BUFFALO PLANNING COMMISSION AGENDA Meeting: Monday, July 13, 2020 Place: Buffalo City Center Time: 7:00 p.m. The Buffalo Planning Commission will hold its July 13, 2020 meeting remote telephonic/electronic meeting pursuant to Minn. Stat. 13d.021. The meeting is open to the public with limitations on the number of people allowed in the meeting room per Executive Order 20-56. The Mayor and City Administrator, based on Governor Walz’s emergency declaration and recent “Safely Reopening Minnesota’s Economy and Ensuring Safe Non-Work Activities during the COVID-19 Peacetime Emergency” order have determined that up to ten people will be allowed in the Council Chambers and up to eight people in the hallway near the monitor because of the COVID-19 health pandemic. Members of the Commission and the appropriate staff will be present at the meeting through telephone or other electronic means. The Commission members may be present at the meeting, or if they choose they may participate electronically. The public is encouraged to listen to the meeting through the following means: ▪ Public may view the meeting by streaming live on the City of Buffalo’s website at www.ci.buffalo.mn.us or by viewing Spectrum Channel 180. Written comments may be submitted during the meeting by emailing [email protected]. In-person public comment opportunity will also be available for the public hearing under State guidelines for distancing and public gathering. As always, your comments, concerns and testimony are encouraged. General comments from the community can be submitted at any time to City staff via phone at 763-682- 1181 or email at [email protected]. Staff will follow up on such comments as appropriate and as time allows during this COVID-19 health pandemic.
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BUFFALO PLANNING COMMISSION AGENDA · 2020-07-09 · BUFFALO PLANNING COMMISSION AGENDA Meeting: Monday, July 13, 2020 Place: Buffalo City Center Time: 7:00 p.m. The Buffalo Planning
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BUFFALO PLANNING COMMISSION
AGENDA
Meeting: Monday, July 13, 2020
Place: Buffalo City Center
Time: 7:00 p.m.
The Buffalo Planning Commission will hold its July 13, 2020 meeting remote telephonic/electronic meeting pursuant to Minn. Stat. 13d.021. The meeting is open to the public with limitations on the number of people allowed in the meeting room per Executive Order 20-56. The Mayor and City Administrator, based on Governor Walz’s emergency declaration and recent “Safely Reopening Minnesota’s Economy and Ensuring Safe Non-Work Activities during the COVID-19 Peacetime Emergency” order have determined that up to ten people will be allowed in the Council Chambers and up to eight people in the hallway near the monitor because of the COVID-19 health pandemic. Members of the Commission and the appropriate staff will be present at the meeting through telephone or other electronic means. The Commission members may be present at the meeting, or if they choose they may participate electronically.
The public is encouraged to listen to the meeting through the following means:
▪ Public may view the meeting by streaming live on the City of Buffalo’s website atwww.ci.buffalo.mn.us or by viewing Spectrum Channel 180. Written comments may besubmitted during the meeting by emailing [email protected] . In-personpublic comment opportunity will also be available for the public hearing under Stateguidelines for distancing and public gathering.
As always, your comments, concerns and testimony are encouraged. General comments from the community can be submitted at any time to City staff via phone at 763-682-1181 or email at [email protected]. Staff will follow up on such comments as appropriate and as time allows during this COVID-19 health pandemic.
1. OPEN FORUMThis is the time that residents or developers can bring items before the PlanningCommission not yet scheduled for hearing or formal review by the Commissionand not on the regular agenda.
2. APPROVAL OF JUNE 8 PLANNING COMMISSION MINUTES
3. AGENDA ADDITIONS OR DELETIONS
4. COUNCIL REVIEW• Matt Nichols CUP, 1727 Pulaski Road, 103-500-163215
5. PUBLIC HEARING – WHISPERING WINDS OF BUFFALOHOMEOWNER’S ASSOCIATION – PUD AMENDMENT, XXXX
CARL WAY, PID 103-178-000070
6. PUBLIC HEARING – TSM GREENBRIER LLC, GREENBRIAR
HILLS SOUTH OUTLOT PLAT – SUBDIVISION FINAL PLAT,XXXX DAGUE AVE, PID 103-500-164400
7. OTHER
Planning Commission Minutes June 8, 2020
CALL TO ORDER Pursuant to due call and notice thereof, Jameson Wakefield called the Planning Commission Meeting to order on the 8th day of June 2020 at 7:00 p.m. in the Council Chambers of the City Center at 212 Central Avenue. Present were Planning Commission Members Jameson Wakefield (off site), George Fantauzza (off site), Paul Olson (off site), Steve Downer (off site), Diane Bjorgum (off site), Ann Vars (on site), and Tom Salkowski (off site). Also present was City Planner Steve Grittman (on site), Community & Economic Development Director Jennifer Nash (on site) and Videographer Quincy Kabe (on site). OPEN FORUM No one was present to speak at the open forum and no comments were received. APPROVAL OF MARCH 9 PLANNING COMMISSION MINUTES Salkowski noted a correction to the draft minutes in the second paragraph regarding discussion of the downtown vision study. A motion was made by Salkowski and seconded to approve the minutes as presented with this correction. A roll call vote was taken: Aye: Bjorgum, Fantauzza, Olson, Salkowski, Downer and Wakefield Abstained: Vars Nay: None Vote is 6-0 with one abstention. Motion carried. AGENDA ADDITIONS OR DELETIONS Olson asked about soft-sided dumpsters being used on properties for extended periods of time. Nash noted that, although staff do work with folks with projects ongoing, dumpsters are otherwise restricted to storage for one week in the nuisance ordinance. For properties where bags filled with debris have been sitting on a property for some time, residents can let City staff know and the code enforcement officer will respond to work with the property to have the bags removed.
June 8, 2020
COUNCIL REVIEW Council representative Downer noted that applicants Jerid and Katrina Adickes withdrew their request for Zoning District Amendment at 205 and 207 4th Ave S. Greenbriar Hills 4th and 5th addition final plats and PUDs were approved by the Council as recommended by the Planning Commission. PUBLIC HEARING – MATT NICHOLS – CONDITIONAL USE PERMIT, 1727 PULASKI ROAD, PID 103-500-163215 Planner Grittman introduced this application. Matt Nichols has applied for a conditional use permit to construct accessory structure space exceeding 1200 square feet. Grittman noted clarification should be provided of conversion of existing 784 square foot garage in order to be able to review square footage of primary living space as compared with accessory space. The applicant proposes to meet all impervious surface standards and approved setbacks. The property is in R-1, Single Family Suburban and Shoreland Overlay zoning districts. Grittman also noted that the impervious surface is nearing the 25% limit, so although the limit is not exceeded, there may be an issue if the applicant seeks to add a new driveway separate than the current shared driveway in the future.
Salkowski asked about potential for conversion of the space above the garage into a separate dwelling unit. Grittman noted that full separate living quarters would be a violation of existing ordinances. Fantauzza asked about a set of stairs leading to the second floor. He also asked whether the amount of driveway could be reduced. Grittman noted that although it is a lot of pavement, the driveway as proposed fits within impervious surface requirements. The Commission could recommend reduction within conditions of CUP if they would like. Olson asked if there is a formal agreement recorded allowing for permanent access using the shared driveway from the neighbor’s property. Grittman noted this would be a private arrangement that Staff does not investigate, but hard surface requirements would need to be met if a new driveway is added in the future and there would be options to do that. Salkowski suggested the applicant consider making additional improvements to improve drainage and aid with run-off due to the proximity to the lake. Bjorgum also suggested she would be interested in requiring the grading plan as suggested by the engineer in order to review run-off questions. Applicant Matt Nichols noted he believes there is an easement for the shared driveway access. He also noted that the existing garage space would be converted fully into a
June 8, 2020
recreation room and one of the 16 foot doors shown on the plan is planned to be removed. He stated the driveway can be reduced some with the removal of this door and the driveway slopes away from the lake. Grittman noted a contingency could be added to the recommendation to Council to clarify the reduction in the driveway and conversion of existing garage space if the Commission would like. A motion was made by Salkowski and seconded to recommend approval based on NAC Memorandum, File No: 137.15-20.02 dated June 2, 2020 and the BMI Memorandum, BMI Project No: W13.116296, and with conditions that existing garage space is converted into living space and the driveway surface is reduced. A roll call vote was taken: Aye: Bjorgum, Fantauzza, Olson, Salkowski, Downer, Vars and Wakefield Nay: None Vote is 7-0. Motion carried. OTHER Nash noted an interim ordinance was passed by Council to allow additional outdoor dining during COVID restrictions. Also staff is working with Central Minnesota Housing Partnership on an application for Community Development Block Grant to hopefully fund housing and commercial rehabilitation projects in the future if successful. ADJOURN A motion was made by Vars and seconded to adjourn the meeting at 7:51 p.m. A roll call vote was taken: Aye: Bjorgum, Fantauzza, Olson, Salkowski, Downer, Vars and Wakefield Nay: None Vote is 7-0. Motion carried. Chairperson Community & Economic Development Director
RETURN TO AGENDA
EXCERPT FROM JUNE 15, 2020 COUNCIL MINUTES Planning Commission Matters Matt Nichols – Conditional Use Permit 1727 Pulaski Rd, PID 103-500-163215 Council Member Downer reported on the Planning Commission item. Upon motion by Council Member Downer, motion seconded by Council Member Anderson to approve of the CUP based on NAC Memorandum, File No: 137.15-20.02 dated June 2, 2020 and the BMI Memorandum, BMI Project No: W13.116296, and with conditions that existing garage space is converted into living space and the driveway surface is reduced. VOTE Anderson Downer Enter Lachermeier Kittock
Aye ☒ ☒ ☒ ☒ ☒
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Motion passed.
RETURN TO AGENDA
MEMORANDUM TO: Buffalo Mayor and City Council Buffalo Planning Commission FROM: Stephen Grittman DATE: July 8, 2020 RE: Buffalo – Whispering Winds PUD Amendment FILE NO: 137.03 – 20.07 PROPERTY ADDRESS: NA PROPERTY PID#: 103-178-000070 Background and Analysis Whispering Winds is a detached townhouse development along Carl Way, a private street, and Leo Lane, a public street. The area was initially platted for attached twinhomes, with 10 such units developing along Leo Lane. The remaining twinhome lots along Carl Way were reapproved as detached townhouses in 2017. The plat for Whispering Winds created a series of base lots surrounded by a common lot that then to be owned and maintained by the Homeowners’ Association. The base lots – individually owned - were created to provide only few feet around the unit, with the remaining driveways, open space (including rear yards) and Carl Way incorporated into the common lot. Since the time of the original development and the amendment, property owners began to construct decks and/or patio areas adjoining the rear of several of the units. With a recent deck permit request, it was discovered that these improvements were being constructed across the property line, encroaching onto the Homeowners’ Association common lot. The original development plan did not include these improvements, and the grading plans did not anticipate the regrading or pavements that have been constructed. Because the property line exists as it does, the City cannot technically issue a building permit for the decks since the applicants do not own the property on which the decks are to be
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located. To remedy the situation, the property owners, represented by the Homeowners, are seeking an amendment to the PUD to allow these encroachments. One option would be to replat the development and convey the area for deck or patio from the HOA to the individual lot owners. This, however, is a difficult and expensive undertaking, given the many parties – including all lien holders (mortgagees, etc.) – that would need to acquiesce to the plat. The proposed solution is for the HOA to request this PUD amendment, signifying its agreement to the encroachments. There are a series of limitations that should be included in this amendment, as follows:
1. The HOA, as an entity, and on behalf of each of its member owners, would indemnify the City against liability for any drainage issues created by private improvements placed as a result of this amendment.
2. The HOA and its owner members will be solely responsible for any liability resulting from the grading, landscaping, or construction related to these improvements.
3. The individual owners would certify on their permit applications that they are not interfering with the drainage patterns nor causing drainage issues for their neighbors.
4. The amendment would specify a detailed area for the proposed improvements. The applicants are suggesting a location that would be described generally as: “An area across the width of the rear of each unit, to a depth of 12 feet from the rear wall of the unit as constructed, regardless of location of any lot line.”
5. If the improvements result in the need for fencing or screening, such fencing shall adhere to these same conditions.
6. The HOA accepts this amendment as its authorization for the City to approve permits requested by its owner members, and to conduct inspections on the subject property as necessary, without further HOA approvals.
Summary and Recommendation With this language agreed to as a part of an amended development agreement, or as a freestanding development agreement document, planning staff is supportive of the improvements as proposed. pc: Laureen Bodin Jennifer Nash Justin Kannas Metro West Inspections
COB ENG DEPT.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 ofgeographically 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. DATA SOURCE:
WRIGHT COUNTY, MN DNRCITY OF BUFFALO ENGINEERING
/Subject Parcels Buffalo Parcels
CARL
WAY
LEO
L
N
PULASKI RD
1501
1497
1402
1404
1400
1406
1503
1495
1505
1408
1507
1410
1306
1412
1422
1307
1509
1414
1416
1304
1420
1498
1418
1306
15001511
1493
1406
1404
1402
1411
1410
1417
1428
1416
1412
1407
1403
1402
1409
1404
1426
1413
1401
1418
1415
1430
1420
1422
1400
1408
1414
1406
1424
1400
1417
1423
1419
1421
1415
1413
13051304
1513
1411
Wright County Surveyor Department - 2018 Aerial Photography
COB ENG DEPT.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 ofgeographically 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. DATA SOURCE:
WRIGHT COUNTY, MN DNRCITY OF BUFFALO ENGINEERING
PotentialPatio/DeckLocations
Buffalo Parcels/
RETURN TO AGENDA
MEMORANDUM TO: Buffalo Mayor and City Council Buffalo Planning Commission FROM: Stephen Grittman DATE: July 8, 2020 RE: Buffalo – Greenbriar Hills South Final Plat FILE NO: 137.03 – 20.06 PROPERTY ADDRESS: NA PROPERTY PID#: 103-500-164400 Background and Analysis TSM Greenbriar is seeking approval of a Final Plat that establishes a series of outlots over the south portion of the Greenbriar Hills development area. The subject property is approximately 30 acres in area, and lies south of the Greenbriar Pond, abutting Dague Avenue on the east, and 30th Street NE (called 16th Street within the City limits) on the south. The plat incorporates to remnant parcels that adjoin Greenbriar Lane on the west edge of the plat. Those remnants will be incorporated into single family lots when Greenbriar South is ready to replat into lots and blocks, as anticipated by the approved Preliminary Plat. The plat consists of 4 outlots. Outlot A comprises the primary development area, as well as the south portion of the Greenbriar Pond. This area will be later replatted and developed for residential uses. Outlot B is being created an conveyed to the City as a part of the project’s park dedication requirements. This area will be developed as a public park. Outlots C and D are right of ways for both Dague and 30th Street NE. The ultimate right of way width will be 50 feet from centerline (100 feet overall). The current legal description of the unplatted land runs to the current road centerlines. Thus, Outlots C and D incorporate the
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right of way dedication necessary to supplement the existing road easements for both streets. As noted by the City Engineer, these outlots should be reconfigured across Outlot B, so the full right of way is platted, and Outlot B (the park) consists of land outside the road right of way. Summary and Recommendation The Final Plat for Greenbriar South is consistent with the layout of the Preliminary Plat for this area. With the conditions noted by the City Engineer, planning staff recommends approval of Greenbriar South as submitted. pc: Laureen Bodin Jennifer Nash Justin Kannas Metro West Inspections
H:\Buff\W13116296\1_Corres\C_To Others\2020-07-07 116296 PC Memo Final Plat Greenbriar Hills South.docx
MEMORANDUM
Date: July 7, 2020
To: Honorable Mayor Lachermeier, Members of the City Council and Members of the Planning Commission – Buffalo, Minnesota
From: Justin Kannas, P.E.City Engineer
Subject: Greenbriar Hills South – Final Plat Review Buffalo, MinnesotaBMI Project No: W13.116296City Project No: 2018-10
I have reviewed the Final Plat for the above referenced project and have the following comments:
1) The 20’ wide outlot for Dague Avenue right-of-way shall continue through Outlot B, rather than Outlot B extending all the way to the 30’ right-of-way line of Dague Avenue.
2) A 10’ wide drainage and utility easement shall be added along the east and south sides of Outlot A adjacent to Outlots C and D.
3) Outlots B, C and D shall be deeded to the City of Buffalo upon recording of the Final Plat.
4) Outlot D along 30th Street can be reduced to 17’ in width for a total half right-of-way width along 30th Street of 50 feet (from center of right-of-way to back edge of Outlot D).
I recommend approval of the Final Plat contingent upon the above comments and comments as submitted by other City Staff.
JLK/jk
cc: Laureen Bodin, City Administrator, City of BuffaloJennifer Nash, Community and Economic Development Director, City of BuffaloStephen Grittman, Northwest Associated Consultants, Inc.Don Jensen, DJ2DMJ Planning, LLCCara Otto, Otto & Associates
COB ENG DEPT.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 ofgeographically 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. DATA SOURCE:
WRIGHT COUNTY, MN DNRCITY OF BUFFALO ENGINEERING
/Subject Parcels Buffalo Parcels
16TH ST NE / 30TH ST NE
DAGU
E A
VE
2840
2777
3252
3283
3390
2000
1616
2844
1604
1606
34382412
2410
1618
2407
2405
1614
2408
1608
2406
1612
1610
2403
2404
1504
1605
1620
1607
1506
2408
25712414
1602
1609
2401
2402
2574
Wright County Surveyor Department - 2018 Aerial Photography