Loading...
HomeMy WebLinkAbout04-10-18 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 April 10, 2018 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 to operate a Commercial Child Daycare/ Preschool in the B-2 Zoning District (b) Conditional Use Permit to operate a Commercial Kennel in the B-1 Zoning District- N2 Investments Inc. (c) Conditional Use Permit to operate a Commercial Kennel in the B-1 Zoning District- Minnesota Animal Rescue 4. DISCUSSION (a) Site Plan Review- Express Auto-22015 Canton Court 5. ADJOURN ftFARif4„ City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 .4 PROOFwww.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Approve Planning Commission Minutes DATE: April 10, 2018 INTRODUCTION Attached, are the minutes from the March 13, 2018 regular meeting. DISCUSSION NA ACTION REQUESTED Approve the minutes from the March 13, 2018 regular meeting. ATTACHMENTS: Type Description ❑ Backup Material March 13, 2018 Regular Planning Commission Minutes Planning Commission Minutes Regular Meeting March 13,2018 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty, Bjorge, Franceschelli,Kuyper, Tesky Members Absent: None Also Present: Tony Wippler,Planning Manager 2. Approval of Minutes a. Approve Planning Commission Minutes MOTON by Kuyper, second by Franceschelli to approve the minutes of February 13, 2018. 3. Public Hearings—Chair Rotty opened the public hearings a. Variance Request from the Minimum Front Yard Setback in the R-2 Zoning District The applicant is Mr. Benjamin VanBlarcom, 121 Ash Street. He is requesting a front yard setback reduction of just under 5 feet in order to construct an attached garage. The property is a corner lot and subject to two front yard setbacks off of Ash Street and Second Street. The property requires a minimi no front yard setback of 20 feet. The applicant is proposing to construct an attached garage on the east side of the home. The current garage which can be accessed from Ash Street and Second Street would be removed. The proposed garage would be accessed only from Second Street,with the Ash Street access being removed. The front yard setback on Second Street would be reduced to 15 feet, 5 inches. All other conditions are met. Mr. VanBlarcom, 121 Ash Street, stated the size of the garage is due to adding a mud room on the inside. His biggest concern for keeping the driveway on Second Street is because backing out onto Ash Street can be difficult due to the amount of traffic. He would be removing that driveway up to the sidewalk and placing sod. Commission members agreed with the proposed plan with the following conditions: 1. The existing driveway that accesses Ash Street must be removed. 2. The submittal and approval of a building permit. MOTION by Bjorge, second by Tesky to close the public hearing. APIF,MOTION CARRIED. MOTION by Franceschelli, second by Kuyper to approve the variance to allow the construction of an attached garage on the east side of the home located at 121 Ash Street. APIF,MOTION CARRIED. Planning Commission Minutes March 13,2018 Page 2 b. Review Ordinance Amendments Regarding Kennels This item was discussed at the February meeting. The first ordinance relates to dogs and dog kennels. The proposed amendments include specifying a conditional use permit along with a license is required in order to operate a commercial kennel as well as a residential hobby kennel. The second ordinance amends the dog kennel provision and has more substantial changes. The dog daycare, located in the Farmington Mall,will run from 6 a.m. to 7 p.m. After that,the dogs will be contained in individual kennels overnight,unattended. They will have free access to the yard during the business hours. Other than that, the dogs will be contained inside. A resident had a concern about noise, smell, etc. The ordinance has done a good job of identifying and coming up with corrective actions. We have different zoning districts that impact other districts. We depend on the business owners to be good neighbors and maintain a good business environment. Staff has built this into the ordinance. There will be a complaint based review and a licensing review at the end of each year. Commission members were comfortable with the ordinance and recommending approval to the City Council. MOTION by Franceschelli, second by Bjorge to close the public hearing. APIF,MOTION CARRIED. MOTION by Franceschelli, second by Bjorge to recommend approval of both ordinances to the City Council. APIF,MOTION CARRIED. This will be on the March 19, 2018, City Council agenda. 4. Adjourn MOTION by Kuyper, second by Tesky to adjourn at 7:30 p.m. APIF,MOTION CARRIED. Respectfully submitted, ;„,„,,er4., � Cynthia Muller Administrative Assistant 1 4RI4 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 .,,1110019F www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Conditional Use Permit to operate a Commercial Child Daycare/Preschool in the B-2 Zoning District DATE: April 10, 2018 INTRODUCTION Grand Projects, Inc. has requested approval of a Conditional Use Permit [CUP] to operate a commercial child daycare center and preschool in the B-2(Downtown Business)zoning district. The subject property is 305-309 Elm Street. Planning Division Review Applicant: Grand Projects, Inc. P.O. Box 29 Northfield, MN 55057 Property Owner: Farmcap, LLC 90 7th Street South Minneapolis, MN 55402 Attachments: 1. CUP application 2. Site plan 3. Property survey Location of Property: 305 -309 Elm Street Legal Description: Lots 8 & 9, Block 26 TOWN OF FARMINGTON Surrounding Land Uses: Residential to the North, Commercial to the East, West and South. Existing Zoning: B-2(Downtown Business) Comprehensive Plan Guidance: Commercial Current& Proposed Land Use: The existing building is currently utilized as retail space. The proposed use of the eastern most portion of the existing building is for a commercial child daycare center and preschool. DISCUSSION Grand Projects, Inc. is seeking approval for the operation of a commercial child daycare center and preschool within the B-2 zoning district. The address of the property where the daycare is proposed to be located is 305 -309 Elm Street. The daycare(Bizzy Bugz Childcare Daycare&Preschool)would occupy approximately 5,100 square feet of the building space. According to the application, the daycare would be designed for 75-90 children. The applicant is proposing to fence in an area to the east of the existing building(see attached site plan)on the vacant lot that is adjacent for an outdoor play area. The proposed play area consists of a 2,800 square foot(40' x 70')area that will be surfaced with a mixture of pea gravel and mulch. The play area will be enclosed with a six(6') foot high vinyl fence. The proposed daycare location is within the B-2 zoning district and is therefore exempt from the city's off- street parking requirements. The applicant is proposing to construct a new paved parking area to the east of the existing building and just north of the proposed play area. The parking area would consist of 19 stalls and would be accessed from the alley adjacent to the north. Bollards are shown on the site plan along the southern most portion of the parking lot as well as along the fence line that is adjacent to the southern property line adjacent to Elm Street. The bollards will be installed to provide additional safety measures for the proposed play area. The parking lot as shown on the site plan is completely located on a separate lot than the principal use(i.e. building). The B-2 code allows parking lots as an accessory use. With that being said, the lots containing the building and parking lot are in common ownership and Section 10-6-4(A)of the city code does allow parking spaces to be located on a lot other than that containing the principal use provided approval is given by the Planning Commission. Being the lots that the building(principal use)and the parking lot are located on are adjacent to each other and are in common ownership staff would request that the Planning Commission consider approval of this arrangement as part of the overall CUP consideration and potential approval. As shown on the attached survey,the existing building currently covers the majority of two separate lots (Lots 7 and 8, Block 26 of TOWN OF FARMINGTON). Due to the proposed change of use (commercial child daycare)the Minnesota State Building Code requires that a fire protection system be installed in the entire building. Currently only a portion of the building(largely the western portion of the building)is sprinkled. This is due to the lot line that divides the building. Combining the lots would make the installation of a fire protection system into the remaining portions of the building more cost effective. If the Planning Commission approves the requested CUP a condition of approval should be that Lots 7 and 8 of Block 26 TOWN OF FARMINGTON be combined into one parcel identification number. The city code provides criteria that must be met in order for the Planning Commission to approve a Conditional Use Permit. Those criteria are as follows: 1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this title. A Commercial Child Daycare Center is a conditional use in the B-2 zoning district 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards listed below. The proposed use will not involve any element or cause any conditions that may be dangerous, injurious or noxious to any other property or persons and does comply with the performance standards that are listed below. 3. The proposed use shall be constructed, designed, sited, oriented and landscaped to produce harmonious relationship of buildings and grounds to adjacent buildings and properties. The proposed use, including the addition of a parking lot and play area, are shown to be constructed, designed, oriented and landscaped in a manner that stafffeels produces a harmonious relationship with the proposed use and 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. Staff feels that the proposed use does produce a total visual impression and environment that is consistent with the environment of the neighborhood The use is proposed to be located in the B-2 downtown business zoning district and the proposed use (commercial business) is consistent with neighboring properties. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. A parking lot will be created to the east of the existing retail building. Access to this parking lot will come from the alleyway that is adjacent to the north of the subject property Vehicular access to this site and its parking lot is acceptable to staff. An access to Elm Street(a Dakota County roadway) would likely not be granted by the Countl. Therefore, the only means of vehicular access to this site is by the alley. 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 comprehensive plan. ACTION REQUESTED Approve the Conditional Use Permit(along with the parking arrangement for allowing parking on an adjacent lot)allowing the operation of a commercial child daycare center and preschool within the B-2 zoning district and on the property located at 305-309 Elm Street, subject to the following conditions: 1. A sign permit application shall be required for any signage to be placed on site. 2. The applicant shall obtain all necessary building permits that may be required for the establishment of the proposed use. 3. A lot combination must be submitted to and granted by Dakota County for Lots 7& 8, Block 26, TOWN OF FARMINGTON. ATTACHMENTS: Type Description D Backup Material CUP application ❑ Backup Material Site plan ❑ Backup Material Property survey • City of Farmington. • .43076iai Simat F2.174010%Minnesota 651.2806800•Fax V280.6899 CONDITIONAL USE PERIVIIT APPLICATION Applicant: Grand Projects Inc. Telephone:(5° 744-4582 p 07) 744-4583 Address: PO Box 29 Northfield MN 55057 Street City State Zip Code Owner: Farmcap LLC Telephoneg12) 38.6-3894 Fax: X61 338-2860 • Address: 90 7th St 'SMinneapolis MN 55402 Street City State Zip Code Premises Involved:305-309 Elm St (Town of >iaxinington Lots 8-9 Block 26 Address/Legal Description(lot,block,plat name,section,township,range) B-1 Bducational, Retail, Vacant Current Zoning District Current Land Use `Constrtict a'daycare/preschool for'75-90 students in 5,10osf. Add'2;800ef fenced play area; Specific Nature of Request and a paved student drop-off area. Add a main entrance.and classroom exit doors in east Wall. $UBMTTTAL REOUIREMENTS ❑Proof of Ownership Cl 6 Copies of Site Plan ❑Application Fee ❑Abstract/Residential List(required 350'from bject property) ❑ :1.G / ' y ❑Torrens(Owner's Duplicate • rate of R ired) Si• <t o I ne. Date sgna r�� Applicant r' / Date 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 $250-City of Farmington Comments: Conditions Set: Planning division: Date: 1/1/2018 D]t IMI)BY; CiityOfFarmIngton 430 Nal Strad Famtivaton,MN 55024- tOS LSOSS'NW'01313111110N az I 31 NW'NOI NIWNtld , 1 6Z1O6'01 1331LLS W13 60ESO£ .-...1•JNI`S,Ladroad UNtlN9 Ndld 31IS 387JO1IH0 Z'J09 AZZ08 N011tlJIlddV lddtl df1D SPIPORi ...,...„, 1 J a J z_,�z W O I Zw. -XX-Oo I TA W Ce LU Z N Q • NJ ' I I I ' I oLUz I —' 1_ a I < 0 I LU I > u_ o I U I I 0 J J O I Ik - I 11 „ I` ` U ,= H I 3Nn 1La3dOad =c:2- 3Nn/.Lmdoad ° 1 : °- N (j LLJ 7. 1(,\ Air A , • ow k it ,'� g N W M w _ ( • m Q O ° I CD O d e I r ir •I v. in Q a I d : 0 Om i VA cc t-, � ,� — 1 ' `.tea • � ' •:C:�'..:. � •, ,�3� � . . Za4,1 i Vii® 03 Ellie w f ��• Q SOC ', a Zn cc 0 W a cc ¢ Lu I Qt _ �� kt, a, s LU L' `5IT.II, S I I- - J 8Q 0= i I ` W 6-...i' -Z M Eo Q DNICl1If19 TOE DNIISIXJ faQ 1.777:74 'v'rW IA8 NMV2i0G-OZf yy,' / � _ y v.H4s I9L5-266 �XV3 I91.9-266 :3HOHd 't79639/LV X008 0787a 69695 VZOS3NHI/I •oasso U/,� s SVMHDIH HOSEI33d3f 001.8 ,, ' LLZ'L£ .o,� i 'iw. 4,...=,, saoli.'`JMIns CINv'I ��,� .�. 11,V87VIN 9Of ) MOt.LV0 171LISD S.?70.(3e8fn l o V. `ONId,7AWPS UNV7-H pi to m t o r.1o 't .a°RG Se 5 a " " leg =I 9 .. =m'mto�;= ° mco °- s p,"",'. s " van3 E°E9 coo .io-on? < vc 8F �- � �o& 42ePi§RiD `ga3a5¢ E" & � 8i .W ' - 45 °-'n � � Ee$ : �" d9a=2Pjv Eoc sy,1°aAl . ob55",.Eo°oa2,,g,, K"15 $ E $ - pSf 5 c li s` t`65-6. 0t12-8.8'''.5' ' it 105 E1°E -21511 16.8 `1 � _ If, 8o a 9 r Y5-'oEaa_: e E 8'61.4•85,-12:56P,13 1E t., .4-30 . -` ° of "d 6 A lLE-El%, ,2.15 ° EmSi `s ^`s 9 E F o 00 >.1 S1'::14151.41'..6i9 °�" o3ErBL SSo : IIF, - -5 e" ;."6 w S.2E.£.Li 85F'm . °i YS 0.99 9 ."E.b w - 5 92 _ 5',- c.. - .€ .€ o.w Ecc E:°oc51I E�oo Sic9o- E ti - g " § - fr S9' E II'6 „ t°"5^on ..F�9�o 6114.-`. 09=225 "° p"N " a t < vai w a$ E_o 6 15 ;Emo1""6 foto RFa9 4Eo<rn« GE "O 6.i cola so e c 1 u ow 8r-1'6838-°e"s= 41: 6.e 43s$es p € Q o Qe " - 5"' \‘ arae LYSO Eo o� g c; o rc% 9 n 9 a -z ii .. o m 15342E€?_Ec.='.5e E- s:z§eSce 4$ 8" -=o• , L`F 3 " : eT O - v 5r-.6.:o Lit cFcv,` iiv -m m w a 73 0E°"oRmcc3c=°o5 Li 57 v n SY � .. 1 N - R i - 3 \�40 "0505 cWv^"E"t -xis .4.431-'4,12.1" •z 304 `o - " V g« ' 61 N € 3 "`"auto: Ea= " - LI 11;7;1 's ' S a 1` ;x €a L'_, U.Y.:oa$Eo$ o9 o .Ea€ -Eo55'8ro k r, $. ` - - - E _ Erc '"W w - - - o'€96.€c'-tk • s�o cy€ "€aao_- V Eo Al c _ S mw mS a_ a s "..ccn:l6`oi 5.031 gP0.v.s in , n 6.• . 'a n m -.--. 5 w S a y4g o cg � i e ys oFo1o = wa W o d 'gpi ) iE = Eg ; - — wD m z Ncd a i i u d u a v U E Q o N ( ) L' 1-1 7Q ,`. 3.0926.05 00'OLI $i °`IS `p s .9911 I I �1 08 .I x o IIS "t. $ 968 In r" a8 III `� ,e‹,..,0i0> l' rr,ry 3.0556ON 00'OL i _ `_sl'r U w 1 01 I r .P`g'_ 0 °o E T`J- ^cg wM -ml I o€ I 80, W El a s i- gta 1 Gln i '� ;6.O,a Im ^03 r'O 1 I C,i r0 i az a Z- � ' � ,_10• o w L-- .- — 4..- 3.05,£6.06 00'OLw - 00'0Ll' ' • — ._"• -01•V•_1],- " rN o of • (P005'""8: T.3a{LP crilIHd , - — - S -- - — — — - - - - i 1 I 1 I 4FAR49,&, City of Farmington 430 Third Street caof Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 'FP' 11200v. www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Conditional Use Permit to operate a Commercial Kennel in the B-1 Zoning District- N2 Investments Inc. DATE: April 10, 2018 INTRODUCTION N2 Investments, Inc. has requested approval of a Conditional Use Permit [CUP] to operate a commercial kennel in the B-1 (Highway Business)zoning district at the property addressed as 915 8th Street (Farmington Mall). Planning Division Review Applicant: N2 Investments, Inc. 5220 132nd Street W Apple Valley, MN 55124 Property Owner: Caspian Group 7401 Bush Lake Road Edina, MN 55439 Attachments: 1. CUP application 2. Plan layouts and building elevations Location of Property: 915 8th Street(Farmington Mall) Legal Description: Lot 1, Block 4 TOWNS EDGE PLAZA Surrounding Land Uses: multi-family townhomes to the East,multi-family apartments to the North, commercial to the South, and Trunk Highway 3 to the West. Existing Zoning: B-1 (Highway Business) Comprehensive Plan Guidance: Commercial Current& Proposed Land Use: The subject property is the Farmington Mall. The applicant would like to utilize the northern most vacant bay for a commercial kenneL DISCUSSION N2 Investments is seeking approval for the operation of a commercial kennel within the B-1 zoning district. The address of the property where the commercial kennel is proposed to be located is 915 8th Street (Farmington Mall). The commercial kennel(The Dog House)would occupy the northern most bay of the mall. The kennel would be a dog daycare and boarding facility. The proposed business would consist of an indoor playground for dogs only as well as an outdoor play area(to be located in the open area just north of the mall building). The outdoor play area will be fenced in with a six(6')foot high vinyl fence. Normal operating hours are proposed at 6:30 am to 8:00 pm Monday-Friday and 9:00 am to 4:00 pm on weekends. The boarding component of the business would consist of unattended overnight stay. All dogs would be kept in an appropriate locked kennel from 8:00 pm to 6:00 am. All dogs would have a meal and outside time before closing to minimize accidents. According to the applicant, services are mainly directed to dogs 6 months of age and older. All dogs are subject to a screening process and a 24 hour assessment period prior to acceptance. Dogs that do no pass the screening(i.e., excessive noise, aggressive behavior, disruptive to other dogs, lack of obedience)will not be accepted or tolerated in the premises. Section 6-3-2(B)of the city code provides standards that commercial kennels are subject to, those standards are: 1. An enclosed exercise area shall be provided to accommodate the periodic exercising of dogs boarded at the facility. Any outdoor exercise area must be fenced to a minimum height of four feet(4'). In cases where the fencing is not 100% opaque a three foot(3')vegetative buffer must also be provided along said fence. Any outdoor exercise area must be maintained in a clean and sanitary condition at all times. All solid waste must be removed a minimum of once per day and the solid waste shall not be allowed to enter a stormwater facility or storm sewer. No dogs shall remain unattended in an outdoor exercise area. 2. In a multi-tenant building,the kennel facility must have a ventilation system that prohibits the transmission of odors or organisms between the tenant bays. The ventilation system must be capable of completely exchanging internal air at a rate of 1.00 cfni/square foot of floor space per area dedicated for the keeping of animals exclusive of offices pursuant to chapter 1346 of the Minnesota state building code, as may be amended,these requirements can be met by the submission of an air exchange analysis, acceptable to the city from a Minnesota licensed contractor or engineer confirming with said standards, otherwise, the facility ventilation system must be completely separate and independent of other tenant space within the building. Facility air temperature must be maintained between sixty degrees and eighty degrees Fahrenheight. 3. If located within a multi-tenant building, soundproofing shall be installed on all common walls between the commercial kennel bay and adjacent bays within the building. 4. Wall finish material below forty eight inches (48")in height shall be impervious, washable materials such as sealed masonry, ceramic tile, glass board, or marlite. Floor finish shall be sealed concrete or other approved impervious surface. Liquid tight curbing, at least six inches (6")high, shall be installed along shared walls for sanitary confinement and water wash down cleaning. 5. A sufficiently sized room/cage separate from the facility areas shall be provided to adequately separate sick or injured animals from healthy animals. 6. Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a container of sufficient construction to eliminate odors and organisms. If the Planning Commission grants approval of the requested CUP, it should be conditioned upon the satisfaction of the aforementioned standards. The city code provides criteria that must be met in order for the Planning Commission to approve a Conditional Use Permit. Those criteria are as follows: 1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this title. A Commercial Kennel is a conditional use in the B-1 zoning district 2. The proposed use shall not involve any elements or cause any conditions that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards listed below. The Commercial Kennel if approved must adhere to the regulations and standards that have been established for this specific use. The standards, as previously outlined in this memorandum, were established to address these concerns. 3. The proposed use shall be constructed, designed, sited, oriented and landscaped to produce harmonious relationship of buildings and grounds to adjacent buildings and properties. The proposed use will be located within an existing building. As previously mentioned, an outside play area will be added to the north side of the building and will be fenced with a six foot high vinyl fence. 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. The Commercial Kennel is proposed to be located within a commercial mall. Again, standards have been established in code that must be adhered to in order for the kennel to keep its license. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. The proposed use will utilize the existing parking lot for the mall. No additional site access or parking is required 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 comprehensive plan. ACTION REQUESTED Approve the Conditional Use Peiinut allowing the operation of a Commercial Kennel within the B-1 zoning district and on the property located at 915 8th Street, subject to the following conditions: 1. A kennel license shall be applied for and subsequently approved by the city every year that the proposed use is established at the premises. Said license shall expire on December 31st of each year. Reapplying for a kennel license shall trigger the need for a property inspection by city staff. 2. All standards as outlined in Section 6-3-2(B)of the city code must be met. 3. The applicant shall obtain all necessary building permits that may be required for the establishment of the proposed use. 4. A sign permit application shall be required for any signage to be placed on site. ATTACHMENTS: Type Description o Backup Material CUP application D Backup Material Plan layouts and building elevation NAR 22 2018 city of Farmington 430 Mini Su ct By Farming-mix Mmonsnta _ �. 658280.6800•Fax 651.280.68'99 CONDITIONAL USE PERMIT APPLICATION Applicant: 2 J&iVCS1b1 t=om TS /NC . Telephone:(IF; )) 2494138 Fax: ( ) Address: a ZZQ (321VI) Si tk) /4FPLE 1) tLLEs1 MN Ss-I2.4 Street City State Zip Code Owner: (As F!ANi 4/49v' Telephone:6S2) 311- 1111 Fax: ( ) Address: 44o) gas /4150 !vQ1rVi61 /f N -s-s-43'5) Street City State Zip Code Premises involved: I S aim si � �+ ((�i o�.l MA L_ Address/Legal Description(lot,block,plat name,section,township,range) i Current Zoning District ( I Current Land Use ge.te t( Mck(t Specific Nature of Request: SE. A►)4C SUBMITTAL REQUIREMENTS I I Proof of Ownership I f 6 Copies of Site Plan ❑Application Fee 0 Abstract/Residential List(required 35$ from subject. • ) I I Boundary/Lot Survey I I Torrens(Owner's Duplicate Certifies o 'i e i —�_ i4'//8 Signs e of Owner Date Signs ; e of pplic t Date 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: Conditions Set Planning division: _ Date: 9/06 DRAFTED BY: City ofFarodngmh 430 Third Shcct Farmington,MN 55024 ott. 111111k 1111WW.11 1.1111111-114k 4 L . f F7 rk jilf1:11 113 Orrrtv El 1:11 ._mineimmiwoms_ , 1; /i Nwstssir-- , • BEIM Pr 111, 4411(101111fr ---7- 7r \ \\ l',.[..-r I li ' I LAN# wisinsforwr I I. 1 mormimmimmim Elm ,__,...._ _.„.,,;,,,,,,, ,, .....I , ' li 1..--411. 11111, t 1 I 'IL 11 - —' I d:1 ."--10 7 ,:-.'•:',E1.:,,:-;i,,i,''..,,i,";:). 111 I: - . Ili 1 1 I k Icziimmi" . ... . ...,„,-; I .,. _... .. •,, , el. Imig! '',.,. .. I , . , III '' :-' -:I , !!„1 1 _ Hi 1..1 ,., Ili , s t, f, • CD 0 • 11 g . . , ..... — .. IF . i .1 II, I No mii1111 1 1 1 1 r 1 .-.' I Si ' 1 ;-- 1 ' I ,--- .7-7 I 1111111T I MI iii iii iiii ' ,MI I f OSININ, I 1.., , joiammt III 111 1111 II I jriliffill' 1.11,11.11 I ' MN Atm. in M ,,....;• it.4 ML: I MI I Bilf 1 _ _.. ' .___ ,. •r - NI '-' , ,i , 1 1 MI 1 , [.. .,,,,--rS--,-^ 7-X--•- ",4, ,, . VP VI im ill I.'C I I .., IiiI®i I. ... , i. 1. I II 1 , ,......„ , .„., I ... .. .. ..... ..... .... • . . - . _ 111 nt .. . 111M1111011111111111111 11.1_11111INI . 111.1.6' 111 ..... i 1 I ,,„•-• \ : . '''. .., ....,..,' '',. '' ••••'-, , . . .,,,......; '' 1111E1 , •• , _, ,, ' • ,„„,,, i-' \ , .. .. . ..., , ...,.,".., .., ... ,\. e ...... '•, ,. o�EAR�i City of Farmington 430 Third Street Farmington, Minnesota 14 651.280.6800 -Fax 651.280.6899 www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Conditional Use Permit to operate a Commercial Kennel in the B-1 Zoning District- Minnesota Animal Rescue DATE: April 10, 2018 INTRODUCTION Minnesota Animal Rescue has requested approval of a Conditional Use Permit[CUP] to operate a commercial kennel in the B-1 (Highway Business)zoning district at the property addressed as 949 8th Street (Farmington Mall). Planning Division Review Applicant: Minnesota Animal Rescue Caycee Bregel 3815 250th Street W Farmington, MN 55024 Property Owner: Caspian Group 7401 Bush Lake Road Edina, MN 55439 Attachments: 1. CUP application 2. Plan layouts Location of Property: 949 8th Street(Farmington Mall) Legal Description: Lot 1, Block 4 TOWNS EDGE PLAZA Surrounding Land Uses: multi-family townhomes to the East, multi-family apartments to the North, commercial to the South, and Trunk Highway 3 to the West. Existing Zoning: B-1 (Highway Business) Comprehensive Plan Guidance: Commercial Current& Proposed Land Use: The subject property is the Farmington Mall. The applicant would like to utilize the southern most vacant bay for a commercial kennel. DISCUSSION Caycee Bregel of Minnesota Animal Rescue is seeking approval for the operation a of commercial kennel within the B-1 zoning district. The address of the property where the commercial kennel is proposed to be located is 949 8th Street(Farmington Mall). The commercial kennel would occupy the southern most bay of the mall. The kennel will be a rescue center for cats and dogs. As shown on the attached floor plan, the front of the unit will be where the cats will be kept. This will include fully enclosed cat areas,both for individual cats and a larger area for groups of cats. The back of the unit will house the dogs. The back of the unit will be divided into various kennels stalls, an indoor turfed dog area as well as a separate room for sick or injured dogs. The attached floor plan does show an outdoor play area that would be on the southside of the existing building. The fence for this area will have to be a minimum height of four(4')feet. Additionally, if the fence is not 100% opaque a three foot(3')vegetative buffer must be provide along the fence. Section 6-3-2(B)of the city code provides standards that commercial kennels are subject to, those standards are: 1. An enclosed exercise area shall be provided to accommodate the periodic exercising of dogs boarded at the facility. Any outdoor exercise area must be fenced to a minimum height of four feet(4'). In cases where the fencing is not 100% opaque a three foot(3')vegetative buffer must also be provided along said fence. Any outdoor exercise area must be maintained in a clean and sanitary condition at all times. All solid waste must be removed a minimum of once per day and the solid waste shall not be allowed to enter a stormwater facility or storm sewer. No dogs shall remain unattended in an outdoor exercise area. 2. In a multi-tenant building, the kennel facility must have a ventilation system that prohibits the transmission of odors or organisms between the tenant bays. The ventilation system must be capable of completely exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated for the keeping of animals exclusive of offices pursuant to chapter 1346 of the Minnesota state building code, as may be amended, these requirements can be met by the submission of an air exchange analysis, acceptable to the city from a Minnesota licensed contractor or engineer confirming with said standards, otherwise, the facility ventilation system must be completely separate and independent of other tenant space within the building. Facility air temperature must be maintained between sixty degrees and eighty degrees Fahrenheight. 3. If located within a multi-tenant building, soundproofing shall be installed on all common walls between the commercial kennel bay and adjacent bays within the building. 4. Wall finish material below forty eight inches (48")in height shall be impervious, washable materials such as sealed masonry, ceramic tile, glass board, or marlite. Floor finish shall be sealed concrete or other approved impervious surface. Liquid tight curbing, at least six inches (6")high, shall be installed along shared walls for sanitary confinement and water wash down cleaning. 5. A sufficiently sized room/cage separate from the facility areas shall be provided to adequately separate sick or injured animals from healthy animals. 6. Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a container of sufficient construction to eliminate odors and organisms. If the Planning Commission grants approval of the requested CUP, it should be conditioned upon the satisfaction of the aforementioned standards. The city code provides criteria that must be met in order for the Planning Commission to approve a Conditional Use Permit. Those criteria are as follows: 1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this title. A Commercial Kennel is a conditional use in the B-1 zoning district 2. The proposed use shall not involve any elements or cause any conditions that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards listed below. The Commercial Kennel if approved must adhere to the regulations and standards that have been established for this specific use. The standards, as previously outlined in this memorandum, were established to address these concerns. 3. The proposed use shall be constructed, designed, sited, oriented and landscaped to produce harmonious relationship of buildings and grounds to adjacent buildings and properties. The proposed use will be located within an existing building. As previously mentioned, an outside fenced in play area will be added to the south side of the building. 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. The Commercial Kennel is proposed to be located within a commercial mall. Again, standards have been established in code that must be adhered to in order for the kennel to keep its license. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. The proposed use will utilize the existing parking lot for the mall. No additional site access or parking is required 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 comprehensive plan. ACTION REQUESTED Approve the Conditional Use Permit allowing the operation of a Commercial Kennel within the B-1 zoning district and on the property located at 949 8th Street, subject to the following conditions: 1. A kennel license shall be applied for and subsequently approved by the city every year that the proposed use is established at the premises. Said license shall expire on December 31st of each year. Reapplying for a kennel license shall trigger the need for a property inspection by city staff. 2. All standards as outlined in Section 6-3-2(B)of the city code must be met. 3. The applicant shall obtain all necessary building permits that may be required for the establishment of the proposed use. 4. A sign permit application shall be required for any signage to be placed on site. ATTACHMENTS: Type Description ID Backup Material CUP application o Backup Material Plan layouts , N 11/4L9 11 b I] 111 MAR 2 2 2018 111 fANi �� City of Farmington ��TA�' 430 Third Street L.%^' )1 Farmington,Thi,Minnesota M� 63L280.6800•Fax 01.?80.6899/ www.clfnnaingtanamas CONDITIONAL USE PERMIT APPLICATION Applicant: //1 i,,}Y?'e51/4d Mina/ lfC1 S4 Telephone:(70;)3 P 7 %..00Fax: ( ) Address: `� fill5'�'Gd7 4011510/0+-' //M/ S5-C2.-?4 Street Free/ City State Zip Code Owner: edgeee Freee/ Telephone:(701) •3o7..-Qoci Fax: ( ) /c �f Address: '61/.5'61/.5 v�.7 v 51 Pk) -P/'yvj,n )n fl!nV ✓'U 0�7 Street 9 City � State Zip Code Premises Involved: 94?/' " h 9. ..0,-0-7;,-/./6,-),..0,-0-7;,-/./6,-), l'rN g5 ` i Address/Legal Description(lot,block,plat name,section,township,range) A� I ( Current Zoning District �n .'f Current Land Use ��iZ( I Specific Nature of Request: Avi i21 /I(„--k?nii,q/ LGfn.ct 1 Cc:AA t-re,-( c:-1 ienttv-. 2.1 SUBMITTAL REQUIREMENTS ❑Proof of Ownership ❑6 Copies of Site Plan ❑Application Fee ❑Abstract/Residential List(required 350'from subject property) ❑Boundary/Lit Survey ❑Torrens(Owner's Duplicate Certificate of Title Required) 7Cdr 4ir� /� � 3/x//8 ignature of Owner Date Signature of Applicant Date Request Submitted to Planning staff on For office use only Public Hearing Set for: Advertised in Local Newspaper: 1 1 PIanning Commission Action: Approved Denied Fee Paid City Council Action(if necessary): Approved Denied $250—City of Farmington Comments: Conditions Set: Planning division: Date: 1/1/2018 DRAFTED BY: City ofFarmingtoo 430 Third Street Farmington,MN 55024 r--------1-L-'7" ., ..... . .• "+3 • • • C&Lc 4n,'. .D' j2 • �� Ure, . _ VI IF •• •• . ,. _._. .. q p . • . . Fel • . . I_. 1y Ott,�v�Msr�,4 . __. ; t .... _. 9 r i 3 i , • 2 I 1 . :7As... rc+.v _ +J� y y 1 -- -" { 1 - ' 1 i , v I :Si EY,.I . I +JGeTnY _ I A - f 1 L Minnesota Animal Rescue mnanimalrescue.org facebook.com/mnanimalrescue Rescuing the most vulnerable; saving the most unsavable. 3 i OAR.f4► City of Farmington !' p 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 %•� PSOVOCIv. www.cifarmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Site Plan Review-Express Auto -22015 Canton Court DATE: April 10, 2018 INTRODUCTION Express Auto Transport is the contract purchaser of Lots 1-2, Block 1 and Lots 1-3, Block 2 of the FARMINGTON BUSINESS PARK. Sterling State Bank is the current owner of the lots. The site location is addressed as 22015 Canton Court. Express Auto Transport is proposing to construct a 27,337 square foot building consisting of a 2,022 square feet of office space and 25,315 square feet of truck terminal. Express Auto Transport is a nationwide auto transport carrier. DISCUSSION Attached to this memorandum are the Business Park PUD Agreement and Design Standards,the Heavy Business District Requirements (Section 10-5-15), and the Site Plan Review Requirements (Section 10-6- 23) for your review. Section 10-6-23(E)of the City Code requires that"Major Projects" be reviewed by the Planning Commission. Under Section 10-6-23(E) subd. 1, projects need to be reviewed by the Planning Commission when construction of new structures with site improvements is proposed for undeveloped land. Site Plan The company is currently located in Shakopee and have chosen to relocate to Farmington. They propose to construct a 27,337 square foot building to house the trucking operation. As shown on the attached site,the proposed building will have an office area on the north end and the remaining 25,315 square feet of building would contain 20 separate truck bays (10 on each side of the building). The building is oriented north and south with the office facing 220th Street W(MN 50). The building as shown on the site plan crosses the joint property line of Lots 1 and 2, Block 1. This will require that these lots be combined into a single lot. Additionally, there are ten(10')foot wide drainage and utility easements on both sides of this joint property line that will need to be vacated by the City. The portions of the lots surrounding the west, south and east sides of the proposed building will be paved with bituminous. Additionally, the site plan shows 21 off-street parking stalls towards the northern end of the lot. The 21 stall being provided meet the city's off-street parking requirement as outlined in code. As previously mentioned,the site is within the B-3 zoning district and requires the following minimum building setbacks: • Front yard: 20 feet* (per the PUD Agreement) *The proposed front yard setback as shown in the site plan off of 220th Street is 25 feet. 220th Street is classified as an A Minor Arterial Roadway. Section 10-4-1 (L)of the city code requires that the minimum front yard setback for all districts adjacent to minor arterial streets,except those located in Section 31, Range 19, Township 114, must be fifty(50')feet from the planned right of way line. Therefore, the proposed building will have to be shifted an additional 25 feet to the south in order to be in compliance with this provision. • Side yard: 6 feet • Rear yard: 6 feet All other setbacks as shown on the site plan meet and/or exceed the minimum requirements of the B-3 zone. The B-3 zoning district allows for 35%maximum lot coverage for all structures. The proposed lot coverage (building only)would be 8%, well below the maximum that is allowed. As outlined in the Farmington Business Park Design Standards, The exterior walls facing Trunk Highway 50 (220th Street W)on Lot 1, Block 1 must consist entirely(100%)of one or more of the following materials: (a)Brick (b) Stone (c) Concrete Masonry Block (d) Concrete All other exterior walls must consist of at least 50% of one or more of the following materials: (a)Brick (b) Stone (c) Concrete Masonry Block (d) Concrete Alternate exterior surface materials of pre-engineered metal may be substituted in an amount not to exceed 50% of an exterior wall. The proposed building will be sided with a metal span tuff-cast material that gives the appearance of a concrete material. Staff is comfortable with allowing this material and will have samples at the meeting for the Commission to inspect. As shown on sheet AS2.0, the applicant is requesting to utilize the three lots south of Canton Circle as a temporary parking area for cars that the company hauls. The parking area would be covered with asphalt millings. This would allow for an easier conversion of the parking area back to buildable lots in the future. The parking area is proposed to be entirely fenced in with an 8 foot high fence. A building permit is required for any fence that is over 7 feet in height. An 8 foot high fence is permissible in commercial and industrial districts per Section 10-6-12 of the city code. If the proposed fence is to be chain link slats and/or mesh that consists of earth tone colors of tan,brown or green hues must be installed on the fence to provide the required screening effect. The B-3 code allows parking lots as a accessory use. With that being said, the lots containing the building as well as the lots for the parking area will be under common ownership and Section 10-6-4(A)of the city code does allow parking spaces to be located on a lot other than that containing the principal use provided approval is given by the Planning Commission. Due to the common ownership of the lots and their proximity to each other, staff would request that the Planning Commission consider approval of the parking area as part of the overall site plan consideration and potential approval. Proposed Use An office and truck terminal are listed as a permitted use under the B-3 zoning district requirements. Transportation The site plan shows two accesses off of Canton Court. ACTION REQUESTED City staff recommends approval of the Express Auto Transport site plan subject to the following: 1. A sign permit application shall be required for any signage to be placed on site. 2. The applicant shall obtain all necessary building permits that may be required for the establishment of the proposed use. 3. A lot combination must be submitted to and granted by Dakota County for Lots 1 &2, Block 1 FARMINGTON BUSINESS PARK. 4. The vacation of the drainage and utility easements along the shared property lines of Lots 1 & 2, Block 1 FARMINGTON BUSINESS PARK by the City Council. 5. The site plan being modified to show the building setback from 220th Street W at a minimum of 50 feet from the planned right of way line. 6. Contingent upon engineering comments. ATTACHMENTS: Type Description ❑ Backup Material Site plan and elevations ❑ Backup Material Business park PUD agreement and design standards ❑ Backup Material B-3 zoning code D Backup Material Site plan review requirements �ii w°�Er y�d°J I. •• I is Q � LL 111tr� .oyv'Ya ;i1$ i wz Xaa " ��osy e p .1i ,p■� 5 I w •"LL t °J 8 til II g k 3 1" it ii toa !I1 Z 0 F o 7 co co L O°, ,A e 1. z a' M;RIg 1 w g °mzsn "s N m , � C7t o i II/ 2 z ' o f F s a I C.) O D m p w to- $E r• � �. '&1-tag ry=`a' ,L• La LLg '=2g.3."w- P. s % ;$r i UU U a ay Sgg 'u._ U 'sl. gr- € a° 11 re O z % a i_. Ig ji e7 !iliit'l F O { s1 "" $'S4szg 3t � � I g111.RgSt o Ul ix 2 p O w g C.) 0 LL a39 E$ 6 . i < i< O .Www - wi, = € � 1 S Al- '''• _• "u ' -00 - u is o _ 17 y i- %, . .,,R } .7-TYC� iia F_._. Ilil _. k ',_ 4 40 ELE -_ ____-:_,...K_____ 0 L9E c� ! { I t R � ° o Oo ' i r : I � , r t; m 1 I ; 5r� am01iJ _ ; I 11 fn a€ w IF ti 'Ii A a,aci m `- I SII I ( � Il lap',-:',-'4447,;',',..7,-;:t; 1i yI(Q III 1 1 III III 3 I Ik I L ;V L�W35 5 It 14 I .til-' I - I I�� I �I 1711 1 1 .1,082 °, 3 00010 0049E 00'010 N1.00.01000 T` m$ I { O 0 Misxm-0rww'uwtwwy---...---=.:14.,:=0:;,-„=. a ZO a€1 1QQ O• o g li 1 omg asiI ' I wOu�N y�cjOYJ� 3 F:: �a zrilX a_<;;; "' -,i- os 8 ss'I Ili! x a r i LIE rc dLIJ LL ;1 11 1 C, §i !€ }E € G z , 0 I-' a C.) 0 J 4� t rae— .Q = _ w41'. 1` > ;: -z z $ I � "' tint i x -'I� E 2 ,F,2 I I I 3 LLIIII w, III,' I f5 b.yn; 1- 3 litl ,_..y. N I oxl l''' w j} E I ::: LL O 0 0 0 0 . o i 0 xF oll� al 1110-971L ° — — — l 1 e roi�T`\ 1N3W3Stl3J I �� -ao* ..oar ` ' 00'ftf--- 00'9ZL AQ19E--- �Z -� 10 LVOS 1 1 I T '';.1a'm '1. .:o I j I 1. I ( le I '° 1" ° k I it 0 ` r m LL L_ _J . 0 el I = �-- - -- . 0 W a '/p 19 S"R O ggg €. a a g li �� LL i. �F- �'s 62�d 8 Jill a Q Z a¢„$” '<tr`P 541 :s w8 M� R W RP.LL /,d Z0 d 6$1 ' 4 3 II d z€' &f F P a i l l O O O O O" fes, 313.1103 0/0 0 DS 1 la .. 0 i1 0 : 0 _ i O a O ff, Os O i. ! a '' q O O O O i I - 313.N.010 m O - 0000 .. .. .. —01 0 9 UI 0 1 I I� o� I`` . 0 ` € s - 0 C a 1 CD Ca,I =O _ BLit e �3 3aON��k� - _ 0 OI © O O 0 0 �m� o g 0 ? !,- 8`i' o : - iI ' I ° / «� , / !�� § (§ i / \ / \ 28 EE /). % @ Q b, \_ . @ |h )| H! \ AI ))' ) \\\I //8\\ : { . , z , \\/\/> a§a t . .� . n , . . _ _ ° 0 i" � \)I\- [ §/_ I .'I . 2\ ) \ _ : §a d; /j\ \. � u. $/�.. .1 / [\ m8 % — ../J 3 r ; [ F---. \.. , , . ) /; \ . , , ) � . \/a\ : H1 >- w ( \ _ E - ) \ x i : ^ � ; L.:\\\ 1 § ) ] w%}1°1'',/\ ` � " , � - . , . ° \\/'09c/ 0/\ § CS ° ƒ / ` i ! , 1 � . . . . \1 © © 1 . 41 © I1 an ! 11 I H ', , ;E 1 1:11& 7 \/ /\1NEN « + Ar ,, ; ! (E(B#!e ` . ^ /` : \/i e $ , \ II m , c § § i n\t / \ go um E \ / 0 0 2354388 5 0 W O VAI O �� C C7 h �o OC w orr = ?v � � � w a000 30 ' 0 0 U Q .� auQ= F z� _ 0 M "' QC:1" Cr) O V la m w O o w0 '� Z � F ¢ 0 0 0 O LL U 0 PLANNED UNIT DEVELOPMENT AGREEMENT AGREEMENT dated March 7,2005,by and between the CITY OF FARMINGTON,a Minnesota municipal corporation(referred to herein as "City"), and Colin Garvey(referred to herein as "Developer"). RECITALS A. Developer owns property situated in the County of Dakota, State of Minnesota, and legally described on the attached Exhibit"A"(referred to herein as "Subject Property"). B. Developer has asked the City to approve a planned unit development for the Subject Property(also referred to in this Agreement as the "PUD"). C. Developer desires to have the Subject Property rezoned from A-1 (Agriculture)to B-3 (Heavy Business)Planned Unit Development. D. Developer has applied for a preliminary and final plat of the Subject Property. NOW,THEREFORE,the parties agree as follows: 1. Conditions of Approval. The City hereby approves a rezoning of the Subject Property to B-3 PUD subject to the conditions set forth in this Agreement,on condition that 98382 1 Developer enters into this Agreement,as well as the related Development Agreement dated .277 a aco ,detailing a development plan for the Subject Property including the construction and installation of public improvements to serve the Subject Property. 3. Effect of Planned Unit Development Approval. For two(2)years from the date of this Agreement,no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density,lot size,lot layout,or dedications of the development unless required by state or federal law or agreed to in writing by the City and Developer. Thereafter,notwithstanding anything in this document to the contrary,subject to non- conforming use rights the City may require compliance with any amendments to the City's Comprehensive Plan,Zoning Ordinance, official controls,platting or dedication requirements enacted after the date of this document. 4. Plans. The City grants approval to the development of the PUD in accordance with the following plans which are on file at Farmington City Hall. The plans are not attached hereto. If the plans vary from the written terms of this Agreement,the written terms shall control. The plans are: Preliminary and Final Plat Grading and Drainage Plan Topographic Survey Utility Plan 98382 2 5. Zoning. Except as otherwise modified by this Agreement,the land use,design and other requirements and standards of the B-3 zoning district shall apply to the Subject . Property with the following exceptions: • Permitted Uses to be Added:Restaurants, Class II • Minimum Lot Size would Change from 5,000 Square Feet to 1 Acre • The minimum setback requirement would change from 0 feet to 20 feet • The maximum lot coverage would change from 35%to 45%for mini-storage facilities only • Delete sexually oriented business-accessory use 6. Compliance with Permit and Licenses. It is the responsibility of the Developer to obtain and comply with all necessary approvals,permits, and licenses from the City of Farmington,Dakota County,the Town of Castle Rock,Minnesota Pollution Control Agency, Minnesota Department of Health,and any other regulatory agency affected by or having jurisdiction over the site. All costs incurred to obtain said approvals,permits,and licenses shall be the responsibility of the Developer. 7. Compliance with Laws and Regulations. Developer represents to the City that the proposed development complies with all applicable City, County,Metropolitan, State,and Federal laws and regulations,including but not limited to the Farmington City Code,planned unit development ordinance,subdivision ordinances,zoning ordinances, and environmental regulations in effect during the course of this development or Agreement,and agrees to comply with such laws and regulations. 8. Enforcement. Developer shall reimburse the City for costs incurred in the enforcement of this Agreement,including reasonable engineering and attorney's fees.Developer 98382 3 . shall pay in full all bills submitted to it by the City within sixty(60)days after receipt.Bills not paid within sixty(60)days shall be subject to an eight percent(8%)per annum interest charge. 9. Miscellaneous. A. Breach of any material term of this Agreement by Developer shall be grounds for denial of building permits. B. If any material portion, section,subsection,sentence,clause,paragraph,or phrase of this Planned Unit Development Agreement is for any reason held invalid as a result of a challenge brought by Developer,their agents or assigns, the City may, at its option,declare the entire Agreement null and void and approval of the final planned unit development shall thereby be revoked. C. The action or inaction of any party shall not constitute a waiver or amendment to the provisions of this Agreement.To be binding,amendments or waivers shall be in writing,signed by the parties, and approved by written resolution of the City Council.The City's failure to promptly take legal action to enforce this Agreement after expiration of time in which the work is to be completed shall not be a waiver or release. D. This Agreement shall run with the land and shall be recorded in the Dakota County Recorder's office. E. This Agreement shall be binding upon the parties,their heirs, successors, or assigns, as the case may be. F. Third parties shall have no recourse against the City under this Agreement. G. Except as otherwise specified herein,Developer shall pay all costs incurred by them or the City in conjunction with the development of the PUD,including but not limited to Soil and Water Conservation District Charges,legal,planning, engineering and 98382 4 inspection expenses incurred in connection with approval and acceptance of the plat,the preparation of this Agreement. H. Each right,power or remedy herein conferred upon the City is cumulative and in addition to every other right,power or remedy, express or implied,now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right,power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right,power or remedy. I. The"Farmington Business Park Design Standards"attached hereto as Exhibit B shall apply to all new construction that occurs on the property legally described on Exhibit A. 10. Notices. Required notices to Developer shall be in viiintrthattaShall be either � ►r hand-delivered to Developer,its employees or agents,or mailed to Colin Garvey by,registered mail at the following address: 22098 Canton Court,Farmington,MN 55024. NOtiCesii5IlieCity shall be in writing and shall be either hand-delivered to the City Administrator,or mailed to the City by registered mail in care of the City Administrator at the following address: Farmington City Hall, 325 Oak Street,Farmington,Minnesota 55024. CITY OFF ' I GTON BY: ' Kevan oderberg, l:. . ►rb a, !ity • .I s By: Its: 98382 5 • STATE OF MINNESOTA ) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 3 day of ,20 os',by Kevan Soderberg and David M.Urbia,the Mayor and City Adnrtrator of the City of Farmington,a Minnesota municipal corporation,on behalf of the corporation and pursuant to the authority granted by its City Council. CYNTHIA A MULLER NOTARY PUBLIC-MINNESOTA (2 a My Commission Wm/10141010 N Public STATE OF MINNESOTA ) (ss. COUNTY OF L46111, ) The foregoing instrument was acknowledged beforeme this 2- day of ,200 5,by ( -&T) ,the of regplayer-f ,a ,on behalf of said d ��t7 0/1_. . SUSAN&MMIER `.�X�� '' NOTARY PUBLIC-MINNESOTA ���1` r kw,commission Expires 01-31-2010 Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,MN 55121 Telephone: (651)452-5000 [JJJ] 98382 6 EXHIBIT"A" That part of the east 400.00 feet of the Northeast Quarter of the Northwest Quarter of Section 5,Township 113, Range 19,Dakota County,Minnesota lying south of the north 858.01 feet thereof,except that part to Castle Rock Township for road purposes. And, That part of the west 453.75 feet of the east 853.75 feet of the Northeast Quarter of the Northwest Quarter of Section 5,Township 113,Range 19,Dakota County,Minnesota,lying south of the north 825.00 feet. And, The N 1/2 of the NW 1/4 of the Section 5,Township 113,Range 19,Dakota County,Minnesota. Except, cr- The west 692.33 feet of said N 1/2 of the NW 1/4. en Also Except, A 30.00 foot wide strip of land lying on either side of a line described as commencing at the Northeast corner of the Northwest Quarter of the Northwest Quarter;thence North 89 degrees 45 minutes 26 seconds West,assumed bearing,along the north line of said Northwest Quarter of the Northwest Quarter a distance of 400.01 feet to the point of beginning of said line to be described;thence South 00 degrees 11 minutes 16 seconds East a distance of 858.03 feet and said line there terminating. Also Except, A 55.00 foot wide strip of land lying on either side of a line described as commencing at the Northeast corner of the Northeast Quarter of the Northwest Quarter;thence North 89 degrees 45 minutes 26 seconds West,assumed bearing, along the north line of said Northeast Quarter of the Northeast Quarter a distance of 400.01 feet;thence South 00 degrees 11 minutes 16 seconds East a distance of 858.03 feet to the point of beginning of said line to be described; thence South 00 degrees 11 minutes 16 seconds East a distance of 100.00 feet and said line there terminating. Also Except, The north 363.00 feet of the N 1/2 of the NW 1/4,lying west of the following described line: Commencing at a Dakota County monument at the Northwest corner of Section 5,thence;thence East along the North line of the Northwest Quarter of said Section 5 a distance of 1483.82 feet;thence continuing East along said North line a distance of 240 feet to the beginning of the line to be described;thence South perpendicular to said North line of the Northwest Quarter a distance of 363.00 feet and said line there terminating. Also Except, That part of the east 400.00 feet of the Northeast Quarter of the Northwest Quarter of Section 5,Township 113, Range 19,Dakota County,Minnesota lying south of the north 858.01 feet thereof,except that part to Castle Rock Township for road purposes. Also Except, That part of the west 453.75 feet of the east 853.75 feet of the Northeast Quarter of the Northwest Quarter of Section 5,Township 113,Range 19,Dakota County,Minnesota,lying south of the north 825.00 feet. Also Except, All that part of the North Half of the Northwest Quarter of Section 5,Township 113,Range 19,described as follows: Commencing at a Dakota County monument at the Northwest corner of Section 5,thence East along the North line of the Northwest Quarter of said Section 5 a distance of 1483.82 feet;thence continuing East along said North line a distance of 240 feet;thence South perpendicular to said North line of the Northwest Quarter a distance of 363.00 feet to the point of beginning of the tract to be described;thence West parallel with the North line of the Northwest Quarter a distance of 380 feet,said point being 363 feet South of the North line;thence South at right angles,a distance of 363 feet;thence East parallel with said North line,380 feet;thence North to the point of beginning, Dakota County,Minnesota. Also Except, The north 308.01 feet of the east 400.00 feet of the Northeast Quarter of the Northwest Quarter of Section 5, Township 113,Range 19,Dakota County,Minnesota.Subject to State Trunk Highway No.50 right—of--way over the north 33.00 feet thereof,except the west 30.00 feet of the above described property. Also Except, The south 275.00 feet of the north 583.01 feet of the east 400.00 feet of the Northeast Quarter of the Northwest Quarter of Section 5,Township 113,Range 19,Dakota County,Minnesota,except the west 30.00 feet of the above 12 described property. Also Except. The south 275.00 feet of the north 858.01 feet of the east 400.00 feet of the Northeast Quarter of the Northwest Quarter of Section 5,Township 113,Range 19,Dakota County,Minnesota,except the west 30.00 feet of the above described property. 13 Exhibit B FARMINGTON BUSINESS PARK DESIGN STANDARDS (A)Building Material And Design: 1.Exterior Walls facing Trunk Highway 50 on Block 1,Lot 1 shall consist entirely(100%)of one or more of the following materials and shall receive prior approval of the city: (a)Brick: Size,type,texture,color and placement shall be approved. (b) Stone: Stone shall have a weathered face or shall be polished,fluted or broken face. (c)Concrete Masonry Block: Concrete masonry block shall be those generally described as "customized architectural concrete masonry units" or shall be broken faced brick type units with marble aggregate.All concrete masonry units shall be coated with a city approved coating. There shall be no exposed concrete block on the exterior of any building unless approved by the city. (d)Concrete: Concrete may be poured in place,tilt up or precast; and shall be finished in stone, textured or coated,with a minimum life expectancy often(10)years. 2. Exterior Walls (other than those referred to in Paragraph#1 above) shall consist of at least 50% of one or more of the following materials and shall receive prior approval of the city: (a)Brick: Size,type,texture, color and placement shall be approved. (b) Stone: Stone shall have a weathered face or shall be polished,fluted orbroken face. (c)Concrete Masonry Block: Concrete masonry block shall be those generally described as "customized architectural concrete masonry units" or shall be broken faced brick type units with marble aggregate.All concrete masonry units shall be coated with a city approved coating. There shall be no exposed concrete block on the exterior of any building unless approved by the city. (d)Concrete: Concrete may be poured in place,tilt up or precast;and shall be finished in stone, textured or coated,with a minimum life expectancy of ten(10)years. Alternate exterior surface materials of pre-engineered metal may be substituted in an amount not to exceed 50% of an exterior wall for buildings if the following conditions apply: (a)The proposed alternate materials are architecturally compatible with the building as a whole as determined by the city planning division; and (b)The owner/developer complies with any additional screening and/or landscaping requirements of the city. 3.Alterations To Buildings:Any alterations to buildings shall meet all requirements of this chapter. 4. Canopies: Canopies with visible wall hangers shall not be permitted. Design of canopies shall be in keeping with the design of the building and shall be approved by the city prior to construction or alteration. 5.Roof Mounted Equipment:All rooftop equipment shall be set back a minimum of twenty feet (20')from the edge of the roof and shall be screened. Screening shall consist of either a parapet wall along the roof edge or an opaque screen constructed of the same material as the building's primary vertical exposed exterior finish.Equipment shall be painted a neutral color. The site plan shall indicate all mechanical rooftop equipment and shall include elevations. 6. Loading Docks:The design of the loading docks shall be incorporated into the overall design theme of the building and constructed of materials equal to or the same as the principal building. The loading dock areas shall be landscaped and/or screened so that the visual and acoustic impacts of their function is fully contained and out of view of adjacent properties and public streets. The required width for a landscaped yard along a local collector/industrial or local street is ten feet(10'). The architectural design shall be continuous and uninterrupted by ladders,towers, fences, and equipment.Businesses that abut Trunk Highway 50 shall not construct loading docks that front this roadway. 7. Trash Containers: Trash containers or trash compactors shall not be located within twenty feet (20')of any street,sidewalk or internal pedestrianway and shall be screened by a six foot(6') masonry wall on three(3) sides of the trash unit. 8. Coverage:Unless otherwise approved by the city,the square footage of all building footprints and parking areas shall not exceed sixty five percent(65%)of the total square footage of any building site within the affected property. Mini-storage uses shall not exceed seventy-five percent(75%)of the total square footage of any building site within the affected property. (B)Utilities: All buildings and structures shall be served by underground utility distribution facilities. The installation of such utilities shall not change the grade or contour of the city approved grading plan for the site. (C)Building Setbacks:No building or other structure shall be erected within 20 feet of the front property line; or 10 feet of the side and rear property lines.If two(2)or more lots are developed as one site,the interior common lot line shall be ignored. (D)Parking Areas: 1. Surfacing:Prior to issuance of a certificate of occupancy, all parking areas,driveways and loading areas shall be surfaced with asphalt or concrete pavement following the city's engineering standard plates. In the event said surfacing cannot be completed due to weather or seasonal restrictions, a temporary certificate of occupancy may be issued contingent upon the extension of the security or letter of credit required under this chapter.All parking lots located in the front of buildings or adjacent to street rights of way shall be curbed. 2. Off Street Parking Spaces Required: Off street parking shall be provided to serve each site. The minimum number of parking spaces shall be the greater of: (a)One space for every six hundred(600) square feet of industrial space; and One space for every two hundred(200)square feet of office space; and One space for each two thousand(2,000)square feet of storage area or (b)One space per projected employee per shift. 3. Screening:All parking areas shall be screened as required in subsection(F)of this section. 4. Location: Parking shall not be permitted within ten feet(10')of the front property line(those facing any dedicated street), or within ten feet(10')of any side or rear property line unless otherwise approved by the city. (E)Landscaping:All open spaces shall be dustproofed, surfaced,landscaped,rockscaped or devoted to lawns.Not less than two-thirds(2/3)of the required building setback area from any dedicated street shall be landscaped with lawns, trees,shrubs and walkways of a design approved by the city planning division. Landscaping shall be installed within ninety(90)days of occupancy or substantial completion of building,whichever occurs first,weather permitting. The following landscape standards shall apply to all proposed projects within the overlay zones: 1. Street Trees: Street trees shall be planted at one canopy tree per forty feet(40')of street frontage. 2.Perimeter Parking Lots: One tree and three(3) shrubs per forty feet(40')of parking lot perimeter frontage. Plants are to be installed within ten feet(10')of the parking lot frontage area. 3. Interior Parking Lots: One planting island per twenty(20)parking spaces.One tree and three (3)shrubs are required within each planting island.The planting island shall be curbed with concrete. 4. Buffer Area:When the industrial district is adjacent to a residential district, a twenty five foot(25')buffer is required and shall include a six foot(6')high wooden fence and landscaping to screen the adjacent property. (F)Screening: 1. Storage Areas: Without prior approval of the city, no outside storage areas shall be allowed nor shall any articles, goods,materials, incinerators, storage tanks,refuse containers or like equipment be kept in the open or exposed to public view or view from adjacent buildings.If outside storage is given city approval, all materials and/or containers and equipment shall be screened 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. 2. Structure:No accessory structures(including,but not limited to,water towers,storage tanks, processing equipment,cooling towers)or outside equipment shall be constructed,erected or placed on the affected property without prior approval of the city. If such approval is granted, such structures shall be screened from public view and the view of adjacent buildings in a manner approved by the city planning division. (G)Signs:All signs shall be of a design and material approved by the city planning division.Unless otherwise approved,wall signs must be attached to the building,and be parallel to and contiguous with its walls and not projecting above its roofline.No sign of a flashing or moving character shall be installed and no sign shall be painted on any building wall.Pole signs will not be allowed.Advertising billboards are not allowed within the overlay zone. (General guidelines for signage available through the city planner.) (H)Maintenance: 1. Owners and occupants of any or all of a site have the duty and responsibility, at their sole cost and expense,to keep the site,including buildings,improvements and grounds,well maintained, safe,clean and aesthetically pleasing. Such maintenance includes,but is not limited to,the following: (a)Prompt removal of all litter,trash,refuse and wastes. (b)Provide such care as required to maintain all vegetation in a healthy and aesthetically pleasing appearance. (c)Maintain exterior lighting and mechanical facilities in good working order. (d)Maintain parking areas,driveways and roads in good repair. (e)Prompt repair of any exterior damage to any buildings and improvements. RESOLUTION NO.R60-07 AMENDING THE FARMINGTON BUSINESS PARK PUD AGREEMENT AS IT PERTAINS TO THE DESIGN STANDARDS FOR SCREENING Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota,was held in the Council Chambers of said City on the 16111 day of July,2007 at 7:00 P.M. Members Present: Soderberg,Fogarty,McKnight,Pritzlaff,Wilson Members Absent: None Member Pritzlaff introduced and Member Wilson seconded the following: WHEREAS,The City entered into a Planned Unit Development[PUD]Agreement with the Developer of the Farmington Business Park on March 7, 2005 after review of the Agreement by the Planning Commission and City Council. WHEREAS;Within the PUD Agreement are specific design standards,including screening,that require a six (6') to eight foot (8') high opaque wooden fence and landscaping; landscaping and berms; or a combination of both for storage areas. WHEREAS, a public hearing of the Planning Commission was held on the 10111 day of July, 2007 after notice of the same was published in the official newspaper of the City and notice sent to surrounding property owners. NOW, THEREFORE, BE IT RESOLVED that the City Council of Farmington hereby amends the Farmington Business Park PUD Design Standards,Letter F(1)as follows,all additions are underlined: (F)Screening: 1. Storage Areas: Without prior approval of the city,no outside storage areas shall be allowed nor shall any articles, goods, materials, incinerators, storage tanks, refuse containers or like equipment be kept in the open or exposed to public view or view from adjacent buildings. If outside storage is given city approval, all materials and or containers and equipment shall be screened from view. Required screening shall include: a) a six(6') to eight foot(8') high opaque wooden or chain link fence and landscaping. If chain link fencing is desired, slats and or mesh that consist of the earth tone colors of tan,brown or green hues shall be installed on the fence to create 100%opacity. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16t11 day of July 2007. Ate, _ ��it ayor Attested to the day of July,2007. Arr City Adminis.s•r SEAL f / Sterling Codifiers,Inc. Page 1 of 3 This section has been affected by a recently passed ordinance, 18-737 - KENNELS. Go to new ordinance. 10-5-15: B-3 HEAVY BUSINESS DISTRICT: (A) Purpose: The B-3 heavy business district is a transitional district designed to provide space for certain existing commercial and industrial uses which are compatible together but are more intense and therefore incompatible with uses identified in the B-1, B-2 and B-4 districts. (B) Bulk And Density Standards: 1. Minimum Standards: Lot area 5,000 square feet Lot width 50 feet Front yard setback 0 feet Side yard setback 6 feet Rear yard setback 6 feet Minimum side and rear yard abutting any residential district: Off street parking and access drives 10 feet Public and semipublic buildings 35 feet Recreational, entertainment, commercial and industrial uses 50 feet Height (maximum) 45 feet Maximum lot coverage of all structures 35 percent All standards are minimum requirements unless noted. (C) Uses: 1. Permitted: http://www.sterlingcodifiers.com/codebook/printnow.php 4/6/2018 Sterling Codifiers,Inc. Page 2 of 3 Animal clinics. Auto repair, minor. Auto sales. Breweries. Commercial services. Convenience store without gas. Data centers. Distilleries. Light manufacturing facilities. Mechanical sales, service and repair. Microdistilleries. Offices. Public buildings. Restaurants, class I, traditional. Retail facilities, greater than three thousand (3,000) square feet. Sexually oriented businesses - accessory. 'i. Small breweries. Supply yards. Truck terminals. Wholesale businesses. 2. Conditional: Auto repair, major. Car washes. Cocktail rooms as accessory to a microdistillery. Convenience store with gas. http://www.sterlingcodifiers.comicodebook/printnow.php 4/6/2018 Sterling Codifiers,Inc. Page 3 of 3 Greenhouses and nurseries, commercial. Group daycare center, commercial. Home and trailer sales/display. Impound lot. Manufacturing facilities. Mini-storage units. Outdoor sales. Petroleum bulk storage. Public utility buildings. Recreational vehicle storage facilities. Solar energy systems. Taprooms as accessory to a brewery or small brewery. Warehousing facilities. 3. Accessory: Parking lots. (Ord. 017-725, 4-17-2017) http://www.sterlingcodifiers.com/codebook/printnow.php 4/6/2018 Sterling Codifiers,Inc. Page 1 of 9 10-6-23: SITE PLAN REVIEW: (A) Purpose: The purpose of this section is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this chapter. (B) Exceptions To Review: The following shall be excepted from the foregoing requirements: 1. Agricultural developments. 2. Single-family detached dwellings. 3. Two-family attached dwellings. (C) Sketch Plan: 1. Prior to the formulation of a site plan, applicants shall present a sketch plan to the zoning officer prior to filing of a formal application. The plan shall be conceptual but shall be drawn to scale with topography of a contour interval not greater than two feet (2') and may include the following: (a) The proposed site with reference to existing development on adjacent properties, at least to within two hundred feet (200'). (b) General location of proposed structures. (c) Tentative street arrangements, both public and private. (d)Amenities to be provided such as recreational areas, open space, walkways, etc. (e) General location of parking areas. (f) Proposed public sanitary sewer, water and storm drainage. (g) A statement showing the proposed density of the project with the method of calculating said density also shown. 2. The zoning officer shall have the authority to refer the sketch plan to the planning commission and/or city council for discussion, review, and informal comment. Any opinions or comments provided to the applicant by the zoning officer, planning commission, and/or city council shall be considered advisory only and shall not constitute a binding decision on the request. http://www.sterlingcodifiers.com/codebook/printnow.php 4/6/2018 Sterling Codifiers,Inc. Page 2 of 9 (D) Minor Projects: 1. Review Of Minor Projects: The following shall be considered minor projects and subject to review procedures as indicated: (a) No Site Plan Review Required: Building projects that comprise less than ten percent (10%) building footprint expansion (up to 500 square feet) and/or twenty five percent (25%) increase in the assessed value of the structure as determined by the Dakota County assessor. (b) Administrative Review: Building projects that comprise a ten (10) to thirty percent (30%) building footprint expansion and/or twenty five (25) to fifty percent (50%) increase in the assessed value of the structure as determined by the Dakota County assessor. 2. Procedure: Administrative approval of eligible site plans shall be subject to the following procedural requirements: (a) Plan review will be in accordance with established procedures including the coordinated review by other city departments and divisions as determined by the zoning officer. (b) Site plans involving properties within approved planned unit developments shall be subject to applicable evaluation criteria in this chapter. (c) Any major variance proposal will automatically require the entire application to be processed in accordance with the planning commission review and city council approval provisions of section 10-3-6 of this title. (d) Administrative approval including all applicable conditions and requirements shall be made in writing by the zoning officer. The applicant, in addition to all other applicable requirements, shall submit a written acknowledgment of that approval prior to the commencement of any development and prior to the issuance of any permits. (e) Any unresolved dispute as to administrative interpretation of city code, ordinance, or policy requirements may be formally appealed pursuant to this chapter. (f) Site plans involving conditionally permitted uses are subject to the review requirements found in section 10-3-5 of this title. 3. Certification Of Taxes Paid: Prior to approving an application for a minor project, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the minor project application relates. (E) Major Projects: A "major project" is defined as one or both of the following and subject to review as prescribed in this section: http://www.sterlingcodifiers.com/codeboolc/printnow.php 4/6/2018 Sterling Codifiers,Inc. Page 3 of 9 1. Construction of new structures that may or may not be in conjunction with site improvements on redevelopment site or vacant undeveloped lands, and/or 2. Building projects that comprise more than a thirty percent (30%) building footprint expansion and/or fifty percent (50%) increase in the assessed value of the structure as determined by the Dakota County assessor. (a) Procedures: Pursuant to MSA section 15.99, an application for site plan approval shall be approved or denied within sixty (60) days from the date of its official and complete submission unless extended pursuant to statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision making period an additional sixty (60) days unless this limitation is waived by the applicant. (b) Site Plan Review Requirements: (1) Certificate: Certificate of survey. (2) Filing; Application: Request for site plan approval, as provided within this chapter, shall be filed with the zoning officer on an official application form. Such application shall be accompanied by a fee as provided for in this code. Such application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the zoning officer, fully explaining the proposed change, development, or use and a list of property owners within three hundred fifty feet (350') of the subject property in a format prescribed by the zoning officer. The request shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements. (3) Proof Of Ownership Or Authorization: The applicant shall supply proof of ownership of the property for which the site plan approval is requested or supply written authorization from the owner(s) of the property in question to proceed with the requested site plan approval. (4) Recommendation On Action: The zoning officer shall coordinate the review of the site plan, and provide general assistance in preparing a recommendation on the action to the planning commission. (5) Additional Information Upon Request: The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony at the expense of the applicant concerning operational factors. Said information is to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request. (6) Planning Commission Appearance: The applicant or a representative thereof may appear before the planning commission in order to present information and answer questions concerning the proposed request. http://www.sterlingcodifiers.coni/codebook/printnow.php 4/6/2018 Sterling Codifiers,Inc. Page 4 of 9 (7) Recommendation Of Actions Or Conditions: The planning commission shall recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. (8)Approval By Majority Vote: Approval of the site plan shall require passage by a majority vote of the planning commission. (c) Certification Of Taxes Paid: Prior to approving an application for a major project, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the major project application relates. (F) Evaluation Criteria: The planning commission shall evaluate the effects of the proposed site plans. This review shall be based upon compliance with the city comprehensive plan, the zoning ordinance and other city codes and policies. (G) Information Requirement: The information required for all site plan applications generally consists of the following items, and shall be submitted when requested and specified by the zoning officer: 1. Site Plan: (a) Certificate of survey. (b) Name and address of developer/owner. (c) Name and address of architect/designer. (d) Date of plan preparation. (e) Dates and description of all revisions. (f) Name of project or development. (g) Scale of plan (engineering scale only, at 1 inch equals 50 feet or less). (h) North point indication. (i) Lot dimension and area. (j) Required and proposed setbacks. (k) Location, setback and dimension of all buildings on the lot including both existing and proposed structures. (1) Location of all adjacent buildings located within one hundred feet (100') of the exterior boundaries of the property in question. http://www.sterlingcodifiers.com/codebooldprintnow.php 4/6/2018 Sterling Codifiers,Inc. Page 5 of 9 (m) Location, number, dimensions, and type of surfacing material of existing and proposed parking spaces. (n) Location, number, dimensions, and type of surfacing material of existing and proposed loading spaces. (o) Curb cuts, driveways. (p) Type of surfacing material. (q) Vehicular circulation. (r) Sidewalks, walkways. (s) Location and type of all proposed lighting. (t) Location of recreational and service areas. (u) Location of rooftop equipment and proposed screening. (v) Provisions for storage and disposal of waste, garbage, and recyclables. (w) Location, sizing, and type of water and sewer system mains, fire hydrants closest to the property and proposed service connections. 2. Grading/Storm Water Drainage Plan: (a) Existing contours at two foot (2') intervals. (b) Proposed grade elevations, two foot (2') maximum intervals. (c) Drainage plan including configuration of drainage areas and calculations. (d) Storm sewer, catch basins, invert elevations, type of castings, and type of materials. (e) Spot elevations. (f) Proposed driveway grades. (g) Surface water ponding and treatment areas. (h) Erosion control measures. (i) Calculation of total square footage of site to be covered with impervious surfaces. 3. Landscape Plan: (a) Planting schedule (table) containing: (1) Symbols. http://www.sterlingcodifiers.com/codebook/printnow.php 4/6/2018 Sterling Codifiers,Inc. Page 6 of 9 (2) Quantities. (3) Common names. (4) Botanical names. (5) Sizes of plant material. (6) Root specification (bare root, balled and burlapped, potted, etc.). (7) Special planting instructions. (b) Location, type and size of all existing significant trees to be removed or preserved. (c) Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone). (d) Typical sections in details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like. (e) Typical sections of landscape islands and planter beds with identification of materials used. (f) Details of planting beds and foundation plantings. (g) Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques. (h) Delineation of both sodded and seeded areas with respective areas in square feet. (i) Coverage plan for underground irrigation system, if any. (j) Where landscape or manmade materials are used to provide screening from adjacent and neighboring properties, a cross through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation. (k) Other existing or proposed conditions which could be expected to affect landscaping. 4. Other Plans And Information (May Be Required By The Zoning Officer): (a) Legal description of property under consideration. (b) Proof of ownership of the land for which a site plan approval has been requested. (c) Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces). (d) "Typical"floor plan and "typical" room plan. (e) Fire protection plan. http://www.sterlingcodifiers.com/codebooldprintnow.php 4/6/2018 Sterling Codifiers,Inc. Page 7 of 9 (f) Extent of and any proposed modifications to land within the wetland, shoreland or floodplain district as described and regulated in this title. (g) Wetland delineation and report. (h) Type, location and size (area and height) of all signs to be erected upon the property in question. (i) Certification that all property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the application relates have been paid. (j) Solid waste removal plan. (H) Lapse Of Approval: 1. Unless otherwise specified by the zoning officer or planning commission as may be applicable, the site plan approval shall become null and void one year after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section. 2. An application to extend the approval of a site plan for up to an additional one year shall be submitted to the zoning officer not less than thirty (30) days before the expiration of said approval. Such an application shall state the facts of the request, showing a good faith attempt to utilize the site plan approval, and it shall state the additional time being requested to begin the proposed construction. The request shall be heard and decided by the zoning officer prior to the lapse of approval of the original request. After two (2) years have expired without substantially commencing construction, the site plan shall become null and void and no further extensions can be granted. The site plan review process must be reinitiated for projects that have exceeded two (2) years. 3. In making its determination on whether an applicant has made a good faith attempt to utilize the site plan approval, the zoning officer or the planning commission, as applicable, shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay. (I) Site Improvement Performance Agreement And Financial Guarantee: Following the approval of the site plan required by this chapter and before issuance of a building permit, the applicant, as required by the city, shall guarantee to the city the completion of all private exterior amenities as shown on the approved site plan and as required by the site plan approval. This guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as provided below: http://www.sterlingeodifiers.com/codebook/printnow.php 4/6/2018 Sterling Codifiers,Inc. Page 8 of 9 1. The applicant shall execute the site improvement performance agreement on forms provided by the city. The agreement shall be approved as to form and content by the city attorney and shall define the required work and project completion schedule and reflect the terms of this section as to the required guarantee for the performance of the work by the applicant. 2. The required work includes, but is not limited to, private exterior amenities such as landscaping, private driveways, parking areas, recreational fields structures or buildings, drainage systems, water quality ponds, wetland mitigation, wetland buffers, erosion control, curbing, fences and screening, and other similar facilities. The required work shall also include all aspects of a tree preservation plan and reforestation plan, if applicable. 3. A financial guarantee shall be submitted with the executed site performance agreement as provided herein: (a) Financial guarantees acceptable to the city include cash escrow; an irrevocable letter of credit; or other financial instruments which provide equivalent assurance to the city and which are approved by the zoning officer. (b) The term of the financial guarantee shall be for the life of the site improvement performance agreement, and it shall be the responsibility of the applicant to ensure that a submitted financial guarantee shall continue in full force and effect until the zoning officer shall have approved and accepted all of the work undertaken to be done and shall thereby have released the guarantee or reduced the amount of the guarantee as provided in this section. (c) When any instrument submitted as a financial guarantee contains provision for an automatic expiration date, after which the instrument may not be drawn upon, the expiration date shall be November 15. Further, it shall be the responsibility of the applicant to notify the city in writing, by certified mail, at least sixty (60) days in advance of the expiration date of the intention to renew the instrument or to not renew the instrument. If the instrument is to be renewed, a written notice of extension shall be provided thirty (30) days prior to the expiration date; if the instrument is not to be renewed, and has not been released by the zoning officer, another acceptable financial guarantee in the appropriate amount shall be submitted at least thirty (30) days prior to the expiration. The term of any extension shall be approved by the zoning officer. Upon receipt of an acceptable substitute financial guarantee, the zoning officer may release the original guarantee. (d) The amount of the financial guarantee shall be established by the zoning officer based upon an itemized estimate of the cost of all required work. A cash deposit or irrevocable letter of credit shall be in the amount of one hundred twenty five percent (125%) of the approved estimated cost. The amount of any other approved financial instrument shall be determined by the zoning officer. (e) The applicant may submit a separate financial guarantee for that portion of the required work consisting solely of landscaping improvements with another financial guarantee for all other exterior amenities and improvements which comprise the work. http://www.sterlingcodifiers.com/codebook/printnow.php 4/6/2018 Sterling Codifiers,Inc. Page 9 of 9 (f) The time allowed for completion of the required improvements shall be set out in the site improvement performance agreement. The agreement and the financial guarantee shall provide for forfeiture to the city to cure a default or reimburse the city the cost of enforcement measures. As various portions of such required work are completed by the applicant and approved by the city, the zoning officer may release such portion of the financial guarantee as is attributable to such completed work. Landscaping materials shall have a two (2) year guarantee provided to the city. (g) The applicant shall notify the city in writing when all or a portion of the required improvements have been completed in accordance with the approved plan and may be inspected. Upon receipt of such notice, the zoning officer shall be responsible for the inspection of the improvements to determine that the useful life of all work performed meets the average standards for the particular industry, profession, or material used in the performance of the work. Any required work failing to meet such standards shall not be deemed to be complete and the applicant shall be notified in writing as to required corrections. Upon determination that the work has been completed, including the winter season survivability of all landscape improvements, a notice of the date of actual completion shall be given to the applicant and appropriate action, to release or to reduce the amount of the financial guarantee shall be taken by the zoning officer. (J) Minnesota State Building Code: The review and approval of site improvements pursuant to the requirements of city adopted building and fire codes shall be in addition to the site plan review process established under this section. The site plan approval process does not imply compliance with the requirements of these building and fire codes. (K) Plan Agreements: All site and construction plans officially submitted to the city shall be treated as a formal agreement between the building contractor and the city. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without prior submission of a plan modification request to the zoning officer for review and approval. Significant changes as deemed by the zoning officer may be subject to planning commission review and approval. (L) Enforcement: The zoning officer shall have the authority to order the stopping of any and all site improvement activities, when and where a violation of the provisions of this section has been officially documented by the building official. (Ord. 002-469, 2-19-2002; amd. Ord. 002-477, 7-15-2002) http://www.sterlingcodifiers.com/codebooklprintnow.php 4/6/2018