HomeMy WebLinkAbout09.15.04 Planning Packet
City of Farmington
325 Oak Street
Farmington, MN 55024
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AGENDA
PLANNING COMMISSION MEETING
September 15, 2004
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) August 10, 2004
3. PUBLIC HEARINGS
a) Amend 2020 Thoroughfare Plan included in the 2020 Comprehensive Plan (continued)
b) Conditional Use Permit - Farmington Lions - Public Information Signs at City Limits (continued)
Applicant: Farmington Lions
c) Amendment to the Parks 8: Trail Map
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Zoning Map Amendment - Rezone Property from A-1 (Agriculture) to R-1 (Low Density
Residential) - Parkview Ponds
Applicant: Manley Land Development
e) Parkview Ponds Preliminary Plat
Applicant: Manley Land Development
d)
f) Findings of Fact - Request for a Variance Regarding Fence Height in a Front Yard (continued)
Applicant: Ronald 8: Kathy Brunelle, 19615 Evensong Avenue, Farmington,
MN 55024
g) Amend Section 10-6-4 of the Zoning Code to include Commercial Vehicle
Parkiilg on Private Property in Residential Districts (continued)
h) Mattson Farm Preliminary Plat
Applicant: M. P. Investments
4. DISCUSSION
a) Garvey Concept Plan
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b) Next Planning Commission Meeting - Tuesday, September 28, 2004
ADJOURN
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO: City Planning Commission
FROM: Kevin Carroll, Community Development Director
SUBJECT: Thoroughfare Plan Amendment for the Area East of Akin Road
DATE: September 15, 2004
INTRODUCTION
The Farmington Planning Commission held a public hearing on Tuesday, July 13, 2004 for
consideration of a Thoroughfare Plan amendment for the area east of Akin Road and south of
195th Street. The Commission continued the public hearing until August 10, 2004 in order to
receive further input from affected property owners and the City's traffic engineer. The
traffic engineer, however, was unavailable for the August 10, 2004 Planning Commission
meeting. The public hearing was therefore continued to September 15, 2004.
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DISCUSSION
The City's Comprehensive Plan includes a Thoroughfare Plan that identifies future roadways
throughout the City. The Plan is an important component of planning for future growth in
order to determine regional connections between developments prior to individual plats being
submitted.
The current Thoroughfare Plan does not include any future roads in the general area east of
Akin Road, south of 195th Street, west of the railroad tracks, and north of 208th Street. Based
on the number of MUSA applications received, the City anticipates development in the area
beginning soon and continuing for many years. In fact, MUSA was recently approved by the
City Council for several properties located within the area in question. The anticipated
development has accelerated the need to amend the Thoroughfare Plan to include future
roads in the area prior to accepting development applications in order to ensure proper
connections.
An initial draft of a proposed Thoroughfare Plan Amendment (attached) was discussed at the
July 13th Planning Commission meeting. Since that time, staff discussions have resulted in a
revised draft (attached). Although the revisions will be explained by City staff in more detail
at Wednesday night's meeting, some of the main changes include the following:
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1.
The east-west connection to Akin Road at 198th Street that was initially proposed
has been eliminated (as a collector).
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2.
A major north/south collector, with a limited number of intersections and with no
driveway accesses, has been proposed for the area between Akin Road on the south
(just north of the bridge near 20Sth Street) and 195th Street on the north.
Thoroughfare revisions for certain areas north of 195th Street have been added.
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3.
Other aspects of the revised Thoroughfare Plan will be addressed during the staff
presentation at Wednesday night's meeting.
ACTION REQUESTED
Recommen approval of the proposed Thoroughfare Plan amendment.
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Recommended Thoroughfare Plan Amendments
Area East of Akin Road
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
FROM:
Kevin Carroll, Community Development Director
SUBJECT:
Lions Emblem Signs by Farmington Municipal Entrance Signs
DATE:
September 15, 2004
INTRODUCTION
The Farmington Lions have sought the City's permission to place their emblem signs at all
five (5) Farmington municipal entrance monument locations. This matter was considered
at the Planning Commission's meetings on July 13, 2004 and August 10, 2004. On each
such occasion, the matter was continued so that further research could be conducted.
DISCUSSION
Earlier Planning Commission memos on this topic were devoted primarily to MnDOT's
and Dakota County's policies, procedures and requirements related to the placement
of signs within their respective rights-of-way. City staff members and the members of
the Planning Commission now have a much clearer picture of what the State and the
County will and will not allow.
However, even if the requirements of MnDOT and Dakota County can be met with
regard to the proposed Lions signs, Section 10-6-3(C)(6) of the Farmington City Code
still currently provides that "no sign shall be upon or overhang any public right of
way." The City Code will have to be revised in a fashion that will allow certain types
of signs to be placed in the right-of-way under specified circumstances. At the
request of City staff, the City Attorney has drafted an Ordinance (see attached) that
is designed to accomplish that objective. If the Planning Commission finds the
proposed Ordinance to be acceptable, City staff will proceed to schedule the required
public hearing so that the Ordinance can ultimately be forwarded to the City Council
for its consideration.
The City Attorney has indicated that there are certain constitutional issues inherent in
allowing some types of signs to be placed in the right-of-way, while other types of
signs are prohibited. I have attached an explanatory memo that the City Attorney has
prepared regarding this subject. Although the attached Ordinance presents some
risks, I personally believe that the risks are outweighed by the many benefits of
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allowing local civic and fraternal organizations to promote their organizations through
the use of attractive and unobtrusive signage.
RECOMMENDATION
Authorize City staff to proceed with the preparation and publication of any notice(s) that
may be required in connection with a public hearing on the proposed Ordinance amending
the City Code regarding logo signs for civic and fraternal organizations.
e in Carroll
Community Development Director
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MEMORANDUM
TO:
Kevin Carroll
FROM:
Andrea Poehler
DATE:
9/10/2004
RE:
Farmington/right of way signs
Section 10-6-3(C)(6) prohibits signs on or over the public rights-of way except within B-2
districts where an overhang of 15" is possible. In amending this ordinance to allow signs within
the public right-of-way, the City must consider first amendment issues to avoid the adoption of
an unconstitutional provision.
First, an ordinance that specifically allows the council unlimited discretion in permitting or
excluding certain signs, with no standards, would allow the council by the terms of the ordinance
to act as an unchecked censor and the courts have squarely held that this is impermissible on its
face.
Second, there is an issue of whether and in what ways a City can distinguish between certain
types of speech, i.e., what are the legitimate grounds for allowing some signs while excluding
other signs. For example, some cities have adopted ordinances which seem to allow all signs
(subject to the council's discretion) except political signs on city rights-of-way. The only
conceivable interest in such a distinction is that the city seeks to avoid actual and perceived
favoritism among political candidates. Where cities have adopted similar exclusions, courts have
only upheld them where the regulation is the least restrictive means toward that interest. A court
might find that since not all right-of-ways carry a close connection between city and message,
there are many less restrictive ways of avoiding the appearance of favoritism than a blanket
prohibition impacting only political signs and applying to all public rights of way.
As a general matter, if a city allows certain commercial signs but does not allow non-commercial
signs, the ordinance will almost certainly be struck down. Similarly, if an ordinance
distinguishes among non-commercial signs, the regulation will also likely fail. The touchstone
for determining validity under the First Amendment is content neutrality. If the regulation
picks and chooses among messages, it is subject to strict scrutiny. If, on the other hand, the
regulation can be construed as a valid time, place and manner restriction, it will be subject to
a less exacting standard. For example, in the leading public property sign case, the Supreme
Court upheld a complete prohibition of signs posted on public property. City Council of the City
of Los Angeles v. Taxpayersfor Vincent, 466 U.S. 789 (1984). The challengers asserted that the
City's ordinance was unconstitutional as applied to political signs. The Court held that because
the prohibition did not distinguish either between commercial and non-commercial or among
non-commercial messages, the ordinance was content neutral. Further, the Court found that it
was narrowly tailored to serve the "weighty, essentially esthetic interest in proscribing intrusive
and unpleasant formats for expression." [d. at 806.
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In short, if the City opens the right of way to some speech, the proper means for regulating it are
generally time, place and manner restrictions rather than any sort of content-based distinction.
Thus, the City could require permits for signs in the right of way, limit the total number of sign
permits, restrict the time period for the signs (as it does now), and further limit the materials and
dimensions ofthe signs. Alternatively, the city could ban all signs from the right of way or, with
some additional risk, permit only non-commercial signs in the right of way.
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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
V:{J (...
FROM:
Randy Distad, Parks and Recreation Director
RE:
Comprehensive Plan Amendment Regarding Existing and Proposed Park, Trail and Open Space
Plan Map
DATE:
September 10,2004
INTRODUCTION
The City of Farmington amended its Comprehensive Plan earlier in 2004 related to the map identifying existing
and proposed parks, trails and open space. At that time the Existing Parks, Trails and Open Space Map was
amended as a new map titled Existing and Proposed Park, Trail and Open Space Plan Map (plan Map). The
main difference between the two maps was that the new Plan Map addressed the location and size of future
parks and the future location of trails and open space.
DISCUSSION
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The City of Farmington recently undertook a Metropolitan Urban Service Area (MUSA) review process that
examined, analyzed and in the end recommended properties to be included in MUSA. This MUSA designation
in turn allows development to occur on these properties should the property owner so desire. The City Council
at its August 16, 2004 approved MUSA designation for the properties that were recommended by the MUSA
Review Committee and Planning Commission.
Four properties currently located outside of the City's boundary were included in MUSA. In order to keep
current with potential future development on properties that were granted MUSA but are currently located
outside the City boundary, Park and Recreation Department staff and the Park and Recreation Advisory
Commission (PRAC) at its August 2004 meeting reviewed the Plan Map for identification of future trails and
parks on these properties. The amended Plan Map (Exhibit A) submitted with this memo indicates new trails and
parks that are being identified on the four properties that are currently outside the City boundaries but have been
granted MUSA. The four properties on the amended Plan Map that new trail and park locations have been
shown include the following (identified by last name of property owner): Garvey, Empey, Cahill/Rother and
Murphy(now owned by Tim Giles Construction). Since these properties still need to be annexed into the City it
seems to make sense to identify park and trail locations in the City's Comprehensive Plan as soon as possible
and preferably before annexation occurs.
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In addition to identifying new parks and trails on properties outside of the City boundary that received MUSA,
staff and PRAC members would also like to amend the location of a parks and trails within the City's boundary.
The first location is the Winkler and Devney properties located to the east of the East Farmington development.
The amended Plan Map identifies the park area being moved more to the northeast from where the current Plan
Map identifies it. Trails have also been expanded around the perimeter of both properties that will connect back
to the existing trail in the Prairie Waterway and future trail in the Bristol Square Development. Additional trails
are shown in the area south of Winkler and Devney properties and just east of the Prairie Waterway.
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The other recommended amendment to be made to the Plan Map concerns adding a trail on the west side of
Denmark Avenue. This trail was identified on the Spruce Street Area Master Plan but was not shown on the
Plan Map. Showing this trail alignment on the west side of Denmark on the Plan Map is being recommended so
that it matches the trail alignment identified in the Spruce Street Area Master Plan.
ACTION REOUESTED
Hold a public hearing to consider the amendments identified previously to the Existing and Proposed Park,
Trails and Open Space Plan Map and then recommend to the City Council to approve the amendments to the
Existing and Proposed Park, Trails and Open Space Plan Map.
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Randy DIstad
Parks and Recreation Director
cc: Park and Recreation Advisory Commission Members
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
\WV
Planning Commission i
FROM:
Lee Smick, AICP
City Planner
SUBJECT:
Zoning Map Amendment - Parkview Ponds
DATE:
September 15, 2003
INTRODUCTION
Manley Land Development is proposing to rezone Parkview Ponds from A-1
(Agriculture District) to R-1 (Low Density Residential District) located south of
195th Street and the Autumn Glen Subdivision and east of Akin Road. The
rezoning would be consistent with Farmington's 2020 Comprehensive Plan
shown as Restricted Development.
DISCUSSION
On May 6, 2002, the City Council approved the rezoning of the Parkview Ponds
area from C-1 (Conservation District) to A-1 (Agriculture District) because the
C-1 Zoning District designation was eliminated from the Zoning Map. As shown
on the attached zoning map, the subject property is currently zoned A-1
(Agriculture District). The property is shown in the 2020 Comprehensive Plan as
Restricted Development. This designation is defined as the following in the
2020 Comprehensive Plan:
"The restricted development land use designation on the eastern side of
the district relates to the vision of preserving natural areas, while
creating passive and active recreational areas and utilizing its location
as a central community gathering point between the northern and
southern sections of the City. The area may be utilized as a residential
golf course community, a multi-user trail system, a small lake or a
community center to provide recreational, social and residential
opportunities for the City."
It is further defined in the 2020 Comprehensive Plan policy statement:
"5) It is the policy of the City of Farmington to create new parks: a
'Farmington Community Green" connecting the northern and southern
sections of the City, new mini- and neighborhood parks.
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Strategies
* Create a Farmington "community green" in the central district of
the City where the City's natural assets can beautifully converge and
connect the northern, western and greater downtown areas of the City.
The community green will be a nature-influenced, activity node where
natural, residential and recreational uses dramatically combine to
provide distinctive residential opportunities, a variety of active and
passive recreational opportunities and a unique community gathering
place. This "community green" is predominantly natural. It will reflect
conservation of the City's natural assets, while providing sensitive design
of residential uses and opportunities for recreational uses by residents of
all ages and lifestyles.
* Create this community green to be an exciting convergence of
complementary land uses consisting of the following:
1. a high quality, market rate and high end, golf course or open
space residential community where nature and housing are harmoniously
woven together;
2. the hub of an extensive multi-user, "green" trail system linking all
parts of the City through the environmentally sensitive areas and the
river corridor;
3. a focal point of either a small lake with a community center, or a
golf course/open space conservation area with a community center;
surrounded by well-designed, high amenity housing;
4. active recreation opportunities-soccer and play fields and passive
open spaces."
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The 2020 Comprehensive Plan designates low density residential standards at
1.0 to 3.5 units per acre. Manley Land Development proposes 147 single-family
lots at 10,000 square feet or larger with a density of 1.67 acres, meeting the
policy and strategies of Farmington's 2020 Comprehensive Plan. Therefore,
staff recommends that Parkview Ponds be rezoned from A-1 (Agriculture
District) to R-1 (Low Density Residential District).
ACTION REQUESTED
Recommend approval of a Zoning Map Amendment re-designating Parkview
Ponds from A-1 (Agriculture District) to R-1 (Low Density Residential District)
and forward the recommendation to the City Council.
Respectfully Submitted,
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Lee Smick, AICP
City Planner
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
TO:
Planning Commission
(?10
FROM:
Lee Smick, AICP
City Planner
SUBJECT:
Parkview Ponds Preliminary Plat
DATE:
September 15, 2004
INTRODUCTION
Manley Land Development, Inc., has submitted Parkview Ponds Preliminary Plat for
review. The property is located south of 195th Street and east of Akin Road. Because
the Thoroughfare Plan is on a dual track with the review of Parkview Ponds and the
Thoroughfare Plan will be reviewed by the Planning Commission at the same meeting
as the preliminary plat, staff is recommending that Parkview Ponds be continued in
order to finalize the Thoroughfare Plan at the Planning Commission and the City
Council in case changes need to be made to the plat to incorporate the approved
Thoroughfare Plan. There are also additional engineering issues that need to be
resolved for the plat; therefore, staff is recommending the continuance in order for
the Developer to address these issues. However, the Developer would like to discuss
some of the issues with the Planning Commission to receive direction on issues from
the Commissioners.
DISCUSSION
The subject property is zoned A-1 (Agriculture) and is proposed for rezoning to R-1
Low Density Residential at this meeting. The property is currently designated
Restricted Development in the Comprehensive Plan. The property was recently
approved for MUSA by the City Council on July 19, 2004.
Issues to Discuss
Transportation
Embers Avenue
The preliminary plat shows a connection to 195th Street at Embers Avenue. The
extension of Embers Avenue into the property is shown as a minor collector as
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identified on the proposed Thoroughfare Plan. John Powers, the Fire Marshal has
required a temporary cul-de-sac at the eastern terminus point of Embers Avenue in
order for the turnaround of emergency vehicles.
North/South Collector
As will also be discussed during the Thoroughfare Plan presentation at this meeting, a
north/south collector is envisioned either on the Parkview Ponds property or the
Murphy/Giles property to the east. Additional discussions concerning the location of
that north/south corridor will occur during the Thoroughfare Plan presentation and
may affect this plat by being partially or entirely located on the Parkview Ponds
property. If the Thoroughfare Plan that is eventually adopted shows the north/south
roadway entirely on the Murphy/Giles property, an additional temporary access from
the easterly cul-de-sac to 195th Street will need to be constructed in order to provide
a second access to the property. Further discussions concerning this temporary
access will come at a later Planning Commission meeting, once the Thoroughfare Plan
has been finalized.
198th Street Connection
As will be discussed during the presentation of the revised Thoroughfare Plan, 198th
Street will no longer be shown as a minor collector (east of Akin Road). Because of
the large expanse of wetlands and slopes to the west of the Parkview Ponds plat, staff
has determined that this connection would be difficult to achieve. However, staff is
requesting that the access to the west from Embers Avenue continue to be shown as
right-of-way so that a local street (i.e., not a collector street) could potentially be
constructed in this area if warranted by future traffic volumes. Staff has suggested
that the Developer plat an 85-foot right-of-way, so that the right-of-way area can
accommodate a standard 75-foot residential lot and a 10-foot trail easement if it is
later decided that a roadway connection between Embers Avenue and Akin Road (at
its intersection with 198th Street) will never be required.
Southerly Access
John Powers, the City's Fire Marshal, has stated that the approximately 1,380 foot
proposed roadway from the intersection of Embers Avenue to the southern property
line needs to have an emergency access associated with it due to the length of the
proposed street. The Fire Marshal has suggested that emergency vehicles
temporarily utilize the farm road that abuts the southern property of Parkview Ponds.
The farm road is shown on the attached map. As illustrated, the farm road is partly
owned by the City of Farmington and Bernard Murphy. The Developer would be
required to obtain access agreements for the emergency vehicles and in addition,
improve the farm road by laying rock and clearing branches from the roadway in order
for the farm road to be available to emergency vehicles. It is important to note that
the farm road would not be utilized by construction vehicles or residents of Parkview
Ponds.
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Parks and Trails
The Parks and Recreation Advisory Commission will be in attendance at the Planning
Commission meeting to address any comments that the Commissioners or the
Developer may have concerning the plat. On July 13, 2004, the concept plan for
Parkview Ponds was reviewed by the Planning Commission. Included in the packet
received by the Commissioners was a memo from Randy Distad, Parks and Recreation
Director, regarding comments about the proposed 4.3 acre park and trails. His
comments from that meeting are attached to this report. Additionally, the Parks and
Recreation Director has attached a revised trails plan identifying trails required on
the Trail Master Plan, sidewalks, additional trails that would be paid for by the Parks
and Recreation fund because they are not a part of the Trail Master Plan but are
critical for improved circulation to required trails, and the future 195th Street trail
that will be installed by the County when 195th Street is expanded to a 4-lane
undivided roadway. The Developer has requested that the Planning Commission
comment on the trail plan and identify any problems that may be foreseen with the
proposed trails located behind homes along the ponding areas.
ACTION REQUESTED
Continue the public hearing for the Parkview Ponds Preliminary Plat and provide
comments to the Developer concerning the issues above.
Respectfully submitted,
Lee Smick, AICP
City Planner
cc: Manley Land Development
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.c:i.farmington.mn.us
TO:
Farmington Planning Commission
FROM:
Randy Distad, Parks and Recreation Director
RE:
Comments on Manley Development's Parkview Ponds Conceptual Development Plan
DATE:
July 9, 2004
INTRODUCTION
Manley Development, Inc. has submitted a conceptual development plan for Parkview Ponds a new
development consisting of just under 90 acres of land.
DISCUSSION
The following concerns are being raised in regards to the Parkview Ponds Conceptual Development Plan:
1. While there are trails shown along the boulevards of what appears to be two collector streets, the City's Trail
Master Plan identifies trails in other locations of this development. I have included in your packet a concept
plan that highlights four things: developer proposed trail routes, Trail Master Plan route, staff proposed trail
routes and additional trails proposed. The reason for staff proposing its routes from what the developer has
shown, is so that trails are not located in the boulevard, which offers little scenic value but rather moves them to
locations that provide a scenic route along water and wetlands while permitting the connection to a new City
park shown in the plan.
2. The park area shown is 4.3 acres in size and is shown in the correct location that is identified in the City's
revised Existing and Proposed Parks, Trails and Open Space Plan Map, however a park approximately six acres
in size was identified in this location. In this development, it was proposed on the revised Existing and
Proposed Parks, Trails and Open Space Plan Map to require the developer to dedicate all land and no cash in
lieu ofland because it was seen as an opportunity to assemble a parcel of park land from this development and a
parcel of park land in the adjacent Bernard Murphy property to create a 35 acre park that could be used to build
an athletic complex. While the Parks and Recreation Director has discussed this shortage of 1.7 acres of park
land with the developer and it has been communicated to the developer that the City is willing to work with the
developer on the park dedication land requirements, the Park and Recreation Advisory Commission (PRAC) has
not yet had the opportunity to review the conceptual development plan but will be reviewing it on Wednesday,
July 14th.
ACTION REOUESTED
No action is being requested. This memo is for informational purposes only. Once the PRAC has had the
opportunity to review this conceptual development plan, the Parks and Recreation Director will seek direction
from the Commission regarding how much land versus cash in lieu of land they desire
~lJGl~
~a~
Parks and Recn::ation Director
cc: Park and Recreation Advisory Commission Members
.
.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
~~v
FROM:
Jim Atkinson
Assistant City Planner
SUBJECT:
Findings of Fact for Variance Denial - Ronald and Kathy Brunelle
DATE:
September 15, 2004
INTRODUCTION
Mr. and Mrs. Brunelle applied for a variance from the maximum height requirement
for fences. The Planning Commission held a public hearing on August 10, 2004 and
unanimously denied the variance.
DISCUSSION
After action was taken on the variance, the Planning Commission directed staff to
prepare findings of fact, which outlines the basis for the denial. The findings of fact
are attached to this memo.
ACTION REQUESTED
Approve the findings of fact.
Respectfully submitted,
Qv-~
Jim Atkinson
Assistant City Planner
.
.
.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
IN RE:
Application of Ronald and Kathy Brunelle
For a Variance to the Maximum Height
Requirement for Fences Located in a Front Yard
FINDINGS OF FACT
AND DECISION
On August 10, 2004, the Farmington Planning Commission met to consider the application
of Ronald and Kathy Brunelle for a variance to the maximum height requirement for fences. The
applicant was present and the Planning Commission heard testimony from all interested persons
wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is located 19615 Evensong Avenue and is zoned R-I-PUD (Single-
Family Planned Unit Development).
2. According to the City Code, the maximum height for fences located in a front yard is
four (4) feet.
3
The applicants have constructed a fence in their front yard that is eight (8) feet in
height at its tallest point, which is four (4) feet greater than the maximum allowed.
4. The City requires that the maximum fence height be in compliance with the City
Code if a hardship is not determined.
5. In granting a variance, the following findings are required:
(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 west lot line of the subject property is adjacent to the neighbor's driveway
and a commercial van is typically parked on the driveway. The van, and the
area in which the van is parked, are not in violation of any City Code. The
applicant's property is regularly shaped and similar in size and width to other
properties in the same vicinity. For these reasons, a hardship does not exist.
(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.
61335
1
.
.
.
The location of the neighbor's driveway in relation to the applicant's property
and the presence of a commercial van on the neighbor's driveway are not
unique to the subject property.
(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 alleged hardship has been created by the applicant's desire to screen the
neighbor's driveway.
(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 additional height alters the appearance of the neighborhood as viewed
from Evensong Avenue and Everest Path.
(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.
A hardship is not present.
DECISION
Applicant's request for a variance to the maximum height requirement for fences in a front yard is
denied.
CITY OF FARMINGTON
BY:
Planning Chair
ATTEST:
Its Administrator
61335
2
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
11fC-
FROM: Tina Schwanz
Planning Intern
SUBJECT: Amend Sections 10-2-1 and 10-6-4 of the Zoning Code to Regulate
Commercial Vehicle Parking in Residential Districts
DATE: September 15,2004
INTRODUCTION
Staff proposes to amend Section 10-6-4 of the City Code to include regulations regarding
commercial vehicle parking in residential districts. The current City Code does not
address commercial vehicles and staff would like to specify which types of commercial
vehicles are appropriate on private property in residential districts.
~ BACKGROUND
.
Based on complaints staff has received there is a need to determine what types of
commercial vehicles mayor may not be permitted to park on private property in
residential districts. After reviewing several other city codes that regulate commercial
vehicle parking in residential districts, staff decided to classify commercial vehicles into
two different categories. The categories are: Class I - regulated by gross vehicle weight,
and Class II - all commercial vehicles other than Class I commercial vehicles. The reason
for separating commercial vehicles into two categories is to enable the City to limit the
circumstances under which larger or visually obtrusive vehicles [Class I] can be parked in
residential areas, while allowing smaller or more common trucks and vans to be parked at
residents' homes.
DISCUSSION
On July 13, the Planning Commission continued the public hearing of sections 10-2-1 and
10-6-4 of the Zoning Code to allow staff additional time to research issues related to the
regulation of commercial vehicles in residential districts. One of the items identified for
further research was the weight classification cutoff for the Class I commercial vehicle
definition. The proposed Ordinance stated that vehicles with a gross weight of ten
thousand (10,000) pounds or more would normally not be allowed to park on private
property in residential districts. The Commission felt this weight to be too restrictive and
directed that more research be completed.
On August 10, staff recommended to the Planning Commission that the threshold for Class
I commercial vehicles be raised from 10,000 pounds to 21,000 pounds gross vehicle
weight. The Planning Commission, after viewing sample pictures of different weight
.
.
.
classes, decided that the proposed cutoff weight of twenty-one thousand (21,000) pounds
might be too high. Planning Commission members discussed the possibility of lowering
the cutoff weight to eighteen thousand (18,000) pounds.
The Planning Commission continued the public hearing to allow staff additional time to
address the following concerns:
1. Would commercial vehicles that are presently located on residential property be
allowed to remain even if they do not comply with the new commercial vehicle
ordinance?
The position of City staff is that the new Ordinance should be enforced with regard
to any vehicles that are not in compliance with the Ordinance on or after its
effective date. The City attorney agrees with this position.
2. How is a combination unit's (vehicle and trailer) gross vehicle weight determined?
The staff recommendation is that (at least initially) the individual weight ratings of
a motorized vehicle and its trailer not be combined for purposes of the proposed
Ordinance. This initial position can be reviewed and modified later if it proves to
be problematic.
ACTION REQUESTED
Recommend approval of the proposed (attached) Ordinance amending Title 10, Chapters
2 and 6 of the Farmington City Code, concerning off-street parking of commercial
vehicles.
Respectfully Submitted,
Tina Schwanz
Planning Intern
.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 10, CHAPTERS 2 AND 6
OF THE FARMINGTON CITY CODE, THE CITY'S ZONING ORDINANCE,
CONCERNING OFF-STREET PARKING OF COMMERCIAL VEHICLES
THE CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA ORDAINS:
SECTION 1. Section 10-2-1 of the Farmington City Code is amended to add a
definition of "Commercial Vehicle" to read as follows:
.
COMMERCIAL VEHICLE: Any vehicle used for commercial purposes including but
not limited to: trailers, motorized wheeled or tracked vehicles or vehicles displaying
company signage, company logos, commercial equipment, fixtures or tools.
CLASS I: Vehicles with a gross vehicle weight rating (GVWR) of more than
eighteen thousand (18,000) pounds, or any of the following types of vehicles
regardless of weight, including but not limited to: semi-trailers, the tractor portion
of semi-trucks, garbage trucks, tank trucks, dump trucks, flatbed trucks, tow
trucks, cattle trucks, coach buses or school buses designed to carry more than
twenty (20) persons or any similar vehicle.
CLASS II: All vehicles other than class I commercial vehicles including pickup
trucks, vans, trailers and school buses designed to carry twenty (20) persons or
less.
SECTION 2. Section 10-6-4 of the Farmington City Code is hereby amended by
adding the following provision as a new subsection Nand re-alphabetizing the existing
subsections N-P as subsections O-Q:
(N) Commercial Vehicle Parking On Residential Property: No commercial vehicles
or contracting or excavating equipment may be parked, stored or otherwise
located on any residential lot within the City except as provided herein:
1. Class I Commercial Vehicles:
a) Class I commercial vehicles may be parked or stored on a residential
lot with a minimum lot size of two and one-half (2 112) acres. The
commercial vehicle must be entirely screened from neighboring residential
property with a one hundred percent (100 %) opaque screen consisting of
wooden fencing, landscaping, berms or a combination of the foregoing. A
commercial vehicle shall not be parked or stored within one hundred fifty
feet (150') of any neighboring residential dwelling unit.
.
.
b) Class I commercial vehicles may be parked on a residential lot when
loading, unloading, rendering a temporary service benefiting the premises
or providing emergency services.
2.
Class IT Commercial Vehicles:
Class IT commercial vehicles may be parked on a residential lot if used as
the resident's primary form of transportation to the resident's job or if
associated with a permitted home business.
3. A Class I or Class II school bus may be parked on a residential lot
(Monday-Friday) between the hours of 8:30 a.m. and 5 p.m.
SECTION 3. Effective Date. This ordinance shall take effect immediately upon
its passage and publication.
ADOPTED this _ day of
of Farmington.
, 2004, by the City Council of the City
CITY OF FARMINGTON
(SEAL)
Gerald G. Ristow, Mayor
.
ATTEST:
David Urbia, City Administrator
Approved as to form the
day of
,2004.
City Attorney
Published in the Farmington Independent the _ day of
,2004.
.
.
.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
Planning Commission y~0
FROM:
Lee Smick, AICP
City Planner
SUBJECT:
Mattson Farm Preliminary Plat
DATE:
September 15, 2004
INTRODUCTION/DISCUSSION
The Developer, M. P. Investments, is continuing to finalize their Wetland Alteration
Permit and address engineering comments. A revised plat needs to be submitted by
the developer showing a pond on the site and a grading plan that will meet the
requirements of the NPDES permit governed by the MPCA. Therefore, staff is
recommending that the Planning Commission continue the public hearing for the
Mattson Farm Property.
ACTION REQUESTED
Staff recommends a continuance of the Mattson Farm Preliminary Plat in order for the
Developer to finalize their Wetland Alteration Permit and resubmit a plat showing a
pond on the site and a grading plan that will meet the requirements of the NPDES
permit governed by the MPCA.
R~:P~..tf lly sUbmit.t."ed'
~~
Lee Smick, AICP
City Planner
cc: M. P. Investments
.
.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
\I!<V
FROM:
Jim Atkinson
Assistant City Planner
SUBJECT:
Garvey Property Commercial Concept Plan Review
Empey Property Residential Concept Plan Review
DATE:
September 15, 2004
INTRODUCTION
Mr. Colin Garvey has submitted concept plans for the proposed commercial and
residential development located south of Highway 50 and east of Highway 3. The
commercial project is located on Mr. Garvey's property adjacent to Canton Court and
south of Highway 50. The residential property owned by Ms. Empey is located to the
south of the Garvey property adjacent to 225th Street (see attached Exhibit "A"). Mr.
Garvey will be the developer on both properties. 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.
DISCUSSION
Annexation
The Garvey property is located in an orderly annexation area established by a joint
powers agreement between the City of Farmington and Castle Rock Township
regarding the Ash Street improvement project. Properties in the orderly annexation
area are required to petition for annexation by joint resolution. The City Council
approved the joint resolution for the Garvey property on September 7, 2004. The
joint resolution will be on the agenda for the next meeting of the Castle Rock Town
Board on or about September 14, 2004.
The Empey property is not located in the orderly annexation area and therefore must
be annexed by ordinance. The City Council approved the annexation ordinance for the
Empey property at its meeting on September 7, 2004.
Metropolitan Urban Service Area
Land cannot be developed within the City of Farmington unless it lies within the
Metropolitan Urban Service Area (MUSA). Municipal sewer services cannot be
.
.
.
extended to any area that is outside of the MUSA. Subject to subsequent approval by
the Metropolitan Council, the Farmington City Council decides which parcels of land
in Farmington will or will not be included within Farmington's portion of the Met
Council's Metropolitan Urban Service Area.
The City Council, on August 16, 2004, approved MUSA for both areas contingent upon
annexation into the City. Since both properties have been annexed, the properties are
now considered to have MUSA.
Zoning
The City Code regulates the zoning classification of a property upon annexation:
10-4-3: ANNEXATION AND DESIGNATION 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)
Both properties will be zoned A-1 (Agriculture) upon the finalization of the annexation
process and will need to be rezoned prior to preliminary plat approval. Based on the
proposed land uses, it seems that an R-1 (single-family residential) zoning
classification would be appropriate for the Empey property and a B-3 (heavy business)
classification would be appropriate for the Garvey property.
Comprehensive Plan
The properties do not currently have a Comprehensive Plan land use designation. A
Plan amendment is necessary and could be processed concurrently with the
preliminary plat. Based on the proposed land uses, it seems that a Low Density
Residential designation would be appropriate for the Empey property and a Business
designation would be appropriate for the Garvey property.
Garvey Property
As shown on the attached Exhibit liB", seven (7) new commercial lots would be
created on the west side of Canton Court. The new lots range in size from 2.32 acres
to 5.03 acres. The majority of the new lots would gain access from a proposed cul-de-
sac that would extend to the west from Canton Court. The four (4) lots shown on the
east side of Canton Court currently exist. The types of businesses proposed would be
similar to those allowed in the City's B-3 (Heavy Business) Zoning District.
Jurisdictional issues related to Canton Court will have to be addressed at some point.
Although most or all of Canton Court will apparently remain within Castle Rock
Township, it will connect with a new street that will be entirely within the City.
Empey Property
As shown on attached Exhibit "C", ninety-six (96) single-family residential lots are
proposed. The lots range in size from 10,000 square feet on the west side of the
property to 15,000 square feet on the east side. Three (3) access points are shown
along 225th Street. Staff has recommended that an additional access be provided to
.
.
.
the Tollefson property adjacent to the northwest portion of the Empey Property. The
Tollefson property has recently received MUSA and is zoned R-4 (Medium/High Density
Residential) which allows townhomes.
Parks and Trails
There are no parks or trails currently shown on the concept plans. Mr. Garvey has met
with staff to discuss options regarding parks and trails. The area adjacent to the
wetland located on the Empey property may be an appropriate location for a park.
Another option discussed was to accept payment-in-lieu-of park dedication and create
a larger park to the east of the Empey property when it develops. Staff will continue
to work with Mr. Garvey on this issue as the preliminary plat is prepared.
ACTION REQUESTED
Provide comments to the applicant and to City Staff regarding the concept plans in
question.
Respectfully submitted,
c~~}~ ~-
Jim Atkinson
Assistant City Planner
cc: Castle Rock Township
Exhibit ItAIt
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