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HomeMy WebLinkAbout10-13-20 CITY OF Meeting Location: FARMINGTONFarmington City Hall 430 Third Street Farmington, MN 55024 PLANNING COMMISSION REGULAR MEETING AGENDA October 13, 2020 7:00 PM 1. CALL TO ORDER 2. APPROVAL OF MINUTES (a) Approve Planning Commission Minutes 3. PUBLIC HEARINGS (a) ONG Auto, LLC-315 Pine Street Possible CUP Revocation and Application for CUP Amendment 4. DISCUSSION (a) HPC- Middle Creek Cemetery S. ADJOURN CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-280-6800 Farmington MN.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Approve Planning Commission Minutes DATE: October 13, 2020 INTRODUCTION Attached, are the minutes from the September 9, 2020 regular meeting and the September 22, 2020 special meeting. DISCUSSION NA ACTION REQUESTED Approve the minutes from the September 9, 2020 regular meeting and the September 22, 2020 special meeting. ATTACHMENTS: Type Description D Backup Material September 9, 2020 Regular Planning Commission Minutes D Backup Material September 22, 2020 Special Planning Commission Minutes Planning Commission Minutes Regular Meeting September 9,2020 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty, Franceschelli, Lehto, Tesky, Windschitl Members Absent: None Also Present: Tony Wippler, Planning Manager 2. Approval of Minutes a. MOTON by Windschitl, second by Tesky to approve the minutes of July 14,2020. APIF, MOTION CARRIED. 3. Public Hearings—Chair Rotty opened the public hearings a. Special Exception Permit Application—Moving a Single-family Structure into City Limits Bellepar Homes, LLC had requested approval for a special exception/conditional use permit to allow a single-family structure to be moved to 20012 English Avenue. Due to protective covenants recorded against the property, the applicant has submitted a request to withdraw the application. MOTION by Franceschelli, second by Lehto to close the public hearing. APIF, MOTION CARRIED. MOTION by Franceschelli, second by Lehto to accept the applicant's withdrawal. APIF,MOTION CARRIED. b. Preliminary and Final Plat, Site Plan and Variances—Vermillion Topside Apartments—Continued The applicant is Michial Mularoni of Mularoni and Company and the property owner is Anthony Verch of HC Revolutions, Inc. The subject property is 20725 Cascade Drive, located directly east of Roundbank, south of County Road 66. The public hearing was originally opened on July 14, 2020. The Commission had concerns regarding the amount of off-street parking proposed for the apartment complex. The applicant revised the site plan and submitted updated architectural and civil drawings on September 3,2020. To allow time for plan review, staff requested the public hearing be continued to a Special Planning Commission meeting on September 22, 2020. MOTION by Windschitl, second by Franceschelli to continue the public hearing to September 22, 2020. APIF, MOTION CARRIED. 4. Adjourn MOTION by Franceschelli, second by Tesky to adjourn at 7:07 p.m. APIF,MOTION CARRIED. Respectfully submitted, C�wth" MRU,er Cynthia Muller Administrative Assistant Planning Commission Minutes Special Meeting September 22,2020 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty, Franceschelli, Lehto, Tesky, Windschitl Members Absent: None Also Present: Tony Wippler, Planning Manager; Lauren Siebenaler, Communications Specialist 2. Public Hearings—Chair Rotty opened the public hearings a. Preliminary and Final Plat, Site Plan and Variances—Vermillion Topside Apartments The applicant is Michial Mularoni of Mularoni and Company and the property owner is Anthony Verch of HC Revolutions, Inc. The property is located at 20725 Cascade Drive and was platted as an outlot for future development with the Tamarack Ridge 4th Addition in 2005. The property will remain a single parcel of land and would be legally described as Lot 1,Block 1 Vermillion Topside Apartments. The applicant is proposing to construct a 52-unit apartment building. The property is zoned R-5 and this is a permitted use. The building would be position towards the southwest corner of the lot with access from Cascade Drive. An above ground parking lot would be on the east side of the building adjacent to the existing storm water pond. Underground parking will also be utilized. A total of 104 parking stalls are shown, including 40 stalls above ground and 64 stalls underground. The underground parking will be accessed from the north side of the building. In addition, a stairwell to the underground parking will be provided near the northeast corner of the parking lot. A total of 130 off-street parking stalls are required based on the number of apartment units proposed (2.5 stalls per apartment). The applicant is requesting a variance from the requirement. Required setback in the R-5 district are: Front yard: 25 feet Side yard: 10 feet Rear yard: 10 feet The setbacks proposed are: - Front setback(Cascade Drive): 10 feet and will require a variance. - Side setback(from west property line): building will be setback 10 feet from the west side lot line,however an exiting stairway located towards the southwest corner of the building will be setback 6 feet from this lot line. This will require a variance. - Side setback(from east property line): the apartment building far exceeds the minimum setback from this property line. The stairwell structure is proposed to be setback 3 feet 6 inches from the eastern property line. This will require a variance. - Rear setback(adjacent to County Road 66): 58 feet 6 inches. The total building coverage is 30%which is the maximum allowed. The height of the building is 56 feet 6 inches to the top of a parapet on the elevator and club room. The R- 5 zone allows for a maximum height of 45 feet. This will require a variance. Planning Commission Minutes September 22,2020 Page 2 The variances requested are: 1. From the off-street parking standards. A total of 130 off-street parking stalls would be required. The applicant is proposing 104 stalls; a reduction of 26 spaces. 2. Front yard setback. The building is proposed to be setback 10 feet from the front property line adjacent to Cascade Drive. The minimum front yard setback is 25 feet. 3. Side yard setback(from western property line). An exiting stairway is proposed to have a setback of 6 feet from the western side lot line. The minimum is 10 feet. 4. Side yard setback(from eastern property line). The stairwell structure for the underground parking is proposed to be setback 3 feet 6 inches from the eastern side lot line. The minimum is 10 feet. 5. From the maximum height requirement in the R-5 zone. The maximum height allowed is 45 feet. The building would have a height of 56 feet 6 inches. The nine criteria to approve the variances have been met. Mr. Mularoni stated they took comments from the previous meeting and were able to get to 2 parking stalls per unit by moving the ramp to the east side to meet the grade elevation and the slope requirements. They set the building back off the river and oriented the building to look east and west. They could move the building off Cascade Drive further, but it would make the ramp steeper. He felt the variance for the parking is reasonable. The building would meet the code with the rooftop area. Because of distance, they needed an additional stairwell from the ramp. The variance for the stairway on the west side is because of grades. Residents had a few comments and questions. The commission has reviewed the lot. It is zoned high density. There is already a rental complex with parking on the street in that area. Staff noted there are townhomes to the south and east. Commissioner Franceschelli had no issue with the east and west side setbacks and was comfortable with the parking spaces. Commissioner Tesky noted the plan is better than last time. They are covering every square inch to meet the maximum size allowed. She agreed with the side yard variances. The parking is better. She understood the rooftop is an amenity for the residents. It looks better overall. Commissioner Windschitl asked if we are losing parking spaces by the outdoor walkway to the east. Mr. Mularoni stated no,that is not a parking area. Commissioner Windschitl asked if there was an option to move the north entrance to the underground parking to the south. Mr. Mularoni stated they have a longer playing field this way and it allowed them to go from 88 parking stalls to 104. Commissioner Lehto stated it looks good. They packed everything into the site and she appreciated their hard work. It looks much better. Mr. Mularoni appreciated the commission pushing for a better project. Chair Rotty stated this is a better project. It meets the zoning for R-5. The maximum lot coverage is at 30%. We asked for more parking. The variances were the biggest issue. Planning Commission Minutes September 22,2020 Page 3 Parking is up to 2 stalls per unit, so residents will not have to park on the street. He is willing to live with the setback off Cascade to make the ramp less steep. He supports the project. Residents asked if the parking spaces are reserved per unit. Mr. Mularoni stated all above ground parking is for visitors and residents. The underground will have designated parking. A resident asked if environmental studies have been done. Mr. Mularoni stated a wetland delineation would have been done before this project. They did soil borings and they came back as expected. Commissioner Tesky asked if there was a trash enclosure. Mr. Mularoni stated yes,there is a trash/recycling room within the building. They will have two extra dumpsters. MOTION by Franceschelli, second by Tesky to close the public hearing. APIF, MOTION CARRIED. Mr. Mularoni and Mr. Verch accepted all the contingencies. MOTION by Windschitl, second by Franceschelli to recommend approval of the Vermillion Topside Apartments preliminary and final plat contingent upon the following and forward that recommendation to the City Council: 1. The satisfaction of all engineering comments related to the construction plans for grading and utilities. 2. A Development Contract between the applicant 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 vacation of the existing drainage and utility easements on the site that were dedicated as part of the Tamarack Ridge 4th Addition. APIF, MOTION CARRIED. MOTION by Tesky, second by Lehto to approve the site plan and variances for the Vermillion Topside Apartments contingent upon the following: 1. Submission to and approval by the Building Inspections Department and Fire Department of all permits related to building plans and fire suppression systems. 2. Submission and approval of a sign permit for any exterior signage that may be placed on site. APIF,MOTION CARRIED. 3. Adjourn MOTION by Windschitl, second by Franceschelli to adjourn at 7:47 p.m. APIF MOTION CARRIED. Respectfully submitted, a&utKa MULLer Cynthia Muller Administrative Assistant CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 II�IIYI�1 ® FarmingtonMN.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: 0 N Auto, LLC-315 Pine Street Possible CUP Revocation and Application for CUP Amendment DATE: October 13, 2020 INTRODUCTION At the June 11, 2019 Planning Commission meeting staff was directed to set a public hearing for the possible revocation of a conditional use permit for the property located at 315 Pine Street. The public hearing was set for J my 9, 2019 with notice both published in the local paper and mailed notice provided to property owners within 350 feet of the subject property. The Planning Commission opened the public hearing on July 9, 2019 and accepted a motion to continue the public hearing to the October 8, 2019 regular meeting in an attempt to provide Mr.Vdovchenko with the additional time to come into compliance. At the October 8, 2019 Planning Commission meeting the Commission granted Mr.Vdovchenko a second extension to May 31, 2020. The Planning Commission once again reviewed the status of the original conditional use permit on July 14, 2020 and at the request of the applicant was granted a third extension to the October 13, 2020 Planning Commission meeting in order to develop a plan for compliance. DISCUSSION Review On June 13, 2017,the Planning Commission approved a conditional use permit[CUP] for the property located at 315 Pine Street to allow Auto Repair, Major use on the subject property. The applicant was Oleg Vdovchenko of ONG Auto, LLC. The conditions that were given as part of the Planning Commission approval were: 1. The applicant obtains all necessary building permits from the city's Building Official. 2. A sign permit is applied for for any external signage. 3. The proposed parking area must be surfaced with concrete or bituminous and shall be setback at least ten feet from all property lines. As the Commission is aware,the city has been receiving numerous complaints regarding the overall condition that the property is being kept, including vehicles being parked and stored off of the hard surface,vehicles being kept in the city boulevard (area between the curb of the roadway and the front property line), and Pine Street being used as a staging area for loading and off-loading of vehicles for the business. Additionally,the required fencing that was shown and approved as part of the site plan for the CU P has yet to be fully installed as of October 9, 2020. Privacy fencing has been installed on the east side of the property. Mr. Vdovchenko did mention that the remainder of the fencing for the 315 Pine Street parcel had arrived on October 9th and that it would be installed within the coming days. New CUP Amendment Application Mr. Vdovchenko has applied for an amendment to his CUP to allow for the additional parking and storage of vehicles on a vacant piece of property currently owned by Colin Garvey(please see attached location map and survey). The vacant parcel is located between Third Street and Fourth Street directly south of 315 Pine Street and is adjacent to I mpact Auto. This parcel is proposed to be used as a parking lot for vehicles belonging to O NG Auto, LLC. The proposed parking lot would also act as an unloading area for vehicles arriving at the location. The applicant is proposing to fence the property. Fencing material that is proposed would be chain link on the north, east and west sides and a wood privacy fence on the south side. The applicant is proposing two gates, one off of 3rd Street and one off of 4th Street both with concrete aprons. The applicant is proposing to add class 5 gravel to the parcel as a parking surface. Farmington Downtown Redevelopment Plan As the Planning Commission is aware,the 315 Pine Street parcel as well as the vacant land proposed for a parking lot is within the boundaries of the approved Downtown Redevelopment Plan that the City Council adopted on April 18,2016. A summary of the Plan and its guiding principals are below: The Farmington Downtown Redevelopment Plan is intended to provide a shared vision for downtown that guides reinvestment efforts by both the private and public sectors, including key redevelopment opportunities. The vision for downtown has the following guiding principals as its foundation: Preserve and enhance downtown's unique historic character to attract people to gather, visit,shop, work, and live downtown. Reinvigorate downtown as the community's commercial, cultural, and recreational center. Retain and strengthen civic destinations and events already located in downtown. Enhance downtown's walking and biking environment, including connections to the Vermillion River, regional trails, parks, and natural areas. Improve downtown's identify and visibility as a desirable and convenient destination for residents as well as visitors from surrounding communities. Focus on redevelopment opportunities in the downtown core first. One of the components of the Downtown Redevelopment Plan is the reguiding(comprehensive plan) and rezoning of certain properties within plan's boundary. This includes the parcels currently owned by ONG Auto, LLC and Colin Garvey. These parcels were reguided as part of the 2040 Comprehensive Plan update from commercial to High Density Residential. Both of these parcels are planned for rezoning as part of the city's code update for consistency with the approved 2040 Comprehensive Plan and the Downtown Redevelopment Plan. Based on the outcomes of the Downtown Redevelopment Plan, staff will not recommend approval of the CUP amendment to allow a gravel parking lot on the vacant parcel as this expansion of use in this area would be in conflict with the Downtown Redevelopment Plan. Attached,to be included in the public record, is an email received from the owner of 303 Pine Street objecting to the proposed CU P amendment as well as some questions that were submitted by the owner of the property at 108 4th Street. ACTION REQUESTED Two actions are before you for consideration and will require separate motions,these actions are: 1. Staff recommendation is to deny the requested CUP amendment to allow a gravel parking lot on the vacant parcel of land located between 3rd and 4th Street, south of Pine Street as it would be in conflict with the Downtown Redevelopment Plan and direct staff to work with the City Attorney on drafting Findings of Fact. 2. Choose one of the following options: • Make a motion to revoke the conditional use permit for 315 Pine Street for not complying with the terms of the originally approved conditional use permit and direct staff to work with the City Attorney on drafting Findings of Fact, or • Provide a fourth and final extension for a time limit acceptable to the Planning Commission to allow the property to come into compliance with the terms of the original CUP. ATTACHMENTS: Type Description D Backup Material Applicant CUP outline D Backup Material Aerial of property D Backup Material Lot survey D Backup Material Resident submissions for public record CONDITIONAL USE PERTIM APPLICATION OUTLINE MEETING AUGSUT 8,2020 INTRODUCTION: ONG Auto is adding additional parking and vehicle storage to their facilities. Parking has been an issue on Pine Street. As a business succeeds there are growing pains. Customers, employees and residents have been parking on Pine Street. Parking spots are a limited. ONG Auto is planning to expand their foot print in the area by purchasing the lot across the street between 3`d and e Street. The lot will be a parking lot enclosed by a fence. PROPERTY ADDRESS: 3I S PINE ST FARMINGTON MN AND LOT XXX 3RD ST. Applicant: Oleg Vdovchenko The property at 315 Pine St. (existing building now in use)and XXX 3`d St Farmington MN(vacant abandoned railroad lot) and vacant lot,description attached,will be combined together in one conditional use permit. The existing building will be used as office space,repair garage space and holding area of unfinished autos. Customer and employee parking will also be confined to this area. The property XXX 31,which lies between 3'd and 0 St (it is an abandoned rail road line),the use will be a parking lot for vehicles belonging to ONG Auto, LLC which is owned by Oleg Vdovchenko. New arriving vehicles will also be unloaded onto the lot. IMPROVEMENTS: A fence will enclose the property. There will be two gates, one at 3`d St and one at 01 St. There will also be a concrete cut out at each gate. Class 5 gravel will be added where needed.The existing gravel was added by the present to the property owner over the past 20 years. PLANNED FENCE MATERALS: Chain link fence on North side,East side and West side,this is to allow police patrols to look through the fence. Wood fence on South side of the property,this is for privacy. Personal oral surveys have been made with surrounding land owners on the type of fence. Some minor modification will be made based on additional feed back. CONCLUSION: The conditional use permit will allow ONG Auto LLC to function more efficiently. All vehicles will be on site. Loading and unloading of vehicle will take place in the parking lot rather than on the street and on street parking will be available to resident. The street will be clear of ONG related parking. This will allow snow plows and emergency vehicles easier access to Pine Street. PLEASE FEEL FREE TO CALL:JOHN CLAY ASSOCIATED REALTORS BROKER 612-369-6523 Vacant Parcel Location Map '� K' ► - A`' ��"�°•' u� "1 it IJ� At=e r d P i IN July 10, 2020 1:1,200 0 55 110 220 ft 0 15 30 60 m Property Information 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. �) .. �J�i$�.•� g4�°may D 2 Q Q(�/)s, qty W iii = a "• -o 3 L{nti'$ g� O45 LJ 6 y p 1.33&S - H1�nw s� oQ s • oz ; 5� gngt, 16 ` W LLI - r. aco lfl • '� c`O—fid•�. _•, N r 1 i z K18- :c e 'b �O {� i A I Z ; 44. �t N 00'08'$94'`"\W� _� --•.......... - Tony Wippler From: Althea Larson Sent: Thursday,October 8, 2020 12:37 PM To: Tony Wippler Subject: Application for Amendment-Auto Sales Parking Lot Attachments: 2020-07 Notice of Public Hearing.pdf Hi Tony, I apologize if you are receiving this a second time but I sent an email about a month ago and haven't heard back so I want to make sure you received it(it's possible I sent to the wrong email address). I would like to express my opposition to the attached proposal regarding the converting of a vacant lot near my Pine St property into an auto sales parking lot. There is another lot on 3rd and Elm that is vacant that is a better fit for a project of this nature. Sorry for the delay if this is the first time you are receiving this--I know the notice was sent out in the Summer. Please let me know of any developments that have occurred since then. Thank you, -Althea Larson ANA Properties LLC 303 Pine St Farmington,MN 55024 1 Questions 1. Will this property be enclosed on 3 sides, including 011 street 2. What kind of fence and height==on property line or how far off property line 3. Fence =how close to 4th street sidewalk 4. Where will the driveway be 5. Will the fence line go from 3r"st to 41h st 6. Will this affect my property value 7. What will this parking lot be used for-storage or? What type of vehicles 8. Will there be any noise, hours, activity restrictions �m WO /d -t�6 JO, CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON 651-28o-6800 ®® O Farmington MN.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: HPC- Middle Creek Cemetery DATE: October 13, 2020 INTRODUCTION City staff has been approached by Mr. Aaron Johnson regarding the possibility of doing some restoration work within the historic Middle Creek Cemetery. The cemetery is located west of Akin Road directly south of Akin Circle and Eaves Court(see attached location map). The City Council designated the cemetery as a local heritage landmark in 2003. The heritage landmark report that was prepared in 2002 by the City's then historic preservation consultant Robert Vogel is also attached for your reference. DISCUSSION Mr.Johnson is a MA History graduate from St. Cloud State University as well as a Farmington resident. As a starting point, Mr. Johnson is asking to complete the following tasks prior to developing a plan for future restoration of the site: 1. Assessing the site. This would include volunteers digitally photographing and/or video recording the site conditions and features to note existing grave markers, walking paths, plant and tree growth,fallen trees and limbs, suspected plots (shallow depressions in the ground), any surviving indication of boundaries, and any indication of pests and vandalism. Mr.Johnson would also like to have the site surveyed. Mr.Johnson has a family member who is an experienced surveyor who likely could perform the survey work. City staff is comfortable with having the survey work done on site provided the survey is done by a licensed surveyor in the State of Minnesota. 2. Create a map of the cemetery based on assessment features. This would entail crating a hand- drawn map of the cemetery that would include the property boundaries, all markers (standing and broken),walking paths, plant growth, any sloping and slope direction,ground depressions, debris, pest presence, and suspected vandalism. This map would help to provide a project scope for possible future site restoration. 3. Research the cemetery's history. Mr.Johnson has been invited to attend this meeting to discuss his intentions with the Commission. It should be noted that if this work is authorized by the Commission, any and all work performed on this site must be authorized by city staff and dates and times that this work will be performed on site must be provided to city staff in advance. All information gathered from the above mentioned work must be provided to the city. ACTION REQUESTED Acting as the Heritage Preservation Commission, consider the request by Mr. Aaron Johnson to complete the work outlined in numbers 1-3 within this memorandum and if deemed appropriate make a motion to allow this work to be completed under the supervision of city staff. ATTACHMENTS: Type Description D Backup Material Location Map D Backup Material Heritage Landmark Report � � - �.r...a.a��;�, � era �L'��` �w.�t•. ;�f'g �� � ;� Ar _ f n n z � 1 w Ay ;.. rY IL Locatlr IMP ,. � ,►kms- ,�� _ � •!. 1 ^. Y 1 1 •11 1 • 1 .1 1 DOCUMENTATION SUPPORTING HERITAGE LANDMARK DESIGNATION OF THE MIDDLE CREEK HISTORIC CEMETERY COMMONLY KNOWN AS THE PRESBYTERIAN CEMETERY Heritage Landmark Planning Report Prepared by Robert C. Vogel Preservation Planning Consultant September 26,2002 INTRODUCTION This report documents the historical and architectural significance of the Middle Creek Historic Cemetery, commonly known as the Presbyterian Cemetery and makes the case for the property's eligibility for designatiod as a Farmington Heritage Landmark pursuant to §2-11-4 of the Farmington City Code. Farmington Heritage Landmarks are the buildings, sites, and districts so designated by the City Council in recognition of their historical, architectural, archeological, and cultural significance. Properties are nominated by Heritage Landmark designation by the Heritage Preservation Commission(HPC) following a public hearing. Under state law, the Minnesota Historical Society must also review each nomination. Once a property has been designated a Farmington Heritage Landmark, this report becomes part of the official designation and is used to guide planning for the preservation,protection,and jise of the historic property. The Heritage Landmark Planning Report is based on the National Register of Historic Places Registration Form. For more information about registration standards and guidelines for preparing the report, please refer to the National Park Service publication, How to Complete the National Register Registration Form; and the Historic Preservation chapter of the City of Farmington Comprehensive Plan. ADMINISTRATIVE DATA Name of Property: The official name of the property nominated for landmark designation is the Middle Creek Historic Cemetery. The site is also commonly known as the Presbyterian Cemetery. Location: Southeast quarter of Section 25, Township 114 North Range 20 West, immediately north of the Middle Creek Estates subdivision. Owner: On December 17, 2001, the Farmington City Council accepted the cemetery from the First United Presbyterian Church, the owner of record (Resolution R114-01). 1 HPC Determination of Eligibility: The Farmington Heritage Preservation Commission evaluated the cemetery and found that it meets the criteria for heritage landmark eligibility. A finding of significance was issued by the HPC on December 6, 2001. State Historic Preservation Office Review: In accordance with Minnesota Statutes §471.193, the Minnesota Historical Society will be sent a copy of this report for review and comment before the nomination is heard by the Farmington City Council. Classification: For preservation planning purposes, the property is considered a historic site. Historic and Current Function/Use: Historically,the site was used as a cemetery. It currently functions as open space. DESCRIPTION Site Classification:Abandoned rural cemetery. Boundaries: The boundaries of the heritage landmark are those of the parcel historically associated with the cemetery. Narrative Description: The historic cemetery is situated on the summit of low, wooded hill (elev. 956 ft. above sea level)near the intersection of Akin Road and Eve's Way,immediately north of the Middle Creek Estates SMbdivision. The burial ground encompasses a rectangular shaped parcel measuring approximately 264 by 165 ft. and oriented east-west. Historically,the site was unplatted but removed from routine farming activities. It was in use until the early twentieth century, when it was abandoned and fell into neglect. It does not appear to have been enclosed with any kind of fence. The traditional nineteenth century graveyard ornamental trees, such as pines or cedars, are absent and there is no evidence of any hedgerows, shrubbery,or grave plantings.Near the center of the historic site there is a small open area with a cluster of stone grave makers and scattered fragments of broken gravestones. The largest of these is a marble tablet inscribed in low relief with the names of Charles Seward, S. Anderson, and Caroline Seward. The other stones and stone fragments lack readable inscriptions. The is evidence of an old trail or lane leading to the cemetery from Akin Road, but at present public access to the site is over a pedestrian trail from the city's Pine Knoll lift station. Information about the persons interred at the cemetery is sketchy. According to the 1881 narrative history of Dakota County,the first burial,that of Ada Bacon, occurred in 1859, and in June, 1868, the plot of land was donated by Samuel Osborne to the Trustees of the Farmington Presbyterian Church for use as a cemetery. Charles Seward's obituary in the March 8, 1901, issue of the Dakota County Tribune, notes that he was 2 buried in the "old cemetery in Judson's Grove." The obituary written for his wife, Jane Osborne Seward, printed in the Tribune on November 13, 1903, states that she was "interred in the Presbyterian cemetery" alongside her husband and two of their children. The cemetery is located on the map of Farmington published in 1896 but it does not appear on any modern topographical or street map. Local genealogists have documented at least twenty-four burials, including several members of the Seward and Witherell families, and suggest that the cemetery was no longer used after about 1906. The site is visible as a clearing surrounded by farmland on an aerial photograph flown in 1937 and the cemetery is noted on the Farmington Quadrangle USGS topographic map published in 1974. A grave robber is purported to have disturbed at least one grave in 1980. Except for occasional notice in local newspapers and a brief article in the county historical society's newsletter, the cemetery was largely forgotten until 2001, when Arcon Development and D. R. Horton proposed to build a residential subdivision called Middle Creek Estates on a 40.74 acre parcel west of Akin Road. The abandoned cemetery appeared on the site plan as an unregistered parcel of vacant land adjacent to the north boundary of the subdivision. The Heritage Preservation Commission reviewed the Middle Creek Estates preliminary plat application and on October 18, 2001, recommended that the developer survey the cemetery, stake the boundaries,and fence the site as a condition of plat approval. When the Council approved the preliminary plat on December 17,2001, a contingency of approval stated that the developer had to"re-survey the cemetery site to ensure no additional markers lie outside the property and to identify the property corners." EVALUATION Applicable Heritage Landmark Criteria: The Middle Creek Cemetery is eligible for Heritage Landmark desigiption because of its documented association with specific patterns of events which have made a significant contribution to Farmington history(City Code§2-11-4A). Local Historic Context. The property was evaluated within the local historic context,"Churches and Cemeteries,"as delineated in the 1995 historic context study. Area of Significance: Social history. Period of Significance: 1859 to ca. 1906. Narrative Statement of Significance: The Middle Creek Cemetery is a vernacular landscape site that was used as a burial ground by residents of Farmington between 1859 and ca. 1906. Evaluated within the local historic context "Churches and Cemeteries," it is historically significant for its association with the First Presbyterian Church (est. 1865) and the broad pattern of nineteenth century cultural values and funerary practices in rural Farmington. The site is i distinguishable from its surroundings by the presence of gravestones and shallow depressions in the surface of the ground which are interpreted as graves. Its historic 3 -, o r function as a cemetery has also influenced the character and composition of surrounding development, both agricultural (1850s through 1960s) and suburban (1970s to the present). The Middle Creek Cemetery is a representative example of the small burial grounds which are scattered across Minnesota's rural landscape. As a cultural relic, the site represents a distinctive folk tradition and helps to tell the stories of the area's earliest settlers and their rural way of life. The rural setting is evocative of the early period of settlement and the surviving gravemarker is typical of the period. Interwoven with the site's landscape history are the lives of the individuals who are buried there. Heritage landmark designation is only a step in the preservation of the historic site, which should be reclaimed for public use as conservancy open space. The Heritage Preservation Commission has recommended that the burial ground be marked with four freestanding masonry columns or obelisks, set approximately 100 ft. apart. The comers should also be staked. Signs and markers would be helpful in informing visitors of the site's historical significance and natural heritage. It should not be necessary to reset fallen gravestones or replace lost monuments with new markers,though it is recommended that the city remove all fallen tree branches, buckthorn, and other undesirable plant material. Routine pruning of trees and shrubs, weeding, and mowing are the keys to historic site maintenance and the natural beauty of the site could be enhanced through appropriate landscaping. Well maintained site and appropriate interpretation will demonstrate the city's commitment to preserving a respectable environment for public use. The Secretary of the Interior's Standards for the Treatment of Historic Properties are the required basis for historic site preservation and rehabilitation work, and the National Park Service has also issued guidelines for the treatment of cultural landscapes which are applicable to historic cemeteries. BIBLIOGRAPHY "The Abandoned Cemetery of Farmington Village." Over the Years vol. 32 (Winter 1992). Agricultural Adjustment Administration. Dakota County, Minnesota, aerial survey photographs, 1937. Borchert Map Library,University of Minnesota. Birnbaum, Charles A., and Christine Capella Peters. The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for the Treatment of Cultural Landscapes. Washington: U.S. Department of the Interior, National Park Service, 1996. History of Dakota County and the City of Hastings, Including the Explorers and Pioneers of Minnesota, by Rev. Edward D. Neill, and Outlines of the History of Minnesota, by J Fletcher Williams. Minneapolis:North Star Pub. Co., 1881. 4 Pinkney, B. F. Plat Book of Dakota County, Minnesota. Philadelphia: Union Publishing Co., 1896. Potter,Elizabeth Walton and Beth M.Boland. Guidelines for Evaluating and Registering Cemeteries and Burial Places. National Register Bulletin 41. Washington: U.S. Department of the Interior,National Park Service, 1992. Sloan, David Charles. The Last Great Necessity. Cemeteries in American History. Baltimore: Johns Hopkins University Press, 1991. Vogel, Robert C. Farmington Historic Context Document. Final Report of the Historic Context Study, 1994-1995. Unpublished report prepared for the Farmington Heritage Preservation Commission,July, 1995. ADDITIONAL DOCUMENTATION 1. USGS Farmington Quadrangle topographic map. 2. Middle Creek Estates site plan. 3. Photographs of historic site. K M 5 1. USGS Farmington Quadrangle topographic map Vol A.Its �1 � — •• v� I tS � �P x - _ 801 Too • a n�M__ i\ ew eaa ip 30 rJ eIp` wo (M� � Corin(bisn' b. YIN c i i ,�;.. ,mss:` L 1��/ } i •. ..... •r I isubsW, 16 915 / .,r -Ilk .. 5 13 CORPORA ILI) It♦{ll w •N /Q H �1 f7s �•• l l/ 'D/s 1 Pk .. I 6 2. Middle Creek Estates site plan MIDDLE CREEK ESTATES SHEET MQEX PRELIMINARY PLANS 1.COVER S14EET-SITE PLAN 2PRELIMINARY PLAT FARMINGTON, MINNESOTA I EMSTING CONDITIONS 4.PRELIMINARYGRADNG PLAN /go -1 PREL.Y VTIUTY PLAN PRELPAWARY LANDSCAPE PLAN 7.DETAILS Kim�-m 0% L—T 3. 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