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HomeMy WebLinkAbout05/13/14City of Farmington A Proud Past - A Promising Future 430 Third Street Committed to Providing High Quality, Farmington, MN 55024 Timely and Responsive Service to All Of Our Customers AGENDA PLANNING COMMISSION May 13, 2014 7 :00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) April 8, 2014 Regular Meeting 3. PUBLIC HEARINGS a) Urban Chicken Permit Application Applicant: Travis Brothers 5995 Lower 182nd Street W Farmington, MN 55024 b) Urban Chicken Permit Application Applicant: Jason Jerabek 19317 Ellington Trail Farmington, MN 55024 c) Variance Requests for: a. Waiver of plat requirements to allow a reduced side yard setback for an existing home; and b. Reducing the rear yard setback adjacent to an alley for the construction of a detached garage Applicant: Michel Pleau 5332 Upper 147th Street W Apple Valley, MN 55124 4. DISCUSSION a) Draft Limited Commercial Ventures Ordinance b) Urban Chicken Ordinance discussion — lot areas (verbal) c) May 27th Heritage Preservation Basic Training (verbal) 5. ADJOURN City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 • Fax 651.280.6899 www.cifarmington.mn.us TO: FROM: SUBJECT: DATE: Planning Commission Tony Wippler, Planning Manager Urban Chicken Permit Application — Travis Brothers — 5995 Lower 182 "d Street W May 13, 2014 INTRODUCTION Travis Brothers is seeking approval of an Urban Chicken Permit. The subject property is 5995 Lower 182 "d Street West. Planning Division Review Site Address: 5995 Lower 182"d Street West Property Owner /Applicant: Travis Brothers 5995 Lower 182 "d Street West Farmington, MN 55024 Attachments: Legal Description: Lot Area: Existing Land Use: Surrounding Land Use: Existing Zoning: DISCUSSION 1. Application (Ex. A) 2. Site Plan / Aerial (Ex. B) 3. Picture of coop (Ex. C) Lot Twenty Eight (28), Block One (1), HILL DEE 2ND ADDITION 0.54 acres (23,643 square feet) Single - family residence Single- family dwellings are adjacent to the north, south, and east. Farmland is adjacent to the west. R -1 (Low Density Residential) Travis Brothers has applied for an Urban Chicken Permit. The permit is requesting the keeping of three (3) hen chickens on the property located at 5995 Lower 182 "d Street West. The proposed coop, as shown in Exhibit C, is approximately 24 square feet in size and 6 feet tall. A run will be attached to the coop and is proposed to be 6 feet in depth and 10 feet in length (60 square feet total) with a height of 6 feet. The coop and run as proposed meet the requirements identified in Section 10 -6 -29 of the City Code. As shown in Exhibit B, the coop and run are proposed to be located in the rear of the property near the northwest corner of the yard. The proposed location meets all setback requirements listed in Section 10 -6 -29 of the City Code and will be located further than the required twenty -five (25') feet from any adjacent home. In addition, the coop and run must be setback at least 10 feet from all property lines. The proposed location meets this requirement. It is proposed to be setback just over ten (10') feet from the northern property line. Lot coverage is not an issue with this application. The lot coverage with the proposed coop will be approximately 9.29 %. The maximum lot coverage allowed in the R -1 Zoning District is 30 %. Section 10- 6- 29(K)6 states that 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. Currently, the rear of the property is not fenced and the applicant has indicated that no additional perimeter fencing will be added with the coop and run. The rear of the property has a considerable amount of vegetation already. Due to the existing vegetation and proposed location of the coop and run staff is comfortable with the current landscaping around the yard as a buffer /screen for the coop and run. However, staff does reserve the right to require additional screening if determined necessary upon inspection. ACTION REQUESTED Approve the Urban Chicken Permit subject to the following conditions: 1. A renewal permit shall be applied for and administratively approved every year after the Urban Chicken Permit has been approved that chickens are kept on the property. 2. All other requirements specified in Section 10 -6 -29 of the City Code shall be abided by. Respectfully submitted, Tony Wippler, PI"anning Manager Cc: Travis Brothers, 5995 Lower 1821 Street City of.Farmhigtm 430 Third Street Farmington, Minnesota 651.280.6800 • Fax 651.280.6899 ww.ci.farmingtonmin,us URBAN CHICKEN PERMIT APPLICATION D Please identifY-eOuP And rail infOrmation on a scaled Site plan or property stuVey that sli and existing conditions. Site Address for chickens: z•li Lot \,e,;14 4 we `"\-- ows lot lines, structures The above referenced proper y's,liomeownees Association rules, if any, do not prohibit the keeping of chickens on the propettp (please*IitiaD Yes No 1 Not Applicable pplicant: I-6 \Ne Phone: E:a 5-1--- 1/(03 069 ei Nrt•Address: ci C L.e>vr eir I Dtfll S4- -rx.0-• • "A3‘ err• N IV Street City State S 5'0 Zip Co Co e Property Owner Name: -1ktit % ilt t3 AANe it c.) Phone; L Si•-• `163-6WV (is Address:, 5'/5 ra a, .4 sa- S-s-a7) y State Zip Code Street City Property Owner Signattri• (If different than appli-1 : s t i• — Current Zoning . et: — Current Land tJSe: R:eebt)rev..4. t& k Date: *U•7901q Coop/Run Inforif „don Nombor of Chickt s: 3 Dimension of chli ...at coop: C21 Ci I (detailed pians-& elevations required) Dimension of chic mt. run: X (detailed plaits & elevations required) Description of e...kt or materialslorthecoopand rtm: es e_? 4s-t, C 661), te.vv..eiNk Will a few° he ack, in :addition to the coop as :1, run? if yes, describe loceon, size and materials for I i nce: ee..,\-A vvN)cier C-Chfik," f-Cri" , ko4 crieN c r‘Si.irkc., c4.t wok weigh/ sin - Vivrse yes No .4c-- thereby •acknowledge that this information •is cotnplete and accurate., thatthe work will be in contbrmance with the, ordinances and codes Of the City of Farmington; that I understandthis is not a permit, but only an applieation fcir a permit I acknowledge that structures will be constructed in accordance with the approved plans. i• Tock.,%4> 11 ANN.kr •ApPliCatif PrintatiNante: Applicants Signature Datc. DRAFTBD BY`4 City of Farthington 43,0 Third Street Farrnington, •MN 55024 2 wa.►1 • 0 Dakota County, MN 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. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 40 feet 5/9/2014 Page 1 of 1 http:// cdn. backyardchickens .com/e /ed/ed6bee44 entirecoop 2.jpeg 4/12/2014 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 • Fax 651.280.6899 www.ci.farmington.mn.us TO: FROM: SUBJECT: DATE: Planning Commission Tony Wippler, Planning Manager Urban Chicken Permit Application — Jason Jerabek — 19317 Ellington Trail May 13, 2014 INTRODUCTION Jason Jerabek is seeking approval of an Urban Chicken Permit. The subject property is 19317 Ellington Trail. Planning Division Review Site Address: 19317 Ellington Trail Property Owner /Applicant: Jason Jerabek 19317 Ellington Trail Farmington, MN 55024 Attachments: Legal Description: Lot Area: Existing Land Use: Surrounding Land Use: Existing Zoning: DISCUSSION 1. Application (Ex. A) 2. Site Plan / Aerial (Ex. B) 3. Picture of coop (Ex. C) 4. Picture of run (Ex. D) Lot Three (3), Block Two (2), LIMEROCK RIDGE 0.26 acres (11,246 square feet) Single - family residence The subject property is completely surrounded by single - family residences. R -1 (Low Density Residential) Jason Jerabek has applied for an Urban Chicken Permit. The permit is requesting the keeping of three (3) hen chickens on the property located at 19317 Ellington Trail. The proposed coop, as shown in Exhibit C, is approximately 23 square feet in size. The coop itself is just over 4 feet in height, but it will be elevated off the ground with timbers an additional 18 inches bringing the overall height of the structure to approximately 5.6 feet. The applicant does plan to construct a chicken run adjacent to the coop. The run is proposed to be 4 feet in depth and 4 feet in length (16 square feet total) with a fence height of 4 feet. The coop and run as proposed meet the requirements identified in Section 10 -6 -29 of the City Code. As shown in Exhibit B, the coop and run are proposed to be located in the rear of the property behind the southwest corner of the home. The proposed location meets all setback requirements listed in Section 10 -6 -29 of the City Code and will be approximately thirty five (35') feet from the nearest home adjacent to the South (the minimum distance from coop and run to adjacent homes is twenty -five (25') feet). In addition, the coop and run are proposed to be setback further than the required 10 feet from all property lines. Lot coverage is not an issue with this application. The lot coverage with the proposed coop will be approximately 20.05 %. The maximum lot coverage allowed in the R -1 Zoning District is 30 %. Section 10- 6- 29(K)6 states that 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. Currently, the only portion of the rear of the property that is fenced is along the northern property line. This property line is fenced with a 4 foot high chain link fence. The applicant has indicated that no additional perimeter fencing will be added with the coop and run. Due to the topography of the property and proposed placement, the coop will be fairly visible from the adjacent properties to the north and south. If the permit is approved, a condition of approval should be that the applicant work with staff on screening the coop and run in an appropriate manner. ACTION REQUESTED Approve the Urban Chicken Permit subject to the following conditions: 1. A renewal permit shall be applied for and administratively approved every year after the Urban Chicken Permit has been approved that chickens are kept on the property. 2. The applicant shall work with staff to provide additional screening of the coop and run from the properties adjacent to the north and south. 3. All other requirements specified in Section 10 -6 -29 of the City Code shall be abided by. Respectfully submitted, I Cr?`-'7 Tony Wippler, Planning Manager Cc: Jason Jerabek, 19317 Ellington Trail xr A City of Farmiington 430 Third Street Farmington, Minnesota 651280.6800 Fax 651.280.6899 www.ct.farmington.mn.us APR 'Q URBAN CHICKEN PERMIT APPLICATION 1 o Please identify coop and run information on a scaled site plan or property survey that shows lot lines, structures and existing conditions. Site Address for chickens: )g317 E 11 inj for Tc The above referenced property's Homeowner's Association rules, if any, do not prohibit the keeping of chicks on the property: (please initial) Yes No Not Applicable e/ Applicant: 1tasov Serrb -e . Address: j9311 E11rF,cl +or, Tr I Street ✓ City Property Owner Name: Address: r m �v� •'� o :VeZ rvx v... . c. 5 eibb, e_ Phone: 95";?-- 1?9'7 tv State Zip Code Street Property Owner Signature (If different than applicant): Current Zoning District: Current Land Use: ('e $ r c 1 Srtrr.€ City ecLet; L State Phone: �� „� ow e . ("1-5) t^c: Zip Code Date: 31 S f If Coop/Run Information Number of Chickens: 3 Dimension of chicken coop: X t �j� ,C i.� $. I0 J k r 50 w '4 Le- (detailed plans & elevations required) i f f � Dimension of chicken run: q k X (detailed plans Sc. elevations required) Description of exterior materials for the coop: and run: IA) .Cad' w tL e- i A f bal4” S1. /eS4 o -ce,n oar Cotrs2re w +- Will a fence be added in addition to the coop and. run? Yes No If yes, describe location, size and materials for fence: 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. —3-4,1 5 b P-■ —re- rctb k Applicant's Printed Name t .41.( 1" Nl,pt 9 01 ' tTT hyalip 1E9b DRAFTED BY: City of Farmington 430 Third Street Farmington, MN 55024 s anti ICCItO 5a� Rockport Hoses Lot 3, Block 2, LIME ROCK RIDGE. City of Farmington, Dakota County, Minnesota and reserving easements of record. N9O' 00' 00' E 69. 45 LOT SO. FOOTAGE = 11, 220th PROPOSED ELEVATIONS Top of Foundation Garage Floor Basement Floor Aprox. Sewer Service Elev, Proposed Elev. Existing Elev. Drainage Directions Denotes offset Stake • 44,4.0 • 9b3.b • 460. Es • YercPy • • • • o SCALE ; 1 inch • SO Feet BENCHMARK= 7HHe 53,54 Elev. 933.24 MIN. SETBACK REQUIREMENTS Front - 2O House Side - Rear - a Garage Side - ,. DLUND Ptlnntn, el,rvwylee *t Ott Illmeiritsi Rimy el.11ihWy I eamie RM 1.I.IAre Ism OHM 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF THE BOUIEDARIES OF THE ABOVE DESCRIBED PROPERTY AS SURYEYEO BY NE OR UNDER NY DIRECT SUPERVISION AND DOES NOT PURPORT TO SHOW INPROVEIENTS OR ENCROAC IAINTS, EXCEPT AS I', DfLI INIESOIA Lt Dete ! �r94 L 14 76 NUMBER JOB NO: 94R- 535 800K: PAGE: CADD FILE: ONO. CHK. Rock44 Dakota County, MN 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. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 40 feet 5/9/2014 5-0 w e Soy t(r 6 iii il � �C e r i it i oo a �?' flail' °n✓ 4- Coop te.fi Ii b - c pl €-'ly r co)erka to; bc 40 preve,.,4 c.1,51.'`�j 1111111111 11 t rill I 11 rilitilinfin 1111111111# rim pi 111111111111 ainiummi V1 u PO 1111110AMI 1 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, Planning Manager SUBJECT: Variance request for: a) Waiver of plat requirements to allow a reduced side yard setback for an existing home; and b) Reducing the rear yard setback adjacent to an alley for the construction of a detached garage DATE: May 13, 2014 INTRODUCTION Michel Pleau is requesting approval of two variances. The variances that are being sought are: • A variance from the waiver of plat requirements to allow a reduced side yard setback for an existing home; and • A variance reducing the rear yard setback adjacent to an alley for the construction of a detached garage. The subject property is located at 39 Oak Street. Planning Division Review Applicant: Michel Pleau 5332 Upper 147th Street W. Apple Valley, MN 55124 Property Address: 39 Oak Street Legal Description: Lots 5 and 6, Block 14 Town of Farmington Attachments: 1. Variance Application — Exhibit A 2. Waiver of Plat Application — Exhibit B 3. Certificate of Survey — Exhibit C 4. Photographs of property — Exhibit D 5. Aerial of property and surrounding area — Exhibit E Existing Zoning: R -T (Downtown Transitional Mixed Use) 2030 Comprehensive Plan: Low Medium Density Residential DISCUSSION Two variances are being requested for the property located at 39 Oak Street. The property consists of two lots that had been previously combined into one large residential lot. The applicant recently purchased the property with the intent to split the lot back to its original configuration (2 — 60' x 170' lots) in order to build a new home on the proposed vacant parcel (shown as Lot 5 on the attached survey). The first variance is to allow a reduced side yard setback for the existing home upon the granting of a waiver of plat from the newly created lot line. Section 11 -1 -5 of the City Code requires that a lot(s) meets all the requirements of the underlying zoning ordinance, including setbacks, for a waiver of plat to be granted. If the lots are split back to their original configuration (60' wide lots) the existing home addressed as 39 Oak Street would be setback 5.4 feet from the new lot line. Additionally, there is an existing stairwell that leads from an elevated entry door on the west side of the home that would extend over the newly created lot line. The applicant is proposing to have a three (3') foot wide landing from the door and extend a sidewalk adjacent to the home north to connect with the existing sidewalk located on the north side of the home. The portion of stairwell and sidewalk that extends over the proposed lot line would be removed. With the proposed stairwell and sidewalk, the side yard setback would be reduced to 2.4 feet. The property is zoned R -T (Downtown Transitional Mixed Use) and requires a six (6') foot side yard setback. The first variance request is to reduce the side yard setback to 2.4 feet to allow for the three (3') foot landing and stairs. The second variance that is being sought is to allow for a reduced rear yard setback for a detached garage to be built on the lot shown as Lot 6 on the attached survey. The property currently has an existing detached garage that would be bisected by the newly created lot line. This existing garage is not in a structural condition that would allow for it to be relocated, so the applicant is proposing to demolish the existing garage and build a new 24' x 24' detached garage on the lot for the existing home at 39 Oak Street. As previously mentioned the property is zoned R -T and the rear yard setback for detached garages adjacent to an alley is ten (10') feet. The proposed garage would be setback four (4') feet from the rear property line. It should be noted that the access to the current detached garage comes from First Street not the alley. The proposed garage would access off of First Street as well. To require the garage to be setback at the ten (10') foot requirement would mean the removal of mature landscaping along the south side of the garage. It should also be noted that the proposed garage would be setback an additional 1.5 feet further than the existing garage from the rear property line. The second variance that is being requested is a variance of six (6') feet to allow the construction of a detached garage four (4') feet from the rear property line (alleyway). The Planning Commission shall not approve any variance unless they find that "practical difficulties" as defined in City Code exist using the following criteria: 1. Because the particular physical surroundings, or shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the regulations of this title would cause practical difficulties. 2. That the variance would be consistent with the comprehensive plan. 3. That the variance would be in harmony with the general purpose and intent of this title. 4. The conditions upon which the variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other properties within the same zoning classification. 5. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having any interest in the parcel of land. 6. The granting of the variance will not alter the essential character of the locality or be injurious to other property within the vicinity in which the parcel of land is located or substantially diminish property values. 7. The proposed variance will not substantially increase congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. 8. The requested variance is the minimum action required to eliminate the practical difficulties. 9. Variances may not be approved for any use that is not allowed under this title for property in the zone where the affected person's land is located except that the temporary use of a one - family dwelling as a two- family dwelling may be authorized by variance. It is staffs belief that practical difficulties do exist and that the criteria for granting the variances as requested have been met. ACTION REQUESTED Staff recommends approval of the variances as requested subject to the following conditions: 1. Execution and recording of a waiver of plat application. 2. Submission and approval of a building permit for the proposed improvements. Respectfully submitted, Tony Wippler, Planning Manager Cc: Michel Pleau Dan Gustafson City of Farmington 430 Third Street Farmington, Minnesota 651280.6800 • Fax 651.280.6899 www.ci.farmington.mnus APR 14 VARIANCE APPLICATION Applicant: /%} s c A P %Gill Telephone: (6 4 %3a' 6100 Fax: ( ) Address: 47-7-5.2 /4/2r# fel 1/ /)7 Street Owner: 4.44» /4 A+1fe1 44c Address: .S"1J02- Uftw. Street Premises Involved: Wel State Zip Code Telephone: (Grp.) 730 "/4200 Fax: ( ) / €7W"` t/0/ a)/4, City /esti State Zip Code 4.4 .r4). 4 d loaf( ice %o✓n 04 Pia »Y+'1 iii ffsri, / A tea // Goo N% /�flittr•7i Address/ Legal Desdription (lot, block, plat name, section, township, range) , 11,...c,,-.7 Current Zoning District Current Land Use S� / to tf /ic F .: 4 Specific Nature of Request / Claimed Practical Difficulties: 49 k-I ?►m 1 #lo ace 1,„, 44 1L6. Ct4C s 110 jOPd1/ .>� �/n / G/G SUBMITTAL REQUIREME NTS € Proof of Ownership € Application Fee ($200) € Boundary / of Survey eNsti Z 7i. F, f J•t a c F' :. t%% site", , par_ *it .v. /. Xt ,kC i- GovutSM ut%rzc7.., csyf bel- - Yf 614"z446*"': Copies of Site Plan Abstract/Residential List (adjoining property owners only) Torrens (Owner's Duplicate Certificate of Title Required) Signature of Proper 4 wner �Y e. c%✓ .1 o R 1 c S 97 b* e Signature of Appli ; n ate Request Submitted to the Planning Commission on For office use only Public Hearing Set for: Advertised in Local Newspaper: Planning Commission Action: Comments: Approved Denied Fee Paid $200 — City of Farmington $46 — Dakota County Recorder Conditions Set: Planning division: Date: 9/06 DRAFTED BY: City of Farmington 430 Third Street Farmington, MN 55024 City of Farmington 430 Third Street Famingtmm, N1imtcwta 651.2060200. Fax 651.280.6699 N \t N.cilorminitn(Lntau. APR 14 WAIVER OF PLAT APPLICATION FILED Applicant: /2 IC Telephone: (WA) 73 0 go Fax: ( ) Address: sr" ' Uy ~� /Y7 a« /// Cta /y `r1w Street City State S73-7 A.P- Zip Code Owner: i rliis;J /II•0-1 L-4 f` Telephone: co) J30 - /2,06 Fax: (_) Mailing Address: f"'2'"' U /�� /Will i aA/ A74✓ J-5—lx F Street TT // City State Zip Code Surveyor: cZad. / Z f .%,.A Telephone: ( h//, ? 'kW" Fax: (__) Address: ,21 Q),9 gC Pa`1 Lt/A v Ad 4,14 /Yl• ,t" !' o qv Street ! City State Zip Code Premises Involved: Loll' r 4 %4 C �aG /C! 5%y Tr„n p,l Fjowi ii7p4r4 A Al �j 40. MOI.1J Address/ Legal Description (lot, block, plat name, section, township, range Property Description: .S/rrfIe cam r j 4QiC t , Municipal Sewer Available? (*YES ONO Municipal Sewer Available? AYES ONO Have all necessary street dedications been made? O YES ONO 0 Torrens (Owner's Duplicate Certificate of Title Required) 0 Fee paid ($125.00 /staff time) gnature of Own r// 31/ Connections In? 0 YES ONO Connections In? OYES ONO 0 Abstract 4/1/ /V ate Request Submitted to the Planning Commission on Public Hearing Set for: For office use only Advertised in Local Newspaper: Planning Commission Action: Approved Denied City Council Action (if necessary): Approved Denied Comments: Conditions Set: Planning division: Date: 9/06 DRAFTED BY: City of Farmington 430 Third Street Farmington, MN 55024 HOUSE 1 CERTIFICATE OF SURVEY I hereby certify that this is a correct representation of a survey of: Lot 5 and 6, Block 14, TOWN OF FARMINGTON, Dakota County, Minnesota, according to the recorded plat thereof. And that this survey and certificate was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the State of Minnesota. Grant D. Jacobson, N License No. 23189 Dated this 1st Day of April, 2014 S 89 °52'17" w ALLEY 120.00 SCALE IN FEET 0 20 40 I I 1 1 10 ('1-r A L.\./ I `1- ZYr I GA' •' I/ 2Y IIr/ ` V O G LOT 5 CONC. WALK CONCRETE CURB AND GUTTER 3 U 5.4 LOT 6 120.00 N 90'00'00" W CONC. WAL 30 CONC. WALK OAK STREET PROPERTY ADDRESS: 39 Oak Street Farmington, MN 55024 REVISIONS PREPARED FOR: Affinity Homes, LLC 5332 Upper 147th Street W. Apple Valley, MN 55124 JACOBSON ENGINEERS & SURVEYORS 21029 HERON WAY LAKEVILLE, MN 55044 (952) 469 -4328 jacobson®engrsurv.com DRAWN: GAM CHECKED: GDJ BEARINGS ARE ASSUMED DATUM PROJ: 214023 DATE: 4/01/14 SCALE: AS SHOWN o — DENOTES IRON MONUMENT F.B.: A 2 „021 Dakota County, MN ex� 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. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 40 feet 5/9/2014 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, Planning Manager SUBJECT: Discussion of Limited Commercial Ventures Ordinances DATE: May 13, 2014 INTRODUCTION Attached, for discussion purposes only, are three ordinances all related to Limited Commercial Ventures. DISCUSSION Over the last several months the City's Heritage Preservation Commission [HPC] has been working on developing an ordinance that would allow certain commercial establishments to be located within properties/buildings that have been designated or are eligible for designation as Farmington Heritage Landmarks. The draft ordinance that is attached was developed in response to a request that staff had received regarding the Akin House (19185 Akin Road) from a potential buyer of the property. The individual wanted to know if the property could be utilized for commercial purposes. The property is zoned residential and would come with some challenges with utilizing it for commercial purposes. The HPC requested that staff look into an ordinance that could address the potential use of the City's landmark homes (which are all zoned residential) for limited commercial establishments provided certain criteria are met and a CUP is reviewed and approved by the HPC and Planning Commission. The attached ordinance was based on an existing ordinance that the City of Cottage Grove has implemented. As previously mentioned, the City's Heritage Preservation Commission has reviewed the draft ordinances in their current form. The HPC reviewed the ordinances at a special meeting on April 29, 2014 and at that meeting with a vote of 5 -0 recommended that the ordinances be forwarded on to the Planning Commission for consideration and a public hearing. ACTION REQUESTED Discuss the attached ordinances and provide feedback to staff. If the ordinances are acceptable to the Planning Commission a motion to direct staff to set a public hearing would be appropriate. Respectfully submitted, Tony Wippler, Planning Manager CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE ADDING SECTION 10 -6 -30 RELATED TO LIMITED COMMERCIAL VENTURE PERFORMANCE STANDARDS THE CITY COUNICL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 10 of the Farmington City Code is hereby amended by adding Section 10 -6 -30 to read as follows: 10 -6 -30: LIMITED COMMERCIAL VENTURE STANDARDS: (A) Limited commercial ventures shall be allowed to be conducted at historic properties located within residential zoning districts subject to the approval of a Conditional Use Permit. All Limited Commercial Ventures must meet the established performance standards of section (B) of this entry; and containing one or more of the following uses: class I restaurant, catering centers, reception facilities, meeting or conference facilities, professional office uses, museums, art galleries, antique shops, craft boutiques, or other uses deemed similar by the Zoning Administrator. (B) Historic Property Performance Standards: In order to be considered eligible for a historic properties Limited Commercial Venture conditional use permit, properties must be in conformance with the following: 1. The applicant demonstrates that the historic characteristics of the property cannot be maintained reasonably and economically unless the conditional use permit is granted. 2. Must be designated or determined eligible for designation as a Farmington Heritage Landmark, or be on the National Register of Historic Places. 3. Adequately sized to meet the proposed use. 4. Adequately served by municipal services or a septic system with adequate capacity for the proposed use. 5. In conformance with all applicable building and fire codes, and ADA requirements. 6. In conformance with all state and county health regulations. 7. In conformance with the city's off street parking requirements pursuant to Section 10 -6 -4 of the zoning ordinance. 8. Adequately situated and designed so as to not create a significant traffic impact on adjoining public roadways, and includes safe ingress and egress to the site. 9. The development meets all applicable setback requirements. 10. Activity areas are appropriately screened from adjoining properties. 11. The property and land use are adequately designed so as not to create an adverse impact on the residential character of the surrounding area. 1 12. The development meets all applicable commercial site development performance standards. 13. The development does not create any increase in the level of noise, air, or other pollution which would have an adverse effect on other properties. 14. One advertising sign not to exceed twenty (20) square feet. 15. Site improvements meet the city's historic preservation standards and guidelines. 16. A certificate of appropriateness shall be obtained for site work to preserve, rehabilitate, restore or reconstruct historic buildings, structures, landscapes or objects. (C) All applications for a Limited Commercial Venture Conditional Use Permit shall be processed in accordance with Section 10 -3 -5 (B) of the City Code with the exception that the Heritage Preservation Commission shall review all Limited Commercial Venture applications and provide a recommendation to the Planning Commission. (D) The Planning and/or the Heritage Preservation Commission may modify the standards or require additional standards that are site specific in order to assure the compatibility of the activities of the Limited Commercial Venture with the neighborhood in which it is located. (E) The Planning Commission and Heritage Preservation may review the Conditional Use Permit annually and may either continue or modify the conditions of the permit if agreeable by both Commissions. (F) The Planning Commission may terminate the Conditional Use Permit, after review and recommendation from the Heritage Preservation Commission, anytime the owner fails to adhere to the standards and conditions established by this section or contained in the Conditional Use Permit. SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this day of , 2014, by the City Council of the City of Farmington. CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: By: David McKnight, City Administrator SEAL Approved as to form the _ day of , 2014. Published in the Farmington Independent the By: City Attorney 2 day of , 2014. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10 -2 -1 OF THE ZONING CODE DEFING LIMITED COMMERCIAL VENTURE THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. The City of Farmington City Code, 10 -2 -1 Definitions is amended by adding the language below as follows: LIMITED COMMERCIAL VENTURE: A commercial establishment conducted in a residential structure located on a residentially zoned parcel of land and in which the structure has been designated a Farmington Heritage Landmark and /or is listed on the National register for Historic Places. Such uses include class 1 restaurant, catering centers, reception facilities, meeting or conference facilities, professional office uses, museums, art galleries, antique shops, craft boutiques, or other uses deemed similar by the Zoning Administrator. SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this day of , 2014, by the City Council of the City of Farmington. CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: SEAL Approved as to form the BY: David McKnight, City Administrator day of , 2014. Published in the Farmington Independent the By: City Attorney day of , 2014. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 10 -5 -6 (R -1 LOW DENSITY RESIDENTIAL), 10 -5 -7 (R -2 LOW/MEDIUM DENSITY RESIDENTIAL), 10 -5 -8 (R -3 MEDIUM DENISTY RESIDNTIAL), 10 -5 -10 (R -5 HIGH DENSITY RESIDENTIAL), 10 -5 -11 (R -T DOWNTOWN TRANSITIONAL MIXED USE), AND 10 -5 -12 (R -D DOWNTOWN RESIDENTIAL DISTRICT) ALLOWING LIMITED COMMERCIAL VENTURES AS A CONDITIONAL USE THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Sections 10- 5 -6(C), 10- 5 -7(C), 10- 5 -8(C), 10 -5 -10 (C), 10- 5- 11(C), and 10-5 - 12(C) of the Farmington City Code be hereby amended as follows by adding the following use in the aforementioned sections of City Code: 2. Conditional: Limited Commercial Venture SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this day of , 2014, by the City Council of the City of Farmington. CITY OF FARMINGTON ATTEST: SEAL Approved as to form the By: Todd Larson, Mayor By: David McKnight, City Administrator day of , 2014. By: City Attorney Published in the Farmington Independent the day of , 2014.