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HomeMy WebLinkAbout02.12.02 Planning Packet City of Farmington 325 Oak Street Farmington, MN 55024 A Proud PfISt - A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers . AGENDA REGULAR PLANNING COMMISSION MEETING February 12, 2002 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. ELECTION QF QFFICERS 3. APPROVAL OF MINUTES a) January 8, 2002 4. PUBLIC HEARINGS a) Einess Commercial Center/Final PUD Agreement :. b) Applicant: John Einess Variance Permit Application - Expansion of a Non-Conforming Use Applicant: Emma Pohl c) Carr Corner Preliminary & Final Plat Applicant: Tim Carr 5. DISCUSSION a) Recreational Vehicle Discussion Workshop 6. ADJOURN Planning Commissioners: Dirk Rotty, Todd Larson, Chaz Johnson, Ben Barker, Bob Heman City Staff: Kevin Carroll, Community Development Director Lee Smick, Planning Coordinator Michael Schultz, Associate Planner . ~ , , TO: FROM: SUBJECT: DATE: INTRODUCTION City of Farmington 325 Oak Street, Farmington, MN 55024 (651)463-7111 Fax (651)463-2591 www.cLfarmington.mn.us City Planning Commission Michael Schultz Associate Planner l~V Schwiness Retail Center - Final PUD Agreement February 12,2002 Jon Einess, Schwiness, LLC, is seeking a approval of a Final PUD Agreement to construct two retail commercial buildings on Lot 3 and Lot 4, Dakota County Estates 9th Addition. (The developer currently owns Lot 3 and has a purchase agreement on Lot 4, which will be exercised upon approval of the PUD Agreement by the City Council). Plan nine: Division Review Applicant: Referral Comments: Attachments: Property Location: Legal Description: Schwiness, LLC Jon Einess 708 North First Street #423 Minneapolis, MN 55401 1. Lee Mann, Public Works Director/City Engineer 2. Lee Smick, Planning Coordinator I. Location Map 2. Developer's Project Summary 3. Site Plan (Sheet A-I) 4. Elevations & Floor Plan (Sheet A-2) 5. Grading & Drainage Plan (Sheet C-l) 6. Landscape Plan (Sheet L-l) 7. Signage Plan 8. Engineering Letter 9. Fire Marshall Letter (February 6, 2002) 10. PUD Agreement Property is located directly north of the Super America convenience store and south of the new Akin Hills Vet Clinic and situated between Pilot Knob Road and English Ave. Lots 3 & 4, Block 9, Dakota County Estates 9th Addition ~ , , Lot Sizes: Lot 3 = 49,044 square feet Lot 4 = 49,718 square feet Total Lot Area = 98,762 square feet* * Includes Pilot Knob Road Right-of-way easement = 5,991 Building Area: Each building is proposed to contain 8,767 square feet of retail space. Off-Street Parking: 128 Standard parking stalls + 3 Handicap parking stalls. The developer is requesting approval through the PUD agreement process to deviate from the required 10-foot parking lot setback to an 8-foot parking lot setback as measured from the right-of- way easement. Existing Zoning: R-4 PUD - Mixed Code Residential, Planned Unit Development Existing Conditions: The property is currently vacant. Surrounding Land Uses: Townhomes and Single-family residents to the east, existing commercial to the north and south, multi-family (Cameron Woods) to the west. Topography: The site sits slightly below the grade of Pilot Knob Road and slightly above the grade of English Ave. Streets and Accesses: English Ave will be the only street that will serve as access to the site. The developer is proposing one (1) shared access with the Akin Hills Vet Clinic and two (2) additional accesses for a total of three (3) accesses serving the two lots (Akin Hills Vet Clinic currently has two (2) shared accesses at the property lines). Sidewalks: A sidewalk is proposed along the west side of English Ave. connecting from Super America to the Akin Hills Vet Clinic property (one segment will remain on the north lot on English Ave and Upper 1 83Td Street). Parkland and Trails: A trail currently exists along the east side of Pilot Knob Road. Parkland has already been dedicated as part of the Dakota County Estates development. Pilot Knob Road Right-of- Way Easement: A fifteen (15) foot right-of-way easement exists on the west side of the two lots that resulted from the Pilot Knob Road project. As indicated in previous commercial developments, all measurements must be taken from the right-of-way easement instead of the property line in anticipation of any future road projects. An eight (8) foot wide bikepath encroaches 1.14 feet into the easement. z.. , , , Proposed Sienage Pylon Signage: Two (2) pylon sIgns each 150 square feet in area located separately on each lot. Each sign will be 26 feet in height. The tenant copy area is 30 square feet. The pylon signs are proposed to be placed 10 feet from the right- of-way easement (or 25 feet from the west property line); this is an encroachment of forty (40) feet from the required fifty (50) foot front yard setback for pylon signs. Wall Signage: Permitted wall signage is 10% for properties that contain wall and pylon signage. A maximum of 200 square feet for each building, divided proportionately among the tenants of each building. DISCUSSION The developer, Jon Einess of Schwiness, LLC, is seeking approval of a PUD Agreement for the proposed retail center located on Lots 3 & 4, Block I, Dakota County Estates 9th Addition. (The developer currently owns Lot 4 and has a purchase agreement on Lot 3 in which he will exercise when the PUD Agreement is approved at the City Council). The proposed buildings would contain a total of 17,534 square feet of retail space (8,767 square feet each) and contain 4 to 6 tenants in each space. Allowable Uses/Conditional Uses Under the PUD agreement the below listed land uses would be permitted within the. commercial development. Any other land uses not specified within the PUD Agreement but are listed within the B-1 (Limited Business) Zoning District must seek a Conditional Use Permit to be approved by the Planning Commission and the City Council. Any other uses not currently listed in either the PUD Agreement or within the B-1 zoning district must seek either a PUD Agreement amendment and/or amendment to the B- I zoning district. a. Retail Facilities b. Restaurants and fast food restaurants so long as the fast food restaurants are not free standing, are tenants in the shopping center on the Subject Property, and do not have a drive through lane. c. Coffee Shops d. Health Club e. Offices f. Personal and Professional Services, including financial services 3 , , , g. Personal Health & Beauty Services h. Animal Clinics 1. Convenience Store, without gas J. Automobile service and repair k. Clinics Site Design The retail site has been designed in a fashion that the two buildings would be facing each other instead of facing Pilot Knob Road. The developer is proposing this design for two purposes; to avoid a single elongated "strip mall" design and the concept that the businesses will complement each better with the appearance that they are closer proximity to each other. The layout design offers a "market" environment with scaled down buildings that share architectural design elements and easy access parking. Building Design The developer is proposing two identical buildings that will be constructed of brick, two colors of concrete block (one fonning a color band around the top third of the buildings), stucco and large glass storefront windows. The building's front and side fa~ades will contain approximately 10% brick. Colored awnings overhanging the front walkway are also proposed, breaking up the front fa~ade. Floor Plan Four (4) tenant spaces are currently shown on the floor plan" each measuring 30' 6" in width by 70' 8" in depth totaling 2,155 square feet. The size of these spaces will be adjustable to. meet the needs of the tenant, this may allow for more or less than the four tenants currently shown in each building. Parking Lot/Access A total of 128 standard parking stalls and 3 handicap stalls are proposed to accommodate the needed parking. The developer has indicated the national standard is 1 stall per 200 square feet (1/200) of retail space. The proposed number of stalls would equate to I stall per 134 square feet (1/134) of building space. Because of the various uses that are permissible (i.e. restaurant, office, retail, service oriented, etc), and the varied minimum parking standards given with the City Code, the total number of spaces required is difficult to calculate. City parking guidelines requires 1/200 for retail, 1/250 for professional office, 1/75 for sit down restaurants and 1/15 for fast food establishments. Vehicular access for the development will be limited to English Ave with no access permitted from Pilot Knob Road. There are three proposed ingress/egress driveways; one (1) shared driveway access with the Akin Hills V et Clinic/Anchor Bank building along the property line. Two (2) additional accesses are spaced at the property line of the Lots 3 and 4 and the south end of Lot 4. The Super America site has one access from English and another off Elk Ridge Trail. 'I , , , The developer has requested a minor modification in the requirement for parking lot setback as allowed under the PUD Agreement process. City Code requires a minimum setback of ten (10) feet from the property line for parking lots to allow for a landscaped yard. The developer is proposing an eight (8) foot setback as measured from the right-of-way easement or twenty-three (23) feet from the west property line. This would be a modification of two (2) feet in the required setback if approved. Lighting The developer is proposing six light standards positioned around the parking lot. Four (4) of the standards are located around the outer perimeter of the parking lot (two on the west side and two on the east side). Two (2) additional standards are proposed within the center island of the project. The standards will be "shoe box" design with the lighting directed downward to minimize spill. The developer is also proposing wall mounted light fixtures along the north, south and west walls of the buildings (the easterly wall was excluded due to the proximity of the residential housing across English Ave.). Three (3) wall mounts are proposed along the fronts, two (2) along the rear walls and one (1) on the west sides of the buildings. There will also be natural spill from the interior of the buildings through the large glass windows positioned in the front of the buildings. Landscaping City Code requires a minimum of 10% landscape area within the B-1 zoning district (Section 10-6-14 (E) 5); The developer is proposing a total landscaped area of 18% of the site, this includes the fifteen (15) foot right-of-easement; excluding this area it is still almost 13% of the site area. The developer is proposing a three (3) foot landscaped berm on the east side of the development that will provide screening for the residents living on the east side of English Ave. The berm will contain thirteen (13) Colorado Spruce to provide screening from the parking area (this is similar to what was provided on both the Vet Clinic and Super America sites). The west perimeter of the parking area will also contain two varieties of crab trees (11 total), three (3) Marshall's Seedless Ash are proposed along the south property line and three (3) Norway Maple's are positioned near the accesses. A variety of bushes, spirea and daylilly flowers are proposed within the landscaped parking islands. Garbage Enclosures Two (2) 14' wide x 11' deep garbage enclosures are proposed, one located behind each building. The enclosures will be constructed of the same materials of the building and will be secured by a wrought iron gate. The Solid Waste Division has reviewed the proposed locations of the enclosures and found no issues with the location of the structures. Signage The developer is proposing both wall and pylon signage as part of the project. Two (2) 150 square foot pylon signs are proposed, one to be placed on each lot. The height of the proposed signs will be twenty- six (26) feet, the maximum permitted within a 50-mile hour speed zone. ~ , , , 1. The PUD Agreement shall be contingent upon the applicant's acquisition of Lot 3, Block 1, Dakota County Estates 9th Addition. Respectfully S",brnrtlfO /1 ;/J4.LP~rr...- Michael Schultz Associate Planner Cc: Jon Einess, Schwiness, LLC Development file 7 , Property Location Lots 3 & 4, Block 1, Dakota County Estates 9th Addition il I , &' iU.....tL.L.Oi~J. in........L/'..Oi;JJd tofnflo ,,"'> I 'B NM'<OlO LSOSS NJI[ 'U'I"IIIH.LHOl\l 6t X08 'O'd NH 'NOJ.!)NIHlIY:I ,NOISIA3~ l\fll3N3!l ZOIoo1zo ':lNJ 'Sl:lID'OHd mIVlI~ NVld 3.LIS 1IQ~ lI:1AnI )11:1. ION)I J.01Id = ~ lIilJ.N:lO 1IYUlI SS:lNIMHOS """"'" z t (:) <( ~ CO o Z ~ b -1 - 0.. ~ M :c (]5 u ~ <( ~ ~ :::> (f) UJ I::; (f) .. '" ~ iii c.. 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ON.... < ~~ F';'; ~ ~~ ~~~ ~ ~~ ~ii ~ ~~ ~~~ i z :5 0- W ~ 0- II (5 ~ ~ ~ z :5 ~ jg ~ UJ ;) ;U o~ ~ ~~ j!:u ~... ii Un .. ~~ ~~ ~ ~~ ~~ v b --I ~ .... g: 0,;- Il ~~~ ~ sco~ w qr::":. :E ~~~ ~ ~~~ ~ "'''''I:) b bbF I'l ..J..J ... ~ s '" ~ ~.... ~ ilS ~ ~~ t!. ~'"' ~ ::e _~ fQ ~ .... liiE ~.-. ~:::i II II cUJ "" II ~~ ~R ~'" !Dlla ....!;( o~ j!!iC!; ~~ ~8 ~~~ Sl~ !~ ~i~ ~~ ~ olllf;) ~~ ~~ ~~~ - , , I " DEVELOPER'S SHOPPING CENTER PROJECT SUMMARY General Proiect Description Our goal for the Subject Property is to create a colorful, upscale, multi-tenant marketplace to attract a complementary variety of small to medium sized retail, restaurant, service, and related commercial businesses. Subiect Property The proposed project is located in Farmington, Minnesota on land legally described as Lots 3 and 4 of Block 1, Dakota County Estates 9th Addition ("Subject Property"). The Subject Property is 98,762 square feet in size and generally rectangular in shape, approximately 400 feet in length and 247 feet in width (see enclosed survey). The property is zoned as a Planned Unit Development pursuant to Ordinance 086-176, adopted February 18, 1986. The Subject Property is subject to a Development Contract dated September 9, 1994, that is filed of record. We propose to enter into a Planned Unit Development Agreement ("PUD Agreement") with the City of Farmington and with the signing of the PUD Agreement to terminate the existing Development Contract and file a release of the Development Contract with respect to the Subject Property. Developer The Developer, Schwiness, LLC, is a Minnesota Limited Liability Corporation. The Developt:ir is the owner of Lot 4, Block 1, Dakota County Estates 9th Addition, and is the holder ofan option to purchase Lot 3, Block 1, Dakota County Estates 9th Addition. It is the Developer's intent to exercise the option upon obtaining the necessary City approvals. The principals of the Developer are commercial real estate developers and managers in the Twin Cities area. A representative sample of the principal's previous projects include the following: 1. Dakota Center, Eagan, Minnesota 2. Eagle Trace Center, Burnsville, Minnesota 3. Prairie Village Mall, Eden Prairie, Minnesota 4. Valley Creek Mall, Woodbury, Minnesota 5. Centennial Lakes Medical Building, Edina, Minnesota 6. Lakeville Medical Building, Lakeville, Minnesota 7. Ridge Pointe Medical Building I and II, Burnsville, Minnesota 8. Perkins Restaurants (10 units in the Midwest) Buildine:s We are proposing a two-building complex (8,767 square feet each for a total of 17,534 square feet) and site layout (see the enclosed Site Plan) constructed with high quality, low-maintenance materials, an interesting architectural design, ample parking, and an overall Site Plan that creates a market-like environment. Architectural elernents include brick, large glass storefronts and windows, two colors of decorative colored concrete block, stucco, a sill along the base of the building, and colored awnings (see enclosed Elevation Drawings; Floor Plan). Also, the site layout creates a "market" environment by facing the two structures towards each other rather than utilizing the classic long "row house" design. This layout seeks provide customers with a panoramic view, easy access to parking, and 1 ')3 parking in close proximity to all tenants encouraging shopping at more than a single tenant per visit to the site. This site design also avoids facing a very long building, and the associated signage, directly at the residences to the east of the Subject Property. .. Since the total building size is only 17,534 square feet, the lot coverage ratios are significantly below the maximum coverage ratios allowed by City Code, even if the area subject to the right of way is not included in the lot coverage ratio calculation. Lot Coverage Ratio: 17.75 % Lot .coverage Ratio (without the lot area subject to the right of way easement): 18.90 % Allowed Lot Coverage Ratio: 25 % Since both lots comprising the Subject Property will be under common ownership and are part of the proposed coordinated development, the Developer requests that the PUD Agreement reflect that the side yard setback requirements in the City Code do not apply with respect to the common lot line separating Lots 3 and 4, of Block 1 of Dakota County Estates 9th Addition. Land Uses We propose that the Subject Property be used for those land uses generally permitted in the B-1 Zoning District as described in the Farmington Code. These uses include small to medium sized retail, restaurant, service, and related commercial businesses. The Developer specifically proposes the following uses: , a. b. c. d. e. f. g. h. 1. J. k. Retail Facilities Restaurants and fast food restaurants so long as the fast food restaurants are not free standing, are tenants in the shopping center on the Subject Property, and do not have a drive through lane. Coffee Shops Health Club Offices Personal and Professional Services, including financial services Personal Health & Beauty Services Animal Clinics Convenience Store, without gas Automobile service and repair Clinics We also propose that other uses be allowed as follows: 1. Uses allowed in the B-1 Zoning Classification with a conditional use permit, subject to obtaining a conditional use permit from the Board of Adjustment; and 2. Additional uses approved by the City Council via future amendments to the PUD Agreement. Parkin~ , Parking stalls are distributed throughout the Subject Property for customer and employee use. The total of 131 stalls (128 standard stalls and 3 handicap accessible stalls) provided represents a ratio of approximately 7.5 stalls per 1,000 square feet of building space (or conversely, 134 square feet of building space per stall). Due to the anticipated variety of tenants and uses (see Land Use section of 2 J4 . . , , this Project Summary and proposed PUD Agreement) and to accommodate future changes in the mix of tenant uses, we have elected to provide this substantial increase in parking over the retail standard ratio of 1 stall per 200 square feet. For example, the total stalls provided allows for half of the total building space to receive parking at the rate of 1 staW200 square feet and the other half of the total building space at the rate of 1 staW100 square feet, twice the normal retail standard. Sif!naf!e - Buildinf! and Plvon The building design provides a visible location (stucco element above awnings) for tenant storefront building signs above entrances. The total building signage square footage (200 square feet per building) will be divided proportionately between the anticipated 4 to 6 tenants per building. Due to the preferences of the currently unknown mix of tenants, some may utilize backlighted panel signs and others may opt for individually lighted letters and logos. However, the total areas covered by either concept shall be limited to the maximum allowable area per building. A pylon sign (150 square feet maximum and not exceeding 26 feet in height) for each site is proposed (see Site Plan and separate sign design illustration included with this submission) along the west side to identify tenants to the high speed traffic along Pilot Knob Road. The pylon sign for the north lot has been moved south of the northwest corner of the lot so as not to interfere with the existing pylon sign on the lot north of the Subject Property (animal hospital and bank site). It is our understanding that the .City Code calls for the pylon sign setbacks to be the same as the building (50' from the property line). It is also our understanding that this has generally not been considered to be practical on small lots and that neighboring properties have all been granted variances to place pylons in the landscaped yards along Pilot Knob Road. We request to be allowed to locate our pylons at a point no closer than 25 feet from the west property line (this is the same as 10 feet from the right-of-way line). Landscauinf! The Landscape Plan was designed to meet the various plant number, species, and spacing requirements, and the landscaped perimeter requirements set forth in the City Code (see enclosed Landscape Plan). The total landscaped portion of the site including yards and islands with plantings represents approximately 18,700 SF of the total site area of 98,762 SF or more than 18% of the site, substantially greater than the minimum City Code requirements of 10%. The landscaped yards located along the perimeter of the site include numerous landscaped islands providing traffic control and breaking up paved expanses. Coniferous trees and shrubs set on a small berm are proposed along English Avenue to screen the subject property from adjacent residential zoning. . We also will complete the sidewalk in this east perimeter by connecting the existing sidewalk on the lots directly north and south of the Subject Property. The Pilot Knob side of the property includes ornamental trees and other low-growing plantings to avoid obscuring storefront visibility from the Pilot Knob Road side. The Planning Staff has requested an unpaved perimeter of 25 feet from the west property line to the parking lot to accommodate the right of way easement and a 10 feet wide unpaved perimeter. We respectively propose a parking setback of 23 feet on the west property line. In order to obtain the various benefits to the local residents, customers, tenants, and the Developer of facing the two buildings towards each other, we are losing a significant amount of building square footage (please 3 Is .. , , note the low lot coverage ratio). Accordingly, the width of the Subject Property is a key factor in determining whether there remains sufficient building square footage to make facing the building towards each other a viable option. In support of our request, we present the following: . A setback of 23 feet accommodates the City's request for an unpaved area along the west lot line (the distance between the existing bike path and the parking lot is approximately 23 feet). . The 8 feet available between the right of way line and the parking lot provides us with sufficient area to construct an attractive landscaped area along the west perimeter. Landscaping along this area is intended to be smaller scale (ornamental deciduous trees and low shrubs) so as not to obscure the storefronts from the traffic on Pilot Knob Road. . The total landscaped area in the Subject Property exceeds the minimum landscape coverage by 80%. . The proposed setback allows us to build two building facing each other thus avoiding the problems associated with one long strip center. A single building spanning both lots yields substantially greater building coverage on the Subject Property but is less desirable in several ways due to the unique nature of this location which is fronted by both Pilot Knob Road, a major County route, and English Avenue, a neighborhood street. First, fronting the complex towards the English Avenue side results in greater storefront lighting, headlights and retail activity directed across the street towards a residential neighborhood. Second, this approach turns the back of the complex to the high traffic counts on Pilot Knob Road and exposes only the less attractive delivery and trash handling areas to the thoroughfare. Third, fronting the complex towards Pilot Knob Road gave the businesses plenty of exposure to a high traffic counts but forced customers to enter the site from the rear and then drive around the building to reach store entrances. Also, in this layout the residences to the east of the Subject Property face the delivery and trash handling functions. Fourth, the length of the shopping center may result in a less attractive shopping center. . The proposed setback allows for the accommodation of a 27" storm sewer that serves areas west of Pilot Knob Road and passes through these two lots at their common property line. . The proposed setback allows us to increase on site parking as compared with other site designs. The City Code provides for a wide variety of parking requirements, and the requirements are particularly stringent for restaurants. To accommodate the need for local restaurants as documented in the Citizen Survey and to meet the City Code parking requirements, we endeavored to increase the amount of parking on site. . The proposed setback allows customers on both Pilot Knob Road traffic and English Avenue to look through the site and still view storefronts and signage. . 4 It, " , , . · Other options to squeeze an additional two feet setback either negatively affect traffic flow (e.g., one way drives), interfere with delivery vehicles and fire fighting equipment access to the west side of the Subject Property, or reduce the size of the building beyond the 8 feet site reduction already offered by the Developer. . It is our understanding that the proposed setback meets the parking lot setback requirement of 10 feet from the property lot line and meets the landscape perimeter requirement of an unpaved perimeter of at least 10 feet between the property line and the parking lot. For all of the above reasons, we concluded that the site layout as submitted is the best and most desirable alternative. It provides for a substantial unpaved landscape perimeter, benefits the surrounding neighborhood by minimizing negative externalities, allows for additional on site parking, opens up the site and ''visually connects" Pilot Knob Road and English Avenue. Please consider our entreaties in this regard. Construction Timeframe Subject to obtaining the necessary approvals, we plan to begin construction in April, 2002 and complete construction in September, 2002. The project will not be phased and the development of both lots will occur simultaneously. 5 11 ,I (- I PROJECT PYlOII / lElli'.l n:> CUSTOMER Ell 1/\:>:> PROPER,lIE:> CllY STATE ;'R,t,,1II1Q10II Mil INO I REVISION i liO . r fONTS USED: Ill/\ 12' her 12' -6" 150.00 SO FT I T W" 1 vVHITE FACE wi 3M TRf.J-.ISLUCENT FILM COLOR DETERMINED BYTENANT REVERSED COPY ;3" REtA.INER & DIVIDER BARS Cf..BINET, RETf\II'IER, DIVIDER Bl...S & SHROUD PAJHTED D f.RK BRONZE 13' -6" 36" SHROUD I r'O .. h ORIC. DATE DRAWN BY ' FILE N..o\ME OL'I4i02 P .,:,.t~R,1I1 I rt:l-oo 12tlo.:5CVR REV. DATE .. 00/00100 CUSTOMER APPROVAL SALES REP. ~CK ", SCALE Li.r = f.O" DATE THIS DRAWINC IS THE PROPERTY OF f"'~~ ~- )2' MINNESOTA AVE. N. ORONOCO. MN "'60 PHONE i 507.)67 .26'1 FAX! "J01.)61.26') 'I WORK ORDER #: 1610 E. CUFF RD. BURNSVI LLE. MN ffl)1 PHONE; 9'n.a94.2421 FAX ... ~2"''14.214a l'g .. , , City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminarton.mn.us January 24, 2002 Mr. Jon Einess Schwiness, LLC 708 North First Street, #423 Minneapolis, MN 55401 RE: Einess Commercial Property Dear Mr. Einess, Engineering staff has reviewed the construction plans that were submitted for the above referenced project. The following comments need to be addressed prior to the next submittal: General Comments 1. Submit project specifications for review. Include requirements for testing. 2. Provide stop signs at all intersections to English Avenue. 3. Include storm sewer schedule (Include structure number, size ofMH, casting, etc.). 4. Include storm sewer profiles. 5. Show sanitary service connections to the existing 15' stubs into the properties. Currently connections are being show at the property line. 6. The 5' sidewalk constructed must line up with the property to the north (Approxirnate 12' boulevard). 7. Label B612 (Typical) curb and gutter. 8. Storm sewer pipe angels within manholes must be greater the 90 degrees (Near access between lots 3 and 4). 9. Show 27" storm sewer between lots as existing. 10. What do the circles with numbers in them within the parking lot area represent? 11. Address all comments in the attached letter dated 01/24/02 from John Powers (Fire Marshal). Sheet C-l (Grading and Drainage Plan) 1. Show contours and topography beyond the project limit (To the buildings on the north and south sides and to road centerline on the east and west sides). 2. Include rock construction entrance per City Plate ERO-08. ,~ .. , , 3. Include percent of grades in the parking lot areas. 4. Define limits of silt fence (Reference is made in Note #5). Place around perimeter of project. Sheet C-2 (6" Water Main Plan and Profile) 1. Label hydrant, include TNH elevation, 6" GV and reference City Plate WAT-Ol. 2. Label 8"x6" reducer at watermain connection. 3. Where will the bituminous be disturbed as referenced in Note #7. Please address each of these comments and re-submit the plans and additional information requested. If you have any questions, please contact me at (651) 463-1600. Sincerely, ~/11~ Lee M. Mann, P .E. Director of Public W orks/City Engineer cc: File Grant Jacobson, Jacobson Engineers and Surveyors Kevin Carroll, Community Development Director Lee Smick, Planning Coordinator . Mike Schultz, Associate Planner John Powers, Fire Marshal 20 FIB'r "1'16TOI 11'BoE DEPPIBTM.~. E'IlrT ;;,iU ~~ JYIJL ~ Dr ~ ~ ~;;;::I ......~ _ ......., ~..... ~ ..... :.I ......, All :;.::.I .. Established 1880 325 Oak Street Farmington, Minnesota 55024 1-24-02 Comments added 2-7-02 Jon Einess Re: Site Plan Review- Schwiness Retail Center I have reviewed the plans for the above-mentioned project. These plans were approved as noted, provided the following items are addressed and corrected: 1. The location of the new fire proposed location. This event of the fire. This was addresses to the next island west of the to access it in the ~ 2. Provide "No buildings. Signage center of the This was addressed of both aisles in the 2-6-02. 3. Provide a Fire The placement of the buildings are complete. Knox Lock Box on each p~ilding. Boxes will be determifJed by the Marshal when the 4. It is the Farmington Fire the installation of automatic fire suppression In this project, fire sprinklers may not be required to be installed; however, the use of the building(s) will be limited without the installation of sprinklers. Uses including but not limited to, auto repair, restaurants that serve alcoholic beverages, high-piled storage, daycare and the storage or use of hazardous materials may not be allowed without automatic sprinklers. It has been indicated that the builder will not install automatic sprinkler protection in the buildings at this time. It is understood that the building uses will be limited by current and future Building and Fire Codes adopted by the jurisdiction Careful inspections and installation reviews will be conducted to assure compliance. This review does not necessarily indicate all deficiencies on the plan, nor does it relieve the builder or contractors of their responsibilities during or after construction. If you have any questions please feel free to call me at 651-463-1840. I~ John Powers '21 .- , , DRAFT DRAFT DRAFT PLANNED UNIT DEVELOPMENT AGREEMENT AGREEMENT dated ,2002, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation (referred to herein as "City"), and Schwiness, LLC, a Minnesota Limited Liability Corporation (referred to herein as "Developer"). RECITALS A. Developer owns property situated in the County of Dakota, State of Minnesota, and legally described as Lot 4, Block 1, Dakota County Estates 9th Addition and holds an option to purchase property situated in the County of Dakota, State of Minnesota, and legally described as Lot 3, Block 1, Dakota County Estates 9th Addition.(collectively referred to herein as "Subject Property"). B. The Subject Property was rezoned from R-1 to Planned Unit Development as part of Ordinance 086-176, adopted the 18th day of February, 1986. C. By agreement dated September 9, 1994, the City approved a Development Contract for the Subject Property ("Development Contract"). NOW, THEREFORE, the parties agree as follows: 1. Request for Approval. Developer has asked the City to approve a Final Site Plan for the Subject Property (also referred to in this Agreement as the "Site Plan"). 2. Conditions of Approval; Conditions of Agreement. The City hereby approves the Site Plan for the Subject Property subject to the conditions set forth in this Agreement, on condition that Developer enters into this Agreement. The Developer owns that portion of the 98382 1 '22. .. , , DRAFT DRAFT DRAFT Subject Property described as Lot 4, Block 1, Dakota County Estates 9th Addition. It is the Developer's intent to exercise the Developer's option to purchase that portion of the Subject Property described as Lot 3, Block I, Dakota County Estates 9th Addition upon City Council approval of the Site Plan and this Agreement. This Agreement shall not become effective until and unless Developer obtains ownership of both lots constituting the Subject Property. 3. Effect of Planned Unit Development Approval. For a period of three (3) years from and after the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout, or dedications of the development unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything within this Agreement to the contrary, and subject to non-conforming use rights and to the extent permitted by State and Federal Law, the City may require compliance with any amendments to the City's Comprehensive Guide Plan, Zoning Ordinance, official controls, platting or dedication requirements enacted after the date of this Agreement. 4. Plans. The City grants approval to the development of the Site Plan in accordance with the following plans, which are on file at Farmington City Hall. The plans are not attached hereto. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A - Site Plan Plan B - Elevation Drawings; Floor Plan Plan C - Water Main Plan Plan D - Grading/DrainagelUtilities Plan Plan E - Landscape Plan 98382 2 2:5 ,. , , DRAFT 5. DRAFT Terms of Site Development. DRAFT The Subject Property shall conform to the following minimum requirements: 98382 A. Building Area - The two buildings are not to exceed a footprint of 17,534 square feet. B. Building Design/Materials - The building design and materials will be consistent with that of the site plan and building details approved by the City Council. A minimum of 10% of the total building face will be made up of brick, the remaining 90% will be made up of impregnated color rock faced concrete block, stucco, stone and glass. C. Parking - A minimum of 127 standard parking stalls and a minimum of 3 handicap accessible parking stalls will be maintained and used for commercial use by customers, vendors and other visitors to the Subject Property. The City and the Developer agree to a parking setback of 8 feet from the right of way line on the west side of the Subject Property. D. Signage - Both wall and pylon signage will be permitted and not to exceed the following standards: 1. Wall signage - For each building, the total wall signage cannot exceed 10% of the following: the sum of the gross area of the two front facades of the building. In no event shall the total wall signage exceed 200 square feet per building. There is no size limitation on individual signs so long as the above-referenced limitations are met. 11. Pylon signage - Two pylon signs not to exceed 150 square feet for each sign nor to exceed twenty-six (26) feet in height. Only one (1) 3 2'1 .. , I DRAFT DRAFT DRAFT pylon sign per lot. The minimum required setback for pylon signage is approved to be reduced from the required fifty (50) foot setback to ten (10) feet as measured from the C.S.A.H. 31 right-of-way easement or twenty-five (25) feet from the actual west property line. This signage does not include any necessary directional or parking signage. E. Landscaping - Except as otherwise specifically provided herein, the Site Plan will meet or exceed the minimum requirements of the City's Landscape Ordinance. F. Sidewalk - The Developer will be responsible for the construction of the sidewalk along English Avenue, completing the connection between the two existing sidewalks. G. Trash Enclosures - The Developer will provide two (2) trash enclosure's (one for each building on the Subject Property) that will be constructed with the similar materials as proposed for the main structure. H. Side Yard Setback - The City and Developer agree that the side yard setback requirements in the City Code shall not apply with respect to the lot line separating Lot 3 Block 1, Dakota County Estates 9th Addition and Lot 4 Block I, Dakota County Estates 9th Addition. 6. Zoning. The following land uses are permitted under this Agreement and any other uses not included below will require one of the following: (i) an amendment to this Agreement approved by the City Council; or (ii) a conditional use permit authorized by the Board of Adjustment pursuant to 98382 4 2~ .. , , DRAFT DRAFT DRAFT the conditional use permit process and City Code for the B-1 Limited Business District Zoning Classification. a. Retail Facilities b. Restaurants and fast food restaurants so long as the fast food restaurants are not free standing, are tenants in the shopping center on the Subject Property, and do not have a drive through lane. c. Coffee Shops d. Health Club e. Offices f. Personal and Professional Services, including financial services g. Personal Health & Beauty Services h. Animal Clinics 1. Convenience Store, without gas J. Automobile service and repair k. Clinics 7. Compliance with Permit and Licenses. It is the responsibility of the Developer to obtain and comply with all necessary approvals, permits, and licenses from the City of Farmington, Dakota County, Minnesota Pollution Control Agency, Minnesota Department of Health, and any other regulatory agency affected by or having jurisdiction over the site. All costs incurred to obtain said approvals, permits, and licenses shall be the responsibility of the Developer. 8. Compliance with Laws and Regulations. Developer represents to the City that the proposed development complies with all applicable City, County, Metropolitan, State, and 98382 5 Z& .. , , DRAFT DRAFT Federal laws and regulations, including but not limited to DRAFT of the Farmington City Code, planned unit development ordinance, subdivision ordinances, zoning ordinances, and environmental regulations in effect during the course of this development or Agreement. Developer agrees to comply with such laws and regulations. 9. Enforcement. Developer shall reimburse the City for reasonable costs incurred in the enforcement of this Agreement, including reasonable engineering and attorney's fees. Developer shall pay in full all bills submitted to it for the above-referenced costs by the City within sixty (60) days after receipt. Bills not paid within sixty (60) days shall be subject to an eight percent (8%) per annum interest charge. 10. Miscellaneous. A. Breach of any material term of this Agreement by Developer shall be grounds for denial of building permits. B. If any material portion, section, subsection, sentence, clause, paragraph, or phrase of this Planned Unit Development Agreement is for any reason held invalid as a result of a challenge brought by Developer, their agents or assigns, the City may, at its option, declare the entire Agreement null and void and approval of the final planned unit development shall thereby be revoked. C. The action or inaction of any party shall not constitute a Waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement after expiration of time in which the work is to be completed shall not be a waiver or release. 98382 6 27 ,. , , DRAFT DRAFT DRAFT This Agreement shall run with the land and shall be recorded in the D. Dakota County Recorder's office. The Development Contract dated September 9, 1994, is hereby terminated with respect to the Subject Property as of the date of this Agreement. The parties shall file a release of such Development Contract covering the Subject Property within a reasonable time after the date of this Agreement. E. This Agreement shall be binding upon the parties, their heirs, successors, or assigns, as the case may be. F. Third parties shall have no recourse against the City or Developer under this Agreement. G. Except as otherwise specified herein, Developer shall pay all costs incurred by Developer and the reasonable costs incurred by the City in conjunction with the development as set forth in the Site Plan, including but not limited to Soil and Water Conservation District Charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the Site Plan, and the preparation of this Agreement. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. 11. Notices. Required notices to Developer shall be in writing, and shall be either hand-delivered to Developer, its employees or agents, or mailed to Schwiness, LLC c/o Jon Einess by registered mail at the following address: 708 North First Street, #423, Minneapolis, 98382 7 Z?f .. , , DRAFT DRAFT DRAFT MN 55401. Notices to the City shall be in writing and shall be either hand-delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: Farmington City Hall, 325 Oak Street, Farmington, Minnesota 55024. CITY OF FARMINGTON By: Gerald G. Ristow, Mayor And Edward J. Shukle, City Administrator Schwiness, LLC By: Jon Einess Its: Chief Manager 98382 8 '2-9 .- , , DRAFT STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA) DRAFT DRAFT The foregoing instrument was acknowledged before me this day of ,20_, by Gerald G. Ristow and Edward J. Shukle, the Mayor and City Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,20_, by , the of , a , on behalf of said Notary Public THIS INSTRUMENT WAS DRAFTED BY: 98382 9 30 . . . 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 Michael Schultz ft ~ Associate Planner Variance Application - Expansion of a Non-conforming Structure February 12,2002 The applicant, Emma Poh1, is seeking variance approval to expand a non-conforming structure that is located within the minimum fifty-foot setback adjacent to a minor arterial roadway. Planning Division Review Applicant: Attachments: Property Location: Legal Description: Lot Size: Existing Zoning: Emma Pohl 21056 Chippendale Ct. Farmington, MN 55024 1. Variance Application 2. Location Map 3. Certificate of Survey 4. Zoning Map 5. 2020 Comprehensive Plan Map 6. Dakota County Property Records 7. 10-6-1: Non-conforming Uses 8. Previous Variance Decisions a. April 6, 1996 b. March 11, 1997 Property is located on the southeast comer of Trunk Hwy 3 and Chippendale Ct. Lot 6, Dooley Addition 11,090 square feet A-1 (Agriculture) . . . 2020 Comprehensive Plan: Business Existing Land Use: Single-family residential Surrounding Land Uses: Single-family residential is located to the north and east of the property. Marshall's Bus Line is located at the end of Chippendale Ct, the road serves as the only access in and out of the property. An abandoned railroad spur line is located to the south of the subject property and commercial is located across Trunk Hwy 3. Year Home was Constructed: 1950 (according to Dakota County Parcel records) Estimated Market Value Of Property - 2001: $73,200 (Land Value = $21,300, Building Value = $51, 900) MN State Trunk Hwy 3 Right-of-way Width: The right-of-way measured at the property is approximately 225 feet. The desired right-of-way needed for a four lane divided County roadway is 150 feet. Previous Decisions: - April, 1996: Tim VanEps, 504 Willow St., increase size of non-conforming use without adding to the ground floor area. Property located in an 1-1 district. Commission Decision: Approved. - March, 1997: Tim & Patricia Downey, 500 Willow St., construct a new garage on non-conforming residential property in 1-1 district. Commission Decision: Approved. DISCUSSION The applicant, Emma PoW, is seeking variance approval in order to expand a non-conforming structure located within the minimum fifty (50) foot front yard setback along minor arterial roadways. The applicant is proposing to construct a 12' x 12' deck and a small mud room. Currently, the applicant's home measures 12.67 feet from the right-of-way line and the entire structure is located within the minimum fifty (50) foot setback. Section 10-4-1 (1) ofthe City Code states as follows: The minimum front yard setback for all districts adjacent to minor arterial streets included in the Thoroughfare Plan of the Farmington Comprehensive Plan, except for those within Section 31, shall be fifty feet (50') from the planned right-of-way line. (Ord. 095-360, 10-16-1995) 2- . . . The property was annexed in November of 1997 and was initially zoned A-1 (Agriculture), as required by the Zoning Code when property is annexed into the city limits, and has not been amended since the annexation. The single-family homes adjacent to the property, as well as Marshall Bus Line, are still located within Empire Township. The 2020 Comprehensive Plan identifies the property as future business and will likely be rezoned during the upcoming Zoning Map amendments. Based on the current 2020 Comprehensive Plan, the use of the property is considered non-conforming. The City Attorney points out that a city's zoning map should concur with the city's comprehensive plan map, thus the comprehensive plan map prevails over the zoning map in this particular case. It is City staff s opinion that the property alone is not currently viable for commercial use and would not be until other adjacent properties were acquired and redeveloped for commercial purposes. City is unaware of any pending redevelopment plans for this particular property or surrounding properties at this time. Also, the applicant's proposal of an accessory structure and nonliving room would only add minimally to the ground floor area of the property. The Board of Adjustment may vary the regulations of this Title if all of the following requirements are met: 1.. Literal enforcement of this Title would result in undue hardship with respect to the property. . The house was constructed in 1950, prior to the adoption of the current Zoning Code. 2. Such unnecessary hardship results because of circumstances unique to the property. The property is adjacent to an extensive right-of-way (approximately 225') for a State Highway, a narrower right-of-way would have less effect on the property. 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. The City Code requires a fifty (50) foot setback adjacent to Minor Arterial roadways, this provision was adopted in 1996. 4. The variance observes the spirit and intent ofthis Title, produces substantial justice and is not contrary to the public interest. The designated future land use of this property is business as designated within the 2020 Comprehensive Plan, this designation contemplated a higher and better land use for the property due to its close proximity to a high traffic roadway and other adjacent commercial development. .3 . e . 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. (Ord. 086- 177,3-17-1986) This property is not located within a flood zone. REQUESTED ACTION City staff recommends approving the variance to expand the non-conforming structure/non- conforming use with the proposed 12' x 12' deck and mud room based on the opinion that the applicant is not significantly adding to the footprint of the structure and is doing so with only an accessory structure and a "non-living" mud room. R;Julj SUbmi~ ~~ael Schultz ~ Associate Planner V Cc: Emma Pohl, 21056 Chippendale Ct. 4 . CITY OF FARMINGTON VARIANCE APPLICATION Farmington, MN 55024 651-463-7111 FAX 651-463-1611 ApplicantName E~M~ ~()~\ Applicant Address <J ~ C\,,\ ~9n'\1,,-\-{. '- ~. ~ 0..., 'rc'\\ '"'~~V\ ('t\",. Street City State Phone Number ~S \ - l\~3 - Or\5Q Legal Description of Subject Property: (lot, block, plat name, section, township, range) \ l)~ c;, J ~6() \~'1--f\).1 ~\ \ ')'t\ Current Land Use~s~\e~\I\.\ ~()'f(\~ Current Zoning District~-'~ ~\".~ \)~'(\~\11 - 5\n~\e "t~~\~ esPecifiC Nature of Refluest i Claimed Hardship: ~.(J ~~, 0.. (' ()\ ~ "~,, ~{ &o,~~~ C. 'J l'\.~'~ ';' 'lY\ \N~~~ C\J ("~~~ c...o~~-s Proof of Ownership \ Bounda.Q1Lot Survey X Applic~!ion fee ($150) L Copie~ Site Plan _ Abstract/Resident List (adjoining property owners only) _ Torrens (Owner's Dublicate Certificate of Title Required) Property Owner's Signature ~ !.. P o-AJ!.... Date u- ~ 8" ~o I Following Attached: (please check) . OW' ~ I 2-) ~ ;,,, ~ !>7;) cf lJ> I 'S; D <?5!- 5 ::z ~ c .Q C) Q) ....J C co o 'C Q) E <( 8 LJ IIIIIJ ~ rrmm 3AV 3lVON3dd1H~ / € AMH >tNn~.l ~55 .- Q) co ::;, 00 ft, ~ en ~ o ~ ~ ~ ~ en w z a.. .is H.iL Boundary Survey Attention: Dan Adelnann Construction . . . a DELMAR H. SCHWANZ B01159 LAND SURVEYORS. INC. RltOlllerlld Under L... 01 The 51"1 01 Mlnn_. 14750 SOUTH ROBERT TRAIL ROSE MOUNT, MINNESOTA 55068 651/423-1769 o \ ~ <2>. \ ~ ,1 .'l5~ "''.1' ~~ ~ . ~~ St~~ll' n~Lt. ----- "\'npt.~\J -~ Cr\~-:'-- o 1.0 CO 1.0 o 0 o 0 o o 3: o .... ( ~. , 4',,~ e lDt ~~~O. ,f,f~ 11 277 square feet -/~ ~a. So.. ' O~ ~ ~ ~ .t.t.g"'l' ~>.g 6 = 30 feet . Denotes Found Iron Pipe Denotes Set Iron Pipe , ~I C'I1 C'I1 ~I o o %1 L- -- -:-,' OO-€, -- l'1A \. IHlOT R/ll .~ -- --00 \00. .Property Description: Wt 6, IXXJIEY J\DD. ,.according to the \\l\\lIIPJ1'I/J - . ': . ,'\\\\\\\:~ ~'~~ C: J!f!.!/!;,.. recorded plat thereof, Dakota County, ~'" \i;,~\'4...,jO "1:', . ~~\, ............ )""''-'M;...no~'''' J::.~ ,la:...... .......d").~~.u...~"-404. ~ .- ..."'f :::-~ l*;/' DELMAR H. \~~taining 11,277 square feet. I her,by certify that this survey. plan, or report w~ i SCHWANZ } i ..... J..' i) r. prePfred by me or under my direct lupervlaion an! \ - 8625 - i I?~Id~. .. fA'''/ ;' I /1 that am a duly Registered Land Survey~ under %('" .... ....0::$ J." ,. /1 J the "WI 01 the State 01 Mlnnelota. ~"9.A":'" ...:.',O,..-%, _ ..I'/ll'f~,/'l 7\ A/A), I'll .. ~'''^'''' ..,~", ,..s.' . ,.' f/ ..' c" II, AI ' r~ V '~......, ".. ~'!i' . . "~I{.IIJ~ SUR "J ~\\~~ Delmar H. Schwanz Dated 12-26-01 '~IIIIIII/llllll\\\\\\~ Mlnne.ote Regllltretlon No. !l825 . 7 Dakota County Real Estate Inquiry http://207.171.98.200/scripts/esri...webql&Cmd=Details&PIN=142110006000 Property Record Details Many commonly asked questions about assessment information may be answered at the Dakota County Assessin!:) Services Frequentl Asked Questions web page. Note: Click data field headings for further information on each value. Data Updated 12/31/01. . PROPERTY lD NUMBER: 14-21100-060-00 PROPERTY ADDRESS: 21056 CHIPPENDALE AVE W '=-6.BM1Ne'fON1lJl1'f5552-;r--'---"~"",~".,."", 61~~STIMATED MARKET VALUE PAYABLE 2002\. LAND: $21,300 ~..~ BUILDING: $51,900 . TOTAL: $73,200 2001 IAX4.BLC,'L1MITI!fr'Mmn(EiVAWE (PAYABLE 2002) LAND: $20,000 BUILDING: $48,800 TOTAL: $68,800 2000 ESTIMATED MARKET VALUE (PAYABLE 2001) TOTAL: $65,700 2000 TAXABLE/LIMITED MARKET VALUE (PAYABLE 2001) TOTAL: $63,400 PAYABLE 2001 TAXES NET TAX: $688.58 SPECIAL ASSESSMENTS: $0.00 TOTAL TAX & SA: $688.58 LAST QUALIFIED SALE: DATE: AMOUNT: $0 LOT SIZE (EXCLUDES R1W) ACREAGE: 0.25 YEAR BUILT: 1950 SCHOOL DISTRICT: 192. WATERSHED DISTRICT: VERMILLION RIVER PAYABLE 2002 HOMESTEAD STATUS: FULL HOMESTEAD PAYABLE 2002 ASMT USAGE: RESIDENTIAL 2001 BUILDING CHARACTERISTICS (PAYABLE 2002): . fJrPE ---; r=-='" w-v-._._w ,m= ..JIS.FAM.RES .; Ir~~R BUILT Ii 1950 mm mu,"'..-..-.-..._-.._-....~...... _w"........ L.......... .. - .. 1~13C?~!~Tr~~ IIONE STORY ... I....... [FOUNDATION sa FT 1!704 ............. ......................................! 1..........".,...."............................... 1~!NISHED sa FT /1704 [ ~"''''''='''''''' I """~""'''~''''''','^''''_' ,_..,"._~._",_" lBEDRO~.MS -... I~,......,............. I~~ T~~..... v~~mw__^""~,,~, ...-..J~ '~"""mm" . 1~~~I\i1~ II'.'\IOOD 1~~RA~..~.....~9~!..... !l308 . j L.ww........._~~..~........; [,C2!.H E R GARAGE .,,,,,,,m,'m.'CmNNN"'^ .., ",,,.) [MI~.C? BLDG l v.-=mm.-,_ ..w,',w','. U"_"WN""^", J . PLAT NAME: DOOLEY ADDITION TAX DESCRIPTION: 6 g I of I 02/07/20023:36 PM . . . 10-6-1: NONCONFORMING USES: Nonconforming uses in flood plains shall comply with requirements listed in Chapter 10 of this Title. The following provisions shall apply to all other nonconforming uses: (Ord. 093-323, 12-6-1993) (A) A nonconforming use may be continued but may not be extended, expanded or changed unless to a conforming use, except as permitted by the Board of Adjustment in accordance with the provisions of this Title. (B) A zoning certificate must be obtained within one year by the owner of any nonconforming use as evidence that the use lawfully existed prior to the adoption of the provision which made the use nonconforming. (C) Any nonconforming structure damaged by fire, flood, explosion or other casualty to an extent exceeding fifty percent (50%) of its fair market value as indicated by the records of the County Assessor, if replaced, shall conform to the requirements of this Title. (D) In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year or is abandoned for any period, such nonconforming use shall not be resumed. (E) Normal maintenance of a nonconforming structure is acceptable including nonstructural repairs and incidental maintenance. (Ord. 086-177,3-17-1986) ~ -;.;t.)<.-;~r' .::;.:~t~4fl1~r{~~".:\ ,,:-;/ . . :r~ -"~7i.it-' -". ///;. MINO'1'BS PLANNING COMMISSION REGULAR APRIL 9, 1996 :::~~:::-"air Schlawin called the meeting to order at 7:00 P.M.. " ers present: Gramentz, Larson, Schlawin, Schwing, Strachan. inbers Absent: None. ~lso Present: City planner Tooker. 2. Chair schlawin asked for comments on the meeting minutes of March 12 and March 26, 1996. MOTION by Larson, second by Gramentz to approve the minutes of March 12th as distributed. APIP, MOTION CARRIBD. MOTION by Larson, second by Schlawin to approve the minutes of March 26th as distributed. APIP, MOTION CARRIED. 3. Chair Schlawin opened the public hearing advertised for 7:00 P.m. as requested by Colin Garvey for a variance to expand the driveway width on Lot 2, Block 1, Farmington Industrial Park. The ordinance limits curb breaks to 32 feet and a 6 foot variance has been requested. City Planner Tooker indicated that other industries in the Industrial Park had been granted similar easements in the past. There was no public comment. MOTION by Gramentz, second by Larson to close the public hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Schwing to approve a 6 foot variance to allow a 38 foot wide entrance onto Eaton Avenue for this applicant. APIP, MOTION CARRIBD. 4. Chair Schlawin introduced a discussion of the final plat of East Farmington 2nd . Addition. The plat was approved last year in preliminary form and this review is presented to the Commission primarily for information, since all basic decisions were made during discussion of the POD and preliminary plat. MOTION by Gramentz, second by Schwing to forward the final plat of East Farmington 2nd Addition to the City Council with a recommendation to approve it as submitted. APIP, MOTION CARRIED. 5. Chair schlawin opened the public hearing requested by Tim VanEps at 504 Willow Street for a variance to add living space to his home, which is a legal non- *conforming use. The applicant included sketches of the changes that will occur with the dwelling if the variance is requested. Members asked if the addition will provide rental space. Mr. VanEps responded that the space will be incorporated into his living space. Consensus was that the addition will improve the building. There was no public testimony given. MOTION by Larson, second by Gramentz to close the public hearing. APIP, MOTION CARRIED. MOTION by Gramentz, second by Larson to approve a variance that will increase the size of the non conforming use without adding to the ground floor area. APIP, MOTION CARRIED. 6. Chair Schlawin opened the continued hearing for Prairie Creek Fourth Addition. City planner Tooker said that the engineering concept for both sanitary sewers and storm water runoff had been changed by the Developer with the consent of the City Engineer, however, the engineering drawings had not been completed. MOTION by Larson, second by Schwing to continue the hearing until April 16, 1996. APIP, MOTION CARRIED: . . 7. Chai;r schlawin adjourned the Council meeting to enter a City council/planning Commission Workshop. 10 Mt>>~ iI( /1 9? 5. Chair Schlawin opened the public hearing for a request to expand a nonconforming use at 500 Willow Street. Ms. Smick introduced the situation by stating that the landowner, Timothy Downey, is requesting to construct a new garage on his residential * property which is located in an 1-1 Light Industrial Disttrict. Chair Schlawin asked Mr. Downey if his old garage would eventually be tom down. Mr. Downey responded that it would.. Member Schwing asked if the garage will resemble the residence. Mr. Downey stated that it would. MOTION by Schwing, second by Simones to close the public hearing. APIF, MOTION CARRIED. MOTION by Schlawin, second by Larson to approve the variance for expanding a nonconforming use based on the owner's commitment level to improve the property and that the industrial use within this 1-1 District is not expanding. APIF, MOTION CARRIED. . . 6. Chair Schlawin opened the public hearing for the amendment to the Zoning Code by providing an appeal procedure for denied variance requests. Planner Smick described the proposed procedure to the Commission. Commission members and Ms. Smick discussed the wording of the amendment. Chair Sch1awin stated the fee would be paid with the written appeal. Member Schwing suggested that the word "usage" should be added to the term "construction" in line 2, paragraph 2. Chair Schlawin suggested that a 60 day time frame for the hearing period would be consistent and appeal to everyone; Planner Smick agreed. Member Schwing asked if the appellant could continually pull the appeal from the agenda; Ms. Smick stated they could. MOTION by Schwing, second by Simones to close the public hearing. APIF, MOTION CARRIED. MOTION by Schwing, second hy Simones to approve the amendment subject to the following corrections; add "are in dispute" at the end of line 1, delete term "Planner" from line 2 in paragraph 1. Add "and or usage" after the term "construction" in paragraph 2. Change 30 days to 60 days in line 1, add "adjacent to the subject property disregarding public rights of way" after the term "owners" in paragraph 3. APIF, MOTIQN CARRIED. 7. Chair Schlawin opened the public hearing scheduled for 7:45 P.M to discuss the proposed amendment to the fence ordinance. The Planning Commission discussed various possible scenarios associated with the ordinance and also discussed adding fence maintenance and materials to the amendment. Leonard Lee, 5264 1 86th St., voiced his disapproval of the current ordinance and asked why the City's ordinance and enforcement are not similar to surrounding communities. Chair Schlawin stated that some communities don't have an ordinance. He went on to state the Commission has to consider all potential situations not just one in particular. It was also his opinion that the wording of "up to 6 to 8 feet" should be changed to "at 8 feet". The Commission stated concerns over the wording in paragraphs "G" and "H" and requested that they be reworded to avoid confusion. MOTION by Schlawin, second by Schwing to continue the public hearing on the fence ordinance amendment. APIF, MOTION CARRIED. , 8. Discussion was held on the possibility of a home occupancy permit for the residents of 18549 English Avenue. The residents stated they were considering growing medicinal plants in their basement. Questions were raised by the Commission over what types of ~ 8 n ~ . CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA Applicant: Emma Pohl Property: 21056 Chippendale Ct Legal: Lot 6, Dooley Addition VARIANCE 1. PERMIT. Subject to the terms and conditions set forth herein, the City of Farmington hereby grants a variance to allow the following: To expand a legal non-conforming structure (entire house is located within the minimum fifty (50) foot setback to a minor arterial roadway) and also a legal non-conforming use (the property is designated business within the 2020 Comprehensive Plan) with the addition of a 12' x 12' deck and mud room to the rear of the house. 2. PROPERTY. The variance is for the following described property in the City of Farmington, Dakota County, Minnesota: . Said property is legally described as Lot 6, Dooley Addition. 3. CONDTIONS. The variance is issued subject to the following conditions: No conditions were established with this permit. 4. LAPSE. Ifwithin one year of the issuance ofthis variance the allowed construction has not been completed, this variance shall lapse, Dated: ,20_ CITY OF FARMINGTON BY: Dirk Rotty, Planning Commission Chair (SEAL) AND: Lee Smick, Planning Coordinator STATE OF MINNESOTA) (ss. (COUNTY OF DAKOTA) The foregoing instrument was acknowledged before me this _ day of by Dirk Rotty, Planning Commission Chairman, and by Lee Smick, Planning Coordinator, of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority by the City Council. . Notary Public /'2, . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: City Planning Commission FROM: Lee Smick, AICP Planning Coordinator SUBJECT: Carr Corner Preliminary & Final Plat DATE: February 12,2002 INTRODUCTION Tim Carr, 19185 Akin Road, has submitted the Carr Corner Preliminary & Final Plat located at the northwest intersection of 193 rd Street and Akin Road. The plat consists of 5 single-family lots on a total of 2.7 acres. Planning Division Review Applicant: Tim Carr 19185 Akin Road Farmington, MN 55024 Attachments: 1. Location Map 2. Application for Plat Review 3. Preliminary & Final Plat Location of Property: North of 193rd Street and west of Akin Road. Area Bounded By: Surrounded by single-family residential. Existing Zoning: R-l - Low Density Residential District Proposed Development: The plat consists of 5 single-family lots. A single-family residence exists on Lot 1 and 2. Streets and Accesses: Lots 1 and 2 currently have existing access to Akin Road. Lots 4-5 are proposed for access to 193rd Street. Lot 3 should access onto 193rd Street. Water, Sewer & Gas: Water and sanitary sewer access is available for Lots 3-5 from existing stubs along 193rd Street. Lots 1 and 2 are currently served with City utilities. Sidewalks: A trail currently exists on the south side of 1 93rd Street. Wetland: Wetlands do not exist on the property. . . . Flood Plain: There are no flood plains delineated on this property. Parkland and Trails: The Developer is required to comply with the Park Dedication Fee requirements. DISCUSSION Tim Carr proposes to plat 5 lots on 2.7 acres at the northwest intersection of 193rd Street and Akin Road. The plat is located within the R-l Low Density Residential district. The following is the square footage for each lot: Lot I 39,546.6 square feet Lot 2 46,354.4 square feet Lot 3 11,842.2 square feet Lot 4 10,125 square feet Lot 5 10,125 square feet Lot 1 was previously platted with the Dakota County Recorders Office on December 4, 2000 through the waiver of plat process. The lot was platted to allow the construction of a single-family home. A single-family home, known as the Akin House, exists on Lot 2. Lots 3-5 are vacant and proposed for subdivision as single-family lots. The minimum lot size in the R-l District is 10,000 square feet and the minimum lot width is 75 feet. All of the proposed lots meet these zoning requirements. Access The two existing homes currently have access to Akin Road. Lots 4 and 5 will access to 193rd Street. Lot 3 consists of road frontage along I 93rd Street and Akin Road. The City's Transportation Engineer recommends that access on Lot 3 be oriented to 193rd Street because of its lower traffic speed and road function compared to Akin Road. The driveway access to 193rd Street should be located along the west side of the lot to provide adequate separation from the 193rd Street! Akin Road intersection. Water and Sanitary Sewer Upon installation of utilities in 193rd Street during the construction of Akin Park Estates, three water and sanitary sewer stubs were made available to the Carr property anticipating future platting (see attached as-built plans). Park Dedication Fee Requirement The Developer will be required to submit a Park Dedication Fee for the plat. A trail exists along the south side of 193rd Street. The Engineering Division has approved the Carr Corner Preliminary & Final Plat contingent on minor reVISIons. . . . ACTION REQUESTED Recommend approval of the Carr Corner Preliminary & Final Plat contingent on Engineering Division comments and forward this recommendation to the City Council. Respectfully submitted, ~.~ Lee Smick, AICP Planning Coordinator cc: Tim Carr, 19185 Akin Road File . . . Carr Property Proposed Plat Area " , -~'.'..,'~ . -..... , . ,-... '."~'.~..'",-' ~ . .~. ~_l..".:''''~''''''.._'''_'.>'_'''-'''''''-_'''':__''___'_'_ _ ~ _'. _ _,_ _ _ _'__ -. --'-'- - '" APPLICATION FOR PLAT REVIEW / / .. PLAT NAME ~ LOCATION Ie" . . I 7-- '2-/ - 0 I C fJr;e.JZ.. ~~j j!/Lh'f);J )ql!~ Ak./w ~, DATE AREA BOUNDED BY TOTAL GROSS AREA L-c7 ~ ~-I NAMES & ADDRESSES OF ALL OWNERS ~ ~ ~~ /9/6.5 .#~/n ~ ~ /H47'-~ PHONE: ?7/'-~63-79t/2- . /. 6~L~C)41 c;' a~L~~4/ ,// PHONE rs~88g-2tJ&T ZONING DISTRICT(S) NAME & ADDRESS OF LAND SURVEYOR/ENGINEER NAMES & ADDRESSES OF ALL ADJOINING PROPERTY OWNERS AVAILABLE FROM: ON: PLAT REVIEW OPTION: PRELIMINARY & FINAL TOGETHER: PRE PLAT ADMINISTRATIVE FEE: ~. /' IN SEQUENCE: PRE PLAT SURETY: I HEREBY CERTIFY THAT I AM (WE ARE) THE FEE OWNER(S) OF THE ABOVE LAND, PERSON PREPARING THE PLAT HAS RECEIVED A COPY OF TITLE 11, CHAPTE , ENTITLED "SUBDIVISIONS" AND TITLE 10, CHAPTERS 1 THRU 12 ENTI "ZONING" 0 THE FARMINGTON CITY CODE AND WILL PREPARE THE PLAT IN ACCORD&~C WITH THE PROVIS ONS CONTAINED THEREIN. ~5"/-74?-7f~2- / 2- - ,;> I .-t!; I DATE ADVISORY MEETING: 1. SKETCH PLAN 2. STAFF AND DEVELOPER CONSENSUS rBl[g @ [g OW [g ~ I~~I rs 2 I -I u ! ...... ..~ ':<:. <l t- <D r ill 3 - - t- ill ill - - ~ ~ ,~ ,>l! <D () \ -.;~ / ~ 11) oc \ r< \ r< rf\ \ '= 01 ~ ~Q - - - - --- ,... \ - = .\ . M to... .. '" J- \ "'t II . Q " > - -.;. ~~ :c t. I- (~ s;l9) ---- ---- . :J Z - - - - Q. 0 - - \ - ('fl l- . ~ . Cia - aJ1r!{/ }//(>I r -- - . ,~__ _,,,_:;.;,,r,,,;,.:. N lQ 18- DIP ._...;;;.....~-" "'-'"""-- ~- _...._..-........41or~:.o__.~,."'#<_ . ~ . . . 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 SUBJECT: Recreational Vehicle Discussion Workshop DATE: February 12,2002 INTRODUCTION/DISCUSSION This memo serves as a reminder of the Joint Planning Commission/City Council Workshop scheduled for February 20,2002 at 5:00 PM. The purpose of the workshop is to discuss the control of recreational vehicle parking within residential neighborhoods. ACTION REQUESTED For information only. Respectfully submitted, /~<~~/ (?~ /,,/ ~e.,,~.~-,/ rf" , .... f' Lee Smick, AICP Planning Coordinator