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HomeMy WebLinkAbout05.13.03 Planning Packet '''4 City of Farmington 325 Oak Street Farmington, MN 55024 . A Proud Past - A Promising Future Committed to Providing HI9bQpalfty, Timely and Responsive SeIVi~e to All Of Our Custom,rs .. .' AGENDA PLANNING ,COMMISSION MEETING REGULAR May 13, 2003 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) April 8, 2003 . b) April 29, 2003 (Spedal Meeting) PUBLIC HEARINGS a) Variance from the Minimum Setback Requirement for Accessory Structures and a Variance fl'lom the Maximum Height Requirement for Accessory Structures to Construct a Garage at 611 Walnut Street. Applicant: Stephen Hawkinson An Ordinance Amending Section 11-4-9 of the City Code Imposing Park Land and Trait Dedication Requirements. Applicant: City of Farmington PreliminaryPanq Final,:Plat- Riverside West Applicant: Jackaenedict and Brian Budenski b) ~) 4. DISCUSSION a) AppeatofaZoning Officer Detision Regarding Building Materials in the Industrial Park Applicant: Jan Karrmann 'b) Discussion Regarding Design Standards in the Industrial Park.Zoning District (Or~l Report) 5. ADJOURN." . . . 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 ,tf& Jim Atkinson Assistant City Planner Variance Request - Minimum Setback Requirement and Maximum Height Restriction for Accessory Structures Applicant: Stephen Hawkinson - 611 Walnut Street May 13, 2003 The applicant, Stephen Hawkinson, is seeking a variance from the minimum setback requirement to construct a garage three (3) feet from an alley and a variance from the maximum height requirement to allow the garage to be constructed to a height of 22 feet. The property is located at 611 Walnut Street and is zoned R-D, Downtown Residential. PLANNING DIVISION REVIEW Applicant: Attachments: Property Location: Existing Zoning: Stephen Hawkinson 611 Walnut Street Farmington, MN 55024 1. Site Plan 2. Elevation Drawing 611 Walnut Street R-D (Downtown Residential) 2020 Comprehensive Plan: Low / Medium Density Residential Existing Land Use: Single-Family Residence . . . DISCUSSION The subject property is currently a nonconforming parcel. The lot is 50 feet wide, which is ten (10) feet less than required by the Zoning Code in the R-D Zoning District. The total area of the parcel is 8,500 square feet, which does comply with the Code. Since the applicant's request does not alter the condition of the nonconforming width, the request is not in violation of the nonconforming provisions found in the City Code. Minimum Setback Requirement According to the City Code, accessory structures (including detached garages) in the R-D 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 three (3) feet from the alley that is adjacent to the rear property line. According to the applicant, the reason for this location is to allow a 1 DO-year old tree to remain. The location of the tree is shown on the attached site plan. Maximum Height Requirement According to the City Code, accessory structures (including garages) are limited to 20 feet in height. According to the applicant, the extra height is needed for an oversized garage door to accommodate a daycare van that would otherwise be parked in the driveway. Additional space in the garage would also be used for needed storage. 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. 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. 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. 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. 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. 6. The requested variance is the minimum action required to eliminate the hardship. ACTION REQUESTED Consider the requested variances. The Planning Commission may act on anyone of the following options: 1. Approve both variances. 2. Approve one variance and deny one variance. 3. Deny both variances. 4. Continue the public hearing in order to receive additional information. Respectfully submitted, <7~ fiL- Jim Atkinson Assistant City Planner 3 . . . Requested Variance for 611 Wa1nut st proposed New Garage Construction Variance 1 Set Proposed Garage 3 ft off the alley . To match neighboring existing garage location . Avoid cutting down 100 yr old tree . Maximize usage of non-standard lot size. Variance 22ft higher peek of Garage (22ft. total) . Allow for lofted storage area. storage needed due to small primary residence. . Primary Garage use is to park passenger van for daycare during non-use. Higher door requirement mnr van equate to either loss of loft storage or higher peek . Non-standard lot size requires better land usage . Alley 3 Ft roposed Garage approx. J oon Sq Ft ~ u. 00 ("r) 26 Ft . 611 Walnut St ~~ary i"\':..<.'.,..,>>.:...,:...........".:;:::....;_':.::.:>.:.:....'.:-<..<,:..i{?:.,...-...:-... .. "'_.,'-:'".. "". ........ ._,' ....-. ~ I:J;.. V) ~ 50 Ft ~ . Walnut 8t ~ ~ r- ~ . ><: o $0-4 ~ ~ ~ ...... ~ o r- ~ . . ~ ,J . ~ (l) .......-" ~ = - - -- - e.l = .. - ~- =rr; =- u = "0= ~= ~~ =- .. - Q..\C . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: Farmington Planning Commission FROM: Randy Distad, Parks and Recreation Director RE: Park, Open Space and Trail Dedication Ordinance DATE: May 13, 2003 INTRODUCTION The City of Farmington has an existing Ordinance that pertains to dedicating land for parks. The Park and Recreation Advisory Commission has reviewed a draft ordinance that repeals the existing Park Dedication Ordinance and creates a new Park, Open Space and Trail Dedication Ordinance. . DISCUSSION The proposed Park, Open Space and Trail Ordinance has several significant new requirements and are as follows: . Land required for parks, open space and trails is now determined by density rather than a flat percentage . A requirement that the developer entirely pay for trails to be constructed in the development when the trail has been identified on the City's Trail Plan . A requirement for the developer to pay half of the cost to develop the new park that is based on an average park development Cost of $30,000.00 an acre . The Developer must have graded and seeded the park land prior to deeding it to the City. In addition to these new requirements, attached to this memo is a description of other changes that are being proposed from the existing Ordinance to the new Ordinance (Exhibit A). Legal review of the proposed Ordinance has been completed by City Attorney, Joel J amnik. BUDGET IMPACT I would also like to provide two examples of how the new proposed Ordinance would compare to the existing Ordinance. The two examples are attached. . In Example A, a developer is planning on developing a parcel of land that has gross acreage of 160 acres. The City determines that it would like to have a 10-acre park and . . . the remaining park dedication requirement would be taken as cash-in-lieu ofland. In this development there is going to be a total of one mile of trails. Three-fourths of the mile of trail is shown on the City's trail plan. Under a hypothetical scenario, the following is an example of how the density for the development and the land required to be dedicated for parks could be broken out: . 55 acres at 8 units per acre at 14% . 40 acres at 3.2 units per acre at 12% . 20 acres at 11 units per acre at 15% TOTAL 7.7 acres 4.8 acres 3.0 acres 15.5 acres In Example B, a developer is planning on developing a parcel ofland that has gross acreage of 80 acres. The City would like to take 4 acres in park dedication and the remaining acreage would be taken as cash-in-lieu. Within the development, there will be a total of a half mile of trail. The entire trail is shown on the trail plan. Under a hypothetical scenario, the density for the development and the land required to be dedicated for parks could be broken out in the following manner: . 16 acres at 3.1 units per acre at 12% . 30 acres at 6.6 units per acre at 13% . 10 acres at 14 units per acre at 16% TOTAL 1.92 acres 3.9 acres 1.6 acres 7.42 acres As you can see from the examples, under the new proposed Ordinance, the developer dedicates less land but contributes funding towards the costs to develop the park and trails in the development rather than the City entirely paying the park and trail development costs from the park dedication cash-in-lieu fees. ACTION REQUESTED Hold a public hearing on the proposed new Park, Open Space and Trail Dedication Ordinance, provide comments on the proposed Ordinance and forward it to the City Council for consideration. ~es. ectfu.llYllitV. b~itted , r; . ~.dtI'{ Randy Distad Parks and Recreation Director . 3: o Q. :;o-3i CD :T n .QCD!, C 0-' -. 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This Ordinance is adopted for the purpose of providing for the recreation, health, safety and welfare of the public through the orderly development of recreation areas and the conservation of natural resources and scenic beauty in the City of Farmington. The City Council finds that the dedication requirements ofthis Ordinance are necessary to meet the minimum needs for parks, trails, wetlands and open space resulting from development of the uses subject to this Ordinance. (B) Land Dedication Reauired for Parks. Trails and Open Space. Minnesota Statutes Section 462.358, Subd. 2b provides that municipal subdivision regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, playgrounds, trails, wetlands, or open space, and that the municipality may alternatively accept an equivalent amount in cash. In every plat, re-plat or subdivision of land allowing development for residential, commercial, industrial or other uses or any combination thereof, or where a waiver of platting is granted (but excluding simple lot line adjustments which do not create additional lots), or when required by Paragraph C below, a reasonable portion of such land shall be set aside and dedicated by the owner or developer to the general public for parks, trails or public open space, or an equivalent amount in cash shall be paid to the City. For purposes ofthis Ordinance, the term "developer" includes all owners, developers or subdividers who have an interest in or control over the land to be subdivided. It is hereby found and declared that, pursuant to Minnesota Statutes, Section 462.358, Subd. 2b, it is reasonable to require dedication of an amount of land equal in value to that percentage of the undeveloped land set forth in Paragraph C below. It is also found that the primary users of neighborhood parks live in close proximity to the park. Said land shall be suitable for public use as parks, trails, and open space or for one of those purposes, as shall be determined in the sole discretion ofthe City, and the City shall not be required to accept land which will not be useable for parks, trails or open space or which would require extensive expenditures on the . part of the City to make them useable. The City will not give park dedication credit for floodplains, wetlands, stonnwater ponding areas, or for required sidewalks or walkways within road right of ways. All land dedicated for parks, trails, and/or open space shall be designed to incorporate natural features as much as possible such as river, streams, wildlife habitats, woodlands, and ponding areas. This dedication shall be in addition to the land dedicated for streets, alleys, storm water ponds or other public purposes. (C) Dedication Formula for Parks Land. Trails and Open Space. The amount of land required to be dedicated by a developer for park, trail or open space shall be based upon the net area (gross area minus area required for public streets and storm water detention pond areas) of the land to be subdivided which could be developed for residential, commercial, industrial or other non-residential purposes, shall be determined at the time of preliminary plat approval, and shall be calculated as follows: (1) Residential Development. . Dwelling Units/Acre 0-2.5 2.6-5.0 5.1-7.5 7.6-10.0 10.1-12.5 12.6-16.0 Land to be Dedicated for Parks, Trails and Open Space 11% 12% 13% 14% 15% 16% For each additional 2.5 units over 16/acre, add .25%. If a lot which was a platted lot before the effective date of this Ordinance is split into two (2) lots, the land to be dedicated shall be five percent (5%) of the original lot. (2) Industrial Development. In industrial developments, five percent (5%) of the gross area included in the land to be subdivided shall be dedicated for parks, trails and open space. (3) Commercial Development. The park, trail and open space dedication requirement of the land to be subdivided for a commercial, light industrial and/or non-residential subdivision or development shall be five percent (5%) of the gross area included in the land to be subdivided. (4) Mobile Home Park Development. The park, trail and open space dedication requirement for a mobile home park shall be based on the same requirements as Paragraph C (1) and shall be determined prior to the developer receiving approval of the site plan for such development. . (D) Conformance with Comprehensive Plan. Land dedicated under this Ordinance shall reasonably conform to the City's Comprehensive Plan. The Planning Commission and Park and Recreation Advisory Commission shall recommend to the City Council to adopt as part of the Comprehensive Plan the location of land for future parks, trails and open spaces . in the City. If the Comprehensive Plan for the parcel of land to be subdivided calls for public property in excess ofthat required by Paragraph C, the Planning Commission and City Council shall, before approval or disapproval of the preliminary plat, consider the Comprehensive Plan and determine whether to take the necessary steps to acquire, by purchase or condemnation, all or part of the additional public property as called for by the Comprehensive Plan. If the City's Trail Master Plan shows a trail within a development, it must be dedicated by the owner. (E) Cash in Lieu of Land. The City shall have the option to require cash contributions in lieu of accepting dedication of land or, if the City Council determines that land is needed in the development, but in a lesser amount than the required proportionate share, the Council may require payment of cash in lieu ofland dedication based on a pro-rata share of the land dedication that otherwise would be required. Contributions of cash in lieu of land shall be placed in a special reserve park fund which shall be held and used by the City to acquire land for, or to improve, parks, playgrounds, trails or public open space. (F) Timim!. The requirements of this Ordinance for dedication of land or for contribution of cash in lieu of land shall apply at the time of final plat approval, replat, minor subdivision, or waiver of platting, and shall apply to any plat, replat, subdivision, waiver of platting, or development which receives final approval after the effective date of this Ordinance. . (G) When Cash Shall Be Required. The City shall require a cash payment in lieu of park, trail and open space dedication whenever the proposed dedication of land for public use is not suitable for the intended use, is too small for practical maintenance, or whenever cash payment would be more beneficial to the development of the overall park system than dedication ofthe land within the property to be developed. (H) Determination of Cash Payment. If the City elects to accept a cash payment in lieu of land for park, trails or open space dedication for a residential, industrial, commercial, or other non-residential development, the developer shall pay to the City the appraised fair market value of the land (at the time of final plat approval) that would otherwise be dedicated for park, trail and open space under Section 1310: 1303. The total amount of cash payment in lieu of land owed to the City shall be determined by taking the total number of acres owed multiplied by the per acre appraised fair market value of the total development. If the development already benefits in some way from previous improvements such as streets, utilities or other improvements at the time ofthe final plat, these improvements will be included in determining the appraised fair market value of the land. The appraised fair market value ofthe land shall be determined by a qualified licensed appraiser and shall meet the Uniform Standards of Professional Appraisal Practice. The appraiser shall be mutually selected by the City and the developer. The appraisal fee shall be paid by the developer. . (I) Combination of Land and Cash Dedication. If the City accepts land for park, trails or open space dedication in less than the amount required by Paragraph (C), the developer shall pay to the City the appraised fair market value of the land in excess of the percentage ofland required to be dedicated. The appraised value of the excess land shall be determined by the method specified in Paragraph (H). . (J) More Dedication. Ifthe City requires park, trails or open space dedication in excess of the amount ofland required by Paragraph (C), the City shall pay to the developer the fair market value ofthe land in excess of the percentage ofland required to be dedicated. The fair market value of the excess land shall be determined by the method specified in Paragraph (H). (K) Dedication Process. Prior to the dedication of the required property, the developer shall provide the City with evidence of title in a form acceptable to the City Attorney or a title insurance policy insuring the City's interest in the property. In any dedication of required land, the developer must have good and marketable title to the land, free and clear of any mortgages, liens, encumbrances or assessments, except easements or minor imperfections of title acceptable to the City. (L) Modification of Reauirements. The dedication requirements based on the development's proportional share ofthe City park system are presumptively appropriate. A developer may request a deviation from the presumptive requirements based upon the anticipated impact of that particular subdivision. The request must be made to the City Council as part of an application for final plat approval. The City Council, after consideration of the request, may modify or reduce the requirements of this ordinance. . (M) Trail Construction. When the City's Trail Master Plan identifies a trail or trails to be constructed in the land to be subdivided, the developer_shall be required to pay for the construction of the trail improvements. The construction specifications of trails shall be determined by the City Engineer and Parks and Recreation Director. Whenever possible, trails shall connect with existing trails and/or sidewalks. The City's Planning Division, Parks and Recreation Department and Engineering Department shall determine when it is feasible for trails to be constructed to encircle ponding or wetland areas. (N) Review bv Parks and Recreation Director. The City's Planning Division shall transmit a copy of all development plans involving land to be dedicated for parks, trails and open space to the Parks and Recreation Director who shall report back to the Planning Division on the appropriateness of any proposed park, trail and open space dedication. (0) Credit for Private Open Space. Where a private open space for park, recreation or trail purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, a credit of up to twenty-five (25) percent of the requirements of Section (C) may be given, provided that the following conditions are met: (1) That such land area is not occupied by non-recreational buildings and is available for the use of all residents ofthe proposed subdivision. (2) That required setbacks shall not be included in the computation of such private open space. . (3) That the use ofthe private open space is restricted for park, recreational and trail purposes by recorded covenants which run with the land in favor of the . future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the City Council. (4) That the proposed private open space is of an appropriate size, shape, location, topography and usability for park, recreational and trail purposes or contains unique natural features that are important to be preserved. (5) That the proposed private open space reduces the demand for public recreational facilities to serve the development. (P) Park Tree Requirements. The subdivider or developer shall preserve all existing trees to the greatest extent possible during the grading process on the land that is to be dedicated for a park, trail or open space. In cases where a significant tree or trees are lost during the grading process on the land that is to be dedicated for parks, trails or open space, the developer shall be required to replace each significant tree lost with two new trees that are at least two inches in caliper. (Q) Other Conditions To Be Met Prior to Deedinl!:. Prior to dedicating land for park, trails, or open space, the land shall meet the following conditions: (1) Grading in the park shall conform to the grading plan as approved by the City Engineer and Parks and Recreation Director. . (2) Rocks that are two (2) inches or greater in diameter shall have been removed from the land. (3) A minimum of four (4) inches of black dirt shall have been provided by the developer dependent on subsoil material as determined by the City Engineer and Parks and Recreation Director. (4) A perennial grass shall have been seeded in the amount of 50-75% Kentucky Bluegrass and 25-50% Perennial Ryegrass. During the initial seeding of the park, a quick establishing annual grass such as oats should be seeded to prevent soil erosion until the perennial grass has an opportunity to become established. (5) Before the filing of the final plat, the owner shall have provided an Irrevocable Letter of Credit, Performance Bond, or Cash Escrow in the amount of the improvements to be made to the park, to ensure that all improvements will be completed. Financial guarantees shall be equal to the sum of one hundred and twenty-five percent (125%) of the total cost, including materials and labor. The City shall be entitled to reimburse itself out of said fund for any expenses incurred by the City to correct or complete the work. . (R) Park Development Required or Alternative Fee. Where land is required to be dedicated for parks, trails or open space the developer shall improve the park land with minimum improvements specified or agreed to by the City, or an equivalent park . . . development fee shall be paid by the developer to assist in funding the development of a park which will serve the new subdivision. The minimum improvements or park development fee will be based on an average cost of $30,000.00 per acre to develop a park. If the City determines to require a fee in lieu ofthe minimum improvements, the developer will be charged $15,000.00 of the costs to develop each acre of park and the City will pay the remaining costs to develop the park. The park development fee will be adjusted annually for inflation based on the National Engineering News Record Construction Cost Index starting January 1,2004. The park development fee shall be deposited in a special reserve park fund and shall only be used for the development of the park, trails and open space dedicated in the land to be subdivided. In cases where cash in lieu of land is taken, the park development fee shall be deposited in the special park reserve fund and shall be used in the development or improvement of other public parks, trails or open space that are located in the closest proximity to the development. The City shall allow the developer to either pay the entire park development fee at the time of final plat filing or to pay the park development fee on a per unit basis at the time that a building permit is issued for each unit to be constructed in the development, provided that all park development fees shall be paid within five (5) years of approval of the final plat. (S) Initial Development of Land Dedicated for Parks and Trails. The Parks and Recreation Advisory Commission shall determine the schedule for developing land dedicated for new parks and trails. (T) Infrastructure. The developer shall bring utilities a reasonable distance inside the property line of the future park, as determined by the City Engineer, and shall cap them off at no cost to the City. Utilities shall include gas, storm sewer, water, electricity and sanitary sewer. The location where such utilities are to be brought into the future park shall be determined by the City Engineer and Parks and Recreation Director. (U) Park and Trail Access. All land dedicated for parks shall have at least one hundred and fifty (150) feet of street frontage on at least one side. All trails shall have at least a twenty (20) foot wide access where the trail connects to a street or sidewalk. Section 2. Effective Date. This ordinance shall be effective immediately upon its passage and publication. . . . 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 .dl{/ Jim Atkinson V'< Assistant City Planner FROM: SUBJECT: Riverside West Preliminary and Final Plat DATE: May 13, 2003 INTRODUCTION The applicants, Jack Benedict and Brian Budenski, are seeking approval of the Riverside West Preliminary and Final Plat. The plat consists of five (5) lots and an outlot on approximately 5.7 acres of land located at the northeast corner of Akin Road and 20ath Street, west of Riverside Estates. The Planning Commission reviewed the proposed plat at their meeting on April a, 2003 and again on April 29, 2003. The Commission continued the Public Hearing to May 13 in order for the applicants to clarify their proposal regarding the existing cul- de-sac. The proposed plat included with this memo has been modified since the April 29, 2003 meeting. The current version of the plat shows a revised street configuration connecting the existing cul-de-sac to the proposed cul-de-sac. PlanninR Division Review Area Bounded By: Agricultural land to the north, Akin Road to the west, Riverside Estates to the east, and 20ath Street to the south. Existing Zoning: R-1 - Single Family Residential District Comprehensive Plan: Open Space Existing Conditions: The property is currently vacant. Middle Creek crosses the northern portion of the property. Northern Natural Gas Company has a 1 DO-foot wide easement along the east property line, and Northern States Power Company has an easement along the west side of the property. Parkland and Trails: The parkland dedication requirement has been satisfied. . DISCUSSION As shown on the attached plan, the applicants are proposing to create five (5) lots on the southern portion of the property. The actual building area of the properties would be limited due to the location of two (2) easements on the property. The remaining portion of the property would be platted as Outlot A in order to preserve the creek and natural areas on the north side of the creek. 207th Street West Discussion arose at the Planning Commission meeting regarding the existing cul-de-sac located at the west end of 207th Street. The original proposal submitted by the applicant showed the existing cul-de-sac being removed and the roadway being straightened to align with the proposed 207th street extension. At the meeting on April 8, 2003, however, the applicant expressed a desire to leave the existing cul-de- sac as it currently exists and extend a road to the west from the rear of the cul-de- sac to access the proposed lots. The Planning Commission continued the public hearing in order for staff to determine the feasibility of the new proposal. . After the Planning Commission meeting on April 8, 2003, Engineering Staff collected elevation data for the existing cul-de-sac and the properties fronting the cul-de-sac to determine how drainage would flow on the properties. They have determined that leaving the existing cul-de-sac as it currently exists could work with minor modifications to the cul-de-sac. Leaving the cul-de-sac as it currently exists wouLd not result in a street design that would be typically recommended. In this case, however, due to the elevations of the existing cul-de-sac, the impact of removing the cul-de-sac would be significant. The potential disruption to the existing residents may warrant allowing a street design such as the one proposed by the applicants. It is always the City's goal to minimize the disruption to existing residents due to new development. Therefore, it would be Staff's intent to take the existing resident's concerns regarding the cul-de-sac into consideration during final design of the road connection. The cul-de-sac issue should not prevent the Riverside West plat from moving forward if the Planning Commission is comfortable with the plat as it currently exists. Details of the cul-de-sac design should be included in the list of engineering requirements that must be completed prior to construction of the project. Completion of engineering issues is typically included as a condition of approval when the plat is approved, and would be no different for this project. The recommended conditions listed below include this provision. . Revised Plat The proposed plat presented at the meeting on April 29, 2003 required acquisition of a corner of an existing lot in Riverside Estates in order to accommodate the proposed road configuration. The revised plat included with this report shows an adjusted right- of-way that avoids the existing property, thus eliminating the need for the applicant to acquire any property from an existing homeowner. . . . Consistency with City Code Discussion arose at the meeting on April 29, 2003 regarding whether the proposed connection from the west side of the existing cul-de-sac is consistent with the Zoning Code. The City Attorney has indicated that this type of configuration is possible and will be present at the meeting to answer any questions regarding this issue. Sections 11-4-2 and 11-4-3 of the City Code are attached to this memo in their entirety for the Commission's review. Mr. Jeff Johnson (owner of 4460 207th Street West) has also submitted a letter addressing City Code requirements. The letter is also included with this memo. ACTION REQUESTED Recommend approval of the preliminary and final plat for Riverside West contingent upon the following conditions: . Execution of a Development Contract between the Developer and the City of Farmington and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. . All engineering issues shall be corrected and approval of construction plans for grading, storm water, the existing cul-de-sac, and utilities by the Engineering Division must be granted. Respectfully submitted, Q~~, Jim Atkinson Assistant City Planner Attachments: 1 . Proposed Plat 2. Street Detail 3. Sections 11-4-2 and 11-4- 3 of the City Code 4. Letter from Jeff Johnson . 11-4-2: LOTS: (A) Area: The minimum lot area, width and depth shall not be less than that established by the city zoning ordinance in effect at the time of adoption of the final plat. Any lot created on land exceeding twelve percent (12%) in slope shall be at least ten percent (10%) larger than the minimums outlined. (B) Corner Lots: Corner lots for residential use shall be platted twenty feet (20') wider than typical interior lots to permit appropriate building setback from both streets as required in the zoning ordinance. (C) Side Lot Lines: Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. (D) Frontage: Every lot must have the minimum frontage on a city approved street other than an alley, as required in the city zoning ordinance. (E) Setback Lines: Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by the city zoning ordinance, as may be amended. . (F) Features: In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic spots or similar conditions which, if preserved, will add attractiveness and stability to the proposed development. (G) Lot Remnants: All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels. (H) Frontage On Two Streets: Double frontage, or lots with frontage on two (2) parallel streets shall not be permitted except where lots back on collector and arterial streets or highways, or where topographic or other conditions render subdividing otherwise unreasonable. Such double frontage lots shall have an additional depth of at least twenty feet (20') in order to allow space for berms and/or screen planting along the back lot line. The landscaping shall include a variety of tree species and plantings as approved by the planning commission in a manner so as to provide adequate separation between the highway and adjoining land use. The materials used shall be identified on the required drawing submitted as the landscape plan for the plat. (I) Back To Back Lots: Rear lot owners of back to back lots shall coincide or be separated by at least ten feet (10'). (J) Buildable Lots: The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the zoning ordinances and in providing driveway access to buildings on the lots from an approved street. (K) Drainage: Lots shall be laid out so as to provide positive drainage away from the buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots. . (L) Waste Materials; Rubbish: No cut trees, timber, debris, earth, rocks, stones, soil, junk, . . . rubbish, or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of issuance of certificate of occupancy, and removal of those items and materials shall be required prior to the issuance of any certificate of occupancy on a subdivision. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time of expiration of any subdivision improvement agreement or dedication of public improvements, whichever is sooner. (Ord. 002-470, 2-19-2002) . . . 11-4-3: STREETS AND ALLEYS: (A) Streets, Continuous: Except for cul-de-sacs, streets shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. (8) Local Streets And Dead End Streets: Local streets should be so planned as to discourage their use by nonlocal traffic. Dead end streets are prohibited, but cul-de-sacs shall be permitted where topography or other physical conditions justify their use. Cul- de-sacs shall not be longer than six hundred feet (600'), including a terminal turnaround which shall be provided at the closed end, with a right of way radius of not less than sixty feet (60'). The lots in cul-de-sacs shall be arranged in a manner which anticipates snow removal. (C) Street Plans For Future Subdivisions: Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider. (D) Temporary Cul-De-Sac: In those instances where a street is terminated pending future extension in conjunction with future subdivision, a temporary turnaround facility shall be provided at the closed end, in conformance with cul-de-sac requirements. (E) Provisions For Resubdivision Of Large Lots And Parcels: When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision. (F) Street Intersections: Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. Under normal conditions, the minimum angle of intersection of streets shall be eighty degrees (800). Street intersection jogs with an offset of less than two hundred fifty feet (250') shall be avoided. (G) Access To Arterial And Collector Streets: Where a proposed subdivision is adjacent to a limited access highway arterial or collector street, there shall be no direct vehicular or pedestrian access from individual lots to such highways or streets. To the extent feasible, access to minor arterial and major collector streets shall be at intervals of not less than one thousand feet (1,000') and through existing and established crossroads. Access to minor arterial and major collector streets shall be at intervals of not less than six hundred sixty feet (660') involving right turn movements only when medians have been installed. (H) Sidewalks And Trails: In those cases where the city council deems it appropriate, sidewalks of not less than five feet (5') in width shall be provided. Where a proposed plat abuts or includes an arterial street, sidewalks of not less than five feet (5') in width on both sides of the paved surface shall be provided. Where the proposed plat abuts or includes a collector street, sidewalks of not less than five feet (5') in width shall be required on one side of the street. In all cases where sidewalks are built, provisions shall be made for handicapped access. Trails as shown in the comprehensive plan shall be . . . provided at not less than eight feet (8') in width. (I) Service Access, Alleys: Service access shall be provided in commercial and industrial districts for off street loading, unloading and parking consistent with and adequate for the uses proposed. Except where justified by special conditions, such as the continuation of an existing alley in the same block, alleys will not be approved in residential districts. Alleys, where provided, shall not be less than thirty feet (30') wide. Dead end alleys shall be avoided wherever possible, but if unavoidable, such dead end alleys may be approved if adequate turnaround facilities are provided at the closed end. (J) Half Streets: Dedication of half streets shall not be considered for approval except where it is essential to the reasonable development of the subdivision and in conformity with the other requirements of these regulations or where it is found that it will be practical to require the dedication of the other half when the adjoining property is subdivided. (K) Compliance With The Dakota County Thoroughfare Plan: All subdivisions incorporating streets which are identified in the Dakota County thoroughfare plan, as amended, shall comply with the minimum right of way, surfaced width and design standards as outlined in said plan. (L) Street Grades: Except when, upon the recommendation of the city engineer, the topography warrants a greater maximum, the grades in all streets, thoroughfares, collector streets, local streets and alleys in any subdivision shall not be greater than ten percent (10%). In addition, there shall be a minimum grade on all streets and thoroughfares of not less than five-tenths percent (0.5%). (M) Curb Radius: The minimum curb radii for thoroughfares, collector streets, local streets and alleys shall be as follows: Arterial streets, collector and local streets 10 feet Alley 4 feet (N) Reverse Curves: Minimum design standards for collector and arterial streets shall comply with Minnesota state aid standards. (0) Reserve Strips: Reserve strips controlling access to streets shall be prohibited. (P) Street Right Of Way And Pavement Width: Street right of way and pavement widths shall conform with the following standards: ROW Width Pavement Width Street Minor arterial 100 - 150 feet Collector street 80 feet 52 feet Minor collector 70 feet 38 feet . . . Local street 60 feet Private street 44 feet (Ord. 002-470, 2-19-2002) 28, 32 feet 22, 24 feet . . . From Jeff & Holly Johnson 4460 20ih St. W. A Plat has been submitted for development of a 5.7 acre parcel of land in Farmington zoned R1. The proposed Plat includes five lots with the balance of the parcel being donated to the city. The issue is that they would like to extend 20ih St. to the west for access to the proposed lots. We oppose the proposed Platting due to the impact to the nearby homeowners and because it is completely inconsistent with the existing cul-de-sac. Two options have been considered. The first is to remove the existing cul-de-sac, extend the street, and put a cul-de-sac at the new western end. The second is to leave the existing cul- de-sac in place with a short road to the west ending in a second cul-de-sac. There are two noteworthy items regarding the area: 1 . There is an -80 ft. wide natural gas pipeline easement immediately to the west of the existing property. Apparently Northern Natural is now allowing the road (and cul-de-sac) over their easement. 2. A portion of our lot, designated 4460, must be acquired by purchasing, granting an easement, or condemning to extend the road in a straight line and with the same width as the existing 20ih St. We are currently seeking legal opinions on the legality of the proposed Plat with respect to city code. We think there are essentially three options: 1 . The proposal violates city code and must be rejected 2. While not clearly violating code, there is sufficient basis to allow the Planning Commission to reject either option 3. There is no basis for rejecting the options and must be approved with the details to be worked out in the engineering contract. We will continue to pursue these legal opinions to identify our options. However, we would like the City Attorney to carefully review the following information before presenting his opinion to the Planning Commission. We outline our opinion below. 1 20Sth St. Copyright @ 2003. Dakota County The first question is whether the proposed Plat can be approved without a defined plan for the road. There are two key reasons why the answer must be "no". . The location of the street is not clear at this time. The proposed road requires gaining access to a portion of an existing lot. Moving the road around this may require changes to the proposed Plat. This issue must be resolved but is not likely to be a limiting issue. '. · Code requires that proposed Lots must have access from an "approved" street. The Plat cannot be approved without approval of the proposed street. . The real question is whether the proposed street addition can be approved under Farmington Code. The Code is explicit in requiring two items for future subdivisions: . When the original Plat for Riverside Estates was submitted, a "tentative plan of a proposed future street system" was required. This was not submitted with the original Riverside Estates Plat, so any attempt to do so now is invalid. I understand that a Plat plan was submitted which would have allowed for future extension of the subdivision. However, this plan was rejected and the design was modified to include the existing cul-de-sac. No tentative plan for future development was submitted in conjunction with the final design. . Code also requires that "where a street is terminated pending future extension in conjunction with future subdivision, a temporary turnaround facility shall be provided". Since the physical dimensions of "temporary turnaround facility" and a "cul-de-sac" are the same, the only obvious distinction is that a "temporary turnaround facility" may be extended while a "cul-de-sac" may not. The existing cul-de- sac is clearly not "temporary" and plans were not incorporated for future extension. This is evidenced by the following: . The cul-de-sac is curbed and guttered. . The existing driveways are not aligned in anticipation of future development. . The affected houses were not graded in anticipation of future development. Per the City Engineer, re-grading would be required all the way back to the garage of the house on the north side of the existing cul-de-sac. . One house is angled to match the existing cul-de-sac. . Promises were made to the original homeowners that there would be no future development. These homeowners indicate that the promises were made by the same developer and builder that are involved in the new Plat proposal. While there could be issues under Minnesota Statutes Chapter 83 if they proceed with the proposed Plat, this primarily shows that the expressed intent of the developer is consistent with the lack of future plans and the layout of the existing cul-de-sac. . Both developers involved with the proposed Plat conceded at the 4/29/03 Planning Commission hearing that the existing cul-de-sac is permanent. Code does not specifically define the term "temporary". However, "temporary" and "permanent" are mutually exclusive in common language. Furthermore, 11-3-2(D)8 requires that "all subdivisions shall be required to relate well with existing or potential adjacent subdivisions." This requirement is also not met by the proposed Plat for the same reasons described above. These items are part of the "minimum regulations and requirements for the platting of land" per 11-1-2. The proposed Plat fails to meet the requirements and must be rejected. Apparently, there is a concern that the city is, in some fashion, obligated to provide access to land which is zoned for development. However, violating code is not an option. An alternative is to allow one or two (long) driveways to extend off the existing cul-de-sac. From Farmington Code: 11-4-2: LOTS: (J) Buildable Lots: The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the zoning ordinances and in providing driveway access to buildings on the lots from an approved street. . 11-4-3: STREETS AND ALLEYS: (A) Streets, Continuous: Except for cul-de-sacs, streets shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of . . . traffic, to topographic conditions, to runoff of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. (C) Street Plans For Future Subdivisions: Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider. (D) Temporary Cul-De-Sac: In those instances where a street is terminated pending future extension in conjunction with future subdivision, a temporary turnaround facility shall be provided at the closed end, in conformance with cul-de-sac requirements. . . . 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 FROM: IvfV Jim Atkinson, Assistant City Planner SUBJECT: Appeal of a Zoning Officer Decision Regarding Approved Building Materials in the Industrial Park DATE: April 13, 2003 BACKGROUND Ms. Jan Karrmann is working with the Housing and Redevelopment Authority (HRA) to purchase land in the Farmington Industrial Park to construct a commercial daycare facility. One component of the proposed facility is the type of building that would be constructed on the site. Ms. Karrmann is proposing to use Hardiplank in the construction, which is a type of siding. Kevin Carroll, acting as the Zoning Officer for the City, has determined that Hardiplank is not an approved building material in the Industrial Park Zoning District (see attached list of approved materials). Mr. Carroll has provided his determination in a memo dated May 7, 2003. The letter is included with this memo. Ms. Karrmann has submitted a letter (dated May 9, 2003) to the Planning Commission appealing the decision. The process for an appeal is found in Section 10-3-4 of the City Code: 10-3-4: APPEALS: An appeaL from a ruling of the zoning officer may be taken by the property owner or agent within thirty (30) days after the order utWzing the following procedure: (A) The property owner or agent shall fiLe with the zoning officer a notice of appeaL stating the specific grounds upon which the appeaL is made. (B) The zoning officer shall transmit the appeaL to the board of adjustment for study and recommendation at its next reguLar meeting. (e) The board of adjustment shall make its decision within sixty (60) days and a copy of the motion shall be maiLed to the applicant by the zoning officer. (Ord. 002-469, 2-19-2002) . . . ACTION REQUESTED Consider the appeal and determine whether Hardiplank meets the design standards for the Industrial Park Zoning District. Respectfully submitted, 4~~ Jim Atkinson Assistant City Planner . . . 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: Date: Ms. Ian Karrmann (via fax to 651-642-4103) Kevin Carroll, Community Development Director Design Standards Determination (Hardiplank) May 7, 2003 Dear Ms. Karrmann, This Memorandum will confirm 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. If you have any questions, please contact me at 651-463 -1860. Thank you. . . . ~ /1:-1- Just Kidding Arou~ ,-..afaycare & Preschoor ~Y&WIIkI1lInI."'SclIalII'" May 9,2003 Planning Commission City of Farmington 325 Oak Street Farmington, MN 55024 Dear Members: At this time I wish to appeal the determination of the zoning officer in regard to Hardiplank and the Industrial Park Design Standards. The definition of concrete, as quoted from Webster's Third New International Dictionary UnabridQed, is as follows: {(3a: A hard strong building material made by mixing a cementing material (commonly Portland cement) and a mineral aggregate (as washed sand and gravel or broken rock) with sufficient water to cause the cement to set and bind used in the construction of bridges, buildings, dams, pavements, tunnels, and smaller products. " Hardiplank is composed of calcium silicate (hydrate) 50-60% (cement), crystalline silica (quartz) 34-45% (sand), and cellulose and other fillers less than 10%. Thus, it is concrete. Hardiplank is precast off site, is textured, and has a 50-year warranty; therefore, Hardiplank does comply with the design standards, and I would greatly appreciate approval of this product for use on the building so that I may move forward with other aspects of the project. Just Kidding Around's building will be every bit as valuable and attractive as any other building in the Farmington Industrial Park, and I look forward to proudly joining the many other business owners in the Industrial Park. Sincerely, Q ,:\ ~vY)'O-'\iv0 UJan Karrmann Jan Karrmann, Owner 18614 Egret Way; Farmington, MN 55024-8639 651-642-4203 651-460-6416 . . . 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 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. 3. Screening: All parking areas shall be screened as required in subsection (F) of this section. 4. Location: Parking shall not be permitted within ten feet (10') of the front property line (those facing any dedicated street), or within ten feet (10') of any side or rear property line unless otherwise approved by the city. (E)Landscaping: All open spaces shall be dustproofed, surfaced, landscaped, rockscaped . . . or devoted to lawns. Not less than two-thirds (2/3) of the required building setback area from any dedicated street shall be landscaped with lawns, trees, shrubs and walkways of a design approved by the city planning division. Landscaping shall be installed within ninety (90) days of occupancy or substantial completion of building, whichever occurs first, weather permitting. The following landscape standards shall apply to all proposed projects within the overlay zones: 1. Street Trees: Street trees shall be planted at one canopy tree per forty feet (40') of street frontage. 2. Perimeter Parking Lots: One tree and three (3) shrubs per forty feet (40') of parking lot perimeter frontage. Plants are to be installed within ten feet (10') of the parking lot frontage area. 3. Interior Parking Lots: One planting island per twenty (20) parking spaces. One tree and three (3) shrubs are required within each planting island. The planting island shall be curbed with concrete. 4. Buffer Area: When the industrial district is adjacent to a residential district, a twenty five foot (25') buffer is required and shall include a six foot (6') high wooden fence and landscaping to screen the adjacent property. (F)Screening: 1. Storage Areas: Without prior approval of the city, no outside storage areas shall be allowed nor shall any articles, goods, materials, incinerators, storage tanks, refuse containers or like equipment be kept in the open or exposed to public view or view from adjacent buildings. If outside storage is given city approval, all materials and/or containers and equipment shall be screened from view. Required screening shall include: a) a six (6) to eight foot (8') high opaque wooden fence and landscaping; b) landscaping and berms; or c) a combination of both to fully screen the outdoor storage. 2. Structure: No accessory structures (including, but not limited to, water towers, storage tanks, processing equipment, cooling towers) or outside equipment shall be constructed, erected or placed on the affected property without prior approval of the city. If such approval is granted, such structures shall be screened from public view and the view of adjacent buildings in a manner approved by the city planning division. (G)Signs: All signs shall be of a design and material approved by the city planning division. Unless otherwise approved, wall signs must be attached to the building, and be parallel to and contiguous with its walls and not projecting above its roofline. No sign of a flashing or moving character shall be installed and no sign shall be painted on any building wall. Pole signs will not be allowed. Advertising billboards are not allowed within the overlay zone. (General guidelines for signage available through the city planner.) (H)Maintenance: 1. Owners and occupants of any or all of a site have the duty and responsibility, at their sole cost and expense, to keep the site, including buildings, improvements and grounds, well maintained, safe, clean and aesthetically pleasing. Such maintenance includes, but is not limited to, the following: . (a) Prompt removal of all litter, trash, refuse and wastes. (b) Provide such care as required to maintain all vegetation in a healthy and aesthetically pleasing appearance. (c) Maintain exterior lighting and mechanical facilities in good working order. (d) Maintain parking areas, driveways and roads in good repair. (e) Prompt repair of any exterior damage to any buildings and improvements. (Ord. 002-469,2-19-2002; amd. Ord. 002-477, 7-15-2002) . .