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HomeMy WebLinkAbout08/16/16 Special Planning Meeting City ofFarmington A Proud Past-A Promising 430 Third Street Future Farmington,MN 55024 Committed to Providing High Quality, Timely and Responsive Service to All of Our Customers AGENDA SPECIAL PLANNING COMMISSION MEETING August 16, 2016 7:00 PM City Hall Council Chambers 1. CALL TO ORDER 2. APPROVAL OF MINUTES (a) Approve Planning Commission Minutes 3. PUBLIC HEARINGS (a) Conditional Use Permit, Site Plan and Preliminary and Final Plat-Hy-Vee, Inc. (b) An amendment to a Planned Unit Development-Trinity (c) Variance request from the Minimum Front Yard Setback in the R-2 Zoning District (d) Variance request to allow the construction of a detached garage on a legal non- conforming lot (e) An Ordinance amending Title 10, Chapter 4 of the Farmington City Code Opting- Out of the Requirements of Minnesota Statutes, Section 462.3593 (f) An Ordinance amending Section 10-6-10 of the Farmington City Code as it relates to landscaping requirements 4. ADJOURN ,0111*, City of Farmington h p 430 Third Street c.) Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 PP4,0 `■r.� P www.cifannington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Approve Planning Commission Minutes DATE: August 16, 2016 INTRODUCTION Attached, are the minutes from the June 23, 2016 special meeting and the July 12, 2016 regular meeting. DISCUSSION NA ,ACTION REQUESTED Approve the minutes from the June 23,2016 special meeting and the July 12, 2016 regular meeting. ATTACHMENTS: Type Description o Backup Material June 23,2016 Special Meeting Minutes o Backup Material July 12, 2016 Regular Meeting Minutes Planning Commission Minutes Special Meeting June 23,2016 1. Call to order Chair Rotty called the meeting to order at 7:00 pm Members Present: Rotty,Bjorge,Franceschelli,Rich - Members Absent: Kuyper Also Present Tony Wippler,Planning Manager 2. Public Hearing- Chair Rotty opened the public hearings a) Review of Preliminary,Final PIats and Site Plan for This Little Piggy Catering--Continued— Planning Manager described proposed project to the board. 18,000 square foot structure would include office space,catering and preparation area along with a banquet area. The current building would be demolished after completion of the new building. Motion by Bjorge second by Franceschelli to close the public hearing. APIF,Motion Carried. Motion by Franceschelli second by Rich to approve the site plan subject to the following conditions: • Submittal and approval of a sign permit application for all signage to be placed on site. • Demolition of the existing building should commence within one month of issuance of the Certificate of Occupancy for the new building and after a demolition permit has been approved by the city. • Satisfaction of all Engineering and Planning Comments APIF,Motion Carried. Motion by Rich second by Franceschelli to recommend approval of the preliminary and final plats with the following conditions: 1.The submittal of a Parking lot and Landscape surety acceptable to city staff. 2.The execution and recording of a public right-of-way easement for the frontage road, and forward to the city council for action. APIF,Motion Carried. 3. Motion by Franceschelli second by Bjorge to adjourn at 7:30pm. APIF,Motion Carried. Respectfully Submitted, Nate_.fitiliii• Sue Miller Administrative Assistant Planning Commission Minutes Regular Meeting July 12,2016 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty,Bjorge,Franceschelli,Rich Members Absent: Kuyper Also Present: Tony Wippler,Planning Manager 2. Approval of Minutes a. MOTON by Franceschelli second by Bjorge to approve the minutes of June 14,2016. APIF,MOTION CARRIED. 3. Public Hearings—Chair Rotty opened the public hearings a. Variance Application—To Encroach into a Drainage and Utility Easement The applicant is Andre Mak, 19453 Elkridge Trail. The applicant would like to encroach 2 feet into the drainage and utility easement at the back of the property to construct a deck onto the rear of the home. MOTION by Bjorge,second by Rich to close the public hearing. APIF,MOTION CARRIED. MOTION by Franceschelli,second by Bjorge to approve the requested variance to encroach into the rear yard drainage and utility easement by 2 feet for the purpose of constructing a deck on the property subject to submittal and approval of a building permit for the construction of the deck. APIF, MOTION CARRIED. • b. Variance Application—For a Building Expansion on a Legal Nonconforming Lot The applicant is Patrick Flynn of Eternity Homes,425 Third Street. The applicant is seeking a variance to expand the existing building by adding a 960 square foot addition onto the rear of the building for more office and meeting space. The addition does include a second story. Mr.Doug Klemmenhagen owns the adjacent building being rented by Mr.Flynn. Mr. Klemmenhagen was in favor of these improvements,but wants his building to remain unchanged. The only change will be moving the utility pole in the back of the building. Commissioner Franceschelli suggested Mr.Flynn contact Mr.Robert Vogel,the Heritage Preservation consultant for ideas on building materials and design. MOTION by Bjorge,second by Franceschelli to close the public hearing. APIF, MOTION CARRIED. MOTION by Rich,second by Franceschelli to approve the requested variance to allow the expansion of the existing building at 425 Third Street subject to the applicant meeting the city code by incorporating a second approved material to the elevations that are exposed to the public view and the submittal and approval of a building permit. APIF,MOTION CARRIED. Planning Commission Minutes July 12,2016 Page 2 4. Discussion a. Temporary Health Care Dwelling Units The legislature has passed a bill requiring cities to allow temporary accessory dwelling units. These would serve as a short term care alternative for a mentally or physically impaired person by allowing them to stay in a temporary accessory structure on a relative's or caregiver's property. Staff has several concerns with meeting building codes,ordinances and hooking up to utilities. The law would go into effect September 1, 2016. The law does provide cities an opportunity to opt out of the law through passage of an ordinance. Commission members shared the same concerns as staff and agreed to opt out of the law. However,the commission recommended we look at our own ordinance to address this situation. Staff was directed to hold a public hearing at the August Planning Commission meeting to formally decide whether to opt out and to send their decision to the City Council. 5. Adjourn MOTION by Franceschelli,second by Bjorge to adjourn at 7:58 p.m. spectfull submitted, f ynthia Muller Administrative Assistant of ti. City of Farmington 44.46)..^ 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: Conditional Use Permit, Site Plan and Preliminary and Final Plat-Hy-Vee,Inc. DATE: August 16, 2016 INTRODUCTION Hy-Vee, Inc,has submitted the following documents for review by the Planning Commission: 1. Preliminary and Final Plats -Vermillion River Crossings Third Addition. 2. Conditional Use Permit for a Supermarket Grocery Store and a Convenience Store with Gas and Carwash. 3. Site Plan. Planning Division Review Applicant: Hy-Vee, Inc. -5820 Westown Pkwy, West Des Moines, IA 50266 Property Owners: Farmington Land LLC-90 South 7th Street#4300,Minneapolis, MN 55402 Firefly Credit Union- 1400 Riverwood Drive, Burnsville, MN 55337 Attachments: • Sheet C1.0-Topographical and Boundary Survey • Sheet C2.0-Preliminary Plat-Vermillion River Crossings Third Addition • Sheet C3.0-Civil Site Plan • Sheet C4.0-Grading&Erosion Control Plan • Sheet C5.0-Utility Plan • Sheet C6.0-Landscape Plan • Sheet A6.0-Exterior Elevations Grocery Store • Sheet A3.0-Exterior Elevations Convenient Store • Sheet A3.1 -Exterior Canopy Elevations • Sheet A3.0-Exterior Elevations Car Wash • Vermillion River Crossings Third Addition Final Plat Location: Vermillion River Crossings Development at the southwest intersection of Dushane Parkway and CSAH 50. Existing Zoning: SSC (Spruce Street Commercial) Comprehensive Plan: Commercial DISCUSSION Hy-Vee,Inc. has submitted the aforementioned applications in order to construct 57,000 square foot supermarket Grocery Store and a 4,100 square foot convenient store with gas and a four bay carwash. An attached coffee shop is also proposed with the convenience store. Conditional Use Permit&Site Plan Proposed Use: The proposed 57,000 square foot supermarket will have the typical grocery store departments including produce,bakery, delicatessen,meat, dairy,and general grocery. Other departments provided by Hy-Vee include general merchandise,health and beauty, organic,pharmacy, seafood, food service, floral,pet care, postal service and dry cleaning. The store's pharmacy will have a drive-up lane and possibly include a clinic space within in partnership with a local medical facility. The kitchen department will offer prepared foods available for on-site consumption in a casual dining area or packaged to go. Food flavor profiles include barbeque,Asian, Italian,prepared salads as well as a soup and salad bar. There is also the Market Grille Express which is a limited service dining option within the grocery. The plans also show the possibility of a wine and spirits retail space in the northwest corner of the proposed grocery store building. The city is exploring this option with Hy-Vee. The supermarket is typically opened 24 hours a day,with major departments providing counter service between 7 am and 10 pm. Atypical Hy-Vee store of this size will have approximately 400 employees. A proposed convenience store with a fueling island and coffee shop is also proposed on the lot at the southwest intersection of Dushane Parkway and CSAH 50(directly across Dushane Parkway from McDonald's). A four bay carwash is also being proposed on the convenience store lot. The convenience store is proposed to be open between 5 am and 11 pm with 24 hour fuel sales. A single-line drive through is being proposed on the rear of the convenience store for the coffee shop. Staff did suggest to the applicant that they may want to consider providing a bypass/escape lane for this drive throng), Grocery store and convenience stores with gas are conditional uses within the Spruce Street Commercial (SSC)zoning district. Setback and Lot Coverage: All setbacks are being met and/or being exceeded with all of the buildings being proposed. The lot coverage(building coverage only)is proposed to be approximately 13.3%of the proposed grocery store lot(Lot 1,Block 2 of the proposed final plat for Vermillion River Crossings Third Addition). The lot coverage for the convenience store lot(Lot 1,Block 1 of the proposed final plat for Vermillion River Crossings Third Addition)will be approximately 10.5%if built as proposed. Transportation & Off-street Parking: The convenience store site is proposing two accesses, one from Dushane Parkway and a secondary access from Knutsen Drive. The grocery store site is proposing three accesses, one from Knutsen Drive,one from Dushane Parkway and a truck/delivery access from Dushane Parkway West. The site plan shows a total of 437 total off street parking stalls between the convenience store site and the grocery store site. For the proposed uses, city code requires a minimum of 211 off-street parking stalls be provided(190 for the grocery store and 21 for the convenience store). The total spaces shown exceed the code requirement. Building Elevations and Height The Hy-Vee store façade will be a mix of durable materials including precast,brick and aluminum storefront glass. The convenience store will have the same material palette and design elements as the grocery store. The exterior materials proposed meet the exterior surfaces requirement of section 10-6-21(B)3 of the city code. The elevations generally show proposed signage. A condition of approval of the conditional use permit should be the submittal and approval of any signage placed on site. The overall height of the proposed grocery store is thirty five(35')feet. The convenience store has an overall height of approximately twenty five(25')feet. The maximum height limitation in the SSC zoning district is forty(40')feet. Landscaping A landscape plan is attached as Sheet C6.0 and has been found acceptable by staff. Lighting Plan A lighting plan was not provided with the submittaL A contigency of approval of the conditional use permit should be that a lighting plan be submitted to staff for 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: 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 and conditions that maybe 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 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. 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 he request meets all applicable city requirements for granting approval of the CUP. Preliminary&Final Plat- Vermilion River Crossings Third Addition Apreliminary and final plat has been submitted for Vermillion River Crossings Third Addition. This is a replat of Outlots A and C and Lot 1, Block 1 of Vermillion River Crossings plat. The plat creates three lots and one outlot. The breakdown of the lots are as follows: • Lot 1,Block 1 (convenience store lot): 2.641 acres • Lot 2,Block 1 (will be offered for sale for development by others): 1.505 acres • Lot 1, Block 2(grocery store lot): 9.806 acres • Oudot A(for potential development by others): 4.971 acres The Engineering Department has reviewed the submitted plans and plats and has provided the applicant with comments. Two of the comments from the engineers are regarding the additional need for easements in two locations on the plats, those comments are: 1. A 20 foot drainage and utility easement shall be provided for a future 16 inch water main connection across the southern portion of Lot 1,Block 2. 2. A drainage and utility easement shall be provided from the west end of the utility stubs on Lot 1, Block 2 to the west property line if the sewer,water and sanitary are not run to the property line. The width shall be sufficient to cover 10 feet on either side of all utilities including storm sewer, sanitary sewer, and water main. Engineering and Planning staff are recommending approval of the preliminary and final plats subject to satisfaction of all Engineering and Planning Comments. ACTION REQUESTED Staff recommends that the Planning Commission take the following actions: 1. Approve the conditional use permit and site plan subject to the following conditions: 1. The submittal and approval of a sign permit for any signage to be placed on site. 2. The submittal and approval of a lighting plan for the development. 3. The submittal and approval of a building permit. 2. Recommend approval of VERMILLION RIVER CROSSINGS THIRD ADDITION Preliminary and Final Plats subject to the following conditions: 1. The execution of a development agreement 2. The satisfaction of all Engineering and Planning Comments. ATTACHMENTS: Type Description o Backup Material Hy-Vee Submittals t" O I^ gp Iti I U e 't-. CU;''''' 1 6 a. ; 6M-1 V i a ii il it l— i13gF1 I; 1' _ I1 81 1 tiY091 , ill ii!ri 1 1 1.4 MO ii01 i 5 tol l p I Ili i 41! iiihninliiinhilliiiiiiii 9 atj,s de; % i I 1l1 { e Ji!I yr it a.aw cu. t•aOlry”+e l.e.11n •vl •• $g?t i %.:\ \\N\,:‘,.,. .!. 4,11 \\\. 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Ill _ i li I I. eia 1 i o�Ep►RMi4, City of Farmington 430 Third Street Farmington,Minnesota a 651.280.6800 -Fax 651.280.6899 .,,,,ro11° www.cifarmington.mn.us TO: Planning Commission FROM: Tony Wippler,Planning Manager SUBJECT: An amendment to a Planned Unit Development-Trinity DATE: August 16, 2016 INTRODUCTION Attached, for the Commission's review and recommendation is an ordinance for a Planned Unit Development(PUD)amendment for the Trinity Care Center Campus generally located east of Trunk Highway 3, south of 213th Street W. DISCUSSION Farmington Health Services dba Trinity Care Center is requesting an amendment to the Planned Unit Development for the property located at 3410 213th Street West. The original PUD plan(see attached original plan)was approved by the City Council on November 19,2012 and contained the following proposed site changes: • Construction of an additional ten(10)bed group home for Memory Care residents, identical to the one that previously opened in 2012. • The demolition of the remaining hospital building and the construction of a utilities addition to the existing skilled nursing care center. • The construction of two (2)senior living apartment buildings on the west side of the property. The proposed amended plan(as attached)makes several changes to the original plan,including: • It removes the two senior living apartments from the plan. • adds a twenty nine(29)unit nursing home addition near the north end of the site. This addition is approximately 29,435 square feet in size. • Shows a reduced front yard setback for the nursing home addition. The R-5 code requires a twenty five(25)foot front yard setback. The nursing home addition on the amended plans shows a front setback of eighteen and one-half(18 1/2')feet. • Adds a 5,977 square foot addition onto the north side of the existing nursing home for office, storage and delivery space. • The parking for the site is also being reconfigured with this amendment. The overall parking for the site will be reduced with the amendment to 105 off-street parking stalls. The originally approved plan called for 130 off-street parking stalls. This is a reduction of 25 spaces. ACTION REQUESTED The Planning Commission should recommend approval of the attached ordinance amending the subject Planned Unit Development and forward that recommendation on to the City Council. ATTACHMENTS: Type Description © Backup Material PUD amendment application © Backup Material Property survey Ci Backup Material Proposed amendment plan Ci Backup Material Proposed building layout © Backup Material Original PUD plan el Ordinance PUD amendment ordinance City of Farmington �.:. 430 Third Street JUL U 8 2016 V.41—;;;;p Farming,Minnesota F 651280.6800•Fax 651280.6899 Ow IIIII. PLANNED UNIT DEVELOPMENT APPLICATION Parnungton Health Services clba Applicant Trinity Care Center Telephone:(651) 463.7818 Fax: (651)460.2009 Address: 3410-213th Street West Farmington MN 55024 Street City State Zip Code Owner: St Francis Health Setrvites of Morris,Tile Telephone:(329 589.2004 Fax: 020)589.1270 Mailing Address: 801 Nevada Avenue Moths MN 56267 Street Trinity Health Care 1sAdtion;Lot,H1ryv SOUTR SUBURBAN FIRST ADDZfKNhaordag to the recorded plat thereof,7t a �j..IrtmnesMa.and The north 180 feet of the South Half of theNorth Two Thirds of the Southwest Quarter of the Northwest Quarter of Section 32,Township 114 Range 19,Dakota County,Minnesota,EXCEPT Premises Involved: the south 60 feet of Slowest 200 feet thycaeoL and That part of vacated Elm Street desen'bed as follows Beginning et the Southwest comer of Lot 1,Block 1,South Suhorban First AQ�� etiri trd z't ith �ifed .it 8.49 feet to eb South]toe of said lot;thence West 85 feet along the south ane a=tdiot to the uthwest corner of Lot 1,Block 1 and terminating. Fee:$300 paid Current Zoning District R5 Names&Addresses of All Owners: See above. Sole owner. SUBMITTAL REOUIREMENTS—SEE ATTACHED FORM"A" Signature of Applicant to Schematic Plan For office use only 1. PIanning Commission Action Recommended Approval Recommended Denial 2. City Council Action Approved Denied Preliminary PUD Plan 1. Public Hearing Set for: Advertised in Local Newspaper • 2. Planning Commission Action Recommended Approval Recommended Denial 3. City Council Action Approved Denied Final PUD Plan 1. City Council Action Approved Denied Comments: Conditions Set: Planning division: Date: 9106 o N 002 32•E 119.0 III 41 I. I 1 i!13 11100°•oo:.iogoMej IT. II, Al i Tilli iiiilliii[ifif ifi / 141 . 1/ rg w 1 Ili 1 i id i /Ae;''''''' * 1* . 9 : i 1 I/ / .6 Y ti 1. AiL 0 • BUILDING a A,.g1,RP I,,. R,,,.,, N 0026'25 E .. 5 a\� .q -'t 1 C1-18 • 9• r @ .,� $� ill i 1 •-....., oz , , r L / )§ @ Cm cL .i, ' k, 4 I 6 9 al�' r 1 Z ® 4) ¢ 4 I. "i''I 9 �s 1 �5� 41}a a ` ? 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Kli Wo `z, ■ i `_.; • ,aaaaa zzW • 8 cr z= iI ZZw 7 II 62 1 Cli i J.' , . ,.,. ,,,,. Avid \\ I I W i t,{: � blFlll w 2 P.' \‘.. � N¢ 0 1 O• I \ I 0a - & Zw - I WQ - I Z 0y C. - I ° . I Y — I o ZW - I w< 0j[' a 7O1/ 41- oN —I %, ›.."-r / _ I I 1 / � /I // ,/ I jl / / I 1 % I / / I // / i 1 , / . SD L• sD i P.F JqiiR 'I SIOR �a �� :,T7 afle CI11E ...i'—',-4 .== imiL 0 rox•mr iv 1 __LIP k'1 'M : H - - _o - -- Pr 61660i/a r MING .= DINING • r 7 n��1"'IF�r ' STORAGE ' ---.- ILIH- ��'III # _,-i * 4 * 4 i 0 'NI 0 a ® o a b chw v' 1 A Ili , I tk # . i �i aro is, 0 mi I''.4111141 I Ili i II i i di lid aro O' � 4' 91.1 S.T.FRANCIS TRINITY CARE CENTER aTE os-zl-ls HEALTH SERVICES -XXX- °°""`" z"I"r.:= PROJECT NO 1 001 05 A 2 ehei7 '10eao �rt�� COUP...NG 160105 P 2 MORRIS,MN FARMINGTON,AIN 701 282 22150 va_mn DRAWNBY K A C i J VN Ammo -av am+.. �t+CBc,..1.1/089m+....53w9t�6�0➢ "10�0"'®d"°�"••••-I••.•,,••xoux.msoaarmw m1ceaas,,,...�.--•.0ONIMV emu�aarn "w ° d S LOS= vN, mOlarla — $ xa�wV W o so z I. � o alieNJIS3O��3I IV21d SOIA3S Hii Q, ativ ztaoot mwmavau ' .: �IldW3H�S 3115 , . .. : V IA'IS 1 .� I I ti� 11 I I . ,- Ir L . 1 • it \ t I 1 .1i \ Ii I 040I 1 _ • l t I .ice ,1 11 Sw, \ t I i ,f UJ i l.WWa,1.E — i o i1 � f LIJ II I ! ! h I N ++ I- i •uwrat 1111111 lei 13 Q '4; 4 jo Z• r= 1 ! i IIIAilllliiiIII 0 _ =. , .\ , , 1 NN...4k it // f // I ��• , s i '\\‘,\ \ / 1 -',.• -.. •' Z 4 I / • Ir / / I IICI i ♦\ 0.1 I N I ) Q 0- ce 14 IL e CITY OF FARMINGTON _ DAKOTA COUNTY,MINNESOTA ORDINANCE NO. An Ordinance Amending the St.Francis Health Services of Morris,Inc. Planned Unit Development(PUD) THE CITY COUNCIL OF TRHE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: WHEREAS, the City Council approved the Schematic Plan for the St. Francis Health Services of Morris, Inc. Planned Unit Development(PUD)on the 19th day of November,2012 and the 12.94 acres known as the St.Francis Trinity Campus and legally described as Lot 1,Block 1, TRINITY HEALTH CARE 1ST ADDITION and rezoned the property to R-5 PUD;and WHEREAS,the original plan,as approved, included the construction of an additional ten(10)bed group home for Memory Care residents,the demolition of the remaining hospital, construction of a utilities addition to the existing skilled nursing care center,and the construction of two(2)senior living apartments on the west side of the property. WHEREAS,The St. Francis Health Services of Morris are requesting to amend the previously approved plan by removing the two senior living apartments and replacing them with an additional twenty nine(29)unit nursing home addition and additional office,storage and delivery space. WHEREAS, the proposed nursing home addition is shown on the amended plans as having a front setback of eighteen and one-half(18 'A') feet. The R-5 zoning district requires a minimum front yard setback of twenty five (25)feet. WHEREAS,The parking for the site is also being changed with this amendment. A total of 105 off-street parking stalls are shown on the proposed plan,this is a reduction of approximately 25 spaces from the original plan. NOW,THEREFORE,BE IT ORDAINED that the City of Farmington hereby approves these amendments to the St.Francis Health Services of Morris,Inc.Final PUD Plan Enacted and ordained the_day of ,2016. CITY OF FARMINGTON By: Todd Larson,Mayor ATTEST: By: David McKnight,City Administrator SEAL Approved as to form the_day of ,2016. By: City Attorney 4110 City ofoFarmington 43sitb _� a Third Street j Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 �+..,,,,�•�° www.cifarmington.rnn.us TO: Planning Commission FROM: Tony Wippler,Planning Manager SUBJECT: Variance request from the Minimum Front Yard Setback in the R-2 Zoning District DATE: August 16, 2016 INTRODUCTION The applicants,Mike and Paula Higgins, are seeking variance approval to encroach into a required front yard setback for purposes of adding on to their existing home located at 815 2nd Street. Planning Division Review Site Address: 815 2nd Street Property Owner: Mike and Paula Higgins Attachments: • Variance application • Aerial of property • Letter of request from the property owner • Addition information Legal Description: Lot Four(4),Block One(1), Shepley's Addition Lot Area: 10,269 square feet Existing Land Use: Single-family residence Surrounding Land Uses: The property is surrounded by single-family residences. Existing Zoning: R-2(Low/Medium Density Residential) DISCUSSION Mr. and Mrs. Higgins are requesting a variance to reduce the front yard setback along Beech Street to approximately five(5')feet at their property located at 815 2nd Street. The property is a corner lot and therefore, subject to two front yard setbacks (off of 2nd Street and Beech Street)as outlined in Section 10- 4-1 (A)of the city code. The property is zoned R-2(Low/Medium Density Residential)and requires a front yard setback of twenty(20')feet. The applicant's are proposing to construct a 288 square foot(12' x 24')addition and three season porch onto the south side of their home. With the proposed addition the setback from the southern property line adjacent to Beech Street would be reduced to approximately five(5')feet. The boulevards within this area are substantially wider than the city typically requires in newer subdivisions. The boulevard for Beech Street is 80 feet in this area where in new subdivisions the boulevard widths are typically 60 feet(if no sidewalks or bike paths are present). Being the width of the boulevard in this area is wider than would typically be needed,the applicants property line is set in twenty(20')feet from the curb of Beech Street. In newer subdivisions, this distance would be ten(10')feet. The Planning Commission acting as the Board of Adjustment may not approve a variance request unless it is found that"practical difficulties" exist using the following criteria: 1. Because the particular surroundings, or the 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. Economic consideration alone does not constitute practical difficulties. The boulevards in this area are approximately twenty(20)feet in width, not typical of newer subdivisions with boulevards at ten(109 feet in width If the variance were not approved, any addition to this side of the home would have to be setback a minimum of forty(40)feet from the curb. Coupling this fact with the location of the detached garage adding an addition of any substantial size would be difficult 2. That the variance would be consistent with the comprehensive plan. The subject property is guided low medium density residential in the 2030 Comprehensive Plan. Constructing an addition and three season porch to the existing house on an existing residential lot is not inconsistent with the comprehensive plan. 3. That the variance would be in harmony with the general purposes and intent of this title. It is staffs opinion that the variance as requested is in harmony with the general purpose and intent of this title. 4. The conditions upon which a 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. The conditions are unique to this area only because other locations in the city have much smaller boulevard widths. 5. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the parcel of land. The difficulty was not created by the applicant The large right-of-way(80')was dedicated as part of the Shepley's Addition plat in 1914. 6. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. The granting of the requested variance will not alter the essential character of the locality or have a negative impact on other property in the vicinity. 7. The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. The proposed variance will not result in any of the above mentioned adverse effects. 8. The requested variance is the minimum action required to eliminate the practical difficulties. This is the minimum action necessary to eliminate the practical difficultl. 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. The subject property is zoned R-2 and is currently being utilized as a single-family residence. This will not change with the approval of the requested variance. ACTION REQUESTED Staff recommends approval of the requested variance to allow the construction of an addition onto the south side of their home within the required front yard setback subject to the following condition: 1. The submittal and approval of a building permit. ATTACHMENTS: Type Description o Backup Material Variance application © Backup Material Aerial of property © Backup Material Letter of request from the property owner c Backup Material Addition information • • % !T? City of3oTwFarmimgtom t� 4iasm�c Farmington,Minnesota 651280.6850.Fax 651.280.4899 • www4Ormingtoa • VARIANCE APPLICATION Applicant: I/CNA FI- All GG/NL Telephone:at; 404-7'/(mo5"Fax: U M' • Address: cg/.� ,��l/,U F/9/4!M evet73N /L2 S' o..v Street City U State Zip Code Owner: Mien ig FZ• /,/iniA S Telephone: ./off- 7/i, 'Fax: (i N/3 Address: M/S a„,„sr rogr'©N 9Y)A) o a V Street City `` State Zip Code Premises Involved: '81S`(9-"'"2-4s'4. I-0+4, moat_1p i �$ 4 #'o- Address/Legal Description(lot,block,plat name,sectiontdwnship,range) Current Zoning District R`a- Current Land Use �c e S /G/4 Air/4.4 Specific Nature of Request I Claimed Practical Difficulties: i9e,/'de red// o.0 i Cc® S`o'-r 112 S7'/'ee. ,,2 /9r►1. .Cipc,LdeN 72.00 airy /JeeJ .1)9 Ai 449ce re) ADD £,,Pr4ele e) . FA'REo 1.J1iT�t�+r•rN 3 user -s na f3oe c-r! SI/❑Proof of Ownership ❑Copies of Site Plan ❑Application Fee($200) ❑Abstract/Residential List(adjoining property owners only) 0 Boundary/Lot Survey ❑Torrens(Owner's Duplicate Certificate of Title Required) - rn ti Signature of Property a Date Signature of Applicant Date • Request Submitted to the Planning Commission on For office use only Public Hearing Set for: Advertised in Local Newspaper: • Planning Commission Action: Approved Denied Fee Paid $200--City of Farmington $r46-Dakota County Recorder • Comments: Conditions Set: Planning division: Date: 9106 DRAFTED 13Y: City of Farmington 430 Thfrd Street Farmington,MN 55024• Dakota County, MN i PSI li- r w Vii- ) `r"• iAtI 4,',7 777.', /4 ..-r._.• l ike•allik. r :: , -- : ,a , . ,J . _, r • li . I 7. l • II Mr 0 Ci ! II°411°."4."'. '' °'. .. ...t ::4, , .:-.:40,.:..."'^ A s _ . ... 1 • • ..,. ,.. l `d, k �' ......�. { ,Ai _ t rte! r . � i • ' ': 11. !,',...11, of August 10, 2016 1:600 1 o 25 50 100 ft I . ' . 1 1 '. . .1 I 0 5 10 20 m Aerial Photography .claimer: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.aneraisal.surveyor for zoning verification. July 17,2016 To: City of Farmington Planning Commission From: Michael and Paula Higgins We are submitting a request for a variance to add a three season porch to the south side of our home at 815 2' St in Farmington. We hope that you will consider our request favorably for the following reasons: 1. Our house is small(763 sq feet)and we purchased it because we assumed that we could add on. We based that assumption on the neighborhood where homes location to curb foundation distance varies significantly. Some examples are; 9012"d St curb to foundation 26.5 ft.Beech St side,908 2nd St.20 ft.curb to foundation Honeysuckle side,920 3`d St.curb to foundation 23 ft.Hickory St side. There are many more examples through out downtown Farmington as well. 2. We see our situation for an addition as a hardship since we have"two fronts"so to speak on both 2' St and Beech St. With the location of our garage and our neighbor's driveway,we are land locked to the north and east as well. 3. We designed our addition to simply extend the lines of the current structure. This will maintain the integrity of the neighborhood and still leave plenty of space on all sides. We thank you again for your consideration and will be available any time to answer any questions or concerns you might have. Mike Higgins 651-402-7165 Paula Higgins 651-428-2207 „...,-/ . /. —Li \-- - . • \ i-i- -..e....y M, .. .,..... 1 - . . . Ina c ci Iii c' V )c vi N cCJ 1 6 � 1 \ k 1s H _ IA4 _ii ; & Q ,!'ii _ . , pk, — k 4- 0 Ll q 4=5: — 3 I c., .) 1 ' ".7;•• 1 , ,.. t.). ''-''' ) ) I 8 Q , A .-11 1 1 •• I.) ):. i %.. --4 ') Q ci. cl 1 ,s- 4 3 .: I 'ro)i kil 4a q_.,..c cr, .„ ,,,, ) 1 ‘1 v : t), 'ide II ,t,) .1 _____ 1.,, ct• 0.... " ...:: ......... . -, -.....--........1 .-.-•-• .-,-,_.----.......-a.• . t. (:: II ?) T „I, ,., asir. 1 . 2 , ---- :14 S fl) L. ) -I ... o 0 v O ‘11 0 ..3 . . . .11 . ...i.. ...) -„, Q.. ,to F. ... •. ..._, r.....,__ ___..............„—=---_T I 1 6..... .••••••••••...17 1-. • ....,.• ..:,,!1,2 '14 n . ..-) et)" r:-.4 ,04--- orcin City of Farmington 430 Third Street Farmington, Minnesota 16 j 651.280.6800 -Fax 651.280.6899 °M.,, " www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler,Planning Manager SUBJECT: Variance request to allow the construction of a detached garage on a legal non- conforming lot DATE: August 16, 2016 INTRODUCTION The applicant and contract purchaser of the property, Keith Jueckels, is seeking variance approval to allow the construction of a detached garage on a legal nonconforming lot. The subject property is 504 Elm Street. Section 10-4.2 of the city code states, "Any legal nonconformity, including the lawful use or occupation of land or premises existing at the time of adoption of an additional control under this chapter,may be continued,including through repair,replacement,restoration,maintenance or improvement but may not be expanded except as permitted by the board of adjustment in accordance with the provisions of this title. Expansions of lawful nonconformities may be permitted by the board of adjustment provided a variance is approved." Planning Division Review Site Address: 504 Elm Street Property Owner: David Nicolai-23110 Biscayne Avenue,Farmington,MN 55024 Applicant/Contract Purchaser: Keith Jueckels - 10873 Akron Avenue, Inver Grove Heights, MN 55077 Attachments: • Variance application • Aerial of property Legal Description: The East 50 feet of the North 110 feet of Lot Five(5), Block One(1), Elmway Addition Lot Area: 5,500 square feet Lot Width: 50 feet Existing Land Use: Single-family residence Surrounding Land Uses: The property is surrounded by single-family residences. Existing Zoning: R-T (Downtown Transitional Mixed Use) DISCUSSION The applicant,Keith Jueckels, is seeking variance approval in order to construct a detached garage on the legal nonconforming lot addressed as 504 Elm Street. The subject property is zoned R-T(Downtown Transitional Mixed Use)and the minimum requirements for lot area and lot width in this zone are 6,000 square feet and 60 feet,respectively. The lot is considered legal nonconforming in that its width is 50 feet and lot area is 5,500 square feet. Proposed Detached Garage The applicant is proposing to construct a 672 square foot(24' x 28')detached garage in the rear of the property located at 504 Elm Street. The property is zoned R-T (Downtown Transitional Mixed Use)and must be setback a minimum of three(3')feet from both side lot lines and three(3')feet from the rear property line. In addition, the detached garage must be located a minimum of ten(10')feet from the principal structure. The applicant will have to ensure that the proposed garage meets and or exceeds these setback requirements. The maximum lot coverage within the R-T zone is 35%. With the proposed garage,the coverage will be approximately 30.4%. It should be noted that the existing shed would be removed with the construction of the detached garage. The Planning Commission acting as the Board of Adjustment may not approve a variance request unless it is found that"practical difficulties" exist using the following criteria: 1. Because the particular 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. Economic considerations alone does not constitute practical difficulties. Dakota County property records indicates that the existing home was constructed in 1948. The property itself is part of the ELMWAYADDITION plat that was recorded in 1942. The area and width of this lot is a preexisting condition that has likely twisted since 1948 when the home was originally constructed 2. That the variance would be consistent with the comprehensive plan. The subject property is guided Low Medium Density Residential in the 2030 comprehensive plan. The use of the property as a single-family use(with the addition of a detached garage)is consistent with the comprehensive plan. 3. That the variance would be in harmony with the general purposes and intent of this title. It is staffs opinion that the variance as requested is in harmony with the general purpose and intent of this title. 4. The conditions upon which a 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. Generally speaking, lots within the R-T zone meet the lot area and width requirements. As previously stated this is a preexisting condition that likely has been in place for may years 5. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the parcel of land. The difficulty was not created by the applicant or owner of the property, 6. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. The granting of the requested 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. The uses of the adjacent properties are residential in nature and a detached garage is not out of the ordinary in this general locality. 7. The proposed variance will not substantially increase the congestion of public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety The proposed variance will not result in any of the above mentioned adverse effects 8. The requested variance is the minimum action required to eliminate the practical difficulties. This is the minimum action necessary to eliminate the practical difficulty. 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 maybe authorized by variance. The subject property is zoned R-T and is currently being utilized as a single-family dwelling. This will not change with the approval of the requested variance, ACTION REQUESTED Staff recommends approval of the requested variance to allow the construction of a detached garage on a legal nonconforming lot subject to the following condition: 1. The submittal and approval of a building permit. ATTACHMENTS: Type Description in Backup Material Variance application a Backup Material Aerial of property • JUL i 4 2016 . City of Farmington t� 43071tin1Strad 41#14litrutington.Mitmesi iu 651.220.6800•F' 651.280.6899 wwwgiSuraingaruarus Veils111 VARIANCE APPLICATION Applicant: ,,1l/t', �' 'ed lC( r Telephone:�SJ)1i3—A ,,i_ -�Fa�x: (/�5: e-A3.-5 '�C. Address: i Vlc 13 i ra'1+�" ,9 rat-t_ 6 uL�1t` dv'V✓ 3„)D '11 Street City f StaleZip Code Owner: 2)i tp•s /, f L�/t l✓/( Telephone:(4.() c-(6$ 57 Fax: (frs 165'C/4=9 • Address: 2-31/© ) 2 yh - 4L/C Alejl/r/5'� d 4U 62v Street / City State Zip Code Premises Involved: / !(� 5//�'Z 5/ Address/Legal Description(lot,block,plat name,section,township,range) Current Zoning District Ft-T Current Land Use I22,S%46-4 ni'tJC- Specific Nature of Request/Claimed Practical Difficulties: (2,09041443h. 0en /OS 6 /f en COnteollfrti fef. !/ SUBMITTAL REOIBRR.MtFNTS C Proof of Ownership 0 Copies of Site Plan 0 Application Fee($200) 0 Abstract/Residential List(adjoining property own w -.1 LJ Boupdary-/ t$urvey„ P Torrens(Owner's Duplicate Certificate of .4+ �: ) M 0+ g_.. �,,F, 11101�-�' r /„ '' � I C/"(�, e o t+ • :`rener Date S j,; A.cant Date Request Submitted to the Planning Commission on For office use only Public Hearing Set for: Advertised in Local Newspaper. Planning Commission Action: Approved Denied Fee Paid $200—City of Farmington $46—Dakota County Recorder Comments: Conditions Set Planning division: Date: 9/06 DRAFrsD BY: City of Farmington 430Third Se ct FnnnmgtonJAN 55024 Dakota County, MN 1 -'' I � • f 1 ,'- Itruniev 1c+'far- :r— -**44,400611w--,- ...4. ..I".la `> .'J A r' * f fi; • t f - — - — yawl -,. ij,"PI-. . '77. r .. ;44 : . f .; i g 1 l M .... ;is 41, •• • . a V w F : L � � • i i AM .,.. 'i1111111 `friI 9{T. tIr' 1 August 11, 2016 1:600 111 0 25 50 100 ft I . , , 1 1 I 't 0 5 10 20 m Aerial Photography .claimer: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. *ai. iiMiyiACity of Farmington 430 Third Street II Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ►.,,r � www.cifarmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: An Ordinance amending Title 10, Chapter 4 of the Farmington City Code Opting-Out of the Requirements of Minnesota Statutes, Section 462.3593 DATE: August 16, 2016 INTRODUCTION The Commission held a discussion on the topic of Temporary Health Care Dwelling Units at its regular meeting on July 12, 2016 and directed staff to bring forward an ordinance opting-out of the state statute that regulates these types of units. DISCUSSION ,Review In the 2016 legislative session a bill was passed that requires cities to allow temporary accessory dwelling units. The resulting legislation sets forth a short term care alternative for a"mentally or physically impaired person"by allowing them to stay in a temporary accessory structure on a relative's or caregiver's property. The law exempts said applications from typical zoning authority and requires cities to approve them within 15 days. The law also allows them to be permitted with a doctor's note for the residents and provides for exceptions to typical building,zoning and fire regulations. From a planning perspective there are several concerns with the ordinance that come to mind, including: the law bypasses the city's ordinares regarding accessory uses and structures as well as recreational vehicles; the permit can automatically extend with no reason to not extend provided for;and there is no reference to compliance with shoreland, floodplain or wetland requirements. There are also several concerns with this law that would affect the city outside of land use issues that are just as impactful and would cost the city resources to allow these type of units including: A$100 permit fee for the initial permit with a$50 renewal fee that would likely not cover the city's costs;allowing people to reside in a structure that does not have to meet MN state building,plumbing, electrical code or building permit requirements;utility hook-up concerns as the MN State plumbing code requires buildings/structures to be hooked up to public utilities if available; and HIPPA data handling concerns. The law goes into effect on September 1, 2016. The law does provide the cities with the opportunity to opt- out of the law through the passage of an ordinance. Attached,please find a document prepared by the League of Minnesota Cities that highlights the new law and provides an in depth review of the potential outcomes that could be associated with allowing these types of structures. ACTION REQUESTED Recommend approval of the attached ordinance opting-out of the requirements of Minnesota Statutes, Section 462.3593 and forward that recommendation on to the City Council. ATTACHMENTS: Type Description © Ordinance Opt-out ordinance © Backup Material League of Minnesota Cities publication CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA ORDINANCE NO. AN ORDINANCE OPTING-OUT OF THE REQUIREMENTS OF MINNESOTA STATUTES,SECTION 462.3593 WHEREAS,on May 12,2016 Governor Dayton signed into law the creation and regulation of temporary family health care dwellings,codified as Minn. Stat.462.3593,which permit and regulate temporary health care dwellings; WHEREAS,subdivision 9 of Minn.Stat.462.3593 allows cities to"opt-out"of those regulations; THE CITY COUNICL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 10,ZONING,Chapter 4,GENERAL PROVISIONS,of the Farmington City Code is amended by adding the following Section: 10-4-7: OPT-OUT OF MINNESOTA STATUTES,SECTION 462.3593: Pursuant to authority granted by Minnesota Statutes,Section 462.3593,subdivision 9,the City of Farmington opts-out of the requirements of Minnesota Statutes, Section 462.3593. SECTION 2. Effective Date. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED this day of ,2016,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 ,2016. By: City Attorney Published in the Farmington Independent the_day of ,2016. 00 LEAGUE OF CONNECTING &INNOVATING MINNESOTA SINCE 1913 CITIES Temporary Family Health Care Dwellings of 2016 Allowing Temporary Structures—What it means for Cities Introduction: On May 12, 2016, Gov. Dayton signed, into law,a bill creating a new process for landowners to place mobile residential dwellings on their property to serve as a temporary family health care dwelling.1 Community desire to provide transitional housing for those with mental or physical impairments and the increased need for short term care for aging family members served as the catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short term care alternative for a"mentally or physically impaired person",by allowing them to stay in a "temporary dwelling"on a relative's or caregiver's property.2 Where can I read the new law? Until the state statutes are revised to include bills passed this session, cities can find this new bill at 2016 Laws, Chapter 111. Does the law require cities to follow and implement the new temporary family health care dwelling law? Yes,unless a city opts out of the new law or currently allows temporary family health care dwellings as a permitted use. Considerations for cities regarding the opt-out? These new temporary dwellings address an emerging community need to provide more convenient temporary care. When analyzing whether or not to opt out, cities may want to consider that: • The new law alters a city's level of zoning authority for these types of structures. • While the city's zoning ordinances for accessories or recreational vehicles do not apply, these structures still must comply with setback requirements. • A city's zoning and other ordinances, other than its accessory use or recreational vehicle ordinances, still apply to these structures.Because conflicts may arise between the statute and a city's local ordinances,cities should confer with their city attorneys to analyze their current ordinances in light of the new law. 12016 Laws,Chapter 111. 2 Some cities asked if other states have adopted this type of law. The only states that have a somewhat similar statute at the time of publication of this FAQ are North Carolina and Virginia.It is worth noting that some states have adopted Accessory Dwelling Unit(ADU)statutes to allow granny flats,however,these ADU statutes differ from Minnesota's Temporary Health Care Dwelling law. 145 UNIVERSITY AVE.WEST PHONE(651)281-1200 FAX:(651)281-1299 ST. PAUL, MN 55103-2044 TOLL FREE(800)925-1122 WEB:WWW.LMCORG Temporary Family HealthCare Dwellings June 27,2016 Page 2 • Although not necessarily a legal issue for the city, it seems worth mentioning that the permit process does not have the individual with the physical or mental impairment or that individual's power of attorney sign the permit application or a consent to release his or her data. • The application's data requirements may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. • The new law sets forth a permitting system for both cities and counties3. Cities should consider whether there is an interplay between these two statutes. Do cities need to do anything to have the new law apply in their city? No,the law goes into effect Sept. 1,2016 and automatically applies to all cities that do not opt out or don't already allow temporary family health care dwellings as a permitted use under their local ordinances. Do cities lose the option to opt out after the Sept. 1, 2016 effective date? No,the law does not set a deadline for opting out, so cities can opt out after Sept. 1,2016. However, if the city has not opted out by Sept. 1,2016,then the city must not only have determined a permit fee amount'before that date(if the city wants to have an amount different than the law's default amount),but also must be ready on that date to accept applications and process the permits in accordance with the short timeline required by the law. Cities should consult their city attorney to analyze how to handle applications submitted after Sept. 1,2016,but still pending at the time of a later opt out. What if a city already allows a temporary family health care dwelling as a permitted use? If the city already has designated temporary family health care dwellings as a permitted use,then the law does not apply and the city follows its own ordinance.The city should consult its city attorney for any uncertainty about whether structures currently permitted under existing ordinances qualify as temporary family health care dwellings. What process should the city follow if it chooses to opt out of this statute? Cities that wish to opt out of this law must pass an ordinance to do so.The statute does not provide clear guidance on how to treat this opt-out ordinance.However, since the new law adds section 462.3593 to the land use planning act(Minn. Stat. ch.462), arguably, it may represent the adoption or an amendment of a zoning ordinance,triggering the requirements of Minn. Stat. § 462.357, subd.2-4, including a public hearing with 10-day published notice.Therefore, cities may want to err on the side of caution and treat the opt-out ordinance as a zoning provision.5 3 See Minn.Stat.§394.307 4 Cities do have flexibility as to amounts of the permit fee. The law sets,as a default,a fee of$100 for the initial permit with a$50 renewal fee,but authorizes a city to provide otherwise by ordinance. 5 For smaller communities without zoning at all,those cities still need to adopt an opt-out ordinance. In those instances,it seems less likely that the opt-out ordinance would equate to zoning. Because of the ambiguity of the Temporary Family HealthCare Dwellings June 27,2016 Page 3 Does the League have a model ordinance for opting out of this program? Yes.Link to opt out ordinance here: Temporary Family Health Care Dwellings Ordinance Can cities partially opt out of the temporary family health care dwelling law? Not likely.The opt-out language of the statute allows a city, by ordinance,to opt out of the requirements of the law but makes no reference to opting out of parts of the law. If a city wanted a program different from the one specified in statute,the most conservative approach would be to opt out of the statute,then adopt an ordinance structured in the manner best suited to the city. Since the law does not explicitly provide for a partial opt out, cites wanting to just partially opt out from the statute should consult their city attorney. Can a city adopt pieces of this program or change the requirements listed in the statute? Similar to the answer about partially opting out,the law does not specifically authorize a city to alter the statutory requirements or adopt only just pieces of the statute. Several cities have asked if they could add additional criteria, like regulating placement on driveways, specific lot size limits, or anchoring requirements.As mentioned above, if a city wants a program different from the one specified in the statute,the most conservative approach would involve opting out of the statute in its entirety and then adopting an ordinance structured in the manner best suited to the city.Again,a city should consult its city attorney when considering adopting an altered version of the state law. What is required in an application for a temporary family health care dwelling permit? The mandatory application requests very specific information including,but not limited to:6 • Name, address, and telephone number of the property owner,the resident of the property (if different than the owner), and the primary care giver; • Name of the mentally or physically impaired person; • Proof of care from a provider network, including respite care,primary care or remote monitoring; • Written certification signed by a Minnesota licensed physician,physician assistant or advanced practice registered nurse that the individual with the mental or physical impairment needs assistance performing two or more"instrumental activities of daily life;"7 statute,cities should consult their city attorneys on how best to approach adoption of the opt-out ordinance for their communities. 6 New Minn.Stat. §462.3593,subd.3 sets forth all the application criteria. This is a term defined in law at Minn. Stat. §256B.0659,subd. 1(i)as"activities to include meal planning and preparation;basic assistance with paying bills;shopping for food,clothing,and other essential items;performing household tasks integral to the personal care assistance services;communication by telephone and other media;and traveling,including to medical appointments and to participate in the community." Temporary Family HealthCare Dwellings June 27,2016 Page 4 • An executed contract for septic sewer management or other proof of adequate septic sewer management; • An affidavit that the applicant provided notice to adjacent property owners and residents; • A general site map showing the location of the temporary dwelling and the other structures on the lot; and • Compliance with setbacks and maximum floor area requirements of primary structure. The law requires all of the following to sign the application:the primary caregiver,the owner of the property(on which the temporary dwelling will be located)and the resident of the property(if not the same as the property owner). However,neither the physically disabled or mentally impaired individual nor his or her power of attorney signs the application. Who can host a temporary family health care dwelling? Placement of a temporary family health care dwelling can only be on the property where a "caregiver"or"relative"resides. The statute defines caregiver as"an individual, 18 years of age or older,who: (1)provides care for a mentally or physically impaired person; and(2)is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring."The definition of"relative"includes"a spouse,parent, grandparent, child, grandchild, sibling,uncle,aunt,nephew or niece of the mentally or physically impaired person. Relative also includes half, step and in-law relationships." Is this program just for the elderly? No.The legislature did not include an age requirement for the mentally or physically impaired dweller.8 Who can live in a temporary family health care dwelling and for how long? The permit for a temporary health care dwelling must name the person eligible to reside in the unit. The law requires the person residing in the dwelling to qualify as"mentally or physically impaired,"defined as"a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified by a physician, a physician assistant, or an advanced practice registered nurse, licenses to practice in this state."The law specifically limits the time frame for these temporary dwellings permits to 6 months,with a one-time 6 month renewal option. Further,there can be only one dwelling per lot and only one dweller who resides within the temporary dwelling The law expressly exempts a temporary family health care dwelling from being considered"housing with services establishment",which,in turn,results in the 55 or older age restriction set forth for"housing with services establishment"not applying. Temporary Family HealthCare Dwellings June 27,2016 Page 5 What structures qualify as temporary family health care dwellings under the new law? The specific structural requirements set forth in the law preclude using pop up campers on the driveway or the"granny flat"with its own foundation as a temporary structure. Qualifying temporary structures must: • Primarily be pre-assembled; • Cannot exceed 300 gross square feet; • Cannot attach to a permanent foundation; • Must be universally designed and meet state accessibility standards; • Must provide access to water and electrical utilities(by connecting to principal dwelling or by other comparable means9); • Must have compatible standard residential construction exterior materials; • Must have minimum insulation of R-15; • Must be portable(as defined by statute); • Must comply with Minnesota Rules chapter 1360 (prefabricated buildings) or 1361 (industrialized/modular buildings), "and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2"10; and • Must contain a backflow check valve." Does the State Building Code apply to the construction of a temporary family health care dwelling? Mostly,no.These structures must meet accessibility standards (which are in the State Building Code).The primary types of dwellings proposed fall within the classification of recreational vehicles,to which the State Building Code does not apply.Two other options exist,however, for these types of dwellings. If these structures represent a pre-fabricated home,the federal building code requirements for manufactured homes apply(as stated in Minnesota Rules, Chapter 1360). If these structures are modular homes, on the other hand,they must be constructed consistent with the State Building Code(as stated in Minnesota Rules, Chapter 1361). What health, safety and welfare requirements does this new law include? Aside from the construction requirements of the unit,the temporary family health care dwelling must be located in an area on the property where"septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner." What local ordinances and zoning apply to a temporary health care dwelling? The new law states that ordinances related to accessory uses and recreational vehicle storage and parking do not apply to these temporary family health care dwellings. 9 The Legislature did not provide guidance on what represents"other comparable means". 10 ANSI Code 119.2 has been superseded by NFPA 1192. For more information,the American National Standards Institute website is located at httas://www.ansi.org/. 11 New Minn.Stat.§462.3593,subd.2 sets forth all the structure criteria. Temporary Family HealthCare Dwellings June 27,2016 Page 6 However, unless otherwise provided, setbacks and other local ordinances, charter provisions,and applicable state laws still apply. Because conflicts may arise between the statute and one or more of the city's other local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. What permit process should cities follow for these permits? The law creates a new type of expedited permit process.The permit approval process found in Minn. Stat. § 15.99 generally applies;however,the new law shortens the time frame within which the local governmental unit can make a decision on the permit.Due to the time sensitive nature of issuing a temporary dwelling permit,the city does not have to hold a public hearing on the application and has only 15 days (rather than 60 days)to either issue or deny a permit.For those councils that regularly meet only once a month,the law provides for a 30-day decision.The law specifically prohibits cities from extending the time for making a decision on the permit application.The new law allows the clock to restart if a city deems an application incomplete,but the city must provide the applicant written notice within five business days of receipt of the application identifying the missing information. Can cities collect fees for these permits? Cities have flexibility as to amounts of the permit fee.The law sets the fee at$100 for the initial permit with a$50 renewal fee,unless a city provides otherwise by ordinance Can cities inspect, enforce and ultimately revoke these permits? Yes,but only if the permit holder violates the requirements of the law.The statute allows for the city to require the permit holder to provide evidence of compliance and also authorizes the city to inspect the temporary dwelling at times convenient to the caregiver to determine compliance.The permit holder then has sixty(60) days from the date of revocation to remove the temporary family health care dwelling.The law does not address appeals of a revocation. How should cities handle data it acquires from these permits? The application data may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. To minimize collection of protected heath data or other nonpublic data,the city could,for example,request that the required certification of need simply state"that the person who will reside in the temporary family health care dwelling needs assistance with two or more instrumental activities of daily living", without including in that certification data or information about the specific reasons for the assistance,the types of assistance,the medical conditions or the treatment plans of the person with the mental illness or physical disability.Because of the complexities surrounding nonpublic data, cities should consult their city attorneys when drafting a permit application. Should the city consult its city attorney? Yes.As with any new law,to determine the potential impact on cities,the League recommends consulting with your city attorney. Temporary Family HealthCare Dwellings June 27,2016 Page 7 Where can cities get additional information or ask other questions. For more information, contact Staff Attorney Pamela Whitmore at pwhitmore@Imc.org or LMC General Counsel Tom Grundhoefer at tgrundho@lmc.org. If you prefer calling,you can reach Pamela at 651.281.1224 or Tom at 651.281.1266. o11kRMi , City of Farmington w z 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ''1..4 `a�° www.cifannington.nm.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: An Ordinance amending Section 10-6-10 of the Farmington City Code as it relates to landscaping requirements DATE: August 16,2016 INTRODUCTION Attached, for the Commission's consideration is an ordinance amending Section 10-6-10 of the City Code as it relates to landscaping requirements within the city. DISCUSSION Several years back, the City Council adopted an ordinance that changed the city's policy regarding boulevard trees. The ordinance was changed at that time to require lot frontage trees be placed in new development versus boulevard trees. For review and/or clarification, lot frontage trees are required to be installed in new developments within the front yards of lots rather than on the boulevard(area between the curb of the adjacent street and the property line). Lot frontage trees are to be planted eight(8')feet from the front property with a spacing of one tree for every forty(40')feet. The lot frontage trees must also be planted in a parallel line to the front property line. Boulevard trees are allowed in new developments only along city approved boulevard tree routes. The approved boulevard tree routes within the city are: • Flagstaff Avenue • 208th Street • Spruce Street • Akin Road • 190th Street • Diamond Path • Elm Street(from Denmark Avenue to TH 3) • 213th Street • 12th Street The attached ordinance provides additional refinement to the landscape ordinance at the direction of the City Council. The main components of the ordinance amendment being proposed are as follows: 1. The ordinance amendment provides a list of trees that are prohibited from being planted as boulevard trees; 2. The ordinance amendment removes the list of allowable lot frontage trees and boulevard tree species; 3. The ordinance amendment removes the language that property owners can replace(at their own risk)a dead boulevard tree with a new tree in the boulevard; 4. The ordinance amendment removes the list of acceptable shrubs and trees that can be placed under overhead utility lines and replaces it with standards for size of trees/shrubs and the required setback for those trees and shrubs based on the height of the trees and shrubs. ACTION REQUESTED Recommend approval of the attached ordinance and summary ordinance amending Section 10-6-10 of the City Code and forward that recommendation on to the City Council. ATTACHMENTS: Type Description o Ordinance Ordinance Amendment © Ordinance Summary Ordinance CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-6-10 OF THE FARMINGTON CITY CODE AS IT RELATES TO LOT FRONTAGE AND BOULEVARD TREE REQUIREMENTS THE CITY COUNICL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-6-10 of the Farmington City Code is hereby amended by adding the underlined language and removing the language that is struck through as follows: 10-6-10: LANDSCAPING: (A)Purpose:The purpose of this landscaping regulation is: 1.To provide vegetation to enhance the architecture of structures and soften and enhance the visual impact of buildings and paved areas. 2.To minimize environmental effects of a development on a particular site and surrounding area by providing shade,erosion control,air purification,groundwater recharge,oxygen regeneration and noise,glare,and heat abatement. 3.To protect and preserve the appearance,character,and value of property and thereby promote the general welfare of the city. 4.To buffer conflicting land uses and enhance the quality and appearance of the entire site.(Ord. 002-469,2-19-2002) (B)Landscape Plan Requirements:Plans for required landscaping in the B-1,B-2,B-3,B-4, SSC,IP and I-1 districts and for multi-family dwellings shall be submitted to the planner for approval before any permits are issued.The plan shall be based on accurate final site plans and consist of a planting plan and exterior lighting plan.A registered landscape architect,registered architect,certified arborist, horticulturist or landscape designer shall prepare the plan.(Ord.005-526,3-21-2005) (C)Landscape Plan Contents:A landscape plan shall include the following information: 1.North point and graphic scale,not less than one inch(1")to one hundred feet(100'). 2.The name of the project;developer;owner;and the person who prepared the plan,with their professional designation;and the date and revision dates of the plan. 3.Accurate final grades at two foot(2')contour interval. 4.The location and dimensions of all existing and proposed structures,parking lots and drives,curbs, sidewalks,refuse disposal areas,fences, storm drainage systems,freestanding electrical equipment,recreational facilities and other freestanding structural features as determined necessary by the city. 5.The location, size,and type of all overhead,at grade,and underground utilities and structures with proper notation,where appropriate,as to any safety hazards to avoid during landscape installation. 6.The location,type,sizes and quantity of all proposed landscape materials shall be delineated on the plan.Proposed plant material shall be shown at maturity and called out on plan by common name or appropriate key. 7.All plans shall be accompanied by a list or schedule of proposed landscape material,including common and botanical name,the quantity of proposed plants and trees,their height,caliper or gallon size and any requirements during installation. 8.Location of hose connections and other watering sources including the location of irrigation systems. 9.Any existing vegetation proposed to be saved shall be identified by name,quantity and size. Methods of protecting the vegetation must be illustrated and explained.Any existing trees,twelve inch(12")diameter or larger measured at four and one-half feet(4'/2')aboveground that are proposed for removal,must be included on the plan. 10.Water permeability test results are required to be shown on the landscape plan. See subsection (E)2 of this section for testing techniques. (D)General Landscaping: 1.Landscaping Required:All areas not covered by buildings,paved areas,or other acceptable improvements shall be finish graded and installed with turf grass or other acceptable plant material. 2.Developed Uses:In all residential,business and industrial districts,except in B-2,developed uses shall provide a landscaped yard along all public streets.This yard shall be free from structures, storage and off street parking,except for driveways,and shall be at least ten feet(10')in depth.(Ord. 002-469,2-19-2002) 3.Nonresidential:Where lots or parcels in any nonresidential zoning district are within one hundred feet(100')of a residential zoning district(R-1,R-2,R-3,and R-5)a landscaped yard ten feet(10')in width installed with a one hundred percent(100%)screen(plant material, fence,etc.)shall be installed within the landscaped yard.(Ord.002-469,2-19-2002;amd.Ord. 009-613, 10-19-2009) 4.High Density:High density residential developments which range from seven(7)and sixty(60) units per acre shall include at least twenty percent(20%)of the parcel as landscaped open space and ten percent(10%)of the parcel must be developed for private recreation and/or common open space. 5.New Construction:New business construction in the B-1 limited business district shall maintain a minimum of ten percent(10%)of the site area as landscaped open space devoted to pedestrian use. 6.Off Street Parking:Any off street parking lot containing more than six(6)parking spaces shall be landscaped along the perimeter of the parking lot as follows: (a)Number Of Plant Materials:One tree and three(3)shrubs for every forty feet(40')of parking lot perimeter installed as close to forty feet(40')as possible along the parking lot frontage, allowing for utilities and intersection visibility requirements,in order to shade and enhance the appearance of the parking lot. Shrub plantings should be planted in groups of three(3)or more and installed to visually buffer the parking lot and roadway. (b)Minimum Landscape Area:A continuous nonpaved area at least ten feet(10')in width,shall be located between the edge of the parking lot and the property line. (c)Plant Species:Large canopy trees should be installed to provide shade for parking spaces. Evergreen trees should be used to screen parking lots and interior roadways.Visual buffers shall be a maximum of three feet(3')in height at maturity.No plant material or berm may be located so as to obstruct the sight distance of motorists entering or leaving the site. 7.Parking Lots:Any parking lot containing more than twenty(20)parking spaces shall provide landscaping as follows: (a)Number Of Plant Materials:A minimum of one tree and three(3)shrubs for every twenty(20) parking spaces is required.Each interior island shall have at least one canopy tree that does not impede vehicular visibility. (b)Location Of Interior Islands:A minimum of one interior planting island for every twenty(20) parking spaces is required and shall be dispersed throughout the parking lot with the fmal layout design subject to review by the community development department. (c)Interior Planting Island:The planting island shall have a minimum width of eight feet(8'),a maximum length of sixteen feet(16'),and a minimum area of one hundred twenty eight(128) square feet.A minimum of seventy percent(70%)of every interior planting island shall be planted with live plant material,such as trees, shrubs,ground cover,or turf grass.The shrubs and ground cover shall be a maximum height of three feet(3')at maturity.The remaining area of the interior planting island shall be covered with an organic mulch. (d)Location Of Conduits: In cases where lighting conduits are installed within the interior planting islands,the conduits shall be located along the edge of the curb and not through the middle of the island in order to allow for the installation of plant material. (e)End Islands Of Parking Aisles:The end islands of all parking aisles and corners must be a minimum width of eight feet(8')and a maximum length of sixteen feet(16')for a single parking aisle or thirty two feet(32')for double parking aisles.The end islands shall be landscaped as required above. (f)Concrete Curbing: Concrete curbing is required for parking islands within the parking lot area. (g)Suggested Location Of Interior Islands For Safety:Parking lots shall be designed to promote safety for automobile drivers and pedestrians. In designing parking spaces,the driving aisles should be aligned towards the major destination as permitted by topography.This allows for pedestrian traffic to move through the aisles instead of crossing parking bays.One solution to quality parking is to locate a planting island between parked cars and install a sidewalk for easy access to the major destination as permitted by topography.Plantings may be located along the sidewalk to promote an aesthetic approach towards the building. 8. Screening Of High Activity Uses:All loading docks;commercial facilities with drive-through services;automotive repair and service; car washes;and other similar high activity uses associated with the building,adjacent to residential districts,shall be screened from adjacent property or street right of way by a six foot(6')opaque fence or masonry wall. 9.Screening Of Storage Yards:In industrial and commercial districts,no outside storage areas shall be allowed nor shall any articles,goods,materials or storage tanks be kept in the open or exposed to public view or view from adjacent buildings,without prior approval of the city.If outside storage is given city approval,all materials and/or containers and equipment,shall be screened one hundred percent(100%)from view.Required screening shall include: a)a six(6)to eight foot(8') high opaque wooden fence and landscaping;b)landscaping and berms;or c)a combination of both to fully screen the outdoor storage. 10. Screening Of Double Frontage Lots Adjacent To Collector And Minor Arterial Roadways:All subdivided land,included in all districts,which backs up to a collector or minor arterial street, either at right angles or parallel to the collector or arterial,shall provide for each double frontage lot an additional twenty feet(20')from the edge of the right of way line towards the property in order to allow space for buffering/screening along the back lot line.The developer shall be required to install the screening and this area may be screened by either a six foot(6')high wood fence with landscaping located between the fence and the property line,a berm with landscaping,a hedgerow,or an opaque landscaped screen.The plantings should be installed in order to provide one hundred percent(100%)screening of rear buildings from the collector or minor arterial street. (E)Planting Requirements: 1. Specifications:The minimum planting sizes for all plant material is the following: (a)Evergreen trees: Six feet(6')in height as specified by the American Association of Nurserymen,except for the true dwarf varieties. (b)Ground cover plants: Crowns,plugs,containers,in a number as appropriate by species to provide fifty percent(50%)surface coverage after one growing season.The species must provide seventy five(75%)to one hundred percent(100%)surface coverage after two(2) growing seasons. (c)Medium and large deciduous shade trees:Two inch(2")caliper,as measured six inches(6") above the ground as specified by the American Association of Nurserymen. (d)Shrubs(deciduous and evergreen,including spreader and globe tree forms):Twelve(12")to eighteen inches(18")in height. (e) Small deciduous or ornamental trees:Minimum caliper of one and one-half inches(11/2')as specified by the American Association of Nurserymen,except for the true dwarf varieties. (f)Sod:As required to provide coverage and soil stabilization. Sod is required in the street side yard or front yard and seeding may be planted within other areas of the yard. (g)Turf and native grass: Seeding as appropriate to provide complete coverage within the first growing season. 2. Soil Specifications: The landscape plan must contain results of a water permeability test.A water permeability test is required in order to determine the type of soil the plant material is planted in. This requires a sharp shooter spade dug eighteen inches(18")into the ground. Fill the hole with water and if after eighteen(18)hours the hole still retains the water,the soil is determined to be too poor for planting. 3.Poor Soil Remedies: If the soil is determined to be too poor for planting,the following two(2) possible remedies are recommended. The first remedy is to install a ten foot(10')wide raised planting bed in order to provide acceptable planting soil.The height of the bed is the amount of soil it takes to cover the root ball of the plant to a level of two inches(2")above the ball.The bed must be covered with four inches(4")of mulch to provide for moisture retention. A second remedy is to excavate the soil to the depth of the root ball, allowing the root ball to rest on the clay soil. Excavate an area five(5)times the size of the root ball and replace the soil with quality planting soil. This will allow the tree roots to spread into adequate soil and provide an established root system before spreading into the poorer soil. (Ord. 002-469,2-19-2002) (F)Lot Frontage Tree And Boulevard Tree Species To Be Planted: 1. a -- - -• -- - =- . - •-- -- - - • • - - . frontage and boulevard tree species for Farfilington,Minnesota.No species other than those permission of the naturalresourcesdivision. In no cases shall prohibited species be planted as boulevard trees. Prohibited species are defined as the following trees: Ginkgo(female only) Box elder Silver male Ash species Non-disease-resistant elm species Non-hybrid cottonwood species Ever.reens In no cases shall prohibited species be planted as lot frontage trees. Prohibited species are defined as the following trees: Box elder Silver male Ash species Non-disease-resistant elm s secies Non-h brid cottonwood s.ecies (a)Landscape Plan: Developers of new developments must submit a landscape plan to the planning division.The planning division will be responsible for approving appropriate lot frontage and boulevard tree plantings.The lot frontage trees are required in the front yards of lots in new developments.Boulevard trees in new developments shall only be installed on city approved boulevard tree routes.The only exception would be if an agreement is made with a homeowners'association or other such organization where the responsibility to maintain the trees is that of the named organization in perpetuity. • . .. • . - . .,e Tree And Boulevard Tree Species: Linden American Greenspire Redmond Maple Crimson king Deborah Schwedler Emerald lustre Emerald queen Green mountain Northwood red Norway Oak Northern red Pin Swamp white Other Imperial honey locust Regal elm Skyline honey locust Sunburst honey locust i Trees approved by city staff (a)Spacing For Lot Frontage And Boulevard Trees: (1)Lot frontage trees in new developments shall be installed on private property in the front yard at a minimum spacing of one tree for every forty feet(40')of lot frontage or one tree per lot if forty feet(40')is not feasible.The developer is responsible for installing the lot frontage trees per the landscape plan as required by the development contract. Special planting designs for lot frontage trees need to be approved by the planning division. (2)Boulevard trees in new developments shall be located on city approved boulevard tree routes and be installed at a minimum spacing of one tree for every forty feet(40')of boulevard frontage or one tree per boulevard frontage if forty feet(40')is not feasible. The developer is responsible for installing the boulevard trees per the landscape plan as required by the development contract. (b)Location For Lot Frontage And Boulevard Trees: (1)Lot frontage trees in new developments shall be planted by the developer per the development contract on private property eight feet(8') from the front property line and shall be installed in a parallel line to the front lot line. (2)Boulevard trees in new developments shall be planted by the developer per the development contract on city approved boulevard tree routes in the center of the city boulevard width between the property line and curb or the sidewalk and curb.The distance trees may be planted from curbs, sidewalks,trails,or pavement shall be no closer than four feet(4'). (c)Distance From Street Corners And Fire Hydrants:No lot frontage tree, boulevard tree, replacement tree,landscape material or fences shall be located within the triangle of visibility,which is the area within a triangle created by measuring from a point on the curb or edge of the street closest to the center of the intersection,down the front curb lines or edge or intersecting streets thirty feet(30'), and connecting their end points with a straight line.No lot frontage tree,boulevard tree,or replacement tree shall be planted closer than ten feet(10') from any fire hydrant. (d)Utilities:No lot frontage tree,boulevard tree,or replacement tree may be planted within ten (10)lateral feet of any underground water line or sewer line(sanitary or storm)and two feet (2')from any other underground utility. Gopher State One shall be called to request locations of utilities. (G)Tree Maintenance: 1. The natural resources program is designed to prescribe various levels of maintenance to city boulevard trees located within city boulevards. (a)Planting Requirements:The natural resources division will review all planting of trees and shrubs within"city boulevards",defined as the area between property lines on either side of all streets,avenues,or ways within the city. (b)Replacement Of Trees: (1)The city shall be responsible for removing existing boulevard trees that have died,are dying, or sustained severe damage. The city shall replace trees on designated boulevard tree routes. (2)The owncr of any lot of record existing ec the a iginal adoption date of this chapter may,at his or her own risk, replace a dead boulevard tree with a new tree to be planted on the boulevard, provided the location--ef the new tree is not within ten(10)lateral feet of any underground water line or sewer line(saw°or storm)and two feet(2')from any other underground utility. (- (2)The owner of any lot that is not part of a lot of record existing on the original adoption date of this chapter may, at his or her own risk, replace a dead boulevard tree in the front yard of the home outside of side yard drainage and utility easements at eight feet(8')from the property line in front yard drainage and utility easements. (c)Trimming Requirements: The city will be responsible for all trimming of boulevard trees. As these trees are on city property, and are essentially and legally city property,they must be maintained by the city to ensure that they are properly trimmed for structural integrity and disease control measures. (d)Responsibility For Maintenance Of Trees: (1)The city will inspect and trim boulevard trees. (2)The homeowner shall be responsible for trimming lot frontage trees or any other trees on private property. (e)Height Standards: Trimming height standards must maintain a ten foot(10')clearance above any walkway and fourteen feet(14')above the roadway.These requirements provide clearance for walkers,snow removal equipment and solid waste vehicles. (f)Brush From Pruning: The city will not collect any brush resulting from pruning or removal of trees or brush from private property. (g)Emergency Collection Of Brush: An emergency brush situation would occur when the public safety officer declares one to exist.Then and only then will the city collect brush generated by residents on private property, as a onetime emergency service. (Ord. 008-582,5-5-2008) (H)Tree Topping: I. It shall be unlawful as a normal practice for any person to top any street tree,park tree or other tree on public property except as allowed in section 8-6-10 of this code. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches(3")in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.Trees severely damaged by storms or other causes,or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subsection at the determination of the natural resources division. (Ord. 006-563, 9-18-2006) (1)Pruning,Corner Clearance: 1. Prune branches so that such branches shall not obstruct the view of any street intersection and so that there shall be a clear space of ten feet(10')above the surface of the street or sidewalk. Said owners shall remove all dead,diseased or dangerous trees,or broken or decayed limbs that constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign. (Ord. 002-469,2-19- 2002) (J)Dead Or Diseased Tree Removal On Private Property: 1.The city shall have the right to cause the removal of any dead or diseased trees on private property within the city in accordance with title 7, chapter 6 of this code when such trees constitute a hazard to life and property,or harbor insects or disease which constitute a potential threat to other trees in the city. The natural resources division will notify, in writing,the owners of such trees. Removal shall be done by said owners at their own expense within sixty(60)days after the date of service of notice. In the event of failure of owners to comply with such provisions,the city shall have the authority to remove such trees and charge the cost of removal on the owners'property tax notices. (Ord.006-563,9-18-2006) (K)Removal Of Stumps: 1. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. (L)Tree Protection In Construction Zones: 1. Specifications: Existing trees and vegetation that are to be saved shall be protected from all construction activities,including earthwork operations,movement and storage of equipment,and materials and dumping of toxic materials. A minimum protection zone shall be established by the installation of temporary fencing around existing vegetation to be preserved,placing the fencing no closer to the trees than their drip lines,and this information shown and noted on the plans. Protective fencing shall be maintained throughout the construction period.Alternative protection measures may be approved by the zoning officer. Construction details which indicate special techniques that will be employed to save trees are required for all existing trees for which credit is desired. Existing trees will be counted as fulfilling the landscaping requirements of this section. Trees counted shall be all existing deciduous trees with a trunk size of four inches(4")or larger, measured at four and one-half feet(41/2')above the ground and all existing evergreen trees measuring five(5)vertical feet or more in height. 2.Replacement: If any of the trees required to be retained or trees planted as part of the landscaping plan should die within a period of eighteen(18)months after completion of the activities associated with construction of the site,the owner of the property must replace the trees within six (6)months at a ratio of one to one(1:1)with an approved tree having a minimum diameter of two inches(2")measured at a point six inches(6")above the natural grade. Shrubbery or other plantings which die within eighteen(18)months of completion of the activities shall be replaced in kind within six(6)months.(Ord.002-469,2-19-2002) (M)Overhead Utility Line Planting Requirements: 1. Location:Overhead utility lines must be located on the landscape plan. In order to allow for maintenance of the lines, if an overhead utility line is located in the rear yard along the property line,the buffer plantings required in the buffer yard shall be installed following guidelines set below. If the overhead utility line is located in the rear yard,but five feet(5')to ten feet(10')from the property line,the screening and buffer yard plantings shall be installed along the property line with city staff approval. 2. Species:The following guidelines must is a list of plant materials that might be considered when planting for use near overhead utility lines.This list is not all inclusive. Considerations should be given to soil conditions,drainage,exposure,growth patterns,and local experience when selecting plant materials. Shrubs(Maximum Of 15 Feet In Height) Plant under overhead lines Small Trees(Over 15 Feet,But Under 30 Feet In Height) Plant at least 15 feet from overhead utility line Medium Trees(30-70 Feet In Height) Plant at least 35 feet from overhead utility line Large Trees(Over 70 Feet In Height) Plant at least 45 feet from overhead utility line Shrubs(Maximum Of 15 Feet In Height) Plant under overhead lines Althea(rose of Sharon) Barberry Box-weed— Burning bush(Euonymus alatus) PeweFiFib Forsythia Honeysuckle Lilac Ornamental grasses Potentilla Spireas Spreading junipers Small Trees(Over 15 Feet,But Under 30 Feet In Height) Plant at least 15 feet from overhead utility line Amur maple Crab apples Dogwoods Cl.,.,,o«;.,....Me««:ems b Flowering plums Hawthorns Japanese tree lilac Redbud Serviceberry Weeping mulberry Medium Trees(30 70 Feet In Height) Plant at least 35 feet from overhead utility line Bald cypress Black gum Goldenrain tree Lindens i Maples(red,Norway) Oaks(sawtooth, English) Pears(aristocrat, chanticlear) River birch Spruce— Large Trees (Over 70 Feet In Height)- Plant at least 45 feet from overhead utility line Basswood Ginkgo Hackberry Honey locust Kentucky coffeetree London plane tree Oaks(burr, red, pin) Red pine Tulip poplar White pine (Ord.008-589, 10-20-2008) (N)Landscape Guarantee: 1.Guarantee:All new plantings shall be guaranteed for two(2)full years from the time planting has been completed. Plants not alive at the end of the guarantee period shall be replaced. 2. Surety: Prior to approval of the landscape plan,the applicant shall submit surety acceptable to the city administrator in the amount of the established costs of complying with the plan. The aforesaid surety shall be provided for guaranteeing completion and compliance with the plan. 3. Completion Or Bond: A certificate of occupancy shall not be issued until either the landscaping is completed or a bond has been filed. (Ord. 002-469,2-19-2002) SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this day of 2016,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 ,2016 By: City Attorney Summary published in the Farmington Independent the day of 2016. CITY OF FARMINGTON DAKOTA COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10-6-10 OF THE FARMINGTON CITY OCDE AS IT RELATES TO LOT FRONTAGE AND BOULEVARD TREE REQURIEMENTS NOTICE IS HEREBY GIVEN that,on September 6,2016,Ordinance No. was adopted by the City Council of the City of Farmington,Minnesota. NOTICE IS FURTHER GIVEN that,because of the lengthy nature of Ordinance No._ ,the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that Section 10-6-10 of the City's Zoning Ordinance is being amended to list the trees that are prohibited from being planted as boulevard trees, removing the list of allowable lot frontage and boulevard tree species,removes the language that property owners can replace (at their own risk) a dead boulevard tree with a new tree in the boulevard and removing the list of acceptable shrubs and trees that can be placed under overhead utility lines and replacing it with standards for size of trees/shrubs and the required setback for those trees and shrubs based on height of the trees/shrubs. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours. The ordinance is also available on the City's internet homepage. APPROVED FOR PUBLICATION BY THE City Council of the City of Farmington this day of ,2016. CITY OF FARMINGTON By: Todd Larson,Mayor ATTEST: By: David McKnight,City Administrator Approved as to form this day of ,2016. By: City Attorney Published in the Farmington Independent the day of ,2016.