The URL can be used to link to this page

Home My WebLink About02.19.02 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 A Proud Past - A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers AGENDA REGULAR CITY COUNCIL MEETING February 19, 2002 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Present Skatepark Grant - Ryan Bernhagen and Adam Garcia b) Introduce New Employee - Parks and Recreation Accepted Introduced 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open/or Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (2/4/02 Regular) b) Approve Traffic Control - Various Locations - Engineering c) Approve Joint Powers Agreement ISD 192 - Police Department d) Capital Outlay - Engineering e) Capital Outlay - Fire t) Consider Resolution - Approve Clerical, Technical, Professional Contract- Administration g) Consider Resolution - Approve Maintenance Contract - Administration h) Consider Resolution - Approve Gambling Event Permit - Administration i) Appointment Recommendation Fire Department - Administration j) School and Conference - Administration k) Approve Bills Approved Approved Approved Information Received Information Received R09-02 R10-02 Rll-02 Approved Information Received Approved 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Resolution - Vermillion Grove 2nd Addition Final Plat - Community Development R12-02 b) Consider Resolution - Approve PUD Schwiness Commercial Project - Community Development c) Council Photograph and Individual Photos - Administration 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Zoning Code Update - Community Development 13. COUNCIL ROUNDTABLE 14. ADJOURN R13-02 Information Received Ord 002-469 Ord 002.470 City of Farmington 325 Oak Street Farmington, MN 55024 A Proud Past - A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers AGENDA REGULAR CITY COUNCIL MEETING February 19,2002 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Present Skatepark Grant - Ryan Bernhagen and Adam Garcia b) Introduce New Employee - Parks and Recreation 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Openfor Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (2/4/02 Regular) b) Approve Traffic Control - Various Locations - Engineering c) Approve Joint Powers Agreement ISD 192 - Police Department d) Capital Outlay - Engineering e) Capital Outlay - Fire t) Consider Resolution - Approve Clerical, Technical, Professional Contract- Administration g) Consider Resolution - Approve Maintenance Contract - Administration h) Consider Resolution - Approve Gambling Event Permit - Administration i) Appointment Recommendation Fire Department - Administration j) School and Conference - Administration k) Approve Bills 8. PUBLIC HEARINGS 9. AWARDOFCONTRACT Action Taken Page 220 Pages 221-224 Pages 225-227 Pages 228-230 Page 231 Page 232 Pages 233-234 Pages 235-236 Pages 237-238 Page 239 Page 240 Page 241 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Resolution - Vermillion Grove 2nd Addition Final Plat - Community Development Pages 242-251 b) Consider Resolution - Approve PUD Schwiness Commercial Project - Community Development c) Council Photograph and Individual Photos - Administration 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Zoning Code Update - Community Development 13. COUNCIL ROUNDTABLE 14. ADJOURN 5a... City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: M C '1 b C' dm' .q~ l ayor, OunCI mem ers, Ity A Imstrator FROM: Jim Bell, Parks and Recreation Director SUBJECT: Accept Skate Park Grant DATE: February 19, 2002 INTRODUCTION A Dakota County Grant has been awarded to the City for the proposed skate park. DISCUSSION This past year students from the Farmington School District have been trying to raise funds for a skate park. The skate park is being planned for the Middle School Rink area. The students, with City and Project Northland help, applied for a grant from Dakota County. The grant in the amount of $2,500 has been awarded to the City and School District for amenities such as instructional training and materials, signage and safety items. Ryan Bernhagen and Adam Garcia will be at the Council Meeting to present the grant to the City. ACTION REOUESTED Accept the grant dollars from the students for the skate park and place it in the City skate park fund. Respectfully submitted, ?6~ Jim Bell Parks and Recreation Director c51~O 7a... COUNCIL MINUTES REGULAR February 4, 2002 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7 :00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Ristow, Cordes, Soderberg, Strachan Verch Matt Brokl, Acting City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Lee Mann, Director of Public W orkslCity Engineer; Karen Finstuen, Administrative Services Manager; Brenda Wendlandt, Human Resources Manager; Cynthia Muller, Executive Assistant Gregory Blandin, Laura Adelmann, Tammy Nienaber, Michelle Leonard 4. APPROVE A GENDA Mayor Ristow pulled item 7a) Council Minutes 1/22/02 Regular so he could abstain from voting as he was absent from that meeting. MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. S. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Soderberg, second by Cordes approving Council Minutes (1/22/02 Regular). Voting for: Cordes, Soderberg, Strachan. Abstain: Ristow. MOTION CARRIED. MOTION by Soderberg, second by Strachan to approve the Consent Agenda as follows: b) Adopted RESOLUTION ROS-02 approving LELS Contract -Administration c) Approved Change Order - City Facilities Project - Engineering d) Approved Findings of Fact - Sign Appeal- Community Development e) Approved Appointment Recommendation Parks and Recreation - Administration t) Accepted Grant Dakota Electric - Finance g) Adopted RESOLUTION R06-02 Approving Contingency Plan - Administration h) Approved Bills APIF, MOTION CARRIED. c;;J0I/ Council Minutes (Regular) February 4, 2002 Page 2 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT a) Consider Resolution - Middle Creek Trunk Sanitary Sewer and Water Main Extension Project - Engineering Bids were received for this project on January 24, 2002. SJ. Louis Construction submitted the low base bid in the amount of$438,181.50, and alternate #1 in the amount of$11,000.00. The total construction cost of the project is $449,181.50. Alternate # 1 provides for re-mobilization costs if the easements for the project are not acquired in the time frame necessary for the contractor to finish the water main work in the easement areas at the same time as the rest of the work. The contractor has agreed to a completion date of no later than June 30, 2002. The total estimated project cost including contingencies and legal, engineering and administrative costs based on the bid is $627,600. The costs for the trunk sanitary sewer and water main would be financed from the City's trunk Sewer and Water funds. A small percentage of the water main costs are attributed and allocated to the new elementary school for improvements related to their water service. MOTION by Soderberg, second by Cordes adopting RESOLUTION R07-02 accepting the base bid and alternate #1 ofS.J. Louis Construction, Inc., awarding the contract, with the change to the completion date to be no later than June 30, 2002, in the case that the easements are ultimately acquired through eminent domain. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Tammy Nienaber - East Farmington Homeowners Association Ms. Tammy Nienaber, 1012 Walnut Street, attended on behalf of the East Farmington Homeowners Association. She wanted to bring to Council's attention letters that had been sent to the City regarding responsibility for boulevards and other areas that are part of the Prairie Waterway. The association was unclear as to what the association would maintain and what the City is responsible for. She wanted the association's questions responded to in a timely manner. They sent the letters in November or December and received a response January 28, 2002, which addressed the issue of snow removal on one street that is considered a private drive. She does not know how the association stands as they have not reviewed the letter. In 1999 there was an agreement with the developer to change the drainage easements in the park. It then became the association's responsibility to maintain the waterways. The association would like documentation for this, as it can become a costly item for the association to pay for. The association considers the waterways to be something the City would take care of. The association was started in the mid-1990's. The developer turned the association over to the homeowners January 2001. If there are any changes to the original PUD between the developer and the City, she would like the documentation provided to the association. Staff will respond through the association's attorney. ~ Council Minutes (Regular) February 4, 2002 Page 3 b) Recreational Vehicles Discussion Workshop - Community Development There will be a joint Planning Commission/City Council workshop on February 20, 2002 to discuss the control of recreational vehicle parking within residential neighborhoods. c) Traffic Calming Workshop - Engineering There will be a Council Workshop on February 20, 2002 to discuss traffic calming methods. d) City Hall Facility Discussion Workshop - Administration There will be a Council Workshop on February 20, 2002 to discuss the immediate, short-term and long-term needs of the City Hall facility. The discussion is due to the upcoming departure of the police department to its new facility . e) December 2001 Financial Report - Finance Council received the December 31, 2001 report. These are preliminary year-end numbers and subject to audit. Revenues exceeded budget by approximately $300,000. Expenditures are approximately $100,000 below budget. The General Fund balance is 43% of annual expenditures for 2001. This is what the City will use to fund the first six months of activity until the first tax settlements are received. t) LMC Legislative Conference - Administration This annual legislative conference for elected and appointed officials will be held February 28, 2002. The budget shortfall projected by the state will be discussed. City Administrator Shukle and Finance Director Roland will be attending. The Council was encouraged to attend as well. 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Consider Resolution - 2002 Seal Coat Project Feasibility Report - Engineering This is the ninth project in the City's seal coat program, which is implemented in a 7-year cycle. Streets included in the project are East Farmington 3r and 4th Additions, Hillview Addition, Terra Addition, Dakota County Estates 2nd through 5th Additions, Henderson Addition, various downtown streets and the 2nd Street parking lot. Several streets have already been assessed seal coating costs through their respective development contracts. The property owners benefiting from the improvements to the remaining streets would be assessed for the project costs. The remainder of the costs would be funded through the Road and Bridge Fund. The total estimated project cost is $101,000. The City's special assessment policy indicates a 50/50 cost sharing split between the City and the benefiting properties. The estimated assessment based on the estimated project costs and the City's =ldf3 Council Minutes (Regular) February 4, 2002 Page 4 special assessment policy is $65.41 per residential equivalent unit. MOTION by Strachan, second by Cordes adopting RESOLUTION R08-02 receiving the feasibility report, authorizing the preparation of plans and specifications and scheduling a public hearing for March 4,2002. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Council member Strachan: The lights on the curve on Akin Road are a big improvement. The 2nd layer of asphalt on Akin Road will be laid in the spring along with re-striping. The 2001 ALF report is available. Mayor Ristow received a letter from an Akin Road resident and forwarded it to staff. Mayor Ristow: He has received a lot of questions regarding the Ash Street Project. City Engineer Mann replied he and the Castle Rock engineer are working on it. Recommendations should be brought to Council in a month. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 7:27 p.m. APIF, MOTION CARRIED. Respectfully submitted, [f----~Ld-' ?r?~ Cynthia Muller Executive Assistant ~;;2 t./ 7b City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us TO: f~, Mayor, Councilmembers, City Administrator " FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Traffic Control Recommendations - Emerald Trail & Elkwood Avenue - Empire Trail & Upper 1820d Street DATE: February 19th, 2002 INTRODUCTION Staff has received a request to review traffic at the above referenced intersections. The intersections of Emerald Trail & Elkwood Avenue and Empire Trail & Upper 18200 Street currently have no stop or yield sign control. 2-way stop signs are recommended on Empire Trail at 18200 Street and yield signs are recommended on Elkwood Avenue at Emerald Trail. DISCUSSION Attached is the traffic engineer's recommendation regarding the proposed stop signs and yield signs at the subject intersections. Staff concurs with the traffic engineer's recommendations. At the intersection of Elkwood Avenue and Emerald Trail both stop signs and yield signs are considered acceptable traffic control. In such a situation, staff prefers yield signs over stop signs based on the heightened sense of awareness that yield signs tend to create in contrast to the false sense of security that stop signs may tend to create. BUDGET IMPACT The cost to install the recommended signage falls within the 2002 budget. ACTION REOUESTED Approve the installation of 2-way stop control on Empire Trail at 18200 Street and yield signs on Elkwood Avenue at Emerald Trail. ~;~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file Mark Tilc, 18272 Emerald Trail, Farmington ~~5 ~ - 1\11 Bonestroo Rosene Anderlik & Associates Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E. . Marvin L. Sorvala, P.E. . Glenn R. Cook, P.E. . Robert G. Schunicht, P.E. . Jerry A. Bourdon, P.E. Senior Consultants: Robert W. Rosene. P.E. . Joseph C. Anderlik, P.E. . Richard E. Turner, P.E. . Susan M. Eberlin, C.P.A. Associate Principals: Keith A. Gordon, P.E. . Robert R. Pfefferle. P.E. . Richard W. Foster, P.E. . David O. Loskota, P.E. . Mark A. Hanson, P.E. . Michael T. Rautmann, P.E. . Ted K. Field, P.E. . Kenneth P. Anderson, P.E. . Mark R. Rolfs, P.E. . David A, Bonestroo, M.B.A. . Sidney P. Williamson, P.E., L.S. . Agnes M. Ring. M.BA . Allan Rick Schmidt. P.E. . Thomas W. Peterson, P.E. . James R. Maland, P.E. . Miles B. Jensen. P.E. . L. Phillip Gravel III, P.E. . Daniel J. Edgerton, P.E. . Ismael Martinez, P.E. . Thomas A. Syfi<o. P.E. . Sheldon J. Johnson' Dale A. Grove, P.E. . Thomas A. Roushar, P.E. . Robert J. Devery, P.E. Offices: SI. Paul, SI. Cloud, Rochester and Will mar, MN . Milwaukee, WI. Chicago. IL Engineers & Architects Website: www.bonestroo.com MEMORANDUM TO: Tim Gross Assistant City Engineer FROM: Bryant Ficek Sheldon Johnson DATE: January 17,2002 SUBJECT: Review of Intersections for Potential Stop Sign Installation Project No. 141-99-101 Pursuant to your request, we have analyzed the current conditions at the intersections of Emerald Trail/Elkwood Avenue and Empire Trail/Upper 182nd Street in the Dakota County Estates. This memorandum provides the results and recommendations of our analyses. Emerald Trail and Elkwood Avenue is an intersection of two residential streets. Emerald Trail is an east-west roadway providing access from 180th Street W to Echo Drive, completely within the Dakota County Estates boundaries. Elkwood Avenue is a north-south roadway, also completely within the Dakota County Estates boundaries, providing access from Upper 182nd Street W to Upper 183rd Street W. No traffic control is currently present at this intersection and many of the surrounding intersections are also without traffic control. Trees are in every corner of the intersection as well as a row of shrubs in the northeast corner. While these plantings do not currently significantly restrict sight distance, full bloom in the summer could lead to a potential sight distance deficiency. In addition, the close house and driveway in the southwest corner could also present sight distance difficulties, especially with a full-sized vehicle parked in the driveway. These potential sight distance problems would justify two-way stop sign control at this intersection. Since Elkwood Avenue is shorter with less access, stop signs should be installed on this roadway requiring traffic to stop. Traffic on Emerald Trail would be given right- of-way without the need to stop. All-way stop sign control at this intersection is not justified or needed. Given the local designation and the limited access of both roadways within the Dakota County Estates, the vast majority of drivers at this intersection should be from this development and 2335 West Highway 36. St. Paul, MN 55113. 651-636-4600. Fax: 651-636-1311 d::?c; familiar with the intersection and neighborhood. Thus, most drivers should be aware of the potential for children around this intersection and the need for slower speeds and some caution. This situation creates favorable conditions for yield signs, which can be considered as an alternative to stop sign control. If used, the yield signs should also be installed on Elkwood A venue. Empire Trail and Upper 182nd Street W is also the intersection of two local streets. Upper 182nd Street W provides east-west access from CSAH 31 (Pilot Knob Road) through the Dakota County Estates. Empire Trail provides access from 180th Street W to Embers Avenue and is completely within the Dakota County Estates boundaries. No traffic control is currently present at this intersection. Sight distance at this intersection is restricted by plantings in the northeast and southwest corners, by a house in the southwest corner, and by a yard fence in the northwest corner. As vehicles approach, these objects prevent the driver from a clear view of all approaches to the intersection, creating a potentially hazardous situation. The sight distance restrictions would justify two-way stop sign control at this intersection. Since Upper 182nd Street W provides access to areas outside the Dakota County Estates boundaries, it should be considered the major roadway. Thus, stop signs should be installed on Empire Trail, requiring full stops for motorists on that road and giving right- of-way to Upper 182nd Street W. All-way stop sign control is not justified or needed at this intersection. Please contact me if you have any questions concerning this memo. 2335 West Highway 36 n St. Paul, MN 55113 n 612-636-4600 n Fax: 612-636-1311 C;;.;;7 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7<::" TO: Mayor, Councilme~ers and City Administrator~ 1; FROM: Daniel M. Siebenaler Chief of Police SUBJECT: Joint Powers Agreement ISD 192 DATE: February 19,2002 INTRODUCTION The 2002 budget includes a cooperative effort between ISD 192 and the City of Farmington to install and maintain a Phonemaster system. That project is proceeding on schedule. DISCUSSION The Phonemaster system approved as part of the 2002 budget is an automated telephone dialing system that will allow the City to send emergency information directly to every residence in the city via telephone. After installation of the system all residents could be notified in a matter of two hours with a 30-second message describing the emergency. The City Council authorized a Letter of Agreement in December that allowed the School District to proceed with acquisition of the necessary equipment while a formal Joint Powers Agreement was prepared. Staff has worked with the School District and the City Attorney to prepare the attached Joint Powers Agreement for City Council Review. It outlines the rights and obligations of each entity regarding the Phonemaster System. The Agreement was approved by the School Board for ISD 192 on February 11th. BUDGET IMPACT The Phonemaster system has been purchased by the School District and is being installed. The project is within the budgeted amount. ACTION REQUESTED Consider the attached Joint Powers Agreement for approval. Respectfully submitted, Daniel M. Siebenaler Chief of Police c?cn JOINT POWERS AGREEMENT BETWEEN INDEPENDENT SCHOOL DISTRICT NUMBER 192 AND THE CITY OF FARMINGTON DAKOTA COUNTY This Agreement, entered into on the date last executed below, is by and between the CITY OF FARMINGTON, a Minnesota municipal cOIporation ("City") and INDEPENDENT SCHOOL DISTRICT NUMBER 192, a Minnesota public school cOIporation ("ISD 192"), (collectively referred to as the "Parties"). WHEREAS, the City operates and maintains a police department that as part of its operations desires to provide service and public safety information available to the public, and; WHEREAS, ISD 192 owns and operates an automated phone system capable of serving the police department's needs for automated recordings available to the public regarding public safety information, and; WHEREAS, Minn. Stat. ~ 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power. NOW, THEREFORE, the City and ISD 192 agree as follows: 1. PURPOSE. This Agreement shall establish the responsibilities of the City and ISD 192 in acquiring, operating, and maintaining an automated phone system for the mutual benefit of the parties and residents of Farmington and the Police Department's service area. 2. ACQUISITION COSTS. Upon execution of this agreement, the City shall make a payment of $29.000.00 to ISD 192 for its share of the estimated costs of acquiring and installing the automated phone system. ISD 192 shall be responsible for acquiring and installing the equipment. 3. OPERATION. Following installation, ISD 192 shall be responsible for operating the phone system and shall pay any costs associated with the ongoing operation of the phone system. ISD 192 shall bill the City for an amount equaline: one half of all one:oine: costs associated with operation of the Phonemaster system. The City shall pay this amount within 60 days of receipt for City use of the phone system. The parties by supplemental agreement attached hereto may specify o1;?<7 use and operational procedures for the parties to follow in using the phone system. - '0\ e. e.5POAS\ MAINTENANCE COSTS. ISD 192 shall be;for any maintenance and repair costs, including the cost of insurance and non-insured replacement costs upon damage or destruction. 4. 5. PROCEEDS UPON ABANDONMENT OR SALE. If subsequent to this Agreement ISD 192 chooses to abandon or sell the phone system, with or without provision for a replacement system, ISD 192 shall retain any sale proceeds and shall be under no continuing obligation to the City. 6. TERM AND MODIFICATON. This Agreement shall be effective from the date of execution by both Parties and shall continue indefinitely. The parties by subsequent agreement may modify any provision of this Agreement IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the dates shown. Approved and A~ted this //tLday of .,2002. Approved and Adopted this _ day of , 2002. CITY OF FARMINGTON Mayor Administrator d30 7d City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminlrton.mn.us TO: Mayor, Councilmembers, City Administrator~(. FROM: Tim Gross, P.E., Assistant City Engineer SUBJECT: Public Works Capital Outlay - Pavement Management Program DATE: February 19, 2002 INTRODUCTION The 2002 Budget provides for the acquisition of pavement management software and a laptop computer for the Pavement Management Program. DISCUSSION The pavement management software is called PavementView and is produced by Cartegraph Systems Inc. The software will allow staff to track and rate pavement conditions to better manage maintenance and reconstruction activities. The laptop for use with this software is manufactured by Gateway Computers. The laptop will allow pavement data to be gathered and entered in the field. BUDGET IMPACT The 2002 Capital Acquisition Budget allows $10,600 for equipment and software for the Pavement Management Program. The cost of the software, including training and maintenance agreement, is $7,210.00; and the cost of the laptop computer is $2,996.91. The total cost for both items is $10,206.91. ACTION REOUESTED None. For information only. Re1X' Tim Gross, P .E. Assistant City Engineer cc: file c1..3/ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us }e., ~[ Mayor, Council Members, City Administrator i TO: FROM: SUBJECT: DATE: Robin Roland, Finance Director Capital Outlay - Fire February 19, 2002 INTRODUCTION The Fire Department is purchasing a new vehicle. DISCUSSION The Fire Chief's current vehicle is a 1992 Chevy 5-10 Blazer. During the 2002 budget process, it was identified that an additional vehicle was necessary for the Fire Department due to the age and condition of the Fire Chief's vehicle and due to the needs of the full time Fire Marshall. Staff received three proposals for a suitable vehicle, all under the State Contract. The lowest cost for the 2002 Ford Expedition was from Owatonna Ford at $28,273. BUDGET IMPACT The 2002 Adopted Budget includes $30,000 for the purchase of a vehicle for the Fire ChieflFire Marshall. ACTION REQUIRED For information only. Respectfully submitted, ~:f(J Finance Director d3c::? City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7-r TO: Mayor, Councilmembers, and City Administrator <t: \ FROM: Brenda Wendlandt, Human Resources Manager SUBJECT: AFSCME Clerical, Technical, and Professional Unit Settlement - 2002 DATE: February 19,2002 INTRODUCTION This memorandum has been prepared to update Council on the status of the City's labor settlement with the AFSCME Clerical, Technical and Professional unit. DISCUSSION The City has reached a collective bargaining agreement with the AFSCME Clerical, Technical and Professional bargaining unit effective January 1, 2002. This agreement provides for a two percent (2%) wage adjustment effective January 1 and July 1 for both 2002 and 2003. The City will continue to contribute a flat rate amount for group insurance provided by the City. This contribution amount will be determined as insurance premium rates increase but will generally be no less than $536.00 for 2002 and $563.00 for 2003. BUDGET IMP ACT Settlement costs negotiated with the AFSCME Clerical, Technical, and Professional bargaining unit are within the financial guidelines adopted by Council in the 2002 City Budget. ACTION REOUESTED Adopt the attached resolution ratifying collective bargaining agreement for the Clerical, Technical, and Professional Unit. RespeCtfu1~mitted, . VV/Ut- c-.' Brenda Wendlandt, SPHR Human Resources Manager c:?.30 RESOLUTION NO. R -02 A RESOLUTION APPROVING WAGE INCREASES BETWEEN THE CITY OF FARMINGTON AND AFSCME, COUNCIL 14, LOCAL UNIT 3815 CLERICAL, TECHNICAL, AND PROFESSIONAL BARGAINING UNIT FOR THE CONTRACT YEARS OF 2002 AND 2003. Pursuant to due call and notice, thereof, a regular meeting of the City council of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 19th day of February, 2002 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the City of Farmington recognizes AFSCME as the exclusive bargaining representative under M. S. Chapter 179A, for the clerical, technical and professional classifications identified in the collective bargaining agreement; and, WHEREAS, the City has negotiated in good faith with representatives of AFSCME for the purpose of reaching a collective bargaining agreement for the contract years 2002 and 2003; and, WHEREAS, the settlement terms have been successfully negotiated between the City and the membership of AFSCME, Council 14, Local Union 3815 Clerical, Technical and Professional bargaining unit in accordance with procedures established by law. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington, Minnesota approves the following: 1) A two percent (2%) wage adjustment effective the 1st day of January, 2002 and a two percent (2%) wage adjustment effective the 1st day of July, 2002. 2) A two percent (2%) wage adjustment effective the 1st day of January, 2003 and a two percent (2%) wage adjustment effective the 1 st day of July, 2003. 3) The City shall contribute a flat rate amount for health, dental and life insurance. This rate will be determined as insurance rates increase but shall be no less than $536.00 for 2002 and $563.00 for 2003. Adopted by the Farmington City Council this 19th day of February, 2002. Mayor Attested to the _ day of 2002. City Administrator SEAL d..3 Y City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us o TO: Mayor, Councilmembers, and City Administrator ~ <: FROM: Brenda Wendlandt, Human Resources Manager SUBJECT: AFSCME Maintenance Unit Settlement - 2002 DATE: February 19, 2002 INTRODUCTION This memorandum has been prepared to update Council on the status of the City's labor settlement with the AFSCME Maintenance unit. DISCUSSION The City has reached a collective bargaining agreement with the AFSCME Maintenance bargaining unit effective January 1,2002. This agreement provides for a two percent (2%) wage adjustment effective January 1 and July 1 for both 2002 and 2003. Additionally, there is a wage re-opener for 2003 to discuss possible adjustments pursuant to the compensation study. The City will continue to contribute a flat rate amount for group insurance provided by the City. This contribution amount will be determined as insurance premium rates increase but will generally be no less than $536.00 for 2002 and $563.00 for 2003. BUDGET IMP ACT Settlement costs negotiated with the AFSCME Maintenance bargaining unit are within the financial guidelines adopted by Council in the 2002 City Budget. ACTION REOUESTED Adopt the attached resolution ratifying the collective bargaining agreement for the Maintenance Unit. Respectfully submitted, 8~/~ ~~~/~'6 ~<~..J Brenda Wendlandt, SPHR Human Resources Manager 0"35' RESOLUTION NO. R -02 A RESOLUTION APPROVING WAGE INCREASES BETWEEN THE CITY OF FARMINGTON AND AFSCME, COUNCIL 14, LOCAL UNIT 3815 MAINTENANCE BARGAINING UNIT FOR THE CONTRACT YEARS OF 2002 AND 2003. Pursuant to due call and notice, thereof, a regular meeting of the City council of the City of Farmington, Minnesota was held in the Council Chambers of said City on the 19th day of February, 2002 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the City of Farmington recognizes AFSCME as the exclusive bargaining representative under M. S. Chapter 179A, for the maintenance classifications identified in the collective bargaining agreement; WHEREAS, the City has negotiated in good faith with representatives of AFSCME for the purpose of reaching a collective bargaining agreement for the contract years 2002 and 2003; and WHEREAS, the settlement terms have been successfully negotiated between the City and the membership of AFSCME, Council 14, Local Union 3815 Maintenance bargaining unit in accordance with procedures established by law. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington, Minnesota approves the following: 1) A two percent (2%) wage adjustment effective the 1 st day of January, 2002 and a two percent (2%) wage adjustment effective the 1 st day of July, 2002. 2) A two percent (2%) wage adjustment effective the 1st day of January, 2003 and a two percent (2%) wage adjustment effective the 1st day of July, 2003 with a wage re- opener for possible adjustments pursuant to the compensation study. 3) The City shall contribute a flat rate amount for health, dental and life insurance. This rate will be determined as insurance rates increase but shall be no less than $536.00 for 2002 and $563.00 for 2003. Adopted by the Farmington City Council this 19th day of February, 2002. Mayor Attested to the day of 2002. City Administrator SEAL ~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7A ~, TO: Mayor, Councilmembers and City Administrator FROM: Karen Finstuen Administrative Services Manager SUBJECT: Gambling Event Permit- Dakota County Ducks Unlimited DATE: February 19,2002 INTRODUCTION The Dakota County Ducks Unlimited is requesting a Gambling Event Permit for a raffle to be held at the American Legion. DISCUSSION Per State Statute 349.166 and pertinent City Code, a Gambling Permit must be issued by the City for this type of event. An application has been received, along with the appropriate fees. The City Attorney has reviewed the application and the attached resolution approving the request. BUDGET IMPACT Gambling permit fees are included in the revenue portion of the 2002 budget. ACTION REOUESTED Consider the attached Resolution granting a Gambling Event Permit to Dakota County Ducks Unlimited at the American Legion, ION 8th Street, on September 10, 2002. Respectfully submitted, L~ (~~ Karen Finstuen Administrative Services Manager dB? RESOLUTION NO. R -02 APPROVING A MINNESOT A LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR DAKOTA COUNTY DUCKS UNLIMITED Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of February 2002 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the Dakota County Ducks Unlimited has submitted an application for a Gambling Event Permit to be conducted at the American Legion, ION 8th Street, for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the Dakota County Ducks Unlimited to be conducted at ION 8th Street is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of February 2002. Mayor Attested to the day of 2002. City Administrator SEAL c?3~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7;' f~~ TO: Mayor, Councilmembers, City Administrator FROM: Brenda Wendlandt Human Resources Manager SUBJECT: Appointment Recommendation - Fire Department DATE: February 19,2002 INTRODUCTION The annual elections of the Fire Department were held in February. DISCUSSION Ken Kuchera has been re-elected to the position of Fire Chief, and Tim Pietsch has been elected to the position of Assistant Chief. In accordance with approved Fire Department By-Laws, these members are automatically appointed to these positions, pending Council ratification. In accordance with City ordinances, the office of the City Administrator is required to recommend all appointments brought before Council for ratification. ACTION REOUESTED Council ratification of Mr. Kuchera's appointment to Fire Chief and Mr. Pietsch's appointment to Assistant Chief. Respectfully submitted, L2~'.l-Jf{ u/~d!~ <!.-..J Brenda Wendlandt, SPHR Human Resources Manager d39 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us '7, J TO: Mayor and City Council FROM: Ed Shukle City Administrator SUBJECT: Advanced Effective Management Program DATE: February 19,2002 INTRODUCTION . - In the past, I have participated in the Advanced Effective Management Program, a program developed by Don Salverda, Donald Salverda &.Associates, Roseville, Minnesota. The program - - focuses on leadership and management for public sector professionals. The program provides a forum for the ongoing interaction and sharing of ideas of a select group of seasoned public sector managers and administrators. The participants react to and discuss new ideas and concepts pertaining to leadership and management. Participants also challenge and stretch each other to higher levels of personal and professional effectiveness. DISCUSSION The Advanced Effective Management series will be meeting 6 times during the year. It will provide an excellent opportunity to network with other public sector managers and administrators and will focus on a number of leadership books, journals and other resource material that will enable me to improve my leadership skills. BUDGET IMPACT - The 2002 Budget provides adequate funding for this purpose. ACTION REOUESTED For information only. The opportunity for professional development is authorized in the administrator's employment agreement. h e City Administrator d'lo JO~ City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mayor, Council Mew.bers, City Administrator Lz-. ". FROM: Lee Smick, AICP Planning Coordinator SUBJECT: Consider Resolution - Vermillion Grove 2nd Addition Final Plat DATE: February 19, 2002 \~c...,.... INTRODUCTION Rottlund Homes has submitted the Final Plat for the 2nd Addition of Vermillion Grove. The Final Plat consists of 41 single-family lots, 26 multi-family lots, and 3 outlots platted on a total of 42 acres. DISCUSSION The Vermillion Grove 2nd Addition is located south of 19Sth Street and west of Akin Road and is zoned R-3 PUD - High Density Residential Planned Unit Development. The first phase of Vermillion Grove was approved on February 5, 2001. In its final build-out, Vermillion Grove will consist of94 detached residential units and 283 attached residential units. The Vermillion Grove Preliminary Plat was approved by the City Council on July 17,2000 and the Schematic PUD (see attached) was approved on January 1,2000. The proposed building types for the Vermillion Grove 2nd Addition include the following: Single-Family - Gardens/ Garden T ownhomes Villa Townhomes 41 units 76 units 88 units The single-family product is proposed for ramblers, split-levels and two-story configurations. The gardens are slab on grade construction and provide one-level living and consist of 4-unit buildings. The garden townhomes include a basement. The two-story villa townhomes consist of 8 or 12-unit buildings. Transportation The Developer proposes one access from the 2nd Addition on 198th Street that will connect with Akin Road to the east and is classified as a local street with a width of 32 feet face to face within a 60-foot right-of-way. Emerson Court and Emerson Circle are also classified as local streets with widths of 32 feet face to face within a 60-foot right-of-way. Emerson Court measures 465 feet from the connection of 198th Street to the connection of Emerson Circle. Roadways associated with the villas and gardens will be private streets and will be maintained by a homeowners association. The widths of these roadways include 30-foot, 24-foot and 22-foot all measured from the back of curb to back of curb as shown on the attached preliminary plan information. d7'o1 Parks & Recreation The Parks & Recreation Commission has approved a park location on the peninsula between the wetland areas. A playground structure is proposed for this area. The Developer proposes a sidewalk along the north side of 198th Street from English Avenue to Akin Road. A trail system is proposed along the north and west side of the "protect" wetland that will lead pedestrians to the peninsula. A 7S-foot buffer easement is required in the 1 st and 2nd Additions along the "protect" wetland and will be dedicated to the City. A 10-foot building setback from the edge of the wetland is required in the rear yards of the lots along the wetland. Sanitary Sewer Issue The Developer has agreed to the installation of a sanitary sewer line routed along the shared property line of the four properties that front Akin Road and Vermillion Grove 2nd Addition. The Developer has also prepared a revised landscape plan showing additional landscaping along the shared property line to increase the screen between the existing single-family properties that front Akin Road and the Vermillion Grove development. Lot Line Readjustment and Lot Split on Pettis Property With the platting of the 2nd Addition, the Developer proposes to plat Lot 11 and 12 Block 2 owned by Mr. Dale Pettis, 19735 Akin Road. Rottlund Homes has granted additional lot footage to Mr. Pettis along his rear property line in order to include a shed and a revised driveway within his property. Until recently the existing shed encroached into the Rottlund property. Mr. Pettis' driveway is proposed to be relocated from its current location with direct access to Akin Road to the rear of his lot and the new driveway will access onto 198th Street. Rottlund has also allowed the proposed Pettis lot split to appear on the Vermillion Grove 2nd Addition plat per the approval of the City Attorney. The lot split provides a 60,291 square foot lot for the existing Pettis home on Lot 11 Block 2 and a 34,615 square foot lot for Lot 12 Block 2 (see attached plat). The Engineering Division has approved the Vermillion Grove 2nd Addition contingent on minor revisions. ACTION REOUESTED Consider a resolution approving the Vermillion Grove 2nd Addition Final Plat contingent on Engineering Division comments. RespectfuJy ~mittedi7 ~~ Lee Smick, AICP Planning Coordinator cc: Michael Noonan, Rottlund Homes Pile .~ RESOLUTION NO. APPROVING FINAL PLAT AND AUTHORIZING SIGNING OF FINAL PLAT VERMILLION GROVE 2ND ADDITION Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of February, 2002 at 7:00 P.M. Members Present: Members Absent: Member _ introduced and Member _ seconded the following: WHEREAS, an application meeting City requirements has been filed seeking final plat review and approval of the Vermillion Grove 2nd Addition; and WHEREAS, the Planning Commission held a public hearing for the preliminary plat on the II th day of December, 2001, preceded by 10 days' published and mailed notice, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Planning Commission reviewed and recommended City Council approval of the final plat at its meeting held on the 11th day of December, 2001; and WHEREAS; the City Council reviewed the final plat; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above final plat be approved and that the requisite signatures are authorized and directed to be affixed to the final plat with the following conditions: 1. The Final Plat approval is contingent on the preparation and execution of the Development Contract, final settlement of the pending assessment appeal for CSAH 31 improvements serving the property, and approval of the construction plans for grading, storm water and utilities by the Engineering Division. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of February, 2002. Mayor Attested to the _ day of February, 2002. City Administrator dY</ APPL!CA:!ON FOR put REV!ETJ DUE PLAr N&'1E I J vr rt1 i 11 i c V\ 8 r 0 (, 't..., LOCA'I!ON f\ i~P-+ 0 A2S.A BOtJ'm)!D BY E \'\alisJ'\ Prcf ..J J 'to-r..u" GROSS AR!A _' YI J. i / . .2 I q s i=" - , '?iA.D ("nip, Dr : At i~( . eel i q.f:'4-~ S.J-. L LJ ZONING D!STarC!(S) N~l1IS & ADDR.::SSES OF ALL OWNns T(~lf1'on .\1 ~+~(L~, L LC- u 9co ~VCvV1C) Ac'e. s. S,u..i.k 179, E"d-(Y\t'X. ,435 PRONE: (jb2.. ') q:LO-.51 DC ( c..C' ~'- tc.'.c.A. .J ~-l.u- En ~ ~k) N~ 5: .WDRES S OF u,..'1D SU!tvnOR/:JiGI~ER 2. 4.:2-;2 ~~\...~ir _ r(8€U( . ~i e (Aclu 1?:t (. ~ P wnec:.if' E V\11'i 1J\.i.. f-IJ( ; .5572/" PRONE (r'.~t lYp8r- ;'1{L( N.A...'1:ES & ADDRZSSZS OF AI":' ADJODlDtG PRopnTY Ov.~..S AVAIL.;.aLZ nOM: ON: PtA! RE7I~~ OP~:ON: C,' l'\Q.. A IN SEQUDCZ: PRE PUT SURE1'Y: PlLq.L"'!I~AR.Y 5: eIN~..l. 'IOG!7"::r:::R: Pll P~T ADMI~ISTlU'!!VE :'EE: I HERZEY CERTIT! rd.A.:r I ~"! (w"E ARE) 'I7'.z :1:..:. OWNLlt(S) OF 'tEE A30~lE L&'ID, 'I"':A'! nz PERSON :'REPA&I~G 1::~Z PLAT RA..S RECEIVED A COP"! OF TITLE n. CEA?'!E!tS 1 TERTI 5. ENTITLED "SUBD!~lISIONS" AND 'l'In.Z 10. CEA2'!EaS 1 'I::'.....~IJ 12 E:. - ED "ZON-~N(I' THE FABM"'~G~ON ::~_ CODE "'-'Ill = PRE:ASE r= FU! IN ACCORD..NcE -i=i'~ .IONS COm....NED TIlE=-". , I; ; ~!!) SIGNT:i ~: ;,:;n DATE . , / 1I ADVISORY ~TnTG: 1 . SKETCH. PL.W 2. S!A.e: Ai.'lD DEVELOP:E.~ CONSENSUS ,;:;<15 ~II <' .....1iI "-g ~i ~ ," H00'l5'~"W P1 ",' 8$5.12 ___ 'f!:- - -I'-- - - - -- -', ',_ 1202.71 (WEAS.) \,! \ )t1$e \ .~tol ~\ i i ~ I ,. 32.72 2 S45'SS'S1"E 51 50.03 il N86'S'220 .. ~ ~.~ 49 ~ ~ r. &r C).OJ qj O'~ .,.. f;:. ,.,. c.s.AJl NO. ~I (PILOT 1CH08 ROAD) 1Il~ -----, ~ 1- -n . I J I ~ ;:~'." i ll~~ I 7' .;.r\~~ I';{ i ~~~ ~-- ---F~ :----1 >J& I ('\ . '..~ I ~ I v~~ I ~ I ::u "I ,", I C) , I~. ',r !" I ", I ~ L I I o . ___~_~____.J ,Z.-- 00 0 fIl ~ Z. z 0 ill ~ ~ 00 0 NOTE: PRELIM.... .RY Subject to revision without notice. ~~os~ ~",;:jcn ;;I~!:l~U1 oOz"';:j ~ihi!:l z~oJ;;- l'Ir-z/az ~~~o~ >CO%Z :-<zg!llo Cl !Ii~ czlllO zZz~ !;;aok /a",oi! o3il>- zlllsli !ll~O !l! !Ii >0 III ~I'I I I : ~ L,D ~g I !2!~ : cri~ I .. >f;l L_ _l-::o r-r- - 1Tl~ I ~o I OC: I ~;a 1--'0 Z ..... I ~~ I c: : w I < JTl ::::0 3: - r r - 0 Z G) :::0 0 < 1f, fT1 / / I'V ..... Z ..... 0 )> 0 0 - -; - 0 Z j.- [I !j f! X-I I I it ~ v~ i!ll!sj Ii' ~~ fi ~rt I~ ; r- olu ilnr~inI Ii I (! IU ..{ ~I )0 IIi' lI.& l i .. lI.l H ~iil Us~ It ~lil I C~llillil Ii I,il I ~i I} i. ~} ~ o ~ ~i lillil -bBl" lill I !lIls hIS '" I~ riP if t I Ii I ~ f I anI !fJ i" !I I I I lI.l(frlfU[; [ 1 t i h~ r z !{ l 'lI I.. III a ~Ulf I f ~ ~o? ~ ~ - !f!f if l!l I" if I f~ 0 II' ';.11.. If I Ofl!.{8'O I.Ii1 ~ f )0 !f rJ f ~ ~ ;1 i List}: ~ ,~, I Iflt II.nt II ln~ " i Ii! t lio ; a ji j Ii ..~ i-I ,- I !Ilf~ I [a;;! I 0 ~H I I~S - . i I I I (!fo If I stla al i e!f o i 0 ~I ~ll.n ' lU~ ~c ii ! .' [~ lI.ll II ; .. I .11l!U':: i J lflDJ Ii ~ if i l ! ..Ii 0;1 i- . If 1!l~1 ..sal lI. ,t i'~8 01 II ~I"n~l ;i ~i hi f a! ~i.li (I. I. i! I h~ _0 i l" I!fU r o~lii1 ~a 51 ffiln g I ~ " !l .. if rii! Ilile~ :li .. . I 0 l i i f i , I.ii' il! .. rr ~lI. a &s-~ P, i I i Il ... i It I 3"'& f I~ !l"~i [iiiilttl'''llf )I I !li lo.f l!. Illli, -lp!:ni,1 J g i ~ cz n ! ~ a I I : :i;i I II Ft ..a . b~lI.l !l h l!. i g _OF !f l f I ID i" a H {I" s-lii! cz jlSf!li o!/I~ !Hf l~ .. 19. ~ ( -, !I' i! li !I !Si f f r .. Of ,;Ij" I JF II ri!l r-.fd I ilf I f- j If i- P'r ..1 I Ji f. Uhf 31 I " ! f lfs.~i UI.!f ~ · i' ti Ii II:: J Ii' t 11.[ i~1 I i I Of I z9 .. ""'Ihlli;ll (h~ I_ ll. f i ~ II i. 0 i "i I" i~ i I., c.. ~fl~!l 1 -I. J lig !I J j 1& ~ l !f i' ) I jp'" ~Jin }!I I) o}: f t I'!l i a t i!di I f lI. J ilt U I ~ "I( I sr !f 0 .. Ulh I U& lI!!:n Ilia I' 0 !Ii - i lI. Iii I f Ii 0 r, i ~ I f i "'~ I lfi.IIU ~ I; i i (i I Q .- fa s5 I i or f ~ It i sl I I ~ ~ f' ,II ~ .. i1iU I ~ .. ~ ~ ~a i ~ If 10- 2,& !2 i !l i -I ! 1/ s- 1 Iii . ... lfJ PI II:: r I- PI !f f !l !l lI. i f ... . I I' I i r .f.. I ~ I :-fall ~ OF II !I .. f . ... ~-li I i & i~ 0 !:2 ~ ... J:I ur I I \ --.I c:::J ~ ~ ~ t:::. ......_~- [iiii] \ \:.:;:~~ j) - -- I~ " .'J i NOTE. PR EU.M I NARY Subject to ... without ~evlslon . notice. CJL\Jl 110. 51 (PLDT J I~JU---: 0'" '~'I- I !~". ~l ,~, P I S!~ -- ~~pa u':'" i >.... rlE'" ----' "lie " .... I ~ I '\<-., :.~ ! I I.. I ,PI I ~ L ": l-,r I -__---.J_ : Z: .....---__..J I I I OL \ \ .c' !!1 i~ c:& ..t --, I en 0 I -'" ~&1 I g:~ \ '" \ \ \ \ \ \ \ \ \ g \ \ \ ~ \ \ ~ ~ f I I I I . . I , I I I' ';/, "'I ~ I ~I I ~I 1SZ-l8 ,-42.15_, 10 i !i"! I fJ ~~ '12 .. !~ .~ . ~~Sil~>~~ ~ ., 81-~2~2E: ~ ~ mlll:!l!l!~;;I~ CII C! -<_C:~~lg ~c:~li c21 ~ a _ lDE:'" - Z zlil......@'C11 D ., 1II2:;lz~:ii~ ~ :ii ~Xlli~%l:li!l > 2 ifi:;: ~~ I i5 E: !3Z~ .~~ E: 2 ii~~F~1 ~ I "00zIll2> ... lDZE:Qllr'" . E:21f;"'z~ ~~;;\~~-< ~2~0~ ziil CII Ii! ~ uml @, [jffi), ~ ~.._~..:..::.::';:: [jffi) C---~ .0- ~ ---=: .__.-.".'.'- C::-J iT' ,.0) pl I --l , , I I I I I 1-10 I I I I L_ 1 I" r I I I t-10 I I I I I !: ~~ ,.,~ Zz ,;;t> " C') ~m 1"1>1 ~E; Ot: ~E' 5!~ c w ~ :::0 ~ - r r - o z G) :::0 o ~ tv Z o )> CJ CJ - -I - o z NOTE: PRELIMINARY 'Sub ject to revision without notice. ;01 }I OUROT C }I 1,9113 SF }I ~(Jl li~ ~~. ..(Jl '4"" }t t~ III '4 :& ~ . &~ lCl III Sm ~ i(Jl t~ "'e ; <:l 1110 N '4 '4 III !~ ~ '4 ~I N '4 ;,I N -01 lCl !(J1 ;,I(Jl 1:1_. ..... ~N III III '4 ~y ~ ~ S II yJ:: lea ~ E~ ODE! '4 ~ '4 l/l '4 i '4 :;0 3:: - r r - 0 dddap;!p;! Z ~~~~~U~ "'1"''' ~i!!g6N- G) PI~?-lll N )> >-lO>(,I~ ;0 :;0 U I -l i$l~ OJ ~~>>rgg fT1 0 . ;0 N )> O~PI'lJI> :a)oi>~>O < 01-<, io~;o (J) > ~ !-I O>PllIl s:: ^ ~PI~l::1II s:: rr1 PI > ()I III.U)~ )> ci (,1>;0 ;0 !!~1Il ,...( :J: I'J -PI (,1111 > Z 0 ;0 C) PI ~2 III -;:I 1::0 )> '4-1 > C) C) - ~ --I ~ - III 0 Z ii h ~ Ii ~II r- r::::::::""-='=':::?j ~ ._-' ~"'. .::::;:J . c::-- '. \. .~~ \ I liml \ ~ ! ~,'~;;iJ " . 1. "' ; : . Ij ;1. ~iJ ;{I ;-s- ~'SJ f c I , ~. :.!. :;..1 .a. it lla ~. f! i. ~1 .. h iI ~ o ; f I . I l I ..-........ .,1,,, ..- ".,' ".,.,... .. "''II. \ \ \ i '\ \ .. " ..... ...... .... ,,"---~-. .....,--_._\ i'.......\ ..".' --,.._----", \) ...... ...... ......... ...-.' f e~881~H.I~~ V1~' . """2 :l! ~~,!,.!.... "0 " o III I e'i'",~~~o; ~ot. .!.~"'~~~~ o 0 6bID ~1'I~~zz~ nf",..."''''_ 'j);;u;u'"!l qZ ! QOoco,", . ~J:~~.... }:;a",wo02 ~oC5),~z 1:6G:J::Jo ~1XI2%22~ 2~aa"''''2 6......00 1I!z221D0I0-t - az z c ~ ~g~~i~~ aZ22alil~ 2~"'eI~glil ~ go ~ ~ g ~Z:u:Uo :u ga~~~i!D z cc2:u aCi~~. ~ -~ ~ 8~ I" ~~ !:. ~ !Z! :-i a~88lajgl/l~ ~;:l' . ~",/Il2 :l!~~~ I,!,,!,.... "00' . "'00 "'I"'..."'......... c-t-.........o z 0 I... '" IXI ID ... .!.~"'~:ilss ... o 0 06 b lD ~:q~~il:zz5 ii1,"'~a()h jq:a-:il",_"...'7 iilQ~~922~ ~ zzzo n:ljw1I!C'lOOc xocp ~~z :lj1:6t:J2::l::l0 oQJz~z22~ E:ca O-t...O 6....,,:.-00 z 1I!zggsIXIQJeI Gaz~z5:'- Z~~~abQ~ a ::l::l Z n ...~22"'nlilx 2~"'eI~~l?lil ZOO c ill n ~Z:U~:U~~ i ::l...'" ~OQJ 20:11; ::l:U. cc~2:u ...::1zZ.... '" 0-1"1"-<:11; -~ c ~ o z Om I" ~c !:~ ~ !Z! :-i ~~aa~~~1 ~~aa~~~~~ J!~~~I,!,... J!~~~~'.l.'" ~y~~~;~ ~y~~ ;~~" ~otl ",otIIQJQJ... I~",,,,~~~ I...",,,, c~...( o 006611! o"'oo~b~QJ ~~::j~~~G ~~::j~~~aE ~~;oj;ij......z ~Ull::ilil......c;z RODoon ~oo:ugc,", - ~i:C:C'1 J::~~ 2.,... Q~l!E!!i Q~~E~!~i :ll b_oo)> ;a b-b02~ oQJZZZZ::l OIXlZZ_Z ::l E:5nn"'-<2 1:5na~aa2 6......00 m6...~ " l!!zggQJlXleI czs:lcCl~'O:ua Enzzc:.- j'"'zzc 0 Io! oo;=nQJ ooz J!O!I z~:.-~ox~ Cl)>:,-o",!Qn nc::l::lzo~ c::l::l~:u...% ...z22n... ...z220~-<'" 2~-<adl?lil ~~"'elzc2lil zoo Clan 00 a:z", ~z","'i5mc ~z:u'" I" ~ :;j -l '" ...... ~ 0 ill ::l -l ...... ~~ -< Oo:ll;:II;::l:ol. 20:E:E C Z cc2", !ic z elUJ~~. ~ elt;ll"~!i ~ -"1 ~ _~ I" n 0'" 0 0 o~ o~ ~ ~~ ~a e ~:a ~. 2 2 !Z! !Z! ;-i :i ~ ~ ~ C) o ~ :u Ul .:I: fTI fTI -I r r .!iN rr f1rUr ~ I 1!11 ~rj 1':,11,1' , ','l r~J if','J ! ! jlj! I!i !;!I!lf f! I" il! 1,1:,,1 J i r1J. ItJ l'flJlfl .. Jff Ii 1""11 f '1 r .1, lId'l I I f J'I ~JIJII . , III ,i JII'I'J. J Ifr It 'If S.!l t II. -i 'I hi f I ~ fTI :u o ~ z o C) o 31: " )> Z -< i I ""111"""'1111- ~ ~:cm:I:.r.r .6. ",.,~ "... ~ :oIlL--- ..~ !~~~ ~IE ~~ ~ ~~,.j Ul;:t ~~~ ~~~ ~;j~~ )> :u ai' a ~~ i~~ IXI J -< :Jl o "'~~ ~:.- 2 ~ ~~:< m ~oz 2 lJ:iJ!p :.- 12 :::~ r ~ ... ~ rn !2 z ~ p " e .,. ;jj * r i III i i i !' ~ I .. t r ~ <D I' I A I A ! I I I I /I.. 'IS. _ 1'1 . ,- * u!!! 9 9 ~ *, ~ 0 . . . . . . . . . . . flI Ilgimlji~~i z ~~!"~i~E~" 0 ~ ~ M" f z i i ! i g Ii! ~ ! n ... I ~ ;0 31: r= c o z C> :u o ;;; r- o C) )> ::j o Z 31: ~ .. .. __ :s !XI 't Y ~ ~ i I~ I " "C) ..-~--":j:. -~._', -~.. ...........-..-- -_..-- --.... ......-.....--.... -..........................--..................----. --------- ~ r-. I I I I i I I ~ . · f: L iii :i! !~ !~ . : i I I I I j i i L ~U) :u .f! iJ c ~ ;~ ;~;a ~ + ~g C{S8~ ;0 ~ l'il ~~A ~ ~ -'e "'ei! U) c ~ 'ill ~1Y.l ;0 Sg ~eI lei rrI :<m:<1XI :s= a Q Q ~ lil fil vi j J '0 ill .~ ft ~ ~P1 g g S~ lil ~ lil~ f) e ~ 2x -I ~ I illY.' a a eI ~ IXI IXI Q Q Q /) !il lil lil l? l? l? fd fd fd IXI Q lil ; ~ ... ~ ~ ,," :,. ~_.:..~':.d~'..., . ,., )> ::::0 ~lJ< -;OfT] Z",;o G)C~ -I~- O-r zZr )>6 ~::oz --< Z-oG) zr;:O rrl)>o (J)z< ~(f)fT1 )> ... -4-4-4-4-4-4-4-4-4 m~m~~uN~o~m~m~~~~~ ...... .". .... ~~~~~~O~~~~~~~~m~~~~~o OOOO;o;orrl;o~;o;o;o;o;o;ox;o;o~~~o ccCC~rr1~rr1rr1rr1rr1~rr1~m~Mrrlmmm< zzzzcc~cccccccc~ccc m OOOO:s=:s=r~~~~:s=~~~z~~~~~;o ~~~~Z~~~Z~~zzz2~22z~~~ OOOO>>I>>>>>>>>O>>>ZZI ZZZZ;o;orrl;o;o;o;o;o~~;oo;o;o;o rrI -<-<~-< -<-< -<-<-< -< -<z-<-<-< ~ ~~~~~~ CC~~~~~~O~~~ ~~~~zz g~~~~~~>g~~~ ~~~~~~ ~~OQQQOQz~~~ zzzzoo -<-<zzzzzz~ G)G)G)G)>> ~ ~~ ~~~ ~ ~ ~~~~~~ ~ ~~ ~~~ ~ ~ ~~~~~~ zz~S:S:~S:s: zzzz~~ z zzz z z zz ~ I m m ~ z o rrI X ~y ~ ~ N fiiiiJ Q) c:=J ~ ~ - [jiijJ ~ _7] . ~--.~ VERMILLION GROVE I s1\\E:El ~ ?Ict ~ ~ io- ~,.,.J ,1>"0=-1 "T" . =-- 0 J 'I rr tJ.fI=- <- <- '1 ,", '";=.. I ~ if' '-- \ ,8\f.. \;p L '! 1iI:>1t lfJil !I-~I r /I .-:- ~ 'nt. '="- C~i~L" \'It<~ ^ ~ ~ m I J:r;,;'A,/, ---.., ,~ ~ I '" ""0:: ':\' ~ ,--,., , :J.d.d! J ' ,,' _I.I ..!l rr;C; .,. ~ · J,.:-'-O- ~ I{':r <;Jj',. F I ( :F "'r ~~ ,~t U,:~,i:,,, J I I1pffD i ' / V'f /R't,,"'= r ~ ~~~rj!~ ilrtFl!ll~~ ,rrtO ~i!. ,,';;~ ~'~Jfl i ' , t6 ~ J · c.~ ...~ \:bY' 1m ,,1'ftI' t'il j,Z J~.~~' j pj-lJ~" '! ~~ ____ ~,., ,r--- ,bb.l (.1 L~ ~ - .j .ll.':rurffD I " L{t'< {J-.-...:o ./ ///~. \" ," . "d "'_;=, ~ It ~'':i.j:"p; bl~ ""~ i i j 'il ';::'H~._ I' ~ flli"",' P ,.;:'-'r 'I p ~ '" l.J: (.i I \ 1t! ~ 'lj 'I ) ip'W,,~ v-,r'ltr ~!fl ~lf~\~~H ,~~ ,..! 1J{Ubi!! ) irJ;M 0; '~ ,_ ,?'~' 11 ">,,- ~b1d. J l _ I 'I ~:: - -~ '- ~,; \ .".. t'h F.I I / to '''''", 11" U! ~ ~'d~' " F:rrr _ ",,,,= J -."'" /' '- I ~ r {" TfI', . "!fI'iIi ,,-. wi ~ ,~/ ~., fl: "~;~'" 11 <-~~iI. ~ j';~ (3'" ' ,\J 1fI'fitit~ ~: g W"l ~ 1._ L1 'l, J: llVl ...,=>It. -R I r i [j' \,E ,/ I ,'" ,/,1 'I ; !<;/ ..!iJ I'~ ,_v '1Cf/.l'1 'IS" de. i ,~" .,. ! ;: \.\\[-1/r- q ,., tll - fi;,;,:t -'Ice=' : ,..'i}r;,,,1J~ I' \\?-'V."JIf:.1 I r--.J,~"-J - ,,/" ' ~~. "'~- '-< ml '\, _ ~ . 1/..7 I. ..... - :(~ 01.:i,l i ~I ~II\ ";l'-, ~ ' ~ \~'("" '" q"" R · , I~, J .' ~,' /r!J:C:() Y,: /a"v.~ /~>;J L rg' \ · .I~"" ,J. · " l~ ~ \ ''I;'; (_I. ;j', . ~ \ ~,,,.)j' ::::=:::- ~ ~ - ~ - ~ .-l T.;]:0 ~ ~ (-..~.. ~ ~ . ~ \ ! - -:J '. ~ J!i / ''':''~ . \ . ' ~""'\ ~\ ~\ /,/1 r' \ . \: ~ ". . z Y' o \, , ; \" / '. i ~. -~' ,,:....._._. ....../ I ~ " ...II- , ,ra P. . r;JH I fri' - fl" : f J ;IJ rn ..if I-I I !. Iff f! i {f ,.I If ; f , I f tn ~ ~, I ~ I'T1 ;0 o ;J .c Z '0 o o ~ -0 >- '2 -< ! .!:l ~ 3:: E o z .c;') ~ o ;ij ~ ~ -q ! 0; ~ '" :9 i ~ ~ '.L;~,..,J....~';;'~_." . --roieo.;;l~"-----'----'-'--" L ---- --- --- --- --- --- --- il J.......... ...:r -~ . ..:.:__ . . _ .' ~ . . s- . . --- --- -------- ' "', ' , I ... I --------------~ ------ ' __--~~ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ----------------. ~_5------- -- lnRl_t ~ ,\\ -n:' I'lJ.... ~~ ~ ~~.:~~;~-- .,.__ .___..; l~~ - PiPflltE \i!\o.. ~. '-..-.-.. ..._~_...":!l- ..' - .....~ -=;;;~ ~ .~. ~W' -. \J ~A'1 -r-r\i\ b 0 . I rt 1:rr-t . .\ lirF1 i~\! fJ . 1t.~ .y!\-\ i~ n ~\\r. rh - \' ,it. , ~\' -~- " . ,.', . Q <:::.- <0 ~ ~-f 0-0 c1 \ :z: >>.... I .30...1I111D ...~~--~ I I I I I I I I I I I I I I I I I I I I I '8 'e lz l~ 1;0 10 I' 'm I.,.. I . I .- . .- ,co ,Ul : :r! 1 Itn ,~ . :~ .U) .4 ,....... . I I I , . . 1_ I . I I I , I : I I L---- -, j\.- r--- I I I I I --: ~.- ~ ~ N (iiii] 00 ~ ~ .-= (j1j1) ,~=-==:;' . _::::=;.~~:.::';' .~ lilhJ i Iii' :- ili ;I} rll ..il f"' t. tI fi f~ II ; f I I r i u I fli1i H&I JJ8~ ~ ::l r. 56 ;if i - I ~ f11 :;Q ~ c z 0 ~ ~ -< I ~ 1- ~ ~ ~ ~ I oa I 1/1 ! i ~ S=:r- ------ "'::!t>~~""",,,,...~,.lil$\lfo\llllll'''' ~...... IIOil'-l It' .AI- l--' j'_~'~'~ ." ,,' " ,.' .'CllI ~~. ~ ,. ...- 'r: ~~~-;:..~~~.~ .~; ~~: ~~~::'~ .~.:~..:~.~ ~:.. I . r li'"'r' lW.'~"'1-' ~., · ~,' r.' ...,.-. ........R-.' -_.'!! _s 8 ~~~ ,~' '~. "..-.....,...'.... ..-'" , . . .. .1:..:....... .... .f.............. . ................ ..., \, I . ..----- ... ....... ." .... . ....... .......;..' ' _ ~ ......... _ I ,\\ir -; .. .... ~ . \ ......x. "-=........ ...<. <.......... ..._<.~... . ...................k ...................... ...........:".. ',J[ Q ,.~,Q ~~ f:r; 'S'''l''rr'':r;=---lf\-'--,'\ ~~.: .~ ~:I- "~: ~ ".~: ~ ,::_~ I' 1 ~ L.."..l __ " .: . \ ", ,.'< \f 'i'T 1r ~.:r 1/ ~,J 1\ _--'I . I.ll,l!'\ \ /( .., \run.. "I: Fi 1. -,'n 'l',' ( '1., E. -j il< L; I LJ,L:J ,_.h..--/'/' I 'r,~L 'r (~\ .~ ,.~...., . 'Y ,.' \ - .. I I ",~," .- r.J '\ Ie'" '~!1l ...... ~ .. · ~ ~Ia '- ~ ~ '.... ... 3.0 'Ulo>iJ.....l .j'" ~ .~ ,,:\ L..1 EJ I.ll.ll.l ri' \. ~~,~-"l(,a~" I.-li ..,'Y'IIJ ?~. )\.. ."_ J....I t.:) L.;,.I \. -' ~ ~. \\ :J'~'~ n" '[1 ~dn::I4t-- _.. . L "~ " ___ . - '?'. ,;!" ~ ..". I . .' ,,_ L .... .. y '\ ' l-' I .,' ~ - f ~", . .,./ ". .~, J" · l' \ . ,)~'f:" rJ l\ r-r' .'~-~'~' .. _I. / ,,' --', ~ \i\' -r 'l"L- '. V" \.,.,.....-' \ ':. r.\' \'. ,'~ ' f., ,,'F"-"...." ./ I 'IU · l~~ Y \ ,.. .:;.~ \ -."", ,...,1 /""." i J. · 0l\1.\!.., ,l' -,<" ~"'/~ - ~~ { ~,O. · ~0' 'f., \" ~ \\.~~.'\<'~ .~\. ~'=-a ,...~.-. , \.~ ......-0<' ~ ~'" '" l:. ......' \ -"ij!~ . '~, \0\ 'X',.l(J'~! ".Ij , 6 \ \.~-\ J~ J .. \~- ~;>>>" ,~'- -I,,-J, J l... -. ..-, . . " ~..~' --= ~- \ i \ ".\___ 1 . . . · . - ~ 'Tn""::: ~ - t. '1,1r- ~,..' ,[1.."", T To' i I !I ~ 0 '0'\ / ~ :-.... ' I ~' T ,. JO: ..._._.........C........._......,.,.....,.~)/~~d ~ · ~f,\ \ r.ll'fJ __I M'; lc-,-,--- _I..-u- _,Ie'" J h\ · .p-\~ I~ _...~,.-..-'-=--~,.;/,. '11.l1~ \ ~ "''"~. ~ · ;/ '" -'-' ~ ,., _ ' ""1 l-,-",-~ ~' [.;-.~. ,... ..-'\ .. .... ,( .' -=--~_f--I! \ f:,) . · r/ // .---............-.......1.... .._~_.' {~. ~ .....' ____..... ,-",,-- \. _ ~ i/ 5:..//' _..._-_...---~(~~tr ~.\,'~ \ · · J2~E l~ \ ~~. f.J. ~\ '\ 1t.~) F \. \\.:~~ r ._~ '\., ~ ~~\, 1 ~ (~..~ · ~. " . ;", '\ . '. ....<.... _ ><.<;:; . . \ I .....:;7 ,,~,./ ~""'\ '~,~.. /1 · ~ \, ,~\: z ''1'" '. o '. \ , ...j ~ f', ~ ~ z o I . .~.,.;'-'-'-'-'~' ",," ....... .,., ...... .", -'-. ...,.....'.'- .,..' -........-". \ \ \ " " " "" .... ..... .... -. I I r: E f-t ~m__-:Z: Ii - .... il I ...-.= ~.~?)I If. I :e= (r' . :=tS .1 ~ If.' I .! .1 I ' City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us lOb TO: Mayor, Council Members and City Administrator (. <'. FROM: Michael Schultz Associate Planner SUBJECT: Schwiness Retail Center - Final PUD Agreement DATE: February 19,2002 INTRODUCTION Jon Einess, Schwiness, LLC, 708 North First Street, Suite #423, Minneapolis, MN, is seeking approval of a Final PUD Agreement to construct two retail commercial buildings on Lots 3 & 4, Block 1, Dakota County Estates 9th Addition. The property is a part of the overall Dakota County Estates Planned Unit Development. DISCUSSION The developer, Jon Einess of Schwiness, LLC, is seeking approval of a PUD Agreement for the proposed retail center located on Lots 3 & 4, Block 1, Dakota County Estates 9th Addition. (The developer currently owns Lot 4 and has a purchase agreement on Lot 3 in which he will exercise when the PUD Agreement is approved at the City Council). The proposed buildings would contain a total of 17,534 square feet of retail space (8,767 square feet each) and contain 4 to 6 tenants in each building. The Planning Commission held a public hearing on the matter at its February 12, 2002 meeting and forwarded a recommendation of approval contingent that the developer exercise the option to purchase Lot 3 as part of the overall site plan. Because the subject parcels are a part of the Dakota County Estates Planned Unit Development and because of the multiple land uses that are possible, staff recommended processing the development under a Final Planned Unit Agreement. The Planned Unit Agreement would address the site plan "modifications" requested by the developer that would deviate from the minimum requirements of the City Code (this is acceptable under the provisions of a Planned Unit Development). Allowable Uses/Conditional Uses Under the PUD agreement the below listed land uses would be permitted within the commercial development. Any other land uses not specified within the PUD Agreement but are listed within the B-1 (Limited Business) Zoning District must seek a Conditional Use Permit to be approved by the Planning Commission and the City Council. Any other uses not currently listed in either the PUD Agreement or within the B-1 zoning district must seek either a PUD Agreement amendment and/or amendment to the B- 1 zoning district. d.s:fl a. Retail Facilities b. Restaurants and fast food restaurants so long as the fast food restaurants are not free standing, are tenants in the shopping center on the Subject Property, and do not have a drive through lane. c. Coffee Shops d. Health Club e. Offices f. Personal and Professional Services, including financial services g. Personal Health & Beauty Services h. Animal Clinics l. Convenience Store, without gas J. Automobile service and repair k. Clinics Site Design The retail site has been designed in a fashion that the two buildings would be facing each other instead of facing Pilot Knob Road. The developer is proposing this design; to avoid a single elongated "strip mall" design. The layout design offers a "market" environment with scaled down buildings that share architectural design elements and easy access parking. Building Design The developer is proposing two identical buildings that will be constructed of brick, two colors of concrete block (one forming a color band around the top third of the buildings), stucco and large glass storefront windows. The building's front and side fayades will contain approximately 10% brick. Colored awnings overhanging the front walkway are also proposed, breaking up the front fayade. Floor Plan Four (4) tenant spaces are currently shown on the floor plan, each measuring 30' 6" in width by 70' 8" in depth totaling 2,155 square feet. The size of these spaces will be adjustable to meet the needs of the tenant, this may allow for more or less than the four tenants currently shown in each building. Parking Lot/Access a5'3 A total of 128 standard parking stalls and 3 handicap stalls are proposed to accommodate the needed parking. The developer has indicated the national standard is 1 stall per 200 square feet (1/200) of retail space. The proposed number of stalls would equate to 1 stall per 134 square feet (1/134) of building space. Because of the various uses that are permissible (i.e. restaurant, office, retail, service oriented, etc), and the varied minimum parking standards given with the City Code, the total number of spaces required is difficult to calculate. City parking guidelines requires 1/200 for retail, 1/250 for professional office, 1/75 for sit down restaurants and 1/15 for fast food establishments. Vehicular access for the development will be limited to English Ave with no access permitted from Pilot Knob Road. There are three proposed ingress/egress driveways; one (1) shared driveway access with the Akin Hills Vet Clinic/Anchor Bank building along the property line. Two (2) additional accesses are spaced at the property line of Lots 3 and 4 and the south end of Lot 4. The Super America site has one access from English and another off Elk Ridge Trail. The developer has requested a minor modification in the requirement for parking lot setback as allowed under the PUD Agreement process. City Code requires a minimum setback of ten (10) feet from the property line for parking lots to allow for a landscaped yard. The developer is proposing an eight (8) foot setback as measured from the right-of-way easement or twenty-three (23) feet from the west property line. This would be a modification of two (2) feet in the required setback if approved. Lighting The developer is proposing six light standards positioned around the parking lot. Four (4) of the standards are located around the outer perimeter of the parking lot (two on the west side and two on the east side). Two (2) additional standards are proposed within the center island of the project. The standards will be "shoe box" design with the lighting directed downward to minimize spill. . The developer is also proposing wall mounted light fixtures .alongthe north,. south and west walls of the buildings (the easterly wall was excluded due to the proximity of the residential housing across English Ave.).' Three (3) wall mounts are proposed along the fronts, two (2) along the rear walls and one (1) on the west sides of the buildings. There will also be natural spill from the interior of the buildings through the large glass windows positioned in the front of the buildings. Landscaping City Code requires a minimum of 10% landscape area within the B-1 zoning district (Section 10-6-14 (E) 5). The developer is proposing a total landscaped area of 18% of the site, this includes the fifteen (15) foot right-of-easement; excluding this area it is still almost 13% of the site area. The developer is proposing a three (3) foot landscaped berm on the east side of the development that will provide screening for the residents living on the east side of English Ave. The berm will contain thirteen (13) Colorado Spruce to provide screening from the parking area (this is similar to what was provided on both the Vet Clinic and Super America sites). c:(5'/ The west perimeter of the parking area will also contain two varieties of crab trees (11 total), three (3) Marshall's Seedless Ash are proposed along the south property line and three (3) Norway Maple's are positioned near the accesses. A variety of bushes, spirea and daylilly flowers are proposed within the landscaped parking islands. Garbage Enclosures Two (2) 14' wide x 11' deep garbage enclosures are proposed, one located behind each building. The enclosures will be constructed of the same materials of the building and will be secured by a wrought iron gate. The Solid Waste Division has reviewed the proposed locations of the enclosures and found no issues with the location of the structures. Signage The developer is proposing both wall and pylon signage as part of the project. Two (2) 150 square foot pylon signs are proposed, one to be placed on each lot. The height of the proposed signs will be twenty- six (26) feet, the maximum permitted within a 50-mile hour speed zone. The developer is seeking a modification to the minimum fifty (50) foot front yard setback requirement by placing the pylon signs ten (10) feet as measured from the right-of-way easement, this would be a deviation of forty (40) feet. The Planning Commission recently approved a thirty-three (33) foot variance for the commercial property to the north. The City Sign Ordinance allows a maximum 10% of wall signage when both wall and pylon signage is proposed. Based on this formula a maximum of 200 square feet of wall signage would be permitted for each building, this area would be allotted among the number oftenants in each building (e.g., four tenants in one building would be allowed a 50 square foot wall sign). The developer proposes to divide the area up proportionately among the tenants. Also, the developer has indicated due to the preferences of the tenants, some of the signs may vary in the type (backlighted cabinet signs or individually lighted lettering). See the attached elevation drawing for the proposed placement of the wall signage and the site plan for the proposed location of the pylon signage. The Planning Commission did discuss with the developer the possibility of erecting monument signage in lieu of pylon signs. The Commission ultimately decided that the proposed pylons would be more appropriate for the site as the elevation of the property is below the grade level of the roadway. The Commission also identified the existence of other pylon signage along Pilot Knob Road (i.e. Akin Hills Vet Clinic, Super America, Budget Mart). Engineering Comments Engineering Department has forwarded comments to the developer concerning engineering issues that need to be addressed before engineering approval. Engineering is currently reviewing plans that were re- submitted on February 6, 2002 (see attached letter dated January 24, 2002). ds5 Fire Department Comments The Fire Marshall has reviewed the proposed project and forwarded comments dated January 24, 2002. The developer's architect submitted revised plans on February 6, 2002 that addresses the first two issues. The Fire Marshall indicated that issue #3 is typically addressed in the construction plans and issue #4 is a recommendation to consider installing a sprinkler system (see attached memo dated February 7, 2002). ACTION REQUESTED Approve the attached resolution approving the Final Planned Unit Development Agreement for Lots 3 & 4, Block I, Dakota County Estates 9th Addition with the following noted modifications to the minimum requirements of the City Code: Noted Modifications: 1. The parking lot setback of eight (8) feet is acceptable as measured from the Pilot Knob Road right-of- way easement, instead of the minimum ten (10) foot required setback, this is a deviation of two (2) feet. (Measured from the west property line to the curb is twenty-three (23) feet). 2. The front yard setback for the two pylon signs to be located ten (10) feet is acceptable as measured from the Pilot Knob Road right-'of-way easement, instead of the minimum fifty (50) foot required setback, this is a deviation of forty (40) feet. (Measured from the west property line to the edge of the sign is twenty-five (25) feet). Approval based on the following contingencies: 1. The PUD Agreement shall be contingent upon the applicant's acquisition of Lot 3, Block 1, Dakota County Estates 9th Addition. ... R.esp. ect. fiUlly.submittrlAecV,/./1 .. ., ~~,.. 7;/, T /' ! I ,- I,' " I . '/' ~/. -'-" Michael Schultz Associate Planner' Cc: Jon Einess, Schwiness, LLC Development file ~5~ RESOLUTION NO. APPROVING FINAL PUD AGREEMENT SCHWINESS RETAIL CENTER Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of February, 2002 at 7:00 P.M. Members Present: Members Absent: Member introduced and Member _ seconded the following: WHEREAS, an application meeting City requirements has been filed seeking final planned unit development agreement approval for Lots 3 &4, Block 1, Dakota County Estates Planned Unit Development; and WHEREAS, the Planning Commission held a public hearing for the final PUD agreement the 12th day of February, 2002 preceded by 10 days' published and mailed notice, at which all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Planning Commission reviewed and recommended City Council approval of the final PUD agreement at its meeting held on the 1ih day of February, 2002; and WHEREAS; the City Council reviewed the final PUD agreement; and WHEREAS, the City Engineer has rendered an opinion that the proposed plat can be feasibly served by municipal service. NOW, THEREFORE, BE IT RESOLVED that the above final PUD agreement be approved and that the requisite signatures are authorized and directed to be affixed to the final PUD agreement with the following conditions: 1. The PUD Agreement shall be contingent upon the applicant's acquisition of Lot 3, Block 1, Dakota County Estates 9th Addition. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of February, 2002. Mayor Attested to the _ day of February, 2002. City Administrator 015' Property Location Lots 3 & 4, Block 1, Dakota County Estates 9th Addition ~5 8' . ~I I ~~iI Ii\~ 5!1 (J) ~ ~ hi m '": "U II s;: ~ Z m Z G) ~ (f) :r: ~ m Z c m ~Uj Ii\~~ 5~il ~ (f) ~ /:. 1 i5 ~~ 5al ... 56 (f) ~ iiI ~c: ~ d~~ ~ w ~~ nf; "i ,;;j~W' =1 i: c: S/!' ~~ ~ ~~~ m oi8~ 0 Clon !Z!Z ~~ al (f) ClCl ~ II U II wa~ n... li~~ C ~mal oel ~~ m ~~i 3: o!Z ~~ 3: Ollel o~ ~ 3: ~t: UlUlUl II ~ "n"n"n )> mO ~!Q II ...... H II III ~ 8~ "'I'D " ~ ~'" if! ... ~8 N Ul "n ~!Q III ~ o.:t > "n' ~ ~ Z ,g 2lUl ",Ill ~~ ~~ ~~ ~~ ~z OS/!' i~ ~z ~ ,g I I 31.95 ft I 1 -:7Z VI ~ m 3: )> -0 B a I!I PIlOT KH08 AD R.AGSTAfF AD r: i ;I Ii I ~ () ~ :c w 1-10 "U t-t ~ ^ Z o OJ ~ )> o ~ Z : I: Ii; ~ ~ ~ IIlllE& SCHWINESS RETAIL CENTER ~ ~ PILOT KNOB. ELK RIVER TRAIL SITE PLAN GRAND PROJECTS, INC, 02/06If1}. GENERAl REVISION! FARMINGTON, MN P.O. BOX 19 NORTHFIELD. MN 55057 CAAWN B' ""... 01/14/01 PII: 517 ,.4-01512 FAXl N17.",,4SU I~ ~ ~ I J: i: I: ~i ~ r- EI~~ II.~ ~. ~ 1/ ' , / j '. ~ ! .. r I 12 ft He t: :. . E ;::p ,...1 ~ ~ '. . ~ ; ~ t: ,; ) I;: l!: ;::p .1 ~ . la "1 ., ., i~ '. J a~ .; ~i ()a ~ W ,'1 1 lto ft I ~';:i=r: : . I I . I I I .. il I I : .' ~ ~ S/!' ~ 3: ~ ~ R ;e... 8 ~ '" ~ ~ Ii ' Ql C ; G1 ~ I I Ii ~ ;eN 8 ~ ~ , ~ ~ ' Ql C i u! I I I I I I I I . . I~~ -----------------~-----------------~----- I I I . . . , , , : : Q) , . _______J L___________J L.______ _____ ____J L___________J L_______ __________J l___________J L_______ .,...~'_0"__04'~~~10'_4" 1'01 q t'~IO'.(I"--,.I'or J6......~IO'-4----...rc.t , I : I i- - -- --- -- .-- - - - - - ---- -- -~ - - - -- - -- - - - -I- I : I I : I I : I : 1 /~: I : v, / -j------------ ------------r---tt------I- ~~!.. : i ~ : il~; : ~: . E!e~ I I --- V I ----~------------~--------~--------~----- -----~------.----------------- I~: : I I I I I I I I I m o ~ 124'-8" OJ )> L 1 ....... SCHWINESS RETAIL CENTER ELEVATIONS & ""'""""'" """"'"""" GRAND PROJECTS, INC. 0'1/061J2 lBB.AL NVISI:lhS PILOT KNOB l ELK RIVER TUJl FARMING1ll", "" FLOOR PLAN P.O. BOX l' NORTHFIELD, MN 55057 I ""... 01/16/02 SCALE l/S' = 1'0' PH; 5171"......5112 FAX! 517 7........511 ORA~ D"" '>'l ~ ~ () 31'. ,...... u~ U~; ~i~ i!~& [ij a~i ~~~; IiI .i a m o -p--------- , , , , , , 'CD --- - -- -, , I r------- , r -- - -. -----, , , I I n~ U~I ~i~ ~~:& ill h~ n~; Ii; i a I...... 3l' ,..~. ...... 3l- I I I I I I I I I I I - - - - - -: - - ~: - - - - - - - - - - - - - - - - - / : ~@ I ~~!.. I : ~~ I ~I~~ _j____________ ____________l___J______:__ i!~1 I -----t/' I E I : I I : I 14 I I I I I ,I - -1- - - - - - - - - - - - - - - - - - -- - - - - ~ - - - - - - - - - - - -I-- I I I I I I I I I I I I I I ~ ~-e ~ ~ -e , " , _ _ _ __ _ _ _ __.J L _ __.J tr.............-400.......,.q.00 ~ !~ J~ it ? OJ )> -.-- - -.--, I r--- - - - - --- -.- --- -, I ...----, , , ~ -@ f--- - - - ----~ , I (!) ~ ,'.. ~ I ~-@ '''' ,..~ ~ ..' 124'-8' 1S'1- .... 't--. f ~ .- !U ~ , SB ,--- ..... }--- .... ~I ~S ~w h \ . ~~~ ~... ~I ~I ~ i~~ ~s ~~ !~~ ~ h ~ ~~g 3 . CD z -~-B ~ :m~ ~ m8' IU ~ ~ ~ ~fi!> mul[; ~I ~ I~g '~I 8. ~~~ !Z ~S · ~z :1 ~ ~ ~ il ~-e ~ h mule ~ 8.[; '. !Z if ~ ~ ~I ~ ~S h 3 , , , = , ~ - -- , , , f--- , , ~ , , }- -- r- -- W' l___ J.-__ .... ~ UA 'U~ ~"" '\.-- r--- , , , r--- ~ _u , :1 il :i 11 , , , ~a h . :1 il :i , , ,... )> , . f:=: , , , ,."\. ;L> ..0, . J:~ t;.. :., ~ .,.. ...... . . .,Op = I, . I . . OJ I"i .A~ ~~; ~ ~N ~z~ ~~~ ~ CDf!l~ ~~> , F::~g a-~tDZ ~. ~h' m~CD 8u!~ * - ~----@ ~I ~s h 3 ~~ lI>.....~ !~~ ~ :m~ ~fi!> , ~~g .... m OJ Z ii ~ h ' m~CD 0.. c: ~"l[; ~ ~ ..".:: "I' <..: IU ~':;' . .... ~. , . .",' ..... ~ o ~ '.,' .... ;.:~< . . .... ~ ~I ~! ~ ;.~.i, :,~':" m 1 lJ1.1- } ~ ~ ~ "'" !8llB;t; ~ """"""'" SCHWINESS RETAIL CENTER ELEV A nONS GRAND PROJECTS, INC. -................ PILOT KNOB & ELK RIVER TRAIL P.O. BOX 2' FARMINGTON, MN SCALE 1/8" = l' NORTHFIELD, MN 5SlI57 PH: "7 '."~512 FAX; 5" '.......UI DRAWN8V 0.00... 01/24/01 ~,- ~~ 5 III ... 55 ~~~ "'Ie: b d-i"'l ~ w ~~ n~ -i ~~i e: lIP ~!Z ~ 0..... me;) 0 Ol~n !Z!Z ~~ III ...~o e;)e;) ~ II II II ::J: 3: n... :g~~ ~~52 oi3 ~ II ~ ~~l Ul ollm <~ ~~ )> ~~o ~m II .. ~ !ll!ll\(l Ul mO t:j\(l II ~ ...... II II VI 8~ I;; .1;; ~ ~ # m !s ... w 1Il '" .. 3:1Il j " ~ ~ ~ !z" n ~ ~ o..:t. > . . ". j '" ~ ~ IS ~ .9 w o ~ ~ i:n ~ t 5 -i ~ '" ~. ~ ~ ~~~ ~lS o III ~~ Z ~~ ~ ...0 ~~ 3:~~ ~~ m~ ~ ge:i z... II ~~e;) !i~ ~~ ~' 0 m.". i ' . a ~o t:j\!J1ll >m ~~ ~~ z ~ VI m F~ ~~ ~ CJ m ~~g ~~ ~~ Ul ~ 3:3:~ ~> 9 ~ ~~ !lJ~ ~ ~~ ~ ~~~ lIlm II "'0 Be 0 ~j ~ n ~ m ------ .~ OlE:: ::J: :>t mm8 lIP t;;I "'0 ~ ~~ d 3: 3: III ~ e: U h m 0 ::J: ~ Z z d '" ~ ... ~ I~ ..; III e: ~Ul m ; Z r- G) ~ e;) 2l t:: VI 5i :I: ~ m z C m JIlw%,,-n1m 01 n III r ~ w ~ ~i . !: ~ e I i ! I l:l ~ i II M "'0 ~. z ;::j :z G) C ~ It I .... lOW - ~--------------- aI . t;; ~ ~ ~~ I; i a ~ ----:;l 11Il Cl ~z I I I I I I '" I I ~ I I q I lS' 01 ~I '" ~ i ~ :I: W .... I "'. ~I I I ..; ~ ~ '" z o OJ I ~ : g/ ~ I I WJ~! I;; I I ~i 'i~ I I ..ft .ft 18ft' Z .. ~ 4 1Il Cl z 24 ft il I j' CJ 31.95 ft I .. ~I ~ I :>t lIP i: > z -:7Z ~ ~ fUGlSTN'F AD VI >> ::t 8 rI m l'l 3: I! I )> PILOT KNOB AD ~ ~ i ;;I II .. c: !: ~ m a """"" 5CHWINE55 RETAIL CEN'nR """"""" ........... PILOT KNOB & ELK RIVER TRAIL LANDSCAPE PLAN GRAND PROJECTS, INC. fTl/06/Ul GENERAl REVISION! FARMINGTON, MN P.O. BOX 19 NORTIlFIELD. MN 55057 DRA.,.,..BY I DAle 01/16/01 PH: 517 ,.......un FAX: M7 '.""4511 I~t~ll Sl, 6\ Q.>. IZ-(T 12'-6" - '. .TENANT COpy ~, " Q" ~ '" l'. . ...,...,,-~ ~ !'it.,. , .. ~ '1:. -. __ '"- _ __ _ ,.. ~. . "_ 0 TENANT COPY 150.00 SO Fl 13'-6" PROJ ECT t'Yl.OII i lEI 1.\1 11 S ClISTOMER EIII/\SS nWrEr;:llES CITY STATE l f-t..~I.IIIIG 1011 1.111 r "'IN~i~ REVISION j FONTS 1I SED:-'Ii .... T 30" 1 Vil.lITE F/-..cE '.'1/ 3lvl TR/..}ISLUCEHT FILL..j COLOR PETER.lvlll,IED BY TEI'Jr.NT REvEf5EP COPY 3" RET/\II'IER, & Pl'vlD ER. l3.AJ~.s C/-..l311'IET, P~ET/',.II'I ER, DI'v'IDER Br',S & SHROUt) Pl...! t'ITED D l-..F-~K B ROHZE 36" SHR.oU P THI S DR~WI NG I S THE PROPERTY OF J/J. A -'/-f 1'r r YV ~~~~ -ORIO. DATE I , DRAWN BY! I[ FILE No\ME 01: I.t/O':: I P.'...~.~1I1 I rL5.001283.cpr RE\o'. DATE 00/00/00 ClISTOMER APPROVAL I ~~~~~. REP. I ~5f.~~ .0" DATE J25 MINNESOTA AVE. N. O~NOCO, MN 55960 PHONE'" 507,}67 .-26;1 FAX'" 507..;67..26;; 1610 E. CLIFF RD BURNSVI LLE, MN 55;}7 PHONE ... 952.~94.-2421 FAX ... 952.~94..274t1 II WORI" ORDER #: ~~3 DEVELOPER'S SHOPPING CENTER PROJECT SUMMARY General Proiect Description Our goal for the Subject Property is to create a colorful, upscale, multi-tenant marketplace to attract a complementary variety of small to medium sized retail, restaurant, service, and related commercial businesses. Subiect Property The proposed project is located in Farmington, Minnesota on land legally described as Lots 3 and 4 of Block 1, Dakota County Estates 9th Addition ("Subject Property"). The Subject Property is 98,762 square feet in size and generally rectangular in shape, approximately 400 feet in length and 247 feet in width (see enclosed survey). The property is zoned as a Planned Unit Development pursuant to Ordinance 086-176, adopted February 18, 1986. The Subject Property is subject to a Development Contract dated September 9, 1994, that is filed of record. We propose to enter into a Planned Unit Development Agreement ("PUD Agreement") with the City of Farmington and with the signing of the PUD Agreement to terminate the existing Development Contract and file a release of the Development Contract with respect to the Subject Property. Deyeloper The Developer, Schwiness, LLC, is a Minnesota Limited Liability Corporation. The Developtir is the owner of Lot 4, Block 1, Dakota County Estates 9th Addition, and is the holder ofan option to purchase Lot 3, Block 1, Dakota County Estates 9th Addition. It is the Developer's intent to exercise the option upon obtaining the necessary City approvals. The principals of the Developer are commercial real estate developers and managers in the Twin Cities area. A representative sample of the principal's previous projects include the following: 1. Dakota Center, Eagan, Minnesota 2. Eagle Trace Center, Bumsville, Minnesota 3. Prairie Village Mall, Eden Prairie, Minnesota 4. Valley Creek Mall, Woodbury, Minnesota S. Centennial Lakes Medical Building, Edina, Minnesota 6. Lakeville Medical Building, Lakeville, Minnesota 7. Ridge Pointe Medical Building I and II, Bumsville, Minnesota 8. Perkins Restaurants (10 units in the Midwest) Buildint!s We are proposing a two-building complex (8,767 square feet each for a total of 17,534 square feet) and site layout (see the enclosed Site Plan) constructed with high quality, low-maintenance materials, an interesting architectural design, ample parking, and an overall Site Plan that creates a market-like environment. Architectural elements include brick, large glass storefronts and windows, two colors of decorative colored concrete block, stucco, a sill along the base of the building, and colored awnings (see enclosed Elevation Drawings; Floor Plan). Also, the site layout creates a "market" environment by facing the two structures towards each other rather than utilizing the classic long "row house" design. This layout seeks provide customers with a panoramic view, easy access to parking, and 1 dt;,<! parking in close proximity to all tenants encouraging shopping at more than a single tenant per visit to the site. This site design also avoids facing a very long building, and the associated signage, directly at the residences to the east ofthe Subject Property. Since the total building size is only 17,534 square feet, the lot coverage ratios are significantly below the maximum coverage ratios allowed by City Code, even if the area subject to the right of way is not included in the lot coverage ratio calculation. Lot Coverage Ratio: 17.75 % Lot .Coverage Ratio (without the lot area subject to the right of way easement): 18.90 % Allowed Lot Coverage Ratio: 25 % Since both lots comprising the Subject Property will be under common ownership and are part of the proposed coordinated development, the Developer requests that the PUD Agreement reflect that the side yard setback requirements in the City Code do not apply with respect to the common lot line separating Lots 3 and 4, of Block 1 of Dakota County Estates 9th Addition. Land Uses We propose that the Subject Property be used for those land uses generally permitted in the B-1 Zoning District as described in the Farmington Code. These uses include small to medium sized retail, restaurant, service, and related commercial businesses. The Developer specifically proposes the following uses: a. Retail Facilities b. Restaurants and fast food restaurants so long as the fast food restaurants are not free standing, are tenants in the shopping center on the Subject Property, and do not have a drive through lane. c. Coffee Shops d. Health Club e. Offices f. Personal and Professional Services, including financial services g. Personal Health & Beauty Services h. Animal Clinics 1. Convenience Store, without gas J. Automobile service and repair k. Clinics We also propose that other uses be allowed as follows: 1. Uses allowed in the B-1 Zoning Classification with a conditional use permit, subject to obtaining a conditional use permit from the Board of Adjustment; and 2. Additional uses approved by the City Council via future amendments to the PUD Agreement. Parkin!!: Parking stalls are distributed throughout the Subject Property for customer and employee use. The total of 131 stalls (128 standard stalls and 3 handicap accessible stalls) provided represents a ratio of approximately 7.5 stalls per 1,000 square feet of building space (or conversely, 134 square feet of building space per stall). Due to the anticipated variety of tenants and uses (see Land Use section of 2 dC6 this Project Summary and proposed PUD Agreement) and to accommodate future changes in the mix of tenant uses, we have elected to provide this substantial increase in parking over the retail standard ratio of 1 stall per 200 square feet. For example, the total stalls provided allows for half of the total building space to receive parking at the rate of 1 stall/200 square feet and the other half of the total building space at the rate of 1 stall/l00 square feet, twice the normal retail standard. Sitroat!e - Buildint! and Plvon The building design provides a visible location (stucco element above awnings) for tenant storefront building signs above entrances. The total building signage square footage (200 square feet per building) will be divided proportionately between the anticipated 4 to 6 tenants per building. Due to the preferences of the currently unknown mix of tenants, some may utilize backlighted panel signs and others may opt for individually lighted letters and logos. However, the total areas covered by either concept shall be limited to the maximum allowable area per building. A pylon sign (ISO square feet maximum and not exceeding 26 feet in height) for each site is proposed (see Site Plan and separate sign design illustration included with this submission) along the west side to identify tenants to the high speed traffic along Pilot Knob Road. The pylon sign for the north lot has been moved south of the northwest corner of the lot so as not to interfere with the existing pylon sign on the lot north of the Subject Property (animal hospital and bank site). It is our understanding that the 'City Code calls for the pylon sign setbacks to be the same as the building (50' from the property line). It is also our understanding that this has generally not been considered to be practical on small lots and that neighboring properties have all been granted variances to place pylons in the landscaped yards along Pilot Knob Road. We request to be allowed to locate our pylons at a point no closer than 25 feet from the west property line (this is the same as 10 feet from the right-of-way line). Landscaoint! The Landscape Plan was designed to meet the various plant number, species, and spacing requirements, and the landscaped perimeter requirements set forth in the City Code (see enclosed Landscape Plan). The total landscaped portion of the site including yards and islands with plantings represents approximately 18,700 SF of the total site area of 98,762 SF or more than 18% of the site, substantially greater than the minimum City Code requirements of 10%. The landscaped yards located along the perimeter of the site include numerous landscaped islands providing traffic control and bre~g up paved expanses. Coniferous trees and shrubs set on a small berm are proposed along English Avenue to screen the subject property from adjacent residential zoning. . We also will complete the sidewalk in this east perimeter by connecting the existing sidewalk on the lots directly north and south of the Subject Property. The Pilot Knob side of the property includes ornamental trees and other low-growing plantings to avoid obscuring storefront visibility from the Pilot Knob Road side. The Planning Staff has requested an unpaved perimeter of 25 feet from the west property line to the parking lot to accommodate the right of way easement and a 10 feet wide unpaved perimeter. We respectively propose a parking setback of 23 feet on the west property line. In order to obtain the various benefits to the local residents, customers, tenants, and the Developer of facing the two buildings towards each other, we are losing a significant amount of building square footage (please 3 .;,c;.~ note the low lot coverage ratio). Accordingly, the width of the Subject Property is a key factor in determining whether there remains sufficient building square footage to make facing the building towards each other a viable option. In support of our request, we present the following: . A setback of 23 feet accommodates the City's request for an unpaved area along the west lot line (the distance between the existing bike path and the parking lot is approximately 23 feet). . The 8 feet available between the right of way line and the parking lot provides us with sufficient area to construct an attractive landscaped area along the west perimeter. Landscaping along this area is intended to be smaller scale (ornamental deciduous trees and low shrubs) so as not to obscure the storefronts from the traffic on Pilot Knob Road. . The total landscaped area in the.Subject Property exceeds the minimum landscape coverage by 80%. . The proposed setback allows us to build two building facing each other thus avoiding the problems associated with one long strip center. A single building spanning both lots yields substantially greater building coverage on the Subject Property but is less desirable in several ways due to the unique nature of this location which is fronted by both Pilot Knob Road, a major County route, and English Avenue, a neighborhood street. First, fronting the complex towards the English Avenue side results in greater storefront lighting, headlights and retail activity directed across the street towards a residential neighborhood. Second, this approach turns the. back of the complex to the high traffic counts on Pilot Knob Road and exposes only the less attractive delivery and trash handling areas to the thoroughfare. Third, fronting the complex towards Pilot Knob Road gave the businesses plenty of exposure to a high traffic counts but forced customers to enter the site from the rear and then drive around the building to reach store entrances. Also, in this layout the residences to the east of the Subject Property face the delivery and trash handJ,ing functions. Fourth, the length of the shopping center may result in a less attractive shopping center. . The proposed setback allows for the accommodation of a 27" storm sewer that serves areas west of Pilot Knob Road and passes through these two lots at their common property line. . The proposed setback allows us to increase on site parking as compared with other site designs. The City Code provides for a wide variety of parking requirements, and the requirements are particularly stringent for restaurants. To accommodate the need for local restaurants as documented in the Citizen Survey and to meet the City Code parking requirements, we endeavored to increase the amount of parking on site. . The proposed setback allows customers on both Pilot Knob Road traffic and English Avenue to look through the site and still view storefronts and signage. . 4 c:?c" · Other options to squeeze an additional two feet setback either negatively affect traffic flow (e.g., one way drives), interfere with delivery vehicles and fire fighting equipment access to the west side of the Subject Property, or reduce the size of the building beyond the 8 feet site reduction already offered by the Developer. · It is our understanding that the proposed setback meets the parking lot setback requirement of 10 feet from the property lot line and meets the landscape perimeter requirement of an unpaved perimeter of at least 10 feet between the property line and the parking lot. For all of the above reasons, we concluded that the site layout as submitted is the best and most desirable alternative. It provides for a substantial unpaved landscape perimeter, benefits the surrounding neighborhood by minimizing negative externalities, allows for additional on site parking, opens up the site and "visually connects" Pilot Knob Road and English Avenue. Please consider our entreaties in this regard. Construction Timeframe Subject to obtaining the necessary approvals, we plan to begin construction in April, 2002 and complete construction in September, 2002. The project will not be phased and the development of both lots will occur simultaneously. 5 C;>Co15 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farminfrton.mn.us January 24,2002 Mr. Jon Einess Schwiness, LLC 708 North First Street, #423 Minneapolis, MN 55401 RE: Einess Commercial Property Dear Mr. Einess, Engineering staff has reviewed the construction plans that were submitted for the above referenced project. The following comments need to be addressed prior to the next submittal: General Comments 1. Submit project specifications for review. Include requirements for testing. 2. Provide stop signs at all intersections to English Avenue. 3. Include storm sewer schedule (Include structure number, size ofMH, casting, etc.). 4. Include storm sewer profiles. 5. Show sanitary service connections to the existing 15' stubs into the properties. Currently connections are being show at the property line. 6. The 5' sidewalk constructed must line up with the property to the north (Approximate 12' boulevard). 7. Label B612 (Typical) curb and gutter. 8. Storm sewer pipe angels within manholes must be greater the 90 degrees (Near access between lots 3 and 4). 9. Show 27" storm sewer between lots as existing. 10. What do the circles with numbers in them within the parking lot area represent? 11. Address all comments in the attached letter dated 01/24/02 from John Powers (Fire Marshal). Sheet C-l (Grading and Drainage Plan) 1. Show contours and topography beyond the project limit (To the buildings on the north and south sides and to road centerline on the east and west sides). 2. Include rock construction entrance per City Plate ERO-08. c:?C:,9 3. Include percent of grades in the parking lot areas. 4. Define limits of silt fence (Reference is made in Note #5). Place around perimeter of project. Sheet C-2 (6" Water Main Plan and Profile) 1. Label hydrant, include TNH elevation, 6" GV and reference City Plate W A T -01. 2. Label 8"x6" reducer at watermain connection. 3. Where will the bituminous be disturbed as referenced in Note #7. Please address each of these comments and re-submit the plans and additional information requested. If you have any questions, please contact me at (651) 463-1600. Sincerely, ~Yh~ Lee M. Mann, P .E. Director of Public Works/City Engineer cc: File Grant Jacobson, Jacobson Engineers and Surveyors Kevin Carroll, Community Development Director Lee Smick, Planning Coordinator Mike Schultz, Associate Planner John Powers, Fire Marshal c;??o r JI B'r 11f11t16TOI~. FID 'Er~ ~BEPIIT)M(E~T(T ~=~ !YIJL~!1r or ~ ~ ~ ~IIL....., _ ~,~ =~~,.",. !YlJL......f:!tlI =0 Established 1880 325 Oak Street Farmington, Minnesota 55024 1-24-02 Comments added 2-7-02 Jon Einess Re: Site Plan Review- Schwiness Retail Center I have reviewed the plans for the above-mentioned project. These plans were approved as noted, provided the following items are addressed and corrected: 1. The location of the new fire hydrant"sho~d J>e;ffioved to the next island west of the proposed location. This wo 'd mthe'hre depj ility to access it in the event of the fire. ,'run t: ;;, 4 .,~; cr;' ,- :; This was addresses a rected on the plan ~ubJ!litted 2:.. - 2. Provide "No Parkin . re Lahe"sigrtKge,~IJrig fh~ ~a~t aIi((~est buildings. Signage s ,uld also be posted along theoutside.of the center of the development. '>:';,' i:~;.,i.;',/: :.';:: This was addressed and corrected'Cf~tJ'lepran iubmltted 2-6-02. ,ff^" ,,.<;;.>" .,~...,/ lIs of both arking aisles in the >'-'~^:"-_'" .y~r / t <" ,1'>,.,.' _.} . t 3. Provide a Fire Departm t Knox Lpck Box~Qne~ch l:>J;iiIding. The placement of the Kn Boxes w.ill b~ determirred by the Fi buildings are complete. ,.. ",.. t:"/S""""" -<,"_,,"~,_~,",,,,^,"_,"-"""'<i_'_"A;""'C,):;; 4. It is the Farmington Fire De,,~~~;~.g?~i~~,?~:~~:~~~9:~~e the installation of automatic fire suppression systems a{thtt'imeJJ6t"c6iistfuction. In this project, fire sprinklers may not be required to be installed; however, the use of the building(s) will be limited without the installation of sprinklers. Uses mcluding but not limited to, auto repair, restaurants that serve alcoholic beverages, high-piled storage, daycare and the storage or use of hazardous materials may not be allowed without automatic sprinklers. It has been indicated that the builder will not install automatic sprinkler protection in the buildings at this time. It is understood that the building uses will be limited by current and future Building and Fire Codes adopted by the jurisdiction. Careful inspections and installation reviews will be conducted to assure compliance. This review does not necessarily indicate all deficiencies on the plan, nor does it relieve the builder or contractors of their responsibilities during or after construction. If you have any questions please feel free to call me at 651-463-1840. John Powers c:?"/I DRAFT DRAFT DRAFT PLANNED UNIT DEVELOPMENT AGREEMENT AGREEMENT dated ,2002, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation (referred to herein as "City"), and Schwiness, LLC, a Minnesota Limited Liability Corporation (referred to herein as "Developer"). RECITALS A. Developer owns property situated in the County of Dakota, State of Minnesota, and legally described as Lot 4, Block 1, Dakota County Estates 9th Addition and holds an option to purchase property situated in the County of Dakota, State of Minnesota, and legally described as Lot 3, Block 1, Dakota County Estates 9th Addition.(collectively referred to herein as "Subject Property"). B. The Subject Property was rezoned from R-l to Planned Unit-Development as part of Ordinance 08.6-176, adopted the18.th day of February, 1986. C. By agreement dated September 9, 1994, the City approved a Development Contract for the Subject Property ("Development Contract"). NOW, THEREFORE, the parties agree as follows: 1. Request for Approval. Developer has asked the City to approve a Final Site Plan for the Subject Property (also referred to in this Agreement as the "Site Plan"). 2. Conditions of Approval; Conditions of Agreement. The City hereby approves the Site Plan for the Subject Property subject to the conditions set forth in this Agreement, on condition that Developer enters into this Agreement. The Developer owns that portion of the 98382 1 c:I. ") ~ DRAFT DRAFT DRAFT Subject Property described as Lot 4, Block I, Dakota County Estates 9th Addition. It is the Developer's intent to exercise the Developer's option to purchase that portion of the Subject Property described as Lot 3, Block 1, Dakota County Estates 9th Addition upon City Council approval of the Site Plan and this Agreement. This Agreement shall not become effective until and unless Developer obtains ownership of both lots constituting the Subject Property. 3. Effect of Planned Unit Development Approval. For a period of three (3) years from and after the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout, or dedications of the development unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything within this Agreement to the contrary, and subject to non-conforming use rights and to the extent permitted by State and Federal Law, the City may require compliance, with any amendments to the City's Comprehensive Guide Plan, Zoning Ordinance, official controls, platting or dedication requirements enacted after the date of this Agreement. 4. Plans. The City grants approval to the development of the Site Plan in accordance with the following plans, which are on file at Farmington City Hall. The plans are not attached hereto. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A - Site Plan Plan B - Elevation Drawings; Floor Plan Plan C - Water Main Plan Plan D - Grading/Drainage/Utilities Plan Plan E - Landscape Plan 98382 2 0173 DRAFT 5. DRAFT Terms of Site Development. DRAFT The Subject Property shall conform to the following minimum requirements: 98382 A. Building Area - The two buildings are not to exceed a footprint of 17,534 square feet. B. Building Design/Materials - The building design and materials will be consistent with that of the site plan and building details approved by the City Council. A minimum of 10% of the total building face will be made up of brick, the remaining 90% will be made up of impregnated color rock faced concrete block, stucco, stone and glass. C. Parking.- A minimum of 127 standard parking stalls and a minimum of 3 handicap accessible parking stalls will be maintained and used for commercial use by customers, vendors and other visitors to the Subject Property. The City and the Developer agree to a parking setback of 8 feet from the right of way line on the west side of the Subject Property. D. Signage - Both wall and pylon signage will be permitted and not to exceed the following standards: 1. Wall signage - For each building, the total wall signage cannot exceed 10% of the following: the sum of the gross area of the two front facades of the building. In no event shall the total wall signage exceed 200 square feet per building. There is no size limitation on individual signs so long as the above-referenced limitations are met. 11. Pylon signage - Two pylon signs not to exceed 150 square feet for each sign nor to exceed twenty-six (26) feet in height. Only one (1) 3 d/'~ DRAFT DRAFT DRAFT pylon sign per lot. The minimum required setback for pylon signage is approved to be reduced from the required fifty (50) foot setback to ten (10) feet as measured from the C.S.A.H. 31 right-of-way easement or twenty-five (25) feet from the actual west property line. This signage does not include any necessary directional or parking signage. E. Landscaping - Except as otherwise specifically provided herein, the Site Plan will meet or exceed the minimum requirements of the City's Landscape Ordinance. F. Sidewalk - The Developer will be responsible for the construction of the sidewalk along English Avenue, completing the connection between the two existing sidewalks. G. Trash Enclosures - The Developer will provide two (2}trash enclosure's (one for each building on the Subject Property) that will be constructed with the similar materials as proposed for the main structure. H. Side Yard Setback - The City and Developer agree that the side yard setback requirements in the City Code shall not apply with respect to the lot line separating Lot 3 Block 1, Dakota County Estates 9th Addition and Lot 4 Block 1, Dakota County Estates 9th Addition. 6. Zoning. The following land uses are permitted under this Agreement and any other uses not included below will require one of the following: (i) an amendment to this Agreement approved by the City Council; or (ii) a conditional use permit authorized by the Board of Adjustment pursuant to 98382 4 0} 75 DRAFT DRAFT DRAFT the conditional use permit process and City Code for the B-1 Limited Business District Zoning Classification. a. Retail Facilities b. Restaurants and fast food restaurants so long as the fast food restaurants are not free standing, are tenants in the shopping center on the Subject Property, and do not have a drive through lane. c. Coffee Shops d. Health Club e. Offices L Personal and Professional Services, including financial services g. Personal Health & Beauty Services h. AnimalClinics \. .1. Convenience Store, without gas J. Automobile service and repair k. Clinics 7. Compliance with Permit and Licenses. It is the responsibility of the Developer to obtain and comply with all necessary approvals, permits, and licenses from the City of Farmington, Dakota County, Minnesota Pollution Control Agency, Minnesota Department of Health, and any other regulatory agency affected by or having jurisdiction over the site. All costs incurred to obtain said approvals, permits, and licenses shall be the responsibility of the Developer. 8. Compliance with Laws and Regulations. Developer represents to the City that the proposed development complies with all applicable City, County, Metropolitan, State, and 98382 5 ~,~. DRAFT DRAFT Federal laws and regulations, including but not limited to DRAFT of the Farmington City Code, planned unit development ordinance, subdivision ordinances, zoning ordinances, and environmental regulations in effect during the course of this development or Agreement. Developer agrees to comply with such laws and regulations. 9. Enforcement. Developer shall reimburse the City for reasonable costs incurred in the enforcement of this Agreement, including reasonable engineering and attorney's fees. Developer shall pay in full all bills submitted to it for the above-referenced costs by the City within sixty (60) days after receipt. Bills not paid within sixty (60) days shall be subject to an eight percent (8%) per annum interest charge. . 10. ,Miscellaneous. A. Breach of any material term of this Agreement by Developer ,shall be grounds for denial of building permits. B. If any material portion, section, subsection, sentence; clause, paragraph, or phrase of this Planned Unit Development Agreement is for any reason held invalid as a result of a challenge brought by Developer, their agents or assigns, the City may, at its option, declare the entire Agreement null and void and approval of the final planned unit development shall thereby be revoked. C. The action or inaction of any party shall not constitute a Waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement after expiration of time in which the work is to be completed shall not be a waiver or release. 98382 6 d77 DRAFT D. DRAFT DRAFT This Agreement shall run with the land and shall be recorded in the Dakota County Recorder's office. The Development Contract dated September 9, 1994, is hereby terminated with respect to the Subject Property as of the date of this Agreement. The parties shall file a release of such Development Contract covering the Subject Property within a reasonable time after the date of this Agreement. E. This Agreement shall be binding upon the parties, their heirs, successors, or assigns, as the case may be. F. Third parties shall have no recourse against the City or Developer under this Agreement. G. Except as otherwise specified herein, Developer shall pay all costs incurred by Developer and the reasonable costs incurred by the City in conjunction with the development as set forth in the Site Plan, including but not limited to Soil and Water Conservation District Charges, legal, planning, engineering and inspection expenses incurred in. connection with approval and acceptance of the Site.Plan, and the preparation of this Agreement.. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. 11. Notices. Required notices to Developer shall be in writing, and shall be either hand-delivered to Developer, its employees or agents, or mailed to Schwiness, LLC c/o Jon Einess by registered mail at the following address: 708 North First Street, #423, Minneapolis, 98382 7 ei?"Jc; DRAFT DRAFT DRAFT MN 55401. Notices to the City shall be in writing and shall be either hand-delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: Farmington City Hall, 325 Oak Street, Farmington, Minnesota 55024. CITY OF FARMINGTON By: Gerald G. Ristow, Mayor And Edward J. Shukle, City Administrator Schwiness, LLC By: Jon Einess Its: Chief Manager 98382 8 ci? /~ DRAFT STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA) DRAFT DRAFT The foregoing instrument was acknowledged before me this day of , 20_, by Gerald G. Ristow and Edward 1. Shukle, the Mayor and City Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,20_, by , the of , a , on behalf of said Notary Public THIS INSTRUMENT WAS DRAFTED BY: 98382 9 C::?:~ ,,..) <-,. ' City of Farmington 325 Oak Street, Farmington, MN 55024 (651)463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: City Planning Commission FROM: Michael Schultz Associate Planner l~V SUBJECT: Schwiness Retail Center - Final PUD Agreement DATE: February 12,2002 INTRODUCTION Jon Einess, Schwiness, LLC, is seeking a approval of a Final PUD Agreement to construct two retail commercial buildings on Lot 3 and Lot 4, Dakota County Estates 9th Addition. (The developer currently owns Lot 3 and has a purchase agreement on Lot 4, which will be exercised upon approval of the PUD Agreement by the City Council). Plan nine: Division Review Applicant: Schwiness, LLC Jon Einess 708 North First Street #423 Minneapolis, MN 55401 ( . Referral Comments: 1. Lee Mann, Public Works Director/City Engineer 2. Lee Smick, Planning Coordinator Attachments: 1. Location Map 2. Developer's Project Summary 3. Site Plan (Sheet A-I) 4. Elevations & Floor Plan (Sheet A-2) 5. Grading & Drainage Plan (Sheet C-1) 6. Landscape Plan (Sheet L-l) 7. Signage Plan 8. Engineering Letter 9. Fire Marshall Letter (February 6, 2002) 10. PUD Agreement Property is located directly north of the Super America convenience store and south of the new Akin Hills Vet Clinic and situated between Pilot Knob Road and English Ave. Property Location: Legal Description: Lots 3 & 4, Block 9, Dakota County Estates 9th Addition c::R I Lot Sizes: Lot 3 = 49,044 square feet Lot 4 = 49,718 square feet Total Lot Area = 98,762 square feet* * Includes Pilot Knob Road Right-of-way easement = 5,991 Building Area: Each building is proposed to contain 8,767 square feet of retail space. Off-Street Parking: 128 Standard parking stalls + 3 Handicap parking stalls. The developer is requesting approval through the PUD agreement process to deviate from the required 10- foot parking lot setback to an 8-foot parking lot setback as measured from the right-of- way easement. Existing Zoning: R-4 PUD - Mixed Code Residential, Planned Unit Development Existing Conditions: The property is currently vacant. Surrounding Land Uses: Townhomes and Single-family residents to the east, existing commercial to the north and south, multi-family (Cameron Woods) to the west. Topography: The site sits slightly below the grade of Pilot Knob Road and !, slightly above the grade of English Ave. Streets and Accesses: English Ave will be the only street that will serve as access to the site. The developer is proposing one (1) shared access with the Akin Hills Vet Clinic and two (2) additional accesses for a . total of three (3) accesses serving the two lots (Akin Hills Vet Clinic currently has two (2) shared accesses at the property. lines). Sidewalks: A sidewalk is proposed along the west side of English Ave. connecting from Super America to the Akin Hills Vet Clinic property (one segment will remain on the north lot on English Ave and Upper 183rd Street). Parkland and Trails: A trail currently exists along the east side of Pilot Knob Road. Parkland has already been dedicated as part of the Dakota County Estates development. Pilot Knob Road Right-of- Way Easement: A fifteen (15) foot right-of-way easement exists on the west side of the two lots that resulted from the Pilot Knob Road project. As indicated in previous commercial developments, all measurements must be taken from the right-of-way easement instead of the property line in anticipation of any future road projects. An eight (8) foot wide bikepath encroaches 1.14 feet into the easement. c:? '7J ~ Proposed Si!!na~e Pylon Signage: Two (2) pylon signs each 150 square feet in area located separately on each lot. Each sign will be 26 feet in height. The tenant copy area is 30 square feet. The pylon signs are proposed to be placed 10 feet from the right- of-way easement (or 25 feet from the west property line); this is an encroachment of forty (40) feet from the required fifty (50) foot front yard setback for pylon signs. Wall Signage: Permitted wall signage is 10% for properties that contain wall and pylon signage. A maximum of 200 square feet for each building, divided proportionately among the tenants of each building. DISCUSSION The developer, Jon Einess of Schwiness, LLC, is seeking approval of a PUD Agreement for the proposed retail center located on Lots 3 & 4, Block 1, Dakota County Estates 9th Addition. (The developer currently owns Lot 4 and has a purchase agreement on Lot 3 in which he will exercise when the PUD Agreement is approved at the City Council). The proposed buildings would contain a total of 17,534 square feet of retail space (8,767. square feet each) and contain 4 to 6 tenants in each space.' , Allowable Uses/Conditional Uses Under the PUD agreement the below listed land uses. would. be permitted'..within the commercial development.. Any other land uses not specified within the PUD.Agreement but.are listed within the B,.l (Limited Business) Zoning District must seek a Conditional Use Permit to be approved by ,the Planning Commission and the City CounciL Any other uses not currently listed in either the PUD Agreement or within the B-1 zoning district must seek either a PUD Agreement amendment and/or amendment to theB- I zoning district. ;;1('. a. Retail Facilities b. Restaurants and fast food restaurants so long as the fast food restaurants are not free standing, are tenants in the shopping center on the Subject Property, and do not have a drive through lane. c. Coffee Shops d. Health Club e. Offices f. Personal and Professional Services, including financial services C?~3 g. Personal Health & Beauty Services h. Animal Clinics 1. Convenience Store, without gas J. Automobile service and repair k. Clinics Site Design The retail site has been designed in a fashion that the two buildings would be facing each other instead of facing Pilot Knob Road. The developer is proposing this design for two purposes; to avoid a single elongated "strip mall" design and the concept that the businesses will complement each better with the appearance that they are closer proximity to each other. The layout design offers a "market" environment with scaled down buildings that share architectural design elements and easy access parking. Building Design The developer is proposing two identical buildings that will be constructed of, brick, two colors' of . .concrete block (one forming a color band around the top' third of the buildings), stucco and large glass storefront windows. The building's front and side fa9ades will contain approximately 10% brick. Colored awnings overhanging the front walkway are also proposed, breaking up the frontfa9ade. n.. . Floor Plan Four (4) tenant spaces are currently shown on the floorplan,i each measuring,30'6'~iri width by 70' '8" -in ". . depth totaling 2,155 square feet. The size of these spaces will ,be adjustable to, meet the needs of the", i, ,'. tenant, this may allow for more or less than the four tenants currently shown in each building. Parking Lot/Access A total of 128 standard parking stalls and 3 handicap stalls are proposed to accommodate the needed parking. The developer has indicated the national standard is 1 stall per 200 square feet (1/200) of retail space. The proposed number of stalls would equate to 1 stall per 134 square feet (1/134) of building space. Because of the various uses that are permissible (i.e. restaurant, office, retail, service oriented, etc), and the varied minimum parking standards given with the City Code, the total number of spaces required is difficult to calculate. City parking guidelines requires 1/200 for retail, 1/250 for professional office, 1/75 for sit down restaurants and 1/15 for fast food establishments. Vehicular access for the development will be limited to English Ave with no access permitted from Pilot Knob Road. There are three proposed ingress/egress driveways; one (1) shared driveway access with the Akin Hills V et Clinic/Anchor Bank building along the property line. Two (2) additional accesses are spaced at the property line of the Lots 3 and 4 and the south end of Lot 4. The Super America site has one access from English and another off Elk Ridge Trail. c:? ~<f The developer has requested a minor modification in the requirement for parking lot setback as allowed under the PUD Agreement process. City Code requires a minimum setback of ten (10) feet from the property line for parking lots to allow for a landscaped yard. The developer is proposing an eight (8) foot setback as measured from the right-of-way easement or twenty-three (23) feet from the west property line. This would be a modification of two (2) feet in the required setback if approved. Lighting The developer is proposing six light standards positioned around the parking lot. Four (4) of the standards are located around the outer perimeter of the parking lot (two on the west side and two on the east side). Two (2) additional standards are proposed within the center island of the project. The standards will be "shoe box" design with the lighting directed downward to minimize spill. The developer is also proposing wall mounted light fixtures along the north, south and west walls of the buildings (the easterly wall was excluded due to the proximity of the residential housing across English Ave.). Three (3) wall mounts are proposed along the fronts, two (2) along the rear walls and one (1) on the west sides of the buildings. There will also be natural spill from the interior of the buildings through the large glass windows positioned in the front of the buildings. Landscaping City Code requires a minimum of 1 0% landscape area within the B-1 zoning district.(Section 10-6.., 14 (E) 5); The developer is proposing a total landscaped area of 18% of the site, this includes the fifteen (15) foot right-of-easement; excluding this area it is still almost 13% of the site area. The developer is proposing a three (3) foot landscaped berm on the east side of the development that wilL:. 'provide screen.ing'for,the. residents living on the east side'of.English Ave. . The berm wiHcontain thirteen. (13) Colorado Spruce to provide screening from the parking area (this is similar to what was provided- on both the Vet Clinic and Super America sites). .' '-; ';'",'~ .;- .;;'C;';. i The west perimeter of the parking area will also contain two varieties of crab trees (11 total), three (3) Marshall's Seedless Ash are proposed along the south property line and three (3) Norway Maple's are positioned near the accesses. A variety of bushes, spirea and daylilly flowers are proposed within the landscaped parking islands. Garbage Enclosures Two (2) 14' wide x 11' deep garbage enclosures are proposed, one located behind each building. The enclosures will be constructed of the same materials of the building and will be secured by a wrought iron gate. The Solid Waste Division has reviewed the proposed locations of the enclosures and found no issues with the location of the structures. Signage The developer is proposing both wall and pylon signage as part of the project. Two (2) 150 square foot pylon signs are proposed, one to be placed on each lot. The height of the proposed signs will be twenty- six (26) feet, the maximum permitted within a 50-mile hour speed zone. c:? 7f'5 The developer is seeking a modification to the minimum fifty (50) foot front yard setback requirement by placing the pylon signs ten (10) feet as measured from the right-of-way easement, this would be a deviation of forty (40) feet. The Planning Commission recently approved a seventeen (17) foot variance for the commercial property to the north. The City Sign Ordinance allows a- maximum 10% of wall signage when both wall and pylon signage is proposed. Based on this formula a maximum of 200 square feet of wall signage would be permitted for each building, this area would be allotted among the number of tenants in each building (e.g., four tenants in one building would be allowed a 50 square foot wall sign). The developer proposes to divide the area up proportionately among the tenants. Also, the developer has indicated due to the preferences of the tenants, some of the signs may vary in the type (backlighted cabinet signs or individually lighted lettering). . See the attached elevation drawing for the proposed placement of the wall signage and the site plan for the proposed location of the pylon signage. Engineering Comments Engineering Department has forwarded comments to the developerconceming engineering issues that need to be addressed before approval. Engineering is currently reviewing the plans submitted on February 6, 2002 (see attached letter dated January 24, 2002). . Fire Department Comments ... The Fire Marshall has reviewed the proposed project and forwarded comments dated January 24,2002~ The developer's architect submitted revised plans on February 6, 2002 that addresses the first two issues. The Fire Marshall indicated that issue #3 is typically addressed in the construction plans and issue #4 is recommendation to consider installing a sprinkler system (see attached memo dated February 7, 2002);. i'" "r.;,;';'" ,:1 . \. ACTION REQUESTED u " Forward a recommendation of approval to the City Council approving the Planned Unit Development Agreement for Lots 3 & 4, Block 1, Dakota County Estates 9th Addition with the following noted modifications to the minimum requirements of the City Code: Noted Modifications: 1. The parking lot setback of eight (8) feet is acceptable as measured from the Pilot Knob Road right-of- way easement, instead of the minimum ten (10) foot required setback, this is a deviation of two (2) feet. (Measured from the west property line to the curb is twenty-three (23) feet). 2. The front yard setback for the two pylon signs to be located ten (10) feet is acceptable as measured from the Pilot Knob Road right-of-way easement, instead of the minimum fifty (50) foot required setback, this is a deviation of forty (40) feet. (Measured from the west property line to the edge of the sign is twenty-five (25) feet). Approval based on the following contingencies: c?<;t~ 1. The PUD Agreement shall be contingent upon the applicant's acquisition of Lot 3, Block 1, Dakota County Estates 9th Addition. Michael Schultz Associate Planner Cc: Jon Einess, Schwiness, LLC Development file C-?~7 /OC--- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Mayor, Councilmembers, City Administrator~ 5: FROM: Karen Finstuen, Administrative Services Manager SUBJECT: Council Photographs DATE: February 19, 2002 INTRODUCTION A photograph session has' been scheduled during the Council workshop of February 20, 2002. DISCUSSION A group photo along with individual photos of each member of the Council has been scheduled with a local photographer for approximately 6:30 p.m. (or as soon as possible) February 20th. Council is asked to be available, in appropriate dress, at the photographers studio following the Joint Council/Planning Commission workshop and prior to the traffic calming workshop. Photos will be displayed on the City's web site and in City Hall. BUDGET IMPACT Funds are provided in the 2002 budget. ACTION REOUIRED This is for your information. Respectfully submitted, cYtw-- ;f~ Karen Finstuen Administrative Services Manager r;?~ Ie::?a- City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.d.farrnington.mn.us TO: Mayor, Council Mepbers, City Administrator~l . FROM: Lee Smick, AICP .(/ Planning Coordinator V-f SUBJECT: Consider Ordinance Amendment - Title 10, Chapters 1-10 of the Farmington City Code - Zoning Ordinance and Title 11, Chapters 1-6 of the Farmington City Code - Subdivision Ordinance DATE: February 19, 2002 INTRODUCTION / Since October of 2001, the City Council, Planning Commission and City staff has been involved with preparing ordinance amendments to the City's Zoning and Subdivision Code. The amendments to the code were prepared by the City's consultant, Hoisington Koegler Group, Inc. and are attached to this document along with the proposed amendments to the Zoning and Subdivision Code. DISCUSSION At the December 12, 2001 Joint City Council/Planning Commission meeting, City staff determined that it would be beneficial to review the proposed code amendments with the development community. Staff presented the proposed code amendments to developers on January 3, 2002 in order to receive comments concerning the revisions. A number of developers attended the meeting including: Michael Noonan - Rottlund Homes, Larry Frank - Arcon Development, Don Patton and Mike Suel- D R Horton, Steve Juetten - Newland Communities, and Benton Ford representing Progress Land Company. The following is a list of comments received from the developers. 1. Measurements for front yard setbacks from a public and private street should be addressed. 2. A gradation of the net density between the proposed R-3, R-4; and R-5 zoning districts should be addressed. 3. Proposed revisions to the maximum height of structures should be reviewed. 4. The elimination of the review of final plats by the Planning Commission should be reviewed. Hoisington Koegler Group, Inc. will address each of the above comments during the public hearing presentation of the ordinance amendments to the Zoning and Subdivision Code. ACTION REQUESTED Consider the approval of ordinance amendments for Title 10, Chapters 1-10 of the Farmington City Code - Zoning Ordinance and Title 11, Chapters 1-6 of the Farmington City Code - Subdivision Ordinance. c:? ca-9' ;;J1ZQ Lee Smick, AICP Planning Coordinator o?7tJ CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE, THE ZONING ORDINANCE Title 10 is the zoning ordinance for Farmington, Minnesota. This ordinance replaces the prior zoning ordinance adopted December 7, 1970, and all amendments thereto, and establishes a new zoning ordinance which contains the following chapters: Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Introduction Definitions Administration General Provisions Zoning Districts and District Provisions Performance Standards A printed copy of the entire zoning ordinance is available for inspection by any person at City Hall during the City Clerk's regular office hours. Approved for publication by the Farmington City Council this ,2002. day of CITY OF FARMINGTON BY: Gerald G. Ristow, Mayor ATTEST: BY: City Administrator SEAL Approved as to form the _ day of .2002. BY: City Attorney Published in the Farmington Independent the _ day of , 2002. ~9/ CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE AMENDING TITLE 11 OF THE FARMINGTON CITY CODE, THE SUBDIVISION ORDINANCE Title 11 is the subdivision ordinance for Farmington, Minnesota. This ordinance replaces the prior subdivision ordinance adopted December 7, 1970, and all amendments thereto, and establishes a new subdivision ordinance which contains the following chapters: Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 General Subdivision Provisions Procedures for Filing and Review Plat and Data Requirements Design Standards Required Basic Improvements Administration and Enforcement A printed copy of the entire subdivision ordinance is available for inspection by any person at City Hall during the City Clerk's regular office hours. Approved for publication by the Farmington City Council this , 2002. day of CITY OF FARMINGTON BY: Gerald G. Ristow, Mayor ATTEST: BY: City Administrator SEAL Approved as to form the _ day of .2002. BY: City Attorney Published in the Farmington Independent the _ day of , 2002. a?9';{ Memorandum Hoisington Koegler Group Inc. mil (gn TO: Farmington Honorable Mayor, City Council, and Staff FROM: Loren Gordon, AICP DATE: February 12,2002 SUBJECT: Zoning and Subdivision Code Drafts for adoption Background Information The January 8, 2002 Zoning and Subdivision Code Drafts are in order for City Council adoption. As you are aware, the Planning Commission has forwarded a recommendation for approval of the proposed revisions to both Zoning and Subdivision Codes. This draft represents the most recent revisions from the December 12, 2001 Planning Commission/City Council joint workshop in addition to appropriate Staff and developer comments. Lee Smick has included a memo noting developer comments from a meeting held prior to the Planning Commission hearing. As with all previous working drafts, this version incorporates a legislative format to identify new text as underlined and deleted text with a skiketftrel:lgR. V erticallines on the margins also assist in locating areas of changes. A final version is also complete for review as well. The Planning Commission held the required public hearing at its meeting on January 8, 2002 as prescribed by Minnesota State Statute 462.357. With Planning Commission hearing complete, this item has not been slated for City Council hearing, nor is the Council obligated by Statute to hold a second hearing. Overview of Proposed Revisions As a refresher, the purpose of this update is to accomplish two purposes, 1) satisfy the consistency needed between the Comprehensive Plan and land use controls, and 2) address a number of outdated or deficient sections. There are some sections you will note, such as the Signs and Billboards, which will be addressed at a later time. Numbering for this section has been reserved for a future update. To assist with your review of the Zoning Code, the following commentary should assist in identifying what sections were changed and why they were made. Chapter 1: Introduction . New Title (10-1-1), Validity (10-1-4), Repealor (10-1-5), and Effectuation (10-1-6) sections Chapter 2: Definitions . The definitions section is a comprehensive list of those previously found in other sections like landscaping, wetland, and adult use sections. . A number of new definitions to provide clarity and support for ordinance provisions. . There are definitions still within the Sign section that will be incorporated in Chapter 2. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 ~93 p.2 Farmington Honorable Mayor, City Council, and Staff February 12, 2002 Chapter 3: Administration and Enforcement . A number of administrative title changes throughout - i.e. Zoning Officer and Building Official. . Section 10-3-3 Board of Adjustment has the ability to establish Interim Use Permits. . Section 10-3-5 Conditional Uses - Statement to invoke reasonable conditions to mitigate impacts. . Section 1O-3-5(C)(7-9) Conditional Uses - Delete references to Conservation and Floodplain Districts. · Section 10-3-6 Variances (C) - New language for findings of fact based on practical difficulty and undue hardship. . Section 10-3-6 - Removal of floodplain language in CUP and Variance sections. . Section 10-3-7 - New section to address Interim Use Permits for temporary uses like quarries and land excavation. . Section 10-3-8 and 10-3-9 - New language to formalize appeals regarding fees and matters before City Council. . Section 10-3-11(E) - Rezoning language to reflect new State Statute. Rezoning from Commercial to Residentially zoned property requires 3/5ths vote while rezoning from Residential to Commercial property requires a 4/5ths vote. This section also does not specifically require Council to hold a public hearing on a rezoning unless they so choose. . New enforcement language to reflect MN State Statue in 10-3-12 and 13. Chapter 4: General Provisions . A number of sections in 10-4-1 General Requirements have been deleted because it is addressed by and/or is obsolete new zoning district or performance standard requirements. . Section 10-4-2 (B) Nonconforming Uses - This section is deleted to prevent the continued use of a building/land for a nonconforming use. . Section 10-4-6 Heritage Preservation Commission - Reference for zoning purposes to the HPC in Section 2-11 of the City's Municipal Code. Chapter 5: Zoning Districts and District Provisions . 10-5-5 Agricultural District - Revision of the minimum lot size from I to 40 Acres for Comp Plan consistency. . New Districts: 1. R-3 Medium Density Residential - This district was created for townhomes only. Staff has identified the need to make this distinction to prevent them from being intermingled with single family residential homes. 2. R-5 High Density Residential - This district was created for multi-family apartments only. Again, the idea is to have a specific zoning district for apartments. 3. Downtown Transitional - new zoning district intended to address mixed and higher density areas adjacent to downtown. 4. Downtown Residential - new zoning district intended to address the historical platting of single family areas generally east and south of downtown. 5. Spruce Street Commercial - new zoning district intended to provide areas for larger retail commercial uses that are not appropriate for the downtown. This district foresees an extension of Spruce Street and a complementary relationship of uses and design standards with the downtown. Material and design standards are set forth that require a high level of quality. Part of the discussion on this district is some general boundaries of this district. This district is 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 d71'l p.3 Farmington Honorable Mayor, City Council, and Staff February 12, 2002 focused on addressing the scale issues of "big box" retail development. 6. Industrial Park - This recognizes the existing industrial park and incorporates design standards. 7. Business Park - A new district that anticipates a higher level of design than the current industrial park incorporating many of the same building and site design standards as the Spruce Street Commercial District. 8. New Overlays: . Planned Unit Development - revisions are intended to allow more design flexibility by removing some standards. Also, the submittal and review timeframes are revised to be more realistic with current practice. . Floodplain - The Floodplain becomes an overlay district to provide better coverage for those areas outside of the City limits where limited information exists. . Deleted Districts: 1. Agricultural Preserve - The A-I and A-2 districts have been combined into one district that is essentially for agricultural pursuits. Single family residential is now limited to a I house per40 acres which is a major change from the current regulations which allow I acre lots. 2. Mixed Code Residential- The Residential Transition District is revamps this District. 3. Conservation - There were many property rights issues with this section as well as an inherent inconsistency in its intent which would have allow large lot residential. Most of the conservation areas on the map are within environmentally sensitive areas like floodplains which will ultimately limit development. 4. Floodway 5. Flood Fringe 6. General Flood Plain . Many revisions to use and bulk charts as noted as previously discussed. Chapter 6: Performance Standards . 10-6-3 Signs - This Section has been moved from Section 4 into the Zoning Code. Staff has made a number of revisions to the Section. Of note are the maximum size and height and the banning of pylon signs. This is a discussion item on the agenda and Staff will have examples of the proposed revisions. Definitions need to be pulled from this section and added to the comprehensive list. . 10-6-4 Off-Street Parking - There are a number of revisions to the number of spaces required of various use categories as well as the addition of some use categories not previously noted. This section includes a 5 feet driveway setback in residential areas. . 10-6-5 Off-Street Loading - Increase setback ofloading areas from 5 to 10 feet along local streets. . 10-6-9 Screening - Relax the berming setback standard of 15 feet to allow placement up to the right-of-way. Also, increased the screening provisions in item (B) to require a 100% opaque screen in certain instances such as business or industrial uses adjacent to residential areas. . 10-6-1 O(E) Landscaping - #2 Relaxed the landscaped yard provision from 20 to 10 feet which is more in line with district setback provisions. #7 clarified the intent of parking lot landscaping requirements. . 10-6-10(G) Landscaping - Minor revisions to the acceptable Tree Species list per Staff recommendations. . 10-6-11 Tree Preservation - This is a new section intended to be a first step at requiring the 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 C?95 p.4 Farmington Honorable Mayor, City Council, and Staff February 12,2002 consideration of tree stands in development proposals. This is a "softer" approach but does provide language for the City to stand on for lands that have these resources. The Planning Commission reviewed this language at its October workshop where the general opinion was that it is a good provision to include in the code update. · 10-6-12 Fences - No proposed changes but is a discussion item. · 10-6-16 Sexually Oriented Businesses - Incorporation of ordinance. · 10-6-18 Manufactured Homes - Reflecting State Statute to allow in any district that would allow multi-family dwelling units. · 10-6-19 Industrial Park Design Standards - Incorporate the standards into the Zoning Code. Major revision allows loading docks to be on a street side of a building with certain design and landscaping/screening considerations. Also relaxing parking setbacks from 35 feet to 10 feet from property lines. · 10-6-20 Spruce Street Commercial Design Standards - New section. As discussed in the districts, the design standards for buildings and site details attempt to require a much higher development standard that has a pedestrian scale to compliment an "extended" downtown. These are intended for the Business Park area along Hwy. 50. · 10-6-21 Business Park Design Standards - New section. Again, similar design standards to complement the retail uses in the Spruce Street Commercial District. · 10-6-22 Site Plan review - New section. The idea is to incorporate a design review process to ensure quality development in major development/redevelopment projects. Every new development would be subject to site plan review except single and two family dwellings. In redevelopment, there are triggers for when and who reviews the project. With a full review, the Planning Commission would have the ultimate approval authority. Smaller redevelopment projects are handled at a Staff level and some may be exempt. Many communities are incorporating similar processes to make sure on and off-site development impacts are addressed. Today, Staff incorporates this in development review at an informal level. The provisions intend to put more teeth in the process with a Planning Commission approval. In terms of a presentation, I will be prepared to review in detail the revisions to the Zoning and Subdivision Ordinances if it is the desire of the Council. Alternatively, I can also give a brief overview of the significant changes. Next Steps Assuming the Council approves the Codes on the 19th, City Staff will proceed with publishing in the paper to officially enact the ordinances. The Codes would be effectuated at that time. After the Zoning Ordinance text is adopted, Staff will present revisions of the Zoning Map to the Planning Commission and City Council. The map changes are required to reflect the Land Use Plan. Staff is currently working on a draft map and will begin review with the Planning Commission within the upcoming months. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 d{ cr~ City of Farmington Title 10: Zoning Ordinance Draft - January 8, 2002 City of Farmington Title 10: Zoning Ordinance Table of Contents Chapter 1: Introduction page 10-1-1 Title...................................... ................................................. ................................. 1 10-1-2 Intent...................................................................................................................... I 10-1-3 Supremacy..................................................... ......................................................... I 10-1-4 Compliance................................................................................................... ......... 1 1 0-1-5 Validity........................................................................................................... ........ 2 10-1-6 Repealer................................................................................................................. 2 10-1-7 Effectuation............................................................................................................ 2 Chapter 2: Definitions.................................................................................................................. 3 Chapter 3: Administration 10-3-1 Zoning Officer...................................................................................................... 21 10-3-2 Certificate of Occupancy...................................................................................... 21 10-3-3 Board of Adjustment ............................................................................................ 21 10-3-4 Appeals................................................................................................................. 22 10-3-5 Conditional Uses...................................................... .................... ................ ........ 22 1 0-3-6 Variances.................................................................................................... ..... ..... 26 10-3-7 Special Exceptions.......................................................................................... ..... 28 10-3-8 Appeals, Fees ........................................................................... ......... ................... 29 10-3-9 Appeals to City Council............ ............................... .......... ........................... ....... 29 10-3-10 Invalidation................................................................................................... ..... 30 10-3-11 Amendments.............................................................................................. ........ 30 10-3-12 Enforcement Penalties........................................................................................ 31 10-3-13 Enforcement Remedies............................................... .................... ...... ............. 31 Chapter 4: General Provisions 10-4-1 General Requirements................................. ......................................................... 32 10-4-2 Non-conforming uses ......... ................................................................. ............ ..... 33 10-4-3 Annexation and Designation of Land .................................................................. 34 1 0-4-4 Uses not Designated............................................................................................. 34 10-4-5 Height Regulations for Airspace Safety............................................................... 34 Chapter 5: Zoning Districts and District Provisions 10-5-1 Zoning Map..................... ........................................................................... ..... ..... 35 10-5-2 Zoning Districts............................................................................................... ..... 35 10-5-3 District Boundaries........................................................................... ................... 35 10-5-4 District Requirements.......................................................................................... 36 Agricultural Districts 1 0-5-5 A-I Agricultural District........ ..................................... ............................ ............. 37 Residential Districts 10-5-6 R-l Low Density Residential District................................................................. 39 10-5-7 R-2 Low/Medium Density Residential District .................................................. 41 10-5-8 R-3 Medium Density Residential District........................................................... 44 10-5-9 R-4 Medium/High Density Residential District.................................................. 46 10-5-10 R-5 High Density Residential District ............................................................... 48 10-5-11 R- T Downtown Transitional Mixed Use District............................................... 50 10-5-12 R-D Downtown Residential District .................................................................. 52 Business Districts 10-5-11 B-1 Highway Business District.......................................................................... 54 10-5-12 B-2 Downtown Business District....................................................................... 56 10-5-13 B-3 Heavy Business District ............................................................................. 58 10-5-14 B-4 Limited Business District.............................................. ....................... ....... 60 10-5-15 SSC Spruce Street Commercial District ............................................................ 62 10-5-16 BP Business Park ........... .................................................. ..................... ............. 64 Industrial 10-5-17 IP Industrial Park District .................................................................................. 64 10-5-18 I-I Light Industrial............................................................................................. 65 Overlay Districts 10-5-19 PUD.................................................................................................................... 67 10-5-20 Floodplain........... ...................................................................................... ......... 76 Chapter 6: Performance Standards 10-6-1 Residential Swimming Pools ............................................................................... 84 10-6-2 Home Occupations.................................................................................. ............. 84 10-6-3 Signs..................................................................................................................... 85 10-6-4 Off-street Parking................................................................................................. 85 10-6-5 Off-street Loading............................................................................................... 88 10-6-6 Accessory Storage Buildings ............................................................................... 89 10-6- 7 Temporary Structures........................................................................................... 89 10-6-8 Exterior Lighting................................................................ .................................. 89 10-6-9 Screening.............................................................................................................. 90 10-6-10 Landscaping................................................................................................. ...... 90 10-6-11 Tree Preservation............. ............... ...... ........... ........ ........ ..... ............................. 98 I 0-6-12 Fences................................................................................................................. 99 10-6-13 Display of Vehicles for Sale.............................. ............. ..................... ......... ..... 99 I 0-6-14 Towers............................... ..................................................... .......................... 100 10-6-15 Recycling Facilities.......................................................................................... 102 10-6-16 Sexually Oriented Businesses .......................................................................... 103 10-6-17 Wetland Standards ........................... ........ ........................ .................. .............. 105 10-6-18 Manufactured Homes........ .................... ................... ...... ......... ............... .......... 114 10-6-19 Industrial Park Design Standards..................................................................... 114 10-6-20 Spruce Street Commercial Design Standards .................................................. 117 10-6-21 Business Park Design Standards ...................................................................... 119 10-6-22 Site Plan Review......................................................................................... ..... 120 11 Chapter 1: Introduction 10-1-1: TITLE: This ordinance shall be known, cited and referred to as the Farmington Zoning Ordinance, except as referred to herein, where it shall be known as this Ordinance. 10-1-l1.: INTENT: (A) Protect and promote the public health, safety and general welfare of the community. (B) Classify properties into zones and districts reflecting their suitability for particular uses as outlined generally in the Comprehensive Plan. (C) Provide for sequential planned development that will allow the efficient and orderly expansion of utility systems without premature urbanization of existing undeveloped land. (D) Regulate the location, construction, reconstruction, alteration and use of buildings, structures and land. (E) Protect against fire, explosion, noxious fumes, offensive noise, vibration, dust, odor, heat, glare and other pollution and hazards in the interest of the public health, comfort and general welfare. (F) Conserve natural resources and maintain high standards of environmental quality. (G) Preserve and protect the capacity of flood plains and natural ponding areas to carry, hold and discharge excess surface water. (H) Ensure adequate light, air, privacy and convenience of access to property. (I) Provide for the administration of this Title and define the powers and duties of the various administrative officers and bodies. (J) Provide for the enforcement of this Title and prescribe penalties for the violation of its provisions or any future amendments. (Ord. 086-177, 3-17-1986) 10-1-~~: REQUIREMENTS: SUPREMACY The provisions of this Title are the minimum requirements for promoting and protecting the public health, safety and general welfare. When this Title imposes greater restrictions than those proposed by other statute, ordinance or regulation, the provisions of this Title shall be controlling. (Ord. 086-177, 3-17-1986) 10-1-~';: COMPLIANCE: No structure shall be located, erected, constructed, reconstructed, moved, converted or enlarged; nor shall any structure or land be used or be designed to be used, except in full compliance with all provisions of this Title and after the lawful issuance of all required permits and certificates. (Ord. 086-177, 3-17-1986) City of Farmington Zoning Regulations Draft - January 8, 2002 page 1 10-1-4: VALIDITY If any section, subsection, sentence, clause or phrase of this ordinance is for any reason found to be invalid, such decision shall not affect the validity of the remaining portions of the Ordinance. 10-1-5: REPEALOR Upon the effective date of this ordinance, all previous provisions and sections contained in Title 10 of the City Code and adopted prior to the effective date of this Ordinance are hereby repealed. 10-1-6: EFFECTUATION This Ordinance shall be in full force and effect from its passage and publication according to law. City of Farmington Zoning Regulations Draft - January 8, 2002 page 2 Chapter 2: Definitions Terms not defined in this Title shall have the meanings customarily assigned to them as a matter of usage. The defined words which follow shall be interpreted accordingly: ACCESSORY APARTMENT: A dwelling unit which is subordinate to a permitted principal one-family residence in terms of size, location and appearance and located on the same lot therewith. ACCESSORY BUILDING OR USE: Any building or use customarily incidental and subordinate to the principal building or use and located on the same lot as tAe principal building or use. ;\CCESSORY STORf.GE BUILDItJG: :\ny portable or permanent bHilding designed to be used iR eORjunction ',vitH a d'.velling unit for the storage of garden, lawR, recreational or similar dOl'nestic supplies and equipment. ACCESSORY USE or STRUCTURE: A tt5e-ef-structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal tt5e-ef-structure. AGRICULTURE: Cultivating the soil, producing crops and raising livestock.Agricultural means the production of livestock, dairy animals, dairy products, poultry or poultry products, fur-bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, timber, trees, or bees and apiary products. AGRICUL TURE SERVICES: A use primarily engaged in the repair or rental of farm tools and implements, feed, grain, tack, animal care products and farm supplies. This definition excludes the sale of large implements such as tractors and combines, but includes farm machinery repair services that are accessory to the principal use. ANIMAL CLINIC: An establishment where animals are treated and/or hospitalized by veterinarians. An establishment for the care, observation and treatment of small animal. including household pets. ANTENNA: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, satellite dishes, and ornni-directional antennas, such as whip antennas. AUTOMOBILE REPAIR, MAJOR: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including bodywork, framework, welding and major painting service. AUTOMOB ILE REPAIR, MINOR: The replacement of any part or repair of any part which does not require removal of the engine head or pan, engine transmission or differential; incidental body or fender work, minor painting and upholstering service. A VERAGE BUFFER WIDTH: The average width of a buffer area within single development lot, or phase. B:\SEMENT: ,\ story Having more than fifty perceRt (50%) of its clear HeigHt below fiRisHed grade. BASEMENT: This includes A;!ny area of a structure, including crawl spaces, having its floor below ground level on all four (4) sides, regardless of the depth of excavation below ground level. City of Farmington Zoning Regulations Draft - January 8, 2002 page 3 BOARD: The Board of Adjustment established by this Title. BO,^.RDING HOUSE: ,A. building, Aot a hotel or B'lotel, where for eompensati(:lA and for prearraAged periods, meals and/or lodging are provided to AOt less thaA three (3) Aor more thaA teA (10) persofls. BUFFER AREA: An unknown, undisturbed, or reestablished vegetated area adjacent to a wetland that is an integral part of protecting the wetland ecosystem through filtering, pollutants and providing adjacent habitat. BUILDABLE AREA: The space remaining on a lot after the minimum setback and open space requirements of this Title have been met. BUILDING: Any structure intended for the shelter, support or enclosure of persons, animals or property of any kind. BUILDING HEIGHT: The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs and to the average height between eaves and ridge for gable, hip and gambrel roofs. BUILDING SETBACK: The distance between the building line and the property line or, in the case of a shoreland yard, the ordinary high water level, or in the case of a lot containing all or a portion of a wetland, the nearest edge of the wetland buffer area. Buildings setbacks may also be measured from the street ed!;!:e or back of curb in instances where the yardspace has a separate or common ownership from the building or unit. This is typical practice with multifamily units such as townhomes. CANOPY TREES: Those species of tree that reach a height of thirty feet (30') to seventy feet (70') or taller at maturity and which are usually grown with lower limbs removed to preserve visibility. CERTIFICATE OF OCCUPANCY: A certificate issued by the Building Inspector for any structure built or change of use within any structure before it is occupied. CHILD DAY CARE CENTER, COMMERCIAL: A facility other than a private residence, receiving one or more minor children for regular shelter, care, activity and supervision where the parents or guardians are not immediately available to the child. CLINIC: Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight. A facility providing dental, medical, psychiatric, or surgical service for sick or iniured persons exclusively on an out patient basis, including emergency treatment, diagnostic services, training, administration, and services. CLUSTER PLANTINGS: A grouping of three (3) or more plants installed in close proximity to one another. CLUB: Any establishment operated for social, recreational or educational purposes but open only to members and guests only and not to the general public. COMMERCIAL RECREATIONAL USES: The provision of entertainment, games of skill or lessons to the general public for a fee, including but not limited to dance and karate studios, golf driving range, archery, and miniature golf. City of Farmington Zoning Regulations Draft - January 8, 2002 page 4 COMMERCIAL SERVICES: Retail establishment that primarily render services rather than goods. Such services may include, but not limited to, copy shops, printing services, package and postal service, photo processing, ianitorial services and similar services. COMMERCIAL WIRELESS TELECOMMUNICA nON SERVICES: Licensed commercial wireless telecommunication services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), pager, and similar services that are marketed to the general public. CONDITlON;\L USE: ,\ use whiCH, because of special problems of control, reql:lires reasonable limitatimw peculiar to the use for the proteetiofl of tHe publie welfare and the iRtegrity of the Comprehensive Plan. CONDITIONAL USE: A listed specific type of structure or land use that may be allowed but only after review and with appropriate conditions or restrictions as provided in the Zoning Ordinance. CONDITIONAL USE PERMIT: A permit issued by the Planning Commission in accordance with procedures specified in this Title as a flexibility device to enable the Commission to assign dimensions to a proposed use or the conditions surrounding it after consideration of adjacent areas and their functions and the special problems which the proposed use presents. CONDOMINIUM: Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. CONDOMINIUM UNIT: A portion of a condominium, whether or not contained solely or partially within a building, designated for separate ownership, the boundaries of which are described pursuant to MSA section 515A.2-11O. CONVENIENCE STORE, WITH GAS: A small retail establishment that sells groceries, household items and gasoline intended for the convenience of the neighborhood, but does not include automotive services stations or vehicle repair. CONVENIENCE STORE, WITHOUT GAS: A small retail establishment that sells groceries and household items intended for the convenience of the neighborhood, but does not include gas pumps, automotive services stations or vehicle repair. COVERAGE: That portion of a lot covered by the principal and accessory use structures. DA Y CARE FACILITY, IN-HOME: A single family dwelling in which a permanent occupant of the dwelling provides for the care of children or adults. Those receiving care are not all related to the occupant or to each other and are not the legal wards or foster children of the attendant adult. For the purpose of this ordinance, such activities shall meet all requirements of home occupations. The home must meet all state standards for registration and inspections and not exceed state limits for number of clients. D,^. YC'\RE F,'\CILITY: ,'\RY State or County licensed facility, Jll:lblie or private, wRieR f-or gain or otRerwise re!:,"I:llarly provides care of a child in a residence outside tRe child's own Rome for periods of less than t'Nenty four (21) hours per day. DECIDUOUS TREES: Those trees which drop all of their leaves annually, such as ash, maple, oak, linden, etc. City of Farmington Zoning Regulations Draft - January 8, 2002 page 5 DENSITY, NET: The number of dwelling units per acre minus features such as wetlands, water features (excluding storm water ponding facilities), steep slopes, parks and open space, and maior roadways.~ allowable in ead'l sistrict as establiSHes in Table L Section 10 1 2 of tHis Title. DIMENSIONAL REQUIREMENTS: A minimum/maximum setback yard requirement or structure height or size established in the Municipal Code. DISTRIBUTION CENTER: ,".flY establishment which provides for tHe distribution of goods or taRgible personal property, excluding retail sales. DRAINAGEW A Y: (A) Any natural, altered or artificial watercourse which has definable beds and banks capable of conducting confined runoff from adjacent lands. Watercourse beds not clearly defined shall be delineated to include that area which would be inundated by runoff resulting from a twenty four (24) hour rainfall having a recurrence interval of once in five (5) years. (B) An altered watercourse is that which has been affected by manmade changes in straightening, deepening, narrowing, or widening the original channel. (C) An artificial watercourse is that which has been artificially constructed by man where there was no previous natural watercourse. The limits of the watercourse bed are confined to that area, which would be inundated by runoff resulting from a twenty four (24) hour rainfall having a recurrence interval of once in five (5) years. DRIVE IN EST,^.BLISHMENT: ,^.R establisHmeAt which accommodates the patron's automobile from '.'lHich the occupants may receive a ser;ice or iA 'A'HieH prod1::lcts I'mrchased from the establiSHment may Be eClAsumed or business conducted iR tHe automobile. DWELLING: A building or portion thereof designed or used exclusively for residential occupancy, including one-family, two-family and multiple-family dwelling units, but not including hotels, motels, boarding or lodging houses. DWELLING, QUAD: A building containing four attached dwelling units, back-to back, that share common walls at the lot line and that are on separate lots. DWELLING, MULTIPLE-FAMILY: ,A. builaiFlg, or portioFl tHereof, designed eJwh:lsively for OCel:l~aflcy by three (3) or more families living indepeAdeRtly of eaCH otHer.A dwelling or group of dwellings on one lot containing separate living units for three or more families, having separate or ioint entrances, and including apartments, row houses and condominiums. DWELLING, SINGLE-FAMILY: A detached housing unit containing a single principal dwelling unit. DWELLING, TOWNHOUSE: Single-family attached units in structures housing three (3) or more contiguous dwellings, sharing a common wall, each having separate front and rear entrances; the structures are a row type house as distinguished from multiple dwelling buildings; not to exceed eight (8) units in each structure. DWELLING, TWIN HOME: A building containing two attached dwelling units, side-by-side, that share common walls at the lot line and that are on separate lots. DWELLING, TWO-F AMIL Y (DUPLEX): A housing unit containing two (2) principal dwelling units. City of Farmington Zoning Regulations Draft - January 8, 2002 page 6 ELDERL Y, H:\NDlC^.PPED HOUSING: Living space which does Rot eJlceea five hundred seveRty fi'le (575) sql:1are f'\?et per unit "vith at least sil,ty percent (60%) of all oceupaFlts to be elderly as defiRea by HUD or haAdicapped as defined by the Social Secl:1rity ,^.dmiFlistration. ENCRO;\CHMEtJT: ,^.ny protrusion of a veHicle outside of a defiRed parking space or display area. EQUAL DEGREE OF ENCROACHMENT: A method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. EQUIPMENT M,^.lNTE~L^.NCE ,^.ND STOR.^.GE: /\ structure for maintenance, repair or storage of equipment OFl property oWFled by tHe owner of said equipment. ESSENTIAL SERVICES: Underground or overhead gas, electrical, steam, water or other transmission or distribution systems; collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire and alarm systems, traffic signals, hydrants and similar equipment, but not including buildings. EVERGREEN TREES: Those trees that retain their leaves during dormancy, such as pine, spruce, juniper, yews, fir, etc. FAMILY: One or more persons related by blood, marriage, adoption or foster parent relationships occupying a dwelling and living as a single housekeeping unit, or a group of not more than four (4) persons not so related, maintaining a common household and using common cooking facilities. Family does not include any society, fraternity, sorority, club, association or other like organization. F;\ST FOOD/DRIVE ItJS: Food is served iH disposable containers and the customer may have the ofltioH to eat at the facility or to take the f{lod out. THe eustomer tl:lrBover rate at these facilities is very high aHd the food order is geHerally plaeed BY the customer at a central couHter. FEEDLOT: A eOflfincd area or structl:lre used f{lr feeding, breediFlg or holdiRg teA (10) or more stoel. for eventual sale in whiCH aFlimal waste may accumulate, also including barBS, pens aRd other struetl:lfes. "feedlot" means a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holdin~ of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of these parts, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under these parts. FLOOD: .\ temporary rise in stream flow or stage that resl:llts in inundatioR of areas adjacent to the channel. FLOOD: A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. FLOOD FREQUENCY: The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. City of Farmington Zoning Regulations Draft - January 8, 2002 page 7 fLOOD fRINGE: That portion of the flood plaiA outside of the flood'Nay and I:ltilized iA tHis Title as a zoning district superimposed over districts sl:lggested BY the fan'FIingtoA Comprehensive Plaa. flood friRge is synoflymol:ls with the ten'H floodway friage I:lsed in the flood InsuraAee Stl:ldy for FarmiRgton. FLOOD FRINGE: That portion of the flood plain ol:ltside of tHe floodway. flood friage is syaoA)'mol:ls v;ith the term "floodway friage" used in tHe flood insl:lfaflce stl:ldy.having a flow depth less than one (l) foot. FLOOD PL^.IN: The areas adjoining a watercourse Which eitHer have been or may be covered by tHe regional flood. FLOOD PLAIN: The channel or beds proper and the areas adioining Ag wetland, lake, or watercourse which have been or hereafter mav be covered by a flood. Floodplain areas withith Farmington shall encompass all areas designated as Zone A on the Flood Insurance Rate Map.aRd tHe areas adjoining a wetland or vlatere0\:lrSe WHiCh have been or Hereafter may be covered by the regional flood. FLOOD PROOfING: ^ cmnbiRation of structural provisioRs, chaages or adjustmeAts to flroperties aRd structures sl:lbject to floodiag primarily for tAe reduction or elimiRatiofl of flood damages. FLOODPROOFING: A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. fLOODW:\ Y: The chaRRel of the ..';atereourse aRd tHose portioRs of tHe adjoiRing flood plaiRs WhiCh are reasonably reqHired to carry tHe regioRal flood aRd Htilized iR tHis Title as a zORiRg district ''vith very limited potential for development. FLOODW A Y: THe bed of a wetland or lake and tHe ehannel of a watereOl:lfse aAd those portiofls oftRe adjoining flood plain which are reasoflably reql:lired to carry or store the regioflal flood disekarge.The channel or beds proper and the areas adioining a wetland, lake or watercourse which have been or hereafter may be covered by a regional flood. FLOOR AREA: The sum of the gross horizontal areas of several floors of a building or buildings measured from the exterior faces of exterior walls or from the center line of party walls. FUNCTIONAL VALUE INDEX: A number value from 0.1 to 1.0 given to a functional value for a wetland. GARAGE, PRIVATE: An accessory building or accessory portion of a principal building not more than one thousand (1,000) square feet in area which is intended for and used to store the private passenger vehicles and trucks not exceeding twelve thousand (12,000) pounds gross weight, of the family or families resident upon the premises, and in which no business service or industry is carried on. GREENHOUSES AND NURSERIES, COMMERCIAL: A retail establishment for the growth, wholesale and/or display of plants, shrubs, trees and materials used in indoor and outdoor planting, conducted within or without an enclosed building. GROUP DAY CARE: A facility that provides non-medical care for children or adults in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. City of Farmington Zoning Regulations Draft - January 8, 2002 page 8 GROUP HOME: A building or residence licensed by the state as a rooming or boarding house and that provides lodging, care and daily assistance for people that are unable to live independently, such as the elderly, mentally ill, or chemically dependent. GROUND COVER: Low-growing plants or turf grass installed to form a continuous cover over the ground surface. HEAL TH CLUBS: A facility where members or nonmembers use equipment or space for the purpose of physical exercise. HOME OCCUPATION: ,\R oceupatioR carriea OR in a dwelling l:lAit which is clearly incideRtal aRd secOI'ldary to tHe use of the building fDr dwelling purposes and which does Rot change the CHaracter thereof. An occupation or profession that is accessory to a residential use; carried on, by a member of the family residing in the dwelling unit, clearly incidental and secondary to the use of the building for dwelling purposes. HOMEOWNERS ASSOCIATION: An organization consisting exclusively of all unit owners which possess certain powers and authority over common elements in planned unit developments, condominiums, town homes or other property. HORTICULTURE: The growing of garden vegetables, small fruit, orchards, flowers and ornamental shrubs. HOSPITALS: An institution providing health services primarily for human inpatient medical and surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities and staff offices that are an integral part of the facilities. HOTEL: A building in which there are more than eight (8) sleeping rooms offered with or without meals for compensation and open to transient or permanent guests where no provision is made for cooking in any individual room or apartment. IMPERVIOUS SURFACE: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, limerock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures. INTEGR.^.TED CONDOMINIUM: The condominium consists ofland not previously platted aRa staRes as a complete eRtity. INTERIOR PARKING LOT LANDSCAPING: Any landscape material located within a paved parking area planted with live plant material, such as trees, shrubs, ground cover, or turf grass. KENNEL: Any structure or premises in which three (3) or more domestic animals over six (6) months of age are bred for sale, boarded, trained or kept. LANDSCAPE MATERIAL: Such living material as trees, shrubs, ground cover/vines, turf grasses, and nonliving material such as: rocks, pebbles, sand, bark, mulch, brick pavers and earthen mounds (excluding pavement), and/or other items of a decorative or embellishment nature such as: fountains, pools, walls, fencing, sculpture, etc. LANDSCAPED OPEN SPACE: All land within the property lines not covered by building or pavement. City of Farmington Zoning Regulations Draft - January 8, 2002 page 9 LANDSCAPING: Bringing the soil surface to a smooth finished grade, or designing the soil surface with berms, installing sufficient trees, shrubs, ground cover, grass, and other acceptable materials to soften building lines, provide shade, promote positive environmental effects, and generally produce a pleasing visual effect on the premises. LIGHT MANUFACTURING: The processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties. LIGHT M:\NUF;\CTURING ,\ND ,^.SSEMBL Y: A use engages in the basie processiAg and fabrieation of materials presominately from previously prepared materials, of fiAished proSl:lets or parts where no process iAvobes will produee Aoise, vibratioA, air pollution, fire hazard or AOJlious eI'llissioR ..",hieR ,:/ill dishub or eAsaAger AeighboriAg properties. The shipment and ior delivery of products aAd product components shall be limited to straight trucks; no joiRted or semitraetor trailer tmeIls are allowed. LOADING BERTH: An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials and merchandise. LOT: A parcel ofland occupied or capable of being occupied by one or more structures, having principal frontage on a public street and intended as a unit for transfer of ownership. LOT AREA: The area of a lot in the horizontal plane bounded by the lot lines but not including any area occupied by the waters of a lake or river or area which has been dedicated or intended as an easement for a public thoroughfare or road. LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets. LOT, DEPTH OF: A mean horizontal distance between the front and rear lot lines. LOT, MINIMUM AREA: The measurements of a lot computed exclusive of any portions of the right of way of any public thoroughfare. LOT OF RECORD: Any lot which individually or as a part of a subdivision has been recorded in the office of the Register of Deeds of the County. LOT, WIDTH OF: The distance measured between lot lines parallel to the front lot line at the minimum required front yard setback. M,^.N,\GE: To cORtrol the I:lse ofwetlaAd reSOl-lrces consisteRt ','lith the pl:l'l"oses of this Chapter. ManagemeFlt of wetlaRds iFlcll-ldes eOFlservatioFl, maiFltenance aFld eFlhancemeFlt. ~t\NUF,^.CTURED BUILDING: ,A. structure that is fabrieated cntirely or suhstaAtially off site, carries a Mimlesota maHufaet1:lfed bl:lildiHg seal aHd dataplate and mcets the requirements of MS,^. 16.&52 aad MC:\R 1.10303 and, when erected and conAected to utilities, conf{)rms with the UFliform BuilaiRg Case. MANUF ACTURED HOME: ,A. stmeture, traRsportable in one or more sectioFls, which in the traveliRg mode, is eight P~) body feet or B'lOre iFl ',vidth or forty (10) body feet or more iFlleFlgtn, or, wheR ereetea OR site is three hundred t',venty (320) or more square feet, aRa which is b\:lilt on a permaReRt CHassis v:ith or ..vitl1out a permaRent foundation all in accordaRee 'lI'ith tHe Man\:lfactl:lfed Home Bl:Iilding Coae as City of Farmington Zoning Regulations Draft - January 8, 2002 page 10 defiRed iH MS.^., eHapter 327.31, subdivisiofl 3. "Manufactured home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbin~, heating, air-conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certitication required by the United States Secretary of Housing and Urban Development and complies with the standards established under United States Code, title 42. M.^.NUF:\CTURJNG: The mal.ing of goods aHa articles geAerally on a large scale aRd witH divisioR of lagef-: MECHANICAL SALES, SERVICE AND REPAIR: Establishments primarily engaged in the sales, service and repair of tools, trucks, tractors, construction equipment, agricultural implements and similar industrial equipment. Included in this use type is the incidental storage, maintenance and servicing of such equipment. MINERAL EXTRACTION: Any part of the process in the extraction of minerals by removing the overburden and extracting directly from the mineral deposits exposed involving fifty thousand (50,000) cubic yards in a calendar year or, if the activity of removal will last more than one year. MOTEL: A building or group of buildings used primarily as a temporary residence for motorists, tourists or travelers. MOTOR FREIGHT TERMIl-L^.L: .^. buildiRg or area iR which freight brol:lght by motor truck or rail is assemeled aI~dlor stored for routiHg by motor truck. MOTOR FUEL ST:\ nON, MAJOR: .^. place oflmsiRess engagea iR the sale of motor fuels aRa dispeAsiRg the services geRerally associatea with the oJ'leratioA aRa maiRteRaRee of motor whicles, iReluding auto or truck repair faeilities. MOTOR FUEL ST,^.TION, MINOR: .\ place ofbusiRess eHgaged iR tHe sale of motor fliels, iReiaeRtal petroleum products aRd iR addition, otferiAg for sale goods Rot esseRtial to tHe motoriRg pUBlic. NA TIVE GRASSES: Those species of perennial grasses other than those designated as noxious weeds by the Minnesota Department of Natural Resources. NEIGHBORHOOD SERVICES: Establishments primarily engaged in the provision offrequentlv or recurrently needed goods or services for household consumption, such as drycleaning, laundries, tailors, prepackaged food, household supplies, hardware and other commonly used services, Uses tRat provide services to HeigHBorhood residents '.'.'hicA iRelude, but are Hot limited to: libraries, eopyiRg aRa postal ser'iiees, 10cksmitAs, je\velry/wateH repair, upHolster;, aHd fl:lmiture repair, eompliter serviees aAa repair, dry eleaRiRg/lal:lfldries/tailoriflg sAop aRd optical retail. NONCONFORMING STRUCTURE: Any structure permitted by existing City ordinance prior to the adoption of provisions prohibiting such use in such location. NONCONFORMING USE: Use ofland, building or structure which does not comply with all regulations of City ordinances governing the zoning district in which such use is located, adopted subsequent to the initiation of said use. City of Farmington Zoning Regulations Draft - January 8, 2002 page 11 NONPROFIT RECREATIONAL, CULTURAL AND ENTERTAINMENT: Any persons (s) partnership, association, corporation or other group whose activities are conducted for civic, cultural, educational or humanitarian motives and/or for the benefits of others. Such uses may include, but are not limited to museums, art galleries, libraries or cultural or historic centers. NOXIOUS MA TIER OR MATERIALS: Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well-being of individuals. NURSING HOME: A licensed establishment having accommodations for the continuous care of two (2) or more invalid, infirm, aged convalescent patients or disabled persons that are not related. OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across or projecting into any channel, watercourse or regulatory flood plain which may impede, retard or change the direction of the flow of water. OFFICE: A facility used for conducting the affairs of a business, profession, service, industry or government. OFFICE SHOWROOM: A facility used for the conduct of a business that involves the display and sale of goods or merchandise on the premise. OFFICE WAREHOUSE: A facility used for the conduct of a business that involves the storage and distribution of goods or merchandise from the premise. ORNAMENT AL TREES: Low-growing trees including those species of trees that reach a height between fifteen (15) to thirty feet (30'). OUTDOOR SALES: Intermittent buying and selling plus leasing and trading of goods, merchandise or materials where such goods are not enclosed within a building. OVERLAY ZONE: A mechanism which provides standards and guidelines for architectural, aesthetic and development controls within a designated zoning district which are more restrictive than those required by code within that district. PARK TREES: Trees, shrubs, bushes aRd all other woody yegetatioR iR public ]'larks RaviRg ineiviatial Rames, aRe all areas oWRea by the City or to wRieR tRe publie Ras free aeeess as a parle P,^.RKJNG LOT PERIMETER: The planted area outside the perimeter of the pa';ee area measl:lrea from tRe edge of tRe ]'larkiRg lot o\;ltwares. PERFORMANCE STANDARDS: Criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. PERMITTED USE: A public or private use which conforms with the purposes and objectives of a particular district and conforms with all requirements, regulations and performance standards of such district. City of Farmington Zoning Regulations Draft - January 8, 2002 page 12 PERSONAL AND PROFESSIONAL SERVICES: Nonretail services involving predominantly the handling of information or the performance of administrative services which may include services provided both on-site and off-site on a walk-in or appointment basis, such as counseling or indirect or nonpersonal service such as real estate, travel agencies, financial agencies, insurance offices and professional services which include, but are not limited to: legal, psychology, and accounting services. PERSONAL HEALTH AND BEAUTY SERVICES: The selling of services that involve personal health and beauty care and treatment to clients on a walk-in or appointment basis. These services include, but are not limited to: barbershops, beauty salons, nail salons, chiropractic ser...ices, weight-loss services, fleaHft clubs, dance studios, and tanning salons. "Therapeutic massage" is included ',vith these services aAd is defined in subsectioA 3 15 2( B) of this Code. PETROLEUM BULK STORAGE: Liquid gasoline, oil, fuel oil or kerosene stored in containers or in tanks aboveground outside of buildings. PLANNED UNIT DEVELOPMENT: A tract of land which contains one or more principal and accessory uses developed under unified ownership or control, the development of which may be unique and of a substantially different character than that of the surrounding district. PLANT COMMUNITY: In reference to plants, an interacting assemblage of plant populations sharing a given habitat. PRIM,A.RY ZONING DISTRICT: The district whicA ieefltifies the predominant laAd Hse in areas also desigflated OR the Zoning Map as the Flood Fringe District. PRINCIPAL USE: The main use to which the premises ispremise is devoted and the principal purpose for which the premises exists. PRINCIPAL USE or STRUCTURE: The main Hse aAe structure for that use to which the premises are devoted and principal purpose for which the premises exist. PUBLIC HE;\RING: A hearing pllrsmmt to a F10tice pllBlisAee once ifl tAe official flewspaper oftAe City at least teA (10) eays prior to tAe eate of sHcA AeariRg, which Aotice shall specify tAe geAeral pHlfJose, time aAelocatiofl of such hearing. ,A.flY hearing after SHeA pHblicatioA may Be cOAtiflHee, recessed Elr adjHsted, from time to time, without further publicatioR or Rotiee thereof. PUBLIC UTILITY SERVICE: The providing of electric power, gas, landline telephone service, sanitary sewer and water, plus storm sewers, where appropriate, to the general public. PUMP SETBACK: The distance from the street right-of-way line to the center line of the motor fuel station pump island measured as a perpendicular distance from the right of way. REACH: A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. The segment of a stream or river between two (2) consecutive bridge crossings would most typically constitute a reach. RECREATIONAL VEHICLE: ,A.RY veAicle as defiRed by MS,A. e1'lapter 327.15. Recreational vehicle means any self propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle used for recreational purposes, including but not limited to recreational camping vehicle as defined by MSA 327.14, Subd. 7, boats, and off-highway vehicles such as snowmobiles, trail bike, motorcycles, and other all-terrain vehicles. City of Farmington Zoning Regulations Draft - January 8, 2002 page 13 RECYCLABLE MATERIALS: Materials that are separated from mixed Municipal solid waste for the purpose of recycling as defined in the City's solid waste code, including, but not limited to, paper, glass, metals, automobile oil, batteries, cardboard, rubber (excluding tires and wood products). RECYCLING FACILITY: A building used for the collection and processing of recyclable materials. Processing does not include end use manufacturing. The collection and processing of recyclable materials includes the preparation of material for efficient shipment or end users' specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting and shredding. REGION,\L FLOOD: ;\ flood \vAieh is represeRtative of large floods known to Rave occurred geRerally aRd reasonably caaracteristie of what can be e]()'leeted to occur OR aR average frequency in the magRitHde of the 100 year reeurrence iBterval. REGIONAL FLOOD: A flood which is representative of large floods known to have occurred generally in Minnesota and characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the flood insurance study. REGULATORY fLOOD PROTECTION ELEV;\ TION: ,\n elevatioR RO lov.'er than OBe foot (I') above the regioRal flood )'lIHS any increases iR flood elevation eaused by encroacameRts OR tAe flood plaiR. THe regHlatory flood protectioR elevatioA 'within tAe Floodway aAd Flood FriBge Districts shall be establisRes by adding one foot (I ') to tRe base flood'Nater sMrfaee elevations witR floo(hyay listed in the Floos'.'/ay Data Table eOAtaiRed in the Flood IAsHraAce Study. REGULA TORY FLOOD PROTECTION ELEVATION: An elevation no lower than eee-two feet'..feet (.}..!2') above the elevation of the regional flood plMs any increases iR flood elevatioA eal:lses by eRcroaeAmeRts OR tAe flood plaiR tAat result from desigRatioR of a floodv/ay. RESEARCH FACILITY: Any establishment where research and development are conducted related to activities such as the manufacturing or production oftangible personal property, including medical, technical and scientific research. RESIDENTIAL C\RE F,\CILITY: ,\AY State or COM At)' lieeAsetl faeility, PMblie or private, \vRieR provides care for cAildreA or the aged or iAfirm, or f-or those \vho may be disabletl, aRa iReludes lieeRsed programs defiRed HRder MS,\ sectioA 245,^..02, subdivisions 10 and 14. REST,^.UR,^.NT: ,\ sit aOWR faeility offeriRg food OR permaReRt reMsable table'Nare and disAes. ,\ restaMrant may offer a AigR or moderately 13rieed meA\:! aRd co\:!ld beloRg to RatioRal eJ:1aiR o13eratioAs. TReir service may iRelMee a limited takeo\:!t menu. TRe a':erage turnover rate 13er eMstomer is abol:lt ORe ~ RESTAURANTS, CLASS I - TRADITIONAL: An establishment serving food in or on non-disposable dishes to be consumed primarily while seated at tables or booths within a building and which does not serve liquor. RESTAURANTS, CLASS II - FAST FOOD CONVENIENCE: Restaurants where customers are served their food at a counter or in a motor vehicle in packages prepared to leave the premise or to be taken to a table or counter to be consumed. City of Farmington Zoning Regulations Draft - January 8, 2002 page 14 REST AURANTS, CLASS III - WITH LIQUOR SERVICE: An establishment serving both food and alcoholic beverages, but in which the principal business is the sale of such beverages at retail for consumption on the premises. RESTAURANTS, CLASS IV - NON-INTOXICATING: An establishment serving food in or on non- disposable dishes to be consumed primarily while seated at tables or booths within a building and which has no on-sale liquor service. On-sale beer and wine permitted as regulated by the City Code. SCREENING: A method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, tree rows, berms, or other features. SEA T: When referred to in order to determine the number of parking spaces required for a use such as church, theatre or stadium, a seat shall equal 22". SEGREGATED CONDOMINIUM: The condominium consists of a single lot or group of lots within a plat. SETBACK: The minimum distance between the related front, side and rear setback lines. SEXUALLY ORIENTED BUSINESS: A sexually oriented arcade; sexually oriented bookstore, sexually oriented video store; sexually oriented cabaret; sexually oriented conversation/rap parlor; sexually oriented massage parlor; sexually oriented motel; sexually oriented motion picture theater; sexually oriented sauna; sexually oriented theater; escort agency; nude model studio; sexual encounter center; and other premises, enterprises, establishments, businesses, or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction, or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. A. Specified Anatomical Area. Means any of the following: (I) Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola; (2) Human male genitals in a discernible turgid state, even if opaquely covered. B. Specified Sexual Activities. Includes any of the following: (I) The fondling or other erotic touching ofhurnan genitals, pubic region, buttocks, anus, or female breasts; (2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) Masturbation, actual or simulated; or (4) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above. SEXUALLY ORIENTED BUSINESS - ACCESSORY: The offering of retail goods for sale which are classified as sexually oriented uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of sexually oriented books or magazines, or the sale and/or rental of sexually oriented motion pictures. City of Farmington Zoning Regulations Draft - January 8, 2002 page 15 SEXUALLY ORIENTED BUSINESS - PRINCIPAL: The offering of goods and/or services which are classified as sexually oriented uses as a primary or sole activity of a business or establishment and include, but are not limited to the following: A. Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. B. Escort A~encv. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. C. Establishment. Means and includes any of the following: (I) The opening or commencement of any sexually oriented business as a new business; (2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; (3) business; or The addition of any sexually oriented business to any other existing sexually oriented (4) The relocation of any sexually oriented business. D. Nude Model Studio. Any place where a person who appears in a state of nudity or displays "specified anatomical area" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. E. Nudity or State of Nudity. Nudity or State of Nudity is described as follows: (I) breasts; or The appearance of a human bare buttock, anus, male genitals, female genitals, or female (2) The state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast. F. Semi-Nude. A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices. G. Sexual Encounter Center. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: (I) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or (2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude. H. Sexuallv Oriented Arcade. Any place to which the public is permitted or invited wherein coin- operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer City of Farmington Zoning Regulations Draft - January 8, 2002 page 16 persons per machine at anyone time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas". I. Sexuallv Oriented Bookstore. or Sexuallv Oriented Video Store. A commercial establishment which as a principal business purpose offers for sale or rental for any form of consideration anyone or more of the following: (I) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, compact discs, computer software, digital recordings, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or 1. Sexuallv Oriented Cabaret. A nightclub, bar, restaurant, or similar commercial establishment which regularly features: (1) Persons who appear in a state of nudity; or (2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or (3) Films, motion pictures, video cassettes, slides, compact discs, computer software, digital recordings or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas". K. Sexuallv Oriented Conversation/Rap Parlor. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". L. Sexuallv Oriented Massage Parlor. A massage parlor which excludes minors by reason of age, or which provides for any form of consideration, the rubbing, stroking, kneading, tapping, or rolling of the body, if the service provided by the massage parlor is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". M. Sexuallv Oriented Motel. A hotel, motel, or similar commercial establishment which: (I) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or (2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or (3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours. N. Sexuallv Oriented Motion Picture Theater. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas". City of Farmington Zoning Regulations Draft - January 8, 2002 page 17 O. Sexuallv Oriented Sauna. A sauna which excludes minors by reason of age, or which provides for any form of consideration, a steam bath or heat bathing room used for the purpose of bathing, relaxing, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". P. Sexuallv Oriented Theater. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities". SHRUBS: Any self-supporting. woody plant of a species that normally grows to an overall height ofless than fifteen feet (15') in this region. SIGN: Any name identification, display, illustration, insignia or device which is publicly displayed and which is used to direct attention to a product, person, business, institution or place. SOLAR ENERGY SYSTEM: Collectors ,>"hicA )'lfO'.'ide at least fifty )'lercent (50~<,) of aRRl:lal spaee Reating needs aRd at least niRety )'lereeAt (90~<.) of Rot water Reating needs wReA the solar iAaex registers seveRty (70). "Solar energy system" means a set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy-using processes. or to produce generated power by means of any combination of collecting. transferring. or converting solar-generated energy. SPECIAL RECYCLING ACTIVITY: Recycling activity associated with nonprofit community organization events or fundraisers which have obtained a special recycling activity permit pursuant to Section 7-1-3 of this Code. Each nonprofit organization shall be limited to four (4) 72-hour events per year. STABLES AND RIDING ACADEMIES: Any structure and/or land use designed or arranged for the boarding. training or riding of horses. STRAIGHT TRUCKS: A vehicle used to carry large or heavy loads that is nonjointed and is not a semitractor trailer truck. STREET TREES: Trees on land lying between the edge of curb and the property line within the City. STRUCTURE: Anything constructed or erected, the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground, including buildings, billboards, carports, porches, signs. retaining walls. and other building features, but not including sidewalks, drives, fences and patios. STRUCTURE: TRat wRicR is lcmilt or eORstrnetea, aA edifice or bl:lilaing of aAY kind, or aAY piece ef 'J,erk artificially bl:lilt up or composed of parts jointed tegetRer iR some aefiRite maRRer. STRUCTURE: AAything eOAstructed or erected reql:liriAg a fixed 10catioA OR tRe grm:IRa or aA aUaekmeRt to something Ra':iFlg a fixee 10eatioFl OA tRe grouFld. includiFlg bl:lt not limitee to buileiFlgs. SUPPL Y YARD: A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. Supply yards do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles. City of Farmington Zoning Regulations Draft - January 8, 2002 page 18 THEA TER: A facility devoted to showing of motion pictures or for dramatic. dance. musical or other live performance. Such facilities may include related services such as food and beverage sales and other concessIOns. TOWER: Any ground- or roof-mounted pole, spire, structure or combination thereof taller than fifteen feet (15'), including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. TOWER, MULTI-USER: A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity. TOWER, SINGLE-USER: A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this Code. TRA VEL TRAILER AND BOAT STORAGE F ACILlTY: Indoor or outdoor facility for the storage of trailers, boats and other such recreational vehicles. TREES: Any self-supporting, woody plant of a species which normally grows to an overall minimum height of fifteen feet (15') in this region. TURF: A species of perennial grass grown as permanent lawns or for landscape purposes as distinguished from those species grown for agricultural or commercial seed purposes. VARIANCE: A waiving by the Board of Adjustment of literal provisions of the Zoning Title. VARIANCE: A modification of a specific permitted development standard required in this Chapter to allow an alternative development standard not stated as acceptable, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance. (Ord. 093-322, 12-6-93) VEGET A TION, NATIVE: The presettlement group of plant species native to the local region, that were not introduced as a result of European settlement or subsequent human introduction. We should review the following wetland definitions and decide what stavs as a definition and what should go back under the wetland section as standards or. . .. WETLAND: Lands transitional between terrestrial and aquatic ecosystems, where the water table is usually at or near the surface or the land is covered by shallow water. Consistent with the WCA, wetlands are to be identified and delineated using the methodology set forth in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (Interagency Task Force on Wetland Delineation, 1987). For purposes of this definition, wetlands must have three (3) of the following attributes: (A) A predominance of hydric soils: (B) Inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions: (C) Under normal circumstances support a prevalence of such vegetation. City of Farmington Zoning Regulations Draft - January 8, 2002 page 19 This definition does not include wetlands created from uplands either: a) for storm water storage and management purposes or b) by actions not intended to create the wetland and approved, permitted, funded or overseen by a public entity. WETLAND AL TERA TlON: Human induced actions that adversely impact the existing condition of a wetland or wetland buffer area, including grading, tilling, dredging, dumping; cutting, pruning, topping, and clearing, native vegetation; and discharging pollutants (except storm water). Alteration does not include walking, passive recreation, fishing, farming, planting that enhances native vegetation, or other similar activities allowed under the Minnesota Wetland Conservation Act. WETLAND EDGE: The line delineating the outer edge of a wetland. This line shall be established by using the 1987 Corps of Engineers (COE) Wetlands Delineation Manual (Environmental Laboratory, 1987). WETLAND ENHANCE: To heighten the value of wetlands or wetland buffers with respect to the purposes of this Chapter. Y,^.RD: ,^, required open space OR Ii lot as specified by setbacks in SectioR 10 4 2 of this Title which is unoccupied or unobstructed by structures from groufla level up",/ard. YARD: A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky except as permitted in this Chapter. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located. YARD, REAR: The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot. YARD, SIDE: The yard extending along the side lot line between the front yard and rear vard to a depth or width required by setback regulations for the zoning district in which such lot is located. YARD. FRONT: A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to depth required in the setback regulations for the zoning district in which such lot is located. For lots that abut more that one street such as corner and through lots, there may be more than one front yard for purposes of calculating setbacks of setbacks. Front yard setbacks shall apply to all yard spaces adiacent to a street ri~ht-of-wav. Front yard setbacks for structures fronting on private streets shall be measured from the back of curb. ZONING DISTRICT: An area or areas within the limits of the City of Farmington for which the regulations and requirements governing use, lot size, buildable area and density are uniform. (Ord. 086-177, 3-17-1986; amd. Ord. 086-183, 9-15-1986; Ord. 091-246, 5-20-1991; Ord. 094-344, 12-19-1994; Ord. 096-382,10-21-1996; Ord. 096-383,11-18-1996; Ord. 097-398, 7-7-1997; Ord. 099-424,3-1-1999; Ord. 099-426, 3-15-1999) City of Farmington Zoning Regulations Draft - January 8, 2002 page 20 Chapter 3: ADMINISTRATION AND ENFORCEMENT 10-J8-1: ZONING OFFICER: Thc City ,^.dl'l'liflistrator Planning Coordinator, designated by the City Council as the Zoning Officer shall: (A) Administer and enforce the provisions of this Title. (B) Issue certificates of occupancy and buildiRg permits. (C) Upon application, establish and advertise public hearings for variaRces and conditioflal Hse permits. (D) Maintain a permanent file of all applications as public record. (E) Maintain an updated Zoning Map. 10~3-2: CERTIFICATE OF OCCUPANCY: An application for a certificate of occupancy shall be accompanied by a plot plan showing the location, dimension and such other information as is required by the ZOfliflg Officer Building Official, together with a fee as determined annually by the City Council. A certificate of occupancy shall be obtained before any person may: (A) Occupy or use any vacant land; or (B) Occupy or use any structure hereafter constructed, reconstructed, moved, altered or enlarged; or (C) Change the use of a structure or land to a different use; or (D) Change a nonconforming use. 10-8J-3: BOARD OF ADJUSTMENT: The Planning Commission shall act as the Zoning Board of Adjustment with identical composition, membership, officers and terms of office, with the following duties: (A) Hear, review and authorize variances from the requirements of this Title and to attach such conditions to the variance as it deems necessary to assure compliance with the purpose of this Title. (B) Hear and review all applications for conditional use permits provided for within this Title and grant approval based upon the criteria and provisions listed. (C) Authorize interim use for the purpose of allowing a temporary use of the property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it. (GD) Hear and review all applications to change lawful nonconforming uses. City of Farmington Zoning Regulations Draft - January 8, 2002 page 21 (gf)) Submit copies of applications for variances and special exceptions within the flood plain districts to the Commissioner of Natural Resources ten (10) days prior to public hearings and forward copies of all decisions granting variances and special exceptions in these areas to the Commissioner of Natural Resources within ten (10) days of such action. 10-J.8-4: APPEALS: An appeal from a ruling of the Zoning Officer may be taken by the property owner or agent within thirty (30) days after the order utilizing the following procedure: (A) The property owner or agent shall file with the Zoning Officer a notice of appeal stating the specific grounds upon which the appeal is made. (B) The Zoning Officer shall transmit the appeal to the Board of Adjustment for study and recommendation at its next regular meeting. (C) The Board of Adjustment shall make its decision within sixty (60) days and a copy of the motion shall be mailed to the applicant by the Zoning Officer. 10-J.8-5: CONDITIONAL USES: 'r' ~~ Conditional uses, as specified within each Zoning District, may be allowed or denied by the Board of Adjustment in accordance with the criteria and provisions listed herein~.;. The Board of Adiustment may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts associated with the conditions of use to protect neighboring properties, and to achieve the obiectives elsewhere in this Title. (A) Applications for conditional uses shall be filed with the Zoning Officer and shall be accompanied by: 1. An application fee in an amount equal to that set by the City Council. 2. Six (6) copies of a site plan and supporting data which shows the site size and location; use of adjacent land; the proposed size, bulk, use and location of buildings; the location and proposed junction of yards, open space, parking area, driveways, storage areas and accessory structures; the location of all utilities and timing of proposed construction as the Zoning Officer may require. 3. The Zoning Officer, at his discretion, may require a topographic map of the site and reduced copies of all required material suitable for mailing. (Ord. 086-177, 3-17-86) 4. An abstractor's certificate of property owner(s) name(s) and addressees) within three hundred fifty feet (350') of the outer boundaries of the property in question. (Ord. 091-248, 6-3-91) 5. When the applicant is requesting a conditional use under Title 10, Chapter 3, Section 2(N)(8) "Television and radio antennas," an abstractor's certificate of property owner(s) name(s) and address( es) within a distance of the outer boundaries of the property in question as set by the City Council after review of the height of the proposed antenna, the proximity of residential development and any other factors as determined by the City Council. (Ord. 091-251, 8-5-91) City of Farmington Zoning Regulations Draft - January 8, 2002 page 22 (B) The Zoning Officer shall set a public hearing and forward copies of the application to the Board of Adjustment. The Zoning Officer shall also be responsible for notifying the City Council when an applicant applies for a conditional use under Title 10, Chapter 3, Section 2(N)(8) "Television and Radio Antennas". The City Council shall determine the proper distance for notice as determined under Title 10, Chapter 8, Section 5(A)(5). The Zoning Officer shall also be responsible for mailing a notice to property owners within three hundred fifty feet (350') or that distance set by the City Council for television and radio antenna of the subject property. Failure of such owners to receive notice shall not invalidate the proceedings. (Ord. 086-177, 3-17-86; amd. Ord. 091-248, 6-3-91, Ord. 091-251, 8-5-91) 1. The Board of Adjustment must take action within sixty (60) days unless the petitioner agrees in writing to a time extension and it may attach such conditions to the approval of any conditional use as may be necessary. 2. The approved site plan and all attached conditions shall be filed by the petitioner with the Zoning Officer within thirty (30) days of final approval. Any development contrary to the approved plan shall constitute a violation of this Title. (C) A conditional use shall be approved if it is found to meet the following criteria: I. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this Title. 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards listed below. 3. The proposed use shall be constructed. designed, sited, oriented and landscaped to produce harmonious relationship of buildings and grounds to adjacent buildings and properties. 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. 6. The proposed use shall preserve the objectives of this Title and shall be consistent with the Comprehensive Plan. 7. "\daitioRal requiremeRts '",itA respeet to eOl'lditioHal uses iH the Conservation Distriet iHell:lae the fullov/ing: (a) Filling a '.vetlaHa shall Rot e]!.eeea tke flooa storage eapaeity requirements f0f the \vetlaHa. (b) The proposed developmeRt shall Hot result in uHusual mainteRaHee eost for road and parking areas or tke breaking and leakiHg of utility lines. (c) DevelopmeHt SHall be permitted iH sueH a maHHer tHat tHe maximum number of trees shall be preserved. The remaining trees shall contain at least fifty percent (50%) of the canopy eo'.'erage. City of Farmington Zoning Regulations Draft - January 8, 2002 page 23 (d) Development shall be accomplished only in SI:IeH a manner tHat on site soil erosi0n SHall be minimized both during construction and WHen eonstruction acti':ity is eomflletea. (e) Wetlands and otHer water bodies shall not be used as primary sediment traps al:lring development. (0 THe quality of ..vater runoff and water infiltration to the water table or aql:lifer SHall remain undisturbed by tHe develoflment of tHe site. (g) The type and deRsity of land l:Ise proposed for the site SHall be sl:lited to tHe site. Bedrock conditions shall not present a tHreat to the maintenanee of ground ,;,ater quality and SHall not fail to adequately correct problems due to soil limitations inell:laing bearing strengtHs, sHrinkwell potential aRd slope stability. (Ord. 0&6 177,3 17 86) 8. .^.dditional reql:lirements for conditioRal uses in flood plain districts are listed in Chapter 10 Flood Plain MaRagement, of this Title. (Ord. 093 323, 12 6 93) 9. CORditional uses in the flood plain aistriets SHall also be subject to tHe follo':.ing considerations: (a) The danger to life and property due to increased flood heigHts or velocities eal:lsed by encroachments. (b) THe danger that materials may be swept onto other lana or ao'.vnstream to tHe iRjl:lry of others. (e) The ability of pro}3osed ';later supply and sanitary systems to }3revent disease, contamination and l:lnsanitary eonditions. (d) The susceptibility of tHe flroposea faeility and its contents to flood damage and tHe effeet of sllch damage OR the indi'lidl:lal O'Nner. (e) The availability of alternative locations not sHbjeet to flooding for tHe proposed l:lse. (0 The eompatibility of the proposed use with existing and anticipated development. (g) That tHere will be an equal degree of encroaeHment extending for a significant reaeh on both sides of the stream. (D) All conditional uses shall comply with the requirements of this Section. In order to determine whether a proposed use will conform to the requirements of this Title, the Board of Adjustment may obtain a qualified consultant to testify. Said consultant service fees shall be borne by the applicant. 1. Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on. 2. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity. City of Farmington Zoning Regulations Draft - January 8, 2002 page 24 3. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public purpose shall be exempt from this requirement. 4. Vibrations detectable without instruments on neighboring property in any district shall be prohibited. 5. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property. 6. No pollution of air by fly ash, dust, smoke, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property. 7. Lighting devices which produce objectionable direct lighting or reflect glare on adjoining properties or thoroughfares shall not be permitted. 8. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. 9. Water pollution shall be subject to the standards established by the Minnesota Pollution Control Agency. 10. Applications for conditional uses in the flood plain districts shall be accompanied by reports from the City Engineer on the following material as supplied by the applicant: (a) Site plans indicating existing and proposed structures, fill, material storage, flood proofing measures and their relationship to the stream channels. (b) Typical valley cross sections through the site, indicating the elevation of land areas adjoining each side of the channel, land form changes proposed on the site together with high water information. (c) Soils maps, topographic maps at a two foot (2') contour interval, vegetative cover plus the location and elevation of streets, water supply and sanitary facilities. (d) Profile showing the slope of the bottom of the stream channel. (e) Specifications for building construction and materials, flood proofing, filling, dredging, grading channel improvement, material storage, water supply and sanitary facilities. (1) Plans showing the floor protection measures to be taken in accordance with subsection (C)8 of this Section. (g) An analysis of the above information by a registered professional engineer which includes the following: (I) An estimate of the peak discharge of the regional flood. (2) The water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and over bank areas. City of Farmington Zoning Regulations Draft - January 8, 2002 page 25 (3) The effect of the proposed encroachment on the stage and velocity during the regional flood event. (Ord. 086-177, 3-17-86) (E) Prior to the approval and issuance of a permit, there shall be executed by the applicant and submitted to the City .^.dministratorZoning Officer, an agreement to construct required improvements, to dedicate property or easements, if any, to the City and to comply with conditions as may have been established by the Planning CommissionBoard of Adiustments. Such agreement shall be accompanied by surety acceptable to the City Administrator in the amount of the established costs of complying with the agreement. The aforesaid agreement and surety shall be provided to guarantee completion and compliance with the conditions set forth in the permit within the time to be approved by the Planning CommissionBoard of Adiustments. The amount of the surety may be increased or decreased by the ~ .\dministratorZoning Officer to reflect inflation, changed conditions, or compliance with permit conditions. (Ord. 094-340, 11-21-1994) 10-J,8-6: VARIANCES: The Board of Adjustment shall have the power to vary from the requirements of this Title, and to attach conditions to the variance as it deems necessary to assure compliance with the purpose of this Title.~ variances dealing '.vith land in flood plains shaH eomply with requirements listed in Chapter 10, flood Plain Management, of this Title. (Ord. 093 323, 12 6 1993) (A) The following exhibits shaH be required unless waived by the Zoning Officer: 1. A boundary surveyor an area survey including the property in question and up to three hundred feet (300') beyond showing: topography, utilities, lot boundaries, buildings, easements and soil test data if pertinent. 2. A site development plan showing buildings, parking, loading, access, surface drainage, landscaping and utility service. (Ord. 086-177, 3-17-1986) (B) Procedure for obtaining a variance from the regulations of this Title are as follows: 1. The property owner or agent shall file with the Zoning Officer an application form together with required exhibits plus a filing fee in an amount established annually by the City Council. (Ord. 086-177, 3-17-1986) 2. The Zoning Officer shall set a public hearing, transmit the application directly to the Board of Adjustment and mail a notice to property owners adjacent to the subject property disregarding public rights of way. Failure of such owners to receive notice shall not invalidate the proceedings. (Ord. 094-339, 11-21-1994) 3. The Board of Adjustment shall, within sixty (60) days of submittal of all required exhibits, approve, deny or approve under conditions accepted by the applicant. (C) The Board of Adjustment may vary the regulations of this Title if all-- ~ofthe following requirements are met: 1. Literal enf.oreement of this Title \','oHld resHlt in l:lndue hardship with respect to the property. 2. SHeh l:lRHeeessary hardship results because of eireumstances unique to the property. City of Farmington Zoning Regulations Draft - January 8, 2002 page 26 3. The hardship is caused by provisioFls of tHis Title aFld is not the result of aetioFls of persons preseFltly having an interest iR tAe property. 4. TAe variaRee observes the spirit aAd inteRt of this Title, produces sl:ll3staRtial justice aRa is F10t contrary to tAe public interest. - 5. The variance does Rot permit a lower degree of flood proteetioR tAaR the flood proteetioR elevatioR f-or the partiel:llar area or permit standards lower tAaR required by State law. (Ord. 086 177,3 17 1986) I. Because the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the regulations of this Title would cause undue hardship. Economic consideration alone shall not constitute an undue hardship if reason able use for the property exists under the terms of this Title. 2. The conditions upon which a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other properties within the same zoning classification. 3. The alleged difficulty or hardship is caused by this Title and has not been created by any persons presently having an interest in the parcel of land. 4. The granting of the variance will not alter the essential character of the locality or be iniurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. 5. The proposed variance will not substantially increase the congestion of the public streets. or increase the danger of fire, or be detrimental to the public welfare or public safety. 6. The requested variance is the minimum action required to eliminate the hardship. (D) Upon appeal of a decision by the Board of Adjustment, the Zoning Officer shall set a public hearing, transmit the application directly to the City Council, and mail a notice to the Board of Adjustment and property owners adjacent to the subject property disregarding public rights of way. The City Council shall, within sixty (60) days of the public hearing, decide to affirm or overturn the decision of the Board of Adjustment with a four-fifths (4/5) vote ofthe City Council. (Ord. 097-393,4-7-1997) 10-3-7: INTERIM USES: (A) The Board of Adiustment may grant permission and set conditions for an interim use of property if: 1. The use conforms to the zoning regulations. performance standards and other requirements; 2. The use meets the standards of a conditional use permit set forth in Section 10-3-5 of the City Code; 3. The date or event that will terminate the use can be identified with certainty; 4. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and City of Farmington Zoning Regulations Draft - January 8, 2002 page 27 5. The use will be subjected to, by agreement with the owner, any conditions that the City has deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial sutetv to cover the cost of removing the interim use and an interim structure upon the expiration of the interim use permit. (8) Termination: An interim use permit shall terminate upon the occurrence of any of th following events, whichever occurs first: I. the date stated in the permit, or 2. a violation of conditions under which the permit was issued; or 3. a change in the City's zoning regulations which renders the use nonconforming as provided in Section 10-4-2; or 4. redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning districts. (C) Application, Public Hearing, Notice: The application, public hearing, and public notice requirements for interim use permits before the Board of Adjustments shall be the same as those for zoning amendments as provided for in Section 10-3-11 of the City Code. (0) Appeal: Upon appeal ofa decision by the Board of Adjustment, the Planning Coordinator shall set a public hearing, transmit the application directly to the City Council and mail a notice to the Boad of Adjustment and property owners adjacent to the subject property disregarding public rights of way. The City Council shall within sixty (60) days of the public hearing, decide to affirm or to overturn the decision of the Board of Adjustments with a four-fifths (4/5) vote of the City Council. 10-J8-7: SPECIAL EXCEPTIONS: The Board of Adjustment may authorize a permit to move structures into or within the City in accordance with the criteria and provisions listed herein: (Ord. 086-177, 3-17-1986) (A) Applications will be filed with the Zoning Officer who shall set a public hearing, transmit the application directly to the Board of Adjustment and mail a notice to property owners adjacent to the subject property, disregarding public rights of way. Failure of such owners to receive notice shall not invalidate the proceedings. The application shall consist of: 1. An application fee in an amount equal to that set by the City Council. 2. Six (6) copies of a site plan and supporting data which show the size, proposed location of the structure and topography of the site. 3. A list of the streets on, over or through which said structure will be moved. 4. Photographs showing front, rear and side views of the structure. (Ord. 095-357, 8-7-1995) (B) Upon a filing of an application, the Zoning Officer shall cause the Building Inspector to investigate the building and report to him the results of the investigation together with recommended action thereon. (C) No permit shall be issued to move any building or structure which, in the opinion of the Zoning Officer: 1. Is constructed or in such condition as to be dangerous. City of Farmington Zoning Regulations Draft - January 8, 2002 page 28 2. Is infested with pests or is unsanitary. 3. Is unfit for human habitation. 4. Is so dilapidated, defective, unsightly or in such disrepair that its relocation at the proposed site would cause appreciable harm to the property or improvements in the neighborhood. (D) The Board of Adjustment may authorize the move of a structure based upon the evaluation of the following: I. The age of the structure shall be similar to the age of the structures in the immediate neighborhood. 2. The value of the structure shall equal or exceed the value of the structures in the immediate neighborhood. 3. The architecture of the proposed structure shall produce a visual impression which is consistent with the architecture of the immediate neighborhood. 4. The exterior of the structure shall be completed, upgraded and landscaped within a time frame established by the Board of Adjustment, but in no case shall exceed ninety (90) days. 5. There shall not be any storage of structures on any property, public or private. 6. The Board of Adjustment may attach other conditions as they deem necessary which preserve the spirit and intent of this Title. (Ord. 086-177, 3-17-1986) (E) Before a building permit can be issued, an applicant shall deliver surety acceptable to the Gtfy ,^.al'RiRistrator Zoning Officer in an amount equal to the cost of the work to be done as estimated by the City Building Official. In the event the work is not completed, within six (6) months of issuing the permit, the letter of credit shall be claimed, giving the City the option of completing the work or demolishing the structure to clear, clean and restore the site, unless an extension is granted by the City Council. In the event that the moving of any building causes damage to the public streets or other public property, in addition to any other remedies the City may have, the Zoning Officer may require the damage to be repaired with the cost to be deducted from the letter of credit. (Ord. 095-357, 8-7-1995). 10-3-8: APPEALS, FEES: The Board shall have the power to hear and decide appeals from any order,requirement, decision, grant or refusal made by the Zoning Officer in theadministration of the Zoning Title of this Code. The fee to be charged forany appeal or proceeding filed with the Board shall be such as is determined by proper action of the City Council. (Ord. 075-26, 12-15-1975) 10-3-9: APPEALS TO CITY COUNCIL: A party may appeal a decision of the Zoning Board of Adjustment when issues offact, procedure or other finding made by the Board are in dispute. Appeals must be filed with the City within ten (0) days of the final decision of the Board of Adjustment. Building permits shall not be issued after an appeal has been filed with the Planning Department. If permits have been issued before an appeal has been filed, then the permits are suspended and construction and/or usage shall cease until the City Council has made a final determination of the appeal. The City Council shall conduct a hearing within sixty (60) days after the receipt by City staff of the appeal from an action by the Board of Adjustment. As provided in subsection City of Farmington Zoning Regulations Draft - January 8, 2002 page 29 10-8-6(D) of this Code, notice of the hearing shall be mailed to property owners adiacent to the subiect propertv disregarding public rights of way. Any person may appear and testifY at the hearing either in person or by duly authorized agent or attorney. A fee to be established by resolution of the City Council shall be paid by the appellant at the time the notice of appeal is filed. (Ord. 097-393,4-7-1997) 10-8J-108: INVALIDATION: If within one year from the date of granting a conditional use or variance, upon recommendation of the Zoning Officer, substantial progress has not been made to implement its purpose, the Board of Adjustment shall declare the conditional use or variance null and void. (Ord. 086-177, 3 -17 -1986) The Board of Adjustment shall have the power to authorize changes of lawful nonconforming uses as follows: (A) A nonconforming use which occupies a portion of a structure may be extended within such structure as it existed when this Zoning Title was enacted but not in violation of the area and yard requirements of the zoning district. (B) A new nonconforming use may be created in an existing structure to replace a lawful nonconforming use, provided that the owner agrees in writing that: I. The proposed nonconforming use will entail no structural changes or additions other than those required for purposes of safety, health and aesthetics. 2. The proposed use will be limited by all provisions of the section of this Title regulating nonconforming uses. (Ord. 086-177, 3 -17-1986) 10~3-11: AMENDMENTS: This Title may be amended whenever the public necessity and convenience and the general welfare require such amendment. :\11 ameRameRts relatiRg to _ areas seall fallo'.v provisiafls autliRed iR Cllapter 10, Flaaa PlaiR MaRagement, of this Title. L^Jl others shall be guided by tAe f-ollowiRg: (Ora. 093 323, 126 1993) (A) Proceedings for amendment of this Title shall be initiated by: 1. A petition of the owner or owners of the actual property, the zoning of which is proposed to be changed; 2. A recommendation of the Planning Commission; or 3. By action of the City Council. (B) To defray administrative costs of processing requests for an amendment to this Title, a fee, as established by the City Council, shall be paid by the petitioner. (C) All applications for changes in the boundaries of any zoning district which are initiated by the petition ofthe owner or owners of the property, the zoning of which is proposed to be changed, shall be City of Farmington Zoning Regulations Draft - January 8, 2002 page 30 accompanied by a map or plat showing the lands proposed to be changed and all lands within three hundred fifty feet (350') of the boundaries of the property proposed to be rezoned, together with an abstractor's certificate of property owner(s) names(s) and addressees) within three hundred fifty feet (350') of the outer boundaries of the property in question. (D) Before any amendment is adopted, the Planning Commission shall hold at least one public hearing thereon, after a notice of the hearing has been published in the official newspaper at least ten (10) days before the hearing, and, in the case of district boundary amendments, after a notice has been mailed to property owners within three hundred fifty feet (350') of the subject property. Failure of such owners to receive notice shall not invalidate the proceedings. Following the hearing, the Planning Commission shall report its findings and recommendations on the proposed amendment to the City Council. If no recommendation is transmitted by the Planning Commission within sixty (60) days after the hearing, the City Council may take action without awaiting such recommendation. (E) Upon filing of such report, the City Council may hold such public hearings upon the amendment-as-it deems advisable. After the conclusion of the hearings, if any, the City Council may adopt the amendment or any part thereof in such form as it deems advisable. The amendment SHall be effeetive only if fOl:lr ~4,L~) of the members of the Couneil COneur in its passage. The amendment shall be aoproved in accordance with the voting requirements of Minn. State Statute Section 462.357, Subd. 2. The City Council shall act upon the application within sixty (60) days after receiving the recommendation of the Planning Commission. (F) The Council may, by resolution, deny a proposed amendment and include the findings and reasons for denial in the resolution. The findings shall outline the ways in which the proposed use fails to meet the standards and intent of this Title and is otherwise injurious to the public health, safety and welfare. (Ord. 089-217, 7-6-1989) 10-8-H3-12: ENFORCEMENT PENALTIES: Any violation of this Title may be enjoined by the City Council through proper legal channels and any person who violates this Title shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine not to e](ceed five hundred dollars ($500.00) or by imprisonment for a term not to exceed ninety (90) days, or both, for eaeh offenseto the maximum as provided by law. Each day a violation is permitted to exist shall constitute a separate offense. Penalties assoeiated '.vitH _ distriets SHall also be subjeet to the provisions listed in Chapter 10, flood Plain Management, of this Title. (Ord. 093 323, 1261993) 10~3-13: ENFORCEMENT REMEDIES: In case any building, structure or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this Title, the City Council, in addition to other remedies, may institute in the name of the City, any appropriate action or proceeding to prevent, restrain, correct or abate such building structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. Remedies associated ','/ith _ .. shall also be sl:lbjeet to the provisiONS listed in CHapter 10, flood Plain Management, of this Title. (Ord. 093 323, 12 a 1993) City of Farmington Zoning Regulations Draft - January 8, 2002 page 31 Chapter 4: General Provisions 10-4-1: GENERAL REQUIREMENTS: The miRiml:lm lot area, miRimum depth of front, rear aFle side yards for eaCH district sHall be as SHa'llFl iFl Table I, SectiaR 10 4 2 of tHis CHapter, Lot and Yard RequiremcFlts. No proposed plat €If a Fle\,' sl:lbdivisioFl shall hereinafter be apf'lroved l:lFlless tHe lots witHiFl such plats are eql:lal to or exceed tHe miFliml:ll'fl size as required for tHe district iFl wHicH tHe property is located, and sHall iRelude doeumeFltation ,tlhich suggests tHe locatioFl for both principal aRd accessory strucRires. (A) Lots which abut on more than one street shall provide the required front yards along each street. Rear yard setbacks shall not be required on corner lots since side yard setbacks apply. (B) All structures, whether attached to the principal structure or not, and whether open or closed, including porches, carports, balconies or platforms above normal grade level, shall not project into any minimum front, side or rear yard. (C) Any lot of record existing on the effective date (original adoption date) hereof may be used for the erection of a structure conforming to use regulations of the district in which it is located, even though its area and width are less than the minimum requirements of this Title. (Ord. 086-177, 3-17-86). (E) In new residential subdivisions, all structures may be arranged to include one zero lot line; provided, that no windows or doors open on this side of the structure. In such lot arrangements, the total side yard requirement may be placed on one side of the principal structure. Maintenance easements must be provided as part of the subdivided plat to afford access to the sides and roof of structures so placed. (F) Rear and side yard lot lines abutting a railroad right of way are exempt from rear and side yard setbacks in all districts. (Ord. 086-177, 3-17-86) (G) IR older resideRtial Fleighborhoods, WHere struet\:lres on adjaeeRt lots or parcels have freRt yard setbaeks different from those reqMiree, tae miRiFFR:lm front yare setback saall eonfoffB ':lith eJ(istiRg adjaeeRt struetl:lfes and an additioR to aR existing bl:lildiRg may be eJ(tended l:ltilizing ',vaatever setbael( has beeR establisHed. However, the Board of ;\djustmeRt may permit froRt yare setbacks to be ree\:lces l:lJ> te five feet (5') as long as the setbacks arc Rever less taaFl twenty feet (20') from the right of '.vay liRe. SNeh variaRees may be granted for eitl~er the priRcipal structure or the garage bl:lt Rot both. IR Rev,' resideRtial subdiyisioRS the (lV/Her may either elect to adopt froat yard setbacks deeper thaR the stated miaimums or to develop a variable setbaek plan whiCH has been approved by tHe plaHRer aRa files with the Building Iaspector; praviclee, that lots which are adjacent to pre'liously developed sNbeivisieRs snalll:ltilize the setback of existiag structures. (Ore. 089 217, 7 6 89) (H) If underground parking is included as part of townhouse and apartment developments, a credit of three hundred (300) square feet per unit will be added for the units provided with basement garages. (I) Single- and two-family dwellings shall be erected over a basement and include a single car garage of at least three hundred (300) square feet. If a basement is either not possible or not desired, the construction shall include a double car garage of at least four hundred forty (440) square feet. (Ord. 086-177, 3-17-1986). City of Farmington Zoning Regulations Draft - January 8, 2002 page 32 (K) IR tHe .'\griel:lltl:lral (with. the exceptioR of agrieHltHral preserves) aRd CORservatioR Distriets, a maximum of four (4) dwelliRgs per qtlarter/quarter section shall be permitted, provided: I. The dwelliRg tlRits are located eatirely withiR ORe qtlarter/ql:larter section on a separately O',vaea pareel of at least ORe aere iR size. 2. .^.ccess to public roads is separated from adjaceRt driveways on the same side of tHe road by a miRimum of tHree HHI'ldred thirty feet (330') aRd RO closer to pu131ie road intersections tnaa tHree HtlRdred feet (300'). 3. .'\pplicatioRs ror buildiRg permits sHall be accompanied by a registered laRd stlrvey of the pareel, induding the location of the proposed dwelling. (Ord. 086 177,3 17 1986) (M) Except in the case of a planned unit development, not more than one principal building or structure shall be located on a platted lot or parcel of land (N) Conditions under which solar energy systems will be approved include findings that: I. The proposed energy system complies with the definition listed in Section 10-1-4 of this Title. 2. The proposed collector will be unshaded by structures and vegetation between the hours of nine o'clock (9:00) A.M. and three o'clock (3:00) P.M. on December 21. 3. Solar sky space needs will not adversely restrict the reasonable economic use of neighboring property to the south. (Ord. 086-177, 3-17-1986) (0) IR all resideRtial districts ,vhere MtlRieipal serviees are Rot a'.'ailable, a maximum of ORe l:lRit per teR (10) acres shall be permitted. (Ord. 091 260, 12 16 1991). (P) A vehicular access plan shall be required which links every site with an improved public street or alley before any building permit is issued. (Ord. 088-198, 2-1-1988). (Q) The lot coverage of structures within development projects which include common open space controlled by a neighborhood association shall be calculated using each unit's share of that common open space. (Ord. 096-385, 1-6-1997) 10-8--94-2: NONCONFORMING USES: {AL The Board of Adjustment shall have the power to authorize changes of lawful nonconforming uses as follov/s: fAtA- j!nonconforming use which occupies a portion of a structure may be extended within such structure as it existed when this Zoning Title was enacted but not in violation of the area and yard requirements of the zoning district. (D) .\ Rev: RORcoRforming use may be ereated iR aR eJlistiRg stfl:letHre to replace a lavd'wl ROReoRrormiRg use, provided that the O\\'ller agrees iR ...:ritiRg tHat: 1. The proposed ROReonrormiag use will eRtail RO struettlral eHaRges or additioRs otAer tAaR those required for pmposes of safety, Aealth aRd aesthetics. City of Farmington Zoning Regulations Draft - January 8, 2002 page 33 2. The proposed use will be limited by all provisions of the section of this Title regulating nonconforming uses. COrd. Og6 177,3 17 1986) I Q €i I: NONCONFORMING USES: @lNonconforminguses in flood plains shall comply with requirements listed in Chapter M_ of this Title. The following provisions shall apply to all other nonconforming uses: (Ord. 093-323, 12-6-1993) LfAt-A nonconforming use may be continued but may not be extended, expanded or changed unless to a conforming use, except as permitted by the Board of Adjustment in accordance with the provisions of this Title. LfBt-A zoning certificate must be obtained within one year by the owner of any nonconforming use as evidence that the use lawfully existed prior to the adoption of the provision which made the use nonconforming. LfbtAny nonconforming structure damaged by fire, flood, explosion or other casualty to an extent exceeding fifty percent (50%) of its fair market value as indicated by the records of the County Assessor, if replaced, shall conform to the requirements of this Title. Lf9t-In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year or is abandoned for any period, such nonconforming use shall not be resumed. L.~Normal maintenance of a nonconforming structure is acceptable including nonstructural repairs and incidental maintenance. (Ord. 086-177, 3-17-1986) 10-4-3H: USES NOT DESIGN;\TEDANNEXATION AND DESIGNATION OF LAND: fB1!A) Land areas which may be added to the City by annexation, merger or other means shall be classified A-I Agricultural until such time that the City Council may rezone the added territory to more appropriate classifications. (Ord. 095-359, 10-2-1995) 10~-4: USES NOT DESIGNATED: (A) A use not specifically designated as a permitted or conditional use anywhere in the City is considered prohibited. In such a case, the Council, Commission or property owner may request a study by the City to determine if the use is acceptable and, if so, what zoning district would be most appropriate for the use and what conditions and standards, if any, should be attached to the development of the use. If found acceptable, an amendment to the Zoning Title may be initiated permitting the use as outlined in Chapter 3-9 of this Title. 10~-5: HEIGHT REGULATIONS FOR AIRSPACE SAFETY: Any person(s) proposing a structure of two hundred feet (200') or more above ground level located within the City shall notify and obtain the approval of the Federal Aviation Administration and the Minnesota Department of Transportation. (Ord. 097-394, 4-21-1997) 10-4-6: HERITAGE PRESERVATION COMMISSION: This Zoning Ordinance adopts by reference, the provisions of Section 2-11 as they may relate to this Section. City of Farmington Zoning Regulations Draft - January 8, 2002 page 34 Chapter 5 Zoning Districts and District Provisions 10~~-1: ZONING MAP: A map entitled Zoning Map, City of Farmington, is hereby adopted as part of this Title. All notations, references and data shown thereon are hereby incorporated by reference into this Title. It remains on file at the office of the Zoning f.dmiRistratorZoning Officer. A reduced copy of this map shall be attached to and become a part of each zoning ordinance. It shall be the duty of the City Planner to maintain said Map, and all amendments thereto shall be recorded within ninety (90) days of official publication. Explanatory material for the Zoning Map includes the Flood Insurance Study for the City prepared by the Federal Insurance Administration dated September 1978, and the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps therein. This material is hereby adopted by reference, declared to be a part of this Title and on file and available for inspection at the office of the ZORiFlg AdmiRistratorZoning Officer. (Ord.086-177,3-17-1986) 10~~-2: ZONING DISTRICTS: The City is divided into the districts shown by the district boundaries on the Zoning Map. The districts are: A-I Agricultural .\ 2 Agrieultl:lral Preserve R-l Low Density Residential R-2 Low/Medium Density Residential R-3 MediumHigft Density Residential R-4 Medium/High Density Residential R-5 High Density Residential R-T Downtown Transitional R-D Downtown Residential R 4 Mixed Coae ResideRtial B-1 Limited Business B-2 General Business B-3 Heavy Business B-4 Neighborhood Business SSC Spruce Street Commercial IP Industrial Park BP Business Park I-I Light Industrial C 1 COFlservatioR F I Floodway F 2 Flood FriBge F 3 GeBeral Flooa PlaiR 10~5-3: DISTRICT BOUNDARIES: District boundaries shown within the lines of the roads, streams and transportation rights of way shall be deemed to follow the center lines. The vacation of roads shall not affect the location of such district boundaries. When the Zoning Officer cannot definitely determine the location of a district boundary by City of Farmington Zoning Regulations Draft - January 8, 2002 page 35 such center lines, by the scale or dimensions stated on the Zoning Map or by the fact that it clearly coincides with a property line, he shall refuse action and the Board of Adjustment, upon appeal, shall interpret the location ofthe district boundary with reference to the scale of the Zoning Map and the purposes set forth in all relevant provisions of this Title. Similarly, the Boare of ,^.djustment shall iRterpret the exact locatioR of flooe plaiR district bm:lBearies basee UpOR elevatioRs of the regional (l00 year) flood profile aad other applieable data eontaiRed iR the Flood IRsuraRee Study for FarmiRgtoFl. Where a district boundary line divides a lot of record into two (2) or more districts, any portion of the lot within fifty feet (50') of such division may be used for any use of either district as approved by the Board of Adjustment. (Ord. 086-177, 3-17-1986) 10~5-4: DISTRICT REQUIREMENTS: Except for planned unit developments, all buildings and uses in each district shall be subject to the requirements listed under Chapters 3 through 6 of this Title. Planned unit development standards may be applied to any residential district at the request of the landowner and at the discretion of the City Council. Where planned unit development standards differ from the original district standards, the planned unit development standards shall apply. (Ord. 086-177, 3-17-1986) 192 (t: STORM W,"'.TER M:\N,.....CEMENT CONSISTENCY: Ponding areas aad wetlands desigaated OR tHe ZORiag Map as C I CORservatioR, shall be preserved as iRdieated iR the Storm Water MaaagemeRt PlaR. (Ore. 086 177,3 17 1986) City of Farmington Zoning Regulations Draft - January 8, 2002 page 36 10-5-5 A-1 AGRICULTURE (A) Purpose. The Agriculture District is intended to preserve the City's agricultural uses in order to protect farms until at least 2020, to maintain the City's small town character and to create an urban reserve for such time when there is a need for additional urban development and public utilities may be extended. (B) Bulk and Density Standards. I. Minimum Standards Proposed (Res Only) Current (A-1:Res) Lot Area 40 acres I acre Lot Width 150 feet 150 feet Front Yard Setback 50 feet 50 feet Side Yard Setback 20 feet 20 feet Rear Yard Setback 20 feet 20 feet Height (max.) 35 feet 45 feet * All standards are minimum requirements unless noted 2. Accessory Structure Standards Front Yard Setback 50 feet Side Yard Setback: 100 feet Rear Yard Setback 100 feet * All standards are minimum requirements unless noted 3. Additional Accessory Use Standards a. Feedlots, fenced runs, pens and similar intensively used facilities for animal raising and care shall not be located within three hundred feet (300') of a neighboring property. b. Roadside stands used exclusively for the sale of locally grown agricultural products shall be permitted if: (i) They are erected at least fifty feet (50') from the nearest edge of roadway surface (ii) Parking space is provided off the road right of way City of Farmington Zoning Regulations Draft - January 8, 2002 page 37 (C) Uses Proposed Uses 1. Permitted a. Agriculture b. Day Care Facilities, In-home c. Dwellings, Single Family d. Greenhouses and Nurseries, Commercial e. Public Parks and Playgrounds f. Recreational Vehicle Storage Facilities g. Seasonal Produce Stands h. Specialized Animal Raising Facilities 1. Truck Gardening a. b. c. d. e. f. g. h. 1. J. k. I. 2. Conditional a. Accessory Apartment a. b. Agricultural Services b. c. Cemeteries c. d. Churches d. e. Commercial and Recreational Uses e. f. Equipment Maintenance and Storage f. Facilities g. Feedlots g. h. Golf Courses h. 1. Kennels 1. J. Mineral Extraction J. k. Public and Parochial Schools k. I. Public Buildings and Facilities I. m. Public Utility Buildings m. n. Stables and Riding Academies n. o. Towers o. p. 3. Accessory a. }\ccessory Structures b. Home Occupations c. Solar Energy Systems Current Uses 1. Permitted Uses: Agriculture Day care center Drainage and irrigation systems Golf courses Greenhouses and nurseries Public parks and playgrounds Seasonal produce stands Single-family dwellings Specialized animal raising Stables and riding academies Travel trailer and boat storage Truck gardening 2. Conditional Uses: Accessory apartments Agricultural service Cemeteries Churches Commercial recreation uses Equipment and maintenance storage Feedlot Kennels Mineral extraction Public and parochial schools Public buildings Public utility buildings Solar energy systems Towers Two-family dwellings Water recreation and storage City of Farmington Zoning Regulations Draft - January 8, 2002 page 38 10-5-6 R-1 LOW DENSITY RESIDENTIAL DISTRICT (A) Purpose. The R-l Low Density Residential District provides for existing and future low-density single-family development with full public utilities. (B) Bulk and Density Standards. I. Minimum Standards Proposed Current Lot Area Single Family 10,000 square feet 10,000 square feet Two-Family --- 17,000 square feet Townhouse --- 1 acre Multi-Family --- 30,000 square feet Other --- 17,000 square feet Lot Width 75 feet 75 feet Front Yard Setback 20 feet 20 feet Side Yard Setback 6 feet 6 feet Rear Yard Setback 6 feet 6 feet Height (max.) 35 feet 45 feet Maximum Lot Coverage of all structures 25% 25% Net Dwelling Units per Acre ~ 3.5 3.5 Pm} ~ 4.5 * All standards are minimum requirements unless noted 2. Accessory Structure Standards Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Maximum size: Detached garages Lots UP to 0.5 acre Lessor of 1,000 s.f. or s.f. of principal use Lots 0.5 to I acre Lessor of 1,250 s.f. or s.f. of principal use Lots 1.0 acre + Lessor of 1,500 s.f. or s.f. of principal use Storage 120 square feet Maximum number: I of each Side Yard Setback: 6 feet Rear Yard Setback 6 feet Height (max.) 12 feet * All standards are minimum requirements unless noted 3. Minor Arterial Setbacks The minimum front yard setback for all land adjacent to minor arterial streets shall be fifty (50') feet from the planned right-of-way line. City of Farmington Zoning Regulations Draft - January 8, 2002 page 39 (C) Uses Proposed Uses 1. Permitted a. Agriculture b. Day Care Facilities, In-home c. Dwellings, Single Family d. Group Day Care, 12 or less persons e. Group Home, 6 or less persons f. Public Parks and Playgrounds 2. Conditional a. Cemeteries b. Churches c. Golf Courses d. Public and Parochial Schools e. Public Buildings f. Public Utility Buildings 3. Accessory a. Accessory Structures b. Home Occupations c. Solar Energy Systems Current Uses Permitted: Accessory storage buildings Agriculture Day care facility serving 14 or fewer persons Golf courses Public parks and playgrounds Residential care facility serving 6 or fewer persons Single-family dwelling Conditional: Accessory apartments Cemeteries Churches Condominiums Congregate care facilities Day care facility serving more than 14 persons Double and multiple-family dwellings Greenhouses and nurseries Hospitals and clinics Nonprofit recreational uses Nursing homes Planned unit developments Public and parochial schools Public buildings Public utility buildings Solar energy systems Towers Townhouses - quad homes Water recreation and water storage City of Farmington Zoning Regulations Draft - January 8, 2002 page 40 10-5-7 R-2 LOWIMEDIUM DENSITY RESIDENTIAL DISTRICT (A) Purpose. The R-2 Low/Medium Density Residential District is intended as an area which incorporates older existing development as well as undeveloped land suitable for small lot single and two family development as vlell as dupleJles, and townhomes that are served with full public utilities. (B) Bulk and Density Standards. I. Minimum Standards Proposed Lot Area Single Family 6,000 square feet Twinhome 5,500 square feet Two-Family 11,000 square feet Lot Width Single Family 60 feet Twinhome 37.5 feet Two-Family 75 feet Front Yard Setback 20 feet Side Yard Setback Single Family 6 feet Twinhome 6 feet and 0 feet Two-Family 6 feet Rear Yard Setback Single Family 6 feet Twinhome 6 feet Two-Family 6 feet Townhouse 10 feet Multi-Family 10 feet Height (max.) 35 feet Maximum Lot Coverage of all structures 30% Net Dwelling Units per Acre (max.) 5.5 Single Family 6.5 Twinhome 6.5 Two-Family * All standards are minimum requirements unless noted 2. Accessory Structure Standards Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Maximum size: Detached garages Lots up to 0.5 acre Lots 0.5 to I acre Lessor of 1,000 s.f. or s.f. of principal use Lessor of I 250 s.f. or s.f. ofnrincioal use City of Farmington Zoning Regulations Draft - January 8, 2002 page 41 Lots 1.0 acre + Lessor of 1.500 s.f. or s.f. of principal use Storage 120 square feet Apartment 1,800 square feet Maximum number: I of each Side Yard Setback: 6 feet Rear Yard Setback With Alley 10 feet Without Alley 3 feet Rear Yare Setbaek 6-feet Height (max.) 12 feet * All standards are minimum requirements unless noted 3. Minor Arterial Setbacks The minimum front yard setback for all land adjacent to minor arterial streets shall be fifty (50') feet from the planned right-of-way line. Uses Proposed Uses 1. Permitted a. Day Care Facilities, In- home b. Dwellings, Single Family c. Dwellings, Two Family d. Dwellings, Twinhome e. Group Day Care, 12 or less persons f. Group Home, 6 or less persons g. Public Parks and Playgrounds 2. Conditional a. Accessory Apartment b. Cemeteries c. Churches d. Clinics e. Funeral Homes f. Group Homes, Commercial g. Hospitals h. Nursing Homes 1. Public and Parochial Schools J. Public Buildings k. Public Utility Buildings City of Farmington Zoning Regulations Draft - January 8, 2002 page 42 3. Accessory a. Accessory Structures b. Home Occupations c. Solar Energy Systems City of Farmington Zoning Regulations Draft - January 8, 2002 page 43 10-5-8 R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT (A) Purpose. The R-3 Medium Density Residential District designates areas of the City for development oftownhomes in areas with access to iobs, services, public facilities and transit and that are served with full public utilities and a residential density of more than 5.5 units per acre. (B) Bulk and Densitv Standards. 1. Minimum Standards Pro Dosed Lot Area 15.000 square feet Lot Width Townhouse 100 feet Front Yard Setback 25 feet Side Yard Setback 10 feet Rear Yard Setback 10 feet Height (max.) Two-Family and Townhouse 35 feet Maximum Lot Coverage of all structures 30% Net Dwelling Units per Acre 8.5 (max.) * All standards are minimum requirements unless noted 2. Accessory Structure Standards Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Maximum size: '" ~ Detached garages Lessor of 1.000 s.f. or s.f. of principal use Storage 120 square feet Apartment 1 800 square feet Maximum number: I of each Side Yard Setback: 6 feet Rear Yard Setback With Alley 10 feet Without Allev 3 feet Heillht (max.) 12 feet * All standards are minimum requirements unless noted 3. Minor Arterial Setbacks The minimum front yard setback for all land adiacent to minor arterial streets shall be fifty (50') feet from the planned right-of-way line. City of Farmington Zoning Regulations Draft - January 8, 2002 page 44 (C) Uses Proposed Uses 1. Permitted a. Day Care Facilities, In-home b. Dwellings, Townhouse c. Group Day Care, 12 or less persons d. Group Home, 6 or less persons e. Public Park and Playgrounds 2. Conditional a. Group Day Care, 13 to 16 persons b. Group Home, 7 to 16 persons c. Group Homes, Commercial d. Public and Parochial Schools e. Public Buildings f. Public Utility Buildings g. Manufactured Homes 3. Accessory a. Accessory Structures b. Home Occupation c. Solar Energy Systems City of Farmington Zoning Regulations Draft - January 8, 2002 page 45 10-5-28R-4 MEDIUM/HIGH DENSITY RESIDENTIAL DISTRICT (A) Purpose. The R-4 Medium/High Density Residential District designates areas of the City for development of multiple family dwellings in areas with access to jobs, services, public facilities and transit and that are served with full public utilities and a residential density of more than 8.5 units per acre. (B) Bulk and Density Standards. I. Minimum Standards Proposed Current Lot Area Townhouse 15,000 square feet 15,000 square feet Multi-Family 10,000 square feet 10,000 square feet Other --- 10,000 square feet Lot Width Townhouse 100 feet 100 feet Multi-Familv 100 feet 60 feet Front Yard Setback 25 feet 20 feet Side Yard Setback 10 feet 10 feet Rear Yard Setback 10 feet 10 feet Height (max.) Townhouse 35 feet 45 feet Multi-Family 45 feet Maximum Lot Coverage of all structures Townhouse 30% 30% Multi-familv 30% 20% Net Dwelling Units per Acre (max.) 12.0 Townhouse &S Multi Family J4..Q.I. .pm:) * All standards are minimum requirements unless noted 2. Accessory Structure Standards Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Maximum size: I Detached garages Lessor of 1,000 s.f. or s.f. of principal use Storage 120 square feet Apartment 1,800 square feet Maximum number: I of each Side Yard Setback: 6 feet Rear Yard Setback 6 feet City of Farmington Zoning Regulations Draft - January 8, 2002 page 46 I Height (max.) I 12 feet * All standards are minimum requirements unless noted 3. Minor Arterial Setbacks The minimum front yard setback for all land adjacent to minor arterial streets shall be fifty (50') feet from the planned right-of-way line. (C) Uses Proposed Uses 4. Permitted a. Day Care Facilities, In-home b. Dwellings, Multi-family c. Dwellings, Townhouse d. Group Day Care, 12 or less persons e. Group Home, 6 or less persons f. Public Park and Playgrounds 5. Conditional a. Accessory Apartment b. Churches c. Clinics d. Clubs e. Funeral Homes f. Group Day Care, 13 to 16 persons g. Group Home, 7 to 16 persons h. Group Homes, Commercial 1. Hospitals J. Nursing Homes k. Public and Parochial Schools I. Public Buildings m. Public Utility Buildings 6. Accessory a. Accessory Structures b. Home Occupation c. Solar Energy Systems Current Uses Permitted Accessory storage buildings Day care facility serving13 through 16 persons Multiple-family dwellings Public parks and playgrounds Residential care facilities Townhouses - quad homes Conditional Accessory apartments Churches Clubs Congregate care facilities serving 7 through 16 persons Day care facility serving more than 16 persons Funeral homes Hospitals and clinics Nursing homes Planned unit developments Public and parochial schools Public buildings Public utility buildings Single-family dwellings Solar energy systems Two-family dwellings City of Farmington Zoning Regulations Draft - January 8, 2002 page 47 lO-5-10R-5 HIGH DENSITY RESIDENTIAL DISTRICT (A) Purpose. The R-5 High Density Residential District designates areas of the City for development of multiple family dwellings in areas with access to iobs, services, public facilities and transit and that are served with full public utilities and a residential density of more than 14 units per acre. (8) Bulk and Density Standards. I. Minimum Standards Proposed Lot Area 40 000 SQuare feet Lot Width 100 feet Front Yard Setback 25 feet Side Yard Setback 10 feet Rear Yard Setback 10 feet HeiQht (max.) 45 feet Maximum Lot Coverage of all 30% structures Net DwellinlJ Units ner Acre 12.0+ * All standards are minimum requirements unless noted 2. Accessory Structure Standards Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Maximum size: I Detached garages Lessor of 1,000 s.f. or s.f. of principal use Storage 120 square feet Aoartment I 800 sauare feet Maximum number: I of each Side Yard Setback: 6 feet Rear Yard Setback 6 feet Height (max.) 12 feet * All standards are minimum requirements unless noted 3. Minor Arterial Setbacks The minimum front yard setback for all land adiacent to minor arterial streets shall be fifty (50') feet from the planned right-of-way line. City of Farmington Zoning Regulations Draft - January 8, 2002 page 48 (C) Uses Proposed Uses 7. Permitted a. Day Care Facilities, In-home b. Dwellings, Multi-family c. Group Day Care. 12 or less persons d. Group Home, 6 or less persons e. Public Park and Playgrounds 8. Conditional a. Accessory Apartment b. Churches c. Clinics d. Clubs e. Funeral Homes f. Group Day Care, 13 to 16 persons g. Group Home, 7 to 16 persons h. Group Homes, Commercial 1. Hospitals 1. Nursing Homes k. Public and Parochial Schools 1. Public Buildings m. Public Utilitv Buildings 9. Accessory a. Accessory Structures b. Home Occupation c. Solar Energy Systems City of Farmington Zoning Regulations Draft - January 8, 2002 page 49 10-5-119 R- T Downtown Transitional Mixed Use District (A) Purpose. The R-T Downtown Transitional Mixed Use District allows for a variety of compatible uses to create a transition between the Downtown Business District and existing downtown residential areas and to promote neighborhoods that are pedestrian friendly. (B) Bulk and Density Standards. 1. Minimum Standards Proposed Current (R-3) Lot Area Single Family 6,000 square feet 10,000 square feet Twinhome 7,500 square feet --- Two-Family 15,000 square feet 15,000 square feet Townhouse 15,000 square feet 15,000 square feet Multi-Familv 10,000 square feet 10,000 square feet Lot Width Single Family ~60 feet 75 feet I Twinhome 37.5 feet --- Two-Family 75 feet 75 feet Townhouse 100 feet 100 feet Multi-Familv 60 feet 60 feet Front Yard Setback 20 feet 20 feet Side Yard Setback 6 feet 10 feet Rear Yard Setback 6 feet 10 feet Height (max.) 35 feet 45 feet Net Dwelling Units per Acre Twinhome 7.0 Two-Family 6.0 Townhouse 8.5 Multi-Family 14.0+ Pl:ID Gross DVlelling URits per .^.ere Normal ~ ~ -PYf) ~ +84 * All standards are minimum requirements unless noted 2. Accessory Structure Standards Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Maximum size: Detached garages Lessor of 1,000 s.f. or s.f. of principal use Storage 120 square feet Apartment 1,800 square feet Maximum number: I of each Side Yard Setback: 3 feet City of Farmington Zoning Regulations Draft - January 8, 2002 page 50 Rear Yard Setback With Alley 10 feet Without Alley 3 feet Height (max.) 12 feet * All standards are minimum requirements unless noted 3. Minor Arterial Setbacks The minimum front yard setback for all land adjacent to minor arterial streets shall be fifty (50') feet from the planned right-of-way line. (C) Uses 1. Permitted a. Day Care Facilities, In-home b. Dwellings, Single-family c. Group Day Care, 12 or less persons d. Group Home, 6 or less persons e. Public Parks and Playgrounds 2. Conditional a. Churches b. Clinics c. Clubs d. Dwellings, Multi-family e. Dwellings, Twinhome f. Dwellings, Townhouse g. Dwellings, Two-Family h. Group Day Care, 13 to 16 persons 1. Offices J. Public Buildings k. Public Utility Buildings 3. Accessory a. Accessory Structures b. Home Occupations c. Solar Energy Systems City of Farmington Zoning Regulations Draft - January 8, 2002 page 51 10-5-114) R-D DOWNTOWN RESIDENTIAL DISTRICT (A) Purpose. The R-D Downtown Residential District recognizes the development patterns of the original residential areas of Farmington adjacent to the downtown. The purpose of the RD District is to accommodates existing higher density single-family and two-family residential development and promotes infill of high-density single family residential development within the downtown area in order to strengthen the downtown, create pedestrian friendly neighborhoods, and decrease the need for automobile use. (B) Bulk and Density Standards. 1. Minimum Standards Proposed Current (same as R-2) Lot Area Minimum 6,000 square feet Maximum 14,400 square feet Single Family 6,000 square feet Two-Family 11,000 square feet Lot Width Single Family 60 feet 60 feet Two-Family 75 feet 75 feet Front Yard Setback 20 feet 20 feet Side Yard Setback 5 feet 6 feet Rear Yard Setback 20 feet 6 feet Height (max.) 35 feet 45 feet Maximum Lot Coverage of all 35% 30% structures Gross D\velliFlg URits per ;\cre Normal H ---Pl:ID =1--:{) * All standards are minimum requirements unless noted 2. Accessory Structure Standards Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Maximum size: Detached garages Lessor of 1,000 s.f. or s.f. of principal use Storage 120 square feet Apartment 1,800 square feet Maximum number: 1 of each Side Yard Setback: 3 feet Rear Yard Setback With Alley 6lQ feet Without Alley 3 feet Height (max.) 16 feet City of Farmington Zoning Regulations Draft - January 8, 2002 page 52 * All standards are minimum requirements unless noted (C) Uses 4. Permitted a. Day Care Facilities, In-home b. Dwellings, Single-family c. Group Day Care, 12 or less persons d. Group Home, 6 or less persons e. Public Parks and Playgrounds 5. Conditional a. Churches b. Clinics c. Clubs d. Dwellings, Multi-familv e. Dwellings, Twinhome f. Dwellings, Townhouse g. Dwellings, Two-Family h. Group Day Care. 13 to 16 persons 1. Offices I. Public Buildings k. Public Utility Buildings 6. Accessory a. Accessory Structures b. Home Occupations c. Solar Energy Systems City of Farmington Zoning Regulations Draft - January 8, 2002 page 53 10-5-1J! B-1 HIGHWAY BUSINESS DISTRICT (A) Purpose. The B-1 Highway Business District is intended to provide pockets of convenience type uses along major thoroughfares that are both pedestrian accessible from adjoining neighborhoods and automobile accessible for short trips and through traffic. (B) Bulk and Density Standards. 1. Minimum Standards Proposed Current Lot Area 10,000 square feet 10,000 square feet Lot Width 75 feet 75 feet Front Yard Setback 30 feet 50 feet Side Yard Setback 10 feet 10 feet Rear Yard Setback 10 feet 10 feet Minimum side and rear yard abutting any residential District 10 feet 10 feet Off-street parking and access drives 35 feet 35 feet Public and semi-public buildings 50 feet 50 feet Recreational, entertainment, commercial and industrial uses Height (max.) 35 feet 45 feet Maximum Lot Coverage of all structures 25% 25% * All standards are minimum requirements unless noted (C) Uses Proposed Uses 1. Permitted a. Animal Clinics b. Clinics c. Clubs d. Coffee Shops e. Commercial Recreational Uses f. Convenience Store, without gas g. Health Clubs h. Hotels 1. Motels J. Offices k. Personal and Professional Services I. Personal Health and Beauty Services m. Recreation Equipment Sales/Service/Repair n. Restaurants, Class I, Traditional o. Retail Facilities p. Sexually Oriented Businesses - Accessory Current Uses Permitted Animal clinics Auto sales, service, repair Clinics Clubs, health clubs Commercial recreation Home and trailer sales and displays Hotels and motels Motor fuel stations, major Parking lots Recreational equipment sales, service and repau Restaurants Retail business Sexually Oriented Businesses - Accessory City of Farmington Zoning Regulations Draft - January 8, 2002 page 54 2. Conditional a. Auction Houses b. Auto Repair, Minor c. Auto Sales d. Car Washes e. Convenience Store, with gas f. Child Day Care Center, commercial g. Dental Laboratories h. Grocery Stores 1. Group Day Care Centers, commercial J. Hospitals k. Nursing Homes I. Outdoor Sales m. Public Buildings n. Public Utility Buildings o. Restaurants, Class II, Fast Food, convemence p. Restaurants, Class III, With liquor servIce q. Restaurants, Class IV, Non- intoxicating r. Solar Energy Systems s. Supply Yards t. Theatres u. Wholesale Businesses 3. Accessory a. Parking Lots Conditional Auction houses Car wash Daycare facility serving more than 16 persons Farm implement sales, service, repair Fast food establishments Mini-storage units Offices Outdoor sales Personal and professional services Public buildings Public utility buildings Recreational assembly places Residential care facilities serving more than 6 persons Solar energy systems Supply yards Theaters Water recreation and water storage Wholesale business City of Farmington Zoning Regulations Draft - January 8, 2002 page 55 10-5-12~ B-2 DOWNTOWN BUSINESS DISTRICT (A) Purpose. The B-2 Downtown Business District identifies a variety of general commercial and higher density residential uses for the downtown area in order to expand and strengthen the downtown as the primary commercial district for the City, create a pedestrian friendly downtown, and promote the City as a cultural center. Objectives of this district are to preserve historical buildings, require high design standards, and provide a diverse mix of community oriented commercial and cultural activities that are pedestrian oriented and accessible to area residents. (B) Bulk and Density Standards. I. Minimum Standards Proposed Current (Other uses onlv) Lot Area 5,000 square feet 5,000 square feet Lot Width 50 feet 50 feet Front Yard Setback o feet o feet Side Yard Setback o feet o feet Rear Yard Setback o feet o feet Height (max.) 45 feet 45 feet Maximum Lot Coverage of all structures 100% 25% Gross DwelliBg UBits per ..\ere (MMltifarnily) Normal ;W ;W ~ ~ U * All standards are minimum requirements unless noted (C) Uses Proposed Uses 1. Permitted a. Animal Clinics b. Clinics c. Clubs d. Coffee Shops e. Commercial Recreational Uses f. Commercial Services g. Neighborhood Services h. Nonprofit Recreational, Cultural and Entertainment Uses 1. Offices J. Personal and Professional Services k. Personal Health and Beauty Services I. Public Buildings m. Recreation Equipment Sales/Service/Repair n. Restaurants, Class I, Traditional o. Retail Facilities Current Uses Permitted Animal clinics Auto sales, service and repair Clinics Clubs - health clubs Commercial recreation Commercial schools Home and trailer sales and display Offices Parking lots Personal and professional service Public buildings Recreation and equipment sales, service and repair Restaurants Retail business Sexually Oriented Businesses - Accessory City of Farmington Zoning Regulations Draft - January 8, 2002 page 56 p. Sexually Oriented Businesses - Accessory 2. Conditional a. Auto Repair, Major b. Auto Repair, Minor c. Churches d. Convenience Store, with gas e. Dental Laboratories f. Funeral Homes g. Grocery Stores h. Hotels 1. Motels i. Multiple- family dwellings .t.-L Outdoor Sales *'-L.Public Utility Buildings hm. Restaurants, Class II, Fast Food, convemence ffi:I1-Restaurants, Class III, With liquor servIce fr.O---=---Restaurants, Class IV, Non- intoxicating &.-Ih-Solar Energy Systems iT.'9.:-- Theatres 3. Accessory a. Parking Lots Conditional Churches Elderly and handicapped housing Equipment and storage yards Farm implement sales, service and repair Fast food establishments Funeral homes Hotels and motels Light manufacturing Mini-storage units Motor fuel stations - minor Multiple-family dwellings Outdoor sales Public utility buildings Recreational assembly places Research and testing laboratories Research laboratories Residential care facilities serving more than 6 persons Solar energy systems Supply yards Water recreation and water storage Wholesale business City of Farmington Zoning Regulations Draft - January 8, 2002 page 57 10-5-1~ B-3 HEAVY BUSINESS DISTRICT (A) Purpose. The B-3 Heavy Business District is a transitional district designed to provide space for certain existing commercial and industrial uses which are compatible together but are more intense and therefore incompatible with uses identified in the B-1, B-2 and B-D districts. (B) Bulk and Density Standards. I. Minimum Standards Proposed Current Lot Area 5,000 square feet 5,000 square feet Lot Width 50 feet 50 feet Front Yard Setback o feet o feet Side Yard Setback 6 feet 6 feet Rear Yard Setback 6 feet 6 feet Minimum side and rear yard abutting any residential District Off-street parking and access drives 10 feet 10 feet Public and semi-public buildings 35 feet 35 feet Recreational, entertainment, commercial and 50 feet 50 feet industrial uses Height (max.) 45 feet 45 feet Maximum Lot Coverage of all structures 35% 35% * All standards are minimum requirements unless noted (C) Uses Proposed Uses 1. Permitted a. Animal Clinics b. Auto Repair, Minor c. Auto Sales d. Commercial Services e. Convenience Store without gas f. Mechanical Sales, Service and Repair g. Offices h. Public Buildings 1. Restaurants, Class I, Traditional J. Retail Facilities, greater than 3000 sf k. Supply Yards I. Truck Terminals m. Wholesale Businesses n. Sexually Oriented Businesses - Accessory 2. Conditional a. Auto Repair, Major b. Car Washes Current Uses Permitted Mechanical sales, service and repair Commercial services Animal clinics Wholesale business Supply yards Warehousing Light manufacturing Research and testing labs Parking lots Public buildings Auto sales, service, repair Motor fuel stations, major Sexually Oriented Businesses - Accessory Conditional Public utility buildings Offices City of Farmington Zoning Regulations Draft - January 8, 2002 page 58 c. Convenience Store with gas d. Group Day Care Center, Commercial e. Home and Trailer Sales/Display f. Manufacturing Facilities g. Mini-storage Units h. Outdoor Sales I. Petroleum Bulk Storage J. Public Utility Buildings k. Solar Energy Systems I. Greenhouses and Nurseries, Commercial Water recreation and water storage Home and trailer sales and displays Manufacturing Petroleum bulk storage Mini-storage units Equipment and storage yards Outdoor sales Retail business Restaurants Fast food establishments Solar energy systems 3. Accessory a. Parking Lots City of Farmington Zoning Regulations Draft - January 8, 2002 page 59 10-5-1~ B-4 LIMITED BUSINESS DISTRICT (A) Purpose. The B-4 Limited Business District is intended to provide a setting for low to medium density housing combined with complementary and supporting business land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. (B) Bulk and Density Standards. 1. Minimum Standards Proposed Current Lot Area 5,000 SQuare feet B-4 currently does not Lot Width 50 feet Have any bulk standards Front Yard Setback 20 feet Side Yard Setback 6 feet Rear Yard Setback 6 feet Minimum side and rear yard abutting any residential District 10 feet Off-street parking and access drives 35 feet Public and semi-public buildings 50 feet Recreational, entertainment, commercial and industrial uses Height (max.) 45 feet Maximum Lot Coverage of all structures 35% * All standards are minimum requirements unless noted (C) Uses Proposed Uses 1. Permitted a. Neighborhood Services b. Nonprofit Recreational, Cultural and Entertainment Uses c. Offices d. Personal and Professional Services, less than 3000 sf e. Personal Health and Beauty Services, less than 3000 sf f. Dental Laboratories 2. Conditional a. Animal Clinics b. Churches c. Clinics d. Child Day Care Facilities, Commercial e. Dwellings, Multi-Family Current Uses Permitted Daycare facilities Neighborhood services(not to exceed 3,000 square feet in gross floor area) Nonprofit/public buildings Personal and professional services (not exceeding3,000 square feet of gross floor area) Personal health and beauty services (not exceeding3,000 square feet of gross floor area) Residential care facility Conditional Animal clinics (no kenneling allowed) Churches Clinics Funeral homes Light manufacturing and assembly (straight trucks only, no jointed or semi- tractor trailer trucks) City of Farmington Zoning Regulations Draft - January 8, 2002 page 60 f. Funeral Homes g. Health Clubs h. Light Manufacturing Facilities i. Personal and Professional Services, greater than 3000 sf j. Personal Health and Beauty Services, greater than 3000 sf k. Public and Parochial Schools I. Public Utility Buildings 3. Accessory a. Parking Lots Multi-family dwellings Neighborhood convenience stores (no gasoline sales, not exceeding 3,000 square feet in gross floor area - no automotive repair facilities allowed) Parking lots Personal and professional services (exceeding 3,000 square feet in gross floor area) Restaurants (no drive- thru services, limited t03,000 square feet of gross floor area, no alcohol sales) Schools Interim Uses Automobile repair; minor( eff. until 6-7-2002) City of Farmington Zoning Regulations Draft - January 8, 2002 page 61 10-5-151 SSC SPRUCE STREET COMMERCIAL DISTRICT (A) Purpose: The Spruce Street Commercial District is primarily designated for commercial retail sales and services. This district is not intended to compete with the businesses in the Central Business District, rather provide a location for those businesses that have space needs that are larger than can be accommodated in the downtown or would be a disruption to existing development patterns. Development in this district will provide design elements and building and site relationships that emulate traditional mainstreet form to create a walkable pedestrian friendly environment with connections to surrounding areas. The relationship of the Spruce Street Commercial district to C.S.A.H. 50, future residential development, and the Central Business District will require a greater sensitivity to design with higher quality standards in order to develop a pleasant, attractive and aesthetically pleasing environment. (B) Bulk and Density Standards. Lot Area 1 acre Lot Width 100 feet Front Yard Setback 50% of the building front shall be within 20 feet of the public right-of- way or private street edge Side Yard Setback No requirement Rear Yard Setback 20 feet Height (max.) 40 feet * All standards are minimum requirements unless noted (C) Uses 1. Permitted a. Child Day Care Center, commercial b. Commercial Recreation c. Health Clubs d. Restaurants, Class I, Traditional e. Restaurants, Class III, with liquor service f. Retail sales and services g. Theaters 2. Conditional a. Convenience Stores, with gas b. Grocery Stores c. Hotels and Motels d. Public Utility Buildings e. Restaurants, Class II, fast food, convenience f. Theaters 3. Accessory a. Parking Lots 4. Interim a. Mineral Extraction City of Farmington Zoning Regulations Draft - January 8, 2002 page 62 10-5-1~' BP BUSINESS PARK DISTRICT (A) Purpose: The Farmington West-Business Park district is primarily designated for office and business park developments that will provide a broader range of employment opportunities than is currently available in Farmington. Business and office uses are envisioned to draw people from the surrounding area and introduce higher concentrations of employment. The Business Park will develop at higher building and site design standards than other industrial and industrial park districts in Farmington. (B) Bulk and Density Standards. Lot Area 2 acres Lot Width 300 feet Front Yard Setback 30 feet Side Yard Setback 30 feet Rear Yard Setback 30 feet Height (max.) 40 feet * All standards are minimum requirements unless noted (C) Uses 1. Permitted a. Health Clubs b. Hotels c. Offices d. Research Laboratories e. Restaurants, Class I, Traditional f. Restaurants, Class III, with liquor service g. Warehousing Facilities 2. Conditional a. Dental Laboratories b. Public Utility Buildings 3. Accessory a. Parking Lots 4. Interim a. Mineral Extraction City of Farmington Zoning Regulations Draft - January 8, 2002 page 63 10-5-12-1 IP INDUSTRIAL PARK DISTRICT (A) Purpose. The IP Industrial Park District allows for existing industrial uses within the City and promotes high quality architectural, landscaping and site plan development standards for new industrial development in order to increase the City's tax base and provide employment opportunities. (B) Bulk and Density Standards. 1. Minimum Standards Proposed Current (1-1) Lot Area 40,000 square feet 40,000 square feet Lot Width 150 feet 150 feet Front Yard Setback 50 feet 50 feet Side Yard Setback 25 feet 25 feet Rear Yard Setback 25 feet 25 feet Minimum side and rear yard abutting any residential District 10 feet 10 feet Off-street parking and access drives 35 feet 35 feet Public and semi-public buildings 50 feet 50 feet Recreational, entertainment, commercial and industrial uses Height (max.) 45 feet 45 feet Maximum Lot Coverage of all 35% 35% structures * All standards are minimum requirements unless noted (C) Uses 1. Permitted a. Light Manufacturing Facilities b. Office Showroom c. Office Warehouse d. Research Facilities e. Warehousing Facilities 2. Conditional a. Child Day Care Facilities, Commercial b. Manufacturing Facilities c. Public Utility Buildings 3. Accessory a. Parking Lots 4. Interim a. Mineral Extraction City of Farmington Zoning Regulations Draft - January 8, 2002 page 64 10-5-4208 1-1 INDUSTRIAL DISTRICT (A) Purpose. The I-I Industrial District allows for the continuation of existing industrial uses but not their expansion in the downtown area. (B) Bulk and Density Standards. I. Minimum Standards Proposed Current Lot Area 20,000 square feet 40,000 square feet Lot Width 75 feet 150 feet Front Yard Setback 30 feet 50 feet Side Yard Setback 15 feet 25 feet Rear Yard Setback 15 feet 25 feet Minimum side and rear yard abutting any residential District 10 feet 10 feet Off-street parking and access drives 35 feet 35 feet Public and semi-public buildings 50 feet 50 feet Recreational, entertainment, commercial and industrial uses Height (max.) 45 feet 45 feet Maximum Lot Coverage of all structures 35% 35% * All standards are minimum requirements unless noted (C) Uses Proposed Uses 1. Permitted a. Auto Repair, Major b. Light Manufacturing Facilities c. Mini-Storage Units d. Offices e. Research Facilities f. Supply Yards g. Truck Terminal h. Warehousing Facilities 1. Sexually Oriented Businesses 2. Conditional a. Agriculture b. Commercial Recreational Uses c. Food Processing Facilities d. Manufacturing Facilities e. Public Utility Buildings f. Recycling Facilities g. Solar Energy Systems h. Towers Current Uses Permitted Research and testing labs Supply yards storage Warehousing Truck terminals Light manufacturing Parking lots Mini-storage units Sexually Oriented Businesses Conditional Manufacturing Water recreation and water Public utility buildings Agriculture Commercial recreation Grain elevators Food product processing Solar energy systems Recycling facility City of Farmington Zoning Regulations Draft - January 8, 2002 page 65 Towers 3. Accessory a. Parking Lots 4. Interim a. Mineral Extraction City of Farmington Zoning Regulations Draft - January 8, 2002 page 66 CHl\PTER 7 10-5-21 PLANNED UNIT DEVELOPMENT OVERLAY SECTION: 10 7 I: IRteRt 10 7 2: RequiremeRts 10 7 3: PrOeeal:lfe 10 7 I: (A)INTENT: The provisions of this Chapter of the ZORiFlg Titlechapter are intended to provide resideRtial areas ':;hieh eaR be developed ':lith some modificatioRs ofa means for greater flexibility and creativity in environmental design than is provided under the strict application ofregl:llatioRs of the R I, R 2, R 3 aRd R 4ResiaeRtial Districts iR aeeordaFlce with the provisioas aad regl:llatiofls cOFltaiFled herein. P.U.D.'s caa be developed '.vithiR any resideRtial district v:ith the overall popl:llatioa deasity or numeer of liviag l:lRits permitted to be COflstrnetea in geaeral coaformaaee with the proyisioRs of the basie zoaiag ffistfie.t ia v/hich it is loeatecl. Higher deasities may be allo'Ned thaa those permitted ia eaeh zoaiag aistriet ',vith the speeific density determined by the Plaaaiag Commission aaa CouaeiLthe existing code. The Planned Unit Development Overlay adopts the underlying zoning district uses and waives the prescribed development standards. Rather than strictly enforcing the concept of uniformity of housing types in each district, this provision will encourage: LfAf-Flexibility in residential land development to benefit from new technology in building design and construction and land development. LfBt-Variety in the organization of site elements, building densities and housing types. Lfbt-Higher standards of site and building design through the use of trained and experienced land planners, registered architects and landscape architects to prepare plans for all planned unit developments. L~Preservation and enhancement of desirable site characteristics and open space. LOOMore efficient and effective use of land, open space and public facilities. 107 2:.ill} REQUIREMENTS: LfAf- The development shall be planned so that it is consistent with the Farmington Comprehensive Plan. LfBt- The tract of land shall be under unified control at the time of application and scheduled to be developed as one unit. In addition, the development plan must include provisions for the preservation of natural amenities. LfGt- The planned unit development proposal must harmonize with both existing and proposed development in the area surrounding the project site. City of Farmington Zoning Regulations Draft - January 8, 2002 page 67 LfI)t-The proposed planned unit development must be comprised of at least five (5) acres of contiguous land. (E) Permitted lises may iRelude: I. l\AY eomeiRation of d',velliRg l:lnits iR single family, two family, qliad llOmes, tOWR or ro''v hOl:lses aRd apartmeats. 2. EducatioRal, religious, cliltural, reereatioRal or commercial facilities that are desigRed ana iRteRded to serve tae resideRts of tae plaRRed liRit aevelopment. The burdeR of proof shall rest lipOR the applicaRt to SAm", that such nonresideRtial uses are desigRed and iRtended for the primary lise of the resiaeRts iR th@ P.V.D.; provided further, that RO SHCR commercial uses shall be eoastructed uRtil fifty 13erceRt (59%) of the total d',vellillg liRits cORtaiRed ill the eRtire project is completed. "Completed" shall meaR qlialifyiRg for a certificate of OCClipaRCY. 3. Pl:lblic aRa pri',<ate edl:leatioR facilities. L 4. Otaer uses(E) Allowable uses include those permitted in the zoning district in which the planned unit development is located. L(F) Land for private or public open air recreational use protected by covenants running with the land or by conveyances or dedicated as the Planning Commission may specify shall be an integral part of the plan. Such open space areas shall conform to land area requirements of the Subdivision Title and shall not include land devoted to streets, parking and private yards. (G) DeRsity iaereases of up to thirty pereeRt (30%) from taose olitliRea iR Table 1, SectioR 10 4 2 of this Title, Lot aRd Yard Reqliirements, may be allo'.ved in proportioR to tRe Bl:1mber of cORditioRs listed immediately beloy! which. Rave been fulfilled, provieed that traffic patterns will Bot be adversely aff-eeted aRa that pl:1blic utilities and facilities are aaequate. I. TRe 10catioR, amouRt aRa proposed l:lse of commOR open space teR perceRt (10%). 2. TRe 10catioR, desigR, settiRg of dv!elliRg ullits ten perceflt (10%). 3. Locatioll adjacent to eJdstillg or proposed collectors or arterial streets five perceRt (5%). 4. Physical characteristics ef the site fi';e perceRt (5%). (H) BuildiRg setbacks from all property liRes ";Rieh form the perimeter oftRe total P.U.D. sRall be tweRty feet (20') or the height of the bl:1ildiRg, whiehe';er is greater. Tae setbaek for aRY bliildiRg ffElm all iRterior and exterior dedicated street right of 'Nay liRes or from the edge of tRe road smfaee or any private iRteri0r streets shall be twenty feet (20') or the ReigRt of the lmildiRg, \vh.ie1:1e';er is greater. (I) TRe heigRt limitatioR f{)r all1:ll:1ildillgs iR tRe P.U.D. shall be forty fi';e feet (45'). (1) The total coverage by buildiRgs shall not exceed tweRty perceRt (20%) of the total area iR the P.U.D. L(K) All P.U.D.'s shall have Municipal sewer and water service available. L(L) Building and Site Design: City of Farmington Zoning Regulations Draft - January 8, 2002 page 68 1. More than one building may be placed on one platted lot in a P.U.D. Areas for single-family detached dwellings must comply with the City Subdivision Title. 2. Architectural style of buildings shall not solely be a basis for denial or approval of a plan. However, the overall appearance and compatibility of individual buildings to other site elements or to surrounding development will be primary considerations in the review stages of the Planning Commission and Council. 3. No building permit shall be granted for any building on land for which a plan for a P.U.D. has not been finally approved by the City Council. 4. Staging of Development: (a) Any P.U.D. plan proposed to be constructed in stages shall include full details relating thereto and the City Council may approve or modify, where necessary, any such proposals. (b) The staging shall include the time for beginning and completion of each stage. Such timing may be modified by the City Council on the showing of good cause by the developer. 5. A primary function of the P.U.D. provision is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial. 6. The uniqueness of each proposal for a P.U.D. requires that specifications and standards for streets, utilities and services shall be subject to minor modifications from the specifications and standards established in this and other City ordinances governing their construction. The City Council may therefore waive or modify the specifications or standards where it is found that they are not required in the interest of the residents of the entire City. The plans and profiles of all streets, utilities and services shall be reviewed, modified, if necessary, and approved by the City Engineer. -W-+--JfQ: PROCEDURE: WL Pre-Application Conference. Before submitting an application for a planned unit development, an applicant may confer with the planning staff to obtain information and guidance, before incurring substantial expense in the preparation of plans, surveys and other data. A check list will be provided to the prospective applicant as an indication of the written and graphic materials required for P.U.D. consideration. (B) .^. geReral proceaure for apl'llicatioR, revie'.v aRa actioR OR a P.U.D. seall be accordiRg to tee follo'.."iRg outliRe wite more details fOl:ll~cl in the remaiRaer of this Chapter. I. Application, filiRg f-ee aRd copies iR a Rl:lmeer and scale as determiRed by the ZORiRg Officer of tee schematio plaR are to be submitted to tee Zoning Officer f-or revievl aRd submittal to other City staff. City of Farmington Zoning Regulations Draft - January 8, 2002 page 69 2. The Zoaiag Officer reviews tHe plaas fDr compliaace aad '.vill contact tHe aeveloper if aaaitioaal }'lIaRs are required. 3, Planaiag Commission holds a public heariag OR schematic plan. 4, .^.pplieant submits schematic plaa to COHReil. 5. Zoaiag Officer ameaas Zoaiag Map iaeatifyiHg tHe P.U.D. 6. The applicaHt prepares a preliminary plat. 7. Plannin.g Commission reviews prelimin.ary plat an.d forwards reeommendatioR to tHe City COl:laeil. 8, Council acts oa preliminary plat. 9. If Couacil approves prelimiaary plat, applican.t submits fiaal plat within. ORe Huadred tV/eaty (120) aays of Council approval. 10. J\pplieaat submits final plat to the Zoning Officer ',vho re'lie'.vs it for compliaace aaa transmits plat to the City COl:laeil and staff. * II. CouRcil revie'l.s fiRal plat and takes action. *Final plat aed preliminary plat may be prepared to conform witA developmeRt staging. (C) SeHematie Plan.: .A.n. applieaat SHall apply to the PlaFlaiFlg CommissioFl for approval of a aeveloflmeat concept of the P.U.D. vlith map and text as specified including enougH infDrmation to demonstFate its relatioasHip to aajoiaiFlg uses. I. Maps which are part of the schematic plan shall contain the following: (a) Location map showing location of the site within the City. (b) The existing topographic character of the land. (c) A composite of all natural amenities of the site and three hundred feet (300') adjacent to the site including steep slopes, drainage ways, plus marshes, ponds, lakes and property lines. (d) The size of site and proposed uses of the land to be developed together with an identification of off-site land use and zoning. (e) The density of land use to be allocated to the several parts of the development together with height, bulk and approximate location of buildings and other structures. (t) The approximate location of thoroughfares. (g) The location of common open space including public schools, parks and playgrounds or private natural preserves. City of Farmington Zoning Regulations Draft - January 8, 2002 page 70 (h) Schematic utility plan. 2. The written statement shall include the following: (a) A statement of the ownership of all land involved in the planned unit development together with a summary of previous work experience. (b) An explanation of the general character of the planned development. (c) A general indication of the expected time schedule of development. (d) A statement describing the ultimate ownership and maintenance of all parts of the development including streets, structures and open space. (e) A statement describing how all necessary governmental services will be provided to the developer. (1) The total anticipated population to occupy the planned unit development, with breakdowns indicating the number of school age children, adults and families. (D) Schematic Plan Approval: I. 'Nitnin tnirty (30) days after tne filing of a schematic plan, tne PlaFlning Commission snall n01s a pHolie nearing on tne applieation. Tne Planning Commission may eOFltiFll:le the heariRg or refer the matter saek to the applicant for further information; provided now ever, that tHe pMblie Hearing or Hearings shall be concluded 'Nithin forty fi':e (45) days after tne date of tne origiRal HeariFlg, HRless the applieaRt shall eonsent in '.vriting to an e](tension of time. 2. \VitHin sixty (60) says after filing of tHe seHematie plan, tne Planning Commissi0n sRall forwara tHe plan to tHe City COllneil ",..itn a written staff rep0rt, reeommenGing tHat tne plaR be disapproved, appravea or approves witH modifieatioFls, aFlG giving reasons for tnese reeommenGations. 3. THe PlaRRing CommissioFl SHall forward to tHe City CmlReil its2. The Planning Commission shall review the application and make a recommendation to the City Council based on and including, but not limited to, the following: (a) Compatibility with the stated purposes and intent of the planned unit development. (b) Relationship of the proposed plan to the neighborhood in which it is proposed to be located, to the City's Land Use Plan and to other provisions of the Zoning Title. (c) Internal organization and adequacy of various uses or densities; circulation and parking facilities; public facilities, recreation areas and open spaces. 4:-~ The City Council shall act on the schematic planwitnin f{)rty five (45) Gays after receipt of the plan from the Planning Commission. THe City Council may cORtinue tHe review process for additi0nal stl:ldy or iFlformationfor a period not to exceed ninety (90) Gays after reeeipt of the scnematie plaR from tne Planning CommissioR l:lFlless tHe applicant shall consent in \vriting to an eJ(tension of time. Upon City of Farmington Zoning Regulations Draft - January 8, 2002 page 71 eORell:lsioR of all reviews, the City COl:lAeil saall, witain thirty (30) says, make aRs file fiAdiRgs aRd eal:lse a copy thereof to be mailed to the applicaat. 4.$-,. If the schematic plan is approved, the City COl:mcil shall ameBd tae Zoaiag Map to show tae plaRRea l:lRit se'.'elopmeRt aRa its ideRtifieatioR Bl:lmber. If tae schematie plaR is approves ,vita modifieatioRs, the City Council applicant may proceed to the Preliminary P.U.D. Plan. shall Bot amend the Zoaiag Map uatil tae applieaRt Ras filed ',yitb the City Council '''TitteR eORseRt to the plaR as modified. Refusal of any moaifieatioR sRall eoastitute denial of the plaRs by the City COl:lReil. Failure of the applieaat to Botify the City COURcil of his acceptaRee of refusal of the modifieatioR to the plaa eoastitutes aeeeptaRce of these eoaditioRs. No building permit may be issl:lea OR tRe laRa 'llitRia the plaaned uait aevelopmeat uatil fiaal plaas for the developmeat or pRases of tbe aevelopmeRt Rave beeR approved by the City Couacil. (E) Preliminary P.U.D. Plan: 1. Application for a preliminary P.U.D. shall be filed with the Zoning Officer within six (6) months or risk '.vitadrawal oftae City COl:lacil approval of the P.U.D.ofthe approved Schematic Plan. It shall be in substantial compliance with the schematic plan. In the event the preliminary plan is not in substantial compliance, the ZORiRg Officer saall set forth the ways in ','.'hich the prelimiRary plan is Rot iR substaRtial eompliaaee "vita tae schematic plaR.a new schematic plan shall be submitted for review. (a) The applieaRt may treat such notifieatioR as deaial of his applieatioR fDr prelimiRary plat, or (b) The applieaRt may refile ais plaR so taat it does sl:lbstaRtially comply wita tae sehemGtie plGR. 2. The applicant may receive preliminary approval for phases of the development, however, the first phase of the development shall cover at least twenty percent (20%) of the area approved as part of the schematic plan. 3. Maps which are part of the preliminary plan shall include: (a) All the maps required for schematic approval of the plan. (b) Generalized elevations and perspectives of all structures. (c) A grading plan showing existing and proposed contours at two foot (2') intervals showing the direction of flow of surface drainage and all easements necessary for both ponding and runoff. (d) Plans and profiles for the distribution of water, collection of sanitary waste and storm sewer for the proposed phase. For the remaining area of the P.U.D. the following information shall be shown: Water distribution system Storm water distribution system Sanitary sewer system with invert elevation (e) Plans, profiles and typical sections for proposed street improvements. (f) All utility easements. City of Farmington Zoning Regulations Draft - January 8, 2002 page 72 (g) Landscaping and planting plan. (h) Erosion control plan. 4. A summary sheet indicating: (a) Land area for each use. (b) Number of units proposed including number of bedrooms in each area in subsection (E)4(a) above. (c) Number of areas of common open space. (d) Modifications of any provisions of this Title or any other ordinances, codes or regulations of the City. (e) Phasing plan indicating geographical staging and approximate timing of the plan or portions thereof. 5. Design Standards: (a) All preliminary and final utility plans shall be drawn in accordance with Farmington Engineering Design Criteria and Standard Specifications. (F) Review of Preliminary Plan: The Planning Commission shall make its recommeadations to tHe City Cmmeil for projeet approval; approval with eOl'lditioas; or senial. SI:WH recommeadations saall Be made \vithin siJ,ty (60) hold a public hearing on the Preliminary Plan. The Planning Commission may recommend the Council approve. approve with conditions. or deny a Preliminary Plan for p.nD. based on the following considerations: days of the initial Hearing unless the applieant files a written reql:lest to tHe Planning Commission for a delay. If tHe Planning Commission soes net make its reeommendation witHin tke speeified time perios aad a selay Has not heen reql:lested BY tHe apfJlie8nt, tHe City Couneil may take action on tHe request BY tHe applieant. 1. The consistencv of the proposed Planned Unit Development with the adopted or proposed Comprehensive Plan of the City. 2. The extent to which the proposed Planned Unit Development is designed to form a desirable and unified environment within its own boundaries in terms of relationship of structures. patterns of circulation. visual character and sufficiency of drainage and utilities. 3. The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area. 4. That any exceptions to the City Zoning Code are justified by the design or the development. 5. The sufficiency of each Planned Unit Development phase's size. composition. and arrangement in order that its construction, and operation is feasible without dependence upon any subsequent phase. City of Farmington Zoning Regulations Draft - January 8, 2002 page 73 6. The burden or impact created by the Planned Unit Development on parks. schools. streets. and other public facilities and utilities. 7. The impact of the Planned Unit Development on environmental quality and on the reasonable enjoyment of the surrounding property. (G) The City Council after receiving recommendation from the Planning Commission shall review the Preliminary Plan. The Council may recommend approval. approval with conditions. or deny a Preliminary Plan for P.U.D. based on the following considerations: 1. The consistency of the proposed Planned Unit Development with the adopted or proposed Comprehensive Plan of the City. 2. The extent to which the proposed Planned Unit Development is designed to form a desirable and unified environment within its own boundaries in terms of relationship of structures. patterns of circulation, visual character and sufficiency of drainage and utilities. 3. The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area. 4. That any exceptions to the City Zoning Code are justified by the design or the development. 5. The sufficiency of each Planned Unit Development phase's size. composition. and arrangement in order that its construction. and operation is feasible without dependence upon any subsequent phase. 6. The burden or impact created by the Planned Unit Development on parks. schools. streets. and other public facilities and utilities. 7. The impact of the Planned Unit Development on environmental quality and on the reasonable enjoyment of the surrounding property. (HG) Final Plan Approval: 1._ A final plan shall be submitted with an application for final plan approval within eRe RUl'ldred twenty (120) Gays after5 years of Council approval of the preliminary plan unless a written request for an extension is submitted by the applicant. If an application for final approval or a request for an extension is not received within eRe hundred tv;eRty (120) days,5 years, the preliminary plan will be considered abandoned and a new application for a preliminary plan must be submitted following the preliminary plan procedure. There shall be a maJliml:lHl of Rot more tRaR 0Re year graRtea by the City Council for any requested exteasi0R. 2. _The City Council shall review the final plan',Vithin thirty (30) days after filing of the application for final plan approval. City of Farmington Zoning Regulations Draft - January 8, 2002 page 74 3. _The final plan shall be in substantial compliance with the approved preliminary plan. Substantial compliance shall mean: (a) The number of residential living units has not been increased. (b) The floor area of nonresidential uses has not been increased. (c) Open space has not been decreased or altered to change its original intended design or use. (d) All special conditions prescribed on the preliminary plan by the applicant or any of the reviewing bodies have been incorporated into the final plan. 4. The application for final plan approval shall be accompanied by the following data and documents: (a) All the information contained in the preliminary plan plus any alterations or corrections required by the City Council. (b) Proposed zoning changes with legal descriptions of all district boundaries. (c) Deed restrictions, covenants, agreements, bylaws or proposed homeowners' associations and other documents controlling the use of property, type of construction or development of the activities of future residents. (d) A signed and executed developer's agreement. (e) A subdivision plat suitable for recording in the office of the Register of Deeds of the County. 5. Annual Review: The Planning Commission shall review all Planned Unit Development Districts within the City at least once each year until proiect completion and shall make a report to the City Council on the status of the development in each of the Planned Unit Development Districts. If the City Council finds that development has not occurred within a reasonable time after the original approval, the City Council may instruct the Planning Commission to initiate rezoning to the original zoning district by removing the Planned Unit Development District from the Official Zoning Map. 6. Amendments and Control: (a) Amendments may be made in the approved final plan when they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy ofthe City. (1) Minor changes in the location, siting and height of buildings and structures may be authorized by the planning staff if required by engineering or other unforseen circumstances. (2) All other changes in use, rearrangement of lots, blocks and open space must be authorized by the City Council under procedures outlined for amendment of the Zoning Title. (Ord. 086-177, 3-17-86) City of Farmington Zoning Regulations Draft - January 8, 2002 page 75 10-5-201 FLOODPLAIN OVERLAY DISTRICT (A) Statutory Authorization. The Legislature of the State of Minnesota has, in Minnesota Statutes Chapters 103F and Chapter (394 for counties or 462 for municipalities) delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. Minnesota Statute, Chapter 103F further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program. Therefore the City of Farmington, Minnesota does ordain as follows: (B) Statement of Purpose. The purpose of this ordinance is to maintain the community's eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (C) Warning of Disclaimer of Liability. This Ordinance does not imply that areas outside of the flood plain district or land uses permitted within such districts will be free from flooding and flood damages. This Ordinance shall not create liability on the part of the City of Farmington or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decisions lawfully made thereunder. (D) GENERAL PROVISIONS I. Adoption of Flood Insurance Rate Map. The most current Flood Insurance Rate Map for the City of Farmington and unincorporated Dakota County, Minnesota developed by the Federal Emergency Management Agency is hereby adopted by reference as the Official Flood Plain Zoning District Map and made a part of this ordinance. 2. Lands to Which Ordinance Applies. This ordinance shall apply to all lands designated as flood plain within the jurisdiction of Farmington. 3. Interpretation. The boundaries of the flood plain district shall be determined by GIS or scaling distances on the Official Flood Plain Zoning District Map. Where interpretation is needed as to the exact location of the boundaries of the flood plain district, the City Engineer shall make the necessary interpretation based on elevations on the regional (IOO-year) flood profile, if available. If 100-year flood elevations are not available, the community shall: 1) Require a flood plain evaluation consistent with Section (G) of this Ordinance to determine a lOO-year flood elevation for the site; or 2) base its decision on available hydraulic/hydrologic or site elevation survey data which demonstrates the likelihood the site is within or outside of the flood plain. (E) CONFLICT WITH PRE-EXISTING ZONING REGULATIONS AND GENERAL COMPLIANCE I. The Flood Plain District as Overlay Zoning District. The flood plain zoning district shall be considered an overlay zoning district to all existing land use regulations of the community. The uses permitted in Sections F and G of this ordinance shall be permitted only if not prohibited by any established, underlying zoning district. The requirements of this ordinance shall apply in addition to other legally established regulations ofthe community and where this ordinance imposes greater restrictions, the provisions of this ordinance shall apply. City of Farmington Zoning Regulations Draft - January 8, 2002 page 76 2. Compliance: No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this Ordinance. Within the Floodway and Flood Fringe, all uses not listed as permitted uses in Section F shall be prohibited. In addition, a caution is provided here that: (a) New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions ofthis Ordinance and specifically Sections F and N; (b) Modifications, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Ordinance and specifically Section K; and (c) As-built elevations for elevated structures must be certified by ground surveys as stated in Section I of this Ordinance. (F) PERMITTED USES, STANDARDS, AND FLOOD PLAIN EVALUATION CRITERIA 1. Permitted Uses in the Flood Plain. The following uses ofland are permitted uses in the flood plain district: (a) Any use ofland which does not involve a structure, an addition to the outside dimensions to an existing structure or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment. (b) Any use of land involving the construction of new structures, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing structure or obstructions such as fill or storage of materials or equipment, provided these activities meet two conditions. First, they are located in the flood fringe portion of the flood plain. Second, that compensatory flood storage volume is provided equal to the amount of fill proposed. The compensatory volume shall be provided between the impacted area and the channel in such a way to prevent an increase in the existing or future regional flood profile. These uses shall be subject to the development standards in Section (F)(2) of this ordinance and the flood plain evaluation criteria in Section (F)(3)ofthis Ordinance for determining floodway and flood fringe boundaries. (c) Travel trailers and travel vehicles are regulated by Section N of this Ordinance. 2. Standards for Flood Plain Permitted Uses. (a) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. City of Farmington Zoning Regulations Draft - January 8, 2002 page 77 (b) Storage of Materials and Equipment:(a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.(b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning or if placed on fill to the Regulatory Flood Protection Elevation. (c) No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system. Adverse impact is defined as an increase in the existing or future regional flood profile. (d) All structures, including accessory structures, additions to existing structures and manufactured homes, shall be constructed on fill so that the basement floor, or first floor if there is no basement, is at or above the Regulatory Flood Protection Elevation. The finished fill elevation must be no lower than two feet below the Regulatory Flood Protection Elevation and shall extend at such elevation at least 15' beyond the limits of the structure constructed thereon. (e) All Uses. Uses that do not have vehicular access at or above an elevation not more than two feet below the Regulatory Flood Protection Elevation to lands outside of the flood plain shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance, the Board shall specify limitations on the period of use or occupancy of the use and only after determining that adequate flood warning time and local emergency response and recovery procedures exist. (t) Commercial and Manufacturing Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. (g) On-site Sewage Treatment and Water Supply Systems: Where public utilities are not provided: I) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section. (h) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. 3. Flood Plain Evaluation City of Farmington Zoning Regulations Draft - January 8, 2002 page 78 (a) Upon receipt of an application for a permit, manufactured home park development or subdivision approval within the flood plain district, the Planning Coordinator shall require the applicant to furnish sufficient site development plans and a hydrologic/hydraulic analysis by a qualified engineer or hydrologist specifying the nature of the development and whether the proposed use is located in the regional floodplain and the Regulatory Flood Protection Elevation for the site. Procedures consistent with Minnesota Rules 1983 Parts 6120.5600 (Technical Standards and Requirements For Floodplain Evaluation) and 6120.5700 (Minimum Floodplain Management Standards for Local Ordinances) shall be followed during the technical evaluation and review of the development proposal. (b) The Planning Coordinator shall submit one copy of all information required by Section F of this Ordinance to the respective Department of Natural Resources' Area Hydrologist for review and comment at least 20 days prior to the granting of a permit or manufactured home park development/subdivision approval by the community. The Planning Coordinator shall notify the respective Department of Natural Resources Area Hydrologist within 10-days after a permit or manufactured home park development/subdivision approval is granted. (G) UTILITIES, RAILROADS, ROADS AND BRIDGES IN THE FLOOD PLAIN DISTRICT All utilities and transportation facilities, including railroad tracks, roads and bridges, shall be constructed in accordance with state flood plain management standards contained in Minnesota Rules 1983 Parts 6120.5000 - 6120.6200. (H) SUBDIVISIONS I. No land shall be subdivided and no manufactured home park shall be developed or expanded where the site is determined to be unsuitable by the City Engineer for reason of flooding, inadequate drainage, water supply or sewage treatment facilities. The City Engineer shall review the subdivision/development proposal to insure that each lot or parcel contains sufficient area outside of the floodway for fill placement for elevating structures, sewage systems and related activities. 2. In the Flood Plain District, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in Section F of this Ordinance. The City Engineer shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established in Sections F and G of this Ordinance. 3. For all subdivisions in the flood plain, the Floodway and Flood Fringe boundaries, the Regulatory Flood Protection Elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. 4. Removal of Special Flood Hazard Area Designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. City of Farmington Zoning Regulations Draft - January 8, 2002 page 79 (I) ADMINISTRATION I. Permit Required. A Permit issued by the City Engineer shall be secured prior to the construction, addition, or alteration of any building or structure; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a nonconforming use; and prior to excavation or the placement of an obstruction within the flood plain. 2. State and Federal Permits. Prior to granting a Permit or processing an application for a Variance, the City Engineer shall determine that the applicant has obtained all necessary State and Federal permits. 3. Certification of Lowest Floor Elevations. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. The City Engineer shall maintain a record of the elevation of the lowest floor (including basement) for all new structures and alterations or additions to existing structures in the flood plain district. (J) VARIANCES I. A variance means a modification of a specific permitted development standard required in an official control including this ordinance to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. 2. The Board may authorize upon appeal in specific cases such relief or variance from the terms of this Ordinance as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance. 3. Variances from the provisions of this Ordinance may be authorized where the Board of Adjustment has determined the variance will not be contrary to the public interest and the spirit and intent of this ordinance. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection then the Regulatory Flood Protection Elevation. Variances may be used to modify permissible methods of flood protection. 4. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Variance sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. A copy of all decisions granting a Variance shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 5. Appeals. Appeals from any decision of the Board may be made, and as specified in this Community's Official Controls and also Minnesota Statutes. City of Farmington Zoning Regulations Draft - January 8, 2002 page 80 6. Flood Insurance Notice and Record Keeping. The ZORiRg ,^.dmiRistfatorZoning OfficerZoning Officer shall notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance as stated by current FEMA policies for insurance coverage and 2) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. (K) NON CONFORMITIES A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued subject to the following conditions: I. No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. 2. An alteration within the inside dimensions of a nonconforming use or structure is permissible provided it will not result in increasing the flood damage potential of that use or structure. 3. The cost of all structural alterations or additions both inside and outside of a structure to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the Community's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Section F of this Ordinance for new structures. 4. If any nonconforming use of a structure or land or nonconforming structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The City Engineer may issue a permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill in conformity with the provisions of this ordinance. 5. If any structure or land lies along the south bank of the Vermillion River between Denmark A venue and Trunk Highway 3 the ordinance interpretation shall be modified due to designation in 1978 of a floodway that encroaches within the regional floodplain. In this area the designated floodway will be protected from all encroachment. The regional flood fringe will not be protected from impacts. (L) PENALTIES FOR VIOLATION A violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variance) shall constitute a misdemeanor. City of Farmington Zoning Regulations Draft - January 8, 2002 page 81 I. In responding to a suspected ordinance violation, the Zoning AdministratorZoning OfficerZoning Officer and Local Government may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. 2. When an ordinance violation is either discovered by or brought to the attention of the Zoning ;\dministratorZoning OfficerZoning Officer, the Zoning ,^.dministratorZoning Officer shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible. 3. The Zoning f.dministratorZoning Officer shall notify the suspected party of the requirements of this Ordinance and all other Official Controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning ,^.dministratorZoning Officer may order the construction or development immediately halted until a proper permit or approval is granted by the Community. If the construction or development is already completed, then the Zoning ,^.dministratorZoning Officer may either (I) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or (2) notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30-days. 4. If the responsible party does not appropriately respond to the Zoning :\dministratorZoning Officer within the specified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Zoning AdministFatorZoning Officer shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. (M) AMENDMENTS All amendments to this ordinance, including revisions to the Official Flood Plain Zoning District Map, shall be submitted to and approved by the Commissioner of Natural Resources prior to adoption. The flood plain designation on the Official Flood Plain Zoning District Map shall not be removed unless the area is filled to an elevation at or above the Regulatory Flood Protection Elevation and is contiguous to lands outside of the flood plain. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10-days written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of the ordinance amendment or technical study under consideration. (N) TRAVEL TRAILERS AND TRAVEL VEHICLES Travel trailers and travel vehicles that do not meet the exemption criteria specified below shall be subject to the provisions of this Ordinance and as specifically spelled out below. City of Farmington Zoning Regulations Draft - January 8, 2002 page 82 1. Exemption - Travel trailers and travel vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Section (N)(2) below and further they meet the following criteria: (a) Have current licenses required for highway use. (b) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it. (c) The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, underlying zoning use district. 2. Areas Exempted For Placement of Travel/Recreational Vehicles: (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium type associations. 3. Travel trailers and travel vehicles exempted in Section (N)(l) lose this exemption when development occurs on the parcel exceeding 500 dollars for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation requirements and the use of land restrictions specified in Sections F of this Ordinance 4. New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following:(a) Any new or replacement travel trailer or travel vehicle will be allowed in the Floodway or Flood Fringe Districts provided said trailer or vehicle and its contents are placed on fill above the Regulatory Flood Protection Elevation determined in accordance with the provisions of Section (F)(3) of this Ordinance and proper elevated road access to the site exists in accordance with Section F of this Ordinance. No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100-year or regional flood. (b) All new or replacement travel trailers or travel vehicles not meeting the criteria of (a) above may, as an alternative, be allowed if in accordance with the following provisions. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section F of this Ordinance. City of Farmington Zoning Regulations Draft - January 8, 2002 page 83 Chapter 6: Performance Standards: 10-6-!~Residential Swimming Pools Any enclosure, in ground or above ground, having a water surface area exceeding one hundred (100) square feet and a water depth of not less than one and one-half feet (11/2,) shall be considered a swimming pool which must meet the following location restrictions: (A) General: 1. Pools shall not be located within ten feet (10') (measured horizontally) from underground or overhead utility lines of all types. 2. Pools shall not be located within any private or public utility drainage, walkway or other easement. 3. Pool lighting shall be directed toward the pool and not toward adjacent property. 4. Pool area shall be enclosed by a nonclimbable-type safety fence at least five feet (5') in height to prevent uncontrolled access to the pool area. The fence shall have a self-closing and self-latching gate with its latch located at least four feet (4') above the ground level. (B) Single-Family Residential: I. Pools shall not be located within any required front, side and rear yards and shall be at least six feet (6') from any principal structure or frost footing. 2. In addition to observing yard setback requirements of each district, the filter unit, pump, heating unit and any other noise making mechanical equipment shall be located at least twenty five feet (25') from any residential structure on adjacent property. (C) Multiple-Family Residential: 1. Water surfaces and pumps, filter or other apparatus used in connection with the pool shall not be located closer than fifty feet (50') to any lot line. 2. Landscaping as outlined in Section 10-6-14 of this Code shall be placed between the pool area and adjoining low density district lot lines. 3. Deck areas, adjoining patios or other areas used in conjunction with the pool shall be located at least fifteen feet (15') from any lot line in an adjoining low density district. (Ord. 088-198,2-1-88) 10-6-Hl ~ Home Occupations City of Farmington Zoning Regulations Draft - January 8, 2002 page 84 A home occupation is permitted as an accessory use if it complies with the requirements of this Section following all procedures outlined for approval of a conditional use. (A) The home occupation shall be conducted solely and entirely by persons who reside full time in the home. (B) The home occupation shall be conducted wholly within the principal or accessory structures. (C) No structural alterations or enlargements shall be made for the sole purpose of conducting a home occupation. (D) Only one home occupation shall be permitted for each principal structure. (Ord. 086-177, 3-17-1986) (E) Exterior displays or signs other than a two-sided, two (2) square foot, nonilluminated sign and exterior storage of materials and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted. (Ord. 089-217, 7-6-1989) (F) The activity does not involve the manufacture, assembly or distribution of goods and the activity does not deal with the general retail public. (Ord. 086-177, 3-17-1986) 10-6-J,+ Signs; Billboards [RESERVED] 10-6-~Off Street Parking Off-street parking spaces shall be provided in accordance with the specifications of this Section in all districts except the B-2 General Business District whenever any new use is established or existing use is enlarged. Land Use Cate ories: Pro osed Same Same Auto Repair, Major 3 per bay plus 2 per service station. 2 per bay plus 2 per service station Same Same. Define seat as 22" Auto Repair, Minor Clinics Same 5 for each aIle I per 4 seats in principal assembl room 5 per doctor or dentist plus one er additional em 10 ee 1 per 4 members Bowlin AIle Churches, Funeral Homes and Theatres Clubs Convenience Stores, with and without as City of Farmington Zoning Regulations Draft - January 8, 2002 page 85 Uses Proposed Existin2 structure plus 3 for each service stall Commercial Recreation Uses 1 per 2 customers to 1 for every 50 square feet maximum capacity Dwellin2s, Multi-family 2.5 per dwellin2 unit 2 per dwellin2 unit Dwellings, Quad; Townhouse and 2 per dwelling unit plus 0.25 2 per dwelling unit Two-Family per unit in common parking space Dwellings, Single family Same 2 per dwelling unit 1 per employee plus 1 per Group Day Care Facility, 13 to16 every 5 clients persons Group Homes, (6 or less persons; 7 to 1 per employee plus 1 per 1 per dwelling unit 16 persons; commercial) and Nursing every 5 clients Homes Health Clubs 1 per 200 square feet Home Occupations Two spaces in addition to the requirement for dwellin2 Hospitals Same 1 per 3 beds plus 1 for each 3 employees on maximum work shift HotelslMotels Same I per rental unit plus one per employee Kennels, commercial 1 per employee plus 1 per every 1000 square feet ManufacturinglIndustrial Facilities 1 per 600 square feet 1 for each employee on max. shift Offices, Personal & Prof. Services Same I per 250 square feet Personal Health & Beauty Services 2 per operator station 1 for every 75 square feet Public and Parochial Schools - Same I per classroom plus 1 for Elementary and Junior High every 30 children Public and Parochial Schools -Senior 1 per classroom plus 1 for Hi2h every 3 children Public Buildings 1 per employee plus 1 per 200 square feet Public Parks and PlaY2rounds 1 % of total land area? Restaurants, Class I, III, IV and 1 per every 3 customers to 1 for every 75 square feet Coffee shops maximum seating capacity 1 fOF every lS sEfuaFe feet CIttss-II plus one per employee Restaurant. Class II 1 per everv 2 customers to 1 for every 15 square feet I maximum seatinp canacitv Retail Facilities 1 per 200 square feet plus 1 1 for every 75 square feet per employee. Warehousing Facilities 1 per 2000 square feet 1 for each employee on max. shift Wholesale Businesses 1 per 1000 square feet 1 for each employee on max. shift City of Farmington Zoning Regulations Draft - January 8, 2002 page 86 A. Parking spaces may be located on a lot other than that containing the principal use with the approval of the Board of Adjustment. B. Any off-street parking lot and driveway shall be graded for proper drainage and surfaced with concrete or bituminous material. C. Any lighting used to illuminate any off-street parking shall be so arranged as to reflect the light away from adjoining premises in any "R" District. (Ord. 086-177, 3-17-1986). D. All off-street parking areas shall have access from driveways rather than from public streets. Said driveway access shall be limited to thirty feet (30') in width at the public street line and twenty six feet (26') at the public street paved surface, except that driveways which serve as access for truck off-street loading areas in industrial districts shall be thirty two feet (32') at the street right-of-way line along collector streets and sixty feet (60') at the street right-of-way line along local streets. (Ord. 097-390, 2-18-1997} E. Plans for parking lots shall be submitted to the City Engineer for approval before construction may begin. Such plans shall indicate two foot (2') contours, paved surfaces, landscaping, drainage structures, lighting and other physical features. Prior to approval of the parking lot plan, the applicant shall submit surety acceptable to the City Administrator in the amount of the established costs of complying with the plan. The aforesaid surety shall be provided to guarantee completion and compliance with the plan. (Ord. 094-340, 11-21-1994) F. Parking spaces shall be a minimum of 9 feet by 18 feet. G. Location of Parking Facilities. Required off-street parking shall be on the same lot as the principal building. H. Joint Parking Facilities. Required parking facilities serving two or more uses may be located on the same lot or in the same structure. Conditions required for joint use are: I. The proposed joint parking space is within 400 feet of the use it will serve. 2. The applicant(s) shall show that there is no substantial conflict in the principal operating hours of the two or more buildings or uses for which ioint use of off-street parking facilities is proposed; and 3. A properly drawn legal instrument approved by the City Attorney, executed by the parties concerned for joint use of off-street parking facilities shall be filed with the Clerk. Said instrument may be a three or more party agreement including the City. I. Land Banking of Parking Spaces. Parking spaces intended for future building expansion or anticipated needs may be required by the City for land banking if required by the City. Areas to be land banked should be designed to integrate with existing parking area for space and aisle design, access points. landscaping provisions. and necessary storm water control. The approved site plan shall designate land banked parking areas and shall not be used for computing required open space standards. City of Farmington Zoning Regulations Draft - January 8, 2002 page 87 J. Control of Off-Street Parking Facilities. When required accessory off-street parking facilities are provided elsewhere than on the lot on which the principal use served is located, written authority for using such property for off-street parking shall be filed with the City so as to maintain the required number of off-street parking spaces during the existence of said principal use. No such parking facility at its closest point shall be located more than 100 feet from the property nor more than 400 feet from the principal use or building served. K. Use of Parking Area. Required off-street parking space in all districts shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable, for lease. rent or sale. L. Recreational Vehicle Parking. Recreational vehicles parked on residential property for more than 14 days shall be 1) parked in rear or side yard, and 2) registered to the owner or leaser of the property and display a current license. M. Parking in Residential Areas. All vehicles shall be parked on a hardsurface driveway or parking apron. All parking areas shall maintain a 5 feet setback from side and rear lot lines. N. Calculating Space. When the determination of the number of required off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space. O. Signs. Signs located in any parking area necessary for orderly operation of traffic movement shall be in addition to accessory signs permitted in other sections of this subsection. G,.P. Floor Area Determination. Floor area is based on 90% of gross floor area, or actual useable area. 10-6-~ Off Street Loading There shall be provided adequate off-street loading space in connection with any structure which requires receipt or distribution of materials by vehicles on a regular basis. (A) Location: I. All loading areas shall be situated on the same lot as the building or use to be served. (Ord. 086-177,3-17-1986) 2. Where a loading area faces a public street or residential district, the required width of maintained landscaped yard, including plant materials, berms and/or fences, shall be based upon the street classification system as follows: a. Arterial streets b. Collector streets c. Local collector/industrial d. Local (Ord. 094-327, 2-22-1994) 20 feet 15 feet 10 feet ~ lQJeet (B) Surfacing And Use: City of Farmington Zoning Regulations Draft - January 8, 2002 page 88 I. Loading berths and access driveways shall be surfaced with concrete or bituminous material. 2. Loading berths and access driveways shall not be used for the storage of goods or inoperable vehicles. (Ord. 086-177, 3-17-1986) 10-6-~: Accessory Storage Buildings: Accessory storage buildings shall be permitted uses in residential districts and conditional uses in business and industrial districts subject to the following conditions: (A) Residential: I. They shall be placed in the rear yard of the principal unit and at least ten feet (10') away from the dwelling unit if not attached. (Ord. 088-210, 11-7-1988) 2. They shall not exceed twelve feet (12') in height and one hundred twenty (120) square feet in area. (Ord. 096-378, 8-19-1996) 3. They shall meet the minimum requirements of the Building Code and be anchored in place as approved by the Building Inspector. (B) Commercial And Industrial: I. They shall be approved as part of the conditional use process. 2. They shall be constructed of similar materials as the principal use. 3. They shall comply with minimum requirements of subsection 1O-6-5(A) of this Section. (Ord. 088-210, 11-7-1988) 10-6491 Temporary Structures Temporary structures and trailers used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. The temporary structures are subject to the Uniform Building Code and permits may be issued by the City Zoning Officer for a six (6) month period. (Ord. 086-177, 3-17-1986) 10-6~~ Exterior Lighting (A) All interior lighting shall be designed and arranged so as to not direct any illumination upon or into any contiguous residential districts. (B) No exterior lighting shall be arranged and designed so as to create direct viewing angles of the illumination source by pedestrian or vehicular traffic in public right of way. (C) Lenses, deflectors, shields, louvers and prismatic control devices shall be utilized so as to eliminate nuisance and hazardous lighting. City of Farmington Zoning Regulations Draft - January 8, 2002 page 89 (D) Reflected glare from exterior lighting or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. ~l (E) _ (F) (F) In no case shall reflected glare or spill light exceed five-tenths (0.5) foot-candles as measured on the property line when abutting residential zones and one (1.0) foot-candle measured on the property line when such line abuts a similar zone and land. (Ord. 086-177, 3-17-1986) 10-6-H2 Screening The screening required in this Section shall consist of a fence, wall, landscaping or earth berm and shall not encroach into public right of way.bMt SHall Rot extend witHiFl fifteeR feet (15') of aFl)' pHblie street. Natural features such as differences in elevation and tree masses may negate the need for manmade screening in certain areas: A. Screening shall be required in residential districts where: 1. Any off-street parking lot contains more than six (6) parking spaces. 2. Any material and equipment is stored other than recreational equipment, construction material currently being used on the premises. B. SereeRiag A one hundred percent 000%) opaque screen consisting of a) a six feet (6') to eight feet (8') wooden opaque fence and landscaping, b) landspacing and berms, or c) a combination of both shall be required in business and industrial districts where: 1. Any structure, parking or storage is adjacent to and within one hundred feet (100') of property zoned for residential use. 2. Any side or rear yard of a business or industry that is across the street from a residential zone. 3. Any material and equipment stored outside except in display yards or for those being used for construction on the premises. C. Screening shall be required in all districts where waste material is stored other than in an enclosed building. (Ord. 086-177, 3-17-1986) 10-64410 Landscaping (A) Purpose: The purpose of this landscaping regulation is: 1. To provide vegetation to enhance the architecture of structures and soften and enhance the visual impact of buildings and paved areas. 2. To minimize environmental effects of a development on a particular site and surrounding area by providing shade, erosion control, air purification, ground water recharge, oxygen regeneration and noise, glare, and heat abatement. City of Farmington Zoning Regulations Draft - January 8, 2002 page 90 3. To protect and preserve the appearance, character, and value of property and thereby promote the general welfare of the City. 4. To buffer conflicting land uses and enhance the quality and appearance ofthe entire site. (C) Landscape Plan Requirements: Plans for required landscaping in the B-1, B-2, B-3, B-4, SSe. IP, BP and I-I Districts and for multi-family dwellings shall be submitted to the planner for approval before any permits are issued. The plan, shall be based on accurate final site plans and consist of a planting plan and exterior lighting plan. A registered landscape architect, registered architect, certified arborist, horticulturist or landscape designer shall prepare the plan. (D) Landscape Plan Contents: A landscape plan shall include the following information: 1. North point and graphic scale, not less than one inch (1 ") to one hundred feet (100'). 2. The name of the project; developer; owner; and the person who prepared the plan, with their professional designation; and the date and revision dates of the plan. 3. Accurate final grades at two foot (2') contour interval. 4. The location and dimensions of all existing and proposed structures, parking lots and drives, curbs, sidewalks, refuse disposal areas, fences, storm drainage systems, freestanding electrical equipment, recreational facilities and other freestanding structural features as determined necessary by the City. 5. The location, size, and type of all overhead, at-grade, and underground utilities and structures with proper notation, where appropriate, as to any safety hazards to avoid during landscape installation. 6. The location, type, sizes and quantity of all proposed landscape materials shall be delineated on the plan. Proposed plant material shall be shown at maturity and called out on plan by common name or appropriate key. 7. All plans shall be accompanied by a list or schedule of proposed landscape material, including common and botanical name, the quantity of proposed plants and trees, their height, caliper or gallon size and any requirements during installation. 8. Location of hose connections and other watering sources including the location of irrigation systems. 9. Any existing vegetation proposed to be saved shall be identified by name, quantity and size. Methods of protecting the vegetation must be illustrated and explained. Any existing trees, twelve inch (12") diameter or larger measured at four and one-half feet (41/2,) aboveground that are proposed for removal, must be included on the plan. 10. Water permeability test results are required to be shown on the landscape plan. See subsection (F)3 of this Section for testing techniques. (E) General Landscaping: 1. Landscaping Required: All areas not covered by buildings, paved areas, or other acceptable improvements shall be finish graded and installed with turf grass or other acceptable plant material. City of Farmington Zoning Regulations Draft - January 8, 2002 page 91 2. Developed Uses: In all residential, business and industrial districts, except in B-2 developed uses shall provide a landscaped yard along all public streets. This yard shall be free from structures, storage and off- street parking, except for driveways, and shall be at least h'.'eaty ten feet (~~) in depth. 3. Nonresidential: Where lots or parcels in any nonresidential zoning district are within one hundred feet (100') ofa residential zoning district (R-l, R-2, R-3 aH4-R-4. and R-5) a landscaped yard ten feet (10') in width installed with a one hundred percent (100%) screen (plant material, fence, etc.) shall be installed within the landscaped yard. 4. High-Density: High-density residential developments which range from seven (7) and sixty (60) units per acre shall include at least twenty percent (20%) of the parcel as landscaped open space and ten percent (10%) of the parcel must be developed for private recreation and/or common open space. 5. New Construction: New business construction in the B-1 Limited Business District shall maintain a minimum of ten percent (10%) of the site area as landscaped open space devoted to pedestrian use. 6. Off-Street Parking: Any off-street parking lot containing more than six (6) parking spaces shall be landscaped along the perimeter of the parking lot as follows: (a) Number Of Plant Materials: One tree and three (3) shrubs for every forty feet (40') of parking lot perimeter installed as close to forty feet (40') as possible along the parking lot frontage, allowing for utilities and intersection visibility requirements, in order to shade and enhance the appearance of the parking lot. Shrub plantings should be planted in groups of three (3) or more and installed to visually buffer the parking lot and roadway. (b) Minimum Landscape Area: A continuous nonpaved area at least ten feet (10') in width, shall be located between the edge of the parking lot and the property line. (c) Plant Species: Large canopy trees should be installed to provide shade for parking spaces. Evergreen trees should be used to screen parking lots and interior roadways. Visual buffers shall be a maximum of three feet (3') in height at maturity. No plant material or berm may be located so as to obstruct the sight distance of motorists entering or leaving the site. 7. Parking Lots: Any parking lot containing more than twenty (20) parking spaces shall ee-provide interior parking lot landscaping as follows: (a) Number Of Plant Materials: A minimum of one tree and three (3) shrubs for every twenty (20) parking spaces is required. Each interior island shall have at least one canopy tree that does not impede vehicular visibility. (b) Location Of Interior Islands: A minimum of one interior planting island for every twenty (20) parking spaces is required and shall be dispersed throughout the parking lot with the final layout design subject to review by the Community Development Department. (c) Interior Planting Island: The planting island shall have a minimum width of eight feet (8'), a maximum length of sixteen feet (16 '), and a minimum area of one hundred twenty eight (128) square feet. A minimum of seventy percent (70%) of every interior planting island shall be planted with live plant material, such as trees, shrubs, ground cover, or turf grass. The shrubs and ground cover shall be a maximum height of three feet (3') at maturity. The remaining area of the interior planting island shall be covered with an organic mulch. City of Farmington Zoning Regulations Draft - January 8, 2002 page 92 (d) Location Of Conduits: In cases where lighting conduits are installed within the interior planting islands, the conduits shall be located along the edge of the curb and not through the middle of the island in order to allow for the installation of plant material. (e) End Islands Of Parking Aisles: The end islands of all parking aisles and corners must be a minimum width of eight feet (8') and a maximum length of sixteen feet (16') for a single parking aisle or thirty two feet (32') for double parking aisles. The end islands shall be landscaped as required above. (t) Concrete Curbing: Concrete curbing is required for parking islands within the parking lot area. (g) Suggested Location Of Interior Islands For Safety: Parking lots shall be designed to promote safety for automobile drivers and pedestrians. In designing parking spaces, the driving aisles should be aligned towards the major destination as permitted by topography. This allows for pedestrian traffic to move through the aisles instead of crossing parking bays. One solution to quality parking is to locate a planting island between parked cars and install a sidewalk for easy access to the major destination as permitted by topography. Plantings may be located along the sidewalk to promote an aesthetic approach towards the building. 8. Screening Of High Activity Uses: All loading docks; commercial facilities with drive-through services; automotive repair and service; car washes; and other similar high activity uses associated with the building, adjacent to residential districts, shall be screened from adjacent property or street right of way by a six foot (6') opaque fence or masonry wall. 9. Screening Of Storage Yards: In industrial and commercial districts, no outside storage areas shall be allowed nor shall any articles, goods, materials or storage tanks be kept in the open or exposed to public view or view from adjacent buildings, without prior approval of the City. If outside storage is given City approval, all materials and/or containers and equipment, shall be screened one hundred percent (100%) from view. Required screening shall include: a) a six (6) to eight foot (8') high opaque wooden fence and landscaping; b) landscaping and berms; or c) a combination of both to fully screen the outdoor storage. 10. Screening Of Double Frontage Lots Adjacent To Collector And Minor Arterial Roadways: All subdivided land, included in all districts, which backs up to a collector or minor arterial street, either at right angles or parallel to the collector or arterial, shall provide for each double frontage lot an additional twenty feet (20') from the edge of the right-of-way line towards the property in order to allow space for buffering/screening along the back lot line. The developer shall be required to install the screening and this area may be screened by either a six foot (6') high wood fence with landscaping located between the fence and the property line, a berm with landscaping, a hedgerow, or an opaque landscaped screen. The plantings should be installed in order to provide one hundred percent (100%) screening of rear buildings from the collector or minor arterial street. (F) Planting Requirements: 1. Specifications: The minimum planting sizes for all plant material is the following: (a) Evergreen trees: six feet (6') in height as specified by the American Association of Nurserymen, except for the true dwarf varieties. (b) Ground cover plants: crowns, plugs, containers, in a number as appropriate by species to provide fifty percent (50%) surface coverage after one growing season. The species must provide seventy five (75) to one hundred percent (100%) surface coverage after two (2) growing seasons. City of Farmington Zoning Regulations Draft - January 8, 2002 page 93 (c) Medium and large deciduous shade trees: two inch (2") caliper, as measured six inches (6") above the ground as specified by the American Association of Nurserymen. (d) Shrubs (deciduous and evergreen, including spreader and globe tree forms): twelve (12) to eighteen inches (18") in height. (e) Small deciduous or ornamental trees: minimum caliper of one and one-half inches (11/2") as specified by the American Association of Nurserymen, except for the true dwarf varieties. (t) Sod: as required to provide coverage and soil stabilization. Sod is required in the street side yard or front yard and seeding may be planted within other areas of the yard. (g) Turf and native grass: seeding as appropriate to provide complete coverage within the first growing season. 2. Soil Specifications: The landscape plan must contain results of a water permeability test. A water permeability test is required in order to determine the type of soil the plant material is planted in. This requires a sharp shooter spade dug eighteen inches (18") into the ground. Fill the hole with water and if after eighteen (18) hours the hole still retains the water, the soil is determined to be too poor for planting. 3. Poor Soil Remedies: If the soil is determined to be too poor for planting, the following two (2) possible remedies are recommended. The first remedy is to install a ten foot (10') wide raised planting bed in order to provide acceptable planting soil. The height of the bed is the amount of soil it takes to cover the root ball of the plant to a level of two inches (2") above the ball. The bed must be covered with four inches (4 ") of mulch to provide for moisture retention. A second remedy is to excavate the soil to the depth of the root ball, allowing the root ball to rest on the clay soil. Excavate an area five (5) times the size of the root ball and replace the soil with quality planting soil. This will allow the tree roots to spread into adequate soil and provide an established root system before spreading into the poorer soil. (G) Street Tree Species To Be Planted: 1. Official Street Trees: The following list constitutes the official street tree species for Farmington, Minnesota. No species other than those included in this list may be planted as street trees without written permission of the Reforestation Advisory Commission. 2. Allowable Street Tree Species: Ash Marshalls Summitt Patmore Kindred Burgesen Dakota centennial Linden American Greenspire Redmond Sentry Oak BHHPin English Northern red Swamp white Maple Majesty Fire dance Schwedler Deborah Norway Maple Emerald queen Green mountain Cleveland Maple Emerald lustre Northwood red Crimson king City of Farmington Zoning Regulations Draft - January 8, 2002 page 94 Other Imperial honey locust Iromvood Skyline honey locust Haekberry Sunburst honey locust Regal elm Trees approved by City Staff (a) Spacing: Boulevard street trees shall be installed at a minimum spacing of one tree for every forty feet (40') of street frontage. The trees need not be placed at even forty foot (40') intervals; however, they should be installed as close to forty feet (40') as possible along the street frontage, allowing for utilities, driveways and intersection visibility requirements. The boulevard trees shall be installed per the landscape plan. The developer is responsible for ensuring that the boulevard trees are planted per the landscape plan as required by the development contract. Special planting designs for boulevard street trees need to be approved by a landscape architect or the planning coordinator. (b) Distance From Curb And Sidewalk: Boulevard trees shall be planted in the center of the boulevard width between the property line and curb or the sidewalk and curb. The distance trees may be planted from curbs and sidewalks shall be no closer than three feet (3 '). (c) Distance From Street Corners And Fireplugs: No street tree, landscape material or fences shall be located within the triangle of visibility, which is the area within a triangle created by measuring from a point on the curb or edge of the street closest to the center of the intersection, down the front curb lines or edge or intersecting streets thirty feet (30'), and connecting their end points with a straight line. No street tree shall be planted closer than ten feet (10') from any fireplug. (d) Utilities: No street tree may be planted within ten (10) lateral feet of any underground water line, sewer line, overhead or underground transmission line or other utility. Gopher State One shall be called to request locations of utilities. Only columnar street trees are allowed to be planted at least ten feet (10') from streetlights. (H) Tree Maintenance On City Boulevards: 1. The Boulevard Tree Maintenance Program is designed to prescribe various levels of maintenance to City trees located within City-owned boulevards. (a) Planting Requirements: The City Tree Maintenance Division will review all planting of trees and shrubs within City boulevards, defined as City-owned right of way. (b) Forestry Landscape Plan: Developers of subdivisions must submit a forestry landscape plan to the Planning Division. The Planning Division will be responsible for approving appropriate tree plantings within City boulevards. (c) Addition To Plan: Trees planted by residents on the boulevards that are in addition to the tree plan must receive prior approval from the City Tree Maintenance Division. (d) Trimming Requirements: The Parks Maintenance Division will be responsible for all trimming of boulevard trees. As these trees are on City property, and are essentially and legally City property, they must be maintained by the City to ensure that they are properly trimmed for structural integrity and disease-control measures. (e) Trimming: Prior to trimming boulevard trees, affected residents will be notified of the trimming schedule by the City through the use of door "hangers" or tags. City of Farmington Zoning Regulations Draft - January 8, 2002 page 95 (t) Contact: Residents will need to contact the Tree Maintenance Division when a boulevard tree needs trimming or inspection. (g) Height Standards: Trimming height standards must maintain a ten foot (10') clearance above any walkway and fourteen feet (14') above the roadway. These requirements provide clearance for walker, snow removal equipment and solid waste vehicles. (h) Brush From Pruning: The City will not collect any brush resulting from pruning or removal of trees or brush from private property. (i) Emergency Collection Of Brush: An emergency brush situation would occur when the Public Safety Officer declares one to exist, then and only then will the City collect brush generated by residents on private property, as a one time emergency service. (I) Tree Topping: 1. It shall be unlawful as a normal practice for any person to top any street tree, park tree or other tree on public property except as allowed in Section 8-6-10 of this Code. "Topping" is defined as the severe cutting back oflimbs to stubs larger than three inches (3") in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this Section at the determination of the City Reforestation Advisory Committee. (J) Pruning, Corner Clearance: 1. Prune branches so that such branches shall not obstruct the view of any street intersection and so that there shall be a clear space of ten feet (10') above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs that constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic-control device or sign. (K) Dead Or Diseased Tree Removal On Private Property: 1. The City shall have the right to cause the removal of any dead or diseased trees on private property within the City in accordance with Title 7, Chapter 6 of this Code when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees in the City. The City Reforestation Committee will notify, in writing, the owners of such trees. Removal shall be done by said owners at their own expense within sixty (60) days after the date of service of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal on the owners' property tax notice. (L) Removal Of Stumps: 1. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. (M) Tree Protection In Construction Zones: City of Farmington Zoning Regulations Draft - January 8, 2002 page 96 1. Specifications: Existing trees and vegetation that are to be saved shall be protected from all construction activities, including earthwork operations, movement and storage of equipment, and materials and dumping of toxic materials. A minimum protection zone shall be established by the installation of temporary fencing around existing vegetation to be preserved, placing the fencing no closer to the trees than their drip lines, and this information shown and noted on the plans. Protective fencing shall be maintained throughout the construction period. Alternative protection measures may be approved by the COfBffiMnity Development DepartmentZoning Officer. Construction details which indicate special techniques that will be employed to save trees are required for all existing trees for which credit is desired. Existing trees will be counted as fulfilling the landscaping requirements of this Section. Trees counted shall be all existing deciduous trees with a trunk size of four inches (4") or larger, measured at four and one-half feet (41/2,) above the ground and all existing evergreen trees measuring five (5) vertical feet or more in height. 2. Replacement: If any of the trees required to be retained or trees planted as part of the landscaping plan should die within a period of eighteen (18) months after completion of the activities associated with construction of the site, the owner of the property must replace the trees within six (6) months at a ratio of one to one (1: 1) with an approved tree having a minimum diameter of two inches (2") measured at a point six inches (6") above the natural grade. Shrubbery or other plantings which die within eighteen (18) months of completion of the activities shall be replaced in-kind within six (6) months. (N) Overhead Utility Line Planting Requirements: 1. Location: Overhead utility lines must be located on the landscape plan. In order to allow for maintenance of the lines, if an overhead utility line is located in the rear yard along the property line, the buffer plantings required in the buffer yard shall be installed following guidelines set below. If the overhead utility line is located in the rear yard, but five feet (5') to ten feet (10') from the property line, the screening and buffer yard plantings shall be installed along the property line with City staff approval. 2. Species: The following is a list of plant materials that might be considered for use near overhead utility lines. This list is not all-inclusive. Considerations should be given to soil conditions, drainage, exposure, growth patterns, and local experience when selecting plant materials. Shrubs (maximum of 15 feet in height) Plant under overhead lines Althea (rose-of-Sharon) Barberry Boxwood Burning bush (euonymus alatus) Flowering almond Honeysuckle Ornamental grasses Lilac Potentilla Spireas Viburnums Forsythia Spreading junipers Small Trees (over 15 feet, but under 30 feet in height) Plant at least 15 feet from overhead utility line Amur maple Crabapples Dogwoods Flowering cherries Flowering plums Hawthorns Japanese tree lilac Redbud Serviceberry Weeping mulberry City of Farmington Zoning Regulations Draft - January 8, 2002 page 97 Medium Trees (30-70 feet in height) Plant at least 35 feet from overhead utility line Ash Bald cypress Black gum Goldenrain tree Pears (aristocrat, chanticlear) Lindens Maples (red, Norway) Oaks (sawtooth, English) River birch Spruce Large Trees (over 70 feet in height) Plant at least 45 feet from overhead utility line Basswood Hackberry Kentucky coffeetree London plane tree Gingko Oaks (burr, red, pin) Red pine Tulip poplar White pine Honey locust (0) Landscape Guarantee: 1. Guarantee: All new plantings shall be guaranteed for two (2) full years from the time planting has been completed. Plants not alive at the end of the guarantee period shall be replaced. 2. Surety: Prior to approval of the landscape plan, the applicant shall submit surety acceptable to the City Administrator in the amount of the established costs of complying with the plan. The aforesaid surety shall be provided for guaranteeing completion and compliance with the plan. 3. Completion Or Bond: A certificate of occupancy shall not be issued until either the landscaping is completed or a bond has been filed. (Ord. 099-441, 11-15-1999) 10-6-11 Tree Preservation (A) Intent. It is the intent of the City of Farmington to preserve wooded areas throughout the Citv and with respect to future site development, to retain, as far as practicable. substantial existing tree cover. (8) Credit for the retention of existing trees which are of acceptable species, size and location may be given to satisfY the minimum number requirements set forth in this Chapter. (C) The following restrictions shall apply to all development occurring in wooded areas: 1. Structures shall be located in such a manner that the maximum number of trees shall be preserved. 2. Prior to granting of a final plat, development plan. or building permit, it shall be the duty of the person seeking the permit to demonstrate that there are no feasible or prudent alternatives to the cutting of trees on the site. 3. Forestation, reforestation or landscaping shall utilize a variety of tree species as identified in this Chapter. City of Farmington Zoning Regulations Draft - January 8, 2002 page 98 4. Development including grading and contouring shall take place in such a manner that the root zone aeration stabilitv of existing trees shall not be affected. Trees to be preserved shall be staked as provided in Section 10-6-9(M). Notwithstanding the above. the removal of trees seriously damaged bv storms. or other natural causes, shall not be prohibited. 10-6-M-12 Fences Fences shall be permitted in all yards subject to the following: (A) Residential Fence Heights: In residential districts four foot (4') fences may be located on any lot line except that fences on interior lots may be six feet (6') in height on the side and rear lot lines beginning at the nearest front corner of the principal building. (B) Corner Lots: Fences up to six feet (6') in height may be constructed on the side and rear lot lines behind the nearest front corner of the principal building subject to the following: 1. The front corner of the principal building is defined as beginning at the widest point of the structure's front street facing foundation as determined by its street address. 2. No fence over four feet (4') in height shall be located within the triangle of visibility which is that area within a triangle created by measuring from a point on the curb or edge of the street closest to the center of the intersection, down the front curb lines or edge of the intersecting streets thirty feet (30'), and then connecting these end points with a straight line. 3. When a fence is adiacent to a driveway of a neighboring lot, a 5 feet triangle of visibility or a 5 feet setback along the streetside shall be provided at the intersecting lot lines. (C) Varying Setbacks: Should the fence be located between principal buildings with varying setbacks on adjacent lots, a fence up to six feet (6') in height may not extend beyond the average setback of the two (2) buildings. (D) Variance: A variance is required for fences over six feet (6') and up to eight feet (8') in height when constructed within the buildable areas of lots in residential districts. (E) Commercial And Industrial Districts: Fences located within commercial and industrial districts may be located on any lot line up to a height of eight feet (8') except in the required front yard. (F) Site Plan; Building Permit: A site plan or legal survey with the location of the proposed fence shall be submitted to the Building Inspection Division for approval for all fences over four feet (4') in height. An application for a building permit is required for all fences exceeding six feet (6') in height. (G) Materials: Fences in all districts, except agricultural, shall be constructed of materials widely accepted in the fencing industry. No plywood boards, canvas, plastic sheeting, metal sheeting or similar material shall be used for any fence construction. (H) Maintenance: All fences shall be maintained in good condition and vertical position, and any missing or deteriorated wood slats, pickets, other fencing material, or structural elements shall be replaced in a timely manner with the same quality of material and workmanship. (Ord. 097-395, 6-2-1997) City of Farmington Zoning Regulations Draft - January 8, 2002 page 99 10-6-J..9.13 Display of Vehicles for Sale Vehicles may be advertised for sale from the title holder's property provided that they observe district setback requirements and are displayed on the title holder's private driveway or parking area. Not more than one vehicle may be so displayed. No vehicles may be advertised for sale from public property. (Ord. 091-246,5-20-1991) 10-6~14 Towers Towers are necessary to facilitate and accommodate the communication needs of the residents and businesses of the City, provided they comply with the following minimum guidelines: (A) Minimum Guidelines: 1. Minimize adverse visual effects through the use of careful design and siting standards; 2. Avoid potential damage to adjacent properties from tower failure by adhering to accepted structural standards and setback requirements; and 3. Maximize the use of existing and approved towers and buildings in order to reduce the number of towers needed to serve the community. (B) Districts Allowed: 1. Towers supporting amateur radio antennas and conforming to all applicable provisions of this Code shall be allowed only in the rear yard of residentially zoned parcels. 2. Towers supporting commercial antennas and conforming to all applicable provisions of this Code shall be allowed as a conditional use within the A-I, ,\ 2, C 1, R 1, R 2 and 1-1 Districts. 3. Use of existing towers is encouraged and will be exempt from the conditional use process. Permitting will involve the requirements listed in Title 4, Chapter 4 of this Code. (C) Co-Location Requirement: 1. A proposal for a new personal wireless communication service tower shall not be approved unless it can be documented by the applicant that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-half e/2) mile radius of the proposed tower due to one or more of the following reasons: (a) The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced or modified to accommodate planned equipment at a reasonable cost. (b) The planned equipment would cause interference with other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost. City of Farmington Zoning Regulations Draft - January 8, 2002 page 100 (c) No existing or approved towers or commercial/industrial buildings within a one-half C/2) mile radius meet the radio frequency (RF) design criteria. (d) Existing or approved towers and commercial/industrial buildings within a one-half C/2) mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. (e) The applicant must demonstrate that a good faith effort to co-locate on existing towers and structures within a one-half e/2) mile radius was made, but an agreement could not be reached. 2. Any proposed commercial wireless telecommunications service tower shall be designed in all respects to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred feet (100') in height or for at least one additional user if the tower is over sixty feet (60') in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. (D) Tower Construction Requirements: All towers erected, constructed or located within the City, and all wiring therefor, shall comply with the requirements set forth in Title 4, Chapter 4 of this Code. (E) Tower And Antenna Design Requirements: Towers and antennas shall be designed to blend into the surrounding environment through the use of color except in instances where the color is dictated by Federal or State authorities. (F) Tower Setbacks: 1. Towers shall meet the setback requirements of the zoning district where located to a height of forty five feet (45'). 2. Towers in residential, conservation and agricultural districts will be set back four feet (4') for every foot of height exceeding forty five feet (45'). 3. Towers in industrial districts will be set back two feet (2') for every foot of height exceeding forty five feet (45'). (G) Tower Height: Towers, including all attached antennas, shall be limited to a maximum height of two hundred feet (200'). (H) Tower Lighting: Towers and their antennas shall not be illuminated by artificial means, except for camouflage purposes (designed as a lighted tower for a parking lot or a ballfield) or the illumination is specifically required by the Federal Aviation Administration or other authority. (I) Signs And Advertising: The use of any portion of a tower for signs other than warning or equipment information signs is prohibited. (J) Accessory Utility Buildings: All utility buildings and structures accessory to a tower shall be architecturally designed to blend with the surrounding environment and shall meet the minimum setback requirements of the zoning district in which they are located. Ground'-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the adjoining neighborhood. (K) Abandoned Or Unused Towers Or Portions Of Towers: City of Farmington Zoning Regulations Draft - January 8, 2002 page 101 1. All abandonments or unused towers and associated facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the City Planner. In the event that a tower is not removed within twelve (12) months of the cessation of operations at the site, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property. 2. Unused portions of towers above a manufactured connection shall be removed within six (6) months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit. (L) Antennas Mounted On Roofs, Walls And Existing Towers: The placement of wireless telecommunications antennas on roofs, walls and existing towers may be approved by the City Planner provided the antennas meet the requirements of this Code, after submittal of: 1. A final site and building plan, 2. A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. (M) Interference With Public Safety Telecommunications: All applications for new telecommunications service shall be accompanied by an intermodulation study prepared by a registered professional engineer which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before introduction of new service or changes in existing service, telecommunications providers shall notify the City at least ten (10) calendar days in advance of such changes and allow the City to monitor interference levels during the testing process. (N) Additional Submittal Requirements: 1. A report from a qualified and licensed professional engineer which: (a) Describes the tower height and design with cross-section and elevation; (b) Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation between antennas; (c) Describes the number and type of antennas that can be accommodated; (d) Documents the steps the applicant will take to avoid interference with public safety telecommunications; (e) Includes the engineer's stamp and registration number. 2. A letter of intent committing all commercial wireless telecommunications service towers to allow the shared use of the tower if an additional user agrees, in writing, to meet reasonable terms and conditions for structures. 3. Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration and a report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the aforementioned structural and electrical standards. (Ord. 096-383, 11-18-1996) City of Farmington Zoning Regulations Draft - January 8, 2002 page 102 10-6-2+15 Recycling Facilities Recycling facilities, other than special recycling activity allowed by permit only as described under Section 7-1-3 of this Code, are conditional uses in the 1-1 Light Industrial District subject to the following: (A) The facility must not abut a property planned, used or zoned for residential use. (B) The facility must meet the requirements for screening and landscaping contained in Sections 10-6-13 and 10-6-14 of this Chapter. (C) The facility must provide off-street parking as outlined in the industrial-wholesaling land use category in Section 10-6-8 of this Chapter. (D) The facility must not store recyclable materials outside of a principal building or accessory building. (E) The facility must restrict hours of operation to nine o'clock (9:00) A.M. to seven o'clock (7:00) P.M. if located within five hundred feet (500') of property planned, zoned, or used for residential use. (F) The facility must not be used for dismantling, salvage or storage of junked vehicles. (G) The facility must follow all Municipal, State and Federal regulations. (Ord. 096-382, 10-21-1996) 10-6-1~: SEXUALLY ORIENTED BUSINESSES: (A) Purpose. The purpose of this section is to establish provisions for the opportunity as well as control of sexually oriented businesses within the City of Farmington. (B) General. Sexually oriented businesses as defined in this ordinance shall be subject to the following general provisions. 1. Activities classified as obscene as defined by Minn. Stat. S 617.241 are prohibited. 2. Sexually oriented businesses, either principal or accessory, shall be prohibited from locating in any building which is also used for residential purposes. 3. Sexually oriented businesses, either principal or accessory, shall be prohibited from locating in any building which is also licensed to sell intoxicating liquor, non-intoxicating malt liquor or wme. 4. A sexually oriented business which does not qualify as a sexually oriented business- accessory, shall be classified as a sexually oriented business-principal. (C) Sexually Oriented Business - Principal. 1. Sexually oriented business-principal shall be located at least three hundred (300) feet from County State Aid Highways 31 and 50 as measured in a straight line from the closest point of the property line of the building upon which the sexually oriented business-principal is located, to the right-of-way. City of Farmington Zoning Regulations Draft - January 8, 2002 page 103 2. Sexually oriented business-principal shall be located at least three hundred (300) feet, as measured in a straight line from the closest point of the property line of the building upon which the sexually oriented business-principal is located, to the property line of: (a) Residentially zoned property. (b) Another sexually oriented business-principal. (c) Schools. (d) Churches. (e) Day cares. (t) Public library. (g) Public parks/trails. (h) On/off sale liquor establishments. 3. Sexually oriented business-principal activities, as defined by this ordinance, shall be classified as one use. No two (2) sexually oriented business-principal shall be located in the same building or upon the same property and each business shall be subject to subsections (C)(1) and (2) above. (D) Sexually Oriented Business - Accessorv. 1. Sexually oriented business-accessory shall: (a) Comprise no more than ten percent (10%) of the floor area of the establishment in which it is located; provided that the maximum floor area used for sexually oriented business-accessory may not exceed 1,000 square feet. (b) Comprise no more than twenty percent (20%) of the gross receipts of the entire business operation. (c) Not involve or include any activity except the sale or rental of merchandise. 2. Sexually oriented business-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access: (a) Movie Rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operator. (b) Magazines. Publications classified or qualifying as sexually oriented shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title. City of Farmington Zoning Regulations Draft - January 8, 2002 page 104 3. Sexually oriented business-accessory activities, including sale or display of instruments, devices or paraphernalia which are used or designed for use in connection with specified sexual activities, shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted. I 10-6-17: Wetland Standards WETLAND FUNCTIONS: The natural processes performed by wetlands, including functions that are important in providing wildlife and fishery, habitat, facilitating food chain production, providing habitat for nesting, rearing, and resting sites for aquatic, terrestrial or avian species, maintaining the availability and quality of water, such as purifying water, acting as a recharge and discharge area for ground water aquifers and moderating surface water and storm water flows, improving storm water quality, providing aesthetic benefits, as well as performing other functions, including, but not limited to, those set out in u.s. Army Corps of Engineers regulations at 33 CFR section 320.4 (b)(2)(1988). (NOTE: In the definitions that follow, the methodology and criteria for evaluation of floral diversitylintegrity are based on those detailed in the "Minnesota Routine Assessment Method for Evaluating Wetland Functions (Version 1.0)", Minnesota Board of Water and Soil Resources, September, 1998; and criteria for susceptibility to storm water impacts are based on recommendations in "Storm Water and Wetlands: Planning and Evaluation Guidelines for Addressing Potential Impacts of Urban Storm Water and Snow-Melt Runoff on Wetlands", (Minnesota Pollution Control Agency, June, 1997.) The functional value for floral diversity/integrity determined from MNRAM is based on dividing wetlands into wetland communities (i.e., wet meadow, shallow marsh, flood plain forest, etc.) and providing a ranking, of exceptional quality, high quality, moderate quality and low quality to all major wetland communities within a wetland. The major communities of a wetland also determine storm water susceptibility. "The Storm Water and Wetlands: Planning and Evaluation Guidelines for Addressing Storm Water and Snow-Melt Runoff Impacts to Wetlands", evaluates wetland communities, and places wetland communities into the categories of highly susceptible, moderately susceptible, slightly susceptible, and least susceptible to storm water and snowmelt runoff. The wetland inventory conducted as part of this Chapter placed the wetland communities of the wetlands into the categories for floral diversitylintegrity and storm water and snowmelt susceptibility. A functional value index, which is based on a scale of 0.1 to 1.0 with 0.1 being the lowest ranking and 1.0 being the highest ranking, was provided for each category as shown below. Floral Diversity/Integrity Functional Value Index Exceptional quality 1.0 City of Farmington Zoning Regulations Draft - January 8, 2002 page 105 High quality 0.75 Moderate quality 0.5 Low quality 0.1 Storm Water Susceptibility Functional Value Index Highly susceptible 1.0 Moderately susceptible 0.75 Slightly susceptible 0.5 Least susceptible 0.1 Each wetland was given a ranking based on the functional value for each of the major wetland communities or community within the wetlands. The overall ranking for the wetland is based on a weighted average that incorporates the area of the wetland community (%) and the Functional Value Index (0.0- 1.0) for the wetland community within the wetland. All wetlands located within a park or Greenway Corridor (as shown on the Wetland Management Plan Map) will not have a Wetland Management Classification lower than Manage 2. The overall wetland functional index range for floral diversitylintegrity and storm water susceptibility and the associated wetland management classifications are shown in Table I of this Section. Table 2 of this Section shows how final Wetland Management Classifications were determined for an example wetland. TABLE 1. Overall wetland functional index range for floral diversity/integrity and storm water susceptibility and the associated wetland management classification. Floral Diversity/Integrity And Storm Water Susceptibility Functional Wetland Management Index (Range) Classification 1.0 - 0.60 Protect 0.59 - 0.5 Manage I 0.49 - 0.3 Manage 2 Less than 0.3 Utilize TABLE 2. Example showing, how final wetland management classifications were determined. Stonn Storm Water Water ~.'O Communitv * City of Farmington Zoning Regulations Draft - January 8, 2002 page 106 Suscepti- Suseepti- Storm Water bility 0/0 bility Index Suseepti- Wetland ID Community Community bility Value A V-W7.2 Deep marsh Slightly 0.3 0.5 0.15 A V-W7.2 Shallow Moderately 0.6 0.75 0.45 marsh AV-W7.2 Reed canary Least 0.1 0.1 0.1 monotype Total: 0.61 % Community * Floral Floral Diversity/ Floral Diversity/ Integrity Value Diversity/ % Integrity Wetland ID Community Integrity Community Index AV-W7.2 Deep marsh Moderate 0.3 0.75 0.225 AV-W7.2 Shallow Moderate 0.6 0.75 0.45 marsh AV-W7.2 Reed canary Low 0.1 0.10 0.1 monotype Total: 0.685 Storm water susceptibility has a functional index of 0.61 and floral diversitylintegrity has a functional index of 0.685. They fall within the range of protect (see Table I of this Section). WETLANDS, MANAGE I: These wetlands have plant communities that are in a largely unaltered state. The vegetative communities of these wetlands are characterized by moderate floral diversion and are slightly to moderately susceptible to storm water and snowmelt impacts. WETLANDS, MANAGE 2: These wetlands have usually been altered by human activities. These wetlands have low to medium floral diversity and wildlife habitat components. These wetlands are slightly susceptible to impacts from storm water. In addition, if a wetland has characteristics of a utilized basin but is located within a park or greenway corridor (as shown on the Wetland and Waterbody Classification Map) it was put in this management classification. WETLANDS, PROTECT: These wetlands exist in a largely unaltered state and have special and unusual qualities that call for a high level of protection. These wetlands may provide habitat for rare, threatened and/or endangered plant and animal species present; and/or have moderate to exceptional floral diversity/integrity and moderate to high susceptibility to storm water and snowmelt; and/or are within the designated trout-stream corridor identified on the City's Wetland and Waterbody Classification Map. WETLANDS, UTILIZE: These wetlands have been significantly altered and degraded through past disturbances. They may be isolated, with altered hydrology from urban or agricultural land uses. These wetlands have low floraLdiversity, and for the most part are not connected to other ecosystems. These wetlands are the least susceptible to impacts from storm water. (Ord. 099-433, 6-7-1999) City of Farmington Zoning Regulations Draft - January 8, 2002 page 107 (A) GENERAL PROVISIONS: 1. This Chapter shall apply to any applicant for a subdivision approval, or a grading, excavation, or mining permit to allow wetland disturbing, activities after June 7, 1999. No subdivision approval, or grading, permit to allow wetland disturbing activities shall be issued until approval of the wetland replacement plan application or a certificate of exemption has been obtained in strict conformance with the provisions of this Chapter and the Minnesota Wetland Conservation Act. This Chapter applies to all land, public or private, located within the City. 2. When any provision of any ordinance conflicts with this Chapter, that which provides more protection to the wetland or wetland buffer shall apply unless specifically provided otherwise in this Chapter; provided, such exceptions shall not conflict with state regulations, such as the State Shoreland Program. 3. This Chapter shall apply to all land containing wetlands and land within the setback and buffer areas required by this Chapter. Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable Federal, State, and City ordinances and regulations. These wetland protection regulations shall not be construed to allow anything, otherwise prohibited in the zoning district where the wetland area is located. 4. A wetland is land that meets the definition of "wetlands" set forth in this Chapter. Wetlands have been identified and the Wetland Management Classification as established by the officially adopted City maps shall be prima facie evidence of the location and classification of a wetlands. The official maps shall be developed and maintained by the Community Development Department. The presence or absence of a wetland on the official maps does not represent a definitive determination as to whether a jurisdictional wetland is or is not present. Wetlands that are identified during site specific delineation activities but do not appear on the official wetland maps are still subject to the provisions of this Chapter. It will be the responsibility of an applicant to delineate the exact wetland boundary. All delineations must be reviewed by the Dakota County Soil and Water Conservation District. The Dakota County Soil and Water Conservation District will make recommendations to the City. The City Council has delegated delineation review authority to its staff. The City will classify wetlands based on the criteria discussed under Section 10-9-3 of this Chapter. The applicant shall get final delineation approval from the City. 5. Applicants seeking a change in wetland classification must submit to the City a completed MNRAM Version 1.0 form. The Technical Evaluation Panel will review the request for chance. The Technical Evaluation Panel will make a recommendation to the City regarding the change in classification. 6. This subdivision is applicable to wetlands that are determined to be Jurisdictional Wetlands, based on delineation procedures of the Wetland Conservation Act. 7. This subdivision establishes four (4) wetland classifications as defined in Section 10-9-3 of this Chapter: Protect, Manage 1, Manage 2, and Utilize. (Ord. 099-433, 6-7-1999) (B) GENERAL STANDARDS: City of Farmington Zoning Regulations Draft - January 8, 2002 page J08 1. The following standards apply to all lands within and/or abutting a wetland: a) Septic and soil absorption systems must be setback a minimum of one hundred feet (100') from the City approved boundary of the wetland. b) Building elevation standards shall conform with the standards of the Farmington Surface Water Management Plan. c) Structures intended to provide access across a wetland shall be prohibited unless a permit is obtained in conformance with State regulations. d) The MPCA's best management practices shall be followed to avoid erosIOn and sedimentation during construction processes. (Ord. 099-433, 6-7-1999) (C) NO NET LOSS AND WETLAND ALTERATION: 1. It is the intent of this Chapter to avoid the alteration and destruction of wetlands. When wetlands or their buffer areas are altered or destroyed, mitigation must be provided to recreate the functions and values of the lost wetland and/or buffer area. To achieve no net loss of wetlands except as authorized by a wetland alteration permit issued by the City, a person may not drain, grade, fill, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetlands permitted by a wetland alteration permit, must be fully mitigated so that there is no net loss of wetlands. 2. Where it is found that avoidance of direct impact on a wetland is not feasible, wetland replacement shall be done as per agency (Corps of Engineers, Department of Natural Resources), and City (WCA) standards. Replacement wetlands shall be located within the City, if feasible; if a suitable location is not available preference shall be given to areas within the major watershed where the alteration is occurring. If no location is available within the watershed area, a replacement location should be found within Dakota County. 3. Drainage, grading, filling, removal of healthy native vegetation or otherwise altering or destroying a wetland of any size or type requires a wetland alteration permit. Other activities in a wetland requiring a wetland alteration permit include, but are not limited to: a) Construction of new streets and utilities. b) Installation of boardwalks. 4. When a wetland alteration permit is issued allowing filling in a wetland, the following standards shall be followed: a) Filling must be consistent with the Farmington Surface Water Management Plan. b) Filling in wetland areas will be required to be mitigated in accordance with the requirements of this Chapter and the Wetland Conservation Act. 5. When a wetland alteration permit is issued allowing dredging, excavating or grading in a wetlands the following standards shall be followed: City of Farmington Zoning Regulations Draft - January 8, 2002 page 109 a) The dredging will not have a net adverse effect on the ecological and hydrological characteristics of the wetland. b) It shall be located as to minimize the impact on vegetation. Exceptions may be allowed in basins dominated by invasive exotic species such as reed canary grass (Phalaris arundinacea ). c) It shall not adversely change water flow. d) The size of the dredged area shall be limited to the minimum required for the proposed action. e) Disposal of the dredged material is prohibited within the wetland area unless it is part of an approved wetland replacement plan. t) Disposal of any dredged material shall include proper erosIOn control and nutrient retention measures. g) Dredging in any wetland area is prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the City that the wetland is not used for waterfowl breeding or fish spawning. h) Dredging in wetland areas will be required to be mitigated in accordance with requirements of this Chapter if the activity results in a loss of functional wetland. Dredging to create water quality improvement basins may be allowed by the City where reasonable alternatives are not available or where the wetland is of low quality and designated for this purpose by the Farmington Surface Water Management Plan. 6. When a wetland alteration permit is issued allowing storm water runoff to discharge directly into a wetland, the permit will include requirements established by the Farmington Surface Water Management Plan. These requirements establish a maximum high water level bounce and allowable phosphorus loadings based on the City's wetland classification system. 7. An applicant for a wetland alteration permit shall adhere to the following principles m descending order of priority: a) Avoid the direct or indirect impact of the activity that may destroy or diminish the wetland. b) Minimize the impact by limiting the decree or magnitude of the wetland activity and its implementation. c) Rectify the impact by repairing, rehabilitating, or restoring the affected wetland function and its implementation. d) Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the activity; and e) Replacing unavoidable impacts to the wetlands by restoring or creating substitute wetland areas having, equal or greater public value as set forth in Minnesota Rules 8420.0530 to 8420.0630. City of Farmington Zoning Regulations Draft - January 8, 2002 page 110 8. A wetland alteration permit shall not be issued unless the proposed development complies, within the provisions of the mitigation section of this Chapter, as well as the standards, intent, and purpose of this Chapter. (Ord. 099-433, 6-7-1999) (D) WETLAND BUFFER AREAS: L For lots of record created after June 7,1999 (date of ordinance adoption), a buffer area shall be maintained abutting all wetlands. Buffer area vegetation shall be established and maintained in accordance to the following requirements: (see illustration filed in the office of the City Clerk). 2. Buffer area vegetation shall be considered adequate when the buffer has a continuous, dense layer of perennial grasses, flowers, trees and/or shrubs that have been undisturbed for at least ten (10) consecutive years. Vegetation shall be considered unacceptable if: a) It is composed of noxious weeds; or b) Topography or sparse vegetation tends to channelize the flow of surface water; or c) For some other reason the vegetation is unlikely to retain nutrients and sediment. 3. Where buffer areas, or a portion thereof, are not vegetated or have been cultivated or otherwise disturbed within ten (10) years of the permit application, such areas shall be replanted and maintained according to each of the following standards: a) Buffer areas shall be planted with a seed mix containing one hundred percent (100%) perennial native plant species, except for a one-time planting of annual nurse or cover crop such as oats or rye. b) The seed mix to be used shall consist of at least fifteen (15) pounds pure live seed (PLS) per acre of native grass seed and one pound PLS per acre of native forbs. Native grass and native forb mixes shall contain no fewer than four (4) and five (5) species respectively. c) The annual nurse or cover crop shall be applied at a rate of twenty (20) pounds per acre. d) Native shrubs may be substituted for forbs. Such shrubs may be bare-root stock and shall be planted at a rate of sixty (60) plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. e) Buffer area plantings along the Vermillion River corridor or other areas of buffer area plantings along trout stream habitat shall follow planting guidelines included in the Farmington Surface Water Management Plan. (Approved tree species are listed on Figure 4-5 in the Farmington Surface Water Management Plan filed in the office of the City Clerk. ) t) Native grasses and forbs shall be planted by a qualified contractor by using a drill designed for native grass seeding or by broadcasting or hydroseeding at Minnesota Department of Transportation rates (1995 MNDOT Standard Specifications for Construction). City of Farmington Zoning Regulations Draft - January 8, 2002 page 111 g) No fertilizer shall be used in establishing new buffer areas. h) All seeded areas shall be mulched immediately with clean straw at a rate of 1.5 tons per acre. Mulch shall be anchored with a disk or tackifier. i) Buffer areas (both natural and created) shall be protected by erosion control measures as determined by the City. These must be employed during construction until permanent ground cover is established to prevent siltation of the buffer area and wetland. j) A walking trail may be established within a wetland buffer area. The trail should be constructed to minimize erosion. An undisturbed area of vegetative buffer at least ten feet (10') in width should remain between the trail and the wetland edge. (See illustration 10-9-7(C)10 filed in the office of the City Clerk.) k) Applicants may obtain from the City a set of standard seeding and planting specifications for buffer areas, which meet all the City requirements. 3. Buffer areas shall be identified by permanent monumentation acceptable to the City. In residential subdivisions, a monument is required for each lot. In other situations, a monument is required for each three hundred feet (300') of wetland edge. 4. The clearing and removal of vegetation in the buffer area is prohibited, except for selective clearing and pruning, of individual trees and shrubs which are dead, diseased, noxious weeds, or hazards. 5. Where acceptable to adjacent properties, owners are encouraged to leave dead trees and branches in the buffer area, because they are part of the native natural environment and provide necessary habitat to many birds and native wildlife. 6. All buffer areas are measured from the wetland edge as marked in the field. (Ord. 099-433, 6-7-1999) 7. The following buffer area sizes are minimum requirements: Wetland Type: A v~rage buffer width Protect Manage 1 Manage 2 Utilize 75 feet 50 feet 25 feet 0 feet 100 feet "protect" wetlands in the designated trout stream corridor 75 feet 30 feet 20 feet 0 feet 10 feet 10 feet 10 feet 0 feet Minimum buffer Structure setback from outer edge of buffer (Ord. 000-450, 3-20-2000) 10. Any wetland restored, relocated, replaced or enhanced because of wetland alterations should have at least the minimum buffer area required for the class of the wetland involved. 11. (J) The City may recommend buffer area averaging in instances where it will provide resource protection to wetland or to valuable adjacent upland habitat, or allow for reasonable use of property as described in Section 10-9-4 of this Chapter, provided that the total buffer area on-site contained in the buffer remains the same. City of Farmington Zoning Regulations Draft - January 8, 2002 page 112 12. (K) For roadways, trails, and driveways, or portions thereof, that are routed across wetlands and are subject to WCA replacement requirements, no buffer areas shall be required. Public trails that are routed through wetlands for specific interpretive purposes shall also be exempted from this requirement. (See illustration 10-9- 7L filed in the office of the City Clerk. ) 13. (L) If the area of the buffer has a preconstruction slope of twelve percent (12%) or greater, the buffer shall be at the maximum width for the applicant's wetland classification. The use of a meandering buffer area to maintain a natural appearance is encouraged but not required in areas of flat topography. (Ord. 099-433, 6-7-1999) (E) WETLAND AND BUFFER AREA MITIGATION: Where wetland alteration is approved and mitigation is required, mitigation must result in equal or improved wetland function and value. Mitigation plans must address water quality improvement, and maintenance of preexisting hydrological balance and wildlife habitat. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat. Mitigation will be performed at ratios required by the Wetland Conservation Act to achieve replacement of the wetland function and value. (F) The following criteria shall be required for wetland or buffer area mitigation. 1. Wetland mitigation will be performed at a ratio required by the Wetland Conservation Act. Buffers will be required to be replaced on the fill slope. When a wetland is completely filled, the buffer area requirement associated with the classification of the wetland that was filled will be required for the replacement wetlands unless replacement is occurring adjacent to a wetland with a higher classification. In this case, the buffer area requirement for the higher wetland classification will apply. 2. Mitigation should always result in equal or improved wetland function and value. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat. 3. Mitigation shall provide a buffer area as set forth in this Chapter. 4. Mitigation shall maintain or enhance the wetland hydrological balance through the following: ( a) Restoration of partially drained wetlands. (b) Creation of new wetlands. (c) Restoration of buffer area functions. 5. Mitigation shall provide for pretreatment of water prior to entry to the wetland to improve water quality if required by the Farmington Surface Water Management Plan. 6. Mitigation involving the buffer area shall provide landscaping for nesting, and food for wildlife habitat. The buffer area landscape shall provide for wildlife cover and utilize a diversity of native flora (i.e., trees, shrubs, grasses, herbaceous plants) to encourage wildlife diversity. City of Farmington Zoning Regulations Draft - January 8, 2002 page 113 7. Wetland and buffer area mitigation should be undertaken on site. If this is not feasible, mitigation should occur locally within the subwatershed. If this is not possible, mitigation should occur outside the subwatershed, elsewhere in the City. If mitigation cannot be accomplished on site, or if the City deems it necessary to perform mitigation off-site, the applicant shall be responsible for contributing into the City's Wetland Restoration Fund (described in the Farmington Surface Water Management Plan). The contribution will be based on the City's cost to create the new wetland. This includes, but is not limited to, the cost of land, design, engineering, legal, and construction activities needed to create the new wetland. The mitigation performed off-site shall meet the requirements of this Chapter. 8. Wetland and buffer area plantings that are completed for mitigation shall meet the standards for plantings specified in Section 10-9-7 of this Chapter. (Ord. 099-433, 6-7-1999) 10-6-189 Manufactured Homes Manufactured homes may be located in any R-3 District with an approved Conditional Use Permit under the following conditions: (A) Platted: Development in which the entire parcel is to be divided into platted lots to be sold individually shall conform to all requirements for subdivisions as set forth in Title 11 of this Code. (B) Unplatted: Development in which sites will be made available for rent shall conform to the PUD Chapter of this Zoning Code 1 . Installation: Approval of manufactured housing developments shall be based upon anchoring and support systems defined and approved by the Minnesota Department of Administration, Building Code Division, rules of manufactured housing support and tie-down systems authorized by MSA sections 327.31 and 327.34. (Ord. 086-177, 3-17-1986) 10-6-19 Industrial Park Design Standards (C) Building Material And Design: 1. Exterior Walls: Exterior walls of buildings to be constructed shall consist of one or more of the following materials and shall receive prior approval of the City: (a) Brick: Size, type, texture, color and placement shall be approved. (b) Stone: Stone shall have a weathered face or shall be polished, fluted or broken face. (c) Concrete Masonry Block: Concrete masonry block shall be those generally described as "Customized Architectural Concrete Masonry Units" or shall be broken faced brick-type units with marble aggregate. All concrete masonry units shall be coated with a City-approved coating. There shall be no exposed concrete block on the exterior of any building unless approved by the City. City of Farmington Zoning Regulations Draft - January 8, 2002 page 114 (d) Concrete: Concrete may be poured in place, tilt-up or precast; and shall be finished in stone, textured or coated, with a minimum life expectancy of ten (10) years. 2. Alternate Materials: Alternate exterior surface materials of preengineered metal may be substituted in an amount not to exceed six percent (6%) of the exterior wall surface area of each building if the following conditions apply: (a) Used for housing or screening equipment necessary to the manufacturing operations; (b) Architecturally compatible with the building as a whole as determined by the City Planning Division; (c) Compliance with any additional screening and/or landscaping requirements of the City; and (d) Modifications are made with prior written approval of the City Planning Division. 3. Alterations To Buildings: Any alterations to buildings shall meet all requirements of this Chapter. 4. Canopies: Canopies with visible wall hangers shall not be permitted. Design of canopies shall be in keeping with the design of the building and shall be approved by the City prior to construction or alteration. 5. Roof-Mounted Equipment: All rooftop equipment shall be set back a minimum of twenty feet (20') from the edge of the roof and shall be screened. Screening shall consist of either a parapet wall along the roof edge or an opaque screen constructed of the same material as the building's primary vertical exposed exterior finish. Equipment shall be painted a neutral color. The site plan shall indicate all mechanical rooftop equipment and shall include elevations. 6. Loading Docks: Loading aoeks sHall not be permitted along the street side of a bHilding. The design of the loading docks shall be incorporated into the overall design theme of the building and constructed of materials equal to or the same as the principal building. The loading dock areas shall be landscaped and/or screened so that the visual and acoustic impacts of their function is fully contained and out of view of adjacent properties and public streets. The required width for a landscaped yard along a local collector/industial or local street is ten (10) feet. The architectural design shall be continuous and uninterrupted by ladders, towers, fences, and equipment. Businesses that abut County Highway 50 and/or County Highway 31 shall not construct loading docks that front these roadways. 7. Trash Containers: Trash containers or trash compactors shall not be located within twenty feet (20') of any street, sidewalk or internal pedestrian way and shall be screened by a six foot (6') masonry wall on three (3) sides ofthe trash unit. 8. Coverage: Unless otherwise approved by the City, the ratio of building square footage and parking area shall not exceed sixty five percent (65%) of the total square footage of any building site within the affected property. (D) Utilities: All buildings and structures shall be served by underground utility distribution facilities. The installation of such utilities shall not change the grade or contour of the City-approved grading plan for the site. (E) Building Setbacks: No building or other structure shall be erected within fifty feet (50') of the front property line; or twenty five feet (25') of the side and rear property lines. If two (2) or more lots are developed as one site, the interior common lot line shall be ignored. City of Farmington Zoning Regulations Draft - January 8, 2002 page 115 (F) Parking Areas: 1. Surfacing: Prior to issuance of a certificate of occupancy, all parking areas, driveways and loading areas shall be surfaced with asphalt or concrete pavement following the City's Engineering Standard Plates. In the event said surfacing cannot be completed due to weather or seasonal restrictions, a temporary certificate of occupancy may be issued contingent upon the extension of the security or letter of credit required under subsection 1O-6-4&(A~ of this Chapter. All parking lots located in the front of buildings or adjacent to street rights of way shall be curbed. 2. Off-Street Parking Spaces Required: Off-street parking shall be provided to serve each site. The minimum number of parking spaces shall be the greater of: (a) One space for every six hundred (600) square feet of industrial space; and One space for every two hundred (200) square feet of office space; and One space for each two thousand (2,000) square feet of storage area or (b) One space per projected employee per shift. 3. Screening: All parking areas shall be screened as required in subsection (G) of this Section. 4. Location: Parking shall not be permitted within thirty five feet (35') ten feet (10') of the front property line (those facing any dedicated street), or within ten feet (10') of any side or rear property line unless otherwise approved by the City. (G) Landscaping: All open spaces shall be dustproofed, surfaced, landscaped, rockscaped or devoted to lawns. Not less than two-thirds e13) of the required building setback area from any dedicated street shall be landscaped with lawns, trees, shrubs and walkways of a design approved by the City Planning Division. Landscaping shall be installed within ninety (90) days of occupancy or substantial completion of building, whichever occurs first, weather permitting. The following landscape standards shall apply to all proposed projects within the overlay zones: 1. Street Trees: Street trees shall be planted at one canopy tree per forty feet (40') of street frontage. 2. Perimeter Parking Lots: One tree and three (3) shrubs per forty feet (40') of parking lot perimeter frontage. Plants are to be installed within ten feet (10') of the parking lot frontage area. 3. Interior Parking Lots: One planting island per twenty (20) parking spaces. One tree and three (3) shrubs are required within each planting island. The planting island shall be curbed with concrete. 4. Buffer Area: When the industrial district is adjacent to a residential district, a twenty five foot (25') buffer is required and shall include a six foot (6') high wooden fence and landscaping to screen the adjacent property. (H) Screening: City of Farmington Zoning Regulations Draft - January 8, 2002 page 11 6 1. Storage Areas: Without prior approval of the City, no outside storage areas shall be allowed nor shall any articles, goods, materials, incinerators, storage tanks, refuse containers or like equipment be kept in the open or exposed to public view or view from adjacent buildings. If outside storage is given City approval, all materials and/or containers and equipment shall be screened from view. Required screening shall include: a) a six (6) to eight foot (8') high opaque wooden fence and landscaping; b) landscaping and berms; or c) a combination of both to fully screen the outdoor storage. 2. Structure: No accessory structures (including, but not limited to, water towers, storage tanks, processing equipment, cooling towers) or outside equipment shall be constructed, erected or placed on the affected property without prior approval of the City. If such approval is granted, such structures shall be screened from public view and the view of adjacent buildings in a manner approved by the City Planning Division. (I) Signs: All signs shall be of a design and material approved by the City Planning Division. Unless otherwise approved, wall signs must be attached to the building, and be parallel to and contiguous with its walls and not proiecting above its roofline. No sign of a flashing or moving character shall be installed and no sign shall be painted on any building wall. Pole signs will not be allowed. Advertising billboards are not allowed within the overlay zone. (General guidelines for signage - available through the City Planner. ) (J) Maintenance: 1. Owners and occupants of any or all of a site have the duty and responsibility, at their sole cost and expense, to keep the site, including buildings, improvements and grounds, well maintained, safe, clean and aesthetically pleasing. Such maintenance includes, but is not limited to, the following: (a) Prompt removal of all litter, trash, refuse and wastes. (b) Provide such care as required to maintain all vegetation in a healthy and aesthetically pleasing appearance. (c) Maintain exterior lighting and mechanical facilities in good working order. (d) Maintain parking areas, driveways and roads in good repair. (e) Prompt repair of any exterior damage to any buildings and improvements. 10-6-20 SPRUCE STREET COMMERCIAL DESIGN STANDARDS (A) Site Development Standards (in addition to minimum Performance Standards that may be applicable ): 1. All storage and displays shall be enclosed within the principal building. 2. Off-street parking areas should be designed and located to minimize their impacts on adiacent development, street and pedestrian corridors. Parkin~ areas shall not be located within the required minimum front (primary or secondary) yard setback of any lot. Parking lot landscaping is required per this ChaPter. 3. Sidewalks shall be provided on along both sides of all streets and access roads. City of Farmington Zoning Regulations Draft - January 8, 2002 page 117 4. Internal pedestrian walkways must be provided from perimeter sidewalks to building entrances. Benches and seating areas shall be provided along sidewalks near building entrances, corners, plazas, and other public spaces. Bicycle racks shall be provided near building entrances. 5. All yards adjacent to street frontages shall be landscaped. 6. Screening of service yards, refuse, and waste-removal areas, loading docks, truck parking areas and other areas which tend to be unsightly shall be accomplished by use of walls, fencing, dense planting, or any combination of these elements. Screening shall block views from public right-of-way and shall be equally effective in winter and summer. Chain link and slatted fencing are prohibited. 7. Exterior lighting shall enhance the building design and adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be arranged and focused so that minimal light falls on adjacent property and no light shines directly at or into any adjacent building. Excessive brightness and glare shall be avoided. 8. Buildings along C.S.A.H. 50 and Pilot Knob shall be exempt from highway building setbacks as provided for in this Code. 9. Signage - A signag eplan shall be required per the requirements of this Chapter. (B) Architectural Standards: 1. Any building face and yard that abuts C.S.A.H. 50, Spruce Street, or Pilot Knob shall be considered a front and have a higher degree of aesthetic treatment. 2. Maior exterior surfaces of all walls shall be face brick, stone, glass, stucco, architecturally treated concrete, cast in place or pre-cast panels, decorative block, or approved equivalent, as determined by the city. The following may not be used in any visible exterior application except when specifically permitted by the city in areas with limited public view: exposed Cement ("cinder") blocks; fabricated metal or pole construction structures, including sheds. warehouses, and industrial buildings constructed either on or off-site of corrugated metal panels; exterior brick that is painted over; experimental materials with no proven record of durability or ease of maintenance in the intended application. 3. Windows shall be provided on walls that are adjacent to public or private right-of-ways, parking lots, and sidewalks. 4. Awnings/canopies shall be provided over all windows and along the frontage of all building entrances. 5. Wall faces shall be designed in a human scale to avoid the monotony ofa blank facade. Techniques to promote this scale include the use color, building materials, wall coves, and architectural details. 6. Buildings shall be designed with public entrances along public and private streets and parking areas. City of Farmington Zoning Regulations Draft - January 8, 2002 page 118 7. Architectural style shall not be restricted. Evaluation of the appearance ofa project shall be based on the quality of its design and on its relationship to its surroundings, guided by the provisions of this section. Site characteristics to be evaluated for this purpose include building and plant materials, colors, textures, shapes, massing, rhythms of building components and details, height, roof-line and setback. 8. Mechanical equipment. satellite dishes, and other utility hardware, whether located on the roof or exterior of the building or on the ground adjacent to it, shall be screened from the public view and with materials identical to or strongly similar to building materials or by heavy landscaping that will be effective in winter or they shall be located so as not to be visible from any public way. In no case shall wooden fencing be used as a rooftop equipment screen. 10-6-21 BUSINESS PARK DESIGN STANDARDS (A) Site Development Standards: 1. All storage and displays shall be enclosed within the principal building. 2. Parking areas should be designed and located to minimize their impacts on adjacent development, street and pedestrian corridors. Parking areas shall not be located within the required minimum front (primary or secondary) yard setback of any lot. Parking lot landscaping is require per this Chapter. 3. Sidewalks shall be provided on along all streets and access roads. 4. Internal pedestrian walkways must be provided from perimeter sidewalks to building entrances. 5. All yards adjacent to street frontages shall be landscaped. 6. Screening of service yards, refuse, and waste-removal areas, loading docks, truck parking areas and other areas which tend to be unsightly shall be accomplished by use of walls, fencing, dense planting, or anv combination of these elements. Screening shall block views from public right-of-way and shall be equally effective in winter and summer. 7. Exterior lighting shall enhance the building design and adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be arranged and focused so that minimal light falls on adjacent property and no light shines directly at or into any adjacent building. Excessive brightness and glare shall be avoided. 8. Signage - A signage plan shall be required per the requirements of this Chapter. (8) Architectural Standards: 1. Any building face and yard that abuts C.S.A.H. 50, Spruce Street, or Pilot Knob shall be considered a front and have a higher degree of aesthetic treatment. 2. Major exterior surfaces of all walls shall be face brick, stone, glass, stucco, architecturally treated concrete, cast in place or pre-cast panels, decorative block, or approved equivalent, as determined by the city. The following may not be used in any visible exterior application except when specifically permitted by the city in areas with limited public view: exposed Cement ("cinder") blocks; fabricate City of Farmington Zoning Regulations Draft - January 8, 2002 page 119 metal or pole construction structures, including mobile homes, sheds, warehouses, and industrial buildings constructed either on or off-site of corrugated metal panels; exterior brick that is painted over; experimental materials with no proven record of durabilitv or ease of maintenance in the intended application. 3. Architectural style shall not be restricted. Evaluation of the appearance of a project shall be based on the quality of its design and on its relationship to its surroundings, guided by the provisions of this section. Site characteristics to be evaluated for this purpose include building and plant materials, colors, textures, shapes, massing, rhythms of building components and details, height, roof-line and setback. 4. Mechanical equipment, satellite dishes, and other utility hardware, whether located on the roof or exterior of the building or on the ground adjacent to it, shall be screened from the public view and with materials identical to or strongly similar to building materials or bv heavy landscaping that will be effective in winter or they shall be located so as not to be visible from any public way. In no case shall wooden fencing be used as a rooftop equipment screen. 10-6-22 SITE PLAN REVIEW (A) Purpose. The purpose of this section is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this Chapter. (B) Exceptions to Review. The following shall be excepted from the foregoing requirements: a. Agricultural developments. b. Single familv detached dwellings. c. Two family attached dwellings. (0 Sketch Plan. a. Prior to the formulation of a site plan. applicants shall present a sketch plan to the Zoning Officer prior to filing of a formal application. The plan shall be conceptual but shall be drawn to scale with topography of a contour interval not greater than two (2) feet and may include the following: 1. The proposed site with reference to existing development on adjacent properties, at least to within two hundred (200) feet. 2. General location of proposed structures. 3. Tentative street arrangements, both public and private. 4. Amenities to be provided such as recreational areas, open space, walkways, etc. 5. General location of parking areas. 6. Proposed public sanitary sewer, water and storm drainage. 7. A statement showing the proposed density of the project with the method of calculating said density also shown. City of Farmington Zoning Regulations Draft - January 8, 2002 page 120 b. The Zoning Officer shall have the authority to refer the sketch plan to the Planning Commission and/or City Council for discussion, review, and informal comment. Any opinions or comments provided to the applicant by the Zoning Officer, Planning Commission, and/or City Council shall be considered advisory only and shall not constitute a binding decision on the request. (D) Minor Projects. a. indicated. The following shall be considered minor proiects and subiect to review procedures as 1. No site plan review required. Building proiects that comprise less than 10% building footprint expansion (up to 500 square feet) and/or 25% increase in the assessed value of the structure as determined by the Dakota County Assessor. 2. Administrative Review. Building proiects that comprise a 10 - 30% building footPrint expansion and/or 25 - 50% increase in the assessed value of the structure as determined by the Dakota County Assessor. b. Procedure: Administrative approval of eligible site plans shall be subiect to the following procedural requirements: 1. Plan review will be in accordance with established procedures including the coordinated review by other City departments and divisions as determined by the Zoning Officer. 2. Site plans involving properties within approved planned unit developments shall be subiect to applicable evaluation criteria in this Chapter. 3. Any maior variance proposal will automatically require the entire application to be processed in accordance with the Planning Commission review and City Council approval provisions of Section IV, Subd. 3-9 of this Ordinance. 4. Administrative approval including all applicable conditions and requirements shall be made in writing by the Zoning Officer. The applicant, in addition to all other applicable requirements, shall submit a written acknowledgment of that approval prior to the commencement of any development and prior to the issuance of any permits. 5. Any unresolved dispute as to administrative interpretation of City Code, ordinance, or policy requirements may be formally appealed pursuant to this Chapter. 6. Site plans involving conditionally permitted uses are subiect to the review requirements found in Section IV, Subd. 10 of this Ordinance. c. Certification of Taxes Paid. Prior to approving an application for a minor proiect. the applicant shall provide certification to the City that there are no delinquent propertv taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the minor proiect application relates. (E) Major Projects. A Maior Proiect is defined as one or both of the following and subiect to review as prescribed in this Section: City of Farmington Zoning Regulations Draft - January 8, 2002 page 121 1. Construction of new structures that mayor may not be in conjunction with site improvements on redevelopment site or vacant undeveloped lands, and/or; 2. Building projects that comprise more than a 30% building footprint expansion and/or 50% increase in the assessed value of the structure as determined by the Dakota County Assessor. a. Procedures. Pursuant to Minnesota Statutes 15.99, an application for site plan approval shall be approved or denied within sixty (60) days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision-making period an additional sixty (60) days unless this limitation is waived by the applicant. b. Site Plan Review requirements: 1. Certificate of Survey. 2. Request for site plan approval. as provided within this Chapter, shall be filed with the Zoning Officer on an official application form. Such application shall be accompanied by a fee as provided for in the City Code. Such application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the Zoning Officer, fully explaining the proposed change, development, or use and a list of property owners within three hundred fifty (350) feet of the subject property in a format prescribed by the Zoning Officer. The request shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements. 3. Proof of Ownership or Authorization. The applicant shall supplv proof of ownership of the property for which the site plan approval is requested or supply written authorization from the owner(s) of the property in question to proceed with the requested site plan approval. 4. The Zoning Officer shall coordinate the review of the site plan, and provide general assistance in preparing a recommendation on the action to the Planning Commission. 5. The Plannin~ Commission and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony at the expense of the applicant concerning operational factors. Said information is to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent sections of this Chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request. 6. The applicant or a representative thereof may appear before the Planning Commission in order to present information and answer questions concerning the proposed request. 7. The Planning Commission shall recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this Chapter. City of Farmington Zoning Regulations Draft - January 8, 2002 page 122 8. The applicant or a representative thereof may appear before the Planning Commission in order to present information and answer questions concerning the proposed request. 9. Approval of the site plan shall require passage by a maiority vote of the Planning Commission. c. Certification of Taxes Paid. Prior to approving an application for a major project the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest or City utility fees due upon the parcel of land to which the major project application relates. (F) Evaluation Criteria. The Planning Commission shall evaluate the effects of the proposed site plans. This review shall be based upon compliance with the City Comprehensive Plan, the Zoning Ordinance and other City Codes and Policies. (G) Information Requirement. The information required for all site plan applications generally consists of the following items, and shall be submitted when requested and specified by the Zoning Officer. a. Site Plan. 1. Certificate of Survey. 2. Name and address of developer/owner. 3. Name and address of architect/designer. 4. Date of plan preparation. 5. Dates and description of all revisions. 6. Name of project or development. 7. Scale of plan (engineering scale only, at one (1) inch equals fifty (50) feet or less). 8. North point indication. 9. Lot dimension and area. 10. Required and proposed setbacks. 11. Location, setback and dimension of all buildings on the lot including both existing and proposed structures. 12. Location of all adjacent buildings located within one hundred (100) feet of the exterior boundaries of the property in question. 13. Location, number, dimensions, and type of surfacing material of existing and proposed parking spaces. City of Farmington Zoning Regulations Draft - January 8, 2002 page 123 14. Location, number, dimensions, and type of surfacing material of existing and proposed loading spaces. 15. Curb cuts, driveways. 16. Type of surfacing material 17. Vehicular circulation. 18. Sidewalks, walkways. 19. Location and type of all proposed lighting. 20. Location of recreational and service areas. 21. Location of rooftop equipment and proposed screening. 22. Provisions for storage and disposal of waste, garbage, and recyclables. 23. Location, sizing, and type of water and sewer system mains, fire hydrants closest to the property and proposed service connections. b. Grading/Storm Water Drainage Plan. 1. Existing contours at two (2) foot intervals. 2. Proposed grade elevations, two (2) foot maximum intervals. 3. Drainage plan including configuration of drainage areas and calculations. 4. Storm sewer, catch basins, invert elevations, type of castings, and type of materials. 5. Spot elevations. 6. Proposed driveway grades. 7. Surface water ponding and treatment areas. 8. Erosion control measures. 9. Calculation of total square footage of site to be covered with impervious surfaces. c. Landscape Plan. 1. Planting Schedule (table) containing: (a) Symbols. (b) Quantities. (c) Common names. (d) Botanical names. (e) Sizes of plant material. (f) Root specification (bare root, balled and burlapped, potted, etc.) City of Farmington Zoning Regulations Draft - January 8, 2002 page 124 d. (g) Special planting instructions. 2. Location, type and size of all existing significant trees to be removed or preserved. 3. Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone). 4. Typical sections in details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like. 5. Typical sections of landscape islands and planter beds with identification of materials used. 6. Details of planting beds and foundation plantings. 7. Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques. 8. Delineation of both sodded and seeded areas with respective areas in square feet. 9. Coverage plan for underground irrigation system, if any. 10. Where landscape or man-made materials are used to provide screening from adiacent and neighboring properties, a cross-throu?:h section shall be provided showing the perspective of the site from the neighboring property at the property line elevation. 11. Other existing or proposed conditions which could be expected to affect landscaping. Other Plans and Information. (May be required by the Zoning Officer) 1. Legal description of property under consideration. 2. Proof of ownership of the land for which a site plan approval has been requested. 3. Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces). 4. "Typical" floor plan and "typical" room plan. 5. Fire Protection Plan. 6. Extent of and any proposed modifications to land within the Wetland, Shoreland or Floodplain District as described and regulated in this Chapter. 7. Wetland delineation and report 8. Type, location and size (area and height) of all signs to be erected upon the property in question. 9. Certification that all property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the application relates have been paid. page 125 City of Farmington Zoning Regulations Draft - January 8, 2002 10. Solid waste removal plan. (H) Lapse of Approval. a. Unless otherwise specified by the Zoning Officer or Planning Commission as may be applicable, the site plan approval shall become null and void one (1) year after the date of approval. unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section. b. An application to extend the approval of a site plan for UP to an additional one (1) year shall be submitted to the Zoning Officer not less than thirty (30) days before the expiration of said approval. Such an application shall state the facts of the request, showing a ~ood faith attempt to utilize the site plan approval. and it shall state the additional time being requested to begin the proposed construction. The request shall be heard and decided by the Zoning Officer prior to the lapse of approval of the original request. After two (2) years have expired without substantially commencing construction, the site plan shall become null and void and no further extensions can be granted. The site plan review process must be reinitiated for projects that have exceeded two years. c. In making its determination on whether an applicant has made a good faith attempt to utilize the site plan approval. the Zoning Officer or the Planning Commission. as applicable, shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay. Subd. 9. Site Improvement Performance A2reement and Financial Guarantee Following the approval of the site plan required by this Ordinance and before issuance of a building permit, the applicant, as required by the City, shall guarantee to the City the completion of all private exterior amenities as shown on the approved site plan and as required by the site plan approval. This guarantee shall be made bv means of a site improvement performance agreement and a financial guarantee as provided below: 1. The aplJlicant shall execute the site improvement performance agreement on forms provided by the City. The agreement shall be aPlJroved as to form and content by the City Attorney and shall define the required work and project completion schedule and reflect the terms of this Section as to the required guarantee for the performance of the work by the applicant. 2. The required work includes, but is not limited to, private exterior amenities such as landscaping, private drivewavs. parking areas, recreational fields structures or buildings, drainage systems, water quality ponds, wetland mitigation, wetland buffers, erosion control. curbing, fences and screening, and other similar facilities. The required work shall also include all aspects of a tree preservation plan and reforestation plan, if applicable. 3. A financial guarantee shall be submitted with the executed site performance agreement as provided herein: City of Farmington Zoning Regulations Draft - January 8, 2002 page 126 (a) financial guarantees acceptable to the City include cash escrow: an Irrevocable Letter of Credit; or other financial instruments which provide equivalent assurance to the City and which are approved by the Zoning Officer. (b) The term of the financial guarantee shall be for the life of the site improvement performance agreement, and it shall be the responsibility of the applicant to insure that a submitted financial guarantee shall continue in full force and effect until the Zoning Officer shall have approved and accepted all of the work undertaken to be done and shall thereby have released the ~arantee or reduced the amount of the guarantee as provided in this Section. (c) When any instrument submitted as a financial guarantee contains provision for an automatic expiration date, after which the instrument may not be drawn upon, the expiration date shall be November 15. Further, it shall be the responsibility of the applicant to notify the City in writing, by certified mail. at least sixty (60) days in advance of the expiration date of the intention to renew the instrument or to not renew the instrument. If the instrument is to be renewed, a written notice of extension shall be provided thirty (30) days prior to the expiration date: if the instrument is not to be renewed, and has not been released by the Zoning Officer, another acceptable financial guarantee in the appropriate amount shall be submitted at least thirty (30) days prior to the expiration. The term of any extension shall be approved by the Zoning Officer. Upon receipt of an acceptable substitute financial guarantee, the Zoning Officer may release the original guarantee. (d) The amount of the financial guarantee shall be established bv the Zoning Officer based upon an itemized estimate of the cost of all required work. A cash deposit or Irrevocable Letter of Credit shall be in the amount of one hundred twenty-five (125) percent of the approved estimated cost. The amount of anv other approved financial instrument shall be determined by the Zoning Officer. (e) The applicant may submit a separate financial guarantee for that portion of the required work consisting solely of landscaping improvements with another financial guarantee for all other exterior amenities and improvements which comprise the work. (f) The time allowed for completion of the required improvements shall be set out in the site improvement performance agreement. The agreement and the financial guarantee shall provide for forfeiture to the City to cure a default or reimburse the City the cost of enforcement measures. As various portions of such required work are completed by the applicant and approved by the City, the Zoning Officer may release such portion of the financial guarantee as is attributable to such completed work. Landscaping materials shall have a 2 year ~arantee provided to the City. (g) The applicant shall notifY the City in writing when all or a portion of the required improvements have been completed in accordance with the approved plan and may be inspected. Upon receipt of such notice, the Zoning Officer shall be responsible for the inspection of the improvements to determine that the useful life of all work performed meets the average standards for the particular industry, profession, or material used in the performance of the work. Any required work City of Farmington Zoning Regulations Draft - January 8, 2002 page 127 failing to meet such standards shall not be deemed to be complete and the applicant shall be notified in writing as to required corrections. Upon determination that the work has been completed, including the winter season survivability of all landscape improvements, a notice of the date of actual completion shall be given to the applicant and appropriate action, to release or to reduce the amount of the financial guarantee shall be taken bv the Zoning Officer. (I) Minnesota State BuildiDl! Code. The review and approval of site improvements pursuant to the requirements of City adopted building and fire codes shall be in addition to the site plan review process established under this section. The site plan approval process does not imply compliance with the requirements of these building and fire codes. (J) Plan A2reements. All site and construction plans officially submitted to the City shall be treated as a formal agreement between the building contractor and the City. Once approved, no changes, modifications or alterations shall be made to any plan detail. standard, or specifications without prior submission of a plan modification request to the Zoning Officer for review and approval. Significant changes as deemed by the Zoning Officer may be subiect to Planning Commission review and approval. (K) Enforcement. The Zoning Officer shall have the authority to order the stopping of any and all site improvement activities, when and where a violation of the provisions of this section has been officially documented by the Building Official. City of Farmington Zoning Regulations Draft - January 8, 2002 page 128 CHAPTER 1 GENERAL SUBDIVISION PROVISIONS SECTION: 11-1-1: Short Title 11-1-2: Purpose 11-1-3: Approvals Necessary for Recording 11-1-4: Building Permits 11-1-5: Waiver of Platting 11-1-6: Defmitions 11-1-1: SHORT TITLE: This Title shall be known as the "Subdivision Ordinance of the City of Farmington", and will be referred to herein as "this Title". 11-1-2: PURPOSE: It is the purpose of this Title to establish minimum regulations and requirements for the platting of land within the City pursuant to the authority contained in Minnesota Statutes Annotated, in order to guide the design of new subdivisions in a manner consistent with the Farmington Comprehensive Plan. 11-1-3: APPROVALS NECESSARY FOR RECORDING: Before any plat shall be of validity, it shall be referred to the City Planning Commission and ap- proved by the City Council as having fulfilled the requirements of this Title. Subdivision plats shall be entitled to record in the Dakota County Recorder's office only after the plat has been prepared, approved and acknowledged as prescribed by this Title. 11-1-4: BUILDING PERMITS: Building permits shall not be considered for issuance by the City for the construction of any building, structure or improvement to the land or to any lot in a subdivision as defined herein, until all requirements of this Title have been met. 11-1-5: WAIVER OF PLATTING: The following land divisions are exempt from the provisions of this Title: (A) A subdivider of a single parcel of land into no more than two (2) parcels may request a waiver of the formal plat review process. City of Farmington Subdivision Regulations Draft - January 8, 2002 page 1 (B) The request shall be submitted on a form provided by the City and shall be accompanied by a registered survey which shall include a key map of the quarter quarter section where it is located showing all other parcels. (C) The waiver may be granted by the Zoning Officer if both of the following requirements are met: 1. The property is part of a recorded plat or both parcels created by the subdivision are situated outside of the urban service area as identified in the Farmington Comprehensive Plan. 2. The lots meet the minimum lot requirements of the Zoning Ordinance. (D) If, in the opinion of the Zoning Officer, the proposed subdivision of property would adversely affect the future orderly development of the property or adjacent property, or if it lies within the urban service area, the waiver may be forwarded to the City Council for its consideration. The Council shall waive the platting requirements unless it determines the proposed subdivision would adversely affect the orderly development of the property or adjacent property. (E) The subdivision requested must be effected and filed with the Dakota County Recorder and proof of filing furnished to the City within sixty (60) days from the date of approval or the waiver is null and void. 11-1-6: DEFINITIONS: For the purpose of this Title, certain words and terms are hereby defined as set forth in this Section. ALLEY: A public or private right of way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street. APPLICANT: The owner of land proposed for inclusion in a development including the holder of an option or contract to purchase. BASE LOT: A lot meeting all the specifications within its zoning district prior to being divided into a two-family or quadraminimum subdivision. BLOCK: An area of land within a subdivision that is entirely bounded by streets, or by streets and the entire boundary or boundaries of the subdivision, or a combination of the above with a river or lake. BOULEVARD: The portion of the street right of way between the curb line and the property line. BUILDING: Any structure or part thereof, affixed to the land. COMPREHENSIVE PLAN: The Farmington Comprehensive Plan and all maps, charts and explanatory materials adopted by the Farmington City Council. DESIGN STANDARDS: The specifications to landowners or subdividers for the preparation of plats, indicating the optimum, minimum or maximum dimensions of such items as rights of way, blocks, easements and lots. City of Farmington Subdivision Regulations Draft - January 8, 2002 page 2 I EASEMENT: A grant by a property owner to the use of a strip of land by the public, a corporation, or persons for specific purpose. FINAL PLAT: A drawing or map of a subdivision, meeting all of the requirements of the City and in such form as required by Dakota County for the purpose of recording. LOT: A portion of a subdivision, or other parcel of land intended as a unit for transfer of ownership or for development. In determining the size of a lot, no part of a right of way, street, crosswalk or easement, other than utility, may be included. OUT LOT: A lot remnant or parcel of land left over after platting, which is intended as open space or other use, for which no development is intended and for which no building permit shall be issued. PARKS and PLAYGROUNDS: Public land and open spaces in the City dedicated or reserved for recreation purposes. PERCENT AGE OF GRADE: The distance vertically from the horizontal in feet and tenths of a foot for each one hundred feet (100') of horizontal distance. PEDESTRIAN WAY: A public right of way or private easement across a block or within a block to provide access for pedestrians and which may be used for the installation of utility lines. PLANNING COMMISSION: The Planning Commission of the City. PRELIMINARY PLAT: A tentative drawing or map of a proposed subdivision meeting the requirements herein enumerated. PROTECTIVE COVENANTS: Contracts made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of any given area. PUBLIC IMPROVEMENT: Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement or other facility for which the City may ultimately assume the responsibility for maintenance and operation. SETBACK: The distance between a building and the property line nearest thereto. STREET: A public right of way affording primary access by pedestrians or vehicles or both, to abutting properties. STREET WIDTH: The shortest distance between lines of lots delineating the streets rights of way. STREETS, THOROUGHFARES, ARTERIAL STREETS: Those streets carrying larger volumes of traffic and serving as links between various subareas of the community. Thoroughfares or arterial streets are intended to provide for collection and distribution of traffic between highways and collector streets; hence, regulation of direct access to property is critical. City of Farmington Subdivision Regulations Draft - January 8, 2002 page 3 STREETS, COLLECTOR STREETS: Those streets which carry traffic from local streets to the major system of arterials and highways. Collector streets primarily provide principal access to residential neighborhoods, including, to a lesser degree, direct land access. STREETS, Those streets which are used primarily for access to LOCAL STREETS: abutting properties and for local traffic movement. STREETS, MARGINAL ACCESS STREETS: Those local streets which are parallel and adjacent to thoroughfares and highways; and which provide access to abutting properties and protection from through traffic. STREETS, CUL-DE-SAC: A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. SUBDIVIDER: Any individual, firm, association, syndicate, copartnership, corporation, trust or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this Title. SUBDIVISION: The separation of an area, parcel or tract of land under single ownership into two (2) or more parcels, tracts, lots or long term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads or alleys as well as public sewers and water lines for residential, commercial, industrial or other use or any combination thereof, except where all the resulting parcels, tracts, lots or interests will be twenty (20) acres or larger in size and five hundred feet (500') in width for residential uses and five (5) acres or larger in size and three hundred feet (300') in width for commercial and industrial uses. (Ord. 087-189,4-20-1987) City of Farmington Subdivision Regulations Draft - January 8, 2002 page 4 CHAPTER 2 PROCEDURES FOR FILING AND REVIEW SECTION: 11-2-1: CchcID.::tticSketch Plan 11-2-2: Preliminary Plat 11-2-3: Final Plat 11-2-4: Premature Subdivisions 11-2-1: SCHEM......TICSKETCH PLAN: In order to ensure that all applicants are informed of the requirements and minimum standards of this Title and the requirements or limitations imposed by other City ordinances or plans, prior to the development of a preliminary plat, all applicants shall present a OChCffi.::t ticSketch plan to the City Planning Division prior to filing a preliminary plat. The Planning Coordinator will review the proposal with the Development Committee~ City staff, and the Planning Commission. The o ChCffi.::tt icSketch plan will be made available for review to the Parks and Recreation Commission, Water Board, and Housing and Redevelopment Authority for review and comment. The process allows the developer to receive feedback on the plat prior to the expense of preparing a detailed plan on projects that may require substantial revision before formal approval is given. (Ord. 097-396, 6-16-1997) 11-2-2: PRELIMINARY PLAT: (A) Filing: Fifteen (15) copies of the preliminary plat, five (5) copies of support documents, and a list of property owners located within three hundred fifty feet (350') of the subject property obtained from and certified by an abstract company, shall be submitted to the Planning Division. The required filing fee, as established by City Council resolution, shall be paid and any necessary applications for variances from the provisions of this Title shall be submitted with the required fee. The proposed plat shall be referred to specific individuals on staff and other public jurisdictions where appropriate with instructions to report any commentary within fifteen (15) days to the Planning Division. The plan shall be considered as being officially submitted when all information requirements are met. Significant engineering and planning issues shall be addressed before the preliminary plat is considered at the Planning Commission level and sent to the City Council. (B) Hearing: The Planning Coordinator shall set a public hearing for review ofthe preliminary plat. The Planning Commission shall conduct a public hearing. Notice of the hearing shall consist of a legal property description, and description of request, and shall be published at least ten (10) days prior to the hearing. Written notification shall be City of Farmington Subdivision Regulations Draft - January 8, 2002 page 5 I mailed at least ten (10) days prior to the hearing to all owners within three hundred fifty feet (350') ofthe boundary survey of the property in question. (C) Planning Commission Review: The Planning Commission shall review the preliminary plat at the public hearing after adequate time has been allowed for staff and advisory body review of the preliminary plat. The Planning Commission shall report its findings and recommendations to the City Council after the public hearing but no later than seventy (70) days following delivery of an application completed in compliance with this Title by the applicant to the City. The Planning Commission shall not act on the preliminary plat until all information is submitted and all issues are addressed and resolved. The City Council shall have fifty (50) days to act upon the findings and recommendations of the Planning Commission. (Ord. 097-396, 6-16-1997) (D) City Council Action: 1. The Council shall approve or disapprove the preliminary plat within one hundred twenty (120) days following delivery of a completed application in compliance with this Title unless an extension of the review period has been agreed to by the applicant and may impose conditions and restrictions which are deemed appropriate. 2. If the preliminary plat is not approved by the City Council, the reasons for such actions shall be recorded in the proceedings of the Council. 3. If the preliminary plat is approved by the City Council, the subdivider must submit the final plat within one hundred (100) d.::tyo( 1 ) year after said approval or .::tppro'v'.::tl of as approved by the City Council if the preliminary plat is approved for multiple development phases. Unless specifically approved by the City Council. the preliminary plat shall be consideredvo i d, void after one (1) yearunless a request for time extension is submitted in writing and approved by the City Council. (E) Applicant Option: An applicant may apply to process the preliminary and final plat together as approved by the City. (Ord. 087-189,4-20-1987) 11-2-3: FINAL PLAT: (A) Filing: After the preliminary plat has been approved, the final plat shall be submitted for review as set forth in the subsections which follow. The City may agree to review the preliminary and final plats simultaneously. (B) Approval Of The City Council: After review of the final plat by the Planning Commission, such final plat, together with the recommendations of the Planning Commission, shall be submitted to the City Council. If accepted, the final plat shall be approved by resolution, which resolution shall provide for the acceptance of all agreements for improvements, public dedication and other requirements as indicated by the City Council. If disapproved, the grounds for any refusal to approve a plat shall be set City of Farmington Subdivision Regulations Draft - January 8, 2002 page 6 forth in the proceedings of the Council and reported to the person or persons applying for such approval. (C) Special Assessments: When any existing special assessments which have been levied against the property described shall be divided and allocated to the respective lots in the proposed plat, the City Administrator shall estimate the clerical cost of preparing a revised assessment roll, filing the same with the County Auditor, and making such division and allocation, and upon approval by the Council of such cost, the same shall be paid to the City before the final plat approval. (Ord. 087-189,4-20-1987) (D) Street Addresses: With submission of the final plat, ten (10) copies of the plat map showing all addresses correctly labeled in conformance with all applicable Dakota County and City ordinances and policies shall be supplied to the Planning Coordinator for subsequent distribution to the utility companies and local school districts. (Ord. 097-396,6-16-1997) (E) Recording Final Plat: If the final plat is approved by the City Council, the subdivider shall record it with the Dakota County Recorder within :; CJcn t y f i'v'c ( 75 ) €tays-six (6) months after said approval or approval of the final plat shall be considered void, unless a request for time extension is submitted in writing and approved by the City Council. The subdivider shall, immediately upon recordin?, furnish the City Clerk with a full sized and an eight and one-half inch by eleven inch (8 12" x 11 ") reduced reproducible tracing ofthe final plat showing evidence ofthe recording. No building permits shall be let for construction of any structure on any lot in said plat until the City has received evidence of the plat being recorded by Dakota County. (Ord. 087-189, 4-20-1987) 11-2-4: PREMATURE SUBDIVISIONS: Any preliminary plat of a proposed subdivision deemed premature for development shall be denied by the City Council. (A) Conditions Establishing Premature Subdivisions: A subdivision shall be deemed premature should any of the conditions set forth below exist: 1. With the exception of subdivisions described in Section 11-1-5 of this Title, any subdivision located outside of the urban service limits established by the Farmington Comprehensive Plan shall be considered to be premature. 2. Lack Of Adequate Drainage: A condition of inadequate drainage shall be deemed to exist if: (a) Surface or subsurface water retention and runoff is such that it constitutes a danger to the structural security of the proposed structures. City of Farmington Subdivision Regulations Draft - January 8, 2002 page 7 (b) The proposed subdivision will cause pollution of water sources or damage from erosion and siltation on downhill or downstream land. (c) The proposed site grading and development will cause harmful and irreparable damage from erosion and siltation on downhill or downstream land. (d) Factors to be considered in making these determinations may include: average rainfall for the area; the relation of the land to flood plains; the nature of soils and subsoils and their ability to adequately support surface water runoff and waste disposal systems; the slope of the land and its effect on effluents; the presence of streams as related to effluent disposal. (Ord. 087-189,4-20-1987) City of Farmington Subdivision Regulations Draft - January 8, 2002 page 8 I CHAPTER 3 PLAT AND DATA REQUIREMENTS SECTION: 11-3-1: Sketch Plan 11-3-2: Preliminary Plat 11-3-3: Final Plat 11-3-4: Address Map 11-3-5: Certification Required 11-3-1: SKETCH PLAN: Sketch plans shall contain, at a minimum, the following information: (A) Plat boundary. (B) North arrow. (C) Scale. (D) Street layout on and adjacent to plat. (E) Designation of land use and current or proposed zoning. (F) Significant topographical or physical features. (G) General lot locations and layout. 11-3-2: PRELIMINARY PLAT: The subdivider shall prepare and submit a preliminary plat, together with any necessary supplementary information. The preliminary plat shall contain the information set forth in the subsections which follow: (A) General Requirements: 1. Proposed name of subdivision; names shall not duplicate or too closely resemble names of existing subdivisions. 2. Location of boundary lines in relation to a known section, quarter section or quarter-quarter section lines comprising a legal description of the property. City of Farmington Subdivision Regulations Draft - January 8, 2002 page 9 3. Names and addresses of all persons having property interest, the developer, designer and surveyor together with his registration number. 4. Graphic scale of plat, not less than one inch to one hundred feet (1" = 100'). 5. Date and narrow arrow. (B) Existing Conditions: 1. Boundary line and total acreage of proposed plat, clearly indicated. 2. Existing zoning classifications for land within and abutting the subdivision. 3. Location, widths and names of all existing or previously platted streets or other public ways, showing type, width and condition of improvements, if any, railroad and utility rights of way, parks and other public open spaces, permanent buildings and structures, easements and section and corporate lines within the tract and to a distance of three hundred fifty feet (350') beyond the tract. 4. Location and size of existing sewers, water mains, culverts or other underground facilities within the tract and to a distance of one hundred feet (100'), beyond the tract. Such data as grades, invert elevations and locations of catch basins, manholes and hydrants shall also be shown. 5. Boundary lines of adjoining unsubdivided or subdivided land, within three hundred fifty feet (350'), identified by name and ownership, including all contiguous land owned or controlled by the subdivider. 6. Topographic data, including contours at vertical intervals of not more than two feet (2'). Watercourses, wetlands, rock outcrops, power transmission poles and lines, and other significant features shall also be shown. (C) Proposed Design Features: 1. Layout of proposed streets showing the right of way widths, center line gradients, typical cross sections, and proposed names of streets in conformance with City and County street identification policies. The name of any street heretofore used in the City or its environs shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used. 2. Locations and widths of proposed alleys and pedestrian ways. 3. Locations and size of proposed sewer lines and water mains. 4. Location, dimension and purpose of all easements. City of Farmington Subdivision Regulations Draft - January 8, 2002 page 10 I 5. Layout, numbers, lot areas and preliminary dimensions of lots and blocks. 6. Minimum front, side and rear building setback lines. 7. When lots are located on a curve, the width of the lot at the building setback line. 8. Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres. 9. Water Supply: Water mains shall be provided to serve the subdivision by extension of an existing community system. Service connections shall be stubbed into the property line and all necessary fire hydrants shall also be provided. Extensions of the public water supply system shall be designed so as to provide public water in accordance with the standards of the City. 10. Sewage Disposal, Public: Sanitary sewer mains and service connections shall be installed in accordance with the standards of the City. (D) Supplementary Information: It is the responsibility of the developer to provide any information as deemed necessary by the City as indicated but not limited to the following: 1. Any or all of the supplementary information requirements set forth in this subsection shall be submitted when deemed necessary by the City staff, consultants, advisory bodies and/or City Council. 2. Proposed protective covenants. 3. An accurate soil survey ofthe subdivision prepared by a qualified person. 4. A survey prepared by a qualified person identifying tree coverage in the proposed subdivision in terms of type, weakness, maturity, potential hazard, infestation, vigor, density and spacing. 5. Statement of the proposed use oflots stating type of buildings with number of proposed dwelling units or type of business or industry, so as to reveal the effect of the development on traffic, fire hazards and congestion of population. 6. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown. Such proposed zoning plan shall be for information only and shall not vest any rights in the applicant. 7. Provisions for surface water disposal, ponding, drainage and flood control. 8. Where the subdivider owns property, or has vested interest in, adjacent to that which being proposed for the subdivision, it shall be required that the subdivider submit a City of Farmington Subdivision Regulations Draft - January 8, 2002 page 11 sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and the future subdivision. In any event, all subdivisions shall be required to relate well with existing or potential adjacent subdivisions. 9. Where structures are to be placed on large or excessively deep lots which are subject to potential replat, the preliminary plat shall indicate a logical way in which the lots could possibly be resubdivided in the future. 10. A plan for soil erosion and sediment control both during construction and after development has been completed. The plan shall include gradients of waterways, design of velocity and erosion control measures, design of sediment control measures, and landscaping of the erosion and sediment control system. 11. A vegetation preservation and protection plan that shows those trees proposed to be removed, those to remain, the types and locations of trees and other vegetation that are to be planted. 12. Other information including but not limited to traffic studies and tree inventory /preservation. 11-3-3: FINAL PLAT: The owner or subdivider shall submit a final plat together with any necessary supplementary information. The final plat, prepared for recording purposes, shall be prepared in accordance with provisions of Minnesota State Statutes and Dakota County regulations, and such final plat shall contain the following information: (A) Name of the subdivision, which shall not duplicate or too closely approximate the name of any existing subdivision. (B) Location by section, township, range, County and State, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must mathematically close. (C) The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles and distances to such reference points or monuments. (D) Location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground shall be shown. Dimensions shall be shown from all angle points of curve to lot lines. City of Farmington Subdivision Regulations Draft - January 8, 2002 page 12 (E) Lots shall be numbered clearly. Blocks are to be numbered, with numbers shown clearly in the center ofthe block. (F) The exact locations, widths and names of all streets to be dedicated. (G) Location and width of all easements to be dedicated. (H) Name and address of surveyor making the plat. (I) Scale of plat (the scale to be shown graphically on a bar scale), date and north arrow. (J) Statement dedicating all easements as follows: "Easements for installation and maintenance of utilities and drainage facilities are reserved over, under and along the strips marked 'utility easements "'. (K) Statement dedicating all streets, alleys and other public areas not previously dedicated as follows: "Streets, alleys and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated". (Ord. 087-189, 4-20-1987) 11-3-4: ADDRESS MAP: The address map shall be prepared by the City in accordance with City and County policy and shall include all addresses oflots as platted. (Ord. 087-189,4-20-1987) 11-3-5: CERTIFICATION REQUIRED: (A) Certification by registered surveyor in the form required by section 505.03, MSA, as amended. (B) Execution of all owners of any interest in the land any holders of a mortgage thereon of the certificates required by section 505.03, MSA, as amended, and which certificate shall include a dedication of the utility easements and other public areas in such form as approved by the City Council. (C) Space for certificates of approval and review to be filled in by the signatures of the chairman of the City Planning Commission and the Mayor and City Clerk. The form of certificate by the Planning Commission is as follows: Reviewed by the Planning Commission of the City of Farmington this _ day of . ..J.1)~. Signed: Chtli.--mtll'l The form of approval of the City Council is as follows: City of Farmington Subdivision Regulations Draft - January 8, 2002 page 13 I We do hereby certify that on the _ day of ,20---, the City Council of Farmington, Minnesota, approved this plat. Signed: Mayor Clerk (Ord.087-189,4-20-1987) City of Farmington Subdivision Regulations Draft - January 8, 2002 page 14 I CHAPTER 4 DESIGN STANDARDS SECTION: 11-4--1: Blocks 11-4--2: Lots 11-4--3: Streets And Alleys 11-4--4: Easements 11-4--5: Erosion Control And Turf Establishment 11-4--6: Water Distribution 11-4-- 7: Storm Drainage 11-4--8: Protected Areas 11-4--9: Parkland And Trail Dedication Requirements 11-4-10: Minimum Design Features !2R! 11-4-1: BLOCKS: (A) Block Length: In general, intersecting streets, determining block lengths, shall be provided at such intervals so as to serve cross traffic adequately and to meet existing streets. Where not existing plats control, the blocks in residential subdivisions should not exceed one thousand two hundred feet (1,200') nor be less than four hundrcd fcct ( 400 I ) three hundred sixty (360) feet in length, except where topography or other conditions justify a departure. (B) Block Width: The width of the block shall normally be sufficient to allow two (2) tiers of lots of appropriate depth. Blocks intended for business or industrial use shall be of such width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries. (Ord. 087-189,4-20-1987) 11-4-2: LOTS: (A) Area: The minimum lot area, width and depth shall not be less than that established by the City Zoning Ordinance in effect at the time of adoption of the final plat. Any lot created on land exceeding twelve percent (12%) in slope shall be at least ten percent (10%) larger than the minimums outlined. (B) Comer Lots: Comer lots for residential use shall h.:l.'v'c .:l.ddi tion.:l.l 'vJidthbe platted 20 feet wider than typical interior lots to permit appropriate building setback from both streets as required in the Zoning Ordinance. (C) Side Lot Lines: Side lines oflots shall be approximately at right angles to street lines or radial to curved street lines. City of Farmington Subdivision Regulations Draft - January 8, 2002 page 15 (D) Frontage: Every lot must have the minimum frontage on a City approved street other than an alley, as required in the City Zoning Ordinance. (E) Setback Lines: Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by the City Zoning Ordinance, as may be amended. (F) Features: In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic spots or similar conditions which, if preserved, will add attractiveness and stability to the proposed development. (0) Lot Remnants: All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels. (Ord. 087-189,4-20-1987) (H) Frontage On Two Streets: Double frontage, or lots with frontage on two (2) parallel streets shall not be permitted except where lots back on collector and arterial streets or highways, or where topographic or other conditions render subdividing otherwise unreasonable. Such double frontage lots shall have an additional depth of at least twenty feet (20') in order to allow space for berms and/or screen planting along the back lot line. The landscaping shall include a variety oftree species and plantings as approved by the Planning Commission in a manner so as to provide adequate separation between the highway and adjoining land use. The materials used shall be identified on the required drawing submitted as the landscape plan for the plat. (Ord. 092-264,4-6-1992) (1) Back- To-Back Lots: Rear lot owners of back- to-back lots shall coincide or be separated by at least ten feet (10'). (Ord. 087-189, 4-20-1987) (1) Buildable Lots. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Zoning Ordinances and in providing driveway access to buildings on the lots from an approved street. (K) Drainage. Lots shall be laid out so as to provide positive drainage away from the buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adiacent lots. (L) No cut trees, timber, debris, earth, rocks, stones, soil. iunk. rubbish. or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of issuance of certificate of occupancy. and removal of those items and materials shall be required prior to the issuance of any certificate of occupancy on a subdivision. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time of expiration of any subdivision improvement agreement or dedication of public improvements, whichever is sooner. City of Farmington Subdivision Regulations Draft - January 8, 2002 page 16 I 11-4-3: STREETS AND ALLEYS: (A) Streets, Continuous: Except for cul-de-sacs, streets shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. (B) Local Streets And Dead-End Streets: Local streets should be so planned as to discourage their use by nonlocal traffic. Dead-end streets are prohibited, but cul-de-sacs shall be permitted where topography or other physical conditions justify their use. Cul-de-sacs shall not be longer than ~six hundred feet (500 I ) I (600'), including a terminal turnaround which shall be provided at the closed end, with a right-of-way radius of not less than sixty feet (60'). The lots in cul-de-sacs shall be arranged in a manner which anticipates snow removal. (C) Street Plans For Future Subdivisions: Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider. (D) Temporary Cul-De-Sac: In those instances where a street is terminated pending future extension in conjunction with future subdivision, a temporary turnaround facility shall be provided at the closed end, in conformance with cul-de-sac requirements. (E) Provisions For Resubdivision Of Large Lots And Parcels: When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision. (F) Street Intersections: Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. Under normal conditions, the minimum angle of intersection of streets shall be eighty degrees (800). Street intersection jogs with an offset of less than two hundred fifty feet (250') shall be avoided. (Ord. 087-189,4-20-1987) (G) Access To Arterial And Collector Streets: Where a proposed subdivision is adjacent to a limited access highway arterial or collector street, there shall be no direct vehicular or pedestrian access from individual lots to such highways or streets. To the extent feasible, access to minor arterial and major collector streets shall be at intervals of not less than one thousand feet (1,000') and through existing and established crossroads. Access to minor arterial and major collector streets shall be at intervals of not less than City of Farmington Subdivision Regulations Draft - January 8, 2002 page 17 six hundred sixty feet (660') involving right turn movements only when medians have been installed. (Ord. 092-267,4-20-1992) (H) Sidewalks and Trails: In those cases where the City Council deems it appropriate, sidewalks of not less than four feet (4') five feet (5') in width shall be provided. Where a proposed plat abuts or includes an arterial street, sidewalks of not less than four feet (4') five feet (5') in width on both sides ofthe paved surface shall be provided. Where the proposed plat abuts or includes a collector street, sidewalks of not less than four feet (4,') five feet (5') in width shall be required on one side ofthe street. In all cases where sidewalks are built, provisions shall be made for handicapped access. Trails as shown in the Comprehensive Plan shall be provided at not less than 8 feet in width. (1) Service Access, Alleys: Service access shall be provided in commercial and industrial districts for off-street loading, unloading and parking consistent with and adequate for the uses proposed. Except where justified by special conditions, such as the continuation of an existing alley in the same block, alleys will not be approved in residential districts. Alleys, where provided, shall not be less than thirty feet (30') wide. Dead-end alleys shall be avoided wherever possible, but if unavoidable, such dead-end alleys may be approved if adequate turnaround facilities are provided at the closed end. (J) Half Streets: Dedication of half streets shall not be considered for approval except where it is essential to the reasonable development of the subdivision and in conformity with the other requirements of these regulations or where it is found that it will be practical to require the dedication of the other half when the adjoining property is subdivided. (K) Compliance With The Dakota County Thoroughfare Plan: All subdivisions incorporating streets which are identified in the Dakota County Thoroughfare Plan, as amended, shall comply with the minimum right of way, surfaced width and design standards as outlined in said Plan. (L) Street Grades: Except when, upon the recommendation of the City Engineer, the topography warrants a greater maximum, the grades in all streets, thoroughfares, collector streets, local streets and alleys in any subdivision shall not be greater than ten percent (10%). In addition, there shall be a minimum grade on all streets and thoroughfares of not less than five-tenths percent (0.5%). (M) Curb Radius: The minimum curb radii for thoroughfares, collector streets, local streets and alleys shall be as follows: Arterial streets, collector and local streets Alley 10 feet 4 feet (N) Reverse Curves: Minimum design standards for collector and arterial streets shall comply with Minnesota State Aid Standards. City ofF arming/on Subdivision Regulations Draft - January 8, 2002 page 18 (0) Reserve Strips: Reserve strips controlling access to streets shall be prohibited. (P) Street Right-Of-Way and Pavement Width: Street right-of-way and pavement widths shall conform with the following standards: '^1rterial street 100 feet Minor Arterial Collector street Minor Collector Local street Private street (Ord. 087-189,4-20-1987) ROW Width 100 - 150 feet 80 feet 70 feet 60 feet 44 feet Pavement Width 52 feet 38 feet 28, 32 feet 22,24 feet 11-4-4: EASEMENTS: (A) Width And Location: An easement for utilities at least ten feet (10') wide shall be provided along all lot lines. If necessary for the extension of water main or sewer lines or similar utilities, easements of greater width may be required along lot lines or across lots. (B) Continuous Utility Easement Locations: Utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the City Council after a public hearing. (C) Guy Wires: Additional easements for pole guys should be provided, where appropriate, at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall along side lot lines. (Ord. 087-189, 4-20-1987) CD) No structures are allowed within a property line drainage easement with the exception offences installed on the property line. No plant material/impervious surface is allowed to encroach within the easement that will negatively affect the drainage within the easement or inhibit the access to the easement. 11-4-5: EROSION CONTROL AND TURF ESTABLISHMENT: (A) Developers and builders are required to follow the erosion and sediment control program. The program outlines minimum steps that will be required on building sites where bare soil is exposed. Due to the diversity of building situations encountered, each site will be individually evaluated and where additional measures or variances are needed they will be specified at the discretion of the City Engineering Division. (B) All grading plans and building site surveys will be reviewed for effectiveness of erosion control measures in the context of the site topography and drainage. If plans or City of Farmington Subdivision Regulations Draft - January 8, 2002 page 19 surveys do not specify erosion control, these measures will be described on the plans or surveys by the City's Engineering Division based on the Minnesota Pollution Control Agency's "Best Management Practices". Plans and surveys with erosion control specified are then returned with the permits. (C) Silt fence is required to control erosion on all sites. The builder is responsible for properly installing erosion control immediately after backfill of the foundation. If the required erosion control is not installed within twenty four (24) hours after backfill ofthe foundation, the builder will be issued a stop work order until erosion control measures meet City requirements. An approved certificate of survey along with the permit card shall be posted on the job site. The builder is responsible to maintain the silt fence during the construction process. The City Inspector or Engineer will retain the right to require additional silt fence at any time to ensure that erosion does not occur. Silt fence/hay bales will not be required when the ground is frozen as determined by the City. (D) Temporary rock entrances are required on every construction site and are required after backfilling of foundation. If the rock entrance is not installed immediately after backfilling, a stop work order will be issued until the rock driveway is installed. Rock driveways will also be required during the winter months after backfilling the foundation. (E) Streets should be cleaned and swept whenever tracking of sediments occurs and before sites are left idle for weekends and holidays. If streets are not clean, the City will arrange for a private contractor to clean streets and will bill the charges accordingly. (F) Interior lots shall be sodded from the roadside edge or the unpaved right of way to the back comers of the furthermost building. (G) Comer lots with two (2) sides ofthe lot adjacent to the street; in the front yard, sod shall be installed from the roadside edge or the unpaved right of way in the front of the building to the back comers of the furthermost building. Sod shall also be installed on the street side yard within the boulevard commencing at the rear comer of the building to the rear lot line. (H) All areas that required silt fences during construction and along any portions of the lot that adjoin drainage easements shall be sodded. Any remaining disturbed areas not mentioned above may be seeded. Silt fences must be maintained throughout the construction period until new vegetation is established. (I) Turf slopes in excess ofthree to one (3: 1) are prohibited. (J) The required sod must be in place before a final certificate of occupancy will be issued. Ifthe sod is not in place and occupancy is requested by the builder, a temporary certificate of occupancy may be issued. The builder/homeowner is required to install sod within sixty (60) days after the temporary certificate of occupancy is issued. It is the responsibility of the owner to establish turf in the area where sod is not required. A final certificate of occupancy will be issued only after the turfhas been established. The City of Farmington Subdivision Regulations Draft - January 8, 2002 page 20 I remaining areas of a lot that are not required to have turf established prior to issuance of the final certificate of occupancy should be established with turf within sixty (60) days after the issuance of the final certificate of occupancy. (K) In periods of adverse weather conditions between approximately October 16 and April 30, a temporary certificate of occupancy may be issued, but the installation of sod must be completed on or before July 1. (L) The City shall collect a surety for the as-built certificate of survey and turf establishment before any building permit is issued. The surety is returned when the as-built certificate of survey, sod and seed requirements have been approved. If these requirements are not met, the surety will be used to either complete the grading of the lot consistent with the grading plan and/or complete the installation of the sod and seed. (Ord.098-420,12-21-1998) 11-4-6: WATER DISTRIBUTION: All subdivision design shall incorporate adequate provisions for water supply and distribution consistent with the Farmington Water and Distribution Plan, as amended, and be subject to review and approval ofthe City Engineer. Fire Hydrant Spacing shall be as follows: Single-Family Residential Multi-Familv Residential 225 feet radius 150 feet radius At the time each plat or replat is approved, a connection charge shall be made for past, present or future water supply costs, payable in cash, and shall be deposited in the "City Water Improvement Fund". The monies so collected will be used in accordance with the Farmington Water Supply and Distribution Plan. Charges shall be determined as set forth in Table 14, Water Charges, of the Farmington Water Supply and Distribution Plan. The cash payment may be deferred, at an interest rate determined by resolution of the City Council, to the time the first stage of development takes place, so long as the terms of deferment are set forth in a developer's agreement executed by the City and the owner of the plat. (Ord. 088-202, 7-5-1988) 11-4-7: STORM DRAINAGE: All subdivision design shall incorporate adequate provisions for storm water runoff consistent with the Farmington Storm Water Management Plan, as amended, and be subject to review and approval of the City Engineer. At the time each plat or replat is approved, a connection charge shall be made for past, present or future storm sewer costs, payable in cash, and shall be deposited in the "City Surface Water Management Fund". The monies so collected will be used in accordance with the Farmington Comprehensive Drainage Plan. Connection charges shall be determined as set forth in Table 3, Land Use City of Farmington Subdivision Regulations Draft - January 8, 2002 page 21 Assessment Rate, of the Farmington Comprehensive Drainage Plan. The cash payment may be deferred, at an interest rate determined by resolution of the City Council, to the time the first stage of development takes place, so long as the terms of deferment are set forth in a developer's agreement executed by the City and the owner of the plat. (Ord. 087-189,4-20-1987) 11-4-8: PROTECTED AREAS: \Vhere land proposed for subdivision is deemed environmentally sensitive by the City, due to the existence of wetlands, drainageways, watercourses, floodable areaS~-ef steep slopes, or tree stands, the design of said subdivision shall clearly reflect all necessary measures of protection to ensure against adverse environmental impact. Based upon the necessity to control and maintain certain sensitive areas, the City shall determine whether said protection will be accomplished through lot enlargement and redesign or dedication of those sensitive areas in the form of outlots. In general, measures of protection shall include design solutions which allow for construction and grading involving a minimum of alternative to sensitive areas. Where these areas are to be incorporated into lots within the proposed subdivision, the subdivider shall be required to demonstrate that the proposed design will not require construction on slopes over twenty percent (20%), or result in significant alteration to the natural drainage system such that adverse impacts cannot be contained within the plat boundary. (Ord. 087-189, 4-20-1987) 11-4-9: PARK LAND AND TRAIL DEDICATION REQUIREMENTS: (A) As a prerequisite to plat approval, subdividers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make a cash contribution to the City's Park Fund as provided by this Section. (B) Land to be dedicated shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. (C) The Park and Recreation Advisory Commission shall recommend to the Planning Commission the land dedication and cash contribution requirements for proposed subdivisions. (D) When a proposed park, playground, recreational area, school site or other public ground has been indicated in the City's Official Map or Comprehensive Plan and is located in whole or in part within a proposed plat, it shall be designated as such on the plat and shall be dedicated to the appropriate governmental unit. If the subdivider elects City of Farmington Subdivision Regulations Draft - January 8, 2002 page 22 not to dedicate an area in excess of the land required hereunder for such proposed public site, the City may acquire the site through purchase or condemnation. (E) Where private open space for park and recreation purposes is provided in a proposed subdivision, such areas may be used for credit, at the discretion of the City Council, against the requirement of dedication for park and recreation purposes, provided the City Council finds it is in the public interest to do so. (Ord. 087-189,4-20-1987) (F) In residential plats, park land dedication shall be twelve and one-half percent (12.5%) of the gross land area. The dedication for commercial and industrial development shall be five percent (5%) ofthe gross land area. 1. Where the City Council elects to take cash in lieu of land, the contribution shall be based upon the current Council-approved fee schedule. (Ord. 099-444, 12-20-1999) 2. The City may elect to receive a combination of both land and cash, if recommended by the Park and Recreation Director. Calculations begin with the land required if all the dedication were to be land. The land total less the amount of land actually accepted provides a remainder, which when expressed as a percentage ofthe total identifies the relative value of the cash contribution. This percentage is then multiplied by the total cash created by the above schedule, producing the amount of cash which must accompany the dedicated land. Environmentally sensitive areas accepted by the City shall not be considered in the open space land and/or cash contribution to the City. (G) In residential plats, twenty percent (20%) of the above cash contribution shall be set aside for the development of a comprehensive hiking and biking trail system. (Ord. 092-292, 11-2-1992) (H) Cash contributions shall be deposited in the City's Park and Recreation Development Fund and shall only be used for park acquisition or development. (I) Wetlands, ponding areas and drainageways accepted by the City shall not be considered in the park land and/or cash contribution to the City. (1) The City, upon consideration of a particular type of development, may require larger or lesser parcels of land to be dedicated, if the City determines that present or future residents would require greater or lesser land for park and playground purposes. (Ord. 087-189,4-20-1987) 11-4-10: MINIMUM DESIGN FEATURES: The design features set forth in this Chapter are minimum requirements. The City may impose additional or more stringent requirements concerning lot size, streets and overall design as deemed appropriate considering the property being subdivided. The City City of Farmington Subdivision Regulations Draft - January 8, 2002 page 23 I requires all construction to follow the Engineering Guidelines and Standard Detail Plates provided by the City Engineering Division. (Ord. 087-189, 4-20-1987) City of Farmington Subdivision Regulations Draft - January 8, 2002 page 24 CHAPTER 5 REQUIRED BASIC IMPROVEMENTS SECTION: 11-5-1: General Provisions 11-5-2: Monuments 11-5-3: Street Improvements 11-5-4: Sanitary Sewer and Water Distribution Improvements 11-5-5: Public Utilities 11-5-6: Election by City to Install Improvements 11-5-1: GENERAL PROVISIONS: (A) Before a final plat is delivered by the City, the subdivider of the land covered by said plat shall pay all applicable fees and execute and submit to the City Council a developers agreement which shall be binding on his heirs, personal representatives and assigns. (B) Prior to the delivery of the approved final plat, the subdivider shall deposit with the City Finance Director an amount equal to a minimum of one hundred percent (100%) of the City Engineer's estimated cost of the required improvements within the plat, either in a cash escrow or letter of credit. The surety shall be approved by the City. The cash escrow or letter of credit shall be conditioned upon: 1. The making and installing of all of the improvements required by the terms and conditions set forth by the City within one year unless an extension is granted by the City Council. 2. Satisfactory completion of the work and payment therefore, which work was undertaken by the subdivider in accordance with the developer's agreement referred to in subsection (A) of this Section. 3. The payment by the subdivider to the City of all expenses incurred by the City, which expenses shall include but not be limited to expenses for engineering, planning, fiscal, legal, construction and administration. In instances where a cash escrow is submitted in lieu of a letter of credit there shall be a cash escrow agreement which shall provide that in the event the required improvements are not completed within one year, all amounts held under the cash escrow agreement shall be automatically turned over and delivered to the City and applied by the City to the cost of completing the required improvements. If the funds available within said cash escrow agreement are insufficient to complete the required improvements, the necessary additional cost to the City may be assessed against the subdivision. Any balance remaining in the cash escrow fund after such improvements have been made and all expenses therefore have been paid, shall be returned to the subdivider. In instances where a letter of credit is used in lieu of a cash escrow, the letter of credit shall be in a form satisfactory to the City and the terms thereof shall substantially comply with the procedure set forth for a cash escrow fund. (C) No final plat shall be approved by the Council without first receiving a report from the City Engineer that the improvements described therein together with the agreements and documents required under this Section, meet the requirements of the City. The Administrator shall also certify that all fees required to be paid to the City in connection with the plat have been paid or that satisfactory arrangements have been made for payment. City of Farmington Subdivision Regulations Draft - January 8, 2002 page 25 (D) The City shall, where appropriate, require of a subdivider submission of a warrantylmaintenance bond in the amount equal to the original cost of the improvements, which shall be in force for one year following the final acceptance of any required improvements and shall guarantee satisfactory performance of the said improvements. (E) Reproducible "as built drawings" as required by the City Engineer shall be furnished to the City by the subdivider of all required improvements. Such "as built drawings" shall be certified to be true and accurate by the registered engineer responsible for the installation of the improvements. (F) All of the required improvements to be installed under the provisions of this Title shall be approved by and subject to the inspection of the City Engineer. All of the City's expenses incurred as the result of the required improvements shall be paid either directly, indirectly or by reimbursement to the City by the subdivider. (Ord. 087-189,4-20-87) 11-5-2: MONUMENTS: (A) Official monuments, as designated and adopted by the Dakota County Surveyor's office and approved by the Dakota County District Court for use as judicial monuments, shall be set at each corner or angle on the outside boundary of the final plat or in accordance with the plans approved by the City Engineer. The boundary line of the property to be included with the plat is to be fully dimensioned; all angles of the boundary excepting the closing angle is to be indicated; all monuments and surveyor's irons are to be indicated, each angle point of the boundary perimeter is to be so monumented. Such monuments as required under this Section shall be set within one week of the approval of said plat. (Ord. 093-312, 8-2-1993) (B) Pipes or steel rods shall be placed at each lot and at each intersection of street center lines. All United States, State, County or other official benchmarks, monuments or triangular stations in or adjacent to the property shall be preserved in precise position and shall be recorded on the plat. All lot and block dimensions shall be shown on the plat and all necessary angles pertaining to the lots and blocks, as an aid to future surveys shall be shown on the plat. Ditto marks will not be permitted in indicating dimensions. Such monuments as required under this subsection (B) shall be set no later than one year after the recording of the plat. The developer shall provide sufficient surety, as determined by the City, to ensure that all monuments are set within one year. No building permits will be issued within a development until all monuments required under subsections (A) and (B) of this Section have been set. Proof of setting of said monuments shall be in the form of a surveyor's certificate. (Ord. 093-312, 8-2-1993) 11-5-3: STREET IMPROVEMENTS: (A) The full width of the right of way shall be graded in accordance with the provisions for construction as outlined in Chapter 4 of this Title, Design Standards. City of Farmington Subdivision Regulations Draft - January 8, 2002 page 26 I (B) All streets shall be improved in accordance with the standards and specifications for street construction as required by the City Council. (C) All streets to be surfaced shall be of an overall width in accordance with the standards and specifications for construction as approved by the City Council. The portion of the right of way outside the area surfaced shall be sodded by or riprapped by the developer if deemed necessary. (D) When required, the curb and gutter shall be constructed in accordance to the standards and specifications for street construction as set forth and approved by the City Council. (E) The grade and drainage requirements for each plat shall be approved by the City Engineer at the expense of the applicant. Every plat presented for final signature shall be accompanied by a certificate of the City Engineer that the grade and drainage requirements have been met. In an area not having Municipal storm sewer trunk, the applicant shall be responsible, before platting, to provide a storm water disposal plan, without damage to properties outside the platted area, and said storm water disposal plan shall be submitted to the City Engineer, who shall report to the City Council on the feasibility of the plan presented. No plat shall be approved before an adequate storm water disposal plan is presented and approved by the City Engineer and City Council. The use of dry wells for the purpose of storm water disposal is prohibited. (Ord. 087-189,4-20-1987) (F) Boulevard sodding shall be planted in conformance with the standards and specifications as required by the City Council. Two inch (2") caliper, as measured six inches (6") above the ground line, shade trees approximating forty feet (40') on center, shall be planted within boulevards on each side of platted streets. Trees shall be selected from a list made available from the CityI'l.:mncr and each street will emphasize a particular variety. (Ord. 095-368, 12-18-1995) (G) Street signs of the design approved by the City Council shall be installed at each street intersection. (H) Driveway approaches and sidewalks of standard design or pedestrian pathways as may be required by the City Council shall be installed. (I) Street lighting fixtures as may be required by the City Council shall be installed. (Ord. 087-189,4-20-1987) 11-5-4: SANITARY SEWER AND WATER DISTRIBUTION IMPROVEMENTS: Sanitary sewers and water facilities shall be installed in accordance with the standards and specifications as required by the City Engineer and subject to the approval ofthe City Council. (Ord. 087-189, 4-20-1987) 11-5-5: PUBLIC UTILITIES: Telephone, cable TV, electric and/or gas service lines are to be placed underground in accordance with the provisions of all applicable City ordinances. (Ord. 087-189,4-20-1987) 11-5-6: ELECTION BY CITY TO INSTALL IMPROVEMENTS: City of Farmington Subdivision Regulations Draft - January 8, 2002 page 27 I It is the subdivider's responsibility to install all required improvements except that the City reserves the right to elect to install all or any part of the improvements required under the provisions of this Title pursuant to MSA chapter 429, as amended. If the City elects to install the improvements, the City may require the developer to post a cash escrow or letter of credit guaranteeing payment of the assessments. (Ord. 087-189, 4-20-1987) City of Farmington Subdivision Regulations Draft - January 8, 2002 page 28 I CHAPTER 6 ADMINISTRATION AND ENFORCEMENT SECTION: 11-6-1 : 11-6-2: 11-6-2-1: 11-6-2-2: 11-6-3: Nonplatted Subdivisions Variances, Planning Commission Recommendations, Standards Findings Procedures Violations and Penalty 11-6-1: NONPLATTED SUBDIVISIONS: (A) Registered Land Surveys: All registered land surveys in the City shall be presented to the Planning Commission in the form of a preliminary plat in accordance with the standards set forth in this Title for preliminary plats and the Planning Commission shall first approve the arrangement, sizes and relationships of proposed tracts in such registered land surveys and tracts to be used as easements or roads should be so dedicated. Unless a recommendation and approval have been obtained from the Planning Commission and City Council respectively, in accordance with the standards set forth in this Title, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts unless so approved. (B) Conveyance by Metes and Bounds: No division of one or more parcels in which the land conveyed is described by metes and bounds shall be recorded if the division is a subdivision as defined by this Title. Building permits will be withheld for buildings or tracts which have been subdivided and conveyed by this method and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts. 11-6-2: VARIANCES, PLANNING COMMISSION RECOMMENDATIONS, STANDARDS: 11-6-2-1: FINDINGS: The Planning Commission may recommend a variance from the minimum standards of this Title (not procedural provisions) when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Commission shall prescribe any conditions that it deems necessary to or desirable for the public interest. In making its recommendations, the Planning Commission shall take into account the nature of the proposed use ofland and the existing use ofland in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed City of Farmington Subdivision Regulations Draft - January 8, 2002 page 29 subdivision upon traffic conditions in the vicinity. A variance shall only be recommended when the Planning Commission finds: (A) That there are special circumstances or conditions affecting the property such that the strict application of the provisions of this Title would deprive the applicant of the reasonable use of his land. (B) That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which the property is situated. (C) That the variance is to correct inequities resulting from an extreme physical hardship such as topography, etc. After consideration of the Planning Commission recommendations, the City Council may grant variances, subject to a positive response to the three (3) tests for variance listed above. 11-6-2-2: PROCEDURES: (A) Filing: Requests for a variance or appeal shall be filed with the City Planner at the time the preliminary plat is filed stating the unique circumstances claimed as a basis for the variance and a statement demonstrating that the variance would conform to the requirements necessary for approval. Such applications shall also be accompanied by ten (10) copies of written and graphic materials necessary for explanation of the request. (B) Hearing: The Planner, upon receipt of the application, shall set a public hearing for public review of the variance request. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. Notice of such hearing shall be published in the official newspaper at least ten (10) days prior to said hearing, and individual notices shall be mailed not less than ten (10) days prior to the hearing to all owners of property within three hundred fifty feet (350') ofthe parcel included in the request. (C) Planning Commission Action: The Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request as it deems necessary to carry out the intent and purpose of this Title. (D) Council Action: Upon receiving the report and recommendation ofthe Planning Commission and City Staff, the City Council shall make a recorded finding of fact and impose any conditions it considers necessary to protect the public health, safety and welfare. A variance to this Title or grant of an appeal shall be by majority vote of the full City Council. 11-6-3: VIOLATIONS AND PENALTIES: City of Farmington Subdivision Regulations Draft - January 8, 2002 page 30 11 6 3 1: SL'\.LE(A} Sale of Lots from Unrecorded Plats: It shall be a misdemeanor to sell, trade, or otherwise convey any lot or parcel of land as a part of, or in conformity with any plan, plat or replat of any subdivision or area located within the jurisdiction of this Title unless said plan, plat or replat shall have first been recorded in the office of the Recorder of Dakota County. 11 6 3 2: (ill Receiving or recording unapproved plats: It shall be unlawful for a private individual to receive or record in any public office any plans, plats of land laid out in building lots and streets, alleys or other portions of the same intended to be dedicated to public or private use, or for the use of purchasers or owners of lots fronting on or adjacent thereto, and located within the jurisdiction of this Title, unless the same shall bear thereon, by endorsement or otherwise, the approval of the City Council. 11 6 3 3: 1Q Misrepresentations: It shall be a misdemeanor for any person owning an addition or subdivision of land within the City to represent that any improvement upon any of the streets, alleys or avenues of said addition or subdivision or any sewer in said addition or subdivision has been constructed according to the plans and specifications approved by the City Council, or has been supervised or inspected by the City, when such improvements have not been so constructed, supervised or inspected. 11 6 3 4: .em Penalty: Anyone violating any of the provisions of this Title shall be guilty of a misdemeanor. Each month during which compliance is delayed shall constitute a separate offense. (Ord. 087-189,4-20-87) City of Farmington Subdivision Regulations Draft - January 8, 2002 page 31 I