HomeMy WebLinkAbout03/12/13TO:
FROM:
SUBJECT:
INTRODUCTION
DISCUSSION
Planning Commission
DATE: March 12, 2013
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.cifarmington.mn.us
Tony Wippler, Assistant City Planner
Ordinance Amending Section 6 -4 -2 related to Keeping Animals within the City and Adding
Section 10 -6 -29 Chickens on Urban Residential Lots
Attached, for the Commission's review and recommendation is an ordinance amending Section 6 -4 -2 related to Keeping
Animals with the City and adding Section 10 -6 -29 to the Zoning Code related to Chickens on Urban Residential Lots.
The Commission reviewed and recommended approval of a similar code amendment in 2011. However, the City Council
at that time, did not feel chickens belonged on residential lots and the ordinance was not approved. The City Council
would like to reconsider the ordinance and asked that it be brought back to the Planning Commission for a public hearing
and refinement.
The main components of the proposed ordinance are as follows:
An Urban Chicken Permit would be required for certain residential properties under 2 1 /2 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.
The maximum number of hen chickens allowed would be six (6) on an approved property.
Roosters are not allowed.
Shelter and Enclosure requirements.
Screening requirements.
One of the main differences between the ordinance being considered tonight and the one previously reviewed in 2011 is
the fact that it would limit the zoning districts to where an Urban Chicken Permit could be approved to the R -1 (Low
Medium Density Residential) Zoning District and more specifically to R -1 lots with a minimum lot size of 10,000 square
feet.
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 the ordinance is approved, staff will be suggesting a $100 fee for the initial
Urban Chicken Permit and $25 for the yearly renewal permit. It is staff's belief that these fees would cover the City's
costs associated with the permits.
Attached, for the Commission's information, are the proposed forms for the permits as required in the draft ordinance.
ACTION REQUESTED
Recommend approval of the attached ordinance amending Section 6 -4 -2 related to Keeping Animals within the City and
Creating Section 10 -6 -29 Chickens on Urban Residential Lots and forward that recommendation on to the City Council.
Respectfully submitted,
Tony Wfppler, 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 10 -6 -29 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 normally 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 10 -6 -29 of the City Code, is a permitted
accessory use in all zoning districts provided:
1. The minimum lot size is two and one -half (2'/ 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 10 of the City Code is amended by adding Section 10 -6 -29 to read as
follows:
10 -6 -29: CHICKENS ON URBAN RESIDENTIAL LOTS:
(A) Permit Required: An Urban Chicken Permit shall be required for the keeping of any hen
chickens on residential property less than two and one -half (2 '''A) acres in size, provided said
property is zoned R -1 (Low Density Residential) and has a minimum lot size of 10,000
square feet. The keeping of chickens on lots two and one -half (2 ''A) 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 (I) 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.
An application for a renewal permit shall be filed with the City 30 days prior to the expiration
of the current permit. The Urban Chicken Permit may be terminated or not renewed for
violations of the ordinance following notice to the permit holder and an opportunity for a
hearing at the Board of Adjustment.
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 '''A) acres in size.
(G) 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.
(J) 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 adjacent 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. 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 adjacent 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 20 by the City Council of the City of Farmington.
CITY OF FARMINGTON
By:
Todd Larson, Mayor
ATTEST:
SEAL
Approved as to form the day of 20
By:
David McKnight, City Administrator
By:
City Attorney
Pu8blished in the Farmington Independent the day of 20
CITY OF FARMINGTON
PERMIT PROCESS
Urban Chicken Permit
The following is the process to obtain a permit to keep chickens on certain urban residential lots (must
be Zoned R -1 and have a minimum of 10,000 square feet) within the City of Farmington.
NOTE: An Urban Chicken Permit is only good for one (1) year from the date of Planning
Commission approval. A Renewal Permit is required every year after the initial Planning
Commission approval that chickens are kept on an approved urban residential lot. The Renewal
Permit is approved administratively.
1. Submit application and all appropriate forms, information, documentation and fees. Information
and documentation includes, but not limited to:
a. Number of chickens to be kept on property
b. Scaled site plan or property survey showing the proposed location of the chicken
coop and /or chicken run on subject property
c. To -scale building plan, including elevations and building materials, of the proposed
coop and /or run
2. A public hearing will be held at the City's Planning Commission within 60 days following receipt
of a complete application.
3. Notice of public hearing shall be published at least ten (10) days prior to the hearing.
4. All adjacent property owners to the subject property shall be notified by post mail ten (10) days
prior to the hearing.
5. The Planning Commission may grant or deny the application after the close of the public hearing
based on information obtained at the hearing.
6. If an initial Urban Chicken Permit is granted, every year after that chickens are kept on the
subject property a Renewal Permit must be administratively approved by the City's Planning
Department. The Renewal Permit is required to be submitted 30 days prior the date the initial
Urban Chicken Permit was approved by the Planning Commission.
7. Fees: Urban Chicken Permit Fee $100
Renewal Permit Fee $25
If you have questions, please contact:
Lee Smick, City Planner (or) Tony Wippler, Assistant City Planner
City of Farmington
430 Third Street
Farmington, MN 55024
Tel: 651- 280 -6800
Fax: 651- 280 -6839
E -mail: lsmick @ci.farmington.mn.us
twippler @ci.farmington.mn.us
1
URBAN CHICKEN PERMIT APPLICATION
1
Site Address for chickens:
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
Please identify coop and run information on a scaled site plan or property survey that shows lot lines, structures
and existing conditions.
The above referenced property's Homeowner's Association rules, if any, do not prohibit the keeping of chickens on the
property: (please initial) Yes No Not Applicable
Applicant: Phone:
Address:
Street City State Zip Code
Property Owner Name: Phone:
Address:
Street City State Zip Code
Property Owner Signature
(If different than applicant): Date:
Current Zoning District:
Current Land Use:
Coop/Run Information
Number of Chickens:
Dimension of chicken coop: (detailed plans elevations required)
Dimension of chicken run: (detailed plans elevations required)
Description of exterior materials for the coop and run:
Will a fence be added in addition to the coop and run? Yes No
If yes, describe location, size and materials for fence:
1
I hereby acknowledge that this information is complete and accurate; that the work will be in conformance with the
ordinances and codes of the City of Farmington; that I understand this is not a permit, but only an application for a permit.
I acknowledge that structures will be constructed in accordance with the approved plans.
Applicant's Printed Name
2
Applicant's Signature
Date
Request submitted to Planning staff on
Public Hearing set for: Advertised in Local Newspaper:
Planning Commission Action:
Cite Council Action (i
Date for Renewal_ if approved:
Comments:
Conditions Set:
FOR OFFICE USE ONLY
Approved Denicd Fee Paid
Approved Denicd $100
Planning L)ivision: Date:
DRAFTED BY:
City of Farmington
430 Third Street
Farmington, MN 55024
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TO:
Planning Commission
Lee Smick, City Planner
FROM:
AICP CNU -A
SUBJECT: Conditional Use Permit Auto Repair, Major
Applicant: Fred Bones
17895 Italy Path
Lakeville, MN 55044
DATE: March 12, 2013
INTRODUCTION
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
The applicant, Fred Bones, has submitted an application for a Conditional Use Permit requesting the operation of an auto
repair, major shop at 701 1 Street, Suite A, in Farmington.
Planning Division Review
Applicant: Fred Bones
17895 Italy Path
Lakeville, MN 55044
Attachments: 1. Application
2. Location Map
Property Address: 701 1S Street, Suite A, Farmington, MN 55024
Surrounding Land Uses: The subject property is surrounded by single family residences to the west, B -3
businesses to the north and south, and railroad property to the east.
Existing Zoning: B -3 (Heavy Business)
DISCUSSION
The applicant, Fred Bones, is requesting Planning Commission approval of a Conditional Use Permit to allow an Auto
Repair, Major operation on the property at 701 1S Street, Suite A, Farmington, MN 55024 in the B -3 (Heavy Business)
zoning district. The auto repair, major will occur inside the existing building from 8:00 AM to 5:30 PM Monday thru
Friday and 9:00 AM to Noon on Saturdays. The applicant is locating his business to Farmington to operate a wholesale
auto repair shop. This entails body repair and refinishing which will require a sprinkle red paint booth. Another part of
the business will be dedicated to refurbishing and restoring classic and special interest autos. Finally, he would like to use
the front of his building space to sell vehicles. The auto sales use is a permitted use in the B -3 zoning district.
As a condition of approval, the applicant will limit the number of cars parked between the building and curb to four.
Additionally, the automobiles being repaired or awaiting owner pick -up will not be allowed to park on 1s Street at
anytime. Finally, no repair will occur outside of the building and the door shall be closed when repair is occurring inside
of the building.
The applicant would also like to construct a 6 -foot tall wood (opaque) fence in the parking lot to the north of the building
to store approximately six cars within a 34' x 46' area. The parking lot proposed by Mr. Bones requires compliance with
Section 10 -6 -4 of the City Code. Off Street Parking Lot (Section 10 -6 -4 A -E) requirements are as follows:
1. Grading and drainage of the parking lot and driveway must be properly designed for drainage and surfaced with
concrete or bituminous material.
2. Any lights used to light the parking lot must be reflected away from residential districts..
3. Plans must be submitted to the City Engineer for review of the drainage system, grading, and other engineering
requirements including the submittal of a surety acceptable to the City.
Conditional Use Auto Repair, Major
A conditional use shall be approved if it is found to meet the following criteria:
1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this
title. The Auto Repair, Major is a conditional use in the B -3 zoning district.
2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious or noxious to
any other property or persons and shall comply with the performance standards listed below. Please see the following
requirements:
10 -3 -5 (D):
1. Fire prevention and fighting equipment acceptable to the board of fire underwriters shall be readily available
when any activity involving the handling or storage of flammable or explosive material is carried on.
2. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
3. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or
otherwise controlled, except for fire sirens and related apparatus used solely for public purpose shall be exempt
from this requirement.
4. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.
5. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
6. No pollution of air by fly ash, dust, smoke, vapors or other substance shall be permitted which is harmful to
health, animals, vegetation or other property.
7. Lighting devices which produce objectionable direct lighting or reflect glare on adjoining properties or
thoroughfares shall not be permitted.
8. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring
properties.
9. Water pollution shall be subject to the standards established by the Minnesota pollution control agency.
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. The applicant will limit the number of cars parked between
the building and curb to four. Additionally, the automobiles being repaired or awaiting owner pick -up will not be allowed
to park on 1St Street at anytime. No repair will occur outside of the building and the door shall be closed when repair is
occurring inside of the building.
4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of
the neighborhood. The applicant will limit the number of cars parked between the building and curb to four.
Additionally, the automobiles being repaired or awaiting owner pick -up will not be allowed to park on 1St Street at
anytime. No repair will occur outside of the building and the door shall be closed when repair is occurring inside of the
building.
5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. The
applicant will limit the number of cars parked between the building and curb to four. Additionally, the automobiles being
repaired or awaiting owner pick -up will not be allowed to park on IS` Street at anytime. No repair will occur outside of
the building and the door shall be closed when repair is occurring inside of the building.
6. The proposed use shall preserve the objectives of this title and shall be consistent with the comprehensive plan. The
proposed use is consistent with the 2030 Comprehensive Plan (Commercial).
RECOMMENDATION
Staff recommends approval of a Conditional Use Permit for an Auto Repair, Major use on the property at 701 1S Street,
Suite A, in Farmington conditioned upon the following:
1) The applicant will limit the number of cars parked between the building and curb to four.
2) The automobiles being repaired or awaiting owner pick -up will not be allowed to park on 1S Street at anytime.
3) No repair will occur outside of the building and the door shall be closed when repair is occurring inside of the
building.
4) Compliance is required for the Off Street Parking Lot (Section 10 -6 -4 A -E).
2) The applicant obtains all necessary building permits from the Building Official and Fire Marshal.
3) The applicant obtains a sign permit for any signage to be placed on the subject property.
4) Any other condition deemed necessary by the Planning Commission.
Respectfujly su
Lee Smick, AICP CNU -A
City Planner
Cc: Fred Bones
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
CONDITIONAL USE PERMIT APPLICATION
Applicant: t'c� o n e S Telephone:
l y�
Address: J a 1 P l ��i IL'(/ 07( -5 -5 4 l
Street City
Owner: Telephone: Fax: L
Address:
Street
Premises Involved:
Current Zoning District
Address/Leg
SUBMITTAL REQUIREMENTS
Proof of Ownership
Application Fee
Boundary Lot Survey
Signature of Owner
Date
State Zip Code
City State p Code
Descri tion lot block lat name section to s 11-2-t;i.,/,
range)
,P P g)
Current Lan Use as-0
10//
Specific Nature of Request: fil 4/ ex
6 Copies of Site Plan
Abstract/Residential List (required 350' from subject property)
Torrens (Owner's Duplicate Certificate of Title Required)
Signature of Applicant
Date
Request Submitted to Planning staff on
Public Hearing Set for:
Comments:
Conditions Set:
For office use only
Advertised in Local Newspaper:
Planning Commission Action: Approved Denied Fee Paid
City Council Action (if necessary): Approved Denied $200 City of Farmington
$46 Dakota County Recorder
Planning division:
Date: 9/06
DRAFTED BY:
City of Farmington
430 Third Street
Farmington, MN 55024
Fred Bones
Plan of business operation at 701 First Street 4, Farmington, MN
Wholesale auto repair that is classified as heavy auto repair as per City zoning, to include body repair and
refinishing which will require a sprinkle red paint booth. I am also asking for a Conditional Use Permit for a used
car sales license as we primarily only work on cars I purchase for resale. The other side of my business is
dedicated to refurbishing and restoring classic and special interest autos.
We are also asking for parking for four vehicles outside to be parked off street between the curb and building.
There would be two to three other vehicles parked during business hours. I expect to have two employees. Our
normal business hours would be 8 -5:30 Monday thru Friday and 9 -Noon Saturdays.
I would also ask for an adequate fenced. Opaque storage area on the Northeast corner of the building to store
approximately six cars or 34 x 46 feet in size.
Dakota County, MN
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch 143 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 3/8/2013
TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION DISCUSSION
The applicant, Colin Garvey, has requested that this item be tabled to the April 9, 2013 regular Planning
Commission meeting as he will be unable to attend this meeting.
ACTION REQUESTED
Table this item until the April 9, 2013 regular Planning Commission meeting.
Respectfully submitted
Lee Smick, AICP, CNU -A
City Planner
Cc: Colin Garvey
Planning Commission
Lee Smick, City Planner
AICP CNU -A
March 12, 2013
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 Fax 651.280.6899
www.ci.farmington.mn.us
Request to Board of Adjustment for Approval of Off Street Parking Lot Colin Garvey