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HomeMy WebLinkAbout06.24.97 Special Planning Packet . . . .' . AGENDA PLANNING COMMISSION Special June 24, 1997 1. CALL TO ORDER 2. PUBLIC HEARINGS a) 7:00 PM - Variance for Illuminated Sign in an R-2 District - The Dental Health Center - 916 Eighth Street - Dr. Falkowski b) 7: 15 PM - Overlay Zone Amendment c) Continued - Troyhill 4th Addition Preliminary and Final Plat 3. DISCUSSION a) Glenview Townhomes - Tim Giles Development p~flej/ ~-ADiU~e/VJ ~ " . AGENDA PLANNING COMMISSION Special June 24, 1997 1. CALL TO ORDER 2. PUBLIC HEARINGS a) 7:00 PM- Variance for Illuminated Sign in an R-2 District - The Dental Health Center - 916 Eighth Street - Dr. Falkowski Dr. Falkowski of the Dental Health Center is seeking a variance to allow an illuminated sign in an R-2 zoning district. The Dental Health Center is located on the comer of Eighth Street and Hickory. Residential homes reside 45 feet to the north and 140 feet to the south of the sign. . The City Code does not allow an illuminated sign within a residential district. The sign will be located in the same location as the existing 4' x 6' wood sign which was granted a size variance on January 9, 1990. The proposed sign consists of two 4' x 6' panels on both sides mounted with poles. The sign will be illuminated from within with fluorescent lighting. The sign will stand 7 feet 4 inches in height. The existing sign rests on two wooden poles approximately two feet in height from the ground. The background colors to the proposed sign include light blue and green with a light gray panel in the center of the sign, Green posts will provide a foundation for the sign. b) 7:15 PM- Overlay Zone Amendment . The HRA and the Planning Commission have recently reviewed the expansion of the existing Farmington Industrial Park area to include Phase III and IV ofthe current park comprising 234.5 acres and 223 acres directly south of the Industrial Park. Highway 50 splits the proposed area while Akin Road bounds the area on the east and the future expansion of Pilot Knob Road bounds the property on the west. These areas are currently zoned 1-1 and are respectively named Overlay Zone #1 and #2. The attached map shows the location of these areas. The overlay zones will reside over the current 1-1 zoning and provide for stricter development controls than are currently required in the zone. The overlay zones will control the proposed architectural, aesthetic and development requirements for any project constructed within this location. The overlay zone is applied to a specific area and changes the zoning rules for that area to reflect some special attributes of that area. The overlay zone acts much like the covenant requirements instituted in Phase I and II of the existing Industrial Park, however, the overlay zone 'I allows for controls in a larger area and adjustments to the original covenant controls provides increased requirements to the proposed overlay zones. . Northern Natural Gas has requested exemption from the overlay zone requirements because of their commitment to their existing property located in the southeast comer of overlay zone # 1. Gas line easements are located throughout the property and any chance for relocating their site would be difficult and impractical. The HRA and the Planning Commission approved the exemption request on May 21, 1997. Architectural, aesthetic and development controls proposed in overlay zone #1 and #2 include the following: . The overlay zones would allow research facilities, light manufacturing, warehousing and distribution centers, however, overlay zone #2 would only allow mini-storage and recycling facilities. . Building materials for exterior walls require brick, stone, concrete masonry block or concrete to observe architectural controls in the overlay zone. . Roof mounted equipment shall be setback from the edge of the building and screened with parapet walls and painted earth-tone colors to reduce their amount of visibility. . Loading docks are to be designed to incorporate the overall theme of the building and shall be landscaped and screened as much as possible. The docks shall not be constructed facing Highway 50 and Highway 31. . Trash containers shall be enclosed with a trash lid and screened by a six foot masonry . wall on three sides of the trash unit. . Lot coverage shall not exceed 65% and buildings shall be setback 50 feet in the front yard, and 25 feet in the side and rear yards. . All parking lots, driveways and loading docks shall be constructed with asphalt or concrete and concrete curbs are required when parking lots or driveways are located in front of the principal building. Parking lots are to be screened with landscaping and are not permitted within 35 feet of the front property line or 10 feet from the side or rear yards. . Landscaping shall incorporate street trees, perimeter parking lot requirements and buffer areas. Any fencing shall comply with Section 10-6-15 of the City Code. . Outside storage is required to be approved by the City and shall be screed with a six to eight foot high opaque wood fence and landscaping; or landscaping and berms; or a combination of both to fully screen the outdoor storage. . Signage shall comply with the City Code requirements, however, no pole signs or advertising billboards are allowed within the overlay zone. . Property owners are required to maintain their properties by removing trash and litter, providing healthy and aesthetically pleasing vegetation, maintaining exterior lighting, parking areas driveways and promptly repairing any exterior damage to buildings. . Variances may be applied for from these regulations. e / . . Any property within the overlay zone which is intended to be rezoned to a use other than industrial, upon approval by the City Council, shall not be required to adhere to these provisions. The overlay zone standards will be located in Title 10, Chapter 6 within the General Regulations section of the City Code and will be reflected in the Comprehensive Plan and the Zoning Map. Recommendation Approve the the amendment of Title 10, Chapter 6 by adding Section 22 - Overlay Zones in Light Industrial Districts and amending 10-1-4 - Definitions and forward the amendment to the City Council. c) Continued - Troyhil/4th Addition Preliminary and Final Plat Troyhill4th Addition consists of 40 single-family lots and the overall area for the plat consists of 15.25 acres. This project is a continuation of the PUD filed in 1996. The lot sizes range from 10,454 to 20,797 square feet and lot widths starting at 80 feet. Dakota County has requested that the street name for 191st be changed to comply with their recommendations. . City Staff and the developer met on Thursday, June 19, to discuss engineering issues that surfaced during the review of the project. From this meeting, all engineering issues have been addressed and will be shown in a revised set of plans and have been agreed to by staff and the developer. Comments by the Planning Commission at the May 27th meeting included the following and each issue will be addressed separately: . . Concernfor irregular shaped lot in Block 3 Lot 6. Staff has reviewed the configuration of the PUD for the Troyhill project and has established that the lot was designed as such when the PUD was approved by the Planning Commission and the City Council in 1996. Therefore, staff is recommen~Kt1!at the lot remain as approved, however, the developer has been informe<fYhafionditions will be placed on the lot when constructed to ensure that the garage and driveway will be located for access on 191st and not the connecting street soon to be named Everglade Path. The connecting street was originally approved in the PUD as well and is intended to connect to a neighborhood park proposed by the Park and Recreation Department to the west of Troyhill 4th Addition when a development is proposed and MUSA is extended to that location. . Require developer to develop 190th Street to the west end ofTroyhil/4th Addition. Staff has reviewed this issue with the developer and has determined that a discussion \ \ with the City Council occurred on March 18, 1996 which states that during the construction of Troyhill 2nd Addition, the developer was required to develop 190th Street from the western edge of Fair Hills Subdivision to Everest Path (see attached City Council minutes). This cost would be shared by Nelson Hills Subdivision to the north. Troyhill2nd Addition developer's agreement reflects this requirement as well (see Resolution R47-96). Further discussion concerning the development of 190th Street is included in the staff report to the City Council by Charlie Tooker stating the construction requirements for the roadway and providing information concerning the road to the west of Everest Path. Staff recommends that the development to the west of Troyhill 4th Addition be responsible for the connection of 1 90th Street at Everest Path. . Ensure that a reasonable effort is being made by the developer to complete development agreement requirements for Troyhilll st, 2nd and 3rd Additions. The developer stated that all of the requirements have been met in the 1 st Addition and is waiting for the return of his letter of credit. The bike trail located in the 2nd Addition has recently been paved and should be finalized shortly. Landscaping and further grading to the berm along 190th Street needs to be completed and the developer will address this issue immediately. . The preliminary and final plat fees have been paid, only final Engineering review of the revised plans remains to be accomplished. Recommendation . Approve the Troyhill 4th Addition Preliminary and Final Plat and forward to the City Council contingent upon Engineering approval. 3. DISCUSSION a) Glenview Townhomes - Tim Giles Development Glenview Townhomes is proposed to be located to the east of Trunk Highway 3, directly south ofWausau Supply Company and is currently located within Empire Township. Residential uses are located to the south and east of the proposed site, while industrial uses are located to the north and west. The city limits of Farmington bound the property on the north, south and west sides of the site. The developer has petitioned the City of Farmington for annexation into the city and plans to rezone the property to R-3 in order to construct a number of one-level townhomes on the site. MUSA expansion, along with annexation and rezoning of the property is intended for completion before the end of 1997 in order to begin construction of the first phase of the development. The site consists of 12.2 acres and a gas company currently resides on the property at the northwest comer. The remaining site consists of an open field interspersed with . I . clumpings of deciduous and evergreen trees. The site is relatively flat and drains to the north. Existing sanitary sewer and a watermain is located along the eastern property line running north and south from 213th Street. An existing stormwater retention pond is located off the property to the northeast. . The development proposes one-level townhomes and the developer envisions senior citizen type living bec use of the close location to South Suburban Medical Center. At the time of this staffrep rt, changes were being made to the density allowed in an R-3 zone, and information c erning the amount of units will be discussed at the Planning Commission meetin . The .te will be accessible from the frontage road of Trunk Highway 3. All proposed str ts within the development will be private and maintained by a homeowner's association. he road access from 213th Street is proposed to be public and will serve this develo ent as well as future development to the east. A commercial area is proposed for t southwest comer of the site to service the proposed development. The development is oposed to be constructed in two phases.) 4. ADJOURN . . 11'\ \ l;lfD \~e~ . . . CITY OF FARMINGTON Variance Procedure The Board of Adjustment (Planning Commission) has the power to vary from the requirements of the Zoning Code, and to attach conditions to a variance it deems necessary to assure compliance with the purpose of the Code. Variances dealing with land in flood plains shall comply with requirements listed in the local Flood Plain Management section of the Code. Procedure for obtaining a variance: 1. The property owner or agent shall file with the City Planner an application form together with required exhibits plus a filing fee in an amount established annually by the City Council. The exhibits to be required unless waived by the City Planner should include: A) 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. B) A site development plan showing buildings, parking, loading, access, surface drainage, landscaping and utility service. 2. The City Planner 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. Failure of such owners to receive notice shall not invalidate the proceedings. 3. The Board of Adjustment shall approve, deny or approve under conditions accepted by the applicant within sixty (60) days of submittal of all required exhibits. The Board of Adjustment may vary the regulations of this Title if all of the following requirements are met: A) Literal enforcement of the ordinance would result in undue hardship with respect to the property. B) Such unnecessary hardship results because of circumstances unique to the property. C) The hardship is caused by provisions of the ordinance and is not the result of actions of persons presently having an interest in the property. D) The variance observes the spirit and intent of the ordinance, produces substantial justice and is not contrary to the public interest. E) 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. P-9/26/96 . fI- " I) ~- \'1 ,~ ....., ,~' I ( I,i \ () j!,\ 7"' -, T) l- t ~l \,' :L j " ~ .- if. ... ) cL -7 '7 ~ <\ ::.;- .". 0' ./ Ii:: .J -, .~ ,1 -1 ~~, t~ '1 ./ . 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PRO P 0 SED CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE An Ordinance Amending Title 10, Chapter 6 - General Regulations - by Adding Section 22 - Overlay Zones in Light Industrial Districts; and Amending 10-1-4 - Definitions THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION I: Title 10, Chapter 6, shall be amended by adding Section 22 - Overlay Zones in Light Industrial Districts. 10-6-22: OVERLAY ZONES: The purpose of Overlay Zones is to provide standards and guidelines for the architectural, aesthetic and development controls within a zoning district which are more restrictive than those required by code within that district. A. PERMITTED USES: All building sites within the affected property shall be used, subject to City Zoning Ordinances, solely for research, light industrial, light manufacturing, warehousing, distribution center, recycling facility, and mini storage facility. B. APPROVAL OF PLANS: Prior to construction or alteration of any building or other structure, two complete sets of building and landscaping plans shall be submitted to the Building Inspections Division for approval. No building, structure, or other improvement shall be constructed, altered or placed upon the affected property until the location, design, plans and specifications for such (including landscaping) have been approved by the City. If the City fails to approve or deny plans submitted to it within 90 days of receipt, it shall be presumed that such plans, as submitted, are approved. C. BUILDING MATERIAL AND DESIGN: 1. EXTERIOR WALLS: of one or more of the City: Exterior Walls of buildings to be constructed shall consist the following materials and shall receive prior approval of a) Brick: size, type, texture, color and placement shall be approved. b) Stone shall have a weathered face or shall be polished, fluted or broken face. c) Concrete Masonry Block shall be those generally described as "Customized Architectural Concrete Masonry Units" or shall be broken faced brick-type units with marble aggregate. All concrete masonry units shall be coated with a City approved coating. There shall be no exposed concrete block on the exterior of any building unless approved by the City. d) Concrete may be poured in place, tilt-up or precast and shall be finished in stone, textured or coated, with a minimum life e~pectancy of 10 years. 1 . 2. ALTERNATE MATERIALS: Alternate exterior surface materials of preengineered metal may be substituted in up to 6% of the exterior wall surface area of each building if the following conditions apply: a) Used for housing or screening equipment necessary to the manufacturing operations. b) Architecturally compatible with the building as a whole as determined by the City Planning Division. c) Compliance with any additional screening and/or landscaping requirements of the City. d) Modifications shall be made with prior written approval of the City Planning Division. 3) ALTERATIONS TO BUILDINGS: Any alterations to buildings shall meet all requirements of these standards and the City Code. 4) CANOPIES: No canopies with visible wall hangers shall be permitted. Design of canopies shall be in keeping with the design of the building and shall be approved by the City prior to construction or alteration. . 5) ROOF MOUNTED EQUIPMENT: All rooftop equipment shall be set back from the edge of the roof a minimum of twenty feet (20') and shall be screened. Screening shall consist of either a parapet wall along the roof edge or an opaque screen constructed of the same material as the building's primary vertical exposed exterior finish. Equipment shall be painted a neutral earth-tone color. The site plan shall indicate all mechanical rooftop equipment and shall include elevations. 6) LOADING DOCKS: Loading docks shall not be permitted along the street side of a building. The design of the loading docks shall be incorporated into the overall design theme of the building and constructed of materials equal to or the same as the principal building. This area shall be landscaped and/or screened so that the visual and acoustic impacts of its function is fully contained and out of view of adjacent properties and public streets. The architectural design shall be continuous and uninterrupted by ladders, towers, fences, and equipment. Businesses which abut County Highway SO and/or County Highway 3~ shall not construct loading docks which front these roadways. 7) TRASH CONTAINERS: Trash containers or trash compactors shall not be located within twenty feet of any street, sidewalk or internal pedestrian way and shall be screened by a six foot masonry wall on three sides of the trash unit. 8) COVERAGE: Unless otherwise approved by the City, the ratio of building square footage and parking area shall not exceed 65% of the total square footage of any building site within the affected property. . D. UTILITIES: All buildings and structures shall be served by underground utility distribution facilities. The installation of such utilities shall not change the grade or contour of the City approved grading plan for the site. E. BUILDING SETBACKS: No building or other structure shall be erected within fifty feet (SO') of the front property line; or twenty five feet (25') of the 2 side and rear property lines. If two or more lots are developed as one site, the interior common lot line shall be ignored. . F. PARK:ING AREAS 1) SURFACING: Prior to issuance of a Certificate of Occupancy, all parking areas, driveways and loading areas shall be surfaced with asphalt or concrete pavement following the City's Engineering Standard Plates. In the event said surfacing cannot be completed due to weather or seasonal restrictions, a Temporary Certificate of Occupancy may be issued contingent upon the extension of the security or letter of credit required under 10-6-8 (5) of this code. All parking areas, driveways and loading areas shall be curbed with concrete. 2) OFF STREET PARKING SPACES REQUIRED: Off street parking shall be provided to serve each site. The minimum number of parking spaces shall be the greater of: a. a. One space for every 600 sq. ft. of Industrial Space; and b. One space for every 200 sq. ft. of office space; and c. One space for each 2000 sq. ft. of storage area or b. One space per projected employee per shift . 3) SCREENING: All parking areas shall be screened as required in Section 10-6- 22 (G)- Landscaping. 4) LOCATION: Parking will not be permitted within thirty five feet (35') of the front property line (those facing any dedicated street), or within ten feet (10') of any side or rear property line unless otherwise approved by the City. G. LANDSCAP:ING: All open spaces shall be dustproofed, surfaced, landscaped, rockscaped or devoted to lawns. Not less than two-thirds of the required building setback area from any dedicated street shall be landscaped with lawns, trees, shrubs and walkways of a design approved by the City Planning Division. Landscaping shall be installed within 90 days of occupancy or substantial completion of building, whichever occurs first, weather permitting. The following landscape standards shall apply to all proposed projects within the Overlay Zones: a) Street Trees - Street trees shall be planted at one (1) canopy tree per forty feet (40') of street frontage. b) Perimeter Parking Lots - One (1) tree and three (3) shrubs per forty feet (40') of parking lot perimeter frontage. Plants are to be installed within ten feet (10') of the parking lot frontage area. . c) Interior Parking Lots - One (1) planting island per twenty parking spaces. One (1) tree and three (3) shrubs are required within each planting island. The planting island shall be curbed with concrete. 3 . d) Buffer Area - When the industrial district is adjacent to a residential district, a twenty-five foot (25') buffer is required and shall include a six foot high wooden fence and landscaping to screen the adjacent property. H. SCREENING: 1) STORAGE AREAS: Without prior approval of the City, no outside storage areas shall be allowed nor shall any articles, goods, materials, incinerators, storage tanks, refuse containers or like equipment be kept in the open or exposed to public view or view from adjacent buildings. If outside storage is given City approval, all materials and/or containers and equipment, shall be screened from view. Required screening shall include: 1) a six to eight foot high opaque wooden fence and landscaping; 2) landscaping and berms; or 3) a combination of both to fully screen the outdoor storage. 2) STRUCTURE: No accessory structures (including but not limited to water towers, storage tanks, processing equipment, cooling towers) or outside equipment shall be constructed, erected or placed on the affected property without prior approval of the City. If such approval is granted, such structures shall be screened from public view and the view of adjacent buildings in a manner approved by the City planning Division. . I. SIGNS: All signs shall be of a design and material approved by the City Planning Division. Unless otherwise approved, all signs must be attached to the building, and be parallel to and contiguous with its walls and not projecting above its roof line. No sign of a flashing or moving character shall be installed and no sign shall be painted on any building wall. Pole signs will not be allowed. Advertising billboards are not allowed within the overlay zone. (General guidelines for signage - available through the City Planner. ) J. MAINTENANCE: 1. Owners and occupants of any or all of a site have the duty and responsibility, at their sole cost and expense, to keep the site, including buildings, improvements and grounds, in a well maintained, safe, clean and attractive condition. Such maintenance includes but is not limited to the following: a) Prompt removal of all litter, trash, refuse and wastes. b) Provide such care as required to maintain all vegetation in a healthy and aesthetically pleasing appearance. c) Maintain exterior lighting and mechanical facilities in good working order. d) Maintain parking areas, driveways and roads in good repair. e) Prompt repair of any exterior damage to any buildings and improvements. . 2. The Community Development Director is hereby authorized and empowered to notify, in writing, the owner of any such lot, place or area within the Overlay Zone, or the agent of such owner, of any failure to maintain said property in the manner prescribed above. Such notice shall be by registered mail, addressed to said owner, at his/her last known address. Upon the failure, neglect or refusal of any owner or agent so notified to correct such condition within ten (10) days after receipt of the written notice, the community Development Director is hereby authorized and empowered to provide for and pay for the necessary repair or maintenance. The actual cost of such repair or maintenance shall be billed to the owner of said property. Failure to pay for such costs within thirty (30) days after receipt of the billing statement shall be a debt against the property and shall be assessed to such 4 . . . I i property's tax parcel number on the next regular tax bill forwarded to t~e owner of said property, including interest at the maximum rate allowed bt law, not to exceed 12% and shall be due and payable by said owner at the time of payment of such tax bill. ! I K. VARIANCE TO STANDARDS: A proposed developer may apply for a variance o~ these regulations and will be provided a publici hearing before the Board of Adjustment in accordance with the variance I procedures in Sec. 10-8-6 of the City Code. L. REZONING: Any property within the overlay zone boundaries which to a use other than industrial, upon approval of City shall not be required to adhere to the following provisions. ! I is rez~ned councit, ! , M. DESIGNATED OVERLAY ZONES AND PERMITTED USES: Overlay Zone 1: LEGAL DESCRIPTION The S 1/4 of Section 25 and the N 1/2 of the NE 1/4 of Section 36, including the 207' x 125' parcel in the SW corner of the N 1/2 of the NE 1/4 of Section 36 TWP 114, R20, Dakota County, Minnesota Permitted Uses Research Light Industrial Light Manufacturing Warehousing Distribution Centers Overlay Zone 2: LEGAL DESCRIPTION The S 1/4 of the N 1/2 of Section 36 and also all of the N 1/2 of the SW 1/4 of Section 36, TWP 114, R20, Dakota County, Minnesota Permitted Uses Research Light Industrial Light Manufacturing Mini Storage Facilities Warehousing Distribution Centers Recycling Centers SECTION II: Title 10, Chapter 1, Section 4 - Definitions - be amended by adding {underlined} as follows: ! s~all I ! Between Density and Drive-In Establishment: I I ! the distributi~n of excludin<] reta~l I I I I DISTRIBUTION CENTER: Any establishment which provides for goods or tangible personal property. sales. 5 . . . Between Regulatory Flood Protection Elevation and Residential Care Facility: RESEARCH FACILITY: Any establishment where research and development related to activities such as the manufacturing or production of tangible personal property. includin~ medical. technical and scientific research. SECT~ON ~~~: After adoption, signing and attestation, this ordinance shall be published in the official newspaper of the City and shall be in effect on and after the day following such publication. Enacted and ordained the day of , 1997. 6 . ~ .~ ~ ~~ ca ~ I · i:: CJ ~ ~ i I[ ~i LLJJ I I ~ I , ~ ~ ~bd t=Jt=J ~~ 8~ II m~ I "f(' Iqri I~~CII-LI_J: I ~~,~ ~ I I l-Tj~!l~ I ~ i /ii', r-I · ,..,.,,)/1 ~j;:/ I I f - - J I ,t!~ I! i~' L--ii I ~'-jl (, I II J~ P>,u",V/J<HVS;) /- I r -, I--J '- .. ~.1 i 'f IS: .~ u ~ s 1 (; z+ ~ ~ ~ OJ ~ ~ ..... I I I i III I I ] I I [, I I I I 0 I I III I I I . I-I I II I I I \ I I I ! I i I, I I I \ II Ip I I ] I I j I I ~ I \ i Ii 81 I ! I 1\' I I ! ..... I I U1 . . Council Minutes - 3/18/96 - Page 3 . on privately owned property. Member Galler stated he felt it would be prudent to wait until after the new test results were known before completing the terms of the associated easement agreement. MOTION by Galler, second by Kuchera to approve the additional subsurface investigation in the Southeast Area Storm Sewer area. VOTING FOR: Kuchera, Galler, Fitch, Gamer. ABSTAIN: Ristow. MOTION CARRIED. It was the consensus of the Council to return the matter of completing the conditions of the easement agreement until the April 1st meeting. . 9. Mighty Ducks Grant Member Gamer questioned where the funding for the City's matching portion of the grant would be found. Parks and Recreation Director Bell answered that it was anticipated the funds would be from the Park Improvement Fund. He also pointed out that the Council had the option of whether or not to accept the grant if it were awarded. The monies would be used for team rooms at the arena to meet the requirements of the addition of female teams. Member Fitch noted that the City had until the end of 1998 to use the grant funds and the matching portion could be included in City budgets for the next two years. MOTION by Gamer, second by Kuchera to adopt RESOLOTZON NO. R33-96 approving the application for Mighty Ducks Grant funds. APIF, MOTION CARRIED. 10. Request to Rezone Lot 5, Block 21, Original Town of Farmington . City Planner Tooker explained the nature of the request to rezone the property located at 404 Oak Street from B-2 General Business to R-2 Medium Density Residential. The property had been zoned B-2 when the Comprehensive plan was adopted more than twenty years ago based upon the commercial use of the property across the street. The owners wished to rezone since no commercial activity had taken place since that time and they could not sell their home because of the business zoning. Several members of the Council felt that, since the City had initiated the zoning of the property to B-2, the owners should not be charged for rezoning. MOTION by Gamer, second by Kuchera to adopt ORDINANCE NO. 096-372 rezoning Lot 5, Block 21, Original Town of Farmington from B-2 General Business to R-2 Medium Density Residential and that the owners be reimbursed for costs associated with the rezoning process. Member Galler expressed his concern regarding setting a precedent regarding the reimbursement of established City fees. He stated he agreed with the proposed rezoning, however, felt the issue of reimbursement of fees should be discussed at a future meeting. City Administrator Erar expressed similar concerns and requested that the reimbursement be tabled until the issue could be researched. A member of the audience stated that, as a taxpayer, he felt the fees should not be reimbursed. MOTION by Galler, second by Gamer to amend the original motion by separating the two issues for voting. APZF, MOTION CARRIED. MOTION by Gamer, second by Kuchera to adopt ORDINANCS NO. 096-372 rezoning Lot 5, Block 21, Original Town of Farmington from B-2 General Business to R-2 Medium Density Residential. APIF, MOTZON CARRZED. MOTION by Gamer, second by Kuchera to reimburse the fees associated with the rezoning request. VOTING FOR: Kuchera, Fitch, Ristow, Gamer. AGAZNST: Galler. MOTZON CARRZED. 11. TroyHill 2nd Addition . City Planner Tooker presented an overview of the TroyHil1 2nd Addition plat. The Council was being asked to approve the preliminary plat, authorize the signing of the final plat, and authorize staff to prepare a development agreement. He stated that the concerns of the City Engineer had been addressed by the Developer and that the Planning Commission had recommended approval of the plat. Craig Schlawin was present in the audience and asked what the plans were for 190th Street (adding 15' of fill or constructing retaining wall) since it would directly impact his property. Fritz VanNest, the developer, stated that Council Minutes - 3/18/96 - Page 4 . the issue of grading on 190th Street had not yet been resolved and that a meeting with the City Engineer needed to be scheduled to determine how to proceed. Mr. VanNest further stated that the City owned the property in question and he was following a City request tn extend 190th Street to the west. Mr. Schlawin stated that he was not opposed to the project or the road, but needed to know when a decision would be made so he can determin, what he will be able to on his property. Mr. Tooker noted that specific conditions of development would be included in the development agreement. MOTION by Ristow, second by Gamer to adopt RESOLUTION NO. R34-96 approving the preliminary plat and authorizing the signing of the final plat of TroyHil1 2nd Addition. APIF, MOT~ON CARRIED. 12. Townhouses of Nelsen Hills Farm Planner Tooker stated that the plat being presented incorporated the changes which had been requested by the Planning Commission. The only additional change would be that one of the units would be 40' instead of 50' from the right of way. The change could be justified by the significant height differential between the unit and the roadway. Councilmember Galler asked John Dobbs, the developer, if there were any way to rearrange the units to provide more space between them. Mr. Dobbs explained that sev~ral options had been discussed, but the current one was the most workable. MOTION by Ristow, second by Gamer to adopt RESOLUTION NO. R35-96 approving the preliminary plat and authorizing the signing of the final plat of the Townhouses of Nelsen Hills Farm. APIF, . MOTION CARRIED. 13. Pilot Knob Road Update . Mayor Kuchera noted that the following discussion was not a public hearing. Councilmember Ristow stated he had requested this item be placed on the agenda in response to a request from residents. City Engineer Kaldunski updated the Council and audience on the status ( the project. Dakota County Engineer Dave Everds was also present to provide information. and discuss concerns. Lengthy discussion took place on the following topics: Setbacks Residents living along the new alignment of how close the road would be to their homes. closer than desirable, however, adjustments already been made and screening options were close proximity between houses and roadway. County Road #31 expressed conce~ns regarding It was acknowledged that the road would be in the width of the road and trails had still being discussed to help mitigate the Safety Residents living on both the existing and proposed County Road 31 expressed concerns regarding the safety of children living in the area. County Engineer Everds explained that the design of the new road contained a wide center island which would provide a safe halfway point in crossing the road, fencing was proposed for the elementary school playground, traffic signage and signals would be installed with safety in mind, and reduced speed limits near the school would be submitted to MnDOT. The difficulty of the enforcement of speed limits was discussed as well as the difficulty in regulating the driving habits of others. Assessments . The possibility of assessments for the construction of the road were concerns for several members of the audience. City Engineer Kaldunski stated that no decision had been made regarding what, if any, assessments would be levied. The Council would hold public hearings for which all affected property owners would receive notification. ...;. RESOLUTXON NO. R47-96 . APPROVING DEVELOPMENT AGREEMENT - TroyHill 2nd Addition - Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 6th day of May, 1996 at 7:00 P.M.. Members Present: Members Absent: Kuchera, Galler, Fitch, Ristow, Gamer. None. Member Gamer introduced and Member Fitch seconded the following: WHEREAS, pursuant to Resolution No. R34-96, the City Council approved the TroyHill 2nd Addition preliminary plat and authorized the signing of the final plat contingent upon, among other things, the signing of a development agreement; and WHEREAS, a development agreement is now before the Council for its consideration setting forth, among other things, the following: Surety Surface Water Management Fees Water Main Trunk Area Charge Sanitary Trunk Sewer Area Park Dedication $1,434,727.00 $ 77,176.89 $ 12,213.90 credit to Developer $ 13,692.81 $ 35,745.00 . ; and WHEREAS, the developer has agreed to develop 190th Street from the western edge of Fair Hills Subdivision to Everest Path in TroyHill 2nd Addition. NOW, THEREFORE, BE XT RESOLVED that: 1. The aforementioned developer's agreement, a copy of which is on file in the Clerk's office, is hereby approved. 2. The Mayor and Administrator are hereby authorized and directed to sign such agreement. This resolution adopted by recorded vote of the Farmington City Council in open session on the 6th day of May, 1996. ~6kY~~ Ma r Attested to the ~ day of May, 1996. . SEAL u/~ Clerk/Administrator /' , ~ ' ~ ~. ~ ,).(<' ~ , ""~ '<'~ .) ~ ~ 0. ~Q. :.c;. , I ., .1' 'tt . -I "'. '~'. 5+ TO: Mayor, Councilmembers, City Administrator 2f- Charles Tooker, City Planner FROM: SUBJECT: TroyHill 2nd Addition Developers Agreement DATE: May 6, 1996 XNTRODUCTXON When the preliminary plat for TroyHill 2nd Addition was approved there were two unresolved issues regarding access to 190th Street from this neighborhood. Both have been brought to a satisfactory conclusion by the developer and staff. DXSCUSSION The developer of TroyHill 2nd Addition, Builders Development, Inc., has agreed to purchase a necessary construction easement from an adjoining property owner in Fair Hills and will connect 190th Street at its terminus in Fair Hills with Everest Path in TroyHill. In addition, 190th Street between Everest Path and the west boundary of TroyHill POD will be graded and covered with topsoil and seeded to remain in grass cover until 190th Street is extended to the west sometime in the future. All of the above will be accomplished in cooperation with Heritage Development which is developing Nelsen Hills Farm POD immediately north of the 190th Street right of way. The developer of Nelsen Hills Farm has questioned the City's current standard cross section width of 44 feet for the traveled surface of collector streets. Produced during preparation of the 1990 Comprehensive Plan Draft, staff surveyed nearby cities and agreed upon a standard that will accommodate two 14 foot driving lanes and two 8 foot disabled vehicle and/or parking lanes. The purpose of the 14 foot lanes is to accommodate moderate traffic speed on City collector streets safely. The additional width allows collector streets to serve as relief routes for the arterial street system. Although Heritage Development asserts that the same can be accomplished within a 36 foot paving width, the driving lanes must be reduced to 12 feet and disabled vehicle lanes reduced to 6 feet. This will substantially slow traffic, decrease the volume of trips being handled and, consequently, introduce additional traffic on the local street system and, quite possibly, create additional safety hazards to motorists and pedestrians. With respect to local street design, the City has within the last two years reduced the paving width by 8 feet of local streets, which have an average daily traffic (ADT) of 300 vehicles per day, to 30 feet. Several developments, including TroyHill 2nd, have been able to reduce the cost of local street construction as a result. CitlJ. of FarminlJton 325 Oak Street · Farmint)ton, MN 55024 · (612) 463.7111 · Fa~ (612) 463.2591 . . . , .. ' . . A similar reduction within collector streets is not recommended because of anticipated future traffic volumes. The developer of TroyHil1 2nd has agreed to~ the current standard cross section of 44 feet. In addition, the developer of ~~ Nelsen Hills Farm has agreed to share in the cost of building 190th Street at the designed width of 44 feet. However, this concern for the width of collector streets will be raised again when the next phase of Nelsen Hills Farm is brought forward for approval. ACTION REQUIRED Adopt a resolution approving the development agreement for TroyHil1 2nd Addition. Respectfully submitted, {?l~ If} 1),~ Charles Tooker City Planner .. ..l ~-;, ~