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Home My WebLink About03.12.02 Planning Packet City of Farmington 325 Oak. Street Farmington, MN 55024 A Proud Past - A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers . AGENDA REGULAR PLANNING COMMISSION MEETING March 12, 2002 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) Febnuuy12,2002 3. PUBLIC HEARINGS a) Middle Creek East Preliminary Plat Applicants: D R Horton and Arcon Development ' fl) Middle Creek Estates Final Plat . Applicants: D R Horton and Arcon Development c) City Center Preliminary & Final Plat Applicant: Tom Wartman d) Ordinance Amendment - Title 4-3: Section 4-3-2 (A) Permitted Signs Section 4-3-3 (C) Advertising Signs 4. DISCUSSION a) Appeal of Zoning Decision - Car Wash Fence, 8_8th Street Appellant: Fred Conlan 5. ADJOURN Planning Commissioners: Dirk Rotty, Todd Larson, Chaz Johnson, Ben Barker, Bob Heman .ity.Staff: Kevin Carroll, Community Development Director Lee Smick, Planning Coordinator Michael Schultz, Associate Planner . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.fannington.mn.us TO: City Planning Commission FROM: Lee Smick, AICP Planning Coordinator SUBJECT: Middle Creek East Preliminary Plat DATE: March 12,2002 INTRODUCTION D R Horton and Arcon Development Inc. jointly propose to plat 185 lots on 79.2 acres located east of CSAH 31 and Middle Creek 1st, 3rd and 4th Additions, south of the proposed 203rd Street and DNR Protect wetland, west of the Pine Knoll subdivision and Middle Creek Estates, and north of Middle Creek and the Farmington Industrial Park. The property was rezoned to R-3 PUD High Density residential on February 7, 2000 with an amendment to include 35 acres to the south of the project approved on April 3, 2000. A negative declaration, stating that the project does not have potential significant environmental effects that warrant the preparation of an Environmental Impact Statement was accepted by the City Council on July 17,2000. The Planning Staff was informed late Friday. March 8. 2002. that land negotiations between the Developer and Bernard Murphv have stalled requiring a recommendation from staff to deny the Middle Creek East Preliminary Plat. Plannine Division Review Applicant: D R Horton Custom Homes Don Patton, Sr. Vice President 20860 Kenbridge Court, Suite 100 Lakeville, MN 55044 952-985-7824 Arcon Development, Inc. Larry Frank, Project Manager 7625 Metro Boulevard, Suite 140 Edina, MN 55439 952-835-4981 Referral Comments: 1. City Engineering Division 2. Minnesota Department of Natural Resources 3. Dakota County Soil and Water Conservation District Attachments: 1. Location Map 2. Application for Plat Review 3. Middle Creek East Preliminary Plat . . . Location of Property: East of CSAH 31 (Pilot Knob Road) and Middle Creek 1 S\ 3rd and 4th Additions, south of proposed 203rd Street and the DNR Protect wetland, west of Pine Knoll subdivision and Middle Creek Estates, and north of Middle Creek and the Farmington Industrial Park. Area Bounded By: Wetlands on the west and north, single-family residential and wetlands on the east, and the river and industrial park on the south. Existing Zoning: R-3 PUD Proposed Development: The Developer proposes multi-family development on the preliminary plat and is identified by the following categories: Multi-Family Residential Outlot A OutlotB Outlot C Outlot D OutlotE Outlot F Outlot G Outlot H Outlot I Outlot J Outlot K 185 Lots 10.35 acres 3.15 acres 0.3 7 acres 0.94 acres 10.28 acres 6.72 acres 1.38 acres 7.83 acres 3 s.f. 1973 s.f. 0.48 acres Wetland Park Dedication Right-of-way Pond Wetland Wetland Pond Future Development Right-of-way Monument Sign Pond Streets and Accesses: The development proposes both public and private streets. The public streets include 203rd Street, 206th Street and Street 1 running north/south. Both 203rd Street and Street 1 are designed as collector streets at 38 feet in width with a 70-foot right-of-way. 206th Street is designed as a local street at 28 feet in width with a 6O-foot right-of- way. The remaining streets on the plat are private and will be maintained by a homeowner's association. These streets are 22 feet in width. Water, Sewer & Gas: Water access is located at the newly constructed City water tower and will be required to be accessed from Vermillion Grove north of the site and sewer is available from the newly installed Middle Creek sanitary sewer line along the southern portion of the property. A 100- foot wide gas line easement runs north and south along the western edge of the plat. No structures may be located within the easement. SidewalkslTrails: Sidewalks and trails exist throughout the project. Sidewalks are located along the south side of 203rd and 206th Streets and along the west side of Street 1. Trails exist along the north side of 203rd Street and the east side of Street I. The trail along Street I will extend to the trail that runs on the north side of CSAH 50. . . . Topography: Site topography is rolling except along the western and eastern portions of the site where the wetland and drainage areas are located. Wetland: The wetland on the easterly portion of the site is identified as a protect wetland. The Protect wetland classification requires that structures shall not be placed within a minimum of 85 feet of the wetland. These wetlands exist in a largely unaltered state and have special and unusual qualities that call for a high level of protection. The wetlands along the westerly edge of the site are not classified. The Wetland Classification Map identifies this area as the pond boundary for the lOO-year storm event. Flood Plain: A floodplain exists on the westerly portion of the site. The City's engineer has conducted a floodplain study and the 100-year floodplain has been re-delineated to show a reduction in the floodplain limit to the north. Parkland and Trails: The Developer proposes a 2.06-acre park area on the southern portion of the site. This park will be combined with the 6.7-acre park dedicated in the Middle Creek Estates project. Additional Comments The Developer proposes to plat 185 multi-family units in 49 buildings on a 79.2-acre site within the Middle Creek East Preliminary Plat. Transportation Analysis The preliminary plat shows three accesses from the project. The first access is 203rd Street to the east and west. 203rd Street to the west will intersect with Pilot Knob Road and will intersect with Akin Road to the east providing an east/west corridor meeting the requirements of the 2020 Thoroughfare Plan. 203rd Street is considered a minor collector street and is proposed with a 70-foot right-of-way width with a 40- foot roadway measured from the back of curb to the back of curb. A resolution to the construction of 203rd Street adjacent to the Daniel McCarthy property (5014 W. 203rd Street) has been proposed. As stated in past staff memos, an 80-foot wide City easement exists to allow the continuation of 203rd Street to the east, however, upon review of the 1971 easement it was apparent that McCarthy's well and a portion of his home encroached into the easement. Negotiations continue with this issue, however, the need to provide an east/west corridor has generated a temporary solution to the roadway alignment. As shown on the plan, the Developer proposes a 20-foot wide lane on the north side of 203rd Street and a 15-foot wide lane on the south side. This will provide a 19-foot wide separation between the road edge and the comer of the McCarthy house and still maintain the roadway within the City's 80-foot wide easement. Upon any development of the McCarthy property in the future, the southern lane would be increased to full City standards of 38 feet in width. A sidewalk is shown on the south side and a trail is shown on the north side of 203rd Street. The second access is 206th Street that connects to Pilot Knob Road to the west. This access is considered a local street and is proposed with a 60-foot right-of-way width with a 30-foot roadway measured from the back of curb to the back of curb. City standards require that a sidewalk be located on one side of this local street. A sidewalk is shown on the south side of 206th Street. . . . The third access is Street 1 that will connect with 203rd Street on the north and is proposed to connect with 208th Street on the south. The roadway is considered a minor collector and is proposed with a 70-foot right- of-way and 40- foot roadway measured from the back of curb to the back of curb. This roadway is proposed to connect with 208th Street to the south and allow access through the Farmington Industrial Park to CSAH 50. In the future, 208th Street will connect with Pilot Knob Road on the west and Akin Road on the east providing and additional east/west corridor. However, negotiations between the Developer and Bernard Murphy, owner of the property, have stalled requiring staff to recommend denial of the Middle Creek Preliminary Plat. Roadways associated with the multi-family areas will be private streets shown at 24 feet back to back and will be maintained by a homeowners association. Housing Characteristics The developer proposes 2, 3, and 4 unit buildings that are single level with a basement. A total of 185 units is proposed within the preliminary plat. The units are proposed to start at $180,000. Agency Analysis The letter submitted by the Minnesota Department of Natural Resources dated February 4,2002 stated that the EA W approved in July of 2000 is slightly different to the submitted plans showing 49 structures rather than the 40 approved in the EAW. However, the preliminary plat shows 185 units where the EAW showed 194 units. Erik Peters of Bonestroo stated that the impacts of impervious surface on runoff rates, volumes, and pollutant loading would be mitigated for in the same way and extent as discussed in the EA W. Therefore, any additional impervious will be accounted for in the preliminary and final design phases of the project. The DNR also stated that the preliminary plat now shows a crossing of Middle Creek that wasn't proposed in the EA W. Therefore, a DNR Protected Waters Permit needs to be applied for in order for the bridge crossing to occur. Additionally, Wetland Conservation Act (WCA) permits need to be obtained for the existing wetlands. The wetland on the easterly portion of the site is identified as a protect wetland. The Protect wetland classification requires that structures shall not be placed within a minimum of 85 feet of the wetland. These wetlands exist in a largely unaltered state and have special and unusual qualities that call for a high level of protection. The wetlands along the westerly edge of the site are not classified. The Wetland Classification Map identifies this area as the pond boundary for the 100-year storm event. A floodplain exists on the westerly portion of the site. The City's engineer has conducted a floodplain study and the 100-year floodplain has been re-delineated to show a reduction in the floodplain limit to the north. Park Dedication The Developer proposes a 2.06-acre park area (total of 4.49 acres) on the southern portion of the site. This park will be combined with the 6.7-acre park dedicated in the Middle Creek Estates project. However, negotiations between the property owner (Bernard Murphy) and the Developer have stalled requiring a recommendation from staff to deny the Middle Creek Preliminary Plat because the park requirements are not finalized. . . . Engineering Requirements The Engineering Division has reviewed the Middle Creek East Preliminary Plat. A memo from Lee Mann, City Engineer, is attached concerning that review. The Engineering Division recommends the approval of the preliminary plat contingent upon any minor engineering issues. ACTION REOUESTED Recommend denial of the Middle Creek East Preliminary Plat and forward the recommendation to the City Council based upon the following: 1. Negotiations between the Developer and Bernard Murphy have stalled rendering the plat incomplete due to the need to identify park acreage on the plat. Respectfully submitted, /', ~ >J' n I ' 1 .. /"~""',".',....ce:,.. 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Iii fll 'Ii ! I II I II! ! ~a I ';"1 jl! :~r~ ......*il . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us TO: City Planning Commission FROM: Michael Schultz \'-' c".. Associate Planner SUBJECT: Middle Creek Estates Final Plat- Middle Creek Planned Unit Development DATE: March 12, 2002 INTRODUCTION Arcon Development, Inc, and D. R. Horton, Inc. are seeking approval of the Middle Creek Estates Final Plat. The plat consists of 26 single-family lots on approximately 40.74 acres of land. The Preliminary Plat was approved by the Planning Commission at its November 13, 2001 meeting (see attached minutes) and by the City Council at its December 17, 2001 meeting (see attached resolution). The Planning Commission and City Council approved the Preliminary Plat contingent upon the following items, the status of these items is given. i, A Conservation Easement be filed with Dakota County for Outlot B protecting the vegetation along the rear sides of the lots a4jacent to the DNR Protect wetland; Status: The developer is not allowed to file for a Conservation Easement until after the plat is recorded at the County. The Conservation Easement will consist of Outlot B. ii, The developer continue working with city staff concerning the tree inventory to maximize the preservation of trees within the construction area of the development; Status: The developer has submitted a tree inventory of the site. The developer and their engineer have made some design changes in an attempt to preserve some of the more mature trees. City staff will continue working with the developer and builders to try and preserve as many trees as possible during site plan review. iii, The road width be modifiedfrom 28-feet to 32-feetface-of-curb toface-of-curb; Status: The road width has been modified from 28-feet to 32-feet from face-of-curb to face-of- curb. iv. The Developer will share half of the costs for construction materials and installation in identification of the cemetery property to be determined by the Heritage Preservation Committee and Parks & Recreation Department, . . . Status: The Heritage Preservation Commission along with the Parks & Recreation Commission are continuing their review of the appropriate monumentation of the former Presbyterian Church Cemetery. Engineering Comments Engineering Division has completed their review of the construction plans for the development and has forwarded the following comments relating to the plat to the developer's engineer. 1. The 75-foot buffer zone extends into the platted yards on Lots 2 - 10, Block 2, The buffer must be platted as a conservation easement or outlot and signed with the City's Wetland Buffer sign. 2, Engineering is studying the possibility of eliminating the Pine Knoll lift station with directional drilling (drilling directly under the surface to place pipe in place of the more conventional trench cut that would have involved the removal of trees), Area Summary Block 1 = 6,8426 acres Block 2 = 4.3654 acres Total Lot Area = 11.2080 acres Total Outlot Area = 27.1808 acres Total right-of-way Area = 2.354 acres Total Area = 40.7428 acres Summary of Outlots · Outlot A == 543,833 sq. ft. (12.485 acres) - to be dedicated to the City as Park dedication · Outlot B = 284,407 sq, ft. (6.53 acres) - to be filed as a conservation area and deeded over to the City · . Outlot C = 36,091 sq. ft, - to be deeded over to Mr. & Mrs. Haley as part of a land swap for access off of Akin Road · Outlot D = 2,732 sq. ft. - will contain retaining wall and maintained by homeowner's association . Outlot E = 2,189 sq, ft. - will contain landscaped entrance . Outlot F = 3,590 sq. ft, - will contain landscaping and entry monument · Outlot G = 2,288 sq. ft. - will be deeded over to Mr, & Mrs. Hansen due to encroachment of existing structures onto developer's property · Outlot H = 43,805 sq. ft. - is a storm water pond and will be deeded over to the City for maintenance · Outlot I = 264,257 sq. ft. - wetland area to be deeded over to the City for maintenance · Outlot J = 1,803 sq. ft. - remnant piece of property being preserved for possible future extension of cul-de-sac into Hansen property, outlot will be deeded over to City as possible future right-of- way. Sidewalk and Trails . The proposed sidewalk has been moved to the east side of the street in order to avoid removal of a stand of mature trees toward the entrance of the development. The sidewalk will connect to the trailhead located between Lots 1 & 2, Block 2 that will lead into the park property. ACTION REQUESTED Consider approval of Middle Creek Estates Final Plat and forward the recommendation to the City Council contingent upon the following: 1, Revise the Final Plat to include the 75-foot wetland buffer easement as measured from the edge of the DNR Protect wetland; 2. File Outlot B as a conservation area with Dakota County; 3. Deed Outlots A, B, H, I and J to the City; . 4. Continue working with staff in preserving mature trees during building permit review. /' Respectfully submitted,/, // /J ///il / 7ltlc~LAL-t"" / , Michael Schultz Associate Planner cc: Larry Frank, Arcon Development, Inc. Don Patton, D R Horton File . . ~!j II" II! 'i: t'! I I;, /,!il ,~ , il' ;I! ;1'1' -!jl" II!i!j r!,h. . . 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City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmin2ton.mn.us February 15,2002 Mr. Keith Willenbring Pioneer Engineering 2422 Enterprise Drive Mendota Heights, MN. 55120 RE: Middle Creek Estates Grading and Construction Plan Review Dear Mr. Willenbring, Engineering staffhas reviewed the grading and construction plan information that was submitted for the above referenced project. The following comments need to be addressed with the next submittal. Plat Comments 1. The 75-foot buffer zone extends into the platted yards on lots 2 through 10 block 2. The buffer must be platted as a conservation easement or outlot and signed per City Plate GEN- 13. 2. Look into eliminating the Eaves Way lift station through this development or Middle Creek East. If the lift station is eliminated proposed side easements at connection location could possible be changed (10' on each side of pipe centerline). General Comments 1. The City project number is 02-05. 2. The street name is Dumont Court. 3. Address all issues in the attached storm sewer worksheet dated 02/05/2002. 4. Show how the old driveway access, north of the proposed connection to Akin Road, will be removed and relocated. 5. Sheds and structures are located within the proposed development. How and where will these structures be removed and relocated to? Will it be necessary to get a right of entry/agreement to do this work? 6. Include in the plans or specification the City of Farmington Standard Detail Plates. 7. Include soil report with street section recommendation within the specifications. 8. Submit street lighting plan for review. . . 9. The City of Farmington Engineering Guidelines and Standard Plates have been modified for the 2002 construction season. Some of the modifications affecting this project include: . All sanitary sewers greater than 16' in depth is permitted to be PVC SDR-26. . All watermain Megalugs are to be epoxy coated with Core-Blue bolts. . All watermain bolts are to be Core-Blue. . The watermain hydrostatic test has been modified. The test is to be completed the same as in previous years (150 psi, 2 hours, 3 psi allowable drop). In addition, the contractor shall test against each valve in the system at 150 psi for 20 minutes. . Any cleanouts to be utilized (sanitary or storm sewer) are to be placed just below finished grade and have a metal cap. . Storm sewer skimmer structures are to have riprap placed on the sides of the structure as well as in front to prevent erosion. Some of the openings have also been modified. See the revised standard plates for specific details. Other modifications may apply to this project. See the revised Standard Plates and Engineering Guidelines for specific changes. Sheet 4 - Watermain and Bituminous Trail 1. Include a trail plan (with stationing) and profile view with percent of grades. A row of sod will need to be placed on each side of the trail and all slopes at or near 3: 1 will be required to be seeded and blanketed. 2. The hydrant that is located at approximate STA 8+70 in the park area (Outlot A) should be relocated so that it is closer to the bike trail. Sheet 5 - Storm Sewer 1. Include a sump manhole at the last manhole prior to entering ponding areas (CBMH-I07, CBMH-I02). Sheet 8 - Grading and Erosion Control Plan 1. A minimum of 18-inches is to be provided between the top of curb and the garage slab elevation. Some of the proposed homes do not appear to meet this requirement (Lot 3 block 2, lot 8 block 2, etc.). Verify. 2. Label outlot. 3. Seeding of the site shall be completed within two weeks of grading. 4. Fiber blanket all areas on slopes at or near 3:1 (Shade areas for limit). 5. Show grades, contours and topography beyond the project limit (NE corner of project). 6. The pond must be lined (I-foot of clay or impermeable material). 7. Label all high and low point in roadway. 8. What does the shading on the lots represent? 9. Modular block retaining walls must be designed by a structural engineer if greater than 4-feet . in height and the calculations must be submitted to the City for review. . . . Landscaping Plan 1. Lee Smick will be providing comments. If you have any questions or comments regarding these review comments please do not hesitate to contact me at (651) 463-1600. Sincerely, ~ fl.1 ~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Lee Smick, City Planner Larry Frank, Arcon Development Don Patton, D R Horton . \ I I I . . '\ Planning Commission Minutes Regular Meeting November 13,2001 MOTION by Barker, second by Privette to close the public hearing. APIF, MOTION CARRIED. MOTION by Johnson, second by Larson to forward a recommendation of approval to the City Council for Charleswood 6th Addition Preliminary and Final Plat. APIF, MOTION CARRIED. mg Co~~~oducetrf~~~~;c~;':::;--- Plat from D.R. Horton and Arcon Development. Associate Planner Schultz presented the staff report. Schultz stated that the plat consists of twenty-six (26) single-family lots and is apart of the overall Middle Creek Planned Unit Development. The proposed plat is located west of Akin Road and south of the Pine Knoll neighborhood and is surrounded by wetlands to the east, west and south. Schultz indicated that the developer is proposing a 1,410 foot long cul-de-sac and is seeking a variance (during the next public hearing). Planner Schultz stated that the access to the development requires a land swap with an adjacent property and has been agreed upon by that property owner, Schultz discussed the issues forwarded by the Fire Chief. Schultz stated that staff reviewed the comments and feels the proposed 30-foot wide roadway still would allow for the required 20-foot drive lane, with parking restricted on one side. Schultz also stated that the likelihood of on street parking would not be prevalent with three (3) stall garages likely in all of the homes. Planner Schultz stated that the Heritage Preservation Commission forwarded comments relating to the abandoned cemetery that abuts the northern property line of the plat. Schultz stated that staff has reviewed the comments and has determined that the cemetery is owned by the Farmington Presbyterian Church and that the property boundaries would be determined by the developer during staking of the property corners. Schultz added that access to the cemetery would be allowed through the City property along Eaves Way and through the dedicated Outlot A. Schultz suggested recommendation of the Preliminary plat based on the listed contingencies. Commission Chair Rotty asked if the developer had any additional comments to the staff report, Mike Suel, D.R. Horton, stated that they knew there were issues to address concerning the cemetery and access to the property. Mr, Suel did request what the tree survey needed to consist of. Lee Smick stated that it would be similar to the tree inventory conducted in a prior plat within the Middle Creek development and that staff would be contacting the developer to coordinate the details of the survey. Commission Chairman Rotty requested any questions and comments from the public. Scott Sauter, 20637 Akin Road, asked what the intent of the use of the property directly behind the lots along Akin Road. 2 . . . \, \. \ \ Planning Commission Minutes Regular Meeting November 13,2001 Mr. Suel responded that the developer has no intentions to develop that portion of the property and intends to leave it natural, no grading is planned. Chairman Rotty asked about the pond excavation. Mr. Suel responded that there would be some removal of vegetation where the pond is planned but the vegetation along the property lines would be preserved. Mr. Sauter asked if the City Parks and Recreation Department had any trails planned. Planner Schultz stated that the Parks Department has no plans at this time to construct a trail around the (easterly) wetland. Chairman Rotty asked if there were any additional questions from the public. There were none, Chairman Rotty asked for questions and comments from the Commission, Commissioner Larson asked about the MN DNR's request for overland drainage into the wetlands, Schultz stated that it was City Engineering's policy to require storm ponding facilities to treat storm water drainage before it flows into wetland basins. Commissioner Larson asked about the spacing of the fire protection. Schultz stated that suggested hydrant spacing should not be a problem to correct Larson asked about the trailhead and how far it would be stubbed. Schultz stated that the trail would be constructed through the future park space. Larson asked about the proposed road width (28 feet face-to-face) and if the Fire Department is comfortable with the width. Schultz replied that the 28-foot wide road width is a permitted road width and staff feels comfortable with,that width due to the low level of traffic from the development. Planner Smick reminded the Commission of the review process conducted last year in which the Commission and Council were agreeable to a 28-foot wide road width with restricted parking on one side and a sidewalk constructed on the other. Commissioner Johnson and Barker stated that their questions were answered. Chairman Rotty asked about the possible future road extension through the Hanson property. Schultz stated that the cul-de-sac could possibly extended into the Hanson property, although only a portion of the property is developable. Schultz stated that the developer is preserving an outlot at the end of the roadway to allow for a future extension. Schultz stated that there could be future roadway spacing problems if that roadway would connect out to Akin Road, Chairman Rotty asked if the landscaped center island was eliminated upon the request of the Fire Chief. Schultz stated that it was staffs opinion that because other landscaped cul-de-sac islands were approved within the first several phases of the Middle Creek development, and within other developments in the city, it was suggested to remain. Schultz did state that the cul-de-sac radius was increased from 90-feet to lOO-feet to accommodate the islands. 3 ( \, \ \ 3 I I. . \ \ \ \ J I , / , J ~1 j . . Planning Commission Minutes Regular Meeting November 13,2001 Chairman Rotty asked about the status of the resolution with the property owner ( concerning the land swap for road access and the relocation of the property owner's. driveway. I \ \ Mr, Suel responded that at the time of final plat the land swaps should be resolved. Mr. Suel stated that it would be up to the property owner for his preference to the location of his driveway (either off of Akin Road or the proposed cul-de-sac). \ \ \ \ Chairman Rotty asked about the completion of the wetland mitigation permit. Keith Willingbring, Pioneer Engineering, stated that a wetland inventory and mitigation proposal has been completed as part of the PUD review, but the application has not been approved concerning the proposed banking sites. Chairman Rotty asked about the cemetery being turned over to the City. Schultz stated that Karen Finstuen is working with the Heritage Preservation Commission on researching the possibility of accepting the property as a gift. Discussion continued over the future use, costs and maintenance of the cemetery if the City accepted it. Schultz stated that the City would likely preserve the cemetery in its natural state with the possibility of wood chip trail. \ Chairman Rotty asked about the timing of completion of the tree inventory, Planner Smick replied that it would be completed before Final Plat approval and that no trees would be removed prior to its completion. Rotty voiced concern over approving the plat prior to completion of the tree inventory and the adoption of the tree preservation ordinance but felt there was little the Commission could do at this time. Mr. Suel added that this project was unique in that more trees would be preserved due to the ,natural topography ofthe property and the existence of the wetlands as drainage areas, requiring less grading for rear yard swales. Commissioner Larson requested that a tree preservation plan be added to the requirement of a tree inventory. ~ Chairman Rotty asked again if there were any additional questions from the public\ There were none. Rotty asked if there were any additional questions from the\. Commission. There were none. ~; \,~ \~ MOTION by Johnson, second by Privette to close the public hearing. APIF, MOTION CARRIED. '( \ , I I Planner Smick went through the list of contingencies stating that many of the I contingencies have already been resolved with the developer even though they do not appear on the presented plans but would before going to City Council. Commissioners l Johnson, Barker and Privette voiced they were more comfortable forwarding the plat on It to the Council the many of the contingencies already addressed. Commissioner Larson . '-, Discussion took place concerning the effects of tabling the plat would be on the developer and how it would benefit the Commission. Mr. Suel responded that it would push the development dates back. Chairman Rotty stated that the Commission is only looking out for the best interest of the City and is reluctant to forward the plat onto the City Council with so many contingencies. 4 . 1 \ I 1 ~ . . Planning Commission Minutes Regular Meeting November 13,2001 stated that he was still not comfortable forwarding the plat on to the Council with the given contingencies. MOTION by Privette, second by Johnson to forward a recommendation of approval for the Middle Creek Estates Preliminary plat contingent upon the following: 1. All Engineering comments are addressed as given within the letter dated October 22, 2001 from Lee Mann, Public Works Director/City Engineer that include: 1. The developer should realign the driveway of the existing home located to the north of the access to Akin Road in order to access from the proposed roadway, This will allow a safer turning lane into the development; 11. The developer needs to detennine where wetland mitigation will occur for the impacts on wetland #2; Ill. Additional fire protection coverage should be added for Lots 13 and 14, Block 2 to cover the minimum 225-foot radius from hydrants. 2. The developer address all comments given in within a letter dated October 30, 2001 from Lee Smick, Planning Coordinator that include: 1. 11, 111. IV. v, Outlot A be split into wetland area and parkland dedication; A Conservation Easement be dedicated to protect the vegetation; Require a tree inventory to detennine removal limits of trees on the property; Require a sidewalk on one side of the 28-foot wide street; Additional landscaping be required surrounding the stonn water management pond in Outlot G; 3. The Parks & Recreation Division recommends a trail be installed between Lots 1 & 2, Block 2 within the 20-foot wide drainage & utility easement; 4. The developer address comments from the Heritage Preservation Commission involving the identification and protection of the Presbyterian Cemetery that include staking of the cemetery boundaries and survey verification of the grave sites; 5, No grading penn its be approved until a tree inventory and plan is reviewed by the Commission and approved by staff. APIF MOTION C 6. Chainnan Rotty introduced the variance for the proposed 1,410-foot cul-de-sac as part of the Middle Creek Estates Preliminary Plat. Planner Schultz presented the staff report. Schultz stated that the property is essentially land locked due to the existing natural features surrounding the proposed development. Schultz indicated that wetlands exist to the east, west and south of the development. Also the existence of the Pine Knoll neighborhood and the single-family lots along Akin Road make it difficult for alternative road accesses. Chainnan Rotty asked if there were any questions or comments from the public. There were none, 5 RESOLUTION NO. R117-01 APPROVING PRELIMINARY PLAT/PUD MIDDLE CREEK PUD MIDDLE CREEK ESTATES ADDITION ~;~ Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of ~'Farmington, Minnesota, was held in the Council Chambers of said City on the 17th day of -':\December, 2001 at 7:00 P.M. -'Members Present: ,/Members Absent: Ristow, Cordes, Soderberg, Verch Strachan ',Member Soderberg introduced and Member Verch seconded the following: ~;WHEREAS, the preliminary plat of Middle Creek Estates Addition is now before the Council for 'i,review and approval; and ~WHEREAS, a public hearing of the Planning Commission was held on the 13th day of November, -(2001 after notice of the same was published in the official newspaper of the City and proper notice fsent to surrounding property owners; and ~ ~:WHEREAS, the City Council reviewed the preliminary plat; and il?J ;WBEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly ~served by municipal service. " ,NOW, THEREFORE, BE IT RESOL YED that the above preliminary plat be approved with the following stipulations: 1. A Conservation Easement be filed with Dakota County protecting the vegetation along the rear sides of the lots adjacent to the DNR Protect wetland; ii. The developer continue working with city staff concerning the tree inventory to determine the preservation of trees within the construction area of the development; iii. The road width be modified from 28-feet to 32-feet face-of-curb to face-of-curb, and remove the center island in the cul-de-sac; iv. The Developer will share half of the costs for the construction materials and installation in identification of the cemetery property to be determined by the Heritage Preservation Committee and Parks & Recreation Department and approved by Council. 'This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of December, 2001. 4,~~ · .;.),. ~aY- :~.,tlested to th~ day of "/':',,_.&:...2001. ......~ ~ . AdminISir'ator ',Seal I 1,,' Ii'! I; Ii, . . . . TO: FROM: SUBJECT: DATE: INTRODUCTION City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminJrton.mn.us City Planning Commission Michael Schultz tLfc, Associate Planner City Center 2nd Addition Preliminary and Final Plat March 12, 2002 The applicant, Tom Wartman of Farmington City Center, LLC, is seeking approval of the City Center Preliminary and Final Plat, The plat consists of 9.87 acres of land that involves a replat of the original City Center development area and the redeveloped Elm Park dump site (located to the north of the original City Center development). Plannine Division Review Area Bounded By: Existing Zoning: Comprehensive Plan: Existing Conditions: Topography: City park space to the north; single-family to the west, railroad, right-of-way and commercial to the east and commercial to the south. B-2 (General Business) District Business The south half of the property has been developed commercially (Econo Foods and a strip mall). The north half of the site was recently cleaned up environmentally and now contains the Ace Hardware store, The site is relatively flat except for the drop in the banks around the Vermillion River. River (shore land) Setbacks: Parkland and Trails: The MN DNR requested a 100- foot setback from the centerline of the river, the portion of the plat adjacent to the Vermillion River is a designated trout stream. Outlot A contains the setback area and will be deeded over to the City as parkland dedication. The dedicated park land will consist of 1,56 acres of land and will be adjacent to the City's Rambling River Park property. Staff has had preliminary discussions about developing the area into an active park site with trails, park benches, lawn bowling, civic garden, fishing piers and other amenities, This is still under consideration by the Park & Recreation Division. . . . DISCUSSION The applicant, Tom Wartman, Farmington City Center, LLC, is seeking Preliminary and Final Plat approval of the City Center 2nd Addition. The original City Center plat was approved in September of 1993 to accommodate the construction of the More 4 grocery store and a mini-mall. The proposed plat would re-plat the original plat in addition plat two additional commercial lots on the former Elm Park dump site. Currently the Ace Hardware store on Lot 1 is near completion and will open soon, while the Econo Foods store and mini-mall are located on Lot 3, Lot 2 would be the only remaining lot available for commercial development. The developer has also discussed with staff the possibility of expanding the mini-mall to the north to accommodate at least one more tenant. No plans have been submitted at this time. The remaining portions of 2nd Street, Main Street and the drainage & utility easement (lying on the north side of the original City Center plat) were vacated by the City Council in November of 2001. A new drainage and utility easement will be dedicated for the location of the sewer and water main lines that were connected off of 1 st Street. The surveyor is currently coordinating with the City and Gopher State One to locate the exact placement of those utilities to ensure easement location. Area Summary Lot 1 = .95 acres Lot 2 = 1.67 acres Lot 3 = 5.59 acres Outlot A = 1.56 acres (to be deeded back over to the City as park space) Total Area == 9.87 acres ACTION REQUESTED Consider approval of Middle Creek Estates Final Plat and forward the recommendation to the City Council contingent upon the following: 1. The Drainage & Utility easement be included within the Final Plat to be presented to City Council; 2. Identified recently vacated streets and drainage & utility easement within the Final Plat to be presented to City Council; 3. Outlot A be deeded over t the City as parkland. cc: Tom Wartman File Location rvlap E s i' I /~I Co I /1 LJ j : i ,~ 'IIII[ ~\ : I \1 !;-~} I ! I ! I j' I \~1~~" ;1!! I I I ! //,~~),> ~. If-.~ I I i In . (/ I,/J- II1I " I : ! I' I II '<~ I i Ii' ,1_ i . ~.. PINE 8T ~~ '. I ' II I' I I 1..-------1 (, -::c::c / I . . I I 1// I . i\~.li.!1 .,1 I ,i/~~ i \.~ \ i . I ;.---- ! "v I : ,1-:/ ! V:_':-J-//'.! 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City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.fannington.mn.us TO: City Planning Commission ~p v FROM: Lee Smick, AICP Planning Coordinator SUBJECT: Ordinance Amendment - Title 4-3: Section 4-3-2 (A) Permitted Signs Section 4-3-3 (C) Advertising Signs DATE: March 12,2002 INTRODUCTION/DISCUSSION The City of Farmington proposes to amend Section 4-3-2 (A) and 4-3-3 (C) of the City Code to allow scoreboards with advertising. Independent School District # 192 approached the City in October of 2001 with the proposal to install scoreboards at their baseball fields at the northeast intersection of Akin Road and CSAH 50 and the softball fields on the High School property at 800 Denmark Avenue. Mr. John Frank, 913 Westgail Court, has requested the preparation of specifications and collected funding for the scoreboards on behalf of the School District (see attached Farmington Independent article). He established commitments from area banks and businesses promising to promote the funding group with advertising on the scoreboards. After the funding was established, he discussed the scoreboard specifications with the City and discovered that the scoreboards with advertising are not in compliance with the current sign ordinance (see attached). As stated in the letter from the City to the School District dated October 23, 2001 the proposed advertising on the scoreboard is considered a billboard by the City Attorney and would not be allowed under the current sign ordinance (see attached). Therefore, the School District requested that the City amend the sign ordinance to meet the requirements of the scoreboard specifications in a letter dated November 2,2001 (see attached). The School District proposes to install a 27' x 6.5' scoreboard with advertising located on the front and back of the scoreboard for the scoreboards located at the baseball fields and advertising on the front only for the scoreboards at the softball fields (see attached plans). The advertising on the front and back would include the names of the businesses donating funds to the scoreboard costs. Four scoreboards will be located on School District property including one at each field for junior varsity and varsity baseball and softball (see attached locations). At the December 12, 2001 Joint City CounciVPlanning Commission meeting the scoreboard issue was discussed to determine if the City Council and Planning Commission would agree to a code amendment to allow the scoreboards to be installed with advertising. The City Council and Planning Commission determined that the scoreboards would be an important improvement to the community and agreed to review an amendment to the sign ordinance. However, they stated that the ordinance amendment should be site specific to Akin Road and CSAH 50 and the High School property at 800 Denmark A venue and adhere to the scoreboard specifications originally submitted by Mr. Frank. The attached ordinance amendment follows those guidelines (see attached). . ACTION REOUESTED Recommend approval of the Ordinance Amendment to Section 4-3-2 (A) Permitted Signs and 4-3-3 (C) Advertising Signs of the City Code and forward this recommendation to the City Council. Lee Smick, AICP Planning Coordinator cc: Independent School District #192 File . . . . . CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 4-3 OF THE FARMINGTON CITY CODE CONCERNING SIGNS: BILLBOARDS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 4-3-2 of the Farmington City Code is amended to add the following: 18. Athletic Complex Scoreboards: Freestanding sIgns shall be permitted on public school property as follows: Scoreboards may be located only at the varsity and junior varsity baseball fields at the northeast intersection of Akin Road and CSAH 50 and on the parcel at 800 Denmark Avenue. One scoreboard may be erected for each competitive playing field and is restricted to a maximum of 6'6" in height by 27' in length. The maximum height of the scoreboard at installation is 20 feet. The scoreboards may display non-illuminated and double- sided advertisement panels located on the top perimeter of the scoreboard and shall not exceed 3 feet in height or 27 feet in width. One business may be advertised on both sides of the advertisement panel and shall display the exact same sign. Team logos, names and field location may be shown on a double-sided panel located on the bottom perimeter of the scoreboard and may not exceed 2 feet in height or 27 feet in length. The scoreboards located at 800 Denmark Avenue may display non-illuminated and single-sided advertisement panels on the bottom perimeter of the scoreboard and may not exceed 2 feet in height or 27 feet in length. Team logos, names and field location may be shown on a panel located on the top perimeter of the scoreboard and may not exceed 2 feet in height or 27 feet in length. SECTION 2. Section 4-3-3 (c) "Advertising Signs" of the Farmington City Code is amended to add the following: II. Scoreboards on public school property may include billboards and advertising signs in any district. . . . SECTION 3. Effective Date. This ordinance shall be effective within 90 days upon its passage and publication according to law. ADOPTED this of Farmington. day of ATTEST: By: SEAL By: , 2002, by the City Council of the City CITY OF FARMINGTON By: Gerald Ristow, Mayor City Administrator City Attorney , 2002. Published in the Farmington Independent the _ day of . . . . .'~...:""""';~'..'~ ...,.,..,;....,;;.:.:"..,~"~""""'"-.-"'-~.."~.;..~ 4-3-1 4-3-2 WALL SIGN: A sign affixed directly to the exterior wall or screening surface and con- fined within the limits thereof and which project from that surface less than fifteen inches (15") at all points. 4-3-2: PERMITTED AND PROHIBITED SIGNS: (A) The following signs are permitted uses subject to the following regulations: 1. Temporary Real Estate Signs: For the purpose of selling, renting or leasing property, one sign may be placed per street frontage within fifteen feet (15') of the right-of-way line, on the property to be sold or leased. The size of such sign shall be a maximum of six (6) square feet for residential property and a maximum of thirty two (32) square feet for all other properties, 2. Signs for Promoting and/or Selling a Development Project: For the purpose of selling or promoting a development project of three (3) to thirty (30) acres, three (3) signs not to exceed one hundred (100) aggregate square feet of adver- tising surface may be erected on the project site. For projects of thirty (30) acres or greater, five (5) signs not to exceed two hundred (200) aggregate square feet of advertising surface may be erected. 3. Street Banners: Street banners advertising a public entertainment or event are permitted if specifically approved by the City Zoning Officer and in loca- tions designated by the Zoning Officer. 4. Beacons: Revolving beacons, beamed lights or similar devices shall be per- mitted in all "B" and "1" Districts provided that they do not so distract automobile traffic as to constitute a safety hazard. 5. Temporary Signs: There shall be no more than one temporary sign in any required yard, and there shall be no more than three (3) such signs on any lot, and the total area of such signs shall not exceed twenty five (25) square feet. Temporary signs may be illuminated. 6. Election Signs: Political advertising of public elections are permitted on private property in any zoning district with the expressed consent of the owner or oc- cupant of such property. Such signs may not be posted more than sixty (60) days prior to the election and must be removed by those responsible for the erection of the sign or the property owner within seven (7) days following the election. Such signs must be no larger than sixteen (16) square feet. 7. Window Signs: Permanent signs printed or otherwise displayed from the in- side surface on an individual window shall not exceed two (2) square feet or twenty five percent (25%) of the total window area, whichever is greater. 8. Public Service Information Signs: Shall be allowed by conditional use in all districts either on pylons or on the building face. Such sign area devoted 286 . . ...:." .. 4-3-2 4-3-2 to this shall be limited to thirty two (32) square feet in area, conform with setback requirements in each district, and may be illuminated subject to timing and information controls stipulated as a condition to the conditional use permit. 9. On-Premises Signs: For the purpose of identifying or advertising a business, person, activity, goods, products or services located on the premises where the sign is installed and maintained, signs shall be regulated as set forth in subsections 4-3-3(B) and (C). 10. Illuminated Signs: Except for temporary signs, illuminated signs shall be allowed in "B" and "I" Districts. Such sign shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians or neighboring premises as outlined by the section in Chapter 6 of the Zoning Ordinance dealing with exterior lighting. 11. No Trespassing Signs: No trespassing signs and no dumping signs shall not exceed two (2) square feet in area per side and not to exceed four (4) in number per lot in "A" Districts. In "A" and "C" Districts such signs shall not be less than three hundred feet (300') apart. (Ord. 086-173, 2-21-86) 12. Off-Premises Directional Signs: For the purpose of providing off street direction to a residential project described in this subsection (A), or a new venture less than twelve (12) months following occupancy permit, a public, religious or nonprofit institution, or a use which, in the determination of the Planning Commission, incurs substantial hardship from lack of reasonable identification as a result ,of its location, a conditional use permit shall be required. Such sign shall not exceed twenty five (25) square feet per face and such sign shall conform to the yard requirements of the zoning district in which it is located. In addition, a directional sign may be permitted for any uses which, in the determination of the Planning Commission, incur substantial hardship from lack of reasonable identification as a result of its location. If said sign is lighted, it shall be illuminated only during those hours when business is in operation or when the model homes or other developments are open for conducting business. (Ord. 093-320, 12-6-93) 13. On-Premises Directional Signs: Where one way access and egress drives are incorporated in a site plan, a sign indicating traffic direction no more than four (4) square feet may be placed at a driveway within five feet (5') of the street right of way. A directional 694 City of Farmington . . . 4-3-2 (B) 4-3-2 sign indicating the entrance to a two-way driveway may be required where the Zoning Administrator deems it is necessary to safely direct the traveling public. " t .;, 14. Awning Signs: Signs consisting of one line of letters not exceeding nine inches (9") in height may be painted or placed upon the hanging border only of an awning. An identification emblem, insignia, initial or other similar design, 'not exceeding eight (8) square feet in area may be painted or placed elsewhere on an awning. 15. Painted Wall Signs: Painted wall signs shall be permitted only on structurally sound and homogeneous surfaces. 16. Church Signs: On-premises freestanding and attached church signs shall be permitted in any district not to exceed seventy five (75) square feet per side. (Ord. 086-173, 2-21-86) 17. Agricultural District Signs: Permitted and conditional uses within agricultural districts may utilize one sign per site to identify the location of services available and products grown for sale. Such sign shall not exceed thirty (30) square feet. (Ord. 094-331,4-18-94) The following signs are prohibited as prescribed: 1. Illuminated Signs: Illuminated signs shall not be permitted within the "A", "C" and "R" Districts. 2. Rotating, Moving or Flashing Signs: Rotating, moving or flashing signs shall not be permitted in any district. 3. Traffic Interference: No sign shall be erected that, by reason of position, shape or color would interfere in any way with the proper functioning or purpose of a: traffic sign or signal. 4. Snipe Signs: There shall be no use of snipe signs anywhere within the City. 5. Roof Signs: Roof signs, roof advertising symbols, roof logos, roof statues or roof sculptures shall not be permitted in any district. No sign shall extend above the roof line. 6. Business and Advertising Signs: Such signs shall not be painted, attached or in any manner affixed to trees, rocks or similar natural surfaces, nor shall such signs be affixed to a fence or utility pole. 694 City of Farmington . . . 4-3-3 (C) 1095 4-3-3 provided a written request therefor is filed with the Clerk within ten (10) days after receipt of the notice of such denial, suspension or revocation. The Council may grant such permit or confirm any suspension or revocation or reinstate any such permit. The action taken by the Council after a hearing shall be final. (Ord. 095-358, 9-5-95) Advertising Signs: 1. Billboards and other off-premises advertising signs shall be permitted only in I Districts and only where the adjacent street speed limit is fifty (50) miles per hour or higher. 2. A conditional use permit is required for all billboard and other off- premises advertising signs. 3. The maximum sign size shall be three hundred (300) square feet. Billboards may incorporate cutouts protruding beyond the framed perimeter of the sign face, providing the total sign area does not exceed three hundred fifty (350) square feet. 4. The maximum height to the uppermost portion of any advertising device shall be thirty feet (30'). The building setback limitation for the zoning district in which the sign is located shall apply to setbacks for advertising signs. 5. The minimum radius distance between advertising signs shall be one thousand five hundred feet (1,500'). 6. No billboard or other off-premises advertising sign structure shall be constructed within five hundred feet (500') of any park or residential zoning district. 7. No billboard or other off-premises advertising sign shall be located closer to any intersection than five hundred feet (500'). 8. Billboards and other off-premises advertising signs shall be a single support, metal structure, free of supports or guy wires. The metal shall be treated in such a manner as to prevent deterioration. 9. Billboards may be illuminated provided that there are no flashing, intermittent or moving lights; and that beams or rays of light are not directed toward any portion of public streets. City of Farmington 4-3-3 . -. . " 4-3-3 , 1 10. Billboards and other off-premises advertising signs are permitted in undeveloped land areas. 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Y9:i') 1- ~ - ~ . ~7 SCHULZ ELECTRIC, INC. 32110 DRESDEN AVENUE NORTHFIELD. MINNESOTA 55057 PH. (507) 645-7742 · FAX (507) 663-0539 ~ . - 110 VOl.-T"" t'tJ"n_~~ "* ~ 5eo.ee. ~A ~o~e.,.(~ · - "0 vo &-,.- .pOI.UE~ "Tt> ~~E ~#.s. ~ ~TfiLt.- 0 C~ h~t.-b 2i: I o . EXt:E.~ ~~~<. o Zoo~'J.fl ~~~ wl~~ "'~")J? 1 r. f!t.(:) ~ 2- Hw'1 5'0 7671 Dale 1.'Of ~ PQSt-it- Fax Note pegee To ~_ ~ From ... Co./Oept. a Co. f'ttano . Phone j Fad Fax' I iI " ~. Ii ! ( .. .. II I ,,~ ~::~~ ...~ ..; a..- ;~t~1 l!'~ \i~i '! j l! ~. ~ ~ . . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us October 23,2001 Mr. Doug Bonar Director of Buildings & Grounds Farmington Independent School District 192 510 Walnut Street Farmington, MN 55024 RE: Scoreboards Dear Mr. Bonar: Staff has recently reviewed the City's current sign ordinance concerning the proposal to erect two 11.5' x 27' scoreboards on the junior varsity and varsity baseball fields at the northeast intersection of Akin Road and CSAH 50. Because of the proposed advertising signs on the front and back of the scoreboard, the City Attorney has determined that the scoreboards fall under the requirements of Section 4-3-3 (C). Therefore, the following information results in the proposed scoreboard/advertising sign not meeting the requirements of the City's sign ordinance: I. Billboards and other off-premise advertising signs are permitted In I-I (Light Industrial) districts, whereas the ballfields are located within the R-3 district. 2. No billboard or other off-premise advertising sign shall be constructed within 500 feet of any park or residential zone. If the School District desires to pursue the installation of the scoreboards with advertising, the City Attorney has provided the following two options: 1. File an appeal to the Zoning Board of Adjustment (Planning Commission) for the Board to hear and decide the appeal from any order, requirement, decision grant or refusal by the Zoning Officer in the administration of the Zoning Title of the Code. A party may appeal a decision of the Zoning Board of Adjustment when issues of fact, procedure or other finding made by the Board are in dispute. Appeals to the City Council must be filed within 10 days of the final decision of the Zoning Board of Adjustment. (Sec. 2-4-2, 2-4-3) . . . 2. Submit a request to the Planning Commission for the modification of the current sign ordinance addressing provisions for scoreboards with advertising to be located adjacent to athletic fields. If you have any questions, please call me at 651 463-1820. Sincerely, /~__7 VI -ee- ( Lee Smick, AICP . Planning Coordinator Of) c9~~ cc: Ed Shukle, City Administrator Dave Olson, Community Development Director Jim Bell, Parks and Recreation Director John Frank, 913 Westgal Court File Farmington Independent School District 192 Excellence, Integrity, Innovation . DOUGLAS BONAR DIRECTOR BUILDINGS & GROUNDS OFFICE 510 WALNUT STREET FARMINGTON, MN 55024-1389 PHONE: (651) 463-5062 FAX: (651) 463-5061 November 2,2001 Ms. Lee Smick, AICP Planning Coordinator City of Farmington 325 Oak Street Farmington, MN 55024 Re: Scoreboards Dear Ms. Smick: . Thank you for your letter dated October 23,2001. In a cooperative effort to promote recreation in the area, the District, local businesses, and an informal committee of interested citizens have partnered to propose scoreboards be installed at some of our local ball fields. During the course of this enthusiastic effort to provide additional resources, a formal review of ordinances was not conducted. Upon review of the established ordinance, it would be reasonable and prudent to request an audience before the Planning Commission. Our intent would be to work with our local city planners and hopefully establish acceptable revisions that allow this project to continue and preserve the integrity and intent of local law. Could we establish a meeting date to discuss an ordinance amendment and the Planning Commission procedures? ~\ Do las 1. Bonar Dire tor of Buildings & Grounds cc: Greg Ohl, Superintendent Mike Buringa, Activities Director John Frank, 913 Westgal Court File . . 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: Lee Smick, AICP Planning Coordinator IVf e,.... SUBJECT: Appeal of Zoning Decision - Car Wash Fence, 8_8th Street DATE: March 12,2002 INTRODUCTION The appellant, Fred Conlan, 9 _7th Street, has requested a review by the Planning Commission concerning the decision of Planning staff in the approval of a fence located in the rear of his property that was replaced by the Farmington Car Wash business at 8 - 8th Street. DISCUSSION . The fence was originally erected in 1965 by the car wash owner and was required contingent to the approval of a conditional use permit allowing the operation of a car wash. Resolution No. 4-65 stated that "the applicant erect a suitable fence. . . to screen the adjoining premises from car lights." Additionally, as shown in the attached minutes of April 5, 1965, the Council reserved the right to restrict the car wash operation to closing at midnight in the event loitering or vandalism problems were evident. The width of the fence for noise buffering purposes was not required or intended in the contingencies of the conditional use permit. Staff reviewed the fence in August 2001 when the original fence was replaced with the one currently in existence. At that time, staff made the determination that the newly erected fence met the "suitable fence" requirements. Mr. Conlan contacted staff to again review the fence in January of 2002. Upon review of the fence, staff concluded that the current fence meets the conditional use permit's conditions. A letter was sent to Mr. Conlan dated February 6, 2002 stating these fmdings (see attached). On February 12, 2002, Mr. Conlan submitted a letter requesting an appeal of the staff finding and Mr. Conlan also addressed the City Council at its meeting on February 19, 2002 reading from the attached statement discussing the history of the installation of the fence and Mr. Conlan's concerns. A letter was sent to Nat Svela, co-owner of the car wash, on February 21, 2002 notifying him of the appeal hearing. ACTION REQUESTED The Planning Commission should review the appeal of the applicant concerning the zoning decision from Planning Staff involving the car wash fence and should render a decision in support or against the appellant . and direct staff to draft Findings of Fact concerning its decision. . . . Respect~:~~ S;:~itter" t{/~-~ Lee Smick, AICP Planning Coordinator cc: Fred Conlan, 9 - 7th Street Nat Svela, 512 - 6th Street Location Map - Conlan/Car Wash Properties I I 1 I 1 I , I I I i I I + L Is I i , \ I I I I 1 i I ' I : ! I: , i , L . 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Cooper Mahowald Lawn ~~Yer Servo N S P Coast to GJast . 26.00 9,0."0 12 . 72 12h.67 217.72 i 4.~9 55.50 4h.89 ?7.10 139.83 233.99 11..20 L85 ...q 7C. ""'" '. 1..,/ 19.85 625.61 16.62 i4fYI/5; /965 McEl~ury mcved, seconded by Erosseth, the bills be paid as presented. At 3:0':' p.m.. Brcsset}: mc-7ed seconded b;.; Snyder that bicjing for sic.;.ralk be closed. hll voted in faver. Bids were cpened and read as follows: Hiawatha Cement c'J.-h" concrete walk L5~ ~er sq.foot, IO~ per sq.foot sand fill base. Alvin Vick - 3 5/~" cohcrete 'toralk h5tt per E!q. foot with fill e):t.ra . No Dries- on fill. :!Dcn. m:- ticn ty Ch1.lrc~ and seconded by Prr,!';set:-: all 'loted i!1 favor job cn..1~~ded t.(" ~ia~f:C t~.a Ce~e!1 t C-:,. :c'-:" s..:_~t s:. .:.e~.!~ l}: ~s de ~~ed nece5s~r;r t-~,r Council. !~rC:Slrrpl~;r "r.0ved,sec~:1dec t~:, ~.~-sse:.::, all "':;"'~:.2d in f'a",TC",r t~:.;t t.u5.1c.inF ?"'rrr.its ::r€sented as fellows be a:?roved: G. .T. ?..'?:.tser: - ~c'J.se :::: !.:-t 3, 31oc~~ ?, ::e~_:.~;c :'.2d:.t.:.~.n Th::lr.l8S ,T. Fee2.r, ,Tr. .;;. ~:ild!'ed Ackern:an - :Ze;-lodel ho'.;.se em Lots I ':': 2 Bl~ck ~, Ta/fu ~: F;r~~n[ton Felix :illges - h<.Qse on Lot 19, 5lock l, 3u~nyside ~dditon S~yder ~0ved, seconded ~y 3~Gsset~, ell voted in favor of a trailer ::.sr-r.:. t re:::'.les ted ty Elaine:": D-w&Y!1e Sr,;r'.lte. ~he ~~:..n...lte~ of the ~'~ar~h 1st qe~':.lar ~'~~eting and ~'1arch 15:..n 3?ecial ~:~ee':,j ng '::'ere reac. and approved. ~' ~~~tio~~'''' .,.&' -s ~...L.:L.s.7::,.. o~-:'i!'. v". .. l:1Se!1 .,... tab.Led ana :,rle Cler was instr ed tJ request that the pe!"'.'i t be rp.c;ues tee. ~m the regular per11"i. t fom and res'J.b~i tted. Discussion \.;i th f-fr. ?etarson of Ba!:nister Engineering regarding providing va tel" for a possicle annexation by Felix 'Il.Ilges. I t was decided to meet 'tor. th the w2ter b:)ard, r:I!-. ;'I'illges and 1z. ?eterson at a later date. At p.m., nere was a ~u lie Hear~ng regar~lng .e ap? ~cation of Felix Tillges for a non-conf0rT-in; use permit fer a coin operated car wash, tC' be situated on the SO'.lt.'r1. 120 fe",t of Lot I and South 120 feet of Lot 2, Block 1, Bung's Addition. After a lengthy discussion with the a .:>fectea property owners, there was amotion tha t the non-confnrming use perm t be a)proved wi th thE' c~ndi tion the t t.~ere be a fence erected an the west of the plot agreeatle to the Council and the reser"ation by the Council that it could restrict the elosin[ to midni~ht if there w~s any prol:lems regarding loitering or vandalism. This motion was made by Brosseth ~~tr a second by ~cElmury. Voting in favor were Brosseth, Mc~lmary Sn.der Gor os and C~urch Abstained. C arenee .eterson anpeare and inquired regar ing city water. He was informed that since he was not in the oi ty 1imi ts water could not be Drc~rided unless he wished -to peti tion for a~:;.exa ':.ion. Upon moti~n by Erosseth .and seconded b:,- Snyder, all voted in fav~r that Be~ Cook be hired as a permanent employee as of March 15, 196~. '!here teing no further b;.siness, the Counc~_l ad:1ourned. Respectfully submitted, Harvey F. Snyder Village Clerk. ------------..- . .. -.- - - . 1 i" ~ 269 Resolution No. 4-65 RESOLUTICN GRANTING PERMIT FOR NCN-cx::NFORMING USE ~HEREASp An application has been filed by Tillges Realty Incorporated for a non-conforming use permit for the operation of an inclosed, coin-operated car wash on the land lying and being in the County of Dakota and State of Minnesota, described as follows, to-wit: The South One Hundred Twenty (S 120) feet of Lot One (1) and the South One Hundred Twenty (S 120) feet of Lot Two (2), Block One (1) Bung's Addition; AND ~mEREAS, A hearing has been had upon said application on the 5th day of April, 1965, before said Village Council after one week's published notice had been given as required by ordinance; and ~HEREAS, It appears that the premises upon which said applicant seeks to locate and operate said car wash is, or may be, restricted to residential use; and ~HEREAS, It appears that the advantages to the community and the inhabitants thereof outweigh any objections that have been made to said application; New, nIEREFOR E, BE IT RESOLVED, By the Village Council of the Village of Farmington that a non-conforming use permit be hereby granted to Till~es ~ealty Incorporated for the operation of an inclosed, coin-operated car wash on the land above described and that the same be autho-rized as a non-conforming use in accordance with the provisions of Ordinance 128 of the Village of Farmington; PROVIDED, howe"er-, that said permit be granted on condition that the same contain the following stipulations: 1. That the applicant erect a suitahle fence on the western portion of said premises to screen the ad- joining premises from car lights. 2. That the Village Council reserves the right to require a 12 midnight closing if operational problems reasonably require such closing. """""___~"""""<"'-"'<'~'.',"""'.~....V'-',_ . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us February 6, 2002 Mr. Fred Conlan 9 - 7th Street Farmington, MN 55024 RE: Car Wash Fence Dear Mr. Conlan: Staff has reviewed your complaint concerning the car wash fence abutting your rear property line. As you are aware, the fence was required contingent to the approval of a conditional use permit allowing the operation of a car wash in 1965. The attached resolution stated that "the applicant erect a suitable fence...to screen the adjoining premises from car lights." Staff reviewed the fence in August 2001 when the original fence was replaced with the one currently in existence. At that time, staff made the determination that the newly erected fence met the "suitable fence" requirements. Upon further review of the fence in recent weeks, staff concludes that the current fence meets the conditional use permit's conditions. . Additionally, the width of the fence for noise buffering purposes was not required or intended in the contingencies of the conditional use permit. As shown in the attached minutes, the Council reserved the right to restrict the car wash operation to closing at midnight in the event loitering or vandalism problems were evident. As a landowner, you have the option to install a fence or plant material on your property as you feel appropriate to further increase the screening from the adjacent land use. If you do not agree with the decision of the Farmington City staff, you may appeal this decision to the Board of Adjustment and Appeals (Planning Commission). The request for an appeal needs to be submitted in writing by February 22,2002 in order to be scheduled for the March 12,2002 Planning Commission meeting. There is a $150 charge for the appeal review, however, as you are aware, I am looking into the possibility of having that fee waived. If you have additional questions, please do not hesitate to call me at 651-463-1820. 4?1~ Lee Smick, AICP Planning Coordinator cc: Nat Svela, 512 6th Street Mayor Ristow Kevin Carroll, Community Development Director Joel Jamnik, City Attorney . . Dear City Council Members: My name is Fred Conlan and I live at 9 Seventh St. in Farmington. I purchased my home in June of 1995. This rambler style home was built in 1959. I am addressing you today regarding the replacement fence built during the summer of 2001 between my home and the car wash. The car wash is currently operating under a non-conforming use permit granted in 1965 with two stipulations including the erection of a suitable fence which is agreeable to the Council and the Council reserving the right to restrict the closing to midnight if there are any operational problems occurring. When I purchased my home, the original fence from 1965 was still in place. It was 8'4" high from our ground level. It was constructed with double boards so as to cover the gaps between the boards- Over the past six years, the fence has deteriorated and was leaning toward my property due to both the age and repeated snowplowing against it each winter. I notified the owner in writing requesting that he repair the fence. . After two years of waiting for him to repair the fence, I contacted the city regarding the problem and then during the summer of2001, he began tearing the old fence down. I asked him about the new fence he planned to build_ When I told him about the necessity of building the fence the same size as the previous one, he stated that if I wanted a fence the same as the old one, I would need to share in the cost of it. I notified the Mayor last summer that I did not think the new fence was suitable because of the height. In addition to being shorter, he was using only one set of boards placed side by side with gaps between them in variations of 1/2" to 3/4" apart so that it can be seen through along with car head and taillights shining through it, which is in direct violation of one of the stipulations stated in the approval of the non-conforming use permit. After many calls to the city last summer complaining about the size of the new fence and the length of time to complete the fence (two months and three weeks), I was advised by the city staff, specifically Mr. Mike Schultz, that the fence is considered suitable according to the current city code--six feet in height and opaque in nature. I feel that this particular fence does not fall under the 1999 codes, but is subject to the original non-conforming conditional use permit. Because I can clearly see through this fence, I strongly disagree with the city's determination that the fence is suitable for screening even by the current city code. . Farmington has grown a great deal since 1965 and there are a lot of advancements in cars, including halogen headlights and car stereo systems capable of shaking rooms. Yet, without even dealing with those issues at that time, the Council decided an 8'4" high, double boarded fence would be acceptable for screening the affected homeowners in . 1965. Now it has been decided by the city that only a single set of boards, gapped and shorter than before is "suitable" screening. In addition, the height and size of one of the stalls allows usage by semis, tractors, trailers and numerous other oversized vehicles. Lights on these types of vehicles are considerably higher than on cars and I believe was another reason for the 8'4", double boarded fence. Many commercial sized vehicles use the car wash. During the past six years, we have endured occasional loud car stereos being played by patrons of the car wash. Prior to this new fence, we rarely notified the police of this loud music, despite being awakened by it, having had it interfere with our children's ability to concentrate on their homework, read or watch television. A few weeks ago I talked to Police Chief Siebenaler regarding the loud music problem. I was informed there are no noise ordinances in the City of Farmington. I was also informed by Chief Siebenaler to call the police whenever car stereos at the car wash are being played loudly to establish a record of complaints regarding the problem. I believe it is reasonable to consider a car stereo too loud when the windows of my home are vibrating from these car stereos being played while I am inside my home with doors and windows shut tightly. . This past Saturday, I phoned the police on two separate occasions to report the loud car stereos from car wash patron's vehicles. The police officer phoned back after my second call, to advise me that there were only two men on duty that day and they couldn't repeatedly go to the car wash to tell patrons to turn their car stereos down. Also, he stated that in responding to my second complaint call a few hours later, the patron had left by the time he had arrived. A suitable fence would alleviate problems for them as well. Based on the minutes from the Public Hearing prior to the approval of the use permit, I believe the intent in the wording "suitable fence be erected" was the end result of that "lengthy discussion with the affected homeowners" mentioned. Perhaps the noise issue was specifically addressed in the "lengthy discussion~'noted. Perhaps the height of the fence was deemed necessary to shield the affected homeowners from the semi, tractor, trailer and other oversized vehicles going through the car wash. Perhaps the debris and trash issue was part of the lengthy discussion, along with the vandalism and loitering mentioned. We will never know because the minutes taken at that Public Hearing are not ~erbatim. Given that, I can't agree that the intent of the fence did not include the noise factor simply because it was not directly stated in the stipulation. I believe all the issues relating to the concerns of the affected homeowners were meant to be addressed by the term "suitable fence" in the stipulation of the Council's approval of the permit. I respectfully request this Council to re-evaluate the determination as to the suitability of the new fence constructed to screen our property. Thank you. . Fred Conlan . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us February 21,2002 Mr. Nat Svela 512 - 6th Street Farmington, MN 55024 RE: Car Wash Fence Dear Mr. Svela: Mr. Fred Conlan, 9 - 7th Street, has filed an appeal to the Zoning decision concerning the fence located on the west side of your property. As Section 2-4-2 of the City Code states, the Board of Adjustment (Planning Commission) shall have the power to hear and decide appeals from any order, requirement, decision, grant, or refusal made by the Zoning Officer in the administration of the Zoning Title (see attached ordinance). Therefore, a hearing with the Board of Adjustment will be held on March 12,2002 at 7:00 PM in the City Council Chambers, 325 Oak Street, to discuss the fence. If you have any questions concerning this information, please do not hesitate to call me at 651-463-1820. Sincerely, ~~ Lee Smick, AICP Planning Coordinator cc: Fred Conlan, 9 _7th Street Mayor Ristow Ed Shukle, City Administrator Kevin Carroll, Community Development Director Joel Jamnik, City Attorney . \. . Car wash fence adjacent to Conlan residence. . --- ......~ Fence looking at Conlan's home to the west.