Planning Commission Meeting - June 11, 2024
Agenda HTML: https://farmington.civicweb.net/filepro/documents/154628?handle=C3063515709A4366BFEBA372D329FB97
Agenda PDF: https://farmington.civicweb.net/filepro/documents/154627?handle=CC058DBCBBE94E48BB0FD728F5EE787C
1. CALL TO ORDER 0:40
2. APPROVAL OF MINUTES 1:00
3.1 PROPERTY REZONING 1:20
3.2 VERMILLION COMMONS 4TH ADDITION 3:16
3.3 R&L CARRIERS 28:13
4.1 DISCUSSION ON CANNABIS BUSINESSES AND ZONING 45:05
5. ADJOURN
This is a transcript of the **Farmington Planning Commission** meeting from June 11, 2024. Based on the context of the roll calls and city staff roles, the primary speakers are identified below.
**Note on "Tony":** While not in the provided city staff list, "Tony" refers to **Tony Wippler**, the Senior Planner/Planning Manager for the City of Farmington, who traditionally presents for the Planning Commission.
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**[0:03] Chair Mitchell Rody:** [Music] All right, we'll call the meeting to order. On behalf of the Planning Commission, I'd like to welcome our residents and viewers to this regular meeting of June 11th, 2024.
**[0:48] Chair Mitchell Rody:** On tonight's agenda, we have three public hearings and one discussion item. Uh, we'll take the public hearings as shown on the agenda. Uh, before we get into the public hearings, we have a housekeeping item to take care of—that would be the minutes from our May 14th, 2024, regular meeting. Are there any additions or corrections to those minutes? If not, is there a motion?
**[1:10] Commissioner Philip Windschill:** Motion to approve.
**[1:12] Chair Mitchell Rody:** We have a motion. Is there a second?
**[1:14] Commissioner Leon Leato:** Second.
**[1:15] Chair Mitchell Rody:** Motion and second. All in favor say aye. (Commissioners: Aye). Minutes are approved. Thank you. With that, then, we'll open up all three public hearings at this time. The first public hearing is a continued public hearing from our May regular meeting dealing with two petitions for rezone on the southeast side of our community. Tony, are you going to take this one real quick?
**[1:37] Tony Wippler (Senior Planner):** I will, thank you, Mr. Chair, commission members. Uh, we are asking that this item be tabled indefinitely. Um, the applicant is working with the developer and is working on providing additional plans and things like that, and will be submitting an updated set of applications probably within the next month or so. So, um, we will obviously re-notice every type of public hearing, so all the residents will be able to attend those when those come around.
**[2:15] Chair Mitchell Rody:** And Tony, you mentioned you may expand the notification area there, so everybody in that area should receive one.
**[2:20] Tony Wippler (Senior Planner):** Okay, thank you.
**[2:22] Chair Mitchell Rody:** With that, then, I'd look for a motion to table the rezone petitions until a later date. Is there a motion?
**[2:25] Commissioner Philip Windschill:** I'll make a motion.
**[2:27] Chair Mitchell Rody:** You have a motion. Is there a second?
**[2:28] Commissioner Snowbeck:** Second.
**[2:30] Chair Mitchell Rody:** Motion and a second. Any more discussion? If not, call the roll please.
**[2:32] Tony Wippler (Senior Planner):** Windschill? (Windschill: Yes). Rody? (Rody: Yes). Leato? (Leato: Yes). Snowbeck? (Snowbeck: Yes).
**[2:45] Chair Mitchell Rody:** And at this time, the date is uncertain, so we will notice—or the city will notice you. There will be a full public hearing as there was in May. You certainly have an opportunity if you have questions prior to that date, whether they be for the commission or for staff or even the city council. Please just submit them to the city; they'll get to the right location and possibly be answered or at least we know what questions you'll have if we can’t.
**[3:10] Chair Mitchell Rody:** All right, we'll move into our second public hearing then. This is the Vermillion Commons Fourth Edition preliminary and final plat and a PUD (Planned Unit Development). The applicant is US Homes, which is Lennar. This is located on the west side of our community on 220th Street and Denmark Avenue. Tony?
**[3:32] Tony Wippler (Senior Planner):** Thank you, Mr. Chair, commission members. Yes, we are reviewing the preliminary plat and preliminary PUD for Vermillion Commons Fourth Edition. This development is located west of Vermillion Commons Town Home Development, which is located at the intersection of 220th Street West and Denmark Avenue. The proposed development will consist of 134 total residential units. 68 of those units will be single-family lots and 66 of those will be townhome lots spread over 20 net acres for a net density of 6.6 units per acre.
**[4:05] Tony Wippler (Senior Planner):** Single-family lots would be on the north and west side of the development, and then the townhomes located on the southeast side of the development. Stormwater ponding is located on the west side and is adjacent to the Dakota County Conservation area. The minimum lot area proposed for this development is 4,800 square feet, with an average lot size for single-family of just over 6,000—at 6,198 square feet. Minimum lot width is 40 and minimum lot depth would be 120 feet.
**[4:44] Tony Wippler (Senior Planner):** As far as the setbacks are concerned, what is being proposed for single-family: front yard setback of 25 feet, side-yard interior 6, side-yard corner of 20, rear yard of 25 feet. Um, the townhomes will have a minimum setback from the roadway of 25 feet. The plat does contain five outlots labeled A through E. Outlot A will be dedicated as Parkland with the final plat and is 1.5 acres. Outlot B is 4.1 acres and will contain the ponding for stormwater. Outlot C contains the private roads within the townhome section, and Outlots D and E contain common areas for the townhomes.
**[5:29] Tony Wippler (Senior Planner):** This is just a copy of the preliminary plat. So as you can see, the single-family homes are on the north and west side with the townhomes being on the southeast side of the site. There will be three access points to this development: Lilac Drive and 218th Street West, both will be extended east from the Vermillion Commons Townhome Development, and then Poppy Drive will connect with 220th Street West on the south side of the development. The public roads—those being Lilac Drive, 218th Street West, Poppy Drive, and Poppy Lane—are shown with a 60-foot right-of-way and 32-foot wide roadway.
**[6:16] Tony Wippler (Senior Planner):** The private roads within the townhome portion of the development will be at least 24 feet in width and will be required to be signed "No On-Street Parking." Townhome dwellings are required to provide two off-street parking stalls per unit; each unit will provide a double-car garage. Additionally, the townhome driveway will be, as I previously mentioned, a minimum of 25 feet in length, allowing for parking in the driveway. In addition, there will be 26 visitor parking spaces provided throughout the townhome portion of the development as well. As I previously mentioned, there will be a 1.5-acre park proposed on the north end of the development, labeled as Outlot A.
**[7:04] Tony Wippler (Senior Planner):** Sidewalks are proposed on the west side of Lilac Drive, south side of 218th Street West, and on the east side of Poppy Drive. Dakota County has a 12-foot wide trail/drainage utility easement which was granted back in 2022 that runs along the west and northern property boundary of this site. This easement will have to be shown on the final plat. As mentioned, they are looking to do this as a Planned Unit Development. The property is currently zoned R-3, which is our medium-density residential. They are proposing to rezone it to an R-3 PUD.
**[7:50] Tony Wippler (Senior Planner):** Proposed deviations include: allowing single-family dwellings within the R-3 zone; reducing minimum lot area for single-family lots to 4,800 square feet; reducing minimum lot width for single-family lots to 40 feet; increasing minimum front yard setback for single-family lots to 25 feet; increasing rear setback for single-family lots to 25 feet; increasing the maximum lot or building coverage for single-family lots to 45%; and the allowance of private streets within the townhome development with a reduced width of the private street to 24 feet—our typical requirement is 26 feet, so they're asking a 24-foot deviation. The action as requested tonight is to recommend approval of the Commons Fourth Edition preliminary plat and Planned Unit Development, contingent upon the satisfaction of all engineering comments and requirements, including construction plans for grading, stormwater, and utilities.
**[8:35] Chair Mitchell Rody:** All right, thank you, Tony. I didn't have an opportunity to see if the applicant was here. Do you have anything to add to the staff report?
**[9:00] Steve Tryba (Lennar/US Homes):** Good evening. Steve Tryba with Lennar. Thank you, Tony, staff, Council, appointed folks at Farmington. It has really been a joy to work with, and I do mean that. We've had great success in Farmington and we're excited for mutual growth. This community is designed to have an attractive price point. We all know that there's a housing shortage, and this type of product in this community really, really will help that.
**[9:20] Steve Tryba (Lennar/US Homes):** Our plan to give you a little bit of a schedule: after successful approval and permitting for a grading permit, we hope to get grading started in late July. Hopefully, our first model home unit will put a shovel on the ground in November, with the hope for that to be ready for the Spring Parade of Homes in 2025. Oh, Tony did a great job with the details. Happy to answer any questions you have.
**[10:00] Chair Mitchell Rody:** All right, if you can stay available, we'd appreciate it. Um, there may be some comments or questions from residents. If not, I suspect the commission will have a few. This is a public hearing. Are there any comments or questions regarding this application? Yes? Um, you have to come to the podium, please.
**[10:07] Lisa Berglund (Resident):** Oh, you want me to come to the podium? My name is Lisa Berglund and I live at 4787 220th Street. So I'm the little yellow house right here. I'm not opposed to the development or anything, but I have several questions. Tony, could you look at her map and maybe bring up the site plan? This is me right here. So, I guess my question would be to you: what kind of privacy fence is going to be put along there? I have nothing right now. I'm trying to grow some little shrubs—cranberry high-brush for a natural windbreak—but now the townhomes are going to come in and that's going to be my windbreak. But a privacy fence? That's a great question.
**[11:40] Chair Mitchell Rody:** Tony, could you bring up the site plan and show us exactly where she is?
**[11:55] Tony Wippler (Senior Planner):** 220th Street is here; her house is this area right here at the southeast corner of the site.
**[12:10] Chair Mitchell Rody:** Mr. Tryba, do you know in detail what kind of berm, if any, or what kind of landscaping may be done for her benefit?
**[12:15] Steve Tryba (Lennar/US Homes):** Great question, thank you. This comes up a lot. We always meet city requirements for privacy screening, landscaping—all of those items. So if the commission or Council has some input for us, happy to take that back to the office and work with our engineer on that.
**[12:28] Lisa Berglund (Resident):** There are three of us—me and then two more right to the east of me. So my next question is: would the developer want to come along and buy us out at some time?
**[12:35] Chair Mitchell Rody:** Well, we don't get into negotiations like that, but he's here right here listening to you.
**[13:00] Lisa Berglund (Resident):** I mean, would you want us out of there? That's kind of a fear. So if I think of my other question, I will raise my hand.
**[13:14] Chair Mitchell Rody:** And, you know, as long as we're on the topic of privacy, I really think there should be something there for those three residents. So, Tony, if you could note that and work with the developer—if this is approved—that they're at least protected. I know the residents when this plat was first entered into the city, they asked about the extension of 220. Where is that at now?
**[13:45] Tony Wippler (Senior Planner):** We are currently in talks with Vermillion Township on that, being that it's a townline road. So it's not just as easy as going in there and doing the improvements. So John Powell, our city engineer, is working with them to come up with the design of that road. It is in progress.
**[13:59] Lisa Berglund (Resident):** I've been talking to my neighbor Jerry, and we're also wondering: is it going to be paved? I'm assuming it's going to be developed and widened at some point.
**[14:15] Tony Wippler (Senior Planner):** Well, eventually it will be a county road. Not for quite a while, but that would be the alignment for County Road 70 eventually. We're going through that design right now. My guess is it might be a rural section; I don't know that that's been fully identified yet.
**[14:46] Steve Tryba (Lennar/US Homes):** I do have a piece of information to share. The vacant land north of her home that she mentioned—that will be developed at some point in the future. There's a pipeline easement going through that land. So, we'll take into account landscaping and trees when that time comes, knowing what you can and can't do within an easement.
**[15:33] Nathan Ryan (Resident):** My name is Nathan Ryan, 22390 Cayman Way. I noticed that in their proposal they're saying that they want to make the streets a little bit narrower. The average width of a fire truck, which is an emergency vehicle, is over 8.5 feet. By reducing those two feet, and on top of that we have snow—you're going to reduce that at least another foot on either side—I'm not sure that's in the city's or fire personnel’s best interest. It seems they're wanting to do that simply so they can get more profit. This isn't about making anything more affordable; by reducing public safety, it's about profit. The same is with those lot sizes. Reducing those lot sizes is not to accommodate a less expensive home; that is to accommodate them making more money. I definitely think the streets are too narrow. We had a police officer come by our house two Super Bowls ago saying there's no way the fire truck can get through here, and our streets are not anywhere near this narrow.
**[17:03] Chair Mitchell Rody:** And we do take those into account. I also in my notes had: why the reduction of two feet? It is on the private roads, not on the city public roads.
**[17:25] Steve Tryba (Lennar/US Homes):** The two feet allows us to have more front yard setback. We have to have a 25-foot driveway on those units. Reducing the width of those private streets—and I will add that there's going to be no parking on the private streets—allows us to put that home at an appropriate spot with the 25-foot front yard drive. Every foot that you increase something compounds itself. The two feet is not just a willy-nilly throw at a dartboard; there are engineering reasons for all of these numbers.
**[18:35] Lisa Berglund (Resident):** I'm looking at the map—how much room is there between me and that townhome right there?
**[18:45] Tony Wippler (Senior Planner):** There will be an open space. It's probably at least 20 feet from your property line to the pad of the house based off the distance of the private easement.
**[19:48] Commissioner Philip Windschill:** Concerning the fire truck, looking at your map, the townhomes are on the west side. Is there any reason you couldn't push the fourplex townhouses back to the west further and adjust the housing to make wider radius turns there?
**[20:15] Steve Tryba (Lennar/US Homes):** That is something we looked at. There's a drainage ditch, or a drainage swale as we call it, that goes through that outlot and that needs to be a certain width and depth to carry the stormwater runoff to meet engineering code.
**[20:33] Commissioner Philip Windschill:** Understood. And regarding the fence issue: these houses built on Poppy with the backyards facing into the townhouse development—is there going to be any sort of fence or barrier between the two?
**[21:00] Steve Tryba (Lennar/US Homes):** That is not something our marketing team has determined yet. I'm taking notes of all the questions and will go back to them.
**[21:22] Commissioner Leon Leato:** I don't have any questions.
**[21:23] Commissioner Snowbeck:** I have no questions either.
**[22:08] Chair Mitchell Rody:** Tony, can you please go through the process? This is preliminary. Just so that Miss Berglund and others know, there'll be another round for final.
**[22:15] Tony Wippler (Senior Planner):** Absolutely. This has to come back through for final plat approval and final PUD. At that time, we'll go back and take any comments we received and make changes accordingly.
**[22:45] Chair Mitchell Rody:** I ask that question so that viewers and residents know that when you get a preliminary plat, it’s detailed, but it's not the final one. They're still listening and modified by city staff. I say that—[Lights flicker/Power outage noise]—Now, we just lost power. So I don't know what else to say. That's a first.
**[23:05] Tony Wippler (Senior Planner):** This is not on the Dakota Electric system, so I just want to let that be known.
**[23:10] Chair Mitchell Rody:** Do they have backup generators here?
**[23:12] David Chanski (Assistant City Administrator):** We do.
**[23:14] Chair Mitchell Rody:** Okay, they must have kicked in. We're going to take one quick pause here. [Pause] All right, we're going to keep going. I can tell you in 40 years, I think that's the first power outage we've had while we had a meeting going on.
**[25:06] Chair Mitchell Rody:** Okay, ready to go. I finished that part on the preliminary. I do have some questions for the developer. What are the similarities or differences between these townhomes and the ones in the other parts of your development?
**[26:00] Steve Tryba (Lennar/US Homes):** The townhomes will be the exact same home type. The townhomes are 1,770 square feet. The single-family homes: one will be single-story (approx. 1,150 sq. ft.) and one will be two-story (approx. 1,850 sq. ft.). Prices range from roughly $340,000 to $400,000. All are two-car units.
**[27:10] Chair Mitchell Rody:** And are they slab-on-grade? (Tryba: Correct). All right, I don't have any more questions. I look for a motion to close the public hearing.
**[27:30] Commissioner Mitchell Rody:** Motion to close. (Commissioner: Second). Call the roll. (Tony performs roll call; all Aye).
**[28:00] Chair Mitchell Rody:** Recommendation to our City Council on Vermillion Commons Fourth Edition... is there a motion? (Leato: Motion to approve. Snowbeck: Second). Call the roll. (Tony performs roll call; all Aye).
**[28:14] Chair Mitchell Rody:** All right, we'll move to our third public hearing. This is a petition to rezone properties from MUCI (Mixed Use Commercial Industrial) to Industrial. The applicant is R&L Carriers. Tony?
**[28:35] Tony Wippler (Senior Planner):** Thank you, Mr. Chair. We have received a petition from R&L Carriers for the rezoning of two parcels located south of 208th Street, adjacent to Pilot Knob Road. The request is to rezone from MUCI to Industrial. R&L Carriers is proposing an expansion to their trucking terminal, which will include a 76,000 square foot building expansion. Truck terminals are a conditional use in Industrial zones but are not permitted in MUCI, necessitating this rezoning.
**[31:30] Stan Richards (R&L Carriers):** Good evening. My name is Stan Richards, Vice President of Construction with R&L Carriers. The reason for the expansion is simple: the Minneapolis area is exploding with freight. We are an LTL operation—"Less Than Truckload." We service the small guys. We have over 140 service centers and 20,000 employees. Our current Farmington facility has been there 20 years. We are adding about 100 doors to the facility and expanding the employee parking lot. We anticipate adding about 35 employees.
**[37:40] Chair Mitchell Rody:** Thank you, Mr. Richards. You’re a real quality company and we appreciate you expanding in our community. Is there anyone from the public?
**[38:01] Unidentified Public Speaker:** I was wondering if R&L is a union shop and what the average pay will be for the 35 new employees?
**[38:15] Stan Richards (R&L Carriers):** We are not a union shop; however, our wages are above union wages. Administrative staff ranges from $18–$22. Dockworkers range from $22–$27, and CDL drivers start at over $28–$29 an hour.
**[39:20] Commissioner Snowbeck:** Is there any concern about additional semis going out on Pilot Knob there?
**[39:33] Stan Richards (R&L Carriers):** Adding doors doesn't always mean adding that many more trucks. It’s about dock space for sorting. We’ll only add about six to eight trucks to our current routes. Our drivers leave between 8:00 and 11:00 a.m. and return between 4:30 and 5:00 p.m. It’s actually quite quiet in between.
**[42:37] Commissioner Philip Windschill:** Curious, how many current employees are out there?
**[42:40] Stan Richards (R&L Carriers):** 135.
**[44:10] Chair Mitchell Rody:** I'd look for a motion to close the public hearing. (Windschill: Motion. Snowbeck: Second. Roll call: All Aye). Front of the commission is a recommendation to rezone. Is there a motion? (Snowbeck: Motion. Leato: Second. Roll call: All Aye).
**[45:42] Chair Mitchell Rody:** That concludes our public hearings. We have one discussion item: Cannabis businesses and zoning. Tony?
**[46:00] Tony Wippler (Senior Planner):** Thank you. As you’re aware, the Minnesota Legislature enacted new laws last year regarding cannabis. Part of this allows the city to enact a moratorium while we study zoning for these businesses. The state is working on a model ordinance, but it's only in draft format. I wanted to share our zoning table tonight to get the commission thinking about where these businesses should go—distance from other uses, etc.
**[48:46] Chair Mitchell Rody:** Commissioner Windschill, from your public safety background, do you want to start?
**[49:00] Commissioner Philip Windschill:** I haven't seen cities have a real issue with product sales. I know there's discussion about cities owning marijuana facilities just like municipal liquor stores. Distance away from parks and schools is a mandatory "plus" in my mind.
**[51:25] Commissioner Snowbeck:** Would it be similar to where we allow liquor stores? That seems logical.
**[52:40] Commissioner Leon Leato:** My main questions would be regarding edibles and beverages. If a restaurant wants to offer those in addition to alcohol, we need to make sure we're regulating that, especially with cross-contamination or "cottage industry" home businesses.
**[54:12] Chair Mitchell Rody:** I think we should look at a separation from places of worship, too. The moratorium will be a Council decision. I think waiting for that model ordinance might be a good start for our community.
**[57:16] Nathan Ryan (Resident):** Growing operations are much more of a concern in my opinion than where it's sold. Grow facilities take vast amounts of electricity and water. Local electric companies in other states have had to stop offering service to rural customers because grow operations were taking so much power. Also, the city is already selling THC infused drinks in your municipal liquor stores, so a moratorium on sales is a bit "too little too late."
**[59:45] Chair Mitchell Rody:** Grow might be one issue, but Tony, would any ordinance address where it could be used?
**[1:00:00] Tony Wippler (Senior Planner):** Some cities have addressed it specifically for Parks.
**[1:00:19] Chair Mitchell Rody:** All right, Tony, you’ve got enough? (Tony: I have enough). Anything else from the commission? Our next regular meeting is July 9th. Motion to adjourn? (Windschill: Motion. Snowbeck: Second). All in favor? Aye. We're adjourned. [Music]