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HomeMy WebLinkAbout05-14-19 City of Farmington A Proud Past-A Promising 430 Third Street Future Farmington,MN 55024 Committed to Providing High Quality, Timely and Responsive Service to All of Our Customers AGENDA PLANNING COMMISSION May 14, 2019 7:00 PM City Hall Council Chambers 1. CALL TO ORDER 2. APPROVAL OF MINUTES (a) Approve Planning Commission Minutes 3. PUBLIC HEARINGS (a) Ordinance Amendment Regarding Number of Allowed Dogs (b) Variance request from the minimum rear yard setback within an R-2 zoning district 4. DISCUSSION (a) Fairhill Estate at North Creek Final Plat (b) Upcoming Joint Meetings 5. ADJOURN i r City of Farmington U 430 Third Street Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Approve Planning Commission Minutes DATE: May 14, 2019 INTRODUCTION Attached, are the minutes from the April 9, 2019 regular meeting. DISCUSSION NA ACTION REQUESTED Approve the minutes from the April 9, 2019 regular meeting. ATTACHMENTS: Type Description o Backup Material April 9, 2019 Planning Commission Minutes Planning Commission Minutes Regular Meeting April 9,2019 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty, Franceschelli,Tesky,Windschitl Members Absent: Bjorge Also Present: Tony Wippler,Planning Manager 2. Approval of Minutes a. Approve Planning Commission Minutes MOTON by Franceschelli second by Tesky to approve the minutes of March 12,2019. Voting for: Rotty,Franceschelli,Tesky. Abstain: Windschitl. MOTION CARRIED. 3. Public Hearings—Chair Rotty opened the public hearings a. Review Preliminary Plat,Final PUD Plan Fairhill Estate at North Creek,Fairhill Outlots Final Plat The property consists of 91.01 acres located at the southwest intersection of 190th Street W and Highway 3. Residential development in Empire Township is to the south and the railroad and flooplain is to the west. The preliminary plat consists of 244 single family residential lots and 21 outlots containing public and private parks,open space, storm water facilities,wetlands and gas line easement. The development is broken down into six focus areas each with its unique lot configuration and size. The applicants are proposing deviations for minimum lot width and area requirements with certain focus areas. These deviations will be addressed with the Planned Unit Development Agreement with the Phase 1 final plat. The main access will come from 190th Street W and will extend to the south when property in Empire Township develops. Right-of-way has been provided for a future • connection to 194th Street. This connection will be made when the city and Empire Township agree that the connection for general traffic is needed. For now, it will be an emergency access only. There will be four typical street sections throughout this development. The development contemplates a community park in the central portions of the plat which will be deeded to the city and will be owned by the city. Three private parks are planned on the west side of the development in later phases. Trails and sidewalks will be throughout the development. Water service exists near the northwest corner of the site,sanitary sewer is located on the west side of the railroad,south of 195th Street. The sanitary sewer will have to be extended under the railroad in order to service this development and the city and developer are in the process of obtaining the necessary permits. The landscape plan shows boulevard trees. The city code allows for boulevard trees on designated routes only and there are none in this area. Staff will allow the boulevard trees with the understanding the homeowners association deals with the maintenance of the trees. Planning Commission Minutes April 9,2019 Page 2 There will be five phases to this development,with the first phase in the northeast corner containing the main entry drive,extending west to the center of the property. The first phase should start within the next month. The Fairhill Outlots final plat consists of four outlots A-D. This is to accommodate land transactions between the two applicants. This plat will go away with the final plat. Staff is recommending approval with conditions: 1. The approval of a Planned Unit Development Agreement at time of Final Plat for Phase 1. 2. The submission of construction plans for grading and utilities that are acceptable to the city engineer. Mr.Ed Gerten,20755 Ahern Blvd, asked if MnDOT has commented on 194th Street. There is an upgrade planned on highway 3 for additional turn lanes and they are not sure how MnDOT will deal with 194th Street. Residents want access to highway 3. With the width of the road,to make it a permanent access from the development,will impact the residents as far as parking and road width. Chair Rotty felt if MnDOT makes it a right in, right out,the residents would want a connection. Right now, 194th Street will not be connected to Highway 3 and will be an emergency entrance only. Mr.Gerten asked if there are 48 foot wide lots elsewhere and what do they do with the snow? Chair Rotty • would also like to know what type of housing they put on 48 foot wide lots. Mr. Gerten asked about sight lines with some of the low setbacks. Ms.Lori Ouska,3575 194th Street, lives on the north side and asked how much of her front yard will be taken up by the emergency access. Chair Rotty did not see any change as there is emergency access now. She and the residents do not want access opened to that street because it will bring so much more traffic. Chair Rotty stated MnDOT will decide that; it will not be up to the city or the township. If it is right in,right out,every time you go out you will have to turn south. Future development to the south will have an access two to three blocks south. Ms.Brenda Hanks, 3598 194th Street W,has attended all the meetings about this area. One thing that bothers her is there is one way in and one way out and it seems dangerous. The last builder that looked at their street said it's not going to work;it's too narrow. A compromise was with the emergency access and they said it would take quite a lot to build that. Residents are against it ever being opened. If they make it a right in,right out,they are also talking about a roundabout at 197th Street. If they do a business area to the south,that is one thing Empire is saying would be necessary. If we have a right in, right out,we would hit the roundabout a couple blocks down,swing around and go north. The last builder made lots of promises about how they were going to connect to the northern edge of our street. They talked about burying electrical lines,how they were going to tier the area and she would be interested in knowing what the builder is doing so the people who face north,how that will look for them. They have signed a petition that they do not want to be connected. If it is a right in,right out,so be it. They are concerned because their street is very narrow. If it was a through street, it is so narrow you could not park on the street. She has sat at that intersection at all times of the day and it is non-stop traffic. Planning Commission Minutes April 9,2019 Page 3 Ms. Wanda Meyer,3656 194th Street W,reiterated that the street is very narrow so it would not be good to open it up. You would have to eliminate on street parking which can't be done,because some don't have garages and some have multiple people living in a home. Ms. Cheryl Schmitz, 3624 194th Street W, asked regarding the emergency entrance,how will that be controlled. Mr. Gerten noted there will be a locked gate. It will only be opened for emergency vehicles. Ms. Schmitz asked if MnDOT makes a right in,right out,that will force us through another subdivision. We live in an older subdivision and many have grandchildren. They will be riding bikes only in the driveway. If you force people through other subdivisions,not everyone will go slow. She lived in another area where a developer built lots of beautiful,grand homes. They thought about the ecologic impact,but they did not consider the effect that the construction had on the ecology and drainage. We ended up being taxed for storm sewer systems when there was no problem before the development. What will be done to make sure any water is going to flow and drain in the appropriate ways and not cause extra expense to Farmington,the county and Empire? Staff noted the developer has to submit a plan for storm water management to keep the runoff on sight. There will be a number of storm water ponds on the development to accommodate that. Chair Rotty noted the key is to keep water onsite and not make it someone else's problem. • Mr.Jeff Meyer,3656 194th Street, asked how they came up with the lot sizes; it seems they are squeezing them in. The biggest lot size is 60 feet. All of our homes have 100 foot lots. He asked if there was any consideration to somewhat match what is there instead of jamming in as many houses as possible. Chair Rotty also asked the builder to explain the types and values of the homes. A resident asked if there will be a fence behind the homes that will be impacted the most along the north side of 194th Street. She wants something long term. Chair Rotty clarified for long term,what kind of buffering will be planted. Mr.Adam Seed, 7588 Urbandale Lane,Maple Grove,he is a family member that has an interest in the land. Over the years,it has taken a lot of consideration to get to this planning stage which started in 2008. He had complete confidence in Mr.Rob Wacholz as the developer and the builders and engineers who really worked hard to come up with a good plan for the city. We wanted to get this right and that's why it went so slow. Chair Rotty noted the process is one of transparency. We invite the residents so they can comment and we listen. Part of the process is that we want to do it right the first time. We listen to the residents and the developer. Hopefully residents can understand better what neighbors they will have in the future. The road is a great connection to our two communities. We knew some day development would occur. Chair Rotty invited the developers to answer the residents' questions. Mr.Rob Wacholz, True Gravity Ventures,is the developer. M/I Homes of Minneapolis,LLC is the builder. The lot sizes go back to 2008 and minor revisions were made in 2017 and approved. As a developer you want to make adjoining connections to neighborhoods. The connection to 194th Street will be for emergency access. As far as paving it,that will be up to the city and Empire. Regarding the snow removal on smaller lots,they are all public streets and there is plenty of room in the boulevards to store the snow. Regarding electrical Planning Commission Minutes April 9,2019 Page 4 lines,the power company is out of easement so the developer is working with them to get them to come underground through the main drive with their main feed. There were questions about the tier between this project and the previous plan. There were a series of retaining walls along the property line and it was tiered so each wall would be four feet maximum. In the re-engineering of the plan,all the walls have been removed so there will be a slope between the homes. Regarding storm water,the control plan in 2008 was far denser at 380 lots and the only open space was three acres of public park and the gas line easement. The developer has loosened it up and reduced the number of units, providing more space for the water to traverse over ground. The lots east of the entry road are designated for the flex and grow home. They range from 2000 to 3000 sq.ft. as one levels,walkup splits,two story and one and a half story. Each home design is created where there is 500 to 700 sq.ft. of single family house that can be separated off for mother-in-law,older kids,rental,etc. The price is in the mid$300,000's to low $400,000's. The single family lots on the west side of the entry drive are where the models will be. Mr.John Rascome,M/I Homes,provided staff with a variety of floor plans. They don't allow the same house or color palettes next to each other and pay attention to street scape. He showed examples of single family homes. The average price is$425,000. The villa homes are maintained by an association so there is a vendor that clears the snow. The lot sizes mentioned are minimums. A master association will govern the entire neighborhood and sub-associations for the entrance,for single family,for the villa and for the carriage homes. On the villa and carriage homes where you are ten feet apart,we give reciprocal easements between properties, so one property can use another's property to get to the rear yard. They do not allow sheds,privacy fences,outside parking of vehicles over a certain number of days,boats,campers,or storing things outside. On the west side of the property,where the development backs up to current homes,the development is 14 feet lower than the current homes and there will be one slope going up. Chair Rotty asked if the villa and carriage homes are both on 48 foot wide lots. The builder stated the carriage homes have 40 and 50 foot wide lots,so there will be a two or three car garage option. The villa homes are 50 and 60 foot wide lots with a two or three car garage. They mix them on the street scape so it's not garage dominated. Chair Rotty asked about management companies for the association. There will be one management company for the master and sub-associations. Chair Rotty heard price points of$325,000 - $600,000. Ms.Brenda Hanks,asked about the railroad tracks. You are putting$300,000 homes next to the railroad tracks. They live down the street and their house moves when the train comes through. How are you constructing homes so the vibration of the trains will be handled? You are spending$300,000 for a retirement house next to a railroad track. The builder stated they are constructing a large berm behind those homes. Ms.Hanks noted there are townhomes across the road and when they purchased the home,they did not realize the traffic noise from highway 3 and the roundabout. Chair Rotty stated when people go to buy the home,hopefully they notice the tracks and highway 3 and consider whether they are okay with that impact. Ms.Hanks asked if the homes are being built to spec or if people are designing their homes.The builder stated the majority will be custom. Planning Commission Minutes April 9,2019 Page 5 Member Franceschelli thanked staff for their hard work and the residents for their questions. He liked the project and it will be a great asset to the community. Member Tesky thanked staff for their work. She asked about the HOA and if it will take care of all the maintenance and what about the public and private parks. The public park would be the city. Member Windschitl asked about the in and out off of 195th Street. Staff stated it is right and left onto 195th Street. Member Windschitl asked if the county has said that is the best spot for the road. Staff stated the county has reviewed it because it is next to a county roadway,it has to go through the county plat commission and it meets their spacing guidelines. Member Windschitl asked about having part of the house for a rental. He asked if that will be a problem if we have a rental license program. That will bring more cars to be parked,etc. Staff stated the city does not have a rental license program and do not foresee that program. It isn't a duplex. It is a single family home where they will have a separate door on the inside of the home. Mr.Wacholz stated your best landlord is an owner occupant landlord. Anyone can rent their entire single family home. With the flex and grow home you can only rent out that accessory space if you are an owner occupant. That is in the association documents. In their experience, it is usually a family member. Member Windschitl asked who will maintain the emergency gate when it gets damaged? Staff stated the city will. Chair Rotty explained this is the process. The residents were asked to come and the commission listened. He noted Mr.Ed Gerten is a voice for the township. We do not know what MnDOT will do in the future. Chair Rotty hoped the explanation of the grading of the emergency access and the gate is sufficient. Any future development of that will be decided between elected officials of the city and the township. It will not be done without residents knowing about it. One of the main reasons 190th and 195th Streets are there is because this land was designated with MUSA,which is sanitary sewer,which has the ability to be developed many years ago. Development should not be a surprise. This is the right thing to start. What happens with 194th and Highway 3 is to be determined. Hopefully it will be done with everyone's best interests in mind. He felt all questions have been answered. There will be some nice homes and hopefully nice neighbors. He will recommend approval of the plat.. Staff explained the plat will go to the city council April 15 for approval. The planning commission holds the public hearing and makes a recommendation to the city council. MOTION by Tesky,second by Windschitl to close the public hearing. APIF, MOTION CARRIED. MOTION by Franceschelli,second by Tesky to recommend approval to the city council of the preliminary plat and final PUD plan for Fairhill Estate at North Creek and the final plat for Fairhill Outlots subject to the two conditions. APIF, MOTION CARRIED. 4. Discussion a. Draft Ordinance Regarding Number of Allowed Dogs At the March 12,2019,meeting the commission discussed amending the city code regarding the maximum number of dogs allowed on a property. Three dogs seems to be Planning Commission Minutes April 9,2019 Page 6 the number allowed by other communities. The draft ordinance increases the number allowed from two to three. The kennel ordinance stated three or more dogs so that was increased to four or more. Member Tesky agreed with the changes. Member Windschitl asked if this was strictly for dogs,which it is. Member Franceschelli asked what is the fee for a dog license. Staff stated we have a permanent license and a two-year license and will check on the cost. Member Franceschelli asked about a regular dog license and a license for more than two dogs. If a license for dog one is$6,for dog two is$6,why not$8 for dog three. If I move into the community and I have six dogs,by attrition I should be able to get down to three. What is to prevent me from saying I had six and one passed away,so I'm going to buy another one. Staff stated it does not stop them from doing that. Member Franceschelli asked about the rabies vaccination and why do we say the vaccination has to be within the last 36 months instead of the last 6 to 12 months. Staff would have to check with the police department. He had no problem with increasing the number of dogs allowed to three and four for the kennel license. • Chair Rotty agreed with the increase. Staff will bring back the full ordinance at the next meeting and research the questions. 5. Adjourn MOTION by Franceschelli second by Windschitl to adjourn at 8:37 p.m. APIF,MOTION CARRIED. Respectfully submitted, C.Jwt 1 a Muller Cynthia Muller Administrative Assistant IM City of Farmington \11.7 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 444.4,, +w': www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Ordinance Amendment Regarding Number of Allowed Dogs DATE: May 14, 2019 INTRODUCTION Attached, for your consideration is an ordinance amendment to Title 6, Chapters 2 and 3 as they relate to dogs and kennels, respectively. DISCUSSION The Commission reviewed the proposed ordinance amendment, in draft form, at its regular meeting on April 9, 2019. Current city code allows for a maximum of 2 dogs (up to 4 if certain circumstances exist). The keeping of 3 or more dogs under this current code require a kennel license be approved. Commercial Kennels and Residential Hobby Kennels are conditionally allowed only in certain zoning districts (B-1, B-3, IP and I-1 for Commercial Kennels; and A-1 for Residential Hobby Kennels). The attached ordinance amendment revised Section 6-2-14 to increase the number of allowed dogs from 2 to 3. The proposed ordinance amendment also amends Section 6-3-1 amending the definitions for both Commercial Kennels and Residential Hobby Kennels to an establishment where 4 or more dogs are being kept. Current definitions state establishments where 3 or more dogs are being kept. The proposed changes reflect similar language as our neighboring communities. ACTION REQUESTED Recommend approval of the attached ordinance amendment and forward that recommendation on to the City Council for adoption. ATTACHMENTS: Type Description D Ordinance Ordinance Amendment CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA ORDINANCE NO. AN ORDINACNE AMENDING TITLE 6 CHAPTERS 2 AND 3 AS THEY RELATE TO DOGS AND KENNELS RESPECTIVELY THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 6, Chapter 2 of the Farmington City Code, is hereby amended by adding the underlined language and removing the s-trilct4fratigh language as follows: 6-2-1: LICENSE REQUIRED: (A)No person shall own, keep or harbor any dog over the age of four(4)months within the city unless a license has first been secured.Licenses shall be issued by the clerk for such fees as shall be set forth by the city council from time to time. It shall be the duty of each person owning,keeping or harboring a dog to pay a license fee imposed by this section to the clerk on or before January 1 of each year, or upon acquiring ownership or possession of any unlicensed dog, or upon establishing residence in the city to forthwith pay such license fee'. (B)At any time when a license is purchased as a result of enforcement action,an enforcement penalty fee shall be imposed, as established by the city council, in addition to the regular licensing fee. (Ord. 015- 698,6-15-2015) 6-2-2: RECEIPTS FOR LICENSES: Upon payment of the license fee,the clerk shall execute a receipt in duplicate,the original of which shall be delivered to the person who pays the fee and the duplicate retained in the records of the city. The receipt shall describe the dog as to breed and age. (Ord. 015-698,6-15-2015) 6-2-3: TAGS: The clerk shall also procure a sufficient number of suitable metallic tags,the shape and/or color of which shall be different for each license year. The clerk,or designated representative,shall deliver one appropriate tag for each dog to the owner when the license fee is paid. The owner shall cause said tag to be affixed by a permanent metal fastener to the collar of the dog so licensed in such a manner so that the tag may easily be seen by police officers of the city. The owner shall see to it that the tag is constantly worn by such dog. (Ord. 015-698,6-15-2015) 6-2-4: DOG POUND: The council shall from time to time designate a place as city dog pound where suitable arrangements are made for keeping and maintaining any dogs which may be seized or taken into custody by any officer of the city pursuant to this chapter. (Ord. 015-698, 6-15-2015) 6-2-5: IMPOUNDING OF UNLICENSED DOGS: If the dog is licensed,officers will attempt to contact the owner and return the dog. If the dog is unlicensed, officers will transport the dog to Castle Rock Kennels. The dog will remain there until the owner is contacted or for five(5)days,whichever is shorter. The city is responsible for housing fees on those dogs. Identified pet owners are responsible for fees on boarding their pets when they are located. (Ord. 015-698, 6-15-2015) 6-2-6: REDEMPTION OF IMPOUNDED DOGS: If the dog is unlicensed and no owner is located within five(5)days,Castle Rock Kennels will look for alternative placement or adoption. (Ord. 015-698, 6-15-2015) 6-2-7: DISPOSAL OF UNREDEEMED DOGS: Any dog which is not claimed as provided in section 6-2-6 of this chapter within five(5)days after impounding may be sold by the dogcatcher according to the agreement and the fees so received retained by the city. (Ord. 015-698,6-15-2015) 6-2-8: DANGEROUS DOGS: (A)Definitions: DANGEROUS DOG: 1. Any dog that has: (a)Without provocation, inflicted substantial bodily harm on a human being on public or private property; (b)Killed a domestic animal without provocation while off the owner's property; or (c)Been found to be potentially dangerous,and after the owner has notice that the dog is potentially dangerous,the dog aggressively bites,attacks,or endangers the safety of humans or domestic animals. 2.A dog shall not be declared a"dangerous dog" if the threat, injury, or damage was sustained by a person: (a)Who was committing,at the time, a wilful trespass or other tort upon the premises occupied by the owner of the dog; (b)Who was provoking,tormenting,abusing,or assaulting the dog or who can be shown to have repeatedly, in the past, provoked,tormented,abused,or assaulted the dog; or (c)Who was committing or attempting to commit a crime. POTENTIALLY DANGEROUS DOG: Any dog that: 1. When unprovoked, inflicts bites on a human or domestic animal on public or private property; 2. When unprovoked, chases or approaches a person, including a person on a bicycle,upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or 3. Has a known propensity,tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. (B)Registration Required:All dangerous dogs must be registered with the city. The city shall issue a certificate of registration to the owner of a dangerous dog if the owner presents sufficient evidence that: 1.A proper enclosure exists for the dangerous dog as required under this section and a posting on the premises with a clearly visible warning sign as required under this section, including a warning symbol to inform children that there is a dangerous dog on the property; and 2.A surety bond issued by a surety company authorized to conduct business in this state in a form acceptable to the city in the sum of at least fifty thousand dollars($50,000.00),payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least fifty thousand dollars ($50,000.00), insuring the owner for any personal injuries inflicted by the dangerous dog. Such insurance policy shall provide that no cancellation of the policy will be made unless ten(10)days' written notice is first given to the city clerk. At the time of registration,the city shall provide to the owner of the dangerous dog for posting on the owner's property a copy of a warning symbol to inform children that there is a dangerous dog on the property. (C)Fees: 1. Registration: The city shall charge an annual registration fee,in addition to any regular dog licensing fees, which amount shall be set by resolution of the city council from time to time. 2. Warning Symbols: The city shall charge a fee for warning symbols provided to owners of dangerous dogs for posting on their property,which amount shall be set by resolution of the city council from time to time. (D)Requirements: Owners of dangerous dogs within the city shall comply with the following: 1. Tag: A dangerous dog must have a standardized,easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol required by the city affixed to the dog's collar at all times. 2. Confinement: All dangerous dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as required under this section. Such pen, kennel,or structure must have secure sides and a secure top attached to the sides.All structures used to confine dangerous dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet(2').All structures erected to house dangerous dogs must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. 3.Leash And Muzzle:No person shall permit a dangerous dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet(4')in length.No person shall permit a dangerous dog to be kept on a chain,rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs may not be leashed to inanimate objects such as trees,posts,buildings,and the like. In addition,all dangerous dogs on a leash outside the animal's kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals. 4. Confinement Indoors:No dangerous dog may be kept on a porch,patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition,no such dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure. (E)Law Enforcement Exemption: The provisions of this section do not apply to dangerous dogs used by law enforcement officials for police work. (F)Confiscation: 1. Seizure: The city shall immediately seize any dangerous dog if: (a)After fourteen(14)days after the owner has notice that the dog is dangerous,the dog is not validly registered under this section; (b)After fourteen(14)days after the owner has notice that the dog is dangerous,the owner does not secure the proper liability insurance or surety coverage as required under this section; (c)The dog is not maintained in the proper enclosure; or (d)The dog is outside the proper enclosure and not under physical restraint of a responsible person as required under this section. 2. Reclaimed:An owner may reclaim a dangerous dog seized under this section by paying impounding and boarding fees and presenting proof to the city that the requirements of this section have been met. The city may dispose of a dog that is not reclaimed within seven(7)days and the owner is liable to the city for costs incurred in confining and disposing of the dog. 3. Subsequent Offenses: The city shall seize any dog where a person has been convicted of a misdemeanor for violating Minnesota Statutes Annotated 347.51 or 347.52,and the person is charged with a subsequent violation relating to the same dog. If the person is convicted of the crime for which the dog was seized,the city will destroy the dog in accordance with the order of the court and the owner shall pay the cost of confining and destroying the animal. If the person is not convicted of the crime for which the dog was seized,the dog may be reclaimed pursuant to subsection(F)2 of this section or disposed of within seven(7)days if unclaimed. (Ord. 015-698, 6- 15-2015) 6-2-9: BARKING DOGS: It shall be unlawful for any person to own,harbor,keep or have in his/her possession or on his/her premises any dog,which by loud and frequent barking,howling, or yelping shall cause noise,disturbance or annoyance to persons residing in the vicinity thereof. (Ord. 015-698,6-15-2015) 6-2-10: TRESPASSING BY DOGS: It shall be unlawful for any person who owns,harbors,or keeps a dog,or the parents or guardians of any such person under twenty one(21)years of age,to allow such dog to stray or trespass upon the premises of any other person to the latter's damage or annoyance. (Ord. 015-698,6-15-2015) 6-2-11: RUNNING AT LARGE PROHIBITED: It shall be unlawful for any person owning,possessing or harboring any dog,or the parents or guardians of any such person under twenty one(21)years of age,to allow such dog to run at large within the urban districts of the City,or within the rural districts of the City if said dog can be classified a public nuisance as set forth in section 6-2-12 of this chapter.All dogs within the urban districts,not confined within an enclosure shall be kept on a leash securely fastened or held so as to prevent the dog from running at large. A dog within the urban districts shall be deemed to be running at large if the same is off the premises of the person who owns,harbors or keeps said dog and not under the control of such person or some other person designated by him/her,either by leash,cord or chain. (A)The rural district shall include all platted and unplatted land presently within the limits of the City,or hereinafter annexed thereto,which are not developed for commercial, industrial or urban residential purposes. Land in rural districts must be open,rural in character and maintained generally in farm crops,pasture land,seeded or diverted acreage. (B)The urban district shall include all other lands within the limits of the City,or such lands hereinafter annexed,which are not within the rural districts.(Ord. 015-698,6-15-2015) 6-2-12: DOGS AS PUBLIC NUISANCES: It shall be unlawful for the owner or custodian of any dog within the corporate limits of the City of Farmington,whether permanently or temporarily therein,to permit such dog from committing any act which constitutes a nuisance. It shall be considered a nuisance for any dog to habitually or frequently bark or howl,to run at large,to trespass,to perform lewd acts or annoy any person,or to defile or destroy any property,public or private.Unrestrained dogs, or those dogs considered a nuisance,may be taken by the dogcatcher, any law enforcement officer of the City and by other persons designated by the City to assist in the enforcement of this chapter and be impounded. Such officers shall have the right to enter upon premises,whether public or private,for the purpose of impounding an animal which constitutes a nuisance. (Ord. 015-698, 6-15-2015) 6-2-13: QUARANTINE: Whenever any person owning,possessing or harboring any dog within the corporate limits of the City shall learn that such dog has bitten any human being, such person shall immediately impound said dog in a place of confinement where it cannot escape or have access to any human being or other animal and shall also immediately notify the Chief of Police. Whenever the Chief of Police shall learn that any human being has been bitten by any dog within said City,he/she shall ascertain the identity of such dog and the person owning,possessing or harboring it and shall immediately direct such person to forthwith impound such dog as herein required.Any dog so impounded shall be kept continuously so confined for a period of fourteen(14)days from the day the dog bit a human being. Upon learning that a dog has bitten a human being,the Chief of Police shall immediately notify the Health Officer and inform him/her of the place where the dog is impounded. It shall be the duty of the Health Officer to inspect the said dog from time to time during its period of fourteen(14)days' confinement and to determine whether such dog is infected with rabies. For this purpose he/she shall have access to the premises where such dog is kept at all reasonable hours and may take possession of the dog and confine it in the City dog pound or other suitable place at the expense of the owner. The owner or person in possession or harboring such dog shall immediately notify the Health Officer of any evidence of sickness or disease in the dog during the period of confinement and shall promptly deliver its carcass to the Health Officer in case of its death during said period. (Ord.015-698, 6-15-2015) 6-2-14: LIMITATION OF DOGS ON PREMISES: (A)Limits: It shall be unlawful for the owner of any parcel of land within the corporate limits of the City of Farmington to own,keep or harbor, or allow to be owned,kept or harbored on said parcel more than two-(2)three(3)dogs,unless a license and conditional use permit for a commercial kennel or residential hobby kennel has been secured. For purposes of this section"owner" shall be any person, firm,partnership, corporation, shown to be such on the record of the Dakota County auditor or Dakota County Treasurer.For purposes of this section, "parcel of land" shall mean that portion of land intended as a unit of ownership to which the Dakota County auditor or Dakota County Treasurer has assigned a parcel number. (B)Exception: The owner of a parcel of land in the City of Farmington shall be allowed to own and keep up to a maximum of four(4)dogs on a temporary basis under the following conditions: 1.All dogs shall have been owned prior to residency in the City. 2. All dogs kept under provision of this section shall be unsexed as documented by a veterinarian's certificate. 3. All dogs kept under provisions of this section shall be sheltered within the primary residence on the parcel of land. 4. Dogs shall be allowed outdoors only on the owner's property and secured within a fenced perimeter. 5.All owners keeping dogs under provisions of this section shall come into compliance with subsection(A)of this section through attrition. (C) Fees: The owner of a dog licensed under the provisions of subsection(B)of this section shall be required to pay an annual fee for each dog over that number authorized in subsection(A)of this section. The Farmington City Council shall,by resolution,establish the amount of the fee required. (Ord. 018-736,3-19-2018) 6-2-15: DOG SHELTERS: It shall be unlawful for any person to erect or maintain on the premises which he/she occupies any type of shelter or other place of confinement in which animals are kept closer than ten feet(10')of the adjoining property line. (Ord. 015-698,6-15-2015) 6-2-16: RABIES VACCINATION: No person shall own,keep or harbor any dog over the age of four(4)months within the City unless the dog has been vaccinated for rabies.At the time a license is issued,the owner of the dog shall provide proof that the dog being licensed has been vaccinated against rabies within the previous thirty six(36) months. (Ord. 015-698, 6-15-2015) SECTION 2. Title 6, Chapter 3 of the Farmington City Code, is hereby amended by adding the underlined language and removing the strikes language as follows: 6-3-1: DEFINITIONS: For the purposes of this chapter,the following terms shall have the meanings herein ascribed to them: KENNEL,COMMERCIAL: Any place where three-(3)four(4) or more dogs(male or female)over six (6)months of age, or more than ten(10)cats(male or female)over six(6)months of age,or more than ten(10)ferrets(male or female)over six(6)months of age, or any combination thereof,not including offspring under seven(7)months of age,are commercially kept,boarded,trained or offered for sale except when located in a pet shop or animal clinic.A kennel may include secured outdoor runs and/or play areas. KENNEL,RESIDENTIAL HOBBY: Any building, structure, enclosure or premises located on a residentially used property where 3)four(4)or more dogs(male or female)over six(6)months of age are kept or maintained. (Ord. 018-736,3-19-2018) 6-3-2: LICENSE REQUIRED: (A)Requirements: Any person desiring to operate and maintain a commercial kennel or residential hobby kennel within the City shall be required to obtain the required license therefor from the Clerk of the City. The license application shall state the name and address of the kennel owner,the type of kennel, the location of the kennel,and the number of animals proposed to be kept.The license to operate a commercial or residential hobby kennel shall be for one year and expire on December 31 of each year. The fee for said license shall be as set by the Council from time to time. In addition to the license required herein,the applicant for a commercial kennel license and residential hobby kennel must also secure a conditional use permit when locating in the A-1 (residential hobby kennels only),B-1,B-3, I-1,or IP Zoning Districts. Each kennel license shall be posted conspicuously on the premises where said kennel is located. Every kennel shall be kept at all times in a clean and sanitary condition and the animals shall be reasonably restrained from annoying the neighborhood or the general public.The Council, or its authorized representative, shall have the right of entry for inspection of said premises at all reasonable hours. (B) Standards: Commercial kennels are subject to the following standards: 1.An enclosed exercise area shall be provided to accommodate the periodic exercising of dogs boarded at the facility.Any outdoor exercise area must be fenced to a minimum height of four feet (4'). In cases where the fencing is not one hundred percent(100%)opaque a three foot(3') vegetative buffer must also be provided along said fence.Any outdoor exercise area must be maintained in a clean and sanitary condition at all times.All solid waste must be removed a minimum of once per day and the solid waste shall not be allowed to enter a stormwater facility or storm sewer.No dogs shall remain unattended in an outdoor exercise area. 2. In a multi-tenant building,the kennel facility must have a ventilation system that prohibits the transmission of odors or organisms between tenant bays. The ventilation system must be capable of completely exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated for the keeping of animals exclusive of offices pursuant to chapter 1346 of the Minnesota State Building Code, as may be amended. These requirements can be met by the submission of an air exchange analysis,acceptable to the City from a Minnesota licensed contractor or engineer confirming with said standards, otherwise,the facility ventilation system must be completely separate and independent of other tenant space within the building. Facility air temperature must be maintained between sixty degrees Fahrenheit(60°F)and eighty degrees Fahrenheit(80°F). 3. If located within a multi-tenant building, soundproofing shall be installed on all common walls between the commercial kennel bay and adjacent bays within the building. 4. Wall finish materials below forty eight inches(48")in height shall be impervious,washable materials such as sealed masonry, ceramic tile,glass board,or marlite. Floor finish shall be sealed concrete or other approved impervious surface.Liquid tight curbing,at least six inches(6")high, shall be installed along shared walls for sanitary confinement and water wash down cleaning. 5.A sufficiently sized room/cage separate from the facility areas shall be provided to adequately separate sick or injured animals from healthy animals. 6. Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a container of sufficient construction to eliminate odors and organisms. (Ord.018-736,3-19-2018) 6-3-3: RECORDS KEPT: Each licensee hereunder shall keep a record of each and every animal harbored in said kennel,stating the name,sex and breed of each such animal,the date of acquisition and the disposition of said animal and any further information as the Council may from time to time determine necessary.(Ord. 018-736,3-19- 2018) SECTION 3. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this day of ,20 , by the City Council of the city of Farmington. CITY OF FARMINGTON By: Todd Larson,Mayor ATTEST By: David McKnight, City Administrator SEAL Approved as to form the day of ,20 . By: City Attorney Published in the Dakota County Tribune the day of ,20 . .�► City of Farmington _4 430 Third Street f 1.11116 Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 ?.APROOw;.: www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Variance request from the minimum rear yard setback within an R-2 zoning district DATE: May 14, 2019 INTRODUCTION The city of Farmington is the applicant. The city is seeking approval to encroach into the required rear yard setback and to cross property lines for the construction of a park shelter. The subject location is Marigold Park in the New Sunrise subdivision. Planning Division Review Site Address: 21195 Cameron Way(Marigold Park) Property Owner: city of Farmington Attachments: • Variance application • Memo from Parks and Recreation Director Randy Distad • Aerial showing the requested location for the park shelter(Exhibit A) • Aerial showing the required setback location for the park shelter(Exhibit B) • Marigold Park Master Plan Legal Description: Oudot A New Sunrise Addition Lot Area: 11,251 square feet Existing Land Use: vacant parcel Surrounding Land Uses: Single-family residences to the north and east. City owned property to the south and west. Existing Zoning: R-2(Low/Medium Density Residential), Planned Unit Development. DISCUSSION The city is requesting a variance to reduce the rear yard setback and cross property lines into additional property that the city owns for the construction of a park shelter. The subject property is marigold park which is located in the southwest corner of the New Sunrise development. The subject property is zoned R- 2 and requires a minimum rear yard setback of 6 feet. When the property was originally platted in 2006, this outlot was to be a private park(tot lot)for the development. The development went through foreclosure and was sold and replatted in 2014 as New Sunrise Addition. At that time, the developer requested to deed the outlot to the city as a city park. The city acquired the parcel in 2014 and completed a park master plan for Marigold park in 2018(attached). The approved master plan shows a playground and park shelter on the north side of the existing trail that bi-sects the property. However, the playground equipment that is going to be installed is larger than what was anticipated in the master plan and has forced the shelter to be relocated, specifically to the south side of the trail. As stated in the memo from Parks and Recreation Director Distad, the request is to consider the three separate city owned parcels (the park parcel and two storm water pond parcels)as one city owned property when determining the setback requirements for the park shelter. The proposed shelter would be a 22' x 22' structure and would be generally located near the southwest corner of the property(see Exhibit A). The requested location would allow the shelter location to be more centrally located and further away from adjacent property owners but still meet the setback requirement if all three of the city owned parcels are considered as one city owned property and the setback is based on the furthest property line of the combined three city parcels. The Planning Commission acting as the Board of Adjustment may not approve a variance request unless it is found that"practical difficulties" exist using the following criteria: 1. Because the particular 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. Economic consideration alone does not constitute practical difficulties. Due to the pond slope and drainage swale that exist in the area where the shelter could be located and meet the setback requirements (Exhibit B)practical difficulties exist. There is considerable slope on the back side of the shelter that would require extensive fill in order to support the concrete slab for the shelter at that location. The location as shown in Exhibit B would also require additional grading work at an additional cost to cut and fill the site than if the shelter location were to be moved to the proposed location shown in Exhibit A where it is generally flat and will not require the site to be cut and filled. The second identified difficulty is that an exisitng trail bisects the parcel. The trail was originally installed in 2006 when the parcel was to be a private park(tot lot). Because of the trails location, there isn't enough space on the north side of the trail to fit both the new playground equipment and the shelter. This has forced the shelter to be moved to the south side of the trail. 2. That the variance would be consistent with the comprehensive plan. The subject property is guided low medium density residential in the 2030 Comprehensive Plan. Constructing a park at this location is not inconsistent 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 opinion that the variance as requested is in harmony with the general purpose and intent of this title. 4. The conditions upon which a variance is based are unique to the parcel of land for which the variance is sought are not applicable, generally, to other properties within the same zoning classification. The conditions are unique in this instance as the city is the owner of the three parcels on which the shelter is to be located. If you where to take the setback from the furthest most property line of the three city owned parcels the required 6 foot setback would be met. 5. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the parcel of land. The parcel was originally platted in 2006 and was to be developed as a private tot lot. The city retained ownership of the outlot when the property was replatted in 2014.At that time the grading work on the site as well as the installation of the trail had been completed. 6. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. The granting of the requested variance will not alter the essential character of the locality or have a negative impact on other property in the vicinity. 7. The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. The proposed variance will not result in any of the above mentioned adverse effects. 8. The requested variance is the minimum action required to eliminate the practical difficulties. This is the minimum action necessary to eliminate the practical difficulty. 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. The subject property is zoned R-2 and public parks and playgrounds are a permitted use. ACTION REQUESTED Staff recommends approval of the requested variance to allow the construction of a park shelter within the required rear yard setback and over the adjoining property lines subject to the following condition: 1. The submittal and approval of a building permit. ATTACHMENTS: Type Description ❑ Backup Material Variance application o Backup Material Memo from Parks and Recreation Director o Backup Material Exhibit A-requested location o Backup Material Exhibit B - required setback location ❑ Backup Material Marigold Park Master Plan M 0 \ E APR 26 2019 Ill 'p' City of Farmington E.�` 430 Third Street Farmington.•Fax Minnesota B f1 b51.280.fi800•F651280.6899Y VARIANCE APPLICATION f Applicant: v[41 c VVL I/1.1l�4'OV\ Telephone:(Sb 2161,— ��S(Fax: ( ) Address: 12jt!} 1k1 r!' S. FificY1''1.1rw I"I jJV 56-62.1 Street City t State Zip Code Owner: CI: 6.-E- PP Ov t „It.^ Telephone: 5I) 2-xO - et7l7Fax: ( ) . Address: ?j© ."61;f 1 Jh 'Y/Yl1Cl 1/14 /0 555-02- f et City State Zip Code Premises Involved: ad- A tbi 4.4.)...57,-,;-%_,.. AU j-', Address/Legal Description(lot,block,plat name,section,township,range) l D . Current Zoning District R-a Pt'16 Current Land Use p�vJ p 41 A/v P s1 0-c. Specific Nature of Request/Claimed Practical Difficulties: .S ' c H Tate !!l SUBMITTAL REOUIREMENTS o Proof of Ownership Pt Copies of Site Plan ❑Application Fee($200) ❑Abstract/Residential List(adjoining property owners only) ❑Boundary/Lot Survey ❑Torrens(Owner's Duplicate Certificate of Title Required) Lf7 b 124atterry Owner Date Signature of plican,jdt O Date Request Submitted to the Planning Commission on For office use only Public Hearing Set for: Advertised in Local Newspaper: Planning Commission Action: Approved Denied Fee Paid $250—City of Farmington Comments: Conditions Set: Planning division: Date: 1/1/2018 DRAFTED BY: City of Farmington 430 Third Street Farmington,MN 55024 CITY OF 0430 Third St., Farmington, MN 55024 FARM I N GTO N ® 66i-280-6800 FarmingtonMN.gov TO: Tony Wippler, Planning Manager FROM: Randy Distad, Parks and Recreation Director RE: Variance Request Marigold Park Shelter Location DATE: April 26,2019 Specific Nature of Request In 2019 the City of Farmington Parks and Recreation Department is making improvements in Marigold Park including installing a new playground and park shelter that were identified in the approved park master plan. The request being made is to allow the shelter to be constructed closer to a trail intersection on city owned property. Exhibit A reflects the requested location for the shelter.The request is to consider the three separate city owned parcels:the park parcel and two storm water pond parcels,as one city owned property when determining the setback requirements for the park shelter. This request is to allow the shelter location to be more centrally located and further away from adjacent property owners but still meet the setback requirement if all of three of the city owned parcels are considered as one city owned property and the setback is based on the furthest property line of the combined three city parcels. Claimed Practical Difficulties The practical difficulty is due to the pond slope and a drainage swale that runs through the shelter location that would comply with the setback requirements. There is considerable slope on the back side of the shelter that would require extensive fill in order to support the concrete shelter slab so it doesn't move.Exhibit B shows where the shelter should be located so it complies with the setback requirement if only the park parcel is considered. This location will require additional grading work at an additional cost to cut and fill the site than if it were to be moved to the alternative location where it is generally flat and will not require the site to be cut and filled.This would also cause the drainage to flow through the shelter unless additional grading work is done on both sides of the shelter to divert the water around the shelter. The second difficulty is that the trail bisects the park in two,which doesn't allow enough space on the north side of the trail to fit both the new playground and park shelter on the park parcel. Because of the limited space on the north side of the trail,the shelter location had to be moved to the south side of the trail,which because of space limitations makes it a challenge to site it only on the park parcel. EXHIBIT B Marigold Park Shelter Setback Requirement Location '7444.°1r4ti q', ''''' 4 41: '..." -. ,t,,,s,„....„4.,:„..,.....t,,„ "..„..„ ., , , ,-- .„ 1 l t,--„,.-..-,*:1' .,.:'-..--;-7-t-,t: ' ,'.,. $n",'„,.:,.--'-'i 1-°.4.`'.;,'s t,11:, 1 --'' :- ';i:,,-,,,Fitit:,7i!..7! '!;'-- 1.,:.:.4:,1":4'L:,-;-,z-',' ,.-r---,1-,,..:,,, ik..,,,,,,,, -,";„4,-!,.,, „ti .,,, ;i::,:,,_;.* t,....,..;tv,,t,. .._.„...; en' .A:,,--,,?,,14011)::: ' - ,-;t,..-„,-,-::.4t..;-..-,:-...,-,',.: ,,,.', �3't,7,'''' � _�- '..'..:-',-...7'.,-mar'" 4; � gt �4f ,p _ - "�'. 77''''',-.' ,gip #�ffr: 'i, q::, s ',, r, m t -0# {fir ,: �, 2 ," rr.. ....,,,,,(0.-=,, ., WV? ,:*-01114 -10 ..-: - ;µ r KK 'Yf -is _: s` '. 'tea ,fir April 26, 2019*.1.1.1"...17',Z W. 4-.- :'-..-rtilfittit.:,.,:::4,., ' ... 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Y , F i City of Farmington l, ' 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 144** PROwww.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Fairhill Estate at North Creek Final Plat DATE: May 14, 2019 INTRODUCTION Mul Homes of Minneapolis, LLC and True Gravity Ventures, LLC have submitted the Fairhill Estate at North Creek final plat(Exhibit A)for the property generally at the southwest intersection of 190th Street W and Trunk Highway 3. This final plat is the initial phase a multi-phase development. DISCUSSION Planning Division Review Applicants: 1. MII Homes of Minneapolis, LLC 5354 Parkdale Drive#100 St. Louis Park, MN 55416 2. True Gravity Ventures, LLC 12800 Whitewater Drive#100 Minnetonka, MN 55343 Attachments: • Final Plat application • Location Map • Preliminary Plat • Final Plat Location of Property: Southwest intersection of 190th Street W and Trunk Highway 3. Area Bounded By: 190th/195th Street W to the northm Trunk Highway 3 to the east, residential development within Empire Township to the south, railroad and floodplain to the west. Existing Zoning: The property is largely zoned R-2(Low/Medium Density Residential)with the north east portion being zoned Medium Density Residential. The property is part of an existing Planned Unit Development that was originally approved in 2008. Proposed Overall Development: The proposed overall development will consist of 244 single-family residential lots on 91.01 acres yielding a density of 2.68 units per acre. Approximately 2.98 acres (shown as Outlots P and Q in the attached final plat)in the east central portion of the development will be dedicated for city parkland. The preliminary plat was reviewed and a recommendation of approval was forwarded to the City Council on April 9, 2019 by the Planning Commission. Subsequently,the City Council approved the preliminary plat on April 15, 2019. Lots Sizes: The minimum lot sizes within the development will range from 4,800 to 9,425. The final plat is in compliance with the approved preliminary plat for lot layout and size. The lots will deviate from the city's standards for minimum lot width and area requirements. Additionally, reduced setbacks (both front and side yard setbacks in certain portions of the development)are being requested as part of this development. These deviations will be addressed as part of a Planned Unit Development Agreement that will have to be approved by the City Council with this final plat. Streets and Access: The final plat follows the road layout that was approved as part of the overall preliminary plat. The main access to the development will come from 190th Street. Colonial Trail will extend from 190th Street W south into the development and will act as the main north south road. Three roads will then extend off of Colonial Trail with this final plat, those being Cloverleaf Way, 192nd Street and a portion of Clearwater Loop. 194th Street(Empire Township road)will act as an emergency access for this development. The emergency access will be required with this initial phase and will consist of a gravel roadway and have barricades near the future connection to 194th Street. The gravel section will then be upgraded to a complete road section with a future phase. Access to this road will not be allowed to the general public. It should be noted that the physical connection to 194th Street will only be made when the city and Empire Township agree that the connection for general traffic is needed or warranted. Parkland, Sidewalks and Trails: The applicants will be dedicating 2.98 acres (outlots P and Q on the final plat)with this initial phase to the city for public park purposes. Sidewalks will generally be on one side of the roads within this development, with the exception of Colonial Trail which will have a sidewalk on both sides. The overall development will have a trail network that bi-sects the center of the development going east and west as well as a north/south route through a gas easement. The trail and sidewalk systems provides for great connectivity through the development. Final Plat: The applicants are seeking final plat approval of the Fairhill Estate at North Creek plat which consists of 97 single-family lots and 17 outlots. The outlots largely consist of future development, parkland (both private and public), stormwater facilities, and open space. The final plat is the first of what is likely a five phase development. ACTION REQUESTED Recommend approval of the Fairhill Estate at North Creek final plat and forward the recommendation to the City Council contingent upon the following: 1. All engineering issues shall be addressed, the construction plans for grading, storm water and utilities finalized and approved by the Engineering Department. 2. A Development Contract between the applicants and the city of Farmington shall be executed and security, fees, and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. 3. The preparation and execution of a Planned Unit Development Agreement. 4. The finalization and acceptance of all HOA documents. ATTACHMENTS: Type Description a Backup Material Final Plat Application o Backup Material Location Map a Backup Material Preliminary Plat o Backup Material Final Plat 3 r` City of Farmington N3430 ysfi Farmington.Minnesota 651.280.6800.Fx 651.280.6E99 PLAT REVIEW APPLICATION FiuAt- PLAT PFb4s' Applicant: M/I Homes of Minneapolis, LLC Telephone:(763) 586-7278 Fax: (__) Address: 5354 Parkdale Drive#100 St. Louis Park MN 55416 Street City State Zip Code Owner: James Michael Seed Trust Telephone:(401) 884-4426 Fax: ( ) Address: 42 Ladd Street,#305 East Greenwich RI 02818 Street City State Zip Code Location of Property: SW Quad of State Highway 3 and Co. Rd. 64 intersection, Farmington MN Address Current Zoning District P.U.D. Current Land Use Agriculture Description of Project: Fairhill Estate at North Creek(Phase 1)- Residential Subdivision SUBMITTAL REOUIREMENTS(please attach) PLAT REVIEW OPTION ❑Names,Addresses and Phone numbers of all Owners Preliminary&Final Plat: 0 Names,Addresses and Phone numbers of Land 0 Together Surveyor/Engineer ❑In Sequence 0 Area Bounded By Description Pre Plat Administrative Fee$ 0 paid ❑Total Gross Area Pre Plat Surety$ 0 paid e _ /7/1 Signature of Property Owner Date --� gnature of Applicant te Request Submitted to Planning staff on Public Hearing Set for: Advertised in Local Newspaper: Planning Commission Action: Approved Denied Comments: Conditions Set: Planning division: Date: 9/06 Dakota County, MN 4 9 . , r g iFq(-\\\ .T-',/,///./1 f1;,:,-, .,././'..."/,./ ) k pr ..,,,,,,;„,,..„, .. ., , ,, . .,„„y,.,-,...=.„. • lip . . „ , ... ,, ,, , . „ , .,, , : i _.�� (S ori ��" 9 r § ., ,. .,...- ,,,,,,,..,,,,,,,i,,,,i;„:41.,:."' ) ', c'. 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VIM rti1------- —_ cc _ Z W �+,�w8 a. �i AAA.• >u I I :e• I QAfl A8 8$M1 •,.mow.\x..;r N I I g l 1jR ......n� `r''h' B I _- -- City of Farmington s' 430 Third Street Farmington, Minnesota ital651.280.6800 - Fax 651.280.6899 tr.A { .., www ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Upcoming Joint Meetings DATE: May 14, 2019 INTRODUCTION The Planning Commission has been requested to attend two upcoming joint meetings. DISCUSSION This first meeting is on Monday, May 20th and will be a joint meeting between the City Council, Park and Recreation Commission and the Planning Commission. This joint meeting is to review the draft Bike and Pedestrian Plan. Consultants will be present to present the draft plan. The meeting is scheduled from 6:00 pm to 6:45 pm. The second meeting is on Thursday, May 23 and will be a joint meeting between the Planning Commission and the Economic Development Authority. At this joint meeting the Commission and EDA will discuss the status of the Trunk Highway 3 Corridor Plan. Consultants will be present to facilitate the discussion. The meeting is scheduled from 630 pm to 8:00 pm. ACTION REQUESTED None. Please attend the joint meetings if your schedule allows.