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HomeMy WebLinkAbout04.11.23 Planning Packet Meeng Locaon: Farmington C ity H all 430 T hird Street Farmington, M N 55024 P L A NN I N G C O M M I S S I O N R E G U L A R M E E T I N G A G E N DA A pril 11, 2023 7:00 PM 1.C A L L TO O R D E R 2.A P P R OVA L O F M I N U T E S (a)A pprove P lanning C ommis s ion Minutes 3.P U B L I C H E A R I N G S (a)A mendment to C ondional Use Permit to allow for the Expansion of a Charter S chool within the B-2 Zoning D is trict - 115 Elm S treet - C onnued (b)Request for a C omprehens ive P lan A mendment to re-guide P I D : 14-82500-00-040 from Park/O pen S pace to Low D ensity Residenal 4.D I S C U S S I O N (a)D is cus s the des ire to review S econ 10-6-29 (Chickens on Residenal Lots) 5.A D J O U R N TO :P lanning C ommis s ion F R O M :Tony W ippler, P lanning M anager S U B J EC T:A pprove P lanning Commission M inutes DATE:A pril 11, 2023 I N T R O D U C TI O N Aached, are the minutes from the M arch 14, 2023 regular mee"ng. D I S C U S S I O N N A A C T I O N R EQ U E S T E D A pprove the minutes from the M arch 14, 2023 regular mee"ng. AT TA C H M E N TS : Type D es crip"on Backup M aterial March 14, 2023 Regular P lanning C ommis s ion Minutes TO :P lanning Commission F R O M :Tony W ippler, P lanning Manager S U B J EC T:A mendment to C ondional Use Permit to allow for the Expansion of a Charter S chool within the B-2 Zoning D is trict - 115 Elm S treet - C onnued DATE:A pril 11, 2023 I N T R O D U C TI O N The public hearing for this item w as connued from the March 14, 2023 regular meeng. A-ached, for your reference, is the s taff report that w as prepared for the March 14th regular meeng regarding this item. D I S C U S S I O N The P lanning Commission may take any addional tes mony on this applicaon that it feels is appropriate. A C T I O N R EQ U E S T E D Take any addional tes mony that the C ommis s ion feels is appropriate and then close the public hearing. A pprove the amendment to the condional us e permit to allow the expans ion of a school at the property located at 115 Elm S treet conngent upon the following: 1. The submis s ion and approval of all building and fire permits as deemed neces s ary for the expansion. 2. S ign permit s hall be s ubmi-ed and approved for any exterior s ignage to be placed on the buildings or s ite. AT TA C H M E N TS : Type D es cripon Backup M aterial March 14, 2023 s taff report Backup M aterial March 29, 2023 le-er from G reat O aks A cademy Backup M aterial A ddional comments received TO :P lanning Commission F R O M :Tony W ippler, P lanning Manager S U B J EC T:A mendment to C ondional Use Permit to allow for the Expansion of a Charter S chool within the B-2 Zoning D is trict - G reat O aks A cademy - 115 Elm S treet DATE:M arch 14, 2023 I N T R O D U C TI O N G reat O aks A cademy is s eeking an amendment to a condional use permit to allow further expansion of their Charter S chool located at 115 Elm S treet. G reat O aks A cademy was granted a condional use permit by the city's P lanning C ommis s ion on January 11, 2022 to establis h the C harter S chool w ithin the former grocery store building located at 115 Elm S treet. The propos ed expansion includes renovang and occupying the exisng strip center on the eas t s ide of the property for addional classrooms, adding a gymnasium expans ion onto the northw est side of the exis ng s trip center, and renovang the interior of the northern most poron of the grocery store building currently hous ing @ Bat into classrooms. G reat Oaks A cademy Review G reat O aks A cademy is a tuion-free, classical charter s chool built on the pillars of Rigor, L iterature, Wonder, and V irtue. The school is deeply commi7ed to building a school with rigorous academics , high expectaons , and a strong emphas is on developing character while encouraging each student's natural s ense of w onder at the w orld. The mis s ion of G reat O aks A cademy is to provide students w ith a clas s ical, liberal arts educaon that is rigorous, literature-rich, wonderous, and virtuous. The vis ion is to graduate young adults w ho: A re fully prepared for the rigors of college and career Value truth, beauty, and goodness Pos s ess a lifelong passion for learning A re acve parcipants in their communies Recogniz e the value of their contribuons A ccording to the school's 2021-2022 A nnual Report, the enrollment of the school for the 2021-2022 s chool year w as 188 students in kindergarten through 5th grade. The report indicates up to 316 s tudents enrolled in 2022-2023 in kindergarten through 6th grade. Enrollment projecons for the s chool s how s an increas e in enrollment to 365 students (k-7th) in 2023-2024, 463 students (k-8th) in 2024-2025, and 515 s tudents (k-9th) in 2025-2026. The 2021-2022 A nnual Report also indicates that the school had a s taff of 29 people. D I S C U S S I O N G reat O aks A cademy is requesng approval to amend a previous ly approved condional use permit to allow the expans ion of a C harter S chool at the property located at 115 Elm S treet. The P roperty is currently ow ned by Farmington 115, L L C (Wellington Management C ompany). The property is within the B-2 (D ow ntow n Busines s ) Zoning D istrict and schools are lis ted as condional us es. A s s how n on the a7ached s ite plan and floor plans the proposed expans ion cons is ts of 4 components , they are: 1. The interior renovaon of the northern mos t poron of the exis ng s chool building currently occupied by @Bat. This includes converng the space into 3 addional classrooms and res trooms . 2. The interior renovaon of the exisng strip center on the eas t s ide of the s ite. This renovaon w ould largely consist of 8 middle school clas s rooms , cafeteria, office space, s cience room, art room and restrooms. 3. Building addion to the northeas t s ide of the exisng strip center. The addion includes a lobby area, restrooms, s torage areas and an approximately 5,200 square foot gymnas ium. A s previously menoned, the property is z oned B-2 (D owntown Bus iness) and the propos ed addion meets all s etback and lot coverage requirements in the B-2 z one. 4. Removal of porons of the exis ng parking lot to create a courtyard to the s outh of the propos ed gymnas ium addion along with adding greenspace on the s outhern end of the exisng strip center building adjacent to the right-of-way of Elm S treet. City Code requires one parking stall be provided for each clas s room plus one parking stall per every 30 s tudents. The use as propos ed (school) would require 34 off-s treet parking stalls . The property currently has 229 off-s treet stalls w ithin its boundary. W ith the proposed building expansion and addion of greens pace menoned above this would remove 33 off-street parking s paces from this s ite. I f the plan w ere to be cons tructed as propos ed a total of 196 off-s treet parking stalls w ould be remaining on s ite. I t is ancipated that with the proposed expans ion the total s chool enrollment w ill increase to over 500 s tudents. O ff-street parking on s ite is sufficient to accommodate the propos ed use. W ith that being said, please note, that being the s ite is zoned B-2 (D ow ntow n Busines s ) it is exempt from the aforemenoned parking s tandards per code. A n updated traffic study w as performed for this condional use permit applicaon (s ee a7ached). The s tudy indicated that the addion of M iddle S chool traffic w ill increase the school related site traffic from 179 entering trips and 165 exing trips to 226 entering trips and 218 exing trips during the more intense A M peak. C ondional Use Permit A s outlined in C ity C ode, a condional use s hall be approved if it is found to meet the follow ing criteria: 1. The propos ed use conforms to the district permi7ed and condional use provis ions and all general regulaons of this tle. The use is listed as a C ondional U se w ithin the B-2 (D owntown Business) z oning district. 2. The propos ed use s hall not involve any element or caus e any condions that may be dangerous, injurious or noxious to any other property or pers on and shall comply w ith the performance s tandards listed below. The proposed use will not create any condion listed above. 3. The propos ed use s hall be cons tructed, des igned, sited, oriented and lands caped to produce harmonious relaonship of buildings and grounds to adjacent buildings and properes . M ost of the expansion will take place within exisng buildings with the excepon of the gymnasium expansion w hich w ill be located tow ards the center of the property. 4. The propos ed use s hall produce a total vis ual impres s ion and environment w hich is cons is tent with the environment of the neighborhood. M ost of the expansion w ill take place w ithin exisng buildings with the excepon of the gymnasium expansion. The expansion into the exisng strip center will displace four exisng businesses. 5. The propos ed use s hall organiz e vehicular access and parking to minimiz e traffic conges on in the neighborhood. Thus use will uliz e exisng site accesses along with exisng parking areas. 6. The propos ed use s hall preserve the objecves of this tle and s hall be cons is tent with the comprehens ive plan. The use is listed as a condional use w ithin the B-2 z oning district and is consistent with the comprehensive plan. A C T I O N R EQ U E S T E D A pprove the amendment to the condional us e permit to allow the expans ion of a school at the property located at 115 Elm S treet conngent upon the following: 1. The submis s ion and approval of all building and fire permits as deemed neces s ary for the expansion. 2. S ign permit s hall be s ubmi7ed and approved for any exterior s ignage to be placed on the buildings or s ite. AT TA C H M E N TS : Type D es cripon Backup M aterial S ite P lan Backup M aterial F loor P lans Backup M aterial Building Elevaon 1 Backup M aterial Building Elevaon 2 Backup M aterial Traffic S tudy Backup M aterial A lta S urvey Backup M aterial Le7ers of S upport City of Farmington Planning Commission, Thank you for your serious consideration of Great Oaks Academy’s pending Conditional Use Permit (CUP) application.After thorough review of the Staff Report of our application,as outlined in the Planning Commission March 14th meeting agenda,it is our firm understanding that approval of our application shall be granted.Per the Staff Report,our application clearly meets the six (6)criteria listed for CUP application approval.The Report also states that,“As outlined in City Code,a conditional use shall be approved if it is found to meet”these stated criteria. As also stated in the Report,the school’s use of the property is a qualified conditional use within the B-2 zoning district.Our application is merely to amend a previously granted CUP for Great Oaks Academy. Per your request,we are also providing additional information in support of our CUP application.As discussed in the March 14th Planning Commission meeting,the school’s expansion will involve the necessary relocation of four businesses in the retail strip mall.Although we cannot legally provide financial assistance to these businesses,we can provide a clear timeline for our expansion process and reasonable flexibility regarding the timing of relocation. Note:The dates listed below assume our CUP application is approved at the April 11th Planning Commission meeting. Key Dates: April 12,2023:Great Oaks Academy will formally commence the bonding process. June 30,2023:Great Oaks Academy ’s affiliated building company will close on the bond and purchase the property.(This date is pending market conditions but is a very realistic target).The affiliated building company will take over as the lease holder for the four businesses. July 1,2023:Great Oaks Academy ’s design team (LHB)will commence design of the retail strip mall conversion and the gymnasium addition. Late Fall 2023:Construction will begin on the new gymnasium building addition on the west side of the north end of the retail strip mall.(Exact start date will depend on design progress and material lead times).This construction will not affect the four businesses. June 1,2024:Construction will begin on the renovation of the retail strip mall. Sep 2024:Construction will be complete. Upon acquisition of the property by Great Oaks Academy’s affiliated building company,the four businesses will be notified of the need to relocate by May 31,2024.This will provide them with 11 months of formal notice,in addition to 2-3 months of communication prior to property acquisition.At no point during this 13–14-month time period will they be given notice to relocate by an earlier date.We are committed to giving the four businesses as much flexibility as possible. Sincerely, Great Oaks Academy Mr.Paul McGlynn,Director Dr.Eric Rice,Board Chair Email:pmcglynn@greatoaksacademymn.com Email:erice@greatoaksacademymn.com Phone:651-615-0499 Phone:651-615-0499 (Primary point of contact) TO :P lanning Commission F R O M :J ared J ohns on, P lanning Coordinator S U B J EC T:Request for a C omprehens ive P lan A mendment to re-guide P I D : 14-82500-00-040 from Park/O pen S pace to Low D ensity Residen,al DATE:A pril 11, 2023 I N T R O D U C TI O N Jacob S teen (applicant), on behalf of Kerry H anifl (property owner), has applied for a C omprehens ive P lan A mendment to re-guide P I D : 14-82500-00-040 (s ubject parcel) from Park/O pen S pace to Low D ens ity Res iden,al. D I S C U S S I O N Background At the February 14th mee,ng, the P lanning Commission reviewed a sketch plan for a subdivis ion at 19927 A kin Road that included the subject parcel. The s ketch plan called for the combina,on of the tw o parcels and then subdividing the combined parcel into three s eparate buildable lots. S taff noted the s ubject parcel was guided for Park/O pen S pace in the 2040 C omprehens ive P lan and an amendment would be neces s ary before the land could be combined and s ubdivided for residen,al lots . The applicant has decided to move forw ard w ith the process and is reques,ng the Comprehensive P lan A mendment. S taff would like to note this reques t does not include the actual subdivis ion of the land, but the sketch plan is a<ached for reference. Review The subject parcel is 3.24 acres and is heavily wooded w ith s teep s lopes. I t borders Vermillion G rove Park to the wes t and 19927 A kin Road to the eas t. I t w as pla<ed as "O utlot D " in the Vermillion G rove s ubdivision in 2001 and w as obtained by the property owner of 19927 A kin Road. There is a drainage and u,lity eas ement over the en,re parcel. The subject parcel is currently z oned L ow D ens ity Res iden,al but is guided for Park/O pen S pace in the 2040 Comprehensive P lan. 19927 A kin Road is currently z oned L ow D ens ity Res iden,al and is guided for Low D ensity Residen,al in the 2040 C omprehens ive P lan. G iven the subject parcel is now privately ow ned by the adjacent property (19927 A kin Road) and not a part of the w etland/open s pace area in Vermillion G rove Park, s taff s upports the requested Comprehensive P lan A mendment. The amendment w ill align the subject parcel w ith 19927 A kin Road in terms of zoning and its future land us e des igna,on, even if the applicant decides not to move forw ard w ith the subdivis ion proces s . S taff has forw arded the requested Comprehensive P lan A mendment to adjacent jurisdic,ons for review and comment as required by the M etropolitan C ouncil. I f the C omprehens ive P lan A mendment is approved by the P lanning C ommis s ion and C ity C ouncil, the amendment will be s ent to the Metropolitan Council for final approval. A C T I O N R EQ U E S T E D Recommend the C ity C ouncil approve the reques ted C omprehens ive P lan A mendment and a<ached res olu,on to re-guide P I D : 14-82500-00-040, legally described as "O utlot D, Vermillion G rove" from Park/O pen S pace to L ow D ens ity Res iden,al. AT TA C H M E N TS : Type D es crip,on Backup M aterial A pplica,on Backup M aterial Concept P lan Backup M aterial Loca,on M ap with C omp P lan Resolu,on Resolu,on ZON IN G C LASSIF IC AT ION :R-1 DIST RIC T 471,786 SQ.FT.;10.83 AC 117,408 SQ.FT.;2.70 AC 71,219SQ.FT.;1.63AC 124,527 SQ.FT .;2.85 AC 82,409 SQ.FT.;1.89 AC 172,701 SQ.FT.;3.96AC 128,001 SQ.F T.;2.93 AC 57,150SQ.FT.;1.31 AC T OT AL PROPERT Y AREA: PROPOSED LOT 1AR EA: •APPROX.BUILDABLE: PROPOSED LOT 2 AR EA: •APPROX.BUILDABLE: PROPOSED LOT 3 AREA: •APPROX.BUILDABLE: RIGH T OF W AY AREA: (APPROX.BU ILD ABLE AR EA =LOT AREA MIN U S SET BAC K/W ET LAN D BU F F ER/>20%SLOPE AR EA OU T SID E OF SET BAC K) ~>20%SLOPE AREA r O 6 V>y V 0y /-~-------------------------------------------------------------~------------~ HANIFL SKETCH PLAN -CONCEPT FARMINGT ON,MINNESOT A N 1"o ~ 0'50'100' DATE:1/9/23 DRAWN BY:DPE,MDT ALLIANT SCALE:1"=100'ENGI NEERI NG Property Location – PID: 14-82500-00-040 2040 Comprehensive Plan – Re-guide from Park/Open Space to Low Density Residential RESOLUTION NO. AMENDING THE 2040 COMPREHENSIVE PLAN TO CHANGE THE LAND USE GUIDANCE FOR 3.24 ACRES OF PROPERTY IDENTIFIED AS PID: 14-82500-00-040 AND LEGALLY DESCRIBED AS “OUTLOT D, VERMILLION GROVE” FROM PARK/OPEN SPACE TO LOW DENSITY RESIDENTIAL Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the council chambers of said City on the 17th day of April 2023 at 7:00 p.m. Members Present: Members Absent: Member _______ introduced and Member _______ seconded the following: WHEREAS, Jacob Steen, on behalf of the property owner Kerry Hanifl, has petitioned for a Comprehensive Plan Amendment for PID: 14-82500-00-040, legally described as “Outlot D, Vermillion Grove, according to the recorded play thereof. Dakota County, Minnesota”, depicted in Exhibit A. The said petition proposed the land use guidance for the subject property be changed from Park/Open Space to Low Density Residential; and, WHEREAS, the Planning Commission held a public hearing on the 11 th day of April 2023 after notice of the same was published in the official newspaper of the City and proper notice was sent to surrounding property owners; and, WHEREAS, the Planning Commission accepted public comments at the public hearing and recommended approval of the Comprehensive Plan Amendment for the property depicted in Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Farmington, Minnesota, after taking into account the recommendation of the Planning Commission herby amends the 2040 Comprehensive Plan for the property depicted in Exhibit A, changing the land use designation from Park/Open Space to Low Density Residential. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of April 2023. ___________________________ Mayor Attested to the _______ day of April 2023. ___________________________ City Administrator SEAL Exhibit A (subject property outlined in red) TO :P lanning C ommis s ion F R O M :Tony W ippler, P lanning M anager S U B J EC T:D iscuss the desire to review S econ 10-6-29 (C hickens on Res idenal L ots ) DATE:A pril 11, 2023 I N T R O D U C TI O N The C ity C ouncil adopted O rdinance 013-660 on M arch 18, 2013 es tablishing S econ 10-6-29 (Chickens on Urban Res idenal L ots ) w ithin the city's z oning code (and amended by O rdinance 014-668 on J une 16, 2014). I have a5ached this code secon for your reference. S taff has been approached to determine if the P lanning Commission has a des ire to review and possibly amend this code provis ion as deemed necessary and appropriate by the Commission. D I S C U S S I O N S ince the incepon of the ordinance in 2013, a total of 15 permits have been approved by the P lanning Commission of which 9 permits are sll acve. The general proces s for obtaining and maintaining an U rban Chicken Permit in the city is as follow s : 1. S ubmit applicaon and all appropriate forms , informaon, documentaon and fees. I nformaon and documentaon includes, but is not limited to: a. Number of chickens to be kept on property (maximum of 3 hen chickens is currently allow ed); b. S caled site plan or property s urvey s how ing the proposed locaon of the chicken coop and/or run on the subject property; c. To-scale building plan, including elevaons and building materials, of the propos ed coop and/or run; d. Zoning district for subject property. M us t be located within the R-1 (L ow D ens ity Res idenal) zoning dis trict. 2. A public hearing will be held at the C ity's P lanning Commission within 60 days days following receipt of a complete applicaon. 3. A noce of public hearing is published at least ten (10) days prior to the public hearing. 4. A ll adjacent property owners to the s ubject property s hall be nofied by post mail ten (10) days prior to the public hearing. 5. The P lanning C ommis s ion may grant or deny the applicaon aAer the close of the public hearing bas ed on informaon obtained at the hearing. 6. I f an inial U rban Chicken Permit is granted by the P lanning Commission, every year aAer that chickens are kept on the s ubject property a Renewal Permit mus t be administravely approved by the City's P lanning D epartment. The Renewal Permit is required to be s ubmi5ed 30 days prior to the date the inial Urban C hicken Permit w as approved by the P lanning Commission. 7. Fees (per 2023 City Fee S chedule): Urban C hicken Permit fee - $100, Renewal Permit fee - $40 A C T I O N R EQ U E S T E D D etermine if the P lanning Commission wishes to review and amend S econ 10-6-29 of the C ity C ode, and if s o, provide direcon to staff on what s pecific provisions within the code should be reevaluated and be brought back to the C ommis s ion at a later date for addional consideraon. AT TA C H M E N TS : Type D es cripon Backup M aterial S econ 10-6-29 Chickens on Urban Res idenal L ots 10-6-29: CHICKENS ON URBAN RESIDENTIAL LOTS: (A) Permit Required: An urban chicken permit shall be required for the keeping of any hen chickens on residential property less than two and one-half (21/2) acres in size, provided said property is zoned R-1 (low density residential). The keeping of chickens on lots two and one-half (21/2) acres and larger are regulated under section 6-4-2 of this code. An urban chicken permit requires a public hearing be held by the board of adjustment after a fee, established by the city council, is paid and all adjacent property owners are notified. Supporting information/documents to be submitted to the planning division with an urban chicken permit application are: 1. Number of chickens to be kept on the property. 2. Site plan or property survey showing the proposed location of the chicken coop and/or chicken run on the subject property. 3. To scale building plan, including elevations, of the proposed coop and/or run. (B) Duration Of Permit: The urban chicken permit shall be valid for one year from the date of board of adjustment approval. A renewal permit will be required every year after the initial board of adjustment approval that chickens are kept on an approved residential lot. An application for a renewal permit shall be filed with the city thirty (30) days prior to the expiration of the current permit. The urban chicken permit may be terminated or not renewed for violations of the ordinance following notice to the permit holder and an opportunity for a hearing at the board of adjustment. The renewal permit will be reviewed and approved administratively. The fee for a renewal permit will be established yearly by the city council. (C) Automatic Termination Of Permit: If the owner of hen chickens, who has an approved permit, moves from the premises approved for said hens, the urban chicken permit shall automatically become null and void. (D) Limitation On The Number Of Chickens: No person shall keep on any single-family residential property more than three (3) total hen chickens. (E) Three Or More Dwelling Unit Properties: Chickens are not allowed on properties that contain three (3) or more dwelling units. (F) No Roosters: No person shall keep roosters, or adult male chickens, on any residentially zoned property less than two and one-half (21/2) acres in size. (G) No Cockfighting: Cockfighting is specifically prohibited within the city. (H) No Slaughtering: The slaughter of chickens is prohibited on residentially used or zoned properties. (I) Ownership Occupancy: The owner of the chickens shall live on the property on which they are being kept. (J) Confinement: Every person who owns, controls, keeps, maintains or harbors hen chickens must keep them confined on the premises at all times in a chicken coop or chicken run while in the city. Chickens are not allowed to be located in any part of the home and/or garage. (K) Shelter And Enclosure Requirements: Chickens shall be properly protected from the weather and predators and have access to the outdoors in an enclosure or fenced area. The shelter and/or enclosure shall meet all of the following requirements: 1. Any chicken coop and run fencing must be consistent with building and zoning codes. 2. No chicken coop or run shall be constructed on any urban residential lot prior to the time of construction of the principal structure. 3. One chicken coop and/or chicken run will be allowed per residential lot provided the maximum lot coverage of the underlying zoning district is not exceeded. 4. Chicken coops and runs shall not be located in the front or side yards and shall not be placed within any drainage and utility easements found on residential lots. 5. Any chicken coop or run shall be set back at least twenty five feet (25') from any principal structure on adjacent lots and a minimum of ten feet (10') from all property lines. 6. Any chicken coop or run shall be screened from view with a solid fence or landscaped buffer with a minimum height of four feet (4'). All fencing shall be in accordance with section 10-6-12 of this chapter. 7. All chicken coops must have a maximum size of ten (10) square feet per chicken and must not exceed eight feet (8') in total height. Fenced in chicken runs must not exceed twenty (20) square feet per chicken and fencing must not exceed six feet (6') in total height. Chicken runs may be enclosed with wood and/or woven wire materials, and may allow chickens to contact the ground. Chicken runs must have a protective overhead netting to keep the chickens separated from other animals. 8. Chicken coops must be elevated a minimum of twelve inches (12") and a maximum of thirty six inches (36") above grade to ensure circulation beneath the coop. 9. Chicken grains and feed must be stored in a rodentproof container. (L) Conditions/Maintenance And Inspection: No person who owns, controls, keeps, maintains or harbors hen chickens shall permit the premises where the hen chickens are kept to be or remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition that noxious odors to be carried to adjacent public or private property. Any chicken coop and chicken run authorized under this section may be inspected at any reasonable time by the city. (Ord. 014- 668, 6-16-2014)