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Home My WebLink About12.13.05 Planning Packet City of Farmington 325 Oak Street Farmtngton~ MN 55024 A Proud Past - A Promising Future Committed to Providing High QlJaliCy, Timely and Responsive Service to All Of Our Customers . AGENDA PLANNlNG COMMISSION December 13, 2005 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) November 8, 2005 3. PUBLIC HEARINGS . a) Variance to the floodplain Overlay District Requirements to allow the addition to a residential home within a flood zone. (con't) Applicant: David Marsh 204 1st Street Farmington, MN 55024 b) Variance to allow the addition to a residential home within the B-2 Zoning District. (con't) Applicant: David Marsh . 204 1 st Street Farmington, MN 55024 c) Variance to the Off-Street Parking Requirements in the Vermillion River Crossings Phase I Project. Applicant: Pedersen Ventur~s 14831 Energy Way Apple Valley, MN 55124 . . d) Amend the Comprehensive Plan for the Existing and Proposed Park, Trails an4 Open Space Plan Map Applicant: City of Farmington - Parks 8: Recreation Department - Randy Distad, Parks & Recreation Director e) Conditional Use Permit - Special Exception to allow the moving of a house from 315 Elm Street to the Lot at 4th and Main Streets. . Applicant: Joe Heinen Goldner Hawn Johnson, Morrison Incorporated 3700 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402 4. DISCUSSION . a) Mystic Meadows 2nd Addition Concept Plan b) Concept Plan Review - Sunrise Ponds - Perkins Property 5. ADJOURN . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Planning Commission IJfC/ FROM: Lee Smick, AICP City Planner SUBJECT: 1. Variance to the Floodplain Overlay District Requirements to allow the addition to a non-conforming use (residential home) within a flood zone. 2. Variance to allow the addition to a residential home within the B-2 Zoning District (continued from October 11, 2005). DATE: December 13,2005 INTRODUCTION The applicant is seeking a variance to the floodplain ordinance as described in Section 10-5-25 (K) of the City Code (Exhibit 1) to construct an addition to his single-family home located at 204 1 st Street (Exhibit A). The property is zoned B-2, Downtown Business with surrounding properties to the north and south of 204 1 st Street also zoned as B-2. The Marsh residence is considered nonconforming because it is a "residential use" located in a business zone. It has also been determined that the existing house is located within the flood fringe (the zone between the floodway and the edge of the 100-year floodplain). Because of these two factors, the applicant needs approval for both a "use" variance and a "floodplain" variance in order to expand his home within the flood fringe. DISCUSSION To understand the floodplain ordinance, it is important to understand the terminology stated in the code. The following are definitions associated with Section 10-5-25. Staff comments are italicized: FLOODPLAIN: The channel or beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by a regional flood. Floodplain areas within Farmington shall encompass all areas designated as unnumbered zone A, zone A3 and zone AE on the flood insurance rate map. Therefore, the floodplain encompasses the floodway and flood fringe to the 1 OO-year flood elevation boundary. . FLOODW A Y: The bed of a wetland or lake and the channel of a watercourse'and those portions of the adjoining floodplain which are reasonably required to j:1arry or store the regional flood discharge. Therefore, the floodway is the Vermillion River within its current banks. FLOOD FRINGE: That portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the flood insurance study for the city of Farmington and Dakota County, Minnesota. Therefore, the flood fringe is the zone between the floodway and the edge of the 100-year floodplain. Any construction of structures near the floodplain needs to meet two conditions. First, the proposed structure must be located within the flood fringe portion of the floodplain.' Second, compensatory flood storage volume must be Rrovided equal to the amount of fill proposed, meaning that any construction in the flood fringe requires mitigation in an amount equivalent to the amount of fill brought in to make the new first floor elevation 2 feet above the 1 OO-year floodplain elevation. In the case of Mr. Marsh, any construction would require a first floor elevation of 904.5 '. . On October 11, 2005, the Board of Adjustment preliminarily indicated that the requested use variance might potentially satisfy the requirements and criteria of the City Code (see attached memo and minutes in Exhibit 2). Once again, a second variance is also required, since the home is located within the floodplain. This variance required a 10-day notice to the Department of Natural Resources (DNR) for its comments. The DNR's representative, Patrick Lynch, sent an e- mail to City staff on November 21, 2005 (Exhibit 3). In his e-mail.Mr. Lynch agreed with Erik Peter's assessment of the 100-year floodplain by stating that the elevation is at approximately 902.5'. The applicant directed a surveyor, Del Schwanz, to prepare a survey of his property (Exhibit 4). As shown on the survey, all of the buildings on the property including the shed, garage, and a portion of the house are below the lOO-year floodplain elevation. Only the north portion of the house is located above the 100-year floodplain at 902.8. City staff has also submitted information concerning the location of the house within the floodplain (Exhibit 5). Because of this information, Patrick Lynch has requested that the City deny the variance because the "hardship test has not been made, and it would be unsound floodplain management to allow expansion/intensification of an existing non-conformity (residence in a B-2 zoning district). Mr. Lynch further writes that "the DNR does not find the variance request in keeping with your (City of Farmington) adopted floodplain ordinance or with sound floodplain management". City staff has reviewed information from the DNR, the surveyor, and the City's storm water consultant and have determined that the addition to the non-conforming residence does not meet the floodplain ordinance requirements. City staff therefore recommends to the Planning Commission that the variance to the floodplain ordinance be denied. 1 The board of adjustment may vary the regulations of this title if all of the following requirements are met: . 1. Because the particular physical surroundings, 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. 2 . . . Mr. Marsh moved into the home in November 1999. He has lived in the home for 6 years in its current condition and could continue to remain in the house as a non- f conforming use without being displaced due to the flood ordinance. 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. The conditions for a variance in the floodplain are not unique to this property since the"property to the north of the Marsh residence is within the flood fringe and would also require a variance if that property owner wanted to expand his residential use. 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 existing house was built in 1905, when floodplain ordinances were most likely not in effect. Mr. Marsh did not locate the existing house in the flood fringe, however any addition to the existing house will be created by the person having an interest in the parcel of land. 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. Most of the existing home's floor elevation is below the regulatory flood protection- elevation of 902.5' (lOO-year flood elevation) potentially creating injurious ~ conditions to the home from a 1 OO-year flood event. 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 variance would create the continued potential for flooding of the existing home because it's below the 1 OO-year floodplain causing a detriment to public welfare and .. safety... .. 6. The requested variance is the minimum action required to eliminate the hardship. Additional actions would be required if the home was expanded including the need for the applicant to determine a location for the creation of additional flood storage since the code requires the storage volume to be equal to the amount of fill proposed. Additionally, the City Engineer needs to review and approve a permit prior to the extension of a nonconforming ust!. State and Federal Permits may also be required- for construction within a floodplain. Since the floodplain ordinance does not allow the proposed addition to Mr. Marsh's home, the best opportunity for new development on this lot would involve using the parcel for commercial uses. If, for instance, Mr. Marsh sold his property for commercial use, the house could be 3 . . . removed from the site and a new commercial building could be built on the site if it was built within the flood fringe, and the developer mitigated the floodplain, and the lowest floor of the commercial building was 2 feet above the 100-year floodplain elevation. City staff will work with Mr. Marsh to assist him in this endeavor ifhe so chooses. ACTION REQUESTED There are two variances to consider for the Marsh property: 1. City staff recommends that the Planning Commission deny the variance request to allow the addition to a non-conforming use within a flood zone. Ifthe requested variance is denied, the other requested variance arguably becomes moot. However, if the Planning Commission elects to take action on the other request, the City staff recommendation is as follows: 2. City staff recommends that the Planning Commission deny the variance request to allow the proposed addition to a non-conforming residential home within the B-2 Zoning District. Respectfully submitted, ~~ Lee Smick, AICP City Planner cc: David Marsh, 204 151 Street 4 . . . tX/dI!1i-r 4 CITY OF FARMINGTON VARIANCE APPLICATION Fannington, MN 55024 651-463-7111 FAX 651-463-1611 Applicant Name /) ,q-v-/ () //1/f1l<Ytf- Applicant Address ?d Y / >/ ;;:r ~W1IVl~ i/)1v.-- Street City'" State Phone Number t. 5/- ,-/{ptJ -Lj.? S-r Legal Description of Subject ProI,>erty: (lot, block, plat name, section, township, range) 201 !~-f 51- .p~/nr I /d// ~2-L( Zip Code Current Land Use .1'_ I I? u..5 ; (1 e.S <) 8-2- Current Zoning District Specific Nature of Request / Claimed Hardship: Following Attached: (please check) _ BoundarylLot Survey Application fee $200 _ Copies of Site Plan stractJResident List (adjoining property owners only) _ Torrens (Owner's Dublicate Certificate of Title Required) Property Owner's Signature Date 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 variance would not create any of the above-mentioned adverse effects. 6. The requested variance is the minimum action required to eliminate the hardship. The applicant has designed the addition to meet the needs of his family. The requested variance is the minimum necessary to meet those needs. ACTION REQUESTED The Board of Adjustment should review the variance request and discuss, through its power to authorize changes of lawful nonconforming uses, whether the request meets variance requirements and criteria. If not, the variance should be denied. However, if the request satisfies the applicable criteria, the public hearing should be continued to the November 8th Planning Commission meeting so that the expansion variance and the floodplain variance can be considered and acted upon together. Respectfully submitted, ~~ Lee Smick, AICP City Planner . cc: David Marsh, 204 1 st Street . 3 10-4-2 EXI-I/Bri S 1 0-4-3 . 10-4-2: NONCONFORMING USES: X (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: -:f 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 provi- sions 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) 1 0-4-3: ANNEXATION AND DESIGN A TION OF LAND: (A) Land areas which may be added to the city by annexation, merger or other means shall be classified A-1 agriculture until such time that the city council may rezone the added territory to more appropriate classifications. (Ord. 002-469, 2-19-2002) . December 2003 City of Farmington /1 ~ 1/ I . I /: ,./, r< ;( J i/; 1 ( ,. i,'1/7 /f.',/, --! ".' ",./ .. 'II,," l/ft"""), /Y' // /'''zP1'f/t'''''- III.!! y.f>(' ~ l_' 'IE, .'/...... \. J! ./"",',/ 1 './' J>~ : t,-' j.' _) ~ <-~,,,,:~,,""'~p_.-,,,~ ~l,__ \ 1_ t7 7 ( ! (( \ '-- r-.") r' It' ~- ['flliB/1 C 4 N .;" /,,:" , i.f .,t;. // J</ r /:v~. .1',...:,. ~,/. / "'l'l" .' /"" r 'z [ .) ~~-'~--- i c-:::::J I,' ~.._' , _ .~,.- "~~-'~l; i ri! ____.::.___ i :H) i I ,,:," r:~...._,~,""'''''' ~.{~...~_--:;:r- '," . I ' , .!--..~--~"..~ , : -- .... ---71~ ~ 'r11 i "1 In ; ,L:dl, .': l ; ,. .~ - ,: i .-., i . , '., i I f,-ii.. ,,.:":~' ! i . l :,",J ' . ~~, '~Ii .............-,1--1...--1 ~ ---.~- ~ ;"\:f~~ !(?:+ ~ .;~'.::,.1, ~::-O:t\r ~":tL ,,1! -- ! ______jH----JJ--'--J~ , "'I : if Hl l-------,n ________ \ I Ii : i I : .1 __~~~=~_~~_Jl PLAN: P004 Floor 1 Square Feet=1963 Floor 2 SQuare Feet=749 Total S.F. = 2712 Copyright WOLFGANG TROST ARCHITECTS . 1 30\ J; . . r""I ~ -1 ~ I llr: 6'(11113 tl [) " I- ~- , t ] W '" .~ ,..... l.o I- ;,,;', .... L l- I-- t-- .. I I J I --1 CD 'i' I .' 1 I " lS H19 . 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September 2, 2005 Mr. David Marsh 204 151 Street' Farmington, MN 55024 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminJrton.mn.us e;r/l/1311' r RE: 1st Street Improvements, 2020 Comprehensive Plan Amendment, Amendment to Zoning Map, and Approval of City Center 2nd Addition Plat Dear Mr. Marsh: I have been informed that you have requested information concerning the use of 151 Street as a transportation route, and that you are interested in determining how your property was zoned B-2. I have attached a number of items to this correspondence, hoping that this will answer your questions. A) August 7, 1989 B) 1998-2000 City Council approved the ordering of the 15t Street construction project from Main Street to Elm Street. As highlighted in the minutes, the street was designated an MSA Route (Minnesota State Aid) by the City, allowing the City to use State Aid funding to construct the improvements. Also attached is information about the MSA program run by MnDOT and a table showing that 15t Street remains a designated MSA Route. Other highlighted comments in the minutes shows that 15t Street will be constructed at 44 feet in width, making it a minor collector roadway as stated in Section 11-4-3 (P) of the City Code. A minor collector street is defined in the City Code under Section 11-1-6 as the following: STREETS, COLLECTOR: Those streets which carry traffic from local streets to the major system of arterials and highways. Collector streets primarily provide principal access to residential neighborhoods, including, to a lesser degree, direct land access. 2020 Comprehensive Plan Update Process began with two visioning sessions on July 8, 1998 and July 29, 1998. Neighborhood meetings were conducted in October of 1998. The Comprehensive Plan designated your property at 204 15t Street as Commercial because of the commercial uses across the street and the knowledge that 151 Street was designated as a minor collector for more traffic to utilize the road. The Planning Commission discussed the Plan in January, February, and March in 1999. A Public Hearing Notice was included in the Farmington Independent on March 11, 1999 and the Planning Commission approved the Plan on March 23, 1999. The Plan was required to be reviewed by the Metropolitan Council. The City Council adopted the Plan on May 15, 2000 and the Metropolitan Council approved it on March 22, 2000. EXH/BIIF C) 2002 Zoning Map Amendment - The Zoning Map was revised to be in compliance of the approved 2020 Comprehensive Plan. The Planning Commission reviewed the proposed revisions on March 26, 2002 and April 9, 2002. A Public Hearing notice was published in the Farmington Independent on April 4, 2002, stating that the hearing would be held on April 23, 2002 with informational meetings held on April 11 th and 18th for residents to review the proposed revisions. The Planning Commission approved the revised Zoning Map on April 23, 2002. The City Council approved the revised Zoning Map on May 6, 2002, showing your property as B-2 and thereby complying with the Comprehensive Plan designation of Commercial. . D) 2002 City Center 2nd Addition Preliminary and Final Plat - A Public Hearing notice was published in the paper on February 28,2002, for review of the plat at the Planning Commission on March 12, 2002. The developer prepared an abstract list for properties within 350 feet of the plat. Your name appears on the abstract list. The notices for residents on the abstract list were mailed on February 28, 2002. The Planning Commission approved the plat on March 12, 2002, stating that the service road onto 151 Street from Econo Foods should be completed in order to alleviate traffic congestion problems on Elm Street. The City Council approved the Plat on April 1, 2002. If you have any questions concerning this information, please do not hesitate to call me at 651-463-1820. . il~ Lee Smick, AICP City Planner cc: Kevin Carroll, Community Director Tony Wippler, Assistant City Planner Lee Mann, City Engineer File . . . . el1/18/r G- September,22, 2005 To Whom It May Concern: Weare looking to add on to our house, we curmetly live in a house approx 1100 sp ft. Our goal is to increase our house size to approx 3400 sq ft. We have been Fannington Residence for over 6 years now and truly enjoy the small town feel, currently have one child and are looking to expand our family but in our current house size its just not possible, if you would consider alowing us to put our planned addition on it would allow for that growth as well as increased taxes for the city and school board based on the size of our new house. Thank you David Marsh 204 1 st ST. PMN;:;'J . . * . 10-5-25: FLOODPLAIN OVERLAY DISTRICT: Page 60f9 granting of the variance. -txHI13I-r , 3. When Allowed: Variances from the provisions of this title may be authorized where the board of adjustment has determined the variance will not be contrary to the public interest and the spirit and intent of this title. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection than the regulatory flood protection elevation. Variances may be used to modify permissible methods of flood protection. 4. Copies Of Application: The board shall submit by mail to the commissioner of natural resources a copy of the application for proposed variance sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail to the commissioner of natural resources within ten (10) days of such action. 5. Appeals: Appeals from any decision of the board may be made, and as specified in this community's official controls and also Minnesota statutes. 6. Flood Insurance Notice And Record Keeping: The zoning officer shall notify the applicant for a variance that: a) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance as stated by current FEMA policies for insurance coverage, and b) such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the national flood insurance program. (K)Nonconformities: A structure or the use of a structure or premises which was lawful before the passage or amendment of this title but which is not in conformity with the provisions of this title may be continued subject to the following conditions: 1. No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. 2. An alteration within the inside dimensions of a nonconforming use or structure is permissible provided it will not result in increasing the flood damage potential of that use or structure. 3. The cost of all structural alterations or additions both inside and outside of a structure to any nonconforming structure over the life of the structure shall not exceed fifty percent (50%) of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community's initial floodplain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds fifty percent (50%) of the current market value of the structure, then the structure must meet the standards of subsection (F) of this section for new structures. 4. If any nonconforming use of a structure or land or nonconforming structure is destroyed http://66.113.195.234/MN/Farmington/13005000000025000.htm 12/5/2005 " . . 10-5-25: FLOODPLAIN OVERLAY DISTRICT: Page 7 of9 Yxtl/SI/ ,,' by any means, including floods, to an extent of fifty percent (50%) or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title. The city engineer may issue a permit for reconstruction if the use is located outside the f100dway and, upon reconstruction, is adequately elevated on fill in conformity with the provisions of this title. (L)Penalties For Violation: A violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variance) shall constitute a misdemeanor. 1. In responding to a suspected ordinance violation, the zoning officer and local government may utilize the full array of enforcement actions available to it including, but not limited to, prosecution and fines, injunctions, after the fact permits, orders for corrective measures or a request to the national flood insurance program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the national flood insurance program. 2. When an ordinance violation is either discovered by or brought to the attention of the zoning officer, the zoning officer shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate department of natural resources and federal emergency management agency regional office along with the community's plan of action to correct the violation to the degree possible. 3. The zoning officer shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the zoning officer may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the zoning officer may either: a) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or b) notify the responsible party to apply for an after the fact permit/development approval within a specified period of time not to exceed thirty (30) days. 4. If the responsible party does not appropriately respond to the zoning officer within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The zoning officer shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this chapter. (M)Amendments 3 : All amendments to this title, including revisions to the official floodplain zoning district map, shall be submitted to and approved by the commissioner of natural resources prior to adoption. The floodplain designation on the official floodplain zoning district map shall not be removed unless the area is filled to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside of the floodplain. Changes in the official zoning map must meet the federal emergency management agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The commissioner of natural resources must be given ten (10) days' http://66.113.195.234/MN/Farmington/13005000000025000.htm 12/5/2005 . . . EXII/5rr 2.'Q, City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Planning Commission FROM: Lee Smick, AICP City Planner SUBJECT: Variance to Expand a Nonconforming Use - 2041 st Street DATE: October 11, 2005 INTRODUCTION The applicant is seeking a variance (Exhibit A) from Section 10-4-2 (B)(l) of the City Code (Exhibit B) to construct an addition to his single family home located at 204 1 st Street (Exhibit C). The property is zoned B-2, Downtown Business with surrounding properties to the north and south of 204 1st Street also zoned as B-2 (Exhibit D). The residential use of the property is considered nonconforming and therefore requires approval of a variance to expand the structure as proposed. Additionally, the existing home at 204 1 st Street is located within the flood fringe, between the limits of the 100 and 500 year flood. Therefore, if the Board of Adjustment indicates on October II th that it is inclined to grant the expansion variance, a second variance (from the City's floodplain requirements) will have to be considered by the Board of Adjustment at the Planning Commission's next regular meeting on November 8, 2005. The second variance requires a 10- day notice to the Department of Natural Resources for their comments and an approved permit from the City Engineer prior to the change or extension of a nonconforming use. DISCUSSION The property was rezoned from R-2 (Low/Medium Density Residential) to B-2 (Downtown Business) on May 6, 2002 in order to be consistent with the Comprehensive Plan. The Comprehensive Plan, adopted on May 15, 2000, designates the property as "Business," (Exhibit E) which is believed to be the most appropriate long term use of the property because of its proximity to the City Center commercial area and a possible future stoplight at 1 st and Elm Streets. Mr. Marsh has stated that he was unaware of the Comprehensive Plan Amendment from residential to business for his property and the rezoning of his property from R-2 to B-2 when he was at the City to apply for a building permit. At that time, he requested a timeline from the City for the dates of the original approvals of the amendment and rezoning (Exhibit F). Because the . ..... . . . property is within a B-2 zoning district, he is required to apply for a variance to expand the . structure as proposed. The language in Section 10-4-2 (A) of the City Code (Exhibit B) gives the Board of Adjustment (Planning Commission) the power to authorize changes of lawful nonconforming uses. An applicant/property owner is allowed to seek to change/modify/expand the lawful nonconforming use within the structure. Proposals to expand the use beyond the footprint of the existing structure would require a variance. Mr. Marsh has submitted a letter (Exhibit G) that explains his request and the need to expand his home because of the expansion of his family. The City Code provides the following criteria that must be met for a variance to be approved: 1. Because the particular physical surroundings, 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 ofthis Title. The property has been used for residential purposes since the home was constructed in 1905. The current owner intends to continue residing on the property but wishes to make improvements to meet the needs of the family. Rezoning this residential property to commercial has limited the owner's ability to expand its residential use. . 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. The Marsh parcel, at 21,600 square feet, is much larger than many of the nearby residential lots. Its size makes it more suitable for an expansion of the type proposed than most of the nearby properties that are zoned B-2. 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 hardship, if any, was not created by the applicant; it was created by the approvals of the amendment and rezoning of the property. 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 character of the area will not be changed since the actual use of the property will not change. . 2 . . . txff/t5rr 2/1 Planning Commission Minutes Regular Meeting October 11, 2005 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty, Barker, Johnson, Larson, Richter Members Absent: None Also Present: Kevin Carroll, Community Development Director; Lee Smick, City Planner; Tony Wippler, Assistant City Planner 2. Approval of Minutes a) September 13, 2005 MOTION by Johnson, second by Richter to approve the September 13, 2005 Minutes. APIF, MOTION CARRIED. 3. Public Hearings ~ a) Variance to Allow the Addition to a Residential Home within the B-2 Zoning District Applicant: David Marsh, 204 1st Street Mr. David Marsh is seeking a variance to construct an addition to his home at 204 1 st Street. Elm Street is to the south and 1 st Street is to the east. The Comp Plan amendment in 2002 changed from R-2 to B-2 as well as the zoning map. The home is currently 1100 sq. ft. and Mr. Marsh would like to expand the home to 3400 sq. ft. The lot does exist in the flood fringe which is between the 100 year and 500 year flood. If the variance is approved staff will need to look at the flood plain location on the ground, which means surveyors making points on the ground to make certain where the flood plain is to determine where the expansion could be. There is a flood plain requirement which involves the DNR, 1 O-day notice of a public hearing, and approval of the building permit by the City Engineer to make certain it is out of the flood plain. The first step is for the Planning Commission to approve the expansion. There are six requirements for a variance: 1. Because of the physical surroundings, shape, configuration, topography or other conditions ofthe parcel, strict adherence to the regulations would cause undue hardship. Staff felt the property has been used for residential purposes since the home was constructed in 1905, the current owner intends to continue residing on the property but wishes to make improvements to meet his family's needs, rezoning this property to commercial has limited the owners ability to expand its residential use. 2. The conditions upon which a variance is based are unique to the parcel of land for which the variance is sought. This parcel is the largest of all the B-2 . . . Planning Commission Minutes October 11,2005 Page 2 parcels at 21,600 sq. ft. Its size makes it more suitable for the type of expansion proposed. 3. The alleged difficulty or hardship is caused by this title and has not been created by anyone having interest in the property. It was created by the approval of the Comprehensive Plan amendment and the rezoning of the property. 4. The granting of the variance will not alter the essential character of the locality or be injurious to other properties. 5. The proposed variance will not substantially increase the congestion of the public streets or increase the danger of fire, or be detrimental to public welfare. 6. The requested variance is the minimum action required to eliminate the hardship. The applicant has designed the addition to meet the needs of his family. Staff asked the Planning Commission to review the request and if it satisfies the criteria the public hearing should be continued to the November 8, 2005 Planning Commission meeting so staff can get information to the DNR and the City Engineer, Mr. Marsh can have the property surveyed to determine the flood plain lines, and determine how the expansion will sit in conjunction with the flood plain line. Commissioners Richter and Barker were in favor of the variance. Commissioner Johnson stated with the expansion Mr. Marsh will be within the 100-500 year flood plain. He asked ifthe City would be culpable because they are allowing the expansion and who is responsible for it if we have a 100 or 500 year flood. City Planner Smick stated once the City Engineer signs off on the permit, the City is no longer liable. The survey is the most important piece. We need to determine exactly where the 100 year and 500 year flood plain is and how the expansion will sit on the property. If it goes into the 100 year flood plain, the City Engineer will not sign off on it. Staffwill also check with the City Attorney and the DNR. Mr. David Marsh, stated the current basement is the only underground structure that would remain. Everything else will be a crawl space. He is very aware of what the 100 year flood plain means and the mitigation. He will design what they can to fit what they are allowed to do. Commissioner Larson asked what the floor elevation is above the center line of the street. Mr. Marsh replied 2.5 - 3 ft. above the street. Commissioner Larson was in favor ofthe variance. Chair Rotty stated when the Comp Plan was amended it was not the intent to disallow current property owners from doing any expansion. He supported the vanance. . . . Planning Commission Minutes October 11,2005 Page 3 b) City Planner Smick advised Mr. Marsh to have a survey done as soon as possible. There is the possibility he might have to rearrange some of the house. MOTION by Johnson, second by Barker to continue the public hearing to November 8, 2005. APIF, MOTION CARRIED. Time Extension for a Conditional Use Permit at K&K AutO. RRaai ch Applicant: Ivan Janssen, K&KAuto Ranch, 1024 8th streey-- April the Commission approved a conditional use permit ~~llow Mr. Janssen to s I vehicles from the northern portion of his lot. A pop6n of the project was to be corporated with the Ash Street reconstruction pr9:fect which included the storm wer. There was to be one catch basin locate(l6~ the property. Two were installed 0 handle the drainage on the western sid~dfthe property. Mr. Janssen is request! g the extension because the improvement was just completed last week so he as not able to do the paving and er improvements he was to have done by Nov ber 15,2005. Mr. Janssen is equesting a one year extension to the CUP in 011 r to do the bituminous par ng. He has done the retaining wall, but still needs to rovide steps from the uthern portion to the northern portion. Landscaping requi ments also need t e fulfilled as well as installation of a fence. Commissioner Barker as d wh e can get done in the next month. Staff stated there is a chance he may be b to get the fence in, and he may be able to do the parking. The request was m e three weeks ago, and at that time Mr. Janssen was not sure when the catch b ns d the pipe would go in. Commissioner Barker felt one year was a little xtreme. He would be more in favor oflate spring. Commissioner Jo on agreed that a ear is a little long. He asked ifthe Ash Street project wa he only thing holdin up his work. Staff stated that is correct. Commissioner irson agreed and realize scheduling a small job like this now is impossible. was willing to give Mr. Jan en more time, but not one year. Commissio r Richter agreed with less than ~~ year. Chair ty asked for a recommendation of a dat~ Commissioner Richter \ sugg ted July 1, 2006. The Commission agreed with this recommendation. Co missioner Larson asked if the storm sewer drains'were working. Staffwas not certain if they have been tested. Commissioner Lars~n wanted to see these storm drains working before the snow melts so anything that runs across the lot goes into the storm drains. MOTION by Johnson, second by Barker to close the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Richter to approve the time extension to July 1, 2006. APIF, MOTION CARRIED. Lee Smick t?JI-IIBIT 3 .rom: ent: 0: Cc: Subject: Pat Lynch [pat.lynch@dnr.state.mn.us] Monday, November 21,200512:18 PM Lee Smick Erik Peters (External); Lee Mann; Ceil Strauss; Suzanne Jiwani; Tom Lutgen David Marsh Variance Request, Vermillion River Floodplain, 204 1 st Street, Farmington As we discussed last Friday afternoon, I received the variance application at my office the morning of November 18 (last Friday). It made its way from the Commissioner's Office to the Waters office at our headquarters, to me here at the regional office. For future floodplain or shoreland CUPs, amendments, rezoning, variance notices , etc, please send them to me here (on behalf of the Commissioner) at 1200 Warner Road St Paul, 55106. I looked at the materials you submitted and have the following comments/observations: On the second paragraph of your memo to the Commissioner, you indicate the existing home "is located within the flood fringe, between the 100 and 500 year flood." If the home is indeed within the floodfringe it is within the bounds of the 100-year floodplain, as the floodplain consists of the floodway and floodfringe. The floodfringe is not between the 100-year and SOD-year flood elevations. The draft minutes of the Oct 11 Planning Commission meeting also refers to the lot being in the flood fringe, between the 100-and SOD-year flood. Again, the floodfringe is a component of (and wholly within) the 100-year floodplain. I looked at the Flood Insurance Study (FIS) for the City of Farmington. The property is located roughly half way between cross-sections D and E. The 100-year flood elevations at the cross sections are 900.4' and 903.3', respectively. I concur with Eric Peters' ectober 24 assessment that indicates a 100-year floodplain elevation at the site of oughly 902.5'. Based upon the survey prepared by Del Schwanz, it looks as if the existing home and garage are in the 100-year floodplain. I also looked at the Floodway map for the area. I do not believe the existing structures extend into the floodway. Eric Peters also concluded this. Please refer to your floodplain ordinance that addresses development in the floodfringe. It also addresses non-conformities (such as this home). I do not think that the proposed improvements are in keeping with the adopted floodplain regulations. Structures must be elevated a minimum of one foot above the 100-year flood elevation. Any addition would have to meet this requirement. If the proposed addition/improvements exceed over 50% of the market value of the structure, the entire structure would have to be brought in to conformance (elevated to the Regulatory Flood Protection Elevation), in accordance with the ordinance. The DNR does not find the variance request in keeping with your adopted floodplain ordinance or with sound floodplain management. The hardship test has not been made, and it would be unsound floodplain management to allow expansion/intensification of an existing non-conformity. We recommend the city deny the variance as requested. If the city feels the existing and of the hearing by address. Thank you. otherwise, additional information regarding the low floor elevation of proposed structure need to be provided. Please advise me of the outcome either e-mailing me at this address, or by mail at the 1200 Warner Road . 1 NOV-3-2005 09:04 FROM:SCHWANZ LAND SURVEYO 6514236949 a TO: 4631611 . David Marsh Boundllry SUrVtlY fO,.: DELMAR H. SCHWANZ LAND SURVEYORS, INC. . ~ a ~ ~ s ~ .. ~ ~ ~ ! &? ~ ~ ~ .... III III ~ ij ... Cl. ~ ~. .. ~ ,... .w 5 l:l ftl ..... ~ '" ::r '" ~ tb ~ .. ~ .... ~ Po ... .. <l. . '4555 SOUTIi ROBERT TRAIL ROSEMOUHT. MINNESOTA 55068 651 ~17ll9. SURVEYOR'S CERTIFICATE (q. e. ... ~ z l ~ i!~ '" c !I)'l;) '" Cll '" .., s~ ~ I .. 800 '03' 41 itr= - ... it ... 120 0". ~&; ... ~ .. r, ~ ~. 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I '\ I.. 1.J ' i.a ~,ie' + \... + ,+ \ . -... ~ ~ ."'-.J L ~ t Ut ~~ '" I , '~ to "'.. ~ + .., + ~ '\ ""'- ,~..- ..~- -"~- a.. U. "-.--.-- i.-.- I !L'efU.,~.- ~ +1 ~;. ~ ~ ~ ... ... <:> eXII/1}f( .5.- . :::::> ~. ~ ." ~. r . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Planning Commission YfC/ FROM: Lee Smick, AICP City Planner SUBJECT: Variance to the Off-Street Parking Requirements in the Vermillion River Crossings Phase I Project - Block 3 Applicant: Pedersen Ventures 14831 Energy Way Apple Valley, MN 55124 DATE: December 13,2005 INTRODUCTION At the November 8, 2005 Planning Commission meeting, the Commissioners directed staff to review parking standards for surrounding communities to determine if revisions to the current parking code are warranted. The applicant, Pederson Ventures, has agreed to a 60-day extension for the review of the variance in order to await the findings of the research by staff (see attached letter). The 60-day extension will expire on February 21, 2006; therefore, the last opportunity to review the variance would be February 14, 2006. Staff will keep the Planning Commission informed about the progress of the research. ACTION REQUESTED Continue the public hearing for the variance to January 10,2006. R:;;~ Lee Smick, AICP City Planner cc: Pedersen Ventures, Inc. Bob Weigert, Paramount Engineering . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us November 30, 2005 Mr. Robert Pitner Mr. Richard Allendorf Pedersen Ventures 14831 Energy Way Apple Valley, MN 55124 VIA E-MAIL & SURF ACE MAIL Re: Application for Variance Request to Parking Requirements - Vermillion River Crossings Dear Gentlemen: The purpose of this letter is to notify you that pursuant to Minn. Stat. ~ 15.99, subd. 3(f) the City of Farmington is extending the time period for review of your application submitted by you to the City on October 21.2005 for a Variance Request to Parking Requirements for the Vermillion River Crossings project. The reason for this extension is to allow additional time for staff to research parking standards in surrounding communities to determine if revisions to the parking code are warranted. On November 8, 2005, the Farmington Planning Commission directed staff to conduct this research. The anticipated length of this extension is an additional 60 days from the date of expiration of the City's initial 60 days for review provided under Minn. Stat. ~ 15.99. The initial 60-day time period will expire on December 21,2005. The time period is extended until February 21, 2006 for action on your variance request. Please feel free to call me at (651) 463-1820 with any questions you may have regarding your application or the City's process for review of your application. Respectfully submitted, a:dSR Lee Smick, AICP City Planner cc: Kevin Carroll, Community Development Director Tony Wippler, Assistant City Planner Lee Mann, Director of Public Works/City Engineer File . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Farmington Planning Commission FROM: Randy Distad, Parks and Recreation Director RE: Comprehensive Plan Amendment Regarding Existing and Proposed Park, Trail and Open Space Plan Map DATE: December 7, 2005 INTRODUCTION The City of Farmington amended its Comprehensive Plan early in 2004 addressing the location of parks, trails and open space. At that time the Existing Parks, Trails and Open Space Map was amended to a new map titled Existing and Proposed Park, Trail and Open Space Plan Map (Plan Map). In the fall of 2004, the Plan Map was further amended so that it addressed properties that were granted Metropolitan Urban Service Area (MUSA) designation. . DISCUSSION Bridgeland Development Company (the Developer) will be submitting a conceptual development plan to the Planning Commission at its December 13, 2005 meeting for land that is currently in Empire Township. Ifthe conceptual development plan is approved, a Joint Resolution regarding the annexation of the property will be prepared and presented to the Empire Town Board members for their consideration. If the Town Board and the Farmington City Council both approve the Joint Resolution the property will become part of Farmington. The Park and Recreation Advisory Commission reviewed the current Plan Map at its September 2005 meeting and are recommending to the Planning Commission that the Plan Map be amended to show trail alignments on this property so that if this property is annexed into the City, the trail locations will already have been identified. Attached and shown as Exhibit A is the amended Plan Map that identifies the location of the trails on the Perkins Property. ACTION REQUESTED Hold a public hearing on and approve amending the City's Comprehensive Plan to include a revised Plan Map that shows the location of trails on the Perkins property. .JrYect~llY~ ~trJad Parks and Recreation Director . cc: Park and Recreation Advisory Commission Members . . tLXHfGff . Existing and Proposed Park, Trail, and Open Space Plan Map N W+E S ~ ::t. ~ ....... "1 ~ Created on April 9, 2004 Revised on June 10, 2004 Revised on September 10, 2004 Revised on November 4, 2005 . . . - - - -.- -----------. -- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Planning Commission FROM: Lee Smick, AICP City Planner \Vf0 SUBJECT: Special Exception/Conditional Use Permit Application - Moving House across within City on Public Right-of-way DATE: December 13,2005 INTRODUCTION The applicant, Joe Heinen, is seeking Planning Commission approval for a Special Exception/Conditional Use permit to allow a house to be moved across the City's public right-of- way from its current location at 315 Elm Street to the southeast comer lot at 4th and Main Streets (201 4th Street). Planninl! Division Review Applicant: Attachments: Current Location of Structure: Moving To: Surrounding Land Uses Of Proposed House Location: Joe Heinen Goldner Hawn Johnson, Morrison Incorporated 3700 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402 1. Location Map/Proposed Travel Route 2. Section 10-3-8: Special Exceptions 3. Special Exception/Conditional Use Permit Application/supplemental information 4. Photos of House 5. Photos of Existing Property 6. Building Official's Report 315 Elm Street 201 4th Street Property is surrounded by single-family residential to the north, south, east and west. . . . Existing Zoning of 315 Elm Street: B-2 (Downtown Business) Existing Zoning of 201 4th Street: R- T (Downtown Transitional) Zoning Surrounding 201 4th Street: R- T to the north, east, and west, and B-2 to the south. Comprehensive Land Use Of 315 Elm Street: Commercial Comprehensive Land Use Of 201 4th Street: Medium Density Residential Existing Conditions: The lot at 201 4th Street has been vacant since 1992 when it was forfeited to the State of Minnesota. The property was recently tested for non-petroleum contaminants. The MPCA is reviewing the data from the testing. The lot contains approximately 7,650 acres. The proposed house would not exceed the lot coverage maximum of 35%.~ Structure Details: Total Floor Area of living space = 2,050 square feet (measured based on 2-livable floors) 7 rooms, 5 of which are bedrooms, and 2 bathrooms Year Constructed - 1920 Remodeled - 2002 Proposed Travel Route: The structure will travel east on Elm Street and north on 4th Street to its tinallocation at 201 4th Street. DISCUSSION The applicant, Joe Heinen, is seeking Planning Commission approval of a Special Exception/Conditional Use permit to move a two-story, brick house from its location at 315 Elm Street to a vacant lot located at 201 4th Street. The house is currently vacant, but in recent years was utilized as a multi-family structure. If the Special Exception/Conditional Use permit is approved and the house is relocated to 201 4th Street, the house will have to be converted to a single-family home since the lot at 201 4th Street is at 7,650 square feet, below the 11,060 square-foot lot size requirement for a multi-family structure. The applicant is proposing to move the house at this time because of his future expansion plans in the commercial area where the house currently exists. The house is currently located in the B- 2 Zoning District, along with the remainder of the block to the west and east along Elm Street . . . between 3rd and 4th Streets. The applicant is also determining whether the house to the west at 309 Elm Street can or should be moved or demolished in order to utilize the two house sites at 309 and 315 Elm Street for commercial uses. The proposed house moving route would be from its current location at 315 Elm Street, then east on Elm Street, and north on 4th Street to the vacant lot at 201 4th Street. As stated in the attached City Council memo dated November 7,2005 from Kevin Carroll, the vacant lot is a tax forfeiture parcel. It was forfeited to the State of Minnesota on or about January 6, 1992. It has been vacant for at least 12 years. Prior to that time (from about 1932 to the late 1950's), there was a gas station located on the lot. The property has remained vacant primarily because of contamination issues associated with the site. Because of Mr. Heinen's interest in the vacant lot as a site for the house at 315 Elm Street, he recently hired Peer Environmental to conduct environmental testing on the vacant lot in order to further clarify the nature and extent of the contamination in question. On September 1, 2005, Dakota County staff, City staff and Mr. Heinen met to discuss the process that was required to transfer ownership of the lot from the State of Minnesota to the Farmington HRA, so that the HRA could then transfer it to Mr. Heinen. City staff subsequently prepared and submitted to Dakota County the required application form and a related HRA Resolution. At the Dakota County Board of Commissioners meeting held on September 20, the Board approved the proposed conveyance of the lot in question to the Farmington HRA. On November 7, 2005, the City Council authorized the Farmington HRA and City staff to proceed with the proposed acquisition of the vacant lot at 201 4th Street.. The Building Official and Inspector inspected the house on December 7, 2005 as required by the City Code. The Building Official's report is attached. The house was recently remodeled in 2002. The Building Official has stated that the structure is sound and in good condition for transfer over public streets. Upgrades to the house will be those required by the Building Official in order to bring the house up to Building Code standards. ACTION REQUESTED Staff recommends approval of the Special Exception/Conditional Use Permit contingent upon the following: 1. The cleanup of the property at 201 4th Street meets all requirements set forth by the MPCA. 2. The City Council approves the HRA's proposed acquisition of the lot at 201 4th Street. 3. Mr. Heinen purchases the lot from the Farmington HRA and enters into a contractual agreement with the HRA regarding the right and duties of the parties. 4. The applicant brings the structure up to the standards of the Minnesota Building Code upon relocation of the house. . . . 5. The applicant meets all setback requirements at 201 4th Street. 6. The applicant must replace any removed or damaged boulevard trees at 315 Elm Str~et or 201 4th Street within 9 months of the structure being moved. 7. The applicant's movers must receive Dakota County approval of the movmg of an oversized load on the County's highway system. 8. The applicant must remove and backfill the former house foundation within 7 days of the house moving. The former site must also be graded and established with grass within 9 months of moving the house. Respectfully Submitted, Lee Smick, AICP City Planner cc: Joe Heinen . . N ~ Heinen Special Exception Permit /. J \ ~ ~ ~ D II I- :::::: b - 0 0 ~ r- r 1j V ~ - r: '--- [ --- I~ - 1= ==n ~I I l If " A ~ l.I ~ ) --1W bJl II ~ r=\-1 1"\ JU --1l ~ ~ L~ I=> 1--{~ in [ ~ co ~= 201 4th St = .- 90' d - - ~~ IL ~ ~ID l I q KJ~ [ ILl I~ Ji N~( L( ~ Q) ~ ' ... Q) . "'0 ~~ ~ L.. L.. U5 C") Former IJ ~ide I ..c: Open Th ottle I ~ r-- C r 309 315 I I .--1 ~ Linn's ( arpet ~ I Q ~ _II r---.r- '- , b' 75 C) ~ . \I Elm Street Travel Route Q Subway ~ /) F hoD ~ I I ...... -1\ l '--- ~ - == L I I T-- I I ") ( l IlnJ . . N eA Houses Surrounding 201 4th St - Year Built /~ urll T n~ I l-J ;;? ~l1 )t LJ \ l - ~~ ~o [ 190~ ~ 0 n .I l ~ Q 190 1890 1880 '--- 9 , c1 ..- ~ Woo 187 1= II ., CdbJ j..-- ~ ~ Main Street II II II F= rtJ I ~ Ilj JL ,.ll II ~ JJ, 1190~ LI 19~ ~c [; 201 4th St, t-- , - - I 926 0 "" II ~88~ = "910 1920 J _ 1900 1947 ~ - KJ ~ 0 ! U1935U~ '- 0 !J P 1910 +-' L.I Q) '- ~~ I ~lT ~ Q) 00 III OJ I [ -0 1910 ~ 1920 953 .t. L.. U5 (") Forme Wide :5 Open hrottl ~i ~ ~~ '<t 191 1925 1910 Q 0 1915~ Linn' Carp C I-rr-- 1900 u \I \I Elm Street ( , Subway IP oD ~ II 0 q (:) -(I l . . . 10-3-8: SPECIAL EXCEPTIONS: Page 1 of2 10-3-8: SPECIAL EXCEPTIONS: z, The board of adjustment may authorize a permit to move structures into or within the city in accordance with the criteria and provisions listed herein: (A) Applications will be filed with the zoning officer who shall set a public hearing, transmit the application directly to the board of adjustment and mail a notice to property owners adjacent to the subject property, disregarding public rights of way. Failure of such owners to receive notice shall not invalidate the proceedings. The application shall consist of: 1. An application fee in an amount equal to that set by the city council. 2. Six (6) copies of a site plan and supporting data which show the size, proposed location of the structure and topography of the site. 3. A list of the streets on, over or through which said structure will be moved. 4. Photographs showing front, rear and side views of the structure. (8) Upon a filing of an application, the zoning officer shall cause the building inspector to investigate the building and report to him the results of the investigation together with recommended action thereon. (C) No permit shall be issued to move any building or structure which, in the opinion of the zoning officer: 1. Is constructed or in such condition as to be dangerous. 2. Is infested with pests or is unsanitary. 3. Is unfit for human habitation. 4. Is so dilapidated, defective, unsightly or in such disrepair that its relocation at the proposed site would cause appreciable harm to the property or improvements in the neighborhood. (0) The board of adjustment may authorize the move of a structure based upon the evaluation of the following: 1. The age of the structure shall be similar to the age of the structures in the immediate neighborhood. 2. The value of the structure shall equal or exceed the value of the structures in the immediate neighborhood. 3. The architecture of the proposed structure shall produce a visual impression which is consistent with the architecture of the immediate neighborhood. 4. The exterior of the structure shall be completed, upgraded and landscaped within a time http://66.113.195.234/MN/Farmington/I3003000000008000.htm 12/8/2005 10-3-8: SPECIAL EXCEPTIONS: Page 2 of2 frame established by the board of adjustment, but in no case shall exceed ninety (90) days. . 5. There shall not be any storage of structures on any property, public or private. 6. The board of adjustment may attach other conditions as they deem necessary which preserve the spirit and intent of this title. (E) Before a building permit can be issued, an applicant shall deliver surety acceptable to the zoning officer in an amount equal to the cost of the work to be done as estimated by the city building official. In the event the work is not completed within six (6) months of issuing the permit, the letter of credit shall be claimed, giving the city the option of completing the work or demolishing the structure to clear, clean and restore the site, unless an extension is granted by the city council. In the event that the moving of any building causes damage to the public streets or other public property, in addition to any other remedies the city may have, the zoning officer may require the damage to be repaired with the cost to be deducted from the letter of credit. (Ord. 002-469, 2-19-2002) . . http://66.113.195.234/MN/Farmington/13003000000008000.htm 12/8/2005 . . . 6. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmimrton.mn.us II II CONDITIONAL USE PERMIT APPLICATION J65EjJ)/ M fiEtI'J67{/ Telephone: d 3'170/"71 Fax: tJ 3'3g 2c:f{PO /20lJ W/tL-pwl1/U?1}( b( W*jcA?4 PJAJ 5" ~ 3q/ Street City State Zip Code -:J6571t M ;-I E-/l\Jf ,J Telephone: (~ Fax: (~ ~& /.9-S ~~dVt.. Street City State Zip Code Premises Involved: 3/SELIt1 f/;ez..c.. SI ~ "i:l4(/t- eJ/d~c-e: 'JitfS"y::rt1{LdTIO ';,e, t.e1r~s/LcgaLDcscrilltion (ot,,blo<;k, plat namc....:/cctio ,township, ral}ge) tV -~ -F"I'VU' ~ , :> T~D -,...,- <>~ L~., J 1/ ',6,'-oc./,( '2. C4:>/ -, c)CN aT '''71- Current Zoning District Ge 1\J<2..i.+R '&..< S I .v e.fJ Current Land Use S I ~ / t!. ~ I u.r R c. t I d.. ~ Specific Nature of Request: ~'1 S i ~ M.-oIH. !J ~-h-~~ ~ \Ja.~ lA>t Lo~-e.~ d 4~~ ~,l.;r-J Applicant: Address: Owner: Address: SUBMITTAL REQUIREMENTS o Proof of Ownership 0 6 Copies of Site Plan o Application Fee 0 Abstract/Residential List (required 350' fro o Boundary / 0 Torrens (0 ner's Duplicate Certificat Tit! Request Submitted to Planning staff on Public Hearing Set for: For office use only Advertised in Local Newspaper: Planning Conunission Action: _Approved City Council Action (if necessary): _Approved Denied Denied Conunents: Conditions Set: Planning division: Date: OJ/OS Jj a. . . 315 Elm Street . .. ., . A-r...: 46. . . Interior of 315 Elm Street . ~.~ UJ zf)~ 5a. . OJ " .S '" E <l) .E . 00- -~ .... .. o..Q) <~ vO .... l:: 0::1 0 0'- l:: ~ .S2 ~ .... .- 0::1"0 Q) 0 u~ UJ zo~ 6);, . M '" 0'\ o '" o o "'N o ^ 0", N .... 00;3 .... ....., ... .. 0.. v ~ ';j ..Q E l: 8 .g l: 13 .9 ~ ~~ v 0 u::'8 . ~6 . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us FROM: Mayor, Cooncilmembers and Interim City Adrninistrator~ Kevin Carroll, Community Development Director TO: SUBJECT: Consider Proposed AcquisitionlRedevelopment of Vacant Lot at Southeast Comer of 4th Street and Main Street DATE: November 7, 2005 INTRODUCTION The Farmington Housing and Redevelopment Authority [HRA] has authorized and directed staff to investigate the possible acquisition of the vacant lot located at the southeast comer of 4th Street and Main Street. A public hearing regarding the proposed acquisition will be conducted during the City Council meeting on November 7,2005. DISCUSSION . The vacant lot located at the southeast comer of 4th Street and Main Street in Farmington is a tax forfeiture parcel. It was forfeited to the State of Minnesota on or about January 6, 1992. It has been vacant for at least 12 years. Prior to that time (from about 1932 to the late 1950's), there was a gas station located on the lot. The property has remained vacant primarily because of contamination issues associated with the site. See the attached e-mail (Exhibit A) from Dakota County dated October 14,2003 for additional background information. For the last eight years (at a minimum), the Farmington HRA has been interested in returning the lot in question to some type of productive use. In 1997, the Farmington HRA retained Peer Environmental to conduct Phase I and Phase II environmental site assessments [ESAs] regarding the property. The Phase II ESA disclosed the presence of several non-petroleum compounds (PCE and related breakdown products) at elevated concentrations. The source of these compounds was believed to be a plume of contaminated groundwater that originated at the site of a former dry cleaning operation that was located near the comer of3rd Street and Oak Street. The non-petroleum contamination issues have, for many years, been considered unresolved by the MPCA. During that time, neither the HRA nor the City nor Dakota County nor the State of Minnesota took any formal steps to resolve the issues or return the property to any type of productive, tax-generating use. Over the last few years, a substantial number of individuals have approached the City, the HRA and Dakota County about the possibility of acquiring the lot, but the unresolved contamination issues and related uncertainty about how to proceed ultimately dissuaded all of the . prospective purchasers from continuing to pursue the acquisition ofthe lot. . . . During 2005, Mr. Joseph Heinen contacted HRA staff to inquire about potential relocation sites for a house that he wanted to move. Mr. Heinen owns the commercial building located at the northeast comer of 3rd Street and Elm Street, along with two homes (rental properties) located just east of the commercial building. Mr. Heinen wants to expand the commercial building to the east, or construct a new commercial building in that area, and he would prefer to avoid demolishing the two houses if possible. Both of them are brick structures that are structurally sound and architecturally interesting. HRA staff recommended to Mr. Heinen that he consider the possibility of moving one of the two brick houses to the vacant lot at the comer of 4th & Main, which is only one block away. (See the aerial photo that has been attached hereto as Exhibit B.) The lot is appropriately zoned, and it is more than large enough to accommodate the house in question (that is, it would comply with the City's lot coverage and setback requirements). Although Mr. Heinen shared the concerns that others have previously expressed regarding the contamination issues, he was the first person who was willing to expend his own funds to address those issues. He has incurred at least $4500.00 thus far for additional environmental testing that he personally authorized Peer Environmental to conduct in order to further clarify the nature and extent of the contamination in question. This letter will be accompanied by a portion (Exhibit C) of Peer's report dated August 11, 2005. This report was discussed by Dakota County staff, City staff and Mr. Heinen at a meeting that was held at the Dakota County Western Service Center on September 1, 2005. At the September 1 meeting, Mr. Heinen and City staff indicated their desire to initiate whatever process might be required to transfer ownership of the lot from the State of Minnesota to the Farmington HRA, so that the HRA could then transfer it to Mr. Heinen. City staff subsequently prepared and submitted to Dakota County the required application form and a related lIRA Resolution. The topic in question was on the agenda for the September 20 meeting of the Dakota County Board of Commissioners (see Request for Board Action, attached hereto as Exhibit D.) At the September 20 meeting, the Board approved the proposed conveyance of the lot in question to the Farmington HRA. Dakota County then submitted a request to the State of Minnesota regarding the approved conveyance of the lot to the HRA. City staff asked that the State not prepare or send a deed until the City had finished addressing some liability issues related to the property. City staff wanted to make certain that the HRA would not be subjecting itself to any legal or financial responsibilities if it briefly appeared in the "chain of title" before ownership ofthe lot was transferred to Mr. Heinen. To clarify the liability issues, Peer prepared and submitted applications to the MPCA's Voluntary Investigation and Cleanup [VIe] Program and the MPCA's Petroleum Brownfie1ds Program. (See two letters dated September 29,2005, attached hereto as Exhibit E.) Peer's applications to the MPCA led to the issuance of the following responses from the MPCA: 1. A "No Association Determination" letter dated October 27, 2005 from the MPCA's VIC program (attached hereto as Exhibit F). A "Petroleum Storage Tank Release Liability" letter dated October 14, 2005 from the MPCA's Petroleum Brownfields Program (attached hereto as Exhibit G). A "Petroleum Storage Tank Release Site File Closure Confirmation" letter dated October 14,2005 (attached hereto as Exhibit H). 2. 3. The aforementioned letters have been forwarded to the City Attorney for review. If it is determined that these letters provide adequate protection against any possible future claims against the HRA 2 . . . related to the current condition of the property, it should then be possible for the City Council to take action on the HRA's request that the Council approve the HRA's acquisition ofthe property. Section 469.028, subd. 5 of the Minnesota Statutes (attached hereto as Exhibit 1) provides that an HRA can, with the consent of its governing body (the City Council), acquire parcels of real property if the proposed acquisition "... will contribute to the elimination of blight or deterioration within the area or that the acquisition is necessary to relieve hardship." The governing body is required to hold a public hearing on the proposed acquisition. After the public hearing, the City Council can approve the attached Resolution if it desires to move forward with the proposed acquisition. In this instance, the hardship that the HRA is trying to relieve is the fact that the property in question has long been considered contaminated, which has deterred anyone from pursuing the redevelopment of the site. Now, however, the HRA is fortunate enough to have an individual involved who is both willing and able to incur the expense(s) and inconvenience(s) of addressing and resolving the contamination issues with the HRA, the City, Dakota County, and the MPCA. One could also argue that the HRA's acquisition of the property would eliminate (or prevent) blight or deterioration, by facilitating the redevelopment of a lot that would otherwise remain vacant, and/or by allowing Mr. Heinen to make needed repairs and improvements to the existing brick house prior to its relocation to the currently vacant lot. Under the law, the City and the HRA do not need to have a specific redevelopment plan prepared or approved in order to acquire the vacant lot at 4th and Main. Although the general objective (moving a nearby house onto the lot) is clear, several details still need to be addressed, including the protective measures (if any) the MPCA might expect or require regarding the footings/foundation/basement, the sale proceeds that Dakota County might expect the HRA to collect from Mr. Heinen and then transfer to Dakota County (the HRA will be acquiring the property for $1, but Dakota County expects that any subsequent sale to a private party will be for "fair market value"), and the amount by which the fair market value can be reduced to take into consideration the costs that Mr. Heinen has incurred (and will incur) in connection with the contamination issues referred to above. It is anticipated that these and other issues will be addressed after the City Council approves the HRA's proposed acquisition of the lot, but before the ownership of the lot is actually transferred to Mr. Heinen. ACTION REQUESTED Motion to adopt the attached Resolution authorizing the Farmington HRA and Cit~ staff to proceed with the proposed acquisition of the vacant lot located at the northeast comer of 4t Street and Main Street. cc: Mr. Joseph Heinen 3 . . . RESOLUTION NO. AUTHORIZING THE EARLY ACQUISITION OF PROPERTY FOR REDEVELOPMENT PURPOSES PURSUANT TO MINNESOTA STATUTES 469.028 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 7th day of November, 2005 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, there is a vacant, tax-forfeited lot (Pill 14-77000-061-26) located at the southeast comer of 4th Street and Main Street in the City of Farmington; and WHEREAS, the Farmington Housing and Redevelopment Authority (HRA) has determined that the parcel of land in question is suitable for redevelopment; and WHEREAS, the HRA proposes to acquire the parcel from the State of Minnesota, with the consent and participation of Dakota County, for $1; and WHEREAS, state law (M.S. 469.028, Subd. 5) authorizes the HRA, with the approval of the City Council, to acquire individual tracts of real property prior to the preparation and approval of a redevelopment plan; and WHEREAS, the statute requires that the governing body shall hold a public hearing on the proposed acquisition activities after published notice in a newspaper of general circulation in the municipality at least once not less than ten days nor more than 30 days prior to the date of the hearing; and WHEREAS, the required hearing has been conducted pursuant to law; and WHEREAS, the City Council finds, as required by the statute, that: 1) the proposed acquisition will contribute to the elimination of blight or deterioration within the area and/or that the proposed acquisition is necessary to relieve hardship, and 2) there are no persons displaced by the proposed acquisition; and WHEREAS, the governing body, in approving early acquisition, will not assume any responsibility for any loss that may arise as a result of the acquisition ofland and related activities, including any costs of demolition, removal, and relocation, in the event that the . . . property so acquired is not used for urban renewal purposes because the urban renewal plan is not approved, or is amended to omit the acquired property or is abandoned for any reason. NOW, THEREFORE, BE IT RESOLVED that the Farmington City Council hereby approves the early acquisition of the identified parcel of land by the Farmington HRA pursuant to the conditions specified herein. This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of November, 2005. Mayor Attested to the _ day of November, 2005. Acting City Administrator SEAL Kevin Carroll .rom: ent: To: Cc: Subject: Spong, Ron [Ron.Spong@CO.DAKOTA.MN.US] Tuesday, October 14, 20039:16 AM Harthun, Jeff; Britt, Carl Leonard, Carol; Kevin Carroll; Tim Saari (E-mail); Muller, Terry RE: Tax Forfeit Parcel; rl _uster Disposals.jpg (5 MB) I spoke with Kevin Carroll, Farmington Community Development Director & HRA Exec. Director, about the Luster property (201 Fourth Street), a former service station. The property is vacant and has been tax-forfeit for a number of years. He has a potential buyer, a Tim Saari, who would buy it from the City if HRA acquires it first. Kevin will be taking this issue to the HRA Board tonight. I had talked with Tim Saari about the site and property earlier this year and had provided him with what information that we had. For limited liability protection, I referred Kevin to MPCA VIC and recommended entry into the program as a voluntary party seeking either "no action" or "no association" (if the site is a contamination source) or "off-site source determination" (if groundwater is contaminated upgradient with no contribution from this site). At a minimum, the site's soil and groundwater should be tested to determine if (1.) the source of the contamination is off-site (e.g., the former Daisy or Quick Cleaners located by City Hall on Oak) or on- site (i.e., the Luster site itself) , (2.) the groundwater is being impacted by contaminants emanating from the site, (3.) the volatile organic chemical vapors can migrate through utility trenches or through soil into a basement, or (4.) any contaminated soil is present above MPCA SRV and/or SLV, which may have to be removed or otherwise .esolved. uur Department and the MPCA conducted joint, limited investigations in 2000 utilizing direct push probe technology (e.g., Geoprobes). The investigations hoped to define the approximate extent of the Northeast Farmington VOC (volatile organic compounds) Plume, which is on the State Superfund List (i.e., the plume itself and not the possible sources at this time). vacs (tetrachloroethene, trichloroethene, and other chlorinated hydrocarbons) were first detected in 1996 in the shallow groundwater above the State's HRL (Health Risk Limit) when the Department conducted a groundwater receptor survey in the area and sampled residential and commercial wells in the vicinity of Chippendale Avenue (TH 3). The Department's investigation traced the northern plume, whereas the MPCA tracked the southern plume. While the data appears to show that there are at least two distinct plumes that converge into a single plume in the vicinity of Pine Street and Fifth Street, it should be cautioned that the data analysis is based on a number of assumptions and limited datapoints (Geoprobe locations). There has been no further investigation of the plume by the MPCA. It is not known if the Luster site (201-4th St.) is one of the possible, multiple sources of the vac contaminants in the shallow groundwater or if the vac plume passes under the site without any contribution from the site. Testing of the Luster site's soil above the groundwater for vacs would help resolve that issue. If significant vacs are detected in unsaturated soils at the Luster site, then the conclusion that the Luster site is one of the plume's sources can be stated. At this point, only the LUST (leaking underground storage tank) has been addressed and resolved on-site. I have attached a map of the Luster site and its environs. The four potential sources of the vacs are identified, as is the approximate extent of the plume. <<Luster Disposals.jpg>> ..~on Spong Environmental Program Manager Dakota County Environmental Management Dept. 14955 Galaxie Ave. W., Apple Valley, MN 55124 1 EM'~'7 ,f -, I GJJ.II-'- ,. ".<.",,~;,~;,~~'-.i':~.:'\:'.':.(.:'- ~ ADDITIONAL ENVIRONMENTAL INVESTIGATION RESULTS TAX-FORFEITED PROPERTY SOUTHEAST CORNER OF 4TH STREET AND MAIN STREET FARMINGTON, MINNESOTA AUGUST 11,2005 . Prepared for: Mr. Joe Heinen 1200 Willowbrook Drive Wayzata, Minnesota 55391 Prepared by: Peer Engineering, Inc. 4801 West 81 st Street, Suite 118 Bloomington, Minnesota 55437 (952) 831-3341 . Peer File #15083.00 @ Peer Engineering, Inc., 2005 E#l1&'" <!. . i . . , .....:,:::~,~.,-,..,._.-.. Additional Environmental Investigation - Peer #15083.00 Tax-Forfeited Property, Farmington, Minnesota 2 Based on the levels of contamination identified probes GP-1 and GP-2, the HRA authorized Peer to complete two additional probes (GP-4 and GP-5) at the property. While analyzing the ground water samples from the probes GP-4 and GP-S for petroleum, the laboratory indicated that several non-petroleum compounds were also present in the samples at elevated concentrations. At the request of the HRA, the laboratory performed additional analysis to quantify the levels of non-petroleum compounds present in the samples. In summary, the laboratory detected elevated concentrations oftetrachloroethene (PCE) in both samples, along with three other breakdown products commonly associated with PCE. The source of the non-petroleum compounds was not determined by the Phase II investigation. The results of the Phase II Investigation were summarized in letter reports dated October 23, 1997 and October 24, 1997. Copies of these letter reports are included in Appendix A. The findings related to the non-petroleum findings were reported to the MPCA. Based on the results of the Phase II investigation results, the HRA did not pursue purchasing the property. The petroleum leaksite was closed by the :MPCA on September 11, 2003. The non- petroleum contamination issues associated with the property are considered unresolved by the :MPCA. 3.0 ADDITIONAL INVESTIGATION A description of the recent additional environmental investigation completed at the property is provided in the following sections. Field methods and procedur~s are presented in Appendix B. 3.1 FIELD INVESTIGATION 3.1.1 .. Overview.., The additional environmental investigation at the property included the following elements: . Completion of six sampling probes at the property. I " I I I : I I . . Additional Environmental Investigation - Peer #15083.00 Tax-Forfeited Property, Farmington, Minnesota 4 4.0 4.1 3 .2 ANALYTICAL TESTING Soil Samples One representative soil sample from each of probes GP-6, GP-7, GP-9 and GP-IO. The samples were submitted for analytical testing of volatile organic compounds (VOCs) by EP A Method 8260. Ground Water Samples Ground water samples collected at the water table from each of the six probes were submitted for analytical testing of VOCs by EP A Method 8260. A trip blank sample was also submitted for analysis ofVOCs for quality assurance/quality control purposes. Soil Vapor Sample A soil vapor sample collected at probe location GP-6 was submitted for analytical testing of VOCs by EP A Method TO-IS. INVESTIGATION RESULTS HYDROGEOLOGIC CONDITIONS Regional According to published references and available information, the ground surface elevation at the property is approximately 900 feet above mean sea level. The property and surrounding terrain is generally flat. The referenced publications indicate that surficial deposits in the vicinity of the prol?eliy consist of sand and silt. The depth to bedrock is estimated to be approximately 200 feet bgs. Bedrock consists of dolomite of theP~airie DlJ Chien Formation. Published information suggests that the ground water elevation in the area is at approximately 10 feet bgs. The published maps depict regional shallow ground water flow to the east. '. ! . . Additional Environmental Investigation - Peer #15083.00 Tax-Forfeited Property, Farmington, Minnesota 6 5.0 CONCLUSIONS AND RECOMMENDATIONS The additional environmental investigation identified measurable concentrations ofVOCs in a soil vapor sample collected at the property. The specific source of the compounds detected in the soil vapor sample was not determined by the investigation. The lack of measurable VOC contamination detected in the soil and ground water samples from the recent investigation suggests that no significant on-site contamination source exists. Recommendations for additional site investigation do not appear warranted at this time. Based on the results of this Phase II investigation, the property appears suitable for residential development provided that appropriate regulatory approvals are obtained from the MPCA and Dakota County prior to proceeding with development. The following specific recommendations for redevelopment are provided: . The property should be enrolled in the MPCA Voluntary Investigation and Cleanup (VIe) Program and Petroleum Brownfields Program. Appropriate regulatory assurance letters including a No Association Detennination (from the MPCA VIC Program) and Petroleum Tank Removal Verification Letter (from the MPCA Petroleum Brownfields Program) should be obtained prior to property acquisition. . An Environmental Contingency Plan should be prepared to address appropriate handling and disposition procedures for potential contaminated media encountered during excavations for site redevelopment. The Environmental Contingency Plan should be submitted to the MPCA VIC ap.d Petroleum Brownfields Programs for review and approval. A copy of the Environmental Contingency Plan should also be provided to Dakota County. . A high quality vapor barrier should be installed beneath the foundation slab to any site structure placed at the property to minimize the potential for subsurface vapors entering the structure. If basements or 'sub-grade living areas are contemplated, . in.st~llatiqn .9f a. passive venting system benea1;h.. the vapor barrier should also be considered. The vapor barrier and passive venting system designs should be submitted the MPCA VIC and Petroleum Brownfie1ds Programs for review and approval. A copy of the vapor barrier and passive venting system designs should also be provided to Dakota County. . . . Sep.21.2005 8:28AM DAKOTA COUNTY No.4738 p. 2/3 DAKOTA COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACnON 11.1 . Approval Of Application From City Of Farmington Houstng And Redevelopment Authority To Acquire Tax Forfeited Land Meeting Date: Item Type: Division: . Department Contact: Prepared by: Reviewed by: 09120105 Consent-Action PUBLIC SERVICES AND REVENUE Treasurer.Auditor Mary Kennedy Telephone: 651-436-4362 Mary Kennedy N/A N/A' FlscaUFTE Impact: [8J None o Amount included in ourrent budget D Budget amendment requested o FTE included in current complement o New FTE(s) requested-N/A o Other PURPOSE/ACTION REQUESTED . Approve application by a governmental subdivision for conveyance of tax-forfeited land for development and conveyance. PIO 14-77000-061-27 SUMMARY Governmental subdivision: Parcel location: Date of forfeiture to the state: Siz.e of parcel: Intended public use: Housing and Redevelopment Authority - City of Farmington Farmington 01-06-1992 7,598 Sq Ft Development and sale for a productive, taxable parcel Minn. Stat ~ 262.01, subd. 1a, provides: Tax-forfeited lands may be conveyed by the county board to a subdivision of the state for any public purpose for which the subdivision Is authorized to acquire property. The commissioner of revenue may convey by deed. in the name of the state, a tract of tax-forfeited land held in trust in favor of the taxing districts to a gO'lernmental subdivision for an authorized public use. This conveyance may occur if an application is submitted to the comrnissioner which Includes a statement of facts as to the use to be made of the tract and the need therefore and the recommendation of the county board. Currently tille to the parcels resides with the State of Minnesota as tax forfeited property. The City of Farmingtof"t Housing and Redevelopment Authority wants to acqUire the parcel under Minn. Stat ~ 469 for no consideration. This would Bllo~ the HRA to sell to a third party, tax-forfeited property for the public purpose of development and returning property to the tax roles. City of Farmington Housing and Redevelopment Authority Board of Commissioners and the Dakota County Board of Commissioners must approve the applications for conveyance of tax~forfelted larid. The site "as remained on the Tax-forfeited list of parcels because of contamination. Several interested parties have been deterred due to the contamination. The Farmington HRA is aware of the contamination and is willing to aCQuire the property. The HRA plans to apply to enter the property into the MPCA VIe program to pratec.t parties from liability. Several soil samples have already been examined and determined to have minimal contamination. Upon receiving the deed to the parcels from the State of Minnesota Department of Revenue, the City of Fannlngton-HRA has stated that the property will be conveyed to a private developer for clean up according to MPCA Development Response Action Plan (DRAP) and Environmental Contingency Plan (ECP). In addition, a public hearing will be held prior to the sale of the property as required under state law. EXPLANATION OF flSCAllfTE IMPACT Assessed Value: $15,100 (Currently reflects lower value due to contamination) According to Dakota County Policy No. 8003, Conveyance of Tax-Forfeited Property to local Government Units, w"en a tax-forfeit parcel, which has been acquired by a 10081 government unit for no consideration, has been conveyed to a private person or entity for consideration, the acquiring local government entity returns to Dakota County the proceeds from the sale after the expenses of the acquiring local government unit have been met 911312005 2:43 PM Page 1 t:\finlll bosrd\mSkOl)..2l).(1S hra.doc 6<;;;;'.,. Of> . . . Sep.21.2005 8:28AM DAKOTA COUNTY No.4738 p. 3/3 Supporting Documents: Attachment A: Applicalion Attachment B: Statement of Fact Attachment C: Parcel Maps Attachment D: Farmington tiRA Board Resolution AttaChment E; EngIneering Resulls Previous Board Actioo(s): RESOLUTION Approval Of Application From CIty Of Farmington Housing And Red&velopmont Authority To Acquire Tax Forfeited Land WHEREAS, in accordance wIth MInn. Stat.. ~ 282.01, tax~rorfeited land may be conveyed by the County Boar~ to a subdivision of the state for any pUblic purpose for which the subdivision Is authorized to acquire property; and WHEREAS, the Housing and Redevelopment Authority of the City of Farmington has applied for conveyance of the following parcel for economic development and returning property to tax rolls; and PID #: 14-77000-oB1~27 City of Farmington N 84 fT OF W HALF OF LOT 5 BLK 27 N 84 FT OF 827 : and WHEREAS, Dakota County Policy No. 6003 requires that the acquiring local government agency returns to Dakota County the proceeds from the s91e after expenses have been m~t. and WHEREAS. the County Treasurer-Auditor recommends this conveyance based on the applicalion and statement of facts submitted by the governmental subdivision. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the application from the City of Farmington Housing and Redevelopment Authority for the conveyance of the above- described parcel of tax-forfeited land. as recommended by the Dakota County Treasurer-Auditor, and requires that the City of Farmington Housing and Redevelopment Authority return to Dakota County the net proceeds from a subsequent sale to a private entity. ~mlnlstrator'S Comments: Recommend Acllon Do Not Recommend Action o RevIewed-No Recommendation o Reviewed-Information Only o 13::iX-omf27~ COUll AdminIstrator 9/1312005 2:43 PM Page 2 t:lJll'al boaJll\mak09-2D-OS hnuloc il.Wed by (If required): County Attorney'S Office Financial Services o RI~ Management (J Employee Relations o InformatIon Technology [] Agenda Page No. 059 Peer Engineering, Inc. 4801 West 81st Street, Suite 118 Bloomington, Minnesota 55437 952 831-3341 Fax 952 831-4552 ....Peer '4 Engineering Integrated Environmental Solutions . Ms. Patrice Jensen Voluntary Investigation and Cleanup Program Minnesota Pollution Control Agency 520 Lafayette Road N. St. Paul, MN 55155 September 29, 2005 RE: MPCA VIC Program Application and Request for No Association Determination Letter Tax. -Forfeited Property Southeast Comer of 4th Street and Main Street Farmington, Minnesota Dear Ms. I ensen: . Peer Engineering, Inc. (Peer), on behalf of Mr. Ioe Heinen, is submitting the enclosed Voluntary Investigation and Cleanup (VIC) Program Application for the above referenced property. An application to enter the Minnesota Pollution Control Agency (MPCA) Petroleum Brownfields Program has also been submitted under separate cover. Previous Environmental Investigations In 1997, the City of Farmington retained Peer to review available historical land use information in order to facilitate the potential acquisition and redevelopment of the property by the City. The historical information reviewed by Peer indicated the property as the location of a former gasoline service station from approximately 1932 until the late 1950's. Based on this information, a Phase II Investigation was performed to determine if impacts had occurred to site soil or ground water. The Phase II investigation included completion of three probes near the estimated location of the former underground storage tanks associated with the gasoline service station, and collection and analytical testing of soil and ground water samples for petroleum- related analyses. In summary, low concentration of petroleum constituents were detected in the ground water samples collected during the investigation. No evidence of soil contamination was detected in the probes. Based on the initial investigation results, a petroleum release was reported to the State Duty Officer and was assigned MPCA Site ID#: LEAKOOOI0830. . Based on the levels of contamination identified during the investigation, the HRA authorized Peer to complete two additional probes at the property. While analyzing the ground water samples from the probes for petroleum, the laboratory indicated that several non-petroleum compounds were also present in the samples at elevated concentrations. At the request of the HRA, the laboratory performed additional analysis to quantify the levels of non-petroleum compounds present in the samples. In summary, the laboratory detected elevated concentrations of tetrachloroethene (PCE) in both samples, along with three other breakdown products commonly associated with PCE. EXl/,8,., E . . . Ms. Patrice Jensen Minnesota Pollution Control Agency Page 3 September 29,2005 For purposes of the requested No Association Determination letter, it is requested that the "Identified Release" include the individual compounds detected in the soil gas sample from the recent additional environmental investigation. A copy of the table from that report is attached as Table 1. The following Proposed Actions should be included in the No Association Determination letter: )> Acquisition of the Site )> Construction of a foundation to support a residential structure moved from another location. )> Routine maintenance and use of the property for residential purposes. Closing Remarks The requested No Association Determination is requested by October 19, 2005 to facilitate the scheduled property closing. Please contact us at (952) 831-3341 if you have any questions or require additional information. Sincerely, Peer Engineering, Inc. /Pdf/ vf;;;;tf~L~E., P.G. Vice President Attachment: Table 1 Enclosures pc: Mr. Joe Heinen Mr. Kevin Carroll, City of Farmington Mr. Mark Koplitz, MPCA Petroleum Brownfields Program Peer Engineering, Inc. 4801 West 81st Street, Suite 118 Bloomington, Minnesota 55437 952 831-3341 Fax 952 831-4552 .t.Peer ..... Engineering Integrated Environmental Solutions . Mr. Mark Koplitz Petroleum Remediation Program Minnesota Pollution Control Agency 520 Lafayette Road North St. paul, MN 55155-4194 September 29, 2005 RE: Petroleum Brownfields Program Application Tax-Forfeited Property Southeast Comer of 4th Street and Main Street Farmington, Minnesota LEAK: 10830 Dear Mr. Koplitz: Peer Engineering, Inc. (Peer), on behalf of Mr. Joe Heinen, is submitting the enclosed Petroleum Brownfields Program Application for the above referenced property. An application to enter the Minnesota Pollution Control Agency (MPCA) Voluntary Investigation and Cleanup (VIC) Program has also been submitted under separate cover. . Previous Environmental Investigations In 1997, the City of Farmington retained Peer to review available historical land use information in order to facilitate the potential acquisition and redevelopment of the property by the City. The historical information reviewed by Peer indicated the property as the location of a former gasoline service station from approximately 1932 until the late 1950's. Based on this information, a Phase II Investigation was performed to determine if impacts had occurred to site soil or ground water. The Phase II investigation included completion of three probes near the estimated location of the former underground storage tanks associated with the gasoline service station, and collection and analytical testing of soil and ground water samples for petroleum- related analyses. In summary, low concentration of petroleum constituents were detected in the ground water samples collected during the investigation. No evidence of soil contamination was detected in the probes. Based on the initial investigation results, a petroleum release was reported to the State Duty Officer and was assigned MPCA Site ID#: LEAKOOO10830. . Based on the levels of contamination identified during the investigation, the HRA authorized Peer to complete two additional probes at the property. While analyzing the ground water samples from the probes for petroleum, the laboratory indicated that several non-petroleum compounds were also present in the samples at elevated concentrations. At the request of the HRA, the laboratory performed additional analysis to quantify the levels of non-petroleum compounds present in the samples. In summary, the laboratory detected elevated concentrations of tetrachloroethene (PCE) in both samples, along with three other breakdown products commonly associated with PCE. . . . Mr. Mark Koplitz Petroleum Remediation Program Page 3 September 29, 2005 Closing Remarks The requested General Liability Letter and Leaksite Closure Verification Letter is requested by October 19,2005 to facilitate the scheduled property closing. Please contact me at (952) 831-3341 if you have any questions regarding the enclosed information. Sincerely, Peer Engineering, Inc. -/ZtI1L- Kenneth A. Larsen, P.E., P.G. Vice President Enclosures pc: Mr. Joe Heinen Mr. Kevin Carroll, City of Farmington Ms. Patrice Jensen, .MPCA VIC Program _.._---.l.Qj26/2005 15: 08 FAX 6512969707 MN. POLLUTION CO~TROL @002 . . . Minneflota Pollution CQntrol Agency October 27,2005 Mr. Kevin Carroll City of Farmington 325 Oak Street Farmington, MN 55024 RE: 4th Street and Main Site SE comer of 4th Street and Main Street, Farmington lvIPCA Project Number 32VP2.1170 No Association Determination Dear Mr. Carroll: This letter is in response to the request from Ken Larsen of Peer Engineering for a determination under Minn. Stat. ~ 115B.178 that certain actions proposed to be taken by the City of Fannington at the 4th and Main Street site, located at the addre:~s referenced above (the Site), wilt not constitute conduct ass6ciating the City of Farmington with the release or threatened release of hazardous substances, pollutants, or contaminants at the Site, for the purpose of Minn. Stat fi 1 15B.03, subd. 3(4) (2004). The Mit1tlesota Pollution Control Agemcy (MPCA) staff in the Voluntary fuvestjgation and Cleanup (VIe) Unit has reviewed the' documents submitted for the SIte. The Site is a further gas station that operated from approxlmately 1932 until the late 1950's. Soil samples collected at the Site contained no contaminants above the MPCA residc~ntial Soil Reference Values (SRVs) and Soil Leaching Values . (SLVs). Ground water samples from the Site bad contained tetrachloroethene (also known as perchIoroethylene or PCE) and a.ssociated breakdown products ofPCE at concentrations below the Minnesota Department of Health's Health Risk Limit. The Site is a~ the edge of a ground Water plume of PCB that is being investigated under the MPCA Superfund Program as the .Fannington Ground Water Plume Site. The source of the PCE is believed to be a former dzy cleaner. located a few blocks south and west of the Site. For the purpose of this letter," the Identified Release for the Site is the PCE and associated breakdown products in the ground water at the Site. Based upon a review of the informatkm provided to the MPCA VIe Program, and subject to the conditions set forth in this letter, a. determination is hereby made pursuant to Minn. Stat. ~ 115B.178, suM. I that the proposed actions (proposed Actions) as described in an e-mail1etter from Ken Lars~ to Lynne Grigor of the MPCA, dated October 26,2005 (the Letter) will not associate the City of Fannington with the Identified Relea!le for the.purpose of Minn. Stat ~ IISB.03, subd. 3(4) (2004). .The Proposed Actions fOf which this detetmination applies include the purchase and general maintenance of the Site as vacant property. This deteimination is made in accoronnce V'ojth Minn. Stat. ~ IISB.178, subd. 1, and is subject to the following conditions: . 1. The Proposed Actions shall be carried out as described in the herein; 520 Lafayette Rd. N.; SaInt Paul, MN 55155..4194; (651) 296-6300 (Voice): (651) 282-5332 (TTY); www.pca.stata.rm.us St. Paul- Brainerd - Detroit I.akes . Dululh - Mankato . Marshall- Rochester' Willmar Equal Oppoltunlly Employer' Printed on reeytJ/ed paper containing at least 20 psreanl fibers from paper recycled by consumers. &1/1"., 1=' e. . . 10/26/2005 15:08 FAX 6512969707 MN. POLLUTION CONTROL @003 Mr. Kevin Carroll Page 2 2. 'The City of Fannington shall cooJlerate with the.:MPCA, its employees, contractors, and others acting at the MPCA's direction, in the 'event that the MPCA takes, or directs others to take, response actions at the Site to address the Identified Release or any other as yet \U1identified release or threatened release of a hazardous substance, pollutant, or contaminant, including, but not limited to, granting access to the Site so that response actions can be taken; 3. The City of Fannington shall avoid actions that contribute to the Identified Release or that interfere with response actions re1luired under any MPCA-approved response action plan to address the Identified Release; and. 4. rn the event that any su~ected hazardous sUbstances are encountered during Site activities (i.e., property maintenance, etc.), the City of Farmington shall notify the l\1PCA project staff immediately in order to determine: appropriate handling, sampling, analysis, and disposal of such wastes. Pursuant to Minn. Stat. ~ 115B.178, subd.l, when the City offannington takes the Proposed Actions in accordance with. the determination in this"letter, subject to the conditions stated herein, th~ Proposed Actions will not associate the City ofFannington with the Identified Release for the purpose of Minn. Stat. ~ 115B.03, subd. 3(4) (2004). Please be advised that the detenninati.on made in this' letter is subject to the disclaimers found in Attachment A and is contingent on cc'inpliance with the terms and conditions set forth herein. If you have any questions abq'llt the c.:>ntents of this letter, please contact Nile Fellows at (651) 296-7299 or LYnne Grigor at (651) 296-8572. Sincerely, ~/b~ Barbara Jaca: Supervisor V ohmtary Investigation and Cleanup Unit Superfund Section Remediation Division BJ/ais Enclosure(s} cc: Joe Heinen..' 21200 Willowbrook Road Wayzata, MN 55391 Ken Larsen, Peer Engineering 10/26/2005 15:08 FAX 6512969707 . .: . . 1. Reservation of Authorities MN. POLLUTION CO~rROL @004 ATTACHMENT A . DISCLAlMERS 4th Street and Main Site MPCA Project Number 32VP21170 Th~ MPCA Commissioner resenres the authority to take any appropriate actions with respect to . . any release, threatened release, or other conditions at the Site. The M.PCA Commissioner also r~erves the authority to take such actions if the voluntary party does not proceed in the manner . described in this letter or if actions taken or omitted by the voluntary party with resp~t to the . Site contribute to any release or. threatened release, or create an imminent and substantial danger to public health and welfare. 2. No MPCA Assumption of~a:bili~y The MPCA, its Commissioner and staff do not assume any liabilitY fot any releaSe, threatened release or other conditions at the Site or for any actions taken or omitted by the voluntary party . with regard to the release, threatened release, or other conditions at the Site. whether the actions taken or omitted are in accordano~ with this letter or otherwise. 3. Letter Based oil Current InforIl!J.ation All statements, cOnclusions aIld n:presentations in tbis letter are based upon infonnation known : to the MPCA ~ommissioner and staff at the time this letter was issued. The MPCA . Commissioner and staff reserve the authority to modify or rescind any such statementJ conclusion .or representation and to take any uppropriate action under his' authority if the MPCA Commissioner or staff acquires information after issuance of this letter that provides a basis for such modification or action. 4. . Disclaimer Regarding Use or pevelopment of the Prop.erty The MPCA, its ColIllllissioner an<l staff do not warrant that the Site is suitable or appropriate for any particular use. 5. Disclaimer Regarding Investigative or Response Action at the Properly Nothing in this letter is inten~ed to authorize any response action under Minn.' Stat. ~ .I ISB.I? , subd.12.' . Page 1 ofl . Minnesota Pollution Control Agency . --........ .:l'!O.~~~-=- ~~'" October 14,2005 Mr. Joe Heinen 21200 Willowbrook Road Wayzata, MN 55391 Mr. Kevin Carroll City of Fannington 325 Oak Street Farmington, MN 55024 Re: Petroleum Storage Tank Release Liability . Site: Tax Forfeited Property, SE comer of 4th and Main Street, Faimington, MN 55024 Petroleum Brownfields Site ID#: LEAK00010830 Dear Mr. Heinen and Mr. Carroll : . Under Minn. Stat. S 115C.021 (2002), the general rule is that a person is "responsible" for a release from a tank ifthat person owned or operated the tank during or after the time ofthe release. As the Minnesota Pollution Control Agency (MPCA) interprets this rule, if a person comes into possession of property after the tanks have been removed that person is not a "responsible person" and cannot be ordered to take corrective action under Minn. Stat. Ch. II5C (2002). Liability is further limited for lenders. Minn. Stat. S 115C.021, subd. 4 (2002) provides that mortgagees that foreclose or receive a deed in lieu of foreclosure may not be responsible persons even if the tanks are present, provided they do not operate the tanks or aggravate a release. However, the definition of "owner" implies that a mortgagee that forecloses on property with tanks may be considered a responsible person if the mortgagee operates the tanks or fails to complete the cleanup as a "volunteer." See Minn. Stat. g 115C.02, subd. 8 (2002). Chapter 115C created a fund that can be used by responsible persons and "volunteers" to help fund the cost of corrective action (the Petroleum Tank Release Cleanup Account or Petrofund). A volunteer is a person who has legal or equitable title to the contaminated property (tank release contaminated property) but who is not a responsible person [Minn. Stat. S 11SC.09, subd. 3b (2002)]. A responsible person or a volunteer who takes corrective action can receive reimbursement for 90 percent of corrective action costs up to $1,000,000. As a result, it is fair to say that, unless there are compliance or cooperation issues, the liability of a responsible person, volunteer, or a lender will usually be limited to 10 percent of the costs of cleanup. Some costs are ineligible, and certain cost control requirements must be complied with. See Minn. R. ch. 2890 (rules ofthe Petroleum Tank Release Compensation Board or Petro Board). The Petroleum Tank Release Cleanup Account is continually funded. See Minn. Stat. S 11SC.08, subd. 2 (2002). . 520 Lafayette Rd. N.; Saint Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY); www.pca.state.mn.us S1. Paul · Brainerd · Detroit Lakes · Duluth · Mankato · Marshall. Rochester. Willmar ~.-.L.. Equal Opportunity Employer. Printed on recycled paper containing at least 20 percent fibers from paper recycled by c~OI .,. G . . . Mr. Joe Heinen Mr. Kevin Carroll Page 2 This letter represents the views ofthe MPCA and is based upon information disclosed to the MPCA as ofthe date hereof. Depending on your circumstances, it mayor may not be construed as releasing any person from liability under state or federal laws. If you have questions concerning your particular situation, the MPCA recommends that you discuss your concerns with your legal counsel. If you have any questions pertaining to this letter please call me at 651/297-8577. Sincerely, ~~~ Stacey Hendry-Van Patten Project Leader Petroleum Remediation Unit Petroleum and Closed Landfill Section Remediation Division SHV:ls cc: Kenneth Larsen, Peer Engineering . Minnesota Pollution Control Agency '" ,~ Mr. Joe Heinen 21200 Willowbrook Road Wayzata, MN 55391 Mr. Kevin Carroll City of Fannington 325 Oak Street Farmington, MN 55024 Re: Petroleum Storage Tank Release Site File Closure Confirmation Site: Tax Forfeited property, SE comer of 4th and Main Street, Farmington, MN 55024 Site ID#: LEAKOOOl0830 Dear Mr. Heinen and Mr. Carroll: . The above-referenced site was the location of a petroleum storage tank release reported on October 8, 1997. The file pertaining to the petroleum storage tank release at the site was closed on September 11, 2003. As ofthe date ofthis letter, MPCA staff is not aware of any information which would change the site's closure status. As a result, pursuant to Minn. Stat. 9 115C.03, subd. 9 (c) (2002), the Commissioner hereby confirms that a petroleum release has occurred at the site, and the MPCA has issued a file closure letter and closure status has not been revoked. This confirmation extends to the successors and assigns of the entity to which it originally applies, if the successors and assigns are not otherwise responsible for the release. If future development of the site or the surrounding area is planned, it should be assumed that petroleum contamination is present. Property with petroleum contamination to soil or ground water may cause on-site vapor risks to future occupants. The MPCA can assist you with environmental risk and development plan review. MPCA Petroleum Brownfields staffwill review and approve plans for property development. If petroleum contamination is encountered during future development work, the MPCA staff should be notified immediately. This letter represents the view of the MPCA, and is based upon information disclosed to the MPCA as of the date hereof. Depending on your circumstances, it mayor may not be construed as releasing any person from liability under state or federal laws. If you have questions concerning your particular situation, the MPCA recommends that you discuss your concerns with your legal counsel. If you would like to obtain information regarding petroleum contamination at this site, please call the Petroleum Remediation Program File RequestProgram at 651/297-8499. If you have any questions regarding this letter, please call me at 651/297-8577. Sincerely, . SHV:ls cc: Kenneth Larsen, Peer Engineering 520 Lafayette Rd. N.; Saint Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY); www.pca.state.mn.us S1. Paul · Brainerd · Detroit Lakes · Duluth. Mankato · Marshall · Rochester · Will~~u.d . a Equal Opportunity Employer. Printed on recycled paper containing at least 20 percent fibers from paper recycled ~I QI" T H . 469.028 Municipal governing body. . . Subd. 5. Early acquisition. When an authority has determined the location of a proposed redevelopment project, but prior to the approval ofthe redevelopment plan and project as provided in subdivision 2, the authority may acquire individual tracts of real property with the approval of the governing body as to each separate tract. Before approving early acquisition, the governing body shall hold a public hearing on the proposed acquisition activities after published notice in a newspaper of general circulation in the municipality at least once not less than ten days nor more than 30 days prior to the date of the hearing. The authority shall not proceed with the acquisition unless the governing body finds by resolution that (1) the proposed acquisition is necessary to carry out public improvements in the area, or that the acquisition will contribute to the elimination of blight or deterioration within the area or that the acquisition is necessary to relieve hardship; and (2) there is a feasible method for the relocation of families and individuals to be displaced by the proposed acquisition. The governing body may, in approving early acquisition, agree to assume the responsibility for any loss that may arise as a result ofthe acquisition ofland and related activities, including any costs of demolition, removal, and relocation, in the event that the property so acquired is not used for urban renewal purposes because the urban renewal plan is not approved, or is amended to omit the acquired property or is abandoned for any reason. Nothing in this subdivision shall be construed to waive the requirement for public hearing upon the redevelopment plan for the redevelopment project. E)i",-r :z:.. . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Kevin Carroll, Community Development Director FROM: Ken Lewis, Building Official SUBJECT: House located at 315 Elm Street DATE: December 9, 2005 . Upon inspection of the above referenced structure, it has been deemed structurally sound to be moved from this site. Upon completion of being moved, the below noted code violations need to be completed before a Certificate of Occupancy will be issued. Basement 1. An egress window shall be installed 2. Maintain a minimum of a seven (7) foot clearance from finished floor to ceiling. 3. Headroom currently going downstairs to basement does not meet the minimum required height of six feet and 8 inches (6'8"). Main Floor 1. A smoke detector needs to be installed and interconnected and hardwired, if possible. 2. Guardrail required for stairs going up to the second floor. 3. First flight of stairs going to second floor exceeds 3/8 inches in height from one another. 4. Landing between the two flights required to have the existing window be tempered glass. Second Floor 1. Bathroom existing window required to be tempered glass. 2. Bathroom required to have exhaust fan installed. . . . Upon research of city files, this house's interior was entirely remodeled in 2001 and abatement will not be required. This is all subject to field inspections and/or other corrections that may occur during this project. i~~ Ken Lewis Building Official cc: Lee Smick, City Planner Tony WhippIer, . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: tfc"'; Planning Commission \ FROM: Tony Wippler, Assistant City Planner SUBJECT: Mystic Meadows 2nd Addition - Concept Plan DATE: December 13,2005 INTRODUCTION John Anderson of Giles Properties, Inc. ("GPI") has submitted a concept plan for the proposed Mystic Meadows 2nd Addition located to the east of Akin Road and south of the Parkview Ponds and Mystic Meadows 1st Addition developments (Exhibit A). GPI is proposing to construct a total of 386 residential units on 198 acres of land. The proposed concept provides a gross density of 1.94 units per acres and a net density of 3.18 units per acre. The breakdowns of the units for the 2nd Addition are as follows: Total single-family lots (75' wide): 73 Total single-family lots (65' wide): 31 Total multi-family lots: 282 As a side note, GPI is also showing future development into a portion of the Harris property directly east of the proposed Mystic Meadows 2nd Addition. This area consists of 79.4 acres of land which could be potentially developed with a total of 176 units (96 - 75' wide single family lots and 80 multi-family units). It should be noted that the Harris property is currently not within the municipal boundaries of Farmington. The process for submitting a concept plan is outlined in the City's Subdivision Ordinance and allows the Planning Commission to provide comments prior to the Preliminary Plat submittal. DISCUSSION The subject property is currently zoned A-I, Agriculture and is designated Restrictive Development in the Comprehensive Plan. Most of the property, with the exception of a portion in the northern half of the concept plan, is not located within the existing MUSA boundary. These items are addressed later in this memorandum. In addition, there are two gas easements that bisect the southern portion of this site, a lOO-foot wide easement owned by Northern Natural Gas Company and a 65-foot wide easement owned by Northern States Power Company. . Zoning . . Prior to plat approval, a rezoning of the property will be necessary as it is currently zoned A-I (Agricultural). Based on the submitted concept plan, R-l (Low Density Residential), R-2 (Low/Medium Density Residential) and R-3 (Medium Density) zoning designations appear to be appropriate for various areas within the development. The R-1 district requires a minimum lot size of 10,000 square feet with a minimum lot width of 75 feet. The R-2 district requires a minimum of 6,000 square feet per lot and at least 60 feet for a lot width. As previously mentioned, GPI is also proposing the construction of 282 multi-family townhomes within this development. An R-3 designation allows for the construction oftownhomes and requires a minimum lot size of 15,000 and at least 100 feet of street frontage. The rezoning could be applied for and acted on by the City Council prior to preliminary plat submittal or simultaneously with the platting process. Comprehensive Plan The property is currently designated Restrictive Development in the Comprehensive Plan. Restrictive Development is considered to have higher amenities within the development, such as larger lot development, more open/natural space, etc. Given the amount of multi-family that is being proposed within this development, the concept plan as submitted does not appear to be consistent with the Restrictive Development designation in the Comprehensive Plan. Therefore, a Comprehensive Plan amendment to Low Medium and Medium Density designations would be necessary. The process for the Comprehensive Plan amendment could follow the same track as the aforementioned rezone. It should be noted that the minimum net density (3.0 units per acre) desired or expected by the Metropolitan Council could almost certainly not be achieved if the 2nd Addition of Mystic Meadows was developed entirely at R-1 density levels. MUSA The majority of the property is not within the current MUSA boundary for the City, with the exception of a portion in the northeast comer of the property. According to the City's MUSA Phasing Plan that was reviewed by both the MUSA Review Committee and Planning Commission and adopted by the City Council on November 15, 2004, the remaining portion of this property is potentially eligible to receive MUSA in 2006. The City Council will have to take formal action in order to allocate MUSA for the remainder ofthis property. Parks and Trails As shown on the concept plan, a 27.1 acre park is proposed on the northeast comer of this development. Additionally, the developer is showing an 18.8 acre piece of the Harris property to be potentially dedicated in the future for park purposes if or when the property becomes developed. The Parks and Recreation Advisory Committee has reviewed this concept plan and has determined that the location of the park as shown on the attached concept plan is acceptable. . . . At this time no locations for trails and or sidewalks are shown on the concept plan. The developer will have to work with staff and the Park and Recreation Advisory Committee to develop a mutually agreed upon trails and sidewalk plan for this development. Randy Distad, Parks and Recreation Director, has provided comments regarding the proposed park and trails. His comments are included in a separate correspondence attached to this memorandum as Exhibit B. Transportation With this development Diamond Path will be extended to the south to connect with Akin Road just north of 208th Street. The portion of Akin Road between 208th Street and Devonport Drive will be abandoned with this project. Access from this development to Akin Road will occur in two locations, those being from the extension of 203rd Street and Devonport Drive. The 203rd Street extension to Akin Road is required to be completed by the Developer prior to any construction taking place south of 203rd Street within the subject property. It should also be noted that the Developer is proposing to provide access off of Dover Drive to the Herzfeld property. All streets within the development with the exception of Diamond Path, 203rd Street, and the private streets in the multi-family portion of the development are proposed to be constructed at 32 feet in width with a 60-foot right-of-way. Diamond Path is proposed at an approximate width of 52 feet within a l20-foot right-of-way. An existing 50-foot power line easement lies directly to the west of Diamond Path. 203rd Street is proposed as 38 feet in width within a 70-foot right-of-way as it has been identified in the City's 2020 Thoroughfare Plan as a Minor Collector. The private streets in the multi-family portion are proposed at 28 feet in width. Floodplain The developable land within this project area has been reduced significantly due to the location of the Middle Creek floodplain. This floodplain severely encroaches onto the southeasterly portion of this property and covers the majority of the Harris and Rother properties. Please note the attached floodplain study that was prepared by Bonestroo, Rosen, Anderlik & Associates (Exhibit C). ACTION REQUESTED Provide comments to the applicant regarding the concept plan. Respectfully submitted, --rLAJ~ TO~Pler, Assistant City Planner Cc: John Anderson, Giles Properties, Inc. EXHI1.3/f A ~. r~Pro~~~\Pl","-~i~f\ll9W=dwg b<>5~Rom":'~o . MYSTIC MEADOWS 2ND ADDITION ..... GPI Giles Properties, Inc. ~ T . p AR..k.........~.l~"'..k.'.:...~.............N;..~Ds' I/'- ~(l.v\---'!~'.:~ I - :~C:' \ ;"~<Z' 1- \i~ ,,' '- ~~.~ I ~~ ~,~~ ' . :~ I .-,,'i,"~ ~l I' ,. - < I ii:"! I I l~~~)" - '\ : I I .... .~~ik v ~'~:J>-o,=-~;::::r..;::::=":\;1' ~. ~tl: I: ~ - ~:l~-- 1'-/ II -;i/'. r --!W - . /~;;i = ::1 --~#2 =- :11 ,~' - :1:- '_. :'#:' I --I::' I/t.' 1'111 ~<t- _',J>~L i -:"T r-i -~ - i!:!~ = ~-::-~"?"\. " I I I . I, I ill . ~~:~~-;~/~~~=;- :r~t~~4~ ~1f -- lR~ . I l- I I I I I I I I I.- _--' _ I I " 0' /(J(J'ZOtJ' p--"'I """ ~ r~ l~:~a IOU NI. :~f == 24.4'" l.I4U<ib/Ac. .lla1JftllVAc. lo.0Ac. O.HIJnIta/Ao:. U!U<ib/M:. 14.4M:. 4.101Jft1lVM:. &.00 UnIt./Ao:. . fUTUIlEPl.AT1mAltLto: FlITUREPAlllCllEDICA1lON ruTUllESIQ.E-FAWlLVLOT9{7$'): ruTUREta.ll-FAYlLTlOTS: F\l1UIIETOTAlLNT$: Ul"""1EPAI'lllllEDlCo\lJIlN: UL"""1ETOTAlUSAlll[PARlCLNtD: UlTl.....TE TOTAl UMT!I< 19.4Ac. 'U .. i;' i5.IlAo:. ,.... .." CONCEPT PLAN ':f;. o..n: ~~~~~TH:BYPl.lN~~~ L.lCI:NSEOP!llF1:SSIOM.o/- NllER1llE l"WS<ll'THE;SrA~ r.... ~~:~~ :c':"'" ~~, 0\ OL"OM A..oe_AT., _......~.ICl~.SVINWYOfII ------.---.....-.--- -.-.-.-.-.- MVsnC MEADOWS 2ND ADDITION FARMINGTOH,MH 2005 . . . ~XIHt31T B City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Farmington Planning Commission FROM: Randy Distad, Parks and Recreation Director RE: Comments on the Mystic Meadows Second Addition Conceptual Development Plan DATE: December 7, 2005 BACKGROUND Staff and the Park and Recreation Advisory Commission (PRAC) have previously seen and approved of a concept plan for the entire Mystic Meadows development that showed a future park area in the Mystic Meadows Second Addition. This future park area included space for a ballfield complex. DISCUSSION The Comprehensive Plan's Existing and Proposed Park, Trails and Open Space Plan Map (Plan Map) identifies a park of35 acres in the area that included the First and Second Additions of the Mystic Meadows development. However, when the First Addition was platted, it was agreed upon at that time by the City and Giles Properties (the Developer) that the City would not require land to be dedicated for a park in the First Addition but instead would defer the land to be dedicated for a park until the Second Addition was platted. Instead, the City allowed the Developer to provide a Letter of Credit to the City that would then later be released back to the Developer once the appropriate amount of land was dedicated for a park in the Second Addition. The concept plan submitted by the Developer for Mystic Meadows Second Addition shows the correct location of the park area. In regards to trail and sidewalk locations, the concept plan does not show locations of any trails and sidewalks. The Developer should work with staff and the Park and Recreation Advisory Commission to identifY the location of trails and sidewalks in Mystic Meadows Second Addition prior to submittal of the Preliminary Plat to the Planning Commission. RECOMMENDATION: Staff recommends that the Planning Commission should approve the Mystic Meadows Second Addition Concept Plan as submitted and should also direct the Developer to work with staff and the Park and Recreation Advisory Commission to develop a mutually agreed upon trails and sidewalk plan for the development prior to the submittal of a Preliminary Plat to the Planning Commission. ~4~ Randy Distad Parks and Recreation Director cc: Park and Recreation Advisory Commission Members Ex;! /!lir c- . (f) / t WJ I' f-~ I I VI I I' i l' ~ t -, -1 . f~::: mil ! ;J :l- s~~~> ._~I +. "T1 Os: &.c:~ "Ce.o ~CD:;; :i' C') ~ en -.: S" ~<'D'2. _ CD 0 c..;:J:'"~ '< ><< b';\'Q -<~<[ "- n" ir=~Q~.S:- ~!2.i5' ,,~~.~.? Vll?!S r:8cn.&o ~ ~g. ~~~~!:!! ~-< l?1 g'!~ ~ ~ Ii ~-~ ~ i c ~. It < m" ~ ~ L "~ --~ I ~ I -! ~ I , , . . . . rm ~,. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Planning Commission l p.p V FROM: Tony Wippler, Assistant City Planner SUBJECT: Sunrise Ponds Concept Plan - Perkins Property DATE: December 13, 2005 INTRODUCTION Neal Krzyzaniak of Bridgeland Development Company, the Developer, has submitted a 2nd revised concept plan for the Perkins property, which is located east of Trunk Highway 3, west of Cambodia Avenue and north of Bristol Square. At its meeting on September 13, 2005, the Planning Commission reviewed the original concept plan for this site which proposed 174 multi-family units (townhomes). The Planning Commission at this meeting expressed concerns regarding the density that was being proposed with the original concept plan. In an attempt to address the Planning Commission's concerns, the Developer resubmitted a revised concept plan to staff on November 3,2005 that proposed 110 single-family "Villa Units" on lots that ranged from 36 to 46 feet in width. The Planning Commission reviewed the revised concept at its regular meeting on November 8, 2005. The Commission still expressed some reservations concerning the revised plan. The main concern stemmed from the fact that the Developer was now proposing a single-family development with lot widths of 36 and 46 feet, which is a significant departure from the requirements of the City Code. Before making any formal recommendations on the revised concept plan the Planning Commission wanted to discuss the plan with the City Council at a Joint City CouncillPlanning Commission meeting that was held on November 30, 2005. At the aforementioned joint meeting, the revised plan was again reviewed by the Planning Commission as well as the City Council. It appeared that the revised concept was generally acceptable to the majority of the Council and Planning Commission members. However, there were still some concerns regarding the lack of a park in the development and the absence of sidewalks along the private streets. The 2nd revised concept plan still includes 110 single-family villa units on 36 and 46 foot wide lots. The main difference between the previous concept plan and the latest one is that the Developer is providing a park/open space in the southwest comer of the property where a buildable lot was previously proposed. In addition, a 10' wide bituminous trail is being proposed to bisect this park/open space to add an access, for the interior lots, to the trail system that will be developed with this project. As previously mentioned, the newly revised concept still proposes 110 single-family residential lots. Being the park/open space located in the southwest comer of the property is . proposed to occupy what was originally a single buildable lot, the developer has added a lot on the south side of Street A. Thereby, the number of lots being proposed in this development remains the same. The newly revised concept plan is attached hereto as Exhibit A. Exhibit A-4 may be of special interest. This illustration is the best depiction (to date) of the amount of natural open space located within and around the proposed development. It also demonstrates that a convenient and functional system of trails and sidewalks will exist around the entire perimeter of the development, and along the public street (210th Street) that bisects (and provides the primary roadway access to) the development. I have attached, as Exhibit B, the proposed building elevations for this development. The process for submitting a concept plan is outlined in the City's Subdivision Ordinance and allows the Planning Commission to provide comments prior to preliminary plat submittal. DISCUSSIONIREVIEW The property in question consists of two separate parcels of land owned by Neil and Linda Perkins. Both of the parcels are currently located in Empire Township. The two parcels, combined, include approximately 17 acres. The City has received a petition for annexation from Mr. and Mrs. Perkins. In keeping with past practice, the proposed annexation will be discussed with Empire Township representatives as soon as a concept plan exists that appears to be generally acceptable to the Planning Commission and/or City Council. . Staff wants to emphasize that this matter will not proceed beyond the "concept review" stage until the annexation issue has been properly addressed with Empire Township. The City has agreed to accept, review and comment on the concept plan, in part, to help provide Empire Township officials with the information that they will need to review the annexation issue and determine whether they are interested in signing a Joint Resolution regarding the annexation in question. Concept Plan Review The Developer, Bridgeland Development Company, proposes to construct 110 detached townhomes (single-family units; please note attached elevations) on 17.09 acres with a density of 6.44 units an acre. Bridgeland is proposing a detached single-family subdivision with lot widths ranging from thirty-six (36') to forty-six (46') feet. The setbacks for the single-family homes are proposed at twenty (20') feet in the front, six (6') feet on the side, and ten (10') feet in the rear yards. If the concept plan is approved, the Developer will be requesting a Comprehensive Plan Amendment to designate the property as "low/ medium" density. The developer will also request that the property be rezoned to an R-2 (Low/Medium Density) designation. Inasmuch as the proposed lot widths do not meet the minimum requirement of sixty (60') feet within an R-2 zoning district, the property would have to be platted as a Planned Unit Development. Transportation . The development is located adjacent to one existing roadway - Cambodia Avenue. The concept plan proposes a westerly extension of 21 Oth Street through the northern portion of the site. The traffic . generated by the development of this site will utilize, at least temporarily, Cambodia Avenue and 2l3th for access to and from Trunk Highway 3. The increase in traffic created from the development of this site, and from the anticipated development of nearby properties, will put additional stress on the intersection of 213th Street and TH 3, thereby making the 210th connection to Highway 3 critical for the future development of the east side of Farmington (See attached memo from the City's Transportation consultant). The attached map illustrates the importance of the 210th Street connection to Highway 3. Although 213th Street would initially appear to the be most logical east/west connection between Highway 3 and the future extension of Biscayne Avenue, the intersection of 213 th Street and Highway 3 is only one block from the existing signalized intersection at Elm Street and Highway 3. MNDoT has therefore indicated that the 213th/Highway 3 intersection will probably never be signalized, and in fact, it will probably have to be converted to a right-in, right-out intersection at some point. In addition, details regarding the crossing of the Prairie Waterway on the east side of Cambodia Avenue remain unresolved at present. Potential problems also exist with respect to a potential future Spruce Street connection between Highway 3 and the future extension of Biscayne Avenue. As with 213th Street, the preferred method of crossing the Prairie Waterway and the funding required for that Spruce Street crossing have not yet been determined. Questions also still exist regarding whether the west side of the Spruce/Highway 3 intersection can or will be opened to through traffic. If that doesn't happen, the intersection of Spruce and Highway 3 will (like 213th Street) be something less than a full intersection. . In contrast, the intersection of 210th Street and Highway 3 has the potential of being a full intersection, and one that can be signalized as soon as traffic warrants are met. The creation of this new signalized intersection could lead to redevelopment activity at the northwest and southwest comers of that intersection. Eastbound traffic on the new 210th Street could cross Highway 3 and then take Willow Street and 4th Street to get into the heart ofthe downtown area. The construction of 2l0th Street along the southern border of the former bus garage property would help "open up" that property (and the small pocket of adjacent residential properties) for new development, and could ultimately enable MNDoT and the City to close the problematic Highway 3/Chippendale Court intersection (i.e., the former access to the bus garage property). The proposed 2l0th Street connection between Highway 3 and Cambodia Avenue, and the partial completion of Cambodia Avenue's "missing link" between 2l0th Street and 20Sth Street, will help provide westerly and northerly accesses that may be needed for the development of the Devney and Winkler parcels. The development of those parcels will, in turn, help complete a portion of Biscayne Avenue's "missing link" between 2l0th Street and 225th Street. When that link is completed, Biscayne will be a continuous, straight roadway between Northfield on the south and Rosemount on the north, and as such it will gradually begin to assume an increasingly important role as a north/south alternative to Highway 3 (especially as portions of Biscayne Avenue begin to get paved in connection with adjacent development). . The City's Transportation Engineer has indicated that both 210th Street and Cambodia Avenue should be classified as collector streets and should be constructed to that standard (70 feet of right-of-way), and that on-street parking along both sides of the streets should be prohibited. The concept plan . . . currently shows Cambodia Avenue with a sixty-six (66') foot right-of-way. This will have to be revised to show the required seventy (70') feet of right-of-way. The internal roads are proposed to be twenty-four (24') foot wide private streets. It appears that these private roadways are adequate to serve this site. In addition, there is a sixteen (16') foot wide alleyway that bisects the inner block of this development. It is proposed that the garages for the homes within this block will access onto this alleyway. MUSA Extension/Utilities At this time the property is not identified on the City's adopted MUSA Phasing Plan. The property owners were apparently not yet actively considering development when the MUSA Review Committee was meeting during 2004. The City's MUSA Review Committee will have to reconvene to determine if MUSA can or should be made available to this site. It should be noted that the number one criterion identified for MUSA expansion is "proximity of transportation corridors". As mentioned above in the transportation section of this memorandum, the 2l0th Street connection to Trunk Highway 3 is pivotal for the future development of the east side of Farmington. The MUSA Phasing Plan that was adopted on November 15, 2004 is not a comprehensive, all-inclusive long- range planning tool. It is a "snapshot in time" that directly includes only those property owners who expressed an interest in development immediately before or during the MUSA Review Committee's deliberations. Sanitary sewer service to this development is located to the west of the property. There will need to be coordination with adjoining property owners to make this connection. Additionally, water service is located to the west and southeast of the property. The watermain will be required to be looped at both locations. Again, coordination with adjoining property owners will be required in order to make these connections. There is at least one well and one septic system on site that will have to abandoned with this development. The concept plan does not provide for any onsite ponding for stormwater management. Staff has discussed this concept with the City's stormwater engineer and he has indicated that no onsite treatment is required for this development because the Wausau Pond located to the west of this property was expanded a year ago to function as a regional water quality pond. However, he did indicate that the existing pond/ditch located just to the south of the property's southern boundary will have to be expanded in conjunction with this development. This pond expansion may have some impact to the location of Street C. Park and Trail Requirements The Developer is proposing placing the required trails off of the Perkins property and on the City owned property adjacent to the stormwater ponds. Staff is generally in agreement with this proposal, provided that the Developer pay for the construction of the trails. In addition to the trails, a five (5') foot wide concrete sidewalk is proposed on the southern side of 210th Street. The Parks and Recreation Advisory Committee has yet to review the latest concept plan. Randy Distad, the Parks and Recreation Director, is recommending that the Parks and Recreation Advisory Committee be given the opportunity to review the concept plan at its December 14, 2005 meeting in order to make a recommendation to the Planning Commission regarding the location of trails and sidewalks and . . . whether park land should be taken with this development. A memorandum from the Parks and Recreation Director outlining this recommendation is attached as Exhibit C. Homeowners' Association The internal streets (streets A, B, C, D, E, F) and the alleyway will be privately owned and are planned to be narrower than a typical City street. A Homeowners' Association or some other form of governing body will therefore have to oversee the snow plowing and roadway maintenance within this development. ACTION REQUESTED Provide comments to the applicant regarding the attached concept plan. Respectfully submitted, ~cJ~ Tony Wippler, Assistant City Planner Cc: Peter Knaeble, Terra Engineering Neal Krzyzaniak, Bridgeland Development Neil and Linda Perkins . -=:=L -~ \U \ \ ~"B '- - - ""-\.>>' \ , ~ _ ~ \ \.:-J \ \ ~iil -----'- '. r-~\ \\ . - " ll' I \, B \ O.~j __ -- -- --~~ \ \ \~.\~\ ~i;~ \ ~. L:- -- I.! oov.-.e~' ~ q ~' 1 > '\ -1 - - - - - ~:~ I -" !~!~~~~ \~ .' \ . 1J~ '. . \" ' ~~\\ \~'" \--. \ }g ^'::'fml---./u 'iJ"f..q \ . . _. . - ~\ ,1\'. . \ // ~ ,. . . " I Ii; ~!'\ ~ . . \ j,' ~Ir;\ \ '/~. ./ ~s~ .! \ ~~. ~\ b .} .)' '7) ~. ")J~MV11 ~~..\ \ A..'-- /(? I n~1 i j/?~ r. 1 --~ ! if ~\ \, \ , )> /' ."1 '[-.. /tf"~ ,I)-~il i ~ ,:\,,\\ \ 6r~~'/ ~I~. I, :- I ~ : I j ~. .I J ~ if' i.l \" \\ L - - - - - /,/ 6\ I I ' ~, . ~. 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EXISTING CONDITlONS PLAN SUNRISE PONDS FARMINGTON, MINNESOTA ..- w._.~ \' \ r ( I ( \ \ \ \ " \' \ o 6001 Glttnwood Avenue Minneapolis, Minneso1a 55422 7635939325 Fax: 763 512 0717 . . . ';;':",;; -" \~~,\\ :,;~~ '~~\ - -' - .~.,.... 'I :. c; \'---'~ , ' ------:-~-:---c i; ; ;, . --......... .- I ..,. ,- - ._~;;~W. ;;>'.,~' --:. .... -~ --- -,~- - OPEN SPACE Ia o \) rT'I Z Vl \) )> () rT'I ~! =< .+z 1"'1 '- T (II ~ N ~ a (II SKETa-l PLAT PlAN SUNRISE PONDS FARMINGTON, MINNESOTA tyHl8/f A - 'f '- - " '\ I ~t4 I ~, :.." , " " ,,~ OJ ,. " - r-S .... ..~----_. . .,11 Terra --.... eM -- ...-.-." ~ -, .\ ,; i I i I I L, r./l ~~ ~~ br./l ?trl ~'"'C ~O ~Z )>tJ r./l -==~----, c::J ~ I -.j ~ = '"' 6001 GlellWDO(! Avenue MiM.epolll, Mlnnnota 55422 763 Sg3 9325 Fax: 763 !512 0717 . EXH-/(JIT 8-1 z:z 00 ~B :C:J of: S:~ <8 f1l ~ . j. . CI.l Q" (': y ~ - CI.l CI.l ... - 00 ... (': CI.l CI:: ~tn CllQ (':....... 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" " " i. , I , "I , 1'-' ,_o._~_,,==..=cJ_, :r a ;: -g.~ 'ii C "5j~ 'C ~ '2 '" 0': ~,g ~ fD~c;;~:g aS~~~8 :>DllMN.....'" }, Ig I I \.fl "- :r .!l ~. i I u .. L ekH18lr /1" I( 7 I ~ \- ":f' IL o Ji iO r- ::3 a '" :t If" :2 N " ad 1": .n ~ (~) U . .' I" ""1 0 I ,J1 :2 ,- :1: - a d ,,' I :1 " " ~ ~ ~J! 5: 5 ~- . "- f) ,11 '- ,~ "- .-J . -\f-.., ... , ,...~, ,... .! I . . \\<l#Y ;:.~ ,--I'"" . . . DR IJS/r' C.-I City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Farmington Planning Commission Members FROM: Randy Distad, Parks and Recreation Director RE: Staff Comments on Sunrise Ponds Conceptual Development Plan DATE: December 8, 2005 BACKGROUND Staff has reviewed the Sunrise Ponds Conceptual Development Plan that was prepared by Terra Engineering, Inc. and submitted by Bridgeland Development Company (the Developer). DISCUSSION Staff has been working with the Terra Engineering on the development of a trail and sidewalk plan for Sunset Ponds. The concept plan attached and shown as Exhibit A reflects the trail and sidewalk locations that have been previously discussed with Terra Engineering staff. At a Planning Commission and City Council workshop, there appeared to be an interest in having additional trails and sidewalks in this development. It is important to note that the issue with more sidewalks and trails would be that they would be located on private streets within the development. It has been past practice to not require trails and sidewalks on private streets. There also appeared to be an interest to have some park land dedicated in the development. Terra Engineering has shown some additional open space for the development. The Park and Recreation Advisory Commission has not yet had the opportunity to review the concept plan but it has been put on the December 14,2005 meeting agenda to review and make a recommendation concerning the location of trails and sidewalks and whether or not park land should be required to be dedicated or cash in lieu of land should be taken. RECOMMENDATION Staff recommends that the Park and Recreation Advisory Commission be given the opportunity to review the concept plan for Sunrise Ponds at its December 14, 2005 meeting and make a recommendation to the Planning Commission regarding the location of trails and sidewalks and whether park land should be dedicated or cash in lieu of land should be taken in the development. ~I1Y S"J)2P t::;d~D~ Parks and Recreation Director cc: Park and Recreation Advisory Commission Members . . - II; S ~ . :E · :.+-z '" a 0 s ~ ~ ~ .... 5 ~ A ~ SKETCH PLAT PLAN ::: d "D.m SUNRISE PONDS Ul Ul FARMINGTON, MINNESOTA Ihw~U~~uw.pIonOf l,.port - pNpwM by IN. - =-~: r"':St: St~ ~~KAMIL P.I.....Kl.p.E. Dahl:~RelJ.No.I.&a" !Ii '. J k ~ ~ Ex/l16tr (- 2.. n~u~~~i~~i !il'li~~;!o~llIll1;' 'ICD:a~ICl~~@~ 11h~5~' ~\la ''''MM~~'' '-~ EO......... + ;a B;U~~. p~ :~~~osa ~2 ~'~i\!r !ill . ,:jo~.... ~ . lir: CD;! li~ i~ .-; a~ , , g:.ct~~t;~t;Clt~~~ Terra -- ... ..- w..........--. 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I !: . . \ 'r\ I;: ,~!IL ~ -_~IWII.~ f.h ~'iI.. -'.- ~~ l' \, ,\~'~ \ ~~: .~..::: .:::....=rJir._ _I ~~ I ;\1 < '.'j~' .n~ -:: - _-~:- -=-=- _ ~ CAIIIllDI#. ~ "';;;);.~'... - :<.... ~.::. '~. -7i---- I "'...".1.... . (caJ..ECT"".O.)\ . ....- ~,', I ,. .~ - ,\ ~ _ 2 I I _-:.\_ \ -- I ,.....' ---.::-"- '"\ "'-, . - B~I I I 1'----- _~_[-;o,,~-....._" \1 - - - ~\ ; i. 1'1......... q., ~ I ...-- --~ -- ~~~_onos .". l- ~.I I I I ~. - '....."Ii, II I w! -__8-___ 811 II ~~. ............ .........k'~'1 ~ 1'''''''''..''''.,...... ~ " ' [! I ~~ a S Ii I I I " \ I ~1\ i' I S ~ .~I , I I \~~: 1~:\1 I ~II I I !lL!)) I < !! I ~-l! :~~~p ~~~i~~ ~i~~~~.-rm I ~~~i3 ~~i3 ~i ~gil ~~'-R.~r:::(TI ~1<'-R~~JijI 'l~~R~~~ ~h~ ~3/~ ~~ ~~~ ~~2 ~~ ~~~ Oi~ ii!~ :~ ~~J:t;sl i~.. ~ ~~~ ~~x ~ .~x ~ .gx ~ m ~~a~ ~'l~ ~ g!~ ~~~ g ~ i 0\ ~ ~ " E~ 2< ~" ~ =0 ~. e e ~'" e 0 0 . ~~ 2!~ ~ ~ J;;J: ~ ~ 2~e ~ i e i e ;;lil~.. ts~~ Ill: 2rJ < _ - ~ ~ ii:o~ e/;!! ~" . '". ~ a ~ .:! 5 ~ a "II. <oz iI'~ f2~ 'V - a !!!'"'2 ~~::;! fit>> ~ ~ ~ ~ ~ ~ ~ ~ ~~IQ iJto ~~ e,.. S 8. ~ .B oS S oS ~~ . ~~ - iI q :Qg e ~ ~ ~~ ~ ~f " ;l ~ ~ ~Sg --; ~ ~~ a:~ ; i ~~ :o:~~ ~ " lD~ !;:~ ~ lD ~i a '"' ~ ~ ~~b;~CJt~ !i~ ~ >>,.."' i i~ OJ d l - ~I !l=l a 6001 Glenwood Avenue Mlnneapolls. Minnesota 55422 763 593 9325 f..: 763 512 0711 ~ f 11. Bonestroo .IUI Rosene 8 Anderlik & 1 \J' Associates Engineers & Architects IJ//emo . To: Lee Mann Lee Smick Kevin Carroll Date: 6/15/2005 From: Shelly Johnson Re: Traffic Assessment of Devney-Rother Development Proposals Farmington, MN File No. 000141-05241-0 and 000141-05242-0 Remarks: -> The Devney-Rother property development proposals consist of residential land uses. The project sites are as shown on Figure 1. The north boundary of the site( s) is 210th Street while the west boundary, Cambodia Avenue, fronts the upper half of the properties. The north site is the Devney property and the south site is the Rother property. The Rother property is not adjacent to any public roadways at this time. The existing traffic volume data for roadways in the site vicinity was obtained from MnDOT traffic flow maps. The daily volume data on 213th Street was collected by city staff in May of this year. The turning movement counts at the intersection ofTH3 and 213th Street were conducted on May 18,2005. The volume data is shown on Figure 2. . Site Generated Traffic The proposed land uses are residential and include single family detached housing, multi-family townhome units, back-to-back units and row units. For purposes of this traffic assessment trip rates contained in the Institute of Transportation Engineers (ITE) report titled Trip Generation, 7th Edition, 2003, was used. Single family detached rates were used for the SF proposal while all other units utilized the townhome rates from the ITE report. The estimated peak hour and daily trips are shown on Table 1. . Estimated Traffic Volumes A.M. Peak P.M. Peak No. of Dwelling Hour Hour, Daily Land Use Units fu Out In Out (Two-Way) Devney Proposal Single Family 48 10 25 30 20 460 Row, Back-to-Back 288 20 105 100 50 1,690 Sub-total 30 130 130 70 2,150 Rother Proposal Single Family 106 20 60 70 40 1,015 MF-Townhome 96 5 35 35 20 560 Sub-total 25 95 105 60 1,575 Total 55 225 235 130 3,725 Table 1 Estimated Site Generated Traffic Volumes Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonestroo.com o SL Paul Office: 2335 West Highway 36 Sl Paul, MN 55113 Phone: 651-636-4600 Fax: 651-83&-1311 o Milwaukee Office: 12075 N. Corllorate Parkway, SIe 200 Mequon, Wl53092 Phone: 262-643-9032 Fax: 262-241-4901 o Rochester Office: 1127" Street NE Rochester, MN 55906 Phone: 507-282-2100 Fax: 507-282-3100 o Willmar Office: 205 5th Street SW Willmar, MN 56201 Phone: 32Q.214-9557 Fax: 32Q.214-945B o SL Cloud Office: 3721 23" Street S Sl Cloud, MN 56301 Phone: 320-251-4553 Fax: 32Q.251-6252 o Ubertyville Office: 1 B60 West Winchester Rd, Ste 106 Grayslake, IL 60030 Phone: 847-548-6774 Fax: 847-548-6979 .11. Bonestroo e Rosene ~ Anderlik& '\l' Associates Engineers & Architects . Memo Traffic Assessment of Devney-Rother Development Proposals Farmington, MN Page Two June 8, 2005 Vebicular Traffic Assessment The trips generated by the development proposals have been assigned to the area roadway system based upon existing volume tendencies and potential roadway extensions. The roadway extensions assumed for these traffic assignments include the following: . Extend Biscayne Avenue from 210th Street southerly, ultimately to TH 50. . Extend 213th Street from Cambodia Avenue to Biscayne Avenue. . Extend Spruce Street from 14th Street to Biscayne Avenue. The assignment of project generated traffic for the morning and afternoon peak hours is shown on Figure 3. The daily trips generated by the proposed developments are shown on Figure 4. .IntersectionIRoadwav Analvsis The intersection that will be most affected by this development is the TH 31213th Street intersection. This intersection is presently controlled by stop signs on the cross streets of 2 13th Street and Main Street. Assuming a buildout of the projects in five years (for traffic analysis purposes only) the peak hour volumes have been increased for this intersection in order to analyze the operation of the intersection. The project generated volumes have been added to the intersection and the TH 3 volumes have been increased by three percent per year. These volumes are used to analyze the operation of the intersection utilizing the present lanes and traffic control of cross street stop signs. The analysis sheet is attached to the end of this memorandum. The projected volumes are shown on that worksheet. ~ The intersection level of service analysis indicates that both the eastbound and westbound a roaches (Main Street and 213th Street will not oEerate efficiently using the volume projections. The levels 0 service areerojected to be E an F uring peak hours. These are"notacceptable levers-olservice~. ~ -- ~ - ,- "p.-- ill"<! I ~ -. -~ The estimated volumes that are projected to use 213th Street at project buildout could increase the daily volume along 2l3th Street to approximately 5,000 vehicles per day. A two-lane roadway such as 213th Street could accommodate the' daily trips at an acceptable level of service. The issue will be at the intersection ofTH 3 with 213thJMain Street. The added volumes on 213th Street are significant enough so that a traffic signal will be necessary to allow vehicles to access TH 3 in a safer manner. However, this intersection is approximately 376 feet north of the existing traffic signal on TH 3 at Elm Street. This distance is not conducive to the provision of good traffic signal timing. Whether or not MnDOT would allow this intersection to be signalized remains to be determined but is felt that they would resist such control at the 213th o intersection. The TH ~ access management study that MnDOT con.?~cted in 2004 concludes that this intersection should be a secondary Intersection - one that IS not SignaliZe-dano could have limitea accesS:- --, -- - - ~~~,~...._~'_~kl> ..;~'~C!~_...........~.....,;olj,ltO.-,;",-~~"'~"" - . Bonestroo, Rosene, Ander/ik and Associates, Inc. www.bonestroo.co o St. Paul Office: 2335 West Highway 36 Ste106 St Paul, MN 55113 Phone: 651-63&4600 Fax: 651-635-1311 Rochester, MN 55906 Phone: 507-262-2100 Fax: 507-282-3100 WiDmar. MN 56201 Phone: 320-214-9557 Fax: 320-214-9458 5l Cloud, MN 56301 Phone: 320-251-4553 Fax: 320-251-6252 o Ubertyville Office: 1860 West Winchester Rd. Grayslake, IL 60030 Phone: 847-54&-6774 Fax: 847-54&-6979 o Milwaukee Office: 12075 N. COl]Jorale Parl<way, Ste 200 MeQuon, WI 53092 Phone: 262-643-9032 Fax: 262-241-4901 o Rochester Office: 1127.StreetNE o Willmar Office: 205 5th Street SW o St. Cloud Office: 3721 23'" Street S .11. Bonestroo e Rosene ~ AnderJik& ,\I, Associates Engineers & Architects . Memo Traffic Assessment of Devney-Rother Development Proposals Farmington, MN Page Three June 8, 2005 The other method of accessing TH 3 exists on the south edge of the property and would require an extension of Spruce Street from its terminus at 14th Street. Such an extension would require crossing of the waterway. It has been estimated that approximately 750 vehicles per day would use this extension to travel to/from TH 3. Without that extension, most of those vehicles would probably gravitate to 213th Street with some proceeding south along Biscayne Avenue when it can be connected to TH 50. It should be noted that these analysis assume extension of three roadways: . 213th Street to Biscayne corridor . Biscayne from 210th Street to TH 50 . Spruce Street from 14th Street to Biscayne Corridor The TH 3 intersection with 213th Street is approximately 376 feet north of the signalized intersection ofTH 3 with Elm Street (CSAR 50). This distance presents traffic signal timing issues, assuming signalization of the 213th Street intersection with TH 3, due to the "closeness" ofthe intersections. Another route for traffic from these proposed developments needs to be developed so as not to create additional traffic issues along 213th at the intersection with TH 3. A otential connection utilizes the 210th Street corrid to ect to TH 3 robab1 0 osite Willow Street. SuchacE~ssibility~ to/from the east, needs to be evaluated as to a fuW!U2otential connection., Such a connectIon would aliow the existingjul! movement access ~m-~ graded to a right inlright out connection. This woUId ~i{mmate the most seriOU-S-acces~ Iss;e~ at that 10caRon:~~--""""'-'-- . ,~-... _~",,-",...'" . ~. "'" 'liA ~ . ~~...~~~ Recommendations ~. CO~~,l!~~~~~~a!:e~:~ TH,~ :(or seryin~ these properties. ~? Consider restricting Ma~~il!]!~ ~!E~Lacc~.~,s l;ltJIll1~ght out when alte1J1atiy~ east-west -' access is provided. AI - ~.... . Analyze Spruce Street extension to the east to connect to Biscayne corridor. Build this roadway as a part ofthe development. . Preserve right-of-way for Biscayne corridor south of the subject properties. Build the roadway from 21 Oth Street adjacent to the entire development area. . Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonestroo.cOJ Willmar, MN 56201 Phone: 320-214-9557 Fax: 320-214-9456 o St. Cloud Office: 3721 23'" Street S Sl Cloud, MN 56301 Phone: 320-251-4553 Fax: 320-251-6252 o Ubertyville Office: 1660 West Winchester Rd, Grayslake, Il60030 Phone: 647-546-6774 Fax: 647-546-6979 o St. Paul Office: 2335 West Highway 36 Sle 106 Sl Paul, MN55113 Phone: 651-636-4600 Fax; 651-636-1311 o Milwaukee Office: 12075 N, Corporate ParKway, Ste 200 Mequon, WI 53092 Phone: 262-643-9032 Fax: 262-241-4901 o Rochester Office: 1127- Street NE Rochester, MN 55906 Phone: 507-262-2100 Fax: 507-282-3100 o Willmar Office: 205 5th Street SW . 1 I 210th ST DRAWING NOT TO SCALE 213th ST I I _-----------J I I I I , I S\\t:.. I I , I , I I I . ELM ST n ~ SPRUCE ST ----------, . Figure 1 SITE LOCATION FARMINGTON DEVNEY-ROTHER SITES K: \141 \141 05241 \CAD\DWG\141 05241_ Traf-figs.dwg JLlj Bonestroo Rosene 8 Anderlik & . \J' Associates Engineers & Architects -1 I- (j) w z >- -:( () (j) 1D ,.,( . . . ~ XX/XX - A.M. PEAK HOUR I P.M. PEAK HOUR I 1 1 I' 1 _ - - -1- - - + - -+- - --1 1 I I 1 I I I 1 1 1 I 1 1 I 1 1 I I I I I I I I I I I I 1 I I I _ _ .J _"_ _ - -L - ~ ,- NOTES: 1.24 HR COUNT (LOCATED BETWEEN TH 3 , AND THE BACKAGE ROAD) - MAY 2005 2. YEAR 2002 MDT INTERSECTION COUNTS I - MAY 18,2005 I 1 I ... o o IX) ..... ..... DRAWING NOT TO SCALE 10 N 1(0) "'-CO ~O)"'- " ~ ~ '-85/47 J ~ ~ +-2/5 "'55/40 28501 10/6.J1 t 213th 5T 4/3-+ ~ I' NN..t' 8/11~ '- ..t' co IO~~ .....(oN o 10 ELM 5T N o o ..... ..... ..... If) F SPRUCE 5T Figure 2 EXISTING TRAFFIC VOLUME DATA FARMINGTON DEVNEY-ROTHER SITES K: \141\1 41 05241 \CAD\DWG\1 410524L Traf-figs.dwg .- III L&J ?: -< o III in 210th 5T I I --- . fl. Bonestroo ~ Rosene G Anderlik & . \J' Associates EngIneers & Architects . 1 I XX/XX - A.M. PEAK HOUR I P.M. PEAK HOUR t; L&1 ~ LO< C'ol&l ,iii o .... ~ 210th 51 , I t o .... , LO .... DRAWING NOT TO SCALE --- I") m i= I"- , ~ IL 15/8 ~ ",,28/15 I' o ~ to SPRUCE 51 I"- ~, I J , ", _+-73/39_1_ _ _ + _ -t- _.-J I 1 1 1 I I I I I ' I 1 I ' I 1 I 1 I I 1 I I I 1 ' ~I I \ ~I I, . "1 +-31/15 . ..J.. __~---- --1- 4/14.J' I 6/~~ I I I m I"- , .q- C'ol ~ 1/1~ 1L62/35 +-1/1 "" 40/20 I' C'ol I"- , I"- .... 213th 51 7 /35 .J' 35/117~ . ELM 51 N o o ..... ..- ..- . Figure 3 PEAK HOUR PROJECT GENERA TED TRAFFIC FARMINGTON DEVNEY-ROTHER SITES K: \141 \141 05241 \CAD\DWG\141 0524LTrof-figs.dwg . n. Bonestroo' ~ Rosene E M TE~ Anderlik & STI A ..." \j' Associates Engineers & Architects "r- . . . ~ 1 ~ ... 1O~ I C:j~ in 210th S1 DRAWING T NOT TO SCALE , --- I I I I I I 2.450 _ _ _ _1- - - + - --t- - -' 213th Sf I I I I I I I I I I I ElM S1 10 I~ I I 1 .., I j!: I I I I I 750 --.J-----'--~I- SPRUCE ST 01 r;J1 I Figure 4 PROJECT GENERATED DAILY TRAFFIC ESTIMATE FARMINGTON DEVNEY-ROTHER SITES K: \141 \141 05241 \CAD\DWG\141 05241_ 1raf-figs.dwg . fl. Bonestroo ~ Rosene G Anderlik & 11J. Associates Engineers & Architects 13 .~ ta 5b '8 TH3& NB on TH 3 SB on TH 3 EB on Main St WB on 213th St Intersection 213th St L T R L T R L T R L T R Total Volume 17 587 41 56 520 8 11 5 9 95 3 147 Delay 5.7 6.1 33 9.3 3.9 2.0 14.1 12.5 5.1 59.4 135.4 39.3 13.5 AM Peak A A A A A A B B A F F E B Hour LOS Lanes 1 2 1 2 1 1 Queues 24 7 48 - 45 300 Volume 74 629 136 148 609 8 7 4 13 60 6 82 Delay lO,} 7,0 5,0 10.2 4.7 2,9 43,} 44.8 14.3 57,0 57.4 35.8 9.9 PM Peak B A A B A A E E B F F E A Hour LOS Lanes 1 2 1 2 1 1 Queues 52 13 65 - 54 146 Farmington - Devney-Rother Sites Year 2010 AM & PM Volumes Stop Sign Control on 213th StlMain St . . . E ~'~~ I~ ~).Irrrrr Ii "~ m/ 4~ 1II__ ~ ~ ff ~ 7f}?fffrX '" ,,~:J:::m ~ 1&tmHMB~ ~~. ,~.. ~" 11II1 ~ ~ // ~ ~/< ~ 10 5fJ"rl ~r- ~ II ....J~ ~A~ f- /, 0 - )1 FH:::v r<-- is fol {= ~ l ~!': '" - ti <~' KRAL I" _ ~~I = -rU11 I I':dJ J J';::;. - I " ";'; 210TH ... 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