HomeMy WebLinkAbout5/11/10
City of Farmington
430 Third Street
Farmington, MN 55024
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AGENDA
PLANNING COMMISSION
May 11, 2010
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) April 13, 2010 Regular Meeting
3. PUBLIC HEARINGS
a) Interim Use Permit for an Off-Premises Directional Sign - 18556 Pilot Knob Road
Applicant: Ryland Homes
7599 Anagram Drive
Eden Prairie, MN 55344
b) Conditional Use Penllit to allow a commercial child daycare center within the B 2 (Downtovm Business)
Zoning District - 115 Elm Street.
Applicant: Rising Stars Preschool, LLC
Laura Mitchell
20299 Hunter Ct
Lakeville, MN 55044
4. DISCUSSION
a) Update on Floodplain Rate Map Panels (verbal update)
5. ADJOURN
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800. Fax 651.280.6899
www.ci.farmington.mn.us
SUBJECT:
Planning Commission
Tony Wippler, Assistant City Planner IJIf--'
Interim Use Permit - Off-Premises Directional Sign - 18556 Pilot Knob Road
TO:
FROM:
DATE:
May 11,2010
INTRODUCTION / DISCUSSION
The applicant, Ryland Homes, is requesting approval of an Interim Use Permit for the purpose of installing a
twenty four (24) square foot (4' x 6') off premises directional sign (Exhibit A). The sign is proposed to be
located on the property addressed as 18556 Pilot Knob Road. The subject property is owned by Luke Israelson
and contains the Prairie Centre Business Building. The reason for the off-premises signage is to provide added
marketing and directions to the Meadow Creek Residential subdivision from CSAH 31 (Pilot Knob Road).
The City Code concerning off-premises directional signs is as follows:
(b) Off Premises Direction Signs: For the purpose of providing off premises direction to a residential
Droiect described in this subsection, or to a new venture less than twelve (12) months following the
issuance of an occupancy permit, or to a public, religious or nonprofit institution, or to a use which,
in the determination of the planning commission, incurs substantial hardship from lack of
reasonable identification as a result of its location, a interim use permit shall be required. Such sign
shall not exceed twenty five (25) square feet per face and such sign shall conform to the yard
requirements of the zoning district in which it is located. If said sign is lighted, it shall be
illuminated only during those hours when the business is in operation or when the model homes or
other developments are open for conducting business.
The proposed sign meets the square footage requirements of 25 square feet or less (proposed 24 SF). The
required setbacks for the sign are fifty (50') feet from the ROW of Pilot Knob Road and twenty (20') feet from
the ROW of Elk River Trail.
Existing Sign
An existing pylon sign for the Prairie Centre is present on the property. The existing sign was granted a setback
variance from the Planning Commission in 1999. This sign is located eight (8') feet from the right-of-way
easement of Pilot Knob Road. The setback requirement from Pilot Knob Road is fifty (50') feet.
The applicant has indicated that the sign will meet all required setbacks. If in the future the applicant wishes to
have the sign placed closer to either right-of-way than currently allowed, a variance would have to be approved
at a separate public hearing by the Planning Commission.
Termination
According to Section 10-3-7, an interim use permit shall terminate upon the occurrence of any of the following
events, whichever occurs first:
1. The date and/or event stated in the permit; or
2. A violation of conditions under which the permit was issued; or
3. A change in the city's zoning regulations which renders the use nonconforming; or
4. Redevelopment of the use and property upon which it is located to a permitted or conditional use as
allowed within the respective zoning districts.
At the time of writing this memorandum, there were a total of 34 lots (of which Ryland owns 23) for which
building permits have not been issued in the Meadow Creek Subdivisions. If the Planning Commission
approves the interim use permit, staffs suggestion for a termination date would be two (2) years from the date
of Planning Commission approval (May 11, 2012) or the date the last remaining lot owned by Ryland is sold,
whichever occurs first.
ACTION REOUESTED
Determine if Ryland Homes incurs enough of a hardship to allow the installation of an off-premises direction
sign at the southeast intersection of Elk River Trail and CSAH 31 (Pilot Knob Road). If a hardship is
determined to exist by the Planning Commission, approve the Interim Use Permit with the following
contingencies:
1. The applicant obtains a sign permit prior to the installation of the sign.
2. The applicant coordinates with all small utility companies than may have services in the area to
ensure the placement of the sign is not affecting any of those services.
3. The Interim Use Permit shall terminate two (2) years from the date of Planning Commission
approval (May 11, 2012) or the date the last remaining lot owned by Ryland is sold, whichever
occurs first.
Respectfully submitted,
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Ton~p~ity Planner
Cc: Chris Contreas, Ryland Homes
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Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, SUr\fE3Y, or for zoning verification.
Map Scale
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City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800. Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
Tony Wippler, Assistant City Planner ;#-..
FROM:
SUBJECT:
Conditional Use Permit to operate a Commercial Child Daycare in the B-2 Zoning District
DATE:
May 11,2010
INTRODUCTION
Laura Mitchell of Rising Stars Preschool has requested approval of a Conditional Use Permit [CUP] (Exhibit A) to
operate a commercial child daycare in the B-2 (Downtown Business) Zoning District.
Plannine Division Review
Applicant:
Laura Mitchell
Rising Stars Preschool, LLC
115 Elm Street, Suite J
Farmington, MN 55024
Property Owner:
Tom Wartman
Farmington City Center, LLC
28120 Boulder Bridge Drive
Excelsior, MN 55331
Location of Property:
115 Elm Street - Suite J (City Center Strip Mall)
Farmington, MN 55024
Legal Description:
Lot 3, Block 1 Farmington City Center Second Addition
Surrounding Land Uses:
Commercial uses are adjacent to the north, west, and south. The railroad is
adjacent to the east.
Existing Zoning:
B-2 (Downtown Business)
Comprehensive Plan:
Commercial
Current & Proposed Land Use:
The building consists of approximately 14,000 square feet of leasable space.
Some of the current tenants include Sports Cuts, New Moon Buffet, Farmington
Chiropractic Clinic, and USA Nails. The daycare will occupy approximately
1,890 square feet ofthe building.
DISCUSSION
According to the City Code, Commercial Child Daycares are conditionally allowed in the B-2 (Downtown Business)
Zoning District. The Code provides the following criteria that must be met in order for the Planning Commission to
approve a conditional use permit. Those criteria are as follows:
1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of
this title.
A Commercial Child Daycare is a conditional use in the B-2 Zoning District.
2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious or
noxious to any other property or persons and shall comply with the applicable performance standards.
The proposed use will not involve any element or cause any conditions that may be dangerous, injurious or
noxious to any other person or property and it does comply with all applicable performance standards.
3. The proposed use shall be constructed, designed, sited, oriented and landscaped to produce a harmonious
relationship of buildings and grounds to adjacent buildings and properties.
The proposed use will occupy a portion of an existing building. Therefore, this requirement is non applicable in
this instance.
4. The proposed use shall produce a total visual impression and environment which is consistent with the
environment of the neighborhood.
Again, the proposed use is to occupy a portion of an existing building (with the exception of the play area) in the
downtown. The use will not affect the visual impression and environment of the downtown neighborhood.
5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood.
The B-2 Zoning District does not have requirements for off-street parking. The existing parking lot of the City
Center development will be utilized.
6. The proposed use shall preserve the objectives of this title and shall be consistent with the comprehensive plan.
The proposed use is consistent with the City Comprehensive Plan.
Staff believes that the proposed commercial child daycare use meets all of the aforementioned criteria.
ProDosed Use - Commercial Child Davcare
Laura Mitchell of Rising Stars Preschool has requested a conditional use permit in order to operate a commercial child
daycare in the B-2 Zoning District. The address of the building where the daycare is proposed to be located is 115 Elm
Street - Suite J. The daycare would occupy approximately 1,890 square feet of the strip center building. According to the
applicant, the daycare will cater to children ages 31 months to 5 years and will have a structured preschool program, as
well as learning areas for the children to enjoy at their discretion. Ms. Mitchell has indicated that the daycare will have
less than 29 children in attendance at any given time. Additionally, Ms. Mitchell will offer drop-in care on an hour basis
(during normal business hours) for members of American Fitness.
Hours of operation are proposed to be as follows:
7:00 am - 5:30 pm (Monday thru Friday)
Open one Saturday per month
The applicant is proposing a fenced in play area directly east of the strip center in the grass between the railroad and
building (the general location of the play area is shown on Exhibit B). The play area will be 1,500 square feet in size (30'
x 50'). There is a twenty (20') foot wide drainage and utility easement located along the eastern property line which
contains a water line and sanitary sewer line. The proposed play area will encroach into this easement and over top of the
previously mentioned utilities. This is a similar situation to what occurred with the play area for the new Anna's Banana's
Daycare off of TH 3. Anna's Banana's play area encroaches into an easement and some of the play structures have been
placed over the water line contained in the easement. An encroachment agreement was executed to allow the play
equipment to be placed in their locations. A similar encroachment agreement will need to be entered into and recorded for
this proposal. If the requested CUP is approved, the requirement for an encroachment agreement will be made a condition
of approval.
Per Section 10-6-4 of the City Code, the B-2 (Downtown Business) Zoning District does not require off-street parking
stalls/lots be provided. There is an off-street parking lot adjacent to the building that will be utilized.
If the Planning Commission approves the requested CUP, the Building Official has requested a condition of approval be
that the applicant submits her State Licensing information to the City. This will assist the City with keeping track of
occupancy. If there should be any future change to the licensing, such as, accepting children under 31 months of age she
would need to contact the Building Official immediately.
ACTION REOUESTED
Approve the Conditional Use Permit contingent upon the following:
1. A sign permit application shall be required for any signage to be placed on site.
2. The applicant submits State Licensing to the City's Building Official.
3. The applicant shall obtain all necessary building permits (if any) that may be necessary for the proposed use.
4. That the property owner and applicant enter into an encroachment agreement with the City regarding the play area
encroaching into a Drainage and Utility Easement.
5. A layout of the play area shall be submitted to the City for filling.
Respectfully submitted,
Sp~~Plmm~
Cc: Tom Wartman
Laura Mitchell
fx> A--I
City of Farmington
430 Third Street
Farmington. Minnesota
651.280.6800. Fax 651.280.6899
www.ci.farmington.mn.us
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CONDITIONAL USE PERMIT APPLICATION
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State
Fax: ~ %9-52'13--
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Zip Code
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Zip Code
Address:
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Owner:
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Specific Nature of Request:
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SUBMITTAL REOUlREMENTS
o Proof of Ownership 0 6 Copies of Site Plan
o APPli~~tio1fF",Fe;a~, /:7~-" " ,,0 AbstraCt/ReSi,dentia, 1 List (required 350' from subject prop, erty)
o ~.9uridary ,?>>p~y /?}'o~ens (o,:;r's Duplicat~ Certificate ofTit~e Requir~d). ,~
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Signatuh of Owner // / Date ii ( C . nature of Applicant
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Date
Request Submitted to Planning staff on
Public Hearing Set for:
For office use only
Advertised in Local Newspaper:
Planning Commission Action: _Approved
City Council Action (if necessary): _Approved
Denied
Denied
Fee Paid
$200 - City of Farmington
$46 - Dakota County Recorder
Comments:
Conditions Set:
Planning division:
Date:
9/06
{x. A.~
Conditional Use Permit
Address: 115 Elm Street, Suite J
Farmington, MN 55024
Laura Mitchell is opening Rising Stars Preschool by July, 2010. Business hours are
7:00am - 5 :30pm Monday -Friday, open one Saturday per month. The center will cater
to children ages 31 months-5 years old. The center will have a structured preschool
program, as well as learning areas for the children to enjoy at their discretion. The center
will have a total of less than 29 children in attendance.
There will be 3 people employed (to start off) in the center; a full time director/assistant
teacher (Laura), a full time teacher and a part time aide.
Rising Stars Preschool will also offer drop-in care on an hourly basis during normal
business hours for members of American Fitness.
An outside play area will be constructed on the east side of the building, to the north of
the existing fire hydrant. The play area will be fenced in and be 1500 sq. feet (30x50) in
SIze.
The center will have exclusive use of the kitchen area as well as one of the toilet
facilities.
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Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
~ pL..A'1 A~ (t:,~Nl!e."L- l.-o,-A-"UN)
Map Scale
1 inch = 100 feet
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