Loading...
HomeMy WebLinkAbout10.12.04 Planning Packet ";i> -~~:--~--..."..,--- ~~ -..-' " City of Farmington 325 Oak Street Farmington, MN'S5024 . A Proud Past - A Promising ture Committed to Providing High Q! allty, Timely and Responsive Service 0 All Of Our Customers AGENDA PLANNING COMMISSION MEETING' October 12, 2004 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) September 28, 2004 3. PUBLIC HEARINGS '. a) Kwik Trip - Amendment to the Dakota County Estates 3rd Addition PUD.Agreeme t Applicant: Convenience Store Investments b) Zoning Map and Comprehensive Plan Amendment - Farmington Business Park Applicant: Colin Garvey c) Farmington Business Park Preliminary Plat Applicant: Colfn Garvey d) \ " Ordinance Amending Title 10 Chapter 6 by Adding Section 10-6-3(B)(1) subd. (t logO Signs for Civic and Fraternal Organizations ' e) Parkview Ponds Preliminary Plat (can't) Applicant: Manley Land Development 4. DISCUSSION a) None 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 11 c..- FROM: Lee Smick, AICP City Planner SUBJECT: Kwik Trip - Amendment to the PUD Agreement DATE: October 12, 2004 INTRODUCTION The developer, Convenience Store Investments (Kwik Trip), is seeking an approval of an Amendment to Dakota County Estates 3rdAddition PUD Agreement to construct a 4,824.5 square-foot convenience store building with gas service on Lot 1, Block 1 of the Dakota County Estates 3rd Addition (Exhibit A). DISCUSSION Proposed Development The developer proposes to demolish the existing shopping center and convenience store/gas station on the property. The existing shopping center and convenience store/gas station was part of an original PUD Agreement for the Dakota County Estates 3rd Addition (Exhibit B). The original PUD Agreement needs to be revised to allow for the removal of the shopping center and construction of a new convenience store / gas station on the site (Exhibit C). Property Description The property is located directly north of Upper 183rd Street and is situated between Pilot Knob Road and English Ave. The property is surrounded by townhomes and single-family residential to the east, commercial currently under construction to the south, and multi- family residential (Cameron Woods) and single-family to the west. The proposed building would contain a total of 4,824.5 square feet of convenience store space. No car wash would be associated with the project. Allowable Uses/ Conditional Uses Under the PUD agreement the below listed land uses would be permitted within the commercial development. Any other land uses not specified within the PUD Agreement . but listed within the B-1 (Limited Business) Zoning District must seek a Conditional Use Permit to be approved by the Planning Commission and the City Council. Any other uses not currently listed in either the PUD Agreement or within the B-1 zoning district must seek a PUD Agreement amendment andlor amendment to the B-1 zoning district. a. Convenience Store with Gas Site Design The total site area is 75,061 square feet. The proposed building will face north. The rear of the building will face Upper 183rd Street and the new retail building currently under construction south of Upper 183rd Street. The Developers propose to remove the existing shopping center and convenience store with gas in order to make room for a new Kwik Trip building. The maximum lot coverage is 25%; the developer proposes 6% lot coverage with the building. The building setbacks meet all of the requirements of the zoning code, including a 50-foot setback from Pilot Knob Road, and a 30-foot setback from English Avenue and Upper 183rd Street. The trash enclosure is proposed for the rear of the building. A sidewalk is required along the west side of English Avenue to connect with sidewalks to the south along the west side of the roadway. Building Design . The developer is proposing architectural treatments including a predominantly brick exterior with a glass storefront near the entrance, two complementary colors of brick (tan and red), tan stucco, and laminated black shingles make up the architectural treatments of the building (Exhibit D). Floor Plan The floor plan shows a typical convenience store layout with cooler units towards the rear of the store, display areas in the central portion of the floor plan, and the cashier's area towards the west side of the floor plan (Exhibit A). Parking Loti Access The City Code requires 32 standard parking spaces equaling 1 space per 200 square feet of retail use. The developer proposes a total of 34 standard parking stalls including 2 handicap stalls. Vehicular access for the development will be one access from Upper 183rd Street and two accesses from English Avenue. The accesses are the original accesses that were approved in the PUD approved January 30, 1986. Lighting . The developer is proposing four (4) light standards positioned around the parking lot. Two (2) of the standards are located along the parking lot perimeter on the north side of the 2 . . . site, and two (2) standards are located along the parking lot perimeter on the southeast corner of the site. The standards will be "shoe box" design with the lighting directed downward to minimize spill as shown on the attached photometric site plan (Exhibit E). The developer is also proposing lighting fixtures along the building. Additionally, the developer proposes lighting under the gas island canopy for lighting the gas pumps. The photometric plan shows that lighting will not extend beyond the boundaries of the site. Landscaping City Code requires a mmlmum of 10% landscape area within the B-1 zoning district (Section 10-6-14 (E) 5). The developer is proposing a total green area of 32% of the site (Exhibit F). The developer is proposing a number of evergreens along English Avenue in order to provide screening for the residents living on the east side of English Ave. The area will contain 18 Austrian Pine. The developer also shows Pin Oaks along English Avenue. These are not an allowable street tree and will need to be revised. The developer also shows the remainder of the perimeter of the site to include both deciduous trees and both deciduous and evergreen shrubs. The developer proposes to sod the perimeter of the parking lot. Wood chips will be installed surrounding all planting beds. All landscaped areas and planting beds will be installed with an automatic sprinkler system. Trash Enclosure A trash enclosure approximately 19' wide x 17' deep is proposed along the rear of the building. The developer proposes an external wood fence surrounding the trash enclosure with gates. However, staff suggests that the developer install similar material as the building (brick) around three sides of the trash enclosure to meet the requirement that the Farmington Gateway Shopping Center and the Farmington Marketplace met by installing brick on three sides of their trash enclosures. Signage The developer is proposing wall, pylon, and gas island canopy signage as part of the project. The City Sign Ordinance allows a maximum 10% of wall signage when both wall and pylon signage are proposed. Based on this formula a maximum of 200 square feet of wall signage would be permitted for the building and the canopy. One (1) 116.78 square foot pylon sign is proposed to be located at the northwest corner of the lot (Exhibit G). The height of the proposed sign will be twenty-three feet (23'). The sign materials include aluminum cabinets with fluorescent lamps located inside of the cabinets. The gasoline prices will be lighted with LCD lighting. Brick columns will be provided on each side of the pylon. 3 . The developer is seeking a modification to the minimum fifty (50) foot front yard setback requirement by placing the pylon sign twenty (20) feet from the right-of-way easement. This would be a deviation of forty (30) feet. The Planning Commission approved the same requirements with the Farmington Marketplace PUD and the Farmington Gateway Shopping Center PUD. The developer is required to apply for a sign permit for each of the signs they propose. Engineering Comments The Engineering Department has forwarded comments to the developer concerning engineering issues that need to be addressed at the construction phase of the project. The Engineering Department recommends approval of the site plan. ACTION REQUESTED Recommend approval of the attached Amendment to the Planned Unit Development Agreement of the Dakota County Estates 3rd Addition for the Kwik Trip project located on Lot 1, Block 1, Dakota County Estates 3rd Addition with the following noted modifications to the minimum requirements of the City Code and forward the Amendment to the City Council: . Noted Modifications: 1. The Pin Oaks need to be revised to show allowable street trees as per Section 10-6- 10 (F). 2. A sidewalk needs to be installed on the west side of English Avenue. 3. Provide similar material (brick) on three sides of the trash enclosure. Ie Lee Smick, AICP City Planner Cc: Hans Zietlow, Convenience Store Investments, Inc. File . 4 . . . --.?-c _~~ \<~_A e, ,::-.Jl R = 00 G::fj 0-i Ii ~) fr, '::::J <to !~ p~ i'. t l; Ll I" ~~ I 1fLOS3NNIW 'NOL::JNIW~"~ "M "LS t9~ ~3ddn 'i ~t AMH "UN::! en,-:- W;;., L-..t":: ~".';: ,.... :;~: en,:.:; Z~:: ~Iii:: 3H01S 3::>N3IN3^NO::> N'lfld 311S AII'lfNIWI13I1d L- J gfl~ z_1 .l.33~S PJE91l:13ddn "MU -.. \ \ \ \ \ EXfl/15fT A DL11~ ~11111liH1J Uh i , ~~ ~ ~L:~ ~ ~ si~i . lU ~ ;1 ~ . L ~. 11;' ~ g" ~ i . i ..:1 "h. .n · I iU'~ I>~' 'n I ~ . ~I d~1 L. e;~ ! ~B % ~. i!H. iI~ !:~ !iW:i1 ..e .1I~";~" ~ II! um ~i ; i5i~ l!ii~ :1 L ~.~. <.,~" ~. ! ~ ~~~. ;!i<.. .i L I ~.' ~';.~ ~. . II ~.~i gi~I~~~i i L ; ~I=i l~haH~ 2 . !~~~ .h:!;~l Ii ~ ib !iI~.~;~~" . . .J! "uh8u:;. l ~ ~ . l i . ~ ~ i I I "In. ~ p ~ l 'II;~ L . ~ i : : i ;. i It\- .s :; Sf ,. : ; . . I ~ii.!. ~.;; . i ~ .~. f. : ~ . 3s. j i . ~d If; I l d i ~ i1 ~ S . ~ ~~ 8 I !51' ;iH q:!! i'! ;i~. ~ =1 ; I ~ !~ f l~n : hi! . I'll -1-. i I' · a 5E i . f~' Ii i !; g h < ~ ..; .< . u . ! i i I J ! J I - " ~ j. I ;' t .!.. ~ Ii. 'i i .' e i : i; r ~!'. ; ! h iq d P , Iii ,j!!! ~ u.! ~ !'. 1"1 ~~. ..". I I~ IH!q~ !~ ~ ! ~ ~ It, I.~t.. ~~ , i ". l 0; ." -. . . 3 . . <a!~ !H ~~ h j . , i j k...1IJAii:e <lie \.:1 !i 10 ;: ;, ~ ~I \\ -== ' , ~ I ~ ;1 ,~~ ~ I ~ /}=t, ~ 0.11 ~ ' ,) , ...... ................................. ....... ..............................,1.................. ......... ............. .. ...... ...... \ / \ I ; ; E g E g g S I: ,. t: ,- ,- I: E ~ S g ): I ~-j . II' N '" . ----\---~._-"\ \. 1 III \j 1\ I I : 'j1J ~ ----- of' .Q -- . 1 \ I I --~-...j t . ( 1 t \ f7 \ \ \\ \ ) , \';9 \ '\-;;: " '\ '''\\ " \ " \\ C) Z - a.. Ia. I~ I(/), !, l~_ I L;=:.-- -- -I I , i l ~--l j \",,-j: i.1 ._..,,/ ~ \ U ~.O g~- \ \ , i >~ "-,,--,/ F: ) -I : J ;' .... =! _I -" :r EXHIBlrB - N ~, ce , ~~ \J(t .t ~ (\ , -"""'~ "- z 0 - I- - Q C ct C a: - :E: e I- ~ ..J ... ..J en <C u W ii: ~ JJ J~~-:'...:: !~: ~ :~ 2 "'" ... . . _.'.~,~i, ~i:i~~~~ ~:~ ~'"~;:.;~;' ;~: :,i.J ..~~;..a ~ - li~ ;ir~!::; . i~~ j~~ i:~t:;;::: ~~!; at .)... .J'~".' <1.0- ~.:_;:':!, ~;:~,,~~:r7) :1:: .:. .. (~"e~..; o.~: G~:;i~r;;~ ~ ?:04 ~ _ ~.:; >>~( . ~:: ~ 4L_.olI..C"_ ,-,. ."", ~:i:~~:;:~i~"; ~~'~ ~ 'i2~~ !;~J3~!ai~la~~ .: .. """.. l. e. q ~ . ._ .~:i;,:t~l::i~-; t~~a tr .. .... .: .,., v .."... .. _ " u C~~Q!~:~~T~~": ~!;: ~r~s.:':'!~.:~~:;'~ (l1.'~O .. ., ..,.1 ...,,, ., c ... i~}li~:tE~~:~i ;~~~ ~~~~O~~i~t:i- Eli! ~~};::.i~i;~:.: z .....~~Q,..~ ~. ~:I~ ~~~i~:;i:ll~~I :;:j :i:~ ~~;;t~~ii"~:~~ :::!I.. .,Jt.O:;:.~ ,~.~ !. li ~ ~ fa ';,~.. ( " ~ : ;i : ; ; J .Lt.~ ;Jc...:'::~..:~., .0 1.!.~::::...i:~~,:" 6l;.. ~~~i~~o~:..2.a; ~:ii ,";~.J..!'''t L!!~ rL~C ~=..~!o~J~.~:.: lit U,,~!:!.tj~.~!: ~~~j .J. ...,,_ >> . . t: . ') 'tCilI>..J."'.- ~~;~ ~ili~!!~!l~!ii ~I- - - -F'oo,.. ~ ......., ... il .'. ;: - _:- ..-- ;J .1 ~ ~:~ . " . . 1. :} j'f ,,! < o . ~ , - ~ !~J' ~ '. i ~, . . , . " ~ ;~ : : ;~~ . i ; ;! ~-i'j .. 9 " :~ <'f ., ; ; :1 i~ !:" of: 3~::- ... c. I . .! ~ ~:c " ;i;~ , ., ;;: ~ , .. ~ 0 . ; "..1 1 ~ .:; ( ).- "' .. - ~, , . ~ , " J : 1iL~ ~1fj . ..,..,:;.. .. d'; , .~' ~ ;E: -:t:i ' ~. 'ti~ ; !~;~ ~-: : ~ ~'-:. ~;~!: ~ :~~: !; ,,": ; ~ ~ .. .~ p.. '"n ~~;~ i~n ") 1.. ~ .....;. - ~ .. ~ . '~ :~~: . - j~H r-:1 z.,;. ,;:f"! -;:~~~:.-. ::~I; i :~:: 1! 'W" i~~L ~ ~; rl. \,,%\.~c: ~ :; '. ~~. ~: ~ .= <: :~:i '. ),W."I i~,. e~~~,: \0. .. <oJ; "011 . 1.. C ...0 C"".O~ ~~!~ ~~u; ..~ ~ -A;i: ~n 0 u;~J ; . e. o Z ~. ~ ;'~ 1~- 'N., '~.: :~ ~f :.: ~. ~.: ~: ~~ : .... c. " ~; < ~:~.. ~~: "~; ~ ~ ~:I :1 i : \1 ~ -j: - ~ I~, FJ~;1 :1 r- i' <?l "j "') . ; :J' .,.,; :.~ -. ~_'o' . o' '. '" , .' . . : ~ , I . .. : I ..' .~ ~'f...~ , .' ., . ~( J' , ., . , ., .. ,. . -. ; ~-: ~ ; , . n~.''''1> ' (. )t'i to \III "',.. IHt N ...,.., ).4t J\J l J1J ()fl'.l1 ..~J""'.a 10 ~1.aS.")_ ;Z Ol: ..... '" I j O. \ (:0 , ')l\,:'li I ....J.~OH 00 Ol~ or' Y.lOl 9 ,b"no (;., ~"a:1 r-------QO~ll......__ .;.~ I M",tC~ :-1 ;: I ...j ,,; a I -.~~~ 1 ~. I ;;l (~l'" ~ ~', ~'J :- I ~~ I rJ ~ I ~) = : >-..... - J 0 I I t: ......,,~! I J :-j;._.- ~,~~ :8 ;3 ~:~ ~::,~., ~ II ..~/ ~~ I I .~/ :iz I : B ~1I' I / ~ ~..; ~~2 : ..... -.. \ I !CI:I .-_L o ~ c( C I- o -' .. ~~ '. i 0 lw ::: g ,~..""~ l~ ~ ! ~ ~t: IJ'l '"- ~Ia. :~ : ~ i~ li~ : I: I I;' \1'i ': O( ,; : I.hl - ~1~P' t; ~ a' j';.w~ ;.: .,g~1 ~'" 1~: ~~.: J .. '010 1,. '.- ",',;'" :'" I:" - - --- _~-'...o ~61";:" ________1 I , I I I I I , , ~ :3 ':; ~.. 0 ,;; ~~ f~' ~5' ...\ ~ I- U 0 0 ....J I -' CD I Z I j '.,. :'!~ l- 'w j j'; ~ " .. ,., C\I ;; ~ u o -' CD ---ZS"'"'' HLnoS-- 80N>t .lOlld ) .... .... I~ 'ON H'1'S'J -"-OOOZlih~ ..,-,jlfd} __~HZ~~~~..._~l~"~'.f~)~~ ft: '()N 'H'\1'S'~ JO 4M' J!.J..w --- ,---- 7- ~~~~ 5: {h~ ~~4~1 .t2 ~'= :J:a wo r-<t ~ , I I I , a: _. I t:J ,,=,:. ICo \- :~~~ ...)".. ~i) 1 ;1 ~r~ . , ~( :E I! :::~ '. i ;,,~: ~~1 o:J \ .- . ,,;-~; 'f . : '" : , 'J' 1- - ~ ~ ~ t , . . : s ~~ ~.. .. f .~ ~ ., ~. ,A :; j . A ..~~~~ :)~~:: ,w~~ ;j~~ ~;I; ?hJ ~ 4 ~~ ~;s la is; ~::: a!! ~: - t2 ...z_i 't..- ie!C ~~! 6=~ --w . OJ "";z~ 1ft" ih i~ nltll~ ~- ; . g~ ~; z' :-.1 : ~z . . ~'l! "'j li t;~ A_,: ... .'--t ., ~~~ ~ z, !!~ l..... --- f!~ owe: ~- oj 1I1lC - j(,:-- -- ~.r;;a 0''''11'1 '" I Ol"'K\ il/\, +h 0:2 .-' ...i~o:. ~e~! .-::i~..i ~i~i u!~>= "20,,-, ~~E~ ;!!B~ Of . MEMO TO: LARRY THOMPSON, ADMINISTRATOR SUBJECT: DAKOTA COUNTY ESTATES III, P.U.D. . . ~. DATE MAY 30, 1985 The Planning Commission at a special meeting held on May 7, 1985 discussed verbal comments on Dakota County Estates III from City Engineer Glenn Cook and written comments from Dakota Soil and Water Conservation District and Parks Director Bell. It was the consensus of the members present that the second major north/south street east of Pilot Knob Road should follow the alignment of the north/south drainage ditch. Jack Benedict agreed to revise the PUD and subdivision accordingly. The Commission also recommended that the proposed bike path in the current city application for a LAWCON/LCMR park grant should ultimately connect with the bike path already dedicated for park purposes in Dakota County Estates I. The developer has shown a dedicated route from the before mentioned drainage way along proposed streets in the plat to the path dedicated in the first plat. The Commission also discussed some unsuitable lot arrangements which the developer also agreed to change. Late commentary from the Dakota County Surveyor indicated that the County Platting Commission objected to the access on Pilot Knob Road because it was too close to a similar access in Dakota County Estates I. The staff and the developer were able to meet with the County Engineering staff to explain that the design was determined by the access road already platted in the Terra Subdivision. We were able to point out that one cross intersection would be better for traffic movement than two "T" intersections. It is now believed that the Platting Commission will approve the access as proposed. The developer has indicated to the Planning Comm;las.;t.enthat the first phase of the subdivision will include approximately ten acres in the northwest corner of the development. This will involve one shopping/service station and two 16 unit apartment buildings. The understanding Of tne Comm~ssion ana-the staff was that portions of one north/south street and two east/west streets would be constructed within this first phase. The strength of a convenience commercial center at this site is the ability of persons moving into Dakota County Estates I and II to use the shopping center without driving on Pilot Knob Road. Currently the developer is contemplating a plat with no road access to Dakota County Estates I. The planning staff does not favor this approach. I would suggest that it would be well to discuss this change in approach now in case 'the City Council has strong feelings one way or another. The Planning Com- mission has forwarded Dakota County Estates III P.U.D. and preliminary plat to the City Council with the recommendation that it should be approved. (!A~~j~4 Charles Tooker, Planner CT/mh . q'f!ICITC AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT AGREEMENT dated ,20_, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation (referred to herein as "City"), and , a (referred to . herein as "Developer"). . RECITALS A. Developer owns property situated in the County of Dakota, State of Minnesota, and legally described as Lot 1, Block 1, Dakota County Estates Third Addition. B. By Resolution R5-86, adopted February 3. 1986, the City approved the Final Plan of Dakota County Estates Third Planned Unit Development (PUD) and the Final Plat for Dakota County Estates Third Addition (plat), recorded as document 729374 on June 11. 1986 in Office ofthe Dakota County Recorder. c. Developer desires to redevelop Lot I, Block 1 of the Plat and to amend the PUD to reflect the redevelopment. NOW, THEREFORE, the parties agree as follows: 1 . . . 1. Request for Approval. Developer has asked the City to approve a planned unit development amendment for Lot 1, Block 1 of the Plat. 2. Conditions of Approval. The City hereby approves an amendment to the PUD to redevelop Lot I, Block 1 of the Plat subject to the conditions set forth in this Agreement. 3. Plans. The City grants approval to the redevelopment of Lot 1, Block 1 ofthe PUD in accordance with the following plans which are on file at Farmington City Hall. The plans are not attached hereto. Ifthe plans vary from the written terms ofthis Agreement, the plans shall control. The plans are: Plan A - Site Plan Plan B - Grading and Landscape Plan Plan C - Utility Plans and Specifications Plan D - Elevations Plan E - Sign Plan 4. Terms of Site Development. The Subject Property shall conform to the following minimum requirements: A. Building Area - The building shall not exceed a footprint of 4824.5 square feet. B. Building Design/Materials - The building design and materials will be consistent with that of the elevation plan and building details approved by the City Council. C. Parking - A minimum of 32 standard parking stalls and a minimum of 2 handicap accessible parking stalls will be maintained and used for commercial use by customers, vendors and other visitors to the Subject Property. D. Landscaping - Except as otherwise specifically provided herein, the Landscape Plan will meet or exceed the minimum requirements of the City's Landscape Ordinance. 2 . . . E. Sidewalk - The Developer will be responsible for the construction ofthe sidewalk along English Avenue. F. Trash Enclosures - The Developer will provide one (1) trash enclosure that will be constructed with the similar materials as proposed for the main structure. G. Compliance with the recommendations contained in the City Planner's report dated October 12,2004 and the City Engineer's Report dated 5. Zoning The following land uses are a permitted use under this Agreement: a. Convenience Store with Gas The following land uses are conditional uses under this Agreement, requiring a conditional use permit in accordance with the process outline in the City's Zoning Ordinance: a. All conditional uses authorized under the B-1 Limited Business District Zoning Classification Any other uses not included above will require either: (i) an amendment to this Agreement approved by the City Council. 6. Compliance with Permit and Licenses. It is the responsibility ofthe Developer to obtain and comply with all necessary approvals, permits, and licenses from the City of Farmington, Dakota County, Minnesota Pollution Control Agency, Minnesota Department of Health, and any other regulatory agency affected by or having jurisdiction over the site. All costs incurred to obtain said approvals, permits, and licenses shall be the responsibility of the Developer. 3 . . . 7. Compliance with Laws and Regulations. Developer represents to the City that the proposed redevelopment complies with all applicable City, County, Metropolitan, State, and Federal laws and regulations. 8. Enforcement. Developer shall reimburse the City for costs incurred in the enforcement ofthis Agreement, including reasonable engineering and attorney's fees. Developer shall pay in full all bills submitted to it by the City within sixty (60) days after receipt. Bills not paid within sixty (60) days shall be subject to an eight percent (8%) per annum interest charge. 9. Miscellaneous. A. Breach of any material term of this Agreement, including noncompliance with the approved Plans specified in Paragraph 3 by Developer shall be grounds for denial of building permits, issuance of stop work orders, suspension Of revocation of certificates of occupancy, or other remedies available to the City. B. If any material portion, section, subsection, sentence, clause, paragraph, or phrase ofthis Planned Unit Development Amendment Agreement is for any reason held invalid as a result of a challenge brought by Developer, their agents or assigns, the City may, at its option, declare the entire Agreement null and void and approval ofthe final planned unit development shall thereby be revoked. C. The action or inaction of any party shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement after expiration of time in which the work is to be completed shall not be a waiver or release. 4 . . . D. This Agreement shall run with the land and shall be recorded in the Dakota County Recorder's office. E. This Agreement shall be binding upon the parties, their heirs, successors, or assigns, as the case may be. F. Third parties shall have no recourse against the City under this Agreement. G. Except as otherwise specified herein, Developer shall pay all costs incurred by them or the City in conjunction with the development ofthe PUD, including but not limited to Soil and Water Conservation District Charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance ofthe plat, the preparation ofthis Agreement. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. 10. Notices. Required notices to Developer shall be in writing, and shall be either hand-delivered to by , its employees or agents, or mailed to registered mail at the following address: Notices to the City shall be in writing and shall be either hand-delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: Farmington City Hall, 325 Oak Street, Farmington, Minnesota 55024. CITY OF FARMINGTON 5 . . . By: Gerald G. Ristow, Mayor And David M. Urbia, City Administrator CONVENIENCE STORE INVESTMENTS By: Edward G. Strahs, Presidenti of Convenience Store Investments, Inc. General Partner STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 20_, by Gerald Ristow and David Urbia, the Mayor and City Administrator ofthe City of Farmington, a Minnesota municipal corporation, on behalf ofthe corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF WISCONSIN ) ( ss. COUNTY OF LA CROSSE ) The foregoing instrument was acknowledged before me this day of , 20_, by Edward G. Strahs, President of Convenience Store Investments, Inc., General Partner of Convenience Store Investments, a Wisconsin limited partnership. Notary Public 6 . . . STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this day of , 20_, by Gerald G. Ristow and David M. Urbia, the Mayor and City Administrator ofthe City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,20_, by , the of , a , on behalf of said Notary Public THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: 651-452-5000 JJJ 7 . . . %0 ~g ~ z o i= ~ -' LU :r: l- ll:: o Z I , ~ ~ II: lEt! ~;<1-!18Ir D zO ~lj ~ z o i= ~ -' LU I- (f) LU ~ ~~ o ~ ~Z (ljO ~~ ~~ ~~ . . . EXflIB/T E LJ II: i~ I a . " i II J; .: Ei 51 ~~ :: at. ..... ~= Ii .. '" .. ;;: ;g i: '" Y10S3NNIW 'N01llNIWYY~ 'M 'lS C8~ Y3ddn 't ~c AMH 'A1NO 3ll0.l.S 30N3IN3^NOO NVld Olll.l.3WO.l.OHd L J : : :; ; , g~ I ,1,,,,_ .il .: ,,, ,.,;.:;';'.:.' , , .' .' .' .' .' .' , , .' .' .' .' .' .' .' .' .' .' .' .' .' " ;;; .' , 0 .' ." z " .' ~ .' .' , :c .' .' 8 .' .' " .' ." .' " .' \ 'I;;...~...:~; \\ Ig Ii I~ ~ ~ ~ ~ "l,\ I~ ~ I~ \~\ :; :~1I1! ~ \ I I I ~ \ \ I I I \ \ \ \ I I I \ \ \.. J I I \ \.-- ___ :-- __-- ~- J \~- \ \ \ D.!III'II'~ m I I I I I . . I . d I i .; h 1" I Ii I I a .1 I ! I I! F~ I I ! n- . . . . .~. ~~ ~ ~. ~ sa ~ la;;~. .~. i! · d "I!'''' h! I . h I; I !!!I v;i~ @~~ · ~'IIH ~. Ii!' x d ~hi ~h! di i!~1 . . Ii:!! ~; Ii . . . i , ~ i ~: f I [ ~;<I!/g/T F L:l ~ ~i ~t!! enr ... iOS3NNIW 'NOi!lNIWlI"'~ llf!ll i m ~;;., 'M 'is eSL 1I3ddn 't Le AMH 'UNO ~ '. ~f:' 3l:10.l5 3~N3IN3^NO~ I~!il~ ~ ~~~~ :~rlj! en(; If'W Zl:~ ",a" .. ~ III II NVld 3dV~SaNVl 'II'ln3l:1d ithiJ . i ~:. ... ~ ~ I I I II l . .... I ' .... .: 'I ~ . .. ," i; 1 eh ! : ..~ u.~. .'" '! !.;: "I"' I<! .. ;;~. mE"' . ~~ :1 ~~~. ~~ ,. . : .. j- ..,: " ~ . Oil" ~ d~ < d l; <I.; ., htl ~ ~I~ ~.'~' e.-. I ! ! ! nll ill! ili ! ill;! i!!1 ~!- 'M .l.33lU.S pJE81 ~3ddn ~ . ~4. ~ ~ " \ I -' I. I~ /" ~ I~ I. . :~jj:; ~ ,hi I I ~ \ I I I \ \ \-J J I \ ,..: __ __-- -_-_ _ J \C-- \ ~ ~ o Z ;: Z' ~5 ~. ~~ u. ~~ ~ " $~l ~ . ! ~!.i Ill! ~ ~ · nil ill : ~ "! ! :fj~ Ii ~ ~I'. g!,;" 11 $!i~ &.~~~ ~ ~~~~ l~~~d~ ~~i iI~>' .~.~~ "J" 11~1~!;.1i~ h.~ ~''''1.H' 'i'~ ~I;'. ...~ ~.!i' 'I~ ~.<~'!1 ..>,h.-i!hu.:l ~1~'.cll~.1"3'~e ~H~!:il~i'l~~~ !'~~'~~~~~hi~i .f~~i~'~~i' ~$< Illml~;~!M~ ~. ! d. ! ~.! it ~oie ~ fib $., ~;;~ ~t. ~~3 ~!: msi :~::l~i !$i~~ u~e~;; ~'~:l! 'U$. h~~! ~,-~~ n~~8 ; ..; ~ ~i~ j~. ~ t . i!. Ii ; ~d ..~ . ~ " 5~ 1 ~ i .~~! !~l ! ~..~ ;! ~ g~.~ ii;~ N , !....~ ~ F~!l '51i! "il ;ai~j' '" .f:1 ".;" ..~ ~ Cx ~<~ ~ ~;~. ~'c. .~ " ~~il~" B~'~ Uh ~~~ . ;;...h ~ .~ iL ... 3~Z f s.'~'.u .. ~5 ~!11~ .;j~ ~ ~:I.!~~i~ ~~~ iI! ~~i~ ~~~ . Eo .h~. .~. " !'u~ .. ~ ;X ;'l~~ !h ~; .~~~ ~;~c ~ Mt:~i; .~~ gg .s!. .m . ....~..!~. '. !i--< J'~' ~ ;~.~.h. ~I~"'~ z~~i ~'!' g ~j~i~~~ia.~~~~ ~.g8 l~: i ilii..'l!~~;ii'~~~ ~;;~~ J.~ e .~U~!h~~~I'U8~"~~' ~!~; ~ 1~1i!~~ml~ .~m~~~.i~:l ... . ~ &l2i- ~ ;j i! "'!i!~~:;;::<( 8~, i, t~h~i~~.~~~i!h~im~ 10/07/2004 15:49 FAX 608 781 8960 KWIK TRIP 1iJ002 .. '-' ~Y#I!}rr.'6- . . ,~ ~~~:i:':J~~:_L. . , 1"1"~'.: , N" ~ .' N , . ,N H':,. ~':'..,:;I,~,w' ":" '.__..... 0:.. :"~~:k;~~.,:;...HH~;"" 1 , ~ :.~;~~:j~~~~~; .~i:;!"~'H,J'. ."~ . , ,.~:.. . 'f-,il.: "(. t? ~ . . 'S;~~li 'e!~~~1faitdn " " 11 H~"~'~,.\~~.:~::~V =. ;ifi;t~ijj:"'frmngtn ........ i " j i j j, ,. J t ~ II i t ~ ~ ~ t ~ - ~ -- < { I i j ,0 t.:'!- , " " , " ~ f J 1 , ~ . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: ,p, Planning Commission \UV'-- FROM: Jim Atkinson Assistant City Planner SUBJECT: Zoning Map and Comprehensive Plan Amendment - Farmington Business Park DATE: October 12, 2004 INTRODUCTION Colin Garvey is proposing to rezone the area adjacent to Canton Court from A-1 (Agriculture District) to a commercial PUD (Planned Unit Development). Mr. Garvey is also proposing to designate the property as "business" on the Comprehensive Plan Land Use Map. DISCUSSION Zoning According to the City Code, properties are automatically zoned A-1 (Agriculture) upon annexation into the City. The applicant is proposing to rezone the property from A-1 to PUD (Planned Unit Development). The PUD would be similar to the B-3 (Heavy Business) zoning district with minor modifications: . Permitted Uses to be Added: Restaurants, Class 11 . Minimum Lot Size would be Changed from 5,000 Square Feet to 1 Acre This type of zoning appears to be appropriate for the subject properties given the proximity of existing businesses located along Canton Court, Highway 50, and Highway 3. A copy of the proposed standards for the PUD is attached to this memo. Comprehensive Plan There is currently no provision in the City Code or Comprehensive Plan that establishes a default land use designation upon annexation. Therefore, once the property is officially part of the City, the subject properties will have no designation until the proposed amendment is approved. Mr. Garvey has requested that the property be designated "business". This is an appropriate designation for the property and is consistent with the proposed PUD zoning classification previously discussed. . ACTION REQUESTED Consider the requested Zoning Map Amendment (A-1 to PUD) and Comprehensive Plan amendment (non-designated to Business) for the properties depicted on the attached location map contingent on the following: . The annexation of the properties shall be approved by the State Office of Boundary Adjustments. Respectfully Submitted, Jim Atkinson Assistant City Planner . . . . . CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF FARMINGTON FOR THE FARMINGTON BUSINESS PARK LOCATED ADJACENT TO CANTON COURT FROM A-1, AGRICULTURE TO COMMERCIAL PUD, PLANNED UNIT DEVELOPMENT THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS: SECTION 1. The Official Zoning Map of the City of Farmington is amended for the properties described on the attached Exhibit "A" from A-I (Agriculture) to Commercial PUD (Planned Unit Development). SECTION 2. PUD Standards Adopted. The development standards for the Farmington Business Park are established as described in the attached Exhibit "B". SECTION 3. Effective Date. This Ordinance shall be effective upon its passage and publication according to law. Adopted on the day of the City of Farmington. , 2004, by the City Council of CITY OF FARMINGTON Mayor AITEST: City Administrator Approved as to form the _ day of ,2004. City Attorney SEAL Published in the Farmington Independent the ,2003 day of ~~ Xl D ; - -' - .. ----n\ ::t -- ~ Exhibit "A" - Location Map - - I I I I I I I I I I I I RTIB HIIII Eblli g/ '--- - - - - '--- - f---- 1-1 i, rI I- ii ~ ~- ~ I I II 225th Street L1EE l~ J~ - :J - rnnnnl Current City Boundary I I .--------. t:;n . ~I II ~~ \V Rezone: A-1 (Agriculture) to Commercial PUD (Planned Unit Development) Comprehensive Plan Amendment: Non-Designated to Business - n N A 300 0 300 600 Feet , . . . Exhibit "B" - PUD Standards for Farmington Business Park (A) Bulk And Density Standards: 1. Minimum Standards: Lot area 1 Acre Lot width 50 feet Front yard setback 0 feet Side yard setback 10 feet Rear yard setback 10 feet Minimum side and rear yard abutting any residential district Off street parking and access drives 10 feet Public and semipublic buildings 35 feet Recreational, entertainment, commercial and industrial uses 50 feet Height (maximum) 45 feet Maximum lot coverage of all structures 35 percent All standards are minimum requirements unless noted. (C)Uses: 1. Permitted: Animal clinics. Auto repair, minor. Auto sales. . Commercial services. Convenience store without gas. Mechanical sales, service and repair. Offices. Public buildings. Restaurants, class I, traditional. Restaurants, class II, fast food Retail facilities, greater than 3,000 square feet. Sexually oriented businesses - accessory. Supply yards. Truck terminals. Wholesale businesses. 2. Conditional: Auto repair, major. Car washes. Convenience store with gas. Greenhouses and nurseries, commercial. Group daycare center, commercial. Home and trailer sales/display. . . . . . Manufacturing facilities. Ministorage units. Outdoor sales. Petroleum bulk storage. Public utility buildings. Solar energy systems. 3. Accessory: Parking lots. (Ord. 002-469, 2-19-2002; amd. per fax dated 8-6-2002) . . . RESOLUTION NO. APPROVING COMPREHENSIVE PLAN AMENDMENT FARMINGTON BUSINESS PARK 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 day of , 2004 at 7:00 P.M. Members Present: Members Absent: Member seconded the following: introduced and Member WHEREAS, annexation ofthe Farmington Business Park was approved by the State Office of Boundary Adjustments on , 2004; and, WHEREAS, the Farmington Business Park does not currently have a land use designation in the Comprehensive Plan; and, WHEREAS, the requested amendments described on the attached map are consistent with existing land uses on adjacent properties; and, WHEREAS, the Planning Commission, at a public hearing held on recommended approval of the Comprehensive Plan amendments; and, ,2004, WHEREAS, the City Council has reviewed the petition and the Planning Commission recommendation at it's City Council meeting held on ,2004 and concurs with said recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby amends the Comprehensive Plan for the subject properties as described on the attached map. Adopted on the day of ,2004 CITY OF FARMINGTON MAYOR CITY ADMINISTRATOR . . . 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: Jim Atkinson Assistant City Planner SUBJECT: Farmington Business Park Preliminary Plat DATE: October 12, 2004 INTRODUCTION/DISCUSSION The Engineering Department has recommended that the Farmington Business Park Preliminary Plat be continued to the November 9, 2004 Planning Commission meeting. The Engineer's have determined that there are too many unresolved issues for the plat to move forward at this time. The issues include the resolution of wetland mitigation on the property, easements required for the plat and revisions to the plat to exclude properties outside of the developer's boundaries. A revised plat needs to be submitted by the developer resolving these issues before a positive recommendation is made by the Engineering Department. Therefore, staff is recommending that the Planning Commission continue the public hearing for the Farmington Business Park Preliminary Plat to the November 9, 2004 Planning Commission. ACTION REQUESTED Staff recommends a continuance of the Farmington Business Park Preliminary Plat to the November 9, 2004 Planning Commission meeting in order for the Developer to address engineering comments. Respectfully submitted, I 4;)' '" /p;?4~ \.../1'44', . 1. .. j.. <.. L--::> Jim Atkinson, Assistant City Planner cc: Colin Garvey . . . 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: October 12, 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, August 10, 2004 and September 14, 2004. 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 drafted an Ordinance (attached) that was designed to accomplish that objective. At its September 14 meeting, the Planning Commission indicated its preliminary support for the proposed Ordinance, and authorized City staff to schedule the required public hearing so that the Ordinance could ultimately be forwarded to the City Council for its consideration. RECOMMENDATION . . . CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 10 CHAPTER 6 OF THE FARMINGTON CITY CODE, THE CITY'S ZONING ORDINANCE, CONCERNING SIGNS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-2-1 of the Farmington City Code is amended by adding the following definition: SIGN, LOGO: A sign carrying a symbol, standard, emblem or insignia, identifying a governmental agency or any civic, charitable, religious, institutional, patriotic, fraternal or similar non-commercial organization. SECTION 2. Section 10-6-3(B)(1) of the Farmington City Code is amended by adding a new subsection (t) to read as follows: (t) Logo Signs: Logo signs may be permitted within the public rights-of-way if approved by the City's director of public works, provided that: 1. the logo sign is co-located with the City's entrance signs, and does not exceed 24 inches in height and 24 inches in width (if rectangular) or 24" in diameter (if round); 11. the logo sign is sponsored/requested and maintained by the organization's local chapter, with an office located within the City; 111. a responsible person ofthe organization is designated for maintenance issues; and IV. the organization provides written proofthat it has obtained any permits and/or approvals that are required by any other governmental entities (State of Minnesota, Dakota County, etc.) for the placement of signs within their rights-of- way. SECTION 3. Section 1O-6-3(C)(6) of the Farmington City Code is amended to read as follows: . 6. Public Rights Of Way: No sign shall be upon or overhang any public right of way, except: i) as permitted under section 10-6-3(B)(l)(t); or ii) within the B-2 district where an overhang of fifteen inches (15") is possible. SECTION 4. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of ,2004, by the City Council ofthe City of Farmington. CITY OF FARMINGTON By: Gerald Ristow, Mayor ATTEST: By: City Administrator . SEAL By: 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: lL r) (/ Planning Commission FROM: Lee Smick, AICP City Planner SUBJECT: Parkview Ponds Preliminary Plat DATE: October 12, 2004 INTRODUCTION/DISCUSSION The Developer, Manley Land Development, is continuing to finalize their grading and drainage plans in order to address engineering comments. A revised plat needs to be submitted by the developer showing compliance with the requirements of the NPDES permit governed by the MPCA. Therefore, staff is recommending that the Planning Commission continue the public hearing for the Parkview Ponds Preliminary Plat to the November 9, 2004 Planning Commission. ACTION REQUESTED Staff recommends a continuance of the Parkview Ponds Preliminary Plat to the November 9, 2004 Planning Commission meeting in order for the Developer to address engineering comments and meet the requirements of the NPDES permit governed by the MPCA. Respectfully submitted, ~~ Lee Smick, AICP City Planner cc: Manley Land Development . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Lee Smick, City Planner FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Parkview Ponds Preliminary Plat DATE: October 8, 2004 Engineering staff has reviewed the above referenced preliminary plat. At this time, there are several unresolved issues related to wetlands and storm water management. Staff is working with the developer to address the issues and include the appropriate agencies in the discussion. It is our recommendation that this preliminary plat not be forwarded to the City Council for approval until these issues are resolved. Respectfully Submitted, ~ m)11~ Lee M. Mann, P .E., Director of Public Works/City Engineer cc: file