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HomeMy WebLinkAbout10.11.05 Planning Packet City of Farmington 325 Oak Street Farmington, MN 55024 . A Proud Past - A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers AGENDA PLANNING COMMISSION October 11, 2005 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) September 13,2005 3. PUBLIC HEARINGS a) Variance to allow the addition to a residential home within the B.2 Zoning District. Applicant: David Marsh 204 1 st Street Farmington, MN 55024 .. b) Time extension for a Conditional Use Permit at K&K Auto Ranch Applicant: Ivan Janssen, K&K Auto Ranch . 1024 8th Street Farmington, MN 55024 d) Conditional Use PermitlVariance Request - Allowing for a mini-storage use in the Farmington Business Park PUD and a Variance to the parking requirements for a mini-storage use Applicant: Farmington Mini-Storage, LlC 1457 Homestead Street Shakopee, MN 55379 e) Text Amendment to Title 11 Chapter 6 for the Screening of Roof Mounted Equipment in the R, B, and I Zoning Districts (Con't) 4. DISCUSSION None 5. ADJOURN . . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463.7111 Fax (651) 463.2591 www.ci.farmington.mn.us TO: Planning Commission FROM: Lee Smick, AICP City Planner SUBJECT: Variance to Expand a Nonconforming Use - 204 1 st Street DATE: October 11, 2005 INTRODUCTION The applicant is seeking a variance (Exhibit A) from Section 10-4-2 (B)(l) of the City Code (Exhibit B) to construct an addition to his single family home located at 204 1 st Street (Exhibit C). The property is zoned B-2, Downtown Business with surrounding properties to the north and south of 204 1st Street also zoned as B-2 (Exhibit D). The residential use of the property is considered nonconforming and therefore requires approval of a variance to expand the structure as proposed. Additionally, the existing home at 204 1 st Street is located within the flood fringe, between the limits of the 100 and 500 year flood. Therefore, if the Board of Adjustment indicates on October 11 th that it is inclined to grant the expansion variance, a second variance (from the City's floodplain requirements) will have to be considered by the Board of Adjustment at the Planning Commission's next regular meeting on November 8, 2005. The second variance requires a 10- day notice to the Department of Natural Resources for their comments and an approved permit from the City Engineer prior to the change or extension of a nonconforming use. DISCUSSION The property was rezoned from R-2 (Low/Medium Density Residential) to B-2 (Downtown Business) on May 6, 2002 in order to be consistent with the Comprehensive Plan. The Comprehensive Plan, adopted on May 15, 2000, designates the property as "Business," (Exhibit E) which is believed to be the most appropriate long term use of the property because of its proximity to the City Center commercial area and a possible future stoplight at 1 st and Elm Streets. Mr. Marsh has stated that he was unaware of the Comprehensive Plan Amendment from residential to business for his property and the rezoning of his property from R-2 to B-2 when he was at the City to apply for a building permit. At that time, he requested a timeline from the City for the dates of the original approvals of the amendment and rezoning (Exhibit F). Because the . . . property is within a B-2 zoning district, he is required to apply for a variance to expand the structure as proposed. The language in Section 10-4-2 (A) of the City Code (Exhibit B) gives the Board of Adjustment (Planning Commission) the power to authorize changes of lawful nonconforming uses. An applicant/property owner is allowed to seek to change/modify/expand the lawful nonconforming use within the structure. Proposals to expand the use beyond the footprint of the existing structure would require a variance. Mr. Marsh has submitted a letter (Exhibit G) that explains his request and the need to expand his home because of the expansion of his family. The City Code provides the following criteria that must be met for a variance to be approved: 1. Because the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the regulations of this Title would cause undue hardship. Economic consideration alone shall not constitute an undue hardship if reasonable use for the property exists under the terms ofthis Title. The property has been used for residential purposes since the home was constructed in 1905. The current owner intends to continue residing on the property but wishes to make improvements to meet the needs of the family. Rezoning this residential property to commercial has limited the owner's ability to expand its residential use. 2. The conditions upon which a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other properties within the same zoning classification. The Marsh parcel, at 21,600 square feet, is much larger than many of the nearby residential lots. Its size makes it more suitable for an expansion of the type proposed than most of the nearby properties that are zoned B-2. 3. The alleged difficulty or hardship is caused by this Title and has not been created by any persons presently having an interest in the parcel of land. The hardship, if any, was not created by the applicant; it was created by the approvals of the amendment and rezoning of the property. 4. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. The character of the area will not be changed since the actual use of the property will not change. 2 . 5. The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. The variance would not create any of the above-mentioned adverse effects. 6. The requested variance is the minimum action required to eliminate the hardship. The applicant has designed the addition to meet the needs of his family. The requested variance is the minimum necessary to meet those needs. ACTION REQUESTED The Board of Adjustment should review the variance request and discuss, through its power to authorize changes of lawful nonconforming uses, whether the request meets variance requirements and criteria. Ifnot, the variance should be denied. However, if the request satisfies the applicable criteria, the public hearing should be continued to the November sth Planning Commission meeting so that the expansion variance and the floodplain variance can be considered and acted upon together. Respectfully submitted, . ~~ Lee Smick, AICP City Planner cc: David Marsh, 204 1 st Street . 3 6.)/~tf 4- . CITY OF FARMINGTON VARIANCE APPLICATION Farmington, MN 55024 651-463-7111 FAX 651-463-1611 Applicant Name lJ,q.v:/ tJ /l1 v4-1)~ Applicant Address ?CJ y / >/ 5"'r -f--79.,zm 'Y1~ ;/hi-'\.; Street City' State Phone Number t.5'/-L/(ptJ-Lj';;"S-r Legal Description of Subject P~~rty: (lot, block, plat name, section, township, range) ;201- /5'+ ~ ~~/f/7r I A-t// /) Current Land Use f?u.5/t1eS<; no2.J..( Zip Code Current Zoning District 8-2- . Specific Nature of Request / Claimed Hardship: Following Attached: (please check) _ Boundary/Lot Survey Application fee $200 _ Copies of Site Plan stractJResident List (adjoining property owners only) _ Torrens (Owner's Dublicate Certificate of Title Required) Property Owner's Signature Date . 10-4-2 EXI-/IBI/ S 1 0-4-3 . 10-4-2: NONCONFORMING USES: >f;. (A) The board of adjustment shall have the power to authorize changes of lawful nonconforming uses as a nonconforming use which occupies a portion of a structure may be extended within such structure as it existed when this zoning title was enacted but not in violation of the area and yard requirements of the zoning district. (B) Nonconforming uses in floodplains shall comply with requirements listed in chapter 5 of this title. The following provisions shall apply to all other nonconforming uses: 7<: 1. A nonconforming use may be continued but may not be extended, expanded or changed unless to a conforming use, except as permitted by the board of adjustment in accordance with the provi- sions of this title. 2. A zoning certificate must be obtained within one year by the owner of any nonconforming use as evidence that the use lawfully existed prior to the adoption of the provision which made the use nonconforming. . 3. Any nonconforming structure damaged by fire, flood, explosion or other casualty to an extent exceeding fifty percent (50%) of its fair market value as indicated by the records of the county assessor, if replaced, shall conform to the requirements of this title. 4. In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year or is abandoned for any period, such nonconforming use shall not be resumed. 5. Normal maintenance of a nonconforming structure is acceptable including nonstructural repairs and incidental maintenance. (Ord. 002-469, 2-19-2002) 1 0-4-3: ANNEXATION AND DESIGNATION OF LAND: (A) Land areas which may be added to the city by annexation, merger or other means shall be classified A-1 agriculture until such time that the city council may rezone the added territory to more appropriate classifications. (Ord. 002-469, 2-19-2002) . December 2003 City of Farmington - -- -- -. , III- ~ r J w ~ L I- i---i r 1 1 ~ a ... ~ . .LS H.L9 . ' I 1: . C 11 ) r . . .. ~ ~ n: , I ,. - 1 - - ""-- .LS HJS F 1 ~ Prrvl ~ I I ---- .' ~ ~Et t-:" l- t.. I i- I~ t" ~ ~ II I !IIIlII ~ I 1 .LS H.L~ C '-,lI' "'- , ~ ~ I 00 I (f) ~ w I r.- OO (.) ~ If 0 ~ ~ ~ t " IrY 0:: , .,a....J ill Cl. ~ I. , 00 I '. ; c L :..... ~ .LS O~€ . ,! ,j"; ~,~~j~ . 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September 2, 2005 Mr. David Marsh 204 1 sl Street' Fannington,~ 55024 City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us e;r1l/f3rr r RE: 1 st Street Improvements, 2020 Comprehensive Plan Amendment, Amendment to Zoning Map, and Approval of City Center 2nd Addition Plat Dear Mr. Marsh: I have been informed that you have requested information concerning the use of 1 st Street as a transportation route, and that you are interested in determining how your property was zoned B-2. I have attached a number of items to this correspondence, hoping that this will answer your questions. A) August 7, 1989 B) 1998-2000 City Council approved the ordering of the 1 sl Street construction project from Main Street to Elm Street. As highlighted in the minutes, the street was designated an MSA Route (Minnesota State Aid) by the City, allowing the City to use State Aid funding to construct the improvements. Also attached is information about the MSA program run by MnDOT and a table showing that 1 st Street remains a designated MSA Route. Other highlighted comments in the minutes shows that 1 st Street will be constructed at 44 feet in width, making it a minor collector roadway as stated in Section 11-4-3 (P) of the City Code. A minor collector street is defined in the City Code under Section 11-1-6 as the following: STREETS, COLLECTOR: Those streets which carry traffic from local streets to the major system of arterials and highways. Collector streets primarily provide principal access to residential neighborhoods, including, to a lesser degree, direct land access. 2020 Comprehensive Plan Update Process began with two visioning sessions on July 8, 1998 and July 29, 1998. Neighborhood meetings were conducted in October of 1998. The Comprehensive Plan designated your property at 204 1 st Street as Commercial because of the commercial uses across the street and the knowledge that 1 st Street was designated as a minor collector for more traffic to utilize the road. The Planning Commission discussed the Plan in January, February, and March in 1999. A Public Hearing Notice was included in the Farmington Independent on March 11, 1999 and the Planning Commission approved the Plan on March 23, 1999. The Plan was required to be reviewed by the Metropolitan Council. The City Council adopted the Plan on May 15, 2000 and the Metropolitan Council approved it on March 22, 2000. . . . EXH/BrrF C) 2002 Zoning Map Amendment - The Zoning Map was revised to be in compliance of the approved 2020 Comprehensive Plan. The Planning Commission reviewed the proposed revisions on March 26, 2002 and April 9, 2002. A Public Hearing notice was published in the Farmington Independent on April 4, 2002, stating that the hearing would be held on April 23, 2002 with informational meetings held on April 11th and 18th for residents to review the proposed revisions. The Planning Commission approved the revised Zoning Map on April 23, 2002. The City Council approved the revised Zoning Map on May 6, 2002, showing your property as B-2 and thereby complying with the Comprehensive Plan designation of Commercial. D) 2002 City Center 2nd Addition Preliminary and Final Plat - A Public Hearing notice was published in the paper on February 28,2002, for review of the plat at the Planning Commission on March 12, 2002. The developer prepared an abstract list for properties within 350 feet of the plat. Your name appears on the abstract list. The notices for residents on the abstract list were mailed on February 28, 2002. The Planning Commission approved the plat on March 12, 2002, stating that the service road onto I st Street from Econo Foods should be completed in order to alleviate traffic congestion problems on Elm Street. The City Council approved the Plat on April 1, 2002. If you have any questions concerning this information, please do not hesitate to call me at 651-463-1820. jlddL Lee Smick, AICP City Planner cc: Kevin Carroll, Community Director Tony Wippler, Assistant City Planner Lee Mann, City Engineer File . . . E?JII/ fjrr G- September,22, 2005 To Whom It May Concern: We are looking to add on to our house, we currnetly live in a house approx 1100 sp ft. Our goal is to increase our house size to approx 3400 sq ft. We have been Farmington Residence for over 6 years now and truly enjoy the small town feel, currently have one child and are looking to expand our family but in our current house size its just not possible, if you would consider alowing us to put our planned addition on it would allow for that growth as well as increased taxes for the city and school board based on the size of our new house. Thank you David Marsh 204 1st ST. J:jMN~?rJ . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: .lfc/ City Planning Commission , FROM: Tony Wippler, Assistant City Planner SUBJECT: Time extension for a Conditional Use Permit at K&K Auto Ranch Applicant: Ivan Janssen, K&K Auto Ranch 1024 sth Street Farmington, MN 55024 DATE: October 11, 2005 INTRODUCTIONIDISCUSSION Ivan & Janet Janssen, owners of 1024 sth Street, are requesting a time extension in order to complete the necessary improvements that were conditionally approved with a previously granted CUP. . The Planning Commission approved a conditional use permit on April 26, 2005 to allow the selling of automobiles from the northern portion of their property located at 1024 sth Street. For your information and review, staff has attached the memo that was prepared for the April 26th Planning Commission meeting regarding the original CUP application. The above-mentioned conditional use permit was approved with the following conditions attached: 1. The applicants waive their right to object to any assessments on the property. 2. A professionally engineered site plan needs to be submitted to the City on or before May 6, 2005 showing the proposed improvements discussed at the April 26, 2005 Planning Commission meeting. 3. The Engineering and Planning Division need to review and approve the site plan concerning utilities, screening, and site layout after the engineered site plan is submitted on or before May 6, 2005. 4. No work shall commence until approval of the engineered site plan by the Engineering and Planning Divisions. 5. The applicants abide by their letter of intent dated April 20, 2005. Pursuant to the applicant's letter mentioned in the above referenced condition #5 all the improvements on the lot were to be completed as of November 15,2005. Among the improvements specified in the applicant's letter were the following: . . That a decorative block wall will be constructed between the existing lot and steps leading to the new parking area. . . . . The installation of a six foot high opaque fence along the west and northern border of the new lot. . The parking area will be paved with bituminous. The three improvements highlighted above have yet to be completed and are not likely to be completed within the time frame approved with the original conditional use permit (November 15, 2005), as the weather is beginning to turn. In addition, the storm sewer system for this project, which included the installation of a catch basin in the northern portion of the parking lot, was to be completed in part with the Ash Street Reconstruction Project. However, due to the inclement weather earlier this summer as well as other uncontrollable circumstances, the Ash Street project has been slowed considerably. Due to this unexpected delay the applicant has not been able to substantially complete the improvements per the conditions of the approved CUP. The applicant has requested that the timeframe for completing the improvements to the lot as specified in the CUP be extended for one (1) year. RECOMMENDATION Extend the timeframe for completion of all remaining improvements for no longer than one year. Respectfully submitted, ...---r-- ~ fo~pp~ Z;.~ity Plmmer Cc: Ivan Janssen, K&K Auto Ranch . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: jtfC-- Planning Commission FROM: Lee Smick, AICP City Planner SUBJECT: Conditional Use Permit - Auto Sales in a B-1 Zone Applicant: Ivan & Janet Janssen DATE: April 26, 2005 INTRODUCTION Ivan & Janet Janssen, owners of 1024 8th Street, are requesting a Conditional Use Permit for the northerly portion oftheir property to sell automobiles from this location. DISCUSSION The northerly portion of the property at 1024 8th Street was recently approved for a Comprehensive Plan Amendment from Low/Medium Density to Business and a rezoning from R-2 to B-1. The Planning Commission recommended approval of these actions on April 12, 2005 and the City Council approved the actions on April 18, 2005 (Exhibit A). A Conditional Use Permit typically requires a engineered site plan; however, because of the timing between the approval of the Comprehensive Plan Amendment and Rezoning by the City Council on April 18th and the need to submit a plan by April 22nd in order to insert the plan into the Planning Commission packets, the City has accepted a hand-drawn site plan by the applicant showing the proposed improvements on the property (Exhibit B). Staffhas requested that the engineered site plan be submitted to the City on or before May 6, 2005. Additionally, the applicants have submitted a letter of intent for the improvements (Exhibit C). Attached are photos of the existing site where the new car lot is proposed (Exhibit D). Site Plan - Applicants Submittal The applicants propose to have the following improvements completed by November 15,2005 (Staff comments are italicized): 1. A decorative block wall will be constructed between the existing lot and the northerly lot with steps leading to the new car lot. The block wall needs to meet engineering requirements. 2. A six to eight foot opaque fence will be installed along the west and north border of the new car lot. The fence and/or landscaping needs to meet the screening requirements of Section . . . 10-6-9 (B) where a 100% opaque screen is required when a business use is within 100 feet of a residential use. 3. The new car lot will be paved with asphalt to the limits ofthe lot and to the foundation of the existing garage. Section 10-6-4 (B) requires that any offstreet parking lot and driveway shall be graded for proper drainage and surfaced with concrete or bituminous material. 4. A storm sewer line will be constructed to the west with a catch basin for water runoff located towards the middle of the new car lot. This proposed line will be connected with the proposed storm sewer line along sth Street that is associated with the construction of Ash Street. The utility plans need to meet engineering requirements. 5. The garage is proposed to be re-roofed and painted within 2 years of the approval of the Conditional Use Permit. 6. If lights are proposed for the car lot in the future, the applicant will be required to amend the existing Conditional Use Permit (if approved on April 26, 2005) at a public hearing. The Code also provides criteria that must be satisfied for the Planning Commission to grant a conditional use permit: 1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this title. 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious or noxious to any other property or persons 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 grounds to adjacent buildings and properties. 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. 6. The proposed use shall preserve the objectives of this title and shall be consistent with the comprehensive plan. City staff has reviewed the conditional use permit application and has determined that the request meets all applicable City requirements for the permit. The Engineering and Planning Divisions need to review and approve the site plan concerning utilities, screening, and site layout after the engineered site plan is submitted on or before May 6,2005. The City has also required that the applicants waive their rights to object to any assessments on the property for improvements. The applicants have verbally agreed to this requirement. RECOMMENDATION Approve the Conditional Use Permit to allow auto sales on the northerly portion of 1024 sth Street with the following conditions: . . . 1. The applicants waive their right to object to any assessments on the property. 2. A professionally engineered site plan needs to be submitted to the City on or before May 6, 2005 showing the proposed improvements discussed at the April 26, 2005 Planning Commission meeting. 3. The Engineering and Planning Divisions need to review and approve the site plan concerning utilities, screening, and site layout after the engineered site plan is submitted on or before May 6,2005. 4. No work shall commence until approval of the engineered site plan by the Engineering and Planning Divisions. 5. The applicants abide by their letter of intent dated April 20, 2005. Respectfully submitted, q:d?~ Lee Smick, AICP City Planner cc: Ivan & Janet Janssen, 1024 sth Street . . . CITY OF FARMINGTON CONDITIONAL USE PERMIT APPLICATION City of Farmington, 325 Oak Street, Farmington, MN 55024 651-463-7111 FAX 651-463-1611 Applicant Name (please print) / t/4,A./ '1/,,4/1/55 EY Applicant Address /02J? >?Y* Sf- p~ / rd71 ,;I{~ S~~ O~ ~~ Phone _(0/2.) Z-Lf 7- {?!fc; Z- Fax_L-J Legal Description of Subject Property: (lot, bloc~ plat name, section, township, range) /r;;tS ?..fu '5+ .. Current Land Use ':' 9 - Current Zoning District r:-2- Specific Nature of Request: ( ./lu.:/-c; '5~~ /(1 ; For office use . PennitNumber ~Zi Zip Code g,-/ d'/t?h;//~+ , Following Attached: (please check) _ Proof of Ownership _ Boundary/Lot Survey _ Application fee _ 6 Copies of Site Plan _ AbstractlResident List *(required 350' from subject property) . ~o ns (Ownt;(s Dublicate Certificate of Title Required) Property Owner's Signature X . . ' Applicant's Signature Date / Date .. For office use only . . Request Submitted to Planning staff on .' PublicHearlngSetfor: . . Adverti$ed'iliI,ocalNewspaper: . PlanDingCommissi()nt\ction:___ApprovCld _ Denied...' . CityCouncilAction(i:fneces~arY):: ~Approved~Deni~ CommentS: P1a.nnii1g Co.ordinat()r:...: Hickory St 1 000 8th St ~ N C") I I- 1012 8th St -+-' . (j) ~ Proposed location ex:> of cars (1020) +-' Recent lot (j) combination f; f'- 1024 8th St Ash St aHIP(T ;1 1 6 r;:X.HfB;T 8 N . - 8 ~I FtvOl... \I:lt ()J \J J \L \-0 \f. ~ . . ....s ~,- 'If..... TIl~'~ elL c..-, -- W ^- ,- ~ 10flJ.1. S 6..vAIt L.WIL E CFifC~ fYJ~,J ~ "112of'v<7ep A-?PHIla-; 'FA" III if ~ l. V) 1 b'<J) ~ * ~ 0,,, 7~~ '\~ ~ ,(EJ>~ l)ouJ,) To S Ne.w Lc> r c. t ~ w~- 5 . \) C '(( \. \ -r' 0 ~ -\ ~ ~ ~ -~ ("') ~ ~~~ ~ ~~ ~ ~\ ~ \" C;:X..1-l1orT C . April 20, 2005 Dear Sirs & Madam - Farmington Planning Board This is a letter of intent of our plans to develop the parcel of land north of K & K Auto Ranch as an extension of our existing car lot. We have contracted with Delmar Schwanz to plan and design the lot according to the specifics set forth by the City. It is our intent that the following items will be a part of the over-all plan. . 1. A decorative block wall between the existing lot and the new with steps leading to the new area. 2. We will put in a six to eight foot opaque fence along the west and north border of the new lot. 3. We will work with the Ash Street project for storm sewer run-off installing a catch basin, tying into the new sth Street line. The catch basin drain will be located in the north middle section of the new lot according to our design per Delmar Schwanz. 4. The new lot will be paved with asphalt. The cars lined up facing TH 3. 5. Since our business operates during daytime hours, we do not anticipate putting in additional lighting at this time. 6. It is our intention to keep the existing garage on the property with plans to roof and paint within two years. We hope to complete this project in a timely manner by November 15,2005. Thank you all for your kind consideration. Ivan & Janet Janssen . . ,l~'. t., ;ift > '0" '7?'Y1, , k ,;. ~ It ao! ~t! ~ I " . '- , . ~ :r . ~ ] .. ~ ~:!o ;1 1" ,I ." '. !:l ~ ......... ..l~". '.1.. \." ~ .:\ ..' ~. '/ .~ I!:I . \ .\ t It 1 ."'\ ~ ", .'''' .. . ~ ~ i ) ~ I \ \.:. .' : ,t~~ : -(~ t: - ~~, -, ,. ~,,)r ~...\ ,;. io ,A; _ i~ '1""" . f ~ .. . , :'I (oj ~ " iI. .. i ,1 . . II. II ~ ~,~ .' \ ~ .. 'I 0:1 .. ~ I. I ~. .\ . . ... . . . TO: FROM: SUBJECT: DATE: INTRODUCTION City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463.7111 Fax (651) 463-2591 www.ci.farmington.mn.us City Planning Commission ~~v Tony Wippler, Assistant City Planner Conditional Use PermitlVariance Request - Allowing for a Mini-Storage Use in the Farmington Business Park PUD and a Variance to the parking standards for a mini- storage use Applicant: Farmington Mini-Storage, LLC 1457 Homestead Street Shakopee, MN 55379 October 11, 2005 John Tonsager, Farmington Mini-Storage, LLC, has requested approval of a conditional use permit for the purpose of operating a mini-storage facility in the B-3 (Heavy Business) Planned Unit Development district. A variance has also been requested to reduce the amount of street parking that is required for a storage facility. The proposed mini-storage facility would be located south of Highway 50 on Canton Court. The Planning Commission reviewed and approved the attached site plan for the mini-storage facility at the regular Commission meeting on September 13,2005. PLANNING DIVISION REVIEW Applicant: Attachments: Location: Surrounding Land Uses: Existing Zoning: Comprehensive Plan: Farmington Mini-Storage, LLC 1457 Homestead Street, LLC Shakopee, MN 55379 1. Site Plan 2. Building Elevations 3. B-3 Permitted and Conditional Uses 4. Farmington Business Park Planned Unit Development Agreement 5. Farmington Business Park Design Standards 6. Conditional Use Permit application 7 . Variance application Canton Court, Farmington Business Park Heavy Commercial to the east, west, and north Low Density Residential to the south B-3 (Heavy Business) Planned Unit Development Commercial . Current Land Use: Vacant Land Proposed Land Use: Mini-Storage Facility DISCUSSION Conditional Use Permit According to the City Code, mini-storage facilities are conditionally allowed in the B-3 Zoning District. The applicant, John Tonsager, is proposing to construct 9 mini-storage buildings in at least two phases. Phase I consists of the construction of 3 - 8,000 (40' x 200') square foot storage units and 1 - 900 (30' x 30') square foot office building. The overall height of the self storage buildings will be approximately 10 feet. The 6 remaining units would be constructed at a later date. The storage units will be constructed with a colored split face block and mortar as well as a 24 gauge ga1velume roof. The color of the block and mortar utilized will likely be a sandstone color. The doors to the units will be constructed of metal and will likely be green or blue in color (please note the attached building elevations). The facility is proposed to be secured with a 6' high chain link fence and gate, allowing for controlled access to the site (this issue is addressed at greater length on page four of this memo). The City's Fire Marshal has indicated that a Knox box will need to be provided on the front gate for emergency access. Vehicle parking for the site will be provided at the entrance to the facility just south of the proposed office. A variance is required for the amount of off-street parking that is being provided (7 spaces to be provided in phase I, 15 at complete build out). The variance is addressed later in this memorandum. It should be noted that the City Code and the Farmington Business Park Design Standards specify that the perimeter of parking lots must be landscaped with one (1) tree and three (3) shrubs per forty feet of parking lot perimeter frontage. Plants are to be installed within ten (10) feet of the parking lot frontage area. At this time, the applicant has not submitted a landscape plan for this site. A landscape plan will have to be submitted and approved by the City Planner. . The Code provides the following criteria that must be met in order for the Planning Commission to approve a conditional use permit: 1. 2. 3. 4. 5. 6. . The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this title. 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 applicable performance standards. The proposed use shall be constructed and designed, sited, oriented and landscaped to produce harmonious relationship of buildings and grounds to adjacent buildings and properties. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. The proposed use shall organize vehicular access and parking to minimize traffic congestions in the neighborhood. 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 conditional use permit. Variance Request - Parking Spaces Currently, the City Code does not address off-street parking requirements specifically for mini-storage uses. However, the Code and the Farmington Business Park Design Standards do require that 1 off-street parking space be provided for each 2,000 square feet of "storage area". Strict adherence to this would require the applicant to provide 12 parking spaces with the construction of the first phase, and a total of 33 parking spaces would be required at full build-out. The applicant is proposing 7 off-street parking spaces with the construction of the first phase and a total of 15 spaces will be provided upon full build out of the site, thereby requiring a variance to be granted. According to the applicant, traffic research shows that at full build-out (9 storage buildings) there will be an average of 1.5 vehicles on the site at any given time and that a customer, when at the facility, will typically park in front of his or her rental unit. Staff believes that the City Code and the Farmington Business Park Design Standards should be amended in the near future to specifically address off-street parking requirements for commercial self-storage (mini- storage) facilities, as the need for parking in this type of use is substantially different than in a large warehousing/storage facility, where a large number of individuals may be employed. The Planning Commission must determine whether the reasons provided by the applicant warrant approval of the variance. The City Code provides the following criteria that must be met for a variance to be approved: 1. Because the particular surroundings, or shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the regulations of this Title would cause undue hardship. Economic consideration alone shall not constitute an undue hardship if reasonable use of the property exists under terms of this Title. The City Code does not specifically address off-street parking requirements for mini-storage uses. Under the current Code the applicant would have to adhere to the 1 off-street parking space for each 2,000 square feet of storage area requirement. This requirement is generally required for large storage/warehousing facilities where a large number of individuals are employed, thereby requiring substantial off-street parking. Whereas, a mini-storage use does not require a lot of off-street parking as a customer will generally park in front of the unit being rented. 2. The conditions upon which a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other properties within the same zoning classification. The City Code does not specifically address off-street parking requirements for mini-storage uses. Under the current Code the applicant would have to adhere to the 1 off-street parking space for each 2,000 square feet of storage area requirement. This requirement is generally required for large storage/warehousing facilities where a large number of individuals are employed, thereby requiring substantial off-street parking. Whereas, a mini-storage use does not require a lot of off-street parking as a customer will generally park in front of the unit being rented. 3. The alleged difficulty or hardship is caused by this Title and has not been created by any persons presently having an interest in the parcel of land. The alleged hardship was not created by the applicant. . 4. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. Granting the variance will not alter the essential character of the locality or be injurious to the other property in the vicinity in which the parcel of land is located or substantially diminish property values. 5. The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. The variance would not create any of the above-mentioned adverse effects. 6. The requested variance is the minimum action required to eliminate the hardship. This is the minimum action required to eliminate said hardship Variance - Screening According to the Design Standards that were approved as part of the Farmington Business Park Planned Unit Development Agreement, all off-street parking and storage areas shall be screened with a six to eight foot high opaque wooden fence and landscaping. The applicant is proposing to secure the entire site with a six foot high chain link fence. Staff believes this provision in the design standards creates an undue hardship for the developer. In an effort to keep this project moving forward, staff recommends that a variance be granted to allow Mr. Tonsager to utilize the chain link fencing that he has proposed. Appropriate revisions to the Design Standards could be processed at a later time. . RECOMMENDATION . Approve the conditional use permit and variance allowing a mini-storage use on the property in question as well as reducing the required off-street parking requirements for a storage facility and modifying the screening requirements, subject to the following conditions: 1. Subject to the satisfaction of any engineering and planning requirements, including (but not limited to) the submission and approval of a landscape plan. 2. The installation ofa Knox box on the front gate of the property. Respectfully submitted, ~ w~-1l Tony Wippler, Assistant City Planner Cc: John Tonsager, Farmington Mini-Storage, LLC Colin Garvey /z ~ Ii · q i I L n ; ~ ~ ~ ~~ ~ li.. . !I~ ~ ~~ ui ~ ~I ~ ~. ~ IE g:~ ~ \.1 e ~ ~ < ij@ ~ ~ ~~n ; : i~ ~ B B ~~ ~ ell ~~ ~~ ci~ z;:; ~o i~ . Q";5 Ill~. ~ffi~ ..~ ~:g~ 0aN :lL~ ~:~ 1l0~ ~~~ ~:~ ~~. ~~!;( I ~ ~ ~ ~~ d~ ~ o~ 3 ~. 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" ~ ~ e ~ ~ J- I 2 C\l -< . . . 10-5-15: B-3 HEAVY BUSINESS DISTRICT: 10..5..15: B..3 HEAVY BUSINESS DISTRICT: Page 10f2 (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 8-4 districts. (8)8ulk 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: Animal clinics. Auto repair, minor. Auto sales. Commercial services. Convenience store without gas. Mechanical sales, service and repair. Offices. http://66.113.195.234/MN/Farmington/13005000000015000.htm 10/6/2005 10.5-15: B-3 HEAVY BUSINESS DISTRICT: Page 2 of2 Public buildings. . Restaurants, class I, traditional. Retail facilities, greater than 3,000 square feet. Sexually oriented businesses - accessory. Supply yards. Truck terminals. Wholesale businesses. 2. Conditional: Auto repair, major. Car washes. Convenience store with gas. Greenhouses and nurseries, commercial. . Group daycare center, commercial. Home and trailer sales/display. Manufacturing facilities. Ministorage units. Outdoor sales. Petroleum bulk storage. Public utility buildings. Solar energy systems. 3. Accessory: Parking lots. (Ord. 002-469, 2-19-2002; amd. perfax dated 8-6-2002) . http://66.113.195.234/MN/Farmington/13005000000015000.htm 10/6/2005 . . . PLANNED UNlT 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-I (Agriculture) to B-3 (Heavy Business) Planned Unit Developplent. 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 J7'7 ~ ~ .;;rco_ ") , detailing a development plan for the Subj ect 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 ofthe 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 . Fannington, 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 ofthis 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 ofthe 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 otl\er4agreem;ilt!"'anaea9h"an~'~every'1 _ .' . ;' , , .,. ,;t " ~'. '. ,~ ,-{,. ,.v t"".i:.I ~. :', right, power and remedy herein set forth or otherwise so existing may be exercisedfrc>mtime tQ'.1 .'-., ._"," ~/.._ .,.lai:.,. -\.\""l.;...it 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 F']"1~a..m..~1'-'~1, beeithf1! t.. . A3JJV.L ~~.?U.?" ;,( ..'.;' hand-delivered to Developer, its employees or agents, o'}:~3.il!tv.tb"~1iii6afV~Yi~Y registered i ~~;L.~~< ~:..1'e ~~~n\i~r:\ n"'\::?.....~f\,,::\; {~:: .;' ,. ;. mail at the following address: 22098 Canton Court, FJrnmiton,'MN"5'5024:"Notices'tothe City 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. ~~: 1~~~ 98382 5 . . . STATE OF MINNESOTA ) ( ss. .COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this C)3 ~ay of ~ ' 20 05, by Kevan Soderberg and David M. Urbia, the Mayor and City A s ator of the CIty of Farmington, a Minnesota mumclpal corporatIOn, on behalf ofthe co oration and pursuant to the authority granted by its City Council. CYNTHIA A. MULLER NOTARY PUBLIC - MINNESOTA My Commission Expires 01.31.2010 STATE OF MINNESOTA ) t (ss. COUNTY OF J}:uc ok ) ~O'7~~ N~j. ~ Public ~fOregOmg~~tw~~methi,';;t1~ of (-?~1~?tf~O{ftihd;a- . n ,onbehalfofsaid SUSAN J. MIllER NOTARY PUBlIC - MINNESOTA My Commission Expires 01.31.2010 TIllS 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 SM11/L 0'YJ1d~ Notary Public 6 . . . 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 ofthe 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 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 ofthe 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 ofthe 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 ofthe city approved grading plan for the site. (C)Building Setbacks: No building or other structure shall be erected within 20 feet ofthe 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 proj ected 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 (l0') of the parking lot frontage area. 3. mterior 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 ofthe 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. . . . 1~1[g<g~nw~~1 ! f:J I SEP I 3 2005 n,' i I'i ~ '~\ ! i 1: I ~, ~ : 1 ! / ft ..-------------..-, L:/ I ._----~ CITY OF FARMINGTON CONDITIONAL USE PERMIT APPLICATION City of Farmington, 325 Oak Street, Farmington, MN 55024 651-463-7111 FAX 651-463-1611 ,-;-- . )>~1 Applicant Name (please print) ~.r^",;\ ~ M l'n: ) ~a. e . ~ Applicant Address #\C; k.. 1~ Street City State Phone _(QJl.J ~ q~- {L{r; 1 Fax _Cf2SU ~ 60--]-"1(, ~ L gal Description of Subject Property: (lot, bloc~plat name, section, townshiez..range) o t h--. 11. " 1\'. " .,....., ~~75 I Current Land Use V"-Lv.-+ Current Zoning District 1......1 Specific Nature of Request: OK\.. ~r Following Attached: (please check) _ Proof of Ownership _ Boundary/Lot Survey .f V2.0 Application fee _ 6 Copies of Site Plan _ Abstract/Resident List *(required 350' from subject property) _ Torrens (Owner's Dublicate certifica~e. it} Required) Property Owner's Signature Applicant's Signature Date Date - '-0 Z For office use only . Request Submitted to Planning staff on Public Hearing Set for: Advertised'in Local Newspaper: , Planning Commission Action: _ Approved _ Denied City Council Action (if necess8.ry): _Approved _ Denied . Comments: , Conditions Set: , Planning Coordi:riator: Date: . . . D ~@~n'W~ij \ \'\ I'! ,.~. ' SEP 19m ~'.:I !\.l It " ,II \UU it:Jj CITY OF FARMINGTON VARIANCE APPLICATION Farmington, rvrN 55024 651-463-7111 FAX 651-463-1611 ~ . ~ -:-" rvl L App6eantName ...,jOMV f orV?Pr&l;:..- Mnl.vb~ J I\), J) Applicant Address , q 0 (Cj f t Gt \ ~t ,1Nt. ~ V fv.Jl) b'\ · ~ ~treet City State Phone Number ~ S l.-- 1-[ 0 - 0 \ ~ 81 Deserip . n of Sob' eet p~rty: (lot, bloc p~t name, .00, towuship, range) . +- .Lkf' .. V~L'nt~ tt.t'K Current Land Use V tl-{."",",t Current ZOBiDa Distric:t ~9 J-{eA.V1 f1(/~LN.'77 rt, I/(~n ~ , .1'; (.( vc.J/, t t..'t Tc.> : ~ '. It(r, /..7 \ vt,h.7do;. ~ . ro ~ 0 '7 I'V1L1C.nl-, ! o ~ ~ tl'me...:r- L U~fl.e'lA t.P +0 h--c. ; k~) ~e.1 ~6-v't:- I'~ 'YO~ oft. ~~~e.'\-fJ FoUowing Attached: (please cheek) -J. Proof of Owaenhlp _ Bou~dary~ Sorvey I/^; 'I, ~ fi~ f~ ..L Application fee ($200) _ COpIes of Site Plan tJ I. .h ~ - ;.>! _ AbstractlResident List (adjoining property OWDen only) {V\~'1€. l ~L i g:.' To""" (0..-'. DUllea" ee_ of1'ltle Reqolred)!f5;at) ff. f.I 4... \ _~~../ . ~>~ff [;;/ fW~I^' ~7 is. It ~llov >t,'4'tJ ((Jv~\\1 c,ftC(C, ~{ (,V-, lcW'</s {I'\fi' t.bo...t 0../ : f ...c:.:. I \ ~ k~ h't /.Yl.W\t t (~It.. v.- ~ (;;" ~ 11~ o~-tl, ! fk """k., . [ I [ Property Owner's Signature Date . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463.7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Planning Commission ,~ FROM: Lee Smick, AICP City Planner SUBJECT: Text Amendment - Screening of Roof Mounted Equipment in the R, B, I, IP, SSC, Business/Commercial Flex, and Mixed Use Zoning Districts DATE: October 11, 2005 INTRODUCTION The City Code currently requires the screening of roof mounted equipment in the Industrial Park, Spruce Street Commercial, Business Commercial Flex, and Mixed Use Zoning Districts. However, the R-l, R-2, R-3, R-4, R-5, 1-1, and all of the B Zoning Districts do not require the screening of this type of equipment. City staff is in favor of addressing this issue because of the increase in new construction occurring in these districts and staffs desire to insure that the aesthetics of these new buildings is protected from these typically large structures on rooftops (see attached Exhibit A). Additionally, staff wants to insure that these structures are screened with materials that are compatible with the building aesthetics. Staff also proposes to include the IP, SSC, Business/Commercial Flex, and Mixed Use within this text amendment to more efficiently locate the language in one section of the code. Therefore, staff proposes to revise the Zoning Code and incorporate language that will address this issue. DISCUSSION Staff proposes to include this language in the R-l, R-2, R-3 districts pertaining to the construction of non-residential uses only such as churches, hospitals, or public buildings, etc. in order to screen roof mounted equipment. Staff also proposes that the R-4 and R-5 districts require screening for new construction (apartment buildings, etc). The proposed code will not pertain to single-family, two-family, or townhomes in any R districts. The proposed code also includes any new construction in the 1-1 and all B Zoning Districts such as manufacturing, retail, restaurants, etc. in order to screen roof mounted equipment. As stated above, the text amendment will also include the IP, SSC, Business/Commercial Flex, and Mixed Use Zoning Districts in order to locate the new language in one section of the code. In some cases, however, buildings are designed with larger building footprints such as schools, hospitals, public buildings, and manufacturing buildings, therefore, it may not be . . . feasible to "centrally locate" the roof mounted structures. Therefore, staff is proposing language in the new text where building owners need to show staff that this is not feasible, thereby requiring that the most unobtrusive feasible rooftop location shall be used. The following language is proposed to address the screening of roof mounted equipment under subsection (D) in Section 10-6-9 ofthe City Code: (D) Screening of Roof Mounted Equipment: All new construction in the R-l (non- residential uses only). R-2 (non-residential uses only). R-3 (non-residential uses only). R-4. R-5. B. 1-1. IF. SSC. Business/Commercial Flex. and Mixed Use Zoning Districts shall require rooftop equipment to be centrally located. except in cases where the property owner can show that this is not feasible. in which case the most unobtrusive feasible rooftop location shall be used. 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. ACTION REQUESTED Recommend approval of the proposed text amendment to the City Code and forward the recommendation to the City Council. Respectfully Submitted, 14~ Lee Smick, AICP City Planner . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: City Planning Commission KPG. FROM: Tony Wippler, Assistant City Planner SUBJECT: Sunrise Ponds - Revised concept DATE: October 11, 2005 Enclosed, for information purposes only, is a revised concept for the Sunrise Ponds development (Perkins property) that staff received on October 4,2005. The revised concept consists of 110 "detached townhome" (single-family) units. The density for this concept is 6.44 units per acre. If you will recall, the original concept plan submitted consisted of 163 attached townhomes and had a density of9.5 units per acre. Also enclosed for you are the proposed elevations for the detached townhomes. There are seven (7) different elevations being proposed for this concept at this time. Again, the enclosed materials are for information purposes only and are not included within the Planning Commission's agenda for October 11, 2005. We anticipate that the revised concept plan will be discussed at the joint City Council/Planning Commission meeting on October 19 and/or at the next regular Planning Commission meeting on November 8, 2005. ACTION REQUESTED None, this is for information purposes only. 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