HomeMy WebLinkAbout09.22.98 Special Planning Packet
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AGENDA
PLANNING COMMISSION
Special
September 22, 1998
7:00 P.M.
Council Chambers
325 Oak Street
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) August 25, 1998
3. PUBLIC HEARINGS - 7:00 PM
a) Autumn Glen Preliminary & Final Plat
b) Conditional Use - Grading Permit - Autumn Glen
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4. DISCUSSION
a) Surface Water Management Plan
b) Water Supply & Distribution Plan
c) Comprehensive Sewer Policy Plan
d) Development Update - September 15, 1998
5. ADJOURN
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
To:
City Planning Commission
Lee Smick, AICP piJ
Planning Coordinator
From:
Date:
September 22, 1998
RE:
Autumn Glen Preliminary & Final Plat
Planning Division Review
Applicant:
ARC ON Development, Inc.
7625 Metro Blvd. Suite 140
Edina, MN 55439
(612) 835-4981
Referral Comments:
1. Lee Mann, City Engineer
2. Dakota County Plat Commission
3. Dakota County Soil & Water Conservation
District
Attachments:
1. Location Map
2. ARCON Development, Inc. Letter
3. Preliminary Plat
4. Final Plat
5. Proposed Changes to Functional Classification
6. Proposed Dakota County Road New Alignments
7. County Road Expansion Needs, 2020
8. City's Thoroughfare Plan
9. Malinski Letter - 1/31/89
10. Malinski Park Map
Proposed Development:
The proposed overall development consists of 174
total lots on approximately 101.96 acres yielding a
density of 1.7 units/acre. This falls below the
maximum density requirement of 3.5 established in
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the R-l zone. Approximately 30 acres on the
property consists of woodlands and wetlands.
Final Plat - Phase 1:
The proposed final plat for Phase 1 of the Autumn
Glen development consists of 60 lots on 26 acres of
the total 101.96 acres and is located at the northwest
comer of the project. The remaining acreage is
platted as seven separate outlots. The first phase
will connect with Embers Avenue in the Prairie
Creek 3rd Addition and at 193rd Street in the Akin
Park Estates development. A third access, Eagle
Point Way, is proposed to the north to connect with
the proposed Prairie Creek 5th Addition.
Location of Property:
Located to the east of Akin Park Estates and
Limerock Ridge subdivisions, to the south of the
proposed Prairie Creek East subdivision, to the west
of the 52 acres of City-owned parkland and to the
north of the proposed 195th Street right-of-way.
Area Bounded By:
Single-family residential development to the west,
proposed single-family residential to the north,
parkland to the east and the proposed right-of-way
for 195th Street to the south.
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Existing Zoning:
R-l Low Density - Single Family Residential
Existing Conditions:
The western portion of the property is densely
vegetated on steep slopes. The central portion is
currently fanned and is relatively flat and the
eastern portion consisting of the wetland area is
densely vegetated on relatively flat ground.
Lot Coverage and Sizes:
The maximum lot coverage for an R-l Single-
family zone is 25%. The minimum lot size for the
development is 10,000 sq. ft. The minimum lot
width is 75 feet. The smallest lot is 10,007 square
feet and the largest lot is 68,558 square feet. Lot
widths range from 75 feet to 116 feet meeting the
requirements of the City Code.
Streets and Accesses:
The proposed preliminary plat will contain four
accesses. Two accesses from the north to the
property include Embers Avenue and a potential
access to the north (Eagle Point Way) from the
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proposed Prairie Creek 5th Addition subdivision.
The third access includes 193rd Street from the west
and the fourth access would be to the south along
Embers Avenue to the proposed 19Sth Street.
Sidewalks:
A sidewalk will be required along the east side of
Embers Avenue and 193rd Street because of its
minor collector status per City Code requirements.
An eight-foot trail will be required along the south
side of 193rd Street to match the existing trail in
Akin Park Estates to fulfill the sidewalk
requirement. A sidewalk will also be required along
195th Street.
Topography:
Site topography is generally flat throughout the site
except along the western edge of the property where
existing topography shows 20% or greater slopes.
Elevation changes on the slopes range from 920 to
970 and are densely vegetated.
Wetland:
Wetland areas exist on the eastern edge of the
property adjacent to the City-owned parkland. The
wetland is designated as a protect and utilize
classification on the Surface Water Management
Plan's Wetland and Waterbody Classification Map.
A protect wetland is also located at the southwest
comer of the property. The Dakota County Soil &
water Conservation District requests that a wetland
delineation be required for the project and submitted
for review.
Flood Plain:
There is no flood plain that effects this property.
Parkland and Trails:
The Parkland adjacent to the Autumn Glen
development and owned by the City was originally
two parcels. The City purchased the northern parcel
while the southern parcel was dedicated to the City
by John Malinsky to meet parkland fee
requirements. The Developer will be required to
meet parkland fee requirements as well, and install a
trail on the southern side of 193rd Street.
Additional Comments
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The Developer is proposing a 174 lot single-family residential development on
approximately 101.96 acres of land east of the Akin Park Estates and Limerock Ridge
subdivisions. The first phase of the development will consist of 60 lots on 26 acres of the
total 101.96-acre site. The remaining acreage is platted as seven separate outlots. The
property is zoned R-l Low Density Single-Family residential and requires a minimum lot
size of 10,000 square feet and a minimum lot width of 75 feet. The proposed project
meets these requirements as cited in the City Code.
The Developer is proposing house and lot packages with values between $135,000 to
$200,000, the majority of which will be split-entry walkouts, because of the existing high
water table. Full basements will also be constructed in some areas where the water table
does not effect basement construction.
Topography
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The topography on the property is relatively flat in the central and eastern portions of the
site, while the western edge of the site consists of slopes over 20% in grade. Section 11-
4-8 of the City Code requires that no construction or significant alterations to the natural
drainage system are allowed on slopes over 20%. At the June 23, 1998 Planning
Commission meeting, the Planning Commission and City staff recommended that the
Developer relocate the entire development towards the east to protect the natural slope
and vegetation adjacent to Limerock Ridge. The Developer has complied with this
request and has relocated the development approximately 100 feet to the east and has
proposed a 175-foot Conservation Easement from the Limerock Ridge property line to
the east.
Transportation
There are four accesses proposed for the preliminary plat including two at the north end
of the property. The first phase will connect with Embers Avenue in the Prairie Creek 3rd
Addition and at 193rd Street in the Akin Park Estates development. Embers Avenue will
connect the site at the northwest comer and will provide one of two minor collectors
within the development. A sidewalk will be required along the east side of Embers
Avenue per City Code requirements.
The second northern access is shown as Eagle Point Way and is proposed to connect to
the proposed Prairie Creek 5th Addition. City staff recommends that Easy Street be
extended northerly into the future Prairie Creek 5th Addition and Eagle Point Way be
eliminated. This would provide enhanced traffic circulation and safety through both
subdivisions and eliminate the need for an additional intersection. A confirmation letter
by the Developer needs to be received by the City concerning the mutually agreed upon
connection point between ARCON, Inc. and Progress Land Company in order for the plat
to be accepted
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The third access is 193rd Street, the other minor collector within the development. An
eight-foot trail will be required along the southern side of 193rd to provide access from
Akin Park Estates and connect the parkland to the east. Embers A venue and the proposed
195th Street will provide the southern access to the property.
A determination on costs and responsibilities concerning the construction of 195th Street
will need to be resolved with the Developer and the County. At this time, City staff has
informed the Developer that 195th Street should be constructed as a shared cost with
Dakota County and should be constructed from the western border of the Autumn Glen
development to the eastern border. Dakota County has designated 195th Street as a
proposed minor arterial in its Proposed Changes to Functional Classification plan (see
attached) as illustrated in Dakota County's Transportation Policy Plan ((July 1998),
which will eventually connect with Cedar A venue to the west and Highway 3 to the east.
Wetland Requirements
The Developer proposes to remain outside of the designated wetland area at least 100
feet, due to the requirement in Section 10-9-6 requiring that all buildings, other than
accessory buildings, shall be set back at least 100 feet from a wetland. If the Developer
alters the wetlands in any way, a wetland alteration permit will be required.
The attached letter from the Dakota County Soil & Water Conservation District requires a
wetland delineation map be provided to their office prior to plat approval. Additional
information has also been requested by the SWCD to include detailed plans for the
erosion control and silt fence specifications.
Public & Reviewing Agency Comments
There has been considerable opposition to this project from the neighboring subdivisions
of Limerock Ridge and Akin Park Estates residents. The neighbors of Limerock Ridge
met with City staff and the Developer on June 15th to discuss their concerns of the
pending development. There were four major issues of concern raised by the residents
including: 1) protecting the vegetation of the sloped areas along the western edge of the
boundary, 2) small lot sizes and lot widths within the development, 3) developing
housing on high water tables, and 4) inadequate traffic circulation compared to the
increase in the number of proposed homes.
Preservation of the Vegetated Slopes
The Developer has relocated the entire development to the east approximately 100 feet to
retain the trees on the slope adjacent to Limerock Ridge between 193rd Street and the
proposed 195th Street. The Developer is proposing a 175-foot Conservation Easement
from the western property line to the east. The Conservation Easement will be posted
with signs and no grading or removal of trees will be allowed in this area.
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Staff Response: The Conservation Easement meets the recommendations of City staff.
Requirements of the Conservation Easement shall be a part of the Development Contract.
Lot Sizes and Widths
The second concern involved the small lot sizes and lot widths proposed by the
Developer, creating a market value for homes in the proposed subdivision to be
substantially lower than those in Limerock Ridge. Residents expressed the need to
increase the lot sizes to allow larger more expensive homes ($350,000) to be developed
on the site and desired an increase in lot widths from 75 to 80 feet. Residents stated that
Farmington needs more executive style homes on larger lots to increase the tax base and
this would be an adequate location for such homes. The Developer understood the needs
for Farmington to increase the number of executive style homes in the City, however,
because of the relatively flat acreage on the property, market values of these homes would
only promote housing prices between $135,000 to $200,000.
Staff Response: Per the City Code for R-1 Low Density Residential, the Developer meets
the required minimum lot size of 10,000 square feet and the minimum lot width of 75
feet. The Developer has submitted plans in compliance with the City Code.
High Water Table
The third concern raised by the residents included the construction of homes on an area
known to have a high water table.
Staff Response: The Developer has dug initial test holes to determine the elevation of the
water table, and will meet City requirements regarding this issue.
Traffic Congestion
The final concern involves the potential traffic congestion generated not only from this
site, but also from the proposed Prairie Creek 5th Addition development to the north.
Residents are concerned that Embers Avenue and 193rd Street will be the only route for
this population to access Akin Road and the future Pilot Knob realignment.
The residents also expressed concern about the financial feasibility of 195th Street and the
route being constructed through the designated wetland at the southwest comer of the
site.
Staff Response: The residents were shown the City's Thoroughfare Plan (see attached
map) illustrating Embers Avenue and 193rd Street as minor collectors. A minor collector
is defined as those streets that carry traffic from local streets to the major system of
arterials and highways. Collector streets primarily provide principal access to residential
neighborhoods and shall conform to an 80-foot right-of-way per Section 11-4-3 (P) of the
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City Code. The Developer has met the minor collector right-of-way requirements as well
as the local street right-of-way requirements of 60 feet.
Dakota County Plat Commission Response: The attached Plat Commission review of the
site states that Embers Avenue meets the spacing guidelines for the connection with 195th
Street to the south. However, the Plat Commission feels that Embers Court should be
extended east to the property line for future connection, and by eliminating this future
east-west corridor, the Plat Commission feels the future corridor for CSAH 60 will no
longer be a possibility.
Staff Response: As illustrated on the Proposed County Road New Alignments plan and
the County Road Expansion Needs, 2020 plan (see attached) in the Dakota County's
Transportation Policy Plan (July 1998), the plans designate CSAH 60 as a new alignment
and a necessary roadway system. However, as illustrated, CSAH 60 intersects from
CSAH 31 to the west and continues west to the Dakota County border through Lakeville.
Both plans do not show CSAH 60 located to the east of Akin Road. Therefore, the
comment by the Plat Commission concerning the recommendation that Embers Court
should be extended east to the property line of Autumn Glen, thereby creating a future
east-west corridor for CSAH 60, is in conflict with both of the above mentioned plans.
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The City's Thoroughfare Plan also illustrates that CSAH 60 connects with Akin Road and
continues to the south. At no time did the Thoroughfare Plan illustrate that CSAH 60
would extend to the east towards the City's border.
In addition, City parkland is located to the east of the proposed development. The City
purchased this parkland in 1989 through The Minnesota Department of Trade and
Economic Development's Outdoor Recreation Grant Fund and received the amount of
$78,312.50 in State Bonded Funds for the acquisition of Farmington Community Trails
and Preserves.
The grant was part of an overall plan to acquire approximately 145 acres of conservation
land and the parkland east of Autumn Glen encompasses 79.8 acres (see attached map).
The City intended to develop a trail to connect the southern part of the City with the
newly developed northern subdivisions. A preserve area of 129 acres in this area was
intended to allow passive trails through the preserve and ponds in the are would be used
as stormwater management ponds. The Plan required the avoidance of the removal of
any existing trees in the preserve.
Therefore, it is inappropriate for a roadway system to be proposed through a State Funded
preserve area and the County's request of proposing that Embers Court be proposed as an
additional east-west corridor through the City is not feasible.
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The City and Dakota County have continually recognized that CSAH 64 would be a
major east-west corridor and is reflected in both the Proposed County Road New
Alignments plan and the County Road Expansion Needs, 2020 plan as well as the City's
Thoroughfare Plan. The City has formally requested that CSAH 64 improvements be
. included in the County's CIP.
ACTION REQUESTED
Staff recommends continuing the Public Hearing until October 13th to allow the following
issues to be addressed:
1. It is recommended that Easy Street be extended northerly into the Prairie Creek Sth
Addition and Eagle Point Way be eliminated. An agreement between ARCON
Development, Inc. and Progress Land Company concerning the shared roadway and
final location of the street must be determined and submitted to the City.
2. The Developer will need to participate in the costs of improving 19Sth Street and will
need to waive all rights to object to assessments for those improvements.
3. The wetland area is to be delineated on the preliminary and final plat.
4. The water table elevation needs to be determined and shown on the preliminary plat.
S. All requirements of the Surface Water Management Plan must be met.
6. All other engineering requirements indicated during plan review must be met.
7. All other information required to be submitted on the preliminary & final plat
checklist.
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SURVEY & LAND INFORMATION DEPARTMENT
14955 GALAXIE AVENUE
GARY H. STEVENSON, R.L.S.
COUNTY SURVEYOR
LAND INFORMATION DIRECTOR
(612) 891-7087
FAX (612) 891-7031
APPLE VALLEY, MINNESOTA 55124-8579
DAKOTA COUNTY
September 9,1998
City of Farmington
325 Oak Street
Farmington, MN 55024
ATTN:
RE:
Lee Smick, City Planning Coordinator
AUTUMN GLEN
Dear Ms. Smick:
The Dakota County Plat Commission met on September 8, 1998. to consider the preliminary plat of AUTUMN
GLEN. Said plat is adjacent to proposed Co. Rd. 64 and is, therefore, subject to the Dakota County Contiguous
Plat Ordinance.
The preliminary plat meets the County's Access Spacing Guideline with the one public street at Embers Avenue
and meets the Count's Right of Way Guideline with 60 feet of half right of way for a 4-lane undivided highway.
The Plat Commission is concemed about an overall thoroughfare plan in this area of the city with limited east-
west through streets. The Plat Commission feels Embers Court should be extended east to the property line for
future connection. This plat along with other developments is eliminating the future possibility of the extension
of 190th Street as a future corridor for CSAH 60. ,
The Ordinance requires submittal of a final plat before a recommendation is made to the County Board.
Since proposed Co. Rd. 64 is not built. traffic volumes on proposed Co. Rd. 64 are not known and are not
known for the year 2020. Current Minnesota noise standards for residential units could be exceeded for the
proposed plat when this road is built. Residential developments along County highways commonly result in
noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential
units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated
into this development.
No work shall commence in the County right of way until a permit is obtained from the County Highway
Department and no permit will be issued until the plat has been filed. The Plat Commission does not review or
approve actual engineering design of proposed accesses and other improvements made in the right of way.
The permit process reviews the design and may require construction of highway improvements not discussed
during plat reviews. including, but not limited, to turn lanes, drainage features. etc.
cc: Tom Swanson. Permits Technician
Michael Schultz, Associate Planner
Dave Olson. City of Farmington
Lee Mann, City of Farmington
Printed on recycled pa :f. QAGlMMrlng
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AN EOUAL OPPORTUNITY EMPLOYER
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DAKOTA COUNTY SOIL AND WATER
CONSERVATION DISTRICT
Dakota County Extension and Conservation Center
4100 220th Street West, Suite 102
Farmington, MN 55024
Phone: (651) 480-7777 FAX: (651) 480-7775
September 15, 1998
Mr. Michael Schultz
City of Farmington Planning Division
325 Oak Street
Farmington, MN 55024
Ref.: 98-FRM-051
RE: REVIEW OF THE PRELIMINARY AND FINAL PLAT FOR THE AUTUMN GLEN RESIDENTIAL
DEVELOPMENT LOCATED IN SECTION 24, TOWNSHIP 114N, RANGE 20W.
Dear Mike:
The Dakota County Soil and Water Conservation District (District) has reviewed the Preliminary Grading
Plan for the above-mentioned site. This project entails 174 total lots on 102 acres; 26 acres of which are
included in the final plat for Phase I. The following report summarizes the proposed erosion controls and
submits additional erosion and sediment control recommendations.
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We observed the following erosion and sediment controls on the plans:
I. Four stormwater ponds.
2. Silt fence at the western edge of a wetland (Pond 6).
We have the following comments and recommendations regarding erosion and sedimentation control:
1. Overexcavate and use the stormwater ponds as temporary sediment basins to hold site runoff during
construction. Construct these ponds prior to upslope land disturbance. Stabilize the pond
embankment and emergency spillway within seven days of construction. Install temporary risers on
the sediment ponds to optimize sediment trapping efficiency.
2. Limit construction access to one point and install a rock construction entrance at this location.
3. Install heavy-duty silt fence around all wetland areas. Label WCA jurisdictional wetlands clearly on
the plan.
4. Install inlet sediment filters at catch basins at low points in the system.
5. Show type of energy dissipation devices at all storm sewer outlets.
6. Install straw bales, silt fence, a double row of sod, or alternative device behind curbs (immediately
after curb construction) to minimize runoff from lots during building construction.
7. Include temporary and permanent seeding, mulching, and fertilization specifications on the plan.
8. Include details for all erosion controls on the plan.
9. Include notes regarding NPDES permit requirements on the plan, including inspection and
maintenance timing.
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The District assumes the wetland boundaries on the site have been evaluated. Please submit the wetland
delineation to our office prior to plat approval.
AN EQUAL OPPORTUNITY EMPLOYER
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Autumn Glen Preliminary and Final Plat Review
98FRM051
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Thank you for the opportunity to review this plan. Please be aware that because the project disturbs
more than 5 acres, the applicant must apply for a MPCA General Storm water Permit at least two days
prior to initiating construction. Call me if you have questions.
Sincerely,
9tJ~;> ~~
Jay Riggs
Urban Conservationist
cc: Mr. Lee Mann, City of Farmington
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-711I Fax (651) 463-2591
www.ci.farptington.mn.us
TO:
Lee Smick, Planning Coordinator
FROM:
Lee M. Mann, P.E., Director of Public Works/City Engineer
SUBJECT:
Autumn Glen - Preliminary and Final Plat
DATE:
September 22, 1998
Engineering staff has reviewed the preliminary and final plat for the Autumn Glen
project and forwards the following comments:
1. Staff has reviewed the grading plan and is in the process of reviewing the street and
utility plans. Review of the construction plans may identify necessary adjustments to
the plat. All adjustments to the plat will need to be complete and all construction
plans will need to be substantially complete before final plat approval at the City
Council.
2. The design of sewer connection in the vicinity of 193rd Street and Block 1, Lots 16-22
will need to be discussed and probably revised. The revision will necessitate changes
to the easements and lot lines as currently shown on the plat.
3. It is recommended that Easy Street be extended northerly into the future Prairie Creek
5th Addition and Eagle Point Way be eliminated.
4. Easements need to be provided for all storm sewer. Outlots need to be provided for
all storm sewer ponds.
5. The Developer will need to participate in the costs of improving 195th Street and will
need to waive all rights to object to assessments for those improvements.
6. The platting of the areas encompassed by outlots D and E needs to be resolved with
the property owner to the north. A portion of the property to the north of each of
these outlots should be platted with this plat to create buildable lots. Also, Outlot F
needs to be addressed.
7. All requirements from previous reviews will need to be met.
. Respectfully Submitted,
~/n~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc: file
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ARCON
.EVELOPMENT, INC.
7625 METRO BLVD. · SUITE 350 · EDINA, MINNESOTA 55439 · PHONE 612/835-4981 · FAX 612/835-0069
August 24, 1998
Ms. Lee Smick, Planning Coordinator
City of Farmington
325 Oak Street
Farmington, MN 55024
RE: Autumn Glen Submittal
Dear Ms. Smick,
Arcon Development, Inc., is pleased to submit the application and required plans for
Preliminary Plat approval for Autumn Glen (Jon Malinski property) in the City of
Farmington. The Preliminary Plat consists of one hundred seventy four (I74) single
family lots and accompanying outlots.
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Autumn Glen is located directly east of Akin Park Estates and Limerock Ridge, south of
Prairie Creek Fourth Addition, north of future 195th Street, and west of the City of
Farmington park land (which was purchased from Mr. Malinski).
Autumn Glen will have access from the north by Embers Ave. and a future connection
into Prairie Creek Fourth Addition~ the west from 193rd Street, and the south by future
19Sth Street. Embers Avenue will continue south through the development and provide
access to future 19Sth Street. Sanitary Sewer is presently on site, however sewer will be
connected to an existing line located in Prairie Creek Fourth Addition to serve Autumn
Glen. Water main is stubbed to the prope~ at the north end of the site in Embers
Avenue and the west end of the site in 193 Street. Storm sewer pipe, that serves the
subdivisions to the west, is stubbed to the west property line in 193M Street, and will be
continued into the site to future ponding basins.
The street design consists ofa neighborhood collector, Embers Avenue, running through
Autumn Glen generally north and south, existing 19Sth Street entering the site from the
west, and a series of loop streets and two short cuI de sacs. Embers Avenue will have an
80-foot ROW, with a sidewalk along the east side. 193rd Street will also have an 80-foot
ROW, an asphalt path will be install along the south side (connecting to the existing
asphalt path) and continue into the future park. The remaining streets and cuI de sacs will
have 60 foot ROWs. The smallest lot in Autumn Glen will be 10,007 square feet and the
largest lot will be 68,558 square feet. However, the general range oflots will be 10,500
. square feet to 12,500 square feet. The minimum lot width at the setback line will be 75
WE DO MORE THAN DEVELOP lAND.... WE CREATE NEIGHBORHOODS
DEVELOPERS - PLANNERS - CONTRACTORS
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feet, with an average lot width of 80 to 85 feet throughout the subdivision. A 175-foot
'conservation easement' will be placed on the lots that abut Limerock Ridge, along the
west line of the development. This 'conservation easement' will protect the existing
vegetation in the rear of these lots and assure the residents of Limerock Ridge that the
existing trees and slope will be maintained. Neither grading or tree removal will be
allowed within this 'conservation easement' .
There are two existing wetlands located within Autumn Glen. One wetland encroaches
onto the southwest comer of the property from the south. This wetland is part of a larger
wetland on the property south of Autumn Glen. This small wetland will be impacted
when 19Sth Street is constructed. There is also an existing wetland located in the
northeast comer of Autumn Glen. This wetland is approximately six acres in size and is
classified as being "impacted by an influx of nutrients, plowing and possible some
drainage" and relatively in a degraded condition. This wetland will not be impacted by
vegetation removal or grading.
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The grading plan proposes the construction of three (3) ponding basins for storm water
management. One pond will be in the north central part of the development; one pond
will be in the northeast comer of the development (directly north of the six acre wetland);
.and a large pond will be constructed in the southeast comer of the development (south of
the six acre pond and west of the City park land). These ponds will not only function as
storm water retention ponds, but will also become amenities for Autumn Glen. The two
easterly ponds and adjacent land will be donated to the City and combined into the future
park system creating a water amenity for the future park.
Protective Covenants will be filed with the County on Autumn Glen. These Covenants
will establish minimum requirements for house construction within the development and
protect the homeowner's long term investment. Sod will be required in the front and side
yards of every lot, additionally, two (2) front yard trees, 2'12 inch diameter, will be
required on each lot with the construction of each house. It is anticipated lot prices in
Autumn Glen will be starting in the mid 30's. House and lot packages in Autumn Glen
will range from $135,000.00 to $200,000.00, depending on lot price and location.
Arcon Development, Inc., is also submitting the Application and required plans for Final
Plat approval for Autumn Glen (phase I) and a Conditional Use Permit requesting a
grading permit for the north ~ of the development upon approval of the Preliminary Plat
of Autumn Glen.
The Final Plat for Autumn Gleh consists of sixty (60) lots and accompanying outlots.
Phase I extends Embers Avenue south to 193rd Street, and 193rd Street west to Limerock
Ridge, A short cuI de sac and a portion of Embers Court will also be constructed within
Phase 1.
Arcon Development, Inc., would like to start grading Phase I of Autumn Glen as soon as
possible, and proceed with utility and street construction, weather permitting, this fall. In
. order to balance the site and complete the required drainage and ponding improvements
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for Phase I, the grading permit will be requested for a larger area than Phase I. This will
allow the north ~ of the site to be graded, ponds established and turf established at this
time.
Arcon Development, Inc., has been in the land development business since the mid 80's
and is actively developing in Lakeville, Apple Valley, Bumsville, Savage, Oakdale,
Woodbury and Big Lake. Arcon maintains strict architectural controls over its
subdivisions and works closely with buyers, buil<!ers and City staff to maintain a quality
project. '
This proposal will develop property that was just recently brought into the MUSA. The
development protects the slopes and existing vegetation along the west boundary line,
maintains a row of trees along the north property line, develops primarily in the open
areas, donates additional land to the City parkland, and provides an impetus to develop
and provides access to the future City park.
Arcon Development, Inc. looks forward to working with the City of Farmington on
Autumn Glen.
Sincerely,
~ -"2 ~
/17tP. 7~
Larry D. Frank
Project Manager
Enclosures:
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Dakota County Transportation Plan (DRAFT)
County Road Expansion Needs, 2020
Figure: T-19
June 1998
January 31, 1989
Jon Malinski
8535 E. 230th St.
Lakeville, MN 55044
Dear Mr. Malinski,
The City of Farmington has plans for a walking/bicycling trail from Rambling
River Park to the Dakota County Estates area. In addition to this trail,
a community preserve area east of the Akin Road Elementary School is being
planned. You own the property upon which we wish to make these improvements.
The City has received grant money to purchase this property. We will be
hiring an appraiser to appraise your property. He will be contacting you
regarding the appraisal so you may ask any questions you may have. The appraiser's
name is Bruce Thorvig. Mr. Thorvig can be reached at 435-5999. He will
be contacting you when he reviews your property.
Enclosed is a location map that will indicate the parcels of your property
that are under consideration. If you have any questions, please contact
me at City Hall - 463-7111.
Yours truly,
~ b-J2Q
James Bell
Parks and Recreation Director
cc: file
Cibj " FCl1lItWcgfM 325 Oak SfJeea · flllUeWcgfM. fKK 55024 · (612) 463-7111
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TO:
FROM:
SUBJECT:
DATE:
Planning Division Review
Applicant:
Natnre of Request:
Referral Comments:
Attachments:
Location of Grading:
Size of Grading Area:
Area Bounded by:
Zoning:
Comprehensive Plan:
Current Land Use:
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 tr
Conditional Use Permit- Grading & Excavation- Arcon Development
September 22, 1998
Jon Malinski (w/ Arcon Development)
8535 235th St. E.
Lakeville, MN 55044
Allow early rough grading work of the
proposed Autumn Glen Development
1. Lee Mann, City Engineer/Public
Works Director
1. Location Map
2. City Ordinance- Section 3-22:
Excavation Grading and Mineral
Extraction
3. Grading Information Sheet
4. Grading Application
East of the Akin Park Estates and
Limerock Ridge neighborhoods (see
attached map).
Approximately 43.6 acres
Residential to the west, farm field to the
north and partially to the south, wetland
and wooded City property to the east.
R-l- Low Density Single Family
Low Density- Residential
Agriculture/Open Space
.
.
.
Additional Information
Jon Malinski, in partnership with Arcon Development, are seeking a Conditional Use/Grading
and Excavation Permit to begin early rough grading work on 43.6 acres within the first phase of
the Autumn Glen Development. The property is located east of the Akin Park Estates and
Limerock Ridge neighborhoods. The grading work would help establish at least two ponding
areas and a rough grade of the road network for construction to begin sometime this spring. Time
of grading operation would be Monday through Saturday, 7 A,M. to 6 P,M. and take
approximately 4 to 5 weeks, The developer plans on erecting silt fence around the proposed
grading area and crushed rock at the entrances.
The last grading permit the City issued was in September of this year to Heritage Development
for Nelsen Hills Farm ih Addition and also in June to Genstar Land Company for grading work
within the Charleswood. Though this process has not been typical in the past when platting new
developments it has become somewhat of a common request in recent plats over the past 6
months. 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.
Action Requested
Planning and Engineering staff recommend that the Planning Commission approve the grading
permit and forward it to the City Council for their review based on the following conditions:
1. Approval for the permit is contingent on approval of the grading plan by the City Engineering
Division. Issues have been identified that will require revisions to the grading plan. Further
review of subsequent submittals may generate additional comments. Construction shall not
commence until the grading plan is approved and sign by the City Engineer.
2. The Developer grades the site prior to approval of street and utility construction plans at the
Developer's own risk. Issues may be identified during review of the street and utility
construction plans which may require adjustments to the grading, The Developer will be
responsible for any such changes that may be required.
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
Information Sheet should be submitted prior to City Council approval of the permit.
Michael Schultz
Associate Planner
cc:
Larry Frank, ArcoD Development
.
.
.
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:
Autumn Glen - Grading Conditional Use Permit review
DATE:
September 22, 1998
Engineering staff has reviewed the submitted grading plan for the first addition of Autumn
Glen. Staff recommends approval of the Conditional Use Permit at the Planning Commission
level with the following contingencies:
1. Approval for the permit is contingent on approval of the grading plan by the City
engineering division. All grading review comments need to be addressed to the
satisfaction of the engineering division before issuance of the grading permit and
commencement of construction. Staff has performed the initial review of the grading
plan and comments have been forwarded to the Developer. Issues have been identified
that will require revisions to the grading plan. Further review of subsequent submittals
may generate additional comments. Construction shall not commence until the grading
plan is approved and signed by the City Engineer.
2. The Developer grades the site prior to approval of street and utility construction plans at
the Developer's own risk. Issues may be identified during review of the street and utility
construction plans which may require adjustments to the grading. The Developer will be
responsible for any such changes that may be required.
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 shall be submitted prior to City Council approval ofthe permit.
Respectfully Submitted,
~~~
Lee M. Mann, P.E.
Director of Public Works/City Engineer
cc:
file
David L. Olson, Community Development Director
Autumn Glen Development
Location Map
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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~.
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.
1'-
.~:.
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
1092
City of Farmington
3-22-4
.
(0)
3-22-5
is integral to construction or maintenance of roads, highways or
utilities.
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,OOO) 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)
3-22-5:
(A)
.
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)
\
\}<
w,.
APPLICA TIONS FOR PERMITS; PROCEDURES, CON-
TENTS OF APPLICATIONS:
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
.
.
.
597
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
\I
"_"f;
.. ,.
;,
..
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 Farmin.gton
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.
I
\)
, ,
.
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 atter
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.
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.
\
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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;
\
\l.
~ ,.
(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:
.
1092
City of Farmington
.
.
3-22-14
3-22-15
(A) Machinery shall be kept in good repair.
(B)
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.
(B)
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
II
~.~
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3-22-15
3-22-16
0)
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 m 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.
.
(D)
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 Variance/Conditional Use Permit
325 Oak Street, Farmington, MN 55024
612-~63-il11 FAX 612-463-2591
APPLICA TION FOR: 0 Variance ~onditiona1 Use*
(please check) *requires an abstractors certificate of owners within 350 ft.
(average cost - S250-350)
LEGAL DESCRIPTION OF PROPERTY: (lot, block, plat name, section, to-wnship, range)
~f,^",,,,, ~/e-. - IlAJ,;..... j:?1cv'~ AI. ~. 9"~ J~c.. z ~
Ea.s/- (){J /f1r"n f7o...t €shk.; ~ 6~ r()~ ~/*
ZONING DISTRICT Tt-j.
PHONE~/- 2741
for office use
NUMBER
FEE OWNER'S NAME Q....
. ADDRESS: S 3S' "2. ~~ ~
Street
PRESENT LAND USE: - V'Q. c tt--",
SPECIFY NATURE OF REQUEST GROjJNDS: b
~ rv-.-J d 171'1.(, ~,;. . ro/ t'4.
A IT CHED: (please check) @'Proof of Ownership
[!'Application Fee
[}-At5stract
Torrens (Owner's Duplicate Certificate of Title Required)
Applicant's Signatur- ~ - ~
Date ~~
J'11 ^' .
'Ss~ 4
Zip Code
EtBoundary Survey
G-Copies of Site Plan
Applicant's Signature
Date
for office use only
REQUEST SUBMITTED TO THE PLAN1'rrNG CO~1MISSION ON
ACTION: OPublic Hearing set for:
o Denied Reason:
, FINAL ACTION: o Approved
o Denied
Comments:
Reason:
ZONING ADMINISTRATOR:
DATE:
signaTure
CITY OF FARMINGTON
EXCAVATION, GRADING AND MINERAL
EXTRACTION APPLICATION
.
Location of Operation P. ..~
Oate~' Zt/-9 S Type 4?(J,"'r0/~4
Name of Applicant #Yc. ~ t:k l;'t: /7' ""'U1.~ Z-'c.
Address ?hz.S ~h ~/V'd. #3,jo Ed,";~
~
~~"'^' k/cr- A./....:.. .
etU~ d I- tfA.,n ~,. ~~ ~ &~,-~
No.
Phone
f-s..J'- ",.al
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/h,., .
A t(.11;'~~' J
'5'~o~1-
IZcIr
tJ'5'1.I" '2..3 Q -Iii s..{. e.
Name and Address of Land Owner Jb"
Dimensions of area in which work will take place
s~~ ?;'flLu'.. '7
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Maximum depth of excavation /oJ. 11 . . Maximum heightoffiU
..s~ c ~ ,...J~-:, ji?/~
Change in site elevations ft; 13stimated quantity to'be moved: In
Date operation will start - w~ ~R/Yi1 II t") Date operation will end
Y ds Out
Yds
---.--'Nomrahiays'ofoperation 11t~ - I:.~,I,
Does applicant plan to:
Hours' '7~;"'I&ot;<'-'<"P? 1'1 f
1. Fence the operation? ,va
3. Postwqrningsigns? N (I
4. Arrange for proper drainage? y~ I
5. Arrange for noise suppression? "1"~~
6. Observe a buffer from boundary lines? .... N. It .
7. Repair streets damaged from operation? YeS
8. Furnish before and aftertopos? '( e:s
9. Furnish a bond to the City? Y"e- Jo
10. Furnish a Certificate ofInsurance? Ye4
Fee: Based on schedule of fees under Resolution R
through
: $
valid from
6~2i-tJ8
Date '
~~~
Slgnatu~ of ApplIcant
Application (approved, denied) by the City Council this
19_.
day of
.
Date
City Clerk
r;
.
City of Farmington
325 Oak Street
Farmington, MN 55024
(61~)463-1600
Excavation, Grading and
Mineral Extraction
Info Sheet
Perntits 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 excavatiQn permit shall be processed in accordance with the
same procedures and requirements specified in the City Code relating to conditional use pennits.
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 oftbe property described above.
4. Specifications of the following, using appropriate maps, Photographs and surveys;
- .----------a}-,'--Tbe,PbysiealtelatioJ18hipOf thepftlPOsed designated.site-to--the~unity.and
existing development;
b) Site topograpby 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.
S; The purposes 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 oftbe plan. source of water, disposal of water and reuse of water.
8. Desired haul routes to and from the site.
9. The plans fordrainage. 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;
7/31197
d: \lIarson\policies\forminfo.doc
E
.
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
condm:ted; and
f) The criteria and standards to be used to achieve final rehabilitation as well a.s
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.
.,..----....-,-..-..--..
.
d: \lIarson\policies\forminfo.doc
\
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7/31197'- }
E
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.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
Lee Smick, AICP fjf)
Planning Coordinator
FROM:
SUBJECT:
1998 Comprehensive Plan Update-
Surface Water Management Plan
DATE:
September 22, 1998
INTRODUCTIONIDISCUSSION
The Surface Water Management Plan is an element in the 1998 update of the
Comprehensive Plan. The Surface Water Management Plan was finalized in September
1997 and was prepared by the Engineering firm of Bonestroo Rosene Anderlik &
Associates. Erik Peters, the author of the plan and a BRAA representative, will present
the plan to the Planning Commission.
The Plan is intended to serve as a guide for the expansion of the City's trunk storm sewer
system. The Plan recommends a combination of supply, storage and distribution system
improvements that will adequately serve the City at full development.
The plan addresses all of the requirements of the Metropolitan Land Planning Act and
was officially adopted by the City Council on October 20, 1997.
ACTION REQUESTED
Accept the Surface Water Management Plan of September, 1997 into the 1998
Comprehensive Plan Update.
~:~
Lee Smick
Planning Coordinator
.
.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning commissiot)
Lee Smick, AICP O~
Planning Coordinator
FROM:
SUBJECT:
1998 Comprehensive Plan Update-
Comprehensive Sewer Policy Plan
DATE:
September 22, 1998
INTRODUCTIONIDISCUSSION
The Comprehensive Sewer Policy Plan is an element in the 1998 update of the
Comprehensive Plan. The Comprehensive Sewer Policy Plan was finalized in July 1996
and was prepared by the Engineering firm of Bonestroo Rosene Anderlik & Associates.
Lee Mann, City Engineer, will present the plan to the Planning Commission.
The Plan indicates the effects on the City and the regional system, the flexibility to
accommodate different stages of development in the City and assists in the projected
timing of construction or expansion of the metropolitan facilities that might be required to
meet the anticipated growth of the area.
The plan addresses all of the requirements of the Metropolitan Land Planning Act and
was officially adopted by the City Council on September 16, 1996.
ACTION REQUESTED
Accept the Comprehensive Sewer Policy Plan of July, 1996 into the 1998 Comprehensive
Plan Update.
.
.
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
TO:
City Planning Commission
FROM:
Lee Smick, AICP ri 7)
Planning Coordinat~
SUBJECT:
1998 Comprehensive Plan Update -
Water Supply & Distribution Plan
DATE:
September 22, 1998
INTRODUCTIONIDISCUSSION
The Water Supply & Distribution Plan is an element in the 1998 update of the Comprehensive Plan. The
Water Supply & Distribution Plan was fmalized in July of 1996 and was prepared by the Engineering fIrm
of Bonestroo Rosene AnderIik & Associates, A representative from BRAA will present the plan to the
Planning Commission,
The Metropolitan Planning Act requires all communities in the metropolitan area that have a municipal
water supply system to prepare a water supply plan for insertion into the City's Comprehensive Plan. The
required contents of the plan include the following:
1. Water Supply Description and Evaluation
2, Emergency Planning for Public Water Suppliers
3. Water Conservation Plans for Public Water Suppliers
4. Additional Information for Public Water Suppliers in the metropolitan Area
The plan addresses all of these requirements.
ACTION REQUESTED
Accept the Water Supply & Distribution Plan of July, 1996 into the 1998 Comprehensive Plan Update.
Respectfully submitted,
~
Lee Smick
Planning Coordinator
t;;..t~L r
.
.
.
TO:
FROM:
SUBJECT:
DATE:
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
Planning Commission
Michael Schultz
Associate Planner
Development Update
September 22, 1998
This memo is aimed to provide the Planning Commission information to the current stage
of residential developments and current city projects taking place within the city. This
memo is for information only. Staff will attempt to update the Commission on a
bimonthly basis to start and more periodically if necessary.
Michael Schultz
Associate Planner
.
.
.
DEVELOPMENT UPDATE
September 15, 1998
Residential Developments
East Farmington 4th:
Building permits are being issued for the exception of the private street lots off of County
Road 72. Twenty-one (21) permits have been either applied for or issued at this time (or
thirty-two (32%) percent of the fourth phase).
Charleswood:
Hennen Construction completed watermain installation last week and began placing
watermain and sanitary services. Storm sewer installation will begin this week.
Akin Park Estates 2nd _ 4th:
The remaining utility punchlist item, repair or settled storm pipe on 193rd Street, was
completed last week. Landscaping related punchlist items are all that remain for these
developments.
Nelsen Hills 6th:
Minger Construction completed sanitary installation last week. Watermain installation
will begin this week.
Bristol Square:
A grading pre-construction meeting was held last week and Nyen Excavating will begin
site grading this week. The developer, Jim Allen, has signed the Developers Agreement
on Monday (9-14), staff is still awaiting mylar plats for signatures and submittal to the
County for recording.
Glenview Townhomes:
TC Construction has not submitted a final mylar plat to City staff for submittal to the
County for recording, the developer has 75 days from final plat approval from City
Council to have a copy submitted for recording.
Street and Infrastructure Projects
Elm Street:
The final wear coarse should be placed this week.
Middle Creek Sanitary Sewer:
Latour Construction continued to place sanitary sewer and will continue on trunk sanitary
sewer within the next few weeks. Approximately 60% of the sanitary has been placed.
2nd Street Parkine Lot:
NSP was on site last week working on installing the electrical and placing the bases for
the parking lot lighting. Bituminous Roadways placed the first lift of bituminous for the
lot last week. The sidewalk is scheduled to be placed toward the middle of this week.
.
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AGENDA
CITY COUNCIL/PLANNING COMMISSION WORKSHOP
CITY HALL COUNCIL CHAMBERS
September 2, 1998
7:00 P.M.
1. CALL TO ORDER
2. ADOPT AGENDA
3. GENERAL DEVELOPMENT ISSUES
a) Stormwater Runoff
b) Erosion Control
c) Lot Sizes
4.
APPEAL PROCEEDINGS OF A DECISION BY THE BOARD OF ADJUSTMENT
a) South Suburban Medical Center
5. INDUSTRIAL PARK
6. COOPERATIVE HOUSING CONCEPT
7 . PRIVATE DEVELOPMENT PROJECTS
a) City Inspections of Private Development Projects - Policy Discussion
b) Punch List Status Review of Private Developments
c) BATe Task Force Discussion - Update & Discussion
d) Engineering Standards Document - Update
8. ADJOURN
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TO:
Mayor and Councilmembers
FROM:
John F. Erar, City Administrator
SUBJECT:
Acceptance of Private Development
Projects - Council Policy Discussion
DATE:
July 20, 1998
At the July 6, 1998 Council meeting, Council and staff discussed policy issues relative to the closing out
of punch list items, and final City acceptance of private development projects.
DISCUSSION
As Council may recall, private developers questioned the appropriateness of current staff adding project
punch list items and complained that current engineering staffwas using different standards in review of
public improvements contained within private development.
In response, staff indicated that previous inspections of private development were in need of further
review, and that it was appropriate for current staff to take a new survey of active private development in
1997 as current staffwould be responsible for and would be held accountable for any future infrastructure
deficiencies in projects closed out from this date forward.
Further, staff indicated that the City was not enforcing different standards, but simply enforcing existing
standards. As previously directed by Council, staff has not made any changes to current engineering
standards, and is in the process of compiling those standards for review by the BA TC taskforce in late
fall.
Further, in light of the fact that Council would be formally accepting staff recommendations to close out a
project, any problems which current staff becomes aware of would need to be addressed by the developer,
before final Council acceptance. In terms of staff recommendation to accept a project, staff would be very
reluctant, as would presumably Council, to accept a project with recognized deficiencies, problems or
incomplete work.
Once a project is accepted by Council, the City then becomes responsible, both legally and financially, for
resolving infrastructure related issues that were not addressed through the City inspection process. In
addition, the Council and staff would potentially be faced with having to explain to residents why these
issues were not addressed by the developer, and why the City did not enforce the provisions of the private
development contract. Moreover, there exists the possibility that the City could be legally challenged by
residents in terms of failing to protect the public's interest and/or negligence in terms of City
responsibilities to enforce a legal document.
As there appeared to be some need to further discuss this issue based upon the conversation at the July 6,
1998 Council meeting, direction from Council in this regard is necessary as to how staff should continue
to approach these issues. According to Private Development Contracts, until a project is closed out,
private developers are required to complete projects in accordance with approved plans and
CitlJ. of FarminfJton 325 Oak Street · Farmin9.ton] MN 55024 · (612) 463.7111 · FaK (612) 463-2591
.
.
.
specifications. As the majority of punch list items are essentially related to project plans and
specifications, the City appears to be well within its rights to require developers to complete these items.
The following Council Policy issues and questions are in need of clarification and/or affirmation:
· If staff discovers public improvements in private development which are not in accordance with
approved plans and specifications, and are determined to be substandard, potentially defective or
essentially incomplete, how should staff proceed in this regard?
· What is Council's expectation of staff in terms of projects being inspected in accordance with the
approved plans and specifications and regarding the recognition that all project deficiencies be
addressed and resolved accordingly?
· If private developments are to be accepted that are not completed in accordance with approved plans
and specifications then Council and staff will need to discuss professional liability and staff
accountability issues in those respective areas, along with the fonnulation of a written Council policy
articulating the release of staff liability from those standards.
· In light of the fact that there has been general agreement that the Council expects quality development
through adequate City inspections, how should staff address currently recognized private
development project deficiencies. In other words, should staff overlook legitimate punch list items
discovered since 1997 and will the governing body take actions to fonnally release current
engineering staff and administration from potential recriminations from affected property owners in
the future?
BUDGET IMPACT
Upon acceptance by the City, any project punch lists not completed by the developer would become the
City's responsibility. Detennination of how these project costs would be financed are essentially a
function of the type of needed improvement. Under the City's special assessment policy, some project
costs could potentially be assessed against benefiting property owners.
ACTION REQUESTED
Council consideration of the policy issues identified above, and direction relative to either affirming
staffs current approach in private development inspections or the fonnulation of Council policies
articulating revised expectations concerning private development inspections.
The development of revised Council policies on private development inspections and acceptance of
private development projects would need to be addressed through private development contract language
changes.
Re~pe~tfull:( ~JJfmitted,
i, l ' (/'" '--. ,
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J'ohn F. Erar
/City Administrator
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
FROM:
David L. Olson
Community Development Director
SUBJECT:
Conditional Use Permit Appeal
DATE:
July 13, 1998
INTRODUCTION
Several Commission members have requested copies of the decision of the City Council
on the South Suburban Medical Center (SSMC) appeal of the amendment to their
conditional use permit to allow the sidewalk to be placed on the south side of Elm Street.
DISCUSSION
Attached is the Conditional Use Permit (CUP) form that has been implemented at the
suggestion the City Attorney which contains the specific information on the SSMC CUP
amendment. The only information contained on this permit form are the particulars
regarding this conditional use and including legal description, requested use, and any
conditions attached to the permit.
While the Councilmembers, at the request of the City Attorney, did state their reasons for
overturning the decision of the Planning Commission, they did not adopt formal findings
of fact. In addition to the reasons stated by the individual Councilmembers, part of the
record of decision in this matter are the reasons stated in the letter from SSMC which was
the basis of their appeal (copy enclosed).
In discussing this situation with the City Attorney, he indicated that typically fmdings of
fact need to be documented more extensively when the petition or request is being denied
and may be the subject of an appeal. Obviously when the action is to approve a request,
it is unlikely that an appeal will be filed. Any party that would appeal a Council decision
would have to be an aggrieved party and the appeal would have to be filed with the
District Court.
.
.
.
In conclusion, the City Council has been designated in the City's Code of Ordinances as
the final review body on most land use issues including conditional use permits and in
this case, the Council chose to make a decision that was contrary to that of the
recommendation from staff and the Planning Commission.
ACTION REOUESTED
For information only.
Respectfully submi ed,
.~~
David L. Olson
Community Development Director
SOUTH
SUBURBAN
MEDICAL
CENTER
g~~~n~~~
MAY 15 1998
LJ
I
May 13, 1998
Mr. Dave Olson - Community Development Director
City of Farmington
325 Oak Street
Farmington, MN 55024
Dear Dave,
As a result of the Planning Commission's Meeting on May 12, 1998, and
their decision not to amend the previously approved Conditional Use Permit
to move the sidewalk to the South side of Elm Street, I am appealing their
decision.
'.
The SSMC Board Members and myself feel that since South Suburban
Medical Center is bearing the cost for the road extension of Elm Street and
we own parcels of land on both sides of that extension, that the sidewalk
should be placed on the South side of the street. As you are aware, from
our perspective, placing the sidewalk on the North side risks injury to
pedestrians crossing the ambulance entrance, poses a snow removal
problem and may add additional costs.
If you have any further questions, please contact me at 460-1138.
Sincerely J
~~
Lee Larson
Chief Executive Officer
.
CC: Ralph Nordine
Dan Nicolai
A Member Organization of the Benedictine Health System
3410 213th Street West Farmington, Minnesota 55024-1197 phone (612) 463.7825 fax (612) 463-4941
AN EQUAL OPPORTUNITY EMPLOYER
2-4.3
2-4-3
.
2-4-3: APPEALS TO CITY COUNCIL: A party may appeal a
decision of the Zoning Board of Adjustment when issues of
fact, procedure or other finding made by the Board are in dispute. Appeals
must be filed with the City within ten (10) days of the final decision of the
Board of Adjustment.
Building permits shall not be issued after an appeal has been filed with the
Planning Department. If permits have been issued before an appeal has
been filed, then the permits are suspended and construction and/or usage
shall cease until the City Council has made a final determination of the
appeal.
The City Council shall conduct a hearing within sixty (60) days after the
receipt by City staff of the appeal from an action by the Board of
Adjustment. As provided in subsection 10-8-6(0) of this Code, notice of the
hearing shall be mailed to property owners adjacent to the subject property
disregarding public rights of way. Any person may appear and testify at the
hearing either in person or by duly authorized agent or attorney.
A fee to be established by resolution of the City Council shall be paid by the
appellant at the time the notice of appeal is filed. (Ord. 097-393, 4-7-1997)
.
.
398
City of Farmington
1 0-8-5
1 0-8-6
.
Commission. The amount of the surety may be increased or
decreased by the City Administrator to reflect inflation, changed
conditions, or compliance with permit conditions. (Ord. 094-340,
11-21-1994)
1 0-8-6: VARIANCES: The Board of Adjustment shall have the power
to vary from the requirements of this Title, and to attach
conditions to the variance as it deems necessary to assure compliance with
the purpose of this Title. Any variances dealing with land in flood plains
shall comply with requirements listed in Chapter 10, Flood Plain
Management, of this Title. (Ord. 093-323, 12-6-1993)
(A) The following exhibits shall be required unless waived by the Zoning
Officer:
1. A boundary surveyor an area survey including the property in
question and three hundred feet (300') beyond showing: topography,
utilities, lot boundaries, buildings, easements and soil test data if
pertinent.
.
2. A site development plan showing buildings, parking, loading,
access, surface drainage, landscaping and utility service. (Ord.
086-177, 3-17-1986)
(B)
Procedure for obtaining a variance from the regulations of this Title
are as follows:
1. The property owner or agent shall file with the Zoning Officer an
application form together with required exhibits plus a filing fee in an
amount established annually by the City Council. (Ord. 086-177,
3-17-1986)
2. The Zoning Officer shall set a public hearing, transmit the
application directly to the Board of Adjustment and mail a notice to
property owners adjacent to the subject property disregarding public
rights of way. Failure of such owners to receive notice shall not
invalidate the proceedings. (Ord. 094-339, 11-21-1994)
3. The Board of Adjustment shall, within sixty (60) days of submittal
of all required exhibits, approve, deny or approve under conditions
accepted by the applicant.
(C) The Board of Adjustment may vary the regulations of this Title if all
of the following requirements are met:
.
398
City of Farmington
1 0-8-6
1 0-8-7
.
1. Literal enforcement of this Title would result in undue hardship
with respect to the property.
2. Such unnecessary hardship results because of circumstances
unique to 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.
4. The variance observes the spirit and intent of this Title, produces
substantial justice and is not contrary to the public interest.
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)
(0)
Upon appeal of a decision by the Board of Adjustment, the Zoning
Officer shall set a public hearing, transmit the application directly to
the City Council, and mail a notice to the Board of Adjustment and
property owners adjacent to the subject property disregarding public
rights of way. The City Council shall, within sixty (60) days of the
public hearing, decide to affirm or overturn the decision of the Board
of Adjustment with a four-fifths (4/5) vote of the City Council. (Ord.
097-393, 4-7-1997)
.
10-8-7: SPECIAL EXCEPTIONS: The Board of Adjustment may
authorize a permit to move structures into or within the City in
accordance with the criteria and provisions listed herein: (Ord. 086-177,
3-17-1986)
(A) Applications will be filed with the Zoning Officer who shall set a
public hearing, transmit the application directly to the Board of
Adjustment and mail a notice to property owners adjacent to the
subject property, disregarding public rights of way. Failure of such
owners to receive notice shall not invalidate the proceedings. The
application shall consist of:
1 . An application fee in an amount equal to that set by the City
Council.
2. Six (6) copies of a site plan and supporting data which show the
size, proposed location of the structure and topography of the site.
.
398
City of Farmington
.
.
.
COUNCIL MINUTES
REGULAR
June 1, 1998
1.
CALL TO ORDER
The meeting was called to order by Mayor Ristow at 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
Mayor Ristow led the audience and Council in the Pledge of Allegiance.
3. ROLL CALL
Members Present:
Members Absent:
Also Present:
Ristow, Cordes, Fitch, Gamer, Strachan
None
City Administrator Erar, Attorney Joel 1. Jamnik, City
Management Team
4. APPROVE A GENDA
· MOTION by Cordes, second by Strachan to approve the Agenda with the
following changes:
· Accept Supplemental Agenda requesting that the June 1, 1998 Agenda
be amended to add the following items:
)i> 9(a) "Award Middle Creek Sewer Construction Contract"
under AWARD OF CONTRACT; and
)i> 12(a) "Bond Sale - 1998 G.O. Sanitary Sewer Revenue Bonds"
under NEW BUSINESS.
· Pull "Council Minutes 5/14/98 (Special)" from CONSENT AGENDA,
as Councilmember Gamer was not in attendance.
VOTING FOR: Ristow, Cordes, Fitch, Strachan. ABSTAIN: Gamer. MOTION
CARRIED.
5.
ANNOUNCEMENTS - None.
.
.
.
Council Minutes (Regular)
June 1, 1998
Page 2
6. CITIZEN COMMENTS
a) Jack Benedict - Park Dedication and Plat Extension Request
Community Development Director Olson presented Mr. Benedict's request for
another GO-day plat recording extension for Cameron Woods. MOTION by
Gamer, second by Cordes to approve an extension for the recording of the final
plat for Cameron Woods until July 31, 1998, with the caveat that this is the last
extension that the City will consider granting. APIF, MOTION CARRIED.
7. CONSENT AGENDA
MOTION by Strachan, second by Fitch to approve the Consent Agenda as follows:
a)
b)
c)
d)
e)
Approved Council Minutes 5/18/98 (Regular) & 5/14/98 (Special)
Approved Beer License Application - Tom Thumb Corp. - Elm Street
Approved Mountain Dew Days Permits
Approved Frontier Site Purchase Agreement
Adopted RESOLUTION R54-98 Accepting Donations - VFW Club and
Eagles Club
Approved Change Order - Municipal Pool Project
Approved Capital Outlay - Fire Department
Approved Bills
f)
g)
h)
VOTING FOR: Ristow, Cordes, Fitch, Strachan. ABSTAIN: Gamer. MOTION
CARRIED.
8. PUBLIC HEARINGS
a) Conditional Use Permit - Charleswood Grading Approval
City Associate Planner, Michael Schultz, presented Genstar Land Company's
request for a conditional use permit for grading on the proposed first phase of the
Charleswood Development.
Mayor Ristow formally opened the Public Hearing at 7: 1 0 p.m.
Steve Juetten, Genstar Land Company, 11000 West 78th Street, Suit 201, Eden
Prairie, Minnesota 55344, was present in the audience and indicated that he
concurs with staffs June 1, 1998 Council memo and attachments.
it j
.
.
.
Council Minutes (Regular)
June 1, 1998
Page 3
MOTION by Gamer, second by Strachan to close the Public Hearing at 7:15 p.m.
APIF, MOTION CARRIED.
MOTION by Gamer, second by Cordes to approve the Genstar grading
conditional use permit subject to City Engineer approval and submittal of surety
amount.
b) Conditional Use Permit Appeal- South Suburban Medical Center
Community Development Director Olson summarized the matter of South
Suburban Medical Center's (SSMC) Appeal to Council requesting that the
proposed public sidewalk be moved from the north side of Elm Street to the south
side of the Elm Street.
Attorney Jamnik stressed the importance of documenting the specific reasons for
either affirming or overturning the decision of the Board of Adjustment (Planning
Commission).
Police Chief Siebenaler stated that, in his opinion, the sidewalk should not be
installed on the south side of Elm Street for safety reasons. He emphasized the
danger of placing a crosswalk mid-block on a road, especially when there will be
emergency vehicles traveling at high speeds to and from the hospital.
Councilmember Fitch questioned how this project came so far in the approval
process and yet now the issue of overturning the approved plans has come up. He
was further concerned about Council setting a precedent if they overturned this
decision.
Mark Nicolai, 213 8th Street, claimed the City did not contact him regarding the
~ Street extension and sidewalk. City Engineer Mann explained that the
former SSMC CEO specifically requested City staff to allow SSMC staff to
handle all communications with affected property owners. Mr. Erar also
indicated that this was a privately petitioned project, and therefore, the standard
method of notifying property owners was not required.
SSMC Director Dan Nicolai spoke on behalf of SSMC. He reiterated that the
hospital is bearing all costs associated with the sidewalk project. Mr. Nicolai also
stated that he has monitored the foot traffic on the north side of Elm Street and
concluded that there was little or no foot traffic on the north side of the street.
Council Minutes (Regular)
June 1, 1998
Page 4
.
1"
MOTION by Gamer, second by Strachan to close the Public Hearing at 8:42 p.m.
APIF, MOTION CARRIED.
Following is the position each Councilmember took on this matter:
Mayor Ristow stated that it made more sense to locate the sidewalk on the
south side of the street.
Councilmember Gamer stated that it was more logical for the sidewalk to be
installed on the south side of the street since more people cross the street on
the south side.
· Councilmember Strachan .stated that he feels the hospital is an important part
of the community, and since they're paying all costs associated with the
sidewalk, the sidewalk should be relocated to the south side of the street.
Councilmember Cordes changed her opinion from the last Council meeting
and now supports the relocation of the sidewalk to the south side of the street,
indicating that a sidewalk should also be installed on the north side of the
street once further development occurs.
Counci/member Fitch stated that, in his opinion, the sidewalk could be placed
on either side of the street.
.
It was acknowledged by all parties that the contractor for the street project would
not be able to complete the street and sidewalk work until the existing home
(currently owned by a private third-party) located on the south side of Elm Street
is removed, no later than July 1, 1998.
Attorney Jamnik confirmed that the terms and conditions of the Development
Contract would not be altered, with the exception of the location of the sidewalk.
MOTION by Gamer, second by Strachan to overturn the decision of the Board of
Adjustment (Planning Commission) with a 4/5 vote to install the sidewalk on the
south side of Elm Street, specifically:
The sidewalk will connect to the existing sidewalk on the
west side of 9th Street at Oak Street and run north and
westerly along the west and south side of Elm Street to the
frontage road at T.R. 3. At the frontage road, a pedestrian
ramp will be installed. Across the frontage road at the
"island area" a pedestrian ramp will be installed and the
sidewalk will be continued through the "island area" to
T.H. 3 where a pedestrian ramp will be installed to
facilitate the crossing ofT.H. 3.
.
APIF, MOTION CARRIED.
II J
.
.
.
?
Cooperative Housing means co-operative or joint operation of a housing development by
those who live in it. The not-for-profit cooperative corporation's "Articles of
Incorporation" and "By-laws" are specially designed so the cooperative corporation will
be owned and operated by its members.
Financing of Cooperatives is provided by members equity (through their Share
purchases), along with a HUD insured 40 year blanket mortgage or conventional
mortgage for the project. Cooperative members are in effect their own landlord, thereby
enabling the cooperative to be built and operated at an affordable cost. Because of the
requirements of the mortgage program, each project must conform to quality, approval
and operational standards established by HUD.
A cooperative is a unique form of home ownership in that the corporation holds title to
the dwelling units and directly assumes the mortgage, tax, and other obligations
necessary to finance and operate the development. This relieves the members of any
direct liability for those items.
Members support the cooperative through their occupancy agreements, which eliminates
the necessity for each member to be an individual mortgagee under a HUD insured
mortgage or conventional mortgage contract.
The cooperative approach to housing has been successful largely because it provides a
housing alternative for living which is very much like continuing home ownership. In
cooperative ownership, pride is instilled within its members, which results in a deeper
interest in maintaining the property and participating in shared government.
A cooperative is managed and operated on a democratic basis. Each shareholder gets
one vote in electing the cooperative's Board of Directors who will control and direct the
operations of the cooperative.
The first senior cooperative housing project in the state was "7500 York" in Edina.
Occupancy of "7500 York" was in Oct 1978, an built by Richard Hanson of REALI FE,
Inc. a developer of affordable senior housing. Sixteen years later, Mr. Hanson will tell
you that many of the original residents still reside at 7500 York in Edina, with a waiting
list of 750 people for occupancy. Since the original cooperative, REALIFE, Inc. has
completed cooperatives in New DIm, Owatonna, Mankato, Waseca, St. Peter, Rochester,
Faribault, LeSueur, Denison, lA, Columbus NE, Frankfort MI, and two cooperatives in
.
Burnsville. REALIFE, Inc. plans are approved for Cooperatives in Mounds View, Eden
Prairie, Brooklyn Park and Bloomington. Competitors for REALIFE, Inc. have entered
the market with Gramercy Corp. completing a cooperative in Rochester, Inver Grove
Heights and plan for one in Richfield.
Cooperative housing residents normally occupy their apartments longer than renters;
therefore, members become better acquainted with their neighbors, and learn to work
together for the general good of the people and the building. This working together
makes for a better understanding and an active, viable community.
ADVANTAGES OF MEMBERSHIP
Purchase of a share in the cooperative entitles the shareholder to a membership certificate
in the corporation. This membership certificate entitles the shareholder
the exclusive right to occupy a dwelling unit and to participate in the operation of the
. corporation, directly as an elected board member or indirectly as a voter.
Shareholders (members) pay their portion of an operation budget which is adopted
annually by the Board of Directors in monthly charges. A cooperative is operated on a
not-for-profit basis; thus, any increase in the monthly housing cost are limited to actual
increase in operating costs. Members are entitled to deduct the proportionate amount of
the real estate taxes and mortgage interest paid by the corporation on their personal
income tax statements.
If a Shareholder decides to leave the cooperative, the membership certificate can be sold
in accordance with a transfer value and rules set forth in the By-laws. The original share
purchase price, plus any equity accrued, is returned to the member (or member's estate in
the event of death) upon resale of the share. Generally, cooperative ownership allows for
easy and inexpensive transfer, investment return, and considerable tax benefits.
.
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Minn<Jota R<al blau}ournal
Page II
lan-
lent
~or-
Square - were crealed as spinoffs of the
original by former Ebenezer employees,
Conlin also was formerly wilh Ebenezer.
Co-ops take to Ihe countryside
Rural Minnesola towns have not
remained immune 10 the co-op craze, The
concept makes perfect sense 10 communi,
tics thaI have participated in agricultural
co-ops for decades.
Inver Grove Heights'based Homestead
Housing Center enlisled the backing of
such cooperative companies as Agri'Bank,
Cenex, Land'o-Lakes, United Power, MSI
Insurance and Farmway 10 bring senior
housing co-ops to rural Minnesola lowns,
conslructing the firsl in Sl. James in 1993.
Homestead, which focuses mainly on
scniors' Iransition from lifelime homes 10
relirement housing,
"Sometimes it is hard for (seniors) 10
leave the farm. 10 leave where Ihey raised
their kids," says Homesteads' Vice Pres;,
dent Debbie Zarbok, "The co'ops enable
people 10 get oul and have a sense of com'
munity, to socialize:'
Homestead also offers seniors the bene,
lit of full c<luily, The developer sells ils
units up fronl .It market ralc before (.:on-
slruction begins, c1imim,ling the master
mortgage that limited equity co'ops use,
Development is financed by Ibe co,op
sponsors and projects arc small. typically
consisting of 12 to 24 units, Unils arc
resold at markel value, ...
ere,
lCW
Minnesota's southwe.llijtern corner. dis(.'(lV-
ered such high demand for its develop,
ments that the Cllmp'IIIY expandcd its oper,
alions 10 Iowa. Wisl'llllsin, Missouri,
Kansas and is planning projects for North
Dakota,
Rural Midwestern communilies have
seen fillle residential growth in Ihe past 20
years, To keep fulure generalions from
neeing, thc economically stagnant towus
needed affordable single,f'1Il1ily housing
for young people,
"The elders needed to move out (of their
homes)," says Cooper, Levy, "Bul (the
communit,~es) also needed Ihem to slay in
the lowns,
Co'ops make that possiblc by casing
Illo
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;hip
are
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the
hip.
are
lOr-
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tau-
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as
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rket
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age,
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I by
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;ing
gan
ons
.eg-
vel,
Look closely and yoo'lI see how the Spancrele syslem
makes Ihis a better parking structure. Developers world,
wide are discovering the short and long term advantages
of incorporating precast concrete plank. panels. beams
and columns to create safer. stronger and better-designed
commercial aild residential structures,
The Spancrete system is moeh more than jusl the sum
of its parts, At Span crete Midwest Co,. we're a leam of
experienced professionals providing expert engineering.
firm budgets and schedules. production efficiency.
craftsmanship and year,round, all,weather erection, We
become your partner for building success - working with
you from start to finish to ensure the results you expect.
Call us and one of our sales consultants will show
you why working with Spancrele Midwest Co, means
better building.
Ihe
vise
dle-
era-
~ing
Was
s so
~ on
10-
that
IOp-
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leli,
cise
sion
will
\ger
ling
'ops
SRII"crete
Millwest eO.
A Reputation You Can Build On
Ik at
era-
'sto
g 6"
Cal,
,mis
Architectural and Structural Precast Concrete
Maple Grove. Minnesota. 612,425,5555. FAX 612,425,1277
October 20, 1997
Minnesota Real Estatflournal
Cooperatives
from page 1
.hts in August, and is in the final plan,
slages for a 225,unit redevelopment
chfield lhal includes a Veterans of For,
e.gn Affairs club,
And Conlin doesn't intend to stop there,
"We would like to do two to three (new
projects) a year," he says,
Conlin likens the cooperative concept to
buying into a large corporation, Instead of
owning shares, residents own membership
rights in the property,
The idea is attractive to seniors who are
ready to give up the headaches of home
maintenance, but unwilling to abandon the
security and control of property ownership,
Since most new co-op developments are
strategically located in aging neighbor-
hoods, new residents still can enjoy patron,
izing familiar churches, shops and restau,
rants, and stay close to friends and family,
In limited equity co,ops such as
Gramercy's, residents purchase a one, or
two,bedroom unit at well under market
value - prices range from $16,000 to
$35,000 - and agree to pay a monlhly
maintenance fee covering the operating
costs of the property, When a unit is sold.
the owner receives the purchase amount
plus I percent of the unit's value for each
year of ownership,
"We want to keep the costlow so we can
build up the waiting lisl;' Conlin says,
Waiting lists often are lengthy, but nec-
essary to keep property values consistent
and to assure residents a quick and easy
sale.
"Co'ops are designed so you can get in
easily and get out easily," Conlin adds,
In limited equity co,ops. the property is
financed under one master mortgage,
backed by the Federal Housing Adminis,
.ion. The interest on the loan is tax
uctible for all resident"
The property is managed collectively by
lhe resident owners, usually headed by a
group of elected board members,
The birth or a trend
The concept of the limited equity coop-
erative was launched 20 years ago in Edina
by Ebenezer Social Minislries, a non'prof,
it group affiliated with the Lutheran
Church, With a long history of nursing
home and low, income senior housing
management, the organization began
searching for alternative housing options
in the late I 970s, when the Minnesota Leg'
islalure capped new nursing home devel,
opment,
The group received funding from the
estate of a concerned parishioner 10 devise
an a!tractive housing option for middle,
class seniors,
After extensive research and coopera'
tion from the U,S, Department of Housing
and Urban Development. 7500 York was
born,
The nine,story, 3311,unit complex is so
popular that 750 people currently are on
the waiting list. anticipating an average 10,
year wait to move in.
"7500 York was significant enough Ihat
it made me sit up and take notice," Coop,
er,Levy says,
The community includes a full,service
restaurant, beauty salon, Byerly's deli,
Fairview in-home care office, exercise
facilities, library and an in, house television
station,
"This was a unique experiment that will
not be reproduced,"says property manager
and Ebenezer employ,,,, Jeff Lanto, adding
that lhe average size of most current co,ops
is 1I0 to \ 20 unils,
. II is nol surprising that a closer look at
ig names in Twin Cities senior coopera'
rive developmcnllums up numerous ties to
7500 York, Five memhers of the "nig 0"
n,..-L-,'IWIW\O:) (~idcon POlld. Ca1-
Square - were created as spinoffs of the
original by former Ebenezer employees,
Conlin also was formerly with Ebenezer,
Co-ops take to the countryside
Rural Minnesola towns have not
remained immune to the co,op craze, The
concept makes perfect sense to communi,
ties thaI have participated in agricultural
co'ops for decades.
Inver Grove Heights-based Homestead
Housing Center enlisted the backing of
such cooperative companies as Agri,Bank.
Cenex, Land-o,Lakes, United Power. MS1
Insurance and Fannway 10 bring senior
housing co'ops to rural Minnesota towns,
construCting Ihe first in St, James in 1993,
Homestead. which focuses mainly on
Minnesota's southwestern comer, discov,
ered such high demand for its develop'
ments that the company expanded its oper,
ations to Iowa, Wisconsin, Missouri,
Kansas and is planning projects for North
Dakota.
Rural Midwestern communities have
seen little residential growth in the past 20
years, To keep future generations from
fleeing, lhe economically stagnant towns
needed affordable single, family housing
for young people,
"The elders needed to mOve out (of their
homes)," says Cooper,Levy, "But (the
communities) also needed them to stay in
the towns,"
Co'ops make that possible by easing
senior
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