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HomeMy WebLinkAbout3/10/09 City of Farmington 430 Third Street _armington, MN 55024 AGENDA PLANNING COMMISSION March 10, 2009 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) February 10, 2009 3. PUBLIC HEARINGS A Proud Past. A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers a) Conditional Use Permit allowing a Farmers Market (outdoor sales) in the B.3 Zoning District. Location: 109 Spruce Street Applicant: City of Farmington 430 Third Street Farmington, MN 55024 b) Ordinance amending Title 10, Chapter 5, Section 25 of the City Code regarding Floodplain Overlay District. Applicant: City of Farmington 430 Third Street Farmington, MN 55024 - c) Ordinance amending Title 10, Chapter 6, Section 17 of the City Code regarding Wetland Standards. Applicant: City of Farmington 430 Third Street Farmington, MN 55024 d) Ordinance amending Title 10, Chapter 6, Section 18 of the City Code regarding Shoreland Management Regulations. Applicant: City of Farmington 430 Third Street Farmington, MN 55024 e) Ordinance amending Title 10, Chapter 6, Section 27 of the City Code regarding Erosion Control Required. Applicant: City of Farmington 430 Third Street Farmington, MN 55024 f) Ordinance amending Title 11, Chapter 4, Section 7 of the City Code regarding Storm Drainage. Applicant: City of Farmington 430 Third Street Farmington, MN 55024 4. DISCUSSION -5. None ADJOURN . . . City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn..us TO: FROM: SUBJECT: DATE: INTRODUCTION Planning Commission Tony Wippler, Assistant City Planner ct Conditional Use Permit to allow a Farmers Market (outdoor sales) - 109 Spruce Street March 10, 2009 The City of Farmington is requesting approval of a Conditional Use Permit [CUP] for purposes of hosting a Farmers Market on the property located at 109 Spruce Street and previously referred to as the Lamperts Lumber Yard. The CUP is to allow outdoor sales to occur on this property. Planning Division Review Applicant: Owner of Property: Attachments: Location of Property: Surrounding Land Uses: Existing Zoning: Comprehensive Plan: Current Land Use: City of Farmington 430 Third Street Farmington, MN 55024 Sackett Properties, LLC % Steven & Molly Aaron 912 Westlyn Court Farmington, MN 55024 1. Exhibit A - CUP Application and Map 2. Exhibit B - Applicant's Summary 3. Exhibit C - Photos of Property 4. Exhibit D - General Site Plan 5. Exhibit E - Aerial photograph of property 109 Spruce Street Entire block is zoned B-3, however, single-family uses are adjacent to the west, multi-family is adjacent to the north, and the Gilbertson Feed and Grain Elevator is adjacent to the east and south. B-3 (Heavy Business); Outdoor Sales is a conditional use in this district. Commercial Chiropractic Office (main office building), and vacant lumber yard. . . . DISCUSSION The Economic Development Authority (EDA) for the City of Farmington has directed the Economic Development staff to research the feasibility of holding an annual Farmers Market and then to begin the process of implementing the market, if a suitable location was found (preferably within or near the downtown). The ED staff has reached an agreement with the owners of 109 Spruce Street (old Lamperts Lumber Yard) to utilize the vacant lumber yard for the Farmers Market. A Farmers Market falls under the zoning definition of Outdoor Sales, which is a conditional use in the zoning district that encompasses this property (B-3). This definition is as follows: OUTDOOR SALES: The intermittent buying and selling plus leasing and trading of goods, merchandise or materials where such goods are not enclosed within a building. As indicated in the applicants' memorandum, attached as Exhibit B, the market would be held on Thursday afternoons from 3:00 pm -7:00 pm for a period of twelve weeks (July 9,2009 to September 24, 2009). These dates may vary from year to year. The market will consist of vendors selling produce, plants, and home produced food items. It is anticipated that the market will be an annual event. The CUP, if approved, will run with the land. Therefore, the applicant will not have to apply for a CUP each year that a Farmers Market is hosted at this site. If, in the future, the market were to move to another location a new Conditional Use Permit would be required to be approved by the Planning Commission. Parking The subject property is located outside of the B-2 (Downtown Business) Zoning District and therefore is subject to the City's off-street parking requirements. Section 10-6-4 of the City Code outlines the off- street parking requirements based on property use. These requirements are enforced when a new use is established or an existing use is enlarged on a property. Outdoor Sales is not specifically identified in the parking standards. However, it is anticipated that some parking will be available on site for vendors and patrons. The number of on site parking spaces have yet to be identified however, staff feels there is adequate room on site to safely accommodate vendor space as well as parking. Additionally, the subject property is in close proximity to a number of parking facilities (2nd Street parking lot, City Hall parking lot, and Library parking lot) that may be available for patrons to use. A generic site plan is attached as Exhibit D which shows a general layout of the vendor spaces as well as on-site parking. It should be noted that the layout of the market will likely change depending on the number of vendors that reserve a booth. Signage It is anticipated that the signage for the Farmers Market will consist ofthe following: · 20 special event signs · 2 banners The special event signs cannot exceed four (4) square feet in area and must be placed on private property. If these signs are to be placed on a comer lot they must be located outside of the triangle of visibility. . . . A sign permit indicating the official number of signs and locations will be required prior to the installation of any signage. Conditional Use Permit The City Code provides criteria that must be satisfied for the Planning Commission to grant a Conditional Use Permit. Those criteria are: I. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this title. 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious or noxious to any other property or person and shall comply with the performance standards listed below. 3. The proposed use shall be constructed, designed, sited, oriented and landscaped to produce harmonious relationship of buildings and ground to adjacent buildings and properties. 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. S. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. 6. The proposed use shall preserve the objectives of this title and shall be consistent with the comprehensive plan. City staff has reviewed the Conditional Use Permit application and has determined that the request meets all applicable City requirements for the CUP. ACTION REOUESTED Approve the Conditional Use Permit with the following contingencies: 1. The applicant must secure a sign permit prior to the installation of any signage. Respectfully submitted, -t;kJ;!l Tony Wippler, Assistant City Planner Cc: Lisa Dargis, Administrative Assistant, City of Farmington Dr. Molly Aaron F)(.A . City of Farmington 430 Third Street Farmington, Minnesota 651.280,,6800. Fax 651280,6899 www.ciJannington.mn.us ~ [E@[E[1. \!J ~ ~~' r:-cgr 1'" ')'1~q i l..-. ; {Ut. v By . Owner: '''-mo--t~a.ClJ)(l'l\J Address: Jf) q ~~e .9+. Street o CONDITIONAL USE PERMIT APPLICATION U.s.... ,b t4' f:/''' Tdophon" @ z9/J/i/lZ3 Fax' Wi) "UD- '" '6 ?><7 if.?iJ niyJ~. ~t1AMI(\J~ fY\f\.J 55DZtj Street City , State Zip Code Telephone: ~ 4irJO-3Sft;4- Fax: (/Qg & fJtl- ~JL/-l3 Ea.r I a:tTM SS 6 C)Lj City m~ 'Q- Zip Code . &-, Applicant: Address: . Specific Nature of Request: h-c~1l " 0- f SUBMITTAL REOUIREMENTS D Proof of Ownership D Application Fee D Boundary I Lot Survey -"f'f\~[lJlOYV Signat~re of ner . V~.+ skya.y &- 9 2c" ~.'j0-. 5pk'1"^-kh" Z ~ 2aJ 9. Current Zoning District . . . EX,g City of Farmington 430 Third Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Planning Commissioners FROM: Lisa Dargis, Administrative Assistant SUBJECf: Outdoor Sales Conditional Use Permit DATE: February 10, 2009 INTRODUCfION The City of Farmington will be hosting an outdoor farmers' market in the downtown area. DISCUSSION At the direction of the EDA, staff has been working to coordinate a local outdoor farmers' market to be held at 109 Spruce Street, (the former Lampert's Lumber site). The site is now owned by Sackett Properties and is the home of Aaron Chiropractic. The outdoor storage areas on the parcel are currently not being used and would be the location of the market activities. This event will be held Thursday afternoons from 3:00-7:00 for a period of twelve weeks from July 9, 2009 until September 24, 2009. Vendors will be invited to sell produce, plants and home produced food items at the market. As an additional reason for residents to travel to the downtown, the farmers' market will serve as a means to support our downtown business district and increase traffic to the area. ACfION REQUESTED Approve the conditional use permit allowing outdoor sales for the farmers' market event to be hosted on the former Lampert's Lumber (Aaron Chiropractic) site. ~~bmitted' ~--; I lSi--' / ..,{ .....~. ~..-.-.-.- ... (Ii f/ --'''''''',''''',--'',,.,'''''''.'' -'" .~, f.'.--- .,. 1\..------ , ..' ' I'" -- c::..'. Lisa Dargis, Adniliiislrativ~ Assistant "'....,.....// L// . . . 1:.4 ~ :lli. rJ"., iii' ~ EX.C, 1 . . . Ex. (, z 2 . . . 'f' i;C' ~~ i:I:l; EX.(J 3 . I J I J I I I I I __.J . br. J4 ~kN~ OrfJC;~ I I 1 1 I I I 1 J J I V/3"NDDf{ n . 1 r'A 1<.K 1N6 J I I I J I _-1 1-__...._.-.-----~- . 5t'RfAce 5f((E~1 EX- r> . . . tX.~ Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed" This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification" MaR Scale 1 inch = 109 feet . . . City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us TO: Planning Commission Lee Smick, AICP i ~ City Planner FROM: SUBJECT: Amend Zoning and Subdivision Ordinances DATE: March 10, 2009 INTRODUCTIONIDISCUSSION The attached zoning and subdivision ordinances were approved by the City Council on December 1,2009. Upon approval, the Vermillion River Watershed Joint Powers Organization (VRWJPO) requested the opportunity to review and comment on the final rendition of the ordinances. In their review, the VRWJPO stated that the ordinances "have all of the essential elements of the Vermillion River Watershed Standards", but they offered some recommendations for corrections (Exhibit A). The corrections included the following: 1. the "LGU" be changed to "City", 2. the "Cities and Townships" be changed to "City", 3. Section 4 in the Minimum Buffer Areas be revised and renumbered, and 4. the issue date for the NPDES General Construction Permit be revised from "2003" to "2008". ACTION REOUESTED Recommend approval of the attached ordinance revisions for Title 10 and Title 11 of the Farmington City Code and forward the recommendation to the City Council. Respectfully Submitted, tttt~~ Lee Smick, AICP City Planner eXA . Vermillion River Watershed Joint Powers Organization 14955 Galaxie Avenue ~ Apple Valley, MN 55124 952.891.7030 ~ Fax 952.891.7031 www.co.dakota.mn.us/Cou ntyGove rn ment/ Pu bl icEntities JVerm i II io nJ PO January 26, 2009 Ms. Jen Dullum City of Farmington 430 Third Street Farmington, MN 55024 RE: Review of Local Ordinance for Conformance with VRWJPO Standards . The VRWJPO appreciates the opportunity to review and comment on the City of Farmington Ordinances 008-593 and 008-594. The Vermillion River Watershed Joint Powers Organization (VRWJPO) Engineer has reviewed the ordinances and has indicated to staff that the ordinances have all of the essential elements of the Vermillion River Watershed Standards incorporated within them. The VRWJPO does not have any comments concerning the contents of the ordinances, but have the following recommendations for corrections: . All parts that have the word "LGU" be changed to "city." (I find six places in Ord. 008-593 and three places in Ord. 008-594) In Ord. 008-594, Section 1 (D) 2 (b), "Cities and Townships" should be changed to "city" or deleted. . In Ord. 008-593, Section 4, (E), 3. i) Minimum Buffer Areas, Conservation Corridor in Farmington applies only to the Upper Reach of the Vermillion River. The paragraphs under the Sub-title "Conservation Corridor" should be revised and renumbered to be: (1) Conservation Corridor: Upper Reach of the Vermillion River (.............)- Required buffer width 150-foot .......... (2) Aquatic Corridor - Principal Connector: Required..................... (3) Aquatic Corridor - Principal Connector with Trout Stream Designation: 100 foot,............... (4) Aquatic Corridor - Tributary Connector: 50-foot.......... (5) Water Quality Corridor: 30-foot.................. . . Last year, MPCA issued a revised NPDES General Construction Permit effective until August 1, 2013. The issue date should be August 1, 2008 in Ord. 008-593, Section 4, (E), 3. i) and Section 5, 10-6-27 (A) as well as in Ord. 008-594, Section 1, (B) 1. . . . _ Thank you again for the opportunity to review and comment. The VRWJPO appreciates the effort the City has put forth on protecting its natural resources and looks forward to more opportuniti~s to work together with the City. If you have any questions, please contact me at your convenience at (952) 891-7546 or travis.thiel@co.dakota.mn.us. Sincerely, ~.~~~ Travis Thiel VRWJPO Watershed Specialist Cc: Tae Kim, P.E., Dakota County Senior Water Resource Engineer Mark Zabel, VRWJPO Administrator . CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE, THE ZONING ORDINANCE, CONCERNING FLOODPLAIN OVERLAY DISTRICT THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-5-25 (F) of the Farmington City Code is amended by adding the underlined language and deleting the strikethrough language as follows: 10-5-25 (F)(2): Permitted Uses, Standards, And Floodplain Evaluation Criteria 2. Standards For Floodplain Permitted Uses: . (c) Projects that alter floodplain boundaries, such as bridge crossings and regional ponds that increase upstream high water levels are allowed provided that: (1) The applicant submits easements or other documentation in a form acceptable to the :bGY City or the VRWJPO demonstrating and recording the consent of the owner of any land affected by the increased high water levels, SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2009, by the City Council of the City of CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: .: By: Peter Herlofsky, Jr., City Administrator . SEAL By: Joel Jamnik, City Attorney Published in the Farmington Independent the _ day of . . ,2009. . CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE, THE ZONING ORDINANCE, CONCERNING WETLAND STANDARDS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-6-17 (D) of the Farmington City Code is amended by adding the underlined language and deleting the strikethrough language as follows: 10-6-17 (D) No Net Loss And Wetland Alteration: 5. When a wetland alteration permit is issued allowing dredging, excavating or grading in a wetland the following standards shall be followed in order to preserve WCA exemption or no loss determination in Types 1,2,6, and 7 wetlands: . (a) The dredging will not have a net adverse effect on the ecological and hydrological characteristics of the wetland. (b) It shall be located as to minimize the impact on vegetation and loss of wetland function (as determined by the VRWJPO or bGY City). Exceptions may be allowed in basins dominated by invasive exotic species such as reed canary grass (Phalaris arundinacea). SECTION 2. Section 10-6-17 (E) of the Farmington City Code is amended by adding the underlined language and deleting the strikethrough language as follows: 10-6-17 (E) Wetland Buffer Areas: 1. For lots of record created after June 7, 1999 (date of original wetlands ordinance adoption), a buffer area shall be maintained abutting all wetlands. The following requirements shall be met concerning the wetland buffers: (a) Where a buffer is required, the bGY City shall require the protection of the buffer under a conservation easement, or include the buffer in a dedicated outlot as part of platting and subdivision approval, except where the buffer is located in a public transportation right-of-way. . . . . SECTION 3. Section 10-6-17 (E) of the Farmington City Code is amended by adding the underlined language and deleting the strikethrough language as follows: 10-6-17 (E)Wetland Buffer Areas: 4. (a) Buffers shall be planted with a native seed mix approved by MnDOT, BWSR, NRCS or the Dakota SWCD, with the exception of a one-time planting with an annual nurse or cover crop. Plantings of native forbs and grasses may be substituted for seeding. All substitutions must be approved by the WY City. Groupings/clusters of native trees and shrubs, of species and at densities appropriate to site conditions, shall also be planted throughout the buffer area. (b) The seed mix and planting shall be broadcast/installed according to MnDOT, BWSR, NRCS or Dakota SWCD specifications. The selected seed mixes and plantings for permanent cover shall be appropriate for the soil site conditions and free of invasive species. (c) Buffer vegetation (both natural and created) shall be protected by erosion and sediment control measures during construction. (d) During the first five full growing seasons, except where the WY City has determined vegetation establishment is acceptable, the owner or applicant must replant buffer vegetation where the vegetative cover is less than 90%. The owner or applicant must assure reseeding/or replanting if the buffer changes at any time through human intervention or activities. SECTION 4. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2009, by the City Council of the City of CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: By: Peter Herlofsky, Jr., City Administrator SEAL . By: Joel Jamnik, City Attorney Published in the Farmington Independent the _ day of ,2009. . . . . . CITY OF FARMINGTON DAKOTACOUNTY,M~ESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE CONCERNING SHORELAND MANANGEMENT REGULATIONS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-6-18 (E) of the Farmington City Code is amended by adding the underlined language and deleting the striketlrrough language as follows: 10-6-18 (E)(3) Zoning And Water Supply/Sanitary Provisions: 3. Shoreland Buffer Areas: (d) Requirements For Replanting: Where buffer vegetation and conditions are unacceptable, or have been cultivated or otherwise disturbed within ten (10) years of the permit application, or where approval has been obtained to replant, buffers shall replanted and maintained according to the following Standards: (1) Buffers shall be planted with a native seed mix approved by MnDOT, BWSR, NRCS or the Dakota SWCD, with the exception of a one-time planting with an annual nurse or cover crop. Plantings of native forbs and grasses may be substituted for seeding. All substitutions must be approved by the WY City. Groupings/clusters of native trees and shrubs, of species and at densities appropriate to site conditions, shall also be planted throughout the buffer area. (4) During the first five full growing seasons, except where the WY City has determined vegetation establishment is acceptable, the owner or applicant must replant buffer vegetation where the vegetative cover is less than 90%. The owner or applicant must assure reseeding/or replanting if the buffer changes at any time through human)ntervention or activities. SECTION 2. Section 10-6-18 (I) of the Farmington City Code is amended by adding the underlined language and deleting the strikethrough language as follows: 10-6-18 (I) Minimum Buffer Areas: Conservation Corridor . (1) Conservation Corridor- Lower Reach (Vermillion River downstream of Biscayne Avenue): I 50-foot average, 100-foot minimum measured from the edge of the meander belt of the river. (2) Conservation Corridor - Upper Reach (Vermillion River upstream of Biscayne Avenue and South Branch Vermillion River): 150-foot average, 100-foot minimum measured from the edge of the meander belt of the river. (3) Aquatic Corridor Principal Connector: (3) Aquatic Corridor - Principal Connector: Required buffer width 100-foot average, 65-foot minimum measured from the edge of the meander belt of the river. (4) Aquatic Corridor Principal Connector (4) Aquatic Corridor - Principal Connector: with Trout Stream Designation: 100 foot, no averaging, as required by the General Permit Authorization to Discharge Storm Water Associated With Construction Activity Under the National Pollutant Discharge Elimination System/State Disposal System Permit Program Permit MN Rl 0000 I (NPDES General Construction Permit) issued by the Minnesota Pollutant Control Agency, August 1, ~ 2008. . (5) }..quatic Corridor: Tributary Connector: (5) Aquatic Corridor -Tributary Connector: 50-foot average, 35-foot minimum: plus 2 feet for every 1 percent of slope measured from the edge of the meander belt of the tributary. (6) Water Quality Corridor: (6) Water Quality Corridor: 30-foot average, 20-foot minimum where there is a flow path for concentrated surface runoff measured from the center line of the flow path. SECTION 3. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2009, by the City Council of the City of . . CITY OF FARMINGTON ATTEST: SEAL . By: By: By: Todd Larson, Mayor Peter Herlofsky, Jr., City Administrator Joel Jamnik, City Attorney ,2009. Published in the Farmington Independent the _ day of . . CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE, THE ZONING ORDINANCE, CONCERNING EROSION CONTROL REQUIRED THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Section 10-6-27 (A) of the Farmington City Code is amended by adding the underlined language as follows: 10-6-27: EROSION CONTROL REQUIRED: . (A) A property owner or contractor who removes substantial vegetative growth for any reason including landscaping, excavates for a building foundation or other purpose, or adds soil or other fill on property within the city shall adhere to erosion control measure standards and specifications contained in the Minnesota pollution control agency publication "Protecting Water Quality In Urban Areas", as may be amended, the city of Farmington comprehensive plan and official controls, the General Permit Authorization to Discharge Storm Water Associated With Construction Activity Under the National Pollutant Discharge Elimination System/State Disposal System Permit Program Permit MN Rl 0000 1 (NPDES General Construction Permit) issued by the Minnesota Pollutant Control Agency, August 1, ~ 2008, as amended for projects disturbing more than 1 acre, and any applicable water management plan of the city or other governmental units. Except as other measures are required by the above documents and plans, property owners and contractors shall take the necessary precautions, outlined below, to prevent soil erosion, damage to adjacent property and control of surface water runoff. The city may impose additional erosion control requirements if, in the opinion of the director of public works or designee, said measures are necessary to protect adjacent properties and manage surface water runoff. SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2009, by the City Council of the City of . . CITY OF FARMINGTON By: Todd Larson, Mayor ATTEST: By: Peter Herlofsky, Jr., City Administrator SEAL By: Joel Jamnik, City Attorney . Published in the Farmington Independent the _ day of ,2009. . . CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 11 OF THE FARMINGTON CITY CODE, THE SUBDIVISION ORDINANCE, CONCERNING STORM DRAINAGE THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: . SECTION 1. Section 11-4-7 of the Farmington City code is amended by adding the underlined language and deleting the strikethrough language as follows: (A) All subdivision design shall incorporate adequate provisions for storm water runoff consistent with the Farmington storm water management plan, as amended, and be subject to revievI and approval of the city engineer and the City of Farmington Standard Detail Plates and Engineering Guidelines. At the time each plat or replat is approved, a connection charge shall be made for past, present or future storm sewer costs, payable in cash, and shall be deposited in the "city surface water management fund". The monies so collected will be used in accordance with the Farmington comprehensive drainage plan. Connection charges shall be determined as set forth in table 3, land use assessment rate, of the Farmington comprehensive drainage plan the City Fee Schedule. The cash payment may be deferred, at an interest rate determined by resolution of the City Council, to the time the first stage of development takes place, so long as the terms of deferment are set forth in a developer's agreement executed by the city and the owner of the plat. SECTION 2. Section 11-4-7 (B) of the Farmington City code is amended by adding the underlined language and deleting the strikethrough language as follows: 11-4-7 (B)(I): Post Construction Water Quality Criteria: I. Post construction stormwater runoff quality measures shall meet the standard for the General Permit Authorization to Discharge Storm Water Associated With Construction Activity Under the National Pollutant Discharge Elimination System/State Disposal System Permit Program Permit MN RI0000l (NPDES General Construction Permit) issued by the Minnesota Pollution Control Agency, August 1 ~ 2008, as amended; except where more specific requirements are provided in paragraphs 2, 3, 4, and 5 below. SECTION 3. Section 11-4-7 (C) of the Farmington City code is amended by adding the . underlined language and deleting the strikethrough language as follows: . 11-4-7 (C)(I): Runoff Temperature Control Criteria: 1. Post construction runoff criteria for controlling temperature increases relies on the establishment of buffers as specified in the Buffer Standard; the prioritization of temperature sensitive BMPs such as infiltration and filtration, and the designation of temperature sensitive wet pond design approaches in the Post Construction Water Criteria above; and the control of runoff volume increases and the use of credits with the Runoff Volume Control Criteria below. No additional specific temperature criteria are incorporated since these other areas of the Standards emphasize approaches sensitive to runoff temperature. However, since these other areas of the Standards allow flexibility, and in some cases waivers: permit applications involving the creation of one or more acres of new impervious surface in the trout stream portions of the Vermillion River and its tributaries where such areas do not first drain to a waterbody with 10 or more acres of open water; a. must include a narrative description of the temperature sensitive practices incorporated; and,b. The WY City or the VR WJPO may limit or deny waivers, or may require additional runoff temperature BMPs, if the WY City or the VRWJPO finds that the site design does not minimize the potential for runoff temperature increases. . SECTION 4. Section 11-4-7 (D)(2) of the Farmington City code is amended by adding the underlined language and deleting the strikethrough language as follows: 11-4-7 (D) Peak Runoff Rate Control Criteria 2. Runoff rates for proposed activities, and development shall: (a) Not exceed existing runoffrates for the I-year, and lO-year critical duration storm events. (b) Be implemented by Cities and Townships the City such that peak runoff rate controls keep future peak flood flows for the Vermillion_River 100-year, 4- day event from increasing above existing conditions peak flows. (While the VR WJPO works to develop numerical Standards at a subwatershed scale, the Standard will be implemented as follows: Runoff rates for proposed activities, and development shall not exceed the existing rate for the 100-year critical duration storm event.) SECTION 5. Section 11-4-7 (E) ofthe Farmington City code is amended by adding the underlined language and deleting the strikethrough language as follows: 11-4-7 (E): Runoff Volume Control Criteria: . 1. Development that creates one acre or more of new impervious surface must incorporate volume control practices into the design sufficient to hold the runoff volume for the 2-year 24-hour storm at pre-development conditions. Determination of the necessary control volume to achieve this Standard can be completed by the WY City on a regional basis and included in an approved Local Water Plan, or calculated on a site-by-site basis for each individual proposal. . 2. Credits for site design are the preferred methods for meeting the Volume Control requirements and shall be considered prior to the design of infiltration or filtration facilities. 3. The water quality control volumes necessary to meet the NPDES General Construction Permit that are satisfied using infiltration or filtration technologies (filtration only on Type C and D soils) can count toward the Volume Control requirements of these Standards. 4. When using infiltration for volume control, infiltration volumes and facility sizes shall be calculated: (a) Using the appropriate hydrological soil group classification and saturated infiltration rate shown below: Hydrologic Soil Type A: 0.30 incheslhour Hydrologic Soil Type B: 0.15 inches/hour Hydrologic Soil Type C: 0.07 inches/hour or, . (b) Using documented site specific infiltration or hydraulic conductivity measurements completed by a licensed soil scientist or engineer, or (c) Using the method provided in the Minnesota Stormwater Manual Volume 2 (MPCA 2005) pages 18 through 21 of Chapter 12-INF, and b. The design shall consider the infiltration rates of the least permeable horizon within the first five feet below the bottom of the infiltration practice, and c. The system shall be capable of infiltrating the required volume in 72 hours. 5. Constructed infiltration facilities, such as infiltration basins and trenches: . (a) Can only be used if there is pretreatment of stormwater runoff designed to protect the infiltration system from clogging with sediment and to protect groundwater quality; (b) Cannot be used within 400 feet of a municipal or other community supply well or within 100 feet of a private well unless specifically allowed by an approved wellhead protection plan; ( c) Cannot be used for runoff from fueling and vehicle maintenance areas and industrial areas with exposed significant materials; (d) Cannot be used on areas with less than 3 feet vertical separation from the bottom of the infiltration system and the seasonal high water table; (e) Cannot be used in Type D soils. 6. Infiltration areas must be fenced or otherwise protected from disturbance before the land disturbing activity starts. . 7. Volume control amounts may be waived by the bGY City or the VRWJPO for sites with predominately Type C and D soils, or where a shallow water table prevents construction of infiltration systems, provided the following are met in order of decreasing preference: (a) Credits and site design practices to minimize the creation of connected impervious surfaces are used to the extent practical. (b) Underdrains are used to promote filtration instead of infiltration. 8. Vegetation used in conjunction with infiltration systems must be tolerant of urban pollutants, and the range of soil moisture conditions anticipated. SECTION 6. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this _day of Farmington. , 2009, by the City Council of the City of CITY OF FARMINGTON . By: Todd Larson, Mayor ATTEST: By: Peter Herlofsky, Jr., City Administrator SEAL By: Joel Jamnik, City Attorney . Published in the Farmington Independent the _ day of , 2009.