoned R-T and is now R-D or if someone is in an overlay district now when they were not before. Planning Manager Wippler explained that there is no impact on the structures currently existing.R-T and R-D were so close it made sense to combine them into one district.For overlay districts,they focus on requirements and standards for commercial land use and future redevelopment of the areas. Chair Rotty welcomed comments at this time.Jean Rademacher at 312 5th Street expressed concerns that her house was zoned commercial and that by 2040 her house would be demolished and her property would be utilized for commercial purposes.Planning Manager Wippler utilized the proposed zoning map to locate her property and explain that her property is changing from a R-T to a R-D zoning district which is not a commercial district, but rather our downtown residential district. Page 3 Ellsworth Lloyd Hoeppner at 27 Walnut Street asked what the zoning was going to do to his property in 2040.Both the Commission and Planning Manager Wippler explained that a property changing from R-T to R-D won't change anything about the property.Two downtown residential districts are simply consolidating into one.Mr.Hoeppner appreciated the clarification.The Commission further clarified that nothing will happen to his property with the zoning change. Commissioner Lehto asked Planning Manager Wippler to explain what the 2040 Comprehensive Plan is and what the term 2040 means so the residents in attendance can receive clarification.Planning Manager Wippler explained that we are required by the Metropolitan Council to have a Comprehensive Plan. It is a 10-year document which looks out 20 years.This is a plan for what things could look like in 2040—it isn't necessarily what things will look like.It is a long-range guiding document for land use,how the community is going to grow as well as infrastructure,population,employment,etc. Donald and Cheryl Haan at 19395 Flagstaff Avenue asked why their property is changing from A-1 (Agriculture)to B-3 (General Business).They have also seen things from Dakota County in regards to future streets that depict County Road 64 going directly over their home.Planning Manager Wippler explained that Dakota County would drive the location and timing of county road construction,but the city can have conversations with them about it.Mr.and Mrs.Haan further outlined that the properties around them are changing zoning to medium and high density residential and that doesn't fit for that area.The Haan's asked if they would be taxed as commercial with a commercial zoning.Planning Manager Wippler explained that properties are taxed based off of the use of the property. John Clay with Associated Realtors has worked with 301 and 315 Pine Street which are auto dealerships.He asked for clarification for Pine Street zoning changes from B-3 (Heavy Business)to R-4 (High Density Residential).Other areas along Pine Street like Impact Auto and Colin Garvey have concerns as well. Martin Kiehm at 8345 267th Street W is the owner of 21130 Chippendale Avenue.Earlier this year they negotiated improvements in the lease to the site currently zoned 1-1.The design standards he used from city code when he negotiated the improvements will be different than the design standards after this passes and his project starts.He is committed financially to make improvements at a cost that was calculated under an old set of design standards. If this passes then he will be subject to new standards which will increase his costs.He received a letter a week before the Planning Commission meeting which said that the Planning Commission was going to address his property,the rezoning and the overlay district. He called the City of Farmington multiple times to learn more about the process and ramifications of his property but didn't get an answer until a couple hours before the meeting.He would have liked to have known that this process was happening before this meeting.As an affected property,it would have been nice for the city to reach out before this meeting was being held so he could learn what was going on and plan for his property's future better. The Commission asked Planning Manager Wippler for some clarification on the changes to the design standards and if Mr.Kiehm could be grandfathered in if there was proof that the contract was executed prior to these zoning changes. Planning Manager Wippler believes that we should be able to work with him and will contact our City Attorney.Mr.Kiehm stated that he asked the question if he could be grandfathered in over the phone before the Page 4 meeting and the answer he received was that the site plans had to be submitted to the city prior to the vote by the City Council the following Monday night to be grandfathered in.Mr. Kiehm stated that is harsh when he knew 7 hours before the meeting what was going on. Commissioner Franceschelli said that is something that needs to be worked through with the city,not the Commission. Oleg Vdovchenko owner of 315 Pine Street asked for clarification on his zoning change from B-3 to R-4. He asked what it will do for his business.What if something were to happen to him and his family needed to sell the property.Planning Manager Wippler clarified that he can sell his property for the same use as the property is being utilized.Nothing will force Mr.Vdovchenko to change the use of his property unless he chooses to do so or the person who purchases the property next decides to do so. Diamond Auto Group at 301 Pine Street said that when it comes time to sell,these new rules will impact him.It was explained that the high-density residential zoning does not mean that by 2040 your auto business is gone and residential will be there.The zoning allows for a developer to do that land use on that property in the future.Diamond Auto Group asked for clarification if they are segmented down to only selling their property to a business with the same use.Planning Manager Wippler stated that yes,it has to be the same use since the zoning is going from a commercial to a residential use.Your current use on that property will be grandfathered in as a non-conforming land use and it can continue that use on that property for as long as you choose.He asked what ramifications he and others on Pine Street will be facing.The Commission explained that the only ramifications they may have is if they would like to sell to a residential developer in the future,which they are not forced to do. Darcy Zehnder at 20602 Flagstaff Avenue has 10 acres and was curious what choices he has for selling his property.The Commission explained the same as all other property owners. You are in control of your land and its transactions. Joshua Zephirin at 801 Eighth Street asked what the plan is for his single-family home which is being re-zoned to R-4 (High Density Residential).Where does this re-zoning leave him and his family in 2040.The Commission explained he is in control of his property and no one will take his home away to create high density residential unless he chooses to do so. A resident asked when Farmington will get a supermarket.Chair Rotty explained that there are two parcels in the Vermillion River Crossings which are owned by chain grocery companies.It is unfortunate we lost Family Fresh when we did and the Commission is rooting for a grocery store to come into Farmington. A representative of 5827 210th St W raised concerns for the areas of watersheds,floodplain and wildlife in the Industrial zoning west of Pilot Knob Road.She understands that the 2040 plan is a guide,but she feels that there are other areas in the city which are better suited for that use.The housing developments to the north are already pushing wildlife towards her property.If industrial uses are seen in this area,she would like to see agritourism or green businesses. A representative of the Huber Family Inc of 210th Street W and Fairgreen Avenue said he wants to sell their property and asked what the city is doing to help develop it.He asked about roads planned in that area.This land has been zoned industrial for over 10 years. Page 5 What can the City of Farmington do to help him and his siblings get it ready for development.Chair Rotty outlined that the Planning Commission is not the body to have the authority to say or do that.What would be best is a developer coming in with site plans which include road construction.Further discussion was had about road networks,utility location,extensions,greenspace and the Commission's role in the zoning code update. Chair Rotty and the Commission asked Planning Manager Wippler questions about the zoning code update including clarification on auto sales,accessory uses,planned unit developments and overlay district building materials and supplies.Planning Manager Wippler reviewed public comments he received from residents prior to the meeting which include Colin Garvey at 100 Fifth Street who had concerns with his property being rezoned from B-3 to R-4 as well as a phone call from the owner of 1017 Third Street for their property being rezoned from B-4 to R-D.Both had concerns about the impact the zoning code update would have on the future sale of their property. MOTION by Franceschelli,second by Tesky,to close the public hearing.APIF,MOTION CARRIED.MOTION by Franceschelli,second by Lehto,to recommend the zoning code and zoning map amendments to the City Council.APIF,MOTION CARRIED. 4. DISCUSSION 5. ADJOURN MOTION by Franceschelli,second by Tesky to adjourn at 8:57 p.m. APIF,MOTION CARRIED. Respectfully submitted, Kalley Swift Community Development Specialist Page 6 ITV OF 0 430 Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 Farmington M N.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Conditional Use Permit to Operate a Commercial Child Daycare in the B-1 Zoning District-Continued DATE: September 14, 2021 INTRODUCTION This item was continued from the August 10, 2021 regular meeting. The applicant was not in attendance at that meeting and the Commission expressed some safety concerns and wanted them addressed by the applicant. DISCUSSION Since the August regular meeting,the owner of the property has requested that the conditional use permit be withdrawn as the applicant is no longer pursuing the location. ACTION REQUESTED Because the owner of the property has requested to withdraw the conditional use permit request,the Commission should close the public hearing and make a motion to accept the owner's request of withdrawal. CITY OF 0 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 Farmington MN.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Preliminary Plat and PUD - Dakota Meadows DATE: September 14, 2021 INTRODUCTION Dakota Meadows, LLC has submitted applications for Preliminary Plat and Planned Unit Development for the Dakota Meadows development. The subject property consists of three parcels totaling 41.08 acres and is generally located on the east side of Denmark Avenue south of St. Michael's Church. The existing use of the property consists of cultivated farmland and wetland. The developer is proposing 110 single-family lots with the preliminary plat. DISCUSSION Staff will be requesting that the public hearing for the preliminary plat be continued to a special meeting on September 28th as the developer is in process of refining the stormwater management plan for the development. ACTION REQUESTED Continue the public hearing to the special meeting scheduled for September 28, 2021. CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTO-N © 651-280-6800 ® Farmington M N.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Amending the B-2 Zoning District to allow Commercial Kennels DATE: September 14, 2021 INTRODUCTION Mr. Paul Otten is in negotiations with the owner of 115 Elm Street for the potential purchase of the retail center located at this address. Mr. Offen has approached the city regarding the potential use of a portion of the retail center for a commercial dog kennel business. DISCUSSION Commercial dog kennels are currently allowed in the B-1, B-3 and Industrial districts as conditional uses. The property at 115 Elm Street is zoned B-2 (Downtown Business) and does not allow for commercial dog kennels. Mr. Offen is requesting that the commission discuss whether the zoning code could be amended to allow commercial dog kennels within the B-2 zoning district. Please keep in mind that if the zoning code is amended to allow commercial dog kennels in the B-2 zone it not only affects/applies to the property Mr. Offen is pursuing but all properties zoned B-2. If it is determined that the Commission is receptive to allowing commercial dog kennels within the B-2 zoning district staff would suggest that at a minimum a conditional use permit be required for the use. Additionally, other standards could be considered for this use specific to the B-2 zoning district, such as requiring a minimum lot size, minimum building setbacks, etc. ACTION REQUESTED Please discuss the request and provide any feedback that the Planning Commission deems necessary.