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HomeMy WebLinkAbout10-17-17 City of Farmington 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 PLANNING COMMISSION October 17, 2017 7:00 PM City Hall Council Chambers 1. CALL TO ORDER 2. APPROVAL OF MINUTES (a) Approve Planning Commission Minutes 3. PUBLIC HEARINGS (a) Preliminary and Final Plat- Nicolai Addition (b) Conditional Use Permit to allow for Auto Repair Major use-321 Elm Street- EZ AUTO Repair, LLC (c) Interim Use Permit for a Special Home Occupation-400 Main Street- Laura Hanks 4. ADJOURN io�FpR�ri at City ofoFaThirrmington Street Farmington, Minnesota .01 651.280.6800 -Fax 651.280.6899 r.,,MOO. www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Approve Planning Commission Minutes DATE: October 17, 2017 INTRODUCTION Attached, are the minutes from the September 12, 2017 regular meeting. DISCUSSION NA ACTION REQUESTED Approve the minutes from the September 12, 2017 regular meeting. ATTACHMENTS: Type Description ❑ Backup Material September 12, 2017 Regular Planning Commission Minutes Planning Commission Minutes Regular Meeting September 12,2017 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty, Bjorge, Franceschelli,Kuyper,Rich Members Absent: None Also Present: Tony Wippler,Planning Manager 2. Approval of Minutes a. MOTON by Franceschelli, second by Bjorge to approve the minutes of August 8,2017. APIF, MOTION CARRIED. 3. Public Hearings—Chair Rotty opened the public hearings a. Aldi,Inc. Site Plan and Conditional Use Permit The location is Vermilion River Crossings at the southeast intersection of Knutsen Drive and Dushane Parkway. The grocery store size would be 22,245 sq. ft. The property is zoned Spruce Street Commercial and a grocery store is listed as a conditional use. The commission reviewed the building elevations, off-street parking and transportation, landscaping, solid waste, engineering,lighting plan and site signage. There will be 96 off-street parking spaces located in the front of the building. Access will be from the north off of Knutsen Drive and a shared access with the CDA property to the south. An access easement will need to be executed with the CDA for this access. The loading dock will be on the south side of the building. A storm water pond is located to the south so additional screening is not required. Two monument signs are proposed. One in the northwest corner of the site and the second near the entrance to the south. The proposed plan meets all the criteria of the conditional use permit. Staff recommended approval of the site plan and conditional use permit subject to the following contingencies: 1. An access easement must be executed with the CDA and filed with the city for use of the southerly access. 2. A sign permit shall be submitted and approved for any exterior signage to be placed on site. 3. The satisfaction of all Engineering comments. Mr.Ryan Anderson, ISG,the engineer for Aldi,Inc, stated they have reviewed the plan with city staff and plan on a successful development. Mr.Jack Webke,a resident of Vermillion River Crossing, stated he was shocked to see the entrance on the south side of the property, which appears to be access for the trucks to get to the loading dock. They will be sharing the driveway with the residents. The entrance is tight now. We have senior people using that access. We also have pedestrian traffic with residents walking on the sidewalk. He doesn't think the safety concerns have been adequately addressed. The residents welcome development,however,not at their expense with regard to safety. He spoke previously at a City Council meeting about a stop light on highway 50 and Dushane Parkway. He understood that is a county access. He felt that needs to move forward quickly if Aldi is coming which will increase traffic. A few other residents from the audience also expressed concern about trucks using the CDA entrance. They welcomed Aldi coming, but could not imagine proposing the ' southerly access. Mr.Anderson stated regarding the truck traffic,trucks will enter off of Knutsen from the north,traveling through the site and back into the loading dock. Trucks will not be entering off of Dushane. There are two trucks a day. Customers will be able to use the southerly access for entering and exiting. Chair Rotty asked about the process for the southerly access easement. Staff explained it would be through the owner of the CDA. The CDA was made aware of the joint access when their site plan was approved. Mr.Webke stated it would not be a surprise to the CDA,because they were made aware of it and the residents were not aware of it until tonight. One of the county commissioners is on the CDA board and the residents will be addressing him tomorrow as to why they have not told the residents and what they can do. We do not want to sacrifice our aesthetics or the safety of our property. Commissioner Franceschelli thanked the residents for their comments. He did not notice any fencing for the back. Staff stated it is not required. They have a guardrail along the loading dock because it is recessed. Commissioner FrancesheIli asked if the vegetation around the building will be able to handle the parking lot runoff before it gets to the pond to provide filtering. Staff did not see that as an issue. Commissioner Kuyper thanked the residents. He is happy Aldi's is coming. The entire area is zoned commercial and that can cause conflict when people live there. As far as the access, only two trucks per day is not much traffic. As Vermillion River Crossing keeps developing there will be increased traffic. Once a road cannot handle the capacity, that is when they look at making it safer. When people use sidewalks for walking and riding bikes,the onus is also on them to do so safely. The drivers are supposed to yield to them,but pedestrians have to be aware. There will be increased traffic as the entire area develops. He would like to see stoplights on highway 50 at Flagstaff and Vermillion River Crossing. It has to meet warrants. The size of the store is similar to the store in Apple Valley. It meets the zoning requirements and we want development. Commissioner Bjorge appreciated the neighbors' comments. She asked about the timing. Mr. Anderson stated hopefully the store will open in November 2018. Commissioner Rich asked if there were any unique design elements. Mr. Anderson stated the site is a simple design and fits their plan nicely. The building façade has unique items as far as the tower. It will be the standard size and shape. Commissioner Rich thanked the residents for their comments. In looking at the south drive,he cannot imagine it is a surprise to anyone. If you look at the curbing and how wide it is,it has always been designed to serve both properties. You would never build that wide of a lane to just serve Vermillion River Crossing. This is intended to be a commercial retail • area. He asked if the CDA came along after the original plan for the area. Staff stated the original Spruce Street master plan was completed in 2004. The CDA came around 2010 and we amended the Spruce Street Commercial district to allow multi-family. Commissioner Rich understood the concern about the loading dock. There isn't another way to locate the building on the property and you have to work with the land. Screening is the business owner's responsibility. He understood the screening to the south towards the pond is being waived because it is city property. Staff noted the commission can require additional screening. Commissioner Rich stated the plan does not violate the area and it is not unanticipated that we will have traffic. He would like the developer to consider the residents' concerns with the loading dock and perhaps do some additional noise mitigation. Commissioner Franceschelli asked if the developer has looked at relocating the loading dock to come in off Knutsen Drive. Mr. Anderson stated this is the only layout that works for the building. We cannot hit the parking counts and get the orientation we geed with a different design. As far as the noise from the loading dock, there shouldn't be much noise. As far as visual,we are happy to provide further screening. Commissioner Franceschelli noted the developer can lose a few parking spaces and still meet the requirements. Mr.Anderson will bring the suggestion back to the developer. Chair Rotty was excited for Aldi. He enjoyed the questions from the residents and they are very well thought out. We spoke earlier about the CDA being aware of the entrance and it was probably not communicated frequently, but it is there. The joint access will need to be approved by the CDA. He suggested letting that process play out. The current plan is what he will recommend passing onto the City Council. He agreed screening should be done on your own property and not rely on someone else's. He would like the commission to reconsider adding additional screening as a condition. Staff noted the site plan and conditional use permit do not require City Council approval. All approvals are through the Planning Commission only. MOTION by Franceschelli, second by Kuyper to close the public hearing. APIF, MOTION CARRIED. Chair Rotty suggested adding the condition for additional screening along the southern boundary. MOTION by Rich,second by Bjorge to approve the site plan and conditional use permit including four contingencies. APIF,MOTION CARRIED. Staff stated the next step is for the applicant to apply for a building permit provided it is constructed according to this plan. b. Ordinance Amending Section 10-6-12 of the City Code as it Relates to Allowable Fencing Material The ordinance amendment removes metal sheeting from the prohibited materials list and adds decorative metal as an accepted fencing material. This change is made due to a code violation. Mr.Dustin Hemaur, stated he did his due diligence when putting up a fence in their yard. They could not locate exact rules for fencing so they contacted staff asking about the process. At the time staff stated a permit process was not in place and provided information on heights and setbacks. After the fact they were informed some of the fencing material they used was not allowed. After researching the issue, Farmington is the only city within the area that does not allow corrugated metal. Had he known this material was not allowed, it would not have been used. He suggested having a fence permit process so plans can be reviewed. Commissioner Kuyper agreed with making this revision. Commissioner Bjorge also agreed and asked about the wording"accepted in the fencing industry." Staff noted a list is also provided of unacceptable materials. Commissioner Rich asked for clarification that there is no permitting process for having a fence. Staff stated a permit is not required unless it is above a certain height,then a building permit is required. Commissioner Rich was not in favor of amending the ordinance to add this material. He would allow an exception because of the situation. Commissioner Franceschelli had an issue with metal fencing because where he grew up this material was used and it looked like a junk yard. When he was on the HPC,they looked at fencing and they could not come up with a good definition of decorative fencing. He would like to see staff come up with a definition of what decorative metal fencing could be or is in the other communities. He was leaning towards not amending the ordinance. The fence is nice looking, so perhaps an administrative exception is in order. He would like to table this until we have a more definitive definition of what is decorative metal fencing. We originally started out with no sheet metal; corrugated metal is sheet metal just a different type. He asked what type of protection is on the fence to ward against rust. Mr. Hemaur stated the metal is 60 plus years old already. The framework is cedar treated lumber. Commissioner Franceschelli asked that this be tabled for staff to do some research. Chair Rotty told Mr. Hemaur to not take the fence down and we will do some research. MOTION by Franceschelli,second by Kuyper to table the ordinance for further research. APIF,MOTION CARRIED. 4. Discussion a. 2040 Comprehensive Plan Update Mr. Jeff Miller,Hoisington Koegler, was in attendance to provide an update on the camp plan process. He spoke about the Plan Vision,Land Use and Housing chapters. This is stage three of the process and the draft for these chapters should be finished in October. b. ULI Development Panel Discussion The Planning Commission is invited to a City Council work session with the Urban Land Institute. It will be held November 13,2017. 5. Adjourn MOTION by Franceschelli second by Kuyper to adjourn at 9:00 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Administrative Assistant (4-649N City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 ,,,,,,, www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Preliminary and Final Plat-Nicolai Addition DATE: October 17, 2017 INTRODUCTION David Nicolai is proposing to plat 6 residential lots within 2.50 acres of land that is generally located at the northwest intersection of 225th Street W and Cambrian Way. Planning Division Review Applicant/Property Owner: David Nicolai 23110 Biscayne Avenue Farmington, MN 55024 Attachments: • Preliminary Plat • Final Plat • Construction Drawings • Site Aerial Location of Property: Generally located at the northwest intersection of 225th Street W and Cambrian Way. Area Bounded By: The property is generally surrounded by single-family residences. Adjacent properties to the east and south are located within Castle Rock Township. Existing Conditions /Topography: The site is relatively flat. An existing home is located on site near the northeast corner of the property. Existing Zoning& Comprehensive Plan Designation: The property is zoned R-1 (Low Medium Density Residential)and is guided for Low Density in the 2030 Comprehensive Plan. Surrounding Zoning:R-1 (Low Density Residential)to the north and west. Properties to the south and east are within Castle Rock Township and are zoned Rural Residential according to Castle Rock Township's zoning map. DISCUSSION Preliminary& Final Plat The applicant proposes to plat 6 single-family lots on 2.50 acres. The net density for the development is proposed at 2.4 dwelling units per acre. Lot Width and Area Requirements The zoning code requires lots in the R-1 district to have at least 75 feet of street frontage as measured from the front yard setback line. Additionally, the R-1 code requires that lots have a minimum area of 10,000 square feet. All lots proposed within the proposed plat meet and or exceed these requirements. The proposed lot areas are as follows: Lot 1, Block 1: 19,138.8 square feet Lot 2, Block 1: 10,000 square feet Lot 3, Block 1: 14,775 square feet Lot 4, Block 1: 13,946.5 square feet Lot 5, Block 1: 10,000 square feet Lot 6, Block 1: 10,044 square feet Transportation The access for the development will come from a cul-de-sac that extends approximately 208 feet to the west from Cambrian Way to the terminal turnaround. The right-of-way to be platted is proposed to be 60 feet in width and radius for the cul-de-sac. The roadway width at the entry of the cul-de-sac is 31 feet back of curb to back of curb and the radius of the cul-de-sac turnaround is 45 feet to back of curb. The cul-de-sac is identified as Nicolai Court in the plat documents. It will have to be renamed Upper 224th street to be in compliance with the Dakota County Uniform Street Naming System. Utilities Both sanitary sewer and water are located within Cambrian Way and will be extended westerly into the development through the north portion of Lot 1, Block 1 and then south along the joint property line of Lots 1 and 2, Block 1. Storm sewer for the site will be accommodated by an infiltration basin that is to be located in the southwest comer of the development. The basin is proposed to be situated on Lots 4 and 5, Block 1 and will be contained within drainage and utility easements. Parks, Trails and Sidewalks No sidewalks are proposed with this development. There is an existing bituminous trail on the north side of 225th Street W. that currently terminates at the southwest corner of the proposed development site. It is proposed with this development that the trail be extended east to Cambrian Way. The Park and Recreation Commission reviewed the subdivision submittal at their October 4, 2017 meeting and recommended to take cash in lieu of park land dedication. The Park and Recreation Commission is in support of extending the existing bituminous trail east to Cambrian Way. ACTION REQUESTED Recommend approval of the Preliminary and Final Plat for the Nicolai Addition, subject to the following contingencies: 1. The satisfaction of all engineering comments related to the construction plans for grading and utilities. 2. A development Contract between the applicant and the City of Farmington shall be executed and security, fees, and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. ATTACHMENTS: Type Description ❑ Backup Material Preliminary Plat ❑ Backup Material Final Plat ❑ Backup Material Title Sheet D Backup Material Sanitary and Watermain ❑ Backup Material Storm Sewer D Backup Material Street Plan ❑ Backup Material Grading Plan ❑ Backup Material Detail Sheet ❑ Backup Material Existing Conditions ❑ Backup Material Erosion and Sediment Control ❑ Backup Material Stabilization Plan D Backup Material Seeding Plan I. 177 NI. 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N, ‘, ii.--5-=.-, / i li io ,& ,•,\. - . ,000 k . \i ' ' ..` -- ---N,-\ k /001001.00\ a 1 N4 \�\�\ c".i 00000 0000\\11 4\ 11010t11 L ! •\\ ; 4_ I II ,, \\\'\\ %WOW 1 'o% -IP �/ N N — \• 1•\• :;3 0 \ \ \• ‘..\ _I \ , \ 4' , `,.. . — — _ io __---- } I I� c9 • z } e III HI 1 1 1 _ 1 WW� a � I � III ..) 1 ', 000 �JW City of Farmington 430 Third Street Farmington, Minnesota `rs 651.280.6800 -Fax 651.280.6899 .A MOO. www.c i.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Conditional Use Permit to allow for Auto Repair Major use-321 Elm Street-EZ AUTO Repair, LLC DATE: October 17, 2017 INTRODUCTION Eric Zeimet of EZ Auto Repair, LLC is proposing to construct a 3,616 square foot building at the northwest intersection of Elm Street and 4th Street(321 Elm Street). The applicant is seeking site plan and Conditional Use Permit approval in order to conduct an Auto Repair, Major Business in the B-2 zoning district. DISCUSSION The proposed building is to be located at the northwest intersection of Elm Street and 4th Street. The address of the subject property is 321 Elm Street. The use will contain 4 bays (3 accessed off of Elm Street and 1 accessed from 4th Street)and a reception area in the southeast corner of the proposed building. The subject property is legally described as follows: The south 95 feet of the east 1/2 of Lot 11, and the south 95 feet of Lot 12, Block 26, TOWN OF FARMINGTON, Dakota County, Minnesota, according to the recorded plat thereof. The property is zoned B-2 (Downtown Business)which conditionally allows for Auto Repair, Major uses. The property has historically been utilized for Auto Repair, Major, however a fire this past summer destroyed the building that was on site. The applicant is looking to rebuild on site with a slightly larger building than what was previously located on the site. The City's 2030 Comprehensive Plan guides this property for commercial development. Site Plan Review According to the City Code, site plan review and approval by the Planning Commission is required for all commercial development. The Commission reviews general site design, including setbacks, access,parking, landscaping, and other impacts to the surrounding properties. As previously mentioned, the applicant proposes to construct an approximately 3,616 square foot building to house his auto repair, major business. Setbacks&Lot Coverage The subject property is zoned B-2 (Downtown Business)and the minimum bulk and density standard$ are: Lot area: None Lot width: None Front yard setback: 0 feet Side yard setback: 0 feet Rear yard setback: 0 feet Maximum height: 45 feet Maximum lot coverage of all structures: 100 percent The setbacks for the proposed building are as follows: Front yard: 9 feet from eastern property line(off of 4th Street); approximately 38 feet from the southern property line(off of Elm Street). Side yard: 5 feet from the western property line. Rear yard: 5 feet from the northern property line. The building coverage is proposed at 42.29% The setbacks and lot coverage for the proposed building meet the above mentioned standards. Transportation & Off-street parking Access to the site will come from two existing access; one from Elm Street and the second from 4th Street. There will be no modifications made to the Elm Street access as this will continue to be the main customer access for the site. The 4th Street access will be modified with this proposal. This access will be reduced significantly. The existing width of the 4th Street access is approximately 60 feet. As shown on the site plan this access is proposed to be reduced to approximately 24 feet. The 4th Street access will be utilized to gain entry into the 4th bay. By reducing the width of this access there is the ability to accommodate additional parking on the street. The subject property is zoned B-2(Downtown Business)and is exempt from meeting the off-street parking requirements of Section 10-6-4 of the zoning ordinance. The applicant is proposing 3 off-street parking stalls including 1 handi-cap space. As previously mentioned, with reducing the width of the 4th Street access there is the ability to park additional vehicles on the street. Solid Waste The applicant has indicated that solid waste will be kept inside of the building and will be rolled out on the 4th Street access for collection. Building Elevations As shown on Sheet A2, the proposed building will be constructed using architectural precast concrete walls. The upper portions of the walls will contain exposed stone texture while the remaining wall sections will have a stamped block pattern. Brick veneer will be utilized on the bottom of the walls near the customer entry door. The property is located within the Downtown Commercial Overlay District. It is staffs opinion that the elevations meet the building material and design guidelines outlined in City Code as preassembled clay brick panels, artificial stucco, decorative precast units resembling stone, and other modern materials may be used that similarly match the appearance of historic materials. Conditional Use Permit As previously mentioned, the subject property is within the B-2(Downtown Business)zoning district and a auto repair, major use is listed as a conditional use. 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 gengral regulations of this title. The proposed use(auto repair, major)is a conditional use in the B-2 zoning district and meets all the requirements of that title 2. The proposed use shall not involve any element or cause any conditions that may be dangerous,. injurious or noxious to any other property or person and shall comply with the performance standards listed below. The use does not involve any elements or cause any conditions that may be dangerous, injurious or noxious to any other property or persons. The use does comply with all applicable performance standards. The application is re-establishing the use that this property has historically been used for-auto repair, major. 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. The site will be constructed, designed, sited, oriented and landscaped in a way that will not be detrimental to adjacent properties. 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. Staff believes the use will produce a visual impression and environment that is consistent with the environment of the neighborhood Again, this application re-establishes the historical use of this property. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. The access in and out of the site is acceptable to City staff. 6. The proposed use shall preserve the objectives of this title and shall be consistent with the comprehensive plan. The proposed use does preserve the objectives of this title and is consistent with the City's Comprehensive Plan. City staff recommends approval of the conditional use permit. ACTION REQUESTED Approve the site plan and conditional use permit subject to the following contingencies: 1. A sign permit shall be submitted and approved for any exterior signage to be placed on site. 2. A building permit shall be submitted to and approved by the City's Building Official. ATTACHMENTS: Type Description ❑ Backup Material Property survey ❑ Backup Material Site Plan ❑ Backup Material Building floor plan and elevations c N Y 8g17 3 ViE3gE < z5ao8sgo = Z --s-+-.ZZ S ! 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Ilm-' ''i:i ''' In i: Fo N bI^E €o - i o !=,')1 7. - r _ §F °102 f. gyp, . , \ a^ A 1 I - O dm 12"K Z " mua i u•x+z' LI.J I w L _I , fff 2— o 444 xz-o • a / 2 r J=a. ll in!� 11,i1111 114 p 1 :hX39: N a p $ -'� s ZEIMET AUTO - Farmington, Minnesota IXEriil' ii" r,,,, • z io�FARif*► City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 7. .,,,,,,,Ma www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Interim Use Permit for a Special Home Occupation-400 Main Street-Laura Hanks DATE: October 17, 2017 INTRODUCTION The applicant, Laura Hanks,has submitted an application for an Interim Use Permit to allow for a Special Home Occupation. The applicant would like to open a day spa within her home located at 400 Main Street. Planning Division Review Applicant/Property Owner: Laura Hanks 400 Main Street Farmington, MN 55024 Attachments: • Interim Use Permit application • Letter from applicant outlining business proposal • Floor plans • Location map • Home Occupation Code Location of Property: Located in the original Town of Farmington at the southeast corner of Main Street and 4th Street. Property Address: 400 Main Street, Farmington, MN 55024 Surrounding Land Uses: The property is surrounded by single-family residences. Existing Zoning: R-T (Downtown Transitional Mixed Use) Off-street Parking: Yes -at least 4 vehicles can fit in the existing driveway. The existing driveway is not currently a hard surface. If the Interim Use Permit is granted as applied for by the applicant, a condition of approval should be that all off-street parking areas on site must be surfaced with bituminous or concrete. DISCUSSION Ms. Hanks is requesting Planning Commission approval of an Interim Use Permit to allow a Special Home Occupation within her home located at 400 Main Street. Ms. Hanks was granted a Conditional Use Permit in 2015 for a home based business that included nail services such as manicures, pedicures, gel polish manicures and artificial nail service. Ms. Hanks is proposing an expansion to her home based business into a day spa that would include the following services: hair, nails, massage, facials,waxing, etc. Ms. Hanks is also requesting the Planning Commission allow for the employment of an additional 4 individuals who would not reside at the premises. As the Commission is aware, the City Code was recently amended as it relates to home occupations. The type of business Ms. Hanks is proposing falls under the Special Home Occupation category and needs to be approved through an Interim Use Permit process. The interim use permit if approved would be valid for 1 year, after which the permit may be extended for periods up to 3 years by the Planning Commission. Section 10-6-2 of the City Code does allow for 1 additional non-resident to be employed by the home occupation, and under certain circumstances the Planning Commission can allow up to,but no more than, 4 non-resident employees if the Commission deems the use will not compromise the residential integrity of the surrounding neighborhood and provided all parking for these additional employees can be accommodated on the property. Based on the submitted information, it appears the proposed home based business will utilize the majority of the first and second floors of the residence. According to the City Code a home based business cannot exceed more than 45 percent of the gross floor area of the dwelling unit. If the Interim Use Permit is approved a condition of approval should be that the applicant provide City staff with information regarding the location and size of the resident living quarters to verify that the business is not exceeding the 45 percent maximum gross floor area utilized. ACTION REQUESTED Approve the Interim Use Permit subject to the following conditions: 1. Determination by the Planning Commission regarding allowing the 4 requested non-resident employees. 2. All off-street parking areas must be surfaced with bituminous or concrete. 3. The Interim Use Permit is valid for 1 year and must be reissued by the Planning Commission if the business continues beyond the initial year. The permit can be reissued for periods up to 3 years. 4. Information regarding the location and size of the resident living quarters must be provided to staff to ensure the 45 percent maximum gross floor area for the business is not exceeded. 5. Subject to any building permits that may be deemed necessary by the City's Building OfficiaL 6. A sign permit must be applied for and approved for any exterior signage. Signage cannot exceed 2 square feet in size and may not be illuminated. 7. A Therapeutic Massage License must be submitted to and approved by the City CounciL ATTACHMENTS: Type Description ❑ Backup Material Interim Use Permit Application ❑ Backup Material Letter from Applicant ❑ Backup Material Proposed Floor Plans D Backup Material Location Map D Backup Material Home Occupation Code • 7Wit City of Farmington 4 ' 430 Third street �a.�� Farmington,Minnesota .w.,_/' fi5128R6800•Fax 651.280.6899 irwvaifanai gonaans INTERIM USE PERMIT APPLICATION Applicant: �5y`2-1-16-52.901 rQ �1 � Telephone:( ) ax: (_r Address: b. y 1 n s_r f. gilt 5 -� Street City State Zip Code Owner: Q` (�C �3�5 Telephon�( )51—24C5-52-19 rar ( j Address: 1--4 ab ay 3 / 10 .a Street City State Zip Code Premises Involved: Address/Legal Description(lot,block,plat name,section,township,range) Current Zoning District Current Land Use _ h • Specific Nature of Request:Th )(L3,. r r 1 i r /(IJ1 *A __rag U i is '.AAP 0 ` ' , 110' * 0 _ _ 1 . SUBMITTAL REOUIREMENTS ❑Proof of Ownership ❑6 Copies of Site Plan ❑Application Fee 0 Abstract/Residential List(required 350'from subject property) ❑Boundary�� /Lot Survey y �❑1TTon[enns(Owner's Duplicate Certificate of Title Required)) rx Signature ofOwnerP""'�'V `1-Daten SignatuOro )iApplicant ► l �—H1 Request Submitted to Planning staff on For office use only Public Hearing Set for: Advertised in Local Newspaper: Planning Commission Action: Approved Denied Fee Paid City Council Action(if necessary): Approved Denied $200—City of Farmington $46—Dakota County Recorder Comments: Termination: Planning division: Date: 9/06 DRAFTED BY: City of Farmington 430 Third Street Fanmirigtoo.MN 55024 II September 26, 2017 Dear City of Farmington, My name is Laura Hanks and I currently have a conditional use permit for my one room nail salon in my home at 400 Main Street in downtown Farmington. I am writing today to ask for approval of a Special Home Occupation Permit in order to assist in the expansion of my business within the same house at 400 Main Street. My hopes are to get my expansion going at this location and then move to a commercial space in the future. I am asking for up to 4 additional outside employees to be allowed per day in the day spa. I have attached a basic floor plan of my business proposal which includes the main level and second floor of home. Although I show more than 5 working stations/rooms, I may have some part time people and only the 4 outside contractors plus myself will be working per day. All of my contractors would be able to park in the driveway or alongside the garage and only client parking would be off street. I would like to name my expanded business Main Street Day Spa and include the following services: hair, nails, massage, facials, waxing, etc. Nothing structurally would need to be done to the home to make this expansion happen and pretty much everything 1 need to do would add some kind of value to the home itself! With your approval I would like to start massage immediately, given I find massage therapist that are, or are willing to get licensed in the City of Farmington. At the same time I would then go the MN Board of Cosmetology for their approval on the state regulated services. I really appreciate you taking the time to consider what this business and unique setting could bring to Farmington. Thank you for your time and consideration! Laura Hanks Main Street Nails LLC 400 Main Street Farmington, MN 55024 651-246-5299 1st Floor of Main Street Day Spa 200" 1 I EvorZA J , 6%71%0E— Hrktrz cowt, F , c ,':. '''•'''' ....r• iketvuteolv 7..--',':-.. .-..,-,-.,....,,,,, ,' . 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A• , I.. ,?,'!•.,,,,''' I I 20 0" Dakota County, MN ,, iiii.,:l ' '..1.1.-•-r .. r ,. .. 7— – --; • ' . ff J .r �_,,..qq�� },. i iyc• - r, .- Ers • J :V. • ' - i , r. , r : t"' : , Ile - '-`,.-1.f '. 9 0 :1116:":. '-. --. '.- c * s f :::, ! r IP U' i 1 f ,® 1 _., .�+1•+_ar � :.- n+e s» res ...� .� '--'—' - • . ......, ...,•,.' . . , • 1 , iiii- i , _ , ill ii. mask.- . —- -....'-'-----..--- --1 — f1/ j R1 %r zft _�IiiMonI 1,,, a 1. 4 p.,_. 3 ' 44$0141 01101q‘ z R ^` 1 € - A • I {t��As1. l 1 r A x`3, . if • 'os��me Jr -, ......,.• .. �. _. _. - - ... October 13, 2017 1:2,400 0 112.5 225 450 ft i i , ' I 1 i . '1 I 1 0 30 60 120 m Property Information Dakota County Disclaimer Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal document and should not be substituted fora title search,appraisal,survey,or for zoning verification. Sterling Codifiers, Inc. Page 1 of 5 Disclaimer: This is provided for informational purposes only. The formatting of this ordinance may vary from the official hard copy. In the case of any discrepancy between this ordinance and the official hard copy, the official hard copy will prevail. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 017-731 AN ORDINANCE AMENDING TITLE 10, CHAPTER 6, SECTION 2 AS IT RELATES TO HOME OCCUPATIONS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Title 10, Chapter 6, Section 2 of the Farmington City Code is amended as follows (deleted text is struck and added text is underlined): 10-6-2: HOME OCCUPATIONS: - .. - •• - - - - -- a-. _ _ . -- - _ , • ._ - _• -••_• _ - - - - - - - -- - - - -- - - - - - - - - - •- -• -. The purpose of this Section is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods, without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or non-conforming home occupations. - (A) - - - -. .. . ._ • ' • . •. - -- - - _ - -- heme:Permitted Home Occupation: 1. Any permitted home occupation as defined in this ordinance,and subject to the performance standards of this section,may be conducted solely within a residential principal or accessory structure without a permit or special approval of the city. http://www.sterlingcodifiers.com/codebook/printnow.php 10/13/2017 Sterling Codifiers, Inc. Page 2 of 5 2. Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway orguest parking area for multiple family dwellings,where no vehicle is parked closer than ten(10')feet from the curb line or edge of paved surface. 3. Permitted home occupations include and are limited to: art studio,tailoring, secretarial services, consulting services,professional offices and teaching with musical, dancing and other instructions which consist of no more than one pupil at a time, and similar uses. (B) - . . •. .•. .. . - stniettir-e&Special Home Occupation: 1. Permit Required. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this section shall require a"special home occupation permit"which shall be applied for,reviewed and disposed of in accordance with the procedural provisions of an interim use permit pursuant to section 10-3-7 of this ordinance. 2. Examples of special home occupations include: barber and beauty services, massage therapy, chiropractic office,photography studio, group lessons,small appliances repair,the marketing of non-over the counter brand name products, and the like. 3. The special home occupation may involve any of the following: stock-in-trade incidental to the performance of the service,repair service or manufacturing which requires equipment other than customarily found in a home, the teaching with musical,dancing and other instruction of more than one pupil at a time. 4. Declaration of Conditions. The Planning Commission may impose such conditions on the granting of an interim use permit as may be necessary to carry out the purpose and provisions of this section. 5. Transferability. Permits shall not nm with the land and shall not be transferable. 6. Inspections. The city of Farmington hereby reserves the right upon issuing any interim use permit for a home occupation to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this section or any conditions additionally imposed. (C) ' . . . . . - . . .• : •. ._ • .. . , . - =- -- - - • - essupation.General Provisions and Performance Standards: 1. No home occupation shall produce light glare, noise,odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property. 2. No equipment shall be used in the home occupation,which will create electrical interference to surrounding properties. 3. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof,and shall result in no incompatibility or disturbance to the surrounding residential uses. http://www.sterlingcodifiers.com/codebook/printnow.php 10/13/2017 Sterling Codifiers,Inc. Page 3 of 5 4. No home occupation shall require internal or external alterations or involve construction features not customarily found in residential dwellings except where required to comply with the local and state fire and police recommendations. 5. There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on site. 6. All vehicle parking required for conduct of the home occupation shall be off-street. Parking/storage of all commercial or non-passenger vehicles used in the home occupation shall be in accordance with Section 10-6-4(N)of the city code. 7. The home occupation shall meet all applicable fire and building codes. 8. No home occupation activity of a non-residential character shall be discernable from the private street with the exception of a two sided,two(2)square foot,non illuminated sign may be displayed. Said sign shall be set back a minimum of ten(10')from all property lines. 9. Shipments and delivery of products,merchandise or supplies shall be limited to the hours of 8:00 a.m. and 6:00 p.m. and shall regularly occur only in single rear axle straight trucks or smaller vehicles used to serve residential areas. 10. All home occupations shall comply with the provisions of the city Nuisance Ordinance. 11. No home occupation shall be conducted between the hours of 6:00 p.m. and 7:00 a.m. unless said occupation is contained entirely within the principal building and/or accessory structure space and will not include any on-street parking facilities. 12. No retail sales and delivery of products or merchandise to the public shall occur on the premises except when incidental to the services provided. 13. Home occupations shall not utilize more than forty-five(45)percent of the gross floor area of any dwelling unit, inclusive of any detached accessory structure used for the home occupation. 14. Product sales associated with private social events(i.e.,"Tupperware"parties) shall be exempt from this section provided they occur no more than four(4)times per year at any given residence. 15. Home occupations must be owned and operated by the owner/lessee of the residential property. (D) ! •. -••- - - •-• •. -•• - --• . - •- .- - -.Requirements for Permitted Home Occupations: 1. Only persons who reside full time in the residence shall be employed by the home occupation. 2. Customers and/or clients from the general retail public shall not come to the premises in question for purposes pertaining to the conduct of the home occupation. 3. All permitted home occupations shall be conducted entirely within the principal or accessory structures. http://www.sterlingcodifiers.com/codebook/printnow.php 10/13/2017 Sterling Codifiers, Inc. Page 4 of 5 (E) _ - • .' . . _ . : :, - : - - .. , . - : • • . • . . • . -- . •- •.. • • . --- .Requirements for Special Home Occupations: 1. One(1) employee,who does not reside on the premises may be employed. Additional non- resident employees above the one may be considered and approved on a case by case basis by the Planning Commission if it is found by the Planning Commission that circumstances exist that won't compromise the residential integrity of the surrounding neighborhood. In no case may there be more than four(4)additional non-resident employees and all parking for these employees must be accommodated on the subject property. 2. A special home occupation permit may be issued for a period of one year, after which the permit may be reissued for periods of up to three(3)years each. Each application for permit renewal shall,however,be processed in accordance with the provisions regarding interim use permits,except that no public hearing is required on the permit renewal, unless deemed necessary by the Planning Commission. However,notice of the permit renewal application must be provided to all property owners of land within three hundred fifty (350')feet of the boundary of the property in question. The notice must provide the date of consideration before the Planning Commission and indicate that parties may be heard to consider the application. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within the Zoning Ordinance. (F) - . ' :: _ : - • . . . •. -- . .. •. .. .. : ._ • •. - - - .- e et ' Z., • !e Prohibited Home Occupations: 1. Service, repair or painting of any motorized vehicle, including but not limited to motor vehicles,trailers, boats, personal watercraft,recreational vehicles and snowmobiles. 2. Dispatch centers where persons come to a site and are dispatched to other locations. 3. Medical or dental clinic. 4. Rental businesses. 5. Contracting, excavating,welding or machine shops. 6. Commercial kennels and veterinary clinics. 7. Tow truck services. 8. Sale or use of hazardous materials in excess of consumer quantities which are packaged for consumption by individual households for personal care or household use. 9. Any other use of residential property deemed to be detrimental or inconsistent with the residential character of the neighborhood. http://www.sterlingcodifiers.com/codebook/printnow.php 10/13/2017 Sterling Codifiers,Inc. Page 5 of 5 SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this 21st day of August, 2017,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 August 2017. By: City Attorney Summary published in the Farmington Independent the day of ,2017. http://www.sterlingcodifiers.com/codcbook/printnow.php 10/13/2017