HomeMy WebLinkAbout09.08.98 Planning Packet
.
;
3.
a)
b)
. c)
4.
.
AGENDA
PLANNING COMMISSION
Regular
September 8,1998
7:00 P.M.
Conference Room A
325 Oak Street
1.
CALL TO ORDER
2.
APPROVAL OF MINUTES
a) August 11, 1998
. PUBLIC HEARINGS - 7:00 PM
Amendment to East Farmington PUD
St. Michael's Catholic Church Preliminary & Final Plat
Conditional Use Permit - Grading Permit for Nelson Hills 7th Addition con't
DISCUSSION
5. . ADJOURN
.
.
.
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
Lee Smick, AICP ^ f}
Planning Coordinator P
FROM:
SUBJECT:
East Farmington PUD Amendment
DATE:
September 8, 1998
INTRODUCTION
Sienna Corporation is seeking an amendment to the PUD for East Farmington to add two
new block configurations to the original Schematic PUD.
DISCUSSION
The Developer is in the final phase of the single-family development with the proposed
East Farmington 5th Addition. The Developer proposes to revise the typical block
configuration to add one lot in Block F and two lots in Block E within the East
Farmington 5th Addition.
Staff has required that the Developer propose five lots to a block along Twelfth Street to
comply with the original Schematic PUD. In discussions during the approval process of
the original Schematic PUD, it was determined that Spruce Street and Twelfth Street
would be designed with five lots on each block to present uniformity along the major
avenues leading into the development.
Proposed Block E will meet these recommendations by requiring that only Side A front
on Twelfth Street. Proposed Block F will also meet these recommendations by requiring
the side of the block with five lots front along Twelfth Street. This will require the block
located at the southeast corner of Twelfth and Walnut to be inverted from the detail
shown.
A second recommendation by staff proposes that the Developer show four lots along
Walnut Street for the blocks located on the south side of Walnut Street at the intersection
of Twelfth and Walnut. Since the homes along Walnut Street in the 3rd Addition are
almost all occupied, staff determined that those homeowners were under the assumption
that the same number of lots would be located across Walnut Street to the south.
Therefore, the Developer is required to show Side A fronting on Walnut Street in Block
F. The two blocks affected by this requirement are the blocks south of Walnut Street at
the intersection of Twelfth and Walnut. As previously discussed, the block at the
southeast intersection of Twelfth and Walnut shall be inverted to meet the four-lot
requirement along Walnut Street and the five-lot requirement along Twelfth Street.
.
In 1995, the Development Contract for the East Farmington PUD was signed by the
Developer and the City. In the contract, it specified that the rezoning of East Farmington
to R-2 Medium Density - Single-Family Residential was pursuant to the City's PUD
Ordinance. Requirements for the R-2 zone include the following:
Minimum Lot Size Area
Minimum Lot Width
Minimum Front Yard Setback
Minimum Rear Yard Setback
Minimum Side Yard Setback
Maximum Lot Coverage
Gross Dwelling Units per Acre
6,000 square feet
60 feet
20 feet
6 feet
6 feet
25%
7.0 (PUD)
In reviewing the revised typical block configurations, Staff has determined that Block E
and F have met all the requirements ofthe City's PUD Ordinance. The minimum lot size
for all lots proposed in the blocks is 6,000 square fiet and the lot widths meet the .
required minimum lot width of 60 feet.
The Development Contract requires that the density of each phase of the project be in
accordance with the PUD Ordinance and the Schematic PUD Plan. The 5th Addition
proposes 161 lots on 29.47 acres generating a density of 5.4 units/acre, well below the
7.0 units/acre allowed in an R-2 PUD zoning district.
ACTION REQUESTED
Based on the fact that the proposed PUD amendment meets all of the PUD Ordinance
requirements, staff feels it is appropriate to recommend approval of the amendment to the
East Farmington PUD to allow Block E and F as new block configurations in the
Schematic PUD and forward the recommendation to the City Council.
cc: Rod Hardy, Sienna Corporation
Jim Sturm, James R. Hill
.
.
......
c
Q)
E
"'0
C
a.Q)
mE
~<(
cO
0::)
~~
o 0
....J ......
C)
c
.-
E
L-
m
u..
.
~
z.~
~
m
Q)
L-
<(
as
Q)
4:
......
(/)
m
W
~~
~~
~
ai
a
S::l\~~~;;~~:;r~(jf) (, C1f\) I,~~I ~~
'OUI '1IIH'.u sawer \, ~~I) A:~ihf:~r~
. I a '" '''''''_..."
iji~lM:~
!aiai~
l\
IIGWGlIf --. .......,. 8ft 0
NV'Id and :lJJ.YJ'C!H:lS ,. ~ z ~
.. ~ t):-: g
ig ~% - -- IL
a .uarHX:!I and - '~ 0 ~:l ~
~:I ~~ '< l-
V I!: ,. ...
a:!lSIA:!IH ~
e;6
.'
~s
}~
~i.
~~.-
.e[l~
a~>.
j.g.
~
~~~
;.
.-
iQ
-' ~
- ..
e ~
o ~
0:
..
.
! ~
~ .
;/al
~~
~ .
0:
..
~i
i.
~e~
~~~
~
\:-,
-----------------------
'" ""
'J-
~
"0, <',
'<") ;:")
'0 '0
,-
()
,-
:>
o
[[][l1]
... ~. ':!t",'"
ig ~ '? ~'i ~
I ~; g is ~~ ~
l :f (.) g;
-(
~'~~
~3.
~
8
~ I! r
UJlUS ~ . .
~~~, .~~p.
B;II;B ~,~{~ -T ~~~~~
~~ EitDj Bill .E2rnIlE2mil
,5 ~~"'... ~D"'O mllls. " 10;1: .
11 'l7a .
.'
.lmLS IIf1] i
.........
lL.
c:d
CD W
~ Z(/)
CD <(~
:r: -JO
0.0
X -J
W aCD
:::>-J
0 0.<(
:::> oS?
Q.. i=o.
<(>-
0 ~.....
W WlL.
if) IO
> 0
(/)2
W 0
0:: i=
Cl
Cl
<(
.......,
~~ ~ c'
~~ ~
,-
(:J
,x
lid Ilil! f
,~ f ~~: <..1
()
!~
~~ ,~
~.
~ u
~" ~
arg ~
~. f
"~:'
'" ~
~; g
.. I
.
i~ f
~
~
!
~
a
\"),
'-:")
'0
'\;-.:~~~1;~:~~.
4 !:I:.
., ~d
N .
8661 El :01 :91 9G Boy paM HX3vl~9\Vl~9\SlJ3rOl:ld\OYJOlnv\:~
I.
.
.
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
Lee Smick, AICP oJJ
Planning Coordinator
FROM:
DATE:
September 8, 1998
RE:
St. Michael's Catholic Church Preliminary & Final Plat
Plan nine: Division Review
Applicant:
Referral Comments:
Attachments:
Location of Property:
Size of Property:
Current Land Use:
Zone:
Area Currently Bounded by:
Terrain:
St. Michael's Catholic Church
421 Walnut Street
Farmington, MN 55024
(612) 463-3360
1. Lee Mann, City Engineer
2. Erik Peters, BRAA
3. Parks & Recreation Commission Minutes
1. Location Map
The property is located at the southeast comer of
the intersection of Denmark Avenue and Ash
Street.
20 total acres
Agriculture
The property has recently been rezoned from A-
I to R-l by approval of the City Council on
August 3, 1998.
Industrial zoning to the east with Dakota
Electric, Medium to High density residential to
the direct north and agriculture to the south and
across the road to the west.
Terrain is generally flat with little elevation
change toward the southern portion of the
property .
INTRODUCTIONIDISCUSSION
el
St. Michael's Catholic Church is proposing a 44,000+ square foot church facility on a 7.26-acre
campus with future expansion of the campus of up to 20 acres in an R-I zone.
The surrounding land uses are compatible with the church facility. The north side of Ash Street is
designated as high density residential. The northwest comer of the intersection of Denmark
Avenue and Ash Street proposes Low Density Residential. Dakota Electric's property to the east
is designated Industrial, but should be viewed as Light Industrial mixed with office use in the
front and equipment storage in the rear. The south side of the property is designated Industrial,
however, the landowner recently applied to rezone the property to High Density Residential. The
landowner withdrew his application on August 3, 1998 because the City Council viewed the
proposal as premature considering revisions to the Comprehensive Plan are inevitable in the
coming months. The property to the east of the site is within Eureka Township.
The City Thoroughfare Plan calls for Ash Street to be designated as a minor arterial and the
portion of Denmark Avenue adjacent to the property to be designated as a minor collector when
the roads are upgraded. The plan shows three entrances to the site, one along Ash Street and two
along Denmark Avenue. The interior roadways are proposed to be 26 feet in width. Water and
sewer usage is expected to be lower with the proposed Institutional (church) use rather than
Industrial use previously designated.
Church Facility
The church has been searching for a new site for over a year because the existing facility and
grounds at 421 Walnut does not have the expansion capabilities for the proposed 1,100 additional
parishioners forecasted in the City within the upcoming five years.
e
The church is proposing a sanctuary, social hall and gymnasium at this time, with a rectory to be
constructed in the future. The sanctuary will hold approximately 1,100 parishioners. The social
hall will seat 500 people and the gymnasium consists of 4,800 square feet. The Church proposes
that the social hall and the gymnasium be open to the public, particularly to the youth of the City
of Farmington.
The comer of Ash and Denmark is crucial to the church's architectural setting and the church's
foundation will be elevated at this location to provide the best possible views of the church from
this intersection. The architecture of the church emulates the "prairie-type style" with the level
horizontal planes displayed in the roofline.
The parking lot consists of 325 spaces and provides 12 handicap spaces. The church campus has
the possibility to expand the parking lot area to provide for up to 475 parking spaces. The ratio
used by the church for calculating the number of spaces is much stricter than the one required by
the City. The church wiH require one space for every 3.1 seats in the principal assembly room,
whereas the City requires 1 space per every 4 seats in the principal assembly room.
The smaller parking lot on the west side of the church facility was requested by parishioners for
ease of accessibility. However, the approval of the entrance to the parking lot needs to be
reviewed by Dakota County. The County requires entrances to County roads be at 1/8 per mile
whereas, this entrance is proposed at 1/10 per mile, falling below the County requirements. The
e
.
.
.
City Engineer is requiring the removal of the proposed small parking lot on the west side of the
building. Church officials are willing to remove the parking lot if the County denies the location
of the entrance.
Parkland Dedication Fees
Approximately 6.75 acres will be utilized for ballfields and playground space at the southern end
of the 20 acres. The Parks and Recreation Commission met on September 2, 1998 to discuss the
park dedication fees for the site (see attached Parks and Recreation Commission minutes). The
Commission recognized the Church's financial situation and detennined that the parkland fee will
be viewed as a commercial/industrial use and be calculated at 5% of the land value, rather than
the residential zone requiring 12.5% in parkland dedication fees. The dedication requirements for
the outlots shown on the plat will be deferred until the time of development.
Stormwater Issues
The City's consultant and the church's engineer have discussed stonnwater management on the
site with City staff. Currently the stonnwater runs in the ditch along Denmark to the north along
with overland runoff. The Consultant proposes two stonnwater areas within the 20-acre site, one
continuous pond along the east and south border of the site and one at the northwest comer of the
site. The Church's engineer is proposing that the stonnwater from the site be directed to the
ditches along the County roads and ultimately drain to the north. The engineering staff is
currently reviewing the grading, drainage and utility plans and suggests that approval of the
preliminary and final plat be contingent on approval of the engineering staff of the design of these
plans.
Preliminary & Final Plat Requirements - Gutlots
The preliminary and final plat shows five outlots on the site plan along with a 7.61-acre Church
campus. As defined in the City Code, an outlot is a "lot remnant or parcel of land left over after
platting, which is intended as open space or other use, for which no development is intended and
for which no building pennit shall be issued." Therefore, development is not allowed in these
areas and development fees are not calculated for the outlots.
Outlot A includes the stonnwater pond at the northwest comer of the site. This outlot will need
to be dedicated to the City for stonnwater purposes once the development is detennined by the
City to be completed.
City staff has detennined that outlot B cannot be considered an outlot due to the development
within the area. Sanitary stonn sewer and water lines are proposed in this location and therefore,
the area cannot be proposed as an outlot.
City staff considers outlots C, D, and E to be acceptable under the requirements for an outlot. No
development will take place within these areas until the outlot is platted. The northern boundary
line of outlot C must retain a ten-foot setback to meet the requirements of a ten-foot side yard
setback for other uses in an R-l zone.
Planning Division Requirements
The following items requires revisions to the preliminary and final plat:
1. Remove outlot B from the preliminary and final plat.
2. Retain a ten-foot side yard setback between the Church and the northern line of outlot C.
.
3. Submit a Landscape Plan showing plant locations and types of plantings.
The City Engineer has reviewed the Preliminary and Final Plat and suggests that the approval of
the plat should be contingent on approval by engineering staff of the design and construction
plans for grading, stormwater drainage and utilities (see attached plat review).
ACTION REQUESTED
Approve the Preliminary and Final Plat for St. Michael's Catholic Church and forward it to the
City Council contingent on the following items:
1. Revise the preliminary and final plat to remove outlot B and retain a ten-foot side yard
setback between the Church and the northern line of outlot C.
2. Submit a Landscape Plan showing plant locations and types of plantings.
3. Approval by engineering staff of the design and construction plans for grading, stormwater
and utilities.
cc:
S1. Michael's Catholic Church, Father Eugene Pouliot and Bill Beckfeld
Pat McGuire, MCL Architects
.
.
City of Farmington
325 Oak Street, Farmington. MN 55024
(651) 463-7111 Fax (651) 463-2591
. www.d.farmington.mn.us
TO: Lee Smick, Planning Coordinator
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: St. Michaels Church - Preliminary and Final Plat Review
DATE: September 3, 1998
Engineering staff has reviewed the application submitted for preliminary and final plat
for 81. Michaels Church and forwards the following comments:
1. Requirements set forth by Dakota County Plat Commission and Highway Department
will need to be met.
2. Staff recommends eliminating the northerly access on Denmark. The spacing from
CSAH 74 may not meet the County's access guidelines and the small parking area
. could be served from the southerly access.
3. The ball fields that are shown on the preliminary plat on Outlot E are not part of the
project and should be removed from the preliminary plat.
4. Outlot A is shown on the preliminary plat to be a future expansion area. Outlot A
will need to be dedicated to the City for storm water purposes.
5. Engineering staff is currently reviewing the grading, drainage and utility plans. The
engineer for the Church is proposing that the storm water from the site be directed to
the ditches along the County roads and ultimately drain to the north. Approval of the
preliminary and final plat by the Planning Commission should be contingent on
approval by engineering staff of the design and construction plans for grading, storm
water drainage and utilities.
Respectfully 8 ubmitted,
~/J1~
Lee M. Mann, P .E.
Director of Public Works/City Engineer
.
cc:
file
Minutes
Parks and Recreation Commission
Regular
September 2, 1998
.
1. The meeting was called to order by Chairperson Johnson at 7:34 p.rn.
Members present: Johnson, , Gerten, Richardson and Sperbeck.
Members absent: Feldt
Also present: Director Bell.
2. Motion by, Johnson, second by Gerten to approve the agenda. APIF, Motion carried.
3. Motion by Gerten, second by Johnson to approve the minutes of August 5, 1998. Voting for:
Johnson, Richardson. Abstain: Gerten, Motion carried.
4. Director Bell introduced the St. Michael's Church letter regarding the waiving of park dedication fees.
The Commission discussed the various options, recognizing the churches financial situation. The options
recognized were as follows:
. Receive park dedication fees equivalent to 12 1/2 % required in a residential plat.
. Receive park dedication fees equivalent to 5 % required in commercial / industrial plats.
. Give credit for the construction of a park. This option created a concern regarding the temporary
nature of the park.
Waive the park dedication fees. Concern was expressed over the precedent this may set in future dealings
with developers.
Member Sperbeck arrived at 8:01.
.
Motion by Johnson, second by Gerten to recommend St. Michael's Church dedicate 5 % of the land value
in cash to fulfill the park dedication requirements. The outlot areas can be deferred until time of
development. APIF, Motion carried.
5. Director Bell reported the status of the team rooms and pool bath house. The team rooms are projected
to be completed on September 30. The rubber flooring in the team rooms was discussed. No rubber is
budgeted at this time. Director Bell has requested the donation of the flooring from youth hockey. Youth
hockey has declined to donate the rubber flooring at this time. The consensus of the Commission was not
to spend any more park improvement funds on the team rooms.
6. Director Bell informed the Commission that he attended the past Water Board meeting regarding the
use of the well site at Troy Hill for park purposes. The Water Board seemed receptive to using the lot and
will consider this request at the next meeting. Motion by Gerten, second by Richardson to place a play
structure for Troy Hill in the 1999 C.I.P. APIF, Motion carried.
7. The Commission discussed the condition of the trail in Rambling River Park. The condition of the
path does not warrant seal coating at this time. Engineering has reviewed the path and recommends an
overlay. Motion by Gerten, second by Sperbeck to use Park Improvement Funds and budgeted seal
coating dollars to overlay the path in Rambling River Park. APIF motion carried.
.
.
.
.
8. Motion by Gerten, second by Richardson to adjourn at 8:48 PM. APIF, Motion carried.
Submitted by,
James Bell
Parks and Recreation Director
Approved
C-
m
~
c:
o
.-
+-'
m
o
o
...J
..c:
o
L-
:J
..c:
U
o
.-
-
o
..c:
+-'
m
U
(/)
-
-
Q)
m
..c:
o
.-
~
.
+-'
C/)
>-
1::
~ 8-
C\'I e
-g a..
::] t)
o CD
m :0-
~ ::]
.- en
~ ,
'> ./
,
'.. "
~
z*"
~
UJ
CD
~
l()
d
l()
N
d
CD
(ij
o
en
o
l()
N
d
,
, '
.
.
.
TO:
FROM:
SUBJECT:
DATE:
Plannine Division Review
Applicant:
Nature of Request:
Referral Comments:
Attachments:
Location of Grading:
Size of Grading Area:
Area Bounded by:
Zoning:
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
Planning Commissioner Members
Michael Schultz ^' f}
Associate Planner p-
Conditional Use Permit- Grading & Excavation- Heritage Development
September 8, 1998
Heritage Development
450 E. County Road D
Little Canada, MN 55110
Allowing grading and removal of soil
within 7th addition of Nelson Hills Farm
for supply of fill within the 6th addition
1. Lee Mann, City Engineer/Public
Works Director
1. Punchlist letter dated August 31,
1998 for Dave Sanocki
2. Location Map
3. City Ordinance- Section 3-22:
Excavation Grading and Mineral
Extraction
4. Grading Information Sheet
5. Grading Application
6. 7th addition site plan
7. May 12, 1998 minutes- Genstar
Grading CUP
North of 1901b St West and the Troyhill
development and south Explorer Way
(see attached map).
23 acres (71b addition portion only)
Agriculture on the west, existing single-
family development to the south and
north, future single-family to the east.
R-l (Nelson Hills 7th addition)
J,
Comprehensive Plan:
Low Density- Residential
.
Current Land Use:
Agriculture/Open
Additional Information
Heritage Development is seeking the conditional use/grading permit to begin grading work in the
7th Addition and to complete grading work that is needed within the 5th and 6th Additions due to a
lack of fill. The Nelson Hills Fann 6th Addition Plat was approved on 01/14/97 at the Planning
Commission and at the City Council on 02/03/98. It is not known when the 7th Addition plat will
be submitted to the City. The 6th Addition has 42 single-family lots platted, while the 7th
Addition proposes 67 lots.
The last grading permit the City issued was in June of this year to the Genstar Land Company for
the First Addition of the CharIeswood development. Though this process has not been typical in
the platting or residential development, City staff feels that with properly established agreements
and/or sureties, the City will be able to effectively protect the overall completion of the
development.
Attached is a letter dated 8/31/98 from Dave Sanocki, Civil Engineer, updating the status of the
punch list items for Nelson Hills Farm. Also, Mr. Sanocki will be in attendance to report to the
Commission of the August 31 st meeting between residents, Mr. Bisch and City Staff.
Action Requested
.
The Planning and Engineering staff recommends that the Planning Commission approve the
grading permit and forward it to the City Council for their review based on the following
conditions:
1. The Developer grades the 7th Addition at his own risk. Future review of the street and utility
plans for the 7th Addition may require adjustments to the grading.
2. Approval for the permit is contingent on approval of the grading plan by the City engineering
division.
3. The permit is not valid and grading cannot commence until the required surety is posted and
the Developer pays the appropriate fees.
4. All of the information required by the Excavation, Grading and Mineral Extraction
Information Sheet should be submitted prior to City Council approval of the permit.
Michael Schultz
Associate Planner
.
cc: Tom Bisch, Heritage Development
.
.
.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
August 31, 1998
Mr. Tom Bisch
Heritage Development
450 E. County Road D
Little Canada, MN 55110
RE: Nelsen Hills Punchlist Status
Dear Mr. Bisch:
Following is a summary of the remaining punchlist items for the Nelsen Hills 2nd -5th and the townhomes
(see attached):
Nelsen Hills 2nd Addition
Item 1 and 2 were completed by Brown and Cris (Checked by DRS on Friday, August 28, 1998).
* The project is now complete and can be closed out!
Nelsen Hills 3rd Addition
Item I was completed by Brown and Cris (Checked by DRS on Friday, August 28, 1998).
Item 2 will be addressed through the landscaping letter of credit established for all developments within
Nelsen Hills.
Item 4 was completed by Brown and Cris (Checked by DRS on September 28, 1998).
Item 8 will be addressed when Bob Wiegert submits a copy of the project asbuilts (mylars and disk copy).
Nelsen Hills 4th Addition
Item 15 and 16 will be addressed through the landscaping letter of credit established for all developments
within Nelsen Hills.
.
Lot 5 Block 4 -lot holding water (The lot has been sold and the builder is expected to start grading soon.
Builder will correct problem once grading begins - OK per DRS)
.
Nelsen Hills 5th Addition
Item 3, 4 and 10 will be completed when the grading contractor for Heritage Development moves on site to
grade for the 7th Addition. Heritage Development is in the process of getting a conditional use permit for the
7th Addition grading.
Item 5 and 6 will be addressed through the landscaping letter of credit established for all developments within
Nelsen Hills.
Item 8 will be addressed when Bob Wiegert submits a copy of the project asbuilts (mylars and disk copy).
The City will be setting a meeting up with Mr. Devny, Heritage Development and the Soil and Water
Conservation District to discuss the outlet drainage from the pond on outlot B.
Nelsen Hills Townhomes
Item I was completed by Brown and Cris (Checked by DRS on August 28, 1998).
Item 8 and 9 will be addressed through the landscaping letter of credit established for all developments within
Nelsen Hills.
Item 10 will be addressed when Bob Wiegert submits a copy of the project asbuilts (mylars and disk copy).
.
If you have any questions, please contact me at 463-1602.
Sincerely, jiJl f? AJ
David R. Sanocki
Civil Engineer
cc: File
John Erar, City Administrator
Lee Mann, City Engineer
Lee Smick, Planning Coordinator
.
.
.
.
Note:
1.
2.
NELSON HILLS II
PUNCHLIST
AUGUST 19, 1998
What follows are the remaining punchlist items and numbers
reference from the punchlist dated June 17, 1998.
CBMH 11 - Cracked barrel section (Infiltration needs to be fixed)
Locate and raise STMH 10 and STMH 9
a. STMH 9 was located - Upstream pipe: Last section cracked, dog house needs
attention; Patch hole next to upstream pipe.
b. Place marker post next to structures after locating
Note:
1.
2.
4.
8.
.
NELSON HILLS III
PUNCHLIST
August 19, 1998
What follows are the remaining punchlist items and numbers
reference from the punchlist dated June 17, 1998.
Locate FHGV box and adjust flush to grade at:
c. Between Enhance Ct. and Endeavor Ave. on Euclid - Nut buried in
sand.
There are four lots that need boulevard sod, seeding (MnDOT mixture #500)of
lots and trees planted.
Barricades need to be installed at the end of Endeavor Ave (re-install)
Submit as-builts (mylars / diskcopy)
.
.
.
.
.
Note:
15.
16.
Addition
Addition
NELSON HILLS IV
PUNCHLIST
August 19,1998
What follows are the remaining punchlist items and numbers referenced
from the punchlist dated June 17, 1998
Place remaining project trees (missing or dead).
Place boulevard sod.
Swale regrading - ditch holding water behind 18604 Esquire
Lot 5 Block 4 - lot holding water, grade to drain water
.
NELSON HILLS V
PUNCHLIST
June 2, 1998
Note: What follows are the remaining punchlist items and numbers referenced
from the puncblist dated November 14, 1997.
3. Clean silt that has washed into ponds on outlot B & C. Established outlots Band C with
seed and mulch. Correct undermined FES of storm between ponds on outlot B and C.
Place siltfence around ponds on outlot Band C.
4. Clean silt around FES's (Ponds B & C)
5. Plant project trees.
6. Place blvd. sod.
8. Submit as-builts (my lars/disk copy)
10.
.
Where is the emergency overflow w/rip rap out of the pond on outlot B. Surge basin
swale out of the pond on outlot B has not been graded.
~ Recorded easement status?
.
.
.
.
NELSON HILLS TOWNHOMES
PUNCHLIST
August 19, 1998
Note:
What follows are the remaining punchlist items and numbers
reference from the punchlist dated June 11, 1998.
2.
MH 102 - Replace sanitary casting with storm casting. Structure has six rings - add 1 '
barrel section (hard to access manhole). Place mortar between rings.
8. Seed/sod all disturbed areas.
9. Place project trees.
10. Submit as-builts (mylars and disk copy)
> project silt fence?
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
. www.ci.farmington.mn.us
TO: Lee Smick, Planning Coordinator
FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT: Nelsen Hills ih Addition, Grading Conditional Use
DATE: August 19, 1998
Heritage Development has submitted an application for a grading permit for the 7th
Addition of Nelsen Hills Farm. This request is being made in advance of the platting of
the 7th Addition because the completion of the 5th and 6th Additions is dependent on the
completion of the ih Addition. The Developer's design for the Nelsen Hills subdivision
is proposed to balance from an earthwork standpoint, and thus it is necessary to grade the
7th Addition in order to finish the 5th and the 6th.
.
The engineering division is currently in the process of reviewing the grading plan for the
7th Addition. It is the recommendation of the engineering division that the application for
a conditional use permit for the grading of the 7tJ1 Addition be approved with the
following conditions:
1. The Developer grades the ih Addition at his own risk. Future review of the street and
utility plans for the 7th Addition may require adjustments to the grading.
2. Approval for the permit is contingent on approval of the grading plan by the City
engineering division.
3. The permit is not valid and grading cannot commence until the required surety is
posted and the appropriate fees are paid by the Developer.
4. All of the information required by the Excavation, Grading and Mineral Extraction
Info Sheet should be submitted prior to City Council approval of the permit.
.
Respectfully Submitted,
~Yn~
.
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: file
.
.
r
Location Map of Heritage Development
Conditional Use/Grading Application
1000
I
Scale
o 1000
N
W+E
-
2000 Feet
,
s
3-22-1
.
'SECTION:
3-22- 1:
3-22- 2:
3-22- 3:
3-22- 4:
3-22- 5:
3-22- 6:
3-22- 7:
3-22- 8:
3-22- 9:
3-22-10:
3-22-11 :
3-22-12:
3-22-13:
3-22-14:
3-22-15:
.
3-22-16:
3-22-2
CHAPTER 22
EXCAVATIONS AND MINING
Purpose and Intent
Definitions
Permit Required
Exemptions From Permit Requirements
Applications for Permits; Procedures, Contents of Applications
Council Review and Approval of Overall Plan;
Function of Renewable Annual Permits
Termination of Permit
Annual Permits; Renewal; Conditions
Issuance of Permit Imposes No Liability on City and
Relieves the Permittee of No Responsibilities, etc.
Fees
Performance Bond or Irrevocable Letter of Credit
Standards - Extraction Site Location
Fencing
Appearance and Screening at the Extraction Site
Operations; Noise; Hours; Explosives; Dust; Water
Pollution; Topsoil Preservation
Rehabilitation Standards
3-22-1: PURPOSES AND INTENT: The purpose of this Ordinance is
to promote the health, safety and welfare of the community
and to establish reasonable uniform limitations, standards, safeguards and
controls for excavation and mining within the City.
3-22-2:
DEFINITIONS: The following words, terms and phrases shall
have the following meanings respectively ascribed to them:
A. Any excavation made by the removal of the
natural surface of the earth. whether sod, dirt,
soil, sand, gravel, stone, or other matter,
creating a depression or depression!3.
MINE or EXCAVATION:
These provisions previously supplemented 772;480;883;584;686;789;891
.
1092
City of Farmington
3-22-2
3-22-4
Mine or Excavation
(cont.)
B. Any area where the topsoil or overburden
has been removed for the purpose of mining
earthly deposits or minerals, yet the area has
remained idle since the topsoil removal.
.
C. Any area that is being used for stockpiling,
storage, and processing of sand, gravel, black
dirt, clay and other minerals.
OVERBURDEN:
Those materials which lie between the surface
of the earth and material deposit to be
extracted.
REHABILITATION:
To renew land to self-sustaining long term use
which is compatible with contiguous land uses,
present and future, in accordance with the
standards set forth in this Chapter.
TOPSOIL:
That portion of the overburden which lies
closest to the earth's surface and supports the
growth of vegetation.
~l
3-22-3: PERMIT REQUIRED: Except as otherwise provided in this
Chapter, it shall be unlawful for anyone to operate a mine or
excavate without having first obtained a written permit from the City
authorizing the same in accordance with this Chapter. Mining and
excavation operations that predate this Chapter that do not have a permit
shall obtain a permit within six (6) months after the adoption of this
Chapter. Current permit holders shall come into compliance with the terms
of this Chapter no later than the time their annual permit is renewed.
.
3-22-4:
EXEMPTIONS FROM PERMIT REQUIREMENTS: The follow-
ing activities do not require a permit under this Chapter:
(A) Excavation for a foundation, cellar or basement of a building if a
building permit has been issued.
(B) Grading a lot in conjunction with building if a building permit has
been issued.
(C) Excavation by the Federal, State, County or City government which
City of Farmington
.
1092
3-22-4
3-22-5
.
is integral to construction or maintenance of roads, highways or
utilities.
(D)
Curb cuts, utility hookups or street openings for which another permit
has been issued by the City.
(E) Excavation of less than one thousand (1,000) cubic yards in a
calendar year.
(F) Excavation of less than one hundred (100) square feet of surface
area in a calendar year.
(G) Excavation or grading for agricultural purposes.
(H) Excavation or grading in accordance with development contract
approved under the City's Subdivision Ordinance. If the development
contract requires that a letter of credit or other security be posted,
the letter of credit or other security must be posted before any
excavation takes place. (Ord. 092-278, 8-3-1992)
3-22-5: APPLICA TIONS FOR PERMITS; PROCEDURES, CON-
TENTS OF APPLICATIONS:
(A)
An application for a mine or excavation permit shall be processed in
accordance with the same procedures and requirements specified in
the City Code relating to conditional use permits. However, the
hearing shall be held by the City Council following a review and
recommendation from the Planning Commission. All applications
dealing with land in flood plains shall also comply with requirements
listed in Title 10, Chapter 10, of this Code. (Ord. 096-375, 7-1-1996)
.
(B) An application for a mine or excavation permit shall contain:
1. The name and address of the operator and owner of the land.
2. The correct legal description of the property where the activity is
proposed to occur.
3. A certified abstract listing the names of all landowners owning
property within three hundred fifty feet (350') of the boundary of the
property described above.
4. Specifications of the following, using appropriate maps,
photographs and surveys:
597
.
City of Farmington
3-22-5
3-22-5
(a) The physical relationship of the proposed designated site to
the community and existing development;
.
(b) Site topography and natural features including location of
watercourses and water bodies;
(c) The description and quantity of material to be excavated;
(d) The depth of water tables throughout the area.
5. The purpose of the operation.
6. The estimated time required to complete the operation.
7. The plan of operation, including processing, nature of the
processing and equipment, location of the plant, source of water,
disposal of water and reuse of water.
8. Desired haul routes to and from the site.
9. The plans for drainage, water erosion control, sedimentation and
dust control.
10. A rehabilitation plan provided for the orderly and continuing
rehabilitation of all disturbed land. Such plan shall illustrate, using
photograph maps and surveys where appropriate, the following:
.
(a) The contour of land prior to excavation, if available, after
completion of excavation and after completion of rehabilitation;
(b) Those areas of the site to be used for storage of topsoil and
overburden;
(c) A schedule setting forth the timetable for excavation of land
lying within the extraction facility;
(d) A timetable for the rehabilitation of land lying within the
excavation facility shall be submitted to the City well in advance of
the completion of excavation activities;
(e) The slope of all slopes after rehabilitation, based upon
proposed land uses, and description of the type and quantity of
plantings where revegetation is to be conducted; and
City of Farmington
.
597
3-22-5
.
.
.
3-22-5
(f) The criteria and standards to be used to achieve final
rehabilitation as well as intermittent stabilization.
11. A statement identifying the applicant's program to insure
compliance with the permit conditions, method of response to
complaints and resolving conflicts that may arise as a result of
complaints.
294
City of Farmington
3-22-6
3-22-8
3-22-6:
COUNCIL REVIEW AND APPROVAL OF OVERALL PLAN;
FUNCTION OF RENEWABLE ANNUAL PERMITS:
(A) A public hearing shall be held before the Council on each permit .
application. Notice of the hearing shall be published by the Clerk at
least ten (10) days before the hearing. The City Council shall review
the permit application and shall approve the permit if it is in
compliance with this Chapter, the City's Zoning Ordinance, and other
applicable laws, ordinances, and regulations. The Council may
attach conditions to the permit approval to promote safety and
prevent nuisance conditions. The rehabilitation plan shall only be
approved if it is consistent with the uses allowed in the City's
Comprehensive Plan and Zoning Ordinance.
(B) Implementation of the overall plan shall be by means of renewable
annual permit. The purpose of the renewable permit is to assure
compliance with the longer range overall plan and to retain the ability
to modify existing or to attach new conditions in accordance with
changing characteristics of the site or its surroundings. The City
Administrator, after consultation with appropriate City staff, may
issue renewal licenses upon satisfactory proof of compliance with
this Chapter. If the City Administrator denies a renewal license, the
applicant may appeal the decision to the City Council by filing a
notice of appeal with the City Clerk within ten (10) days after the City
Administrator denies the permit.
3-22-7:
TERMINATION OF PERMIT:
.
(A) The material excavation permit may be terminated for violation of
this Chapter or any conditions of the permit. No permit may be
terminated until the City Council has held a public hearing to
determine whether the permit shall be terminated, at which time the
operator shall be afforded an opportunity to contest the termination.
The City Council may establish certain conditions, which if not
complied with, will result in immediate suspension of operations until
the public hearing to consider termination of the permit can be held.
(B) It shall be unlawful to conduct mineral extraction or excavation after
a permit has been terminated.
3-22-8:
ANNUAL PERMITS; RENEWAL; CONDITIONS:
(A)
Application for renewal of an annual permit shall be made sixty (60)
days prior to the expiration date. If application for renewal is not
1092
City of Farmington
.
.
.
.
3-22-8
3-22-11
A)
made within the required time, all operations shall be terminated and
reinstatement of the permit may be granted only upon compliance
with the procedures set forth in this Chapter for an original
application.
(B) A permit may be approved or renewed subject to compliance with
conditions in addition to those set forth in this Chapter when such
conditions are reasonable and necessary to ensure compliance with
the requirements and purpose of this Chapter. When such conditions
are established, they shall be set forth specifically in the permit.
Conditions may, among other matters, limit the size, kind or
character of the proposed operation, require the construction of
structures, require the staging of extraction over a time period,
require the alteration of the site design to ensure compliance with
the standards, require the provision of a performance bond by the
operator to ensure compliance with these regulations in this Chapter
or other similar requirements.
\
II
3-22-9: ISSUANCE OF PERMIT IMPOSES NO LIABILITY ON CITY
AND RELIEVES PERMITTEE OF NO RESPONSIBILITIES,
ETC.: Neither the issuance of a permit under this Chapter, nor compliance
with the conditions thereof or with the provisions of this Chapter shall
relieve any person from any responsibility otherwise imposed by law for
damage to persons or property; nor shall the issuance of any permit under
this Chapter serve to impose a liability on the City, its officers or employees
for any injury or damage to persons or property. A permit issued pursuant
to this Chapter does not relieve the permittee of the responsibility of
securing and complying with any other permit which may be required by any
other law, ordinance or regulation.
3-22-10: FEES: A schedule of fees for the examination and approval of
applications for permits under this Chapter and the inspection
of operations for compliance with the conditions of this Chapter and the
permit shall be determined by resolution of the City Council, which may,
from time to time, change such schedule. Prior to the approval and
issuance or renewal of any permit under this Chapter, such fees shall be
paid to the City and deposited to the credit of the General Fund.
3-22-11: PERFORMANCE BOND OR IRREVOCABLE LETTER OF
CREDIT: Prior to the approval and issuance of a permit, there
shall be executed by the operator and submitted to the City Administrator,
an agreement to construct such required improvements, to dedicate such
1092
City of Farmington
3-22-11
3-22-14
property or easements, if any, to the City and to comply with such
conditions as may have been established by the City Council. Such
agreement shall be accompanied by bond with surety or condition .
acceptable to the City Administrator in the amount of the established costs
of complying with the agreement. The aforesaid agreement, bond or letter
of credit shall be provided for guaranteeing completion and compliance with
the conditions set forth in the permit within the time to be approved by the
City Council. The adequacy, conditions and acceptability or any bond or
letter of credit hereunder shall be determined by the City Administrator. The
adequacy of the bond or letter of credit shall be reviewed annually by the
City. The City may direct the amount of the bond or letter of credit be
increased to reflect inflation or changed conditions.
3-22-12:
STANDARDS - EXTRACTION SITE LOCATION: Operations
permitted under this Chapter shall not be conducted within:
(A) Fifty feet (50') of an existing street or highway;
(B) Thirty feet (30') of the right of way of an existing public utility;
(C) Fifty feet (50') of the boundary of any zone where such operations
are not permitted; or
(D) Thirty feet (30') of the boundary of an adjoining property not in
mining use; or as directed by the City Council.
.
3-22-13: FENCING: During operations which have received a permit
under this Chapter, any area where collections of water are
one and one-half feet (11/2') in depth or more, or where excavation .slopes
are steeper than one foot vertical to one and one-half feet horizontal
(1: 11/2), and any other areas where obvious danger to the public exists,
shall be fenced when such a situation has existed or will exist for a period
of five (5) working days or longer. The City Engineer shall review such
fencing to assure its adequacy. He may waive this requirement or require
additional measures based on his judgment and the characteristics of the
particular instances. As an alternative, the City Engineer may require
perimeter fencing of the entire extraction site.
3-22-14:
APPEARANCE AND SCREENING AT THE EXTRACTION
SITE: The following standards are required at the extraction
site of any operation permitted under this Chapter:
City of Farmington
.
1092
.
.
.
3-22-14
3-22-15
(A) Machinery shall be kept in good repair.
(8)
Abandoned machinery, inoperable equipment and rubbish shall be
removed from the site regularly.
(C) All buildings and equipment that have not been used for a period of
one year shall be removed from the site.
(D) All equipment and temporary structures shall be removed and
dismantled not later than ninety (90) days after termination of the
extraction operation and expiration of the permit.
(E) Where practical, stockpiles of overburden and materials shall be
used to screen the extraction. The side slopes of such stockpiles
shall not exceed three to one (3: 1).
(F) The perimeter of the site shall be planted or otherwise screened
when such is determined by the City Council to be necessary.
\
~
(G) Existing tree and ground cover shall be preserved to the extent
feasible, maintained and supplemented by selective cutting,
transplanting of trees, shrubs, and other ground cover along all
setback areas.
3-22-15: OPERATIONS; NOISE; HOURS; EXPLOSIVES; DUST;
WATER POLLUTION; TOPSOIL PRESERVATION: The
following operating standards shall be observed at the extraction site of any
operation permitted under this Chapter:
(A) The maximum noise level at the perimeter of the site shall be within
the limits set by the Minnesota Pollution Control Agency and the
Federal Environmental Protection Agency.
(8) Extraction and hauling operations shall be performed during only
those times established by the City Council as part of the permit.
(C) Operators shall utilize all practical means to eliminate vibration from
equipment operation on adjacent property .
(D) Operators shall comply with all applicable City. County, State and
Federal regulations for the protection of water quality, including the
Minnesota Pollution Control Agency and Federal Environmental
Protection Agency regulations for the protection of water quality. No
1092
City of Farmington
3-22-15
3-22-16
D)
waste products or process residue shall be deposited in any lake,
stream or natural drainage system. All waste water shall pass
through a sediment basin before drainage into a stream.
.
(E)
All topsoil shall be retained at the site until complete rehabilitation of
the site has taken place according to the rehabilitation plan.
(F) Operators shall use all practical means to reduce the amount of
dust, smoke and fumes caused by the operations.
3-22-16:
REHABILITATION STANDARDS: The following rehabilitation
standards shall apply to the site of any operation permitted
under this Chapter.
(A) Rehabilitation shall be a continuing operation occurring as quickly as
possible after the extraction operation has moved sufficiently into
another part of the extrac in site.
(B) All banks and slopes shall be left in accordance with the rehabili-
tation plan submitted with the permit application.
(C) Slopes, graded areas and backfill areas shall be surfaced with
adequate topsoil to secure and hold ground cover. Such ground
cover shall be tended as necessary until it is self-sustained.
(0) All water areas resulting from excavation shall be eliminated upon .
rehabilitation of the site. In unique instances where the City Council
has reviewed proposals for water bodies at the time of approval of
the overall plan and has determined that such would be appropriate
as an open space or recreational amenity in subsequent reuse of the
site, water bodies may be permitted.
(E) No part of the rehabilitation area which is planned for uses other
than open space or agriculture shall be at an elevation lower than
the minimum required for connection to a sanitary or storm sewer.
(Ord. 092-278, 8-3-92)
1092
City of Farmington
.
City of Farmington
325 Oak Street
Farmington, MN 55024
(612) 463-1600
.
Excavation, Grading and
Mineral Extraction
Info Sheet
Permits for these types of activities are required in the City Code Section 3 Chapter 22. An
application must be submitted to the City Engineer for review.
A) An application for a mine or excavation permit shall be processed in accordance with the
same procedures and requirements specified in the City Code relating to conditional use permits.
However, the hearing shall be held by the City Council following a review and recommendation
from the Planning Commission. All applications dealing with land in flood plains shall also comply
with requirements listed in Title 10, Chapter 10, of this code. (Ord. 096-375, 7-1-1996)
B)
1.
2.
3.
4.
.
5.
6.
7.
8.
9.
10.
.
An application for a mine or excavation permit shall contain:
The name and address of the operator and owner of the land.
The correct legal description of the property where the activity is proposed to occur.
A certified abstract listing the names of all landowners owning property within three
hundred fifty feet (350') of the boundary of the property described above.
Specifications of the following, using appropriate maps, photographs and surveys:
a) The physical relationship of the proposed designated site to the community and
existing development;
b) Site topography and natural features including location of watercourses and water
bodies;
c) The description and quantity of material to be excavated;
d) The depth of water tables throughout the area.
The purposes of the operation.
The estimated time required to complete the operation.
The plan of operation, including processing, naUlre of the processing and equipment,
location of the plan, source of water, disposal of water and reuse of water.
Desired haul routes to and from the site.
The plans for drainage, water erosion control, sedimentation and dust control.
A rehabilitation plan provided for the orderly and continuing rehabilitation of all disturbed
land. Such plan shall illustrate, using photograph maps and surveys where appropriate, the
following:
a) The contour of land prior to excavation, if available, after completion of excavation
and after completion of rehabilitation;
b) Those areas of the site to be used for storage of topsoil and overburden;
c) A schedule setting forth the timetable for excavation of land lying within the
extraction facility; ._
d) A timetable for the rehabilitation~'of land lying within the excavation facility shall be
submitted to the City well in advance of the completion of excavation activities;
7 t31/97
d; \llarson\pol icies\fonninfo. doc
E
11.
e) The slope of all slopes after rehabilitation, based upon proposed land uses, and
description of the type and quantity of plantings where revegetation is to be
conducted; and
t) The criteria and standards to be used to achieve ftnal rehabilitation as well as
intermittent stabilization.
A statement identifying the applicant's program to insure compliance with the permit
conditions, method of response to complaints and resolving conflicts that may arise as a
result of complaints.
d: \llarson\policies\fonninfo. doc
7/31/97
.
.
.
E
/
.
.
.
11: 25
"Q'IlU olll3 1611
-~
-
UTY FARMIJIIGTON
I(!JUUUlI'UUU
CITY OF FARMINGTON
EXCA V A TION, GRADING AND MINERAL
EXTRACTION APPUCATION
Date
'7,6./ / P8
,
No.
Type
Name of Applicant Ht!;L'~ p~,p~r Or Phone ~!1/-olJ/7
r'1 ,AJ#~" .7"A,; ",...n;,
Address 4S0 ~'7" r'(Jt..n'vry /.l../:). 2:>/ ~ r7'Z...€. el"H/A-oA.. . H?;V ~s// 7
Location of Operation jV~SC?J /V/4-S ~ _rArC u;t:-^ Ifp/:Jl77dN
{7'i.b ,4P;Z)/'7"/(J/'-l) {)q"TLtJr IS
Name and Address orLand Owner ;JetS t' Ai Ih us r P1J c.
. .
L,C-.r7 ;J., I~~/f("-cf-
H='PLfZ f),r;rtt.s'l/ h U ..r:r I,;} y:
lJ'vl I L () -r t;. N&-SOV {+ILLS h'tfl/# I -rt_A.
Dimensions of area in which work will take place
Maximum depth of excavation till' fJ ' Maximum height offill la '"
. ~0~ro
Change in site elevations-LLft; Estimated quantity to be moved: In Yds Out Yds
Date operation will start
Autu s .r-
f'YJ -:._.~~-
,
Date operation will end
~C!!i70~~
~ ~~
NVIlUAI dayS of operation
Hours
Does applicant plan to:
~
1. Fence the operation!
3. postwarningsignll?
4. Arrange for proper drainage? ~ es.
S. Arrange for noise suppression?
6. Observe a buffer from boundary lines? '-' ~-~
7. Repair streets damaged from operation? \ ~
8. Funlish before and after topos? '-4J/-J
9. Furnish a boud to the City? d lALa
10. Furnish a CertificateofIDSUJ:llDce? l'j' Q
Fee: Based on schedule of fees under Ruolution R_
through
-'lJ- C/ /9 If
Date I
<:;.~ -.0 - "J:::>~~.
valid from
: S
~ ~~~~'-
Slignat'ure of Applic
Application (approved, denied) by the City Council this
19_.
day of
Dllte
City Clerk
-F ~ l!. 0 (.,j Ir/ e f'L UU,UJ;(),if Ui .we
-tI:Jrj) C ~
~
-r~
7-;!). ";J;-8'
;i~~
lS
5
3
4
.,
!
o
9
8
7
6
2
n
TRAIL
9
5
10
10
4
3
2
9
I
7
8
..,,,y
O;f'
'1
..
rI
ti
~
PLANNING COMMISSION
MINUTES
Regular
May 12, 1998
1.
Chair Schlawin called the meeting to order at 7:00 P.M.
Members Present: Schlawin, Larson, Ley, Rotty, Schwing
Members Absent: None
Also Present: Community Development Director Olson, Planning Coordinator Smick,
City EngineerlPublic Works Director Mann, and Associate Planner Schultz
2.
Chair Schlawin requested comments from the Commission on the minutes from April14lh, 1998.
There were none. Motion by Schwing, second by Larson to approve the minutes as distributed.
APIF, MOTION APPROVED.
Chair Schlawin opened all four of the scheduled public hearings at 7:00 P.M.
3.
Community Development Director Olson presented to the Commission the amendment to the
conditional use pennit of South Suburban Medical Center concerning the placement of a public
sidewalk for the recent clinic addition. Olson explained that South Suburban is seeking to amend
only the sidewalk location from the north side of Oak St. to the south side due to concerns of:
pedestrian safety with ambulances entering and exiting, snow storage and removal and overall cost.
Olson continued with staff's reasons on retaining the sidewalk location on the north side of Elm St.
Mr. Lee Larson, CEO of South Suburban Medical, approached the Commission to explain in greater
detail the reasons why they are seeking the amendment to the sidewalk location. The Commission,
Staff and SSMC continued with question and answer discussion in an attempt to clarify the situation.
Dan Nicolai, SSMC Board Director, stood and presented his arguments to amending the CUP
agreement. MOTION by Schwing to close the public hearing, second by Rotty. APIF, MOTION
APPROVED. MOTION by Rotty to amend the conditional use penn it for SSMC. No second to
motion. Motion denied to lack of second. MOTION by Ley that the sidewalk remain on the north
side of Elm St., second by Schwing. YES: Schwing, Ley, Schlawin; NO: Rotty; ABSTAIN: Larson.
MOTION APPROVED.
4.
Associate Planner Schultz introduced the conditional use pennit for grading from Genstar Land
Company for the Charleswood development. Schultz briefed the Commission on the details of the
grading plans and where in the process the development stands. Schlawin asked what the surety
and/or a contract agreement would consist of. Schultz replied that the City Engineer would
detennine a surety amount and a contract would not be fonned. Mr. Mann added that the surety
amount would be held in the possibility that the developer might walk away. Rotty asked what
portion in the diagram would be graded. Steve Juetten, Genstar Land Company, replied that it would
be phase 1 and parts of phase 2. Mr. Juetten continued to explain his companY's timeline and the
reasons for the delay of the platting process. Schlawin responded that part of his concern was that
erosion control rarely has been done properly in the city. ~chwing asked the Mr. Juetten if there was
a problem with the bond. Mr. Juetten responded that depending on the amount there would not be a
problem.
The Commission asked about a bindi~g contract. Mann stated that the surety ~greement would take
the place of contract. Mr. Juetten addedthatthe cOl1pitional us~p~ITnit itself is a legal binding
document. MOTION by Schwing, second by Rotty to close the public hearing. MOTION by
Rotty, second by Schwing to approve the grading conditional use penn it and to forward it to the City
Council contingent upon the following conditions:
· The issues identified in the grading review letter need to be addressed before a pennit can be issued;
· All of the infonnation required by the Excavation, Grading and Mineral Extraction Info sheet should
be submitted prior to City Council approval of the penn it;
· The pennit shall not be valid until the required surety is posted and the appropriate fees are paid;
· It is understood the developer grades this project according to the submitted grading plan at his own
risk. Future review of utility construction plans could result in revisions to the grading design.
· That silt fencing be erected prior to grading and dust control ofthe property be maintained by the
developer.
Vote: YES: Schwing, Larson, Rotty, Ley; NO: Schlawin. MOTION APPROVED.
5. The Fannington Middle School 2nd addition final plat was presented to the Commission by Planner
Smick. Smick gave a brief presentation on the development referencing that some minor
engineering details need to be worked out before City Council approval. Schlawin asked what those
minor problems are. City Engineer Mann replied that each plat goes through a plan review check
and some issues concerning utility easements. Mr. Mann iterated that the grading plan would not be
approved until all grading issues have been taken care of. MOTION by Rotty, second by Schwing
to close the public hearing. Vote: YES: Schlawin, Larson, Rotty, Ley; NO: Schwing. MOTION by
Rotty to approve the 2nd addition final plat subject to the conditions ofthe City Engineers April 30th
1998 letter to the School District Engineer and forward to the City Council, second by Ley. Vote:
YES: Ley, Larson, Schlawin, Rotty; NO: Schwing. MOTION APPROVED.
6.
Planner Smick began the continued public hearing for the Prairie Creek East Schematic PUD. Smick
stated that there are still some EA W issues that remain. Smick went to state that the Technical
Advisory team (TEC) has surveyed the site and is recommending that no excavation take place
within Empire Township. Planner Smick explained to the Commission that a vote would be
necessary at this time and forwarded to the City Council because of a 60 day review provision stated
within the City Code. Schlawin asked if the no grading in Empire Township provision is for this
particular project or because the way the project is laid out. Smick replied that it is probably the
layout of the project. Schlawin said that he is concerned that there might be a "carte blanche"
approach that could be lIsed against the City and would like to make it clear this it is because of the
topography and layout of this particular project. MOTION by Schwing, second by Ley to close the
public hearing. APIF, MOTION APPROVED. MOTION by Schwing to forward a negative
recommendation of the Prairie Creek East PUD, second by Larson. APIF, MOTION APPROVED.
7. Planning Coordinator Smick and the City Engineer Mann updated the Commission on the
development of policies concerning turf establishment and erosion control. Smick and Mann both
explained the reasoning behind both of the policies and how they will benefit the City. The
Commission arid Staff went into a lengthy discussion on possible issues on both policies. The
Commission recommended that the policies possibly be adopted as ordinances because of possible
legal issue~,. .
8. Smick gave an. update to the Commission on the Comprehensive Planning Schedule. Smick went
.t~roughth~ possiblerrieeting dates df the draft timeline. Commissioners and Staff discussed if the
dat~swer(HO(ja"gg~ssive and if it could be held to,the schedule
.
~
.
<e....,