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HomeMy WebLinkAboutMinutes 7-14-20Planning Commission Minutes Regular Meeting July 14, 2020 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty, Franceschelli, Lehto, Tesky, Windschitl Members Absent: None Also Present: Tony Wippler, Planning Manager 2. Approval of Minutes a. MOTON by Franceschelli,second by Tesky to approve the minutes of June 9, 2020. 3. Public Hearings – Chair Rotty opened the public hearings a. Application for Variances from the Required Setbacks for Placement of Three Vacuums – The Farmington Car Wash- 8 Eighth Street Mr. Eric Barke has applied for a variance to reduce the required setbacks for the placement of three vacuums near the northeast corner of the Farmington Car Wash property to assist traffic flow on the site. There is a required setback of 10 feet from the side property line and 50 feet from the front property line. The applicant is requesting the three vacuums be placed adjacent to the property lines, with zero setback. The criteria for a variance have been met. Contingencies for approval are: 1. The applicant must obtain the necessary electrical permits for the vacuums. 2. The applicant must ensure that a minimum of a 20 foot drive aisle is accommodated with the proposed placement of the vacuums on the north side of the car wash building for emergency services. 3. No portion of the vacuums and/or supporting structures shall be allowed to encroach upon any adjacent property or right-of-way. The noise from the vacuums should not be a concern as there are no adjacent properties and there is a 6-foot privacy fence to the north. MOTION by Franceschelli, second by Lehto to close the public hearing. APIF, MOTION CARRIED. MOTION by Franceschelli, second by Tesky to approve the requested variances with the above contingencies. APIF, MOTION CARRIED. b. Preliminary and Final Plat, Site Plan and Variances – Vermillion Topside Apartments The applicant is Michial Mularoni of Mularoni and Company and the owner of the property is Anthony Verch of HC Revolutions Inc. The property is located at 20725 Cascade Drive, east of Roundbank and south of CR66. They propose to construct a 52- unit apartment building, Vermillion Topside Apartments. The Dakota County Plat Commission met on June 10, 2020, and approved the preliminary and final plat. The building will be a general occupancy, market rate apartment complex. The property is zoned R-5 and apartment buildings are a permitted use. The building would be located Planning Commission Minutes July 14, 2020 Page 2 towards the west side of the lot with access coming from an existing curb opening on Cascade Drive. An above ground parking lot would be on the east side of the building adjacent to the existing storm water pond to the east. Underground parking will also be utilized. A total of 88 parking stalls are shown. This includes 31 stalls above ground and 57 stalls underground. The underground parking will be accessed from the south side of the building. A stairwell to the underground parking will be provided at the northeast corner of the parking lot. Per code, a total of 130 off-street parking stalls are required based on the number of apartment units proposed. The applicant is requesting a variance from this requirement. The proposed building meets the setback requirements. The overall height of the building is 56 feet. The R-5 zone allows for a maximum height of 45 feet. This will require a variance. Two variances are being requested. One from the off-street parking standards which require 2.5 off-street stalls per dwelling unit. With 52 units, 130 parking stalls would be required. The applicant is proposing 88 stalls. This is a reduction of 42 spaces. The second variance is from the maximum height requirement in the R-5 zone which is 45 feet. The proposed building would have a height of 56 feet. The additional height is to provide a rooftop deck that includes a pergola and gathering space for the tenants, as well as a dog area. This would require a variance of 11 feet. The criteria for variances have been met. Residents asked about submitting a petition to stop the construction. Staff explained the property is zoned R-5 and apartments are a permitted use. Chair Rotty explained the commission is not a political body and they look at whether a project meets zoning requirements. Residents asked if there will be a new access to TH3 and what are the plans for ingress and egress. Staff stated there will be a roundabout on TH3 at CR66 within three years. There will be no modifications to Cascade Drive. Member Tesky was concerned with the lack of parking. Will tenants rent spaces or is a space provided per unit? Mr. Mularoni stated they charge for heated underground parking. The requirement of 2.5 spaces/unit seems excessive. The parking code is based on two-bedroom units. Most of these are efficiency or one-bedroom units. The bedroom count is 64 x 1.25 spaces = 80 spaces. Member Tesky asked regarding the height, could we reduce the height of the building and reduce the number of units? Mr. Mularoni stated the apartments are called topside because of the developed rooftop as a gathering space. The have to have an elevator for the rooftop. Doing a four-story building would meet the height requirement except for the elevator. Member Windschitl asked if there was any reason for the stairway other than to access the underground parking from the outside. Mr. Mularoni stated it is required by code. Member Windschitl suggested removing the stairway and have a door on the west side for the underground parking. Mr. Mularoni explained the lower level has to have two exits within the travel distance. Member Windschitl stated if tenants opt out of underground parking they have to park outside. Staff stated parking is allowed on Cascade Drive. Mr. Mularoni stated there are 22 spaces on the south side and 16 spaces on the north side of Cascade Drive. Staff noted there are winter parking restrictions for Planning Commission Minutes July 14, 2020 Page 3 parking on the street. Member Windschitl was concerned with parking on both sides of the street for emergency vehicles. Member Lehto asked about the amenities on the roof and hours of operation. She could see noise complaints. Also, are there restrictions to the number of animals allowed on the roof at one time? Mr. Mularoni stated yes to all. There are tables, chairs, a fire pit and grills. The canine turf drains to the roof drain. There is a 42” guard rail all around the rooftop. There are hours of operation. Member Lehto asked how many units are ADA compliant. Mr. Mularoni stated four as required by code and there is ADA parking available. Member Franceschelli stated we don’t need a dog park and amenities on the roof. Cut off the rooftop and meet the height requirements. Get rid of the storage underground and add more parking. Chair Rotty asked if there will be a right-turn and bypass lanes? Yes there are on Cascade Drive. Chair Rotty noted the pond to the east and asked if the lot and building storm water drain there. Mr. Mularoni stated they have a storm water management plan. They made a couple surveyor changes and it was reviewed by engineering. Chair Rotty asked if it was possible to expand the parking lot to the east? Staff replied no. They are already close to the 10-foot setback and would run into the city outlot after that. Chair Rotty stated the parking code might be on the strong side, but that’s what it is. He asked if they have a plan for more parking? Mr. Mularoni asked how many bedrooms per unit the city parking code is based on? The code is 2.5 spaces/unit which is over for one bedroom and under for three bedrooms. Member Franceschelli stated the code says 2.5. That is what we have to deal with. Staff stated the comp plan will be reviewed regarding off-street parking standards. We don’t know what the recommendation will be. Based on other cities, 2.5 is on the high side, but that is the current code. Chair Rotty asked where would guests park? He is not hearing a plan for parking expansion. A resident noted there is already a cluster with the townhomes parking on Cascade. Another asked if there will be multiple buildings. There will not. Another asked if the pond will be filled in. No. A resident asked which department should they send a petition to against this? Staff stated a petition would not do anything. The building is a permitted use. We are looking at height and parking variances. Mr. Verch stated he plans to talk with Roundbank to see if some of their parking spaces could be rented at night and weekends. They have 32 spaces. Chair Rotty stated if we went from 2.5 spaces to 2 spaces/unit, that would be 16 more spaces, but that still would not work without a variance. What if the tenants have two vehicles? Parking becomes a city and resident issue. Mr. Mularoni stated to rent 16 spaces from the bank is reasonable. Chair Rotty stated they will not push the problem onto Cascade Drive. Staff stated they are comfortable with what is provided if they can Planning Commission Minutes July 14, 2020 Page 4 work something out with the bank that would ease the concern for 16 spaces. As far as parking on Cascade, that should not count towards the required spaces. Commission members agreed to deny the plat until the parking is resolved. Staff will review changing the pond outlot. Mr. Mularoni stated if they can get a 15-foot variance on the side of the pond they could get 8 more spaces and move the stairs to the other side. MOTION by Franceschelli, second by Tesky to continue the public hearing for the plat, site plan and variances to the September 9, 2020, meeting. APIF, MOTION CARRIED. c. ONG Auto, LLC – 315 Pine Street Possible CUP Revocation and Application for CUP Amendment The last meeting this item was discussed was May 31, 2020. Staff continues to receive complaints regarding the condition of the property, vehicles parked and stored off hard surfaces and on the boulevard and the street used for loading and off-loading of vehicles. Also, the fence is still not fully installed. Mr. Vdovchenko’s attorney has requested a 90- day extension to finalize a purchase agreement for the adjacent lot. Staff provided the commission with two options; revoke the CUP for 315 Pine Street or provide a 90-day extension. Mr. John Clay, realtor, stated the issue came with the March pandemic shutdown. They received pre-approval for a loan from the bank, then the financing was pulled. They have since received a loan to refinance and purchase the adjacent vacant lot allowing more room for the sale of vehicles. Chair Rotty stated the commission has had several discussions with Oleg. There are still cars everywhere. Neighbors continue to complain. He needs to do what we ask of him. Member Windschitl stated he understood the circumstances with the shutdown, but there are continuous complaints. How many more chances do we give? Mr. Clay stated they are trying to obtain enough property for the business and clean up the lot. Member Windschitl asked why nothing was taken care of since the last meeting. Member Lehto understood meetings were extended because of Covid. Member Franceschelli asked what is the average time to prepare Findings of Fact? Staff stated until about one month, until the next meeting. Member Franceschelli stated with Mr. Clay’s comments, Oleg may be motivated to move forward. He suggested letting the city attorney prepare Findings of Fact and give Oleg that month. Chair Rotty stated we have to have a motion and why for the city attorney to prepare Findings of Fact. Staff stated we need a motion for denial to do that. Member Tesky understood with the Covid situation now, its difficult to get things done. Chair Rotty suggested continuing the CUP for 90 days; it has already gone on for three years. Staff should continue CUP enforcement and follow up on complaints. There is no guarantee of approval. MOTION by Tesky, second by Lehto to continue the CUP for 90 days. APIF, MOTION CARRIED. Planning Commission Minutes July 14, 2020 Page 5 4. Discussion a. Fairhill Estate at North Creek 3rd Addition Final Plat M/I homes is proposing to plat 36 single family lots in Fairhill Estate at North Creek 3rd Addition. They have increased the number of lots by four. Crystal Terrace will be extended into the 3rd Addition from the 2nd Addition. Crimson Way and Crocus Place will be constructed off of Crystal Terrace. Sidewalks will be installed on the east side of Crystal Terrace and the south and west sides of Crimson Way. Staff recommended approval with the following contingencies: 1. The satisfaction of all engineering comments related to the construction plans for grading and utilities. 2. A Development Contract between the applicant and the City of Farmington shall be executed and security fees and costs shall be paid. Submission of all other documents required under the Development Contact shall be required. Ms. Lauren Grouws, M/I Homes, stated they were able to add more lots because they changed all the lots to 40 feet wide to meet demand for that size. All lots are slab on grade because of the water level. MOTION by Lehto, second by Windschitl to recommend approval of the Fairhill Estate at North Creek 3rd Addition final plat with the above contingencies. APIF, MOTION CARRIED. 5. Adjourn Staff noted the next meeting will be August 12, 2020. MOTION by Franceschelli, second by Tesky to adjourn at 8:51 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Cynthia Muller Administrative Assistant