HomeMy WebLinkAbout02/12/13City of Farmington
430 Third Street
Farmington, MN 55024
CALL TO ORDER
ELECTION OF OFFICERS
a) Chair
b) Vice Chair
APPOINTMENTS TO COMMITTEES
a) Empire, Farmington Planning Advisory Committee [EFPAC]
b) Castle Rock Discussion Group
c) Eureka Planning
d) MUSA Review Committee
4. APPROVAL OF MINUTES
a) January 8, 2013 Regular Meeting
PUBLIC HEARINGS
AGENDA
PLANNING COMMISSION
February 12, 2013
7:00 P.M.
CITY COUNCIL CHAMBERS
A Proud Past A Promising Future
Committed to Providing High Quality,
Timely and Responsive Service to All.
Of Our Customers
a) Variance request of 732 square feet to construct a 2,232 square foot detached garage within the R -1 Zoning District
Applicant: Kerry Hanifl
19927 Akin Road
Farmington, MN 55024
b) Zoning and Comprehensive Plan Guidance of the area known as the Empire Orderly Annexation Area
Applicant: City of Farmington
430 Third Street
Farmington, MN 55024
6. DISCUSSION
a) Request to Board of Adjustment for Approval of Off- Street Parking Lot Colin Garvey
b) 2013 Meeting Schedule calendar
ADJOURN
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.cifarmington.mn.us
TO: Planning Commission
FROM: Tony Wippler, Assistant City Planner
SUBJECT: Appointments to Committees
DATE: February 12, 2013
INTRODUCTION DISCUSSION
The Planning Commissioners need to discuss which commissioner should represent the following committee's:
a) Empire Farmington Planning Advisory Committee [EFPAC]
This committee meets periodically to discuss topics pertinent to Farmington and Empire Township.
Council Member Fogarty represents the City Council on this committee. One Planning Commissioner is
needed to represent the Planning Commission on this committee. The 2012 PC representative was then
Planning Commissioner Bonar.
b) Castle Rock Farmington Planning Advisory Committee
This committee meets periodically to discuss topics pertinent to Farmington and Castle Rock Township.
Mayor Larson represents the City Council on this committee. One Planning Commissioner is needed to
represent the Planning Commission on this committee. The 2012 PC representative was Commissioner
Franceschelli.
c) Eureka Farmington Planning Group
This committee meets periodically to discuss topics pertinent to Farmington and Eureka Township.
Council Member Bonar represents the City Council on this committee. One Planning Commissioner is
needed to represent the Planning Commission on this committee. The 2012 PC representative was
Commissioner Kuyper.
d) MUSA Review Committee
This committee meets periodically to discuss the growth of Farmington and where the next extension of
sewer will occur in the future. Council Members Donnelly and Bartholomay represent the City Council
on this committee. Two Planning Commissioners are needed to represent the Planning Commission on
this committee. The Committee is also made up of two members from the Park Recreation
Committee /staff and two members from the School District Board /staff. The 2012 PC representatives
were Commissioner Kuyper and then Planning Commissioner Bonar.
ACTION REQUESTED
The Planning Commission should discuss and appoint who will represent the Planning Commission on each of
these committees during the 2013 calendar year.
Respectfully submitted,
it7't Cti
Tony Wippler, Assistant City Planner
INTRODUCTION
Applicant:
Attachments:
Variance Request:
TO: Planning Commission
FROM: Tony Wippler, Assistant City Planner
SUBJECT: A variance request of 732 square feet to construct a 2,232 square foot detached garage within the R -1
Zoning District
DATE: February 12, 2013
Planning Division Review
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.cifarmington.mn.us
Kerry Hanifl is seeking approval of a variance to exceed the 1,500 square foot maximum size requirement for a detached
garage within the R -1 Zoning District by 732 square feet. The applicant would like to build a 2,232 square foot detached
garage on the property located at 19927 Akin Road.
Kerry Hanifl
19927 Akin Road
Farmington, MN 55024
Property Address: 19927 Akin Road
Existing Zoning: R -1 (Low Density Residential)
2030 Comprehensive Plan: Low Density Residential
DISCUSSION REVIEW OF PREVIOUSLY GRANTED VARIANCE
Variance granted by Planning Commission on June 12 2012
1. Application (Ex. A)
2. Aerial photography of property (Ex. B)
3. Site plan (Ex. C)
4. Building elevations and floor plans (Ex. D1 -D2)
To construct a 2,232 square foot detached garage on her property. This would be
an increase of 732 square feet from the maximum size of a detached garage in the
R -1 Zoning District.
The applicant received a variance from the Planning Commission on June 12, 2012 for the purposes of constructing a
detached garage up to 2,000 square feet in size (an increase of 500 square feet of City Code allowance) on her property.
However, since the time of that original approval the applicant has determined that she would like to add a 288 square
foot covered porch to the proposed 1,944 square foot detached garage (please see Exhibits D1 D2; to date the detached
garage has not been built). By adding the porch, the overall size of the proposed detached garage increases to 2,232
square feet (an increase of 732 square feet of City Code allowance).
General Review
The applicant's property consists of two parcels of land totaling 10.89 acres (please note attached aerial Ex. B
highlighting the two parcels). The applicant's home, pool and existing outbuilding are located on the larger 7.65 acre
parcel (Parcel A) that is adjacent to Akin Road. The proposed 2,232 square foot detached garage would also be located on
this parcel. Parcel B is a remnant parcel from the Vermillion Grove subdivision. The applicant is requesting a larger
detached accessory building as it is proposed to be utilized as a multi -use building (i.e., garage, wood shop and recreation
room). The proposed 2,232 square foot detached garage would still be smaller that the principal structure (home) which,
according to County records, has a foundation size of 2,338 square feet in size maintaining the code requirement that an
accessory structure be subordinate to the principal structure.
As previously mentioned, there is an existing outbuilding located on this property that is approximately 800 square feet in
size. The City Code allows for 1 storage shed up to 240 square feet in size and 1 detached garage up to 1,500 square feet
on this parcel. Being the existing outbuilding is well above the 240 square foot limitation for storage sheds it is
considered the same as a garage. Therefore, the applicant will have to demolish the existing outbuilding irregardless of
the size of the proposed detached garage in order to be in compliance with the City Code. The applicant, with this recent
application, has requested the allowance to demolish the existing outbuilding after the construction of the new one is
complete. Staff is comfortable with this request provided the variance, if approved, is conditioned that the existing
outbuilding is demolished within one (1) month's time of the date the new structure passes its final building inspection.
Lot coverage and setbacks will not be an issue with the proposed detached garage if constructed as proposed and placed
on the property where the applicant has identified it on the attached site plan (Ex. C).
The Planning Commission shall not approve any variance unless they find that "practical difficulties" as defined in City
Code exist using the following criteria:
1. Because the particular physical surroundings, or shape, configuration, topography, or other conditions of the
specific parcel of land involved, strict adherence to the regulations of this title would cause practical difficulties.
The parcel of land on which the detached garage is to be located is 7.65 acres in size. There are few residentially
used and zoned parcels of this size within the City. And, being the applicant wishes to utilize the structure for
multiple purposes (garage, work shop, and recreational room) it seems reasonable to staff to allow the increase
of 732 square feet.
2. That the variance would be consistent with the comprehensive plan.
The variance is consistent with the comprehensive plan.
3. That the variance would be in harmony with the general purpose and intent of this title.
It is staff's belief that the variance would be in harmony with the general purpose and intent of this title.
4. The conditions upon which the variance is based are unique to the parcel of land for which the variance is sought
and are not applicable, generally, to other properties within the same zoning classification.
The parcel on which the proposed detached garage is to be located on is 7.65 acres in size. There are few, if any,
residentially zoned and used lots within the City of this size making it a unique situation. The minimum square
footage for a lot that is zoned R -1 is 10,000 square feet (0.23 acres).
5. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having
any interest in the parcel of land.
The practical difficulty was not created by the current owners of the property.
6. The granting of the variance will not alter the essential character of the locality or be injurious to other property
within the vicinity in which the parcel of land is located or substantially diminish property values.
The variance will not alter the essential character of the locality or be injurious to other property within the
vicinity in which the parcel of land is located or substantially diminish property values.
7. The proposed variance will not substantially increase congestion of the public streets, or increase the danger of
fire, or be detrimental to the public welfare or public safety.
The variance will not substantially increase the congestion of public streets, or increase the danger of fire, or be
detrimental to the public welfare or public safety.
8. The requested variance is the minimum action required to eliminate the practical difficulties.
This is the minimum action necessary to eliminate the practical difficulties.
9. Variances may not be approved for any use that is not allowed under this title for property in the zone where the
affected person's land is located except that the temporary use of a one family dwelling as a two- family dwelling
may be authorized by variance.
Detached garages are allowed within residential areas provided they meet setback and lot coverage
requirements.
ACTION REQUESTED
Staff recommends approval of the variance as requested, subject to the following conditions:
1. The demolition of the existing outbuilding must be completed within one (1) month's time of the date the new
structure passes its final building inspection.
2. The submission and approval of a building permit.
Respectfully submitted,
Tony ippler, Assistant City Planner
Cc: Kerry Hanifl, 19927 Akin Road
VARIANCE APPLICATION
Applicant:
Address:
Street
Owner: 54tvALd
Address:
Current Zoning District 1`
SUBMITTAL REQUIREMENTS
Proof of Ownership
Application Fee ($200)
Boundary Lot Survey
Signature of Property Owner
City
City of Farmington
430 Third Street
Farmington. Minnesota
651.280.6800 Fax 651.280.6899
wwwcifarmington.mn.us
Telephone: 6d) f6D 2-(l. Fax: LJ
State
JAN 0 7 2013
Zip Code
Telephone: Fax: LJ
State
Current Land Use (tee„`,
Zip Code
Street City
Premises Involved: �i■ I
Address/ Legal Description (lot, block, plat name, section, township, range)
EX•A
Specific Nature of Request Claimed Practical Difficulties: l 4 1 c r Gn C9 1,9rt t _ricc
nGLree, cc A G ov cal pu O. T ,t..--re.--COD
11 Copies of Site Plan Ak o -Co rte, ArfQ,tmv `b d¢aw ('3 h
Abstract/Residential List (adjoining property owners only) GaAs
Torrens (Owner's Duplicate Certificate of Title Required) dA- air q'e.
f zfl 2 l l 3 //2
Date Signature o Applicant Date
Request Submitted to the P g Commission on //7/13 For office use only
Public Hearing Set for: /3 Advertised in Local Newspaper: /q //g
Planning Commission Action:
Comments:
Conditions Set:
Approved Denied Fee Paid X
c $2 City of Farmington
$46 Dakota County Recorder
Planning division: Date:
9/06
DRAFTED BY:
City of Farmington
430 Third Street
Farmington, MN 55024
Dakota County, MN
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a
legal document and should not be substituted for a title search,appraisal, survey, or for zoning
verification. Dakota County assumes no legal responsibility for the information contained in this data.
Map Scale
1 inch 252 feet
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INTRODUCTION
DISCUSSION
Area A
120290028011
120290028060
120290028012
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
Planning Commission
Tony Wippler, Assistant City Planner
Comprehensive Plan Amendments and Zonings Empire Orderly Annexation Area [OAA]
February 12, 2013
On March 19, 2008 the City Council and the Empire Township Town Board adopted a joint resolution establishing an
orderly annexation agreement for a portion of the township that includes 33 parcels of land totaling approximately 575
acres.
The orderly annexation agreement gives the City authority to exercise planning, land use, zoning and subdivision
regulations within the boundary of the Orderly Annexation Area [OAA]. Past practice has been that the City would only
zone and comprehensively guide a property if it were within the municipal boundary of the City. Recently, the township
expressed its expectation that the City would assume the zoning regulations for the properties within the OAA.
Staff held a work session with the Commission and two Empire Township Representatives on November 1, 2012 to
discuss the potential zoning and comprehensive plan guidance of the properties within the OAA as well as received public
comment regarding what was being proposed. At that work session general consensus was made on what the properties
within the OAA should be zoned and comprehensively guided.
Attached as Exhibit A, is a portion of a city map identifying the areas of Empire Township that are within the OAA. For
purposes of this discussion, staff has divided the OAA into seven areas labeled as A -G. Descriptions of the seven areas
are provided below as well as what is being proposed for zoning and comprehensive plan guidance for each parcel
(identified via Parcel Identification Number) within the areas:
Consists of approximately 9.03 acres of land at the southwest intersection of CR 66 (Vermillion River Trail) and
Cambodia Avenue and is divided over seven residential properties and has an existing residential density of 0.78 dwelling
units per acre. This area corresponds with the attached maps labeled la and lb.
Comprehensive Plan Guidance (Map la)
Low Density Residential
Low Density Residential
Low Density Residential
Zoning (Map lb)
R -1 (Low Density Res.)
R -1 (Low Density Res.)
R -1 (Low Density Res.)
Area B
Area C
Area D
120290028050
120290028040
120290028030
120290028020
120290076010
120290075012
120320001012
120290054013
120290075011
122050001010
120290052010
120290056010
120290057013
120290056100
120290056110
Low Density Residential
Low Density Residential
Low Density Residential
Low Density Residential
Comprehensive Plan Guidance (Map 2a)
Low Medium Density Residential
Low Medium Density Residential
Low Medium Density Residential
Agricultural
Agricultural
Comprehensive Plan Guidance (Map 3a)
Public /Semi Public
Public /Semi Public
Public /Semi Public
Public /Semi Public
Comprehensive Plan Guidance (Map 4a)
Commercial
Commercial
R -1 (Low Density Res.)
R -1 (Low Density Res.)
R -1 (Low Density Res.)
R -1 (Low Density Res.)
Consists of approximately 166.38 acres of land and is generally located at the northwest intersection of Biscayne Avenue
and 210 Street W and contains 5 parcels of land ranging from 5 acres to 80 acres. A majority of the acres in this area are
currently utilized for farming operations. There are three residential parcels in this area as well. This area corresponds
with the attached maps labeled as 2a and 2b.
Zoning (Map 2b)
R -2 (Low/Med. Density Res.)
R -2 Low/Med. Density Res.)
R -2 (Low/Med. Density Res.)
A -1 (Agriculture)
A -1 (Agriculture)
Consists of 24.78 acres of land spread over four parcels and contains two cemeteries owned by the Corinthian Lodge and
St. Michaels Church. Approximately half of the property is currently utilized for farming. The area is generally located at
the southeast intersection of Cantata Avenue and 208 Street W. This area corresponds with the attached maps labeled as
3a and 3b.
Zoning (Map 3b)
R -2 (Low/Med. Density Res.)
R -2 (Low/Med. Density Res.)
R -2 (Low/Med. Density Res.)
R -2 (Low/Med. Density Res.)
It should be noted that cemeteries are a conditional use in the R -2 zone; however, these cemeteries would be
grandfathered in.
This area consists of two parcels totaling 2.54 acres of land. Two commercial businesses (Farmington Plumbing and
Heating and what used to be Zarbok Construction) are contained on the properties. The parcels are generally located on
the east side of Trunk highway 3 directly north of the former American Legion property. This area corresponds with the
attached maps labeled as 4a and 4b.
Zoning (Map 4b)
B -1 (Highway Business)
B -1 (Highway Business)
Area E
This area consists of four parcels of land totaling 1.39 acres. Two of the parcels contain single family residences, one is a
vacant lot, and one contains a commercial building. The properties are located on the east side of Trunk Highway 3 off of
Chippendale Court. This area corresponds with the attached maps labeled as 4a and 4b.
122110000052
122110000070
122110000080
122110000091
Even though a majority of this area is currently utilized as residential, it was previously agreed upon that this areas highest
and best use, long term, would be Commercial due to its proximity of TH 3. It should also be noted that there are two
other existing homes on Chippendale Court that are currently within the City's municipal boundary and that they are
currently guided Commercial and zoned B -1.
Area F
This area consists of six parcels of land totaling 122.48 acres. The majority of the acreage in this area is utilized for
agricultural purposes. There are two residences also located within the area. The area is generally located off of
Minnesota State Highway 50, north of Fountain Valley Golf Course. This area corresponds with the attached maps
labeled as 5a and 5b.
Area G
120320079011
120320075010
120320076011
120320077010
120320076012
120320078010
This area consists of a portion of five parcels of land totaling 248.22 acres. The property is generally located south of
190 Street, west of the railroad tracks, and east of the Mystic Meadows subdivision. The area consists of floodplain and
agricultural land. This area corresponds with the attached maps labeled 6a and 6b.
120190075013 (a portion)
120300001011 (a portion)
120300002012
120300075011 (a portion)
120300076010
Comprehensive Plan Guidance (Map 4a)
Commercial
Commercial
Commercial
Commercial
Comprehensive Plan Guidance (Map 5a)
Agricultural
Agricultural
Agricultural
Agricultural
Low Medium Density Residential
Low Medium Density Residential
Comprehensive Plan Guidance (Map 6a)
Park/Open Space
Park/Open Space
Park/Open Space (NE 40 Acres)
Agricultural (South 72.13 Acres)
Agricultural
Agricultural
Zoning (Map 4b)
B -1 (Highway Business)
B -1 (Highway Business)
B -1 (Highway Business)
B -1 (Highway Business)
Zoning (Map 5b)
A -1 (Agriculture)
A -1 (Agriculture)
A -1 (Agriculture)
A -1 (Agriculture)
R -2 (Low/Med. Density Res.)
R -2 (Low/Med. Density Res.)
Zoning (Map 6b)
P /OS (Park Open Space)
P /OS (Park Open Space)
P /OS (Park Open Space)
A -1 (Agriculture)
A -1 (Agriculture)
A -1 (Agriculture)
The northern half of this area does contain a significant amount of floodplain and is suitable for park and open space.
Additionally, the City's Park and Recreation Department has master planned a softball complex that encompasses a
portion of the 40 acres identified with the PID 120300002012 on maps 6a and 6b. The remainder of the area
(approximately the south half of subject area) should be zoned and comp guided as agricultural until development is
imminent. It should be noted that Dakota County is proposing a regional greenway and trail that would bisect this entire
area. It is anticipated that the widths of this greenway will vary from 100 to 300 feet. This would be a nice amenity for
future adjacent residential properties.
ACTION REQUESTED
Recommend approval of the attached resolution and ordinance amending the 2030 Comprehensive Plan and Zoning the
properties identified within the Orderly Annexation Area, respectively, contingent upon the following:
1. Subject to the Metropolitan Council approval of the 2030 Comprehensive Plan Amendment application.
Respectfully submitted,
Tony Wippler, Assistant City Planner
7f It- I ac
f li 1=10-=_
EMPIRE OAA AREA
1_1
V
Areas for consideration of Zoning
and Comprehensive Plan Guidance
Ex. A
500
0 1000 2000
SCALE
3000
I
i
2030 Com rehensive Plan 2011 Amendment lc`
p
Empire Township North Low Density Area
Legend
MUSA Line
Ag Preserves
Agricultural
Commercial
Industrial
Mixed -Use (Commercial /Residential)
Low Density (1.0 -3.5 du /ac)
Low Medium (3.5 -6.0 du /ac)
Medium Density (6.0 -12.0 du /ac)
High Density (12.0+ du /ac)
Public /Semi Public
Park /Open Space
Restricted Development
ROW (Right -of -Way)
Empire OAA
Castle Rock OAA
120290028012
Low Density
120290028050
Low Density
8011
Low Density
120290028040
Low Density
120290028030
Low Density
120290028020
Low Density
Map current as of January 31, 2013.
0
100
200 Feet
Prepared for the
Farmington Community Development Department
by the Dakota County Office of GIS.
120290028060
R -1
120290028012
R'1
120290028040
/R-1
120290028050
R -1 120290028030
R-1
Legend
Zoning
L i A -1 (Agriculture)
B -1 (Highway Business)
B -2 (Downtown Business)
B -3 (Heavy Business)
B-4 (Neighborhood Business)
Business /Commercial Flex
I -1 (Industrial)
IP (Industrial Park)
Mixed -Use
Mixed -Use Commercial /Residential
Other
Farmington Zoning Map
Empire Township North Low Density (R -1) Area
P /OS (Park/Open Space)
R -1 (Low Density Residential 1.0 -3.5 du /ac)
R -2 (Low /Medium Density Residential 3.5 6.0 du /ac)
R -3 (Medium Density Residential 6.0 -12.0 du /ac)
R -5 (High Density Residential 12.0+ du /ac)
R -D (Downtown Residential)
R -T (Downtown Transitional Mixed Use)
L
ROW (Right -of -Way)
SSC (Spruce Street Commercial)
Water
Vermillion River Floodplain Q Downtown Commercial District
Historic Properties Empire OM
0 50 100
200 Feet
W E
Map dated January 31, 2013.
Prepared for the City of Farmington
Community Development Department
by the Dakota County Office of GIS.
2030 Comprehensive Plan (2011 Amendment) 716
Empire Township Northeast Agricultural Area
IJ
120290076010
Low Medium
120290075012
Low Medium
Map current as of January 31, 2013.
120320001012
Low Medium
Legend
MUSA Line
Ag Preserves
Agricultural
Commercial
Industrial
0
120290054013
Agricultural
High Density (12.0+ du /ac)
120290075011
Agricultural
Mixed -Use (Commercial/Residential) Public /Semi Public
Low Density (1.0 -3.5 du /ac) Park /Open Space
Low Medium (3.5 -6.0 du /ac) Restricted Development
Medium Density (6.0 -12.0 du /ac) ROW (Right -of -Way)
Empire OAA
Castle Rock OAA
Prepared for the
500 1,000 Feet Farmington Community Development Department
by the Dakota County Office of GIS.
Legend
Zoning
A -1 (Agriculture)
Farmington Zoning Map
Empire Township Northeast Agricultural Area
P /OS (Park/Open Space)
I J
L J B -1 (Highway Business) ri R -2 (Low /Medium Density Residential 3.5 6.0 du /ac)
B -2 (Downtown Business) I. J R -3 (Medium Density Residential 6.0 -12.0 du /ac)
IN B -3 (Heavy Business) R -5 (High Density Residential 12.0+ du /ac)
B-4 (Neighborhood Business) C',; R -D (Downtown Residential)
Business /Commercial Flex R -T (Downtown Transitional Mixed Use)
1 -1 (Industrial) ROW (Right -of -Way)
IP (Industrial Park) SSC (Spruce Street Commercial)
Mixed -Use Water
Mixed -Use Commercial /Residential
Other
R -1 (Low Density Residential 1.0 -3.5 du /ac)
Vermillion River Floodplain Q Downtown Commercial District
Historic Properties LZ Empire OM
1 1 I 1 I
0 125 250 500 Feet
W E
Map dated January 31, 2013
Prepared for the City of Farmington
Community Development Department
by the Dakota County Office of GIS.
2030 Comprehensive Plan (2011 Amendment) 3
Empire Township Cemetary
e
120290052010
Public /Semi Public
120290056010
Public /Semi Public
120290057013
Public /Semi Public
122050001010
Public /Semi Public
Legend
MUSA Line
Ag Preserves
Agricultural
Commercial
Industrial
Mixed -Use (Commercial/Residential)
J Low Density (1.0 -3.5 du /ac)
Low Medium (3.5 -6.0 du /ac)
Medium Density (6.0 -12.0 du /ac)
High Density (12.0+ du /ac)
Public /Semi Public
Park /Open Space
Restricted Development
ROW (Rightof -Way)
Empire OAA
Castle Rock OAA
Map current as of January 31, 2013.
0 100 200 Feet
Prepared for the
Farmington Community Development Department
by the Dakota County Office of GIS.
Legend
Zoning
r I A -1 (Agriculture)
B -1 (Highway Business)
B -2 (Downtown Business)
B -3 (Heavy Business)
B -4 (Neighborhood Business)
Business /Commercial Flex
1 1 -1 (Industrial)
IP (Industrial Park)
Farmington Zoning Map
Empire Township Cemetary
P /OS (Park /Open Space)
R -1 (Low Density Residential 1.0 -3.5 du /ac)
Mixed -Use L J Water
Mixed -Use Commercial /Residential
Other
Vermillion River Floodplain Q Downtown Commercial District
Historic Properties Empire OAA
122050001010
7
R -2 (Low /Medium Density Residential 3.5 6.0 du /ac)
R -3 (Medium Density Residential 6.0 -12.0 du /ac)
R -5 (High Density Residential 12.0+ du /ac)
R -D (Downtown Residential)
R -T (Downtown Transitional Mixed Use)
ROW (Right -of -Way)
SSC (Spruce Street Commercial)
7
1 1 1 1 1 1 1
0 50 100 200 300 Feet
W E
Map dated January 31, 2013.
Prepared for the City of Farmington
Community Development Department
by the Dakota County Office of GIS.
3 b
2030 Comprehensive Plan (2011 Amendment)
Empire Township Commercial Areas
Legend
MUSA Line
Ag Preserves
Agricultural
Commercial
Industrial
Mixed -Use (Commercial /Residential)
Low Density (1.0 -3.5 du /ac)
Low Medium (3.5 -6.0 du /ac)
Medium Density (6.0 -12.0 du /ac)
High Density (12.0+ du/ac)
Public/Semi Public
Park/Open Space
Restricted Development
ROW (Right -of -Way)
Empire OAA
Castle Rock OAA
1202 005610
C
1 r 900561
Map current as of January 31, 2013.
0
100
200 Feet
Prepared for the
Farmington Community Development Department
by the Dakota County Office of GIS.
Legend
Zoning
I.. A -1 (Agriculture)
B -1 (Highway Business)
B -2 (Downtown Business)
B -3 (Heavy Business)
B -4 (Neighborhood Business)
Business /Commercial Flex
1 -1 (Industrial)
IP (Industrial Park)
Mixed -Use
Mixed -Use Commercial /Residential
Other
Farmington Zoning Map
Empire Township Commercial Areas
P /OS (Park /Open Space)
R -1 (Low Density Residential 1.0 -3.5 du /ac)
R -2 (Low /Medium Density Residential 3.5 6.0 du /ac)
R -3 (Medium Density Residential 6.0 -12.0 du /ac)
R -5 (High Density Residential 12.0+ du /ac)
L -_71
R -D (Downtown Residential)
R -T (Downtown Transitional Mixed Use)
J ROW (Right -of -Way)
SSC (Spruce Street Commercial)
Water
L 1 Vermillion River Floodplain Q Downtown Commercial District
Historic Properties Empire OAA
122110000070
B -1
122110000091
B -1
1 1 1 1 1
0 50 100 200 Feet
W E
Map dated January 31, 2013
Prepared for the City of Farmington
Community Development Department
by the Dakota County Office of GIS.
2030 Comprehensive Plan (2011 Amendment)
Empire Township Southeast Agricultural Area
/120320079011
Agricultural
120320076011
Agricultural
120320077010
A gricultural
Low Medium
Map current as of January 31, 2013.
Legend
120320076012
i
MUSA Line Mixed -Use (Commercial /Residential)
Ag Preserves Low Density (1.0 -3.5 du /ac)
Agricultural I Low Medium (3.5 -6.0 du /ac)
Commercial Medium Density (6.0 -12.0 du /ac)
Industrial High Density (12.0+ du /ac)
I I
0 250 500 Feet
j
120320075010
Agricultural
i
120320078010
Low Medium
Public /Semi Public
Park /Open Space
Restricted Development
ROW (Right -of -Way)
Empire OAA
Castle Rock OAA
i
Prepared for the
Farmington Community Development Department
by the Dakota County Office of GIS.
Legend
Zoning
1 A -1 (Agriculture)
B -1 (Highway Business)
B -2 (Downtown Business)
B -3 (Heavy Business)
B-4 (Neighborhood Business)
Business /Commercial Flex
I -1 (Industrial)
IP (Industrial Park)
Mixed -Use
Mixed -Use Commercial /Residential
Other
Farmington Zoning Map
Empire Township Southeast Agricultural Area
1203200760 11
1∎20320077010
A -1/ 120320076012
1R-2 12032007,801
P /OS (Park/Open Space)
R -1 (Low Density Residential 1.0 -3.5 du /ac)
R -2 (Low /Medium Density Residential 3.5 6.0 du /ac)
R -3 (Medium Density Residential 6.0 -12.0 du /ac)
R -5 (High Density Residential 12.0+ du /ac)
R -D (Downtown Residential)
R -T (Downtown Transitional Mixed Use)
ROW (Right-of-Way)
SSC (Spruce Street Commercial)
Water
Vermillion River Floodplain Q Downtown Commercial District
Historic Properties Empire OAA
I 1 I I
0 125 250
500 Feet
W E
Map dated January 31, 2013.
Prepared for the City of Farmington
Community Development Department
by the Dakota County Office of GIS.
2030 Comprehensive Plan (2011 Amendment)
Empire Township West of Railroad
1.
ON'
a4"
0111111111111W
ium :lir
r No
ily 411n
4Aul
i 4t
1 ummure: 4
vane •iIIIIIIIE
Legend
u_ J
MUSA Line
Ag Preserves
Agricultural
Commercial
Industrial
Mixed -Use (Commercial /Residential)
Low Density (1.0 -3.5 du /ac)
Low Medium (3.5 -6.0 du /ac)
A Medium Density (6.0 -12.0 du /ac)
High Density (12.0+ du /ac)
Public /Semi Public
Park /Open Space
Restricted Development
ROW (Right -of -Way)
Empire OAA
Castle Rock OAA
ParkLOpen S. ace
120300002012
Agricultural
120300075011
Agricultural
120300076010
Agricultural
120190075013
Park /Open Space
120300002012
Agricultural
■131111111•i•i•ii
ta
1■2030000
rk /0 n
Map current as of January 31, 2013.
0
500
1,000 Feet
Prepared for the
Farmington Community Development Department
by the Dakota County Office of GIS.
1
<1
J
Empire Township West of Railroad
f1
Farmington Zoning Map
Legend
Zoning
A -1 (Agriculture)
[1 B -1 (Highway Business)
B -2 (Downtown Business)
B -3 (Heavy Business)
B -4 (Neighborhood Business)
Business /Commercial Flex
11-1 (Industrial)
IP (Industrial Park)
Mixed -Use
Mixed -Use Commercial /Residential
Other
120300002012
PIOS
120190075013
P /OS
r 1 Vermillion River Floodplain =Downtown Commercial District
Historic Properties Empire OAA
20 A 776010
P /OS (Park/Open Space)
L R -1 (Low Density Residential 1.0 -3.5 du /ac)
L I R -2 (Low /Medium Density Residential 3.5 6.0 du /ac)
I I R -3 (Medium Density Residential 6.0 -12.0 du /ac)
R -5 (High Density Residential 12.0+ du /ac)
R -D (Downtown Residential)
R -T (Downtown Transitional Mixed Use)
ROW (Right -of -Way)
SSC (Spruce Street Commercial)
Water
I I I I I I
0 250 500 1,000 Feet
W E
Map dated January 31, 2013.
Prepared for the City of Farmington
Community Development Department
by the Dakota County Office of GIS.
(�b
Members Present:
Members Absent:
RESOLUTION NO.
AMENDING THE 2030 COMPREHENISVE PLAN FOR THE
PROPERTIES IDENTIFIED WITHIN THE EMPIRE ORDERLY
ANNEXATION AREA [OAA]
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers of said City on the day of
20 at 7:00 P.M.
Member introduced and Member seconded the
following:
WHEREAS, the Empire Orderly Annexation Agreement [OAA], dated March 19, 2008, gives
the City of Farmington authority to exercise planning, land use, zoning and subdivision
regulations within the boundary of the OAA; and
WHEREAS, the City initiated a Comprehensive Land Use Plan amendment for the properties
within the Empire OAA (properties identified by PIN number below) from Non Designated to the
land uses identified adjacent to each PIN number listed below and as depicted in the amended
2030 Comprehensive Plan Map attached hereto:
PIN Number
120290028011
120290028060
120290028012
120290028050
120290028040
120290028030
120290028020
120290076010
120290075012
120320001012
120290054013
120290075011
122050001010
120290052010
120290056010
120290057013
120290056100
120290056110
122110000052
122110000070
122110000080
Comprehensive Plan Land Use Designation
Low Density Residential
Low Density Residential
Low Density Residential
Low Density Residential
Low Density Residential
Low Density Residential
Low Density Residential
Low Medium Density Residential
Low Medium Density Residential
Low Medium Density Residential
Agricultural
Agricultural
Public /Semi Public
Public /Semi Public
Public /Semi Public
Public /Semi Public
Commercial
Commercial
Commercial
Commercial
Commercial
122110000091
120320079011
120320075010
120320076011
120320077010
120320076012
120320078010
120190075013 (portion)
120300001011 (portion)
120300002012
120300075011 (portion)
120300076010
Commercial
Agricultural
Agricultural
Agricultural
Agricultural
Low Medium Density Residential
Low Medium Density Residential
Park/Open Space
Park/Open Space
Park/Open Space (NE 40 acres)
Agricultural (South 72.13 acres)
Agricultural
Agricultural
WHEREAS, The Planning Commission held a public hearing on the 12 day of February, 2013
after notice of the same was published in the official newspaper of the City and proper notice sent
to property owners; and
WHEREAS, the Planning Commission accepted public comment at the public hearing and
recommended approval of Comprehensive Plan Amendments for the Empire OAA as identified
above and depicted in the attached 2030 Comprehensive Plan Map attached hereto.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby amends the 2030
Comprehensive Plan for the properties identified above from Non Designated to the
corresponding land use listed adjacent to the PIN numbers above.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
day of 20
Attest to the day of 20
SEAL
Mayor
City Administrator
V
2030 Comprehensive Plan
(2011 Amendment)
Legend
MUSA Line
Ag Preserves
Agricultural
Commercial
Industrial
Mixed -Use (Commercial/Residential)
Low Density (1.0 -3.5 du/ac)
L J Low Medium (3.5 -6.0 du /ac)
Medium Density (6.0 -12.0 du /ac)
I High Density (12.0+ du /ac)
L Public/Semi- Public
Park /Open Space
IN Restricted Development
ROW (Right -of -Way)
iJ Empire OAA
_'jIU Castle Rock OAA
I I I
_0 2,000 4,000 Feet
Map current as of
January 31, 2013.
✓i
OAK ST
zl l
0
0
Downtown
ST—
PRUCE ST
WEI
Map 4.5
PINE-ST—
Prepared for the Farmington Community Development Department by the Dakota County Office of GIS.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
An Ordinance Amending Title 10 of the Farmington City Code, the
Farmington Zoning Ordinance, Zoning the properties identified within
the Empire Orderly Annexation Area IOAA]
THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. The Empire Orderly Annexation Agreement [OAA], dated March 19,
2008, gives the City authority to exercise Planning, land use, zoning and subdivision regulations
with the boundary of the OAA.
SECTION 2. Section 10 -5 -1 of the Farmington City Code is amended by Zoning the
properties within the Empire OAA (properties identified by PIN number below) to the
classifications adjacent to each PIN number listed below and depicted on the Official Zoning Map
attached hereto:
PIN Number Zoning Designation
120290028011 R -1 (Low Density Residential)
120290028060 R -1 (Low Density Residential)
120290028012 R -1 (Low Density Residential)
120290028050 R -1 (Low Density Residential)
120290028040 R -1 (Low Density Residential)
120290028030 R -1 (Low Density Residential)
120290028020 R -1 (Low Density Residential)
120290076010 R -2 (Low /Medium Density Residential)
120290075012 R -2 (Low/Medium Density Residential)
120320001012 R -2 (Low/Medium Density Residential)
120290054013 A -1 (Agriculture)
120290075011 A -1 (Agriculture)
122050001010 R -2 (Low/Medium Density Residential)
120290052010 R -2 (Low /Medium Density Residential)
120290056010 R -2 (Low/Medium Density Residential)
120290057013 R -2 (Low/Medium Density Residential)
120290056100 B -1 (Highway Business)
120290056110 B -1 (Highway Business)
122110000052 B -1 (Highway Business)
122110000070 B -1 (Highway Business)
122110000080 B -1 (Highway Business)
122110000091 B -1 (Highway Business)
120320079011 A -1 (Agriculture)
120320075010 A -1 (Agriculture)
120320076011 A -1 (Agriculture)
Adopted this
of Farmington.
SEAL
ATTEST:
120320077010
120320076012
120320078010
120190075013 (portion)
120300001011 (portion)
120300002012
120300075011 (portion)
120300076010
Approved as to form the day of
A -1 (Agriculture)
R -2 (Low/Medium Density Residential)
R -2 (Low/Medium Density Residential)
P /OS (Park Open Space)
P /OS (Park Open Space)
P /OS (Park Open Space NE 40 acres)
A -1 (Agriculture South 72.13 acres)
A -1 (Agriculture)
A -1 (Agriculture)
SECTION 3. The Zoning Map of the City of Farmington, adopted under Section 10 -5 -1
of the Farmington City Code, shall be republished to show the aforesaid Zonings.
SECTION 4. This ordinance shall be effective immediately upon its passage.
day of 20 by the City Council of the City
20
CITY OF FARMINGTON
MAYOR
CITY ADMINISTRATOR
CITY ATTORNEY
Published in the Farmington Independent the day of 20
Legend
Zoning
A -1 (Agriculture)
B -1 (Highway Business)
B -2 (Downtown Business)
B 3 (Heavy Business)
B-4 (Neighborhood Business)
Business /Commercial Flex
1 -1 (Industrial)
IP (Industrial Park)
Mixed -Use
Mixed -Use Commercial /Residential
Map 12.1
Farmington Zoning Map
7
11 r r i 1 1 I i
0 0.25 0.5 1 Miles
Other
Vermillion River Floodplain Q Downtown Commercial District
Historic Properties I Empire OAA
P /OS (Park/Open Space)
R -1 (Low Density Residential 1.0 -3.5 du /ac)
R -2 (Low /Medium Density Residential 3.5 6.0 du /ac)
R -3 (Medium Density Residential 6.0 -12.0 du /ac)
R -5 (High Density Residential 12.0+ du /ac)
R -D (Downtown Residential)
R -T (Downtown Transitional Mixed Use)
ROW (Right -of -Way)
SSC (Spruce Street Commercial)
Water
City of Farmington
W E
Map dated January 31, 2013.
Prepared for the City of Farmington
Community Development Department
by the Dakota County Office of GIS.
TO: Planning Commission
FROM: Lee Smick, City Planner
AICP CNU -A
SUBJECT:
DATE: February 12, 2013
INTRODUCTION
The applicant, Mr. Colin Garvey, has requested that the Board of Adjustment (BOA) review his request to
locate an off street parking lot on a lot other than that containing the principal use (100 5 Street Landscape
Depot).
Planning Division Review
Request to Board of Adjustment for Approval of Off Street Parking Lot
Applicant: Colin Garvey
100 5th Street
Farmington, MN 55024
Applicant: Colin Garvey
100 5th Street
Farmington, MN 55024
Attachments: 1. Application
2. Location Map
3. Attachments
Location of Property: Between 3` and 4 Streets, '/2 block north of Main Street and south of Pine Street,
now clarified as Parcel A throughout the memo (Ex. A).
Property Address: PIN# 14- 77000 320 -21, Farmington, MN 55024
Surrounding Land Uses: The subject property is surrounded by single family residences to the northeast
and south, business to the west, northwest, and east.
Existing Zoning: B -3 (Heavy Business)
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
DISCUSSION
At the January 8, 2013 Planning Commission meeting, Mr. Colin Garvey requested the approval of a
Conditional Use Permit (CUP) to locate a truck repair shop at 100 5 Street (Landscape Depot). Mr. Garvey
received approval of that request. Also at the meeting, Mr. Garvey requested that he be allowed to use his
property between 3` and 4 Streets west of the Landscape Depot (Parcel A) to park his trucks, trailers, and
business equipment for his construction business (Ex. A and B). In Section 10 -6 -4 (A) of the City Code, it
states that parking spaces may be located on a lot other than the lot containing the principle use (Landscape
Depot) only by approval of the Board of Adjustment (BOA otherwise known as the Planning Commission).
Zoning Designation
Parcel A is in the B -3 (Heavy Business) zoning district (Ex. A). The B -3 zoning designation has existed as early
as 1969. Exhibit C identifies the requirements of the B -3 zoning district. Parking lots are an accessory use in
the B -3 Zoning District. An accessory use is defined as "any use customarily incidental and subordinate to the
principal structure or use and located on the same lot." The proposed parking lot is accessory to the Landscape
Depot dependent upon the approval by the BOA to the location of a parking lot on a separate lot from the
principal use.
Parcel A is surrounded by single family residences to the northeast and south, and business to the west,
northwest, and east. In the summer of 2012, Mr. Garvey began removing existing trees from Parcel A giving no
forewarning to the City and the neighbors adjacent to the property. Upon hearing rumors of Mr. Garvey's
proposal to use Parcel A as a truck parking lot, the adjacent residents submitted a petition to the City stating
that they opposed the parking of construction trucks adjacent to their properties (Ex. D).
At the meeting on January 8, 2013, the Planning Commission requested that staff research Parcel A for
additional information pertaining to the CP Railroad, Downtown Commercial Overlay District design standards,
and off street parking lot requirements.
Canadian Pacific Railroad Information
On January 8, 2013, the Planning Commission requested that staff research the history of the railroad property
and tracks pertaining to Parcel A. The history will provide additional information concerning the rail line and
rail right -of -way on Parcel A. The information is as follows:
June 1998 The Soo Line Company known as Canadian Pacific Railway (CPR) processes the filing of an
exemption to abandon the spur line (Ex. E) from the main line to the Dakota County Lumber property.
July 1998 Steve Finden, owner of Dakota County Lumber (DCL), signs a track agreement with CPR to use
the tracks as evidenced by Exhibit F dated January 8, 2001. The land beneath the tracks remains the
property of CPR. Mr. Finden wants to utilize the track for the delivery of goods to the DCL yard.
January 8, 2001 A letter from CPR to Finden states that CPR has a third party interest (Garvey) to
purchase the railroad property beneath the tracks (Ex. F).
May 15, 2001 Steve Finden and Colin Garvey agrees in writing (Ex. G) to the following: 1) Garvey
provides Finden an easement to use the tracks for the delivery of goods, 2) Finden gets first right of refusal
to purchase the Garvey property beneath the tracks, and 3) income derived from the rent or lease of any part
of the Garvey property to another property other than Landscape Depot requires that Finden receives half of
all revenue from the rent or lease.
May 15, 2001 Finden advises CPR that Garvey has purchased the property beneath the tracks; Finden
currently has a trackage agreement no. 20504 (r.e. lease no. 30426) with CPR (Ex. H).
September 17, 2003 CPR informs Finden that the trackage agreement with CPR has been terminated due
to no rail traffic on the line since 1998 when the track agreement was approved (Ex. I). CPR will remove
any remaining portion of the track owned by the railroad company within 30 days of the letter.
Off- Street Parking (Section 10 -6 -4)
The parking lot proposed by Mr. Garvey on Parcel A requires compliance with Section 10 -6 -4 of the City Code.
Off Street Parking Lot (Section 10 -6 -4 A -E) requirements (Summary of Section) are as follows:
1. An off street parking lot may be located on a lot other than the principal use with the approval of the
Board of Adjustment (Planning Commission).
2. Grading and drainage of the parking lot and driveway must be properly designed for drainage and
surfaced with concrete or bituminous material.
3. Any lights used to light the parking lot must be reflected away from residential districts.
4. Access driveways may be a maximum of 30 feet in width at the right -of -way line and the public street.
5. Plans must be submitted to the City Engineer for review of the drainage system, grading, and other
engineering requirements including the submittal of a surety acceptable to the City.
Downtown Commercial Overlay District Design Standards
The Downtown Commercial Overlay District (DCD) was approved by the Planning Commission on September
20, 2010 after a public hearing notice was published in the Farmington Independent and approved by the City
Council on October 25, 2010 (Ord. No. 10 -627). The purpose of the district is to establish design standards
pertaining to the buildings in the downtown commercial district (Section 10 -6 -28 of the City Code, Ex. J). The
standards were prepared to promote the existing downtown architecture when new or existing buildings and
property are constructed, renovated, or expanded to ensure proper design in the downtown.
As identified on Exhibit K, the DCD is described as the property located south of the Vermillion River, west of
4th Street, north of Walnut Street and east of 1st Street. Parcel A is located between 3` and 4 Streets, Y2 block
north of Main Street and is within the DCD, which requires compliance with Section 10 -6 -28 of the City Code.
Residential zones and uses exists along the northeast property line of Parcel A and along the south property line
(Ex. A). Design standards are administered through the Site Plan Process. The following sections of the code
under the DCD include Parking Areas Section 10 -6 -28 (G), Landscaping Section 10 -6 -28 (H), and Screening
and Fencing Section 10 -6 -28 (I):
10 -6 -28:
(G) Parking Areas:
1. Required off street parking shall be provided by spaces at the rear or sides of a building and provided
with architecturally compatible security lighting, and screened with landscape buffers or low walls.
(H) Landscaping:
1. Landscaping within the downtown commercial overlay district shall comply with Section 10 -6 -10 of
this chapter. (Ord. 010 -627, 9 -20 -2010)
(I) Screening and Fencing (Summary of section):
1. Screening and fencing must be accomplished through the use of walls, fencing, dense planting or a
combination of elements to screen truck parking areas.
2. Screening shall block the views of rights -of -way, private streets; and off street parking areas, and shall
be equally effective in winter and summer.
3. Fencing may be installed at a maximum height of 8 feet with approval of a building permit.
4. Chainlink and slatted fencing is permissible in the side and rear yards of properties zoned B -3 when
not adjacent to established residential uses. Wood or vinyl fencing is required adjacent to these
residential uses.
Summary
Upon review of the above mentioned items, staff would like the Board of Adjustment to review the following
summation of issues pertaining to the review of a parking lot on Parcel A:
1. A petition has been submitted by adjacent property owners of Parcel A, opposing the parking lot
construction.
2. Parcel A is zoned B -3.
3. Parcel A is adjacent to single family homes on the northeast and south property lines.
4. Parcel A is owned by Mr. Colin Garvey.
5. The Board of Adjustment may approve parking lot on lot other than that containing principal use.
6. Parking lot plans must be submitted to City Engineer for review of grading, drainage, and surface
material (concrete or bituminous).
7. Parcel A is included in the Downtown Commercial Overlay District.
8. Parking lot must be screened and provided with architecturally compatible security lighting.
9. Landscaping shall comply with Section 10 -6 -10.
10. Wood or vinyl fencing is required adjacent to residential uses. Chainlink and slatted fencing is
permissible in the side and rear yards of properties zoned B -3 when not adjacent to established
residential uses.
11. Mr. Garvey agrees to all stipulations described above and also agrees to not move anything on to the
property until the construction of the parking lot, including lighting, landscaping, and screening/fencing
is completed.
12. If the parking lot is not allowed on Parcel A, the existing trailers and tree brush must be removed from
Parcel A within 3 days of the BOA decision.
RECOMMENDATION
Review the summation and make a determination concerning the construction of a parking lot on Parcel A
(PIN# 14- 77000 320 -21).
Respectfully submitt
cc: Colin Garvey
Lee Smick, AICP, CNU -A
City Planner
500
8uc,
a
521
O
3n!,
309
500
Ln
i 1
400
N
212
321
521
420
309
I
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N
212
321
:1:
509
L
521
109
115 200
B -2
217
3 10
320
r.
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20
301
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4 4/ cr
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30
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Dakota County, MN
115
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109 B -3
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209
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420
208
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421
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312
421
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a
legal document and should not be substituted for a title search,appraisal, survey, or for zoning
verification. Dakota County assumes no legal responsibility for the information contained in this data.
1 Luc
EX'
504
510
5
28
516
0
51 7
510
t r)
101
107
113
,01
t c�
1D
10
521
501
511
515
Map Scale
1 inch 252 feet
2/4/2013
q• �i
4111111110fts 41111M
itOP a
t :1r
.*07"
Lot area
5,000 square feet
Lot width
50 feet
Front yard setback
0 feet
Side yard setback
6 feet
Rear yard setback
6 feet
Minimum side and rear yard abutting any residential district:
Off street parking and access drives
10 feet
Public and semipublic buildings
35 feet
Recreational, entertainment, commercial and industrial
uses
50 feet
Height (maximum)
45 feet
Maximum lot coverage of all structures
35 percent
Sterling Codifiers, Inc.
10 -5 -15: B -3 HEAVY BUSINESS DISTRICT:
(A) Purpose: The B -3 heavy business district is a transitional district designed to provide space
for certain existing commercial and industrial uses which are compatible together but are
more intense and therefore incompatible with uses identified in the B -1, B -2 and B -4
districts.
(B) Bulk And Density Standards:
1. Minimum Standards:
All standards are minimum requirements unless noted.
(C) Uses:
1. Permitted:
Animal clinics.
Auto repair, minor.
Auto sales.
Page 1 of 3
EX
http:// sterlingcodifiers .com/codebook/printnow.php 2/5/2013
Sterling Codifiers, Inc. Page 2 of 3
Commercial services.
Convenience store without gas.
Mechanical sales, service and repair.
Offices.
Public buildings.
Restaurants, class I, traditional.
Retail facilities, greater than 3,000 square feet.
Sexually oriented businesses accessory.
Supply yards.
Truck terminals.
Wholesale businesses. (Ord. 002 -469, 2 -19 -2002)
2. Conditional:
Auto repair, major.
Car washes.
Convenience store with gas.
Greenhouses and nurseries, commercial.
Group daycare center, commercial.
Home and trailer sales /display.
Impound lot.
Manufacturing facilities.
Ministorage units.
Outdoor sales.
Petroleum bulk storage.
Public utility buildings.
Solar energy systems. (Ord. 002 -469, 2 -19 -2002; amd. per correspondence dated 8 -6-
2002; Ord. 008 -580, 3 -3 -2008)
http: sterlingcodifiers .com /codebook/printnow.php 2/5/2013
Mr. Garvey has already started clearing his property along the railroad tracks. He plans
on putting in a parking lot that may or may not include servicing.. The equipment that
would be there would include diesel trucks, dump trucks, bulldozers, etc.
The base for this area would be Class 5 which kicks up a tremendous amount of dust.
Althou Mr. Garvey will enclose this area with a fence, it still may devalue your property.
By signing this petition, you are stating that you oppose Mr. Garvey's intended use of
this property.
t
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f 63 p..e;kk,c.5.-7,--
303 e4 /OD
P ejkaiO no cc
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June 26, 1998
VIA FEDERAL EXPRESS
Hon. Vernon A. Williams
Secretary
Surface Transportation Board
Office of the Secretary (SE), Room 711
1925 K Street NW
Washington, D.C. 20423 -0001
LEONARD, STREET AND DEINARD
PROFESSIONAL ASSOCIATION
Larry D. Starns
612- 335 -1483
lds1483@email.leonard.com
Re: Soo Line Railroad Company: Notice of Exemption to Abandon Trackage Located in
Farmington, Dakota County, Minnesota: STB Docket No.: AB -57 (Sub. No.: 45X)
Dear Mr. Williams:
Please find enclosed for filing the original and ten (10) copies of Soo Line's Verified Notice of
Exemption for the above referenced abandonment pursuant to 49 C.F.R. Part 1152.50 together
with a check in the amount of $2,400.00 pursuant to 49 C.F.R. Part 1002.2(f)(21)(ii).
A Certificate of Service is enclosed to verify service on those parties specified in 49 C.F.R. Part
1152.50(d)(i) -(iv), et al.
If you have any questions regarding the above referenced matter, please feel free to call me.
Very Truly yours,
LEONARD, STREET AND DEINARD
Larry 13. Starns,
LDS:ssp
Enclosures
cc: Elaine K. Kaiser (OESEA)
Galen V. Miller
David S. Drach
Timothy G. Mulcahy, Esq.
Parties on the attached Lists.
150 SOUTH FIFTH STREET SUITE 2300 MINNEAPOLIS, MINNESOTA 55402 TEL 612 -335 -1500 FAX 612 -335 -1657
1683530.01 LAW OFFICES IN MINNEAPOLIS, SAINT PAUL AND MANKATO
January 8, 2001
CANADIAN
PACIFIC
RAI LWAY
Mr. Steve Finden
Dakota County Lumber Co.
28 Eighth St.
Farmington, MN 55024
cerel
0100 06.1tr.TF00030 -02
avid S. Drach
Manager, Sales and Leasing
612/347 -8354
email: david_drach@cpr.ca
Real Estate ec U District General Offices
1 Suite 804
501 Marquette Avenue South (55402)
y PO Box 530 (55440)
f Jo Minneapolis Minnesota
L
fi 1»: 5 Vs
Re: Third party interest in railroad property beneath spur track, Farmington, MN
Dear Mr. Finden:
As the lessee of facilities located upon this land, I am extending an opportunity to you to
negotiate for the purchase of the subject land. It would be sincerely appreciated if you would
advise me at your earliest opportunity whether you are interested in this opportunity, or not. If
you are not interested and the railroad eventually sells the land to a third party, it is the railroads
intention to reserve an easement upon the property for your industry track.
As general information, the railroad has its own custom purchase and sale agreement which
would be the foundation for any transaction. Basic terms of that agreement include, among
others, conveyance by quitclaim deed, environmental indemnification of the railroad, retention of
mineral rights, and the buyer being responsible for securing title information and any necessary
surveys, all at the buyer's expense. All proposals to sell and the actual documentation require
formal railroad 'management approval. Under certain circumstances, appraisals and preliminary
environmental reports are also required prior to agreement execution.
This letter is intended to further negotiation for the sale of property and is not an offer. If you
desire to pursue this matter further, kindly advise.
Et: F
Fax(612)347 -8170
I am writing to advise you of an inquiry the railroad has received from another party to purchase
railroad property in Farmington, MN on which you own trackage covered by Industry Track
Agreement No. 20504 (R/E Lease No. 30426). The subject property is shown upon the attached
map. The property contains 50,505 square feet, more or less. The asking price for the land is
$2.40 per square foot, or $121,212.00 based upon the foregoing estimate of the size, but would
be adjusted following a survey of the property and due to any vacated streets or alleys accruing to
the parcel.
TO: Colin Garvey
C.G. Construction
22098 canton Court
Farmington, Mn. 55024
FROM:STEVEN O. FINDEN
DAKOTA COUNTY LUMBER, CO.
28 -EIGHT STREET
FARMINGTON, MN. 55024
Dakota County Lumber Co.
28 Eighth Street
Farmington, MN 55024
Phone: (651) 460 -6646
Fax: (6 51) 460 -5108
MAY 15, 2001
RE: Conditions by which Dakota County Lumber and Steve O. Finden
allow purchase of RailRoad property to proceed.
Dear Colin,
For the right to purchase the Railroad property in
Farmington, Mn. on which Dakota County Lumber, Co. owns a
trackage agreement no. 20504 (r.e lease no. 30426).
Colin Garvey, agrees to provide Dakota County Lumber Co. an
easement to use the Railroad tracks for delivery of goods to the
Dakota County Lumber Co. property.
Also Colin Garvey grants Dakota County Lumber Co. first
right of refusal to purchase the Railroad property at the same
price paid by Colin Garvey at any later date.
If any income is derived from the rent or lease of any part
of the property to nother party other than Landscape Depot Steven
O. Finden is to receive half of all revenue received.
Sincerel yours,
S C l
Steven O. Finden
Secretary /Tresurer
Dakota County Lumber, co.
5 6u(
TO: DAVID S. DRACH
DISTRICT GENERAL OFFICES
SUITE 804
501 MARQUETTE AVENUE SOUTH
MINNEAPOLIS,MN. 55440
FROM:STEVE 0. FINDEN
DAKOTA COUNTY LUMBER, CO.
28 -EIGHT STREET
FARMINGTON, MN. 55024
Dear Mr. Drach,
Sincerely yours,
Steven 0. Finden
Secretary /tresurer
Dakota County Lumber,co.
(5 Dakota County Lumber Co.
28 Eighth Street
Farmington, MN 55024
Phone: (651) 460 -6646
Fax: (651) 460 -5108
MAY 15, 2001
I am writing to advise you that Colin Garvey Of C.G.
Construction represented by Roger Cook attorney has reached an
agreement with Steven O. Finden and Dakota County Lumber, co. to
purchase the Railirad property in Farmington, Mn. on which we own
trackage per agreement no. 20504 (r /e lease no. 30426).
As of this date May 15, 2001 Steven O. Finden has no
objection to the sale of the property to colin Garvey.
601
CANADIAN
PACIFIC
RAI LWAY
CERTIFIED MAIL
September 17, 2003
File: Dakota Lumber (R/E 30426)
Farmington, MN
Mr. Steve Finden
Dakota County Lumber Co.
28 Eighth Street
Farmington, MN 55024
Dear Mr. Finden:
On July 1, 1998 the Soo Line Railroad Company D /B /A the Canadian Pacific
Railway entered into a track agreement with Dakota Lumber for a track at
Farmington, Minnesota
Since there has been no rail traffic into this facility, I am hereby terminating this
agreement under the provisions of Section 17 as of30 days from this date.
We will be removing any remaining portion of the track owned by the railroad
company as time and crew availability permits. This will be done at no expense to
your company.
Please call me at 612 -904- 5922 if you have any questions.
Yours trul
Edward D. Dahlby
Area Manger Business Development
Business Development
Suite 800
501 Marquette Avenue (55402)
PO Box 530 (55440-0530)
Minneapolis Minnesota
Tel (612) 904 -5920
Tel (Toll Free)
1-800- 777 -4499, Ext. 5920
Fax (612) 904-5962
Sterling Codifiers, Inc. Page 1 of 5
10 -6 -28: DOWNTOWN COMMERCIAL OVERLAY DISTRICT DESIGN
STANDARDS:
(A) Purpose: The purpose of this section is to establish design standards pertaining to the
commercial buildings in the downtown commercial district. The design standards are
intended to do the following:
1. Encourage integrated site planning to create a cohesive, sustainable built environment.
2. Maintain and reinforce "small town" and "main street" architectural traditions.
3. Encourage an active, walkable, pedestrian environment.
4. Maintain the character of historic buildings.
5. Unify and articulate building facades.
6. Place a strong visual emphasis on streetscapes.
7. Require new construction to be compatible with existing buildings.
8. Provide for the compatible integration of commercial and residential uses located on the
edge of the downtown commercial district.
9. Encourage replacement or remodeling of architecturally incompatible buildings.
10. Adaptively reuse older buildings that contribute to the district's sense of time and place.
11. Encourage the development of pocket parks, gardens, plazas, and courtyards for public
use.
12. Establish well defined transitions (mixed use buildings) between the downtown and
adjacent neighborhoods.
(B) Overlay District Boundary: The downtown commercial overlay district (DC) is described as
the property located south of the Vermillion River, west of 4th Street, north of Walnut Street
and east of 1st Street.
(C) Process: The downtown commercial overlay district design standards will be administered
through the site plan process in section 10 -6 -23 of this chapter and, if required under the
design review process in section 2 -11 -5 of this code.
(D) Applicability: All new construction and renovations or additions of existing commercial
structures in the DC district will be required to meet the standards in this chapter, unless
otherwise provided. Projects exempt from meeting the standards are those commercial
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buildings that are comprised of any of the following project types:
1. Interior remodels;
2. Buildings used solely for residential purposes;
3. Normal or routine maintenance and repair of existing structures;
4. Construction that does not require a building permit.
(E) Building Material And Design:
1. In the case of new construction, renovations, or additions, seventy percent (70 or
more of the total surface area of exterior walls exposed to public view shall consist of a
mixture of two (2) or more of the predominant downtown finish materials (clay, brick,
stucco, natural stone, ornamental concrete; except for portions of exterior walls not
visible from the public viewshed). Extruded metal storefront framing may be used only on
window or door frames.
2. Transparent glass must comprise a minimum of fifty percent (50 (but shall not exceed
75 percent) of the total wall area of the first floor elevation on the primary facade;
transparent glass or facade openings shall comprise a minimum of twenty percent (20
(but shall not exceed 50 percent) of the total wall area on the upper floor elevation of any
street facade; upper story windows will be vertically proportioned and have the visual
appearance of traditional double hung sash.
3. Blank, windowless walls shall be avoided wherever possible.
4. Exterior walls shall not be covered with metal panels, EIFS (exterior insulation and finish
system), vinyl siding, faux half timbering, logs, shakes, shingles, exposed aggregate, or
poured in place concrete.
5. Preassembled clay brick panels, artificial stucco, decorative precast units resembling
stone, and other modern materials may be used that similarly match the appearance of
historic materials.
6. Standardized corporate or "trademark" commercial building types shall be constructed to
meet the architectural style of the downtown, which includes building materials, glass,
color, and signage.
7. The ground or street level of a building shall be visually distinguished from the upper
level(s) through the use of colors and /or building materials.
8. Imitation of historical styles shall be encouraged in new construction and renovation of
existing buildings; references to historic architectural styles and periods will be
interpreted in a contemporary manner; new and renovated buildings shall reinforce and
not compete with heritage landmark properties.
9. New commercial buildings shall solidify the relationship between old and new buildings
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and support a human scaled, street oriented downtown environment. Infill construction on
side streets shall be designed with architectural features such as brick facades.
10. The massing and bulk of new buildings shall be mitigated by varied massing and proper
articulation of street facades. Large "big box" commercial buildings shall be designed to
appear as multiple storefronts by breaking the facade into smaller bays of twenty feet
(20') in width in order to maintain a pattern integrated with and similar to surrounding
buildings.
11. The size, scale, massing, and facade materials of new construction will complement the
architectural character of existing historic buildings identified as heritage landmarks.
12. Corner buildings shall be designed with two (2) street facades and a main entrance on
both sides.
13. The maximum height of new construction shall be forty five feet (45').
14. Rooflines shall be flat or gently sloping.
(F) Awnings /Canopies:
1. Where Allowed: Awnings /canopies shall be allowed over the first floor windows and
along the frontage of all building entrances.
2. Projection; Support: Awnings and canopies shall not project more than five feet (5') into
the public right of way, except where located above an entrance, in which case the
maximum projection shall not exceed eight feet (8'). Awnings and canopies may not be
supported by poles or other structural elements located in the public right of way.
3. Length: Awnings and canopies should emphasize the rhythm of the facade bays,
windows and entrances, and shall not continue uninterrupted along the building facade.
4. Height: The bottom of awnings and canopies should be at least eight feet (8') above
sidewalk grade.
5. Illumination: Backlit awnings and canopies are not permitted.
6. Inscription: Lettering on awnings and canopies shall comply with subsection 10- 6 -3(B)1
(k) of this chapter.
7. Materials: Awning and canopy materials should be limited to cotton, acrylic or vinyl
coated cotton, copper or bronze coated metal, or clear glass. Awnings shall be designed
with a slope. No horizontal awnings are allowed. Structural supports shall be constructed
of steel and /or aluminum and shall (if or where visible) incorporate ornamental features.
(G) Parking Areas:
1. Required off street parking shall be provided by spaces at the rear or sides of a building
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and provided with architecturally compatible security lighting, and screened with landscape
buffers or low walls.
2. Underground and structured parking shall be encouraged and new parking structures
shall be compatible with (but not indistinguishable from) adjacent buildings in terms of
height, scale, massing, and materials.
(H) Landscaping:
1. Landscaping within the downtown commercial overlay district shall comply with section
10 -6 -10 of this chapter. (Ord. 010 -627, 9 -20 -2010)
(1) Screening And Fencing:
1. Screening; Fencing: Screening of service yards, refuse, and waste removal areas,
loading docks, truck parking areas and other areas which tend to be unsightly shall be
accomplished by use of walls, fencing, dense planting, or any combination of these
elements. Screening shall block views from public rights of way, private street and off
street parking areas, and shall be equally effective in winter and summer. Fencing for
screening purposes may be installed at a height of up to eight feet (8'), with the approval
of a building permit. Fencing used for screening purposes shall only be allowed in the
side and rear yards. Chainlink and slatted fencing are prohibited within the downtown
commercial overlay district with the exception of properties zoned as B -3. Chainlink and
slatted fencing is permissible in the side and rear yards of properties zoned B -3 when not
adjacent to an established residential use. On property lines adjacent to established
residential uses the fencing shall consist of wood or vinyl.
2. Screening Of Mechanical Equipment: Mechanical equipment, satellite dishes, and other
utility hardware, whether located on the roof or exterior of the building or on the ground
adjacent to it, shall be screened from the public view with materials identical to or
strongly similar to building materials, or by landscaping that will be effective in winter, or
they shall be located so as not to be visible from any public right of way, private street or
off street parking area. In no case shall wooden fencing be used as a rooftop equipment
screen.
3. Decorative Fencing: All fencing (with the exception of fencing identified in the screening
requirements of subsection (1)1 of this section) visible from a public right of way shall not
exceed a height of six feet (6') in the side and rear yards and four feet (4') in the front
yards. Decorative fencing shall consist of the following materials:
(a) Wrought iron.
(b) Vinyl.
(c) Ornamental aluminum.
4. Fencing Maintenance: The maintenance of all fences within the downtown commercial
overlay district shall be in accordance with subsection 10- 6 -12(H) of this chapter.
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5. Historic Landmarks: No fencing shall be attached to any historic landmark building or
structure. (Ord. 012 -645, 6 -18 -2012)
(J) Signs:
1. Notwithstanding contrary provisions in this code the following provisions are allowed in
the DC district:
(a) Projecting signs perpendicular to the building. Projecting signs shall comply with
subsection 10- 6- 3(B)5(e) of this chapter (Spruce Street signs).
(b) Wall signs flat along building frontage as required in subsection 10- 6- 3(B)3(a) of this
chapter.
(c) Monument signs are allowed where existing building is set back from front property
line as required in subsection 10- 6- 3(B)3(b) of this chapter.
(d) Painted wall signs shall be permitted through a conditional use permit per subsection
10- 6- 3(B)1(I) of this chapter.
(e) A frame signs are allowed per subsection 10- 6- 3(B)1(t) of this chapter.
2. Signs on historic landmark buildings must: a) not cause damage to historic architectural
features or building materials as a result of installation; and b) should be designed and
installed in such a manner that when they are removed or replaced there is no physical
evidence of their former presence. In other words, holes may not be drilled in historic
masonry, alterations may not be made of historic character defining windows or doors,
and no fasteners may be attached to any historic trim. (Ord. 010 -627, 9 -20 -2010)
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