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09-13-22
CITY OF Meeting Location: FARMINGTONFarmington City Hall 430 Third Street Farmington, MN 55024 PLANNING COMMISSION REGULAR MEETING AGENDA September 13, 2022 7:00 PM 1. CALL TO ORDER 2. APPROVAL OF MINUTES (a) Approve Planning Commission Minutes 3. PUBLIC HEARINGS (a) An Ordinance Amending Section 10-5-17 (Industrial)of the Zoning Code Allowing Offices as a Permitted Use 4. DISCUSSION (a) Empire Township/Farmington Orderly Annexation Agreement Update 5. ADJOURN CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 OFarmington MN.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Approve Planning Commission Minutes DATE: September 13, 2022 INTRODUCTION Attached, are the minutes from the July 12, 2022 regular meeting. DISCUSSION NA ACTION REQUESTED Approve the minutes from the July 12, 2022 regular meeting. ATTACHMENTS: Type Description D Backup Material July 12, 2022 Regular Planning Commission Minutes CITY OF FARMINGTON PLANNING COMMISSION MINUTES REGULAR MEETING July 12, 2022 1. CALL TO ORDER The meeting was called to order by Chair Rotty at 7:00 p.m. Members Present: Rotty,Lehto,Tesky,Windschitl Members Absent: McAbee Staff Present: Tony Wippler,Planning Manager 2. APPROVAL OF MINUTES a)Approve Planning Commission Minutes MOTION by Tesky,second by Lehto to approve the Regular Meeting minutes of the Planning Commission from June 14, 2022.APIF,MOTION CARRIED. 3. PUBLIC HEARINGS Chair Rotty opened both public hearings. a) Conditional Use Permit To Allow The Conversion of a Building Into A Mixed-Use Building-306-312 Oak Street Holly Hewitt,owner of the property 306-312 Oak Street,has requested a conditional use permit to convert the existing building into a mixed-use building. The property is zoned B-2 (Downtown Business).The applicant is proposing to construct an 19'x 45'addition to the rear of the existing building.This addition will consist of a garage and second story apartment.Additionally,the applicant is proposing a second story addition above the existing building which will be utilized for additional dance instruction and event space along with continuation of the apartment.The applicant has indicated that the height of the building will be 43 feet upon completion of the improvements. The proposed addition and expansion of the property meets the zoning requirements and the design standards outlined within the Downtown Commercial Overlay District. A conditional use shall be approved if it is found to meet six criteria as outlined in City Code. The application meets all six criteria. Commissioner Tesky asked Ms.Hewitt about ADA accommodations for the additional space on the second floor.Ms.Hewitt plans ADA compliance as well as review with a structural engineer.Commissioner Windschitl inquired about potential parking issues.No issues should occur as outlined by Ms.Hewitt and Planning Manager Wippler.Commissioner Lehto had no questions or concerns.Chair Rotty acknowledged the potential parking issue being solved with the Rambling River Center parking lot immediately north of the property. Ms.Hewitt outlined that her next steps are to submit for permits and she would like to start the project this summer. MOTION by Windschitl,second by Tesky to close the public hearing.APIF,MOTION CARRIED.MOTION by Lehto,second by Windschitl to approve the conditional use permit contingent up the applicant obtaining all necessary building and fire permits required for the proposed expansion.APIF,MOTION CARRIED. Planning Commission Minutes Pagel of 2 Regular Meeting July 12,2022 b) Final Plat and PUD Amendment-Vita Attiva 3rd Addition CC Vita Attiva,LLC has submitted application for final plat for Vita Attiva at South Creek Third Addition.The final plat consists of 43 single-family lots and 16 multi-family townhome lots and is located directly west of the First Addition that was platted in 2021. The 43 single-family lots and 16 multi-family townhome lots are part of the 189 overall lots/units that were proposed with the preliminary plat.Lot sizes vary within the final plat from 1,907 square feet(townhome lot) up to 7,266 square feet(single-family lot).The final plat also contains 4 outlots (A-D). 216th Street W and 217th Street W will be extended to the west as part of this phase. Temporary turnarounds will be provided at the ends of both 216th and 217th Streets. The city entered into a Planned Unit Development[PUD]Agreement with the developer on August 16,2021 as part of the overall development plan for Vita Attiva at South Creek.The PUD Agreement needs to be amended at this time to allow an increase in building coverage from 35%to 51% due to the reduced size of the single-family lots. The Engineering Department has reviewed the final plat and recommends approval upon satisfaction of all comments for grading and utilities as well as the applicant entering into a Development Contract with the city and all security fees and costs paid. The developer outlined the future plans for Vita Attiva and their work on the Pilot Knob Road extension next year.Commissioner Windschitl had no questions.Commissioner Lehto inquired about the amenity building.The developer outlined that the building will be constructed first and the additional amenities will be added later this year and next year. Commissioner Tesky had no questions. MOTION by Windschitl,second by Tesky to close the public hearing.APIF,MOTION CARRIED.MOTION by Windschitl,second by Lehto to recommend approval of Vita Attiva at South Creek Third Addition final plat contingent upon the satisfaction of all engineering comments,the applicant entering into a development contract with security fees and costs paid,and increasing the allowed building coverage for single family lots from 35%to 51% and forward that recommendation to the City Council.APIF,MOTION CARRIED. 4. ADJOURN MOTION by Windschitl,second by Tesky to adjourn at 7:21 p.m.APIF,MOTION CARRIED. Respectfully submitted, Kalley Swift Community Development Specialist Planning Commission Minutes Page 2 of 2 Regular Meeting July 12,2022 CITY OF O 430 Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 u ® FarmingtonMN.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: An Ordinance Amending Section 10-5-17 (industrial) of the Zoning Code Allowing Offices as a Permitted Use DATE: September 13, 2022 INTRODUCTION Attached,for the Commission's consideration is an ordinance amending Section 10-5-17 of the City Code to allow Offices as a permitted use in the I (Industrial) zoning district. DISCUSSION Staff is looking to amend the City's I (I ndustrial) zoning district to allow offices within the zoning district as a permitted use. The definition in City Code for Office is as follows: OFFICE: A facility used for conducting the affairs of a business, profession, service, industry or government. Currently within the I (Industrial) zoning district both Office showroom and Office warehouse are listed as permitted uses. They are both defined in code as follows: OFFI CE SHOWROO M: A facility used for the conduct of a business that involves the display and sale of good and merchandise on the premises. OFFICE WAREHOUSE: A facility used for the conduct of a business that involves the storage and distribution of goods or merchandise from the premises. Staff feels it is appropriate to amend Section 10-5-17 of the City Code to allow offices as a permitted use within the I (Industrial) zoning district as currently office showroom and office warehouse are both listed as permitted uses within this district. Additionally,the definition of office expressly lists industry as a type use that would fall under that category. The amendment, if a positive recommendation is made,will go to the City Council for adoption on September 19, 2022. ACTION REQUESTED Recommend approval of the attached ordinance and summary ordinance amending Section 10-5-17 of the City Code to allow Offices as a permitted use within the I (I ndustrial)zoning district and forward that recommendation on to the City Council. ATTACHMENTS: Type Description D Ordinance Ordinance Amendment D Ordinance Summary Ordinance CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-5-17 OF THE FARMINGTON CITY CODE, CONCERNING THE I (INDUSTRIAL)ZONING DISTRICT,ALLOWING OFFICES AS A PERMITTED USE THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. That Section 10-5-17 of the Farmington City Code, is hereby amended by adding the underlined language as follows: 10-5-17: 1 INDUSTRIAL DISTRICT: (A) Purpose:The I Industrial District provides areas for existing and future industrial uses and promotes high quality architectural, landscaping and site plan development standards in order to increase the City's tax base and employment opportunities.This district requires that exterior industrial activities and storage are limited and fully screened to minimize impacts on adjacent properties and public rights-of-way. (B) Lot And Building Standards: 1. Principal Use Dimensional Standards: Lot area 40,000 square feet Lot width 150 feet Front yard setback 50 feet Side yard setback 25 feet If two (2) or more industrial lots are developed as one site, the interior 0 feet common lot line shall be ignored Rear yard setback 25 feet 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 and industrial uses 50 feet Height(maximum) 45 feet Maximum lot coverage of all structures 35 percent All standards are minimum requirements unless noted. (Ord. 015-711, 12-21-2015) 2. Accessory Use Dimensional Standards: (a) Outdoor storage areas shall not encroach into a required front yard setback or on a corner lot within the side yard setback area. 3. Building Design Standards: (a) Applicability: All new construction, renovations or additions of existing industrial buildings. Exempt projects are those industrial buildings comprised of any of the following project types: (1) Interior remodels; (2) Buildings being entirely used as residential; (3) Normal or routine maintenance and repair of existing structures; (4) Any type of construction that does not require a building permit. (b) Process: Building design standards will be administered through the site plan process in section 10-6-23 of this chapter. (c) Exterior Walls: Exterior walls of buildings to be constructed shall consist of one or more of the following materials and shall receive prior approval of the city: (1) Brick: Size,type,texture, color and placement shall be approved. (2) Stone: Stone shall have a weathered face or shall be polished,fluted or broken face. (3) Concrete Masonry Block: Concrete masonry block shall be those generally described as "customized architectural concrete masonry units" or shall be broken faced brick type units with marble aggregate. All concrete masonry units shall be coated or veneered and approved by the city.There shall be no exposed concrete block on the exterior of any building unless approved by the city. (4) Concrete: Concrete may be poured in place, tilt-up or precast: and shall be finished in stone, brick, textured or coated, with a minimum life expectancy of ten (10)years. (d) Alternate Materials: Alternate exterior surface materials of pre-engineered metal may be substituted in an amount not to exceed fifty percent (50%) of the exterior wall surface area of each building and the pre-engineered metal shall only be installed on the upper half portion of the building. Other conditions are as follows: (1) Used for housing or screening equipment necessary to the manufacturing operations; (2) Architecturally compatible with the building as a whole as determined by the city planning division; (3) Compliance with any additional screening and/or landscaping requirements of the city; and (4) Modifications are made with prior written approval of the city planning division. (e) Alterations to Buildings: Any alterations to buildings shall meet all requirements of this chapter. (f) Canopies: Canopies with visible wall hangers shall not be permitted. Design of canopies shall be in keeping with the design of the building and shall be approved by the city prior to construction or alteration. (g) Loading Docks:The design of the loading docks shall be incorporated into the overall design theme of the building and constructed of materials equal to or the same as the principal building.The architectural design shall be continuous and uninterrupted by ladders,towers, fences, and equipment. Businesses that abut County Highway 50 and/or County Highway 31 shall not construct loading docks that front these roadways. (h) Utilities: All buildings and structures shall be served by underground utility distribution facilities.The installation of such utilities shall not change the grade or contour of the city approved grading plan for the site. (C) Uses: 1. Permitted: Breweries. Data centers. Distilleries. Light manufacturing facilities. Microdistilleries. Offices Office showroom. Office warehouse. Research facilities. Small breweries. Warehousing facilities. 2. Conditional: Bus terminal. Child daycare facilities, commercial. Cocktail rooms as accessory to a microdistillery. Commercial recreational uses. Food processing facilities. Kennels, commercial. Manufacturing facilities. Public utility buildings. Recycling facilities. Taprooms as accessory to a brewery or small brewery. Truck terminal. Warehouse retail. 3. Accessory: Parking lots. 4. Interim: Mineral extraction. (Ord. 018-737, 3-19-2018; amd. Ord. 021-761, 8-16-2021) SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this 191h day of September, 2022, by the City Council of the City of Farmington. CITY OF FARMINGTON By: Joshua Hoyt, Mayor ATTEST: By: Lynn Gorski, City Administrator SEAL Approved as to form the day of 2022. By: City Attorney Summary published in the Dakota County Tribune the day of 2022. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-5-17 OF THE FARMINGTON CITY CODE, CONCERNING THE I (INDUSTRIAL) DISTRICT,ALLOWING OFFICES AS A PERMITTED USE NOTICE IS HEREBY GIVEN that, on September 19, 2022, Ordinance No. was adopted by the City Council of the City of Farmington, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of this ordinance, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the amendment allows offices as a permitted use in the I (Industrial) Zoning District. A printed copy of the whole ordinance is available for inspection by any person during the city's regular office hours. APPROVED for publication by the City Council of the City of Farmington this 191h day of September, 2022. CITY OF FARMINGTON By: Joshua Hoyt, Mayor ATTEST: By: Lynn Gorski City Administrator SEAL Approved as to form the day of 2022. By: City Attorney Published in the Dakota County Tribune the day of 2022. CITY OF 0 430 Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 Farmington MN.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Empire Township/Farmington Orderly Annexation Agreement Update DATE: September 13, 2022 INTRODUCTION Staff wanted to give the Commission an update regarding the Orderly Annexation Agreement[OAA]that is in place between the City and Empire Township. DISCUSSION As the Commission is aware,the City entered into an Orderly Annexation Agreement with Empire Township in 2008. The agreement encompasses approximately 574 acres of land within Empire Township which are generally located west of the Soo rail line,south of County Road 66 and west of Biscayne Avenue(see attached map). The agreement also anticipated the possible incorporation of Empire Township into a City and that if the Township did pursue incorporation that the City would support that effort. Additionally, if the Township did incorporate the parcels identified in the Orderly Annexation Agreement would be annexed into the City of Farmington prior to the incorporation taking place. This past April the Township filed a petition with the State of Minnesota requesting an order to incorporate as a City. An Administrative Law Judge issued the order approving the incorporation of Empire Township on August 31, 2022. Along with the incorporation order,the Administrative Law Judge issued an annexation order transferring the parcels identified in the OAA and shown on the attached map to the City of Farmington. The annexations were effective as of August 31, 2022. These orders effectively terminate the OAA and provide the permanent boundaries between Empire and the City. ACTION REQUESTED None. This is being provided to the Commission for informational purposes only. ATTACHMENTS: Type Description D Backup Material Annexation Map 3A4AExhibit E:Map of Properties to be Annexed into the City of Farmington BOLTON EMPIRE TOWNSHIP -Empire Township,MN March 2022 (D & MEN Real People.Real Solutions. ■ 194TH ST W Ey K (�NOLE 11 196THSTW 196TH STW ,SE WAY DR 198TH ST W k 44 AVE COV 197TH STW R , 199TH ST L ru= 0 200TH ST W -T'.1 STW 200TH STe 0 ! 1 J`N1STsTW So BV F.I. F5 203RD �OaRD %ik 2�r I L EA4' 10— 20-5-T. _T 206 _j 0 0 10 0 is 1 207TH�T o 208TH ST W 8209TH STW■1 210TH STW 4 4,V 210TH STE a po LINDEN ST 1, WILLOW ST g% 112TI,,W ■FPL wi 212TH STW MAIN ST <IPL 213TH ST W 1111E ST pp J 'V" ELM ST KNUTS z O fG SPRUCE ST J ow M 0 a E Legend WALNUTST P: ■ City Limits Lakes and Ponds n Railroad Rivers and Streams MAPLE ST RCH ST Annexations ■ 2008 Annexation Agreement Parcels D 0.25 ST' `_ ¢ I NONE=miles Source:Met.Council,Empire Township, FST ASH ST E ■a mob;, 8 0TH ST Dakota County,MnDOT,MnDNR JF