HomeMy WebLinkAbout2/26/08 Special Meeting
City of Farmington
325 Oak Street
Farmington, MN 55024
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AGENDA
SPECIAL PLANNING COMMISSION MEETING
February 26, 2008
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. PUBLIC HEARINGS
a)
a)
b)
. c)
Fairhill Comprehensive Plan Amendment, PUD, and Preliminary Plat - Con't
Applicant: Newland Communities
Variance to expand a legal nonconforming use - 808 2nd Street
Applicant: Michael Bischel
Conditional Use Permit to allow a manufacturing use - 109 Spruce Street
Applicant: Press Line Industries
Text Amendment to Sections 10-2-1 and 10-5-15(C) Subd. 1 of the Zoning Code to include a
Definition for Impound Lot as well as to include Impound Lots as a permitted use in the B-3
(Heavy Business) Zoning District.
Applicant: City of Farmington
d) Conditional Use Permit to allow a Class III Restaurant, with liquor service in the Tamarack Ridge
Retail Center located at 20700 Chippendale Avenue.
Applicant: T& T Food Concepts, LLC
e) Conditional Use Permit to allow a massage therapy business as a home occupation - 1212 Oak
Street
Applicant: Denson Malone
f) Text Amendment to Section 10-2-1 Definitions, Section 11-4-4 (A) Width and Location and Section
11-4-4 (0) Drainage and Utility Easement.
Applicant: City of Farmington
3. DISCUSSION
None
4. ADJOURN
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City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.farmington.mn.us
SUBJECT:
Planning Commission
Tony Wippler, Assistant City Planner rt
Continued Business
a) Comprehensive Plan Amendment
b) Fairhill Planned Unit Development [PUD]
c) Fairhill Preliminary Plat, Phase I/Site Plan
TO:
FROM:
DATE:
February 26,2008
INTRODUCTION
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The Planning Commission reviewed the items listed above on February 12, 2008 and continued
the public hearing to a Special meeting scheduled for February 26, 2008. The Commission
expressed a concern regarding the overall density of the development and specifically, the
number of forty-six (46') foot wide lots being proposed on the concept site plan. The
Commission requested that Planning staff get a legal opinion from the City's attorney regarding
Newland's concept site plan and PUD. The site plan will be an addendum to the PUD
Agreement, which is attached to the end of this memo and will be discussed later. The concern
of the Planning Commission was by approving the concept site plan does that "lock" that
concept plan in place. And by "locking" it in place does that not allow for future flexibility
concerning such things as lot sizes and/or density,
According to the City Attorney, the PUD agreement operates as a contract committing the City
to approve subsequent phases that conform to the master PUD plans.
The Planned Unit Development approval and Agreement, rather than the zoning code provisions
regarding lot sizes, density, etc. that are in effect at the time a subsequent development phase is
submitted, will serve as the basis for the City's review and approval process, state law provides
that no changes to official controls may be made for a period of two years from the date of
approval. In PUD's the developer usually seeks to increase that period, In the case of this
project, the developer is seeking protection from unilateral or city imposed changes for a period
of twenty years.
DISCUSSION
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Newland Communities (the Developer) has submitted three applications for review of the
Fairhill development by the Planning Commission. The applications include the review of a
Comprehensive Plan Amendment, a Schematic PUD, and the review of the Fairhill Preliminary
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Plat - Phase I and Site Plan. The property consists of 965 acres and the developer proposes
between 2,201 and 3,896 total housing units at build-out ofthe entire project.
The Developer has submitted a number of items for review by the Planning Commission. The
following items will be addressed throughout the memorandum:
1. Proposed Comprehensive Plan Amendment Map
2. Schematic Planned Unit Development
a, Fairhill Booklet dated February 4,2008 is an addendum to the PUD Agreement
3, Fairhill Preliminary Plat, Phase I and Concept site plan
Comprehensive Plan Amendment
Attached as Exhibit A, is the original land use configuration (Comprehensive Plan) within the
Seed/Genstar property which was approved in 2000 as an update to the Farmington 2020
Comprehensive Plan. The original Comprehensive Plan was then amended on June 19,2006 by
the City Council. The 2006 Comprehensive Plan amendment is attached as Exhibit B.
Newland Communities is seeking a new comprehensive plan amendment that allows for an
adjustment in the proposed housing mix to respond to the changing market conditions, The
major change that has occurred in this latest amendment is in regard to the amount of Low
Density Residential acreage. The proposed amendment also shows a significant decrease in the
amount of acreage being designated as Low-Medium Density Residential. Approximately 513.2
acres of the entire site is to be designated as Low Density Residential. The breakdown of
acreage for each proposed land use is as follows:
· Mixed Use Commercial/Residential
· Low Density Residential
· Low/Medium Density Residential:
· Medium Density Residential:
· Park/Open Space:
· Public/Semi-Public:
· Open Space/ROW /Floodplain
29 Acres
513.2 Acres
45 Acres
120 Acres
42.3 Acres
5 Acres
21 0.5 Acres
The following table indicates the Comprehensive Plan land uses that were approved in 2006 and
the proposed revisions in this submittal/amendment:
Land Use Category
2006 Amendment Acres
Proposed Amendment Acres
Low Density Residential
Low-Medium Density Residential
Medium Density Residential
Mixed Use (Commercial/Residential)
Park and Open Space
Open Space/ROW /Floodplain
Environmentally Sensitive
Public/Semi-Public
182-192
315-365
156-166
18
72
Not yet determined
137-147
5
513.2
45
120
29
42.3
210.5
NA
5
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It should be noted that the Planning Commission in the past has voiced concerns regarding the
abrupt transition from low density residential to low-medium residential from the Meadow Creek
subdivision in the Newland property on 189th Street. The proposed Comprehensive Plan
amendment shows low-medium density residential in this location. The Planning Commission
will have to determine whether this is acceptable or not for the Comprehensive Plan amendment.
Fairhill Schematic Planned Unit Development
Draft Planned Unit Development Agreement
Attached for your review and comment is a draft of the PUD Agreement. Staff wants to note
that final consensus on a number of the terms of the agreement have not been finalized and/or
agreed upon with the Developer, However, staff wanted to get the document to the Commission
as soon as possible for preliminary review. The final draft ofthis agreement along with the Final
PUD will be approved with the Final Plat for Phase I.
The most relevant contents of the agreement that would likely be of a concern and/or interest to
the Planning Commission are as follows:
· The proposed life of the PUD agreement is 20 years (Section 1.11). This would
constitute a 20 year commitment by the Developer to build the development.
· Section 2.3 indicates that the PUD Plans for each phase may reflect different densities,
provided overall density for the subject property continues to be consistent with approved
Comprehensive Plan Amendment and PUD Ordinance,
· Section 6.2 as proposed the City would not be able to modify ordinances regarding
among other things, development density, lot size, lot layout, and coverage for a period of
twenty years without the consent of the Developer.
Due to the size and scope of this project staff feels that a twenty year timeframe is not
unreasonable. The general rule is that for standard plats the City can't change ordinances
for a two year period following a final plat approval. However, through a PUD, this can
be modified to fit a certain project. For instance, the East Farmington PUD was for a 15
year term.
· The City, not Developer, will construct and pay for the extension ofDeerbrooke Path and
the public trails from Mystic Meadows to the intersection with 1951h Street as part of the
construction of 195th Street (Section 7.1 (b)).
· Diamond Path ROW will be preserved and a portion dedicated as an outlot with the
initial phase. However, the developer will not contribute to the cost of construction either
directly or through special assessment unless a specific phase proposes the access to be
constructed or the improvement can be assessed based on benefit provided under M.S.
~429.081.
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Fairhill Booklet
Sheets PUD-OO through PUD-17 of the attached packet as well as the enclosed booklet will be
addendums to the PUD Agreement mentioned above for this development and offer the needed
information to approve the schematic PUD.
The Fairhill project aims to supply housing for those individuals, couples, and families seeking
entry-level, move-up, upper bracket and maintenance free housing options, In addition, Fairhill
will offer parks, playfields, protected open spaces, expanded roadway systems and walkable
trails through the development. On page 4.0 of the attached booklet, the developer discusses its
planning philosophy including it pays its own way, provides homes and quality of life
opportunities, preserves habitats and natural resources, and forms partnerships to bridge
Farmington's past with its future. Additionally, the developer discusses community cornerstones
on page 4,1, which becomes the cornerstone for the Final PUD,
The development encompasses 965 acres, of which approximately 732 net acres are reserved for
residential development, and approximately 25.43 acres is reserved for commercial development.
The commercial development will be located at the northwest intersection of TH 3 and 195th
Street (Outlot CC of Preliminary Plat). It should also be noted that the information center for the
development is proposed to be located on Lot 1, Block 14 of the Preliminary Plat. The total
acreages of the PUD are detailed on Sheet PUD-12. Overall, the developer is proposing a net
density of 3.02 - 5.33 dulac, which averages a net of 4.1 dulac, meeting the requirements of the
Metropolitan Council.
The PUD concept site plan shown on Sheets PUD-12 and PUD-13 meet the Comprehensive Plan
(shown on Sheet PUD-05) proposed with this submission, Sheets PUD-08 and PUD-09 identify
the access and circulation plan for the Schematic PUD. Highway 3 and 195th Street will be
major transportation corridors throughout the project. A north/south "spine" road will connect
the local roads throughout the development.
The Open Space & Amenities Plan shown on Sheet PUD-07 identifies the developer's proposal
for parks, and open space within the development. A revised version of Sheet PUD-07 had been'
submitted by Newland Communities to address some previous concerns expressed by the Park
and Recreation Advisory Commission [PRAC]. Randy Distad, Farmington's Parks &
Recreation Director, and PRAC have reviewed and approved the revised Open Space and
Amenities Plan, Mr. Distad has submitted a review Letter (attached as Exhibit C) recommending
that the Planning Commission approve the acreage and locations of the parks, sidewalks, and
trail locations as shown on Mr. Distad's Exhibit A.
The lot width and number of homes for each residential product are shown on Sheet PS-03. The
setbacks being proposed for this development are as follows:
Front: 12'
Side: 6' (interiorlot); 12' (cornerlot)
Rear: 10'
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The proposed lot coverages for this development are as follows:
45' wide lots
55' wide lots
65' wide lots
75' wide lots
50%
45%
40%
35%
In addition, the maximum building height proposed for this development is 45'.
City staff has reviewed the PUD Schematic concept plan and has determined that the proposal
meets the requirements for approval of the Schematic PUD and is consistent with the proposed
Comprehensive Plan.
Fairhill Preliminary Plat. Phase I/Site Plan
The overall Preliminary Plat being proposed by the developer is shown on Sheet PP-Ol of the
attached packet.
The Phase I Plan consists of the existing conditions, plat, grading, streets, utilities and
landscaping plan. Phase I consists of approximately 99 gross acres and the platting of 241 lots
with numerous outlots. The remaining 865 acres of the site will be platted as outlots for future
phases.
The 241 residential units in the first phase will include a mix of single-family housing choices,
including:
Lot Width
Number of Units
75'
65'
55'
45'
16
49
93
83
The developer is projecting a gross density of 2.44 dwelling units per acre and a net density for
the first phase of 2.64 dwelling units per acre. Phase I consists of the construction of 195th
Street, a portion ofthe main north/south parkway and a number oflocal roads and cul-de-sacs.
The Preliminary Planting Plan for phase I is shown on Sheets PL-01 and PL-02. The developer
is proposing the installation of boulevard trees with this development. The City has determined
that the developerlHome Owner Association [HOA] will be responsible for all boulevard trees in
this development. The responsibility includes the installation, maintenance, and replacement of
any boulevard trees. This is a major deviation from the City's current boulevard tree policy and
the responsibility of the trees by the developer will be included in the PUD Agreement.
Conditions to approval of Preliminary Plat
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Currently, the proposed community park in the southwest comer of development is entirely
encompassed within one large outlot (Outlot G ofthe Preliminary Plat). However, City staffwill
require as a condition of approval that the community park area be separated out into an outlot
by itself. In addition, an outlot will be required for the portion of Diamond Path Road that
extends north from 195th Street through the community park to the point of intersection with the
southerly extension of I 89th Street. Lastly, the City will require as a condition of approval the
outlotting of approximately one (1) acre of land for the water tower site (which is currently
within the proposed Outlot C). These modifications will need to be shown on the Final Plat for
phase I when submitted for review.
Staff has determined that the preliminary plat and site plan meet City Code requirements and,
therefore recommends approval ofthe documents with the contingencies previously mentioned.
ACTION REQUESTED
City staff recommends approval of the Fairhill Comprehensive Plan Amendment, Schematic
PUD, and the Fairhill Preliminary Plat - Phase I/Site Plan Review and forward the
recommendation to the City Council with the following contingencies:
1. Provide an outlot for the community park area located in the southwest comer of the
Fairhill development.
2. Provide an outlot for that portion of Diamond Path Road that extends north from 195th
. Street through the community park to the point of intersection with the southerly
extension of 189th Street.
3. Provide an outlot of approximately one (1) acre in size for the City's water tower to be
built with this development.
Respectfully Submitted,
Tony Wippler, Assistant City Planner
Cc: Shelly White, Newland Communities
Peter Gualtieri, Bridgeland Consulting
File
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DRAFT
CITY OF FARMINGTON PLANNED UNIT DEVELOPMENT CONTRACT
FOR FAIRHILL PROJECT
TI-IIS PLANNED UNIT DEVELOPMENT CONTRACT ("PUD CONTRACT"), made
and entered into and effective on this _ day of
, 2008, by and among the
City of Farmington, a Minnesota municipal corporation, hereinafter referred to as the "CITY,"
and Newlafld Communities, a Calif-omia corporatioflAstra Genstar Partnershio. LLP. a
Minnesota limited Iiabilitv oartnershio. hereinafter referred to as the "DEVELOPER," and tfle-
oWfler hereinafterFred M. Seed Livinl! Trust of 1979. as more fullY identified on the attached
. Exhibit el! and~a1kr referred to as the "OWNER." Subject to the terms and conditions of
this PUD CONTRACT, and in reliance upon the representations, warranties and covenants of the
parties herein contained, the CITY, the OWNER and the DEVELOPER hereby agree as follows:
ARTICLE I.
RECITALS
1.1) The DEVELOPER has applied to the CITY for_COMPREHENSIVE PLAN
AMENDMENT. preliminary plat and preliminary development plan approval of the SUBJECT
PROPERTY in accord with the PUD PLANS for the F AIRHILL PROJECT.
1.2) The DEVELOPER has applied to the CITY for a PUD zoning designation and
applicabilityaQplication of the PUD ORDINANCE to the SUBJECT PROPERTY. The
SUBJECT PROPERTY lel!al descriotion is attached as Exhibit A.
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1.3) In conjunction with the granting of these approvals, the CITY requires the
sledicatio!h..installation and/or availability of various streets, utilities, trails, ponds, parks, and
other facilities.
1.4) Under authority granted to it, including Minnesota Statutes, Chapters 412, 429
and 462, the COUNCIL has approved the COMP PLAN AMEl\DMENT. PRELIMINARY
PLAT and PUD PLANS for the SUBJECT PROPERTY and is rezoning the SUBJECT
PROPERTY to the PUD ORDINANCE on condition that the DEVELOPER and OWNER enter
into this PUD CONTRACT, which contract addresses the development parameters of the COMP
PLAN AMENDMENT, the SCHEM,^.TIC PUD PLANconce(!t site clallJ)reliminary
develooment olan, the PRELlMINAR Y PLAT, and the other PUD PLANS and the zoning
designation under the PUD ORDINANCE for the SUBJECT PROPERTY and further defines the
work which the DEVELOPER shall undertake to complete within the boundaries of the
SUBJECT PROPERTY.
1.5) The CITY has prepared an!L<illpJ~dJheJlnaJ Alternative Urban Area Review
("AUAR") for the SUBJECT PROPERTY and has adopted a ncgativc dcclaration pursuant to
Minnesota Rules, Section 1410. .1410.3610 in January 2004: an uRdated AUAR
was acceoted bv the CITY on August 21. 2006.
1.6) The DEVELOPER holds an ownership interest in all of the SUBJECT
PROPERTY, either by means of being the fee owner or by means ofbcing a contract vendee, or
pursuant to a purchase agreement.
1.7) The OWNER of the SUBJECT PROPERTY, jointly and severally, agrees to the
regulatory controls and the restrictions on DEVELOPMENT that are imposed by this PUD
CONTRACT. The OWNER acknowledges and understands that this PUD CONTRACT
imposes restrictions and obligations on the DEVELOPMENT of the SUBJECT PROPERTY as a
whole and accepts such restrictions. Notwithstanding the foregoing, the obligations of the
DEVELOPER are not those of the OWNER, unless the OWNER engages in DEVELOPMENT.
1.8) The DEVELOPER, the OWNER and the CITY intend that the SUBJECT
PROPERTY will be developed and used as thc FAIRHILL PROJECT in accordance with the
PUD CONTROLS.
1.9) The SUBJECT PROPERTY comprises approximately 965 acres. The SUBJECT
PROPERTY will bc developed in stages or phases so that each stage or phase will be in accord
with the PUD CONTROLS~. including the DEVELOPMENT CONTRACT for each ohase or
stage. The stages or J1hases will be determined by the DEVELOPER. consistent with the PUD
Cili'l1RQLS. For Qurposes of calculalirut fees for the F AIRHILL PROJECT. net acreaRc shalL
be ~ ~~~~~!!li.~.~d. .~~~~.~. ~!I__t.~~ P!5~~!~j ~!I.~ .<!X .9!y. ~'<!~~'" !~~~! ~.!(<!~~. ~~_~J~<!)}.~!~.~ .i.~. ~ff~_~! .~~_!~~. ~j ~~. __ -- - ---
of application for CITY approvals. The breakdown of the land arca to determine net acreage
under current CITY ordinances is described on Exhibit B.
1.10) The cntirety of thc SUBJECT PROPERTY will be final platted, with PHASE I
platted in lots and blocks as shown in the Preliminary Plat-Phase I (PP-~Ql), and the remainder
in outlots. The outlots will bc later submitted in phases for PRELIMINAR Y and FINAL PLAT
approval into lots and blocks as gcncrally depicted if] thc Phasing Plaf] (PUD 07). Bccause the
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Deleted: based on the gross area. less
OQOdways deli_ne~ted wetla,~ds
dedicated ricl1t-of-wav for Trunk
HiiWwayll"TlU") and.l25liLStreel,
steep slo~s a~d requiTe4 pa~k dedJ~a~on
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~A-I~I+itI~JECT i:; bciflg devclopcd in-pfiascs, the FIN:\L PU:I.:...at1,l-RNA-b-Pl.,A+-
P-bA-r'iS-foHffiy-paFtietHilf PH:\SE, J3artion (*-a-P+I.\SE. or combination ot:-P+I:\SES. ',vill alse-
bt....eene-iH--pflases. When PHASES or portions or combination of PHASES are ready for
development, consideration will be given to the FINAL PLAT and FINAL PLAT PLANS for
those particular portions in accordance with the PUD CONTROLS. Nothing contained in this
PUD CONTRACT is deemed a FINAL PLAT approval for any of the PHASES at this time.
Notwithstanding that FINAL PLAT approval will be staged commensurate with the timing of the
DEVELOPMENT of the individual PHASES, the parties understand and agree that by this PUD
CONTRACT, the CITY is granting a PUD zoning designation pursuant to the PUD
ORDINANCE for the SUBJECT PROPERTY and is approving certain PUD PLANS referenced
herein. The parties acknowledge and agree that the PUD PLANS will have to be supplemented
and refined and FINAL PLAT PLANS prepared to receive CITY approval before any
DEVELOPMENT can occur on particular PHASES. The parties understand, agree, and intend
that the FINAL PLAT PLANS shall be controlled by the PUD PLAN, including the PUD
CONTROLS.
1.11) The DEVELOPER, CITY and OWNER agree to comply with the PUD
CONTROLS and amendments theretofor a period of twentyJ2Q) vears. Subject to performance
by the DEVELOPER and OWNER, the CITY agrees towill allow DEVELOPMENT on the
SUBJECT PROPERTY in accord with the PUD CONTROLS, and any amendments thereto
mutuallv agreed to by the parties.
ARTICLE 2.
PUD ZONING
2.1) PUD ORDINANCE - FINDINGS.The COUNCIL finds that the SUBJECT
PROPERTY should be and is hereby rezoned pursuant to the PUD ORDINANCE. The
COUNCIL finds that such rezoning accomplishes the following:
(aa) Provides the means for greatcr creativity and flexibility and environmental design
than is provided for under the strict application of the existing zoning code while at the
same time prescrving thc health, safety, order, convenience, prosperity and general
welfare of the CITY and its inhabitants;
(bb) Functions as a catalyst in assisting resolution of J!.l!~~R<!.~l!!j~!I__~!I.~.R~.,:I~J~!~~~~~lL.-------{ Deleted: preexisting
issues by facilitatinRJbe Qreservation of four-lane ri~of-waY allil initiating construction
of a two-lane extension of 195th Street. with a bridge. connecting the west side of the
CITY to TH 3 and bv the DEVELOPER's reservimuignt-of-wa,y fur..the.oossibl~
construction of Diamond Path throul!h the SUBJECT PROPERTY. all oursuant to long-
term transoortation oolicies and olans of the Citv and COl~
(g;) Functions as a catalvst in assistinR resolution of J2ark facilit); issues by Qreser~ ___------{ Deleted: p~ellslil1g ]
42 acres in the south:-vest corner o~ the S~BJECT PROPERTY fo~ CITY construction of /1 Deleted: for a nerind nnt exceedinotwn ]
youth ball fields. whlle also reservmR adJacent illQoerty.[or p'otentJaI CITY Q~rchasei.__u__~/ ~
UW1 (et-Encourages a creative and efficient approach to the use of landk
concentratinl! the maiority of deyelonment on unland areas east of North Creek and the
railroad tracks and away from wetlands. steeo slooes..J\nd_adjacentj)pen soace;
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~ €d) Encourages the preservation and enhancement of desirable land characteristics
and open space~cciallv through the retention and cnhankcment of wctlands. woodlands.
aJ1d.m:Jen sQace~a~JQ..NQrtlLClli:LaJributary to theYITmillimLRiyer.JhrQMghl)W=
orotection of steel! illwes. and by the construction o(six miles of Qublic (rai Is connectin?,.
to exis1ing.QIYJr~
(ft) Mixes lifecycle housing and a neighborhood commcrcial area. witlLacJive and
oassive oublic and orivate parks. connected bv a substantial network of oublic .trails. all
surrounding a community.PJll:kinJhe middle of the SUBJECT PROPERTY; and
(gill fej-Encourages an integrated development pattern and-a harmony with the land
use, density, transportation facilities and community objectiyes of the CITY's
comprchcnsivc planCOMP PLAN.
2.2) DEVELOPMENT AND LAND USE. The land use of the SUBJECT
PROPERTY shall be in accord with the Comprchensive Plan ("COMP PLAN!!j, COMP PLAN
AMENDMENT, PUD ORDINANCE and the SCHEM,^.TIC PUD PLAN. No
DEVELOPMENT or usc shall bc made ofthc SUBJECT PROPERTY or any portion thercof
unlcss such DEVELOPMENT or use is rcasonably cOflsisteflt with the PUD CONTROLSPUD
PLANS. Unless the COUNCIL by separate action approves otherwise, no DEVELOPMENT or
use shall occur on any PHASE, until thc PRELIMINAR Y or FINAL PLAT PLANS for that
PHASE have been approved by the COUNCIL. PRELIMINARY or FINAL PLAT PLANS
reasonably consistent with the COMP PLAN AMENDMENT and SCHEMATIC PUD P-bA-N-
sfla-UPLANS will be approved by the COUNCIL. The list of PUD PLANS are attached as
Exhibit C and incomorated herein by reference.
2.3) DENSITY. Thc deflsity ofPUD PLANS for each PHASE mav reflect different
densitiesLQrovided ove.rnll density for the SUBJECT PROPERTY shall be in accord with the
COMP PLAN AMENDMENT, and PUD ORDINANCE and the SCHEMATIC PUD PLAN,=
~~ecific land area densities will be as set forth in the attached Exhibit D.
2.4) RESTRICTIVE COVENANTS. Prior to the FINAL PLAT approval for any
PHASE or combination of PHASES, the DEVELOPER shall submit modcl deed restrictions,
covenants, agreements, bylaws and a proposed homeowner's association or other documents or
contracts controlling the use and maintenance of the land within the particular PHASE. These
documents shall be subject to the review of the CITY Attorney. The documents shall provide for
(i) architectural design and exterior materials guidelines; (ii) maintenance of the private parkst
private trails and other private facilities by the association; (iii) maintenance of private streets,
trees and landscaping in center islands, medians, and boulevard areas on public or private streets
and common areas, and other designated areas. The documents shall also insure the continued
maintenance of private facilities and common areas, if any, within each PHASE by the
DEVELOPER or i-ts--liceflsed afld bondcd cOfltractors :the established homeowners association
and shall be recorded with the FINAL PLAT. The Developer shall maintain and display in a
prominent location at any model home or sales office within the FAIRHILLS PROJECT the
deed restrictions. covenants. agreements. bylaws and homeowners association or other
documents or contracts controlling the use and maintenance of the land within the particular
PHASE.
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2.5) CHANGE OF ZONING. The SUBJECT PROPERTY is intended to be
developed as an overall integrated, unified, and planned unit development pursuant to the COMP
PLAN AMENDMENT, SCHEivL\TIC PUD PLAN and PUD CONTROLS. Subject to Article 6
of this PUD CONTRACT, no change in zoning shall affect the SUBJECT PROPERTY during
the term of the PUD CONTRACT unless agreed to by the parties.
ARTICLE 3.
PUD PLANS
1.1 ) APPROVAL OF PUD PLANS. The CITY hereby approves the PUD PLANS.
1.2) PUD PLANS CONTROL DEVELOPMENT. DEVELOPMENT on the
SUBJECT PROPERTY shall conform to the PUD PLANS and FINAL PLAT PLANS unless the
CITY approves othcr....ise. Design standard~cle..fumily .and multi-familv dwellings are
shown on Exhibit E. These design standards confirm minimum lot tyoes with develooment
Kquirements.
1.3) PUD CONTROLS. The DEVELOPER and CITY agree to comply with the PUD
CONTROLS and amendments thereto. Subject to performance by the OWNER and
DEVELOPER, the CITY agrees to allow DEVELOPMENT on the SUBJECT PROPERTY in
accord with the PUD CONTROLS and PUD PLANS, and amcndments thereto,
ARTICLE 4.
PRELIMINARY AND FINAL PLAT, PHASE 11
1.1) DURATION OF PRELIMINARY PLAT APPROVAL. Notwithstandin~
other law. regula~ion or ordinance to the contrary. aooroval of a oreliminary oIat for a ohase or ''f Deleted: the life of the PUD
SURuhall be valId for J!Y.<!.X~.'!~~J~<!~.!h~.~.'!~~.<?K~PP~.<?~(}.Lmm.m.m______m.mmuu_____m.mum/' CONTRACL
1.2) 4.-4-APPROV AL OF PHASE 1 PRELIMINARY PLAT. Subject to the terms
and conditions of this PUD CONTRACT and subject to conformance with the other PUD
PLANS, the CITY hereby approves the PRELlMINAR Y PLAT with respect to PHASE +,
subject to such other terms and conditions of approval as appear in the COUNCIL resolution-ef-
approval of the plat.,L The FINAL PLAT for PHASE 1 shall conform to the requirements of the
PUD PLf.NS and the SUBDIVISION ORDINANCE-CONTROLS. Notwithstanding the current
design of the PRELIMINARY PLAT. the DEVELOPER may submit a FINAL PLAT for
PHASE I encomoassinl! solelv the right-of-wav for the extension of 195th Street and
constmction of the roundabout at TH 3.
1.3) 4,2j-FINAL PLAT. PHASE I RECORDING. The FINAL PLAT for PHASE I
shall be recorded flO latcr than six.,.~~I1.t.~!'.-.l!!!~.~.!~~gyy.~~~_~_<!.~~~y~.~~.!~.~.!?~_Y-~!:-QP.~~mm.m._'-/{ Deleted: t~ (69) t1.~.
property depicted on Exhibit e_. The DEVELOPER shall, in turn, dedicate for public
oumoses. including right-of-way, public utilitics or public park purposcs, oublic utilities or
public oarks or trails that portion of the FINAL PLAT for PHASE I depicted as such, retaining
for development purposes that portion not flecessarydedicated for public right ef way, utilities or
pat=k-ef purposes.
11<lZlli07
ARTICLE 5.
.' RELATIONSHIP OF PUD PLANS TO FINAL PLAT PLANS AND FINAL PLATS
1.1) PHASING. yftlcss the CITY npprovcs otherwise pursuant to the PUG-
ORDINANCE, final Final platting of the SUBJECT PROPERTY shall occur in PHASES-tn-tfle-
sequeflce shown on the PHASING PLAN. DEVELOPMENT shall not occur Ofl a PHASE
ufllcss thc CITY detcrmifles that trunk utilities and other PUBLIC IMPROVEMENTS are
availablc to serve such PH,^.SES.!=
1.2) FINAL PLATS. NeGradi!1R and installation of oublic utilities on the entire
SUBJECT PROPERTY ,,!!1.~X.~.<: Qermitted. at the DEVELOPER'~ risk1uoon aRI~rov~1 of the .m__------{ Deleted: i~
PRELIMINARY PLAT. subiect to review and aporoval by the CITY EnJtineer of finalirnding"
and utilitv olans. and at the discretion of the CITY Engineer. No other DEVELOPMENT
shallwill occur on any PHASE until the ~COUNCIL approves the FINAL PLAT for that
PHASE and the FINAL PLAT is recorded with the COUNTY ",'-'
.... _ _ n _. n. _ O'.. n...... n. _n............ _ _. n. ~
The DEVELOPER and OWNER shall record thc FINAL PL\ T for each PHASE within
sixty (60) days aftcr sigflaturc on the FINAL PLAT by all sigflatories rcquired by Miflflesota law.
Thc DEVELOPMENT CONTRACT for each such PHASE shall also bc cxccuted after
PRELIMINARY PLAT approval and beforc FIN:\L PLAT approval. The DEVELOPER and
OWNER shall record the FINAL PLAT for each PHASE within six months after signature on
the FINAL PLAT by all signatories required by Minnesota law. The DEVELOPMENT
CONTRACT for each such PHASE shall also be executed after PRELl MINAR Y PLAT
approval and before FINAL PLAT approval.
__ Deleted: Provid~dtkFIN^LPLAT_
for a PHASF iScoosisteiit--;ithilie?lJI)
llAl'IS.and PRELIMINARY PI AT for
such PHASE.CITY.staffwill
=n=llapprovalofthe FINAl
PLAT for such PH ASE
I .3) RELATIONSHIP OF PUD PLANS TO FINAL PLAT. The COUNCIL shall
ill2P...IQ.IT..FINAL PLAT PLANS'!sflaU. including the DEVELOPMENT CONTRACT for each
Fl::lASE.Jhat conform to the PUD CONTRACT and PUD PLANS: l:lflless othcrwise-ap.p..L<:i-..YC~
the Council.
Ie
1.4) INCONSISTENCY AMONG PUD CONTROLS. To the extent an inconsistency
or conflict exists among the PUD CONTROLS, the following documents in descending order
shall govern:
(a) FINAL PLAT PLANS
+_------{ Formatted: Bullets and Numbering]
i!:1l-PUD CONTRACT~
(c)
,.,{ Deleted: <#>FINAL PLAT PLANS'
f ~ Q_r.,="_.c\~_~n. u. n. _. u. _ _.. u_... u.... u u. u......... _... _ n. n n........ O'.... u.. _ _.. ._n. nO'.. _. u. ~/,-
() PUD ORDINANCE
( ) ZONING ORDINANCE
( ) SUBDIVISION ORDINANCE.
130712v01
.
ARTICLE 6.
.
RELATIONSHIP OF PUD CONTRACT TO SUBJECT PROPERTY
1.1 ) RELATIONSHIP OF PUD CONTRACT TO SUBJECT PROPERTY. This PUD
CONTRACT applies to and nms with the SUBJECT PROPERTY. This PUD CONTRACT
does not apply to real property outside of the SUBJECT PROPERTY.
1.2) CHANGE OF ORDINANCES. The COUNCIL finds that the FAIRHILL
PROJECT is a planned and staged development within the meaning of Minn. Stat. ~ 462.358,
subd.3(c). Pursuant to Minn. Stat. ~ 462.358, subd. 3(c), the CITY agrees that if the following
conditions are being met:
(a) DEVELOPER is not in material DEFAULT under this PUD CONTRACT;
(b) DEVELOPER has either a fee title interest, optionee, or a contract purchaser-
vendee interest in the PHASE;
then for -twenty (20) years from the date of this PUD CONTRACT with respect to the
SUBJECT PROPERTY, the CITY will not, without the consent of the DEVELOPER, change the
City Code proyisions with respect to the following:
fet-!gLpermitted, conditional and accessory uses;
t6:)-Lbldevelopment density;
(c)
(d)
e (e)
I (t)
(i)
(ej-Iot size;
€ttlot layout, ~~~depth aOOQI width;
fgt-building setbacks;
/{ Deleted: ~
~street, other right-of-way, or uti Ii tY.A~~!(;~!(<!!!.~~.'ll!!~~~~!I.t.~i u.__ __ __mm.umuu j/
thc terms afld cOflditiofls of Seetien 12.1, Park DedicJitiofl. Hereof;
(g)
oark dedication reauirements or fees in lieu thereof: or
._-----.{ Formatted: Bullets and Numbering
f..hl-ffi-platting requirements. including the timing of ohases or stages:.,Uhm__mmmm______---. Deleted: R..I1
C IT_Y. d,ye lopll)entJe_e~adju~edj'QI"~
inIlatilln.
If the DEVELOPER requests a change to the PUD CONTROLS for a specific PHASE and the
CITY grants the change, then the above restrictions do not apply for that PHASE-;-
NotwitHstanding the fOrcgoing, fecs and exactions for eaCH PHASE shall be calculated using the
~~~' ~~ ~:~~~:~: ~:re:~~~t ;~t~~~:~a~i ~:~~~~~:a~~~ t:::n~~~s~i.t~-~~(;~;d;~~:~~.j~~:*:c~9a\tm-------l ~~~~~~~l~I~~:;xtent ~~
the time of approval for that PHASE.
After the last day of the..@:twentieth (20) year from the date of execution of this PUD _------{ Deleted: fifleendJ
CONTRACT, the CITY may, w(iti ;{(;iice.to.iiHt~.~;i.ihOiitCOflse'Ht-ofii;e.DE.VEL()P.E-if~.~-__mumm
13.o712v..o1
.
.1
.
.
OWNER, change the PUD ORDINANCE and other platting and zoning provisions with respect " Deleted:. Absent such action, the
to the above matters..~_n~_!~_i.s.XlJg.~.QtU_~~~.T,:;h~n-,~I.tt~~.~~jc.~))X_t_~~T1!!n,~~e"mU'h_U__ ___ .mmu_'/.'-- Deleted: remains in full force and
eITect
195 h S C . Th h II d d' 1 0 fi . h f --{ Deleted: ~dedicatiJ!l>
t treet onstructJOn: e DEVELOPERt"__~w.~ul~~.t~m~m_<!g~. ng t-o - um_/-- 1 Deleted ~f-fi- :-,,~ ~ tru I tl
h . h . '11 --: ~ ::l~~~ns_c..le
way i.<!!. I 95t. Str~el WIth the FINAL PLAT for PHASU. T e CIty WI construct _.-,-- initial.wo lane ,eclion of. . ~
the INITIAL 195t STREET IMPROVEMENTS and soecially assess the
DEVELOPER's share of costs relatinl! to the construction as discussed below in ,
Section 7.8. .,('Jotwithstandinl! i!~ dedication. the DEVELOPERt at its own cost hU/'
and risk of loss. shall be allowed to olant ternporarv landscaQing materials in the
right-of-wav for the future ohase of 195th Street. upon review and approval of the
landscaping plan by the CITY. All maintenance cost:uclillinl! to such temoorary,
landscaoe olantings shall be borne bv the DEVELOPER and it shall retain full
ownershio and control of such olantings. The CITY will use its best efforts to
include suitable fill from the SUBJECT PROPERTY in the bid specifications for
INITIAL 1951h STREET IMPROVEMENTS and the.DEVELOPER will receive
a crediLfrom the City for the deQosit of any approved fill within the right-of-wa~,=<>...
The DEVELOPER and CITY will consult regarding the schedule relating to [95th Street
construction. The Citv will oversee such construction to ensure timely completion.
1.3) CHANGE OF PUD CONTRACT AND DEVELOPMENT CONTRACT. The
CITY and the DEVELOPER of any respective PHASE us shown on the P-H-A.')ING PL:\N.may
mutually agree to change this PUD CONTRACT and the DEVELOPMENT CONTRACT for
tflatil particular PHASE.
ARTICLE 7.
STREETS
1.1 ) DEDICATION OF STREETS. The Roadway Typology Plan (PUD--l-()Q.8. 09)
shows the street system within the SUBJECT PROPERTY that will scrve the F AIRHILL
PROJECT. All such streets shall be dedicated to the CITY upon the recording of the final plat
for cach PHASE. The DEVELOPER is dcdicating thc right of way for 195th Strcet with the
FINAL PLAT for PHASE I. DEVELOPER shall be requircd to dcdicate right of way for the
extension of Diamond Path, north of its connection to the extcnsion of 195th Strcct, upon the
rccording ofthc final plat for each PHASE cOfltaifliflg that portiofl of the right ofwan~itch.
PHASE.
(a)
.
Deleted: .orovided that such dedication
Mll..rto.uire the CITY to speciallv assess
the DEVElOPER's share of costs
rrlatillg !(Lthc.C9"SlI}lft[gJU1U9.5tl1
Street as discussed below The balance
oCtile ril!ht-of-wav for 1 95tl1 Street will
be. dedicat~d~by_agreen~ent of'thHat1i~~
The 1 95tl1 Street riQht-of-wav will not
exceed 150 feet in width based on current
plans;~x additional right~~b'iay~i1Lbc.
Durchased The DEVELOPER will not
contribute any oortion of the costs
associated.with constructing the secolld~
phase of 195th Street relatinG to the 3rd
and 4 th lanes or the brid~
Deleted: Ihl:
Deleted: The.ClTY will useJl,-besl.
e!Torts to include suita~I~fi1i from tl_~
SUBJECT PROPERTY in the bid
specificationsJ'oLl25th Street
Deleted: The DEVELOPER will not
contribute.any portion~ofthecosts
<!~~~ciate~ with cons~cting the
extension of Deerbrooke Path from
Mystic Meadows toJh<-mtersection. wjtIL
195th Street
Deleted: 1
(b) ~I~.~_ ~! IX ~j!! .~_<!~~~!_u~_! _~~~. J?~ y_ f.~~.!~.~_ ~.'S ~~!I.~! <!.~. ~f.g~~.~~!~~ K~. ~~.t.~ _ ~.~ ~ .P.'-.1~! j ~. __ _ _ -- -'
trails from Mystic Meadows to the intersection with 195th Street as part of the
construction of 195th Street.J2iam<!nd Path: The DEVELOPER will,8edic_,!~.Jighl
of wa v for the extension of Diamond Path. north of its connection to the extension ""''''
of 195th Street as part of the FINAL PLAT for PHASE I. JLlll1iltt the mmmmm_' \:'"
DEVELOPER will not contribute to the cost of construction of Diamond Path. "" \,
either directlv or throuJ.ili..special assessment unless a soecific PHASE oro~ "".,'{ Deleted: 1lll1~
the access to be constructed~~ the imp'rovement can be assessed ba[ed on benefit .,
provided under M.S. & 429.081. """'\
1307 Th'07
-
Deleted: .Anotential ril!ht-of-wav
corridor has heen identified on the COMP
I'LANAMEI'IDMENLtnd PUP.
~LANS~
Deleted: and.
.
.
.
(c)
nL3~ rhej)EVELOPER will dedicate right-of-wa~r~!dul11~lt1e~<w TH 3,==
Ac.c.es.s..Cillltrol for TH 3 will be orovided with the FINALELA T tuam
f HA~ EJied Ut aporoval of access to the.SllBJ ECT P\i,QfE-'UY~f[<Lm~l--'Ibe
CITY will cooQerate with the DEVELOpER to ~ecure ac.!:~ to tbe SUlllECT
flS.QfEIITX.~shown on the PUD PLANS.
1.2) PLANS. Street layout and right-of-way widths shall conform to the Roadway
Typology Plan (PUD II), liAless othcf'tvisc approvcd by the COUNCIL pursliant tEl PUD
ORDlNANCEPlans.
1.3) TESTING. Prior to FINAL PLAT approval for any particular PHASE, the
DEVELOPER shall provide such soil borings, final road designs, typical pavement sections and
grading quantities for the roadway serving abutting or connecting to the PHASE as may
reasonably be required by the CITY Engineer.
1.4) GRADING STREETS. The DEVELOPER shall grade all public streets,
boulevards, and driveways within each PHASE to CITY approved grades and cross-sections in
accordance with the PUD PLANS and DEVELOPMENT CONTRACT for such pfiasefHAS.E.
I.S) STREET SIGNS. The DEVELOPER shall be financially responsible for the
installation of street identi fication signs and non-mechanical and non-electrical traffic control
signs within the SUBJECT PROPERTY consistent with standard City engineering detail plates
for all public streets and as proposed by the DEVELOPER and approved by the CITY for all
private streets afld alleys.
1.6) BOULEVARD AND AREA RESTORATION. With respect to streets within
each PHASE, the DEVELOPER shall lay cultured sod in the boulevards as required by the
DEVELOPMENT CONTRACT for the PHASE.
1.7) SUBDIVISION MONUMENTS. At the time of FINAL PLAT, the
DEVELOPER, at its own expense, shall install ,il!L~!-!~~.i_~j~j5?!1..<!.~p!'1.t__~~~.lI!n~~!~J.~gll.iI:e~.~y"u____
law or reasonably required by the CITY. includ{ng but not limited to lot monuments and buffer --....
~.~Q~~I!3-.l)~I-'.Q~J.I_'.~_'_~g._1\~.Q.f!~~~~_I.~_'=.~.~.~.l)~~~~_~.._Ih~.Q~Y_~hQf~.J3.......__
shall, at its expense, commence and complete construction of the streets within each PHASE by -
thc times sets.~ in the DEVELOPMENT CONTRACT for such PHASE. The CITY shall
make every reasonable effort to begin constmction enm the-read [NITIA L 195 TII STREET
IMPROVEMENTS by at such timc as it is flecessary forto ensure that the
DEVELOPER ~has. access to the SUBJECT PROPERTY, and to complete the
constmction not later than November I, 20 10. ????
The CITY shall specially assess the SUBJECT PROPERTY for the costs of constructiofl rclating
to 19Sth Street, iflclliding with said asscssments
. The CITY shall assess
percent L%) of the costs of constructing the first two lancs of 19Sth Street on the SUBJECT
PROPERTY; the CITY may. Such costs to jnclude excavation of roadbed and drainage areas.
as well as installation of utilities. drainage. trails and roadway..surface improvements. all as
detailed in the Feasibility Study for 19Sth Street dated . The CITY will issue IS year
general ob1il!ation imorovement bonds oursuant to Minnesota Statutes. Chapter 429 to finance
!3_0]J2y07
Formatted: 0{05, No bullets or
numbering
Deleted: sUBdi. isieR m8fHtmeAtsloL
=unarkl:r.s as reasonably required by
the g:r.vCity Engineer.
Deleted: 1
.
.
.
tile INJIlAL-.l!l.i'H STj{mIT.JMfl~QYEi"LE~N.J:'S. The CITY currentl~tirr1(I~~_lhaLtlK
INITIAL 195TH STREE'LJMPROVEMENTS~'ill cost $ . The CITY will.J!:b
coniunction with Dakot:t_WlliJ1.tY-JlursuanUQ.Jh.e JOINT POWERS AGREEMENT. p.ay % of
thU.!lliLQ[JhJill'.llIJAL.~'.s..rREET IMERDVEMBNTS an.d will sQecialIy assess % oJ the
costs of the INITIAL 19STH STREET IMPROVEMENTS against the SUBJECT PROPERTY.
The soecia1 assessments to be levied as described ,below will be payable in ins1i\lIments OYIT.a
term of 10.5 years with interest at a rate equal to the rate the CITY is obligated to oay the general
Q\iligation improvement bonds referenc(;d in this Section 7.8. Rlus 5 basis ooints. Payment of
soecial assessments from the DEVELOPER will be deferred. with no interest accrual until the
COUNTY completes payment of its cost share relating to 195th Strcctthe INITIAL 195 TH
STREET IMPROVEMENTS, estimated to be 4.5 years. Thereafter, the DEVELOPER shall be
obligated to make payments on a per-lot basis over 10.5 years:without any interest accrual for thc
first 1.5 ycars in an amOllflt dctermifled by thc CITY fiflancc director, in consultation with thc
DEVELOPER. The CITY agrees to iflcludc an administrative charge of not more than one half
of OflC pcrccnt (0.5%) within the amount to bc assesscd.:The DEVELOPER wilI not be required
to post a letter of credit or any other type of security for the costs relating to the construction of
195th Strcct. the INITIAL 195TH STREET IMPROVEMENTS.
'l______________________________________________________________________________________________________________________________________....,.
The DEVELOPER hereby consents to an assessment bv the CITY in an amount eQ\illlJQ..
$ (or such final amount determined bv the CITY'S Finance Director) against the
SUBJECT PROPERTY (to be allocated among lots and outlots in the FINAL PLA T)...Qursuant
to Minnesota Statutes ChaQter 429 and waives anund aJI Qf.ocedural and substantivuiliiections
to a soecial assessment in that amount. including. but not limited to. notice and hearing,
reguirementssLaims that the SWBJECT PROPERTY. or any yart thereof. does not receive a
benefit from the INITIAL 195T I STREET IMPROVEMENTS. claims that the assessment is not
uni form upon the same classes of Qroperty and claims that the amount of the sQecial assessment
allocated to any lot or outlot exceeds the benefit to such lot or outlot. DEVELOPER also waives
any aQoeal ril!hts otherwise available oursuant to Minnesota Statutes. Section 429.081 and allY-
rights available under the CITY Ordinances. The consents and waivers set forth in this Section
7.8 run with title to the SUBJECT PROPERTY and are binding on the DEVELOPER and its
successors and assigns. The CITY does not intend to levy the soecial assessment until the
FINAL PLAT is aporoved. Until the CITY levies the soecial assessment. the s~ial assessment
constitutes a oending soecial assessment. Once the CITY levies the soecial assessment.
DEVELOPER must oay the installments of soecial assessment certified for oaymen.DYi1h.annua1
real estate taxes when and as they become due. but not until the COUNTY comoletes oavment of
its cost share as described above. Uoon the recordinR of the FINAL PLAT the oending"sQe,cial
assessment described in this Section 7.8 will be allocated-'lllliilll! the lots and outlots as
determined bv the CITY'S Finance Director. If the cost of the INITIAL 195TH STREET
IMPROVEMENTS is greater than anticipated. the CITY reserves the righUo levy an assessment
in a l!reater amount or levy suoolemental assessments oursuant to Minnesota Statutes. Section
429.071. but the DEVELOPER has not. in any way. consented or agreed to an assessment in an
amount greater than $ or to suoolemental assessments or waived anv aooeal
I30712~Z
Deleted: The CITY will not assess l/1e.,
DEVELOPER or its S\lccessors or
assigns. any of the costs relating 10 the
construction of the second set of lanes for
195th Street and the bri~. when and if
constructed consistent.. ilk HiftReseta
GOO"teH~-"nd...Jty-pelieies-fltelTeelilt-
titttHitfle,~
.
.
.
tights with respect to an a~J11entin.Jlli amount ~~uban $
assessments...
or to suoplemental
The CITY will not assess the DEVELOPER or its successors or assil!ns. any of the costs
relating to the 19~TIl STREET IMPROVEMENTS, other than those soecified herein regarding"
the INITIAL 195 H STREET IMPROVEMENTS.
Under Minnesota Statutes. Chaoter 429, the CITY may cause the amounts assessed
lUtainst the SUBJECT PROPERTY to be p..ayable in a single installment or in eaual annual
installments extending over a oeriod not to exceed 30 vears. The CITY will make the soecial
assessment described in this Section 7.8 Qayable in annual installments extending over the 10.5
years in consideration for this PUD CONTRACT to oay the entire. uncertified balance of the
assessment levied pursuant to this Section 7.8 aR.ainst anv lot or outlot (whether such lot or outlot
is created in the FINAL PLAT or is created as a result of a subseauent subdivision of all or a
I)ortion of a lot or outlot created in the FINAL PLAT or subseguent olat for a PHASELuI)OnJh_e_
sale or other transfer (including. but not limited to. the convey,ance of equitable QwnershiQ
oursuant to a contract for deed) of that lot or outlot. If the DEVELOPER conveys or otherwise
transfers ownership of a lot or outlot subiect to the assessment described in this Section 7.8
before the CITY levies the assessment. the DEVELOPER must escrow the Dortion of the
oendinl! special assessment attributable to that lot or outlot with the CITY or with a title
insurance comoany reasonably acceotable to the CITY to orovide for the oayment of the soecial
assessment attributable to that lot or outlot when the CITY leyie~..e.cia1 assessment. and the
ourchaser must. in the escrow agreement. acknowledge and al!ree that it is subiect to and bound
bv the consents and waivers described in this Section 7.8. If the DEVELOPER elects to escrow
the funds with a title insurance comoanv. the CITY must be a oarty to the escrow agreement.
1.8) SEAL COATING. The DEVELOPER will deoosit funds for seal coating of .------.{ Formatted: Bullets and Numbering]
dedicated streets with each PHASEL~~~~!~~~!1_t__~H~__t_~~__c;.!I~(J?~!~<?x_~l)__~ff~<?~.~_t__t.~~_t_i~~__<?f~h~______~p_.-.- Deleted: on a basis that is nrooortional
FINAL PLAT for that PHASE. to the fundin" contributiou foreslabtished
!!Eghborh~QdLof the CITY.,buLin anY"
~t greater than 50% of such..cost
1.1 ) INSTALLATION OF UTILITIES WITHIN THE PHASE. J:l.1e DEVELOPER _..---- Deleted: Unless the CITY elecls, afler
shall be responsible for installation and construction of sewer and water lat~r~Yii~~S.,i~~i';~~~i~es'\ written petition by the DEVELOPER
under Chapter 429 ofMinnesola Slatutes,
within each PHASE to serve the DEVELOPMENT therein. The DEVELQE.ER mav sell. convey \', to order a pubticimprovement for the
h. ... h h' d fi . h I f h C . installation ofurilities such as sewer and
or ot erwlse assIgn ItS n g ts to at Ir oarty or a ohase or stage. WIt aooroya 0 t e ITY. ... water lateral and service lines witllin each
Qrovided such third oarty assumes resoonsibilitv in writing for the obligailiIDs in this se,ction and \, PHASE,
other conditions of the CITY. \( Deleted: t
ARTICLE 8.
UTILITIES
1.2) STANDARDS. The sewer and water lateral and service utilities shall be
constructed by the DEVELOPER within each PHASE according to the standards in the PUD
PLANS, DEVELOPMENT CONTRACT afld SUBDIVISION ORDINANCE and as aooroved
bv the CITY Engineer.
1.3) TIMING. The utilities shall be completed by the dates established in the ./
aoolicable DEVELOPMENT CONTRACT for each PHASE for each PHASE.J:J~~~~!!.\~__um//
ASSURANCE. The DEVELOPER shalI post the financial assurance required by the
!lQ7l.2v07
Formatted: a/os, No bullets or
numbering
Deleted: CITY sewer and water
capacityJoallQWJbej'UD PLANS.is
lIYlIilable 10 theDEVELOPMENT and
lI'illbe.J:xtelllkd.u~""st of the
DEVELOPER ~
.
.
.
(b) The CITY shall. consistent with City fee ordinances in effect at the time of
FINAL PLAT of each PHASE. irnpose a trunk water main fee but will..f.~t;~~!.~m_------{ Deleted: ~
D E'I E LO P E ~.~~.~~.~~~(;).I!~~.!':~.E!~g~.<i 1h~!? ~ Y ~."'Q!~ ~R,J~.~!. p_<?!1.i~!l..<!X .t.~~. .~~~! _.. ~< _-.- { Deleted: .against
of construction of trunk sanitary sewer and watermains attributable to the capacity "'-::::--{ Deleted: runk~atlitary~Q\'er fees"
exceeding that necessary to serve the DEVELOPMENT. No trunk sanitary sewer \'::'{ Deleted: .to
fee nor City Sewer Ayailability Charge (SAC) will be imposed against the "-
SUBJECT PROPERTY.
DEVELOPMENT CONTRACT for eaclh-PHASE. not to exceed 125o/o,..<!Dh~.~~~j~~~~~__~~~!.<!.L...._------
the improvements within each PHASE...aS.ilctermined bG~lhe City Engineer and
DEVELQP.ER.
1.4) TRUNK SANITARY SEWER AND WATERMAIN.
(a) DEVELOPER shall cooperate with the CITY in the planning, design and
constmction of trunk sanitary sewer Jines and watermains with sufficient capacity
to receive all sanitary sewer flow from the cntire DEVELOPMENT, and to
provide sufficient water supplies to the entire DEVELOPMENT, plus additional
capacity to service other areas of the CITY. The CITY shall not assess
DEVELOPER or thc SUBJECT PROPERTY for costs attributable to capacity or
fUflctioFl which cxcccd that Flcccssary f-or thc DEVELOPMENT. Both latcral aFld
trunk bcncfit asscssmcflts f-or all costs, iFleludiFlg with6ut limitatiofl cFlgiflecriflg
costs, allocablc to thc SUBJECT PROPERTY shall bc paid by the DEVELOPER
according to the schedule and terms sct forth in the DEVELOPMENT
CONTRACT.
ARTICLE 9.
STORM SEWER
1.1) STORM SEWER PLAN. DEVELOPMENT on the SUBJECT PROPERTY shall
conform with the DRAINAGE PLAN and UTILITY PLAN and the fINAL PLAT PLANS,
unless otherwiscas approved by the CITY Engineer.
1.2) TIMING. The storm sewer improvements for each PH,^.SE shall be constructed
by the dates established in the DEVELOPMENT CONTRf.CT.apolicable DEVELOPMENT
CONTRACT. Dedication of storm sewer imQrovements will occur at the same time as CITY
acceotance of oublic street and utility imorovements. Subseauent to dedication. maintenance of
storm sewer imI)rovements shall be the responsibilitv of the CITY.
1.3) RESPONSIBILITY FOR CONSTRUCTION.fa}- The DEVELOPER is
responsible, at its own expense, for installationconstruction of the on-site storm sewer
improvements. Financial assurance shall be posted as required by the DEVELOPMENT
CONTRACT. The CITY shall credit thc DEVELOPER against f-ees or asscssments charged to
DEVELOPER that portiofl of thc cost of construction of storm SC'Ner improvcments attributablc
to thc capacity which cxcccds that flcccssary f-or thc DEVELOPMENT in the DEVELOPMENT
CONTR:\CT for that particular PHASE for each PHASE. The DEVELOPER may sell. conva..
or otherwise assil!n its rights to a third oartv for a ohase or stal!e. with aooroval of the CITY.
proyided such third party assume~Donsibility in writing for the oblil!ations in this section.
!1Q7I2v07
Deleted:. Such tinancial assurance
will be directly proportionate to
+_------{ Formatted: Bullets and NumberingJ
Deleted: that ~aFtia" aUur th~
construction oflfle.-trunk sanitary sewer
lines antl-watefmttitt5-altribtffltble-t6-tIte--
tapedt)' hich ..ffeds-that nee.s",') for
the DEVELONlENT in the
rnwEbGPM6N-T-{,GN-T~.fuf-that-
ptutieular-I'HASEwithin the SUBJECT
PROPERTY No additional trunk
sanitary sewer fee will be ullD1lSt.d..
againSLthe SUBJECUROI'ERTX
.
.
.
1.4) SURFACE WATER MANAGEMENT FEE.....ll;lsed on the cost of actual
imorovements made within the SUBJECT PROPERTY. including DEVELOPER's voluntary
financial contribution of$ 1 00.000 to the stream re-meandering project within the SUBJECT
PROPERTY. the CITY shall.,p.~<!.\,j~~.~ credit against 9.~_y.'~i.\'~ surface water management fe~sJo_ ._------{ Deleted: ~
the DEVELOPER for the construction of storm sewer imIJrovements within the SUBJECT
PROPERTY. No additional surface water man~ment fee will bUm~ against the
SUBJECT PROPERTY.
1.3) RESPONSII3ILlTY FOR CONSTRUCTION. Except to the extent othen...isc
provided, theThe DEVELOPER is responsible, at its own expense, for construction of the on-site.
grading and drainage improvcments. Financial assurance shall be posted as required by the
DEVELOPMENT CONTRACT fur ea.chEHASE. The DEVELOPER shall receive a credit
from the CITY for grading and drainage imorovements which are required by the CITY to
accommodate drainage from outside the SUBJECT PROPERTY. The DEVELOPER mav sell.
convev or otherwise assil!n its rights to a third oartv for a..r.t!~.~.~- with a\?p'roval of the CITY. m.'------{ Deleted: phase
provided such third oarty assumes resoonsibility in writing for the obligations in thi~n and --.---{ Deleted: ~
other conditions required by the CITY.
ARTICLE 10.
GRADING - DRAINAGE
1.1) GRADING AND DRAINAGE PLAN. DEVELOPMENT on the SUBJECT
PROPERTY shall conform with thc DRf.IN,^.GE PLAN and thc FIN,^.L PL:\T PLAN, uflless
othcrwiscGRADING PLAN approved by the COUNCILCJILEngineer.
1.2) TIMING. The grading improvements for each PHASE shall be commenced and
completed by the dates established in the aoolicable DEVELOPMENT CONTRACT.
1.4) PREPARATION OF FINAL PL:\ T PLAN FOR GRADING PLANS. Prior to
FINAL PLAT approval for any PHASE, the DEVELOPER shall submit overall detailed grading
plans and a narrative which addresses how grading for utility, road and individual PHASE
DEVELOPMENT will occur. These detailed grading plans, once approved, shall form a part of
the FINAL PLAT PLANS. Included in the plans and text shall be an overall erosion control plan
which addresses erosion control and protection of surface water quality. This iflf-ormation and
plans shall be subject to thc rcvicw and approval of the CITY Engincer. There shall be no
permits issued for grading of any portion of tflell PHASE until the detailed grading plans which
include erosion control for the area to be graded havc been reviewed and approved by the
COUNCILCITY Engineer. The DEVELOPER mav obtainJLuildin&,permits for its model villal!e
units based uoon installation of Class 5 road materials. lot speci fic erosion control and measures
for protecting surface water Quality. and water service to the requested model units. Models may
not be sold or occupied until full water. sewer and other utilities are provided to the models and
road and other improvements are constructed as required in the DEVELOPMENT
AGREEMENT for that PHASE.
13()~Ol
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ARTICLE II.
WETLANDS
1.1) WETLAND. DEVELOPMENT on the SUBJECT PROPERTY shall conform
with the WETLAND ACT and any state or federal wetland fill permits which have been issued
at the time of DEVELOPMENT. All wetland and buffer areas shall be included in outlots
maintaincd by the DEVELOPER or dedicated to the GityCITY.
1.2) TIMING. The improvements, mitigation, replacement and construction relating
to wetlands for each PHASE shall be completed by the dates established in the resoective
DEVELOPMENT CONTRACT and the aooroved wetland fill permits.
1.3) RESPONSII3ILITY FOR CONSTRUCTION. Except to the extent otherwise
provided hereifl, theThe DEVELOPER is responsible, at its own expense, for all costs of
compliancc with the ''vETU.ND ACT within cach PHASE, afld for placiflg city requircd
monumcntatiofl afld signagc marking wetlands afld buff-cr areas the fill of any wetlands within
each PHASE. The CITY shall be resoonsible for the cost of wetland cornoliance relating to the
orooosed CITY communit)' oark. 195th Street proiect. and any CITY-initiat~ges to the
PUD PLANS.
1.4) COMPLIANCE WITH WETLAND PERMITS. The DEVELOPER and the
CITY shall each be responsible for the conditions imposed on it pursuant to the wetland fill
permits issued by the U.S. Army Corps of Engineers and the CITY pursuant to Minnesota
Statutes, Chapters 103 A through 103G.
ARTICLE 12.
PARK DEDICATION
PARKS
1.1) PARK DEDICATION - CONTRI13UTION REQUIREMENT. The parties agree
that the public park dedication requirement for the FAIRHILL PROJECT shall be satisfied by
the DEVELOPER in the form of: (I) ~Iand conveyancc by warraflty decdldedicati()nj~!~ ____------{ Deleted: ~
amount of~ U acres designateo as Outlot H and Outlot _ thc Preliminary Plat Phase'
.J-(PP 0 I); and (2) rough grading of park afld trail arcas and trails construction as dcpicted ~
.
OPEN SPACE PLAN. and improvement ofp.ark areas afld trail as detailed in thc OPEN SPACE:
I .
p.bAN85 acres desil!nated on Exhibit G: and (2) bv dedicated outlot for 6 acres of oublic trails to
be dedicated at the time of FINAL PLAT for that PHASE encompassing the orooosed public
trail. See Park Dedication Table at Exhibit G.
In addition to its dedication ofland for public parks and public trails, the DEVELOPER is
including ~p~private parks ~icted-""m1in the OPEN SPACE PLANDEVELOPMENT.
Such private parks will be the responsibility of the Homeowners Association created by the
DEVELOPER. All financial responsibility for development, construction, maintenance or
operation of such private park areas will be bornc exclusively by DEVELOPER or the
Homeowners Association. The DEVELOPER shall clearly mark by appropriate signage
130712\,07
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approved by the CITY, park areas, trails and facilities which shall be designcd to clearly
differentiate between public and private areas and facilities.
(a) CITY Community Park: At the time of FINAL PLAT for PHASE I. thc;=.nmu_un___------{ Deleted: I
DEVELOPER will dedicate 4.2 acres to the CITY iILthe southwest corner of the
SUBJECT PROPERTY for use as a oublic oark. The dedication shall be made as
an outlot of PHASE I without any use restriction. and shall include the identified
right of way alignment for Diamond Path as a separate outlot. The CITY. in
consultation with DEVELOPER. will establish a schedule for develooment of
park facilities in the community IDl!'kJhe CITY will be resQonsible-.fuL
deyelopment and maintenance of the community oark orooerty and will not allow
such orooerty to become unsil!htly from a lack of normal maintenance. The
DEVELOPER will withhold develooment ofaooroximately 16.35 acres directly'"
east of the p.IQoosed CITY community_oar.kJQuillLmilldhanJ21.yem:s_fuL
oossible ourchase of such orooerty by the CITY.
(a) CITY Community Park: The DEVELOPER will dedicate 50 acres. of which 38
acres is ul2Land. to the CITY in the center of the SUBJECT PROPERTY for use as
a oublic communitv oark.
(c) CITY Neighborhood Parks: The DEVELOPER will d~e land for two (2)
pJJb~iRhbm:b.ill2d..PJlrksJill<ilin~cres. as reflected in the Neighborhood...and..
Ooen Soace Framework (PUD-04t
(d) The DEVELOPER will grade and seed the public park areas. The DEVELOPER
will receive credit from the CITY against city park development fees for anv
.s.:onstruction of J:?~sical improvements to th~ublicRarks and trails wi!hin th~ mm_------{ Deleted: see\ling.gradingQ~
SUBJECT PROPERTY.
1.2) ,Mi\NtlE.R.oF. <=9 tly~'{ Atl~.E.'._Ih~. J?!!~-'5.~.p_,!~~_(;Q~Y.~X~~(;.~~.~.~!!n.I?~.~,Y..mnnu .-------
warranty deed or dedication on a final PlatFINAL PLAT, subject to PERMITIED
ENCUMBRANCES.
Thc obligations of DEVELOPER to cOlwey thc trails and construct the trail
improvements arc statcd in Articlc 13.
1.3) TIMING AND TYPE OF PARK IMPROVEMENTS. In additiofl to dedicating
lafld for public parks, DEVELOPER is proposing to cstablish privatc parks for usc by the O'Nners
living within the f.\IRH ILL PROJECT. The CITY and DEVELOPER shall jeffitly-
dctcrrnineconsult regarding the types and timing of the improvements for each park portion, but
thc improvcmcflts to cach park shall commence no later than one (I) ycar aftcr approval eHr
FINAL PLAT for any Pl-L\SE adjacent to or eOfltaifling such parl(, cxcept thatparl( areas
dcsigflated as Outlot H and Outlot _ shall be improved by DEVELOPER ifl COl1jUl1ctiOIl with
PHf.SE oublic and orivate oark.
Deleted: <#>WYale Park Areas' The
hl1Y~'Yil!grant~DEVE_LQI'ER.a,
c~it,,-q lI.aLIO.lwentyo!iYepe[l;ent(2lli lc
of the total land area for orivate Qarks
The DEYELOPER will receiye creditfoL
thl<. co~tPfpark_facilit~s cgnstruel~ i!1
such nrivate nark areas'
Formatted: a/os, No bullets or
! numbering
Deleted: I f the CITY does not
... immediately commence public park
.. improvements after the grading has been
;' ~QnlP)~le~. the CITY :ha~l. at its
: own cost, mstttute and mamtam
.' reasonable erosion and dust control
,/ measures until tlle areas are seeded. Park
1.4) PARK GRADING. The DEVELOPER shall rough grade and seed the ~ ! gradingbytheDEVELOPER.i(any,
Park areas pursuaflt to the OPEN SPACE PLAN and spceific park plans approvcd by thc CITY."" shall be in lie~ el<:rediteda~ any
, , park fee reqUIremenlS of the CITY.~
r. AR~ FEE~~ Th~ D~V.ELQPER will receive a credit a.gainst. oark ~~~~I~R~~!1t fe~s for p~~!((;.nj /1 Deleted: final ",adin. of nub lie nark
oark Imorovements WIthin the SUBJECT PROPERTY..Jncllliimg for Durcha~e ~nd installatIOn of .,/ ma5.-
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park facilities for the public-Qark areaS and)andscal;lin~if~, within the gublk.Qal'lutreas. " A u_------ Deleted: aruilltiYate,.
schedule of all oark imorovements will be oreoared to determine the credit against oark ':,:::-- Deleted: seedingalld
~!.Qmnent fees. " Deleted: No additional nark.
i!!!Pfovcmcnt fee will be .imDosedagainst
ARTICLE 13. the.SUBJEC.JPROP.EH'L
TRAILS
1.1) TRAIL PLAN. To the extent a trail is shown on the OPEN SP,^.CE PLAN~
for a given PHASE, then DEVELOPMENT in a particular PHASE shall conform to the
approved systems of trails and the FINAL PLAT PLAN for that PHASE. The DEVELOPER
shall receive credit toward its oark dedication reauirements for land dedicated for use as oublic
trails.
1.2) CONSTRUCTION RESPONSII3IL1TY AND TIMING. The DEVELOPER shall
constmct the trails within or abutting each applicable PHASE by the dates established in the
DEVELOPMENT CONTRACT.
1.3) CONVEYANCE OF TRAILS. All trails shall be located within outlots, public
easements or public right-of-way, and shall be dedicated at the timc of FINAL PLAT recording.-
+mHs All trails within the SUBJECT PROPERTY are ooen to the ~and shall be clearly
marked as public trails as approvcd by thc Cityfor that pumose by signage acceotable to the
CITY.
1.4) RESPONSII3ILITY FOR CONSTRUCTION. Except to the extent otherwise
provided, the DEVELOPER is responsible, at its own cxpense, for construction costs of all the
trails as shown on the OPEN SPACE PLAN.mm.mummuuuw.wuu.m_mmwuwwmoomu_.mj/
OTHER PERMITS
13.5) PERMITS. TRc DEVELOPER shall obtain all ncccssary approvals, permits afld
licenscs from the CITY af!d the OTHER REGULATORY AGENCIES. Major dcsigfl
rcquircments of af!Y such ef!titics shall bc detcrmif!cd prior to eOf!struetiofl af!d incorporatcd if!to
the FINAL PLAT PLAN.
ARTICLE 14.
PUBLIC IMPROVEMENTS
1.1 ) APPROVAL OF CONTRACTORS AND ENGINEER. Any contractor or
engineer preparing plans and specifications selected by the DEVELOPER to design, construct or
install any PUBLIC IMPROVEMENTS must first be approved if! writing by the CITY Engineer.
I .2) .~9.~ ~~~ R..l) ~II.Q~:.. ~~~~P.! X<!!. ~<!.~~_ !~!~.tj~g ).<!. ~<!.~~.t.I:t)~H<!.~. ~ f.! 2 ~ !~u~.t!.~~.t).~h~.. ~_/
DEVELOPER shall cause its contractors to furnish the CITY Engineer with a written schedule of ...
proposed operations, subcontractors and material suppliers, at Icast _ ~ days for all \,
PUBLIC IMPROVEMENTS. prior to commencement of constmction work on such PUBLIC \
IMPROVEMENTS. \..
130712 ~0'7
.' Deleted:. The.DEYELQ1'ElUhall.
receivuredit fIlll1.1Jh~.CII.Y forJhe.cost
ofall_tra}1 imp~o_yel1lents \\,iti~~~-
SUBJECT PROPERTY as nrovided in
i\rticle_12.
Deleted: TlMINC.filiAL
CONSTRUCTION PLANS-lfl<o-
PUBLIC IMPROVEM~II-*
<em pl. reo h) the lift1. s<h.o.l. ..,1 reFth
en ExhiBit C. unless meelif.ied h) a
06VEbGPMWT~(;f..d.Jpon
~jlj1roval of PREI IMINAR Y PI AT
PI ANS for a PHASE includifil.! nlans for
streets.utilities...stQnn se=and.
Dj;lndin(! the DEVElOPER m.w-oroceed
with construction of future PUBLIC
IMPROYEMIiliIS pursuant to approsal.
of final plans blithe CITY En~illeer ,
..
Formatted: Bullets and Numbering
.
.
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ARTICLE 15.
RESPONSII3ILITY FOR COSTS
1.7) PHASE IMPROVEMENT COSTS. Unless otherwise provided in this PUD
CONTRACT or a DEVELOPMENT CONTRACT for a PHASE, the DEVELOPER shall pay
for the PHASE IMPROVEMENTS; that is, all costs of persons doing work or furnishing skills,
tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims
for the same; and the CITY shall be under no obligation to pay the contractor or any
subcontractor any sum whatsoever on account thereof, whether or not the CITY shall have
approved the contract or subcontract.
1.8) COSTS. The DEVELOPER shall reimburse the CITY for its reasonable costs
incurred by it in conjunction with the FAIRHILL PROJECT including without limitation, costs
relating to the preparation, administration, and enforcement of this PUD CONTRACT and the
DEVELOPMENT CONTRACTCONTRACTS for each PHASE, including reasonable
engineering and attorneys' fees. The CITY and DEVELOPER will establish a schedule for cost-
sharinR for th~Rllalman stationed at rail crossinRs dJlJ::inR construction~
1.9) GIS FEES. The DEVELOPER willJ2~y.Q!~X':~~.~.t..t.~~.tj.~~.~ff!~.~I:-.~I:-~I.<!L____------ Deleted: contribute acap~
h PHASE d . h h CITY fi h d I' f'" h' f 1 $ nrorated to PHASES of
eac in accor ance WIt t e ee sc e u e In elect at t e tIme 0 aoprova. deyclonment within th.e SUBJECT
PROPERTY
1.10) ~TIME OF PA YMENT. The DEVELOPER shall pay all bills from the
CITY for which DEVELOPER is responsible within thirty (30forty-five (45) days after receipt
l)jl712vO]
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of detailed billing. The bills shall itemize the person doing the work, the services rendered, the
date rendered, the time involved and the applicable charge rate for the services. Bills not paid""
without iust cause as verified by the cr[Y. within thirty (3 Ofortx-five ~ days shall accme
interest at the rate of -~ percent ( ,2%) per year.
ARTICLE 16.
INDEMNIFICATION OF CITY
1.10) INDEMNIFICATION OF CITY. Subject to Section 16.4, DEVELOPER shall
and does hereby indemnify, defend and hold the CITY, its COUNCIL and employees harmless
against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs,
expenses, liabilities and damages, including interest, penalties and attorneys' fees, including
without limitation any litigation which may be commenced by any party, that the CITY incurs or
suffers, which arise out of, result from, or rclate to any of the following:
(a) Failure by the DEVELOPER or OWNER to observe or perform any covenant,
condition, obligation or agreement on their part, either jointly or severally, to be
observed or performed under this PUD CONTRACT;
(b) Failure by the DEVELOPER or OWNER to pay contractors, subcontractors,
laborers, or materialmen retained bv either of them;
(c) Failure by the DEVELOPER or OWNER to pay for materials ordered bv either of
them;
(d) Approval by the CITY of the PUD PLANS, thc FINAL PLAT PLANS and other
PUD CONTROLS;
(e)
Approval by the CITY of any FINAL PLAT;
(t)
Failure by the DEVELOPER to obtain the necessary permits and authorizations to
constmct the PHASE IMPROVEMENTS;
(g) Construction of the PHASE IMPROVEMENTS; and
(h) All costs and liabilities arising because building permits were issued prior to the
completion and acceptance of the PHASE IMPROVEMENTS or because there
were delays in completion of the PHASE IMPROVEMENTS caused by the
DEVELOPER, the OWNER, thcir contractors, subcontractors, materialmen,
employees, agents or third parties.
1.11) NOTICE. Within a reasonable period of time after the CITY's receipt of actual
notice of any matter giving rise to a right of payment against the CITY pursuant to Section
++.+,~ the CITY shall give the FORMAL NOTICE in reasonable detail to the DEVELOPER.
The DEVELOPER shall not be obligated to make any payment to the CITY for any such claim
until the passage of ninety (90) days from the date of its receipt of FORMAL NOTICE from the
CITY, during which time the DEVELOPER shall have the right to cure or remedy the event
leading to such claim.
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1.12) DEFENSE OF CLAIM. With respect to claims or demands asserted against the
CITY by a third party of the nature covered by Sections +7-:+ 16.1 and +74Hil. above, and
provided that the CITY gives FORMAL NOTICE thereof, the DEVELOPER in its discretion
may, at its sole expense, provide for the defense thereof with counsel of its own selection but
approved by the CITY; the DEVELOPER will pay all costs and expenses including reasonable
attorneys' fees incurred in so defending against such claims, provided that the CITY shall at all
times also have the right to fully participate in the defense. If the DEVELOPER fails to defend,
thc CITY shall have the right, but not the obligation, to undertake the defense of, and to
compromise or settle the claim or other matter, for the account of and at the risk of the
DEVELOPER. All ~Jilik.attorneys' fees incurred by the CITY related to such defense shall
be paid for by the DEVELOPER.
1.13) CITY VIOLATION OR NEGLIGENCE. This Article ++16 shall not apply to
costs incurred or suffered which relate to, result from, are attributable to or are caused by the
CITY's violation of applicable law or the CITY'S reckless or negligent acts, or changes ordered
by the CITY as to the PUBLIC IMPROVEMENTS.
ARTICLE 17.
REMEDIES UPON DEFAULT
1.1) CITY REMEDIES. Except as set forth in Section ~ill,. if a DEFAULT
occurs, that is not caused by FORCE MAJEURE, the CITY shall give the DEVELOPER
FORMAL NOTICE of the DEFAULT and the DEVELOPER shall have thirty (30) working days
to appear before the COUNCIL to discuss the DEFAULT. If the DEVELOPER, after FORMAL
NOTICE to it by the CITY, does not cure the DEFAULT within thirty (30) working days after
the COUNCIL appearance, then the CITY may avail itselfofany remedy afforded by law and
any of the following cumulative, non-exclusive remedies.
(a)
(b)
the CITY may specifically enforce this PUD CONTRACT;
the CITY may suspend any work, improvement or obligation to be performed by
the CITY only with respect to the PHASE affected by the DEFAULT;
(c) the CITY may collect on any bond, irrevocable letter of credit or cash deposit or
other security applicable only to the PHASE affected by the DEFAULT;
(d) the CITY may deny building and occupancy pennits for buildings only on the
PHASE affected by the DEFAULT;
(e) the CITY may deny or withhold FINAL PLAT approyal to the extent that the
DEFAULT relates to the FINAL PLAT then pending before the CITY;
(t) the CITY may, at its sole option, perform the work or improvcments to be
perfonned by the DEVELOPER, in which case the DEVELOPER shall within
sixty (60) days after written billing by the CITY reimburse the CITY for any
reasonably necessary costs and expenses incurred by the CITY to cure the
DEFAULT. In the alternative, the CITY may in whole or in part, specially assess
any of the costs and expenses incurred by the CITY; and the DEVELOPER and
l~
.
.
.
OWNER hereby waivc any and all procedural and substantive objections to the
installation and constmction of the work and improvements and the special
assessments resulting therefrom, including but not limited to notice and hearing
requirements and any claim that the special assessments exceed benefit. With
respect to such special assessments arising only under this subsection, the
DEVELOPER and OWNER hereby waive any appeal rights otherwise available
pursuant to Minn. Stat. ~ 429.081.
1.2) DEVELOPER REMEDIES. ExceR.1.al> setlorth in Section 17.5. if a DEFAULT
~ISJhat is not caJlScl.by FORCE MAJEURE. the DEVELOP!iR.sh.all give the CITY
FORMAL NOTICE of the DEFAULT and the CITY shall have thirty (30) working davs to
~~heJ2.EfAULT with the DEVELOPER. Ifthti:lTY. after FORMAL NOTICE to it by
the DEVELOPER. does not cure the DEFAULT within thirty (30) working davs thereafter. then
the DEVELOPER may avail itself of any remedy afforded by law and any of the following
cumulative. non-exclusive remedies.
(f) the DEVELOPER may soecifically enforce this PUD CONTRACT:
(g) the DEVELOPER may susoend any work,imlllQYrnlent or obligation to be
oerformed bv the DEVELOPER onlv with resoect to the PHASE affected by the
DEFAULT:
(h) the DEVELOPER may. at its sole opJion,.perform the work or imorovements to
be oerformed bv the CITY. in which case the CITY shall within sixtv (60) davs
~rillim...billinl! bv the DEVELOPER~ilT!hllrSe the_DEVELOPER for a...nY...
reasonably necessarv costs and exoenses incurred bv the DEVELOPER to cure
the DEFAULT
1.3) -l+:2tPUD CONTRACT TERMINATION DEFAULTS. DEFAULTS by the
DEVELOPER which have not been remedied shall permit the CITY to terminate the PUD
CONTRACT and repeal the PUD ORDINANCE aftcr following the procedures set forth in
Section 17.1 above:
(h) Failure by the DEVELOPER to commence DEVELOPMENT of PHASE I within
one (I) year from the date of completion of construction of 195th Street.
IkOOHfles for subseq~Jlhases EFMT Phase II 1 iTS.. Phase 1+1-7 yrs!
(i) Defaults by the CITY which haye not been remedied shall oermit the
DEVELOPER to terminate the PUD CONTRACT and rescind its dedication
QbljP;ailims.....thIilluililegal or eauitable remedies~ecessarv. CITY failure to
como\ete construction of 195th Street with the bridge by r DATE 1 shall be a
material breach.
1.4) ++.J1-NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. If any
agreement contained in this PUD CONTRACT is breached by the DEVELOPER or OWNER
and thereafter waived in writing by the CITY, such waiver shall be limited to the particular
breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent
breaches hereunder. All waivers by the CITY must be in writing to be effective.
1307J2~07
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1.5) ++.4j-NO REMEDY EXCLUSIVE. Except as provided in Section ~17.2, no
remedy herein conferred upon or reserved to either party shall be exclusive of any other available
remedy or remedies available to the parties under Minnesota law, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given under the PUD
CONTRACT or now or hereaftcr existing at law or in equity or by statute. No delay or omission
to exercise any right or power accruing upon any DEFAULT shall impair any such right or
power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed cxpedient. In order to cntitle the
CITY to exercise any remedy reserved to the CITYherein, it shall be necessary to give notice as
provided in Section +&,+,;17.1 or 17.2.
1.6) ~EMERGENCY. If DEVELOPER'S DEF AUL T creates an imminent threat
to life, safety, or health of the public, the CITY, without affirrnative duty to do so, may procecd
immediately to cure the DEFAULT and thereafter proceed pursuant to the provisions of Section
17.1.
1.7) ~DlSPUTES. If the CITY and DEVELOPER arc in dispute as to whether
either is in default of the terrns of this PUD CONTRACT, then the party who prevails in the
dispute shall be entitled to reimbursement from the other for all costs and expenses incurred by
the prevailing party related to the dispute.
ARTICLE 18.
PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
1.1) ADDITIONAL IMPROVEMENTS. If the DEVELOPER requests the CITY to
construct the PUBLIC IMPROVEMENTS and reimburses the CITY for its costs associated with
preparation ofa feasibility study and other costs for plans and specifications therefore, the CITY
may install and construct the PUBLIC IMPROVEMENTS. In such case, the CITY, at its option,
may specially assess the cost wholly or in part therefore under Minnesota Statutes Chapter 429,
provided that the DEVELOPER first had the opportunity to rcview the plans and specifications
and the bids and deterrnine whether it wishes the CITY to proceed with the contract before bid
award. If the DEVELOPER requests the CITY not to proceed, the CITY shall not award the bid
for public construction of the PUBLIC IMPROVEMENTS. If the CITY proceeds to install the
PUBLIC IMPROVEMENTS pursuant to this Section 18.1 and assesses the cost of any portion
thereof, then pursuant to M.S. ~ 462.3531 the OWNER and DEVELOPER by separate document
shall waive any and all procedural and substantivc objections to the installation of the
irnprovements and the special assessments, including, but not limited to, notice and hearing
requirements and any claim that the special assessments exceed the benefit. In such instance, the
OWNER and DEVELOPER by separate document shall waive any appeal rights otherwise
available pursuant to Minnesota Statutes ~ 429.081 relating solely to such PUBLIC
IMPROVEMENTS, and the OWNER and DEVELOPER shall acknowledge that the benefit
from the improvements equal or exceeds the amount of the special assessments, as provided in
M.S. ~ 462.3531.
lmiel!Ssion of ] 95th Strcfi...sp'eeilll assessments
!:J0712~
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1.2) OBLIGATION FOR PAYMENT OF SPECIAL ASSESSMENTS. +fieln the
event reauested bv the DEVELOPER. the DEVELOPER hereby agrees to pay the special
assessments for the PUBLIC IMPROVEMENTS pursuant to M.S. ~ 462.3531 as and when said
special assessments become due and payable. Subject to Section 7.8 above. the foreRoinRJioes
not constitute a waiver or acauiescence by DEVELOPER to any s~ecial assessments for the cost
Q[an~ PUBLJC IMPROVEMENTS within the.SlLBJECT PROPERTY.
1.3)-i' 18.3) ;P A Y -OFF OF ASSES~MENTS.:..~.he.~e.Y.e.~.!h~ <;:J.TXjs~l).e~.~~' uum_..-..-{ Formatted: Not Strikethrough
ocCUpancy permit for a home constructed on a lot. then at such time the special assessments I
pending or levied against that lot shall be paid in full. together with the accrued interest thereorl-
~NHeflc\'cr tHC CITY issucs an occupancy pcrmit for a home cOflstructcd Ofl a lot, tHcn at such
timc tHC spcciul assessments p~g o.Llc.Yicd aga:i:n.st tHat lot shall be paid in full, togetHer wit@
the accrucd intcrest thcrcOlIThe DEVELOPER will be released from its oblil!ations for soecial
assessments relating to a specific PHASE u~~~ent of ~lli;h asse.ssmcnts <llmlicabk..__u_.-.---{ Deleted: a om rala share of
to the DEVELOPMENT.
1.4) WATER TOWER. At or before the approval of PHASE I. t);1~ CITY will .mm.u____.-----{ Deleted: I
ourchase land for its orooosed water tower. to be located on the east side of the JllQPosed central
oark. under terms of an agreement between it and the DEVELOPER.
ARTICLE 19.
MISCELLANEOUS
1.4) NO THIRD PARTY RECOURSE. Third parties shall have no recourse against
the CITY, OWNER or the DEVELOPER under this PUD CONTRACT.
1.5) TIM E OF TH E ESSENCE. The oarties agree that time is of the essence in the
successful comRletion of the oblil!ations orovided for in this PUD CONTRACT.
. I 1.6). CONSE~T TO AMENDMENTS. The CITY agre~that changes to t~e PUD ....f Deleted: ~~~~:~~:blvcOllfOnl1I0
PLANS .whlch are r~glllred ba~ed on feder~1 or state. I~w WIll not be unre~~onablx wl!hh~ld. .mm_/" l the pun CQ!',!IRACI Q[
~ 19.4) VALIDITY. If any portion, section, subsection, sentence, clause, paragraph
or phrase of this PUD CONTRACT is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portion of this PUD CONTRACT.
1.8) ~FEDERAL AGENCIES. If the DEVELOPER requires any evidence of this
PUD CONTRACT or DEVELOPMENT CONTRACT for a PHASE for the purpose of escrow
requirements of the Federal Housing Administration, the Veterans Administration, or any other
United States government agency, the CITY will provide same at the request of the
DEVELOPER so the escrow deposit, herein provided for, may be considered a deposit in lieu of
the deposit normally made with such governmental agencies to guarantee the completion of
required improvements.
1.9) -l-9-Aj-RECORDING. The PUD CONTRACT and PUD ORDINANCE or a
memorandum summary thereof shall be recorded with the COUNTY Recorder, and the OWNER
and DEVELOPER shall provide and execute any and all documents necessary to implement the
recording. At the request of DEVELOPER from time to time, the CITY Administrator will
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provide a recordable instntment certifying the extent to which the DEVELOPER is in
compliance with the PUD CONTRACT and the PUD ORDINANCE.
1.10) ESTOPPEL CERTIFICATES. The CITY shall. at any time and /i"om time to
tLm.e.JJQon not less than ten ([ 0) dayLRrior notike...by Develop~L..~~~nQ.wledge. and
deliyer to Develooer a statement in writing certifving that this Al!reement is unmodified and in
full force and effect (or ift~all have been modifications that this AgreemenLitin.lllll force
and effect as modified and stating the modifications) and statinl! whether or not (to the best
knowledge of City) Develooer is in default in the oerforrnance of any covenant. agreement. or
condition contained in this Agreement and. ifso. soecifying each such default ofwhiQ.h City ma.Y
have knowledge. it being intended that anv such statement delivered pursuant to this section shall
be in a form aooroved by and may be relied upon by an): orosoective assignee of DeYelo~
interest in this Agreement or any mortgagee of the Prooerty or any assignee of any mortgage
uQon the Prooerty.
1.11) ~BINDING AGREEMENT. The parties mutually recognize and agree that
all terms and conditions of this recordable PUD CONTRACT shall run with the SUBJECT
PROPERTY, and shall be binding upon the heirs, successors, administrators and assigns of the
OWNER and DEVELOPER.
1.12) ~CONTRACT ASSIGNMENT. Thc DEVELOPER may not assign this PUD
CONTRACT except to an efltity in which the DEVELOPER has a controlling
ffiterestAFFILlA TE. without the written perrnission of the COUNCIL,.__Ih~__Q~Y.~hQ~~~.'.~.______.__-----
obligations hcreunder shall continue in full force and effect until completion of
IMPROVEMENTS on the last PHASE, even if the DEVELOPER sells one or more lots.
However, upon completion of its obligations pursuant to a DEVELOPMENT CONTRACT for a
PHASE, the DEVELOPER shall be relieved of its obligations hereunder for that PHASE.
1.13) SYSTEM NOT A PARTY. The oarties acknowledge that the SYSTEM is not a
milly to the PUD CONTRACT and is merely a limited oartner of an AFFILIATE of
DEVELOPER. Notwithstandinl! any other term or orovision of this PUD CONTRACT.
SYSTEM shall have no liability hereunder and no personal or direct liaJilli1y-shalJ at anv time be
asserted or enforceable al!ainst SYSTEM. its board. or anv member arising out of or related to
the PUD CONTRACT. The CITY al!rees that it shall look solely to the assets of the
DEVELOPER for the enforcement of any claims arisinl! hereunder or related hereto and waives
IDlY claim al!ainst SYSTEM. irrespective of the comI)liance or noncompliance now or in the
future with any reauirements relating to the limitation of liability of members under any
QQeratinR-aRreement of which SYSTEM is a..ID~natorv. The CITY acknowledges that the
DEVELOPER is obligated to obtain this waiver from each oarty with whom the DEVELOPER
does business when the contract nrice exceeds One Hundred 1:lllli!sand Dollars ($1 OO.OOOtallil
that this and each contractual relationshio would not be created exceot with the inclusion of this
proVISIon.
1.14) +9,--1j-AMENDMENT AND WAIVER. With respect to the PHASES, the CITY
and the OWNER and DEVELOPER for that PHASE hereto may by mutual written agreement
amend this PUD CONTRACT in any respect for that PHASE. Any party hereto may extend the
time for the performance of any of the obligations of another, waive any inaccuracies in
representations by another contained in this PUD CONTRACT which inaccuracies would
I 3(j711vOl
Deleted: ..whichilpprQvalwiU nill",
unrea_so_nably with~~!d
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otherwise constitute a breach of this PUD CONTRACT, waive compliance by anothcr with any
of the covenants contained in this PUD CONTRACT and performance of any obligations by the
other or waive the fulfillment of any condition that is precedent to the performance by the party
so waiving of any of its obligations under this PUD CONTRACT. Any agreement on the part of
any party for any such amendment, extension or waiver must be in writing. No waiver of any of
the provisions of this PUD CONTRACT shall be deemed, or shall constitute, a waiver of any
other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
1.15) +9-,&f-GOVERNING LAW. This PUD CONTRACT shall bc governed by and
constmed in accordancc with the laws of the State of Minnesota.
1.16) +9,.9j-COUNTERP ARTS. This PUD CONTRACT may be executed in any
number of counterparts, each of which shall be deemed an original but all of which shall
constitute one and the same instrument.
1.17) +9:-J..(}j-HEADINGS. The subject headings of the paragraphs and subparagraphs
of this PUD CONTRACT are included for purposes of convenience only, and shall not affect the
construction of interpretation of any of its provisions.
1.18) +9-:+-4-ACCESS. The DEVELOPER and OWNER hereby grant to the CITY, its
agents, employees, officers, and contractors a license to enter the SUBJECT PROPERTY J~.mm___------{ Deleted: dllIingre""lar business hours
perform all work and inspections deemed appropriate by the CITY during thc installation of any __ Deleted: orovided the CITY shall
improvements by the CITY ../ provide reasonable adva~cUl~tice of its
'l. - - - __. __ _. - - - - - - - - - - - - - - - - - - __ - - - - - - - - - - - - - - - - _. __ - - - _. - - - - n_ - - - - - - - - - - -- - -- - - - -- -- _.u -- -- - ----' mte_m~9-ns_Jo-,-,ensu!:-e:ll~dls!-UPJ'!9n J.o-=
DEVElOPER'S work on lite FA/RllIIl
1.19) .I 2.. IlfCONVEY ANCES. All conveyances to the CITY shall be by plat fRillECI
dedication. easement or~ warranty deed, subject only to PERMITI'ED ENCUMBRANCES
and subject to drainage, ponding access and utility and.1rniLeasements that are necessary for the
FAIRHILL PROJECT.
1.20) NON-DISCRIMINATION OF PARTIES AND AFFILIATES. During the term
ofthe..Ell.!:LCONTRACT. no oarty nor any AFFILIATES. emplQy.ees or agents shall unlawfully
discriminate al!ainst any emoloyee or aoolicant for emolovrnent because of race. religion. color.
llilti!LnaLm:iRin...ancestrv. ohvsical handicao. medical condition. marital status. al!e (over 40) or
sex. Each oartv and any AFFILIATES. emolovees and agents shall assure that the evaluation
~aLment of their emoloyees and aoolicants for emplovrnent are free of such discrimination.
Each oarty and any AFFILIATES. emoloyccs and al!ents shall giye written notice of their
resoective oblil!ations under this clause to labor organizations with which they have a collective
bargaining or other al!reement. The foregoinl! nondiscrimination comoliance orovisions shall be
included in all written contracts and subcontracts to oerform work or orovide services un.rl.cr..Qf
oursuant the PUD CONTRACT. DurinJUbe term of the PUD CONTRACL.e.ach lliII1Y..and aID'.
AFFILIATES. emolovees and a,gents shalI conduct their resoective activities in accordance with
Title VI of the Civil Rights Act of 1964 and the rules and regulations oromulgated thercunder.
1.21) OTHER PERMITS AND COOPERATION. The DEVELOPER shall obtain all
necessary approvals. permits and licenses from the CITY and the OTHER REGULA TORY
AGENCIES. Maior design requirements of any such entities shall be determined prior to
construction and incorporated into the FINAL PLAT PLAN. The CITY will coooerate with the
DEVELOPER rel!arding issues arising from construction of sanitarv sewer...storm sewer and
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)\ia.ier imurovements under the railroad tracks. Thu::;ITY will cooRfrate with the DEVE~
lQ...s..e~qllested access from MnDOT t!Ltb..e.SllBlECT PROPERTY and..~olve issues
retnmg to the TH 3 interchan~
1.22) +9+1j-DEF[NITIONS. Certain terms used in this PUD CONTRACT are defined
as follows:
(a) 19STH STREET [MPROVEMENTS. "19STll STREET [MPROVEMENTS"
means the improvements to future Dakota Countv Road 64 frQ!1Lone mile east oC
Countv State Aid Highwav 31 (Pilot Knob Road) to Trunk Highwav 3 in the
CITY. as soecified in Dakota County Proiect No. 64-18.
(b) FAIRHILL PROJECT. "F:\IRHILL PROJECT" means thc DEVELOPMENT of
the SUBJECT PROPERTY ifl accord with thc PUD CONTROLS.AFFILlATE.
"AFFILIATE" or "AFFILIATES" means with resoect to PERSON or PERSONS
that. directly or indirectly. through one or more intermediariesSQntrols or is
controlled bv. or is under common control with. such PERSON. For ourooses
hereof. the term "control" (including the terms "controlled by" and "under
common control with" shall mean the oossession. directly or indirectly. of a
CONTROLLING INTEREST.
(c) CITY. "CITY" means the City of Farmington, a Minnesota municipal
corporation.
(d) COMP PLAN. "COMP PLAN" refers to the Comorehensive Plan of the City.
Qreoared and adopted. pursuant to Minnesota Statutes. Cha~r 462.
(e)
fet{;OMP PLAN AMENDMENT. ::COMP PLAN AMENDMENT" means the
Comprehensive Plan amendment for the SUBJECT PROPERTY, as approved by
the COUNCIL on June [8, ~2006 and as amended on ..
2008.
(t) CONTROLLING [NTEREST. "CONTROLLING INTEREST" means the
ownershiQ. directlv or indirectly. of. or other leRal right to direct the votinJUrl'..
fiftv oercent (SO%) or more of the voting interests in a PERSON or the l!overning
bodv of such PERSON.
(g) (d1-COUNCIL. "COUNCIL" shall mean the goyerning body of the CITY.
(h) WCOUNTY. "COUNTY" means Dakota County, Minnesota.
(i) tfj-DEF AUL T. "DEFAULT" means and includes, jointly and severally, any of
the following or any combination thereof:
(1) failure by the DEVELOPER after notke to timely pay the CITY any
moncy, including without limitation special assessments or CITY
invoices, required to be paid under this PUD CONTRACT;
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(2)
failure by the DEVELOPER llfkI..llQtic~to construct the PHASE
IMPROVEMENTS for each PHASE according to the DEVELOPMENT
CONTRACT;
(3) failure by the DEVELOPER after notice to observe or pcrform any
covenant, condition, obligation or agreement on their part, either jointly or
severaIly, to be observed or performed under this PUD CONTRACT and
the DEVELOPMENT CONTRACT; and
(4) failure by the DEVELOPER after notice to develop the SUBJECT
PROPERTY according to the PUD CONTROLS.
U) (gj-DEVELOPER. "DEVELOPER" means Nc.....land Communitics, a Calif-omia
corporation Astra Genstar Partnershio. LLP. a Minnesota limited liability
R-<lJ1n~rshiQ, and the AFFILIATES. assigns and successors thereof. DEVELOPER
also means any person or entity, except the CITY, that undertakes
DEVELOPMENT of the SUBJECT PROPERTY.
(k) fhrDEVELOPER IMPROVEMENTS. "DEVELOPER IMPROVEMENTS"
means those improvements which DEVELOPER is obliged to construct pursuant
to a DEVELOPMENT CONTRACT or this PUD CONTRACT.
(I) fB-DEVELOPMENT. "DEVELOPMENT" means use of the SUBJECT
PROPERTY and any construction on or improvement of the SUBJECT
PROPERTY by thc OWNER or DEVELOPER pursuant to the PUD CONTRACT
and PUD PLANS. DEVELOPMENT includes, but is not limited to, grading,
construction of buildings or structures and installation of PI-lASE
IMPROVEMENTSMd DEVELOPER IMPROVEMENTS. DEVELOPMENT
also includes material alteration of the SUBJECT PROPERTY and includes tree
removal and any excavation by DEVELOPER or OWNER.
(m) ffi-DEVELOPMENT CONTRACT. "DEVELOPMENT CONTRACT' means a
contract between the CITY and the DEVELOPER for each PHASE, in
accordance with the PUD CONTRACT and PUD PLANS, which contract
specifies the detailed DEVELOPMENT requirements for that PHASE, identifies
the responsibilities for installation of streets and utilities and provides financial
assurances for completion by DEVELOPER of the DEVELOPER
IMPROVEMENTS and the streets and utilitics on or abutting the PHASE.
(n) FAIRHILL PROJECT. "FAIRHILL PROJECT" means the DEVELOPMENT of
the SUBJECT PROPERTY in accord with the PUD CONTROLS.
(0) ~FINAL PLAT. "FINAL PLAT" means the final plat, preceded by or
concurrent with a PRELlMINAR Y PLAT, for each PHASE approved by the
COUNCIL, which plat shows the buildable lots on the PHASE and the public
easements and public streets and the other information necessary to record the
plat.
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(p)
fI1-FINAL PLAT PLANS. "FINAL PLAT PLANS" means the FINAL PLAT, the
DEVELOPMENT CONTRACT, and PUD PLANS approved by the CITY
pursuant to its SUBDIVISION ORDINANCE for each PHASE that shall address
the following:
(0) grading
(0) wetlands
(0) surface water quality
(0) storm water controls, erosion controls and drainage
(0) street and lot layout
(0) parks and trails
(0) utilities
(0) landscaping
(0) basement elevations
(0) slgnage
(0) easement for public utilities.
(a)
fmj-FORCE MAJEURE. "FORCE MAJEURE" means acts of God, including,
but not limited to, floods, ice storms, blizzards, tornadoes, landslides, lightning
and earthquakes (but not including reasonably anticipated wcather conditions for
the geographic area); riots, insurrections, war or civil disorder affecting the
performance of work, blockades, power or other utility failures, fires or
explosions, labor strikes, terrorllim....unknown soil conditiQllS..and unavailability of
commercially reasonable financing and availabilitv of building materials.
(a) (flj-FORMAL NOTICE. "FORMAL NOTICE" means notices giyen by one party
to the other ifin writing and ifand when delivered or tendered either in person or
by depositing it in the United States mail in a sealed envelope, by certified mail,
return receipt requested, with postage and postal charges prepaid, addressed as
follows:
If to CITY: PdeLJ. Herlofsky. Jr.
City Administrator
City of Farmington
325 Oa~
Farminl!ton. MN 55024
Joel Jamnik. City Attorney
Camobell Knutson P A
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1380 Coroorate Center Curve
Sui~l
Eagan. MN 55121
If to OWNER: To the address shown on Exhibit A. James M. Seed. as Trustee of
the Fred M. Seed Living
Trust of 1979
If to DEVELOPER: Shelly White
Newland Communities Midwest
11400 Ivywood Trail
Woodburv. MN 55129
Dou&li!lReman. EsQ.
Newland Communities
9820 Towne Centre Drive
Suite 100
San Diego. CA 92121
Peter J. Coyle. Esa.
Larkin Hoffman Daly & Lindgren Ltd.
7900 Xerxes A venue South
Bloomington. MN 55431
or to such other address as the party addressed shall have previously designated by notice
given in accord with this Section. Notices shall be deemed to have been duly given on
the date of service if served pcrsonally on the party to whom notice is to be given, or on
the third day after mailing if mailed as provided above, provided, that a notice not given
as above shall, ifit is in writing, be deemed given ifand when actually received by a
party.
(a) WGRADlNG PLAN. "GRADING PLAN" means that certain Grading,
Drainage and Erosion Control Plan (PUD-16, 17). Once approved by the
COUNCIL, the GRADING PLAN shall be part of the PUD PLANS, together
with any additions or changes approved by the COUNCIL pursuant to the PUD
ORDINANCE.
(t) INITIAL 1951H STREET IMPROVEMENTS. "I~ITIAL I 95TH STREET
IMPROVEMENTS" means the first two lanes of the 195 STREET IMPROVEMENTS
as..Jk1ailed in the Feasibilitv Sludv for 195th Street dated . including without
limitation..excavatiQn of roadbed and drainage_m:~~aS,lls well as,installation oCuli lities.
drainaRejrails and roadway surface imnrovements.
(u) JOINT POWERS AGREEMENT. "JOINT POWERS AGREEMENT" means the
Joint Powers Agreement dated December 13.2006. R(, and between the County of
Dakota. Minnesota and the CITY regarding the 1951 STREET IMPROVEMENTS.
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6'H~--OPTION PROPERTY. "OPTION PROPERTY" means lands contained within
the SUBJECT PROPERTY in which the DEVELOPER has a contract interest, whether
by option, purchase agreement, or contract for deed.
UYlWOTHER REGULATORY AGENCIES. "OTHER REGULATORY AGENCIES"
means and includes, jointly and severally, the following:
(0)
(0)
(0)
(0)
(0)
(0)
(0)
(0)
(0)
(0)
(0)
(0)
. (0)
Minnesota Department of Transportation
Dakota County ("COUNTY")
Dakota County Highway Department
Vermillion River Watershed District
State of Minnesota
Minnesota Pollution Control Agency
Metropolitan Council
Minnesota Department of Natural Resources ("DNR")
U.S. Army Corps of Engineers
Minnesota Department of Health
Minnesota Board of Water and Soil Resources
Minnesota Environmental Quality Board
any other regulatory or governmental agency or entity affected by, or
having jurisdiction over DEVELOPMENT on the SUBJECT PROPERTY.
(x) PERSON. "PERSON" means any individual. corooration. oartnership. limited
liability company. ioint venture. association. ioint stock comoany. trust. unincoro~d
organization or government or anv citv or oolitical subdivision thereof.
(y) SYSTEM. "SYSTEM" means the California Public Emplovees' Retirement
Svstem.
w-fltUTILlTY PLAN. "UTILITY PLAN" means that certain Utility Plan (PUD-18,
19) prepared for the SUBJECT PROPERTY.
(a) €st-OWNER. "OWNER" means, jointly and severally, the persons and entities
identificd on the attached Exhibit H, and the heirs, successors, and assigns
thereof.
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(u)
ftj-QWNER WARRANTIES. "OWNER WARRANTIES" means that the
OWNER, jointly and severally, hereby warrants and represents the following:
(1) AUTHORITY. OWNER has the right, power, legal capacity and
authority to enter into and perform its obligations under this PUD
CONTRACT, and no approvals or consents of any persons are necessary
in connection with the authority of OWNER to enter into and perform its
obligations under this PUD CONTRACT.
(2) NO DEFAULT. OWNER is not in default under any lease, contract or
agreement to which it is a party or by which it is bound which materially
would affect performance under this PUD CONTRACT. OWNER is not a
party to or bound by any mortgage, lien, lease, agreement, instmment,
order, judgment or decree which would prohibit the execution or
performance of this PUD CONTRACT by OWNER or prohibit any of the
transactions provided for in this PUD CONTRACT.
(3) FEE TITLE. OWNER owns fee title to the respective
PARCEL(S)eARC.ELS as aflt!-teim;Juded in the ~PUD PLANS and
aLshown on Exhibit A.
(v) WOPEN SPACE PLAN. "OPEN SPACE PLAN' means that certain Open
Space Plan (PUD-09) depicting parks, trails, landscape buffers, greenways,
wetlands, ponds and any additions or changes approved by the COUNCIL
pursuant to the PUD ORDINANCE and PUD PLANS.
(w) (-4PERMITTED ENCUMBRANCES. "PERMITTED ENCUMBRANCES"
means easements of record that do not interfere with the use intended.
fwf-PHASE I. "PHASE I" shall mean tflatall or a portion ofthc SUBJECT
PROPERTY --wfficll is depicted on the PRELlMINAR Y PLAT (PP-02).
(y) W-PHASE IMPROVEMENTS. "PHASE IMPROVEMENTS" are those
PUBLIC IMPROVEMENTS required to be installed by the DEVELOPER for a
particular PHASE of the DEVELOPMENT.
(x)
(z) b+PHASES. "PHASES" means those land areas identified as PH.^.SES, or
portions thercof, on thc Phasing Plan (PUD 07)ohases or stages for develo~ment
of the SUBJECT PROPERTY.
(aa) W-PRELIMINARY PLAT. "PRELIMINARY PLAT" means that preliminary
plat for PHf.SE I approved by the GfALCOUNCIL on ...
2008. and the PRELIMINARY PLAT for subsequent PHASES as and when
prcparedaooroved.
(bb) faarPUBLIC IMPROVEMENTS. "PUBLIC IMPROVEMENTS" means those
elements of urban infrastructure, whether installed by DEVELOPER or CITY,
oyer which the CITY ultimately accepts ownership and maintenance
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responsibility, including without limitation, streets, sanitary sewer, storm sewer,
storm water oonds. water lines, sidewalks, trails, and boulevards.
(a)
t9l+PUD CONTRACT. "PUD CONTRACT" means this contract by, between
and among the CITY, OWNER and DEVELOPER.
(a) (eej-PUD CONTROLS. "PUD CONTROLS" means and includes, jointly and
severally, the following:
(0) PUD ORDINANCE
(0) PUD PLANS
(0) PUD CONTRACT
(0) FINAL PLAT
(0) ZONING ORDINANCE
(0) SUBDIVISION ORDINANCE.
(a) fddj-PUD ORDINANCE. "PUD ORDINANCE" means Chapter _ ofTitle_
of the City Code ofthc City of Farmington creating PUD Zoning, which
ordinance sets forth the land use restrictions and other zoning regulations relating
to the SUBJECT PROPERTY. The PUD ORDINANCE excludes any
amendments, modifications or additions made by the CITY during the term of the
PUD CONTRACT.
(a) (eet-PUD PLANS. "PUD PLANS" means all thosc plans, drawings,
specifications and surveys identified on the attached Exhibit 13, and hereby
incorporated by reference and made a part of this PUD CONTRACT.
(ft) SCHEMATIC PUD PL,\N. "SCHEM,\TIC PUD PLAN" means that certain land
use plan showiflg the deyclopmcnt concept uses, aCflsities and acrcages for the SUBJECT
PROPERTY. Thc SCHEMATIC PUD PU.N is labelcd Schematic PUD Diagram and
was appr-oved b)' the City Council on Junc 18, 2006. ifl conjunction with the COMP
PU.N .\MENDMENT.
(gg) UTILITY PL,\N. "UTILITY PL:\N" means that ccrtain plafl showing thc major
drainage and watcrway improvemcnts to adcquatcly move storm water away from the
SUBJECT PROPERTY.
(a) fflht-SUI3DIVISION ORDINANCE. "SUBDIVISION ORDINANCE" means
Title II of the Farmington City Code, cxcluding any
changes adopted by the CITY during the term of the PUD CONTRACT.
(a) fiij-SUBJECT PROPERTY. "SUBJECT PROPERTY" means in the aggregate
and jointly and severally all of the PARCELS and real estate described on the
attached Exhibit A.
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(a)
(jf)-SUI3SEQUENT PHASES. "SUBSEQUENT PHASES" means all PHASES
of the DEVELOPMENT other than PHASE I.
(a)
tkkt- TRAIL PLAN. "TRAIL PLAN" means that certain OPEN SPACE AND_
AMENITIES PLAN dated showing the location of various
trails throughout the SUBJECT PROPERTY. When approved by the COUNCIL,
it will be part of and contained within the PUD PLANS. The TRAIL PLAN also
includes additions or changes approved by the COUNCIL pursuant to the PUD
ORDINANCE.
(a) 11:[1 UJ:YJ~LA :ti~1::I LLTY_EL8. ~.'.'.J1]ean.s_ thaCc.ena ill. [11an..shmrimuhc_maillL
drainage and waterwav imorovements to adeauately move storm water away from
the SUBJECT PROPERTY.
(a) tI-l)-UTILITY COMPANIES. "UTILITY COMPANIES" means and includes,
jointly and severally, etethe following:
(0) utility companies, including electric, gas, telephone and cable television;=
and
(0) pipeline companies.
(a) fmmt-WETLAND ACT. "WETLAND ACT' means all local, state, COUNTY,
CITY, and federal laws and regulations relating to water and wetlands, including,
but not limited to, Section 404 of the Clean Water Act (33 U.S.c. 1344),
Minnesota Statute Chapters 103A through 103G, and all rcgulations promulgated
pursuant thereto. WETLAND ACT also includes all additions, modifications and
regulations subsequent to that version of the WETLAND ACT which exists on
the date hereof.
(a)
fm+ZONING ORDINANCE. "ZONING ORDINANCE" means TitleXIO of the
Farmington City Code, as amended from time to time, excluding any changes
adopted by the CITY during the term of the PUD CONTRACT.
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IN WITNESS WHEREOF, the parties have executcd this PUD CONTRACT.
CITY OF FARMINGTON
1979:
OWNERFRED M. SEED LIVING TRUST OF
(DA TE:
(DATE:
By:
By:
Mayor
By:
By:
~James M. Seed
Its Trustee and not individually
A TIEST:
City Clerk
(DATE:
DEVELOPER:
NEWLAND COMMUNITIES
(DA TE:
ASTRA GENSTAR PARTNERSHIP. LLP
(DATE:
l3y:_
Its:
l}OZ!2v07
Its:
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPINDAKOTA
On this _ day of , ~2008. bcforc mc a Notary Public within and for said
County, personally appcarcd and , to mc
pcrsonally known, who bcing cach by mc duly sworn, cach did say that thcy arc rcspcctivcly thc Mayor
and Clcrk ofthc City of Farmington, thc municipality namcd in thc foregoing instrumcnt, and that thc scal
affixcd to said instrumcnt was signcd and scalcd in bchalf of said municipality by authority of its City
Council.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPINDAKOTA
On this _ day of , ~~ bcfore mc a Notary Public within and for said
County, pcrsonally appcarcd , to mc pcrsonally known, who being cach by
me duly sworn, did say that hc is thc of
thc corporation namcd in thc forcgoing instrumcnt, and that said instrumcnt was signcd and scaled in
bchalf of aid corporation by authority of its Board of Directors.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPINDAKOTA
On this _ day of , ~~ bcforc mc a Notary Public within and for said
County, pcrsonally appeared , to mc pcrsonallY known, who being each by
me duly sworn, did say that hc is thc ofNcwland Communities, thc
corporation namcd in thc forcgoing instrument, and that said instrumcnt was signed and scaled in behalf
of aid corporation by authority of its Board of Directors.
Notary Public
~illlli2J.
1307)2vO:i',
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EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
The South One-Half of the Southeast One Ouarter of Section 7. Townshio 114. Range 19.
according to the Government Survey thereof. Dakota County. Minne~
AND:
TI~hwest.Qne QuarteL-lh~eas1D.lle Ouatler. the Southeast One Qll.ill1e.Land..1M..
Southwest One Ouarter. all in Section 18. Townshio 114. Range 19. accordinl! to the
Government Survey thereof. Dakota County. Minnesota.
AND:
The Northwest One Ouarter and the Northeast One Ouarter of Section 19. Township 114. Ran~
12, according to tb~ernmenLSurveY thereof. Dakota County, Min!1esota~
EXCEPT the following described oarcels:
That oart of the Northeast Ouarter and the Northwest Ouarter of Section 19 and the Southwest
Ouarter and the Northwest Ouarter of Section 18. all in Townshio 114. Range 19. Dakota
County. MinnesQta0ies.cribed-<1sJlliJ~
Commencing at the East Ouarter Corner of said Section 19: thence North 89 ~~inlltes
19 seconds West. assumed bearinl!. alonl! the south line of said Northeast Ouarter of Section 19.
a distance of 1839.93 feet to the easterlv right-of-wav line of Chicago. Milwaukee & St. Paul
Railwav Comoany and the actual ooint ofbeginninl! of the land to be described: thence North 89
degrees 59 minutes 19 seconds West. continuing alonR said south line. a distance of 107.88 feet
to the westerly right-of-way line of said Chicago. Milwaukee & St. Paul Railwav Comoanv:
thence North 22 degrees 0 I minutes 41 seconds West..along said w~v ril!ht-of-way lineJL
distance of 2.839.35 feet to the north line of said Northwest Ouarter of Section 19: thence North
89 degrees 47 minutes 56 seconds West. along said north line and continuin~ said westerly
tight-of-way line. a distance of 16.20 feet: thence North 22 degrees 01 minutes 41 seconds West.
continuing along said westerly right-of-way line. a distance of 1.433.45 feet to the north line of
the Southeast Ouarter of said Southwest Ouarter of Section 18: thenc_e North 89 degrees 49
minutes 14 seconds West. along said north line and continuing along said westerlv right-of-way
line. a distance of 16.20 feet: thence North 22 degrees 0 1 minu~seconds W est. ~n1inuinR.
along said westerlv right-of-way line. a distance of 1.433.0 I feet to the north line of said
Southwest Ouarter of Section 18: thence North 89 del!rees 50 minutes 32 seconds W est. alon~
said north line and continuing alonl! said westerly right-of-wav line. a distance of21.60 feet:
thence North 2z..degrees 01 minutes 41 seconds West. continuing alonR-Said westerly right-of-
way line. a distance of 835.90 feet: thence northerly. continuinl! along said westerly right-of-way
line. along a tangential curve. concave to the east..haYiDg a central anl!le of 0 I degrees 52
minutes 46 seconds. a radius of 3.920.92 feet and an arc distance of 128.62 feet: thence North 69
degrees 51 minutes 05 seconds East. continuinRalol]gsaid westerly right-of-wav line. not
tangent to said last curve. a distance of 50.00 feet: thence northerlv. continuing alonR said
westerly ril!ht-of-wav line. along a non-tangential curve. concave to the ea~ having a central
130ZL2v07
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~Ie of 34 degrees 11 minutes 01 seconds. a radius of 2.915.51 feet and an arc distallIT..Q[
1.739.43 feet. the chord of said curve bears North 03 degrees 03 minutes 25 seconds West to the
north line of said Northwest Quarter of Section L8.~ thence_S.QlI.t~~es 53 minutes 09
seconds East. along said north line. not tangent to said last curye. a distance of 103.14 feet to said
easterly right-of-way line ofChical!o. Milwaukee & St. Paul Railway Comoanv: thence
southerly. alonl! said easterlYLight-of-wav line. alon~JUlQJl~ential curve. concave to the east.
having a central angle of 26 degrees 56 minutes 0 I seconds. a radius of 2.815.51 feet and an arc
distanCJ~ of 1.321.51 feet to the north line of the Southwest Ouarter of said Northwest Ouarter of
Section 18. the chord of said curve bears South 0 I degrees 04 minutes 24 seconds West: thence
South 89 degrees 51 minutes 50 seconds East. along said north line and continuinJLalong said.
easterly right-of-wav line. not tangent to said last curve. a distance of 51.24 feet: thence
southerly. continuinR along said easterly right-of-way line. alon~ a non-tangential curve. concaye
to the east. havinl! a central angle of 07 degrees 31 minutes 29 seconds. a radius 0[2.765.51 feet
and an arc distance of 363. I 9 feet. the chord of said curve bears South 16 degrees 23 minutes 10
seconds East: thence southerly. continuing along said easterlv right-of-way line. alon!Ul.
tangential compound curve.~ve to the east. havinl! a central angle of 0l....d.e~2...111i.!lu.tIT.
46 seconds. a radius of 3.720.92 feet and an arc distance of 122.06 feet: thence South 22 del!:rees
01 minutes 41 seconds Ea.st. continuinl! along said easterlv right-of-wav line. tanl!~ to said last
cu~. a distance of2.350.54 feet to th~id north line of the SQutheast Quarter of the Southwest
Ouarter of Section 18: thence North 89 degrees 49 minutes 14 seconds West. along said north
line and continuing alonuaid easterly.rjght-of-wav line. a distance of 54.0 1 feet: thence South
22 degrees 0] minutes 41 seconds East. continuing along said easterly right-of-way line. a
distance of 4.272.47 feet to the ooint ofbe~&
AND:
IhatpJl!1...Qf1he Northeast Ouarter of Section] 9. TownshiQ ll4~ge 19. Dakota County.
Minnesota. described as follows:
Bel!inning at the East Ouarter Corner of said Section] 9: thence North 00 degrees 02 minutes] 7
seconds East. assumed bearing. along the east line of said Northeast Quarter of Section 19. a
distance of 897.00 feet to the north line'ofPERCINE LOTS 2ND ADDITION: thence North 89
degrees 59 minutes 19 seconds West. along said north line and its westerly extensUrn. a distance...
of 1.Q.25.66 feet~ thence South 00 degrees 02 minutes] 7 seconds West. a dist~203.50 feet~
thence South 89 degrees 47 minutes 0 I seconds East, a distance of 50.06 feet: thence South 00
~rees 00 minutes 41 seconds West. a distance of 53.40 feet: thence North 89 degrees 59
minutes] 9 seconds West. a distance of 180.09 feet: thence South 00 degrees 02 minutes 17
seconds West. a distance of 209.92 feet: thence North 89 degrees 59 minutes 19 secon~st>--a
distance of 858.53 feet to the easterly right-of-way line of Chicago. Milwaukee & St. Paul
Railw.av CornQanv: thence South 22 de~rees 01 minutes 41 seconds East. along said easterly
right-of-way line. a distance of 463.90 feet to the south line of said Northeast Ouarter of Section
12~ thence South 89 degrees 59 minutes 19 seconds East. along said south line. a distance of
1.839.93 feet to the ooint of beginning.
.l.N1.ilYill.
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EXHIBIT B
FAIRHILL DEVELOPMENT FEE ACREAGE
DEVELOPMENT DATA
Total Platted Area:
Less Hil!hwav 3 ROW
Less 195th ROW
Less RR Outlot
Less FloodRlain
Less Wetlands
965.01 acres
14.44 acres
19.69 acres
0.76 acres
132.11 anes
26.74 acres
Total Develooment Fee Acreage Less Public Park Dedication
1________________________________________________________________________________________________________________________---
I 3 0Zl2v07
~~.~J}acres um.u_.._'"
Deleted: L.~Regij)natPa!k~2asr:e~'
Less Central Park and Neig/lborh~
ParksfTrail~ 48 6 acres'
. Less Steep~Slopeswithin Central
I'ark -~ II 97 acres
Deleted: (i6l!.L
.
EXHIBIT C
pun PLANS
PUD PLAN SUBMI1TAL COVER SHEET (PUD-OO)
SITE CONTEXT - CULTURAL FEATURES (PUD-O I)
NATURAL FEATURES - SLOPE ANALYSIS (PUD-02)
195TH STREET PLAN (PUD-03)
NEIGHBORHOOD AND OPEN SPACE P-bANFRAMEWOR~ (PUD-04)
SITE PL:\N (PUD 05)
PROPOSED COMPREHENSIVE PLAN AND PUD SCHEMATIC DIAGRAMAMENDMENT
(PUD-05)
CONCEPT SITE PLAN (PUD-06)
PHASINGOPEN SPACE AND AMENITIES PLAN (PUD-07)
AMENITIES FRAMEWORK PLANRQADW A Y TYPOLOGY (PUD-08)
OPEN SP/\CE AND NORTH CREEK CORRIDOR PLAN (PUD 09)
ROADW A Y TYPOLOGY (PUD-09)
. Ro.\DW;\ Y TYPOLOGYEXISTING CONDITIONS (PUD-1 0)
ROADWAY TYPOLOGYEXISTING CONDITIONS (PUD-11)
EXISTING CONDITIONSCONCEPT SITE PLAN (PUD- I 2)
EXISTING CONDlTIONSCONCEPT SITE PLAN (PUD-13)
SfffiGR.AI2.lliD P LA N (PUD-14)
SfffiGRADING PLAN (PUD-15)
GRADINGUTILITY PLAN (PUD-16)
GR:\DINGlLTlLIT..Y. PLAN (PUD-17j
UTILITY PLf,N (PUD 18)
UTILITY PL^.N (PUD 19
.
130712v07
PRELlMINf.RY PLf.NS PHf.SE I SUBMITTAL (P 00)
. CQYER SHEEW-OO)
OVERALL PLAN (PS-01)
EXISTING CONDITIONS - PHASE I (PS-02)
PRELIMINARY SITE PLAN - PHASE I (PS-03)
PRELIMINARY PARKINGSITE PLAN - PHASE I (PS-04)
PRELIMINARY PLAT - PHASE I (OVERALL) (PP-01)
PRELIMINAR Y PLAT - PHASE I (INSET) (PP-02)
PRELl MINAR Y PLAT - PHASE 1 (INSET) PP-03)
PRELIMINARY GRADING PLAN - PHASE I (PG-OI)
PRELIMINARY GRADING PLAN - PHASE I (PG-02)
PRELIMINARY GRADING DETAILS (PG-03)
PRELIMINARY STREET PROFILES - PHASE I (PR-OI)
PRELIMINARY STREET PROFILES - PHASE I (PR-02)
PRELIMINARY UTILITY PLAN - PHASE 1 (PU-OI)
PRELIMINARY UTILITY PLAN - PHASE 1 (PU-02)
.
PRELIMINARY UTILITY PLAN =...E.1:lASJi.L(PU-03)
PRELIMINARY INFO CENTER BUILDING PLAN CPA OI)PRELlMINARY AND HOA
BUILDINGBLDG. PLAN (PA-(RQl)
PRELIMINARY MONUMENT PLAN (PA-@02)
PRELIMINARY LANDSCAPE PLAN - PHASE I (PL-01)
PRELIMINARY LANDSCAPE PLAN - PHASE I (PL-02)
13.07~yOl
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l4,-
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I
l-lh
I
.-h
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,},
4,-
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b- ON SITE
.-h
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street grading gravel base afld
drainage
-- R'ES'i>dmiB"CE
-PARP?
COMPLETION DATE
within ORe (1) year after FINAL Dey. X. Corp.
PLAT appreval
',vithifl two (2) years after FINf.L De\'. X. Corp.
PLAT approval
'/iithifl (2) year after FINAL De\'. X. Corp.
PLAT approval
withifl one (1) year after FINAL
PL.'\. T approval
withiR two (2) years after FIN.^.L
PL.'\. T approval
see Artiele 13
COMPLETION DATE
withiR X L-J years after
FINAL PLACE approval
Dey. X. Carp.
De'l. X. Corp.
De',. X. Corp.
RESPONSIBLE
-PARP?
City of FarmingtoR
City of Farmington
City of FarmingtOft
City of FarmiflgtoR
City of FarmiFlgtoFl
City of FarmingtoFl
.~
street bitumiRoHs sHrfaeing,
eonerete eurs aFld gHtter
.
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storm water improvements;
wetlaFld fill afld proteetioR
lateral sewer aRd water lateral and
tnmk liFles aFl6 serviee liFles
street signage aFld street lighting
trails afld sidewalks within
De\<elopFl'l6Flt as showfl eR Trail
Pltm
OFF SITE/ON SITE
PRi'.IRIE WATBRWf.Y/sterm
water iFl'lprovements
Trunk SaRitary Sewer, aRd lateral
and serviees iFl'lFl'lediately adjacent
to TruFlk SaFlitary Sewer
'NatermaiR
Street COIlReetioRs to T.H. 3
WetlaRd iFl'lprovemeRts,
Fl'IitigatioFl aRd replaeemeflt for
BasiRs A, S, aRd C
&.-
Trails aFld side'walles in Paries aFld
PRAIRIE 'NATERWf.Y
1)07 I 2rl!l
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EXHIBIT D
METROPOLITAN COUNCIL LAND USE SUMMARY
LAND USE DESIGNA nON ALL LAND USES RESIDENTIAL LAND USES ONLY
{fill in .~ . . 'A n~n~\ # IJnits and KamJe
Mixed Use Commercial/Residential 22 ~
Low Density Residential 513.2 513-1.796
1.0-3.5 units/acre
Low/Medium Densitv Residential i5. 113-248
2,..,u.5 units/acre
Medium Density Residential ill 660-1.680
,5...i:JA...O..JJnit~
&rkLQ~~p~ 4f",3 NA
fublic/Semi.:I>.uhliQ ,5 NA
~WLGe~OW~kL~IDilln ~ NA
Thtll 2.6.5 I 3.6fi.:J 82Q
130712vOl
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130712v07
EXHIBIT E
F AIRHILL MINIMUM LOT SIZE AND DESIGN STANDARDS
.
EXHIBIT F
FAIRHILL PARK PLAN AND OPEN SPACE
December 31. 2007
FAIRHILL PIJD SUMMARY
965 Acres Site Area
391 Acres
Total OI)en Sp~
574 Acres
Develooed Land
CITY PARK LAND DEDICATION REOUlREMENT
Residential Area:
744 Acres Net Develooable Area (total site less wetlands. steeo slooes. tloodolaill.
195th ROW. Highwav 3 ROW. Commercial)
2.8 - 3.5 uoa Units oer net acre based on Conceot Plan
89.28 Acres Residential Park Dedication Requirement (\ 2~)
Commercial Area:
25.6 Acres Commercial ~Qable
1.2MITes Commercial Park Dedicatiw.Requirement
. 90.56 Acres Total Park Dedication Reouirement
NEWLAND'S PROPOSED PARK/OPEN SPACE AREA
91 Acres Develooable Land Area Identified for Public Park Dedication
42 Acres SW Community Park
38 Acres Central Park (does not include steeD sloDes of I 1.97 acres
2 Acres North Farrn~
3 Acres The Orchards Park
6 Acres Trailway Area (aQoroximately 5 miles outsi.de already dedicated area.s
About 172 Acres
Private Dark/ooen soace/creek corridor/wetland/tloodDlain
263 Acres
TOTAL OPEN SPACE AND PARK AREA
130712v07
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EXHIBIT G
FAIRHILL - PARK DEDICATION TABLE
Januarv/8/08
Park Descriotion Dedication Current Date of Most Recent
Area (Ac.) Dedication Dedication lniti.a.ls
SW rommlmitv P:lrk 42
~ntral J>1\rk 3,&
North Fann Park 2
Tk.0Khards Pa[~ :2
Tr:lil in!" n:lrk,,) Q
Th1al 21
Reouired Park Dedication 90.6
* Any creditsJ'oLdciicatiQnLdQnatliLILOfpark arca to Citv wil~CllSSCd at timc of transa.c.1i!m.
130712v07
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EXHIBIT H
OWNER
James M. Seed. as Trustee of the Fred M. Seed Livinl! Trust of 1 979..JloJkLthaL
Certain Trust Agreement Dated March 23. 1979. as Amended. With Fred M~ed
as Donor. With Full Power to Act For All Trustees Under a Delegation of Trustees'
Powers Dated September 17. 1979. as Modi.fkd.by a Delellation of Trustees'
Powers Dated June 8. 1982
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.!lQ21] .&Z
EXHIBIT I
PLANNED UNIT DEVELOPMENT CONTRACT
FOR FAIRHILL PROJECT
DEVELOPMENT CONTRACT FOR PLATS
MARCH _, 2007
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City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.farmington.mn.us
TO:
Planning Commission
Lee Smick, AICP ~
City Planner
FROM:
SUBJECT:
Variance to expand a legal nonconforming use - 808 2nd Street
DATE:
February 26,2008
INTRODUCTION
Mr. Mike Bischel, owner of 808 2nd Street, is requesting a variance to expand the envelope of his
legal non-conforming structure by proposing to construct a deck and stairway as a second safety
access from the second floor of the building at 808 2nd Street (Exhibit A). The structure is legal
non-conforming because the building is a triplex in a zoning district (R-2) that only allows single
family or two-family occupancies. The structure has been inspected by the City Fire Marshal on
December 21, 1992 and August 19,2003 verifying that it is being utilized as a triplex (Exhibits
B&C).
DISCUSSION
The deck is proposed to be 7 feet wide by 8 feet long (Exhibits D & E) and will be located on top
of the existing entryway at the northeast section of the house (Exhibits F & G). The stairway
will be built with a landing to the north and then stairs will turn to the west, then a landing and
the stairs will then turn to the east for a final landing at ground level. The stairway will not
extend further than the most northerly wall, insuring that the structure will not extend into the
existing area or yard requirements. State law (M.S. 462.357, Subd. Ie) allows nonconforming
uses to be continued, including through repair, replacement, restoration, maintenance or
improvement, but not including expansion, but authorizes cities, by ordinance, to permit an
expansion or impose upon the nonconforming use reasonable regulations to prevent and abate
nuisances and to protect the public health, welfare, or safety.
Section 10-4-2 (A) and (B) 1 allows the Board of Adjustment to ,review expansions oflegal non-
conforming uses (Exhibit H) as described below:
10-4-2 Non-Conforming Uses:
(A) The board of adjustment shall have the power to authorize changes of lawful nonconforming
uses as a nonconforming use which occupies a portion of a structure may be extended within
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such structure as it existed when this zoning title was enacted but not in violation of the area
and yard requirements of the zoning district.
(B) Nonconforming uses in floodplains shall comply with requirements listed in chapter 5 of this
title. The following provisions shall apply to all other nonconforming uses:
1. A nonconforming use may be continued but may not be extended, expanded or changed
unless to a conforming use, except as permitted by the board of adjustment in accordance
with the provisions of this title.
Therefore, a variance may be requested for the expansion of a legal non-conforming use if a
hardship is evident. Under state law, ~462.357 Subd. 6, the board of adjustment is authorized
". . . to hear requests for variances from the literal provisions of the ordinance in instances
where their strict enforcement would cause undue hardship because of circumstances unique
to the individual property under consideration, and to grant such variances only when it is
demonstrated that such actions will be in keeping with the spirit and intent of the ordinance.
"undue hardship" as used in connection with the granting of a variance means the property
in question cannot be put to a reasonable use if used under conditions allowed by the official
controls, the plight of the landowner is due to circumstances unique to the property not created
by the landowner, and the variance, if granted, will not alter the essential character of the
locality. Economic considerations alone shall not constitute an undue hardship if reasonable use
for the property exists under the terms of the ordinance.... The board or governing body as the
case may be may impose conditions in the granting of variances to insure compliance and to
protect adjacent properties.
The City Code provides the following criteria that must be met for a variance to be approved:
1. Because of the particular physical surrounding, or the shape, configuration, topography,
or other conditions of the specific parcel of land involved, strict adherence to the
regulations of this title would cause undue hardship. Economic consideration alone shall
not constitute an undue hardship if reasonable use for the property exists under the terms
of this title.
One access currently exists on the first floor of this property. The second access is
proposed on the second floor of the structure. The second access will be a deck with a
stairway leading to the ground, and there will be no extension of the proposed
construction into the area or yard of the parcel. Per the International Building Code, a
second access is required in a habitable structure and the hardship is a safety issue. It is
the opinion of staff that the use proposed is reasonable, increases the safety of
occupants and is required for building code compliance. Economic considerations are
not the basis of the hardship.
2. The conditions upon which a variance is based are unique to the parcel of land for which
the variance is sought and are not applicable, generally, to other properties within the
same zoning classification.
There is a need for a second access to this habitable structure in order to meet codes, and
the building is a lawful nonconforming use.
.
.
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3. 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 City Code requires that the owner abide by the International Building Code that
requires a second access.
4. 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 variance would 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.
5. 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 would 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 second access will increase the safety of the building.
6. The requested variance is the minimum required to eliminate the hardship.
The requested variance is the minimum required to eliminate the hardship.
Staff is recommending that the variance be approved with the following conditions to make the
property code compliant:
1. A parking lot plan showing a paved, striped parking lot with 8 spaces (multi-family
parking spaces = 2.5 spaces per unit) is required.
2. A grading plan for the paved parking lot is required.
3. The parking lot needs to be screened by a fence, wall, landscaping or earth berm because
the lot consists of more than 6 spaces in a residential district.
4. Landscaping (1 tree and 3 shrubs as possible due to existing trees) every 40 feet along the
perimeter of the parking lot is required.
5. Property owner shall complete the required parking lot, screening, and landscaping prior
to issuance of a certificate of occupancy.
ACTION REQUESTED
Staff recommends approval of the legal non-conforming expansion variance upon compliance of
the conditions mentioned above.
Respectfully submitted,
.~~
j/
Lee Smick, AICP
City Planner
cc: Mike Bischel
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City of Farmington
325 Oak Street, Farmington, .MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farminlrton.mn.us
Applicant:
V ARTANCE APPLTCA TJON
y' Z 723 -7 c: I}'
! /' Telephone: cW'- '7./ "'Fax: L-J I
/'1" H.h1.t1 i"7 16V1 ~ 5%':: r.J
City State Zip Code
Address:
.
Owner:
?..V/~
Fax: L-J
Telephone: L-J
Address:
Zip Code
Street City State
Premises Involved: :?' a ?h bJ '5{--
Address! Legal Description (lot, block, plat name, section, township, range)
Current Zoning District 12- 2- ::iJ?~.ent Land u:e ~.
Specific Nature of Request / Claimed HardShiP/ t2 ..: - m~'/2 'M
zJJ ~~ 4n ~41
SUBMITTAL REOUIREMENTS /
o Proof of Ownership 0 Copies of Site Plan
o Application F e ($200) 0 AbstractlResidential List (adjoining property owners only)
o Bounda& / 0 Surve 0 Torrens (Owner' Duplicate Certificate of Title Required)
I
Signature of Applicant
Date
. Reqhest Submitted to the PIamring. Commissio~ on
Public Hearing Set for: .
. For office use only
Advertised in Local Newspaper:
Planning Cominissiori. Action:
_Denied.
_Approved
.
Coniments:' .
Conditions Set
Planning division:
Date:
A
9105
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25
December 23, 1992
Mark Grundman
1009 Westview Drive
Farmington, MN 55024
Dear Mr. Grundman,
On December 21, 1992, I completed a Fire Code inspection of your apartment house
located at 808 ~e Street in Farmington. Several Fire Code deficiencies were
found and need to be corrected within the time limit indicated.
.
Within 30 days of receipt of this letter:
1. Remount the smoke detector in Apartment #2 as discussed. (See enclosure.)
2. Install in each apartment a minimum size 1A-10BC Fire Extinguisher. The
extinguisher should be mounted as close to the exit of each apartment as
possible.
7.
Install apartment identification numbers by each apartment's entrance door.
Install 1/4 turn gas shut off valves on the furnace in Apartment #1, and the
gas ranges in Apartments #2 and #3.
Discontinue the use of extension cords that are plugged into the exterior
light fixtures.
Discontinue the use of the plug in type indoor light fixtures that are
being used in the exterior light fixtures.
The State Electrical Code does not allow anyone except licensed electricians
to work on electrical wiring in rental dwelling units. There are several
areas in the apartment house that require electrical work:
A. Repair the wiring to the furnace in Apartment #2. The wiring should
be connected directly to a electrical junction box and be properly
protected against damage.
B. The unfinished wiring in the basement should be completed by an electrician
or else removed.
3.
<9
5.
6.
Upon completion of these necessary additions and repairs, please contact me for a
reinspection.
.
~CerelY' ,) 7
~ v(J, PLc?
. YJOh ~2ed, Fue Marshal0~._____/
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cc: Ken Kuchera, Fire Chief
file
Ci&j ~ FWUttbcgfM 325 Oak Stw! · flt'UllUuj~ HUt 55024 · (612) 463-1111
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July 5, 2006
Re: 808 2nd St
Dear Lee,
Established 1880
325 Oak Street
Farmington, Minnesota 55024
At the time of my inspection on
located at this address.
Thank you,
~)~-
John Powers
Fire Marshal
City of Farmington
Cc: Tim Pietsch
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10-4-2: NONCONFORMING USES:
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(A) The board of adjustment shall have the power to authorize changes of lawful
nonconforming uses as a nonconforming use which occupies a portion of a structure may
be extended within such structure as it existed when this zoning title was enacted but not in
violation of the area and yard requirements of the zoning district.
(8) Nonconforming uses in floodplains shall comply with requirements listed in chapter 5 of this
title. The following provisions shall apply to all other nonconforming uses:
1. A nonconforming use may be continued but may not be extended, expanded or changed
unless to a conforming use, except as permitted by the board of adjustment in accordance
with the provisions of this title.
2. A zoning certificate must be obtained within one year by the owner of any nonconforming
use as evidence that the use lawfully existed prior to the adoption of the provision which
made the use nonconforming.
3. Any nonconforming structure damaged by fire, flood, explosion or other casualty to an
extent exceeding fifty percent (50%) of its fair market value as indicated by the records of
the county assessor, if replaced, shall conform to the requirements of this title.
4. In the event that any nonconforming use, conducted in a structure or otherwise, ceases,
for whatever reason, for a period of one year or is abandoned for any period, such
nonconforming use shall not be resumed.
5. Normal maintenance of a nonconforming structure is acceptable including nonstructural
repairs and incidental maintenance. (Ord. 002-469, 2-19-2002)
.
.
.
City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.farmington.mn.us
TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
Planning Commission
Lee Smick, AICP d V
City Planner ?J~
Conditional Use Permit to allow a manufacturing use - 109 Spruce Street
February 26,2008
Peter Dantzer, owner of the existing Press Line Industries at 525 1 st Street, is requesting approval
of a conditional use permit to open a manufacturing facility in the vacant Lampert's Lumber
building located at 109 Spruce Street, Farmington, MN 55024. The vacant Lampert's property is
located in the B-3 zoning district. A manufacturing use is a conditional use in the B-3 zone and
needs to be reviewed by the Planning Commission (Exhibits Al-~)'
Planning Division Review
Applicant:
Attachments:
Location of Property:
Surrounding Land Uses:
Existing Zoning:
Comprehensive Plan:
Current Land Use:
Peter Danzer
525 1 st Street
Farmington, MN 55024
1. Exhibit A - CUP Application - Maps
2. Exhibit B - Applicant's Summary
2. Exhibit C - Photos of Property
109 Spruce Street
Entire block zoned B-3, however, single-family uses on the west,
multi-family on the north, and Feely's Elevator on the east and
south.
B-3 (Heavy Business); Manufacturing is a conditional use in this
district.
Commercial
Vacant lumber yard.
.
DISCUSSION
The applicant is proposing a manufacturing use in the warehouse facility (blue building) at the
southeast comer of the lot that consists of the assembly, stamping, welding, and grinding of raw
steel or aluminum into machine parts. The stamping will be performed entirely within the
enclosed 100' x 60' wide building. The stamping presses will be located on the east side of the
building on isolation mounts near the existing railroad tracks in order to limit the vibration of the
stamping press. The welding and grinding of larger fixtures outside of the facility may be
required at times due to the size of the fixtures.
There will be 5 employees on site with the potential for as many as 10. The employees will park
in the striped areas north of Spruce Street or within the lean-to on the west side of the property.
Business hours will be 6 AM to 6 PM weekdays and possibly 9 AM to 6 PM on weekends.
The applicant has provided additional information concerning his proposal in Exhibit B. The
applicant is also proposing a mini-storage use in the future, however, this use has not been
located on the site, therefore; a separate conditional use meeting will need to be performed for
that type of use.
.
Photos of the property are shown on Exhibit C. The exterior fencing and buildings are fairly
well maintained and will not need to be upgraded.
Conditional Use Permit
The City Code provides criteria that must be satisfied for the Planning Commission to grant a
conditional use permit. Those criteria are:
1. The proposed use conforms to the district permitted and conditional use provisions and
all general regulations of this title.
2. The proposed use shall not involve any element or cause any conditions that may be
dangerous, injurious or noxious to any other property or person and shall comply with the
performance standards listed below.
3. The proposed use shall be constructed, designed, sited, oriented and landscaped to
produce harmonious relationship of buildings and ground to adjacent buildings and
properties.
4. The proposed use shall produce a total visual impression and environment which is
consistent with the environment of the neighborhood.
5. The proposed use shall organize vehicular access and parking to minimize traffic
congestion in the neighborhood.
6. The proposed use shall preserve the objectives of this title and shall be consistent with the
comprehensive plan.
. City staff has reviewed the conditional use permit application and has determined that the request
meets all applicable City requirements for the CUP.
.
.
.
ACTION REQUESTED
Approve the conditional use permit with the follow conditions:
1. Obtain all building permits for improvements to the interior of the building as determined
necessary by the City's Building Official & Fire Marshal.
Respec. t~.~l1 ~.mi _' _
/2;:35
~ ..
Lee Smick, AICP
City Planner
Cc: Peter Dantzer
.
.
.
Jan 28 08 12:59p
~. ;4,
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farminvron.nm.us
II CONDmONAL USE PERMIT APPLICATION II
Applicant: ?{lc~ S LINt;: f rl7J Telephone: (656 c./(P~ - ;)61/ Fax: (~ loft; g 7D~1
Address: 5:;15 Pf/2.-S r :5'/ ;::i1t2u/N\ 7[)'" 111"/ 55()2~
Street City EJ State Zip Code
Owner: /J1.Mpc/Lr yA/iu5
Fax: (-1
Telephone: C-.)
Address:
State
Zip Code
Street
City
Premises Involved:
Address/Lega1 Description (lot, block" plat name, section, township, range)
Current Zoning District "& - 3 Current Land Use
Specific Nature of Request: C rJ P 1n1l It ^' v ~acr/J;2 (-
ar Tlft 5 S,.."
Date
Request Submitted to Planning staff on
Public Hearing Set for:
For office use oBly
Advertised in Local Newspaper:
Denied
Denied
Planning Commission Action: _Approved
City Council Action (ifnecessaIy): _Approved
Conunents:
Conditions Set:
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PROPERTY ID NUMBER: 14-77000-090-16
FE.ER:
CO NAME:
lAMPERTYARDS INC
LAMPERT LUMBER YARDS
1850 COMO AVE
SAINT PAUL MN 55108.2715
PROPERTY ADDRESS:
109 SPRUCE ST
FARMINGTON MN 55024
PAYABLE 2007 TAXES
NET TAX:
SPECIAL ASSESSMENTS:
TOTAL TAX & SA:
8,214,70
0.00
8,214,70
PAYABLE 2008 ASMNT USAGE:COMMERCIAL-PREFERRED
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No.ensions rounded to nearest foot
Copyright 2008, Dakota County.
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SITE MAP
A,
107,000
191,800
298, BOD
LOT SIZE (EXCLUDES
ROAD EASEMENTS)
35,657 SO FT
0.B2 ACRES
2007 BUILDING INFORMATION (PAYABLE 2DOB):
TYPE RETAIL STR WHSE,STRG
YEAR BUILT 1969 1969
ARCH/STYLE
FOUNDATION SO FlNOT APPL
FINISHED SO FT 1620
BEDROOMS 0
BATHS 1
FRAME D.WOOD
GARAGE SO FT 0
OTHER GARAGE
MISC BLDG
NOT APPL
336
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LAND:
BUILDING:
TOTAL:
SCHOOL DISTRICT:
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This drawing is neither a legally recorded map nor a survey and is not intended to be used as one.
This drawing is a compilation of records, information and data located in various city, county, and
state offices and other sources, affecting the area shown, and is to be used for reference purposes
only. Dakota County is not responsible for any inaccuracies herein contained. tf discrepancies are
found, please contact Dakota County Survey and Land Information Department.
2007 ESTIMATED MARKET VALUES (PAYABLE 2008)
LOCATION:
GARG/STRG
1989
NOT APPL
6970
o
o
S.STEEl
o
192
PAYABLE 2008 HOMESTEAD STATUS: NON HOMESTEAD
SE1I4 NW1/4 SECTION 31.114.19
WATERSHED DISTRICT: VERMILLION RIVER
NOTE ADDITIONAL BUILDING RECORDS NOT PRINTED
LAST OUALlFIED SALE:
DATE: AMOUNT:
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Map Date: February 7, 2008
Parcels Updated: 5/31/2007 Aerial Photography: 2003
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PLAT NAME: TOWN OF FARMINGTON
TAX DESCRIPTION: LOTS 7 THRU
916
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10-5-15: B-3 HEAVY BUSINESS DISTRICT:
. (A)Purpose: The B-3 heavy business district is a transitional district designed to provide space
for certain existing commercial and industrial uses which are compatible together but are
more intense and therefore incompatible with uses identified in the B-1, B-2 and B-4
districts.
(B)Bulk And Density Standards:
1. Minimum Standards:
Lot area 5,000 square feet
Lot width 50 feet
Front yard setback 0 feet
Side yard setback 6 feet
Rear yard setback 6 feet
Minimum side and rear yard abutting
any residential district
.
Off street parking and access drives 10 feet
Public and semipublic buildings 35 feet
Recreational, entertainment, commercial and industrial uses 50 feet
Height (maximum) 45 feet
Maximum lot coverage of all structures 35 percent
All standards are minimum requirements unless noted.
(C)Uses:
1. Permitted:
Animal clinics.
Auto repair, minor.
Auto sales.
Commercial services.
Convenience store without gas.
.
Mechanical sales, service and repair.
Offices.
Public buildings.
. Restaurants, class I, traditional.
Retail facilities, greater than 3,000 square feet.
Sexually oriented businesses - accessory.
Supply yards.
Truck terminals.
Wholesale businesses.
/2. Conditional: J
Auto repair, major.
Car washes.
Convenience store with gas.
Greenhouses and nurseries, commercial.
. Group daycare center, commercial.
Home and trailer sales/display.
Manufacturing facilities.
Ministorage units.
Outdoor sales.
Petroleum bulk storage.
Public utility buildings.
Solar energy systems.
3. Accessory:
Parking lots. (Ord. 002-469, 2-19-2002; amd. per fax dated 8-6-2002)
.
.
.
.
t?i.8
Lee Smick
From: Peter & Debbie [presslineind@att.net]
Sent: Thursday, January 24, 200810:51 AM
To: Lee Smick
Cc: jane Fesler
Subject: Lampert yards
Lee:
The property in question is 109 Spruce Street, the old Lampert Yards facilty.
We would like to apply for a conditional use approval, even though we do not own the property, to allow us and at
a minimum one additional tennant to expand our businesses into this facility. The conditional use approval is one
step closer to our purchase of the property. If we cannot receive approval for the conditional uses requested, then
the property is of no value to us.
We request that conditional use be approved, under the B-3 zoning, that the property is listed under for the
following:
- Manufacturing facility which would consist of assembly work, some fabrication using 1 of 2 metal stamping
presses
- Welding and grinding of fabricated steel fixtures
- Future use for Mini storage at the north end of the property.
- Mixed use building (more than one tennant in the facility)
*************
Manufacturing would consist of the following:
- Employees at the location could be as many as 10
On site during most business hours/days would be 5 employees
Work could be seven days per week, if busniess shipments required it
All manufracturing would be internal to the building such as assembly,stamping, welding grinding. Unless the
fixtures size is such that the welding and grinding cannot be done inside the facility. The work would then be done
during normal business hours outside, then the product moved inside in the evening This large of fixturing
business has not yet happened to date, in the last ten years.
Stamping presses will be placed on ISOLATION mounts to minimize any low frequency vibration that could
possibly be transmitted into the surrounding soil and they would be located at the east end of the building, closest
to the train tracks, to further isolate them.. This low frequency vibration would never extend beyond the properties
boundries. The train traffic creates 100 times more vibration
than would any stamping, inside the facility.
Normal business hours are between 6:00am and 6:00pm Monday thru Friday. Some work would be done
Saturday or Sunday if necessary. If necessary those hours would be 9:00am thru 6:00pm
Yard traffic would consist of semi trailer loading and unloading during business hours. Number of semi trucks per
MONTH could be up to 14. These trucks would load and unload in the yard.
UPS would be daily drop off and pick up
Yard items, under the south westerly lean to, would be raw materials such as aluminum extrusions 21' long and
coming in bundles of 500 Ibs. Each bundle would be 21'long 36" square and be stored under the old lean to's that
the lumber was stored under. Raw steel for fabricating fixtures would be 21' lengths in bundles of 24" square.
Power to the building for manufacturing would be increased to 400 amp service 230/3phase
The entire internal facility of the 100'x60' building would be internally insulated framed and sheet rocked, heated,
additional lighting added and garage doors replaced.
The office would be used for general office work and possible walk in contractor sales of floor matting products,
community mail boxes, etc.
**..*....
- Welding and grinding would be internal to the building and only be outside if fixturing was to large to be inside
the building. Welding fixtures have never been larger than 48" x 48" x 72" tall.
************
1/24/2008
@
.
.
.
Mini Storage is a future possiblity, for additional operating income. We would seek conditional use with this
application.These would be complete units purchased from a manufacturer that is in that business of fabricating
mini-storage units, much like the units on the south end of Farmington. The number of units would depend on
projected needs. But would only be on the North 1/2 of the property. The units would be gated and have video
survalence, coded access and tied into security monitoring.
The existing lean to, on the North end of the property would be enclosed and converted into individual garages, to
be rented for large vehicle storage. These garages, on the North lean to, would be fully enclosed. There would be
NO outdoor storage, other than raw materials under the south western located lean to. The storage at that lean to
would be raw materials and any vehicles owned by the tennants, such as snow plow, Bobcat on trailer, service
truck(s) may be 2, and employee parking during business hours.
********************
Mixed use would consist of more than one tennat in the facility. Currently there would be a total of two, which
includes my company Press Line Industries. There could be a possiblity to add one or two more tennants. At this
time I would not know what type of tennant.
**********************
Furtue expansion, depends on the business climate but, I could foresee one maybe two more buildings being
erected on the site within the next 10 years. The building size and type would depend on future business climates
and city constraints. But, I could see a building as large as the existing 100'x60'.
**************************
If you have any questions please call or E-mail
Thank you for your time and review of our projected conditinal use needs. We look forward to expanding our
business in the city of Farmington.
1/24/2008
@
.. J~r1 24 08 05: 1410
p. 1
. ~RESS
~E
Indust:ries, Inc.
METAL FABRICATING & SUPPORT EQUIPMENT
P.O. Box 240843 - Apple Valley, MN 55124 - (651) 463-2671- FAX (651) 463-7021
January 23, 2008
City of Farmington
Farmington, MN 55024
Attn: lee Smick
Lee:
If we can present enough information to you, can you see if we can get the City planner and the Fire
Marshall into the Lampert Yards property as soon as possible. Lampert Yards will keep the property off
the market until, after the February 11th, meeting. If we have not received the conditional use permits
by then they will place the property on the open market, which I am trying to keep from happening.
SEE MAP 1 POLE BUILDING 100' 'K 60'
.
Our plan for the 100' x 60' building is as follows:
To completely insulate, stud frame in and sheet rock the interior, perimeter of the building along with
adding a complete sheet rock and sprayed ceiling. The entire open area will be forced air hanging gas
unit heated(1) unit, 35 four foot four bulb fluorescent fixtures and new insulated garage doors will be
added. Along with Schedule 40 piping for compressed air, which will run from a ceiling height frame
work along the outer perimeter of the interior of the building, with legs dropping down along the
interior walls for quick disconnects. Electrical power will be 230/3 and 110vac. These 230vae outlets will
be run along the ceiling with six (6) drops(location to be determined) also 230/3 plug ins will be located
along the interior perimeter, locations to be determined. 1l0vae will be run along the interior perimeter
locations and number to be determined. 400 amp electrical service to be added to the building and a
new main panel to take the place of the existing panel on the south west side of the buildings interior.
To keep the mezzanine in the south west corner, but remove the long plywood and stand up shelving to
the east of the mezzanine stairs. Then to sheet rock the interior of the area under the mezzanine. This
area will be the work shop for Press line Industries. In this area will be a drill press, metal milling
machine, metal lathe, work benches, and some steel storage. It will be lighted with T-6 f10ureseent
lighting.
To keep the small office and mezzanine located on the west wall approximately X way along the
northerly direction of the 100' length. This area would also be sheet rocked.
.
The balance of the shop area will remain open. There will be pallet racking, not wider that 42" and no
higher than 12' along a wall yet to be determined.
8)
.
.
.
Jan 24 08 05:14p
p.2
tr:RESS
~E Industries, Inc.
City Of Farmington
Lee Smick
January 23, 2008
-2-
SEE MAP 2 OFFICE AREA
The office area will be remodeled to remove the office to the east of the office you must walk thru to
get to this office. If you were in this easterly office there is no exit other than thru the office to its west.
The break room and furnace room and bathroom will be demolished and a larger room will be
constructed for the furnace room and bathroom. The break room will be moved into the area that has a
half wall on the east end of the southern end of the office.
The counter space will remain. The office in the northwest corner will remain. The equipment room and
the two smaller office will most likely be combined into one or two offices with separate interior entry
doors and added windows facing the north, in the office that would not have a window.
SEE MAP 3 LEAN TO NORTHEAST END
This lean to would be converted into completely enclosed, single garage door high bay garage storage
spaces for motor homes, boats, cars, etc. This storage would be cold storage with only l10Vac for engine
heaters or trickle charges. Each bay will have a ceiling height of 14', walls would be framed and sheet
rocked with fire code rock, no insulation and no interior lighting.
The dashed Ilines represent possible FUTURE mini-storage units, the number and size is yet to be
determined, if at all.
SEE MAP 4
The lean to on the south west end of the property will be for raw material storage (metal & aluminum I.
Property owner and tennant vehicle parking. Storage of property owner trailer, bobcat, truck. and
maintenance vehicle. At this time it will remain open storage, in its current configuration.
SEE MAP 5 SMALL DRIVE TH RU GARAGE
This garage may be removed. We were not able to enter the garage during our walk thru of the facility.
We do not know ifthere is power, heat or water in the garage If there is no power in the garage and it
has a cold storage purpose we may keep it up, unless the city planner and fire Marshall deem it to be a
hazard, then it will be removed
If you need further information, please call or E-mail as soon as possible.
Sincerely,
S
Cc: Jane Fesler, ProFinance
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City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.cLfarmington.mn.us
TO:
Planning Commission
Lee Smick, AICP *
City Planner 0
FROM:
SUBJECT:
Amend Section 10-2-1 of the Zoning Code to include a Definition for Impound
Lot and Amend Section 10-5-15 (c) Subd. 1 of the Zoning Code to include
Impound Lot as a Permitted Use in the B-3 (Heavy Business) Zoning District
DATE:
February 26,2008
INTRODUCTION
The City of Farmington is proposing to add "Impound Lot" as a permitted use in the B-3 (Heavy
Business) zoning district. The City has recently been approached by a developer who is
interested in opening this type of business, therefore, prompting the need to propose the text
amendment mentioned above in the definition and use sections of the code.
The B-3 Zoning District is defined as follows:
The B-3 heavy business district is a transitional district designed to provide space for certain
existing commercial and industrial uses which are compatible together but are more intense
and therefore incompatible with uses identified in the B-1, B-2 and B-4 districts.
DISCUSSION
The following Code amendments are proposed:
10-2-1- Zoning Definitions
Impound Lot: Any structure or land devoted principally to the storage of impounded
vehicles or recreational vehicles with an office on the premises for the release of those types
of vehicles. This tyPe of use requires 100% screening of the outside parking lot.
. 10-5-15 (c) 1- B-3 Zoning District - Permitted Uses
Impound Lot
This type of use is similar to other permitted uses in this district such as auto sales, truck.
terminals and parking lots as an accessory use.
ACTION REQUESTED
Recommend approval of the proposed text amendments to the City Code and forward the
recommendation to the City Council.
Respectfully Submitted,
//
t~k
Lee Smick, AICP
City Planner
.
.
.
.
.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING IN SECTION 10-2-1 AND
SECTION 10-5-15 (c) 1 TO DEFINE IMPOUND LOT AND ALLOW
AS A PERMITTED USE IN THE B-3 (HEAVY BUSINESS)
ZONING DISTRICT
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. The City of Farmington City Code, Section 10-2-1, Definitions, is
amended by adding the underlined language and deleting the strikethrough language as
follows:
Impound Lot: Any structure or land devoted principally to the storage of impounded
vehicles or recreational vehicles with an office on the premises for the release of those
types of vehicles. This type of use requires 100% screening of the outside parking lot.
SECTION 2. The City of Farmington City Code, Section 10-5-15 (c) I, B-3 Zoning
District, is amended by adding the underlined language and deleting the strikethrough
language as follows:
B-3 Zoning District - Permitted Uses
Impound Lot
SECTION 3. Effective Date. This ordinance shall be effective upon its passage and
publication according to law.
ADOPTED this _day of
Farmington.
, 2008, by the City Council of the City of
.
.
.
CITY OF FARMINGTON
By:
ATTEST:
By:
SEAL
By:
Kevan Soderberg, Mayor
Peter Herlofsky, City Administrator
City Attorney
,2008.
Published in the Farmington Independent the _ day of
10-5-15: B-3 HEAVY BUSINESS DISTRICT:
. (A)Purpose: The B-3 heavy business district is a transitional district designed to provide space
for certain existing commercial and industrial uses which are compatible together but are
more intense and therefore incompatible with uses identified in the B-1, B-2 and B-4
districts.
(B)Bulk And Density Standards:
1. Minimum Standards:
Lot area 5,000 square feet
Lot width 50 feet
Front yard setback 0 feet
Side yard setback 6 feet
Rear yard setback 6 feet
Minimum side and rear yard abutting
any residential district
.
Off street parking and access drives 10 feet
Public and semipublic buildings 35 feet
Recreational, entertainment, commercial and industrial uses 50 feet
Height (maximum) 45 feet
Maximum lot coverage of all structures 35 percent
All standards are minimum requirements unless noted.
(C)Uses:
1. Permitted:
Animal clinics.
Auto repair, minor.
Auto sales.
Commercial services.
Convenience store without gas.
.
Mechanical sales, service and repair.
Offices.
Public buildings.
. Restaurants, class I, traditional.
Retail facilities, greater than 3,000 square feet.
Sexually oriented businesses - accessory.
Supply yards.
Truck terminals.
Wholesale businesses.
2. Conditional:
Auto repair, major.
Car washes.
Convenience store with gas.
Greenhouses and nurseries, commercial.
. Group daycare center, commercial.
Home and trailer sales/display.
Manufacturing facilities.
Ministorage units.
Outdoor sales.
Petroleum bulk storage.
Public utility buildings.
Solar energy systems.
3. Accessory:
Parking lots. (Ord. 002-469, 2-19-2002; amd. per fax dated 8-6-2002)
.
.
.
.
City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.farmington.mn.us
TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
Planning Commission
Tony Wippler, Assistant City Planner \)!b
{j
Conditional Use Permit to allow a Class III Restaurant, with liquor service in the
B-1 (Highway Business) zoning district.
February 26,2008
Application has been made by Mark and Susan Theorin (on behalf of T &T Food Concepts, LLC) for a
Conditional Use Permit [CUP] to allow a Class III Restaurant, with liquor service in the B-1 (Highway
Business) zoning district. The application is attached as Exhibit A..
Per the City Code, the definition of a Class III Restaurant is as follows:
An establishment serving both food and alcoholic beverages, but in which the principal business
is the sales of such beverages at retail for consumption on the premises.
Planning Division Review
Applicant:
Owner:
Location of Property:
Surrounding Land Uses:
Existing Zoning:
Comprehensive Plan:
T&T Food Concepts, LLC
Mark and Susan Theorin
1106 170th Street West
Farmington, MN 55024
Valley Mining, LLC
17595 Kenwood Trail Ste 260
Lakeville, MN 55044
20700 Chippendale Avenue (Tamarack Ridge Retail Center)
Lot 2, Block 1, Tamarack Ridge 4th Addition
Commercial property adjacent to the north, multi-family residential
adjacent to the east, single-family residential to the south, and TH 3 is
adjacent to the west.
Planned Unit Development with a B-1 (Highway Business) underlying
zone.
Commercial
.
.
.
Off-street Parking:
Parking is already supplied with the parking lot that was constructed with
the Tamarack Ridge Retail Center. There is a total of 133 off-street
parking stalls in the existing parking lot of the retail center. These stalls
will be utilized for the parking of the restaurant patrons.
BACKGROUND
The applicant, T &T Food Concepts, LLC, is requesting Planning Commission approval of a Conditional
Use Permit to allow a Class III Restaurant, with liquor service in the B-1 (Highway Business) zoning
district. The restaurant is proposed to encompass the southern three bays of the Tamarack Ridge Retail
Center located at 20700 Chippendale Avenue.
Business Proposal
The applicants are proposing a sit down restaurant with a bar area. The applicants are in the process of
working with an architect to design the inside of the building to fit their needs. Attached as Exhibit B is a
floor plan that generally lays out the restaurant and bar areas. It should be noted that the attached floor
plan is generally how the applicant is proposing to layout the bar, restaurant and kitchen areas. However,
modifications to the floor plan will more than likely occur to fit their space needs. At this time no
finalized floor plan is readily available. No outside modifications to the building, other than signage, are
required for this business proposal. A condition of the CUP will be that the applicant obtains all
necessary building permits to finish off the inside ofthe building space.
If the Conditional Use Permit is approved by the Planning Commission, the applicants will have to apply
to the City Council for a liquor license in order to sell liquor out of the proposed establishment. This will
be made a condition of the CUP.
DISCUSSION
Section 10-3-5 'of the City Code provides as follows:
A conditional use shall be approved if it is found to meet the following criteria:
1. The proposed use conforms to the district permitted and conditional use provisions and all general
regulations of this title
A Class III Restaurant, with liquor service is listed as a conditional use in Section 10-5-13 of the
City Code.
2. The proposed use shall not involve any element or cause any conditions that may be dangerous,
injurious or noxious to any other property or persons and shall comply with the performance
standards listed below.
The proposed use will not involve any elements that will be dangerous, injurious or noxious to
any other property or persons.
3. The proposed use shall be constructed, designed, sited, oriented and landscaped to produce
harmonious relationship of buildings and grounds to adjacent buildings and properties.
All construction will occur within the existing Tamarack Ridge Retail Center. No additional site
work or expansion of the existing building will be required with this proposal.
.
.
.
4. The proposed use shall produce a total visual impression and environment which is consistent
with the environment of the neighborhood.
Again, there will be no outside modifications other than signage to the existing building.
Therefore, the proposed use will be in compliance with this performance standard.
5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in
the neighborhood.
Access and parking for this use have already been provided with the construction of the retail
center in 2005.
6. The proposed use shall preserve the objectives of this title and shall be consistent with the
comprehensive plan.
The proposed use will preserve the objectives of this title and shall be consistent with the
comprehensive plan.
ACTION REQUESTED
Approve the conditional use permit subject to the following conditions:
1. Approval of a liquor license by the City Council.
2. Obtaining all building permits for improvements to the interior of the building as determined
necessary by the City's Building Official.
3. Approval of a sign permit by the Planning Division.
Respectfully submitted,
~ &~r;s
Tony Wippler, Assistant City Planner
Cc: Mark and Susan Theorin
Jan 28 08 l2:11p
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Dakota County, MN
ParcellD 147490302001 Home Style
Owner Name Valley Mining Lie Square Footage 25765
Joint Owner Estimated Land Value $802,700
Owner Address 17595 Kenwood Trl Ste 260 Estimated Building Value $1,478,700
Owner Address 2 Total Estimated Value $2,281,400
City/State/Zip lakeville Mn 55044 Tax Capacity $38,250
Common Name Tamarack Ridge Center Special Assessments $6,366
Property House Number 20700 Total Property Tax $70,385
Property Street Name CHIPPENDALE I Date of Sale
Property Street Type AVE I Sale Value 1$0
Property City FARMINGTON I Acres 12.63
Use Commercial-Preferred Plat Name TAMARACK RIDGE 4TH ADD
Homestead N Lot and Block 2 1
Year Built 2005 Legal Description
Dwelling Type SHPCTR,NBH
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.
Map Scale
1 inch = 577 feet
.
City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.farmington.mn.us
TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
Planning Commission
~/
\'J~
Tony Wippler, Assistant City Planner (),~
Conditional Use Permit/Home Occupation Permit - Therapeutic Massage
Therapy
February 26,2008
The applicant, Denson Malone, has submitted an application for a Conditional Use PermitIHome
Occupation Permit involving the operation of a therapeutic massage business within his home
(Exhibit A).
. Planning Division Review
.
Applicant:
Owner:
Location of Property:
Surrounding Land Use:
Existing Zoning:
Comprehensive Plan:
Off-street Parking:
Denson Malone
1212 Oak Street
Farmington, MN 55024 .
Denson Malone
Angela Olaughlin
1212 Oak Street
Farmington, MN 55024
1212 Oak Street
Lot 3, Block 4, East Farmington 3rd Addition
(Please note location map - Exhibit C)
The subject property is completely surrounded by single-family
dwellings.
Planned Unit Development with an R-2 (Low Medium Density
Residential) underlying zone.
Low/Medium Density Residential
Yes - two spaces in the driveway.
BACKGROUND
. The applicant, Denson Malone, is requesting Planning Commission approval for a Conditional
Use I Home Occupation Permit to allow him to conduct a therapeutic massage business within
his home. Please note the attached letter submitted by Mr. Malone as Exhibit B.
Homeowners Association
The applicant will need to verify with the East Farmington Homeowners Association [HOA] that
this proposed use is in accordance with the HOA bylaws. It should be noted that the City of
Farmington does not enforce HOA regulations.
Business Proposal
Mr. Malone indicated that he would be the only person performing the massages and that he
would be available by appointment only. He has indicated that his hours of operation would be
Monday through Sunday, 8:00 a.m. to 8:00 p.m.
DISCUSSION
Section 10-6-2 ofthe City Code provides as follows:
.
A home occupation is permitted as an accessory use if it complies with the requirements of this
section following all procedures outlined for approval of a conditional use.
(A) The home occupation shall be conducted solely and entirely by persons who reside
full time in the home
As stated above, the applicant has indicated that he would be the sole person
performing the Therapeutic massages.
(B) The home occupation shall be conducted wholly within the principal
The proposed operation will be conducted wholly within the applicant's place of
residence.
(C) No structural alterations or enlargements shall be made for the sole purpose of
conducting a home occupation.
The applicant will not be making any enlargements to the home to accommodate the
proposed home occupation. The applicant plans on utilizing his homes basement
bedroom for his massage studio.
(D) One home occupation shall be permitted for each principal structure.
.
No conditional use / home occupation permit exists for this property.
.
.
.
(E) Exterior displays or signs other than a two-sided, two (2) square foot, non-illuminated
sign and exterior storage of materials and exterior indication of the home occupation
or variation from the residential character of the principal structure shall not be
permitted.
The applicant has not indicated a desire to install signage on the property. If the
conditional use permit is approved, and the applicant wishes to install a sign in
accordance with letter E mentioned above, a sign permit will have to be submitted to
the Planning Division for approval.
(F) The activity does not involve the manufacturing, assembly or distribution of goods
and the activity does not deal with the general retail public.
The activity being proposed will not involve manufacturing, assembly, or distribution
of goods and does not deal with the general retail public. The applicant has
indicated that his clientele will all be appointment based.
City Council Public Hearing
The City Council shall hold a public hearing to license the therapeutic massage business. The
Council will review the license on March 3, 2008 if the Home Occupation Permit has been
approved by the Planning Commission.
ACTION REQUESTED
Determine if the operation of a therapeutic massage therapy business is acceptable under the
City's Home Occupation ordinance (Section 10-6-2) and recommend any necessary conditions.
Respectfully submitted,
Tony Wippler, Assistant City Planner
Cc: Denson Malone
[x A-
~.,..;?
.
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Uu JAN 2 8 1008 lli
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farminl!ton.mn.us
By
II CONDITIONAL USE PERMIT APPLICATION II
Applicant: 'D~j1 St n J2... ,1} C1 , 011 t Telephone: rlSa 3.Ql.1 -7 2 ~ '/ Fax: LJ
Address: I 2. \1. ell lL Sf (arIA; tlJfl;11 A1A) ) S () z,f
Street City State Zip Code
. Owner: De ;-))0(1 Il. rnttfOn {. Telephone:'l.29 ?80 -7207Fax: LJ
Address: lL \2. L' {f ~ 5 -t Fa,/Ju /l t !en In .II..} ,. 56 zif
Street City State Zip Code
Premises Involved: 1112. DC: ~ Str I (+-} Fctfnli (I-fen MA,I 5502. Lo t 3, BlOt K- '-I, [t;jl- fUll/I irl)tcJ'1
Address/Legal Description (lot, block, plat name, section, township, r ge) -fl\.{ r J ;\ titi; -H 01, /xl tck1 (();
Current Zoning District Current Land Use 2iS" tit/Hi (). l t~ m -t 1M rJ
Specific Nature of Request: Tv Of2/f.1....f.e /J1tj((til~ --/M./'yy iUJi/t(>J['
6 J+ of r'h y hcll\C - (5< .e',fH()( IU'cl) -
SUBMITTAL REOUIREMENTS
DProof of Owner-ship ~Q 9 COl'ics of ~Phm
o Application Fee$"ZC046._~cJj4 O:AbstFaGtlResidential--bist-{required 350' from subject property)
-tlBOilndary-,l'bQtS~y dJdI1"f11 -O_.Torrens-(OwIler1.s-B-1:1plicate.C-emficate-ofTitle-Requirerl)
I~ I;~~~l Iler;f'j 4w~ 4'< ~~
Signature of Owner Date Signature of Applicant
l/ciXJ ~
Date
Request Submitted to Planningsbffon
Public Hearing Set for:
For office use only
Advertised in Local Newspaper:
.
Plluming Commission Action:. _Approved
City Council Action (ifnece~sary): _Approved
_Denied
_Denied
Comments:
Conditions Set:
Planning division:
Date:
9/06
.
.
.
Dakota County, MN
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ParcellD 142250203004 Home Style SPLIT LEVL
Owner Name _ Olaughlin Angela Square Footage 2027
K
Joint Owner Estimated Land $57,200
Value
Owner Address 1212 Oak St Estimated Building $191,600
Value
Owner Address 2 Totat Estimated $248,800
Value
City/StatelZip Farmington Mn Tax Capacity $2,488
55024
Common Name Special $411
Assessments
Properly House 1212 Total Properly Tax $3,277
Number
Properly Street OAK Date of Sale Sunday, August 01, 2004
Name
Properly Street ST Sale Value $266,000
Type
Properly City FARMINGTON Acres 0.18
Use Residential Plat Name EAST FARMINGTON 3RD ADD
Homestead Y Lot and Block 34
Year Built 1998 Legal Description INTEREST ATTRIBUTABLE TO COMMON AREA
KNOWN AS OUTLOT F & ALL OF LOT
. Touch of Soul Massa2e
I, Denson Malone, plan on operating my massage therapy business out of my home at
1212 Oak Street, Farmington, MN 55024. I am a sole proprietor, working alone. I would
be providing therapeutic massage to clients by appointment. My hours of operation
would be 7 days a week between the hours of 8:00am and 8:00pm.
I am using the 3rd room (basement bedroom) in our home for my massage studio. Our
home is a split entry and clients will enter our house and proceed downstairs to the
massage studio. I will not need to make any updates/remodel our home in order to have
my practice operational.
Our home also has a large driveway which will be able to accommodate my clients' -
vehicles verses requiring them to park on the street.
~~~~~
.
Denson Malone
Touch of Soul Massage
.
.
City of Farmington
325 Oak Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.cLfarmington.mn.us
FROM:
Planning Commission
Lee Smick, AICP (j}./
City Planner ~tj
TO:
SUBJECT:
Revise Section 10-2-1 concerning Definitions and Sections 11-4-4 (A) & (D)
concerning Drainage and Utility Easements.
DATE:
February 26,2008
INTRODUCTION
.
The City Council will be reviewing the Boulevard Tree Policy ordinance (Exhibit A) at its
meeting on March 3, 2008. The proposed revisions to the ordinance that the City Council would
like to make are shown in bold on Exhibit A. These ordinance revisions are slightly different
from the Planning Commission's approval of this ordinance on September 11, 2007. The
revisions include the following:
1. That lot frontage trees be planted at 6 feet from the front property line rather than 10 feet
as the Planning Commission approved. This will allow for additional space to plant trees
in new subdivisions between the easement line and the front of the new home. Because
of this proposed revision, the Planning Commission needs to review Section 11-4-4 (A)
concerning the current 10 foot utility easement as shown on Exhibit B and determine if
the 5 foot wide easement from the front property line is adequate for utility and drainage
locations.
Staff feels that the proposed 5 foot wide easement is adequate because utility companies
may locate their utilities between the curb and the 5 foot wide easement line, which
typically constitutes between 10-15 feet of space for utility location.
2. The second revision to the Boulevard Tree Policy ordinance will allow homeowners that
live in existing subdivisions to replace dead boulevard trees on the boulevard with new
trees at their own risk.
DISCUSSION
. During the summer and fall of 2007, staff proposed revisions to the drainage and utility
easements along side and rear yards concerning the elimination of all structures, landscape
material, and impervious surfaces within these easements. The following information is from a
memo to the Planning Commission at its July 10, 2007 meeting.
. The Planning Commission reviewed and recommended approval of a drainage and utility
easement amendment on September 13,2006 and the City Council approved the amendment on
October 16, 2006. The approved amendment proposed to include additional language that would
not allow the rerouting of drainage onto adjacent property, eliminate grade changes within the
easement by meeting the as-built certificate for the lot, and that any improvements that encroach
into the easements are at the owner's own risk.
.
.
However, the Building Inspections and Engineering Divisions continue to witness a rise in
drainage problems within drainage and utility easements. There have been a number of
problems in the field with the enforcement of this code due to the vagueness of the requirements
that were included before the text revisions were approved. The text stating "No plant
material/impervious surface is allowed to encroach within the easement that will negatively
affect the drainage within the easement" and "inhibit the access to the easement" continues to be
an interpretation problem for the building and engineering inspectors in the field. The
"negatively affect" and "inhibit" language is an interpretation problem because at times
landscaped rock with edging within an easement will meet the code requirements, while this type
of landscaping within an easement elsewhere in the same subdivision will affect the drainage
negatively. This becomes an issue in the field since one homeowner is allowed the landscaping
and one is not, thereby, raising concerns from homeowners of either claiming bias by the
inspector or by the homeowner refusing to abide by the code because another homeowner has
been allowed landscaping that they are not.
Additionally, residents often confront staff regarding plant material located in their easements,
and they typically refer to the "negatively affect" or "inhibit" language when disagreeing with
staff concerning the drainage problems witnessed by staff. Most residents don't see problems
with removing plant material if it inhibits access to the drainage and utility easements because
they feel that the City won't need to access the easements, if ever. Others question how a tree
with one-trunk would negatively affect drainage. Exhibit C and D are photos of a recent
situation in Mystic Meadows. The homeowner has been notified that the pavers and steps need
to be removed from the easement on Exhibit C, however, they don't agree with the need to
remove the rock and mulch within the easement. On Exhibit D, once again the homeowner
doesn't see the drainage problems with the location of the rock, mulch, and easy removal of the
pavers if the City needs to access the easement. On both Exhibits C and D, the engineering
division is concerned about drainage issues because the homeowner installed the mulch, rock,
and pavers above the as-built grade, thereby, rerouting water onto the adjacent property owner's
lot. When the lots on either side of homeowner's property develop, those new homeowners will
need to cut a swale 5-10 feet from their property lines in order to provide a swale that will drain.
This is unfair to the new homeowners moving in next to an established homeowner's lot because
the new owners need to take all of the runoff, including the established homeowner's runoff onto
a swale located on the new homeowner's lots.
Since staff wants to treat all residents on an equal level the Planning Division is requesting that
the Planning Commission review the proposed easement revisions (Exhibit B) and discuss the
merits of excluding all types of structures, landscape material, and impervious surface with the
exception of sod and fences within the front, side or rear yard drainage and utility easements.
Definitions of the proposed excluded material are shown below.
10-2-1: DEFINITIONS:
. STRUCTURE: Anything constructed or erected, the use of which requires a fixed
location on the ground or an attachment to something having a fixed location on the
ground, including but not limited to buildings, billboards, carports, porches, signs,
retaining walls, and other building features, but not including sidewalks, drives,
fences and patios.
LANDSCAPE MATERIAL: Such living material as trees, shrubs, ground cover Ivines, turf
grasses (sod), and nonliving material such as: rocks, pebbles, sand, bark, mulch, brick
pavers and earthen mounds (excluding pa'/ement); and/or other items of a decorative
or embellishment nature such as: fountains, pools, walls, fencing, sculpture, etc.
IMPERVIOUS SURFACE: A surface that has been compacted or covered with a layer of
material so that it is highly resistant to infiltration by water. It includes surfaces such
as compacted sand, limerock, or clay, as well as most conventionally surfaced streets,
roofs, sidewalks, parking lots, and other similar structures.
ACTION REQUESTED
Recommend approval of amendments to Section 10-2-1 concerning definitions, and Sections 11-
4-4 (A) & (D) concerning Drainage and Utility Easements (Exhibit B) and forward the
recommendation to the City Council.
.
Respectfully Submitted,
Lee Smick, AICP
City Planner
.
EF.A
.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 10-2-1,10-6-10 (F),
10-6-10 (G), AND 8-1-5 (A) OF THE FARMINGTON CITY CODE
CONCERNING LOT FRONTAGE TREES,
BOULEVARD TREES AND REPLACEMENT TREES
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. The City of Farmington City Code, Section 10-2-1, Definitions is
amended by adding the underlined language and deleting the strikethiough language as
follows:
BOULEV ARD TREE ROUTE: City designated route that includes major collector
streets on the City's Thoroughfare Plan that are allowed to be planted with boulevard
trees within the right-of-way.
.
CITY BOULEVARD: Area between property lines on either side of all streets. avenues.
or ways within the city.
STREET TREES, BOULEVARD: Trees on land lying between the edge of curb and the
property line within the city or located in new developments on City approved Boulevard
Tree Routes.
TREES.. REPLACEMENT: A tree that replaces a dead boulevard tree that is installed by
the homeowner on private property. in the front yard ofthe home. and outside of the front
and side yard drainage and utility easements.
TREES. LOT FRONTAGE: Trees installed on private property in the front yards of new
developments by the developer per the Development Contract.
SECTION 2. Section 10-6-10, Landscaping is amended by adding the underlined
language and deleting the strikethrough language as follows:
.
I
. 10-6-10: LANDSCAPING:
(F)Street Tree Lot Frontage Tree and Boulevard Tree Species To Be Planted:
1. Official Street Lot Frontage Trees and Boulevard Trees: The following list
constitutes the official street lot frontage tree and boulevard tree species for
Farmington, Minnesota. No species other than those included in this list may be
planted as street lot frontage trees and boulevard trees without written permission of
the natural resources division. (Ord. 002-469,2-19-2002; amd. Ord. 006-563, 9-18-
2006)
(a). Landscape Plan: Developers of new developments must submit a landscape
plan to the planning division. The planning division will be responsible for
approving appropriate lot frontage and boulevard tree plantin~s. The lot frontage
trees are required in the front yards of lots in new developments. Boulevard trees
in new developments shall only be installed on City approved Boulevard Tree
Routes. The only exception would be if an agreement is made with a homeowners
association or other such organization where the responsibility to maintain the
trees is that ofthe named organization in perpetuity.
2. Allowable Street Lot Frontage Tree and Boulevard Tree Species:
.
Ash
Burgesen
Dakota centennial
Kindred
MarshaUs
Patmore
Summitt
Linden
American
Greenspire
Redmond
.
Sentry
Z-
.
.
Maple
Cle'leland
Crimson king
Emerald lustre
Emerald queen
Fire dance
Green mountain
Majesty
Northwood red
Norway
Schwedler Deborah
Oak
English
Northern red
Pin
Swamp white
Other
Imperial honey locust
Regal elm
Skyline honey locust
Sunburst honey locust
Trees approved by city staff
(a) Spacing; for Street Lot Frontage and Boulevard Trees:
.
~
.
(1) Lot Frontage trees in new developments shall be installed on private
property in the front yard at a minimum spacing of one tree for every forty feet
(40') of street lot frontage or one tree per lot if 40 feet is not feasible. The trees
need not be placed at even forty foot (40') intervals; however, they should be
installed as close to forty feet (40') as possible along the street frontage,
allo:wing for utilities, driveways and interseetion visibility reql:lirements. The
boulevard trees shall be installed per the landscape plan. The developer is
responsible ensuring that for installing the boulevard lot frontage trees are
planted per the landscape plan as required by the development contract. Special
planting designs for boulevard street lot frontage trees need to be approved by a
landscape architect or the planning coordinator division.
(2) Boulevard trees in new developments shall be located on City approved
Boulevard Tree Routes and be installed at a minimum spacing of one tree for
every forty feet (40') of boulevard frontage or one tree per boulevard frontage if
40 feet is not feasible. The developer is responsible for installing the boulevard
trees per the landscape plan as required by the development contract.
(b) Distance From Curb And Sidewalk Location for Lot Frontage and Boulevard
Trees:
.
(1) Bouleyard Lot frontage trees in new developments shall be planted by the
developer -per the Development Contract on private property in the center ofthe
boulO'.Tard width between the property line and ourb or the sidewalk and ourb.
The distance trees may be planted from curbs and side':lalks shall be no closer
than three feet (3') six feet (6') from the front property line and shall be
installed in a parallel line to the front lot line.
(2) Boulevard trees in new developments shall be planted by the developer per
the Development Contract on City approved Boulevard Tree Routes in the
center of the City boulevard width between the pro-perty line and curb or the
sidewalk and curb. The distance trees may be planted from curbs, sidewalks,
trails, or pavement shall be no closer than four feet (4').
(c) Distance From Street Comers And Fireplugs: No street lot frontage tree,
boulevard tree, replacement tree, landscape material or fences shall be located
within the triangle of visibility, which is the area within a triangle created by
measuring from a point on the curb or edge of the street closest to the center of the
intersection, down the front curb lines or edge or intersecting streets thirty feet
(30'), and connecting their end points with a straight line. No street lot frontage
tree, boulevard tree, or replacement tree shall be planted closer than ten feet (10')
from any fireplug.
.
(d) Utilities: No street lot frontage tree, boulevard tree, or replacement tree may be
planted within ten (10) lateral feet of any underground water line, sewer line,
tf
.
overhead or underground transmission line or other utility. Gopher State One shall
be called to request locations of utilities.
SECTION 3. The City of Farmington City Code, Section 10-6-10 (G), Tree
Maintenance on City Boulevards, is amended by adding the underlined language and
deleting the strikethrough language as follows:
10-6-10 (G) Tree Maintenance 00 City Bouleyards:
1. The natural resources program is designed to prescribe various levels of
maintenance to city boulevard trees located within city ovmed boulevards.
(a) Planting Requirements: The natural resources division will review all planting
oftrees and shrubs within "city boulevards", defined as the area between property
lines on either side of all streets. avenues. or ways within the city.
b) Landscape Plan: Dtwelopers of subdiyisions must submit a landscape plan to the
planning division. The planning division will be responsible for approving
appropriate tree plantings vrithin city boulE:wards.
.
fej {Q) Addition To Plan: Trees planted by residents on the boulevards that are in
addition to the tree plan must receive prior approval from the nat1:H'al resources
division. Replacement of Trees:
(1) The City shall be responsible for removing existing boulevard trees that
have died or sustained severe damage. The City shall replace trees on
designated Boulevard.Tree Routes.
(2) The owner of any lot of record existine on the effective date (orieinal
adoption date) may. at his or her own risk. replace a dead boulevard tree
with a new tree to be planted on the boulevard. provided the location of the
new tree is not within ten (10) lateral feet of any undereround water line.
sewer line. overhead or undereround transmission line or other utility.
-W (fl Trimming Requirements: The natural resources division City will be
responsible for all trimming of boulevard trees. As these trees are on city
property, and are essentially and legally city property, they must be maintained
by the city to ensure that they are properly trimmed for structural integrity and
disease control measures.
fet @ Contact RestJonsibilitv of Trees: Residents vlill need to contact the nat1:H'al
resources division when a boulevard tree needs trimming or inspection.
(I) The City will instJect and trim boulevard trees.
.
~
.
(2) The homeowner shall be responsible for trimming lot frontage trees or any
other tree on private property.
00 W Height Standards: Trimming height standards must maintain a ten foot (10')
clearance above any walkway and fourteen feet (14') above the roadway. These
requirements provide clearance for walkers, snow removal equipment and solid
waste vehicles.
W ill Brush From Pruning: The city will not collect any brush resulting from
pruning or removal of trees or brush from private property.
W (g) Emergency Collection Of Brush: An emergency brush situation would
occur when the public safety officer declares one to exist. Then and only then will
the city collect brush generated by residents on private property, as a onetime
emergency service.
SECTION 4. The City of Farmington City Code, Section 8-1-5, Boulevards; Allowable
Uses, is amended by adding the underlined language and deleting the strikethrough
language as follows:
8-1-5: BOULEVARDS; ALLOWABLE USES:
.
(A)No person shall install any structure or improvement or plant any materials in the city
boulevard except at the person's own risk as follows:
1. Street trees as allowed on any lot of record existing on the effective date (original
adoption date) under section 2-9-11 and subsections 1O-6-10(F) and (G) of this code;
(Ord. 006-550, 2-21-2006)
SECTION 5. Effective Date. This ordinance shall be effective upon its passage and
publicatio?- according to law.
.
~
.
ADOPTED this _day of
Farmington.
, 2008, by the City Council of the City of
CITY OF FARMINGTON
By:
Kevan Soderberg, Mayor
ATTEST:
By:
Peter Herlofsky, City Administrator
SEAL
.
By:
Joel Jamnik, City Attorney
Published in the Farmington Independent the _ day of
, 2008.
.
1
Ii;( · (3
.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 10-2-1 DEFINITIONS,
SECTION 11-4-4 (A) WIDTH AND LOCATION AND SECTION
11-4-4 (D) DRAINAGE AND UTILITY EASEMENT
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. The City of Farmington City Code, 10-2-1 Definitions is amended by
adding the underlined language and deleting the striketlrrough language as follows:
LANDSCAPE MATERIAL: Such living material as trees, shrubs, ground cover/vines,
turf grasses (sod), and nonliving material such as: rocks, pebbles, sand, bark, mulch,
brick pavers and earthen mounds (excluding pavement); and/or other items of a
decorative or embellishment nature such as: fountains, pools, walls, fencing, sculpture,
etc.
.
SECTION 2. The City of Farmington City Code, 11-4-4 (A) Width And Location, is
amended by adding the underlined language and deleting the strikethrough language as
follows:
An easement for drainage and utilities at least ten feet (10') wide in the five feet (5')
wide on either side of an abutting property line shall be provided in the front. side.
and rear yard shall be provided along all lot lines. If necessary for the extension of
water main or sewer lines or similar utilities, easements of greater width may be
required along lot lines or across lots.
SECTION 3. The City of Farmington City Code, 11-4-4 (D) Drainage and Utility
Easements, is amended by adding the underlined language and deleting the strikethrough
language as follows:
.
No structures, ele:'/ated landscapffig~ material, or impervious surfaces. with the
exception of turf grasses, are allowed within a property line front. side or rear yard
drainage and utility easement with the exception of fences installed on the property
line. No plant material/impervious surface is allowed to encroach v/ithin the easement
that will negatiyely affect the drainage within the easement, reroute the drainage onto
adjacent properties, or inhibit the access to the easement. No grade change (i.e.,
berms, retaining walls, planting areas with elevated mulch, etc.) \yithin the easement
shall be allowed. All landscaping must match the finished grade approyed on the as
built certificate that is ayailable from the building inspection division. All Any non-
I
.
conforming improvements within the easement are placed at the owner's own risk.
(Ord. 006-564, 10-16-2006)
SECTION 4. Effective Date. This ordinance shall be effective upon its passage and
publication according to law.
ADOPTED this _day of
Farmington.
, 2008, by the City Council of the City of
CITY OF FARMINGTON
By:
Kevan Soderberg, Mayor
ATTEST:
.
By:
Peter Herlofsky, City Administrator
SEAL
By:
City Attorney
Published in the Farmington Independent the _ day of
, 2008.
.
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