HomeMy WebLinkAbout12/14/10
City of Farmington
430 Third 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
PLANNING COMMISSION
December 14, 2010
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) October 12, 2010
3. PUBLIC HEARINGS
None
4. DISCUSSION
a) MN GreenStep Cities - Sustainability Chapter 2030 Comprehensive Plan
b) Draft ordinance - amending Sections 10-3-6 (Variances), 10-4-2 (Nonconforming Uses) and adding Section
10-4-7 (Expansion of Lawful Nonconformities)
c) North Creek Greenway Master Plan Update ft Open House (verbal)
5. ADJOURN
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800. Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
FROM:
Lee Smick, City Planner
AICP, CNU
SUBJECT:
MN GreenStep Cities - Sustainability Chapter 2030 Comprehensive Plan
DATE:
December 14,2010
INTRODUCTION
Staff is proposing to implement the MN GreenStep Cities program and has invited Phillip Muessig from the
MnDNR to make a presentation to the Commission.
DISCUSSION
The GreenStep Cities program is a voluntary challenge, assistance and recognition program to help cities
achieve their sustainability goals through implementation of 28 best practices. Each best practice can be
implemented by completing one or more specific actions from a list of four to eight actions. These actions are
tailored to all Minnesota cities, focus on cost savings and energy use reduction, and encourage innovation. The
benefits to the GreenStep Program are as follows:
. Are a continuous improvement pathway for cities to "go green," become more sustainable and resilient.
. Will save city staff time in researching cost-effective actions for cutting energy use, decreasing the city's
carbon footprint, and accomplishing other sustainability goals that exceed regulatory requirements.
. Will save cities money and deliver a stream of multiple environmental, social and financial benefits.
. Are tailored to Minnesota cities and provide maximum flexibility and choice in how to implement a
proven best practice.
. Flesh out how to follow-through on the U.S. Mayors Climate Protection Agreement, signed by over 40
Minnesota cities, and the Minnesota Legislature's aggressive Next Generation Energy Act.
. Provide leadership and action roles for community members and institutions so as to stretch limited city
funds and strengthen a civic culture of innovation.
The following communities are part of the MN Greenstep Cities Program:
Blackduck Mahtomedi
Breezy Point Mankato
Eagan Milan
Elk River N orthfield
Hopkins Pine River
La Prairie Royalton
St. Cloud
The GreenStep program is divided into 28 Best Practices as shown below. After reviewing the Best Practices
worksheet, it was determined that Farmington has completed 11 of the 28 Best Practices as shown in red below.
A total of9 of the 28 Best Practices are required to be completed as shown in yellow below.
- Required
uired
20. Water and Wastewater Facilities
21. Se tic S stems
22. Solid Waste Reduction
23. Local Air Qualit
24. Benchmarks & Community Eng~g~ment l
Re uired
25. Green Business Develo
26. Renewable Ener
14. Demand-Side Travel Plannin
Staff would like the Planning Commission to review the 28 Best Practices along with their accompanying action
steps to determine additional planned and desired practices that the City should work towards.
ACTION REOUESTED
Review the MN GreenStep Cities program.
Lee Smick, City Planner
AICP, CNU
MINNESOTA GREENSTEP CITIES BEST PRACTICES, ACTION
OPTIONS AND PROGRAM REQUIREMENTS
5 Buildings & Lighting Best Practices
1. Public Buildings
(1) Enter baseline information into the Minnesota B3 database and continue entering
monthly energy use data from city-owned buildings.
2)~1t(or when cost-effective, recommission)all city-owned 5uilCJfngs inthebottom
third of the B3 energy performance ranking and implement a maiority of energy efficiency
opportunities that have a payback under 5 years.
(3) Complete energy efficiency improvements in at least one city, school or park district
building (in addition to buildings addressed in action 2) via retrofit and retro-/re-
commissioning, with financing at attractive interest rates under MN's PBEEEP program or
related lease-purchase financing, energy performance contracting, or other cost-justified
program.
(4) Participate in other state or utility programs that provide rebates or co-funding f~
energy efficiency improvements to public buildings.
(5) Renovate and operate at least one city-owned building to meet or qualify for a green
building standard,
(6) Create an internal loan fund for making public building improvements based on an
energy or green building standard.
(7) Install in at least one public building at least one of the following energy efficiency
measures:
a. A distributed energy technology: micro-turbine, fuel celt reciprocating engine.
b. A ground-source, closed loop geothermal system where net greenhouse gases are
less than those generated by the system being replaced.
Create a marketing and outreach program with the local utility and or the local
Community Action Program to promote residential energy use reduction and energy
efficiency.
(2) Integrate green building information into the building permit process.
(3) Develop a (or modify an existing) truth-in-housing inspection program for homes being
sold, to include a blower-door test and energy-use rating.
(4) Partner with an assistance provider such as a utility, EnergySmart, MNTAP or ReTAP,
and document at least one of the following:
a. Building energy improvements in businesses,
b. Use of Energy Star's Portfolio Manger by businesses.
c. Operation of a least three buildings to meet or qualify for a green building
standard.
(5) Take action to conserve drinking water resources through at least one the following:
Page 1 of 15
Completed? In
Process?
Required for
Designation of MN
GreenStep City -
Category A city
I Required: BP #1 plus
ONE other BP
Required BP
Required action
Required action
If a city chooses to,
completing at least
ONE additional action
allows this best
practice to be
counted as
implementation of
two best practices.
Optional
a. Implement a robust watering ordinance.
b, Implement a conservation rate structure.
c. Adopt, with modifications as necessary, a model landscaping ordinance to allow If implementing this
for low water-use landscaping, BP, complete at least
d. Create a rebate or feebate program to promote purchases of WaterSense- and TWO actions.
Energy Star-rated appliances,
(6) Provide a meaningful and significant incentive to builders, homeowners, businesses or
institutions who renovate to a green building standard:
a. Building permit fee discount
b. Grant, rebate or tax breaks (e.g., property tax abatement)
c. Expedited permit review
d. Green building design assistance
e, Density bonus
(7) Customize a model sustainable building policy and adopt language governing
commercial renovation projects:
a. Receiving city financial support, and/or
b. Requiring city regulatory approval (conditional use permit, rezoning, PUD status).
(8) Arrange for on-bill financing, using either utility or property tax bills, to make
home/building sustainability improvements easier and more affordable.
3. New Green Buildings Optional
(1) Require, by ordinance, new city-owned buildings and substantial remodels to meet or
qualify for a green building standard. If implementing this
(2) Work with the local school or park district to ensure that all schools or park buildings BP, complete at least
meet or qualify for a green building standard, action (1) or (2) and ...
(3) Customize a model sustainable building policy and adopt language governing new
development projects:
a. Receiving city financial support, and/or
b. Requiring city regulatory approval (conditional use permit, rezoning, PUDlo
(4) Provide a meaningful and significant incentive to residents, builders or developers who
build to a green building standard:
a. Building permit fee discount ... at least ONE
b. Expedited permit review additional action.
c, Green building design assistance
d. Grant, rebate or tax breaks (e.g., property tax abatement)
e, Density bonus
(5) Adopt covenant guidelines for common interest communities addressing issues such as
stormwater, native vegetation, clothes lines and renewable energy,
(6) Work with local financial institutions to use energy-efficient mortgages for buildings
seeking a green building certification.
4. Outdoor Lighting & Signals Optional
(1) Require energy efficient, Dark-Sky compliant new or replacement outdoor lighting
fixtures on city-owned buildings and facilities.
Page 2 of 15
(2) Require all new street lighting and traffic signals to be Dark-Sky compliant, energy
efficient lighting technologies.
(3) Modify any city franchise or other agreement with a utility to facilitate rapid
replacement of inefficient street lighting.
(1) Svnchronize traffic sic:nals so JS minimize CJr idlinG Jt intersections yet maintain safe
and publici,; acceptable vehicle speeds.
(5) Install solar powered lighting in a street, parking lot or park project.
(6) Work with a utility program to relamp exterior building lighting for at least 30% of city-
owned buildings with energy efficient, Dark-Sky compliant lighting.
(7) Replace at least 50% of the city's parking lot lighting with Dark-Sky compliant, energy
efficient, automatic dimming lighting technologies,
(8) ReplJce at least one third of the city's traffic sic:nals with enerGY efficient LED liGhtinG
technologies.
(1) Develop and adopt an historic preservation ordinance to encourage adaptive reuse,
with attention to energy and resource conservation, indoor air quality and other green
building practices.
(2) For cities with traditional downtown areas, implement the Main Street model for
commercial revitalization with attention to green building practices.
(3) Work with a local school to either add-on space, or to repurpose space into non-school
uses, with attention to green building practices.
(4) Create/modify a green residential remodeling assistance/financing program to assist
homeowners in adding space to their existing homes while retaining historic architectural
elements.
sf Adopt development and design standardstfiaffacilitate infiUan-d redevelopment. such
as developing strip/big box commercial areas into more Iivable/walkable neighborhoods and
gathering places.
5 land Use Best Practices
(1) Adopt/have an adopted comprehensive plan that is less than ten years old (required for
Category A cities) OR, Category Band C cities may simply adopt a land use plan that was
adopted by a regional entity or the county less than ten years ago.
(2) Demonstrate that regulatory ordinances comply with the comprehensive plailincluaing
but not limited to having the zoning ordinance explicitly reference the comprehensive plan
as the foundational document for decision making.
(3) Include requirements in comprehensive plans for intergovernmental coordination
dealing with at least six of the following issues:
a. Transportation
b. Watershed impacts
c. Land use
d. Economic development
e. Housing and foreclosures
f. Police
g. Fire
h, Health
Page 3 of 15
If implementing this
best practice,
complete at least
TWO actions,
including one of
actions (5) through
(8).
Optional
If implementing this
BP, complete at least
ONE action.
I Required: BP #6 plus
ONE other BP
Required BP
Required action
Required action
i. Sewer and water
(4) Include provisions in the comprehensive plan that explicitly aim to achieve all of the
following goals:
a. Minimize the fragmentation and development of agricultural~forest, wildlife, and
high quality open space lands in and around the city.
b. For cities adjacent to undeveloped land: establish a growth area with staging
criteria that reflects projected population growth and, if applicable, is subject to an
orderly annexation agreement and planned extension of municipal services.
c. Establish policies to reduce vehicle miles traveled.
(5) Adopt climate protection or energy independence goals and objectives in the
comprehensive plan or in a separate policy document, and link these goals to direct
implementation recommendations.
7. Higher Density
(1) Limit barriers to higher density housing by including in the city zoning ordinance and
zoning map a zoning district that allows:
a. Traditional urban neighborhood single-family density at six units per acre or greater.
b. Multi-family housing at a gross density of at least 15 units per acre adjacent to a
commercial zoning district or transit center.
(2) Encourage higher density housing through at least two of the following strategies:
a. Incorporate a flexible lot size/frontage requirement for infill development.
b. Use density and floor area ratio (FAR) bonuses in selected residential zoning
districts.
c. Tie a regulatory standard to comprehensive plan language defining compact city
expansion zones that limit sprawl.
d, Allowing accessory dwelling units by right in selected zoning districts.
(3) Encourage a higher intensity of commercial land uses through at least one of the
following strategies:
a, Include in the city zoning ordinance and zoning map a commercial district with
reduced lot sizes and zero-lot-line setbacks, or a FAR minimum between .75 and 1.
b. Set targets for the minimum number of employees/acre in different commercial
zones.
(4) Provide one or more oftfiefOllowing incentives forTilfill projects, or for life-cycle
housing near job or retail centers, or for achieving an average net residential density of seven
units per acre:
a. Building permit fee discount,
b. Expedited permit review.
c. Grant or tax breaks.
d. Other incentives,
(5)-rYfodifythe city zoning ordinance and zoning map to allow, without variance or rezoning
in at least one district, developments that meet the prerequisites for LEED-Neighborhood
Development certification.
Page 4 of 15
A city that chooses to
complete action (5)
may claim credit for
implementing two
best practices.
Optional
If implementing this
BP, complete at least
ONE action.
8. Mixed Uses
(1) Create a main street program or organize a Minnesota Design Team planning charrette.
(2) Locate or lease a new government facility that has at least two of these attributes:
a. Near an existing employment or residential center.
b. Accessible by walking and biking.
c. Accessible by any existing regular transit service.
(3) Modify a planned unit development - PUD - ordinance to emphasize mixed use
development or to limit residential PUDs to areas adjacent to commercial development.
(4) Certify a new development as complying with LEED-ND standards, including the mixed-
use credits.
(5) Create, or modffy an existing, downtown zoning district to allow resiaentialand small
compatible commercial development, based on the 2009 Minnesota Model Ordinances for
Sustainable Development.
(6) Create, or modify an existing, district to use form-based zoning standards that de-
emphasize use-based standards.
(7) Create incentives for vertical mixed-use development in appropriate locations
(downtown, commercial districts near colleges or universities, historic commercial districts),
9. Highway Development
(1) Conduct a visual preference survey with community members and establish design
goals for highway corridors.
(2) Participate in regional economic development planning with representatives from
surrounding townships, cities, the county and business interests to:
a. Estimate commercial/industrial needs among all jurisdictions.
b. Jointly implement recommendations to stage highway commercial development
in order to avoid overbuilding and sprawl.
(3) Adopt transportation infrastructure design standards that accomplish at least one of
the following:
a. Improve the ecologic functions of land adjacent to highway corridors.
b, Facilitate clustering of commercial highway development.
c. Context-sensitive design,
(4) Adopt, with modifications as necessary, at least one of the following model ordinances:
a. Model access management overlay
b. Highway Commercial District
c. Adequate Public Facilities ordinance that stages highway commercial
development concurrently with infrastructure expansion,
(5) Require decommissioning in development agreements for big box stores should they
remain vacant for several years,
(1) Conduct a Natural Resource Inventory and Assessment (NRI and NRA) and incorporate
protection of priority natural systems or resources through the subdivision or development
process, as described in Minnesota's 2009 Model Ordinances for Sustainable Development.
Page 5 of 15
Optional
If implementing this
BP, complete at least
TWO actions.
Optional
If implementing this
BP, complete at least
ONE action.
Optional
(2) For cities outside or on the fringe of metropolitan areas, conduct a cost of public
services study for development outside the city grid and adopt development standards or a
concurrency ordinance to ensure staged urban growth that protects natural systems.
(3) For cities within metropolitan areas, incorporate by policy woodland best management
practices into zoning or development review.
(4) For cities with undeveloped natural resource areas use, or adopt as policy the use of, a
conservation design scorecard as a tool in negotiating development agreements.
(5) Develop and fund a conservation easement program, such as a purchase of
development rights program, in collaboration with a land trust.
4 Transportation Best Practices
(1) Adopt a complete streets policy that addresses street trees and stormwater, and
modify street standards accordingly.
(2) Adopt zoning language for a selected area/project that is substantially equivalent to the
LEED for Neighborhood Development credits for Walkable Streets or Street Network.
r3)-Document the installation of trees, and green stormwater infrastructure. and utility
renovations as needed (sewer, water, electric, telecommunications) as part of at least one
complete street reconstruction project.
(4) Identify and remedy non-complete street segments by, for example, adding a bike lane
or sidewalk.
(5) Identify and remedy street-trail gaps (at least one) between city streets and trails/bike
trails to better facilitate walking and biking,
(6) Implement traffic calming measures in at least one street redevelopment project.
Promote walking, biking and transit use by one or more of the following means:
a. Produceldistribute a map(s) and70r signage and/or a web site that shows (by
neighborhood if a larger city) key civic/commercial sites, best bike and pedestrian
routes, and transit routes and schedules.
b. Increase the number of bike facilities: racks, bike stations, showers at city offices.
c. IncreJse the number of bus fJcilities: signage, benches, Jnd shelters,
d, IncreJse the number of employers who offer qUJlified transportation fringe
benefits instead of only J tax free parking fringe benefit.
e. Launch an Active Living campaign in concert with your local community health
board.
(2) Launch a Safe Routes to School program with educational, public health and other
partners.
(3) Prominently identify on the city's web site mobility options for hire: transit services;
paratransit/Dial-A-Ride; cab service(s); rental car agency(s).
(4) Promote carpooling or on-demand ridesharing among community members, city
employees, businesses, high schools and institutions of higher education.
Page 6 of 15
If implementing this
BP, complete at least
ONE action.
Required: BP #11 and
BP #12
Required BP
Complete action (1),
and ...
... complete TWO
additional actions.
_~guired
Complete at least
TWO actions.
5 Launc an eWor P ace Minnesota campaign. wor ing wit usiness an transportation
management organizations, or help bring telemedicine technology to a local health care
provider.
(6) Accomplish at least one of the following, working with other units of local governments
as needed:
a. Add/expand transit service.
b. Launch a car sharing or bike sharing business.
(1) Decrease use of city vehicles by means such as trip bundling, video conferencing,
carpooling and financial incentives for efficient vehicle use.
(2) Right-size the city fleet with the most fuel-efficient vehicles that are of an optimal
size/capacity for their intended functions.
(3) Document the phase-in of at least three of the following in vehicle contracts, for city or
local transit fleets, or for school/park board fleets:
a. Monthly monitoring and reporting for staff on fuel usage and costs.
b. Training for more efficient driving, including anti-idling behavior/rules.
c, Maintenance schedules that optimize vehicle life and fuel efficiency.
d. Alternative fuel vehicles.
e, Charging stations (solar or wind powered) for plug-in hybrid and full electric
vehicles.
f. Lower-carbon fuels (such as biodiesel, straight vegetable oil) using a life-cycle
calculation.
g. More fuel-efficient vehicles,
h. Car share vehicles owned by a third party to decrease fleet size.
i. Bicycles.
(4) Phase in bike, foot or horseback police patrols,
(5) Document that the local school bus fleet has optimized routes, start times, boundaries,
vehicles, bus fuels, and driver actions to decrease fuel use.
(6) Participate in Proiect GreenFleet to retrofit or replace diesel engines, or to install
auxiliary power units that reduce truck and bus idling.
14. Demand-Side Travel Planning
(T)----ri1development standards, right-size parking minimum standards and add parking
maximums in pedestrian-friendly or transit-served areas.
(2) For cities with regular transit service, require or provide incentives for the siting of retail
services :Jt tr:msit/density nodes.
(3) For cities with regular transit service, require or pro'/ide incentives for the siting of
higher density housing at transit/density nodes,
(4) Incorporate demand-side transportation strategies into development regulations,
adopting, with modifications as necessary, at least one of the following from Minnesota's
2009 Updated Model Ordinances for Sustainable Development:
a. Travel Demand Management Performance Standard
b. Transit-oriented Development Ordinance
(5) Document that a development project certifies under the LEED for Neighborhood
Development program and is awarded at least one of the following credits:
a. Transportation Demand Management,
Page 7 of 15
Optional
If implementing this
BP, complete at least
TWO actions.
Optional
If implementing this
BP, complete at least
TWO actions.
b. Housing and Jobs Proximity.
9 Environmental Management Best Practices
I Required: BP #15, BP
#16, BP #17 and ONE
I
I other BP
15. E~i!:9nmental Purchasing
(1) Adopt a policy or administrative policy directing that the city purchase only:
a. EnergyStar certified equipment and appliances and
b. Paper containing at least 30% post-consumer recycled content.
(2) Purchase 15% of city energy requirements from renewable energy sources.
Required BP
Complete action (i),
and ...
(3) Establish a local purchasing preference and, working with a local business association,
develop a list of locally-produced products and suppliers for common purchases.
(4) Require purchase of U.S. EPA Water Sense-certified products for all product categories
covered by the Water Sense program.
(5) Set minimum stmdJrds for the percentJge of recvcled content material in at least 5
products typicJlly purchased by the city, such as Jsphalt and roadbed aggregate.
(6) Require printing services to be purchased from companies certified by Minnesota Great
Printers or by the Sustainable Green Printing Partnership.
(7) Lower the environmental footprint of meetings and events in the city through one or
more of the following:
a. Adopt a policy for meetings and events hosted by city government.
b. Adopt a policy for meetings and events taking place on city property, including
parks and libraries.
c. Distribute educational materials for use at city-supported events such as National
Night Out.
(8) Specify the use of state and national green standards/guidelines for at least 3 of the
following categories of purchasing:
a. Electronics
b. Wood products
c, Organic food
d. Cleaning products
e, Paints, coatings and adhesives
f, Carpets
g. Furniture
h. Paper products
... complete at least
ONE additional
action.
__ ~e9..ui!.e~__
(1) Qualify as a Tree City USA.
(2) Adopt as policy MN Tree Trusts' Best Practices and use the guidelines in at least one
development project to achieve an excellent an exemplary rating.
(3) Budget tree installation and maintenance to, within 15 years, achieve the following tree
canopy shading for streets, sidewalks and parking lots in the following zoning districts:
a. At least 25% for industrial and commercial zoning.
b, At least 75% for residential zoning.
(4) Maximize tree planting along your main downtown street.
(5) Adopt at least two of the following ordinances/policies:
Complete at least
TWO actions.
Page 8 of 15
a. Adopt a policy of no net loss of specified natural landscapes.
b. Adopt a policy relating to replacement of trees on public, or on public and
private, property.
c. Adopt landscaping/nuisance ordinances that promote, rather than create
barriers for, native vegetation.
(1) Complete the Blue Star Citv stormwater management assessment and achieve a
minimum threshold of specific activities detailed in this program.
(2) Adopt by ordinance one or more of the following:
a, A narrower streets provision that permits construction of 22-foot roads.
b. A 1.5 inch rainfall on-site rainwater infiltration design requirement for
construction sites.
c. A stormwater runoff volume limit to pre-development volumes for the 5-year, 24-
hour rainfall maximum event.
(3) Maintain less than 12% impermeable surfaces in the watershed in which the city lies.
(4) Create a stormwater utilitv tnat uses variable fees to incentivize enhanced stormwater
management and funds community stormwater infrastructure and assistance/education
programs.
(5) Adopt and implement design standards or guidelines for new development and re-
development in the city establishing requirements for at least one of the following:
a. Rain gardens.
b. Green roofs with or without cisterns and water/grevwater reuse systems.
c. Green allevs.
d, Green parking lots.
(6) Adopt an ordinance with erosion and sediment control provisions as well are
requirements for permanent stormwater treatment.
(1) Identify gaps and connectivity breaks in your city's system of parks, trails and open
spaces, and remedy at least one of them.
(2) Plan and budget for a network of parks, green spaces, water features and trails in all
new development areas.
(3) Document at least one of the following:
a. At least 20% of total city land area in protected green infrastructure (parks and
protected natural resource areas and trails).
b. All residents are within a Y, mile of a park or protected green space.
(4) Adopt low-impact design standards in parks and trails that infiltrate or retain all 2 inch,
24-hour stormwater events on site.
(5) Create park management standards that maximize at least one of the following:
a. Low maintenance native landscaping.
b, Organic or integrated pest management.
c. Sources of non-potable water for irrigation,
(6) Certify_at least one J::olf course in the :\udubon CooperJtive SanctuJr)' ProgrJm for Golf
Courses.
Page 9 of 15
In Process
L.-
~uired
Complete at least
ONE action.
Optional
If implementing this
BP, complete at least
THREE actions.
(7) Construct all new park buildings to a green building standard, with special attention to
highlighting and educating around the green features.
(8) Develop a program to involve community members in land restoration and
stewardship.
(1) Assist at least one lake or river association to earn the Star Lake/River designation for
their lake/river.
(2) Assist at least one lake or river association to become Star Lake/River-readv by
achieving a majority of the program requirements.
(3) Work with other organizations to support citizen education about and involvement
with actions to attain measurable, publicly announced lake, stream, ditch and wetland
health improvement targets adopted by the city council and reported on each year.
(4) Adopt a shoreland ordinance consistent with MN Dept. of Natural Resources rules as
modified,
20. Water and Wastewater Facilities
(1) Compare the energy use and performance of your facilities with other peer plants using
standardized, free tools.
(2) Plan and budget for motor maintenance and upgrades so as to assure the most energy
efficient, durable and appropriate equipment is available when upgrades or break downs
occur.
(3) Establish an on-going budget and program for decreasing inflow and infiltration into
sewer lines, involving at least gutter, foundation drains and sump pump disconnects.
(4) Assess energy and cnemicals use, inflow and infiltration volumes, water reuse potential
and pollutants, and implement one-third of recommendations with a payback of less than 3
years.
(5) Require property owners to have their private sanitary sewer lateral pipe inspected
before a property sale or title transfer.
(6) Implement at least one of the following projects/programs:
a, Assist local businesses, institutions and/or residents in pre-treating and lowering
volumes and toxicity of sewer inflows.
b. Co-generate electricitv and heat from the wastewater treatment plant.
c. Reuse water (sell reclaimed water) from a wastewater plant for non potable ag-
processing, irrigation or power plant uses.
Page 10 of 15
Optional
If a city has at least
one state- designated
public water body
within its boundaries
and chooses to
implement this best
practice, complete
action (4) and at least
ONE additional
action. *** If a city
has no state-
designated public
water body and
chooses to
implement this best
practice, complete
any ONE or more
actions.
Optional
If implementing this
best practice,
complete actions (1)
and (2) and ...
... at least ONE
additional action.
d. A grevwater reuse system in at least one public or private building,
21. Septic Systems Optional
(1) Report to landowners suspected noncompliant or failing septic systems as part of an
educational, informational and financial assistance and outreach program designed to trigger
voluntary landowner action to improve septic systems.
(2) Create a program that follows the five-step process for addressing failing septic systems
developed by the University of Minnesota's Onsite Sewage Treatment Program.
(3) Implement one or more organizational options for the proper design, siting,
installation, operation, monitoring and maintenance of septic systems. If implementing this
(4) Adopt a Subsurface Sewage Treatment System ordinance based on the Association of BP, complete at least
Minnesota Counties model ordinance template, ONE action.
(5) Create a program to finance septic systems upgrades through, for example, a city
revenue bond, repayable through taxpayers' property taxes.
1- (6)Work with homeowners and-businesses in environmentally sensitive areas and areas
where standard septic systems are not the least-cost option to promote innovative waste
water systems.
(7) Arrange for assistance to commercial. retail and industrial businesses with water use
reduction, pollution prevention and pretreatment prior to discharge to septics,
22. Solid Waste Reduction Optional
(1) Adopt percentage reduction goals for waste and toxicity generated-from city operations
(including schools, libraries, parks, municipal health care facilities). Accomplish reduction
goals in at least three of the following areas: If implementing this
a. Overall waste generation
b. Paper use and junk mail BP, complete at least
c. Pesticide/herbicide use action (1) or (2), and
d. Water use/waste water generation ...
(2) Adopt and meet aggressive goals for the overall percentage diversion of currently
disposed waste from city operations into recycling and organics collection.
(3) Document signing of at least one resource management contract with a waste hauler
for one or more of:
a. City government operations,
b. Schools, libraries, parks, or municipal health care facilities.
c. A commercial or industrial business.
(4) Publicize, promote and use the varied businesses collecting and marketing used and
1- repaired consumer goods in the city/county.
(5) Arrange for a resiOentialmbusiness/institutional organics collection7management
program (food-to-people, food-to-animals, composting, anaerobic digestion, and backyard
composting),
(6) Organize residential solid waste collection by private and/or public operations to ... at least ONE of
accomplish multiple benefits, actions (4) through
1- (7)-For citieStnat provlaed1rect or contract waste collecfion services, otter volume-based
(8).
pricing on residential garbage and/or feebates on recvcling so that the price differences are
large enough to increase recycling/composting but not illegal dumping,
1- (8) Adopt a construction and demolTfjon ordinance for projects over a specified size that
mandates levels of recycling and reuse for materials and soil/land-clearing debris and is tied
to demolition permits.
I
Page 11 of 15
23. Local Air Qua lit',:' Optional
(1) Conduct an education/financial assistance campaign around one of the following issues:
a. Indoor wood burning behavior, to ensure that wood burning is only done with
seasoned wood and in a manner that doesn't negatively impact neighbors.
b. Indoor wood burning technology, to result in community members upgrading
from inefficient/more polluting fireplaces and wood stoves to natural gas stoves and
fireplaces or the most efficient certified wood stoves.
c. Smoker cars - older model/high polluting vehicles, to result in repairs spurred by
repair vouchers,
(2) Regulate outdoor wood burning, using model ordinance language, performance
standards and bans as appropriate, for at least one of the following:
a. Recreational burning. If implementing this
b, Outdoor wood boilers. BP, complete at least
(3) Conduct one or more education/behavior change campaigns on the topics below and
document: TWO actions.
a. Decreased vehicle idling in specific locales or by specific fleets.
b. Increased sales by retail stores of low and no-VOC household products.
c. Replacement of gasoline-powered equipment with lower polluting equipment.
(4) Document the participation of at least 3 larger businesses/fleets in at least one of the
following:
a. Clean Air Minnesota's Proiect GreenFleet.
b. U.S, EPA's SmartWay Transport program.
c. Installation of auxiliary power units that reduce truck and bus idling,
(5) Install at least two public charging stations for plug-in hybrid and full electric vehicles.
Required: BP #24 and
5 Economic and Community Development Best Practices I BP #25 and ONE
i other BP
- -- - I
24. Benchmarks & Commu!lity E'!.g~gement -- Required BP
(1) Report progress annually to community members on implementation of GreenStep City Required action
best practices, including energy/carbon benchmarking data if gathered.
- (2)-OrganiZeg6alsjoutcome measures from alrcrty plans - comprenensive, parks;llbrary,
housing, stormwater, drinking water, transportation, economic development, energy, Required action
sustainability, etc. - and annually report to community members data that show progress
toward meeting these goals.
,- (3)-Engage community members in a public process involving a city council committee or
community task force that results in city council adoption of and commitment to measure
and report on progress toward sustainability indicators.
(4) Conduct or support an energy efficiency or sustainability education and action campaign
for:
a. The entire community
b. Homeowners
c. Block clubs/neighborhood associations
d. Congregations A city that chooses to
Page 12 of 15
e. Schools and youth complete at least
(5) Conduct or support a community education. visioning and planning initiative using a ONE additional action
sustainability framework such as: may claim credit for
a. Strong Towns implementing two
b. Transition initiatives best practices.
c. Eco-municipalities/The Natural Step
d. ISO 14001
e. Post Carbon Cities
f. Permaculture
g. Natural Capitalism
h. Genuine Progress
i. Healthy communities
j. Multi-generation learning
- - - - -
25. Green Business Develo!-lment Reguired
I-.--,~- - -
(1) Identify new and emerging local businesses in the green economy and support these
businesses and green jobs through one or more of the following:
a. Coordinated marketing and business assistance,
b. Incubator space.
c. Streamlined grants, loans or permitting processes.
d. Workforce training opportunities with community colleges and job training
centers.
(2) Invite assistance providers. including utilities, to conduct personalized energy,
environmental sustainability, benchmarking, and waste audits with at least 5 businesses.
(3) Distribute green tourism resources to all tourism and hospitality businesses in the city Complete at least
and facilitate follow-up with at least five businesses to assist them in greening their business, TWO actions.
(4) Support the creation of a value-added business utilizing local waste products. such as
wood from felled trees or reusable deconstruction and landscaping materials,
(5) Document steps taken to lower the environmental footprint of a brownfield
remediation/redevelopment project.
(6) Use a green business certification program to publicly promote that a targeted number
or percentage of businesses has improved the environmental performance of their company.
(7) Conduct or participate in a buy local campaign. working with local organizations and
assistance providers.
(8) Work with the state Small Business Environmental Assistance Program (SBEAP) to help
at least 5 businesses to use SBEAP services.
26. Renewable Energy Optional
(1) Adopt, with modifications as necessary, at least one of the following from Minnesota's
2009 Model Ordinances for Sustainable Development:
a. Solar energy standards,
b, Model wind energy ordinance,
(2) Consistently promote at least one of the following:
a. A local utility's green power purchasing program for homes and businesses.
Page 13 of 15
b. local, state and federal financial incentives for property owners to install
renewable energy systems.
(3) Create a renewable energy financing program for property owners to install generation
capacity.
(4) Promote firms that contract with property owners (in groups or individually) to
install/financeJenewable installations, some at little or no upfront cost.
(5) Install a public sector renewable energy technology. such as solar electric (PV), solar hot
water or hot air, micro-hydro or wind.
(6) Work with private/public partners to create renewable energy generation capacity with
one or more of the following attributes:
a. Fueled by flowing water, wind, or biogasO-.
b. Fueled in part or whole by woody biomass, optimized for minimal air and other
environmental impacts and for energy efficiency and water conservation,
c. Distributing heating/cooling services in a district energy system.
d, Producing combined heat and power.
(1) Incorporate working landscapes - agriculture and forestry - into the city by adopting,
with modifications as necessary, one or more of the 2009 Minnesota Model Ordinances for
Sustainable Development:
a. Agriculture and Forest Protection District
b. local Food Production District
c, Performance Standards for Minor and Major Agricultural Retail.
(2) Permit the incorporation of food growing areas/local food access into a residential
development.
(3) Expand/strengthen or create at least one of the following:
a. A farmer's market.
b, A community-supported agriculture (CSA) - arrangement between farmers and
community members/employees.
c. A community or school garden. orchard or forest.
d, A rural grocery store.
(4) Conduct at least one of the following campaigns to measurably increase:
a. Purchase of local and Minnesota-grown food.
b. Backyard gardening.
c, Institutional buying of local foods by schools, hospitals/nursing homes,
restaurants and hotels, or grocery stores
d. Sale of local food in markets and restaurants.
28. Business Synergies
(1) Help at least three businesses register as users of the Minnesota Materials Exchange and
document their exchanges/sales of byproducts with other local/regional businesses,
(2) Assist at least one business, through a voluntary coordination or incentive program, to
use waste heat or water discharge from another business or city facility.
(3) Require, build or facilitate at least four of the following in a business/industrial proiect:
a. Shared parking/access.
b. Shared recreation /childcare facilities.
Page 14 of 15
If implementing this
BP, complete at least
TWO actions.
Optional
If implementing this
BP, complete at least
ONE action.
Optional
c, A green job training program.
d. Green product development, manufacturing or sales. If implementing this
e. Buildings located within walking distance of transit and/or residential zoning. BP, complete at least
f. Renovated buildings. ONE of actions (2) -
g, Buildings designed for reuse. (4).
h. Green buildings built to exceed the Minnesota energy code,
i. Combined heat and power (CHP) generation capacity,
j. Shared geothermal heating/cooling.
k. Low-impact site development.
(4) Use eco-industrial park tools to identify industrial facilities that could achieve economic
and environmental benefit by co-locating in the city's industrial park or industrial zone.
Any THREE additional
From among all the best practices (1 - 28), the "floating BP" requirement: best practices
TOTAL BEST PRACTICES IMPLEMENTED TO BE RECOGNIZED AS A STEP 3 GREENSTEP CITY 16
Page 15 of 15
Minnesota GreenStep Cities
e).A
Page 1 of2
Home I The 28 best practices I How to become a GreenStep City I City log-in I Contact/Feedback
Steps to becoming recognized as a GreenStep city
Of Minnesota's 855 cities, approximately 500 are under 1.000 in population, 83% are under 5,000 in population, and 35 have a population over
25,000, With such a diversity of cities, no one set of process steps will fit all cities in organizing work to become a GreenStep City, Depending on your
city, work may start mostly at the city staff or city council level and fit well into existing plans and efforts, moving later to incorporate and leverage work
efforts by civic organizations, Or the impetus for implementing GreenStep best practices may start with a civic group and be mostly done by
community members and community organizations. with the city council in a supportive and active role as needed,
Thus the abbreviated list of organizing steps below must be seen as a rough guide, to be adapted by each city, For more details under each step,
download the full Organizing Steps Guide,
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Build community knowledge and interest.
Anyone can start this,
Become familiar with GreenStep best practices,
Talk with key people and organizations in your city,
Invite, as needed, a GreenStep program representative to your city,
Conduct an inventory of completed, planned and desired best practices,
Discuss with an official city body.
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What are the
benefits
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GreenStep city?
Approve a city council resolution to work toward GreenStep Cities
recognition.
Use the sample resolution,
Introduce a resolution to the city council.
Specify a GreenStep coordinator and a few best practices to implement.
Register and post initial information on the GreenStep Cities web site.
E-mail your city resolution and GreenStep contact information to the MPCA,
Enter simple information about your city,
Indicate which best practices the city initially plans to implement.
Provide brief detail on best practices previously implemented,
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Congratulations! You are now recognized as a Step One GreenStep City! In 2011 there will be Step One recognition
artwork/materials you can use to let others know of your accomplishment.
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As needed, educate city staff and officials about sustainability.
Convene a small working group,
Specify implementation action(s) and a lead person for each best practice,
Prepare a simple work plan for implementing each best practice,
Have your GreenSteps steering committee review each best practice work plan,
Present the best practice plans to a city body or to the city council as appropriate.
Begin working to implement best practices.
Keep everyone moving and celebrate success.
Clarify, as needed, what constitutes completing an action with the MPCA GreenStep program
coordinator,
Briefly describe implemented best practices on the GreenStep web site,
Request credit for any "custom actions."
Congratulations! When you have implemented 4, 6 or 8 best practices (depending on your city category) you are
now recognized as a Step Two GreenStep City! In 2011, there will be Step Two recognition artwork/materials you can
use to let others know of your accomplishment.
http://greenstep.pca.state.mn. us/steps.cfm
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12/8/2010
Minnesota Gre~Step qtiei"'-
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Keep working on best practices.
Page 2 of2
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Implementing a particular best practice action may take months or one to two years,
Be alert to opportunities to cDmplete multiple best practice actions at Dnce,
Check back with the city cDuncil as needed.
Report yearly tD community members,
As YDur work proceeds, give us feedback Dn the program,
Congratulations! When you have implemented 8, 12 or 16 best practices (depending on your city categDry) you are
now recognized as a Step Three GreenStep City! During 2011 there will be Step Three recognition artwork/materials
you can use to let others know of your accomplishment.
GreenStep Cities Step Four
GreenStep Cities Step Four prDgram requirements will be developed during 2011, as we learn frDm
cities during 2010, to challenge recDgnized GreenStep Cities tD implement mDre actiDns and be
recDgnized fDr these accDmplishments, We think GreenStep best practices will result in multiple benefits
fDr YDur city and that YDu'1I want tD cDntinuDusly work Dn best practices that make YDur city mDre
sustainable,
Minnesota PDllutiDn CDntrDI Agency I Contact I Web site policy
http://greenstep. pca.state.mn. us/steps.cfm
12/8/2010
~15
.
Organizing steps to becoming recognized as a GreenStep City
Of Minnesota's 855 cities, approximately 500 are under 1,000 in population, 83% are under 5,000 in
population, and 35 have a population over 25,000. With such a diversity of cities, no one set of process
steps will fit all cities in organizing work to become a GreenStep City. Depending on your city, work
may start mostly at the city staff or city council level and fit well into existing plans and efforts, moving
later to incorporate and leverage work efforts by civic organizations. Or the impetus for implementing
GreenStep best practices may start with a civic group and be mostly done by community members and
community organizations, with the city council in a supportive and active role as needed.
Adapt this guide as best fits your city and the individuals who are working to make your city a
GreenStep City.
1. Build community knowledge and interest.
o Anyone can start this: a city staff person, an interested citizen, a citizen member of a city council
committee, commission or task force, a mayor, city council member, business association member,
civic association member, environmental or public health group, renewable energy advocate, etc.
o Become familiar with GreenStep best practices and which of them other cities in Minnesota have
implemented. Determine your city category so you know the minimum number of best practices
your city must have implemented to be recognized as a GreenStep City, Step Three.
o Talk with key people and organizations in your city, discuss at existing meetings, and convene special
meetings to discuss as appropriate.
o Invite. as needed. a GreenStep program representative to come visit your city and talk about
GreenStep. Contact the MPCA's GreenStep Cities program coordinator to discuss who might be
available.
o Inventory completed. planned and desired best practices. Some cities find it important to prepare
this inventory before seeking a city council resolution, and use a student intern to assist them,
o Discuss with an official city body. This could be a city council, a council committee, a city commission
or task force, or some other group charged by city government to work on civic improvement.
2. Approve a city council resolution to work toward GreenStep Cities recognition.
o Use the sample resolution and modify it as needed in discussion with city council members or in a
city council committee meeting,
o Introduce a resolution to the city council. Depending on the practice in your city, more or less detail
will have to be spelled out in the proposed resolution,
o Specify in the resolution - or direct city staff to determine later - (1) a GreenStep coordinator for
your city (the coordinator could be an existing city staff person or entity, or task force, or an
appointed community member), and (2) a short list of which GreenStep best practices the city
initially plans to implement.
3. Register and post initial information on the GreenStep Cities web site.
Note: During summer and fall 2010 the MPCA may need to enter information onto the GreenStep web site
for you until the web site is fully interactive and self-serve.
o E-mail your city resolution and GreenStepcontact informationtothe MPCA.This will allow the
MPCA to set up a web account on the GreenStep Cities web site for your city.
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a Enter simple information about your city on the web site - details including city population, city
category and city web site address.
a Indicate which best practices the city initially plans to implement. This will help the GreenStep Cities
steering committee and others understand in which topical areas cities have a strong interest and in
which areas training and greater assistance may be most important.
a Provide brief detail on best practices previously implemented. For example, if you check off the
action Increase the number of bike facilities under the Mobility Options best practice, tell us how
many, for example, bike racks the city/the city and its partners installed, a web address on your city
web site (if any) that talks about your efforts (or upload a planning document you may have used,
such as an area bike plan), any success measures (such as: bike path use increased 20% during
2005), and the name and e-mail of the person most knowledgeable about this accomplishment so
that other cities seeking to replicate your success can learn from it. Some cities may find it
easier/cheaper to use a student intern to gather and post this information.
Y Congratulations! You are now recognized as a Step One GreenStep City! During fall 2010 there will
be Step One recognition artwork/materials you can use to let others know of your accomplishment.
4. Get organized to begin work on implementing best practices.
a As needed, educate city staff and officials about sustainability. Sustainability may not be the term
used by your city, but current actions the city may be taking to increase city resiliency to financial
pressures, to increase livability and to prevent future environmental costs certainly fall under the
sustainability focus of GreenStep Cities and should be understood by elected officials and staff.
a Convene a small working group. The GreenStep coordinator for the city should call together key
people within city government (and outside of city government as appropriate at this stage) to make
decisions such as:
· How to work with existing city/civic groups and initiatives to implement best practices
· Who should be on a GreenStep steering committee (which could be an existing group), what
this committee needs to do (e.g., review progress on implementing best practices), and how
often it needs to meet
· How often and using what criteria the GreenStep steering committee should report back to
the city council
a Specify implementation action{sl and a lead person for each best practice. A GreenStep steering
committee - which could be the initial small working group or a city commission - should take the
short list of best practices the city identified in its resolution for implementation, and identify:
· Which specific action(s) under each best practice will be investigated/worked on
· Which person - a "best practice lead" - should prepare a simple work plan for how to
implement the action(s)
a Prepare a simple work plan for implementing each best practice. Have best practice leads - these
could be non-paid community members, or members of a city environmental commission - draft a
simple work plan. The work plan should specify exactly (1) who would do (2) what and (3) when
using (4) what types of resources (money, volunteers, county help, utility funds, etc.). Be alert to
how proposing slight changes in what a city is already planning to do can accomplish a best practice
action. GreenSteps is mostly about doing things smarter and spending money that returns multiple
benefits, not about spending more money or finding grant money. The following should make
preparing the work plan easier:
· Read implementation resources on the GreenStep web site for the best practice, which
often include case studies, to refine how you will implement the best practice in your city
· Talk with city staff/officials
· Talk with others from the community
· Talk with trusted resource organizations, including consultants and utilities
· Contact the MN GreenStep Cities best practice advisor for the relevant best practice as
needed
· Read on the GreenStep web site how other cities have implemented the best practice, and
contact the people listed there to learn more information
o Have your GreenSteps steering committee review each best practice work plan and make changes
as appropriate.
o Present the best practice plans to a city body or to the city council as appropriate.
5. Begin working to implement best practices.
o Keep everyone moving and celebrate success. At periodic meetings of your GreenStep steering
committee, have best practice leads report on accomplishments, barriers, and next steps. Work
together to overcome barriers, change plans as needed, and find ways to accomplish multiple
actions through a common strategy.
o Clarify. as needed. what constitutes completing an action with the MPCA GreenStep program
coordinator. For example, an administrative directive is probably substantially equivalent to a city
council-adopted policy, but feel free to make a phone call to clarify an issue such as this.
o Briefly describe completed best practice actions on the GreenStep web site as you did in step 3
above when first registering with the GreenStep Cities web site,
o Request credit for any "custom actions," If you end up implementing an action quite different from
any of the action options presented by the GreenStep Cities program, but an action consistent with
the goal of the best practice, contact the GreenStep Cities coordinator at the MPCA. Your request
will be reviewed with the statewide GreenStep Cities steering committee. Your action might be
approved for listing as a custom action and perhaps also may be of a type that should be added to
the list of action options for the future. But be aware that a custom action involving educating
community members or preparing plans will likely not count toward implementation of a best
practice, as the GreenStep Cities program is mostly about taking actions with measurable
sustainabilityoutcomes.
>- Congratulations! When you have implemented 4, 6 or 8 best practices (depending on your city
category) you are now recognized as a Step Two GreenStep City! During fall 2010 there will be Step
Two recognition artwork/materials you can use to let others know of your accomplishment.
6. Keep on working and be recognized for higher steps.
o Implementing a particular best practice action may take months or years. The GreenStep Cities
program requirements have been set with the expectation that any city can implement 8, 12 or 16
best practices (depending on city category) and become a Step Three GreenStep City within three
years. But implementing the required best practices and the minimum number of optional best
practices might take some cities longer or shorter than three years, depending on the different
assets and capabilities of each city. Program requirements will be reviewed and adjusted carefully
each year to keep the implementation actions for best practices challenging yet doable.
o Be alert to rare opportunities. Projects like street repaving, waste water plant breakdowns, or
receiving a grant for housing loans each afford a city the chance to complete multiple best practice
actions at once, Be ready with plans for making the most of these opportunities,
o Check back with the city council as needed, Ongoing or planned best practice implementation may
fit in with new city efforts and can be shaped in discussion with the council.
o Report yearly to community members on GreenStep accomplishments. This is a required action for
all cities. Use various media, and existing communication vehicles and venues. Look for a sample
reporting template on the GreenStep web site during late 2010.
o As your work proceeds. give us feedback on the program. Let us know how we can make the
program materials aide you better in implementing actions.
Y Congratulations! When you have implemented 8, 12 or 16 best practices (depending on your city
category) you are now recognized as a Step Three GreenStep City! During 2011 there will be Step
Three recognition artwork/materials you can use to let others know of your accomplishment.
o GreenStep Cities Step Four program requirements will be developed during 2011, as~we learn from
cities during 2010, to challenge recognized GreenStep Cities to implement more actions and be
recognized for these accomplishments. We think GreenStep best practices will result in multiple
benefits for your city and that you'll want to continuously work on best practices that make your city
more sustainable.
Minnesota GreenStep Cities
Home I The 28 best practices I How to become a GreenStep City I City log-in I Contact/Feedback
Frequently Asked Questions
What are the benefits of implementing the GreenStep best practices?
The answers to this question will be different for different cities, but here is a list of answers we have been hearing from interested cities and around
which we have been designing the program. We think the GreenStep best practices
Are a continuous improvement pathway for cities to "go green," become more sustainable and resilient.
Will save city staff time in researching cost-effective actions for cutting energy use, decreasing the city's carbon footprint, and accomplishing other sustainabllity goals that
exceed regulatory requirements,
Will save cities money and deliver a stream of multiple environmental, social and financial benefits,
Are tailored to Minnesota cities and provide maximum flexibility and choice in how to implement a proven best practice.
Flesh out how to follow-through on the U.S, Mayors Climate Protection Agreement. signed by over 40 Minnesota cities, and the Minnesota Legislature's aggressive Next
Generation Energy Act.
Provide leadership and action roles for community members and institutions so as to stretch limited city funds and strengthen a civic culture of innovation,
What sort of recognition and benefits are there for a GreenStep City?
Recognition will take several forms and evolve over the next few years, Currently in the works:
Annual recognition at the June conference of the League of Minnesota Cities,
Artwork and recognition materials (such as logos, sample press releases) will be ready for downloading in fall 2010,
A sponsorship program is envisioned to raise cash awards for cities, to recognize many dimensions of city accomplishments, such as: completing the most actions;
completing the "hardest" actions; completing the most new actions during one year.
Other benefits of GreenStep City recognition are under consideration: publicity of your city's completed actions via the League of Minnesota Cities' Twitter feed: priority in
securing a one-year AmeriCorps-funded Minnesota GreenCorps member; prionty in securing free consultant help via the Minnesota Climate Change Corps,
Your city's accomplishments will be visible on the GreenStep web site, the most comprehensive web site in Minnesota devoted to city innovation and accomplishment.
Four steps of recognition exist currently:
Step One: for cities that have passed a city resolution, posted city information on the GreenStep website, indicated which best practices the city initially plans to
implement, and described already implemented best practices,
Step Two: for cities that have implemented 4, 6 or 8 best practices (depending on city category),
Step Three: for cities that have implemented 8,12 or 16 best practices (depending on city category),
Step Four program requirements witt be developed during 2011, as we learn from cities during 2010, and will be designed to challenge recognized GreenStep Cities to
implement more actions and be recognized for these accomplishments,
What if my city is collaborating with surrounding townships, or the surrounding county or school district?
While the GreenStep Cities program recognizes best practice actions taken by or catalyzed by city government and occurring within city limits, some
cities may choose to report actions taking place within and outside of city boundaries If your city is working with adjacent areas, let us know by listing
(when you register on the web site) the township(s) by name and/or the school district with whom you are working to implement best practices that
affect territory within and outside of the city proper,
What are the city categories and why have them?
Cities with greater capacity for making civic improvements are able to implement more best practices and "harder" actions,
But city capacity is not tightly tied to city population: a small city in the Twin Cities metro area for example benefits, by taking no action themselves,
from access to existing regional systems such as transit, wastewater, water and stormwater that a city with the same population in Greater Minnesota
does not. So the GreenStep program has each city complete a simple 1 O-question spreadsheet to determine their city category, In general:
Category C cities have no or only a handful of city buildings and staff
Category B cities have over a dozen buildings and staff, maintain roads, and have a public works and planning/development department
Category A cities are within a metro area or serve as a regional economic and service center. They are served by regular transit routes and have distinct commercial and
industrial areas,
If the spreadsheet classifies your city in a category that does not seem fair or make sense to you, please contact the MPCA's GreenStep Cities
program coordinator,
http://greenstep. pca.state.mn. us/fag .cfm
12/8/2010
Minnesota GreenStfp..ities Page 2 of 3
., ~ ~
May my city claiTn c}edit for best practice actions completed years ago?
Yes
We think most cities will be pretty close to being recognized at Step Two once they log on to the web site and post information about already
implemented best practices, The only caveat to claiming credit for previous actions is that. if the action is an ongoing action - for example, qualify as a
Tree City USA, or purchase 15% of city energy requirements from renewable energy sources, or limit barriers to higher density by code - the city must
currently be qualifying for, funding, staffing or keeping in force those actions,
How do the GreenStep best practices fit in with my city's existing programs and plans?
The GreenStep program focuses cities on completing and publicly documenting specific actions from a limited pallet of 163 actions, We anticipate that
cities have or will develop specific programs and plans that facilitate completion of GreenStep actions and other city,chosen actions,
Who picked the best practice actions and why?
The GreenStep Cities report to the Legislature details the dozens of city representatives and topical experts involved in developing the best practices.
This input. in addition to review of 13 state-level sustainability challenge programs across the U,S, (see links to these other programs), has resulted in
what the GreenStep Cites steering committee thinks are truly best practices for cities as they strive to meet their sustainability goals,
Why are some best practices and a handful of actions required?
Nine diverse best practices float to the top as essential to a city becoming more sustainable, and must be implemented by all but the smallest cities in
order to be recognized as a GreenStep City,
Think of them as college distribution requirements (that ensure a student rounds out his/her education), Implementing these best practices will:
Make your buildings more energy-efficient, healthier, and cheaper to operate
Make land use regulations legally defensible and publicly supported
Make moving around the city possible, pleasant, free and healthful without always using a car
Save money and cut energy use by smarter city purchasing
Exceed stormwater requirements and mitigate cost liabilities at a cheaper long-term cost
Provide community members with engagement options and a scorecard of city performance
Strengthen city tax base via business assistance
Within these nine best practices - as is the case for almost all the best practices - cities almost always have a choice as to which specific action or
actions to complete in order to claim credit for implementing the best practice, There are fewer than a dozen required actions out of 163 total actions,
And among the approximately 155 action options, there are "easier" actions and "harder" actions that cities can choose, Larger cities, which tend to be
category A cities, generally need to do more actions and "harder" actions in order to implement a best practice,
Will the best practice actions and program requirements change over time?
Yes, but we anticipate only a few small changes over time, Based on an annual cycle of feedback from cities and topical experts during March and
April, and based on changes in technology, financing, regulations, state-wide assistance, and other factors, we think modifications will be needed to
keep the suite of actions and the program requirements current, relevant to cities, and challenging yet doable
Are there different types of actions?
Actions tend to fall into these categories, which correspond to the typical tools a city uses to make civic improvements:
Changes in city policy, ordinances, regulations
Investments of financial capital or a commitment to funding operating costs
Development and staffing of city assistance programs - financial, informational, educational
Collaboration with and leveraging the resources of others, such as business groups and the county
What if my city has done/wants to do an action not on the list?
Other actions that meet the overall goal of a specific best practice can also satisfy program requirements,
Ideally they will be a variation on one of the existing actions, and should be reported as completion of an existing action, But if they are so
substantially different than any of the action options, then they can be reported as a custom action and the GreenStep City's steering committee will
review the submission to assure its conformance with minimal standards, Feel free to contact the GreenStep Coordinator at the MPCA to discuss
possible custom actions, but note that only one custom action per best practice is allowed,
What are the cost/benefit indicators on the best practice sheets?
Each best practice includes four or five icons that serve as a quick reference or indicator regarding how the best practice meets three sustainability
goals:
1, Effectiveness at reducing GHG emissions, If the best practice is successfully implemented, how much will the community's greenhouse gas emissions be reduced, and
what is the time frame for the reduction?
2, Implementation costs, What are the short-term and long-term costs of implementing this best practice?
3. Return on investment. Are there cost savings associated with implementing the best practice?
http://greenstep.pca.state.mn. us/faq .cfm
12/8/2010
Minnesota GreenStep Cities
Page 3 of3
Indicators, not analyses. These are general indicators rather than analytical summaries, showing information only at the most general level. For
instance, does best practice #19, improving surface water quality, have a low, medium, or high impact on a community's carbon footprint? While the
effect on community GHG emissions will vary somewhat depending on the specific water quality actions and the community context, the general
answer is "low," Therefore, if your city's top priority is to reduce GHG emissions, then implementing the surface water quality best practice will be a
lower priority than implementing best practices with a potentially "high" impact on GHG emissions, such as public or private sector buildings energy
efficiency (best practices #1 and #2).
Moreover, these indicators must be understood within the context of the other information also provided in the best practice sheet. The best practice
sheets refer the reader to more detailed analysis of the GHG reduction potential of specific actions, and the costs and benefits associated with some
of the actions, The indicators provide information at a quick glance; the other references provide more thoughtful and quantitative assessments and
where available and known to us, calculators,
The Effectiveness Indicators, The first icon - High, Medium or Low - states the potential effect of implementing the best practice on community-wide
GHG emissions, Actions that affect only a small segment of community-wide emissions, such as improving the efficiency of public buildings (best
practice #1) will have a smaller impact than actions affecting private buildings, The icon shows potential effects for the best practice rather than "likely"
effects, because what is "likely" will widely vary by community and by specifiC action(s) taken,
The second icon - Short, Medium or Long - states whether the potential impact is a short-term or long-term result. The effect of actions that are
directed at influencing private sector investment or changes in public sector infrastructure may be measured in decades The effect of energy
efficiency improvements in public buildings are measured in years (or even months in some instances),
The Implementation Cost Indicators. These two icons compare the initial costs with the ongoing costs of implementing the best practice, They give
an idea of likely upfront costs and likely ongoing costs, Generally they show the public and private costs of implementing the best practice, Best
practices that are directed at mandating change in the way investments (public infrastructure or private development) are made will show a high
upfront cost. Best practices that are primarily education or incentive efforts directed to community members or businesses have low upfront costs,
even if the desired action by the resident or business has an investment or capital cost element.
Return on Investment. This indicator is only provided for those best practices that are likely to result in fiscal payback over the life of the best practice,
The indicator refers only to economic costs, not to social or environmental costs and benefits Furthermore, the indicator refers only to economic
returns to the person, business, or governmental entity that is bearing the direct costs of the actions,
Can my city calculate the benefits of a contemplated or completed action?
For many of the 163 GreenStep actions, yes,
Within each best practice sheet is a "Benefits" section that lists, where we have indentified them, web sites with calculators of environmental. financial
and social benefits of implementing the GreenStep actions, or similar actions As of 2010 there exists one large, free, downloadable spreadsheet-
The Climate & Air Pollution Planning Assistant (CAPPA) - comprising over 100 separate calculators that are relevant to a majority of the 163
GreenStep City best practice actions, CAPPA can provide useful estimates for planning purposes, but it might not be an appropriate substitute to
some other kind of measurement and verification in order to officially claim reductions, In some cases it appears that CAPPA simply uses educated,
best estimates for what sort of greenhouse gas reductions a specific action can achieve,
CAPPA has default settings for the degree to which a city government and/or a community would implement a specific action, and changeable factors
such as the price of electricity, Each calculator then produces numbers for money invested and saved, energy use reduced, carbon reduced,
calculations of criteria pollutants reduced, and other calculations dealing with, for example, water, There is also an estimate, on a 1-5 scale, of:
Initial implementation cost
Operation and maintenance costs
Financial return on investment
Implementation timeframe
Level of effort required by local government staff
Degree of implementation control held by local government
Download the CAPPA spreadsheet at http://www.icleiusa.org/resource-downloader?resource=83c885bca9295b778b86d6562949c166 and the user
guide at http://www.icleiusa.org/action-center/toolsflCLEI_CAPPA%20User%20Guide,pdf For an annotated guide from the Great Plains Institute that
correlates CAPPA calculators with GreenStep actions, contact the MPCA's GreenStep program coordinator.
Can I be certified as a green city, as opposed to being recognized as one?
The short answer is yes but not until 2011,
The STAR Community Index, to be launched later in 2010, is a national framework for gauging the sustainability and livability of U,S, communities,
The Index appears to be appropriate for large Minnesota cities that want to spend money measuring and more rigorously certifying their sustainability
achievements, It is being developed through a partnership between ICLEI USA, the U,S Green Building Council, and the Center for American
Progress, What LEED certification has become for buildings, the Index aims to become for entire communities, When the Index is completely up and
running, it could be that certification under it would automatically constitute Step Three or Step Four GreenStep City recognition See more at
http://www.icleiusa ,org/star
e
Minnesota Pollution Control Agency I Contact I Web site policy
http://greenstep. pca.state.mn. us/fag .cfm
12/8/2010
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
FROM:
Tony Wippler, Assistant City Planner
SUBJECT:
Draft Ordinance - amending Sections 10-3-6 (Variances) and 10-4-2 (Nonconforming Uses) and
Adding Section 10-4-7 (Expansion of Lawful Nonconformities)
DATE:
December 14, 2010
INTRODUCTION
Attached, for the Commission's review is a draft ordinance amending Sections 10-3-6 and 10-4-2 regarding variances
and nonconforming uses, respectively. The ordinance also includes adding Section 10-4-7 authorizing the Expansion of
Lawful Nonconformities.
DISCUSSION
The reason staff is suggesting the changes identified in the draft ordinance is twofold. First, the City's nonconforming use
code (section 10-4-2 - attached as Ex. "A"), is outdated and somewhat overtaken by changes to state laws that regulate
nonconformities. Secondly, as you mayor may not remember, variance law has been modified with a recent court
decision that changes the undue hardship requirement (attached as Ex. "B" is the staff memorandum from the September
14th Commission meeting regarding this issue), making approving any variances very difficult. This is important because
historically, the majority of past variances that have been granted by the City have been for nonconforming properties
and/or uses.
Many of the changes proposed in the draft ordinance reflect State law regarding nonconformities and variances.
Additionally, the ordinance adds a section (10-4-7) of code for the expansion of legal nonconformities. Within this
proposed section, the nonconformities are broken down into three categories (nonconforming uses, nonconforming
building and structures, and nonconforming lots) and the regulations regarding expansions for each category are outlined.
Staff feels the proposed ordinance amendments will dramatically improve staff's (and the Commission's) ability to
regulate nonconformities while also providing a mechanism for the expansions of nonconformities in certain
circumstances.
ACTION REQUESTED
Please review the draft ordinance and provide comments and/or suggestions regarding the ordinance.
Respectfully submitted,
~~~i~Planner
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 10-3-6 AND 10-4-2
OF THE ZONING CODE CONCERNING VARIANCES
AND NONCONFORMING USES, RESPECTIVELY AND ADDING SECTION 10-4-7
AUTHORIZING THE EXPANSION OF LAWFUL NONCONFORMITIES
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Section 10-3-6 is amended by adding the underlined language and deleting the
strikethrough language below as follows:
10-3-6: VARIANCES:
The board of adjustment shall have the power to hear requests for variances from the literal
provisions of this title in instances where their strict enforcement would cause undue hardship
because of circumstances unique to the individual property under consideration, and grant such
variances only when it is demonstrated that such actions will be in keeping with the spirit and
intent of the ordinance. The board ofadiustment may vary from the requirements of this title, and
te attach conditions to the variance as it deems necessary to assure compliance with the purpose
of this title and to protect adiacent properties.
(A) The following exhibits shall be required unless waived by the zoning officer:
1. A boundary surveyor an area survey including the property in question and 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.
(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.
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.
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. (Ord. 002-469, 2-19-
2002)
(C) The board of adjustment may vary the regulations of this title where their strict enforcement
would cause undue hardship. An undue hardship exists if the board of adiustment determines
if all of the following requirements are met: (Ord. 004-512, 8-2-2004)
1. Because the particular physical surroundings, or the shape, configuration, topography, or
other conditions of the specific parcel of land involved, strict adhcrence to the regulations
of this title would cause undue hardship. Economic consideration alone shall not constitute
an undue hardship if reasonable use for the property exists under the terms of this title. The
property in question cannot be put to a reasonable use ifused under conditions allowed by
the official controls. In cases approving a variance application, the Board must determine
that unless a variance is granted the property will not be able to be put any reasonable use.
2. The plight of the landowner is due to circumstances conditions upon '.vhich a variance is
based are unique to the parcel of land, such as its physical surroundings, shape,
configuration, topography for which the variance is sought and are notapplicable, 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
injurious 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.
7. Economic considerations alone shall not constitute an undue hardship if reasonable use for
the property exists under the terms of the ordinance.
(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 of the city
council. (Ord. 002-469, 2-19-2002)
SECTION 2. Section 10-4-2 is amended by adding the underlined language and deleting the
strikethrough language below as follows:
10-4-2: NON CONFORMITIES NONCONFORM:INC USES:
(A) Purpose: It is the purpose of this section to provide for the regulation of nonconforming
buildings, structures, uses, and lots, and to specify those requirements, circumstances, and
conditions under which nonconforming buildings, structures. uses. and lots will be operated,
maintained, and regulated. It is necessary and consistent with the establishment of this Chapter
that nonconforming buildings, structures, uses, and lots not be allowed to continue without
restriction. Furthermore, it is the intent of this section that all nonconformities shall be eventually
brought into conformity.
(B) General Provisions:
I. Conditional Uses / Interim Uses: Any legal nonconforming structure or use that is herein
classified as either a conditional or interim use may be continued in like fashion and activity
and shall automaticallv be considered as having received the applicable approval. Any
change to such a use, including, but not limited to, building and/or site alteration, shall
however require a new permit be processed according to this title.
2. Subdivision: No parcel of land or portion thereof shall be subdivided if such action results
in buildings, structures, lots or uses becoming nonconfonning.
(A) The board of adjustment shall have the pO'Ncr to authorize changes of lawful nonconforming
uses as a nonconforming use which occupies a portion of a structure may be extended \vithin
such structure as it existed \"hen this zoning title was enacted but not in violation of the area
and yard requiremcnts of the zoning district.
EB1 LNonconforming uses in floodplains shall comply with requirements listed in chapter 5 of
this title. The following provisions shall apply to all other nonconforming uses:
+.4. Continuance of Legal Nonconformity: Any nonconformiRgty, including the lawful use
or occupation of land or premises existing at the time of adoption of an additional control
under this chapter, use may be continued, including through repair, replacement. restoration,
maintenance or improvement but may not be cxtcnded, expanded or changed unless to a
conforming use, except as permitted by the board of adjustment in accordance with the
provisions of this title, Maintenance of a building or other structure containing or used by a
nonconforming use shall be limited to necessary nonstructural repair and incidental
alterations which do not extend or intensify the nonconforming building or use. Expansions
of lawful nonconformities may be permitted by the board of adiustment in accordance with
Section 10-4-7 of this title
~ ~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.
;;. ~Any 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.and no
building permit has been applied for within 180 days of when the property was damaged.
In this case, the city may impose reasonable conditions upon a building permit in order to
mitigate any newly created impact on adjacent property.
~ LJn 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.
5. Normal maintenance of a nonconforming structure is acceptable including nonstructural
repairs and incidental maintenance. (Ord. 002 169,2 19 2002)
8. The minimum required setback of a principal structure or a structure accessory to a
principal structure that has a legally nonconforming setback shall be either the existing
setback or the setback as otherwise specified in this chapter, whichever is less.
9. When a legal nonconforming use of any structure or parcel ofland in any district has been
changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
10. A legal nonconforming use of a structure or parcel of land may be changed to reduce the
nonconformity of use. Once a nonconfonning structure or parcel of land has been changed, it
shall not thereafter be so altered to increase the nonconformity.
SECTION 3. Title 10 is amended by adding Section 10-4-7 to read as follows:
10-4-7: EXPANSION OF LAWFUL NONCONFORMITIES:
Definitions: For the purpose of this section, the following terms shall be defined as follows:
EXPANSION, ENLARGEMENT, OR INTENSIFICA nON: Any increase in a dimension,
size, area, volumn, or height, any increase in the area of use, any placement of a structure or
part thereof where none existed before, any addition of a site feature such as a deck, patio,
driveway, parking area, or swimming pool, any improvement that would allow the land to be
more intensely developed, any move of operations to a new location on the property, or any
increase in intensity of use based on a review of the original nature, function or purpose of
the nonconforming use, the hours of operation, traffic, parking, noise, exterior storage, signs,
exterior lighting, types of operations, types of goods or services offered, odors, area of
operation, number of employees, and any other factors deemed relevant by the city.
IMPROVEMENT: Making the nonconforming use better, more efficient, or more
aesthetically pleasing, including any change that does not replicate what preexisted, but does
not include an expansion, enlargement, or intensification.
REPLACEMENT, RECONSTRUCTION OR RESTORATION: Construction that exactly
matches preexisting conditions.
(A) Nonconforming Uses:
1. Expansion of Nonconforming Uses: The expansion of nonconforming uses that are more
intense than allowed in the district, such as the expansion of a commercial or industrial use
located in a residential zone, are not allowed, but the board of adiustment may grant, but not
required to grant, authorization to expand a nonconforming use upon the determination that:
( a) the nonconforming use is of nature or quality that is generally lower intensity regarding
on-site or off-site impacts from such things as traffic, noise, dust odors, and parking, such
as a single or two-family residential dwelling within a business, commercial or industrial
zoned area.
(b) the proposed expansion is a reasonable use of the property considering:
(l) the functional and aesthetic iustifications for the expansion
(2) the adequacy of off-street parking for the property
(3) whether the improvement increases the livability or use of the property by reducing
or ameliorating impacts on, or from, abutting properties.
(c) the expansion would be an improvement to the appearance and stability of the property
and neighborhood.
(d) the expansion would not substantially reduce the likelihood or materially impact the
time in which the property is brought into conformity.
(8) Nonconforming Buildings and Structures:
1. Proposed Structure: Any proposed structure that will become nonconforming by
amendment of this title but for which a building permit has been lawfully granted prior to the
effective date of the amendment may be completed in accord with the approved plans;
provided construction is started within sixty (60) days of the effective date of the amendment,
is not abandoned for a period of more than one hundred twenty (120) days, and continues to
completion within two (2) years. The structure shall thereafter be a legal nonconforming
structure.
2. Alterations: Alterations and normal maintenance to a legal nonconfonning building or
structure may be made through the building permit process provided:
(a) The alterations do not expand the foundation and/or building size (including deck
additions), unless specifically allowed by this title.
(b) The alterations do not increase the building occupancy capacity or parking demand.
(c) The alteration does not increase the degree of the nonconforming conditions of the
building, site or the use
3. Expansion of Legal Nonconforming Building or Structures:
(a) Expansion of principal and accessory buildings found to be nonconforming only by
reason of height and yard setback may be allowed by approval of the board of adiustment
provided the expansion complies with the performance standards of this title.
(b) Conditional Use Permit: Legal nonconforming commercial, industrial, public,
semipublic, and multiple-family residential principal structures mav be expanded on the
same lot by conditional use permit provided:
(l)The expansion will not increase the nonconformity of the building or site.
(2)The new building expansion will conform to all the applicable performance
standards of this title. A conditional use permit shall not be issued under this chapter
for a deviation from other requirements of this title unless variances are also approved.
(C) Nonconforming Lots
1. General Restriction:
(a) No building, structure or use shall be erected, constructed or established on a
nonconforming lot unless a variance is granted by the city, except as otherwise provided for
by this title.
(b) An existing conforming use on a lot of substandard size and/or width may be expanded
or enlarged if such expansion or enlargement meets all other provisions of this title.
2. Required merger of Common Ownership Lots: If in a group of two (2) or more
contiguous lots or parcels of land owned or controlled by the same person, any individual lot
or parcel is nonconforming as to lot width, lot area, or lot frontage such individual lot or
parcel shall not be sold or developed as a separate parcel of land, but shall be combined with
adiacent lots or parcels under the same ownership or control so that the combination of lots or
parcels will equal one or more zoning lots each meeting the full lot requirements of this title
lessening the nonconformity.
( a) The designation of a zoning lot pursuant to this section shall be approved by the zoning
administrator if the zoning lot complies with the lot requirements of the district in which it
is located and will have a single tax identification number.
(b) Interior lot lines within a designated zoning lot shall be disregarded in applying
setbacks and other zoning ordinance standards.
(c) The subdivision of a designated zoning lot shall be in accordance with Title II of the
city code.
SECTION 4. Effective Date. This ordinance shall be effective upon its passage and publication
according to law.
ADOPTED this
day of
,20_, by the City Council of the City of Farmington.
CITY OF FARMINGTON
By:
Todd Larson, Mayor
ATTEST:
By:
Peter Herlofsky, Jr., City Administrator
SEAL
Approved as to form the
day of
,20_.
By:
City Attorney
Published in the Farmington Independent the _ day of , 20_.
Sterling Codifiers, Inc.
Page 1 of 1
1: ''A II
,-X.
10-4-2: NONCONFORMING USES:
(A) The board of adjustment shall have the power to authorize changes of lawful nonconforming uses as 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.
(8) Nonconforming uses in floodplains shall comply with requirements listed in chapter 5 of this title. The
following provisions shall apply to all other nonconforming uses:
1. 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.
2. 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.
3. Any 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
countyassessor, if replaced, shall conform to the requirements of this title.
4. 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.
5. Normal maintenance of a nonconforming structure is acceptable including nonstructural repairs and
incidental maintenance. (Ord. 002-469, 2-19-2002)
http://sterlingcodifiers.com/codebookl getBookData. php?id=§ion _ id= 183 3 34&keywords=
12/7/2010
e: 1112 II
X. D
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
FROM:
Tony Wippler, Assistant City Planner
SUBJECT:
Minnesota Supreme Court Case (Beat L. Krummenacher v. City of Minnetonka) - Variance Case
Law
DATE:
September 14,2010
INTRODUCTION / DISCUSSION
One June 24, 2010, the Minnesota Supreme Court handed down a decision on a court case involving a variance in the City
of Minnetonka [Krummenacher v. City of Minnetonka]. That court case in effect overturned the hardship criteria that
have been utilized for the past 20 years which was based upon a variance case decided by the Minnesota Court of Appeals
in 1989 [Rowell standard]. The recent ruling in the Minnesota Supreme Court case impacts the hardship criteria listed in
Chapter 10-3-6 of our Zoning Ordinance.
Additional Background
The Rowell case ruling stated that the language "the property cannot be put to a reasonable use" meant that the "property
owner would like to use the property in a reasonable manner that is prohibited by the ordinance." The question for the
court in this case was not, did they already have reasonable use of their property, but rather, was what they wanted to add
a reasonable use of the property. The court approved the variance, thereby setting the precedence that has been used by
municipalities for the past twenty plus years. The Supreme Court in the Minnetonka ruling this past June stated "we
simply cannot reconcile that standard [the Rowell standard] with the plain language of the statute." The court ruled that to
obtain a variance a property owner must prove that without the variance they will be unable to put the property to any
reasonable use. If that cannot be proved you are not entitled to a variance.
For your information, I have attached the complete opinion regarding the Krummenacher v. City of Minnetonka court
case.
With the new standard for reasonable use established by the court, it is likely the number of variances coming to the
Planning Commission for consideration will dramatically dwindle.
ACTION REOUESTED
None, this is for information only.
Respectfully submitted,
Tony Wippler, Assistant City Planner