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 cityoffices@ci.buffalo.mn.us . 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 cityoffices@ci.buffalo.mn.us. Staff will follow up on such comments as appropriate and as time allows during this COVID-19 health pandemic.

Planning Commission Agenda Page 2

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

2

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

LAKESIDE

CIR

County Road No. 134

LEO

LN

LEO

LN

CARL

WAY

PULASKI RD

ROBE RT SRD

PULASKI CIR

PULASKI

RD

LAKE PULASKI

1314

1601

1519

1517

1501

1497

1527

1506

1525

1515

1302

1402

1312

1300

1206

1208

1404

1513

1603

1400

1511

1406

1503

1487

13061215

1507

1495

14221509

1523

1408

1498

1493

15001502

1307

1420

1304

1529

1410

1504

1306

1204

1306

105

1302

1412

1304

1230

1305

1213

1228

13001310

1211

1416

1414

12131308 1217

1301

1307

1209

1481

1303

1418

1483

1304

1485

1305

1301

1206

1303

1207 105

1410

1404

14081406

1505

12221220

1224

1211 1218

14911489

1226

101

1501

1216101 103

1307

107

1400

14061404

1402

1311

1411

1417

1428

1416

1412

1407

1403

1402

1409

1426

1413

1401

14181415

1430

14201422

1400

1414

1424

1407

1401

14171423

14091415

1208

1411

1403

1419 1421

1413

1405

1602

1204 1214

1479

103

103178000070103178000070

Sheet No.1 of 1

Prepared By:COORDINATE SYSTEM:NAD 1983 HARN ADJ MN WRIGHT FEET

R E S O U RCES:

July 6, 2020

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

103178000070

103178000070

CARL WAY

LEO

LN

PULA

SKI

RD

1497

1501

1402

1400

1404

1406

1408

1410

1495

1412

1503

1414

1416

1418

1306

1406

1411

1404

1410

1417

1428

1412

1416

1407

1403

1402

1409

1404

1426

1413

1401

1418

1415

1430

1420

1422

1400

1408

1414

1406

1424

14231421

1420

1419

1505

1402

1417

Wright County Surveyor Department - 2018 Aerial

WHISPERINGWHISPERINGWINDSWINDS

ASSOCIATIONASSOCIATIONSheet No.

1 of 1

Prepared By:COORDINATE SYSTEM:NAD 1983 HARN ADJ MN WRIGHT FEET

R E S O U RCES:

July 9,2020

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

2

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

COPPERCREEK

LN

WILDFLOWERCT

GREENBRIARCT

BUFFALO

COVE

MEAD

O WCT

RASP

BERR

Y CT

FOREST RIDGE CIR

16TH ST NE

MAPLE AVE

DALE

AVE

ELMST

BUFFALO RIDGE DRIVE

PRAIRIE VIEW LN

WHI

TETA

ILRU

N

WHITE

TAIL

RUN

COPPERCREEK

TRL

FOREST

RIDGE

LN

MAPLE

LN

MEADO W DR

SADD

LEBR

OOK

RD

COPPER CT

CED

AR PL

MAP

LE C

TPL

UMTR

EECI

R

MAPLECIR

WHITETAILCT

GREENBRIAR

LN

30TH ST NE

3252

2777

2840

2844

3438

3390

3283

3770

3438

2000

1608 1616

2203 2407

1604

1626

2408

1604

1912

2005

310

2410

1605

2101

2100

2004

1803

1606

2002

1901

1624

1508

2410

2402

1801

218

22072003

2414

1503

2310

304

218

2709

1910

1810

1510

1603

1620

2404

2412

1611

2001

1813

1902

1806

1622 1618

2407

1822

2408

1713

2405

1601

2100

2308

1630

2204

2416

1810

2302

1808

2408

2406

2103

1506

1812

2412

1904

2005

2417

2207

2014

1814

2012

1628

1611

1500

2200

2405

1505 1504

2105

2407

1808

1716

2417

300

2017

1710

1602

2202

1804

308

1806

1916

1601

1711

2302

2400

2005

16151613

2007

2418

1609

1705

1707

1709

2501

2307

1606

302

2104

1700

2416

1502

1903

1511

1601

2205

1501

2102

1610

2407

2304

2301

2102

2400

1603

1607

1508 15061802 15071814

1703

2503

2200

2306

2401

2411

2201

2100 2200 22012201 2201

2016

1723

1503

1801

2300

1807

1607

1818

2200

1812

2103

1600

2101

2304

1914

2009

2403

2301

1504

2414

1701

302

220

2305

2405

2000

2304

2406

2304

2400

2306

2404

2107

1614

1803

1805

1505

2509

1605

1602

2309

1715

2400

2545

2007

1613

1804

2012

1712

1504

23032305

1717

1507

2408

2102

1608

2403

1908

2402

1506

2014

2011

2401

2002

1502

1509

1611

1702

2015

2211

2302

2406

2100

2300

2004

2305

1612

2101

24062402

2302

1811

2404

2411

1608

2303

2000

2013

1708

2403

2205 1905

2002

1603

2103

22092003 2409

2307

1708

2102

1816

1704

1706

16091607

1605

1901

2100

27122401

2001

2201

2415

1714

2206

2005

2413

1908

1809

2105

1807

2404

2102

1610

2200

1803

2202

1805

2300 23022100

2105 2403

2204 23002200 2202 2302

2205 240723032201 2203 2301 2405

2104

2004 2402

1719

1721

2404 2406

2003

1903

2103

2018

2006

2409

2304

2203

22022200

2209

2539

1609

1906

2413

2627

2575

2621

306

300

2636

2504

304

222

2520

2010

2551

25752569

2527

2704

2615

1710

1312

2703

2571

2202

2508

2418

1896

22032202

2614

2533

2524

2103

306

2528

25822586

2203

2412

2202

25342540

2574

2579

22032102

1314

2578

1901

1709

1903 1905

312

1403

2409

1701

270326332563

2605

2639

2609

2557

2603

2516

2710

2609

2624

2706

2701

2708

2610

2613

2014

2629

2512

25602604

2700

2566

2600

1890

26172621

2620

2711

25902594

2707

2625

216

18081310

1907

1812

2004

2001

1906

1810

2112

1407

1900

1806

103500164400103500164400

Sheet No.1 of 1

Prepared By:COORDINATE SYSTEM:NAD 1983 HARN ADJ MN WRIGHT FEET

R E S O U RCES:

July 6, 2020

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

103500164400

103500164400

RETURN TO AGENDA