HomeMy WebLinkAbout07.08.03 Planning Packet
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City of Farmington
325 Oak Street
....,.~rmington, MN 55024
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A Proud Past - A Promising Fut~re
Committed to Providing High Qpality,
Timely and Responsive Service to ~ll
Of Our Customers .
AGENDA .
PLANNING COMMISSION MEETING
JULY 8,2003
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVAL OF MINUTES'
a) May 13, Z003
b) June 10, 2003
3. PUBLIC HEARINGS
a)
ConditionaL Use Permit - Operate a Commercial Daycare in an IP (Industrial Park)
Zoning District (continued) .
Applicant: Jan Karrmann
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b) Meadow Creek 4th Addition Preliminary Plat (continued)
Applicant: Progress Land Company
c) Variance Request - Minimum Setback Requirement for Accessory Structures
Applicant: Todd Larson - 819 7th Street .
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d) . Zoning Code Text Amendments for Title 6 Chapter 4: Domestic Animal
Ordinance
Applicant: City of Farmington
e) Zoning Code Text Amendments for Title 10 Chapter 6 Section 24: Model Home
Ordinance
Applicant: City of Farmington
f) Zoning Code Text Amendments for Section 10-6-17 (E): Wetland Buffers
Applicant: City of Farmington
4. DISCUSSION
c.
a)
Joint City Council/Planning Commission/Spruce Street Task Force Meeting-
Juty 16, 2003 - 6:00 PM
5. ADJOURN
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
TO:
City Planning Commission
\wv
FROM: Jim Atkinson
Assistant City Planner
SUBJECT: Conditional Use Permit - Operate a Commercial Daycare in an IP
(Industrial Park) Zoning District
Applicant: Jan Karrmann
DATE: July 8, 2003
INTRODUCTION
Ms. Jan Karrmann has requested approval of a Conditional Use Permit to operate a
daycare in the Farmington Industrial Park. The property is zoned IP, Industrial Park.
Planning Division Review
Applicant:
Jan Karrmann
18614 Egret Way
Farmington, MN 55024
Attachments:
1. Site Plan
2. Letter from Community Development Director
- dated May 7, 2003
3. Memo from Larry White
4. Industrial Park Design Standards
5. Letter from Timothy Milner dated May 19,
2003
6. Letter from Wally Sapp dated May 19, 2003
Location of Property:
Portion of Lot 1, Farmington Industrial Park Phase
1\
Surrounding Land Uses:
Industrial Uses to the south, west, and east.
Wetland to the north.
Existing Zoning:
IP (Industrial Park)
Comprehensive Plan:
Industrial
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Current Land Use:
Agriculture
Proposed Land Use:
Commercial Daycare
DISCUSSION
According to the City Code, Commercial Daycare is conditionally allowed in the
Industrial Park Zoning District. The Code provides the following criteria that must
be met in order for the Planning Commission to approve a conditional use permit:
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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 applicable
performance standards.
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.
Design Standards
Section 10-6-20 of the City Code requires that buildings located in the Industrial
Park zoning district comply with certain design standards (see attached). Included
in the design standards are certain requirements related to the exterior finish of
the building. According to the applicant, a combination of brick and cement
fiberboard (Hardiplank or equivalent) would be used on the front of the building,
with 100% cement fiberboard on the other three sides. These materials would be
in compliance with the design standards. The following is a brief history of the
issues regarding approved building materials relating to the applicant's proposal.
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Background - Exterior Building Materials
In a letter dated May 7, 2003, Community Development Director Kevin Carroll,
acting as the City Zoning Officer, determined that cement fiberboard (Hardiplank)
did not comply with the approved building materials provided in the City Code (see
attached letter). The applicant appealed the Community Development Director's
decision to the Planning Commission on May 13, 2003. The Planning Commission
overturned the decision, thus allowing cement fiberboard as an approved building
material in the Industrial Park Zoning District.
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After the May 13, 2003 Planning Commission meeting, Mr. Jeff Thelen, property
owner in the Industrial Park, filed an appeal of the Planning Commission's decision
to overturn the Community Development Director's decision. A public hearing on
that appeal was held on June 16, 2003 at the City Council meeting. The council
unanimously upheld the Planning Commission decision, thereby allowing Hardiplank
in the Industrial Park zoning district.
Setbacks
According to the City Code, the required front setback is 50 feet and the side and
rear setbacks are 25 feet. As shown on the attached site plan, the proposed
structure would comply with these requirements.
Parking
The City Code does not address the parking requirement for commercial daycare
facilities. Section 10-6-19 (D) addresses the parking required in the Industrial Park
zoning district, but does not provide an appropriate requirement for daycare
facilities. Given the type and size of the proposed use and its similarity to other
uses that have specified parking requirements in the Code, Staff believes that the
parking provided on the site plan (31 spaces) is appropriate.
Landscaping
Section 10-6-19 (E) of the City Code provides landscaping requirements in the
Industrial Park zoning district. As shown on the attached site plan, landscaping is
provided to screen the building and play area from the adjacent property to the
west. Other landscaping is provided along the front of the building and near the
parking lot. According to the Code, Planning Commission approval of the
landscaping is not required. Planning Staff is responsible for approving all
landscaping.
Covenants
There has been much discussion regarding the covenants for the 2nd Addition of the
Farmington Industrial Park and the relation to the proposed daycare facility. City
staff's position is that it is not the Planning Commission's responsibility to
determine whether the applicant has fulfilled any obligations imposed by the
Declaration of Restrictive Covenants that was recorded against the 2nd Addition of
the Industrial Park in 1996. The HRA can and should make any such determinations
prior to the finalization of any proposed sale of HRA owned property to the
applicant.
ACTION REQUESTED
Approve the Conditional Use Permit contingent upon the following:
1. A sign permit shall be required for any signage on the site.
2. The applicant shall comply with all applicable requirements included in Section
10-6-19 of the City Code regarding Industrial Park Design Standards.
3
. 3. The applicant shall utilize the following exterior building materials:
Building front (south elevation) -- Brick up to the window sWs and the two
front corners with balance to be cement fiber board, HardiPlank or
HardiPanel (simulated stucco texture) products (see plans as previously
submitted). HardiPlank wW be supplied with a factory finish coating or the
HardiPanel products wW receive a field applied paint coating.
All other sides and rear - 100% percent cement fiber board, HardiPlank or
HardiPanel (simulated stucco texture) products. HardiPlank wW be
supplied with a factory finish coating or the HardiPanel products wW
receive a field applied paint coating.
4. The City-initiated re-platting of Lot 2, Block 1 of the Farmington Industrial Park
Phase 2 shall be approved by the City Council.
Respectfully Submitted,
.
Jim Atkinson
Assistant City Planner
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
MEMORANDUM
To:
From:
Re:
~
Ms. Jan Kamnann (via fax to 651-642-4103)
Kevin Carroll, Community Development Director
Design Standards Determination (Hardiplank)
May 7, 2003
Dear Ms. Karrmann,
This Memorandum will con.tlrm information that was provided to you during the course of the
joint City Council/Planning Commission/HRA meeting that was held at the Farmington
Maintenance Facility on the evening of April 30, 2003. At that time, I indicated to you that one
of your proposed building materials ("Hardiplank") is not an approved or allowable exterior wall
material under the Farmington Industrial Park Design Standards, which are found in Section 10-
6-19 [attached] of the City Code. In particular, the City's position is that:
a. Hardiplank is neither brick nor stone nor concrete masonry block.
b. Although it contains Portland cement, Hardiplank is not "concrete."
c. Even if Hardiplank is considered concrete, it is not "poured in place," "tilt up" or
"precast," which are the only three allowable varieties of concrete.
Section 10-3-4 [attached] of the City Code provides a procedure for appealing a determination of
the zoning officer. There is a $150 fee for the filing of such an appeal. If you wish to appeal,
and to have your appeal considered by the Planning Commission (sitting as the Board of
Adjustment) at the next Planning Commission meeting on May 13th, your written notice of
appeal and your filing fee will have to be received at City Hall by 10:00 a.m. on Friday, May 9th.
rfyou have any questions, please contact me at 651-463-1860. Thank you.
.
Jim Atkinson
From: GRANDPROJECTS@aol.com
Sent: Thursday, June 05, 2003 10:44 AM
To: Kevin Carroll; Jim Atkinson
Cc: JKarrmann@hbLcom
Subject: Just Kidding Around Wall Materials - Final Answer
Gentlemen,
After further consideration, Mrs. Karrmann is proposing the following exterior wall materials for Just Kidding
Around.
Option 1 - Building front (south elevation) - Brick up to the window sills and the two front corners with balance
to be cement fiber board, HardiPlank or HardiPanel (simulated stucco texture) products (see plans as
previously submitted). HardiPlank will be supplied with a factory finish coating or the HardiPanel products will
receive a field applied paint coating.
All other sides and rear - 100% percent cement fiber board, HardiPlank or HardiPanel (simulated stucco
texture) products. HardiPlank will be supplied with a factory finish coating or the HardiPanel products will
receive a field applied paint coating.
'9ptiof'l 2 Painted 61chitcetl:Jra! seFls."ete fJlfJe!f (, eel< fee" 3tyJe) OR aN eJ<<e....:er wa/fs. (Tf:1~ CJ"(;o,, ~.;,'{ be
~ omy If tht: Cil}' Cotll/\.iil votes to ban the use of Gement fiber beard prod(lt:tc; ;(.1 tAe IfId/;Jstf'is! ,'"'6, #0. Ui..1I ing
too Jl:Jf'le 16, 200.3 meermg.)
. Please call if you have any questions or comments.
Larry White
612 644-9023
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06/05/2003
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10-6-20: INDUSTRIAL PARK DESIGN STANDARDS:
(A)Building Material And Design:
1. Exterior Walls: Exterior walls of buildings to be constructed shall consist 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 of ten (10) years.
2. Alternate Materials: Alternate exterior surface materials of preengineered metal may
be substituted in an amount not to exceed six percent (6%) of the exterior wall surface
area of each building if the following conditions apply:
(a) Used for housing or screening equipment necessary to the manufacturing
operations;
(b) Architecturally compatible with the building as a whole as determined by the city
planning division;
(c) Compliance with any additional screening and/or landscaping requirements of the
city; and
(d) Modifications are made with prior written approval of the city planning division.
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
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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 collectorlindustrial or local street is ten feet (10'). The architectural design shall be
continuous and uninterrupted by ladders, towers, fences, and equipment. Businesses
that abut County Highway 50 and/or County Highway 31 shall not construct loading
docks that front these roadways.
7. Trash Containers: Trash containers or trash compactors shall not be located within
twenty feet (20') of any street, sidewalk or internal pedestrianway and shall be screened
by a six foot (6') masonry wall on three (3) sides of the trash unit.
8. Coverage: Unless otherwise approved by the city, the ratio of building square footage
and parking area shall not exceed sixty five percent (65%) of the total square footage of
any building site within the affected property.
(B)Utilities: All buildings and structures shall be served by underground utility distribution
facilities. The installation of such utilities shall not change the grade or contour of the
city approved grading plan for the site.
(C)Building Setbacks: No building or other structure shall be erected within fifty feet (50') of
the front property line; or twenty five feet (25') of the side and rear property lines. If two
(2) or more lots are developed as one site, the interior common lot line shall be ignored.
(D)parking Areas:
1. Surfacing: Prior to issuance of a certificate of occupancy, all parking areas, driveways
and loading areas shall be surfaced with asphalt or concrete pavement following the
city's engineering standard plates. In the event said surfacing cannot be completed due
to weather or seasonal restrictions, a temporary certificate of occupancy may be issued
contingent upon the extension of the security or letter of credit required under this
chapter. All parking lots located in the front of buildings or adjacent to street rights of
way shall be curbed.
2. Off Street Parking Spaces Required: Off street parking shall be provided to serve
each site. The minimum number of parking spaces shall be the greater of:
(a) One space for every six hundred (600) square feet of industrial space; and
One space for every two hundred (200) square feet of office space; and
One space for each two thousand (2,000) square feet of storage area
or
(b) One space per projected employee per shift.
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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.
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2. Perimeter Parking Lots: One tree and three (3) shrubs per forty feet (40') of parking
lot perimeter frontage. Plants are to be installed within ten feet (10') of the parking lot
frontage area.
3. Interior Parking Lots: One planting island per twenty (20) parking spaces. One tree
and three (3) shrubs are required within each planting island. The planting island shall
be curbed with concrete.
4. Buffer Area: When the industrial district is adjacent to a residential district, a twenty
five foot (25') buffer is required and shall include a six foot (6') high wooden fence and
landscaping to screen the adjacent property.
(F)Screening:
1. Storage Areas: Without prior approval of the city, no outside storage areas shall be
allowed nor shall any articles, goods, materials, incinerators, storage tanks, refuse
containers or like equipment be kept in the open or exposed to public view or view from
adjacent buildings. If outside storage is given city approval, all materials and/or
containers and equipment shall be screened from view. Required screening shall
include: a) a six (6) to eight foot (8') high opaque wooden fence and landscaping; b)
landscaping and berms; or c) a combination of both to fully screen the outdoor storage.
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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.
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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 t;>e 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. (Ord.
002-469,2-19-2002; amd. Ord. 002-477, 7-15-2002)
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Powder Coating Company
Honorable Jerry Ristow
Mayor
City of Farmington
Farmington, MN 55024
May 19, 2003
Mayor Ristow,
I am writing this letter to express my reservations with the proposed day care facility within the Farmington
Industrial Park. Unfortunately, I am not able to attend this evening's council meeting to voice my concerns
in person. I have asked Jeff Thelen, who plans to speak on this issue this evening, to deliver this letter to
you in the public comment section of tonight's agenda.
I have two broad areas of concerns regarding the proposed day care center. Let me briefiy explain each.
One area of concern is the appropriateness of a day care facility in an industrial park. Increased traffic
levels in to the industrial park are a concern, especially during our busy shipping times (6-8 AM and 4-6
PM) which I am afraid will coincide with the day care's busy time for child drop off and pick up. I am
concerned about not only the traffic in the park, but the ability for the extra volume of traffic to be able to
safely enter and exit the park on Eaton Ave. The ability to enter Hwy 50 from Eaton Ave has been an issue
for many of us for the last few years, and the added volume of traffic from the day care will only make it
more difficult. .
I have concerns about things, such as odors and noises, which are generally acceptable in an industrial
environment, but may not be so acceptable to the parents and children utilizing' the day care facility. I can
see the potential for tension between businesses on these types of issues in the future.
The second area of concern is the proposed materials of construction. The high quality standard that
guided the buildings in the industrial park is important to me. My building is the biggest asset I own. The
value of my building is in part determined by its location and the quality of the other buildings in the park.
While I am not an architect, I am comfortable in saying that the proposed building materials are not the
same as the pre-cast concrete used in my building. It is of lesser value. I am concerned that, should the
day care prove not to be successful, the park will have a building for sale of lesser quality construction and
. with a unique design that will make it difficult to remarket. While all buildings carry some remarket risk, it
seems to me that the day care facility's risk would be far greater than the other buildings in the park. It
does have the potential effect of lowering the value of my building. That would not only hurt me, but the city
as well, in that lower industrial building values would also mean less property tax revenue for the city.
21020 EATON AVENUE. FARMINGTON, MINNESOTA 55024
PHONE 651-463-4664 · FAX 651-463-4627
E-Mail: jitpowdr@aol.com · Web Site: www.jitpowdercoating.com
//0) &-3
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POWDER COATING
PERFORlv1ANCE IND. COATINGS, INC.
P.O. BOX 127
FARMfNGTON, MN. 55024-0127
PHONE 651-463-3388
FAX 651-463-3556
MAY 19,2003
SUBJECT: BUILDING STRUCTURE IND. PARK
DEAR CITY COUNCIL,
WHEN MY BUILDING WAS CONSTRUCTED IN THE INDUSTRIAL PARK WE HAD TO
COMPL Y WITH THE COVENANTS THAT WAS IN FORCED AT THAT TIME. CERTAIN
TYPE OF MATERIALS HAD TO BE USED DEPENDING ON WHERE THE SITE WAS
LOCATED IN THE PARK. THE AREAS CLOSE TO HWY 50 WAS LIMITED TO A MORE
ESTHETIC LOOK THAT THE LOTS LOCATED IN THE REAR OF THE PARK.
I UNDERSTAND THAT WHEN THE 2ND ADDITION WAS ADDED TO THE PARK SOME
OF THIS WAS CHANGED TO ELIMINATE ANY METAL BUILDINGS BEING
CONSTRUCTED. MY GUESS THIS DONE TO UPHOLD THE INTEGRITY OF
THE OF THE BUILDING CODES TO MAKE IT COMPATIBLE TO EACH BUILDER. I
WOULD BE OPPOSED TO ANY CHANGE IN THE BUILDING CODES THAT WOULD
ALLOW THIS TO EFFECT THE VALUE OF MY INVESTMENT IN THE PARK.
.
THERE HAS BEEN A LOT OF INFORMATION ABOUT THE POTENTIAL DAY CARE
BUILDING CONSTRUCTION IN THE INDUSTRIAL PARK USING HARDY BOARD
FOR THE OUTSIDE CONSTRUCTION OF THE BUILDING. I AM NOT SURE OF WHAT
ALL THIS IS MADE OF BUT I FEEL THAT MORE STUDY SHOULD BE MADE TO
INSURE THAT THE INTEGRITY OF THE BUILDING CODES THAT WAS
INSTITUTED BE UP HELD TO KEEP THE VALUE OF THE BUILDINGS THAT HAS
BEEN CONSTRUCTED.
I DO NOT OPPOSE ADA YCARE CENTER TO BE LOCATED IN
THE PARKAS LONG AS THE CHILDREN IS PROTECTED IN A SAFE ENVIRONMpNT
FROM PARK TRAFFIC. IF SPRINKLERS ARE REQUIRED IN ONE BUILDING IT "
SHOULD BE IN EVERY BUILDING. .
THANK YOU
CE INDUSTRIAL COATINGS
TO PROTECT AND BEAUTIFY
/ /<:!:)o G - L
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TO:
FROM:
SUBJECT:
DATE:
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
.tWU
City Planning Commission
Jim Atkinson
Assistant City Planner
Meadow Creek 4th Addition Preliminary Plat
July 8, 2003
INTRODUCTION
Warren Israelson of Progress Land Company proposes to plat 122 single-family residential
lots on 47.89 acres in the fourth phase of Meadow Creek. The pro~osed subdivision is
located east of Prairie Creek and north of the Meadow Creek 3rd and 4t Additions.
Plannin~ Division Review
Applicants:
Attachments:
Location of Property:
Area Bounded By:
Existing Zoning:
Surrounding Zoning:
Existing Conditions:
Warren Israelson
Progress Land Company
6001 Egan Drive, Suite 100
Savage. MN 55378
952 - 226- 3200
Preliminary Plat
Letter from Patrick Lynch - DNR
Letter from Jay Riggs - Dakota County Soil and Water
Conservation District
Located in the northeastern portion of the City of
Farmington.
Single-family residential to the west, proposed single-
family residential to the north, open space to the east
and single-family residential to the south.
R-1 Single-Family Residential
Residential PUD to the north, R-1 to the west and south,
and Empire Township to the east.
The property consists of farmland and includes a man-
made drainage way that is utilized as an outlet for Lake
Julia and runs southeasterly along the southern boundary
of the Fourth Addition.
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Lot Coverage and Sizes:
The maximum lot coverage for an R-1 single-family zone
is 30%. The minimum lot size for the development is
10,000 sq. ft. The minimum lot width is 75 feet
measured at the front yard setback.
Topography:
The property is relatively flat.
DISCUSSION
The applicant proposes to plat 122 single-family lots on 47.89 acres in the fourth phase of
Meadow Creek. A total of four (4) outlots make up the remainder of the plat, all of which
would be utilized for stormwater management.
Lot Width Requirement
The zoning code requires lots in an R-1 district to have at least 75 feet of street frontage
as measured from the front yard setback line. As shown on the plat, only the lot widths at
the property line are labeled. Because of this, compliance with the lot width
requirement for several lots is difficult to determine. The applicant should verify that all
lots are at least 75 feet wide at the front yard setback line.
Transportation
Dunbury Avenue and Dylan Drive would connect the fourth addition to the third addition.
There would also be three connection points to the north connecting to future residential
development.
Trails
The proposed trail system is shown on the Grading and drainage plan attached to this
memo. The City's Parks and Recreation Director has submitted a memo recommending
the following trail additions (see attached):
1. On the south side of Road B between the Lake Julia Waterway and Dunbury Avenue.
2. Along the eastern side of the development, on the western edge of Outlots C and D.
3. Between Lots 8 and 9 of Block 5.
4. Between Lots 31 and 32 of Block 5. This connection would require an expanded
easement to accommodate the trail.
ACTION REQUESTED
Recommend Approval of the Meadow Creek Third Addition preliminary plat contingent
upon the following items:
1. The applicant shall verify that all lots meet the minimum lot width requirement of 75
feet, as measured from the front yard setback line.
2. The applicant shall comply with recommendations submitted by the Minnesota DNR
and Dakota County Soil and Water Conservation District (see attached letters).
3. The applicant shall provide trails in accordance with the attached letter from Randy
Distad, Parks and Recreation Director.
.
.
.
4. A Development Contract between the DeveLoper and the City of Farmington shall be
executed and security, fees, and costs shall be paid. Submission of all other
documents required under the DeveLopment Contract shall be required.
Respectfully submitted,
4~~
Jim Atkinson
Assistant City PLanner
cc: Warren Israelson, Progress Land Company
File
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07/01/2003 14:14
5517727977
DNRCENTRALREGION
PAGE 01/01
Minnesota Department of Natural Resources
Central Region Waters -1200 Warner Road, St. Paul, MN 55106-6793
Telephone: (651) 772-7910 Fax: (651) 772-7977
July 1, 2003
Lee Smick, City p~
City of F armington
325 Oak Street
F annington. Minnesota 55024
RE: Proposed Prelimi.Dary Plat ofMtadow Creek 4lll. Addition
Dear Ms. Smick:
1'be Department ofN atUral Resources (DNR) re<;eived the notice ofhearing and piau sheets you se/lt relative w the proposed pre1imin.aryplat
of Meadow Creek4tb Addition inFannington. The documents were reviewed sad thefoJlowingCOIJUDeD1Sare offi:redfarconsi.deraDonattbe
upcoming bearing.
The ~ is void ofany DNR Publi.c Wamrs Wetlands, altbough it is situated betWCell.DNR Wctland#19-352Wto tbewestandNorth Creek. 8
tributary to the Vermillion River, to the east.
.
A portion of the east side of the plat lies within. a federally designated floodplain. Development within 1hc i100dplain must adhe.re to the
provisiOQ-S of the OOIIllllUDity's floodplain ordinance. It is recorr1IJIPJ:l~ that the:iinal plat documents include the 1 OO-year:f1ood elevation on
them. Lots 11 and 12, Block 5, are proposed to be elevated on :fill. These lots will likely require a Letter ofMap Revision (LOMR) once
filled, to avoid future owners from paying flood insurance. The lowe51: ::floor elevation of structures on these lots must be at least one foot
above the lOo-year flood (or higher ifth.e city has more restrictive requirements).
Sheet C3 (Grading tlIldDJ:aiaageP1en) iDdicates a linear drainage featunt to be constructed from west to east. Byincorporatingme8llders in
to this drain.agE feature, the drainage fea~ will have a more natural look, 8Dd help reduce the runoff rate. Also, please OODSider'requiring
planting of willow, dogwood, and red maple: along this dnlinage to provide stability, shede, and habitat.
The city has utilized signage along many of its wetl8Ilds and stoml ponds. Signage along the wetlands and 8t01'm. ponds in this development
will educate The public as to the function and values oftbese resources. and remind them that mowing. grading, fining orotbe:wise disturbing
these llrellS are not allowed.
To red1JQc nmoff rate aJJd volume, please consider requiring narrower streets. and. where feasible, maximizing stonnwater infi1tra1i.on.
This proposed development, with the proposed on-site mitigation wetland. provides an opportunity to manitorthe mitigation wedand on the
east end of the plat under the WHEP program a.dminist.ered by Dan Huff at Dakota County Extension. Please contact him if the city is
interested in pursuing this further.
In the future:, please address all notices of hearing for shoreLand or tloodplain matters to ray attention at the above address. lfyou have any
questions, please call me at 651-772-7917.
Sincerel.y,
.
Patrick 1. L)'DCh ill
hea Hydrologist
C: Dakota swen, Brian Watson DID1 Hutt: Dakota County Extamon Micbdc Hanson, DNR
DNR Information: 651-296-6157 · 1-888--646-6367 . TrY: 65)-296-5484 · l-SOO-657-3929
All Eq~I~ Oppo.tul1ity Bmp!oYl:r
Who Vahlt~ Di\'cn;ily
ft.: Printed on Rccycl<od Paper COl1!ainin~ u.
'-, Minimum or 20% pos~C(lnsumcr Wu~tc:
.
.
.
DAKOTA COUNTY SOIL & WATER
CONSERVATION DISTRICT
Dakota County Extension and Conservation Center
4100 220th Street West, Suite 102
Farmington, MN 55024
Phone: (651) 480-7777
FAX: (651) 480-7775
www.dakotaswcd.org
June 30, 2003
Ms. Lee Smick Ref.: 03-FRM-045
City of Farmington
325 Oak Street
Farmington, MN 55024
RE: REVIEW OF THE PRELIMINARY GRADING PLANS FOR MEADOW CREEK FOURTH ADDITION
Dear Lee:
The Dakota County Soil and Water Conservation District (SWCD) has reviewed the plans for the above-
mentioned site. This project entails the construction of 68 single-family lots on approximately 48 acres. The
following report discusses wetland related issues and submits erosion control recommendations.
Wetland Permitting Issues
The plan includes over 68,000 square feet of wetland fill. These impacts are cumulative with the impacts
associated with the 3rd Addition for which a Wetland Replacement Plan Application was recently submitted.
Sequencing information will need to be submitted with another Wetland Replacement Plan Application prior
to approval of the final grading plans and construction. The SWCD will comment further on the proposed
wetland alterations as part of the application review process.
Erosion and Sedimentation Control
Minimal erosion and sedimentation controls are shown on the plan. Accordingly, in addition to the proposed
silt fence, the SWCD suggests the following at a minimum for this site:
1. Develop a dewatering plan that addresses erosion control issues and include it with the construction
documents.
2. Construct the stormwater ponds promptly to serve as temporary sediment basins. Install a stable
overflow on the pond.
3. Show temporary and permanent seeding and mulching specifications.
4. Install a rock construction entrance.
5. Stabilize slopes tributary to waters of the state promptly in accordance with the NPDES permit.
6. Install energy dissipation devices at all storm sewer outlets. Show the type and location of all energy
dissipation devices on the plan.
7. Install inlet sediment filters at all low points in the system.
8. Use native, deep-rooted vegetation wherever possible.
Thank you for the opportunity to review this plan. Call me at (651) 480-7779 if you have questions.
Sincerely,
Jay Riggs, CPESC
cc: Rehder & Associates, Inc., 3440 Federal Drive, Suite 240, Eagan, MN 55122
Progress Land Company, 6001 Egan Drive, Suite 100, Savage, MN 55378
Lee Mann, City of Farmington
Brian Watson, Dakota SWCD
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
FROM:
City Planning Commission
Jim Atkinson ~~[;
Assistant City Planner
TO:
SUBJECT:
Variance Request - Minimum Setback Requirement for Accessory
Structures
Applicant: Todd Larson - 819 7th Street
DATE:
July 8, 2003
INTRODUCTION
.
The applicant, Todd Larson, is seeking a variance from the mmlmum setback
requirement to construct a garage six (6) feet from an alley. The property is located
at 819 - 7th Street and is zoned R-2, Low/Medium Density Residential.
PLANNING DIVISION REVIEW
Applicant:
Todd Larson
819 7th Street
Farmington, MN 55024
Attachments:
1. Site Plan
2. Elevation Drawing
3. Floor Plan
Property Location:
819 - 7th Street
Existing Zoning:
R-2 (Low/Medium Density Residential)
2020 Comprehensive Plan:
Low / Medium Density Residential
Existing Land Use:
Single-Family Residence
DISCUSSION
. According to the City Code, accessory structures (including detached garages) in the
R-2 Zoning District must be located at least 10 feet from the rear property line if
.
.
.
adjacent to an alley. As shown on the attached site plan, the applicant is proposing to
locate the structure six (6) feet from the alley that is adjacent to the rear property
line.
The Planning Commission must determine whether the reasons provided by the
applicant warrant approval of the variances. 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 of this
Title.
As shown on the site plan, the proposed garage would be constructed
partially behind the existing house. Constructing the garage in compliance
with the setback requirement would not allow enough space between the
house and the garage for vehicular access.
Other options for locating the garage, such as turning the face of the
garage or moving the location to the other side of the property, are not
possible due to utility poles and a sewer easement that are located on the
property.
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 size and pLacement of the house on the property causes the hardship.
The majority of properties in the R-2 zoning district do not have similar
access difficulties.
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 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.
The variance would not cause any of the above-mentioned adverse effects.
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 variance would be the minimum to allow appropriate access to the
garage.
ACTION REQUESTED
Consider the requested variance.
Respectfully submitted,
4~~
Jim Atkinson
Assistant City Planner
3
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.
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
, JJ)(/
\v\
FROM:
Lee Smick, AICP
City Planner
SUBJECT:
Zoning Code Text Amendments for Title 6 Chapter 4:
Domestic Animal Ordinance
DATE:
July 8, 2003
INTRODUCTION
.
The City of Farmington is proposing revising Title 6 Chapter 4 of the City Code
concerning Domestic Animals. On June 10, 2003, the Planning Commission directed
staff to prepare a text amendment concerning domestic animals, thereby allowing
pygmy goats within residential districts in the City.
DISCUSSION
Planning Commission Meeting - June 10, 2003
At the June 10, 2003 Planning Commission meeting, only three members were in
attendance, not including the Planning Chair and one additional member. Because of
the variety of formats and information an animal ordinance may encompass, staff
would like to discuss domestic animal ordinance issues with the full Planning
Commission in order to prepare an ordinance that meets the needs of the City.
Staff reviewed numerous ordinances from surrounding communities as well as from
communities throughout the country. Some of the ordinances reviewed included:
Lakeville, Oakdale, Woodbury, Minneapolis, and Richfield in Minnesota; Littleton and
Boulder in Colorado; Seattle, Kent, and Tacoma in Washington, along with
Independence, Blue Springs, and Kansas City in Missouri. Staff also reviewed the
American Planning Association's Planning Advisory Report titled A Glossary of Zoning,
Development, and Planning Terms.
Definition of Domestic Animal
. The glossary identifies domestic animals as the following:
.
An animal that is tame or domesticated and not normally found in the wild state.
Hybrids of animals normally found in the wild state are not included within the
meaning of domestic animal. (New Castle County, Del.)
Any of various animals adopted by man so as to live and breed in a tame condition.
(Woodbury MN)
Any animal that has been bred and/or raised to live in or about the habitation of
humans and is dependent on people for food and shelter. (Ft. Collins, CO)
Richfield identifies domestic pets as dogs, cats, birds kept indoors, hamsters,
chinchillas, rabbits, lizards, and snakes capable of being maintained continuously in
cages, caterpillars and other living creatures generally referred to as domestic pets.
Kent, Washington defines a domestic animal as a dog, cat, rabbit, horse, mule, ass,
bovine, lamb, goat, sheep, hog, or other animal made to be domestic. lakeville
defines cats, dogs, gerbils, hamsters, rabbits, and tropical fish as house pets and
cattle, hogs, bees, sheep, goats, chickens, turkeys, and horses as farm animals.
Oakdale does not allow hoofed animals within their city limits. However, in most of
the ordinances reviewed, they dealt with only cats or dogs as a domestic animal.
. Size of Lot and/ or Location of Enclosure
The City of Boulder, Colorado does not allow a person to keep any horse, goat, sheep,
cow, llama, burro, other equine or bovine animal unless such person has a total lot
area of one-half acre per animal plus its young under six months.
Woodbury requires that any buildings in which farm animals are kept shall be a
distance of 125 feet or more from lot lines. Additionally, the keeping of more than 1
non-domestic farm animal per acre shall require a special use permit. Woodbury
considers livestock as dairy and beef cattle, goats, horses, sheep, hogs, poultry, game
birds, and other animals including dogs, ponies, deer, rabbits, and mink.
Independence, Missouri considers domestic animals as domesticated by a person so as
to live and breed in a tame condition. However, they consider horses, mules, sheep,
goats, cattle, swine, and other domesticated animals, but excluding dogs, cats, and
small animals as livestock. Within the city, no more than two head of livestock may
be kept and for each head of livestock, one-half acre shall be provided for the
animals. Independence also discusses the maintenance of the structures where
animals are kept. Staff proposes that this language should be a part of the new
ordinance (see attached).
.
Blue Springs, Missouri does not allow livestock or farm animals, even if considered
pets by the owner, to be kept on any residentially owned property. The City does
allow Vietnamese Pot-Bellied pigs below 125 pounds as long as they are of a pure
breed lineage.
.
.
.
Kansas City, Missouri defines domestic animals as any species of animal bred by
human beings through several generations to select and successively achieve those
qualities of domesticity required for the animals to live and/or work successfully with
human beings. Vietnamese Pot-Bellied pigs are allowed in the city. Except for cats
and dogs, no enclosure for domestic animals may be closer than 100 feet to the
nearest portion of any building occupied by or in any way used by human beings,
other than the dwelling occupied by the owner or keeper of the animals. Kansas City
also discusses the maintenance of the enclosure (see attached).
Tacoma, Washington only defines cats and dogs as domesticated animals. Seattle,
Washington allows farm animals permitted only on lots at least 20,000 square feet in
size. One farm animal for every 10,000 square feet of lot area is permitted. Pot-
bellied pigs are allowed provided that it is no greater than 22 inches in height and no
more than 150 pounds in weight.
Summary
After reviewing the numerous ordinances, staff found no reference to pygmy goats as
domestic animals in any of the ordinances reviewed. Goats were defined as either
farm animals or livestock and require a certain lot size to raise the goats or a certain
distance from the enclosure.
In drafting the proposed ordinance, staff recommends that the domestic animal
definition include the types of animals allowed to insure no obscurity is written into
the ordinance. Additionally, the ordinance should deal with the distance of an
enclosure to an adjacent home and the maintenance of the enclosure.
Staff will take suggestions from the Planning Commission on additional inclusions into
the ordinance and prepare those suggestions in ordinance format at the August 12,
2003 Planning Commission meeting.
ACTION REQUESTED
Review the selected community's ordinances and prepare suggestions for inclusion
into a Domestic Animal Ordinance.
Respectfully submitted,
~~
Lee Smick, AICP
City Planner
amusement enterprise
animal grooming service
games, basket loops, and other similar
devices. Each coin box, token box, or
player position on a machine or device
with more than one such box or position
shaIl be deemed to be a separate device.
(Glendale, Ariz.)
Any video game, pinball, or other ma-
chines, whether mechanicaIly or elec-
tronically operated that, upon insertion
of a coin, trade-token, slug, or similar ob-
ject, operates or may be operated as a
game or contest of skill or amusement of
any kind or description, and that con-
tains no automatic payoff for the return
of money or trade tokens, or that makes
no provision whatever for the return of
money to the player. An amusement de-
vice is further defined as any machine,
apparatus, or contrivance that is used or
that may be used as a game of skill and
amusement wherein or whereby the
player initiates, employs, or directs any
force generated by the machine. An
amusement device shaIl exclude billiard,
pool, or bagateIle tables. (Salt Lake
County, Utah)
. amusement enterprise Any indoor
or outdoor place that is maintained or
operated for the amusement, patronage,
or recreation of the public to include any
coin-controlled amusement device of
any description, commonly known as
baseball, footbaIl, pinball amusements,
pool tables, miniature golf course, or dri-
ving range. (Jefferson County, Colo.)
. amusement park (See also carnival)
A commercially operated park with a
predominance of outdoor games and ac-
tivities for entertainment (ouctured
below), including motorized rides, water
slides, miniature golf, batting cages, and
the like. (Camden, Maine)
A commercially operated park with var-
ious devices for entertainment and
booths for the sale of food and drink. (El
Paso, Tex.)
. amusement park, children's A group
of not more than 12 amusement devices
for children only, including pony rings,
and their necessary accessory uses, lo-
cated on a plot of ground with an area of
not over three acres, which area shall in-
clude provisions for off-street parking.
(Kansas City, Mo.)
. amusement ride (See also carnival)
A mechanical, aquatic, or other device
or attraction that carries passengers
over a fixed or restricted area, primar-
ily for the passengers' amusement.
(State of Montana)
. anchor tenant The major store or
stores within a shopping center. (Iowa
State University Extension Service)
. ancillary use (See accessory use)
. animal Any vertebrate member of
the animal kingdom, excluding man.
(Lincoln, Nebr.)
Any live vertebrate creature, domestic or
wild. (Gilroy, Calif)
. animal-at-large [An animal] out-
side of a fence or other enclosure that re-
strains the animal to a particular
premises, whether on public or private
property, and not under the control, by
leash or lead, of the owner or keeper.
Animals tethered to a stationary object
within reach of a street, sidewalk, alley,
trail or other public access are deemed to
be "at large." (Ft. Collins, Colo.)
. animal boarding place (See also ken-
nel) Any structure, land, or combina-
tion thereof used, designed, or arranged
for the boarding, breeding or care of
dogs, cats, pets, fowl, horses, or other
domestic animals for profit, but exclu-
sive of animals used for agricultural pur-
poses. (Mequon, Wisc.)
. animal, domestic A domestic ani- ~
mal shall include dogs and cats only.
(Pomfret Township, N.Y.)
Any dog, cat, horse, cow, sheep, goat,
pig, or domestic fowl. (Germantown,
Tenn.)
An animal that is tame or domesticated
and not normally found in the wild state.
Hybrids of animals normally found in
the wild state are not included within the
meaning of domestic animal. (New Castle
County, Del.)
Any of various animals adopted by man
so as to live and breed in a tame condi-
tion. (Woodbury, Minn., which uses the
term "domesticated animal")
Any animal that has been bred and/or
raised to live in or about the habitation of
humans and is dependent on people for
food and shelter. (Ft. Collins, Colo.)
. animal-drawn carriage Any car-
riage, buggy, rickshaw, or similar device
drawn by one or more persons or ani-
mals in which the public, for a fee, is al-
lowed to ride for purposes of transporta-
tion, entertainment, or amusement.
(Glendale, Ariz')
. animal, exotic Any member of a
species of animal, reptile or bird, warm
or cold blooded, that is not indigenous to
the environs of the parish and/ or is not I
classified or considered as wildlife, live-
stock, or domestic animal. (Jefferson .
Parish, La.)
Any wild animal not customarily con-
fined or cultivated by man for domestic
or commercial purposes but rather kept
as a pet or for display. (Manhattan Beach,
Calif)
. animal, farm Any animal that cus-
tomarily is raised for profit on farms and
has the potential of causing a nuisance if
not properly maintained. (Pomfret
Township, N.Y.)
. animal grooming service Any
place or establishment, public or private,
35
ge LivePublish
4 -0- - - - --
en small animals or fowl are kept for sale within a produce market, commission house or store, or when such small
Imals or fowl are kept for purposes of research in a laboratory they shall be confined in coops, boxes or cages.
Every structure or other yard establishment shall be kept so that no offensive or obnoxious odor shall arise therefrom to the
injury, annoyance or inconvenience of any inhabitants of the neighborhood.
F. Every structure or other yard establishment shall be provided with a water-tight and fly-tight receptacle for manure, of
such dimensions as to contain all accumulation of manure, which receptacle shall be emptied sufficiently often and in such
manner as to prevent it becoming a nuisance. Such receptacle shall be kept securely covered at all times, except when
opened during deposit or removal of manure or refuse. No manure shall be allowed to accumulate except in such receptacle.
All such manure, when removed from the receptacle, shall be buried with a covering of not less than six inches (6") of earth;
or, ifused for fertilizer, thoroughly spaded into the ground; or shall be removed from the property. This section does not
apply to agricultural ventures or as stated in Section 3.01.010 of this Code.
G. All yards or runways wherein fowl are kept shall be chemically sprayed to eliminate flies and shall be spaded and limed
once every three months from the month of April through the month of December and more frequently as may be required to
keep the same at all times in a clean and sanitary condition.
10/20/00 (14626)
3 - 10
City Code, Indep., MO
,~
93.02.006
H. All structures wherein small animals or fowl are kept shall be maintained in a clean and sanitary condition at all times, ~ II
devoid of all rodents, refuse Wld vennio Wld free from all offensive odors. The interior walls, ceiling, floors, partitions Wld .
appurtenances of all such structures shall be whitewashed or painted annually, or as often as the Director shall direct. The
enclosed area of all such structures shall be constructed in such a way as to be dry at all times on the inside. The Director
.ay at any reasonable time inspect any such structure or premises and issue any order as may be necessary to carry out the
rovisions of this section.
I. All fowl kept for sale or commercial purposes shall be kept in such manner as to prevent any nuisance or health hazard, as
the Director shall from time to time direct.
J. Chickens, goslings, ducklings, or rabbits younger than eight weeks of age may not be sold or given away in quantities of
less than twenty-five to a single purchaser or recipient.
SEC. 3.02.007. OFFENSIVE ODORS FROM ENCLOSURES IN WHICH ANIMALS ARE KEPT.
It shall be unlawful for any person to keep any animals or fowl in a pen, shed or yard within the City from which any
deleterious or offensive odors shall be emitted. The maintaining of any of the above mentioned animals or fowl in such
condition shall of itself constitute a nuisance.
SEC. 3.02.008. INDECENT EXHIBITION OF ANIMALS.
No person shall indecently exhibit, or cause or allow to be indecently exhibited, any stallion, ass, boar, ram or any other male
animal, or let, or cause to be let, any such animal to any other animal of the opposite sex unless they be in an enclosed place
and entirely out of the public view and hearing. This section does not apply to agricultural ventures or as stated in 3.01.010 of
this Code.
SEC. 3.02.009. ABUSE AND/OR NEGLECT OF ANIMALS OR FOWL.
A. No person shall override, overload, torture, tonnent, neglect to provide adequate sustenance, shelter or veterinary care,
beat, mutilate or needlessly kill any animal or fowl. No person shall chain or tether an animal or fowl such that it becomes
.tangled or injured. It shall be unlawful to leave unattended any pet in a vehicle when said vehicle does not have adequate
ventilation and temperature control to maintain a comfortable environment for the animal or fowl. Animals transported in
open trucks must be cross tied such that the animal cannot fall from the vehicle or injure persons passing by the vehicle.
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Page 5 of 10
that such Vietnamese potbellied pig has been vaccinated against pseudorabies
prior to issuing such lice
nse.
(b) The following sections applicable to dogs shall also apply to
( domesticated Vietnamese potbellied pigs acquired prior to November 1, 1995:
sections 14-20, 14-21, 14-23, 14-24, 14-25, 14-26, 14-27, 14-31, 14-32 and
14-33. Sections of this chapter applying to animals in general shall also apply
to domesticated Vietnamese potbellied pigs.
(c) After November 1,1995, all newly acquired Vietnamese potbellied pigs
shall be maintained in accordance with sections 14-1 and 14-12 of this chapter.
Sec. 14-15. Keeping of small animals and fowl in pens.
(a) Location of pens; enclosure required. It shall be unlawful for any
person to keep or maintain any chicken coop, dove cote, rabbit hutch or other
pen, cage or enclosure for the housing of fowl or small animals, except dogs
and cats, closer than 100 feet to the nearest portion of any building occupied
by or in any way used by human beings, other than the dwelling occupied by the
owner or keeper of the animals or fowl, or closer than 25 feet to the property
line of the lot on which such fowl or animals are kept for sale within a bona
fide produce market, commission house or store for purposes of trade and while
so kept are confined in small coops, boxes or cages, or where such animals or
fowl are kept for purposes of research in a laboratory. Animals and fowl so
kept or maintained shall be enclosed on all sides and shall not be allowed to
run or fly at large, except for homing pigeons.
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(b) Control of odors. Every coop, dove cote, rabbit hutch or other yard
establishment shall be kept so that no offensive, disagreeable or noxious smell
or odor shall arise therefrom to the injury, annoyance or inconvenience of any
inhabitants of the neighborhood.
(c) Storage and disposal of manure. Every coop, dove cote, rabbit hutch
or other yard establishment shall be provided with a watertight and fly tight
receptacle for manure, of such dimension as to contain all accumulations
thereof, which receptacle shall be emptied sufficiently often and in such
manner as to prevent its becoming a nuisance. Such receptacle shall be securely
covered at all times except when open during the deposit or removal of manure
or refuse therefrom. No manure shall be allowed to accumulate except in such
receptacle. All such manure, when removed from the receptacle, shall be buried
with a covering of not less than six inches of earth, or, if used as
fertilizer, thoroughly spaded into the ground, or shall be removed from the
property.
(d) Maintenance of enclosures for fowl. All earthen yards or runways
wherein fowl are kept or permitted to be shall be spaded and then limed once
every three months from the month of April through the month of December. For
the purpose of killing flies and other insects, all structures, pens or coops
wherein fowl are kept or permitted to be shall be sprayed with such substances
as will eliminate such insects.
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(e) Condition of enclosure; inspections. Any structure, pen, coop or yard
wherein animals or fowl are kept or permitted to be shall be maintained in a
clean and sanitary condition, devoid of all rodents and vermin, and free from
objectionable odors. The enclosed area of all such structures shall be
constructed in such a way as to be dry at all times on the inside. The person
maintaining any such structure, pen, coop or yard in the city does by such act
of maintenance authorize the director of health to at any time inspect any such
structure or premises and issue any such order as may be necessary to carry out
the provisions of this section.
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http://www.kcmo.orglords.nsf/fl f5 83 5d80c525 5 786256c8e007 495bO/485ea3 f821 e56fOc8... 6/18/2003
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
U
City Planning Commission \ If
FROM:
Lee Smick, AICP
City Planner
SUBJECT:
Zoning Code Text Amendments for Title 10 Chapter 6
Section 24: Model Home Ordinance
DATE:
July 8, 2003
INTRODUCTION
The City of Farmington is proposing revising Title 10 Chapter 6 of the City Code to add
a new section concerning Model Homes. The reason for proposing the inclusion of a
model home ordinance arose from an issue by two residents concerned about a model
home being opened on a cul-de-sac in the City. The residents discussed the issue at a
recent City Council meeting and staff then began preparing a new ordinance to
regulate model homes.
DISCUSSION
Issues Concerning Model Homes
A number of issues led to the preparation of a model home ordinance. The residents
who spoke at the City Council meeting were concerned about the length of time a
model home would be open, traffic issues on a cul-de-sac with a model home, and the
opening of a model home in a neighborhood without any prior notice to the adjoining
neighbors.
Additionally, staff has been concerned about numerous requests from builders to
begin construction of model homes before roads and infrastructure have been
completed. The need for an ordinance to regulate these requests prompted the
drafting of the ordinance.
Proposed Ordinance Language
Staff proposes to deal with a number of issues concerning model homes including
limiting the number of building permits until roads are paved and infrastructure is
installed and tested. Additionally, no final certificate of occupancy will be issued
until all infrastructure improvements have been completed. Each model home or
temporary real estate office will require an administrative permit in order for the City
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to regulate the amount of model homes within a subdivision phase and to be apprised
of the location of the model home/temporary real estate office. Temporary parking
facilities for the temporary real estate office will also be required. Lighting and
signage will be regulated for the model homes/temporary real estate office as well in
order to insure that nuisance complaints are not received from adjacent residents.
The administrative permits shall terminate 3 years from the date of the issuance or
when 85% of the development is completed. This will insure that model homes are
not open for an indefinite period of time.
Staff would like the Planning Commission to review the ordinance and suggest any
revisions to be made. Staff will also be looking to the Planning Commission for
direction in disseminating this information to the builders and developers in the
community for their input before a recommendation is made by the Planning
Commission. Staff will prepare the ordinance after comments are received from the
builders and developers and will present the ordinance at the August 12, 2003
Planning Commission meeting.
ACTION REQUESTED
Review the Model Home Ordinance and comment on the language included in the
ordinance and direct staff to disseminate this information to the builders and
. developers in the community for their review and comment.
Respectfully submitted,
~-52G
Lee Smick, AICP
City Planner
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CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 10 CHAPTER 6 OF THE
FARMINGTON CITY CODE, THE CITY'S ZONING ORDINANCE
CONCERNING MODEL HOME PERMITS
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Title 10, Chapter 6 of the Farmington City Code is amended to add a
new section 24 to read as follows:
10-6-24: MODEL HOMES:
(A) Purpose: The purpose ofthis section is to provide for the erection of model
homes, which may include temporary real estate offices, in new subdivisions
without adversely affecting the character of the surrounding residential
neighborhoods or creating a general nuisance. As model homes represent a
unique temporary commercial use, special consideration must be given to the
problems associated with them and special standards must be applied to
ensure reasonable compatibility with their environment.
(B) Procedure: The erection of a model home(s) and temporary real estate
office(s) shall require an administrative permit, as may be issued by the
Zoning Administrator.
(C) Qualifications: To qualify for a building permit for a model home, which may
include a temporary real estate office, the following shall be required:
1. Upon receipt of final plat approval and recording, one (1) building permit
for each builder not to exceed 10% of the final plat phased may be
granted. The Fire Marshal will determine if emergency access to the
model home from improved roads in the subdivision is adequate before
the permit is issued. Water supply must also be available along with the
completion of disinfection testing and approval by the City before
combustible material is installed on the building._No Building Permit will
be issued until the first lift of asphalt is completed. No final certificate of
occupancy shall be issued until infrastructure improvements including the
first lift of asphalt have been completed and approved by the City.
2. Upon completion of infrastructure improvements including the first lift of
asphalt within the respective final plat subdivision, additional building
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permits may be issued for model hQmes and/or temporary real estate
offices, provided that the number of model homes and/or temporary real
estate offices shall not exceed ten (10) percent of the lots with the
respective final plat.
(D)
Restricted Use: Model homes and model homes with temporary real estate
offices shall be used solely for the display and sale of home fixtures and
products, and real estate for the subdivision in which they are located unless
approved by the Zoning Officer.
(E)
Special Requirements:
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I. Model homes and model homes with temporary real estate offices shall be
allowed in all residential zoning districts in which they are located and
shall be utilized solely for selling purposes oflots and/or homes within the
subdivision in which it is located.
2. Temporary parking facilities equal to four (4) paved spaces for a
temporary real estate office shall be provided. The overall design,
drainage, and surfacing of the temporary parking facility shall be subject
to the approval of the Zoning Officer.
3. Access from a temporary parking facility shall be directed away from
developed and occupied residential neighborhoods to the greatest extent
possible.
4. No model home or model home with a temporary real estate office shall
incorporate outside lighting which creates a nuisance due to glare or
intensity, as provided for in Section 10-6-8 of the City Code.
5. All signage shall comply with the sign regulations as contained in Section
10-6-3 for the zoning district in which the model home and/or temporary
real estate office is located.
6. No residential certificate of occupancy shall be issued for a model home or
model home with a temporary real estate office until such time as the
structure has been fully converted to a residence in compliance with the
International Building Code. Additionally, such conversion shall include,
but not be limited to, parking lot restoration and the removal of signage
and lighting.
7. The restoration of all temporary parking areas with appropriate
landscaping shall be completed by the end of the following growing
season.
8. The administrative permit shall terminate three (3) years from its date of
issuance or when eighty-five percent of the development is completed,
whichever occurs first, unless otherwise extended by the Zoning
Administrator.
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SECTION 2. Effective Date. This ordinance shall be effective upon its passage and
publication according to law.
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ADOPTED this _day of
Farmington.
ATTEST:
SEAL
, 2003, by the City Council of the City of
CITY OF FARMINGTON
By:
Gerald Ristow, Mayor
By:
City Administrator
By:
City Attorney
Published in the Farmington Independent the _ day of
I 1()6S3x
, 2003.
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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
\tfv
FROM:
Lee Smick, AICP
City Planner
SUBJECT:
Zoning Code Text Amendments for Section 10-6-17 (E):
Wetland Buffers
DATE:
July 8, 2003
INTRODUCTION
The City of Farmington is proposing reV1Slons to Section 10-6-17 (E) concerning
Wetland Buffers in the Zoning Code. A number of issues involving wetland buffers
platted within private residential lots have made the City review the standards
concerning the buffers.
DISCUSSION
Wetland Buffer Requirements
The wetland buffer provides a native natural environment and a necessary habitat for
many birds and native wildlife adjacent to a wetland. Property owners with wetland
buffers are encouraged to leave dead trees and branches in the buffer area, providing
the habitat needed for the native wildlife. Clearing and removal of vegetation in the
buffer area is prohibited, except for selective clearing and pruning of individual trees
and shrubs which are dead or diseased and the clearing of noxious weeds or hazards.
All buffer areas are measured from the wetland edge as marked in the field. Section
10-6-17 (E) subd. 8 identifies the buffer area widths depending upon the type of
wetland the buffer is adjacent to in the field. As shown in the table in this Section,
the wetland buffer width may vary from 100 feet to 0 feet.
Issues with Wetland Buffers Platted Within Residential Lots
The City currently allows wetland buffers to be platted within a residential lot.
Recent issues concerning homeowners not abiding by the wetland code have caused
the City to review the wetland buffer ordinance. A number of builders preparing lots
along the south side of 200th Street in Charleswood have graded the wetland buffers
and removed the vegetation, which is prohibited by ordinance. Most residents that
moved into these homes south of 200th Street did not realize the restrictions placed
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on their lots and have either encroached into the wetland buffer with structures or
gardens or have become upset after learning that their yard space is smaller than
they expected due to the wetland buffer. For these reasons, the City determined
that a revision to the wetland buffer ordinance was needed in order to relocate the
wetland buffers outside of the residential lots.
Berne/its to the WetLand Buffer ReLocation
There are a number of benefits to the newly crafted ordinance including the
following:
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1. The buffers would be platted with the outlot that includes the wetland. This
outlot is typically dedicated to the City where City control benefits the wetland
and wetLand buffers.
2. The homeowner may utilize his entire property with the exception of required
setbacks and easements.
3. The orange fences erected to delineate the buffers will inform the homeowner
that encroachment is not allowed beyond the fence.
4. The disturbed portions of the buffers will be seeded, mulched, and disked,
insuring that the disturbed areas of the wetland buffer is prepared for native
vegetation and wildLife.
5. The monumentation required to identify the buffer and wetland areas will
assist in informing the homeowner where the boundary line for the buffer is
located.
WetLand Buffer Ordinance
The ordinance proposes that the wetland buffer be Located outside of lots. A buffer
setback of 10 feet to structures within the Lot will be the onLy encroachment of the
wetland buffer within the property. The wetland edge and wetland buffer
delineation line will be required on plans submitted to the City. An orange fence and
monumentation will be erected during construction to identify the wetland buffer
area and shall not be removed until sod is installed on all Lots adjacent to the wetland
buffer. Additionally, building permits shall not be issued until the orange fence and
monumentation is installed and disturbed areas of the buffer are seeded, mulched,
and disked. Finally, the monumentation will be required at every lot corner or every
300 feet, whichever is less, and at all angle points of a lot.
ACTION REQUESTED
Recommend approval of the amendments of Section 10-6-17 (E) concerning Wetland
Buffers and forward the recommendation to the City Council.
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Lee Smick, AICP
City Planner
. 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. Buffer area
vegetation shall be established and maintained in accordance to the following
requirements: (see illustration filed in the office ofthe city clear). (Submit exhibit to
Sterling) The following requirements shall be met concerning the wetland buffers:
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(a) The wetland buffers shall not be platted as an easement within a lot. Buffer areas
shall be platted outside of a lot and shown as part of the outlot for the adiacent
wetland.
(b) A wetland line and wetland buffer delineation line needs to be shown on the plan
submitted to the City.
(c) An orange fence shall be erected at the wetland buffer line during construction
and shall not be removed until sod is installed on all lots adjacent to the wetland
buffer.
(d) Permanent monumentation shall be erected at the time of the installation of the
orange fence as required in Section 10-6-17 (E) sub. 4 of the City Code.
( e) Building permits shall not be issued until orange fence and monumentation is
installed and disturbed areas of buffer are seeded. mulched. and disked.
2. Buffer area vegetation shall be considered adequate when the buffer has a continuous,
dense layer of perennial grasses, flowers, trees and/or shrubs that ha'le been undisturbed
for at least ten (10) consecutive years. Vegetation shall be considered unacceptable if:
4. Buffer areas shall be identified by permanent monumentation acceptable to the city:-
In residential subdivisions, a monument is required for each lot. In other situations, a
monument is required for each three hundred feet (300') ofvfetland edge. at every other
lot comer or every three hundred feet (300'). whichever is less. and at all angle points of
lot.
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