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HomeMy WebLinkAbout03.14.23 Planning MinutesCITY OF FARMINGTON PLANNING COMMISSION MINUTES REGULAR MEETING March 14,2023 1. CALL TO ORDER The meeting was called to order by Chair Rotty at 7:00 p.m. Members Present: Rotty, Lehto, McAbee, Windschitl, Tesky Members Absent: None Staff Present: Tony Wippler - Planning Manager, Jared Johnson - Planning Coordinator 2. APPROVAL OF MINUTES a) Approve Planning Commission Minutes MOTION by McAbee, second by Tesky to approve the Regular Meeting minutes of the Planning Commission from February 14,2023. APIF, MOTION CARRIED. 3. PUBLIC HEARINGS Chair Rotty opened all public hearings. A. Request for an Amendment to Conditional Use Permit to Allow for the Expansion of a Charter School within the B-2 Zoning District - Great Oaks Academy - 115 Elm Street - Chair Rotty opened the public hearing. Planning Manager Wippler reviewed that Great Oaks Academy was granted a conditional use permit by the city's Planning Commission on January 11, 2022 to establish the Charter School within the former grocery store building located at 115 Elm Street. The proposed expansion includes renovating and occupying the existing strip center on the east side of the property for additional classrooms, adding a gymnasium expansion onto the northwest side of the existing strip center, and renovating the interior of the northern most portion of the grocery store building currently housing @Bat into classrooms. According to the school's 2021-2022 Annual Report, the enrollment of the school for the 2021- 2022 school year was 188 students in kindergarten through 5th grade. The report indicates up to 316 students enrolled in 2022-2023 in kindergarten through 6th grade. Enrollment projections for the school shows an increase in enrollment to 365 students (k-7th) in 2023- 2024, 463 students (k-8th) in 2024-2025, and 515 students (k-9th) in 2025-2026. The 2021- 2022 Annual Report also indicates that the school had a staff of 29 people. Planning Manager Wippler shared the details of the expansion and they consist of 4 components: 1. The interior renovation of the northern most portion of the existing school building currently occupied by @Bat. This includes converting the space into 3 additional classrooms and restrooms. 2. The interior renovation of the existing strip center on the east side of the site. This renovation would largely consist of 8 middle school classrooms, cafeteria, office space, science room, art room and restrooms. Planning Commission Minutes March 14, 2023 Page ? 3. Building addition to the northeast side of the existing strip center. The addition includes a lobby area, restrooms, storage areas and an approximately 5,200 square foot gymnasium. As previously mentioned, the property is zoned B-2 (Downtown Business) and the proposed addition meets all setback and lot coverage requirements in the B-2 zone. 4. Removal of portions of the existing parking lot to create a courtyard to the south of the proposed gymnasium addition along with adding greenspace on the southern end of the existing strip center building adjacent to the right-of-way of Elm Street. City Code requires one parking stall be provided for each classroom plus one parking stall per every 30 students. The use as proposed (school) would require 34 off-street parking stalls. The property currently has 229 off-street stalls within its boundary. With the proposed building expansion and addition of greenspace mentioned above this would remove 33 off-street parking spaces from this site. If the plan were to be constructed as proposed a total of 196 off- street parking stalls would be remaining on site. It is anticipated that with the proposed expansion the total school enrollment will increase to over 500 students. Off-street parking on site is sufficient to accommodate the proposed use. With that being said, please note, that being the site is zoned 8-2 (Downtown Business) it is exempt from the aforementioned parking standards per code. An updated traffic study was performed for this conditional use permit application (see attached). The study indicated that the addition of Middle School traffic will increase the school related site traffic from 179 entering trips and 165 exiting trips to 226 entering trips and 218 exiting trips during the more intense AM peak, As outlined in City Code, 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. The use is listed as a Conditional Use within the B-2 (Downtown Business) zoning district. 2. The proposed use shall not involve any element or cause any conditions that maybe dangerous, injurious or noxious to any other property or person and shall comply with the performance standards listed below. The proposed use will not create any condition listed above. 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. Most of the expansion will take place within existing buildings with the exception of the gymnasium expansion which will be located towards the center of the property. Planning Commission Minutes March 14,2023 Page I 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. Most of the expansion will take place within existing buildings with the exception of the gymnasium expansion. The expansion into the existing strip center will displace four existing businesses. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. This use will utilize existing site accesses along with existing parking areas. 6. The proposed use shall preserve the objectives of this title and shall be consistent with the comprehensive plan. The use is listed as a conditional use within the B-2 zoning district and is consistent with the comprehensive plan, Paul McGlynn — Thanked the Planning Commission for the opportunity to be here tonight. He is the Director of GOA. GOA has been growing very fast and they need to keep up with that. They don't want to come as an intrusion, they want to make this a better place and be part of that growth. Colin O'Neill — GOA Chair of GOA Expansion Committee and parent. His role is to work with Director McGlynn and other school leaders to plan and implement building development and infrastructure to support the school's mission and vision and growing enrollment. They have grown quickly and there is a demand for their school. They have reviewed their options and because they are a "single site charter", the MN Department of Education will not allow them to go multi -site. They are committed to grow where they are. They can not add on vertically so this becomes their only viable option. They would like these spaces ready for the 2024 school year. Construction would begin May/June 2024, Natalie Casper — She is a Lakeville resident and on the GOA School Board. She was thanking the city for being so welcoming and supportive. Two things drew her family to GOA: Mission and vision of the school and focus on virtues that were taught. They also appreciated their emphasis on excellence, academics and character development. Their whole family has discovered a new learning for education at GOA. Cinta Schmitz — She is a teacher at GOA and she currently serves on the GOA Board of Directors. She has taught in several school districts. Her children have been in private school, public school and home schooled. This is the first year of a "Classical" education at GOA. The school is unique. They have a commitment to parent engagement. They stay due to the leadership. The academy opens door to parents to have a voice in educational experiences for their children for years to come. Josiah Cree —They currently have 6 children in GOA. They had been looking at this school for some time. They had concerns about having school in a church and were excited when Farmington welcomed GOA to town. Brandon & Annie Cernoch —They are 10-year resident of Farmington and have 3 daughters enrolled at GOA. Education is their number one priority. When they found GOA, they decided Planning Commission Minutes March 14,2023 Page 4 that sending their daughter to a school in. town would keep them in Farmington. They are coming into Farmington for shopping, playing and dining. They feel that GOA is bringing value to the community. Steve & Carrie Klostermeier (Statement made by Annie Cernoch) —They have been residents for 22 years. They had an opportunity to move out of the community in 2020 and chose to stay and GOA was part of that decision. Their son is learning at his level, not the class level. He will graduate with a class of 50 not 600. Dallas Moeller - He is a parent and on the Board of Directors at GOA. He is a Paraprofessional and substitute teacher for GOA. He was accepted and treated like family by students and staff. He is enrolling his daughters in the next school year, Lindsay Adams — She is a parent and 4th grade teacher at GOA. She has been teaching for 22 years. She has experienced a calm, loving and welcoming environment at GOA. She is proud that they are producing children with virtue, love for one another and others. She is very committed to GOA. The staff is very supporting of teachers, parents and children. Grace Bader — She has been doing research for her family. She contacted GOA for a tour and was very impressed. She is looking forward to being part of the school community someday. Jake Cordes — Has some concerns but, is happy for GOA success. We have a waning commercial tax base and this expansion would displace 4 businesses, possibly outside of Farmington. He would like to board to keep that in mind. Matt Funk — Verizon Owner — 115 Elm St. — Has a lease and franchise agreement. Did a $70,000 remodel in 2022. There is no where in Farmington for him to relocate. He is asking that GOA looks into moving some proposed expansion so they can stay in the strip mall. Jessica Grisholm — Hale Nutrition Owner. Always have been supportive of GOA. They have many customers from GOA. She is asking that they have a plan of action for the displaced businesses. Dana Riste — Synergy Dance owner - She has heard wonderful things about GOA. Her concern is the unknown future of the expansion. The auditorium will block the visibility of her building. She moved to the downtown location for more visibility to potential customers. She is supporting the businesses that are being affected by this expansion. She is very supportive of GOA but, would like the commission to keep these businesses that would be lost, in mind. Eric Queen - Has a child at GOA as well as being on the Board of Directors. He is a public -school teacher. They are grateful that their child goes to GOA. They drive from Burnsville to Farmington and love this school. They are a part of a community with GOA. We understand this affects other people and they would like to help them any way they can. Molly Warren — Mother of 3 and resident of Rosemount. She is also a business owner in Apple Valley. She has a 11t grader at GOA. She understands the commitment that these business owners have made for their business. She would propose a collaborative approach between Planning Commission Minutes March 14, 2023 Page 5 the business owners and GOA with regards to relocation possibility. Their family comes to Farmington and utilizes businesses here. Melissa Taylor —She is an Elko resident and drives her son to Farmington to school. They found GOA in 2020, It has been a blessing for their family. Gordon Schutte — 29 Elm Street — His concern is the traffic. It is getting heavier and heavier and he has trouble getting out of his driveway. He is looking for options for the school day as a type of relief on Elm Street. Sarah Ehlenfeldt — She was told by her sister about GOA. They moved to Farmington so her children could go to school. She has had overwhelming support from the school as well as families, for her daughter who has leukemia. Eric Rice - Was a Farmington resident and a small business owner in Farmington. He was a displaced business owner and had to relocate. He has I child at GOA and an incoming kindergartener. He is also on the board. They left Farmington but, will be coming back and opening an office in May mainly for the increase in traffic. He is encouraging the existing business owners to find new locations within Farmington to take advantage of the increase in traffic. Mike Devney — He has grandchildren that go to the school. He thinks that GOA is a great school. Katie Porter — Farmington resident for 12 years. She has her children at GOA. She wanted to state that these affected businesses have lots of value in this community. Rocco Bachara — New residents to Farmington, Needed to figure out school for their children. They took a tour at GOA and enrolled their son. He wants to speak about community. With that school community there is no more struggle dropping their son off to school. Andrea — Farmington resident. She received her property tax bill and would love to see businesses in this town. Her eighth grader goes to Dodge Middle School and they love ISD192. However, the needs for her second grader were different and he goes to GOA. Richard Chambers — Lakeville resident — He and his wife moved back to MN about 5 years ago. They were surrounded by farmland and now it's all houses. We are on the cusp of urban sprawl. Just had another tax levy for the school district for another school to be added. They choose to bring their children to GOA. GOA is alleviating pressure on the public schools. Morgan Renertz — Eagan resident. — She would drive whatever it takes to bring her child to GOA. If GOA doesn't expand that could change the future of the children. Kate Maahs - She is a Para at GOA. The kids need this school. it is a safe, happy wonderful place. Planning Commission Minutes March 14,2023 Pa at-, 6 Heith Wetzler —Academic Director for GOA— He is one of the founders. The original plan for the school's location was the 35W corridor in Burnsville. They looked and found no options for a charter school. Part of the problem was how Charter schools are regulated. They had a site in Apple Valley but, it fell through. This began as a dream from the parents. They are here as a necessity. They have jumped lots of hurdles to get here, We are here for the community and to collaborate. Most Charter schools fail early on. Government is making it harder to start Charter Schools. Appreciates the welcome from Farmington. Amanda Reiten — Farmington resident and her kids play in Farmington Sports. Her kids go to GOA. It is all about community. GOA holds kids accountable. They do want to collaborate with the businesses. Paul McGlynn - He deeply respects the business owners. We didn't come to this place to displace business owners. They came because there was no other option. If there is a way they can help, they will do it. The truly feels bad and if there was another way they would have presented it. He will be a steward of the community. Thank you for letting GOA be here. Chad — Hale Nutrition — They have nowhere to go. They looked and nothing is zoned for their business or Wengs. They have invested a lot of money in their business and they will lose it. They are a big supporter of GOA they just need to figure out how where they can go and how to recoup the investment in the improvements to the building. Rotty —Thanked everyone for speaking. He wanted to say how professional, courteous, respectful the parents and business owners were tonight. Commissioner Teske — Thanked everyone for coming out and supporting their school. Congratulated GOA on their enrollment . She understands the hardships for the businesses and the increased traffic during school times. They will take this into consideration. Commissioner Windschitl — He is concerned about the businesses. What has GOA done to help the businesses? He feels for the hardships that these businesses may experience. Asked Planning Manager Wippler if this is the only design for the expansion? Wippler indicated that is the plan they received, He didn't know why the expansion didn't go north and speculates its due to the functionality of the space. The building is surrounded by parking lot. There could be potential for design options. No option for building up, the current building would not support that type of addition and would be very expensive. Asked about any additional future expansion beyond this. Colin O'Neill explained that financially, this is their only option. If the CUP is approved, the bonding process would allow them to purchase the site and renovate the retail space. They would likely need additional bonding in the future, to allow them to build the infrastructure to support all the way through 12t' grade. Windschitl asked if their parking lot will be available to residents outside of school hours. Mr. McGlynn said that parking would be available in the evenings. Commissioner Lehto — Her main concern is how we are going to assist the current businesses with relocation and to allow them to stay as long as possible in their current location. She also has concerns about traffic will flow to the dance center and post office. Current bus route goes Planning Commission Minutes March 14,2023 Page 7 down V street and loops around the building and exits onto Elm St. Parent pickup uses the same route, They have staggered parent pick-up time to assist with congestion. She asked about safety in the courtyards. Mr. O'Neill stated they are currently working with LHB for physical security in these areas. She asked about the dance center visibility. Mr. McGlynn indicated they would work with Ms. Riste regarding signage. Commissioner McAbee —Thanked everyone for coming out and speaking. It is a welcome addition to the community. She asked about building in the NW section. Mr. O'Neill stated that has a number of constraints including flood plain, site slope and the drift snow loads that would affect the existing school and the physical space needed for the auditorium. Chair Rotty - Congratulated Mr. McGlynn on everything for the Board of Directors to the parents, Staff and students. Rotty asked about enrollment planning. Mr. McGlynn indicated that they currently have K-6 at this site, They will do a progression generationally and add grades as needed per year. Adding 7t1 grade next year, eighth grade the following year, and so on. They will renovate/build for 830 students. The traffic study had a lower number (576), is because they do a lot of work with education and they know there is a percentage of capacity that a school would normally hit and so they applied the maximum and then they provided for the vacancy in there. Chair Rotty asked when expansion planning began. They started right after school opened in September 2022. Are you planning a K-12 and if so, why not do this all at once? The financial implications are why they can't move forward with the entire plan. Will the school have ownership? A large part of the bonds is what will purchase the school from Wellington. Mr. O'Neill stated the long-term plan is to have 3 sections of K-8 and 2 sections of 9-12 and would have to come at a later stage of bonding. Mr. McGlynn noted that they would like to have a high school (2 stories) which would be the purpose of the second bond. Chair Rotty - What conversations has Wellington, lease holder/owner, had with the tenants that will be affected by the expansion? GOA has not been in these discussions. Rotty shared a letter from the Board of Directors indicating that "this places a new hardship on the local businesses and retail building. We are empathetic to this and will commit to providing a generous amount of time for the current tenants to find a new location. We want all parties to be successful". Chair Rotty referenced the letter by Mr. O'Neill "I also want to be abundantly clear that we will give the retail tenants a very generous amount of time of advanced notice ahead of when we would need to start construction, We understand the impact this will have on them and will do everything we can to succeed in new locations.". Chair Rotty said that some of the tenants didn't even know about this meeting. Mr. ONeill explained that they were asked not to speak to the tenants directly. Chair Rotty mentioned, with regard to GOA timeline, you stated you would give them a "generous amount of time" to find new locations. He thinks it's a great plan but, he agrees with others on the commission and in the audience. There have got to be resources that can help these businesses. Chair Rotty stated that GOA has to help these businesses with relocation. Mr. O'Neill stated the timeline for bonding is, entering into the bonding market in May with closing at end of May or early June. Once they have that in place, they can help these businesses. The building timeline would begin in June 2024, They would have one year to assist the tenants. Chair Rotty asked Mr. O'Neill if there was a "time crunch" Planning Commission Minutes March 14, 2023 Page 8 to make a decision this evening. He indicated that as far as the next school year goes, they will be tight. They would like to utilize the @Bat portion starting this fall. Without that space, they may not have enough classrooms for this fall. Without bonding, in the fall 2024 they would be without space and may have to "cap' enrollment. Mr. McGlynn noted there is an urgency for them with the bonding to renovate the @Bat site and to get going on the gymnasium. They need the CUP approval before they can go out for bonding. Their realtor, Rick Nelson could help in finding locations for these businesses. He noted that GOA does not have financial resources to help the businesses. Chair Rotty asked Planning Manager Wippler if they would need a full CUP to get their bonding. Mr. McGlynn answered they would need a full CUP for their bonding company because they are looking at enrollment potential, They can assist the businesses with services of their commercial realtor and working within their family community network to look at possibilities. Member Rotty expressed his disappointment that the was no representative from Wellington to discuss and provide some answers. Commissioner Windschitl supports the school but, also the businesses. He feels we need to come up with a happy medium. Commissioner Lehto asked Mr. Nelson if he has identified any potential properties that these businesses could consider. He has a commercial database similar to residential listings. He has seen some options but, they weren't allowed to talk to the businesses about them. He can't guarantee that if he found something today, it would still be available in a year. These things "ebb & flow". If we were to see a recession, spaces do tend to open up, Construction wouldn't begin for approximately 5 months, for the retail space. He indicated that discussions with Mr. McGlynn, Mr. O'Neill and himself regarding the closing for June, no one would get a notice stating you'd be out in 30 days. There is a strong willingness from the school to be a good neighbor and to assist these businesses. He is not saying that Wellington is the "bad guy" but they are looking out for their interests. Commissioner Teske supports the school knowing that they have to work to get the businesses new locations. Commissioner Windschitl he supports the school but he can't necessarily support this without having something in mind for the businesses. They have been here longer than the school. He feels that they can't abolish them write off the business's investments. Commissioner Lehto — supports the school but, the businesses are just as important. Could we table this? Chair Rotty indicated no decision needs to be made tonight. The commission can take action or continue if they would like additional information or time to consider the proposal. Commissioner McAbee — She is very impressed by the school. She doesn't feel it would be right for the business owners, if the approved the CUP tonight. Chair Rotty — He is not going to let this die. If a vote was taken tonight, he doesn't believe it will pass. He asked Mr. McGlynn if he can wait 30 days. MrGlynn responded, yes. They need to make this happen. Chair Rotty wants a plan on how can WE help these businesses know where Planning Commission Minutes March 14,2023 Page 9 they're going, Mr. McGlynn asked what would be different by waiting 30 days, Chair Rotty stated he wants a representative of Wellington at the next meeting. He feels they are responsible as they hold the leases for the tenants. Chair Rotty would support the school but, he doesn't want to have the Planning Commission make the decision which displaces the businesses. If some commissioners want 30 days to consider this he feels it is necessary to give it to them. He does not believe it would pass tonight if it went to a vote. Mr. Glynn noted to retreat from this plan would ultimately be a closure. Chair Rotty asked for the bonding timeline. Mr. Nelson indicated that they needed a site plan and the school needs to demonstrate the growth and viability of the school. If there is no CUP there is nothing. Piper Sandler is the bonding company they are working with. If everything moves forward, their preparation timeframe is generally about 90 days from the time the school says "go" and another 30 days for the bonding company to issue the bonds. Once the bond is funded they would acquire the site and move forward with the renovation of @Bat. Mr. Nelson and Mr. McGlynn stated nobody would be asked to vacate their space for another 15 months. Member Rotty indicated that he would still like to see a plan for the displaced businesses. Commissioner Lehto asked if they could add to the "approval" that they would like to see a more concrete plan. She could be convinced to vote for it if they had assurances that they would be working more closely with the businesses. Mr. McGlynn stated he doesn't want to agree to something that is vague. He is looking for specifics from Commissioner Lehto so he can agree to something he can do. She stated that once they are the property owner, make sure that the commission has a concrete plan of how they are going to go about assisting the businesses as well as communication and timeframes with the leases. Mr. McGlynn stated he "could fully commit to that". Commissioner McAbee appreciates that they have the knowledge of the leases and committing to the time lines helps her. Commissioner Windschitl wants to ask the businesses people. Jessica Grisholm of Hale Nutrition has dropped over $70,000 of their own money into their building. She doesn't care when they are relocated she wants to know who is going to pay for a new buildout. She said she knows that GOA doesn't have the money to do everything they want so they need to get funding. it's not an option for the business owners. There are only 4 businesses involved and Verizon guy asked why not leave that end of the retail space alone until they need it. Mr. McGlynn indicated that they will need the entire building. If they are talking about a delayed response, they could talk about it. Mr. O'Neill answered that in order to bond they need the enrollment to demonstrate that have the space for the students. Mr. Nelson noted that the building on the north side of the site has vacancy and perhaps that could work for the businesses. Chair Rotty pointed out that the business owners and GOA were actually having a good discussion with the potential owner of the property. He feels better thinking they may have better options with GOA than dealing with Wellington. Planning Commission Minutes March 14,2023 PACYP, I n Commissioner Windschitl asked if they can move the gym portion more to the north allowing the businesses to remain? Mr. O'Neill indicated that building new is more expensive and they don't have the funds available with this funding. Commissioner Windschitl asked about building the gymnasium if the green space being proposed, could be used for additional classrooms. Mr. McGlynn indicated that there is just no more available funding and they have "taken it to the penny". Mr. O'Neill said they looked at every option available. Commissioner Lehto, what happens if the bonding doesn't go through? Mr. Nelson replied that if the bonding wouldn't go through it's because the market is poor at that particular time. The market may be pushed back by 30-60 days. The Piper people feel this is a bondable project. If they market isn't good in May they try again in July. Commissioner Windschitl would still like to think about this for 30 days. Motion made by Windschitl to continue public hearing until the April 11th Planning Commission meeting, second by McAbee. Voting for: Windschitl, Teske. Lehto, McAbee. Voting against: Rotty. B. Request for a Conditional Use Permit to Allow the Construction of a Utility Hut within the I — Industrial Zoning District —Jared Johnson, Planning Coordinator, presented the request by Arvig to construct a utility but in the I -Industrial Zoning District located at 5000 2081h St. W. in the Farmington Industrial Park. They are looking to expand their fiber services. Currently on this site is a power sub -station owned by Xcel Energy and they have signed off on the request to build the utility hut. The utility but would be approximately 336 square feet located at the NW corner of the site. It will be placed in this location to tie into existing utilities on 208th Street. A condition of the CUP is that a license agreement with the Farmington EDA would be required to allow access for Arvig to place utilities through the land to 208th St. W. The CUP requirements have been met. Motion by Windschitl, second by Lehto to close the public hearing. APIF, Motion Carried. Motion by McAbee second by Teske to approve the Conditional Use Permit on the condition that they receive the agreement from the Farmington EDA to allow access to the site. APIF, Motion Carried. C. Variance Request for Minimum Lot Size within the A-1 Zone — Patrick & Dawn Denney - Planning Manager Wippler noted that the minimum lot size in the A-1 zone is 40 acres. The northern area is Tract B Registered Land Survey No. 66. (14-63190-00-022) is 63.97 acres and they are proposing to split off 18.033 acres. The southern portion Tract G Registered Land Survey No. 66 (14-63190-00-070), is 153.1 acres and they are proposing to split off 1.967 acres. The split of the parcels is necessitated due to the Devonshire's Farms general partnership is being dissolved and as part of that the 20 acres (18.033 acres and 1.967 acres) is payment due to Patrick & Dawn Devney as part of that transaction. The existing parcels after the split will still be over the minimum 40 acres. The variance itself is for the 18.033 and 1,97 acres and we would be requesting that if the variance is approved, they be combined into one PID as one 20- acre parcel. The zoning for A-1 was amended in May 2002 from one acre to 40 acres. There Planning Commission Minutes March 14, 2023 Page I I have been several variances from the minimum lot size since the code changed, All conditions of the variance have been met. MOTION by Teske second by Lehto to close the public hearing, APIF, MOTION CARRIED. MOTION by Lehto second by McAbee to approve the variance with the condition that the property would be combined as one parcel and the Devney's apply for a Waiver of Plat, APIF, MOTION CARRIED, 4. DISCUSSION Planning Manager Wippler introduced Jared Johnson, Planning Coordinato,"A Respectfully submitted, Sue Miller Administrative Assistant