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HomeMy WebLinkAbout08.25.98 Special Planning Packet ; / /e 1. 2. a) 3. a) b) c) . 4. a) b) c) d) \. r/-;">o. AGENDA PLANNING COMMISSION Special August 25, 1998 7:00 P.M. Council Chambers 325 Oak Street CALL TO ORDER APPROVAL OF MINUTES July 28, 1998 PUBLIC HEARINGS Conditional Use Permit - 821 3rd Street- Housing of Special Ed./E.B.D, - I.S.D. #192 Conditional Use Permit - Off-Premise Development Sign for Nelson Hills Conditional Use Permit - Grading Permit for Nelson Hills 7th Addition DISCUSSION "Community Profile & Comprehensive Visioning Element" - Presentation by RLK, Inc. Wensmann Homes Cooperative Housing Sketch Plan Variance for Side Yard Setback for New Garage - 517 Spruce Street Development Approval Process 5. ADJOURN . . . 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 Members Lee Smick, AICP 1\, () Planning Coordinator 1J-X Conditional Use -Housing of Special EdIE.B.D. for LS.D. #192 - 821 3rd Street August 25, 1998 INTRODUCTIONIDISCUSSION Independent School District #192 has withdrawn their application for the Conditional Use Permit at 821 3rd Street. ACTION REQUESTED None. . . . TO: FROM: SUBJECT: DATE: Planninl! Division Review Applicant: Nature of Request: Referral Comments: Attachments: Location of Grading: Size of Grading Area: Area Bounded by: Zoning: Comprehensive Plan: 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 At{) Associate PlannerifY Conditional Use Permit- Grading & Excavation- Heritage Development August 25, 1998 Heritage Development 450 E. County Road D Little Canada, MN 55110 Allowin~ grading and removal of soil within 7 addition of Nelson Hills Farm for supply of fill within the 6th addition 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 5. 7th addition site plan 6. May 12, 1998 minutes- Genstar Grading CUP North of 190th St West and the Troyhill development and south Explorer Way (see attached map). 23 acres (7th addition portion only) Agriculture on the west, existing single- family development to the south and north, future single-family to the east. R-I (Nelson Hills 7th addition) Low Density- Residential . . . Current Land Use: Agriculture/Open Additional Information Heritage Development is seeking the conditional use/grading permit to begin grading work in the 7th Addition and to complete grading work that is needed within the sth and 6th Additions due to a lack of fill. The Nelson Hills Farm 6th Addition Plat was approved on 01/14/97 at the Planning Commission and at the City Council on 02/03/98. It is not known when the 7th Addition plat will be submitted to the City. The 6th Addition has 42 single-family lots platted, while the 7th Addition proposes 67 lots. The last grading permit the City issued was in June of this year to the Genstar Land Company for the First Addition of the Charleswood development. Though this process has not been typical in the platting or residential development, City staff feels that with properly established agreements and/or sureties, the City will be able to effectively protect the overall completion of the development. Action Requested The Planning and Engineering staff recommends that the Planning Commission approve the grading permit and forward it to the City Council for their review based on the following conditions: 1. The Developer grades the ih Addition at his own risk. Future review of the street and utility plans for the 7th Addition may require adjustments to the grading. 2. Approval for the permit is contingent on approval of the grading plan by the City engineering division. 3. The permit is not valid and grading cannot commence until the required surety is posted and the Developer pays the appropriate fees. 4. All of the information required by the Excavation, Grading and Mineral Extraction Information Sheet should be submitted prior to City Council approval of the permit. cc: Tom Bisch, Heritage Development . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Lee Smick, Planning Coordinator FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Nelsen Hills 7th Addition, Grading Conditional Use DATE: August 19, 1998 Heritage Development has submitted an application for a grading permit for the 7th Addition of Nelsen Hills Farm. This request is being made in advance of the platting of the 7th Addition because the completion of the 5th and 6th Additions is dependent on the completion of the ih Addition. The Developer's design for the Nelsen Hills subdivision is proposed to balance from an earthwork standpoint, and thus it is necessary to grade the 7th Addition in order to finish the 5th and the 6th. The engineering division is currently in the process of reviewing the grading plan for the 7th Addition. It is the recommendation of the engineering division that the application for a conditional use permit for the grading of the 7th Addition be approved with the following conditions: I. The Developer grades the 7th Addition at his own risk. Future review of the street and utility plans for the 7th Addition may require adjustments to the grading. 2. Approval for the permit is contingent on approval of the grading plan by the City engineering division. 3. The permit is not valid and grading cannot commence until the required surety is posted and the appropriate fees are paid by the Developer. 4. All of the information required by the Excavation, Grading and Mineral Extraction Info Sheet should be submitted prior to City Council approval of the permit. . . . Respectfully Submitted, ~m~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: file Location Map of Heritage Development Conditional Use/Grading Application 1000 I Scale o 1000 N W+E 2000 Feet I s 3-22-1 . 'SECTION: 3-22- 1: 3-22- 2: 3-22- 3; 3-22- 4: 3-22- 5; 3-22- 6: 3-22- 7: 3-22- 8: 3-22- 9: 3-22-10: 3-22-11 : 3-22-12; 3-22-13: 3-22-14: 3-22-15: . 3-22-16: 3-22-2 CHAPTER 22 EXCAVATIONS AND MINING Purpose and Intent Definitions Permit Required Exemptions From Permit Requirements Applications for Permits; Procedures, Contents of Applications Council Review and Approval of Overall Plan; Function of Renewable Annual Permits Termination of Permit Annual Permits; Renewal; Conditions Issuance of Permit Imposes No Liability on City and Relieves the Permittee of No Responsibilities, etc. Fees Performance Bond or Irrevocable Letter of Credit Standards - Extraction Site Location Fencing Appearance and Screening at the Extraction Site Operations; Noise; Hours; Explosives; Dust; Water Pollution; Topsoil Preservation Rehabilitation Standards 3-22-1: PURPOSES AND INTENT: The purpose of this Ordinance is to promote the health, safety and welfare of the community and to establish reasonable uniform limitations, standards, safeguards and controls for excavation and mining within the City. 3-22-2: DEFINITIONS: The following words, terms and phrases shall have the following meanings respectively ascribed to them: A. Any excavation made by the removal of the natural surface of the earth, whether sod, dirt, soil, sand, gravel, stone, or other matter, creating a depression or depression~. 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. 3-22-3: PERMIT REQUIRED: Except as otherwise provided in this Chapter, it shall be unlawful for anyone to operate a mine or excavate without having first obtained a written permit from the City authorizing the same in accordance with this Chapter. Mining and excavation operations that predate this Chapter that do not have a permit shall obtain a permit within six (6) months after the adoption of this Chapter. Current permit holders shall come into compliance with the terms of this Chapter no later than the time their annual permit is renewed. . 3-22-4: EXEMPTIONS FROM PERMIT REQUIREMENTS: The follow- ing activities do not require a permit under this Chapter: (A) Excavation for a foundation, cellar or basement of a building if a building permit has been issued. (B) Grading a lot in conjunction with building if a building permit has been issued. (C) Excavation by the Federal, State, County or City government which City of Farmington . 1092 . . . 3-22-2 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. I " 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 Jater 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) (E) (F) (G) (H) 3-22-5: (A) . 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. Excavation of less than one thousand (1,000) cubic yards in a calendar year. Excavation of less than one hundred (100) square feet of surface area in a calendar year. Excavation or grading for agricultural purposes. 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) APPLICATIONS 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) (8) 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 . 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. a. 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 . 597 City of Farmington 3-22-5 . . . 3-22-5 (f) The criteria and standards to be used to achieve final rehabilitation as well as intermittent stabilization. 11. A statement identifying the applicant's program to insure compliance with the permit conditions, method of response to complaints and resolving conflicts that may arise as a result of complaints. 294 City of Farmington 3-22-6 3-22-8 I 3-22-6: COUNCIL REVIEW AND APPROVAL OF OVERALL PLAN; FUNCTION OF RENEWABLE ANNUAL PERMITS: . (A) A public hearing shall be held before the Council on each permit application. Notice of the hearing shall be published by the Clerk at least ten (10) days before the hearing. The City Council shall review the permit application and shall approve the permit if it is in compliance with this Chapter, the City's Zoning Ordinance, and other applicable laws, ordinances, and regulations. The Council may attach conditions to the permit approval to promote safety and prevent nuisance conditions. The rehabilitation plan shall only be approved if it is consistent with the uses allowed in the City's Comprehensive Plan and Zoning Ordinance. (B) Implementation of the overall plan shall be by means of renewable annual permit. The purpose of the renewable permit is to assure compliance with the longer range overall plan and to retain the ability to modify existing or to attach new conditions in accordance with changing characteristics of the site or its surroundings. The City Administrator, after consultation with appropriate City staff, may issue renewal licenses upon satisfactory proof of compliance with this Chapter. If the City Administrator denies a renewal license, the applicant may appeal the decision to the City Council by filing a notice of appeal with the City Clerk within ten (10) days after the City Administrator denies the permit. . 3-22-7: TERMINATION OF PERMIT: (A) The material excavation permit may be terminated for violation of this Chapter or any conditions of the permit. No permit may be terminated until the City Council has held a public hearing to determine whether the permit shall be terminated, at which time the operator shall be afforded an opportunity to contest the termination. The City Council may establish certain conditions, which if not complied with, will result in immediate suspension of operations until the public hearing to consider termination of the permit can be held. (B) It shall be unlawful to conduct mineral extraction or excavation after a permit has been terminated. 3-22-8: ANNUAL PERMITS; RENEWAL; CONDITIONS: (A) Application for renewal of an annual permit shall be made sixty (60) days prior to the expiration date. If application for renewal is not . 1092 City of Farmington 3-22-8 3-22-11 A) made within the required time, all operations shall be terminated and reinstatement of the permit may be granted only upon compliance with the procedures set forth in this Chapter for an original application. . (B) A permit may be approved or renewed subject to compliance with conditions in addition to those set forth in this Chapter when such conditions are reasonable and necessary to ensure compliance with the requirements and purpose of this Chapter. When such conditions are established, they shall be set forth specifically in the permit. Conditions may, among other matters, limit the size, kind or character of the proposed operation, require the construction of structures, require the staging of extraction over a time period, require the alteration of the site design to ensure compliance with the standards, require the provision of a performance bond by the operator to ensure compliance with these regulations in this Chapter or other similar requirements. 3-22-9: ISSUANCE OF PERMIT IMPOSES NO LIABILITY ON CITY AND RELIEVES PERMITTEE OF NO RESPONSIBILITIES, ETC.: Neither the issuance of a permit under this Chapter, nor compliance with the conditions thereof or with the provisions of this Chapter shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit under this Chapter serve to impose a liability on the City, its officers or employees for any injury or damage to persons or property. A permit issued pursuant to this Chapter does not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by any other law, ordinance or regulation. . 3-22-10: FEES: A schedule of fees for the examination and approval of applications for permits under this Chapter and the inspection of operations for compliance with the conditions of this Chapter and the permit shall be determined by resolution of the City Council, which may, from time to time, change such schedule. Prior to the approval and issuance or renewal of any permit under this Chapter, such fees shall be paid to the City and deposited to the credit of the General Fund. 3-22-11: PERFORMANCE BOND OR IRREVOCABLE LETTER OF CREDIT: Prior to the approval and issuance of a permit, there shall be executed by the operator and submitted to the City Administrator, an agreement to construct such required improvements, to dedicate such City of Farmington '. 1092 . . . 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. 3-22-10: FEES: A schedule of fees for the examination and approval of applications for permits under this Chapter and the inspection of operations for compliance with the conditions of this Chapter and the permit shall be determined by resolution of the City Council, which may, from time to time, change such schedule. Prior to the approval and issuance or renewal of any permit under this Chapter, such fees shall be paid to the City and deposited to the credit of the General Fund. 3-22-11: PERFORMANCE BOND OR IRREVOCABLE LETTER OF CREDIT: Prior to the approval and issuance of a permit, there shall be executed by the operator and submitted to the City Administrator, an agreement to construct such required improvements, to dedicate such 1092 City of Farmington 3-22-11 3-22-14 . property or easements, if any, to the City and to comply with such conditions as may have been established by the City Council. Such agreement shall be accompanied by bond with surety or condition acceptable to the City Administrator in the amount of the established costs of complying with the agreement. The aforesaid agreement, bond or letter of credit shall be provided for guaranteeing completion and compliance with the conditions set forth in the permit within the time to be approved by the City Council. The adequacy, conditions and acceptability or any bond or letter of credit hereunder shall be determined by the City Administrator. The adequacy of the bond or letter of credit shall be reviewed annually by the City. The City may direct the amount of the bond or letter of credit be increased to reflect inflation or changed conditions. 3-22-12: STANDARDS - EXTRACTION SITE LOCATION: Operations permitted under this Chapter shall not be conducted within: (A) Fifty feet (50') of an existing street or highway; (B) Thirty feet (30') of the right of way of an existing public utility; (C) Fifty feet (50') of the boundary of any zone where such operations are not permitted; or . (D) Thirty feet (30') of the boundary of an adjoining property not in mining use; or as directed by the City Council. 3-22-13: FENCING: During operations which have received a permit under this Chapter, any area where collections of water are one and one-half feet (1 '/2') in depth or more, or where excavation ,slopes are steeper than one foot vertical to one and one-half feet horizontal (1 :1'/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 City of Farmington . 1092 . . . 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 ttie 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 3-22-15 3-22-16 D) waste products or process residue shall be deposited in any lake, stream or natural drainage system. All waste water shall pass through a sediment basin before drainage into a stream. . (E) All topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the rehabilitation plan. (F) Operators shall use all practical means to reduce the amount of dust, smoke and fumes caused by the operations. 3-22-16: REHABILITATION STANDARDS: The following rehabilitation standards shall apply to the site of any operation permitted under this Chapter. (A) Rehabilitation shall be a continuing operation occurring as quickly as possible after the extraction operation has moved sufficiently into another part of the extrac in site. (B) All banks and slopes shall be left in accordance with the rehabili- tation plan submitted with the permit application. (C) Slopes, graded areas and backfill areas shall be surfaced with adequate topsoil to secure and hold ground cover. Such ground cover shall be tended as necessary until it is self-sustained. . (0) All water areas resulting from excavation shall be eliminated upon rehabilitation of the site. In unique instances where the City Council has reviewed proposals for water bodies at the time of approval of the overall plan and has determined that such would be appropriate as an open space or recreational amenity in subsequent reuse of the site, water bodies may be permitted. (E) No part of the rehabilitation area which is planned for uses other than open space or agriculture shall be at an elevation lower than the minimum required for connection to a sanitary or storm sewer. (Ord. 092-278, 8-3-92) . 1092 City of Farmington City of Farmington 325 Oak Street Farmington, MN 55024 (612) 463-1600 . Excavation, Grading and Mineral Extraction Info Sheet Permits for these types of activities are required in the City Code Section 3 Chapter 22. An application must be submitted to the City Engineer for review. A) An application for a mine or excavation permit shall be processed in accordance with the same procedures and requirements specified in the City Code relating to conditional use permits. However, the hearing shall be held by the City Council following a review and recommendation from the Planning Commission. All applications dealing with land in flood plains shall also comply with requirements listed in Title 10, Chapter 10, of this code. (Ord. 096-375, 7-1-1996) B) 1. 2. " ". 4. . 5. 6. 7. 8. 9. 10. . An application for a mine or excavation permit shall contain: The name and address of the operator and owner of the land. The correct legal description of the property where the activity is proposed to occur. A certified abstract listing the names of all landowners owning property within three hundred fifty feet (350') of the boundary of the property described above. Specifications of the following, using appropriate maps, photographs and surveys: a) The physical relationship of the proposed designated site to the community and existing development; b) Site topography and natural features including location of watercourses and water bodies; c) The description and quantity of material to be excavated; d) The depth of water tables throughout the area, The purposes of the operation. The estimated time required to complete the operation. The plan of operation, including processing, nature of the processing and equipment, location of the plan, source of water, disposal of water and reuse of water. Desired haul routes to and from the site. The plans for drainage, water erosion control, sedimentation and dust control. A rehabilitation plan provided for the orderly and continuing rehabilitation of all disturbed land. Such plan shall illustrate, using photograph maps and surveys where appropriate, the following: a) The contour of land prior to excavation, if available, after completion of excavation and after completion of rehabilitation; b) Those areas of the site to be used for storage of topsoil and overburden; c) A schedule setting forth the timetable for excavation of land lying within the extraction facility;. d) A timetable for the rehabilitationof land lying within the excavation facility shall be submitted to the City well in advance of the completion of excavation activities; 7/31/97 d: \lIarson\policies\fonninfo. doc E 11. e) The slope of all slopes after rehabilitation, based upon proposed land uses, and description of the type and quantity of plantings where revegetation is to be conducted; and f) The criteria and standards to be used to achieve fmal rehabilitation as well as intermittent stabilization. A statement identifying the applicant's program to insure compliance with the permit conditions, method of response to complaints and resolving conflicts that may arise as a result of complaints. d: \Ilarson\policies\fonninfo. doc 7/31/97 . . . E . . . 11. e) The slope of all slopes after rehabilitation, based upon proposed land uses, and description of the type and quantity of plantings where revegetation is to be conducted; and o The criteria and standards to be used to achieve ftnal rehabilitation as well as intermittent stabilization, A statement identifying the applicant's program to insure compliance with the permit conditions, method of response to complaints and resolving conflicts that may arise as a result of complaints. d: \llarson\policies\fonninfo. doc 7/31/97 E 11: 25 U..Lt=.. ...u'""" 'lS'612 463 1611 CITY FARMINGTON !g) 0008/0011 // . CITY OF FARMINGTON EXCAVATION, GRADlNG AND MINERAL EXTRACTION APPUCATION Date '1 PI/P8 , Type No. Name of Applicant H/!'Ifl-/~ 'P~)F'~ or Phone <t!/3/-0"/7 I'n ,,,v;'V'6f{;b '7A; ;,.Je', Address L./so ~7 r'duNry ~'p, 2>/ L-/:rn.€. e~A-DA, H?N ~!::// 7 Location of Operation ;J~stE7J #/LL.> ~n _~41. (pZ=-1.. APPl77dN t. 7 t..!J. ,4PP/fl'tJAI) 6(.{'/LOr g Name and Address of Land Owner }JetS e Ai Ih Us. r P1J c. . , t.ra ~ /v:9 olt-cf- fJ-7YPLfE f)~'1/ h U :r.r l,p Y (jUyt:..cl ''7' e" N€z-5C7V /.fIu-S P/'I1lffl J It" Dimensions of area in which work will take place Maximum depth of excavation till' fJ I Maximum height offill Iv ' 100 p.-<-O Change in site ele"ations~ft; Estimated quantity to be moved: In Yds Out Yds Hours <5'~~~ ~ ?"~ Date operation will start Aut lA S ~ NOI.ual d..}s vf operati611 rn -=m~~_. Date operation will end Does applicant plan to: .';<;(>,... 1. Fencetheoperation? 3, Post warning signs? . 4. Arrange for proper drainage? ~-es. 5. Arnnge for noise suppression? 6. Observe a buffer from boundary lines? \..0 ~ 7. Repair streets damaged from operation? \..:J<:> ~~ .-0 - -=:t:>~c==, 8. Furnish before and after topos? ~.l/.J 9. Furnish a bond to the City? ,1 L1,~ 10. Furnish a CertificateofInsurance? I'J 'Q Fee: Based on schedule of fees under Resolution R_: S valid from through ~h~hN ,~~~ Date / Slgmifure of Applic Application (approved, denied) by the City Council this 19_. day of Date City Clerk r~1I! 04 I.j e. rL IJIZMIW ,(../U) .:r#~ 7- f). ~J; ff . 9 8 7 6 . 2 9 TRAIL 10 11 5 2 0:: 4 3 1 10 7 It! 5 6 9 2 8 7 9 7 . 5 J 4 . 8 ~ O'c I 8 190TH STREET . Rotty, second by Schwing to approve the grading conditional use permit and to forward it to the City Council contingent upon the following conditions: · The issues identified in the grading review letter need to be addressed before a permit can be issued; · All of the information required by the Excavation, Grading and Mineral Extraction Info sheet should be submitted prior to City Council approval of the permit; · The permit shall not be valid until the required surety is posted and the appropriate fees are paid; · It is understood the developer grades this project according to the submitted grading plan at his own risk. Future review of utility construction plans could result in revisions to the grading design, · That silt fencing be erected prior to grading and dust control of the property be maintained by the developer. Vote: YES: Schwing, Larson, Rotty, Ley; NO: Schlawin. MOTION APPROVED. . . 5. The Fannington Middle School 2nd addition final plat was presented to the Commission by Planner Smick. Smick gave a brief presentation on the development referencing that some minor engineering details need to be worked out before City Council approval. Schlawin asked what those minor problems are. City Engineer Mann replied that each plat goes through a plan review check and some issues concerning utility easements. Mr. Mann iterated that the grading plan would not be approved until all grading issues have been taken care of. MOTION by Rotty, second by Schwing to close the public hearing. Vote: YES: Schlawin, Larson, Rotty, Ley; NO: Schwing. MOTION by Rotty to approve the 2nd addition final plat subject to the conditions of the City Engineers April 30th 1998 letter to the School District Engineer and forward to the City Counci I, second by Ley . Vote: YES: Ley, Larson, Schlawin, Rotty; NO: Schwing. MOTION APPROVED. 6. Planner Smick began the continued public hearing for the Prairie Creek East Schematic PUD. Smick stated that there are still some EA W issues that remain. Smick went to state that the Technical Advisory team (TEe) has surveyed the site and is recommending that no excavation take place within Empire Township. Planner Smick explained to the Commission that a vote would be necessary at this time and forwarded to the City Council because of a 60 day review provision stated within the City Code. Schlawin asked if the no grading in Empire Township provision is for this particular project or because the way the project is laid out. Smick replied that it is probably the layout ofthe project. Schlawin said that he is concerned that there might be a "carte blanche" approach that could be used against the City and would like to make it clear this it is because ofthe topography and layout of this particular project. MOTION by Schwing, second by Ley to close the public hearing. APIF, MOTION APPROVED. MOTION by Schwing to forward a negative recommendation of the Prairie Creek East PUD, second by Larson. APIF, MOTION APPROVED. 7. Planning Coordinator Smick and the City Engineer Mann updated the Commission on the development of policies concerning turf establishment and erosion control. Smick and Mann both explained the reasoning behind both of the policies and how they will benefit the City. The Commission and Staff went into a lengthy discussion on possible issues on both policies. The Commission recommended that the policies possibly be adopted as ordinances because of possible legal issues. 8. Smick gave an update to the Commission on the Comprehensive Planning Schedule. Smick went through the possible meeting dates of the draft timeline. Commissioners and Staff discussed if the dates were too aggressive and if it could be held to the schedule o o o ::J :J :) PLANNING COMMISSION MINUTES Regular May 12, 1998 . I. Chair Schlawin called the meeting to order at 7 :00 P.M. Members Present: Schlawin, Larson, Ley, Rotty, Schwing Members Absent: None Also Present: Community Development Director Olson, Planning Coordinator S'nick, City EngineerlPublic Works Director Mann, and Associate Planner Schultz 2. Chair Schlawin requested comments from the Commission on the minutes from April 14t1., 1998. There were none. Motion by Schwing, second by Larson to approve the minutes as distributed. APIF, MOTION APPROVED. Chair Schlawin opened all four of the scheduled public hearings at 7:00 P.M. 3. Community Development Director Olson presented to the Commission the amendment to the conditional use permit of South Suburban Medical Center concerning the placement of a public sidewalk for the recent clinic addition. Olson explained that South Suburban is seeking to amend only the sidewalk location from the north side of Oak St. to the south side due to concerns of: pedestrian safety with ambulances entering and exiting, snow storage and removal and overall cost. Olson continued with staff's reasons on retaining the sidewalk location on the north side of Elm St. Mr. Lee Larson, CEO of South Suburban Medical, approached the Commission to explain in greater detail the reasons why they are seeking the amendment to the sidewalk location. The Commission, Staff and SSMC continued with question and answer discussion in an attempt to clarify the situation. Dan Nicolai, SSMC Board Director, stood and presented his arguments to amending the CUP agreement. MOTION by Schwing to close the public hearing, second by Rotty. APIF, MOTION APPROVED. MOTION by Rotty to amend the conditional use permit for SSMC. No second to motion. Motion denied to lack of second. MOTION by Ley that the sidewalk remain on the north side of Elm St" second by Schwing. YES: Schwing, Ley, Schlawin; NO: Rotty; ABSTAIN: Larson. MOTION APPROVED. . 4, Associate Planner Schultz introduced the conditional use permit for grading from Genstar Land Company for the Charleswood development. Schultz briefed the Commission on the details of the grading plans and where in the process the development stands, Schlawin asked what the surety and/or a contract agreement would consist of. Schultz replied that the City Engineer would determine a surety amount and a contract would not be formed. Mr. Mann added that the surety amount would be held in the possibility that the developer might walk away. Rotty asked what portion in the diagram would be graded. Steve Juetten, Genstar Land Company, replied that it would be phase 1 and parts of phase 2. Mr. Juetten continued to explain his company's timeline and the reasons for the delay of the platting process. Schlawin responded that part of his concern was that erosion control rarely has been done properly in the city. Schwing asked the Mr. Juetten if there was a problem with the bond. Mr. Juetten responded that depending on the amount there would not be a problem. The Commission asked about a binding contract. Mann stated that the surety agreement would take the place of contract. Mr. Juetten added that the conditional use permit itself is a legal binding document. MOTION by Schwing, second by Rotty to close the public hearing. MOTION by . . Rotty, second by Schwing to approve the grading conditional use permit and to forward it to the City Council contingent upon the following conditions: · The issues identified in the grading review letter need to be addressed before a permit can be issued; · All of the information required by the Excavation, Grading and Mineral Extraction Info sheet should be submitted prior to City Council approval of the permit; · The permit shall not be valid until the required surety is posted and the appropriate fees are paid; · It is understood the developer grades this project according to the submitted grading plan at his own risk. Future review of utility construction plans could result in revisions to the grading design. · That silt fencing be erected prior to grading and dust control of the property be maintained by the developer. Vote: YES: Schwing, Larson, Rotty, Ley; NO: Schlawin. MOTION APPROVED. . . 5. The Farmington Middle School 2nd addition final plat was presented to the Commission by Planner Smick. Smick gave a brief presentation on the development referencing that some minor engineering details need to be worked out before City Council approval. Schlawin asked what those minor problems are. City Engineer Mann replied that each plat goes through a plan review check and some issues concerning utility easements. Mr, Mann iterated that the grading plan would not be approved until all grading issues have been taken care of. MOTION by Rotty, second by Schwing to close the public hearing. Vote: YES: Schlawin, Larson, Rotty, Ley; NO: Schwing. MOTION by Rotty to approve the 2nd addition final plat subject to the conditions of the City Engineers April 30th 1998 letter to the School District Engineer and forward to the City Counci I, second by Ley. Vote: YES: Ley, Larson, Schlawin, Rotty; NO: Schwing. MOTION APPROVED. 6. Planner Smick began the continued public hearing for the Prairie Creek East Schematic PUD. Smick stated that there are still some EA W issues that remain. Smick went to state that the Technical Advisory team (TEe) has surveyed the site and is recommending that no excavation take place within Empire Township. Planner Smick explained to the Commission that a vote would be necessary at this time and forwarded to the City Council because of a 60 day review provision stated within the City Code. Schlawin asked if the no grading in Empire Township provision is for this particular project or because the way the project is laid out. Smick replied that it is probably the layout ofthe project. Schlawin said that he is concerned that there might be a "carte blanche" approach that could be used against the City and would like to make it clear this it is because ofthe topography and layout of this particular project. MOTION by Schwing, second by Ley to close the public hearing. APIF, MOTION APPROVED. MOTION by Schwing to forward a negative recommendation of the Prairie Creek East PUD, second by Larson. APIF, MOTION APPROVED. 7. Planning Coordinator Smick and the City Engineer Mann updated the Commission on the development of policies concerning turf establishment and erosion control. Smick and Mann both explained the reasoning behind both of the policies and how they will benefit the City. The Commission and Staff went into a lengthy discussion on possible issues on both policies. The Commission recommended that the policies possibly be adopted as ordinances because of possible legal issues. 8. Smick gave an update to the Commission on the Comprehensive Planning Schedule. Smick went through the possible meeting dates of the draft timeline. Commissioners and Staff discussed if the dates were too aggressive and if it could be held to the schedule o o o . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Planning Commissioner Members Michael Schultz n n Associate Planner V~ FROM: SUBJECT: Conditional Use Permit- Off Premise Sign- Heritage Development DATE: August 25, 1998 Plannine Division Review Applicant: Heritage Development 450 E. County Road D Little Canada, MN 55110 Referral Comments: None Attachments: 1. City Ordinance- Section 4-3-1 : Signs (A) 12 2. Water Board minutes 4/27/98 3. Planning Commission minutes 7114198 4. July 24, 1998 letter to Heritage Development . Location: City of Farmington well site #4 property located at the northwest comer of Pilot Knob Rd. and Euclid Path (see attached map). Existing Zoning: R-l Additional Comments Heritage Development is seeking a conditional use permit for an off-premise sign to be located on the City's water tower and well house property located at the northwest comer of the intersection of Pilot Knob Rd. and Euclid Path. The Water Board granted permission to Heritage Development on April 27, 1998 but requiring Heritage to obtain approvals for both a conditional use permit and sign permit (the sign permit will be applied for if the conditional use permit is granted by the Planning Commission). Heritage Development was sent a letter on July 24th (see attached) to remove their 64 square foot . sign from the right-of-way located along Euclid Path as directed by the Planning Commission on . . . July 14, 1998. The sign was to be removed by August 6th, though the sign was not removed by the specified date, it was removed as of August 20th. Heritage Development is currently in their 6th phase of development with the 7th and final phase remaining to be constructed sometime next year. The Nelson Hills Farm development is approximately 55% complete; 31 lots remain in the 5th addition, 42 lots in the 6th and 67 lots are planned for the 7th addition. The sign ordinance allows a development of 30 acres or greater up to 200 aggregate square feet of signage to be erected on the project site, while off-premise signs are allowed an area of only 25 square feet. The developer currently has three 64 square foot signs located on site with another sign promoting the townhome portion of the development located along Euclid Path. As the ordinance is written to date pertaining to off-premise directional signs, Heritage Development would not be permitted to use one the their existing 64 square foot signs, i.e. the recently moved development sign located within the right-of-way. The Planning Commission has granted TC Construction a CUP for a 25 square foot off-premise sign at the same site on July 14th, 1998; the sign had not been erected as of August 20th. Action Requested Staff recommends the Commission approve the conditional use permit for the off-premise directional sign for Heritage Development/Nelson Hills Farm based on the following contingencies: 1. The applicant and the Water Board establish a contract outlining the date of removal for the sign; That the sign be counted toward the aggregate square footage allowed for promoting development projects; The applicant apply and pay appropriate fees for a sign permit identifying the placement of the sign, meeting sign setback and size requirements and does not conflict with the off- premise sign for Pine Ridge Forest. 2. 3. cc: Tom Bisch, Heritage Development Water Board . z-< c .Q> en "ffi \ C \ 0 .- ~ s~ I 0.0 COO) M ~ .- 0) ~~ I- m 0 1 0::: C'") u:. co 8 T"" 0::: -g UJ '<'" l:L l:L (J) ::> 8. e a.. .1 4-3-2 . ~ . 4-3-2 to this shali be limited to thirty two (32) square feet in area, conform with setback requirements in each district, and may be illuminated subject to timing and information controls stipulated as a condition to the conditional use permit. 9, On-Premises Signs: For the purpose of identifying or advertising a business, person, activity, goods, products or services located on the premises where the sign is installed and maintained, signs shall be regulated as set forth in subsections 4-3-3(8) and (G). 10, Illuminated Signs: Except for temporary signs, illuminated signs shall be allowed in "B" and "I" Districts. Such sign shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians or neighboring premises as outlined by the section in Chapter 6 of the Zoning Ordinance dealing with exterior lighting, 11. No Trespassing Signs: No trespassing signs and no dumping signs shall not exceed two (2) square feet in area per side and not to exceed four (4) in number per lot in "A" Districts, In "A" and "G" Districts such signs shall not be less than three hundred feet (300') apart. (Ord, 086-173, 2-21-86) 12. Off-Premises Directional Signs: For the purpose of providing off street direction to a residential project described in this subsection (A), or a new venture less than twelve (12) months following occupancy permit, a public, religious or nonprofit institution, or a use which, in the determination of the Planning Commission, incurs substantial hardship from lack of reasonable identification as a result of its location, a conditional use permit shall be required. Such sign shall not exceed twenty five (25) square feet per face and such sign shall conform to the yard requirements of the zoning district in which it is located. In addition, a directional sign may be permitted for any uses which, in the determination of the Planning Commission, incur substantial hardship from lack of reasonable identification as a result of its location, If said sign is lighted, it shall be illuminated only during those hours when business is in operation or when the model homes or other developments are open for conducting business. (Ord. 093-320, 12-6-93) 13. On-Premises Directional Signs: Where one way access and egress drives are incorporated in a site plan, a sign indicating traffic direction no more than four (4) square feet may be placed at a driveway within five feet (5') of the street right of way. A directional 594 City of Farmington ~ . MINUTES WATER BOARD REGULAR April 27, 1998 1) The meeting was called to order by Chair Shirley. Members Present: Wier, Krueger Also present: Engineer Lee Mann, Mark Rolfs, Finance Director Robin Roland, Bill Weierke 2) The agenda was approved as presented. I 3) Motion by Krueger, second by Wier to approve the minutes for March 23, 1998. Motion carried. 4) Old Business . a) Mr. Rolfs reviewed things happening on water tower. Work has started. Contractor has authorized his people to work overtime as needed with possible work on Sundays if needed. b) Well #4 has been pulled for repairs. Parts enroute. Hope to have operating during week. Hydrant flushing delayed for this reason. c) Motion to award contract for fence around old tower to Midwest Fence, Cost to be $7,635.00. Motion by Shirley, second by Krueger. Motion carried. d) No comments concerning Well #5 at this time. e) Mark Rolfs presented well field study. Some sites added as already owned by the Water Board. Further study is needed. f) Mr. Mann presented rate study. No action taken. 5) New Business a) Planner is asked to set up some plans for old tower site. Plans may be presented in neighborhood kind of meeting with Parks Chairman present. ./(b) A request by Nelsen Hills developer was made to locate their sign on Well Site #4. Mr. Mann was directed to permit such use with the following conditions: i) No fees to Water Board, City fees are required. ii) An agreement (contract) to be executed allowing use but a definite time for vacation of use is to be made. 6) A water use report for first quarter was presented. No action needed. 7) A report on numbers of building permits for City to date was presented. No action needed. 8) Robin Roland presented the current financial report. Accepted report. . 9) Bills as follow were presented: March 23 in the amount of $19,455.46. April 27 amount $7,774.50. Motion to pay bill s\n these amounts was made by Krueger, seconded by Wier. Motion carried. . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us July 24, 1998 Mr. Tom Bisch, Director Heritage Development 450 East County Road D St. Paul, MN 55117 RE: Development Sign in right-of-way Dear Tom: During the recent Planning Commission meeting on July 14, 1998, it came to the attention of the Commission members that the temporary development sign for Nelson Hills Farm located on Euclid Path is within the public right-of-way. Per direction of the Planning Commission members, I am required to inform you that your temporary development sign must be removed from the Euclid Path right-of-way within 10 days of receiving this letter. The Commission and staff understands your predicament dealing with the Pilot Knob Road reconstruction, however, I have been directed to uphold the zoning code. Attached is Section 4-3-2 (B)-7 of the City Code for your review. If you have any questions concerning this subject, please call me at 463-1820. Sincerely, ~ Lee Smick, AI CP Planning Coordinator CC: Planning Commission Members Dave Olson, Community Development Director file 4-3-2 4-3-3 ~7. Public Rights of Way: No sign shall be upon or overhang any W public right of way, with the exception of B-2 Districts where an overhang of fifteen inches (15") is possible. . 8. Bench Sign: Bench signs shall not be permitted in any district. (Ord. 086-173, 2-21-86) 9. Advertising Signs: Signs which advertise an activity, business. product or service that has not been produced or conducted on the premises for more than thirty (30) days. (Ord, 090-228, 2-5-90) 4-3-3: SIGNS IN ANY DISTRICT: (A) Signs in C and R Districts: 1. C, R-l and R-2 Districts: One nameplate sign for each dwelling unit. Such signs shall not exceed two (2) square feet in area per surface, shall not exceed five feet (5') in height, and no sign shall have more than two (2) surfaces, Nonconforming business uses shall be permitted one on-premises wall sign not exceeding twenty (20) square feet in area. 2. R-3 Districts: One nameplate sign for each dwelling group of six (6) or more units, and such sign shall not exceed six (6) square feet in area per surface and no sign shall have more than two (2) surfaces. (Ord. 090-228, 2-5-90) . 3, Nameplate Sign: One back to back nameplate sign for each permitted use or use by conditional use permit other than residential. Such sign shall not exceed thirty (30) square feet in area per surface. Back to back signs exceeding a ninety degree (900) angle shall be measured as one surface. Such sign is permitted in areas other than residential by a conditional use permit, (Ord. 093-321, 12-6-93) 4. Set Back Requirements: Any nameplate sign over one foot (1 ') square shall be set back at least ten feet (10') from any property line. 5. Freestanding Signs: Freestanding signs shall be permitted for the purpose of permanent identification of residential areas. At each principal entrance to such an area a maximum of two (2) signs, not to exceed fifty (50) square feet of sign area per sign. Such signs 495 City ot Farmmgton . . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Planning Commission Members f'v f) Lee Smick, Planning Coordinator j)J*C FROM: DATE: August 25, 1998 RE: Community Profile & Comprehensive Visioning Element INTRODUCTION The "Community Profile & Comprehensive Visioning Element" of the Comprehensive Plan has been completed and will be presented by RLK-Kuusisto, LTD. City staffis seeking the adoption of both of these elements by the Planning Commission. DISCUSSION The presentation will consist of an overview of the Comprehensive Planning process including a report on the initial interviews held with community leaders in June. The report will also discuss the Community Profile concerning population, households, employment and land use projections. A summarization of the visions generated at the July 8th and 29th Visioning Workshops provides the Community Visioning Element for the Comprehensive Plan (see attached). The seven vision points will be discussed in detail and include the following: 1. Downtown 2. Connection 3. Value Received for Taxes 4. CommerciallIndustrial Base 5. Quality/Controlled Growth 6. Public/Semi-Public Uses 7. Environmental 8. Planning for a Greater Community The presentation will conclude with a determination of "Where we go from here". The Planning Commission will play an important role through the Comprehensive Planning process by providing review and recommendations of each of the Comprehensive Plan elements within the next few months. A revised schedule for the process will be presented at the Planning Commission meeting to identify upcoming workshops and formal meetings . ACTION REQUESTED Adopt the Community Profile and Community Visioning Elements for the Comprehensive Plan and forward the documents to the City Council. cc: RLK- Kuusisto, LTD Jim Brimeyer and Associates . . . . . DOWNTOWN Vision . Specialty Shops, Boutiques . General a) grocery b) convenience . Parking . Pedestrian Friendly . Social, Historical, Cultural, Government Center . Entertainment, Eating . Antiques, Crafts . Design theme - Riverwalk . Landscaping, Lighting . Housing . Expansion North . CONNECTION Vision . East/West; North/South a) 195th b) 20gth c) Flagstaff d) Ash . Improve Hwy 3 aesthetics (boulevard) . Implement bike/trail plan - emphasis on North/South connections . Develop geographically central "attraction" . Park/Lake development . . Active/passive recreation . Golf course with low density housing . Water uses . Athletic facilities . . . . VALUE RECEIVED FOR TAXES Vision . Expand park development: a) Athletic facilities b) Neighborhood parks c) Trails (hiking, walking, jogging) d) Central parke s) . Public safety a) Road crossings b) Police/fire facilities, staffing, visibility . Community connections a) More volunteerism b) Quality development . Broader, more diverse tax base . . . COMMERCIAL/INDUSTRIAL BASE Vision . Expand industrial base a) Develop second industrial park b) More light industry, high-tech businesses . Develop commercial business park a) Integrated uses 1. high tech 2. hotels 3. restaurants 4. recreation facilities 5. residential b) Connected with downtown c) Aesthetically pleasing . Promote the central area for downtown . New, expanded developments should be: a) user-friendly, b) aesthetically pleasing, c) have good access d) not in conflict with residential uses . QUALITY/CONTROLLED GROWTH Vision . Work with school, facility needs and site locations . Continue emphasis on quality development . Provide more life-cycle housing opportunities . Preserve natural areas as part of development . Allow development to be staged based on utility availability . Maintain agricultural uses and encourage "green belt" areas . Maintain "small town" feeling . . Develop a central park lake . . . . PUBLIC/SEMI-PUBLIC USES Vision . Develop public facilities a) Public works b) Police c) Fire . More visible and expanded city hall, other public uses . Consider Arts/Cultural/Community Center as central area anchor . Utilize Dakota Village and Fairgrounds as community attractions . Higher usage of school facilities a) Education b) Recreation c ) Youth centers . Provide connections for public, semi-public uses a) Visual b) Trails c) Themes d) Natural areas . . . ENVIRONMENTAL Vision . Improved water quality · Preserve wetlands, bluffs, trees, shorelands and steep slopes . Develop more river access . Preserve natural areas and provide for passive uses . Utilize river, natural areas, wetlands for connections (trails, water, walkways) . Maintain working farms . Develop a central park lake . . . PLANNING FOR A GREATER COMMUNITY Vision . Keep Community Open . Establish better lines of communication with all of the bordering Townships . Have a contingency plan-based on alternative scenarios . Base annexation on: a) Annexation Plan b) Standards c) Infrastructure d) Impact of Growth . . . 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 Members Lee Smick, AICP ('y [) Planning Coordinator ~ Wensmann Homes Cooperative Housing Project Sketch Plan August 25, 1998 Plannine: Division Review Applicant: Proposed Development: Attachments: Wensmann Homes 3312 151S! Street West Rosemount, MN 55068 Proposes two 3-story, 42-unit cooperative housing buildings for residents' age 62 and older. The buildings will provide underground parking for each unit. One elevator is provided for each building. 1. Location Map 2. Sketch Plan 3. Third Floor Plan 4. Garage Plan 5. Unit Plans 6. Perspective Drawing North of Nelson Hills Farm, West of Pilot Knob Road, South of Terra Addition and East of Pine Ridge Forest subdivision (see attached map). Location of Development: Area Bounded by: Existing Zoning: Existing Conditions: Existing single-family development to the north and south, future commercial PUD to the east and parkland to the west. R-I PUD - Low Density - Single Family Planned Unit Development The western portion of the site is densely wooded with a variety of trees mostly of which are pines of less than 10 feet in height. The . . . remammg portions of the site have been somewhat cleared, although larger trees along the north and central portions of the site remain. An existing house is located near the east-central portion of the site that will be removed. Streets and Accesses: The proposed plan will contain two entrances accessible from the proposed Euclid Street roadway. The accesses will be 24 feet in width and include curb and gutter along the private streets and parking lot. Euclid Street is proposed to connect to Euclid Street in the Terra Addition to the north and Endeavor Avenue in the Nelson Hills Farm 3rd Addition to the south. The roadway will be 38 feet in width and provide for a 60-foot right-of-way. Sidewalks: Sidewalks are not required in the private development, however, bituminous trails will be located within the open spaces at the north portion of the site. Since the proposed Euclid Street is a local street, no sidewalks are required. Topography: The property is quite steep along the western edge of the plat with an existing slope of 8%. The site generally falls to an existing 5% slope from the center of the site eastward. The site generally drains towards the east to the ditch area of Pilot Knob Road. There is an existing small stream that runs through the middle of the site possibly draining from a spring near the top of the hill. Wetland: No wetlands exist on the site. Flood Plain: There is no flood plain that effects this property. Parkland and Trails: The Parks and Recreation Commission determined upon review of the Cameron Woods Townhomes PUD Final Plat that 12.5% of the entire site constituted 1.72 acres of land. Wensmann Homes will meet those requirements. The current owner of the property, Mr. Jack Benedict, will also dedicate 3.53 acres ofunbuidable land to the City. Additional Comments: Wensmann Homes is proposing a cooperative housing project along the west side of Pilot Knob Road, North of the Nelson Hills Farm development, east of the recently approved Pine Ridge Forest development and south of the Terra Addition development. They are seeking input from . the Planning Commission to determine ifthe project is feasible for the site. This particular site was originally before the Planning Commission as the Cameron Woods Townhomes PUD in February 1997. The Cameron Woods Townhomes PUD Final Plat was approved on April 7, 1997 by the City Council. Per Section 11-2-3 (E) of the City Code, the Developer shall record the plat with the Dakota County Recorder within 75 days of the approval by City Councilor the plat will be considered void. The Developer had requested four time extensions, however, the final time extension request was July 31, 1998 and the approval of the plat has been rendered void by the above-mentioned ordinance. Therefore, since an entirely new concept is proposed for the site, the Developer is required to reapply for review of the proposed project. The R-1 PUD zoning district remains as approved on the site on December 16, 1996. The proposed development consists of two, 3-story, 42-unit buildings on 13.7 acres. The gross dwelling units per acre is 84 units/13.7 acres calculating to 6.1 units/acre, over the allowable 4.5 units/acre in an R-1 PUD zoning district. Remedies to this problem would be to reduce the number of units or rezone the property to R-2 PUD providing a 7.0 unit/acre density and allowing the proposed project of 84 units to comply with City requirements. The Comprehensive Plan shows the site as low density and is surrounded by low density to the north, south and west. Business is located across Pilot Knob Road to the east. High density areas are located directly behind the business sites with Dakota Meadows Townhomes and Sherburne Deck Homes. Townhomes of Nelson Hills Farm are located further south of the proposed . development along the west side of Pilot Knob Road. The Developer is proposing to sell the units as a cooperative development, meaning that purchasers of the units would be buying shares in the building and not necessarily own the unit they inhabit. Funding for the project will come from BUD financing options, which requires that 90% of the 84 units has to be pre-sold before the project may break ground. The Developer is proposing to construct the site in one phase. With BUD financing, the project requires that the minimum age for residents in the co-op is 62 years and older. The building will provide for crafts and a trim room along with a guest room for each floor in the building. Fourteen living units will be provided on each floor and a shared laundry room will be located at the center of the building on each floor. Underground parking for each unit is proposed with an additional 52 parking spaces above ground. The Developer shows a separate entrance off of Euclid Street for accessing the underground garages. City staff recommends that the entrance for the underground garages connect to the above ground parking facility for more convenient circulation within the site. The site will be landscaped throughout and will comply with the Cameron Woods requirement to provide a buffer of at least 50 feet on the north side of the site. This site plan shows 65 feet along the Terra Addition to the north and Pilot Knob to the east. Trees in these areas are required to remain as provided, while additional trees for screening may be required to provide an adequate buffer between the single-family residential to the north and Pilot Knob Road to the east. . . . . Landscaped gardens will be provided throughout the site and gardens will be available for growing vegetables and other plantings. Water features, picnic tables, walking trails and benches will also be provided on the site. If the Developer is unwilling to reduce the amount of units on the site, there is a need to rezone the property to R-2 PUD to meet the gross dwelling units/acre required in the City Code. Therefore, City staff recommends the following outline for reviewing the project: 1. Petition to rezone the property to R-2 PUD and submit a Schematic PUD Plan. 2. Planning Commission holds a Public Hearing for Rezoning, Comprehensive Plan Amendment and Schematic Plan. 3. City Council holds a Public Hearing for Rezoning, Comprehensive Plan Amendment and Schematic Plan. 4. File Preliminary Plat that is reviewed at Planning Commission and City Council. 5. Final Plat is reviewed at Planning Commission and City Council. Action Requested Review the sketch plan with the Developer and make recommendations concerning the concept. cc: Wensmann Homes ~ .~ \ \, ~l) :J o s....I J2~ o.~ co~ ~~ ~ ~~ o I c c ~ en c ~ I . ~ :s: Q ::i Ig w I \ \ \1 I~ , ~S\ \ z< \ , I I \ , 'I I I "$ u. :s: 1- e/) ~ C") 0:) .... 8 .... 0::: w a.. a.. ::> ~ . I [I I o :s: 1- e/) Q 0::: C") 0:) .- ~~.-!>~\ I i~ /\1 ~ I . ...- .O\fOH HON}I l.O'lld 5 f2~ ~~ ~ .--- ~~ . . . . L{) . ~ ~ ~.. >< l3~ \lit~ n ~ 8 i Mli ~ ~ zi ~ ~ <( ~! <( !!? ~ ~ ~.. l? j ~ ~ h 8 Z -. Z H u ~ .. "'" .. i~ ~. L.. if.l2 Zo ~ril g H ~z ;I' i~ Hilti m ~lt~h ~ .f-,. ,>,Il' I til'h;; WH~ !iiiH I ~ :1 :: I: i! 1: ~- ,: f--:i r"- "U1 : '-j-J rm- :: r--- '; " -L1+--ft i i -I ' , I , I m.____m__ml..__ ' . . . . i t'-- i m m w ;: >. N ~ji" 0 r. ~'~ilUJ 8 z ~f l' ~ z ~ ~-- ~ ~ ~ '2 t -:0 :=l i ~ U g P f--i ZlIl =>" I ,... , z h Z '/I ~ ~~ ~: I~ [J)~ Zo Wlz H 5 ~! eH .-,1 >- " "''' W. :::>m <.:>:; m,l' ~ ~lt~d < ;: ,I-p ~..lF I i,j I !.t<il ~1' d ''il!i' J !ltl!.d It d ~ ~ f--" Z~ :::J" " I--t ZN =>\1 ;.: I 1-* z~ :::J" P ! t:t ~ Z'!J ~ :::Jm . . . . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Planning Commissioner Members Michael Schultz cxR Associate Planner FROM: SUBJECT: Discussion for variance- Tim & Kelly Dougherty DATE: August 25, 1998 Planning Division Review Applicant: Tim & Kelly Dougherty 517 Spruce Street Referral Comments: None Attachments: 1. Site plan diagram 2. Variance Procedure & Regulations Location: 517 Spruce Street Existing Zoning: R-2 Additional Comments Tim & Kelly Dougherty are requesting discussion with the Planning Commission over the possibility of a four (4) foot variance for the construction of a new garage. The Dougherty's currently have a nonconforming garage, which they claim sits 2 feet off of the property line; upon GIS review and a walk by; it appears somewhat closer (this includes the overhang). The Dougherty's are proposing to raze the current garage and construct a smaller garage in the same location of the existing garage. The residents claim their hardship exists in the placement of the curbcut and keeping the drive in line with the garage. Action Requested Staff has reviewed the hardship criteria with Mr.& Mrs. Dougherty. Staff has noted that even though some home owners had the difficulty locating new garages on lots due to centrally placed homes on lots; yet numerous homeowners have been able to comply with setback requirements by placing the garage further back on the lot to allow for more maneuverability. cc: Tim & Kelly Dougherty i I . '.1 . \ i I i " . I I I j I I .,1 . , I I I , i I N <D 60' Tim '" Kelly Dougherty 517 Spruce Street 463-3532 lot Dimensions 60' by 1 83' t') CX) ..- -1- 19'5II SIDEWALK BLVD Garage foundation is 2 feet from property line GARAGE 24'6" by 20'6" ;),,)./,)'L HOUSE i Q iij 517 SPRUCE STREET i \ .) GARAGE Neighbors 5'6" Cedar Fence is erected 1 foot from property line c.. r\ 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 Hood 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. TJIe 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. 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'" 0 3 :1> o ., ",",'- -0 B e .g ".>0: ., ., ., c. .... ., ~~ ~ "3~ E 'u alE ~ ~ ~ .5 s: .... .~ ~ gf"O g. ~ ~ 6 '2 a ~ ~ ] 5 ~ ~ ~ a g v bllS 13 ~ ~ ~ ~ .~ 0 :.6 "5 ~ b .S >. t> .;; .9 8 u '"a) g ~.o....$:i"Ou;S>-u "0.... 13 v v.... v -.iv~o~""~Q - .~ U U "* .s CJ:l .... "0 CJ:l ~ 5h ~ ':; tit Om 'S go 2" P- "0 va ..; -",_I:: u ~::::~~o.~ v Cllt;:;......9 I:: o CJ:l ^ 5 ~ 0 ..g~Svu ~ .;; ~ g Q e 0 0. "0 .'" I:: .... E 0 0 v"O""'B a8~:;:: go~ iJ g ~ '"a)o.bll::le >-.~ <<I 0 0. v........Uo. O~iJoCll ~lflu ~ 0 0 u u j ~n cId E! E!.~ bll"OEl::s .S!l:: 0.9 0 I::gu~<l:: s:: CJ:l .... s:: ~blliJt::] ec.S s <8 >- o ~ 0..5'8 U~..9....v ~ 'So ~ ~ ... -&3oCll ..; <I) 0. o a) >- v o v .... <<I "0 OJ) .5 .... <I) <I) s '" v .... o c v Q * 00 0\ -- o ~ 00 o s:: o 'Vi .;; v 0:: . . . OPTION 1 Preliminary and Final Plat Filed Separately Development Approval Process Step 1: An initial meeting with staff to determine project requirements and possible issues. This meeting serves as a mechanism for the Developer to become aware of City development ordinances and standards. . Staff prepares development approval schedule, discusses checklist and informs Developer of associated fees involved in development process. .. Mdfillal:plat shall be revi~we(!~~araV;lyirl Step 2: Submit schematic plan and corresponding information. The Developer submits a complete schematic plan to the Planning Coordinator along with other pertinent information prior to the review of the project by the Planning Commission. · City staff will inform the .Developer if documents are missing in the .su,b1l1i&sion pa.ckage and will notify the Developer by fax and mail within 5 workirigdaysafter submission, Revision 08/20/98 1 . . . . . . Step 3: Review of schematic plan by Development Committee, City Staff and Planning Commission. . · The schematic plan is also sent to the Parks and Recreation Commission, Water Board and Housing and Redevelopment Authority, if applicable, for review. This gives the Developer the opportunity to receive feedback from all groups prior to the Planning Commission meeting. . . . ""th'" ,':t.: .;<' ;'1';-;"'" '1":" ew: '~i~~..~flUU~,:P,.11 , -,'.....,.,..,...:."'._' ,:; ';__. ,.",,<.,':. 'C-"-""'.- .,..;.._.,.......,.:.,_'., _",,,,,-.<,;..~:,._.,,,_.__.- ..._.,....,...~'.__:_"...... Meeting 1 - Schematic Plan is reviewed at Planning Commission meeting. · The Plarining COJI1l1lissi()nroakes C01J:lm~ntsai)drecoInillendat~ons totheI)~veloper concerning the sch~matic plan. , The peveloper sh()u' ake the apprQPJ,iatechanges totbe plan prior tot1i~,prelimimuy plafbe41gpresen otl1e Plannlng C~mmissi~n. Step 4: The Developer submits the preliminary plat to Planning and Engineering staff with schematic plan review comments addressed and all required information along with payment of fees, Revision 08/20/98 2 . . . Step 5: . · The Developer shall submit the following documentation prior to the scheduling of a public hearing before the Planning Commission: a) an application for preliminary plat, b) fifteen (15) copies of the plat, c) d) five (5) copies of supporting documents . e) an abstractor's list of property owners living within three hundred fifty feet (350'), and f) filing fees and surety as specified in the City's annual fee schedule shall be paid prior to scheduling a public hearing before the Planning Commission. . . · Major engineering and planning issues must be addressed before the preliminary plat is approved at the Planning Commission level and sent to the City Council for reVIew. . '.' W()rlcshee~, . 1 O;tnP .. . . . befoietpe .', . the Planning Commission. · Time Fr1Ulle:.. Amin!l1lWD otfiye weeks'i~ requiredto.review the prelimiJulry plat andschedul~ a.Public Hearing at-the Plmming Commission. Notice of Public Hearing is published J 0 calendar days prior to Planning Commission hearing date for preliminary plat review as required by Minnesota State statutes. Revision 08/20/98 3 . . . . Notices are mailed to properties on the abstractor's list to be provided by the Developer and an affidavit of mailed notice is filed as required by Minnesota State statutes. Meeting 2 - Preliminary Plat is reviewed at Planning Commission Public Hearing. Step 6: Planning staff prepares report for City Council summarizing review of preliminary plat and schedules review at City Council meeting. . Meeting 3 - Preliminary Plat is reviewed at City Council meeting. Step 7: Preliminary plat is reviewed by City Council - Upon approval, resolution for preliminary plat is adopted. . The public may ask questions or voice concerns at the City Council meeting. . Step 8: Developer prepares final plat and submits to Planning Coordinator along with payment of fees wfthiriJQQi;lCty$ ()fqpprovalafpre#min.i:riyplaib)l()J{(jJ (J(}1Jn.qil. . The developer submits a final plat by providing twelve (12) copies of the final plat and three (3) copies of all engineering construction drawings. . The final pla.fmusfcontain. allofthe infOfIlla.tionrequiteq itlSectiQJllb3-3. inorqer for the Planning Commission to act upon the final plat. City staff will inform the Revision 08/20/98 4 . . . . . . . Meeting 4 - Final Plat is reviewed at Planning Commission meeting, Step 9: Planning Commission reviews final plat andforwards recommendations to City Council. Meeting 5 - Final Plat is reviewed at City Council meeting. Step 10: Final plat is reviewed by City Council - Upon approval, resolution provides for acceptance of all agreements for improvements, public dedication and other requirements indicated by City Council. · City Council adopts resolution approving and authorizing signing of plat contingent upon preparation of Development Contract. Step 11: Community Development/Planning and Engineering staff draft Development Contract after iriformation is receivedfrom the Developer. . Developer prepares cost estimates for required developer improvements and City Engineer prepares the amount of financial guarantees for Development Contract. . After preparation of agreement, staff forwards the draft Development Contract to the City Attorney for approval. Revision 08/20/98 5 . . . · After approval by the City Attorney, staff forwards the draft to the Developer for review, comment and, if necessary, to arrange for a meeting to work out unresolved Issues. Step 12: Development Contract is placed on consent agenda for City Council to approve. Meeting 6 - Development Contract is reviewed at City Council meeting. Step 13: Developer provides all required fees, final plat documents and signs Development Contract. · Developer provides all required fees, final plat documents, including one full size and one 8 1/2" x II" mylar of final plat, and signs Development Contract. · Three copies of the Development Contract shall be submitted to the City. Step 14: Final plat is signed by Mayor and Chair of Planning Commission and released to Developer for recording along with certified Development Contract. **Highlighted text represents new requirements. Revision 08/20/98 6 . rJ) rJ) ~ we;; o := ~ il ~ := .J~ < := ;;;. e 0'- ~rJ) ~"g ~t: < .- E-<~ Z := ~rJ) :::;~ ~s:: .~ ~'t:l Q = I "= Z 1.0 oiil E-< .- ~ .5 Z~ _ 1.0 ~~ ~ " <N ~z ~o oE: ~~ - w . ~ -'~ ~ .- ~ s 00 ~ s ~ :=.s ~ "Q. ~'Os~g~ ... la.- - := u CI) ... Q...Q CI1 0. C;;.... ... 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"" ~ .g ., '" ~ Q. ... ~ g .~ u. > e "'- " c E .~ BlS e ;:J .~ ~ -;; .- -.... p.. .- '0 ~oo CI1 la 00'0 0. s:: '';:: ....S C.Q 0 '0 = ..$Ol::~~~~a> . A-. ~ la g ~ oo~ S t) - ~ E: .- >-l .5 t:: 0. ~ ~..,:; ~ 'Oa>otl I:: ;;.... '+-<._ 0 ... u - I:: ~.D~S~8.<::~o . 'O'ca S a> a>'".::: a> U _a>.t::o~"'~Cl - Sou U.2 6 'c;; e~ j '0 CI1 a> C t>.:: ...,.~..... ;::s ~ CI1 I:: go af"P.'O a> ...; 'O..._cSu >;:::~~o.~ Q.)~~J!l~e Cl~CI1.5~o . '0 a> e a> U :=: 'S: c2 ;::s Cl 8 g 0. '0 j g ... ='0<20 a> a> ~... e ~ '0 ~ .~ 0.- I:: - >- o 0. a> C 'O.:;!l ~ 5 8 ~t)=u2: Cl ~ a> ;;.... ~ tl CI1.".::: o\ggu UU a> 1<1 '0 00 .S ... a> a> e CI1 CI) ... o C a> Cl * 00 ~ o ~ 00 o I:: o '(ji 'S: ~ . . . OPTION 2 Preliminary and Final Plat Filed Simultaneously Development Approval Process Step 1: An initial meeting with staff to determine project requirements and possible issues. This meeting serves as a mechanism for the developer to become aware of City development ordinances and standards. · Staff prepares development approval schedule, discusses checklist and informs Developer of associated fees involved in development process. Step 2: Submit schematic plan and corresponding information. The Developer submits the Schematic Plan to the Planning Coordinator along with other pertinent information prior to the review of the project by the Planning Commission. . City 'Staff will< inf()rmtli~ package anci will IlQtify tht( subi:Uissiot1; , ',' peJ:ifdocumentsar~ m1ssingin thesuQ. ,.e oper by fax and mailwitWn5wQrking d . _. ..... ..'''''-'-''''.'._ . ....... ...... ., n' ...... ,'''_ '," __ .., .....,... ..... ..,....... ,.f"'-:":.""'" · If the su,bmission is inco,. '~ePllU1llingCoordinator willret:um the submittal,to the Devt(loper at theeh4. . 'yssubmission review,period and the schem:aticplan will not be scheduled for review by the Planning Commission. Revision 08/20/98 1 . . . Step 3: Review of schematic plan by Development Committee, City Staff and Planning Commission. Step 4: . · The schematic plan is also sent to the Parks and Recreation Commission, Water Board, Heritage Preservation Commission and Housing and Redevelopment Authority, if applicable, for review. This gives the Developer the opportunity to receive feedback from all groups prior to the Planning Commission meeting. Meeting 1 - Schematic Plan is reviewed at Planning Commission meeting. . The Developer submits preliminary and final plat to Planning and Engineering staff with comments addressed from schematic plan process and all required information along with payment of fees. · r4~ , 7Q-.daytilll~ ...limit ..~~,n$>Jor the Planning .:CQmwisston .tP1lct ..u,Writhe preliminary... andfmalplat... following delivery.Qf .a cOJllpletegap~licl:i!iQn . ,.. in compliance witlJ. Section 11 . Chapter 2 of the City.. Code and is. deterinined Jobe complete by the Planning Coordinator and the City Engineer. Revision 08/20/98 2 . . Step 5: . . The Developer shall submit the following documentation prior to the scheduling of a public hearing before the Planning Commission: a) an application for preliminary and final plat, b) fifteen (15) copies of the plat, c) li111, d) five (5) copies of supporting documents e) two (2) copies of final engineering plans f) an abstractor's list of property owners living within three hundred fifty feet (350'), and g) filing fees and surety as specified in the City's annual fee schedule shall be paid. . . . Major engineering and planning issues must also be addressed before the preliminary and final plat is approved at the Planning Commission level and sent to the City Council for review. . Notice of Public Hearing is published 10 days prior to Planning Commission hearing date for preliminary and final plat review as required by Minnesota State statutes. . ,After .city staff bas' determiIledthat the piel~nary .andfinalplat may ~.. sch(?(iuled fora public }learing by the Pl~ingConnnissioll, thePlanlling staff will' distribute the preliminary ilnd final, plat. to affected agencies, .jurisdictions, and. utilities to request comments. The above-mentioned groups have approximately three weeks to Revision 08/20/98 3 . . . Step 6: . Notices are mailed to properties on the abstractor's list to be provided by the Developer and an affidavit of mailed notice is filed as required by Minnesota State statutes. Meeting 2 - Preliminary and Final Plat is reviewed at Planning Commission Public Hearing. . Planning staff prepares report for City Council summarizing review of preliminary and final plat. . . Meeting 3 - Preliminary and Final Plat is reviewed at City Council meeting. Step 7: Preliminary and final plat is reviewed by City Council - Upon approval, resolution provides for acceptance of all agreements for improvements, public dedication and other requirements indicated by City Council. Step 8: . meeting. . City Council adopts resolution approving and authorizing the signing of the final plat contingent upon preparation of the Development Contract. Community Development/Planning and Engineering staff draft Development Contract after information is received from the Developer. Revision 08/20/98 4 . . . . · Developer prepares cost estimates for required developer improvements and City Engineer prepares financial guarantees for Development Contract. · After preparation of agreement, staff forwards the draft Development Contract to the City Attorney for approval. . After approval by the City Attorney, staff forwards the draft to the Developer for review, comment and, if necessary, to arrange for a meeting to work out unresolved Issues. Step 9: Development Contract is placed on consent agenda for City Council to approve. Meeting 4 - Developer's Agreement is reviewed at City Council meeting. Step 10: Developer provides all required fees, final plat documents and signs Development Contract. · Developer provides all required fees, final plat documents, including one full size and one 8 1/2" x 11" mylar of final plat, and signs Development Contract. . Three copies of the Development Contract shall be submitted to the City. Step 11: Final plat is signed by Mayor and Chair of Planning Commission and released to Developer for recording along with certified Development Contract. * * Highlighted text represents new requirements. Revision 08/20/98 5 I TO: City Planning Commission FROM: Lee Smick, Planning Coordinator DATE: July 14, 1998 RE: Revised Development Approval Process Policy The Planning Division has revised the Development Approval Process Policy in order to provide a more streamlined process for reviewing development plans and has created a detailed step-by-step approach to track the development through the process. Attached is the original Development Approval Process that was reviewed and approved by the Planning Commission on June 10, 1997. This version provided a step-by-step approach, however, it did not address preliminary and final plats filed simultaneously or propose time frames for reviewing plats by City staff and outside agencies. As development continues to increase in Farmington, it has become apparent that a more detailed Development Approval Process Policy is required in order to track the platting process, provide a clearer understanding of submittal requirements and time frames for review, and at any time, determine where the plat is in the process. The development process information will be delivered to the Developer at the time of the initial meeting with City staff and any questions concerning the process will be addressed in this meeting. The following is a list of revisions made to the Revised Development Approval Process Policy: 1. The process is divided into two options. Option I is when the preliminary and final plat is filed separately. Option 2 is when the preliminary and final plat is filed simultaneously. City staff determines which Option will be followed. 2. For all submittals to the City, including schematic plan, preliminary plat, final plat or other required documents, City staff will inform the Developer by fax and mail if any items are missing from the submittal within 5 working days after the submission. If information is missing, City staff will return all submittal information to the Developer by the end of the 5-day period. If all information required has been included, City staff will inform the Developer by fax and a mailed letter that review of the project will commence. . 3. Any required information such as and Environmental Assessment Worksheet, Floodplain Study, MUSA approval or other information required by outside agencies should begin before or shortly after the schematic plan submittal and must be completed before the preliminary plat is scheduled for a public hearing at the Planning Commission. ... CitlJ. of FarmintJton 325 Oak Street. Farmini}tonl MN 55024 · (612) 463-7111 · FaJr (612) 463-2591 . . . 4. When the preliminary and final plat is filed separately, the time frame for review by City staff for a schematic plan is three weeks. City staffhas five weeks to review the preliminary plat and schedule a public hearing at the Planning Commission and staff has three to four weeks to review the final plat and schedule a meeting at the Planning Commission 5. When a preliminary and final plat is filed simultaneously, the time frame for review by City staff for a schematic plan is three weeks. City staff has five weeks to review the preliminary and final plat and schedule a public hearing at the Planning Commission and staff has four weeks to review the preliminary and final plat and schedule a meeting at the City Council. 6. Engineering construction plans need to be substantially complete as determined by the City Engineer before the City Council reviews preliminary and final plat. 7. The Developer has 75 days after final plat approval to record the plat. The Developer may request an extension if submitted in writing and is reviewed by the City Council. However, a request for a time extension may be allowed only once in the final plat process. 8. The Developer may begin grading of the site once the Development Contract is executed. No building permits will be issued for construction of any structure on any lot on any plat until the City has received evidence of the plat being recorded by Dakota County. It is important to note the expectations of both the Developer and City staff throughout the Development Approval Process. Those include the following: The Developer's expectations of staff, as a short-term customer in the development planning process, has needs related to: 1. timely process approvals, which includes eliminating unnecessary delays; 2. expecting that information on City Development processes is received in a timely manner from staff; 3. expecting reasonable time schedules to submit information and receive staff feedback on development proposals in a reasonable amount of time; 4. marketing an attractive and affordable housing product; and 5. minimizing unnecessary costs associated with their respective development proposal. Conversely, staffs expectations of the Developer, as customer, is the following: 1. that information requested by staff is submitted in an acceptable format for review; 2. that information requested is submitted in a timely manner to allow staff adequate time to review the information and the recognition that the respective 'developer's proposal is one among many and will be reviewed in the order received; 3. that as questions and/or issues emerge during the review process that the developer provide responses in a timely and appropriate manner; 4. that the developer is responsible for preparing the plat in accordance with explained City Code provisions and acceptable manner; . . . 5. that the developer conduct him/herself in a courteous, professional manner 6. that plat submittals and supporting engineering information be provided to staff by the Developer's project staff without excessive staff inquiries and telephone calls concerning the timeliness of the information requested; 7. and finally, that developers be held accountable for their portion of the information requested and that their failure to do so will ultimately result in delays in the private development planning review and approval process. In revising the Development Approval Process Policy, City staff is certain that the above issues are addressed in a detailed process that will allow increased communication between the City and the Developer concerning the status of the development. As other issues come up in the process that require revisions, the Planning Division will once again review the process and propose additional revisions to the Planning Commission and City Council. As stated above, the revised development process will further streamline reviews of the project and insure that the Developer and the City are producing and receiving quality developments. Requested Action: Review the attached Revised Development Approval Process Policy and make recommendations to the Planning Division concerning the process. . . . Step 1 Step 2 Step 3 Step 4 Step 5 CITY OF FARMINGTON Development Approval Process (Approved June 10, 1997) An initial meeting with staff to determine project requirements and possible issues. This meeting serves as a mechanism for the developer to become aware of City development ordinances and standards. Staff also prepares development approval schedule, discusses checklist and informs developer of associated fees involved in development process. Submit schematic plan and corresponding information. The Developer submits the Schematic Plan to the Planning Coordinator along with other pertinent information. Review by Development Committee and City Staff - Review proposal at Planning Commission meeting. Planner reviews the proposal with the Development Committee, City Staff and Planning Commission to provide all groups the opportunity to become familiar with the project prior to formal action or public hearing. Schematic plan is also sent to the Parks and Recreation Commission, Water Board and Housing and Redevelopment Authority if applicable for review. It gives the developer the chance to receive feedback prior to the expense of detailed plan preparation on projects that may need substantial revision before formal approval is given. City staff determines if the preliminary and final plat shall be reviewed separately in the review process or simultaneously. Meeting 1 - Schematic Plan is reviewed at Planning Commission meeting. Developer submits preliminary plat to Planning and Engineering staff with comments addressed and all required information along with payment of fees - 70 day time limit begins. The developer shall submit a) an application for preliminary plat, b) fifteen (15) copies of the plat, c) five (5) copies of support documents, d) an abstractor's list of property owners living within three hundred fifty feet (350'), and, e) filing fees and surety as specified in the City's annual fee schedule shall be paid prior to scheduling a public hearing before the Planning Commission. All of this information must be included in the submission in order for the Planning Commission to act upon the preliminary plat. Major engineering and planning issues must also be addressed before the preliminary plat is approved at the Planning Commission level and sent to the City Council for review. The 70 day time limit for reviewing and approving the preliminary plat at the Planning Commission level begins when all of the above information along with engineering and planning issues are addressed. An extension may be granted if the developer submits written letter to City requesting time extension. Notice of Public Hearing is published 10 days prior to Planning Commission hearing date for preliminary plat review. Notice of public hearing is mailed to properties on . . . abstractor's list and affidavit of mailed notice is filed. Planning staff notifies affected agencies, jurisdictions and utilities and requests comments concerning preliminary plat. Step 6 Planning Commission Public Hearing for preliminary plat with all issues resolved, recommends plat be sent to City Council. Planning Commission does not take action on preliminary plat until all information is submitted and all issues are addressed. If approved, Planning Commission recommends plat be sent to City Council. Meeting 2 - Preliminary Plat is reviewed at Planning Commission Public Hearing. Step 7 Planning staff prepares report for City Council concerning review of preliminary plat at City Council. Step 8 Preliminary plat is reviewed by City Council - Upon approval, resolution for preliminary plat is adopted. City Council reviews preliminary plat and adopts resolution for preliminary plat upon approval or disapproval of plat. The public may ask questions or voice concerns at this meeting. The City Council has 50 days to review the plat once all information is submitted to the City Council. Meeting 3 - Preliminary Plat is reviewed at City Council meeting. Step 9 Developer prepares final plat and submits to Planning Coordinator along with payment of fees. The developer submits a final plat of any portion that was not recorded by providing twelve (12) copies of the final plat and two (2) copies of all final engineering drawings. Planning and Engineering staff reviews and prepares agenda report materials on the plat. Step 10 Planning Commission reviews final plat and sends recommendations to City Council. Planning Commission reviews plat and forwards recommendation to the City Council. Meeting 4 - Final Plat is reviewed at Planning Commission meeting. Step 11 Final plat is reviewed by City Council - Upon approval, resolution provides for acceptance of all agreements for improvements, public dedication and other requirements indicated by City Council. City Council adopts resolution approving and authorizing signing of plat contingent upon preparation of developer's agreement. Meeting 5 - Final Plat is reviewed at City Council meeting. Step 12 Developer's Agreement is drafted by Community Development/Planning and Engineering staff Developer prepares cost estimates for required developer improvements and City Engineer prepares financial guarantees for developer's agreement. After preparation of agreement, staff forwards draft developer's agreement to City Attorney for approval. After approval by City Attorney, staff forwards draft to . . . developer for review, comment and, if necessary, to arrange for a meeting to work out unresolved issues. Step 13 Developer's Agreement is included on consent agenda and approved by City Council upon approval of developer. Developer's Agreement is reviewed and upon approval of developer, City Council approves Developer's Agreement. Meeting 6 - Developer's Agreement is reviewed at City Council meeting. Step 14 Developer provides all required fees, final plat documents and signs developer's agreement. Developer provides all required fees, final plat documents, including one full size and one 8 1/2" x 11" mylar of final plat, and signs developer's agreement. Three copies of agreement are required to be submitted to City. Step 15 Final plat is signed by Mayor and Chair of Planning Commission and released to developer for recording along with certified Developer's Agreement. The final plat must be approved within 60 days of approval by City Councilor plat automatically becomes approved. CITY OF FARMINGTON DEVELOPMENT APPROVAL PROCESS . 1. Initial meeting with staff to I' .Denotes meeting date detennine project & possible I issues 1 2. Submit schematic plan & 1 corresponding infonnation 3. Review by development committee & staff - Review proposal at Planning 4. Developer submits Commission meeting preliminary plat to Planning & Engineering staff with 1 comments addressed and all required infonnation along 5. Notice for Public Hearing is with payment of fees - 70 day published 10 days prior to time limit at PC begins Planning Commission hearing 6. Planning Commission date for preliminary plat review Public Hearing for preliminary plat with all issues resolved, 1 recommends plat be 7. Planning staff prepares report sent to City Council for City Council concerning review of preliminary plat at City 1 Council 8. Preliminary Plat is reviewed by City Council - 50 9. Developer prepares final plat day time limit begins - Upon and submits to Planning approval, resolution for Coordinator along with payment preliminary plat is adopted of fees J 1 II. Final Plat is reviewed by 10. Planning Commission City Council- Upon approval, reviews final plat and sends resolution provides for recommendations to acceptance of all agreements for City Council improvements, public dedication and other requirements indicated .. by City Council 12. Developer's Agreement is drafted by CD/Planning 13. Developer's Agreement is & Engineering staff included on consent agenda and I approved by City Council upon ~ approval of developer 14. Developer provides all 15. Final Plat is signed by required fees, final plat Mayor and Chair of Planning documents and signs Commission and released to I developer's agreement developer for recording along with certified Developer's Agreement . . / .. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 . www.cLfarmington.mn.us TO: City Planning Commission FROM: David L. Olson Community Development Director SUBJECT: City Council / Planning Commission Workshop Dates DATE: August 11, 1998 The City Council suggested the following two dates as possible joint work shop dates: Wednesday, September rd at 7:00 pm Wednesday, September 9th at 7:00 pm . ACTION REOUESTED The Commission should indicate to staff which date is preferred and this will be forwarded to the City Council at their August 17th meeting. Respectfully submitted, ~~~ Community Development Director cc: John F. Erar, City Administrator .