HomeMy WebLinkAbout3/8/11
City of Farmington
430 Third Street
Farmington, MN 55024
AGENDA
PLANNING COMMISSION
March 8, 2011
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. ELECTION OF OFFICERS
a) Chair
b) Vice Chair
3. APPOINTMENTS TO COMMITTEES
a) Empire, Farmington Planning Advisory Committee [EFPAC]
b) Castle Rock Discussion Group
c) Eureka Planning
d) MUSA Review Committee
4. APPROVAL OF MINUTES
a) January 11, 2011 Regular Meeting
b) January 25, 2011 Workshop
5. PUBLIC HEARINGS
A Proud Past - A Promising Future
Committed to Providing High Quality,
Timely and Responsive Service to All
Of Our Customers
a) Conditional Use Permit allowing a Farmers' Market (outdoor sates) in the B-2 Zoning District.
Location: 3rd Street; between Oak and Spruce Street
Applicant: City of Farmington
430 Third Street
Farmington, MN 55024
6. DISCUSSION
a) Minnesota GreenStep - update
b) Residential Chic;:ken Ord. (DRAFT)
7. 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:
Tony Wippler, Assistant City Planner
SUBJECT:
Appointments to Committees
DATE:
March 8, 2011
INTRODUCTION I DISCUSSION
The Planning Commissioners need to discuss which commissioner should represent the following committee's:
a) Empire / Farmington Planning Advisory Committee [EFP AC]
This committee meets periodically to discuss topics pertinent to Farmington and Empire Township.
Council Member Fogarty represents the City Council on this committee. One Planning Commissioner is
needed to represent the Planning Commission on this committee. The 2010 PC representative was
Commissioner Bonar.
b) Castle Rock I Farmington Planning Advisory Committee
This committee meets periodically to discuss topics pertinent to Farmington and Castle Rock Township.
Mayor Larson represents the City Council on this committee. One Planning Commissioner is needed to
represent the Planning Commission on this committee. The 20 1 0 PC representative was Commissioner
Vanderbeck.
*It should also be noted that there is a Castle Rock I Farmington PAC meeting scheduled for
Thursdav. Anril21. 2011. The meeting will be held at Castle Rock Town Hall and will start at 1
PM.
c) Eureka / Farmington Planning Group
This committee meets periodically to discuss topics pertinent to Farmington and Eureka Township.
Council Member May represents the City Council on this committee. One Planning Commissioner is
needed to represent the Planning Commission on this committee. The 2010 PC representative was
Commissioner Kuyper.
d) MUSA Review Committee
This committee meets periodically to discuss the growth of Farmington and where the next extension of
sewer will occur in the future. Council Members Donnelly and Bartholomay represent the City Council
on this committee. Two Planning Commissioners are needed to represent the Planning Commission on
this committee. The Committee is also made up of two members from the Park & Recreation
Committee/staff and two members from the School District Board/staff. The 2010 PC representatives
were Chair Rotty and Commissioner Bonar.
ACTION REOUESTED
The Planning Commission should discuss and appoint who will represent the Planning Commission on each of
these committees during the 2011 calendar year.
Respectfully submitted,
~~
7~
Tony Wippl r, Assistant City Planner
Planning Commission
Minutes
Regular Meeting
January 11, 2011
1. Call to Order
Chair Rotty called the meeting to order at 7:00 p.m.
Members Present: Rotty, Bonar, Franceschelli, Kuyper, Vanderbeck
Members Absent: None
Also Present: Lee Smick - City Planner, Tony Wippler - Assistant City Planner
2. Approval of Minutes
a) December 14, 2010 Regular Meeting Minutes
MOTION by Franceschelli, second by Kuyper to approve the minutes as presented.
APIF, MOTION CARRIED.
3. Public Hearings
a) Riverbend 4th Addition Preliminary Plat
A replat of the northern end of River bend. This addition consists of31 single family lots
and 4 outlots. The replat is necessary due to a change in lot and roadway configuration.
In the original Riverbend plat (2005) an outlot was platted for a future county right-of-
way corridor (Outlot E, later replatted to outlot C Riverbend 2nd). This corridor (outlot)
as well as the portion of Dun bury Avenue stubbed to the north are no longer warranted
as the alignment for the future county road has shifted to the north. By removing the
outlot and stub road, the developer is able to add an additional 3 lots. Lot sizes will
range from 7,974 square feet to 19,848 square feet. Parks and Recreation Director
Distad has reviewed the preliminary plat and is satisfied with the proposal for trail
placement. Engineering has reviewed and is recommending approval of the Riverbend
4th addition preliminary plat contingent upon submittal and approval by the City's
Engineering Division of construction plans for grading, stormwater and utilities.
Scott Bass - 18120 Echo Drive - concerned about protecting his property line and feels
the developer has planted a pine tree on this property. He has no problem with the tree
just wants it noted that it was planted on his property. Rotty asked if his concern was
with property lines. Mr. Bass indicated that was correct. Tom Wolters, representing
Mattamy Homes, explained that the western property lines have been staked several
times in the past and that surveying will occur many more times. It was indicated by
Mr. Wolters that Mr. Bass' property corners could be located by the surveyor. Final
corners won't be placed until streets are completed. Member Bonar asked about the City
ofLakeville's use on the northern edge of River bend. Assistant Planner Wippler
indicated that Lakeville has a 25 foot area which is a trail connection that will occur
with development. Construction would begin May, June of this year. Riverbend 3rd
already has houses being constructed. MOTION by Vandebeck second by Kuyper to
close the Public Hearing. APIF, MOTION CARRIED
MOTION by Kuyper second by Franceshelli to approve Riverbend 4th addition
preliminary plat with the following conditions: 1. Approval of construction) grading and
utility plans by the Engineering department. 2. Vacation of the right-of-way for Dunbury
Avenue north of Duncan Circle and Duncan Court as platted in Riverbend pt addition.
APIF, MOTION CARRIED.
Planning Commission Minutes
January 11, 2011
Page 2
4. Discussion
a) January 25,2011 Workshop
Planner Smick noted that the commission will be reviewing the GreenStep program
and going through all items in detail at the workshop being held in the Council
Chambers at 6:00PM.
b) 2011 Calendar and Meeting dates
Assistant Planner Wippler provided to the Commission the meeting calendar for all
Boards and Commissions for 2011.
5. Adjourn
MOTION by Vanderbeck, second by Kuyper to adjourn at 7:30PM. APIF,
MOTION CARRIED.
Respectfully submitted,
-
~j~~
Approved
Sue Miller
Administrative Assistant
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:
Conditional Use Permit to allow an Outdoor Sales (Farmers' Market) use within the B-2
Zoning District
DATE:
March 8, 2011
INTRODUCTION
The City of Farmington is requesting approval of a Conditional Use Permit [CUP] for purposes of hosting a
Farmers' Market within the B-2 (Downtown Business) zoning district. The market is proposed to be held in the
right-of-way of Third Street in between Oak Street and Spruce Street. The CUP is to allow "outdoor sales" to
occur within the B-2 zoning district.
Planning Division Review
Applicant:
City of Farmington
430 Third Street
Farmington, MN 55024
Attachments:
l. Exhibit A - CUP Application
2. Exhibit B - General Site Layout & Aerial Photograph
Proposed Location:
Within the right-of-way of Third Street; in between Oak Street and Spruce Street
Surrounding Land Uses:
The market would be completely surrounded by commercial properties, which are
zoned B-2 (Downtown Business)
Existing Zoning:
ROW (Right-of-Way) within a B-2 (Downtown Business) zoning district
Comprehensive Plan:
ROW (Right-of-Way) within a commercially guided area
Current Land Use:
City right-of-way
DISCUSSSION
The City of Farmington is seeking approval of a Conditional Use Permit to allow for outdoors sales within the
B-2 zoning district in order to hold a Farmers' Market. The market is proposed to be situated on the right-of-
way of Third Street, between Oak Street and Spruce Street. The site where the Market was held the previous
two years in no longer available (property formally known as Lamperts Lumber Yard -l09 Spruce St).
A Farmers' Market falls under the zoning definition of Outdoor Sales, which is a conditional use in the zoning
district that encompasses this property (B-2). The definition for Outdoor Sales is as follows:
OUTDOOR SALES: The intermittent buying and selling plus leasing and trading of goods,
merchandise or materials where such goods are not enclosed within a building.
The Farmers' Market is proposed be held on Thursday afternoons from 3:00 PM - 6:00 PM for a period often
weeks (July 14, 2011 to September l5, 2011). The market will consist of vendors selling produce, plants, and
home produced food items. It is anticipated that the market will be an annual event; however, if the location
were to change again a new CUP would be required to be approved by the Planning Commission.
Parking
The area proposed for the market is within a B-2 Zoning District; therefore, no off-street parking is required for
the proposed use. It is anticipated that parking for vendors and customers of the market will be accommodated
by the on street parking within the downtown (excluding the portion of Third Street that the Market will
occupy) as well as the municipal parking lots found at City Hall, the Rambling River Center, Library and the 2nd
Street lot.
Signage
A sign permit indicating the official number of signs and locations will be required prior to the placement of
any signage and shall be submitted to the Planning Division every year that the event is held. This will be made
a condition of approval.
Conditional Use Permit
The City Code provides criteria that must be satisfied for the Planning Commission to grant a Conditional Use
Permit. Those criteria are:
I. The proposed use conforms to the district permitted and conditional use provisions and all general
regulations of this title.
2. The proposed use shall not involve any element or cause any conditions that may be dangerous,
injurious or noxious to any other property or person and shall comply with the performance standards
listed below.
3. The proposed use shall be constructed, designed, sited oriented and landscaped to produce a harmonious
relationship of buildings and ground to adjacent buildings and properties.
4. The proposed use shall produce a total visual impression and environment which is consistent with the
environment of the neighborhood.
5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the
neighborhood.
6. The proposed use shall preserve the objectives of this title and shall be consistent with the
comprehensive plan.
City staff has reviewed the Conditional Use Permit applicant and has determined that the request meets all
applicable City requirements for the CUP.
ACTION REQUESTED
Approve the Conditional Use Permit allowing outdoor sales in the B-2 Zoning District for the purposes of
holding a Farmers' Market subject to the following Conditions:
1. The Farmers' Market shall be limited to the right-of-way of Third Street between Oak Street and Spruce
Street. Third Street shall be closed off at the intersections of Oak and Spruce to prevent the passage of
motor vehicles on that portion of Third Street.
2. The applicant must secure a sign permit prior to the installation of any signage.
Respectfully submitted,
~~
!on~J>Pler, Assistant City Planner
Cc: Cindy Muller, Executive Assistant City of Farmington I Farmers' Market Coordinator
~J(, II
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800. Fax 651.280.6899
www.ci.fannington.mn.us
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CONDITIONAL USE PERMIT APPLICATION
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Applicant: clry Or FAtlM',\Ibn::i.......1 Telephone:~ ~o-f.o'(o3
Address: Lt3D T1+1~~ S;-. FA1l.ftl\.INb\'O'\l M~
Street City State
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55-0;4
Zip Code
Owner: _~ {( Ira M PLI C tl-Nt
Telephone: L-J
Fax: L-J
Address:
Street
City
State
Zip Code
Premises Involved:Ti'lI fl-o 5'7'. go v..), BCflVi5::-N o;'hc:.. S.. ItN t:l SP fl-tU.A~ SI.
AddresslLegal Description (lot, block, plat name, section, township, range)
Current Zoning District t3.. ~ ArJ~ \<.0""" Current Land Use (.O.1t1;V(~1 ~\ L ~D ~~
Specific Nature of Request: To ,1 t,.L.oiv Ol1'T1:}D<:.{2-.. 5~ i..J IT'HilV It- :8- J. Z-Di\J IN 6-
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o 6 Copies of Site Plan.......""
o AbstractlResidential Li~t'(required 350<'fom subject Py6Perty)
o Torrens (Owner's Duplicate Certifica~~f.l'.t1e:keh' 'fed).:/ /6.:
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Date SIgnature of Appticarlt / / Date
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Request Submitted to Planning staff on a./ I t4 I"
Public Hearing Set for: 5/-X (, \
For office use only
Advertised in Local Newspaper:
Approved
Approved
Denied
Denied
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Fee Paid
$200 - City of Farmington
$46 - Dakota County Recorder
Planning Commission Action:
City Council Action (if necessary):
Comments:
Conditions Set:
Planning division:
Date:
9/06
Dakota CountY3 MN
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Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Map Scale
1 inch = 50 feet
httD :// llis. co.dakota.mn: us/we bsite/ dakotanetgis/pdntPreview .aspx?PrintOptData= Dakota County, MNI31 0... 1/25/2011
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800. Fax 651.280.6899
www.ciJarmington.mn.us
TO:
Planning Commission
FROM:
Tony Wippler, Assistant City Planner
SUBJECT:
Draft Residential Chicken Ordinance
DATE:
March 8, 2011
INTRODUCTION
At the January 25, 2011 Planning Commission workshop the Commission reviewed the work plan for the
Minnesota GreenStep Program. As part of that review, a presentation was given and a discussion was held, on
the possibility of revising the city code to allow hen chickens on residential lots less than 2 Yz acres in size. The
Commission seemed open to the idea of amending the code.
DISCUSSION
Since the workshop, City staff has written the attached draft ordinance. The draft ordinance is based largely on
the comments that were received at the workshop. The main components of the draft ordinance include the
following:
. An interim use permit would be required for any residential property under 2 Yz acres in size on which
hen chickens are kept. The permit would be valid for two (2) years. A renewal permit would have to be
applied for and approved every two (2) years after the initial PC approval, if the keeping of hen chickens
is to be continued on the property.
. The maximum number of hen chickens allowed would be twelve (12) on an approved property.
. Roosters are not allowed.
· Shelter and Enclosure requirements.
ACTION REQUESTED
Please review the attached draft ordinance and provide feedback.
Respectfully submitted,
-r; tJ~ .
To~iP~er, Assistant City Planner
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 6-4-2 RELATED TO
KEEPING ANIMALS WITHIN THE CITY AND ADDING
SECTION 6-4-6 CHICKENS ON URBAN RESIDEN'fIAL LOTS
THE CITY COUNCIL OF THE CITY OF F ARMINGT~S:
SECTION 1. Section 6-4-2 is amended by adding the Underline~'\age as follows:
6-4-2: KEEPING ANIMALS WITHIN i:~TY: " ~
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(A) Definitions: The following termstshall have the following meanings:
'0. "'."
F ARM ANIMALS: Cattle, hogs~bees;,.sl1eep, goats, chickens, turkeys, horses, and
other animals commonl~ accepted as 'farm .~,.sr.te of Minnesota.
HOUSE PETS: Animal;Such as dO~ birds'(not including pigeons, chickens,
geese, turkeys o..{" other do~estic fowl), ge;bils, hamsters, rabbits (including those
normally shelt~red o~tside ofihe principal \'fni~ture), and tropical fish, that can be
contained within a p1in~ipal structure throu~hout the entire year, provided that the
conta~nm--ent~Lbe~accom~lished withou{special modification to the structure that
wouH:l~quire a builliing P'er~it, excluding wild or domesticated wild animals.
(B) 6~pets: The k~~ Ofhous(;ets is a permitted accessory use in all zoning
districfu.~ ) ) .
(C) Farm Ani~ls~ 1;Qe ~eeping of farm animals, with the exception of chickens on urban
residential lots whi'ch~re regulated under section 6-4-6 of the City Code, is a
permitted accesssh'y use in all zoning districts provided:
I. The minimum lot size is two and one-half (21 h) acres.
2. Farm animals may not be confined in a pen, feedlot or building within one hundred
feet (100') of any residential dwelling not owned or leased by the keeper of the
animals, unless:
(a) The animals were kept prior to the adoption of this section, or
(b) The animals were kept after the adoption of this section but prior to the
existence of a residence within one hundred feet (100').
(D) Prohibition: With the exception of the keeping of animals allowed by subsections (B)
and (C) of this section, no other animals are allowed except by interim use permit as
regulated under the provisions of section 10-3 -7 of this code.
(E) Commercial Purposes: Animals may only be kept for commercial purposes if
authorized in the zoning district where the animals are located.
....
(F) Nuisance Animals: Animals may not be kept if they cause a puisance or endanger the
health or safety of the community. "
(G) Animal Enclosures: Animal enclosures shall be subject to the accessory structure
requirements of section 10-6-6 of this code. (Ord~003.;503, 11-17-2003)
SECTION 2. Title 6 is amended by adding ~6...4-pb.ead as fOllOW~>'"
""V'( ..
6-4-6: CHICKENS ON URBAN ,RESIDENTI:Ab~OTS:
."}7
(A) Permit Required: An Interim Use penrlit shall be requiretl for the keeping of any hen
chickens on property~lessthan two and one~half (2 ~ )'acres in size. The keeping of
chickens on lots t~o and one~half (2 ~) acres and huger are regulated under Section
6-4-2. The app~ovaJ.'of an Iht~rim Use Permit by the Board of Adjustment shall be in
accordance with Secti~n 1 013~q.,of the City Code. Supporting information / documents
to be submitted. to the"P.I~Ing~F>ivision with an interim use permit application are:
,,;~ - "'," -.;'
(a)r Number of chickens ~~kept on the property.
':(~~"Plan or pr~~e~y surv~hoWing the proposed location of the chicken coop
and/o}'chicken run on the subject property.
(c) To-scale~ilding~lan, including elevations, of the proposed coop and/or run.
'/
(B) Duration of Permit: The interim use permit shall be valid for two (2) years from the
date of Board of Adjustment approval. The permit will have to be renewed every two
(2) years that chickens are kept on an approved residential lot. The renewal permit
will have to be reviewed and approved by the Board of Adiustment in accordance
with Section 10-3-7 of the City Code.
\
...
(C) Automatic Termination of Permit: If the owner of hen chickens, who has an
approved permit, moves from the premises approved for said hens the interim use
permit shall automatically become null and void.
(D) Limitation on the Number of Chickens: No person shall keep on any single-family or
two-family residential property more than twelve (12) total hen chickens.
(E) Three or more Dwelling Unit Properties: Chickens are not allowed on properties that
contain three (3) or more dwelling units.
(F) No Roosters: No person shall keep roosters. or adult male chickens. on any
residentially zoned property less than two and one-half (2 12) acres in size.
(G) No Cockfighting: Cockfighting is specifically prohibited withi~ the City.
~ ,
~
(H) No Slaughtering: The slaughter of chickens is prohibitea on residentially used or
zoned properties. (\ '"
(I) Ownershi Occu anc : The owner of the chicOalllive on ~he ro ert on
which they are being kept. A "'- "/
(1) Confinement: Every person who owns. contr~keeps. maintains or harbors hen
chickens must keep them confined on the premise~at'all times in a chicken coop or
chicken run while in the City. Chickens are not allowed~to be located in any part of
the home and/or garage. \.... " Y
. "y
(K) Shelter and Enclosure Requirements: Chickehs shall be-properly protected from the
, ~ ,. .~
weather and predators",and bave access to the outdoors' in an enclosure or fenced area.
;1''' .... @"\
The shelter and/or enclosure shall meet all'ofthe following requirements:
1. Any Chick~~nd llfencing must~{ consistent with building and zoning
COdes~~~
2,/~OP o~ run shall.be.'Constructed on any urban residentiallo! prior to
~th~,time of const'ruction of the/principal structure.
3. O'~~'~Chicken co\Jand/: chicken run will be allowed per residential lot
providecLtfle. maxinhrm lot coverage of the underlying zoning district is not
exceeded.Y
4. Chicken coops and runs shall not be located in the front or side yards and shall not
be placed within any drainage and utility easements found on residential lots.
5. Any chicken coop or run shall be set back at least fifty (50') feet from any
principal structure on adiacent lots and a minimum of ten (10') feet from all
property lines.
6. Any chicken coop or run shall be screened from view with a solid fence or
landscaped buffer with a minimum height of four (4') feet.
7. All chicken coops must have a maximum size of ten (10) square feet per chicken
and must not exceed six (6') feet in total height. Fenced in chicken runs must not
exceed twenty (20) square feet per chicken and fencing must not exceed six (6')
feet in total height. Chicken runs may be enclosed with wood and/or woven wire
materials. and may allow chickens to contact the ground. Chicken runs must have
a protective overhead netting to keep the chickens separated from other animals.
8. Chicken coops must be elevated a minimum of twelve (12") inches and a
maximum of twenty four (24") inches above grade to ensure circulation beneath
the coop. ~
9. Chicken grains and feed must be stored in a rodentprbOf container.
(L) Conditions/Maintenance and Inspection: No person'~o o~~troIS. keeps.
maintains or harbors hen chickens shall permitthe premises where'th~hen chickens
are kept to be or remain in an unhealthy. unsahitary or noxious condition'or~tb permit
the premises to be in such condition that noxiou~ odorsto be carried to a'dj~cent
public or private property. Any chicken coop and thicken rim authorized under this
section may be inspected at any reasonable time by the.City.
SECTION 3 Ef~ . D Th. ~d~h ll'b f<' ':- / . d
. lectlve ate. IS or mance sa" e~e lectlye upon ItS passage an
publication according to law. '\r'Y
ADOPTED this -L~.;.~Y-~. f '\ ~yO..' by the City Council of the City of
Farmington.., "
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... CITY OF FARMINGTON
" ,.
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By:
Todd Larson, Mayor
ATTEST:
By:
Peter Herlofsky, Jr., City Administrator
SEAL