HomeMy WebLinkAbout10.08.02 Planning Packet
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City of Farmington
325 Oak Street
Fanningron,~55024
A Proud Past - A Promising Future
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AGENDA
PLANNING COMMISSION MEETING
October 8, 2002
7:00 P.M.
CITY COUNCIL CHAMBERS
1.
CALL TO ORDER
2.
APPROVAL OF MINUTES
a)
September 9, 2002
3.
PUBLIC BEARINGS
a)
Conditional Use Permit Application - Construction of Accessory Apartment within R-2 (LowlMedi~
Density) Zoning District - 800 8th Street!
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Ordinance Amending 11-4-5 (1) and 11-4-5 (K) of the Farmington Zoning Code - Erosion Control.~
TurfEstablisbment - Continued i ...
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b)
DISCUSSION
a)
Possible Revision(s) of City Code Provisions Regarding Fence Height
b)
Metropolitan Council's 2030 Blueprint
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ADJOURN
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
TO:
City Planning Commission
FROM:
Lee Smick, AICP
Planning Coordinator
SUBJECT:
Conditional Use Permit Application - Construction of Accessory Apartment
within R-2 (Low/Medium Density) Zoning District - 800 8th Street
DATE:
October 8, 2002
INTRODUCTIONIDISCUSSION
The Community Development Department has determined that the proposed addition to the
home at 800 8th Street owned by Dwight Tange, is a two-family (duplex) rather than an
accessory apartment. A public hearing was noticed in the newspaper because staff perceived the
addition as subordinate to the principal one-family residence. Upon further review, it has been
determined that since the addition consists of 1,800 square feet and the existing home is 1,500
square feet, the addition is not subordinate to the principal use and is considered a two-family
( duplex).
Therefore, the two-family (duplex) is a permitted use under the R-2 (Low/Medium Density)
zoning district requirements and does not require a public hearing. The definition for a two-
family (duplex) is a housing unit containing two principal dwelling units. The fee for the
conditional use will be refunded to the applicant.
ACTION REQUESTED
Acknowledge that the conditional use requirement has been withdrawn and close the public
hearing.
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Lee Smick, AICP
Planning Coordinator
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.mn.us
TO:
I/-OV
City Planning Commission ~ \
FROM:
Lee Smick, AICP
Planning Coordinator
SUBJECT:
Ordinance Amending 11-4-5 (1) and 11-4-5 (K) of the Farmington Zoning
Code - Erosion Control and Turf Establishment.
DATE:
October 8, 2002
INTRODUCTION
The City of Farmington proposes to amend Section 11-4-5 (J) and 11-4-5 (K) of the Farmington
City Code: - Erosion Control and Turf Establishment. The proposed amendment would
eliminate outdated language and require installation of sod within 45 days after the as-built is
approved.
DISCUSSION
At the September 9, 2002 Planning Commission meeting, the Commission recommended that the
proposed amendment be continued to the October 8, 2002 meeting. The continuance allowed the
Planning Commission to attend the September 18, 2002 Joint Planning Commission/City
Council meeting where the topic of non-point pollution was discussed.
Section 11-4-5 (J) and 11-4-5 (K) of the City Code contains language that is inconsistent with
current City procedures. The City no longer requires that sod be in place before a final
certificate of occupancy (e.O.) is approved. The Builder's Association objected to the
requirement that sod be installed before a final C.O., due to time constraints between the survey
of the lot and approval of the as-built. Additionally, the City no longer issues temporary
certificates of occupancy for issues concerning the sod installation. The temporary C.O. was
difficult for staff to track due to the large volume of requests and was omitted from the
procedures. A temporary C.O. is only granted for issues related to the building of the home.
Finally, the requirement to complete sod installation on or before July I sl was omitted from the
procedures due to time constraints by the surveyors to meet this deadline.
The requirement for builders/homeowners to install sod 45 days after the as-built is approved is
an addition to the turf establishment requirements. The tracking of this requirement will be less
difficult because the date of the as-built approval is known. Therefore, a revision to Section 11-
4-5 (1) and the omission of Section 11-4-5 (K) is proposed.
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ACTION REQUESTED
Approve the proposed amendments to Sections 11-4-5 (J) and 11-4-5 (K) ofthe Farmington City
Code, making revisions to turf establishment requirements, and forward the recommendation to
the City Council.
;ft~tted'
Lee Smick, AICP
Planning Coordinator
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11-4-5: EROSION CONTROL AND TURF ESTABLISHMENT:
(A) Developers and builders are required to follow the erosion and sediment control
program. The program outlines minimum steps that will be required on building sites
where bare soil is exposed. Due to the diversity of building situations encountered, each
site will be individually evaluated and where additional measures or variances are needed
they will be specified at the discretion of the City Engineering Division.
(B) All grading plans and building site surveys will be reviewed for effectiveness of
erosion control measures in the context of the site topography and drainage. If plans or
surveys do not specify erosion control, these measures will be described on the plans or
surveys by the City's Engineering Division based on the Minnesota Pollution Control
Agency's "Best Management Practices". Plans and surveys with erosion control specified
are then returned with the permits.
(C) Silt fence is required to control erosion on all sites. The builder is responsible for
properly installing erosion control immediately after backfill of the foundation. If the
required erosion control is not installed within twenty four (24) hours after backfill ofthe
foundation, the builder will be issued a stop work order until erosion control measures
meet City requirements. An approved certificate of survey along with the permit card
shall be posted on the job site. The builder is responsible to maintain the silt fence during
the construction process. The City Inspector or Engineer will retain the right to require
additional silt fence at any time to ensure that erosion does not occur. Silt fence/hay bales
will not be required when the ground is frozen as determined by the City.
(D) Temporary rock entrances are required on every construction site and are required
after backfilling of foundation. If the rock entrance is not installed immediately after
backfilling, a stop work order will be issued until the rock driveway is installed. Rock
driveways will also be required during the winter months after backfilling the foundation.
(E) Streets should be cleaned and swept whenever tracking of sediments occurs and
before sites are left idle for weekends and holidays. If streets are not clean, the City will
arrange for a private contractor to clean streets and will bill the charges accordingly.
(F) Interior lots shall be sodded from the roadside edge or the unpaved right of way to the
back comers of the furthermost building.
(G) Comer lots with two (2) sides ofthe lot adjacent to the street; in the front yard, sod
shall be installed from the roadside edge or the unpaved right of way in the front of the
building to the back comers of the furthermost building. Sod shall also be installed on the
street side yard within the boulevard commencing at the rear comer of the building to the
rear lot line.
(H) All areas that required silt fences during construction and along any portions ofthe
lot that adjoin drainage easements shall be sodded. Any remaining disturbed areas not
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mentioned above may be seeded. Silt fences must be maintained throughout the
construction period until new vegetation is established.
(1) Turf slopes in excess ofthree to one (3: I) are prohibited.
(1) The required sod must be in place before a final certificate of occupancy will be
issued. If the sod is not in place and occupanoy is requested by the builder, a temporary
oertificate of occlipancy may be issued. The builderlhomeowner is required to install sod
within sixty (60) forty-five (45) days after the temporary certificate of occupancy as-built
is tssaed approved. It is the responsibility of the ovmer to establish turf in the ai'ea where
sod is not required. ,A~ final oertifioate of oooupanoy 'l,'ill be iss1:led only after the turf has
been established. The remaining areas of a lot that are not required to have turf
established prior to issliance of the final oertificate of occupanoy should be established
'.vith turf'Nithin sixty (60) days after the issliance of the final certificate of occupanoy.
(K) In periods of adverse weather conditions between approximately October 16 and
April 30, a temporary certificate of occupancy may be issued, but the installation of sod
must be completed on or before July I.
fbt (K) The City shall collect a surety for the as-built certificate of survey and turf
establishment before any building permit is issued. The surety is returned when the
as-built certificate of survey, sod and seed requirements have been approved. If these
requirements are not met, the surety will be used to either complete the grading of the lot
consistent with the grading plan and/or complete the installation of the sod and seed.
(Ord. 098-420,12-21-1998)
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmimrton.mn.us
TO:
City Planning Commission
FROM:
Kevin Carroll, Community Development Director
SUBJECT:
Possible Revision(s) of City Code Provisions Regarding Fence Height
DATE:
October 8, 2002
INTRODUCTION
Questions have arisen regarding the interpretation and enforcement of certain City Code
provisions regarding the height of fences in residential areas. Input from the Planning
Commission would be appreciated with respect to whether or not the City Code should be
modified to clarify some ambiguities that currently exist.
DISCUSSION
Section 10-6-12 of the City Code includes a number of references to the maximum height of
fences in residential areas. For example, Part (A) of Section 10-6-12 provides that
In residential districts... fences on interior lots may be six feet (6') in height on the side
and rear lot lines...
Similarly, Part (D) of Section 10-6-12 provides that
A variance is required for fences over six feet (6') and up to eight feet (8') in height when
constructed within the buildable areas of lots in residential districts.
The ambiguity that has been brought to the attention of City staff involves the aforementioned
six foot height limitation: is the height of a fence measured from the ground to the top of the
fence, or from the bottom of the fence to the top of the fence?
Many lumber yards and home improvements centers (Menards, Home Depot, Builders' Square,
etc.) sell fence boards and assembled fence sections that are exactly six feet in height. If the
height of a fence (for purposes of the City Code) is measured from the ground to the top of the
fence, pre-assembled sections of 6' fencing would have to be placed flush with the ground in
order to avoid violating the City Code's height restriction, OR the homeowner would have to
apply for a variance.
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If the height of a fence (for purposes of the City Code) is measured from the bottom of the fence
(not from the ground) to the top of the fence, a pre-assembled section of 6' fencing could
theoretically be attached to fence posts at any height above the ground. If, for example, a
property owner wanted to "obscure from view" some unsightly feature on adjoining property that
had a higher elevation than his own, he could install six-foot-high fence sections three feet above
the ground (thereby creating a fence that was nine feet high, measured from the ground) without
violating the City's fencing provisions.
The aforementioned ambiguities create opportunities for adjoining property owners to create
difficulties for one another (and for City staff members) over relatively inconsequential matters.
The City is currently dealing with a property owner who has complained about the fact that his
neighbors installed a fence that is (at most) 6'4" tall in one area, when measured from the ground
to the top of the fence. The fence boards themselves are 6' high, but the owners of the fence
mounted the fence boards a few inches above the ground, to create space underneath the fence
for trimming and drainage. The fence owners also wanted the top of the fence to be level, rather
than parallel to the ground, which is not level in some locations.
Situations of the type referred to above can be avoided if the City Code is amended to specify
how the height of a fence will be determined, andlor if the City Code is amended to specify a
new maximum height (such as 6'6" or 7') that takes into consideration the common desire of
homeowners to elevate "standard" six foot fence sections at least a few inches above the ground.
ACTION REQUESTED
Discussion, followed by direction to City staff regarding whether andlor how the City Code
should be revised to address the circumstances outlined above.
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L~carrol1 L ~
Community Development Director
10-6-11
1 0-6-12
(C) Wooded Area Restrictions: The following restrictions shall apply to
all development occurring in wooded areas:
1. Structures shall be located in such a manner that the maximum
number of trees shall be preserved.
2. Prior to granting of a final plat, development plan, or building
permit, it shall be the duty of the person seeking the permit to
demonstrate that there are no feasible or prudent alternatives to the
cutting of trees on the site.
3. Forestation, reforestation or landscaping shall utilize a variety of
tree species as identified in this chapter.
4. Development including grading and contouring shall take place in
such a manner that the root zone aeration stability of existing trees
shall not be affected. Trees to be preserved shall be staked as
provided in this chapter.
Notwithstanding the above, the removal of trees seriously damaged by
storms, or other natural causes, shall not be prohibited. (Ord. 002-469,
2-19-2002)
10-6-12:
FENCES: Fences shall be permitted in all yards subject to the
following:
(A) Residential Fence Heights: In residential districts four foot (4')
fences may be located on any lot line except that fences on interior
lots may be six feet (6') in height on the side and rear lot lines
beginning at the nearest front corner of the principal building.
(B) Corner Lots: Fences up to six feet (6') in height may be constructed
on the side and rear lot lines behind the nearest front corner of the
principal building subject to the following:
1. The front corner of the principal building is defined as beginning at
the widest point of the structure's front street facing foundation as
determined by its street address.
2. No fence over four feet (4') in height shall be located within the
triangle of visibility which is that area within a triangle created by
measuring from a point on the curb or edge of the street closest to
the center of the intersection, down the front curb lines or edge of
July 2002
City of Farmington
10-6-12
1 0-6-13
the intersecting streets thirty feet (30'), and then connecting these
end points with a straight line.
3. When a fence is adjacent to a driveway of a neighboring lot, a five
foot (5') triangle of visibility or a five foot (5') setback along the
streetside shall be provided at the intersecting lot lines.
(C) Varying Setbacks: Should the fence be located between principal
buildings with varying setbacks on adjacent lots, a fence up to six
feet (6') in height may not extend beyond the average setback of the
two (2) buildings.
(0) Variance: A variance is required for fences over six feet (6') and up
to eight feet (8') in height when constructed within the buildable
areas of lots in residential districts.
(E) Commercial And Industrial Districts: Fences located within
commercial and industrial districts may be located on any lot line up
to a height of eight feet (8') except in the required front yard.
(F) Site Plan; Building Permit: A site plan or legal survey with the
location of the proposed fence shall be submitted to the building
inspection division for approval for all fences over four feet (4') in
height. An application for a building permit is required for all fences
exceeding six feet (6') in height.
(G) Materials: Fences in all districts, except agricultural, shall be
constructed of materials widely accepted in the fencing industry. No
plywood boards, canvas, plastic sheeting, metal sheeting or similar
material shall be used for any fence construction.
(H) Maintenance: All fences shall be maintained in good condition and
vertical position, and any missing or deteriorated wood slats, pickets,
other fencing material, or structural elements shall be replaced in a
timely manner with the same quality of material and workmanship.
(Ord. 002-469, 2-19-2002)
10-6-13: DISPLAY OF VEHICLES FOR SALE: Vehicles may be
advertised. for sale from the title holder's property provided
that they observe district setback requirements and are displayed on the
title holder's private driveway or parking area. Not more than one vehicle
may be so displayed. No vehicles may be advertised for sale from public
property. (Ord. 002-469, 2-19-2002)
City of Farmington
July 2002
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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
FROM:
Lee Smick, AICP
Planning Coordinator
SUBJECT:
Metropolitan Council's 2030 Blueprint
DATE:
October 8, 2002
INTRODUCTIONIDISCUSSION
Enclosed in the packet is information from the Metropolitan Council's 2030 Blueprint meeting
held on Monday, September 30, 2002. Staff will discuss the Council's goals and ask for
comments.
ACTION REQUESTED
Review Metropolitan Council's 2030 Blueprint goals.
Respectfully Submitted,
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Lee Smick, AICP
Planning Coordinator