HomeMy WebLinkAbout05.08.01 Planning Packet
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CITY OF FARMINGTON
PLANNING COMMISSION AGENDA
Regular Meeting
May 8, 2001 at 7:00 P.M.
1.
CALL TO ORDER
2.
APPROVAL OF MINUTES
March 27, 2001
a)
b)
April 10,2001
3.
PUBLIC BEARINGS
a)
Bristol Square 1 ~t & 2nd Addition Replat
Applicant: Jim Allen
c)
Application for Variance, Encroach Required Distance between Accessory Storage
Building and Principal Building
Applicant: Tom Leopardi -19069 Everest Path
c)
Conditional U selHome Occupation Permit - Gunsmith
Applicant: Tim Thirion - 18005 Empire Trail
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d)
Petition to Rezone the Wilson Property from R-l (Low Density-Residential) to R-3 pun
(High Density Residential Planned Unit Development)
Applicant: Steve and Nancy Wilson - 5200 W. 203rd Street
e) Petitions to Amend the Comprehensive Plan and Rezone the David Finnegan, Bernard
Murphy and Molly Murphy Property (continued)
4. DISCUSSION
a) Middle Creek 3rd Addition Final Plat
Applicant: Arcon Development and D R Horton
5. ADJOURN
Planning Chair:
Planning Commissioners:
City Staff:
Dirk Rotty
Todd Larson, Chaz Johnson, Ben Barker, Dan Privette
David L. Olson, Community Development Director
Lee Smick, Planning Coordinator
Michael Schultz, Associate 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
Michael Schultz !1t ()
Associate Planner F
FROM:
SUBJECT:
Bristol Square I sl & 2nd Addition Replat
Applicant: Jim Allen
DATE:
May 8, 2001
INTRODUCTION
The applicant, Jim Allen of Allen Homes, is seeking Planning Commission approval to replat portions of
both the Bristol Square 1 sl and 2nd Additions. The applicant is seeking the replat in order to accommodate
an alternative design and floor plan oftownhomes that are narrower but deeper than the originals.
Planning Division Review
Applicant:
Jim Allen
Allen Homes
12433 Princeton Ave
Savage, MN 55378
Complete Plat
Application Received:
April 15, 2001
Referral Comments:
1. Lee Mann, Director of Public Works/City Engineer
Attachments:
1. Application
2. Location Map
3. Bristol Square Replat
4. Bristol Square 1 Sl & 2nd Additions
5. Elevation Drawings of Proposed Townhomes
Location of Property:
NEYt of the NWYt of Section 32, Township 114N, Range 19W,
Town of Farmington. East of Trunk Highway 3 and North of
2131h Street W.
Area Bounded By:
Single-family residential to the south and southwest, future
multi-family to the east and west, Light Industrial and the Prairie
Waterway to the north.
Existing Zoning:
R-3 (High Density)
Streets and Accesses:
Internal private roadways serve the development.
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Total Number of Proposed Units
Within Preliminary Plat:
173
Number of Proposed
Additional Units:
2 (for a new total of 175 units)
Total Number of Acres of
Development:
19.7 acres
Existing Density:
8.78 units per acre
Proposed Density:
8.88 units per acre
Permitted Density under R-3:
14.0 units per acre
Additional Comments
Jim Allen, Allen Homes, has submitted for review the replat of portions of the Bristol Square 1 st and 2nd
Additions. The developer is proposing a new townhome design that requires slightly deeper and narrower
lots than were originally platted.
The replat is proposed for Lots 1 - 6, Block 1 and Lots 1 - 6, Block 2, Bristol Square 1 st Addition and
also Lots 1 - 7, Block 2, Bristol Square 2nd Addition. The proposed replat would result in an additional
two (2) lots being added to the original 173 unit development.
. Lot Layout/Building Setback
The developer is proposing 26' wide by 45' deep lots (for each townhome unit) to replace the original lot
dimensions for both the 1st and 2nd Additions that were 30' wide by 42.33' deep. The proposed changes
would result in a lot that is 4-feet narrower and a 2.67 feet deeper.
Under the proposed replat, one (1) unit will be added in the location of Lots 1 - 6, Block 2, of the 1 st
Addition and one (1) unit would be added in the location of Lots 1 - 7, Block 2, of the 2nd Addition.
The new townhome units would still meet the twenty (20) foot setback from the private drives. The
townhome buildings, proposed as part of the replat of lots 1 - 6 on Block 2, would be 2.67 feet closer
along 213 th Street W. if approved.
Engineering Comments
See attached Engineering comments.
Landscaping Plan
The developer's original landscaping plan proposed pine trees along the back side of the units along 2l3th
Street. Staff would recommend either constructing a six foot high privacy fence be along the southerly
property line and/or in addition to the pine trees installing over-story deciduous species to provide
additional screening. This recommendation is given to the fact that the proposed units will be split entry,
resulting in the living spaces above normal grade and due to their proximity to the trail and roadway
additional screening should be added.
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Additional Comments
The developer has not indicated if any changes will be made in the way of the preliminary plat in future
additions to accommodate the split entry style townhomes. Approximately 48% of the total number of
units have been platted as part of the I st and 2nd Additions; an additional 85 units will be platted within
future phases (this number may increase by 3 to 5 units dependent on the future city park location and the
possibility that the park location could be relocated across the road to the east).
ACTION REQUESTED
Staff recommends forwarding a recommendation of approval to the City Council for the replat of Bristol
Square 1 sl and 2nd Additions contingent upon the following:
1) Rename the submitted plat from Bristol Square 3rd Addition to Bristol Square 151 & 2nd Addition
Replat;
2) The developer make the necessary changes to the landscape plan concerning the addition of either a
six-foot wood fence and/or over-story trees for additional screening along 213th Street;
3) The developer submit a revised Preliminary Plat of the remainder of the Bristol Square development
if any changes are planned concerning revisions to lot dimensions to accommodate the split entry
model townhomes;
4) Any changes recommended by the Engineering Department.
cc: Jim Allen, Allen Homes
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TO: Mike Schultz, Associate Planner
FROM: Matt Stordahl, Engineering Division
SUBJECT: Bristol Square First and Second Additions Replat
DATE: May 4,2001
I have completed reviewing the revised plat that was submitted for Bristol Square and
have determined that there are no engineering issues at this time.
If you have any questions feel free to discuss them with me.
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Sincerely,
~~/
Matt Stordahl
Engineering Division
cc: File
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04/13/01 FRI 08:40 FAX 651 463 1611
APPLICATION FOR PLAT REVIEW
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CITY OF FARMINGTON
(4)002
DATE April 13th, 2001
PLAT NAME
(replat of Bristol 1st &
Bristol Square Third Addition ( Bristol 2nd
LOCATION
AREA BOUNDED BY
TOTAL GROSS AREA
ZONING DISTRICT(S) R3
NAMES & ADDRESSES OF ALL OWNERS James E. Allen 12433 Princeton Ave Savage
Sharon E. Allen 12433 Princeton Ave Savage
PHONE:
952-894-1473. 952-894-1890
NAME & ADDRESS OF LAND SURVEYOR/ENGINEER
Bohlen Surveying
PHONE 952-895-9212
NAMES & ADDRESSES OF ALL ADJOINING PROPERTY OWNERS AVAILABLE FROM:
ON:
PLAT REVIEW OPTION:
PRELIMINARY & FINAL TOGETHER:
PRE PLAT ADMINISTRATIVE FEE:
x
IN SEQUENCE:
PRE PLAT SURETY:
I HEREBY CERTIFY THAT I AM (WE ARE) THE FEE OWNER(S) OF THE ABOVE LAND, THAT THE
PERSON PREPARING THE PLAT HAS RECEIVED A COpy OF TITLE 11, CHAPTERS 1 THRU 5,
ENTITLED "SUBDIVISIONS" AND TITLE 10, CHAPTERS 1 THRU 12 ENTITLED "ZONING" OF THE
FARMINGTON CITY CODE AND WILL PREPARE THE PLAT IN ACCORD&~CE WITH THE PROVISIONS
CONTAINED THEREIN.
~g~
SIGNATURE OF OWNER
April 13th, 2001
DATE
ADVISORY MEETING:
1. SKETCH PLAN
2. STAFF AND DEVELOPER CONSENSUS
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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
Michael Schultz rvf)
Associate Planner ~-
FROM:
SUBJECT:
Application for Variance, Encroach Required Distance between Accessory Storage
Building and Principal Building
DATE:
May 8, 2001
INTRODUCTION
Thomas & Shauna Leopardi, 19069 Everest Trail, are seeking a five (5) foot variance to encroach toward
the house with an accessory structure; the minimum setback is ten (10) feet if not attached.
Planninf! Division Review
Applicant:
Attachments:
Location of Property:
Proposed Encroachment Distance:
Proposed Size of Accessory Building:
Curreut Land Use:
Zoning District:
Area Currently Bounded by:
Referenced Variances:
Thomas.& Shauna Leopardi
19069 Everest Trail
Farmington, MN 55024
1. Variance Application
2. Applicants site plan/details
3. Approved Grading Plan
4. Staff Pictures
5. Section 10-6-5: Accessory Storage Buildings
19069 Everest Trail
5 feet
120 square feet (10' x 12')
Single-family Residential
R-1PUD
Single-family Residential surrounds the property
Mark & Cassandra Hatten, 19073 Everest Trail
9-foot variance to encroach approved Dec. 2000
DISCUSSION
. The applicants, Thomas & Shauna Leopardi, are seeking the five (5) foot variance to the ten (10)
foot setback requirement for accessory storage buildings from dwelling units.
The applicant is claiming hardship on the property because of the existing berm in the rear of the
property, the thirty (30) foot front yard setback requirement within the Troyhill development and
the drainage patterns of the property, that a.
The lot was platted deeper than normally to accommodate for the fifty-foot setback along the
future 190th Street (minor arterial); the lot is 163 feet deep by 83 feet wide.
A thirty-foot front yard setback was required within the development, placing the homes further
back resulting in slightly smaller rear yards; coupled with a berm that was constructed
completely within the rear yard for the purpose of screening and buffering, further restricts the
use of the applicant's property.
The applicant also points out that the placement of the shed anywhere else on the property may
interrupt drainage patterns that run across the rear yard and south toward the front yard (see
property survey).
Both the City Fire Marshall and the City Building Official have reviewed the situation and have
recommended that the State Building Code be used in guiding the appropriate distance needed in
the variance. They state that the options that exist for the resident are (the two options below are
the same options given to Mr. & Mrs. Hatten concerning their variance application):
.
1. If the shed is to be less than 3 feet from the house, a one-hour fire wall separation must be
placed within both the house and the shed (resulting in 5/8" sheet rock be placed on both the
inside and outside walls of both structures and no openings within three feet of either wall).
2. The shed may be located as close as jive feet from the house with no requirement of firewall
separation, according to the State Building Code.
The following requirements need to be justified to allow the 5-foot variance:
I) Literal enforcement of this Title would result in undue hardship with respect to the property.
The property owners are restricted to the placement of any additional accessory structures
because of the topography and grading of their property.
2) Such unnecessary hardship results because of circumstances unique to the property.
The property owner's lot has a drainage swale that cuts through the middle of the property,
running from west to east; any placement of a structure within the swale may interrupt its
intended pattern,
.
3) The hardship is caused by provisions of this Title and is not the result of actions of persons
. presently having an interest in the property.
Section 10-6-5 of the City Code restricts accessory storage buildings to be located closer
than 10-feet to the dwelling unit,
4) The variance observes the spirit and intent of this Title, produces substantial justice and is not
contrary to the public interest.
The variance request observes the spirit and intent of the City Code in that the property
owner would be permitted the construction of an accessory building without directly effecting
the neighboring properties.
5) The variance does not permit a lower degree of flood protection than the flood protection elevation
for the particular area or permit standards lower than required by State law.
The site does not contain any flood plain.
City staff has reviewed the proposed location of the accessory storage building and because it has a "clear
area" of more than lO-feet from the house and because the garage has a fire wall separation from the
home.
.
City staff would recommend to the Planning Commission that the standards and requirements relating to
accessory storage buildings be considered for review during the Zoning Code Update.
ACTION REQUESTED
Staff recommends the Planning Commission approve the variance request granting an encroachment of
five feet to the dwelling unit.
Michael Schultz
Associate Planner
cc: Thomas & Shauna Leopardi
.
.
Location Map
Thomas & Shauna Leopardi Variance
19069 Everest Trail
EXCALI BUR TR
Sub'ect Propert
EVEREST TR
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PLANNING COMMISSION
MINUTES
Regular
December 14, 1999
1.
Chair Rotty called the meeting to order at 7:00 P.M.
Members Present: Rotty, Larson, Ley, Johnson
Members Absent: Dougherty
Also Present: Community Development Director Olson, Planning Coordinator Smick,
Associate Planner Schultz, Parks & Recreation Director Bell
2.
Chair Rotty requested comments on the November 9, 1999 Planning Commission
minutes. There were none. MOTION by Larson, second by Ley to approve the minutes
as amended. Roll Call: YES - Larson, Rotty, Ley; ABSTAIN - Johnson. MOTION
CARRIED.
Planning Commission agreed to move the public hearing for the Tim Giles/Silver Springs rezone
to the third public hearing item. Chair Rotty opened all scheduled public hearings at this time.
Planning Chair Rotty presented the variance application from Mark & Cassandra Hatten,
19073 Everest Path. Planner Schultz explained that the applicant is seeking a nine (9)
foot variance to encroach the accessory structure to within one (I) foot of the house, and
that the requirement is ten (10) feet. Schultz explained that the applicant is claiming
hardship due to:
a) the berm placed in the rear yard restricts placement of the structure;
b) the thirty foot setback required in the development reduces the rear yard space;
c) drainage patterns in the rear yard restrict placement of the shed;
d) depth of the house type was to be less than what was constructed, reducing the rear
yard space.
Schultz went on to explain the existing options available for the resident and in which the
Commission could base their decision on and the contingencies if approved.
Chair Rotty recognized Mr. Hatten who gave a brief explanation of the situation and his
position on the options available.
.Rotty asked for any questions or comments from the public. There were none. Rotty
requested comments from the Commission.
Rotty stated that he favors option #2 listed on the staff report. Rotty asked if this decision
would set any precedence? Schultz responded that the Commission has granted variances
in the past, but was not aware of the extent. Schultz recommended that if the ordinance is
to be reviewed that a five (5) foot minimum seems to be a standard seen in other
communities. Commissioners Ley, Larson and Johnson expressed that option #2 would
not be a concern.
MOTION by Larson, second by Ley to close the public hearing. APIF, MOTION
CARRIED.
.
L
Planning Commission Tytinutes
Regular Meeting
December 14, 1999
MOTION by Larson, second by Ley to grant a seven (7) foot variance to allow
placement of an accessory storage building three (3) feet from the principle structure,
contingent upon:
a) The applicant moving the structure to three (3) feet from the house within 120 days.
APIF, MOTION CARRIED.
4. Planning Commission Chair Rotty presented the conditional use permit application of
Wensco, Inc. to place an off-premise directional sign on City property.
.
5.
.
Planner Schultz presented the staff report explaining that the applicant is seeking the
permit to allow off-premise directional signage for the Cameron Woods project at a City
well house site located at the northwest corner of Pilot Knob Road and Euclid Path.
Schultz went on to state that the Commission has granted similar permits for the Nelsen
Hills Fann and Pine Ridge Forest developments contingent on approval of the City Water
Board. Schultz explained the Water Board had previous agreements with the respective
developers.
Rotty requested if the applicant had anything to add to the staff report. Tom Sand,
Wensco, Inc. replied that he did not have anything to add. Rotty asked for questions or
comments from the public.
Roxanne Mainz, 18941 Englewood Ct. - How far will the sign be placed off of the road?
Schultz responded that the sign would be placed a minimum of twenty (20) feet off the
property line.
Rotty asked if there were any more questions or comments from the public. There were
none. There were no further questions or comments from the Commission at this time.
MOTION by Ley, second by Johnson to close the public hearing. APIF, MOTION
CARRIED. MOTION by Larson, second by Johnson to approve the Conditional Use
Permit contingent upon:
a) Signage may not be erected until permission is granted by the Water Board;
b) The signs be installed as to not be easily toppled or stolen from the property;
c) The signs meet all setback requirements.
APIF, MOTION CARRIED.
Chair Rotty opened the public hearing set for the Tim Giles application to rezone the
property from R-l to R-3 and B-4.
Planner Schultz presented the staff report. Schultz stated that the applicant is seeking the
rezoning to allow for a professional commercial space on the corner of Pilot Knob Road
and 190ib Street and the R-3 to allow a three unit townhome to serve as a buffer between
the commercial and the single-family homes. Schultz indicated that the developer would
also dedicate a tot lot area, as requested by the Parks & Recreation Commission, at the
time of platting the property along 189th Street. Schultz pointed out the outlots were a
result of the redesign ofthe Pilot Knob Road and 190th Street area.
Chair Rotty requested any additional comments from the applicant. He had none at this
time.
Rotty opened up for questions and comments from the public.
2
.
CITY OF FARMINGTON
VARIANCE APPLICATION
Farmington, MN 55024
651-463-7111 FAX 651-463-1611
-- . ~ )
Applicant Name I i-iO' ~ - _~ f.({ {
Applicant Address lc('o'1~. ,,~~~~ II? €:;:IAI~/OA7
Street City
Phone Number (.;5/ - 4fOO - LfCj J3
Legal Description of Subject Property: (lot, block, plat name, section, township, range)
f-(')T if I BLDCk 3' I ~YI1ILL 4 mAD!)' TION
For office use
Permit Number
111,./ .
State
-- <:. '/'1 J..'f
jJv.
Zip Code
Current Land Use
~ Current Zoning District
. SpecificNatureofRequest/CI.~imedHardship: R6:qU~ST Yef?WfIC,[)jCJ~ in Di.l.It..t'\4 '3;o~c
;;;~~;I~~'~Tr :~-~; ~!;; rr~~ 't~=rTF.
SII€/)' '4wY~j..i' /ii~~E 'Of} 71IE "PP.'ffl1:1 '{)J,-;;:' ~~;.!.(~~ E ~n "r_;, - p...- _~-~~F
Al40 1'1';'1 C Aj,(5~ FLOOD/Ner. '
Following Attached: (please check) _ Proof of Ownership _ BoundarylLot Survey
_ Application fee (5150) _ Copies of Site Plan
_ AbstractIResident List (adjoining property owners only)
_ Torrens (Owner's Dublicate Certi cate of Title Required)
Property Owner's Signature ~~' ~.
Date ij- t9.~-Oi
For office use only t./
Request Submitted to the Plann~$ Commission on- ;) '-I - 0 I
Public Hearing Set for: .5 - ~ - 0 I Advertised in Local Newspaper:
.
L.j- ~~ -0 I
Planning Commission Action:
Comments:
_ Approved _ Denied
Conditions Set:
.
Planning Coordinator:
Date:
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EXIIIUII U
"BOt WII~L PLANT THE REQUInED TREES IN THE SPRING OR FALL FOLLOWING
COMPLETION OF CONSTRUCTION. HOWEVEn, BDI CANNOT GUAnANTEE WHICI-I
OF THE 5 SPECIES WILL BE PLANTED ON EACH LOT.
Aave seen this informalion and agree to its terms and
.'provide Ihis inrormation to my buyers. if applicable.
TROYHILL 4TH ADDITION PLANT LIST
-13r~Ji~,;, ~ I ~,
By /J /LI ~d_ /
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Date ~ - ) I -, '\
I<EY COMMON NAME BOTANICAL NAME SIZE
aTY
Summit Green Ash
Fraxinus pen.nsy.lvanica
lanceolala .Summit"
Cellis occidenlalis
Tilia x f1avescens
Acer saccharum "Legacy"
Acer platanoides
2.5" 88
2,5" BB
2.5" 88
2.5" 88
2.5" DB
Hackberry
linden
Sugar Maple
Norway Maple
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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:
Michael Schultz ^ /J
Associate Planner !?
SUBJECT:
Conditional Use/Home Occupation Permit - Gunsmith
Applicant: Tim Thirion
DATE:
May 8, 2001
INTRODUCTION
The applicant, Tim Thirion, has made application for a Conditional Use/Home Occupation
Permit involving the operation of gunsmithing out of the home. This is a revised application to
the one submitted in March that requested both gunsmithing and sale of firearms.
Plannin2: Division Review
Applicant:
Tim Thirion
18005 Empire Trail
Farmington, MN 55024
Attachments:
Application
Location Map
Applicant Information on chemicals
Planning Commission Minutes
City Council Minutes
1.
2.
3.
4.
5.
Location of Property:
Southwest corner of 180th Street and Empire Trail
Legal Description of Property:
Lot 18, Block 2 Dakota County Estates 1 st Addition
Surrounding Land Uses:
Single-family to the north, east and south, Pilot Knob Road
abuts the rear, single-family is across the road to the west.
Existing Zoning:
R-4 PUD
Comprehensive Plan:
Low/Medium Density
Off-street Parking:
Yes - two stalls in driveway
.
.
.
DISCUSSION
The applicant, Tim Thirion, is requesting Planning Commission approval for a Conditional
Use/Home Occupation permit to allow him to conducting gunsmithing within the home.
The operation of gunsmithing will involve scope mounting, bluing, rebarreling, bore sighting,
rechambering, fitting guns, attaching swivels and swings and also cleaning of firearms. Most of
the work will be completed on a workbench in the basement of the home; some use of chemicals
will be involved.
The applicant has submitted product information to the type and amount of chemicals to be used
in the gunsmithing process (an asterisk next to the product indicates the product to be used along
with the applicant's notes on product waste).
Safety Measures
The applicant has indicated that he will have all guns inside of the house secured within a gun
safe, the home already has been installed with a home security system and a six-foot high wood
fence exists along the rear yard of the home.
Operation
Mr. Thirion indicated that he would be available for gunsmithing from 9 a.m. to 2 p.m. and most
weekends. The applicant stated that he would be the only person working on any firearms and
has indicated that if the operation is successful that he would eventually move it to a storefront
and hire additional staff.
10-6-11: HOME OCCUPATIONS:
A home occupation is permitted as an accessory use if it complies with the requirements of this
Section following all procedures outlined for approval of a conditional use.
(A) The home occupation shall be conducted solely and entirely by persons who reside full
time in the home.
As stated above, the applicant has indicated that he would be the sole person working on
the operation
(B) The home occupation shall be conducted wholly within the principal or accessory
structures.
The gunsmithing would be conducted wholly within the home or attached garage.
(C) No structural alterations or enlargements shall be made for the sole purpose of
conducting a home occupation.
.
.
.
The applicant indicated that no structural alterations have or will occur for the purpose
of the home occupation.
(D)
Only one home occupation shall be permitted for each principal structure. (Ord. 086-177,
3-17-1986)
No conditional use/home occupation permit exists for this property.
(E) Exterior displays or signs other than a two-sided, two (2) square foot, nonilluminated sign
and exterior storage of materials and exterior indication of the home occupation or
variation from the residential character of the principal structure shall not be permitted.
(Ord. 089-217, 7-6-1989)
The applicant has indicated that he will likely not have any signage displayed for his
business.
(F) The activity does not involve the manufacture, assembly or distribution of goods and the
activity does not deal with the general retail public. (Ord. 086-177, 3-17-1986)
The activity of gunsmithing will not involve the manufacturing, assembly or distribution
of goods and does not deal with the general retail public. The applicant has indicated
that a majority of his clients will originate from his current employment and through
word or mouth.
ACTION REOUESTED
Determine if the operation of gunsmithing is acceptable under the City's Home Occupation
ordinance (Section 10-6-11) and recommend any necessary conditions as acceptable.
,R,e"spect"ful~~ su,,~mi,tt,~d' , i.J. ,,1
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Michael Schultz
Associate Planner / "
cc: Tim Thirion
.
.
.
March 27,2001
City of Farmington
325 Oak Street
Farmington, MN 55024
Attn: Michael Schultz, Associate Planner
RE: Conditional Use Permit Application
Applicant's Name: Tim Thirion
Our File No. 6320-18833
Dear Mr. Schultz:
I desire to amend the Application that I submitted to state that I do not desire to have any
"distribution of goods" within the meaning of Section 10-6-11(F). Specifically, I would propose
not to offer the sale of firearms through the process of a mail-order catalog and desire solely to
operate the gunsmithing portion of the business. Further, to alleviate any resident concerns, I
would agree, as a condition to the issuance of the permit, that I would not post any signage on
the exterior of my home indicating that I provide gunsmithing services.
In light of these amendments, I believe that my Application fits squarely within the parameters of
Section 10-6-11 (F). Thank you for your assistance in process the Application.
Very truly yours,
~ ~.. y~ '-"'::..-
Tim Thirion
.
CITY OF FARMINGTON
CONDITIONAL USE PERMIT APPLICATION
Farmington, MN 55024
651-463-7111 FAX 651-463-1611
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Applicant Name (please print) ~I ~ ~ /01]./
Applicant Address /' PeA::> ~ c:- rl.R~ M Aj 'j
Street City
Phone ~~/) '/6c:J~/ ;..;27 Fax ( )
Legal Description of Subject Property: (lot, block, plat name, section, township, range)
For office use
Penn it Number
,q,U
State
))"/0;;"'1
Zip Code
Current Land Use AJ / ~ /1./.,4,4 / Current Zoning District
.Specific Nature of Request: co/Vc;:I'; '11;;rv~/ //LL- .t2t7~rnIT' ;;~- ~",-.,-",./,.,;/i J1
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lease check) _ Proof of Ownership _ Boundary/Lot Survey
_ Application fee _ 6 Copies of Site Plan
_ AbstractlResident List *(required 350' from subject property)
_ Torrens (Owner's Dublicate Certificate of Title Required)
ature ~~ ~R l/"V ,
Date 7"'-/'-- 0/
Applicant's Signature
Date
For office use only
Request Submitted to Planning staff on /j -/9 - 0/
Public Hearing Set for: S - Sf' - 01 Advertised in Local Newspaper: ~ - ~ f - 0 I
Planning Commission Action: _ Approved _ Denied
City Council Action (if necessary): _Approved _ Denied
Comments:
Conditions Set:
.
Planning Coordinator:
Date:
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Planning Commission
Minutes
Regular Meeting
March 13, 200 I
1.
Chair Rotty called the meeting to order at 7:00 P.M.
Members Present: Rotty, Larson, Johnson, Barker
Members Absent: Privette
Also Present: Lee Smick, Planning Coordinator; Michael Schultz, Associate Planner
2.
Chairman Rotty called the meeting to order at 7:00 P.M.
Planning Chair Rotty introduced the public hearing for a Conditional Use/Home
Occupation permit for Tim Thirion who is proposing a gunsmith and sale of firearms
operation.
Associate Planner Schultz presented the staff report. Schultz explained that applicant is
proposing to operate a gunsmithing business and to deal firearms out of his home.
Schultz explained that the applicant would be concentrating on the gunsmithing portion
of the business but is also proposing to do background checks for sale of firearms in mail
order catalogs. Planner Schultz explained that the applicant would need permission from
the Bureau of Alcohol, Tobacco and Firearms but is dependant on local approval. Also
the applicant has taken safety precautions in having a home security system installed and
will be ordering gun safes, no ammunition of firearms will be stored on-site. Schultz
indicated that the activity, as noted within home occupations ordinance, would involve
the distribution of goods with the sale of firearms.
Chairman Rotty asked if the applicant would be required to file for a variance for the
distribution of goods. Schultz stated that the City Attorney has recommended that a
variance should be required and that the Commission could split the two proposed uses if
necessary. Schultz added that the Commission could add contingencies to the variance at
the time of the hearing.
Chairman Rotty requested if the applicant had any additional comments to add to the staff
report. The applicant stated that they concur with the staff report.
Tim Thirion approached the Commission. The applicant stated that he would be willing
to establish a delivery system with clients, minimizing traffic and the number of firearms
within the home. The applicant stated that gunsmithing would be the primary business.
The applicant added that delivery of the firearms would meet A TF requirements and then
would be locked within a gun safe.
Chairman Rotty requested any public questions or comments.
Jamie Woodis, 18085 Empire Trail: Presented a petition against the proposed home
occupation. The resident stated concern of traffic generated in the residential area for the
21 children in the neighborhood. The resident added that it was the opinion of a home
realtor that the use could have an impact on home values if business signs are present.
The use should be located within a business zone and not a residential neighborhood.
.
Planning Commission Minutes
Regular Meeting
March 13,2001
Dennis Kline, 18050 Empire Trail: Expressed concerned over the generation of
additional traffic in a neighborhood with no sidewalks, The resident added that it is
required to disclose that information of the existence of firearms dealer in the
neighborhood and could result in a reduction of value between $10 to $15,000, Added
that ample retail space is available for this business.
Joe Bellotti, 18030 Empire Trail: Asked the applicant if a plaque needs to be displayed
on the house identifYing that he is an FLL dealer. The applicant responded that it only
needs to be displayed somewhere within the home, the license itself needs to be displayed
by the workbench area.
Angela Kline, 18050 Empire Trail: Stated that they talked with several real estate
attorneys that the existence of that business needs to be disclosed and that she herself
would not want to live in that neighborhood with a gunsmith and dealer present.
Kimberlee Simonis, 18135 Empire Trail: Stated that she didn't receive notification of
the public hearing. Chairman Rotty explained that State Statute requires 350 feet for
notification. The resident stated that this proposal would effect more than (those people
notified), especially the increase in traffic and the recent concern in the violence in
schools.
Karla Tripp, 18025 Empire Trail: Expressed concern over the existing amount of
traffic and any additional traffic generated.
.
Chairman Rotty asked if there were any more public testimony at this time. There were
none. Rotty requested questions and comments from the Commission.
Commissioner Larson asked the applicant if it is true that the anticipated sale would be
one gun per week. Mr. Thirion responded that it would one to two customers per week,
and that it is side business to his full time job and does not plan to advertise or inflate this
into a large business; business would be spread word of mouth. The applicant added that
he would attempt to keep traffic to a minimum and would advise customers to enter off
I 80th Street since he lives on a comer lot. Mr. Thirion added that he has adopted a policy
not to sell firearms to anybody under the age of 18.
Commissioner Larson asked if one gun per week is realistic. Mr. Thirion responded that
he would have 6 or 7 customers to order but has a number of requests to repair guns.
Commissioner Larson asked if he is presently conducting this business. Mr. Thirion
replied no.
Commissioner Johnson requested if the concern of the residents is this proposed business
or any home occupation in general. The residents responded that it was this business.
Dialog continued between the Commissioner and the residents to receive a better
understanding of their concerns, Commissioner Johnson and the applicant discussed the
licensing process with the A TF and the process of ordering firearms. Commissioner
Johnson voiced concern over the firearms being brought in and out of the neighborhood
when being ordered.
.
Commissioner Barker asked the applicant the type of chemicals used when gunsmithing.
Mr. Thirion responded that chemicals are used when blueing or parkerizing process, a
spray-on coating is placed on the barrel and baked-on (with a home oven). The acid is
.
Planning Commission Minutes
Regular Meeting
March 13,2001
minimized to a 50-50 mix and is used as a acid dip and cleaning solvent and then goes
into a blueing tank which is heated over a propane heater at 500 degrees with the blueing
solutions and salts to blue the barrels.
Commissioner Barker asked the residents if they had concern over the gunsmithing or
dealer of firearms aspect of the business or both. The residents essentially responded that
it was both.
Commissioner Johnson added that there is some irrelevance if it were the applicant or just
a neighbor were to own (numerous) guns within a home with ammunition but did voice
concern over the use of chemicals within the home.
Commissioner Larson responded that the concern of the residents lies within the
disclosure of the home occupation and effects of home value. Commissioner Johnson
agreed.
Chairman Rotty stated that there appears to be a great concern among the neighbors due
to turnout for a home occupation permit and that it is one of "filters" used in gauging the
impact on the neighborhood. Rotty added the request of the applicant does not entirely
meet the requirements of the home occupation ordinance, specifically the distribution of
goods, along with the public testimony, would recommend denial ofthe home occupation
permit.
The Commission agreed to the recommendation and the reasons stated adding the
concern of the use of chemicals.
.
MOTION by Barker, second by Johnson to close the public hearing. MOTION by
Johnson, second by Barker to deny the application for a conditional use/home occupation
permit. APIF, MOTION CARRIED.
Associate Planner Schultz reminded the Commission, applicant and residents that there is
a process of appeal, indicating the number of days in which it would need to be filed.
4. Chairman Rotty introduced for discussion concerning the 2005 MUSA Review
Committee. Planning Coordinator Smick presented an update to the Commission of the
2005 MUSA Review Committee process. Planner Smick requested the availability to
schedule a workshop. The Commission agreed to schedule a discussion/workshop at the
special Planning Commission meeting on March 27th.
5. There being no further business the Commission agreed to adjourn at this time.
Respectfully submitted,
Michael Schultz
Associate Planner
Approved
.
Council Minutes (Regular)
April 16,2001
Page 3
.
-f- oj
.
.
specifications and authorizing the advertisement for bids. APIF, MOTION
CARRIED.
b)
Consider Easement Vacation - Vermillion Grove - Community Development
As part of the platting process for the approved Vermillion Grove subdivision, the
City needs to vacate.an access easement from 19Sth Street that provides access for
the existing driveway to the City's property. The easement in question was
acquired as part of the purchase of the City's facilities site to allow access from
195th Street. The easement is no longer needed since Vermillion Grove and the
City's property will replat the roadway, MOTION by Verch, second by Cordes
to close the Public Hearing. APIF, MOTION CARRIED. MOTION by
Cordes, second by Verch adopting RESOLUTION 37-01 vacating the described
portion of the access easement in the Vermillion Grove development. APIF,
MOTION CARRIED.
Appeal of Home Occupation Permit - Community Development
The applicant, Mr. Tim Thirion, 18005 Empire Trail, has filed an appeal of the
Planning Commission's decision to deny the application for a Conditional
Use/Home Occupation permit involving gunsmithing and sale and distribution of
firearms. Public testimony was taken from citizens at the Planning Commission
public hearing whose concerns centered around increased traffic into the
neighborhood, public safety with the presence of firearms within the
neighborhood, and decreased home values from the presence of such a home
based business. The Planning Commission voted to deny the Conditional
Use/Home Occupation based on the following Findings of Fact:
1. The Planning Commission cited the fact that the proposed home
occupation was contrary to what is allowed under Title 10, Chapter 6,
Section 11: Home Occupations dealing with the "distribution of goods"
and dealing with the "general retail public" involving the sale and
distribution of firearms.
2. The use of chemicals in the process of bluing and other gunsmithing
techniques could be hazardous to the health, safety and welfare of the
public.
3. The concerns voiced by the neighborhood regarding the detriment to the
immediate health, safety, and welfare of the surrounding residents would
be jeopardized by increased traffic into the neighborhood. On March 27,
2001 the applicant submitted a letter revising his request of the home
occupation, limiting the use to only gunsmithing and not involving the sale
and distribution of firearms. The operation of gunsmithing will involve
scope mounting, bluing, rebarreling, bore sighting, rechambering, fitting
guns, attaching swivels and swings and also cleaning of firearms. Most of
the work will be completed on a workbench in the basement of the home;
some use of chemicals will be involved.
Council Minutes (Regular)
April 16, 20m
Page 4
Council had the following options:
1. Affirm the decision of the Planning Commission to deny the Conditional
Use/Home Occupation Permit and indicate whether it agrees with the
findings of the Planning Commission or wishes to modify these findings.
2. Overturn the Planning Commission's decision to deny the Conditional
Use/Home Occupation Permit and indicate findings of fact to support this
decision.
3. Since the nature of Home Occupation Request is amended, Council could
refer the request back to the Planning Commission.
Councilmember Strachan stated it is his understanding people who sell firearms
must have a Federal Firearms License and there are different levels of these.
Does this license impact this situation and does it allow this to happen no matter
what the City does? City Attorney Jamnik stated it does not grant the land use
authority. A license is not required for repair and gunsmithing activities, only for
the sale of firearms. Councilmember Soderberg asked if there was any type of
disclosure required for this activity? City Attorney Jamnik stated there is no City
mandated disclosure requirements. There has been an evolution of common law
for realtors to disclose information to their clients. Councilmember Soderberg
asked if this type of activity has any documented decrease in land values. City
Attorney Jamnik stated he knows of no study of specific home occupations having
a significant impact on property values.
Mayor Ristow stated as the applicant has amended the application, he
recommended sending it back to the Planning Commission. Councilmember
Cordes agreed. Councilmember Strachan thought a statement was made at the
Planning Commission by a realtor stating this information has to be disclosed.
Residents stated it will lower their property values. Mr. Thirion referenced signs
in his new application. Councilmember Strachan stated if he were a resident in
that neighborhood, he would also have concerns. Mr. Thirion states he does not
intend to have signs. It can be stated in the Conditional Use permit that signs not
be posted. Councilmember Strachan would like more information on chemicals
used and how volatile are they. Councilmember Soderberg stated he is also in
favor of sending the request back to the Planning Commission. He then asked if
there is an additional fee to send this back to the Planning Commission or a
refund? Staff stated the fee paid for the appeal will be credited toward the re-
application.
Mr. Tim Thirion stated he amended the application to gunsmithing only and
omitted the sale of firearms. He agreed with sending the application back to the
Planning Commission.
.
.
Ms. Angela Kline, 18050 Empire Trail, stated if Council is sending it back to the
Planning Commission it does not do any good to comment, is that correct?TMayor Ristow stated if it goes back to the Planning Commission, yes. She then .
stated in the Pledge of Allegiance we stated justice and liberty for all. If that is
Council Minutes (Regular)
April 16, 2001
Page 5
.
.
9.
true, then how can one person in the neighborhood have more weight than the
whole neighborhood?
Ms. Anita Burress, 18110 Empire Trail, asked why it was not sent to the Planning
Commission when amended? The residents wasted their time coming.
Councilmember Strachan stated Council wanted to protect the rights of the
residents as well as the applicant. Councilmember Soderberg stated if Council
was to act on this tonight, he would vote to overturn the Planning Commission.
He would like to give the Planning Commission the opportunity to hear the
testimony again. He then asked if this process includes inspection of the home by
the Police Department. Police Chief Siebenaler replied he was consulted and his
concerns dealt with security in the home itself and the storage of weapons. The
applicant has a gun vault which exceeds what most homeowners owning weapons
have. Staff stated a home security system has been installed. The Police Chief
stated there is no restriction as to the number of firearms that can be stored in a
home. Councilmember Cordes stated she would like to know the type of
chemicals used and the method of disposing of them. Councilmember Soderberg
stated he would like to give the Planning Commission the opportunity to review
the amended application. He did not want to question the integrity of the
Planning Commission.
Ms. Cindy Hoyt, 18150 Empire Trail, stated the houses there are not very secure.
There are a number of teenagers in the area and a lot of increased traffic at night.
She is concerned if the information gets out about firearms being there, it would
become unsafe. She would like to know if there will be reloading or just
cleaning? They are concerned for their children and their property values.
MOTION by Strachan, second by Soderberg to close the Public Hearing. APIF,
MOTION CARRIED. MOTION by Soderberg, second by Cordes to send the
amended application back to the Planning Commission. APIF, MOTION
CARRIED.
AWARD OF CONTRACT
10.
PETITIONS, REQUESTS AND COMMUNICATIONS
a) MnDOT Speed Study Request - Akin Road - Engineering
With the turnback of Akin Road from the County to the City being finalized, the
City now has the ability to request a speed study on Akin Road. MnDOT has
indicated that a representative would be willing to attend a neighborhood meeting
with interested residents to discuss MnDOT's procedures and answer resident's
questions. Councilmember Strachan asked if there was a chance the speed limit
could go up? Staff does not feel that is likely.
.
Mr. Shelly Johnson, Traffic Engineer, stated the speed limit could be raised.
They look at land uses, driveways, schools and make recommendations regarding
.
.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.m.n.us
TO:
City Planning commis(jiJso on
Lee Smick, AICP
Planning Coordinator
FROM:
SUBJECT:
Petitions to Amend the Comprehensive Plan and Rezone the David Finnegan, Bernard
Murphy and Molly Murphy Property
DATE:
May 8, 2001
INTRODUcnON
At the April 10, 2001 Planning Commission meeting, the Commission reviewed petitions to amend the
Comprehensive Plan and Rezone the David Finnegan, Bernard Murphy and Molly Murphy properties east of
Akin Road, south of the proposed 19Sth Street alignment and north of the Riverside Estates development. By
the Commission's request at the April 10, 2001 meeting, the petitions for the properties were reviewed
together, therefore staff will continue to review the properties as a connected region because of their
significance to the City's transportation and sanitary sewer systems.
DISCUSSION
The three properties together total 285.86 acres. All three properties have petitioned a Comprehensive Plan
Amendment from Restricted Development to Low Density Residential and a Zone change to the R-l single-
family residential designation. The properties currently are designated C-I (Conservation) or A-I
(Agriculture) as shown on the attached map.
The Restricted Development area was envisioned to preserve natural areas, while creating passive and active
recreational areas and utilizing its location as a central gathering point between northern and southern sections
of the City. The Comprehensive Plan also addresses this area as the "Farmington Community Green"
connecting the northern and southern sections of the City thereby reflecting "conservation of the City's natural
assets, while providing sensitive design of residential uses and opportunities for recreational uses of all ages
and lifestyles."
At the Planning Commission meeting on April 10, 2001, the Commissioners requested a number of items be
reviewed before the Finnegan and Murphy petitions were reviewed by the Commission. The following are
issues that the Commission requested further discussion on:
1. Water Table
2. Surface Water
3. Transportation System
4. Sanitary Sewer
.
.
.
Water Table
Staff will provide a map from March 1, 1994 prepared by Hoisington, Koegler Group, Inc. showing the high
water table (0 to 4 feet below the ground level) in the City at that time. This map indicates that the
Finnegan/Murphy/Murphy area was within the mapped area that showed that the properties had a water table
between 0 to 4 feet below the ground level.
Surface Water
Erik Peters of Bonestroo Rosene Anderlik & Associates will be at the May 8, 2001 meeting to discuss the
1997 Surface Water Management Plan and any information pertaining to the FinneganlMurphy/Murphy area.
Transportation System
Shelly Johnson of Bonestroo Rosene Anderlik & Associates has recently prepared traffic scenario studies of
the Finnegan/Murphy/Murphy area and region to begin discussions concerning possible traffic circulation
patterns in this area. The attached memo from Shelly Johnson indicates that further detailed analysis will be
required to determine the most feasible scenario and an update to the 2020 Thoroughfare Plan based on the
approved scenario would be required.
Sanitary Sewer
Engineers at Bonestroo Rosene Anderlik & Associates have indicated that a gravity sanitary sewer could serve
the Finnegan/Murphy/Murphy area. However, further information from the Metropolitan Council needs to be
acquired and verified to determine the depths of the Apple Valley interceptor to ensure an adequate design of
the system.
Options
The following are possible scenarios for the Planning Commission to consider in reviewing the requested for
Comprehensive Plan Amendment and Zone change for the Finnegan/Murphy/Murphy properties.
Option 1
The Planning Commission approves the amendments to the Comprehensive Plan and Zone change and
recommends approval to the City Council.
Option 2
The Planning Commission determines that City initiated updates to the City's Comprehensive Thoroughfare
Plan, Comprehensive Sanitary Sewer Plan, Comprehensive Water Plan and Surface Water Management Plan
are needed before these requested amendments to the 2020 Comprehensive Land Use Plan are approved.
Therefore, the request for Comprehensive Land Use Plan Amendments and Zone changes would be denied for
the properties at this time and forward this recommendation to the City Council. Additionally, the Planning
Commission would forward a recommendation to the City Council to direct staff to begin preparing
performance standards and codes for the Restricted Development area to be integrated into the Zoning Code
Update.
2
.
.
.
Option 3
The Planning Commission forwards this requested Comprehensive Plan Amendment and Zone change with no
recommendation to the City Council and requests that a joint workshop be scheduled to discuss the issue
further.
ACTION REOUESTED
The Commission may wish to recommend approval of one of the above options or propose a different option
and forward this recommendation to the City Council.
R. espe~tfu. llY};bmi/7.
~~.
Lee Smick, AICP
Planning Coordinator
cc:
Roxy Maxa
Reid Hansen, Hansen, McCann & O'Connor, P.A.
Rod Hardy, Sienna Corporation
Bernard Murphy
Molly Murphy
3
.
.
.
Memorandum
TO:
Lee Smick
Planning Coordinator
FROM:
Shelly Johnson
DATE:
May 3, 2001
RE:
Thoroughfare Planning - Area East of Akin Road
North of20Sth Street
Our File No. 141-99-101
With the advent of potential property development of that is being called the Finnegan and
Murphy properties, in conjunction with the proposed Riverbend and Meadow Creek residential
development, it becomes apparent that the thorough fare plan for this area needs to be revisited
as a need for some collector roadways has become evident.
The beginning phase of this process is the provision of some alternative functional classification
planning for this area. We have created three alternatives for review by appropriate city staff.
These alternatives have certain elements that can be "pulled" from one and "inserted" on
another. In all cases, we are only showing new minor collectors and the major collectors remain
as shown on the existing thoroughfare plan. Weare requesting review and input regarding these
alternatives so that the process can allow for preferred alternative to be recommended.
The attached three alternatives have differences and that is the intent. Basically, we are looking
at providing three new minor collector connections to the 195th Street corridor east of Akin
Road. It is desirable to have two minor collector connections to Akin Road. It will be desirable
to have IS7'h from CSAH 31 to the new developments act as a minor collector. It will be
desirable to provide a minor collector from 20Sth Street northerly to the properties of Finnegan
and Murphy. There are a variety of alternatives to review. We look forward to receiving initial
comments so that we can begin to come closer to a preferred alternative that can be discussed
with appropriate city commissions and the City Council. We expect that a number of working
sessions will be required in order to receive input and to discuss concepts.
.
.
.
TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ciJarmington.mn.us
City Planning Commission
Lee Smick, AICP () ()
Planning Coordinator JJY
Petition to Rezone the Wilson Property from R-1 (Low Density-Residential) to R-3
PUD (High Density Residential Planned Unit Development)
May 8, 2001
Mr. and Mrs. Steve and Nancy Wilson, 5200 203rd Street West, Farmington, Minnesota have submitted a
petition to rezone their property from R-I (Low Density-Residential) to R-3 PUD (High Density Residential
Planned Unit Development). The proposed single-family development complies with the 2020
Comprehensive Plan, therefore no Comprehensive Plan Amendment is required.
Plannin!! Division Review
Applicant:
Attachments:
Location of Property:
Area Bounded By:
Existing Zoning:
Surrounding Zoning:
Existing Conditions:
Proposed Development:
Steve & Nancy Wilson
5200 W 203rd Street
Farmington, MN 55024
(651) 463-8311
1. Rezone Application
2. Location Map
3. Existing Zoning Map
4. 2020 Comprehensive Plan
5. Wilson Property Preliminary Plan
Located in the central portion of the Middle Creek development.
Construction area to the north, wetland to east, open space to south
and construction area to west.
R-1 Single-Family Residential
R-3 PUD High Density Residential Planned Unit Development
The property consists of a house and garage.
The proposed development consists of 9 single-family lots on a cul-
de-sac eventually to be connected to 203rd Street.
,
.
.
Lot Coverage and Sizes:
The maximum lot coverage for an R-3 PUD single-family zone is
25%. The minimum lot size for the development is 10,000 sq. ft.
The minimum lot width is 75 feet measured at the front yard setback.
All lots meet the minimum width and lot size.
Streets and Accesses:
The proposed road layout follows the plans approved in the Middle
Creek Preliminary Plat.
Sidewalks/Trails:
No sidewalks or trails are proposed within the proposed development.
Topography:
The property is relatively flat.
Wetland:
No wetlands exist on the property.
Parkland and Trails:
No parklands are proposed on the property.
DISCUSSION
The owners of the property, Steve and Nancy Wilson, are seeking to rezone their 4-acre property from R-l
(Low Density-Residential) to R-3 PUD (High Density Residential Planned Unit Development). The Wilson
property was originally left out of the Middle Creek Schematic PUD because the Wilson's had not determined
if they were interested in selling their property at the time of the original PUD approval. The property
surrounding the 4-acres owned by the Wilson's was rezoned to R-3 PUD on February 7, 2000.
The Wilson's are now seeking to rezone their property from R-l to R-3 PUD to conform to the surrounding
zoning of the Middle Creek development.
2020 Comprehensive Plan
The 2020 Comprehensive Plan indicates that the Wilson property is proposed for low density residential (see
attached). Since the proposed single-family residential development for the Wilson property complies with the
2020 Comprehensive Plan, no Comprehensive Plan amendment is required for the property.
Transportation
The jreliminary plan shows 9 lots arranged around a cul-de-sac that will eventually connect to the proposed
203r Street east/west minor collector. The cul-de-sac roadway width is proposed at 28 feet measured from
face of curb to face of curb.
No platting of the Wilson property may occur until the 203rd Street right-of-way has been platted from the
Middle Creek 1st Addition on the east to the existing connection of 203rd Street in the Pine Knoll development
on the west. Platting for the Wilson property would be considered premature because the platting of the right-
of-way has not occurred.
ACTION REQUESTED
Consider approval of the petition to rezone the Wilson Property from R-l (Low Density-Residential) to R-3
PUD (High Density Residential Planned Unit Development) and forward the recommendation to the City
Council.
.
.
.
Respectfully submitted,
Lee Smick, AICP
Planning Coordinator
cc: Steve and Nancy Wilson
Larry Frank, Arcon Development, Inc.
Don Patton, D R Horton
File
Location Map
Wilson Property Rezone
City
Facility
Site
N
W~E
S
.
City of Farmington
Zoning Districts
Location Map of Subject Rezone
A-I
Legend
,".I City Boundary
./' I MUSA Boundary
~oning Districts
A-1 (Agriculture)
_ A-2 (Agriculture Preserve)
B-1 (Limited Business)
B-2 (General Business)
B-3 (Heavy Business)
B-4 (Neighborhood Commercial)
C-1 (Conservation)
F-1 (Floodway)
F-2 (Flood Fringe)
F-3 (General Flood Plain)
_ 1-1 (Light Industrial)
_ PUD (Planned Unit Development)
R-1 (Low Density)
R-2 (Medium Density)
R-3 (High Density)
R-4 (Mixed Code)
N
w+,
s
last Amended April 3, 2000
ITl.'It:L:l
2020 Comprehensive Land Use Plan
Wilson Property
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Environmentally Sensitive in Undeveloped Areas N
Comprehensive Land Uses .
~ Urban Reserve
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., Business Park S
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c:=J Low/Medium Density
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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
Lee Smick, AICP () t1
Planning Coordinator Y
Middle Creek 3rd Addition Final Plat
May 8, 2001
Arcon Development, Inc., D. R. Horton, and Steve and Nancy Wilson have submitted the Final Plat for Middle
Creek 3rd Addition. The plat contains 20 single-family lots and 6 outlots on approximately 105.0975 acres of
land south of the Vermillion Grove subdivision, east of the 100-foot wide gas pipeline easement and Middle
Creek 1 st and 2nd Additions, west of the Briesacher property and Pine Knoll Subdivision and north of the
Farmington Industrial Park.
Plannin2 Division Review
Applicant:
Referral Comments:
Attachments:
Location of Property:
Arcon Development, Inc.
7625 Metro Blvd. Suite 140
Edina, MN 55439
(952) 835-4981
D. R. Horton
3459 Washington Drive, Suite 204
Eagan, MN 55122
(651) 256-7140
Steve & Nancy Wilson
5200 W 203rd Street
Farmington,MN 55024
(651) 463-8311
1. Engineering Comments
1. Final Plat Application
2. Location Map
3. Middle Creek 3rd Addition Final Plat
Located south of Vermillion Grove, west of Pine Knoll, north of the
Farmington Industrial Park and east of Middle Creek 1st and 2nd
Additions.
.
.
.
Area Bounded By:
Existing Zoning:
Existing Conditions:
Proposed Development:
Lot Coverage and Sizes:
Streets and Accesses:
Sidewalks/Trails:
Topography:
Wetland:
Parkland and Trails:
DISCUSSION
Construction area to the north, wetland and single-family to east,
industrial and open space to south and construction area to west.
R-3 PUD - High Density Residential Planned Unit Development
This portion of the development was approved by the City Council on
August 8, 2000 at the Middle Creek Preliminary Plat stage.
The Middle Creek 3rd Addition proposes single-family lots. The
remainder of the plat is made up of outlots.
The maximum lot coverage for an R-3 PUD Single-family zone is
25%. The minimum lot size for the development is 10,000 sq. ft.
The minimum lot width is 75 feet measured at the front yard setback.
All lots within the 3rd Addition meet the minimum width and lot size.
The 3rd Addition follows the road layout that was approved as part of
the overall preliminary plat. English A venue will connect to the north
through the Vermillion Grove development. Erickson Path and 203rd
Street will connect to the west through the Middle Creek 1 st Addition.
An 8-foot trail is proposed along the east side of English Avenue and
a 5-foot concrete sidewalk is proposed on the south side of Erickson
Path and 203rd Street.
The western portion of the plat consists of rolling topography while
the northeast portion consists of a DNR Protect wetland. The
southern portion of the plat also consists of rolling topography and
wetland in the south central area of the plat.
Wetlands exist in the northeast and south central portions of the plat.
Parkland is proposed in northeast portion of Outlot A and in the south
central portion of Outlot E.
The Developer is seeking Final Plat approval of the Middle Creek 3rd Addition which consists of 20 single-
family lots on approximately 105.0975 acres ofland.
Area Summary
The following is a summary of the acreages for each area:
Block 1
Block 2
Block 3
Block 4
Total Lot Area
Total Outlot Area
Total Right-of-Way
1.4115 acres
2.6024 acres
1.1347 acres
2.2888 acres
7.4374 acres
97.5323 acres
0.1278 acres
Total Area
. Transportation
105.0975 acres
The 3rd Addition will be accessed from the north through the proposed Vermillion Grove development on
English Avenue. This access is considered a north/south minor collector running the length of the site with a
jog along 203rd Street in the northeastern portion of the site. This roadway is proposed with a 70-foot right-of-
way width with a 38-foot roadway measured from the face of curb to the face of curb.
The second minor collector in the 3rd Addition is 203rd Street that intersects with Pilot Knob Road to the west
in the 1 sl Addition and is proposed with a 70-foot right-of-way and 38-foot roadway measured from the face of
curb to the face of curb. This roadway is shown as a future east/west minor collector on the 2020
Thoroughfare Plan. A majority of the traffic is expected to enter and leave the Middle Creek development
from this access.
Erickson Path is considered a local street with a right-of-way width of 60 feet and a roadway width of 28 feet
measured from the face of curb to the face of curb. This roadway connects with both English Avenue and
203rd Street to provide a neighborhood connection in the 1 sl and 3rd Additions.
Staff has reviewed the roadway accesses in the 3rd Addition and since there is adequate connections to the
north and west, 20 single-family lots may be adequately served by these proposed transportation routes.
Wetland Requirements
.
The City's Wetland Protection Ordinance requires a 75-foot buffer area adjacent to DNR Protect wetlands.
The Developer has agreed to plat a 50-foot wide outlot along the entire west side of the DNR protect wetland.
The Developer will also dedicate an additional 25-foot wide conservation easement next to the outlot in order
to protect the vegetative buffer along the wetland. This area will total to a 75-foot wide wetland buffer area
and assist in meeting the City Council's goals of managing the City's unique land and water resources.
Therefore, the 50-foot wide outlot will be platted as part of Outlot A and the 25- foot buffer area will be platted
as a drainage a utility easement at the eastern edge ofthe lots in Block 2 of the 3rd Addition.
Engineering
Engineering has completed their review of the plat for the 3rd Addition and has forwarded the comments to the
Developer's engineer. The engineering division requires the following:
I. Confine the drainage to rear and side lot easements. An easement must be provided for all drainage routes
(lots 1 to 4 block 4, lots 1 to 3 block 3, lot 6 block 2).
2, Changes to the construction plans during the review process may necessitate changes III the plat
easements.
ACTION REQUESTED
Consider approval of Middle Creek 3rd Addition Final Plat and forward the recommendation to the City
Council contingent to the above engineering requirements,
.
.
.
.
Respectfully submitted,
~.~
Lee Smick, AICP
Planning Coordinator
cc: Larry Frank, Arcon Development, Inc.
Don Patton, D R Horton
File
.
.
.
nll./A-c...
APPLICATION FOR+PLAT REVlr'-
DATE o/-f- 0/
PLAT NAME
~:clcld ~~ .71,;.) A2t.,(;~
NAME & ADDRESS OF LAND SURVEYOR/ENGINEER ,4'0"" ~c;
-.Or. . ~~~ $.~'V'.t..,h. /II AJ. SS" /2..0
/ ~ ~
NAMES & ADDRESSES OF ALL ADJOINING PROPERTY OWNERS ~VAILABLE FROM:
t;"",(P,.A.J~cf~., z..",.z '2 €4/~:S< -
PHONE {,.5/...., fl/ - /9/y'
..5<<
tt.~~;
ON:
PLAT REVIEW OPTION:
PRELIMINARY & FINAL TOGETHER:
~ -:-
, I~. SEQUENCE: r;A/,f<..
PRE PLAT SURETY:
A,,"
PRE PLAT ADMINISTRATIVE FEE:
'.. -". .-
I<J
e .300 -
I HEREBY CERTIFY THAT I AM (WE ARE) THE FEE OWNER(S) OF THE ABOVE LAND~ THAT THE
PERSON PREPARING THE PLAT HAS RECEIVED A COpy OF TITLE 11 ~ CHAPTERS 1 THRU 5 J
ENTITLED "SUBDIVISIONS" AND TITLE lO~ CHAPTERS 1 THRU 12 ENTITLED "ZONING" OF THE
FARMINGTON CITY CODE AND WILL PREPARE THE PLAT IN ACCORDANCE WITH THE PROVISIONS
CONTAINED THEREIN. -114lt~ l.f-~-.9(
SI~O~ ~JJL
t.;- y ,. () 1 4- 4 - 0 J
DATE
~$~~-o(
ADVISORY MEETING:
1. SKETCH PLAN
2. STAFF AND DEVELOPER CONSENSUS
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