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HomeMy WebLinkAboutMinutes 5-11-21Planning Commission Minutes Regular Meeting May 11, 2021 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 April 13, 2021, regular meeting and April 20, 2021, special meeting. APIF, MOTION CARRIED. 3. Public Hearings – Chair Rotty opened the public hearings a. Conditional Use Permit for Auto Repair, Major Use within the B-2 Zoning District – Armando Gutierrez – 310 3rd Street Mr. Gutierrez has rented space at 310 3rd Street for purposes of moving his auto repair business from 705 8th Street. The applicant has signed a lease and already started working out of the premises. The property owner as well as the applicant has been informed they cannot work there until approval is given by the Planning Commission and that approval is not guaranteed. They have been notified by two letters and verbal notification to stop working at that location. As of today, they continue to work there. With the 705 8th Street property there were a number of issues including zoning code, building and fire code issues. The 310 3rd Street property is zoned B-2 (downtown business) and auto repair is a conditional use in that zoning district. A conditional use has to meet six criteria. The business does not meet four of the criteria including creating potential dangerous, injurious and noxious situations; the site is at the entrance of downtown and the 2016 Downtown Redevelopment Plan identifies this site as a redevelopment site for a mixed use building (commercial/residential) which would be more harmonious with adjacent properties. The use will not produce a total visual impression and environment which is consistent with the environment of the neighborhood; the site is constrained for off-street parking and vehicles would likely be kept outside of the building. Staff recommended denying the conditional use permit based on not being able to meet all of the criteria. Mr. Edgar Orozco, one of the applicants, stated he was surprised the recommendation is to deny the permit. The building has been there for a long time and it was built to be a garage. They are asking for a chance to meet the criteria and not judge them by the previous owners. They would like the application approved and given a chance to meet the criteria. Mr. Gutierrez has owned a car business here for five years and has not had any issues with the city. He will comply with the city’s requirements. If the application Planning Commission Minutes May 11, 2021 Page 2 is not approved, he will have to file for bankruptcy. He has a family to feed and bills to pay. He wants to run his business and pay his bills. He will make sure everything stays clean, not like the previous owner. They have paid their taxes and have tried to comply with the fire inspector. They passed their last fire inspection. The conditional use permit for this building was removed because the building was empty. Chair Rotty asked if Mr. Gutierrez still owns the business on 8th Street and is it still in operation. Yes, just as a dealership, not auto repair. Chair Rotty clarified the auto repair part is being transferred to this location. Mr. Steve Hobbs, owner of Farmington Bakery, 212 Oak Street, brought some pictures taken today of the 8th Street property. The bakery business is a lot of people walking around Farmington. If these pictures show what will be at that location, he is not in favor of it at all. It looks like a junk yard. He would be fine for auto sales, but not cars torn apart and disabled. Member Franceschelli stated he drove by the operation today and noticed unlicensed vehicles parked in front of the garage doors. This indicates you have an auto sales operation and asked if they are selling cars out of this site. Mr. Gutierrez sells cars at that location, but there would not be car sales at the 3rd Street location. Member Franceschelli asked how he gets the unlicensed vehicles from the auto repair to the sales lot. By tow truck. Member Franceschelli asked how they handle the mess, such as used transmission fluid, oil, are there tanks, is there spill containment. Mr. Gutierrez stated that is why he wants to do things correctly. During the pandemic he stopped his business for awhile and plans to do this correctly and that is why he was looking for a bigger place. He will hire a company to remove any used oil from the site. Member Franceschelli asked how they plan to store it until it is removed from the site. Mr. Gutierrez stated there is a room that can be used for storing the proper tanks. Member Franceschelli asked if they use donor vehicles to cannibalize to fix the ones that come in for repair and what do you do with the carcass. Mr. Gutierrez buys new parts. Member Franceschelli asked if parts are stored outside or inside. This building is much bigger so he can place a container inside the building to hold parts. Member Franceschelli asked if no outside storage can be made a condition. Staff confirmed it can. Mr. Gutierrez stated if you give me an opportunity you will not have any complaints about me. Member Tesky asked about the length of the lease. Three years. Member Tesky asked if there are any penalties with not having a conditional use permit and still operating. Staff stated there could be citations issued. Member Tesky stated her concern is the visibility of that building and the potential for things piling up on the site. It is a gateway into our community and we want that to be respectful to the surrounding area. Mr. Gutierrez stated he will make sure it stays clean and there will not be any complaints. Member Windschitl stated with redevelopment of Farmington we don’t want an eyesore there and no one does for the existing businesses and other opportunities that may exist throughout downtown. His major concern is the city has already told you to stop work and it continues. What is to say that won’t continue with vehicles being left out, tires Planning Commission Minutes May 11, 2021 Page 3 laying around, fluid leaking, etc. Will there be a fence for cars? Leaving cars outside, there is a chance they will get damaged and will bring a crime of opportunity. He is not pleased that they are continuing to work there after being told to stop. Mr. Gutierrez stated right now he has two or three vehicles outside. The plan was to remodel the inside and when he was told to stop, he was not able to continue to fix the inside. If given the opportunity, he will not have an y vehicles outside. Member Windschitl asked if the code issues have been addressed. Mr. Gutierrez replied yes. Staff confirmed fire code issues have been resolved. Most of the issues were at the 8th Street property. Member Windschitl appreciated they already had a business in town, but there are some underlying issues with the 3rd Street property and what is going on there now. Member Lehto addressed the issue of parking. Already tonight, there is limited parking on the street and that is one of the conditions. She asked how the parking would be addressed and would they push vehicles onto Third Street. It is already very tight parking in that area. Mr. Gutierrez plans to keep the two businesses so customers don’t have to use the parking lot. He wants to keep the area clean. Member Lehto clarified so there would not be any off-street parking and it would all be contained on your lot. Mr. Gutierrez confirmed that is correct. Member Lehto asked how many parking spaces are on the lot. Staff was not sure. Mr. Gutierrez stated there is plenty of room on the lot and he will not have parking on 3rd Street. Mr. Gutierrez stated they have already started painting the outside of the building to make it look better. They want to rent out the rest of the building to make money. They want to make the building look better for the community. Chair Rotty stated it is unfortunate you signed the lease for this building. He recalled when they opened the 8th Street business and the property owner came to the commission. It comes down to not all locations are good for auto repair and this happens to be one of those locations. He agreed with the business owners. This isn’t the right location for this type of business especially coming right into Farmington. He appreciated having their business in Farmington and its unfortunate they signed the lease. This is not the location for a major auto repair business and it won’t be in the future. It would impact the other businesses in the downtown. He will not support this. MOTION by Windschitl, second by Lehto to close the public hearing. APIF, MOTION CARRIED. MOTION by Franceschelli, second by Windschitl to deny the conditional use permit application as he cannot overcome the obstacles he is facing right now to be a viable business and to enhance the community. Chair Rotty referenced the CUP criteria numbers 2,3,4 and 5 as reason for denial and instructed staff to prepare Findings of Fact. APIF, MOTION CARRIED. Chair Rotty informed Mr. Gutierrez that he can appeal this to the City Council if he wants. It needs to be done within ten days from tonight. Planning Commission Minutes May 11, 2021 Page 4 b. Variance Request from the Required Side Yard Setback within the R-1 (Low Density Residential) Zoning District for Place of Shed within Setback The applicant is ISD 192. They are requesting a variance from the required side yard setback requirement of the R-1 zoning district. There are three baseball fields on the northeast corner of Highway 50 and Akin Road. The baseball association is proposing to install a shed near the larger field at the north end for storage of equipment for the baseball program. There is a six-foot required side yard setback. The shed would be 288 sq. ft. and does require a building permit. The shed will be located along the right field line of the largest field. A concrete slab was installed in early 2020 by the school district in anticipation of constructing this shed at this location. At that time, the school district did not know the location of the property line. The shed would be 4 inches from the property line. The variance request would be for 5 ft. 8 inches. There are nine criteria that need to be met. Three of the criteria are not met; there is adequate space on this property to construct the shed in a different location; because of the size of the site, there is adequate room to meet the required setbacks in another location; the applicant did create the hardship for the variance request by not being aware of the property line and constructing the cement slab. The Planning Commission can deny the variance application based on the request not being able to meet all of the criteria, specifically #1,4 and 5. Or approve the variance allowing a 5 ft 8 inch variance to the side yard setback for the purpose of constructing a storage shed. Chair Rotty asked about the property to the north. It is a wetland area owned by the city. Mr. Dan Miller, ISD 192, stated he and the athletic director were approached by the baseball program and the youth association to construct a shed at the varsity baseball field. There is a small shed along the east side that is dilapidated. Significant improvements have been made to the site and the biggest obstacle is the ability to store clay material, ag lime, etc. The school district gave them permission to proceed and they did not cross all the T’s and dot all the I’s before starting. Upon being made aware of the problem, the school district had the property surveyed and the property line is in a different location than they thought. Member Tesky asked if the purpose of the shed is storage of equipment and materials for the field. Mr. Miller replied yes. There would be no concessions. No electricity would be run to the shed. Member Tesky asked who is doing the work and if it would be high school construction classes. It would be good exposure for them. Member Windschitl asked if the old shed will be taken down. Mr. Miller stated it may fall down. Member Franceschelli stated good intentions and mistakes were made, but it does not have an adverse impact on anyone else to proceed with the variance. Planning Commission Minutes May 11, 2021 Page 5 Member Lehto asked if another location for the shed had been identified. Mr. Miller replied no. A lot had to do with proximity to the field and the home dug out and access to materials to maintain the site. Chair Rotty believed there was no ill intention. He asked about the property to the north, because if it was owned by a home owner, or business and the use was not wetland, he would not support it because you would be infringing on that property owner. It is fortunate the property is owned by the city and it is a wetland. He will support it for that reason. Mr. Dan Simon, 18 Pine Street, had no problem with the shed, but the old shed needs to be torn down. MOTION by Tesky, second by Windschitl to close the public hearing. APIF, MOTION CARRIED. MOTION by Franceschelli, second by Tesky to approve the variance request allowing a 5 foot 8 inch variance to the side yard setback within the R-1 zoning district for the purposes of constructing a storage shed contingent upon obtaining all necessary building permits. APIF, MOTION CARRIED. c. Site Plan and Variance Request – ABW Holdings, LLC (HOBO) 5140 211th Street W The applicant, HOBO, is proposing to construct a 21,600 sq ft building for their operation on the property. HOBO is a manufacturer and marketer of carwash chemicals. They currently occupy and own the existing building to the east located at 21205 Eaton Avenue. The new building would be a stand alone building for expansion of their operations. It will have a large open floor plan with two restrooms. The building is oriented north and south with the front facing CSAH 50. Off-street parking will be located to the south. A total of 21 off street parking spaces are shown. Additional paved area is to the north end of the site which allows for access to the four dock doors and two overhead drive in doors. The off-street parking meets the requirements. The property is zoned IP (industrial park). All setbacks exceed the minimum required setbacks. The lot is 2.01 acres and the proposed lot coverage (building only) would be 24.72%, so well below the maximum allowed. Total coverage (impervious surface) is proposed at 67.4% of the lot. According to city code it should not exceed 65% of the building site. The variance is for the 2.4%. The west side of the site will contain two storm water facilities. A storm water maintenance agreement will have to be executed and recorded for the storm water facilities to be constructed. Access to the site will be from 211th Street W. Shared access with the adjacent property to the east is near the northern and southern boundaries of the site. A one-way drive aisle is shown on the east side of the building to allow access to the off-street parking located on the south end of the building. Access out from the off-street parking area would require traveling through the adjacent property to the east (owned by the applicant). A cross access easement agreement will have to be executed and recorded to ensure the allowance of traffic through and across the two separate parcels. Planning Commission Minutes May 11, 2021 Page 6 The commission shall not approve any variance unless they find practical difficulties as defined in city code. All nine criteria have been met. Staff recommends approval of the site plan and variance request subject to the following: 1. A sign permit application shall be required for any signage to be placed on site. 2. The applicant shall obtain all necessary building and fire permits that may be required for the establishment of the proposed use. 3. A cross access easement agreement will have to be executed and recorded between lots 3 and 4, block 3 Farmington industrial park. 4. Execution of the Storm Water Maintenance Agreement. Mr. Connelly, applicant stated the single lane road to the side put them over the threshold and required the variance. It takes a long-time vacant lot and puts an attractive building there to complete the Highway 50 frontage. Member Windschitl confirmed there will be no office space and two restrooms inside. The applicant stated it will be a shipping area. Chair Rotty asked if any noxious chemicals will be stored. The applicant stated fire and spill containment is taken care of. There have been discussion with the deputy fire chief. Mr. Connelly agreed with the four conditions. MOTION by Tesky, second by Lehto to close the public hearing. APIF, MOTION CARRIED. MOTION by Windschitl, second by Franceschelli to approve the ABW Holdings, LLC site plan and variance request subject to the four conditions. APIF, MOTION CARRIED. d. Dakota Meadows Schematic PUD Plan and Comprehensive Plan Amendment and Rezoning The property is located east of Denmark Avenue and south of St. Michael’s Church and Dakota Electric Association. This item was continued from the April 13 meeting. The property consists of three parcels totaling 41 acres owned by the Adelman Family Beanfield Limited Partnership. The property consists of cultivated farmland with six aces of wetland on the south side of the property. The property is zoned R-3 (medium density residential) and is guided for medium density residential and park/open space in the 2040 Comprehensive Plan. The schematic plan shows 110 single-family lots spread over the 41 acres for a net density of 3.6 units per acre. The applicants are requesting rezoning of the property to R-2 (low/medium density residential) and amending the 2040 Comprehensive Plan use from medium density residential and park/open space to low medium density residential. The plan shows 50 lots would be 45 feet wide and 60 lots would be 55 feet wide. A 2.1 acre park is located near the southeast corner of the development. Trails are along the east side of Denmark Avenue and along the northern and southern boundaries of the development. The portion of trail on the northern boundary identified as future trail by others can be removed as it is located on property owned by the railroad. Planning Commission Minutes May 11, 2021 Page 7 Access is proposed from Denmark Avenue. A secondary emergency access is proposed towards the southern end of the development near the wetland area. The secondary access would consist of an enhanced trail section that would provide emergency access in and out of the site from Denmark Avenue to the internal cul-de-sac. The emergency access would have to be gated and closed to motorized vehicles of the general public. Dakota County has noted the accesses would be acceptable. There are three road stubs, one to the north owned by the Dakota County CDA, one to the south, owned by Bernard Murphy Farms LP and one near the northwest corner of the development. All roads will be public streets. Staff recommended approval of the Schematic PUD Plan, rezoning and comp plan amendment. Mr. Manley, applicant, had nothing to add and thanked the commission for meeting in person. Member Franceschelli was glad the continuation allowed for a revamp of the plan. He asked staff what happens if the county plat commission says no. Staff replied that could happen, but as this is a schematic plan there is plenty of opportunity to amend it. Based on discussions with the county, it was fine with them. Member Franceschelli would like this to be a condition as there is a possibility. Chair Rotty stated now that the future trail will wander to the north and stop, is there a possibility it could be brought back out to the road. Staff noted there is a connection to the north that is very small on the plan. He appreciated the developer adjusting the plan. MOTION by Windschitl, second by Tesky to close the public hearing. APIF, MOTION CARRIED. MOTION by Franceschelli, second by Lehto to recommend approval of the Schematic PUD plan for Dakota Meadows, the rezoning from R-3 (medium density residential) to R-2 (low medium density residential) Planned Unit Development and Comprehensive Plan Amendment from medium density residential and park/open space to low medium density residential with contingencies. APIF, MOTION CARRIED. e. Comprehensive Plan Amendment and Rezoning – River’s Edge Development This is located south of Fire Station 1 on Denmark Avenue. The applicant is Hunter Homes, LLC. The schematic plan provides for 281 attached townhome units spread over 68 acres. There was previously some discussion about adding another access off of Denmark into the development. After discussions with the county, they were not in favor of adding even a secondary restricted access. Mr. Manley has revised the schematic plan showing a cul-de-sac going north versus having a secondary access off Denmark Avenue. The property consists of three zoning districts and comp plan guidances: - The northern and central part (27 acres) is zoned parks and open space and guided as park/open space. Planning Commission Minutes May 11, 2021 Page 8 - The western portion (15 aces) is zoned R-3 and guided as medium density residential. - The eastern portion (26 acres) is zoned R-5 and guided high density residential. The applicant is requesting a rezoning and comp plan amendment to rezone and re-guide the eastern 26 acres from R-5 to R-3 and high density residential to medium density residential, respectively. The comp plan amendment is also to change the anticipated develop staging from 2040 comp plan to 2020-2030 for the entire 68-acre parcel. Mr. Manley stated it was good working with staff to fine tune the plan. A bigger road was extended through the development. A resident of 220th Street, asked if the development would have influence on developing a better road. Staff stated that road would have to be upgraded as access is provided from that road. The upgrade would be to the access to 220th Street. The resident hoped it would be upgraded to the river. When the property to the west develops, then the road would be upgraded further. Chair Rotty asked about the timing for this project and Dakota Meadows. Mr. Manley stated they will start grading in August. The entrance off of Denmark Avenue will line up with the south entrance of Boeckman Middle School and the other entrance is off of 220th Street, just west of Denmark Avenue. MOTION by Franceschelli, second by Tesky to close the public hearing. APIF, MOTION CARRIED. MOTION by Lehto, second by Tesky to recommend approval of the rezoning and comprehensive plan amendment for the River’s Edge development to rezone and re-guide the eastern 26 acres from R-5 (high density residential) to R-3 (medium density residential) and high density residential to medium density residential, respectively, as well as amending the anticipated development staging in the 2040 Comprehensive Plan for the entire 68-acre River’s Edge parcel from post 2040 to 2020- 2030. APIF, MOTION CARRIED. f. Preliminary Plat, Planned Unit Development and Comprehensive Plan Amendment and Rezoning – Vita Attiva Development MOTION by Franceschelli, second by Lehto to continue this public hearing to a Special Planning Commission meeting on May 25, 2021. APIF, MOTION CARRIED. g. Amendment to Section 11-4-2(D) of the Subdivision Ordinance Regarding Private Streets MOTION by Franceschelli, second by Lehto to continue this public hearing to the regular June 8, 2021, Planning Commission meeting. APIF, MOTION CARRIED. 4. Discussion a. Whispering Fields Final Plat and Planned Unit Development This plat is located off Flagstaff Avenue, just south of Farmington High School. Jay and Patricia Christensen and ISD 192 and D.R. Horton, Inc. have jointly submitted an application for final plat and planned unit development for Whispering Fields. The final Planning Commission Minutes May 11, 2021 Page 9 plat consists of 60 single-family lots on 45.89 acres. These are part of the 119 overall single-family lots proposed with the preliminary plat for this project. Lot sizes vary from 7,215 sq. ft up to 12,344 sq. ft. Lot widths vary from 53 ft up to 95 ft. The plat contains four outlots, A-D. Outlot A will be retained by the school district and outlots B and C will be deeded to the city with this final plat. Two access points are shown. 209th Street W will connect with Flagstaff Avenue midway through the property and Fleming Street will be extended north through the center of the development from Regetta Fields development adjacent to the south. The road network provides a grid system for adequate traffic circulation. Both Flanders Way and Fleetwood Street will end with temporary hammer heads to allow for vehicle turn around. Five-foot wide sidewalks will be provided on the south side of 209th Street, north sides of Flaxton Lane and Fleetwood Street, west side of Flanders Avenue and east side of Fleming Street. An 8-foot wide bituminous trail will be constructed along Flagstaff Avenue from the southern boundary of the plat north to Outlot B. The trail will continue west through Outlot B to the high school property. The Planned Unit Development Agreement outlines various deviations proposed for the development. Contingencies for approval are: 1. The Instrument of Dedication on the final plat must be revised to include a signature block for the Chair of the Planning Commission. 2. The satisfaction of all engineering comments related to the construction plans for grading and utilities. 3. A Development Contract between the applicant and the city shall be executed and security fees and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. 4. Final edits on the PUD Agreement by the city and developer. Ms. Deb Ridgeway, with D.R. Horton, stated the plan is consistent with the preliminary plat. They are closing on the property this week and will start demolition in the next couple weeks and hope to break ground in June. They agree with the conditions. MOTION by Tesky, second by Franceschelli, to recommend approval of the Whispering Fields final plat and PUD Agreement with the four contingencies. APIF, MOTION CARRIED. b. Fairhill Estate at North Creek 4th Addition Final Plat This is located on 195th Street and Highway 3. M/I Homes of Minneapolis/St. Paul LLC is proposing to plat 20 single-family lots within the Fairhill Estate at North Creek 4th Addition. The 20 lots are located towards the southeast corner of the development. These lots are part of the 244 overall single-family lots proposed with the preliminary plat. The total area platted in the 4th Addition is 24.86 acres. The average lot size is 11,560 sq. ft. with the smallest lot being 8,986 sq. ft. and the largest lot being 20,369 sq. ft. There are 10 outlots. Planning Commission Minutes May 11, 2021 Page 10 With the 4th Addition, all remaining right-of-way within the development will be platted. All roadways will be constructed with the exception of the portion of Clearwater Loop extending from lot 1 of block 1 and lot 14 of block 2 west to Colonial Trail as well as the cul-de-sac portion of Clearwater Loop on the west side of Colonial Trail These portions will be constructed with the future 5th Addition. As part of the 4th Addition, 194th Street will be connected to the existing portion of roadway within Empire Township. 194th Street will be an emergency access only and not open to the general public. A gate will be installed at that boundary of the development. Five-foot wide sidewalks will be provided on the east and south sides of Clearwater Loop as well as both sides of Colonial Trail. The north side of 194th Street and the north side of Crystal Terrace will also have five-foot wide sidewalks. An eight-foot wide bituminous trail will be constructed through the gas easement (outlot G) from the intersection of Colonial Trail and Crystal Terrace north to connect with existing trail. Contingencies for approval are: 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 shall be executed and security fees and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. The developer noted the 4th and 5th Additions will be single-family lots. They will be back in two months for the 5th Addition. The developer agrees with the contingencies. MOTION by Tesky, second by Lehto to recommend approval of the Fairhill Estate at North Creek 4th Addition final plat with contingencies. APIF, MOTION CARRIED. 5. Adjourn There will be a special meeting on May 25, 2021, at 7 p.m. and the next regular meeting is June 8, 2021. MOTION by Franceschelli, second by Windschitl to adjourn at 8:47 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Cynthia Muller Administrative Assistant