HomeMy WebLinkAbout6/14/11
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
June 14, 2011
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) May 10, 2011 Regular Meeting
3. CONTINUED BUSINESS
a) Ordinance Amending Section 6-4-2 related to Keeping Animals within the City and Adding Section 6-4-6
Chickens on Urban Residential Lots
Applicant: City of Farmington
430 Third Street
Farmington, MN 55024
4. PUBLIC HEARINGS
a) Conditional Use Permit to allow outdoor sales within the B-2 Zoning District for the purpose of selling
fireworks
Applicant: Renaissance Fireworks, Inc.
Mark Lazarchic
1607 Lowry Avenue NE
Minneapolis, MN 55418
b) Conditional Use Permit to expand a Convenience Store with Gas within the B-2 (Downtown Business) Zoning
District- 217 Elm Street
Applicant: Kwik Trip Inc.
1626 Oak Street
La Crosse, WI 54602
c) An Ordinance amending Section 10-2-1 of the City Code as it relates to the definitions for private school
and public school
Applicant: City of Farmington
430 Third Street
Farmington, MN 55024
5. DISCUSSION
None
6. ADJOURN
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:
Ordinance Amending Section 6-4-2 related to Keeping Animals within the City and Adding Section 6-4-6
Chickens on Urban Residential Lots - Con't
DATE:
June 14,2011
INTRODUCTION
On May 10, 2011, the Commission continued the public hearing regarding this ordinance amendment to allow staff the opportunity to
determine what the City Council's expectations would be for the fee structure and timeframe for an urban chicken permit if adopted.
DISCUSSION
Staff brought the Planning Commission's concerns regarding the proposed fee and timeframe for the ordinance to the City Council on
May 16, 2011. The City Council stated that if the ordinance were to be approved, such a permit should be approved on a yearly basis
and that any fee associated with the permit should be enough to cover the costs that are incurred by the City due to the permit.
As a review, the main components (including Council suggestions) of the proposed ordinance are as follows:
. An Urban Chicken Permit would be required for any residential property under 2 Yz acres in size on which hen chickens are
kept. A public hearing would be held at the Planning Commission and all adjacent property owners would be notified. The
permit would be valid for one (1) year. A renewal permit would have to be applied for and approved administratively each
year after the initial PC approval, if the keeping of hen chickens is to be continued on the property. If the ordinance is
approved by the City Council, the fee schedule would have to be amended to account for the Urban Chicken Permit and the
renewal permit. If approved, staff will be suggesting a $100 fee for the initial Urban Chicken Permit and $25 for the yearly
renewal permit. It is staffs belief that these fees would cover the City's costs associated with the permits.
. The maximum number of hen chickens allowed would be six (6) on an approved property.
. Roosters are not allowed.
. Shelter and Enclosure requirements.
ACTION REQUESTED
Recommend approval of the attached ordinance amending Section 6-4-2 related to Keeping Animals with the City and Creating
Section 6-4-6 Chicken on Urban Residential Lots and forward that recommendation on to the City Council.
Respectfully submitted,
7(jJ~
TO~PPler, 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 RESIDENTIAL LOTS
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Section 6-4-2 is amended by adding the underlined language as follows:
6-4-2: KEEPING ANIMALS WITHIN CITY:
(A) Definitions: The following terms shall have the following meanings:
FARM ANIMALS: Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses, and
other animals commonly accepted as farm animals in the state of Minnesota.
HOUSE PETS: Animals such as dogs, cats, birds (not including pigeons, chickens,
geese, turkeys or other domestic fowl), gerbils, hamsters, rabbits (including those
nOffilally sheltered outside of the principal structure), and tropical fish, that can be
contained within a principal structure throughout the entire year, provided that the
containment can be accomplished without special modification to the structure that
would require a building permit, excluding wild or domesticated wild animals.
(B) House Pets: The keeping of house pets is a permitted accessory use in all zoning
districts.
(C) Farm Animals: The keeping of farm animals. with the exception of chickens on urban
residential lots which are regulated under section 6-4-6 of the City Code, is a
permitted accessory use in all zoning districts provided:
1. 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 nuisance 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 Section 6-4-6 to read as follows:
6-4-6: CHICKENS ON URBAN RESIDENTIAL LOTS:
(A) Permit Required: An Urban Chicken Permit shall be required for the keeping of any
hen chickens on property less than two and one-half (2 12) acres in size. The keeping
of chickens on lots two and one-half (2 \12) acres and larger are regulated under
Section 6-4-2. An Urban Chicken Permit requires a public hearing be held by the
Board of Adjustment after a fee. established by the City Council. is paid and all
adjacent property owners are notified. Supporting information / documents to be
submitted to the Planning Division with an Urban Chicken Permit application are:
(a) Number of chickens to be kept on the property.
(b) Site plan or property survey showing the proposed location of the chicken coop
and/or chicken run on the subject property.
(c) To-scale building plan. including elevations. of the proposed coop and/or run.
(B) Duration of Permit: The Urban Chicken Permit shall be valid for one (1) year from
the date of Board of Adjustment approval. A renewal permit will be required every
year after the initial Board of Adjustment approval that chickens are kept on an
approved residential lot. The renewal permit will be reviewed and approved
administratively. The fee for a renewal permit will be established yearly by the City
Council.
(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 Urban Chicken
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 six (6) 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 1'2) acres in size.
(0) No Cockfighting: Cockfighting is specifically prohibited within the City.
(H)No Slaughtering: The slaughter of chickens is prohibited on residentially used or
zoned properties.
(1) Ownership Occupancy: The owner of the chickens shall live on the property on
which they are being kept.
(1) Confinement: Every person who owns. controls. keeps. maintains or harbors hen
chickens must keep them confined on the premises 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.
(K) Shelter and Enclosure Requirements: Chickens shall be properly protected from the
weather and predators and have access to the outdoors in an enclosure or fenced area.
The shelter and/or enclosure shall meet all of the following requirements:
1. Any chicken coop and run fencing must be consistent with building and zoning
codes.
2. No chicken coop or run shall be constructed on any urban residential lot prior to
the time of construction of the principal structure.
3. One (1) chicken coop and/or chicken run will be allowed per residential lot
provided the maximum lot coverage of the underlying zoning district is not
exceeded.
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 twenty-five (25') feet from any
principal structure on adiacent lots and a minimum often (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. All fencing shall be
in accordance with Section 10-6-12 of the City Code.
7. All chicken coops must have a maximum size of ten (10) square feet per chicken
and must not exceed eight (8') 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 thirty six (36") inches above grade to ensure circulation beneath the
coop.
9 Chicken grains and feed must be stored in a rodentproof container.
(L) Conditions/Maintenance and Inspection: No person who owns, controls. keeps.
maintains or harbors hen chickens shall permit the premises where the hen chickens
are kept to be or remain in an unhealthy, unsanitary or noxious condition or to permit
the premises to be in such condition that noxious odors to be carried to adiacent
public or private property. Any chicken coop and chicken run authorized under this
section may be inspected at any reasonable time by the City.
SECTION 3. Effective Date. This ordinance shall be effective upon its passage and
publication according to law.
ADOPTED this _ day of
Farmington.
,20_, by the City Council of the City of
CITY OF FARMINGTON
By:
Todd Larson, Mayor
ATTEST:
By:
Peter Herlofsky, Jr., City Administrator
SEAL
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 outdoor sales (fireworks) within the B-2 Zoning District
DATE:
June 14,2011
INTRODUCTION
Mark Lazarchic of Renaissance Fireworks, Inc. is requesting approval of a Conditional Use Permit [CUP] for
purposes of selling fireworks within the B-2 (Downtown Business) zoning district. The tent were the fireworks
will be sold from will be located in the parking lot directly south of the Econofoods building located at 115 Elm
Street.
Planning Division Review
Applicant:
Mark Lazarchic
Renaissance Fireworks, Inc.
1607 Lowry Avenue NE
Minneapolis, MN 55418
Owner:
Thomas Wartman
Farmington City Center, LLC
28120 Boulder Bridge Drive
Excelsior, MN 55331-7960
Proposed Location:
115 Elm Street; within the parking lot
Attachments:
1. Exhibit A - CUP Application
Surrounding Land Uses:
Dental Clinic is adjacent to the west, commercial businesses are adjacent to the
north and east, and CSAH 50 is to the south.
Existing Zoning:
B-2 (Downtown Business) zoning district
Comprehensive Plan:
Commercial
Current Land Use:
Parking lot
DISCUSSION
Renaissance Fireworks, Inc. is seeking approval of a Conditional Use Permit to allow for outdoor sales within
the B-2 zoning district for the purpose of selling fireworks. A 20' x 40' tent is proposed to be erected in the
existing parking lot located to the south of the Econofoods building located at 115 Elm Street (please note
attached aerial). Additionally, a temporary 8' x 20' storage pod will be brought in and placed adjacent to the
tent to provide a secure location for storing the fireworks when the tent/stand is not open for business. The
applicant is proposing to have the tent up and operational from June 15 thru July 5th with business hours from
9am -lOpm daily.
Parking
The area proposed for the fireworks stand is within the B-2 zoning district; therefore, no off-street parking is
required for the proposed use. All off-street parking will be accommodated by the surrounding parking lot for
the City Center development.
Signage
The applicant is proposing to have three banners that will hang from the tent sides. Per Section lO-6-3(B)I(e)
of the City Code, a sign permit is required for a banner and the permit is valid for thirty (30) consecutive days.
Additionally, no more than three banners may be allowed on a property. The proposal will meet these
requirements.
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:
1. 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 application and has determined that the request meets all
applicable City requirements for the CUP.
ACTION REOUESTED
Approve the Conditional Use Permit allowing the outdoor sales in the B-2 zoning district for the purpose of
selling fireworks, subject to the following conditions:
1. The applicant must secure all necessary permits required by the City's Fire Marshal.
2. The applicant must secure a sign permit prior to the placement of the banners on the tent.
Respectfully submitted
rt~
To~PPler, Assistant City Planner
Cc: Mark Lazarchic, Renaissance Fireworks, Inc.
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City of Farmington
430 TJlird Strert
Farmio!;!ton, Minn..~Sol.Jla
651.2S0,6SC;J. E(\ (,5L1~O.6S~)-)
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CONDITIONAL USE PERMIT APPLICATION
Applicant: k1\ A Q"e \ AL.Ct Y"c...h \ C
Telephone: (!;g) 'i:S40--':-S-2..40 Fax: (&813) <SO - 'I ~44
Address: \ \.(l(Y" Lo~\~ f.\0e- f'\€' m~\""::>
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Owner:
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Telephone: ~ 4.0 q lQ 1"iS Fax: LJ
Address: d. <t-, \ 'L.(") e:, D \A. \d.~V" (?, n c\. ~~.
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State
Zip Code
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Premises Involved: \ \ '5 F'-im "'t> 'r ~A-Y-iY'\n~'rr-,.", ~Q\?~
Address/Legal Description (lot, block, pIa arne, section, township, range)
Current Zoning District B - d- Current Land Use f?:v. k- ; d I () +
Specific Nature of Request: ~e..\~~l. =:::>c~, en So--if "-~ "'~JO-<--.l1.
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SUBMITTAL REOUIREMENTS
o Proof of Ownership 0 6 Copies of Site Plan
o Application Fee 0 AbstractlResidential List (required 350' from subject prope
o Boundary / Lot Survey 0 Torrens (Owner's DUPlicate~~ate of Title Require
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Signature of Owner Date Signature of Applicant
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Date
Request Submitted to Planning staff on S /" /1/
Public Hearing Set for:
For office use only
Advertised in Local Newspaper:
Planning Commission Action: _Approved
City Council Action (if necessary ): _Approved
Denied
Denied
Fee Paid
$200 - City ofFannington
$46 - Dakota County Recorder
Comments:
Conditions Set:
Planning division:
Date:
9/06
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6/4/2010 11 :22 ArYl
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 the expansion of a Convenience Store with Gas within the B-2
Zoning District
DATE:
June 14,2011
INTRODUCTION
Kwik Trip Inc. is requesting approval of a Conditional Use Permit [CUP] to allow for the expansion oftheir store located
at 217 Elm Street.
Planning Division Review
Applicant:
Kwik Trip, Inc.
1626 Oak Street
La Crosse, WI 54602
Attachments:
1. Exhibit A - CUP Application
2. Exhibit B - Site Plan, Floor Plan & Building Elevations
Location:
217 Elm Street
Surrounding Land Uses:
The subject property is completely surrounded by commercial uses
Current Land Use:
Commercial (Convenience Store with Gas)
Existing Zoning:
B-2 (Downtown Business) zoning district
Comprehensive Plan:
Commercial
DISCUSSION
The applicant, Kwik Trip, Inc., is seeking approval of a Conditional Use Permit to allow the Expansion of a convenience
store with gas within the B-2 (Downtown Business) zoning district. The applicant is proposing the construction of an
approximately 540 square foot (15' x 36') addition on to the south side of the existing Kwik Trip store located at 217 Elm
Street. The expansion area is to allow for additional kitchen space for food preparation.
Parking
As previously mentioned, the property is within the B-2 (Downtown Business) zoning district; therefore, the City's off-
street parking requirements do not apply. Currently on site, there are 12 off-street parking stalls provided. With the
proposed expansion, the parking lot configuration will be modified slightly. The four parking stalls currently located
along the southern side of the building will be removed and the concrete curb along the parking on the east side of the
building will be extended to the existing curb line along the southern property line. By doing this they will be adding 6
parking stalls. After the expansion, a total of 14 off-street parking stalls will be available, an increase of two parking
stalls from what are currently provided on site.
Additionally, as shown on the site plan, the existing six foot (6') wide sidewalk is proposed to be extended south to the
curb of the existing parking lot. Staff feels the extension of this sidewalk should connect to the existing City sidewalk
within the right-of-way of Elm Street. Staff will be making this a contingency of approval of the site plan.
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:
1. 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 harmonious
relationship of buildings and grounds to adjacent buildings and properties.
4. The proposed use shall produce a total visual impression and environment which is consistent with the
environment of the neighborhood.
S. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the
neighborhood.
6. The proposed use shall preserve the objectives ofthis title and shall be consistent with the comprehensive plan.
City staff has reviewed the Conditional Use Permit application and has determined that the request meets all applicable
City requirements for the CUP.
ACTION REOUESTED
Approve the Conditional Use Permit allowing the expansion of the convenience store with gas (K wik Trip) located at 217
Elm Street subject to the following conditions:
1. The applicant shall obtain all necessary building permits for the proposed expansion.
2. The sidewalk to be constructed along the front of the new parking stalls shall be extended to the south to connect
to the City sidewalk located in the right-of-way of Elm Street.
Respectfully submitted,
,-; tJ '-' ()
TO~~iPPler,~ City Planner
Cc: Leah Berlin, Kwik Trip, Inc.
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City of Farmington
430 Him Street
Farmington, Minnesota
651280,6800. Fnx 651.280,6899
www..(.;Jwmil1gtoo.1ll1l.us
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CONDITIONAL USE PERMIT APPLICATION
Applicant: Kwik Trip Inc, - Leah Berl in
Fax: ~ 781-8960
Telephone: ~793-6461
Address: 1626 Oak Street
Street
La Crosse, WI 54602
City
State
Zip Code
Owner: Convenience Store Investments
Telephone: (608) 793 - 6461
Fax: ~ 781-8960
Address: 1626 Oak Street
Street
La Crosse, WI 54602
City
State
Zip Code
P,'emises Involved: 217 Elm Street
Address/Legal Description (lot, block, plat name, section, township, range)
Current Zoning District B2
Current Land Use Convenience Store with Gas
Specific Nature of Request: Addition to building for kitchen space for food prep.
SUBMITTAL REQUIREMENTS
D Proof of Ownership
D Application Fee
D Bo ary / Lot Survey
7{.
D 6 Copies of Site Plan
D Abstract/Residential List (required 350' from subject property)
D Torrens (Owner's Duplicate Certificate of Title Required
Request Submitted to Planning staff on t.f. /2'1 / I ,
Public Hearing Set for:
For office use only
Advertised in Local Newspaper:
Fee Paid ~
$200 - City of Farmington
$46 - Dakota County Recorder
Planning Commission Action: _Approved
City Council Action (if necessary): _Approved
Denied
Denied
Comments:
Conditions Set:
Planning division:
9/06
Date:
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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:
An Ordinance amending Section 10-2-1 of the City Code as it relates to the definitions
for private school and public school
DATE:
June 14,2011
INTRODUCTION
Attached for the Commission's consideration is an ordinance amending the definitions for public school and
private school.
DISCUSSION
Independent School District 192 is in the process of constructing a clinic within the Farmington High School
located at 20655 Flagstaff Avenue. The High School property is zoned R-l (Low Density Residential) and a
clinic is neither a permitted or conditional use in this particular zoning district.
Staff is proposing to amend the zoning definitions for public and private schools to include verbiage regarding
accessory uses (i.e., daycares and clinics) that serve the students and employees of the school district. By
amending the definition as proposed in the attached ordinance, this would allow these uses, specifically a clinic,
within a school facility while not allowing clinics on non-school related properties within the City's residential
zoning districts.
ACTION REOUESTED
Recommend approval of the attached ordinance amending the zoning definitions for public school and private
school and forward that recommendation on to the City Council.
Respectfully submitted,
-r~
T~~iPPler, Assistant City Planner
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 10,
CHAPTER 2 OF THE CITY CODE FOR PURPOSES
OF MODIFYING THE DEFINTIONS FOR PUBLIC AND
PRIVATE SCHOOLS
THE CITY COUNICL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Section 10-2-1: DEFINITIONS of the Farmington City Code is amended as follows (text to
be added is underlined):
SCHOOL, PRIV ATE: Any building or group of buildings, not operated by a public agency or unit of
government, the use of which meets compulsory education laws of the state of Minnesota for elementary
school, middle school Uunior high school), secondary (senior high school), or higher education and which
use does not secure the major part of its funding directly from any governmental source and including
accessory uses. not limited to. daycares and clinics that primarily serve or support students and emplovees
of the school or school related activities.
SCHOOL, PUBLIC: Any building or group of buildings, the use of which meets compulsory education
laws of the state of Minnesota for elementary school, middle school Uunior high school), secondary (senior
high school), or higher education and which secures all or the major part of its funding from governmental
unit and including accessory uses. not limited to. daycares and clinics that primarily serve or support
students and employees of the school or school related activities.
SECTION 2. Effective Date: This ordinance shall be effective upon its passage and publication according
to law.
ADOPTED this
Farmington.
day of
, 20 I 1, by the City Council of the City of
CITY OF FARMINGTON
By:
Todd Larson, Mayor
ATTEST:
By:
Kevin Schorzman, Interim City Administrator
SEAL:
Approved as to form
day of
,201 I
By:
Joel Jamnik, City Attorney
Published in the Farmington Independent the
day of
,201 I
1