Loading...
HomeMy WebLinkAbout04/09/13City of Farmington 430 Third Street Farmington, MN 55024 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) March 12, 2013 Regular Meeting 3. PUBLIC HEARINGS A Proud Past A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers a) Zoning and Comprehensive Plan Guidance for a portion of the area known as the Empire Orderly Annexation Area. Applicant: City of Farmington 430 Third Street Farmington, MN 55024 4. DISCUSSION AGENDA PLANNING COMMISSION April 9, 2013 7:00 P.M. CITY COUNCIL CHAMBERS a) Request to Board of Adjustment for Approval of Off Street Parking Lot Colin Garvey (Con't) 5. ADJOURN TO: FROM: SUBJECT: DATE: April 9, 2013 INTRODUCTION REVIEW On February 12, 2013 the Commission held a public hearing to discuss the zoning and comprehensive plan guidance of 33 parcels of land comprising the Empire Orderly Annexation Area, including the area identified in Exhibit A. This area was previously identified as Area G and consists of portions of five (5) parcels totaling 248.22 acres. At the meeting in February, the Commission recommended guiding this area a mixture of agricultural (southern half) and Park Open Space designation (northern half) and zoning it A -1 (southern half) and P /OS (northern half). The recommended designation and zoning of Park Open Space for the northern half of this area was twofold; 1) there is a substantial amount floodplain and 2) the City's Parks Recreation Department has developed a master plan for a softball complex that would be located south of the Mystic Meadows subdivision and partially within this area. Since the February public hearing, staff met with one of the affected property owners whose property was previously recommended to be guided and zoned Park Open Space. This owner was concerned over the Park Open Space designation and requested that the Commission reconsider its previous recommendation and recommend a designation of Agricultural and zoning of A -1 instead of Park Open Space to mirror the southern half of the area. There are three parcels owned by three separate property owners that would be affected by this change. If the Commission is agreeable to amending its previous recommendation, staff would suggest that all three parcels be zoned and comprehensively designated A -1 and Agricultural, respectively. The Park and Recreation Advisory Commission reviewed the proposed request to have the area identified in Exhibits B C guided and zoned agricultural at its regular meeting on March 12, 2013 and is comfortable with changing the original recommendation to the City Council for a designation and zoning from Park Open Space to Agricultural and P /OS to A -1, respectively. It should be noted the City Council has not acted on the Commission's previous recommendation from February as staff wanted the Park and Recreation Advisory Commission and Planning Commission to have an opportunity to review this request before taking the amendments to Council. ACTION REQUESTED Recommend approval of comprehensively guiding and zoning the area identified in Exhibit B C as Agricultural and A -1, respectively, and forward that recommendation on to the City Council. Respectfully submitted, Tony Wippler, Assistant City Planner Planning Commission Tony Wippler, Assistant City Planner City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 Fax 651.280.6899 www.cilarmington.mn.us Zoning and Comprehensive Plan Guidance for a portion of the area known as the Empire Orderly Annexation Area ot. 500 i ii 0 1000 2000 3000 SCALE •I e 2030 Comprehensive Plan (2011 Amendment) Empire Township West of Railroad AO" Legend Mit MUSA Line Ag Preserves Agricultural ME 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 1. Park/Open Space Restricted Development ROW (Right-of-Way) F71 Empire OAA Castle Rock OAA Map current as of March 5, 2013. 0 120300002012 Agricultural 120300002012 Agricultural 500 1,000 Feet 120300075011 Agricultural 120190075013 Agricultural 120300001011 Agricultural ONO =IMP MIR 120300002012 Agricultural 120300076010 Agricultural A Prepared for the Farmington Community Development Department by the Dakota County Office of GIS. 1 Farmington Zoning Map 1 1 -Ft I I I I n Legend Zoning r 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 Empire Township West of Railroad 1.203 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 1 Empire OAA 120300075011 A -1 �j ogo76010 0 0goo2 12 /A-1 1 1 1 1 1 1 1 0 250 500 1,000 Feet W E Map dated March 5, 2013. Prepared for the City of Farmington Community Development Department by the Dakota County Office of GIS. FX• G TO: Planning Commission Lee Smick, City Planner FROM: AICP CNU -A SUBJECT: Request to Board of Adjustment for Approval of Off Street Parking Lot Applicant: Colin Garvey 100 5th Street Farmington, MN 55024 DATE: April 9, 2013 INTRODUCTION Note: This discussion item has been postponed by the property owner, Mr. Garvey, for the last two Planning Commission meetings (February 12 and March 12 A decision will be required at this Planning Commission meeting (April 9th) 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 Applicant: Colin Garvey 100 5 Street Farmington, MN 55024 Attachments: 1. Application 2. Location Map 3. Attachments 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 Location of Property: Between 3rd and 4 Streets, 1/2 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. 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 110. 30426) with CPR (Ex. 14). 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, 1 /2 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 exist 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 a 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 10 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 submi mick, AICP, CN 1 -A City Planner cc: Colin Garvey 500: .n 514 0 7C 500 f t° Cr 20S 0 10 Cy LC) `.1 .f) 30 C J O ti =U= I 511 4i 401 r 0 V O R (.0 T JJ 401 r 417 312 421 1: r o In I 509 515 521 400 40 R Z4t° 420 212 JJ 420 309 208 400 40 R r 420 212 2 09 r 208 113 c) .r) 4'! 47 110 212 ;11 3 B 215 321 113 c) .r) 4'! 47 110 LC) 521 115 200 B -2 1 320 N f7 1,544 300 305 309 321 Dakota County, MN 301 V) f') R Oi N 115 409 -r 100 109 6 3 C 104' 3 501 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. 502 300 509 E6k 14 504 510 513 r 516 N 517 J 510 27 2 101 107 Map Scale 1 inch 252 feet 2/4/2013 4CR TZ 115 200 B -2 1 320 N f7 1,544 300 305 309 321 Dakota County, MN 301 V) f') R Oi N 115 409 -r 100 109 6 3 C 104' 3 501 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. 502 300 509 E6k 14 504 510 513 r 516 N 517 J 510 27 2 101 107 Map Scale 1 inch 252 feet 2/4/2013 rt' 5 »'r e n IPA 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: Page 1 of 3 (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: EX G All standards are minimum requirements unless noted. (C) Uses: 1. Permitted: Animal clinics. Auto repair, minor. Auto sales. 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 Sterling Codifiers, Inc. Page 3 of 3 3. Accessory: Parking Tots. (Ord. 002 -469, 2 -19 -2002) 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. cA6cef-Ati ro PA N e s� /20/11,ae/6 cThi fat,/ 63 Pe;;.. s7 a tt h �,t�S�C.c. Qf 3 a 3 ©9 ors S 5 SaZ4 3o3 R()k-- 1�"-- i‘\ qs4 5 /if-tfsr s-4- F pRr, 7�r�7o�1 0.0 /W 303 cs f (7 ge e S 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 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. LEONARD, STREET AND DEINARD PROFESSIONAL ASSOCIATION 1683530.01 LAW OFFICES IN MINNEAPOLIS, SAINT PAUL AND MANKATO Larry D. Starns 612 -335 -1483 lds1483@email.leonard.com 150 SOUTH FIFTH STREET SUITE 2300 MINNEAPOLIS, MINNESOTA 55402 TEL 612- 335 -1500 FAX 612 335.1657 E January 8, 2001 erel CANADIAN PACIFIC RAI LWAY Mr. Steve Finden Dakota County Lumber Co. 28 Eighth St. Farmington, MN 55024 avid S. Drach Manager, Sales and Leasing 612/347 -8354 email: david drach@cpr.ca 01 008- 06.1tr.TF00030 -02 Real Estate f U J r i tf-(in 5 7 District General Offices Suite 804 501 Marquette Avenue South (55402) PO Box 530 (55440) Minneapolis Minnesota Re: Third party interest in railroad property beneath spur track, Farmington, MN Dear Mr. Finden: 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. 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 .railroadmanagementapprov 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. af. F 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 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. Sincere' yours, StiViien O. Finden Secretary /Tresurer Dakota County Lumber, co. ::,r) Dakota County Lumber Co. 28 Eighth Street Farmington, MN 55024 Phone: (651) 460 -6646 Fax: (651) 460 -5108 MAY 15, 2001 5 A ud( 451 TO: DAVID S. DRACH DISTRICT GENERAL OFFICES SUITE 804 501 MARQUETTE AVENUE SOUTH MINNEAPOLIS,MN. 55440 FROM:STEVE O. FINDEN DAKOTA COUNTY LUMBER, CO. 28 -EIGHT STREET FARMINGTON, MN. 55024 Dear Mr. Drach, 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 Pailirad 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. Sincerely yours, Steven•O. Finden Secretary /tresurer Dakota County Lumber,co. Dakota County Lumber Co. 28 Eighth Street Farmington, MN 55024 Phone: (6 51) 460 -6646 Fax: (6 51) 460 -5108 MAY 15, 2001 CANADIAN Business Development Suite 800 501 Marquette Avenue (55402) PACIFIC Po Box 530 (55440 -0530) RA.1 LWAY Minneapoes Minnesota 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 (5 Vet n.4 4 1 Tel (612) Tel (Toll Free) 1- 800 -777-4499, Ext. 5920 Fax (612) 9045962 Sterling Codifiers, Inc. 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: Page 1 of 5 (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 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. http:// sterlingcodifiers .com/codebook/printnow.php 2/5/2013 Sterling Codifiers, Inc. Page 2 of 5 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 http:// sterlingcodifiers .com /codebook/printnow.php 2/5/2013 Sterling Codifiers, Inc. Page 3 of 5 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 http /sterlingcodifiers .com/codebook/printnow.php 2/5/2013 Sterling Codifiers, Inc. Page 4 of 5 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) (I) 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. http:// sterlingcodifiers .com /codebook/printnow.php 2/5/2013 Sterling Codifiers, Inc. Page 5 of 5 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(1) 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) http: sterlingcodifiers .com /codebook/printnow.php 2/5/2013 ofp2pe o•