HomeMy WebLinkAbout01.14.03 Planning Packet
City of Farmington
325 Oak Street
Farmington, MN 55024
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5.
AGENDA
PLANNING COMMISSION MEETING
REGULAR
January 14, 2003
7:00 P.M.
CITY COUNCIL CHAMBERS
1.
CALL TO ORDER
2.
ELECTION OF OFFICERS
3.
APPROVAL OF MINUTES
a)
Decen]berl0,2002
PUBLIC HEARINGS
SeedlGenstar Alternative Urban Areawide Review (AUAR)
b)
Variance Request - Minimum Lot Size Requirement
Applicant: Ben Ward
c)
Glenview Commercial Addition Preliminary & Final Plat
Applicant: TC Construction
d)
Ordinance Amending Sections 1()"'5-1O, 10-5-14, and 10-5-18 of the Farmington Zoning Code to co ditionally
allow commercial daycare facilities in the R-5 (High Density Residential), B-2 (Downtown Business. and.BP
(Business Park) zoning districts.
e)
Ordinance Repealing Title 4 Chapter 3, Amending Section 10-6-3: Signs, Billboards and Amending S
1: Definitions
4.
DISCUSSION
a)
Bristol Square 41h Addition Final Plat
Applicant: Jim Allen Homes
b)
Emmaus Grove Preliminary & Final Plat and Wetland Alteration Permit
Applicant: Fannington Lutheran Church
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
1t1?0
FROM:
Lee Smick, AICP
City Planner
SUBJECT:
Review of SeedlGenstar Alternative Urban Areawide Review (AUAR)
DATE:
January 14, 2003
INTRODUCTIONIDISCUSSION
The property owners, James and Adam Seed and their developer, Steve Juetten of Newland
Communities have requested that the City table the discussion of the Seed/Genstar AUAR until a
future date. The owners have stated that they would like additional time to review the AUAR
document. Staff will present the AUAR to the Planning Commission at a future meeting.
. ACTION REQUESTED
Staff recommends delaying the discussion of the SeedlGenstar AUAR to a future Planning
Commission meeting.
Respectfully submitted,
&~
Lee Smick, AICP
City Planner
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TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
HJ<-
City Planning Commission
Lee Smick, AICP
City Planner
Variance Request - Minimum Lot Size Requirement
Applicant: Ben Ward, 6378 195th Street
January 14,2003
The applicant, Ben Ward, is seeking variance approval from the minimum lot size requirement in the
Agriculture Zoning District (A-I) to create a 4.71-acre parcel. Mr. Ward is proposing to combine a soon-
to-be-vacated right-of-way from Dakota County with his current 3-acre parcel. The newly created parcel
would be 35.29 acres less than required for a property in the A-I District (Section 10-5-5 of the
Farmington City Code).
PLANNING DIVISION REVIEW
Applicant:
Attachments:
Property Location:
Proposed Lot Size:
Existing Zoning:
Ben Ward
6378 195th Street
Farmington, MN 55024
1. Location Map
2. Proposed Lot configuration
6378 1951h Street
4.71 acres
A-I (Agriculture District)
2020 Comprehensive Plan:
Agriculture/Conservation
Existing Land Use:
Surrounding Land Uses:
DISCUSSION
Single-Family Residence
Meadow View Elementary to the east, Agricultural areas to the
north, south, and west.
.
Waiver of Plat
According to Section 11-1-5 of the City Code, "a subdivider of a single parcel ofland into no more than
two (2) parcels may request a waiver of the formal plat review process." A waiver of plat is
administratively granted and does not require formal approval by the Planning Commission or City
Council. In this case, staff is unable to approve the waiver of plat at this time since the proposed lot would
not comply with the minimum lot size requirement provided in the Zoning Code. If a variance from this
requirement is granted by the Planning Commission, staff may proceed with the review of the waiver of
plat application.
Dakota County is awaiting the approval of the Waiver of Plat by the City in order to record the lot
conveyance to Mr. Ward. In an agreement between Dakota County and Mr. Ward, the driveway access
from the Ward property to 195th Street will be reduced from two entrances to one entrance in order to
meet the County's access requirements. Additionally, Mr. Ward has recently granted an easement for
195th Street along the northerly portion ofMr. Ward's property to the County.
Nonconforming Parcel
The minimum lot size requirement for properties within the A-I District was amended in May of 2002.
The previous minimum requirement was one (1) acre and was changed to 40 acres. Mr. Ward's property
is currently 3 acres, which is 37 acres less than required by the current Code. Therefore, Mr. Ward's
existing property is considered a legal nonconforming parcel since it existed in its current state prior to
the Code amendment.
.
Nonconforming parcels are allowed to remain in their current state or can be modified as long as the
amount of nonconformity is not increased. In this case, Mr. Ward's request would actually decrease the
amount of nonconformity and therefore would not be in violation of the nonconforming use provisions in
the City Code.
The Board of Adjustment may vary the regulations of this Title if any 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.
The City Code was amended in May of 2002 to increase the minimum lot area required for
properties in the A-I District from one (1) acre to 40 acres. This amendment changed Mr.
Ward's 3-acre property to a nonconforming parcel, thus eliminating his ability to subdivide
or otherwise alter his property in a way that would increase the noncoriforming status. If the
Code amendment had not occurred, Mr. Ward could proceed with the waiver of plat and be
in complete compliance with the Zoning Code. The amendment, therefore, may have caused
undue hardship to Mr. Ward. Additionally, Mr. Ward's request will bring the parcel closer to
compliance than it currently exists.
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.
.
When the City Code was amended to increase the minimum lot size in the A-I District,
several properties became nonconforming. The majority of properties in the A-I District,
2
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however, do comply with the minimum lot size requirement thus creating a similar situation
to Mr. Ward's for only a minority of property owners in the A -1 District.
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 present in this situation was not created by Mr. Ward or any other person
having an interest in 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.
Granting the variance to create a larger lot would not alter the character of the area or have
a negative impact on other property in the vicinity.
5. The proposed variance will not substantially increase the congestion of the public streets, or
increase the danger of fire, or be detrimental to the public welfare or public safety.
The proposed variance would not result in any of the above mentioned adverse effects.
ACTION REQUESTED
Approve the variance from the minimum lot size requirement in the A-I District (Section 10-5-5 of the
Farmington Code) to allow a waiver of plat to proceed to create a 4.71 acre parcel.
Respectfully submitted,
~'...
L'~
.L.~ .
Lee Smick, AICP
City Planner
cc: Ben Ward
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CITY OF FARMINGTON
VARIANCE APPLICATION
Farmington, MN 55024
651-463-7111 FAX 651-463-1611
Applicant Name ]3eY\';J--i"'-0\.LJ C\...-r-J..
Applicant Address (0) 7 ~lcr)t~ St< @rl"" I^~fc.^
Street itv
Phone Number ~ '51 - '-f. CJ 0- ) 1 ( '-f .
Legal Description of Subject Property: (lot, block, plat name, section, township, range)
For office use
Permit Number
mrtJ
State
'S's 0 0. '-(
Zip Code
Current Land Use -;41- 5i't~'k' //t.J11/ It/Current Zoning District A - /
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Specific Nature of Request / Claimed l!ardship: "';;'::-/1 : ~,a C c>~
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Following Attached: (please check) _ Proof of Ownership )( BoundarylLot Survey
'< Application fee ($200) ~ Copies of Site Plan
_ AbstractJResident List (adjoining property owners only)
_ Torrens (Owner's Dublicate Certificate of Title Required)
Property Owner's Signature ~ tJ~
Date J ~ {q 0 ~
For office use only
Request Submitted to the Planning Commission on
Public Hearing Set for: Advertised in Local Newspaper:
Planning Commission Action:
Comments:
_ Approved _ Denied
Conditions Set
Planning Coordinator:
Date:
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TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
City Planning Commission
Jim Atkinson \~
Assistant City Planner
Glenview Commercial Addition Preliminary and Final Plat
January 14, 2003
The applicant, Tim Giles, is seeking approval of the Glenview Commercial Addition
Preliminary and Final Plat. The plat consists of 4.71 acres of land located at the
northeast corner of Trunk Highway 3 and 213th Street. Ninth Street was recently
realigned from the west side of the proposed commercial addition (directly adjacent
to Trunk Highway 3) to the east side. The new alignment of Ninth Street separates the
Glenview Townhomes from the proposed commercial addition.
Plannin'! Division Review
Area Bounded By:
Existing Zoning:
Comprehensive Plan:
Existing Conditions:
Topography:
Parkland and Trails:
Dakota Storage to the north, Trunk Highway 3 to the
west, the Glenview Townhomes to the east, and the
Allina medical clinic to the south.
B-1 (Highway Business) District
Business
Ninth Street was recently realigned and is now
located on the east portion of the proposed plat.
The remaining area currently consists of three (3)
separate parcels.
The site is relatively flat.
The parkland dedication requirement is currently
under review.
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DISCUSSION
As shown on the plat, the site currently consists of three (3) parcels as designated by
dashed lines. The proposed plat would consolidate the three (3) parcels and the
abandoned Trunk Highway 3 right of way to create one (1) parcel on the west side of
ninth street (Lot 1 Block 1). The realignment of Ninth Street created two additional
parcels located to the east of Ninth Street: Lot 1 Block 1, and Outlot "A".
It is unknown at this time what specific use would be present on the property. It is
zoned B-1, highway business, and therefore could accommodate any business allowed
for that district. Access to the site would be reviewed when a specific use is
proposed. If more than one business is proposed requiring more than one lot, a replat
would be required depicting the new lot configuration.
Easements
The former alignment of Ninth Street included a connection to Trunk Highway 3 along
the north side of the proposed plat (shown as Outlot A). This was a private street and
did not have any right of way associated with it. There is, however, a drainage and
utility easement present along the former roadway. In order for the plat to proceed,
this easement must be vacated.
The portion of Ninth Street that was adjacent to Trunk Highway 3 is in the process of
being vacated through the State. At the time of this report, the status of the vacation
is unknown. The vacation must be completed prior to plat approval.
Area Summary
Lot 1, Block 1 =
Lot 1, Block 2 =
Outlot A =
Total Area =
3.59 acres
.24 acres
.15 acres
4.71 acres
ACTION REQUESTED
Continue the public hearing until the drainage and utility easement located on the
north portion of the property is vacated.
Respectfully submitted,
Jim Atkinson
Assistant City Planner
Attachments:
Glenview Commercial Addition Plat
B-1 Zoning District Provisions
cc:
Tim Giles
File
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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 fife.
FROM:
Jim Atkinson
Assistant City Planner
SUBJECT:
Ordinance Amending Sections 10-5-10, 10-5-14, and 10-5-18 of the
Farmington Zoning Code to conditionally allow commercial
daycare facilities in the R-5 (High Density Residential), B-2
(Downtown Business), and BP (Business Park) zoning districts.
DATE:
January 14, 2002
INTRODUCTION
The City was recently contacted regarding the possibility of opening a commercial
daycare facility in the vacant medical clinic on the Trinity Hospital site. The property
is zoned R-5 (High Density Residential), which does not currently allow commercial
daycare facilities.
City staff believes that commercial day care may be an appropriate conditional use in
the R-5 zoning district, as well as the B-2 and BP zoning districts. Therefore, the City
is proposing to amend Sections 10-5-10, 10-5-14, and 10-5-18 of the Farmington
Zoning Code to conditionally allow commercial daycare facilities in the R-5 (High
Density Residential), B-2 (Downtown Business), and BP (Business Park) zoning districts.
DISCUSSION
Commercial Daycare facilities are currently allowed as a conditional use in the B-1, B-
3, B-4, Spruce Street Commercial, IP, and 1-1 zoning districts. They are currently not
allowed in any residential zoning district, the B-2 district, or the Business Park zoning
district. Other types of daycare, such as in-home daycare and group daycare (12
children or less), are permitted by right in all residential zoning districts.
The Farmington Zoning Code defines commercial child day care centers as follows:
Commercial Child Day Care Center: A facility other than a private residence,
receiving one or more minor children for regular shelter, care, activity, and
supervision where the parents or guardians are not immediately available to
the child.
Commercial daycare facilities may be appropriate in the R-5, B-2, and BP zoning .
districts, depending on the specific location relative to surrounding uses. As a
conditional use, commercial day care facilities would be reviewed by the Planning
Commission to determine whether a specific site could accommodate such a facility
without negatively affecting the surrounding area.
ACTION REQUESTED
Approve the proposed amendments to Sections 10-5-10, 10-5-14, and 10-5-18 of the
Farmington Zoning Code to conditionally allow commercial daycare facilities in the R-
5 (High Density Residential), B-2 (Downtown Business), and BP (Business Park) zoning
districts, and forward the recommendation to the City Council.
Respectfully Submitted,
Jim Atkinson
Assistant City Planner
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TO:
FROM:
SUBJECT:
DATE:
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
v-~c..
City Planning Commission
Jim Atkinson
Assistant City Planner
Ordinance Repealing Title 4 Chapter 3, Amending Section 10-6-3: Signs,
Billboards and Amending Section 10-2-1: Definitions
January 14, 2003
INTRODUCTIONIDISCUSSION
The Planning staff is continuing to make revisions to the sign ordinance as suggested by the City
Attorney's Office. Therefore, the Planning staff suggests that the Planning Commission continue the
public hearing for the sign ordinance to the February 11, 2003 meeting.
ACTION REOUESTED
Recommend continuance of the sign ordinance to the February 11,2003 Planning Commission meeting.
Respectfully Submitted,
Q""- OL
Jim Atkinson
Assistant City Planner
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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:
Jim Atkinson It'pc......
Assistant City Planner
SUBJECT:
Bristol Square 4th Addition Final Plat
DATE:
January 14, 2003
INTRODUCTION
Jim Allen, the developer, proposes to plat 39 town home lots in the Bristol Square 4th
Addition Final Plat. The property is located in the central portion of the Bristol Square
development east of the Glenview Townhomes.
DISCUSSION
Bristol Square Fourth Addition consists of 39 town home lots situated in groups of three
(3), four (4), and five (5) units per building. The individual lots range in size from 1,440
square feet to 2,494 square feet. Of the 39 lots, 18 of the town homes would be split
entry, 17 would be two-story, and four (4) would be ramblers.
Two outlots exist on the proposed plat. Outlot A is located to the north of Prairie View
Trail and adjacent to the Prairie Waterway. Outlot B is located in the center of the 4th
Addition and would be utilized as a play area or common area. A storm water pond is
proposed along 213th Street between 12th Street and 13th Street.
Bristol Square 4th Addition would utilize the street system established for previous
additions of Bristol Square. Willow Trail, Prairie View Trail, Arbor Lane, and 13th Street
are located throughout the 4th Addition. There would be one (1) direct access to 213th
Street via 13th Street and one (1) indirect access via 12th Street. Cambodia Avenue,
located to the east of the addition, could be accessed via Prairie View Trail.
ACTION REQUESTED
Recommend approval of the Bristol Square 4th Addition Final Plat contingent upon the
following item:
. Execution of a Development Contract between the Developer and the City of .
Farmington and submission of security, payment of all fees and costs and submission of
all other documents required under the Development Contract.
Respectfully submitted,
4~at=-
Jim Atkinson
Assistant City Planner
Attachments:
Bristol Square Fourth Addition Plat
cc: Steve Albrecht, Project Manager
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TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
City Planning Commission \If</
Lee Smick, AICP
City Planner
Application for Preliminary and Final Plat Approval of Emmaus Grove
Addition and Wetland Alteration Permit- Farmington Lutheran Church
Site
Applicant: Farmington Lutheran Church, 501 Walnut Street
January 14,2003
Planning Division Review
Applicant:
Attachments:
Property Location:
Plat Size:
Existing Zoning:
Farmington Lutheran Church
501 Walnut Street
Farmington, MN 55024
1. Location Map
2. Preliminary Plat
3. Final Plat
4. Site Plan
5. Landscape Plan
6. Memo from John Smyth, dated December 20, 2002
7. Dakota County Soil & Water memo, dated December
16,2002
8. Planning Commission Minutes - June 11, 2002
East of Akin Road, north of the Riverside Neighborhood
18.07 acres
R-l (Low Density Residential)
2020 Comprehensive Plan:
Low Density
Existing Land Use:
Agricultural
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Surrounding Land Uses:
Single-family residential is located to the south and west,
Bongard Trucking is located to the north and agriculture is
located to the east.
Proposed Land Use: Future Church Facility (CUP approved on June 11,2002)
Streets and Accesses: The principal access will be provided off the future public
street located along the south property line. A secondary
driveway access will be provided on the north side of the
property.
Utilities (Water, Sewer & Gas): Sanitary sewer, water and gas are all located on the west
side of Akin Road. The utilities will be jacked under the
road to service the property.
DISCUSSION
The applicant, Farmington Lutheran Church, is seeking approval of the Preliminary & Final Plat
for the Emmaus Grove Addition for the construction of the future Farmington Lutheran Church
facility. The applicant is also seeking approval of a Wetland Alteration Permit. The applicant
received conditional use permit approval on June 11, 2002 to construct a church within an R-l
Zoning District. On September 9, 2002, the CUP was extended to June 11, 2003 to allow the
applicant to plat the property within this timeframe.
The proposed plat consists of one platted lot and five outlots. The lot and outlots consist of the
following:
Block I Lot 1
Outlot A
Outlot B
OutlotC
Outlot D
Outlot E
Akin Road R/W
Proposed R/W
Total
Development of Church
Future Development
Future Development
WetlandlStormwater Pond
Wetland
Future Development
9.16 acres
0.36 acres
0.32 acres
3.57 acres
0.45 acres
2.19 acres
1.27 acres
0.75 acres
18.07 acres
As presently proposed, Outlot C and D will be platted for future storm water retention ponds and
later deeded over to the City. Outlots A (future church addition), B (future gazebo), and E
(future expanded parking lot) will be required to be platted when it develops.
Existing Site Condition
.
The property is currently being used as agriculture. A number of out buildings currently exist on
the site and are located to the east and southeast of the property. A portion of the site is heavily
wooded in the west and northern portion of the property.
The property also contains three electrical transmission towers that contain an existing 50-foot
easement. The power lines, owned by Excel Energy, bound the property along the east property
line and jog northwest toward the central portion of the site.
Site Plan
The site contains two wetlands near the northwest comer of the property (shown as Outlot C and
D). The applicant is proposing to place the church on the south central portion of the site (shown
in Lot 1, Block 1), avoiding the wetlands. The wetlands are classified as utilize on the City's
Wetland Classification system and will be graded for storm water retention purposes (see
comments under Wetland Review).
Building Details
Phase I
Total Building Space = 21,014 sq. ft.
Number of Seats = 450
Phase II Expansion = 6,496 sq. ft.
. Total Building Area = 27,510 sq. ft.
Parking/Access
Based on 450 seat sanctuary
Phase I Parking
Parking = 244
Handicap = 7
Alternative Parking = 11
Handicap = 4
Total Parking Stalls
Parking = 255
Handicap = 11
Total Phase 1 = 266
Phase II Parking
Master Plan - 900 Seat Sanctuary
Future Parking = 223
+
Phase I Parking = 266
Master Plan Total Parking = 489
.
.
The future phase II parking area is shown just north of the main parking lot and would service
the future expansion ofthe church facility.
The applicant proposes two entrances to the site. The southerly access (Devonport Drive) is
shown as a cul-de-sac at a length of 570 feet and a width of 32 feet from the front of curb to the
front of curb. The roadway is shown as a temporary cul-de-sac because this roadway will be
extended to the east in the future when development occurs. The cul-de-sac currently does not
meet City standards for width and needs to be redesigned as a hammerhead to meet emergency
requirements. The roadway will access Akin Road at the entrance to the Middle Creek East
development.
The applicant also proposes a northerly access from the site that will be built at a later date. The
roadway will act as a secondary driveway and is proposed at 25 feet in width.
Landscaping/Boulevard Trees
The applicant is proposing to preserve a majority of the existing mature trees to serve as a buffer
from Akin Road. The church building has been shifted in order to preserve the trees.
The landscape plan meets the standards of the City. However, the Bur Oaks proposed along
Devonport Drive need to be replaced with an acceptable street tree species such as Swamp White
Oak, Northern Red Oak, or English Oak.
.
Wetland Review
A Notice of Wetland Conservation Act (WCA) Application for the Farmington Lutheran Church
project was mailed on November 19,2002 and initial comments on the application were due by
December 12,2002. The proposed impact involves fill within 0.63 acres of seasonally flooded
wetland for the construction of a secondary driveway access off Akin Road. The applicant
proposes to replace the impacts of 0.63 acres by purchasing 1.26 acres of wetland banking
credits in Rice County.
The attached letter from Brian Watson, Dakota County Soil and Water Conservation District
states that the SWCD would like to see the mitigation of the wetland occur in the Vermillion
River Watershed, however, because of the lack of wetland banking sites in close proximity to the
watershed, the Church needed to purchase a banking site in Rice County. No other adverse
comments were received concerning the project. The Wetland Alteration Permit needs to be
approved by the City Council.
Engineering Comments
The Engineering Department has determined that there are two major engineering issues that
need to be addressed and they are as follows:
1. The physical feasibility of draining the wetland at the proposed outlet elevation has not been
addressed. The proposed elevation is two feet below existing elevations.
. 2. A storm sewer system that is significantly under capacity for the design flow.
.
Based upon this information, significant site grading adjustments and/or modification of the
drainage system will need to be addressed by the developer's engineers before the Planning
Commission approves the preliminary and final plat.
ACTION REQUESTED
Staff recommends the Preliminary and Final Plat be continued to a later date so that the applicant
may address the following issues:
1. The applicant must address engmeenng Issues related to the grading and stormwater
requirements on the site.
2. The Bur Oaks proposed along Devonport Drive need to be replaced with an acceptable street
tree species such as Swamp White Oak, Northern Red Oak, or English Oak.
3. The cul-de-sac currently does not meet City standards for width and needs to be redesigned
as a hammerhead to meet emergency requirements.
4. Address any other requirements as stated by the Engineering Department.
.~.
Lee Smick, AICP
City Planner
cc: Farmington Lutheran Church, 501 Walnut Street, Farmington, MN 55024
Ann Kuntz, Station Nineteen Architects, Inc. 2001 University Ave, Suite 100,
Minneapolis, MN 55414
.
.
Property Location
.
.
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.11. Bonestroo
..... Rosene
8 Andertik &
1\11 AssocIates
Engtneers & AfChltecu
,/demo
Project Name: Farmington Lutheran Church
Client: City of Farmington
To: Lee Smick
File No: 141-99-116
From: John Smyth
Date: 12/20102
Re: Wetland Conservation Act Review
Project Summary
The proposed impact involves fill within 0.63 acres of seasonally flooded wetland for the construction of a secondary driveway access
off Akin Road. The applicant considers this wetland fill necessary since two access points to this parcel were constructed during
improvements to Akin Road, the applicant was assessed for both driveways, and has indicated that the city is requesting two access
point to the property. The applicant proposes to replace the impacts of 0.63 acres by purchase of 1.26 acres of wetland banking credits
in Rice County.
Findings
The City and the Wetland Conservation Act first require looking for opportunities for replacement on-site, then within the same
watershed, and then the same county and finally adjacent counties. The applicant had limited opportunities to expand wetland on-site
if the oak trees are going to be preserved. It appears that the applicant did look for opportunities within the same county and found the
nearest wetland bank was available in an adjacent county.
.is wetland is labeled as F-W8.8.1 on the Wetland and Waterbody Classification Map and was classified as utilized. The wetland
dinance allows excavation in basins classified as utilized if it is limited to the reed canary grass portion of the wetland. This applicant
has proposed excavation within the wetland and has lowered the outlet elevation to 900 (currently 902'+). It was determined that a 2-
YR storm will flood to the 900.8' elevation. The grading currently shows some of the fringe areas having elevations that are higher
then 90 I and may not be flooded enough to maintain hydrology to the fringe area of the wetland.
Response to SWCD Comments
The SWCD had no critical concerns or objections to this specific proposal. They did however have the following fundamental
comments to the location of the replacement wetlands.
1. Page 3 of the Applicant indicates that the affected wetland and the Rice County wetland bank are located in the same major
watershed (Cannon River - #39). This i$ inaccurate. As mentioned the project site is locate within Middle Creek of the
Vermillion River, part of the Mississippi River Watershed under WCA rule.
Response:
This will be corrected for the applicant when a notice of decision is sent out to the reviewing agencies. The applicant is still in
compliance with the Wetland Conservation Act due to the Wetland Conservation Act allowing replacement within adjacent counties
and Rice County being adjacent to Dakota.
2. We are aware of e:xistingjlooding concerns within the Middle Creek sub-watershed area. Land use within this sub-
watershed is currently less than 10% developed but future development is proposed throughout the Middle Creek drainage
area. Farmington's approved Wetland Management Plan includes an inventory of wetland restoration opportunities. We
should be evaluating these opportunities to avoid replacing wetlands outside of the Vermillion River Watershed.
Response:
~e agree with this statement and the City has explored constructing a wetland bank to be used locally in the city at a site located west
. Pilot Knob Road, north ofCSAH 50 and south of the Charleswood Development as shown on the Wetland Classification Map. This
Bonestroo, Rosene, Anderl/k and Associates, Inc. www.bonestroo.com
o Sl Paul OffIce:
2335 West Highway 36
SI. Paul, MN 55113
Phone: 651-636-4600
Fax: 651-636-1311
o Milwaukee OffIce:
1516 West Mequon Road
Mequon, WI 53092
Phone:262-241~
Fax: 262-241-4901
o Rochester OffIce:
1127'" Street NE
Rochester, MN 55906
Phone: 507-282-2100
Fax: 507-282-3100
o Wlllmar OffIce:
205 5th Street SW
Willmar, MN 56201
Phone: 320-214-9557
Fax: 320-214-9458
o St. Cloud OffIce:
3721 23"' Street S
SI. Cloud, MN 56301
Phone: 320-251-4553
Fax: 320-251-6252
o Grayslake OffIce:
888 East Belvidere Road
Grayslake, IL 60030
Phone: 847-54SH6774
Fax: 847-54SH6979
n =:roo
-=- AnderIik &
1\11 AssocIates
Engjneers" Architects
. Memo
is a critical site for storage within the Middle Creek drainage area. We have had problems with acquisition of land for this restoration
and would anticipate that the Farmington Lutheran Church would have the same problem. It may not be realistic to have them try to
acquire land for restoration. We hope to continue to pursue the restoration of wetlands within the City so a Wetland Bank will soon be
available.
3. Our records indicate the City of Farmington has worked to establish a wetland bank within the Middle Creek sub -watershed
as part of the 195'h Street Improvements. The use of these wetland credits should be evaluated under this proposal.
Response:
We had initially anticifated wetland banking credits would be available from this project, however when we constructed a portion of a
trail as part of the 1951 Street improvement project most of our credit was utilized. Once wetland monitoring has been completed and
approvals are received we will now if there are additional credit available.
Recommendations
The following are recommendations for the applicant as a condition of or prior to approval:
I. The applicant should be required to modify the grading to insure the fringe areas of the wetland will not be drained this
will require pulling the 901 contour out to the delineated wetland edge.
2. A landscaping plan that shows how the excavated wetland will be revegetated should be provided. We do not
recommend bringing back the top foot of topsoil as a seed source due to it containing reed canary grass seed. Soil below
the top I ~foot will likely not contain reed canary grass.
. 3. The applicant has indicated that oak trees have limited the mitigation on-site. We agree with this statement but note that
the grading plan currently shows excavation outside the delineated wetland boundary so it appears that the wetland will
be expanded on-site and could provide some mitigation. It also appears that additional expansion could occur without
impacting oak trees.
It is recommended that the applicant consider obtaining as much wetland mitigation credit on-site as possible without
impacting the oak trees. We feel that this would partially address the SWCD and our concerns about the location ofthe
replacement site. Weare allowing most of the mitigation to occur off-site due to the fact the applicant has indicated a
desire to protect the oak trees on-site. It is recommended that a protective easement be placed around the oak trees they
propose to preserve so the City is insured that they will not be removed.
If replacement is received from expansion along some of the fringe of the wetland we could allow the applicant to claim
credit for a buffer preserved around the wetland ifit has an average width of25 feet. The Wetland Conservation Act
will allow the applicant to receive mitigation credit for the buffer but it cannot exceed the amount of wetland
replacement provided on-site. This would be another way to place some of the oak trees and ground cover under a
protective easement.
. Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonestroo.com
o St. Paul OffIce: o Milwaukee OffIce: o Rochester OffIce: o Wlllmar OffIce: o St. Cloud OffIce: o Grayslake
OffIce:
2335 West Highway 36 1516 West Mequon Road 1127'" Street NE 205 5th Street SW 3721 23rd Street S 888 East Belvidere
Road
S1. Paul. MN 55113 Mequon. WI 53092 Rochester. MN 55906 Willmar, MN 56201 Sl Cloud. MN 56301 Grayslake. IL 60030
Phone:651~36-4600 Phone:262-241~ Phone: 507-282-2100 Phone: 320-214-9557 Phone: 320-251-4553 Phone: 847-548-
6774
Fax: 651~36-1311 Fax: 262-241-4901 Fax: 507-282-3100 Fax: 320-214-9458 Fax: 320-251-6252 Fax: 847-548-6979
.
DAKOTA COUNTY SOIL AND WATER
CONSERVATION DISTRICT
Dakota County Extension and Conservation Center
4100 220th Street West, Suite 102
Farmington, MN 55024
Phone: (651) 480-7777 FAX: (651) 480-7775
www.dakotaswcd.org
December 16, 2002
City of Farmington
Attn: Ms. Lee Smick
325 Oak Street
Farmington, Minnesota 55024
REF: 02-FRM-071
RE: Wetland Permit Application - Farmington Lutheran Church
Dear Lee:
In accordance with the Minnesota Wetland Conservation Act (WCA) we have reviewed the wetland
permit application submitted for the proposed Lutheran Church development in the NW 14 of the SW 1;4
Section 25, City of Farmington. The proposed plan involves 17.66 acres ofland and includes the
construction a new church facility, parking lot, and access driveways. This project is located within the
Middle Creek sub-watershed of the Vermillion River.
.
Direct impacts proposed include the elimination of 27,350 feet (0.63 acre) of seasonally flooded wetland
(Type 1) for the construction of a second driveway access off Akin Road. The applicant considers this
wetland fill necessary since two access points to this parcel were constructed during improvements to
Akin Road, the applicant was assessed for both driveways, and the City of Farmington is requesting that
both driveways be constructed. Moving the second driveway to an alternate location would result in the
loss of significant oak trees and possibly create a safety issue with other access points off Akin Road.
Wetland replacement within the project site is not considered feasible due to constraints of the property.
Revised WCA Rule in August of 2002 allows replacement for this wetland to occur within adjacent
watersheds or adjacent counties as the affected wetland. Previously it allowed wetlands to be replaced
only within the affected County or watershed. Based on this recent change in WCA rule and the on-site
constraints of the applicant, we have no critical concerns or objections to this specific proposal.
However, we do have the following fundamental comments to the siting of replacement wetlands:
1. Page 3 of the Application indicates that the affected wetland and the Rice County wetland bank
are located in the same major watershed (Cannon River - #39). This is inaccurate. As mentioned,
the project site is located within Middle Creek of the Vermillion River, part of the Mississippi
River Watershed under WCA rule.
.
2. We are aware of existing flooding concerns within the Middle Creek sub-watershed area. Land
use within this sub-watershed is currently less than 10% developed but future development is
proposed throughout the Middle Creek drainage area. Farmington's approved Wetland
Management Plan includes an inventory of wetland restoration opportunities. We should be
evaluating these opportunities to avoid replacing wetlands outside of the Vermillion River
Watershed. .
Over
AN EQUAL OPPORTUNITY EMPLOYER
.
.
.
3. Our records indicate the City of Farmington has worked to establish a wetland bank within the
Middle Creek sub-watershed as part of the 195111 Street improvements. The use of these wetland
credits should be evaluated under this proposal.
Please note that for Replacement Plan Applications affecting more than 10,000 square feet, an invitation
to submit comments and a notice of your decision must also be submitted to the local watershed
management authority, in Farmington's case the Vermillion River Watershed Joint Powers Organization.
Future correspondence can be sent directly to the Dakota County Government Center at 14955 Galaxie
Avenue in Apple Valley.
We appreciate the early coordination by members of the Farmington Lutheran Church to discuss the
constraints and challenges associated with this proposal. We strongly encourage wetland replacement
within the same watershed to the extent feasible and appropriate. If you have any questions or would like
to discuss wetland banking opportunities you can reach me at (651) 480-7777.
Sincerely,
~ tJ4~
Brian Watson, District Manager
Dakota County Soil and Water Conservation District
Cc:
Farmington Lutheran Church
Howard R. Green Company
Tom Mings, BWSR
Tim Fell, U.S. Army Corps of Engineers
John Smyth, Boonestro and Associates
Lynn Thompson, Vermillion River Watershed Joint Powers Organization
.
.
.
*0
Planning Commission Minutes
Regular Meeting
June 11, 2002
lV. The structure be painted to match the exterior of the existing home (see Section
4-5-5 (C) 2: Residential Performance Standards: Accessory Buildings.
APIF, MOTION CARRIED.
Chairman Rotty introduced the conditional use permit application to construct a church in
an R-1 (Low Density) Zoning District for the applicant Farmington Lutheran Church.
Planner Schultz presented the staff report.
Chairman Rotty asked if there were any additional comments from the applicant. Ann
Kuntz, Station 19, stated that all issues address by staff could be addressed. Ms. Kuntz
and the Commission discussed that 150-foot turning lane needed. Schultz stated that he
would verify with Shelly Johnson the comments of the requested turn lane.
Chair Rotty asked if there were any questions or comments from the public. There were
none.
Rotty requested questions and comments from the Commission. Commissioner Rotty
stated that even though there were be some minor impacts such as traffic, it would not be
different from any other church located with any other residential neighborhoods. The
other Commissioners agreed in that they did see any major issues related to the proposed
church.
The Commission and staff brietly discussed the issue involving the future dedication of
the roadway and the need to negotiate with the property owner to the south the remaining
right-of-way dedication. Chair Rotty asked if the issue could be addressed at the time of
platting. Schultz responded that it could.
MOTION by Johnson, second by Heman to close the public hearing. APIF, MOTION
CARRIED. MOTION by Heman, second by Larson to approve the conditional use
permit application to construct a church within an R-I zoning district contingent upon the
following:
1.
11.
m.
The applicant plat the property within 90 days of approval of the CUP;
Any recommended changes based on the review of the Engineering Department;
Required changes addressed by the City's consulting Traffic Engineer Shelly
Johnson:
a. Need left and right turn lanes along Akin Road at the future public road;
b. Need a minimum of ISO-feet for the right turn lane onto Akin Road;
c. Proposed 24-foot street width is too narrow for a future public street;
d. Suggests painted crosswalks from parking lot to church entry, depressed curbs
for handicap accessibility;
e. One way drop off design or signage indicating one way.
APIF, MOTION CARRIED.
8.
Chairman Rotty introduced the variance application from Farmington Lutheran Church to
exceed the maximum height by 12 feet - 8.5 inches with proposed church facility.
Planner Schultz presented the staff report. Schultz explained that the City recently
changed the maximum height requirements within the R-l district, reducing it from 45
.
.
.
Planning Commission Minutes
Regular Meeting
June 11, 2002
Rotty asked if there were any questions or comments from the Commission. The
Commission felt there the applicant's proposed structure met at least two of the
requirements to grant a variance. .
MOTION by Johnson, second by Larson to close the public hearing. APIF, MOTION
CARRIED. MOTION by Barker, second by Johnson to approve the variance
encroachment of .68 feet with the proposed deck. APIF, MOTION CARRIED.
6. Chairman Rotty introduced the special exception application to move a garage structure
across public rights-of-way for the applicant Tim Young.
Associate Planner Schultz presented the staff report.
Chairman Rotty asked the applicant if he had anything to add to the staff report. Mr.
Young stated that he did not have any issues with any of the staff contingencies other
than the recommendation of closing off the access to Ash Street.
The Commission, staff and the applicant discussed the issue of closing off the access to
Ash Street and the current access from 3'd Street. Rotty stated that the Commission
would consider the request.
Chair Rotty asked if there were any questions or comments from the public. There were
none.
Rotty asked if there were any questions or comments from the Commission.
Commissioner Heman asked if the County would close off the access when Ash Street
would be reconstructed. Planner Smick stated that the County has reviewed the current
accesses along Ash Street and would seek closing off the driveway access.
Commissioner Larson asked if this issue were discussed when Greg Young was seeking
the variances (for the lot split). Smick stated that the driveway issue was discussed
during the variance permit review.
Discussion continued over closer of the driveway access to Ash Street and Dakota
County's role in closing off accesses during the reconstruction of Ash Street. The
Commission agreed to allow the County to deal with the access issue when Ash Street is
reconstructed.
MOTION by Johnson, second by Barker to close the public hearing. APIF, MOTION
CARRIED. MOTION by Johnson, second by Barker contingent upon the following:
1.
The applicant or the applicant's contractor submit a surety in the amount
determined by the City Engineer to ensure against damages to the public right-of-
way;
That the garage be placed on a permanent foundation in the location indicated on
the site plan;
That a driveway be constructed, meeting City Code standardS"- (concrete or
bituminous surface) from Third Street only, to be completed within 45 days upon
moving the structure onto the property;
n.
lll.