BUFFALO PLANNING COMMISSION AGENDA. Meeting: Monday, July 10, 2017 Place: Buffalo City Center Time: 7:00 p.m.

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1 1. OPEN FORUM BUFFALO PLANNING COMMISSION AGENDA Meeting: Monday, July 10, 2017 Place: Buffalo City Center Time: 7:00 p.m. This is the time that residents or developers can bring items before the Planning Commission not yet scheduled for hearing or formal review by the Commission and not on the regular agenda. 2. APPROVAL OF JUNE 12 PLANNING COMMISSION MINUTES Click Here for Minutes 3. AGENDA ADDITIONS OR DELETIONS 4. COUNCIL REVIEW. The Planning Commission reviews what actions were taken by City Council at the previous meeting regarding the items from the agenda of the last meeting. Marohn Family LLC, Preliminary/Final Plat/PUD Amendment, 140 Orr Ave, PID Bri-Mar LLC/Little Caesars, CUP/PUD Amendment, 606 Crossroads Campus Dr, Pfeifer Property Mgt LLC, CUP/PUD Amendment, NW corner of 5 th St NE and 2 nd Ave NE, Click Here for Excerpt from Council Minutes

2 Planning Commission Agenda Page 2 5. P.H. ARON HILL, CUP, 1317 VIKING DRIVE, PID Summary: Aron Hill has applied for a Conditional Use Permit to build a second detached accessory structure on the above property. Second detached accessory structures require review and approval by conditional use permit. In addition to the primary structure, the parcel includes an attached garage of approximately 504 sq ft and an existing shed of 144 sq ft. The proposed second shed would be 192 sq ft and be located near the northwest corner of the property. The property is in the R-1, Single Family Suburban zoning district. Click Here for Reports Click Here for Location Map 6. P.H. JP BROOKS INC., CUP, 2317 BUFFALO RUN ROAD, PID Summary: JP Brooks Inc. has applied for a Conditional Use Permit to build an attached garage on the above property larger than 1200 square feet. The request is for consideration of a garage space of approximately 1336 square feet. The proposed garage is part of a new proposed single-family home and the living space square footage would exceed the size of the accessory space. The property is in the R-1, Single Family Suburban zoning district. Click Here for Reports Click Here for Location Map 7. OTHER

3 Planning Commission Minutes June 12, 2017 The Planning Commission of the City of Buffalo held a regular meeting in the City Center on the 12th day of June 2017 at 7:00 p.m., with the following members present: Diane Bjorgum, Steve Cullinan, Tom Salkowski, Jameson Wakefield, and Eric Anderson. Also in attendance were Stephen Grittman, Planning and Development Coordinator Jennifer Nash, and Videographer Quincy Kabe. Members who were absent were Kim Barse and Paul Olson. OPEN FORUM No one was present for the Open Forum. APPROVAL OF MAY 8 PLANNING COMMISSION MINUTES A motion was made by Commissioner Bjorgum and seconded to approve the minutes of the May 8, 2017 meeting. All in favor, motion carried. AGENDA ADDITIONS OR DELETIONS There were no additions or deletions. COUNCIL REVIEW Council representative Anderson noted that the following items recommended to the City Council for approval at the May 8 th Planning Commission meeting were approved by Council. RAK Construction, PUD Amendment, CARL WAY, Whispering Winds, PIDS: , , , , , , , , , , , , , and Commercial/Industrial Property Maintenance Code P.H. MAROHN FAMILY LLC PRELIMINARY/FINAL PLAT, CUP/PUD AMENDMENT, ORR AVE., PID Planner Grittman introduced the application made by Marohn Family LLC for preliminary and final plat, as well as a conditional use permit/pud amendment to construct a new restaurant on the parcel on Orr Ave south of the existing Taco Bell restaurant and northwest of Cub Foods. The new restaurant is proposed to utilize some shared parking with the Cub Foods location. Grittman noted conditions that staff is recommending including landscaping, building materials and engineering approvals. Commissioner Salkowski asked about planning for future development in the area including adequate roads and access points to handle traffic. He asked whether the Commission has the authority to request plans for the rest of the

4 June 12, 2017 development before additional subdivisions are made. Grittman stated that the Commission does have this authority in the subdivision ordinance. Chair Cullinan expressed concerns about parking potentially conflicting with the drive-through traffic. Lon Negen of Negen Associates spoke representing the applicant. He noted the applicants may be willing to adjust the drive-through lane to exit onto Orr if that is preferred. He also spoke about stone potentially being used on the base wainscot of the building, but he noted that A&W corporate is not enthusiastic about adding the stone to their design. He also noted that the trash enclosure is planned to be similar finish to the building. Salkowski asked if the commission would object to adding a condition to a potential plat approval that would require any future subdivision to the Buffalo Cub 2 nd Addition be accompanied by a concept plan and a relevant traffic analysis included with plans for the rest of the plat as part of submissions. Motion was made by Salkowski, and seconded, to recommend approval of preliminary plat, final plat and conditional use permits with conditions as noted in the NAC Memorandum File No dated June 6, 2017, the BMI Memorandum Project No. W dated June 6, 2017 with the following alterations: recommend to the City Council that serious consideration be given to egress from the drive-through lane exiting directly onto Orr Ave, allowing for upgraded architectural materials on the wainscoting around the structure and noting any future subdivisions should include planning for the remainder of the plat. All in favor, motion carried. P.H. BRI-MAR LLC LITTLE CAESARS CUP/PUD AMENDMENT, 606 CROSSROADS CAMPUS DRIVE, PID Planner Grittman introduced this item. Little Caesars Restaurant, a tenant of Bri-Mar LLC s Crossroads Campus building at 606 Crossroads Campus Drive, is seeking a CUP/PUD amendment to install a drive-through window on the east side of the building. This project would include alterations to parking, interior traffic lanes and signage. As part of the proposed project, the applicant would also alter parking lot space surrounding the Dairy Queen location to the south of this parcel. Grittman noted that staff is recommending conditions including a one-year review and granting as an interim use permit among them if the proposal is recommended for approval. Salkowski asked whether individual tenants received notice of public hearing.

5 June 12, 2017 Nash noted that notices go out to property owners. Fritz Budig of Grindstone Construction Services Inc., contractor for the project, stated that the owners of the property, Bri-Mar LLC, notified individual lessees and he stated that everyone was in favor. Salkowski noted that a pickup window has already been installed. Budig stated that the window was installed as part of a Little Caesars package upgrade and not assuming approval would be granted. Budig stated that the window would be used as a walkup window if the drive-through is not approved. Cullinan noted a concern with the requirement that customers would cross oncoming traffic to the pickup lane. Scott Norberg of Little Caesars noted the Jimmy John s drive-through also requires that a traffic lane be crossed. He also stated that pickup sales are very fast and if the order takes longer staff would direct the customer to park in a waiting stall. Cullinan noted the development agreement condition recommended by the planner and that a future potential restaurant user would be required to go through a full land use application if they are interested in utilizing the proposed window in the future. Bjorgum noted she is favor of finding a way to improve traffic flow in this area as it is currently a difficult congested area. Gary D Heilly of D Heilly Engineering responded to a question regarding traffic flow and traffic management tools. Wakefield noted that the oncoming traffic lane issue is at least visible with the proposal by Little Caesars where Jimmy Johns view is obstructed when exiting the drive-through. He also expressed concern about customers potentially leaving the drive-through lane to the right across traffic lanes instead of the left as directed. Salkowski suggested a condition be included to require that the pickup window is utilized for pre-order and pre-made only and not for customers that would be waiting. Budig asked what a one-year review would look like as recommended by staff. Grittman noted that a review would look at complaints received and any crash reports as well as potential improvements including bollards, signage, and pavement marker upgrades. Anderson stated that parking lots always have potential for crashes and he is

6 June 12, 2017 hopeful the proposal may improve traffic in this lot. A motion was made by Wakefield and seconded by Cullinan to recommend approval of CUP and PUD amendment as stated in the NAC Memorandum File No dated June 6, 2017 and the BMI Memorandum dated June 6, 2017, with an additional condition that would require the window only be used for pre-order and pre-made items and not for customers that would be waiting for items. All in favor, motion carried. P.H. PFEIFER PROPERTY MGMT LLC CUP/PUD Amendment, NW CORNER of 5 th ST NE AND 2 nd AVE NE, PID Planner Grittman introduced the application made by Pfeifer Property Mgmt LLC for a conditional use permit to amend a planned unit development. The proposed project would be a mixed use building to include commercial and residential space, and will include parking lot, access and retaining wall improvements. The first floor would include residential apartments and commercial spaces. The second floor would be entirely commercial. The third floor would be entirely residential. Grittman noted the engineer s recommendations for alterations to the access to the upper parking lot as well as requirement to submit an adequate stormwater management plan. Bjorgum asked what amount of land would be green space in the project. Grittman noted that the drawing submitted illustrates about 20% less green space than what is illustrated on the site plan as the proposed building would be larger than what is included on the plan. Cullinan asked if more than one space per unit should be required for the onebedroom apartments. Grittman stated that the size of the units would justify a calculation at 1.5 spaces per one-bedroom unit. Kent Pfeifer stated that the lower level would be all residential instead of commercial spaces. He noted that he has other buildings that have less parking and they operate well. He also noted that exterior finishes will include stone and hardi-board siding. The access change requested by the engineer would be okay with him. Salkowski stated sympathies for the passing of Kent s mother Betty and spoke highly of her personality and the impact she had on Buffalo. Salkowski expressed concern that the application may not be fully complete yet. Pfeifer noted that he will submit everything required by the engineer and

7 June 12, 2017 staff. Salkowski asked the planner if he is aware of the State requirements for tenants that might be on probation or another level of monitoring. Grittman noted there are some programs that monitor distances from schools that some individuals can live, but he is not aware of what those distances are and for whom. Cullinan asked whether approval of the PUD could occur without some items that are missing. Grittman stated that the Commission could include direction to staff and, if approved by Council, staff could complete review of items missing from submittals. A motion was made by Salkowski, and seconded, to recommend concept PUD approval as noted in NAC Memorandum File No dated June 6, 2017 and the BMI Memorandum dated June 6, 2017, with the understanding that the lower floor will be all residential and storage, main floor would be commercial, third floor would be all residential, and that final plans would be brought forward to the Commission for additional review in July or a later meeting. All in favor, motion carried. ADJOURN A motion was made by Bjorgum, and seconded, to adjourn the meeting at 9:04 p.m. All in favor, motion carried. Chairperson Planning and Development Coordinator Return to Agenda

8 EXCERPT FROM JUNE 19, 2017 COUNCIL MINUTES PLANNING COMMISSION MATTERS Marohn Family LLC Preliminary/Final Plat, CUP/PUD Amendment Council member Anderson reviewed the application and the Planning Commission s recommendation of a subdivision of entire remaining land and replat along Orr Avenue. A proposed drive-thru lane will be placed on the north side of building. He then elaborated on development details. The preliminary and final plat, as well as conditional use permit moved for approval by Council member Anderson, per conditions of NAC Memorandum File No dated June 6, 2017, the BMI Memorandum Project No. W dated June 6, 2017, with following alterations: City Council prefers upgraded wainscoting and future subdivision plan must be provided. No recommendation to change egress, as discussed by the Planning Commission. The motion was seconded, all voting in favor, the motion carried. Bri-Mar LLC Little Caesars CUP/PUD Amendment Council member Anderson reviewed the Little Caesars, 606 Crossroads Campus Drive, conditional use permit and planned unit development amendment requests to allow for a pickup window. A one-year review of permit is recommended as a condition, and the use be approved as an Interim Use Permit, should the restaurant not use a pickup window. Council member Anderson moved for approval per conditions of NAC Memorandum File No dated June 6, 2017 and the BMI Memorandum dated June 6, 2017, with an additional conditions that would require the window only be used for pre-order and pre-made items and oneyear review, motion was seconded, all voted in favor, with exception of Council member Enter voting against. The motion carried, 4-1 votes. Pfeifer Property Management, LLC CUP/PUD Amendment Council member Anderson reported on the Pfeifer mixed use request to be at the location of the northwest corner of 5th St. NE and 2nd Ave. NE. Council member Anderson moved for the approval of the planned unit development, per conds of as noted in NAC Memorandum File No dated June 6, 2017 and the BMI Memorandum dated June 6, 2017, with understanding of uses of each of the three stories, and final plans will be reviewed including drainage and grading, landscaping, lighting, signage and exterior building finishes with review by consultants as necessary and City Staff. Approval is contingent upon the final receipt and acceptance of the above, and that a development agreement be entered into between Pfeifer and the City that will guarantee the City receive, approve and accept these final plans. The motion was seconded and all members voted in favor. Return to Agenda

9 NORTHWEST ASSOCIATED CONSULTANTS, INC Olson Memorial Highway, Ste. 320, Golden Valley, MN Telephone: Website: MEMORANDUM TO: FROM: Buffalo Mayor and City Council Buffalo Planning Commission Stephen Grittman DATE: July 5, 2017 RE: Buffalo Hill Accessory Building Conditional Use Permit FILE NO: PROPERTY ADDRESS: 1317 Viking Drive PROPERTY PID#: Background and Analysis Aron Hill is seeking a Conditional Use Permit to accommodate the construction of a second detached accessory building on his residential parcel at the above address. The property is zoned R-1, Single Family Suburban Residential. In the R-1 District, accessory buildings and all garage space (attached and detached) must be less than 1,200 square feet and generally less than the square footage of principal structure. The applicant is proposing to add a garden shed of approximately 192 square feet to existing structures of 144 square feet (existing pool storage shed) and 504 square feet (existing attached garage). The resulting total of 840 square feet is less than the footprint of the house, which is approximately 1,500 square feet in area. However, the Zoning Ordinance only accommodates more than one detached structure by Conditional Use Permit. The ordinance applies the following additional requirements for such structures in Section 11.17: F. The same or similar quality exterior building material shall be used in the accessory building and in the principal building. All accessory buildings shall also be compatible with the principal building on the lot. Compatible means that the exterior appearance of the accessory building is not at variance with the principal building from an aesthetic and architectural standpoint as to cause: (1) a difference to a degree to cause incongruity as determined by an Architectural Review Board; or (2) a depreciation of neighborhood or adjacent property values.

10 G. Conditional Use Permits. The height and area limits for accessory buildings may not exceed that allowed in Subparagraphs C, D and E of this Subdivision, except by a conditional use permit. In addition, no permit shall be issued for the construction of more than one accessory building per lot in residential zones except by conditional use permit. Application for a conditional use permit under this Subparagraph shall be regulated by Section of this Chapter. Such a conditional use permit may be granted, provided that: 1. There is a demonstrated need and potential for continued use of the structure for the purpose stated. 2. No commercial or home occupation activities are conducted on the property. 3. The building has an evident re use or function related to a single family residential environment in urban service areas or hobby farm environment in non-urban service areas of the City. 4. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. 5. The provisions of Section 11.07, Subdivision 2.D of this Chapter shall be considered and a determination made that the proposed activity is in compliance with such criteria. The applicant s proposed building would be located in the northwest corner of the steeply sloping lot. The building would meet the required setbacks of five feet. The building is shown to be a wood exterior structure, designed and painted to resemble a barn-style building. The aerial photo of the site appears to show the location as fairly exposed to the view from adjoining property. A location toward the northeast side property line would appear to benefit from more existing vegetation that would better limit visibility of the structure. While the ordinance accommodates additional accessory structures, the CUP provision is in place to allow the City to manage the siting of these structures to avoid clutter and visibility issues that may affect neighboring property. Moving the building location as suggested would accommodate this objective. Summary and Recommendation Planning staff supports the proposed CUP, based on the applicant s request for additional storage, noting that garage space is limited, and storage of materials is better located in buildings than outdoors. However, multiple sheds and accessory buildings can themselves create issues of aesthetics and clutter. While the building meets the other requirements of the code, staff would recommend approval with a condition that the applicant places the building toward the vegetated northeast side of the property where it would be less visible to adjoining properties. pc: Merton Auger Laureen Bodin Justin Kannas Metro West Inspections Aron Hill, 1317 Viking Drive, Buffalo, MN Return to Agenda

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17 1205 Buffalo Lake TH ST S MONTROSE BLVD MAPLEWOOD PLACE VIKING DRIVE DRIVE VIKING INGER PL TH ST S / Subject Parcels Buffalo Parcels GIS data is data generated by a computer database or system that is designed to electronically capture, organize, store, update, manipulate, analyze, and display all forms of geographically referenced information that is compiled, JUNE 22, 2017 Lakes, Storm Ponds, Wetlands from private or public sources, either alone or in cooperation Sheet No. Return to Agenda with other public or private entities, for use by a municipality. GIS data is accurate for its intended use by a municipality and may be inaccurate for other uses. 1 of 1 June 22, 2017 Prepared By: COORDINATE SYSTEM: NAD 1983 HARN ADJ MN WRIGHT FEET DATA SOURCE: WRIGHT COUNTY, MN DNR CITY OF BUFFALO ENGINEERING R E S O U R C E S : CRAIG BOEVE

18 NORTHWEST ASSOCIATED CONSULTANTS, INC Olson Memorial Highway, Ste. 320, Golden Valley, MN Telephone: Website: MEMORANDUM TO: FROM: Buffalo Mayor and City Council Buffalo Planning Commission Stephen Grittman DATE: July 5, 2017 RE: Buffalo Brooks Accessory Building Conditional Use Permit FILE NO: PROPERTY ADDRESS: 2317 Buffalo Run Road PROPERTY PID#: Background and Analysis JP Brooks Homes is seeking a Conditional Use Permit to accommodate the construction of an oversized attached garage building on a residential parcel at the above address. The property is zoned R-1, Single Family Suburban Residential. In the R-1 District, accessory buildings and all garage space (attached and detached) must be less than 1,200 square feet and generally less than the square footage of principal structure. The applicant is proposing to construct a home with an attached garage area of approximately 1,295 square feet. The garage area is just less than the footprint of the living space of the house, which is calculated at just over 1,300 square feet in area. The total square footage of finished space would be approximately 2,219 square feet on the main and second levels, plus an additional 708 square feet of potential finished space in the walk-out basement. The Zoning Ordinance accommodates more than 1,200 square feet of garage space by Conditional Use Permit. The ordinance applies the following additional requirements for such structures in Section 11.17: F. The same or similar quality exterior building material shall be used in the accessory building and in the principal building. All accessory buildings shall also be compatible with the principal building on the lot. Compatible means that the exterior appearance of the accessory building is not at variance with the principal building from an aesthetic and architectural standpoint as to

19 cause: (1) a difference to a degree to cause incongruity as determined by an Architectural Review Board; or (2) a depreciation of neighborhood or adjacent property values. G. Conditional Use Permits. The height and area limits for accessory buildings may not exceed that allowed in Subparagraphs C, D and E of this Subdivision, except by a conditional use permit. In addition, no permit shall be issued for the construction of more than one accessory building per lot in residential zones except by conditional use permit. Application for a conditional use permit under this Subparagraph shall be regulated by Section of this Chapter. Such a conditional use permit may be granted, provided that: 1. There is a demonstrated need and potential for continued use of the structure for the purpose stated. 2. No commercial or home occupation activities are conducted on the property. 3. The building has an evident re use or function related to a single family residential environment in urban service areas or hobby farm environment in non-urban service areas of the City. 4. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. 5. The provisions of Section 11.07, Subdivision 2.D of this Chapter shall be considered and a determination made that the proposed activity is in compliance with such criteria. The building would meet the required setbacks of five feet on the garage side, and 15 feet on the living side of the house. The site plan provided with the application shows that the driveway would be constructed to meet the maximum 24 foot driveway width at the front property line. The garage itself is shown to have two 16 foot wide doublegarage doors facing the street. The garage extends through the depth of the structure, and would have an overhead door access to the rear. The R-1 Zoning District limits impervious surface area on a parcel to a maximum of 35%. The proposed site plan shows approximately 4,200 square feet of impervious surface on a parcel of approximately 15,700 square feet, a coverage of about 27%. Summary and Recommendation Planning staff supports the proposed CUP, as being consistent with the requirements and criteria for Conditional Use Permit review in the R-1 Zoning District. pc: Merton Auger Laureen Bodin Justin Kannas Metro West Inspections JP Brooks Homes, Applicant (briana@jpbrookshomes.com) 2 Return to Agenda

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28 BUFFALO RUN RD BUFFALO RUN ROAD BRONCO LN TH ST SE / Subject Parcels Buffalo Parcels Lakes, Storm Ponds, Wetlands Return to Agenda GIS data is data generated by a computer database or system that is designed to electronically capture, organize, store, update, manipulate, analyze, and display all forms of geographically referenced information that is compiled, from private or public sources, either alone or in cooperation with other public or private entities, for use by a municipality. GIS data is accurate for its intended use by a municipality and may be inaccurate for other uses. Sheet No. 1 of 1 July 5, 2017 Prepared By: COORDINATE SYSTEM: NAD 1983 HARN ADJ MN WRIGHT FEET DATA SOURCE: WRIGHT COUNTY, MN DNR CITY OF BUFFALO ENGINEERING R E S O U R C E S : CRAIG BOEVE