HomeMy WebLinkAbout08.11.98 Planning Packet
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AGENDA
PLANNING COMMISSION
Regular
August 11, 1998
7:00 P.M.
Council Chambers
325 Oak Street
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) July 14, 1998
3. PUBLIC HEARINGS
None
4. DISCUSSION
. a) Meeting with Heritage Preservation Commission
b) Troyhills 2nd and 4th Additions - Berm Resolution
c)
Special Neighborhood Meeting - Glenview Townhomes & Commercial Plat
5.
ADJOURN
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463..7111 Fax (651) 463-2591
www.d.farmington.mn.us
TO:
Planning Commission Members
Lee Smick, Planning Cnordinator ..f).fJ
FROM:
DATE:
August 11, 1998
RE:
Meeting with Heritage Preservation Commission
INTRODUCTIONIDISCUSSION
The Heritage Preservation Commission (HPC) has requested the opportunity to speak
with the Planning Commission concerning preservation in the community and the
possibility of working together to reach common goals in the development of the City.
Topics discussed may include the following:
1. Preservation in the downtown area through the assistance by the HPC of the review of
new development plans.
2. The development of architectural standards for the downtown area.
3. Information gathering for both commissions in order to create a better understanding
of the duties and responsibilities of each group.
The HPC has received invitations to the August 11 th meeting to discuss the above topics
along with other issues, and they are grateful for the opportunity to begin working with
the Planning Commission.
ACTION REQUESTED
No action requested.
Respectfully Submitted,
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Lee Smick, AICP
Planning Coordinator
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463~7111 Fax (651) 463-2591
www.ci.farmington.mn.us
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TO:
Planning Commission Members f)
Lee Smick, Planning Coordinator f)J
FROM:
DATE:
August 11, 1998
RE:
Troyhills 2nd and 4th Additions Berm Resolution
INTRODUCTIONIDISCUSSION
The residents of Troyhills 2nd Addition recently met with the Developer, Fritz Van Nest,
to determine a resolution to erosion problems in their backyards along 1901h Street. In
April of 1998, Mr. VanNest received a letter from the Engineering Division to complete
any punchlist items, including the construction of a berm along the south side of 190th
Street, for the 2nd Addition by June 30, 1998 (see attached April 7th letter).
. As the completion date approached, some residents along the berm notified City staff that
they were not interested in having the berm installed. They stated that if the berm was
constructed as planned, potential problems such as ponding of water in backyards,
erosion of the embankment to the east, the need to remove established sod in some yards
during construction and the decrease in back yard areas due to the berm's height
requirement all combined created a deterrent to the installation of the berm.
The residents, developer and City staff met on July 16th and determined that the best
solution would be to modify the berm to allow for three to four outlets to divert drainage
to 1901h Street rather than draining water towards the east and down the embankment to
the pond (see attached July 24th letter). Currently, the storm runoff has eroded the
embankment and has caused considerable damage to the trail below the embankment. By
diverting the runoff to the street, most of the erosion down the embankment would be
eliminated (see proposed plan). The berm grading began on July 31 sl and it is expected to
take at least two weeks for the grading and establishment of the ground cover to be
completed.
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The Engineering division also reviewed the proposed berm along 190th Street in Troyhills
4th Addition and has determined that there is a need for a similar outlet at this berm to
better divert the drainage for backyards abutting the berms. The Engineering staff has
determined that one outlet would be sufficient to divert water drainage to I 90th Street and
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reduce potential ponding problems in backyards in this area. Berm material has already
been placed in this area and further grading will continue through the fall. .
ACTION REQUESTED
No action requested, informational only.
Respectfully Submitted,
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Lee Smick, AICP
Planning Coordinator
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April 7, 1998
Mr. Fritz Van Nest
Builders Development
1055 E. Wayzata Blvd
P.O. Box 637
Wayzata, MN 55391
Re: Troyhills 2nd Addition
Completion of PuncWist and Project Closeout
Dear Mr. Van Nest:
The Development Agreement for Troyhills 2nd Addition was signed on May 6, 1996. The completion date
set for this project was September 1, 1997. This project is not as yet completed. It is the City of
Farmingtons goal, in partnership with the Development Community, to see quality developments occur in
Farmington in a timely manner. The City of Farmington and the Development Community need to work
together to complete and closeout projects in the time frames established by their respective Development
Contracts.
As the September 1, 1997 completion date for Troyhills 2nd Addition was not met, the City of Farmington
would like to see the project closed out this Spring. Therefore, it will be required that all attached punchlist
items be completed prior to June 30, 1998. If the attached puncWist items are not completed by June 30,
1998, the City of Farmington will consider the developer to be in default of the Development Contract. As
specified in the Development Contract, sections 26 and 30, the City of Farmington has the right and
responsibility to see that the remaining work is completed in a timely manner. Therefore, if the work is not
completed by June 30, 1998, the City will retain the services of a contractor to complete the punchlist items
and will draw from the current letter of credit to provide payment for the work completed (refer to item 26
of the development contract). The current letter of credit is in the amount of $246,593.00.
Upon completion of Troyhills 2nd Addition, either by developers forces or contractors retained by the City,
the project will be recommended to the City Council for acceptance, and the warranty period will begin.
Citl) of Farmint}ton 325 Oak Street · FarmintJton, MN 55024 · (612) 463-7111 · Fax (612) 463-2591 /
If you have any questions or comments, or feel the dates stated above are unreasonable, please feel free to
contact me at 463-1602.
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SincerelY'!YJ;{ LL
David R. Sanocki
City of Fannington Engineering Division
cc: John Erar, City Administrator
Karen Finstuen, Administration
Lee Mann, Director of Public Wodes/City Engineer
Dane Swenson, Builders Development & Finance, Inc.
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
July 24, 1998
Fritz Van Nest
Builders Development
lOSS E. Wayzata Blvd
P.O. Box 637
Wayzata, MN 55391
RE: Troyhills 2nd Berm (South side of I 90th Street)
Dear Mr. Van Nest:
At our meeting with the residents on Thursday, July 16, 1998 we discussed three potential options that could
be done with the berm grading on the south side of I 90th Street.
Option # I would involve placing the berm as shown on the approved grading plan.
Option #2 would involve a slight modification of the approved berm on the grading plan. A smaller
berm would be graded with three to four outlets that divert drainage out to 190th Street.
Option #3 would involve eliminating the berm in its entirety and diverting drainage out to 190th
Street. It was indicated that if the berm were removed, no additional trees, beyond the approved
landscaping plan, would be added to the project. If this option were preferred, it would involve going
back to the Planning Commission and City Council for approval.
The residents and you indicated that option #2 would be the most preferred option. Builder's Development
will arrange to survey the existing conditions and propose grading for the berm. Upon review and approval
by the City, a meeting will be set up with the residents to explain the berm grading in detail and project
schedule.
It is anticipated that the next resident meeting will be held the week of July 27th to discuss the project in
detai I.
Sincerely, aJ r R j ~
IJ~"-i ../L
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David R. Sanocki
City of Farmington Engineering Division
cc: Lee Mann, Director of Public Works/City Engineer
Jerry Auge, City of Farmington Engineering Division
Lee Smick, City of Farmington Planning Division
Craig Schlawin, City of Farmington Planning Commission
Kim Bolleson, 5781 191st Street
Rosetta Duff, 5793 191st Street
Karen Gradinier, 5827 1918t Street
Janelle Johnson & Leon White, 5843 191 st Street
George & Becky Gilmour, 463-7977
Dan & Heather Moulin, 5751 1918t Street
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7lJ 1 Fax (651) 463-2591
www.cLfarmington.mn.us
TO:
City Planning Commission
FROM:
David L. Olson
Community Development Director
SUBJECT:
Neighborhood Meeting - Residents Adjacent to Glenview Townhomes
DATE:
August 11, 1998
INTRODUCTION
The City Council requested that a neighborhood meeting be held with residents in the
vicinity of Glenview Townhomes Subdivision. While the legal requirements of the
notice requirements had been met by the "good faith" effort that was made previously to
notify property owners, the decision was made to the give the residents the courtesy of
being able to comment and ask questions regarding this development
DISCUSSION
It was brought to the attention of City staff just prior to the August 3rd City Council
meeting that 18 property owners within the 350 foot radius of the Glenview development
did not receive notice of either the rezoning or preliminary plats. The City's ordinance
requires that the developer provide the City with a certified list of property owners within
350 feet and that this list be prepared by a certified abstract and title company. ~le the
developer in this case utilized a certified abstract company, nineteen property owners
failed to receive the required notice.
The City Council decided to table action on the proposed final plat for two weeks to
allow an opportunity for a meeting to be held with these concerned residents. The
neighborhood meeting is intended to allow residents to ask questions regarding the
proposed development It is not the intention to "re-open" the public hearing or to revisit
the previous recommendation from the City Council on this final plat
But rather the intent was to attempt to answer resident questions and forward any
comments to the City Council for their August 17th meeting. These comments could then
be considered by the City Council in their action regarding the final plat. The Planning
Commission meeting will simply be the forum for these residents to be heard and the
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Planning Commission Chair will ensure that the meeting takes place in an orderly
manner.
ACTION REOUESTED
No specific actions are being requested from the Planning Commission since their
recommendation was previously forwarded to the City Council.
avid L. Olson
Community Development Director
cc: Tim Giles
Community Partners Designs
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From:
Sent:
To:
Subject:
Joel Jamnik
Monday, August 10, 1998 1 :24 PM
Dave Olson
RE: Mtg with residents adjacent to Glenview Townhomes
Dave,
tIt is my opinion that it is both legal and appropriate for the Planning Commission to forward neighborhood comments and
concerns, as well as any new concerns or recommendations rrom Planning Commission members themselves which are
generated by the meeting tomorrow night, to the Council for their review/consideration.
Part of any evaluation of government actions involving errors in providing notice is the practical effect of the error and also
the governmental unit's good faith efforts to comply with the notice requirements. Both of these factors will be significantly
affected by the neighborhood meeting. If the neighbors who were omitted from the hearing have a meaningful opportunity
for input they will have no basis for claiming they were damaged by the earlier lack of notice and/or opportunity for a
hearing, or that the city in any way acted in bad faith.
,Consequently, I recommend that the planning commission conduct the meeting much like a hearing, offering any person who
wants to speak or provide written testimony an opportunity to do so. I would also recommend that if the planning
~ommission has any advice for the Council regarding plat modifications or changes as a result of the meeting that they
forward those items to the Council. Having said that, however, the planning commission should rerrain rrom ignoring their
previous review of the proposal. Any significant (or costly) changes which are recommended to the Council may provide a
basis for the Developer to challenge the process. While any challenge would be substantially weakened by the Developer's
role in selecting the abstract company which prepared the incomplete notification list, this factor does not preclude a
challenge of city actions should they be found to be unfair or extreme.
In short, the Planning Commission should conduct the meeting as they always do, in a fair and impartial manner with
. . sensitivity to the rights and opinions of all parties within the framework provided by the city's official controls and
., development standards.
Please contact me if you need any additional information. Joel
-Original Message-
From: Dave Olson
Sent: Thursday, August 06,199810:51 AM
To: Joel Jamnik
Cc: John Erar; Lee Smick
SUbject: Mtg with residents adjacent to Glenview Townhomes
Joel,
As you and I discussed yesterday, we are planning to have the neighborhood meeting on this issue after the
regular Planning Commission meeting on Aug. 11th. We will list this special meeting on the agenda and
comply with the open meeting law requirements.
A question has come up regarding this process which the Planning Commision Chair and I both feel requires
a legal opinion which we would like in writing by Monday sometime.
The question is: Is it appropriate and/or legal for the Planning Commission to forward any additional
comments to the City Council regarding this development based on the comments received from the
residents? They realize that this matter is not being reopended and the legal public hearing has taken place
and the Planning Comm. has previously forwarded their recommendation. However if comments are made by
the residents which the Planning Comm. members feel should be considered by the City Council, can or
should they concur with these comments and forward them to the Council.
For practical purposes, these issues are likely to be construction or amenity issues as opposed to platting
issues.
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Please prepare an opinion on this question. You can e-mail it to me and I will provide it to the Planning
Commission members prior to their meeting. John has also suggested that it be a good idea if you could
attend this meeting next Tuesday. Please let me know if that is possible.
Dave
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