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HomeMy WebLinkAbout01.08.02 Planning Packet City of Farmington 325 Oak Street Farmington, MN 55024, A Proud Past - A PrOlltising Flltll1'e Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers ..,<- AGENDA REGULAR PLANNING COMMISSION MEETING January 8, 2002 7:00 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) November 13,2001 b) December 11, 200 1 3. PUBLIC BEARINGS a) Proposed Rezone from R-2 (Medium Density) to B-3 (Heavy Commercial) con't Applicant Colin Garvey, Landscape Depot, 100 Slh Street . Variance Permit Application - Encroach within required 50-foot setback Applicant: Greg Young, 1017 3rd Street .... .. c) Consider Ordinance Amendment - Title 10, Chapters 1-10 of the Farmington City Code - Zoning Ordinance and Title 11, Chapters 1-6 of the Farmington City Code - Subdivision Ordinance 4. DISCUSSION a) Appeal of Zoning Code Decision Applicant: Hometown, Inc. 331 3rd Street 5. ADJOURN Planning Chair: Planning Commissioners: Dirk Rotty Todd Larson, Chaz Johnson, Ben Barker, Dan Privette ety Staff: Kevin Carroll, Community Development Director Lee Smick, Planning Coordinator Michael Schultz, Associate Planner . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: City Planning Commission Michael Schultz \Vflv Associate Planner FROM: SUBJECT: Proposed Rezone from R-2 (Medium Density) to B-3 (Heavy Commercial) DATE: January 8, 2002 INTRODUCTION The applicant, Colin Garvey, is seeking approval to rezone certain property from the existing R-2 (Medium Density) to B-3 (Heavy Commercial). The property is identified within the 2020 Comprehensive Plan as future business. Planning Summary Applicant: l Attachments: Property Location: Parcel ID Numbers: Colin Garvey 22098 Canton Ct Farmington, MN 55024 1. Rezone Application 2. LocationMap 3. 2020 Comprehensive Plan Map 4. Current Zoning Map 5. Section 10-3-2(1) B-3 (Heavy Business) Zoning District 6. Section 10-1-4: Definitions 7. Section 10-2-3: Zoning Districts, Purpose The property, legally described as the north 120 feet of Lots 1, 2 & 3 and the north 170 feet of Lots 4 and 5 except for the west Y2 of Lot 5 and that portion of the railroad right-of-way; all within Block 30 (see attached map). 14-77000-030-30 14-77000-080-30 . . . Total Land Area: 30,749 square feet Surrounding Land Uses: Unimproved roadway (Pine St) and abandoned railway, residential to the south and east, vacant property to the west. Current Zoning: R-2 (Medium Density) 2020 Comprehensive Plan: Business Proposed Zoning: B-3 (Heavy Commercial) DISCUSSION The applicant, Colin Garvey, is seeking approval to rezone subject property from the existing R- 2 (Medium Density) to B-3 (Heavy Business) zoning district, following the City's 2020 Comprehensive Guide Plan. Under the proposed B-3 zoning district, heavy business type uses such as supply yards, warehousing, commercial services and light manufacturing would be permitted. Other uses such as outdoor sales, equipment and storage yards and retail business would be permissible with a conditional use permit. Currently the unimproved Pine Street right~of-way and the Marigold Foods factory bound the property,to the north, single-family residential is located to the east and south of the property and a vacant lot owned by Marigold Foods is located adjacent to the property to the west. The Landscape Depot business is located on the easterly parcel, which includes a renovated storage building along with landscaping materials and plants. The applicant received conditional use permit on the property in May of 1999. The other subject parcel is currently vacant except that the top 6 - 8 inches were removed and replaced with class 5 crushed rock material. The property owner began preparing the site for a pending Conditional Use Permit application (July 2000) to expand the Landscape Depot business. The application was denied citing a lack of information from the applicant and questions surrounding the use of the rights-of-way involving the Soo railroad spur line and the City's Pine Street. The applicant's intent is to use the vacant lot for the storage of sand and salt materials and to eventually expand the Landscape Depot business. Any future commercial use of the property would require 100% screening of the property along any residentially zoned property as per the City's Landscaping Ordinance. . . . Also, any proposed commercial use within the City's Pine Street right-of-way would not be permitted as previously indicated as part of the Planning Commission's decision in the July 2000 CUP application. ACTION REQUESTED Staff recommends forwarding a recommendation of approval on to the City Council for the proposed rezone of the subject properties from R-2 (Medium Density) to B-3 (Heavy Business). Re, spect~llY SUbmai~e, d/ / ~". 1/1 / ,./ ~d('A~ . ichael Schultz Associate Planner cc: Colin Garvey . . . PETITION FOR REZONING I, the undersigned, am the fee O\\l1er of and hereby request that the following described land: CDl i 1\ T, far{}{~ N /Zo I f)f ~i-s I, Zr3 ~ _Lf) t L\. a..f\& '{V1 ~ ~S f l/z. of- LO+ S J, -5 J 0 de 3 () :c? _ -? exceJ)T~r \fu..f .,or-~o" <>f ~ ~ ~O<<J be rezoned from: E:.:::::. ~ \ \1 to: 6-~ I understand that a public hearing is required, as well as a published notice of hearing, for which I hereby attach payment of the fee in the amount of S , which I understand further will be refunded if no meeting is scheduled. Signature l \ - ;(t, - 0 1 Date The Planning Commission recommended on the to (approve) (deny) the petition. day of ,19_ City Planner Action of the City Council: 1. On the day of . 19_ declined to set a Public Hearing. 2. At a Public Hearing held the (approved) (denied) the petition. day of , 19_, Date City Administrator In accordance with Title 10, Chapters 2 and 12 of the City Code. cc: Planning Commission, Council, Attorney, Engineer, Water Board: P ARAC . Q) c o N Q) 0::: "'C Q) (/) o c.. o L.. t c.. ro ~ c o +-' ro U o .....J . L (J) "'C o I ~J "'C o C) 'C CO ~ OC)on' \ \ \ I- \ (j) \ ~ \ 0.. \ \ \ \ ' \ \ \ \ \ \ \ \ , \ \ /. ...--- .--.. U5 (]) c 0:: .... o c o +=> \ 5 a. \ ~ \ e \ E t c 0::- \ 2. -0 \ \ I \ \ \ \ \ '\ \ \ \ \ - I,' \ \ \ \ \ l I L ! \'. j' '- \, L,: II .~ ct n:> C- .:) o o <f) ~ l~ 18 Hl9 " '. Q) '2. '6 u.- \ 18 HlP \ \; ~ l_~ (J) .~ t Q) a. U o r----' I.... I 0..1 I I ---l '-------,. s-ll - _J "0 '00 (]) 0:: '--' ,-. 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Recreation and equipment sales, service and repair 14. Clinics 15. Sexually oriented businesses - accessory 10-3-2 Conditional Uses 5. Multiple-family dwellings 6. Wholesale business 7. Supply yards 8. Funeral homes 9. Elderly and handicapped housing 10. Churches 11. Light manufacturing 12. Outdoor sales 13. Fast-food establishments 14. Farm implement sales, service and repair 15. Equipment and storage yards 16. Research and testing laboratories 17. Mini-storage units 18. Motor fuel stations - minor 19. Hotels and motels 20. Recreational assembly places 21. Residential care facilities serving more than 6 persons (Ord. 086-177, 3-17-1986; amd. Ord. 088-198, 2-1-1988; Ord. 091-246, 5-20-1991; Ord. 099-424, 3-1-1999; Ord. 000-457, 12-4-2000) B-3 Heavy Business District 1. Mechanical sales, service and repair 2. Commercial services 3. Animal clinics 4. Wholesale business 5. Supply yards 6. Warehousing 7. Light manufacturing 8. Research and testing labs 9. Parking lots 10. Public buildings 11. Auto sales, service, repair 1. Public utility buildings 2. Offices 3. Water recreation and water storage 4. Home and trailer sales and displays 5. Manufacturing 6. Petroleum bulk storage 7. Mini-storage units 8. Equipment and storage yards 9. Outdoor sales City of Farmington 10-3-2 ../~ . Permitted Uses 12. Motor fuel stations, major 13. Sexually oriented businesses - accessory 10-3-2 Conditional Uses 10. Retail business 11. Restaurants 12. Fast-food establishments 13. Solar energy systems (Ord. 086-177, 3-17-1986; amd. Ord. 000-457,12-4-2000) (J) B-4 Neighborhood Business District . . 1. Personal and professional services (not exceeding 3,000 square feet of gross floor area) 2. Personal health and beauty services (not exceeding 3,000 square feet of gross floor area) 3. Nonprofit/public buildings 4. Daycare facilities 5. Residential care facility 6. Neighborhood services (not to exceed 3,000 square feet in gross floor area) Interim Uses 1. Automobile repair; minor (eft. until 6-7-2002) 1. Personal and professional services (exceeding 3,000 square feet in gross floor area) 2. Neighborhood convenience stores (no gasoline sales, not exceeding 3,000 square feet in gross floor area - no automotive repair facilities allowed) 3. Restaurants (no drive- through services, limited to 3,000 square feet of gross floor area, no alcohol sales) 4. Funeral homes 5. Animal clinics (no kenneling allowed) 6. Parking lots 7. Multi-family dwellings 8. Churches 9. Schools 10. Light manufacturing and assembly (straight trucks only, no jointed or semi- tractor trailer trucks) 11. Clinics (Ord. 099-423, 3-1-1999; amd. Ord. 099-432, 6-7-1999) City of Farmington April 2001 . . . 10-5-13 B-3 BEA VY BUSINESS DISTRICT DRAFT (A) Purpose. The B-3 Heavy Business District is a transitional district designed to provide space for certain existing commercial and industrial uses which are compatible together but are more intense and therefore incompatible with uses identified in the B-1, B-2 and B-D districts. (B) Bulk and Density Standards. 1. Minimum Standards ProDosed Current Lot Area 5,000 square feet 5,000 Square feet Lot Width 50 feet 50 feet Front Yard Setback o feet o feet Side Yard Setback 6 feet 6 feet Rear Yard Setback 6 feet 6 feet Minimum side and rear yard abutting any residential District Off-street parking and access drives 10 feet 10 feet Public and semi-public buildings 35 feet 35 feet Recreational, entertainment, commerciaL and 50 feet 50 feet industrial uses Height (max.) 45 feet 45 feet Maximum Lot Coverage of all structures 35% 35% * All standards are minimum requirements unless noted (C) Uses Proposed Uses 1. Permitted a. Animal Clinics b. Auto Repair, Minor c. Auto Sales d. Commercial Services e. Convenience Store without gas f. Mechanical Sales, Service and Repair g. Offices h. Public Buildings i. Restaurants, Class I, Traditional J. Retail Facilities, greater than 3000 sf k. Supply Yards l. Truck Terminals m. Wholesale Businesses n. Sexually Oriented Businesses - Accessory 2. Conditional a. Auto Repair, Major b. Car Washes Current Uses Permitted Mechanical sales, service and repair Commercial services Animal clinics Wholesale business Supply yards Warehousing Light manufacturing Research and testing labs Parking lots Public buildings Auto sales, service, repair Motor fuel stations, major Sexually Oriented Businesses - Accessory Conditional Public utility buildings Offices City of Farmington Zoning Regulations Working Draft - December 5, 2001 page 57 . . . c. Convenience Store with gas d. Group Day Care Center, Commercial e. Home and Trailer SaleslDisplay f. Manufacturing Facilities g. Mini-storage Units h. Outdoor Sales 1. Petroleum Bulk Storage J. Public Utility Buildings k. Solar Energy Systems 3. Accessory a. Parking Lots Water recreation and water storage Home and trailer sales and displays Manufacturing Petroleum bulk storage Mini-storage units Equipment and storage yards Outdoor sales Retail business Restaurants Fast food establishments Solar energy systems DRAFT City of Farmington Zoning Regulations Working Draft - December 5, 2001 page 58 . . . DRAFT 10-5-14 B-4 LIMITED BUSINESS DISTRICT (A) Purpose. The B-4 Limited Business District is intended to provide a setting for low to medium density housing combined with complementary and supporting business land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. - (B) Bulk and Density Standards. 1. Minimum Standards ProDosed Current Lot Area 5.000 square feet B-4 currently does not Lot Width 50 feet Have anv bulk standards Front Yard Setback 20 feet Side Yard Setback 6 feet Rear Yard Setback 6 feet Minimum side and rear yard abutting any residential District 10 feet Off-street parking and access drives 35 feet Public and semi-public buildings 50 feet Recreational, entertainment, commercial and industrial uses Height (max.) 45 feet Maximum Lot CoveralZe of all structures 35% * All standards are minimum requirements unless noted (C) Uses Proposed Uses 1. Permitted a. Neighborhood Services b. Nonprofit Recreational, Cultural and Entertainment Uses c. Offices d. Personal and Professional Services, less than 3000 sf e. Personal Health and Beauty Services, less than 3000 sf 2. Conditional a. Animal Clinics b. Churches c. Clinics d. Child Day Care Facilities, Commercial e. Dwellings, Multi-Family f. Funeral Homes Current Uses Permitted Daycare facilities Neighborhood services(not to exceed 3,000 square feet in gross floor area) Nonprofit/public buildings Personal and professional services (not exceeding3,000 square feet of gross floor area) Personal health and beauty services (not exceeding3,000 square feet of gross floor area) Residential care facility Conditional Animal clinics (no kenneling allowed) Churches Clinics Funeral homes Light manufacturing and assembly (straight trucks only, no jointed or semi- tractor trailer trucks) Multi-family dwellings City of Farmington Zoning Regulations Working Draft-December 5,2001 page 59 . . . g. Health Clubs h. Light Manufacturing Facilities i. Personal and Professional Services, greater than 3000 sf j. Personal Health and Beauty Services, greater than 3000 sf k. Public and Parochial Schools 1. Public Utility Buildings 3. Accessory a. Parking Lots DRAFT Neighborhood convenience stores (no gasoline sales, not exceeding 3,000 square feet in gross floor area - no automotive repair facilities allowed) Parking lots Personal and professional services (exceeding 3,000 square feet in gross floor area) Restaurants (no drive- thru services, limited t03,000 square feet of gross floor area, no alcohol sales) Schools Interim Uses Automobile repair; minor(eff. until 6-7-2002) City of Farmington Zoning Regulations Working Draft - December 5, 2001 page 60 . . . 10-1-4: DEFINITIONS: Terms not defined in this Title shall have the meanings customarily assigned to them as a matter of usage. The defined words which follow shall be interpreted accordingly: ACCESSORY APARTMENT: A dwelling unit which is subordinate to a permitted principal one-family residence in terms of size, location and appearance and located on the same lot therewith. ACCESSORY BUILDING OR USE: Any building or use customarily incidental and subordinate to the principal building or use and located on the same lot as the principal building or use. ACCESSORY STORAGE BUILDING: Any portable or permanent building designed to be used in conjunction with a dwelling unit for the storage of garden, lawn, recreational or similar domestic supplies and equipment. AGRICUL TURE: Cultivating the soil, producing crops and raising livestock. ANIMAL CLINIC: An establishment where animals are treated and/or hospitalized by veterinarians. ANTENNA: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, satellite dishes, and omni- directional antennas, such as whip antennas. ASSOCIA TION: An organization consisting exclusively of all unit owners which possess certain powers and authority over common elements in planned unit developments, condominiums, town homes or other property. AUTOMOBILE REPAIR, MAJOR: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including bodywork, framework, welding and major painting service. AUTOMOBILE REPAIR, MINOR: The replacement of any part or repair of any part which does not require removal of the engine head or pan, engine transmission or differential; incidental body or fender work, minor painting and upholstering service. BASEMENT: A story having more than fifty percent (50%) of its clear height below finished grade. BOARD: The Board of Adjustment established by this Title. BOARDING HOUSE: A building, not a hotel or motel, where for compensation and for prearranged periods, meals and/or lodging are provided to not less than three (3) nor more than ten (10) persons. BUILDABLE AREA: The space remaining on a lot after the minimum setback and open space requirements of this Title have been met. BUILDING: Any structure intended for the shelter, support or enclosure of persons, animals or property of any kind. CERTIFICATE OF OCCUPANCY: A certificate issued by the Building Inspector for any structure built or change of use within any structure before it is occupied. CLINIC: Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight. CLUB: Any establishment operated for social, recreational or educational purposes but open only to members and not to the general public. COMMERCIAL WIRELESS TELECOMMUNICA TION SERVICES: Licensed commercial wireless telecommunication services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), pager, and similar services that are marketed to the general public. CONDITIONAL USE: A use which, because of special problems of control, requires reasonable limitations peculiar to the use for the protection of the public welfare and the integrity of the Comprehensive Plan. CONDITIONAL USE PERMIT: A permit issued by the Planning Commission in accordance with procedures specified in this Title as a flexibility device to enable the Commission to assign dimensions to a proposed use or the . . . conditions surrounding it after consideration of adjacent areas and their functions and the special problems which the proposed use presents. CONDOMINIUM: Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners ofthose portions. CONDOMINIUM UNIT: A portion of a condominium, whether or not contained solely or partially within a building, designated for separate ownership, the boundaries of which are described pursuant to MSA section 515A.2-11O. COVERAGE: That portion of a lot covered by the principal and accessory use structures. DA YCARE FACILITY: Any State or County licensed facility, public or private, which for gain or otherwise regularly provides care of a child in a residence outside the child's own home for periods of less than twenty four (24) hours per day. DENSITY: The number of dwelling units per acre allowable in each district as established in Table 1, Section 10-4- 2 of this Title. DISTRIBUTION CENTER: Any establishment which provides for the distribution of goods or tangible personal property, excluding retail sales. DRIVE-IN ESTABLISHMENT: An establishment which accommodates the patron's automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed or business conducted in the automobile. DWELLING: A building or portion thereof designed or used exclusively for residential occupancy, including one- family, two-family and multiple-family dwelling units, but not including hotels, motels, boarding or lodging houses. DWELLING, MUL TIPLE-F AMIL Y: A building, or portion thereof, designed exclusively for occupancy by three (3) or more families living independently of each other. DWELLING, SINGLE-F AMIL Y: A detached housing unit containing a single principal dwelling unit. DWELLING, TOWNHOUSE: Single-family attached units in structures housing three (3) or more contiguous dwellings, sharing a common wall, each having separate front and rear entrances; the structures are a row type house as distinguished from multiple dwelling buildings; not to exceed eight (8) units in each structure. DWELLING, TWO-F AMIL Y (DUPLEX): A housing unit containing two (2) principal dwelling units. ELDERL Y, HANDICAPPED HOUSING: Living space which does not exceed five hundred seventy five (575) square feet per unit with at least sixty percent (60%) of all occupants to be elderly as defined by HUD or handicapped as defmed by the Social Security Administration. EQUIPMENT MAINTENANCE AND STORAGE: A structure for maintenance, repair or storage of equipment on property owned by the owner of said equipment. ESSENTIAL SERVICES: Underground or overhead gas, electrical, steam, water or other transmISSIon or distribution systems; collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire and alarm systems, traffic signals, hydrants and similar equipment, but not including buildings. F AMIL Y: One or more persons related by blood, marriage, adoption or foster parent relationships occupying a dwelling and living as a single housekeeping unit, or a group of not more than four (4) persons not so related, maintaining a common household and using common cooking facilities. FAST FOOD/DRIVE-INS: Food is served in disposable containers and the customer may have the option to eat at the facility or to take the food out. The customer turnover rate at these facilities is very high and the food order is generally placed by the customer at a central counter. FEEDLOT: A confmed area or structure used for feeding, breeding or holding ten (10) or more stock for eventual sale in which animal waste may accumulate, also including barns, pens and other structures. . . . FLOOD: A temporary rise in stream flow or stage that results in inundation of areas adjacent to the channel. FLOOD FRINGE: That portion of the flood plain outside of the floodway and utilized in this Title as a zoning district superimposed over districts suggested by the Farmington Comprehensive Plan. Flood fringe is synonymous with the term floodway fringe used in the Flood Insurance Study for Farmington. FLOOD PLAIN: The areas adjoining a watercourse which either have been or may be covered by the regional flood. FLOOD PROOFING: A combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages. FLOODW A Y: The channel of the watercourse and those portions ofthe adjoining flood plains which are reasonably required to carry the regional flood and utilized in this Title as a zoning district with very limited potential for development. FLOOR AREA: The sum of the gross horizontal areas of several floors of a building or buildings measured from the exterior faces of exterior walls or from the center line of party walls. GARAGE, PRIVATE: An accessory building or accessory portion of a principal building not more than one thousand (1,000) square feet in area which is intended for and used to store the private passenger vehicles and trucks not exceeding twelve thousand (12,000) pounds gross weight, of the family or families resident upon the premises, and in which no business service or industry is carried on. HOME OCCUPATION: An occupation carried on in a dwelling unit which is clearly incidental and secondary to the use of the building for dwelling purposes and which does not change the character thereof. HORTICULTURE: The growing of garden vegetables, small fruit, orchards, flowers and ornamental shrubs. HOSPITALS: An institution providing health services primarily for human inpatient medical and surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities and staff offices that are an integral part of the facilities. HOTEL: A building in which there are more than eight (8) sleeping rooms offered with or without meals for compensation and open to transient or permanent guests where no provision is made for cooking in any individual room or apartment. INTEGRA TED CONDOMINIUM: The condominium consists of land not previously platted and stands as a complete entity. KENNEL: Any structure or premises in which three (3) or more domestic animals over six (6) months of age are bred for sale, boarded, trained or kept. LIGHT MANUFACTURING: The processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties. LIGHT MANUFACTURING AND ASSEMBLY: A use engaged in the basic processing and fabrication of materials predominately from previously prepared materials, of finished products or parts where no process involved will produce noise, vibration, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties. The shipment and/or delivery of products and product components shall be limited to straight trucks; no jointed or semitractor trailer trucks are allowed. LOADING BERTH: An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials and merchandise. LOT: A parcel of land occupied or capable of being occupied by one or more structures, having principal frontage on a public street and intended as a unit for transfer of ownership. LOT AREA: The area of a lot in the horizontal plane bounded by the lot lines but not including any area occupied by the waters of a lake or river or area which has been dedicated or intended as an easement for a public thoroughfare or road. . . . LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets. LOT, DEPTH OF: A mean horizontal distance between the front and rear lot lines. LOT, MINIMUM AREA: The measurements of a lot computed exclusive of any portions of the right of way of any public thoroughfare. LOT OF RECORD: Any lot which individually or as a part of a subdivision has been recorded in the office of the Register of Deeds of the County. LOT, WIDTH OF: The distance measured between lot lines parallel to the front lot line at the minimum required front yard setback. MANUFACTURED BUILDING: A structure that is fabricated entirely or substantially off-site, carries a Minnesota manufactured building seal and dataplate and meets the requirements of MSA 16.852 and MCAR 1.10303 and, when erected and connected to utilities, conforms with the Uniform Building Code. MANUFACTURED HOME: A structure, transportable in one or more sections, which in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on-site is three hundred twenty (320) or more square feet, and which is built on a permanent chassis with or without a permanent foundation all in accordance with the Manufactured Home Building Code as defmed in MSA, chapter 327.31, subdivision 3. MANUFACTURING: The making of goods and articles generally on a large scale and with division of labor. MINERAL EXTRACTION: Any part of the process in the extraction of minerals by removing the overburden and extracting directly from the mineral deposits exposed involving fifty thousand (50,000) cubic yards in a calendar year or, if the activity of removal will last more than one year. MOTEL: A building or group of buildings used primarily as a temporary residence for motorists, tourists or travelers. MOTOR FREIGHT TERMINAL: A building or area in which freight brought by motor truck or rail is assembled and/or stored for routing by motor truck. MOTOR FUEL STATION, MAJOR: A place of business engaged in the sale of motor fuels and dispensing the services generally associated with the operation and maintenance of motor vehicles, including auto or truck repair facilities. MOTOR FUEL STATION, MINOR: A place of business engaged in the sale of motor fuels, incidental petroleum products and in addition, offering for sale goods not essential to the motoring public. NEIGHBORHOOD SERVICES: Uses that provide services to neighborhood residents which include, but are not limited to: libraries, copying and postal services, locksmiths, jewelry/watch repair, upholstery and furniture repair, computer services and repair, dry-cleaningllaundries/tailoring shop and optical retail. NONCONFORMING STRUCTURE: Any structure permitted by existing City ordinance prior to the adoption of provisions prohibiting such use in such location. NONCONFORMING USE: Use of land, building or structure which does not comply with all regulations of City ordinances governing the zoning district in which such use is located, adopted subsequent to the initiation of said use. NOXIOUS MATTER OR MATERIALS: Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well-being of individuals. NURSING HOME: A licensed establishment having accommodations for the continuous care of two (2) or more invalid, infirm, aged convalescent patients or disabled persons that are not related. OUTDOOR SALES: Intermittent buying and selling plus leasing and trading of goods, merchandise or materials where such goods are not enclosed within a building. . . . OVERLAY ZONE: A mechanism which provides standards and guidelines for architectural, aesthetic and development controls within a designated zoning district which are more restrictive than those required by code within that district. PERFORMANCE STANDARDS: Criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. PERMITTED USE: A public or private use which conforms with the purposes and objectives of a particular district and conforms with all requirements, regulations and performance standards of such district. PERSONAL AND PROFESSIONAL SERVICES: Nonretail services involving predominantly the handling of information or the performance of administrative services which may include services provided both on-site and off- site on a walk-in or appointment basis, such as counseling or indirect or nonpersonal service such as real estate, travel agencies, financial agencies, insurance offices and professional services which include, but are not limited to: legal, psychology, and accounting services. PERSONAL HEALTH AND BEAUTY SERVICES: The selling of services that involve personal health and beauty care and treatment to clients on a walk-in or appointment basis. These services include, but are not limited to: barbershops, beauty salons, nail salons, chiropractic services, weight-loss services, health clubs, dance studios, and tanning salons. "Therapeutic massage" is included with these services and is defined in subsection 3-15-2(B) of this Code. PETROLEUM BULK STORAGE: Liquid gasoline, oil, fuel oil or kerosene stored in containers or in tanks aboveground outside of buildings. PLANNED UNIT DEVELOPMENT: A tract of land which contains one or more principal and accessory uses developed under unified ownership or control, the development of which may be unique and of a substantially different character than that of the surrounding district. PRIMARY ZONING DISTRICT: The district which identifies the predominant land use in areas also designated on the Zoning Map as the Flood Fringe District. PRINCIPAL USE: The main use to which the premises is devoted and the principal purpose for which the premises exists. PUBLIC HEARING: A hearing pursuant to a notice published once in the official newspaper of the City at least ten (10) days prior to the date of such hearing, which notice shall specify the general purpose, time and location of such hearing. Any hearing after such publication may be continued, recessed or adjusted, .from time to time, without further publication or notice thereof. PUBLIC UTILITY SERVICE: The providing of electric power, gas, landline telephone service, sanitary sewer and water, plus storm sewers, where appropriate, to the general public. PUMP SETBACK: The distance from the street right-of-way line to the center line of the motor fuel station pump island measured as a perpendicular distance from the right of way. RECREATIONAL VEHICLE: Any vehicle as defined by MSA chapter 327.15. RECYCLABLE MATERIALS: Materials that are separated from mixed Municipal solid waste for the purpose of recycling as defmed in the City's solid waste code, including, but not limited to, paper, glass, metals, automobile oil, batteries, cardboard, rubber (excluding tires and wood products). RECYCLING FACILITY: A building used for the collection and processing of recyclable materials. Processing does not include end use manufacturing. The collection and processing of recyclable materials includes the preparation of material for efficient shipment or end users' specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting and shredding. REGIONAL FLOOD: A flood which is representative of large floods known to have occurred generally and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. REGULATORY FLOOD PROTECTION ELEVATION: An elevation no lower than one foot (1') above the regional flood plus any increases in flood elevation caused by encroachments on the flood plain. The regulatory . . . flood protection elevation within the Floodway and Flood Fringe Districts shall be established by adding one foot (1') to the base floodwater surface elevations with floodway listed in the Floodway Data Table contained in the Flood Insurance Study. RESEARCH FACILITY: Any establishment where research and development are conducted related to activities such as the manufacturing or production of tangible personal property, including medical, technical and scientific research. RESIDENTIAL CARE FACILITY: Any State or County licensed facility, public or private, which provides care for children or the aged or infirm, or for those who may be disabled, and includes licensed programs defined under MSA section 245A.02, subdivisions 10 and 14. RESTAURANT: A sit-down facility offering food on permanent reusable tableware and dishes. A restaurant may offer a high or moderately priced menu and could belong to national chain operations. Their service may include a limited takeout menu. The average turnover rate per customer is about one hour. SEGREGATED CONDOMINIUM: The condominium consists of a single lot or group of lots within a plat. SIGN: Any name identification, display, illustration, insignia or device which is publicly displayed and which is used to direct attention to a product, person, business, institution or place. SOLAR ENERGY SYSTEM: Collectors which provide at least fifty percent (50%) of annual space heating needs and at least ninety percent (90%) of hot water heating needs when the solar index registers seventy (70). SPECIAL RECYCLING ACTIVITY: Recycling activity associated with nonprofit community organization events or fundraisers which have obtained a special recycling activity permit pursuant to Section 7-1-3 of this Code. Each nonprofit organization shall be limited to four (4) 72-hour events per year. STRAIGHT TRUCKS: A vehicle used to carry large or heavy loads that is nonjointed and is not a semitractor trailer truck. STRUCTURE: Anything constructed or erected, the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground, including buildings, billboards, carports, porches, signs and other building features, but not including sidewalks, drives, fences and patios. SUPPLY YARD: A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. Supply yards do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles. TOWER: Any ground- or roof-mounted pole, spire, structure or combination thereof taller than fifteen feet (15'), including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. TOWER, MULTI-USER: A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity. TOWER, SINGLE-USER: A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this Code. V ARIANCE: A waiving by the Board of Adjustment ofliteral provisions of the Zoning Title. YARD: A required open space on a lot as specified by setbacks in Section 10-4-2 of this Title which is unoccupied or unobstructed by structures from ground level upward. ZONING DISTRICT: An area or areas within the limits of the City of Farmington for which the regulations and requirements governing use, lot size, buildable area and density are uniform. (Ord. 086-177, 3-17-1986; amd. Ord. 086-183,9-15-1986; Ord. 091-246, 5-20-1991; Ord. 094-344, 12-19-1994; Ord. 096-382, 10-21-1996; Ord. 096- 383,11-18-1996; Ord. 097-398, 7-7-1997; Ord. 099-424, 3-1-1999; Ord. 099-426, 3-15-1999) . . . 10-2-3: ZONING DISTRICTS, PURPOSE: A-I Agricultural District is intended to protect existing agricultural investments until such time as public utilities may be extended and there is need for additional urban development land. A-2 Agricultural Preserve District is proposed to identify lands intended for long-term agricultural use with a residential density not to exceed one unit per quarter/quarter section. R-1 Low Density Residential District is established to provide extensive areas within the community for low density development with full public utilities in a sequence which will prevent the occurrence of premature scattered urban development. R-2 Medium Density Residential District is intended as an area which incorporates older existing development as well as undeveloped land that would be suitable for small lot single-family constructions as well as duplexes, townhouses and quad homes. R-3 High Density Residential District is designated to provide areas of the City which will allow multiple dwellings in areas close to business and services, public facilities and good transportation. The location of these areas generally follows the recommendations made in the Comprehensive Plan. R-4 Mixed Code Residential District is established to provide areas of the City where manufactured housing may be located on either subdivided or unsubdivided developments in attractive neighborhoods in areas designated as medium density in the Comprehensive Plan. B-1 Limited Business District is intended to provide areas along major thoroughfares for unified commercial centers oriented to serving automobile traffic. B-2 General Business District is proposed to identify downtown Farmington allowing general commercial uses including retail and wholesale sales, office space and service establishments as well as repair services. These uses may be developed in combination with high density residential dwellings. B-3 Heavy Business District is a transitional classification designed to provide space for certain commercial and industrial uses which are compatible together but do not fit well in either the Limited or General Business Districts. (Ord. 086-177, 3-17-1986) B-4 Neighborhood Business District is intended to provide a setting for low and medium density housing combined with complementary and supporting business land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. (Ord. 099-423, 3-1-1999) I-I Light Industrial District will provide areas in Farmington that may be developed by industrial uses which are landscaped and otherwise compatible with adjoining residential districts. C-1 Conservation District is provided to recognize vital environmental resources of the community including steep slopes, wetlands and unstable soil conditions and to allow development only after careful analysis. F -1 Floodway District identifies the flood hazard areas of Farmington and regulates the construction in a manner which will protect the capacity of the flood plain to carry and discharge the regional flood. F-2 Flood Fringe District designates lands outside the floodway but subject to inundation by the regional flood. To minimize flood damage, structures are permitted on fill but with no first floor or basement below the flood protection level. F-3 General Flood Plain District identifies those areas inundated by the 100-year flood but determined by approximate methods with no base flood elevations shown or flood hazard factors determined. It includes both floodway and flood fringe areas of tributaries into the Vermillion River. (Ord. 086-177, 3-17-1986) . . . 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: " .L\V Lee Smick, AICP IV'" Planning Coordinator SUBJECT: Consider Lot Width, Lot Size and Setback Variance Request - Greg Young DATE: January 8, 2002 INTRODUCTION The applicant, Greg Young, 1017 3rd Street is seeking approval of a 12 and 18 foot variance to the 75-foot minimum lot width, a 310 square foot variance to the 10,000 square foot minimum lot size and a variance to the front and side yard setback requirements allowed under Section 11-4-2 of the City Code. DISCUSSION As shown on the attached Certificate of Survey, the applicant proposes to split the lot into two parcels. Parcel A is pr~sed with a 63-foot lot width, a 10,710 square foot lot size, existing front yard setbacks of 10.5 feet along 3 Street and 7.5 feet along Ash Street, and an existing side yard setback of 13.5 feet on the north side of the existing building. The applicant is seeking a 12-foot variance to the 75-foot minimum lot width, a 39.5 foot variance to the minimum 50-foot front yard setback along 3rd Street, and a 42.5 foot variance to the minimum 50-foot front yard setback along Ash Street. Parcel B is proposed with a 57-foot lot width, a 9,690 square foot lot size, an existing front yard setback of 32.5 feet and side yard setbacks of9.5 feet on the north side of the existing building and 13 feet on the south side of the building. In regards to Parcel B, the applicant is seeking an 18-foot variance to the 75-foot minimum lot width, a 310 square foot variance to the 10,000 square foot minimum lot size, a 17.5 foot variance to the minimum 50-foot front yard setback, and a 0.5 foot variance to the minimum 10-foot side yard setback. Section 10-4-2: Lot and Yard Requirements B-1 Limited Business Minimum Lot Size -10,000 sf Minimum Lot Width - 75 feet Minimum Front Yard Setback - 50 feet Minimum Side Yard Setback - 10 feet As shown on the attached map, most of the surrounding lots consist of 60-foot wide lots. The applicant will propose to seek a Comprehensive Plan Amendment and a rezoning of the lots in the future upon approval of the Zoning and Subdivision Code by the City Council in February. The applicant will propose to rezone Parcel A from B-1 to R-2. The R-2 zoning district includes a minimum lot width of 60 feet, a minimum lot size of 6,000 square feet, a minimum front yard setback of 20 feet, and a minimum side yard setback of 6 feet. Upon approval of the potential rezoning of Parcel A to R-2, the only requirements that the lot will not conform with are the minimum front yard setbacks along 3rd Street and Ash Street. . . . The applicant will also propose to rezone Parcel B from B-1 to B-4. The proposed B-4 minimum lot width is 50 feet, the minimum lot size is 5,000 square feet, the minimum front yard setback is 20 feet, and the minimum side yard setback is 6 feet. Upon approval of the potential rezoning of Parcel B to B-4, the existing structure will be in compliance with the proposed B-4 requirements. The applicant has been informed that the proposed zoning code revisions will benefit his proposed rezoning application by bringing the proposed lot requirements into compliance with the code revisions, except for the minimum front yard setbacks on Parcel A. However, the applicant would like to split the lot at this time in order to sell Parcel A rather than waiting for the approval of the zoning code revisions, Section 10-8-6 Variances states: The Board of Acijustment shall have the power to vary from the requirements of this Title, and to attach conditions to the variance as it deems necessary to assure compliance with the purpose of this Title. (A) Literal enforcement of this Title would result in undue hardship with respect to the property. Response: The property consists of two principal uses. The approval of the variance will allow two parcels to be formed, each having one use. (B) Such unnecessary hardship results because of circumstances unique to the property. Response: The property consists of two principal uses. The approval of the variance will allow two parcels to be formed, each having one use. (C) The hardship is caused by provisions of this Title and is not the result of actions of persons presently having an interest in the property. Response: Section 10-4-2 of the City Code requires a 75-foot wide minimum lot width, a 10,000 square foot minimum lot size, a minimum 50-foot front yard setback, and a minimum 10-foot side yard setback. (D) The variance observes the spirit and intent of this Title, produces substantial justice and is not contrary to the public interest. Response: Platted lots in the City allow one principal use. The variance would provide substantial justice and is not contrary to the public interest because the split would allow each parcel to maintain a principal use. (E) The variance does not permit a lower degree of flood protection than the flood protection elevation for the particular area or permit standards lower than required by State law. Response: The proposed lot split does not exist within any flood plain. ACTION REOUESTED Staff recommends approval of a l2-foot variance to the 75-foot minimum lot width, a 39.5 foot variance to the minimum 50-foot front yard setback along 3rd Street, and a 42.5 foot variance to the minimum 50-foot front yard setback along Ash Street on Parcel A. Staff also recommends approval of an l8-foot variance to the 75- foot minimum lot width, a 310 square foot variance to the 10,000 square foot minimum lot size, a 17.5 foot . variance to the minimum 50-foot front yard setback, and a 0.5 foot variance to the minimum 1O-foot side yard setback on Parcel B. Respectfully submitted, /:~1: .... d s:;~ V. Lee Smick, AICP Planning Coordinator cc: Greg Young, 1017 3rd Street File . . . CITY OF FARMINGTON VARIANCE APPLICATION Farmington, MN 55024 , ?1-463-7111 FAX 651-463-1611 Applicant Name ~ ~ Applicant Address j()/ St ~",;1l~1J /IJA/ Stree1+ ItJU.5~ City V State Zip Code Phone Number 1t:6'1.. ~.. ~1:$J Legal Description of Subject Property: (lot, block, plat name, section, township, range) Current Land Use urrent Zoning District ~ecific Nature ofReque~11X:laimed Hardship: :5ptl- (!t..MI"'UC/lf/,/'leJ;;;deNt~ ftJl- Property Owner's Signature Date Proof of Ownership _ BoundarylLot Survey X Application fee ($150) _ Copies of Site Plan _ AbstractJResident List (adjoining property owners only) _ Torrens (Owner's Dublicate Certificate of Title Required) Following Attached: (please check) . c: o ~ ...:J ~ e a... TI I i I I I I ! I is a~€ r- ef) >- ~ o ~ () - :c it ::1,,- (/)0.. I ! I i I I I I I i I I I i I i ! I I I I i I , i I I I I I I f- en :r: U) <( z+ . _0 - :J ~g oi-g IlCJ ~o B:5~oo ioge-! 5......... &.~ ijo....~ ..O! 1i: ... 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V \ \ ------_._---~--~_._----_...'~~." '" z.~ '" .~ '(ii 0- ... II) m l! Q) C)~ ~ c c- s ......- Q) :I ~-c(J;5 mo::'- i :Jm. ct::ccc- ~<Di ! '-" . . . 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 \(PC- Planning Coordinator SUBJECT: Consider Ordinance Amendment - Title 10, Chapters 1.10 of the Farmington City Code - Zoning Ordinance and Title 11, Chapters 1-6 of the Farmington City Code - Subdivision Ordinance DATE: January 8, 2002 INTRODUCTION Since October of 2001, the City Council, Planning Commission and City staff has been involved with preparing ordinance amendments to the City's Zoning and Subdivision Code. The amendments to the code were prepared by the City's consultant, Hoisington Koegler Group, Inc. and are attached to this document along with the proposed amendments to the Zoning and Subdivision Code. DISCUSSION At the December 12, 2001 Joint City Council/Planning Commission meeting, City staff determined that it would be beneficial to review the proposed code amendments to the development community. Staff presented the proposed code amendments to developers on January 3, 2002 in order to receive comments concerning the revisions. A number of developers attended the meeting including: Michael Noonan - Rottlund Homes, Larry Frank - Arcon Development, Don Patton and Mike Sue 1- 0 R Horton, Steve Juetten - Newland Communities, and Benton Ford representing Progress Land Company. The following is a list of comments received from the developers. 1. Measurements for front yard setbacks from a public and private street should be addressed. 2. A gradation of the net density between the proposed R-3, R-4, and R-5 zoning districts should be addressed. 3. Proposed revisions to the maximum height of structures should be reviewed. 4. The elimination of the review of final plats by the Planning Commission should be reviewed. Hoisington Koegler Group, Inc. will address each of the above comments during the public hearing presentation of the ordinance amendments to the Zoning and Subdivision. ACTION REQUESTED Recommend approval of the Ordinance Amendments addressing Title 10, Chapters 1-10 of the Farmington City Code - Zoning Ordinance and Title 11, Chapters 1-6 of the Farmington City Code - Subdivision Ordinance and forward this recommendation to the City Council. . Respec~ly SUb::gitted, O?: II PIa cf-# - Lee Smick, AICP Planning Coordinator . . . . . Memorandum Hoisington Koegler Group Inc. 11113 110 TO: Farmington Planning Commission and Staff FROM: Loren Gordon, AICP DATE: January 3,2002 SUBJECT: Zoning and Subdivision Code Drafts - Planning Commission public hearing, January 8, 2002 The January 8, 2002 Zoning and Subdivision Code Drafts are in order for the Planning Commission's review and recommendation to City Council. This draft represents the most recent revisions from the December 12, 2001 Planning Commission/City Council joint workshop in addition to appropriate Staff and developer comments. Lee Smick has included a memo noting developer comments. As with all previous working drafts, this version incorporates a legislative format to identify new text as underlined and deleted text with a stfik.ethreugh. V erticallines on the margins also assist in locating areas of changes. A number of organizational changes have been made which are also indicated by the changes in numbering. Procedurally, the Planning Commission is designated by Minnesota State Statute as the body responsible for holding public hearing for zoning ordinance amendments, both text and map. Pursuant to M.S.S. 462.357, this hearing has been published in manner consistent with the Statute. Depending on the amount of comments received from Commission members, residents, business owners, and the development community should gage the amount of comments received to determine if they can adequately be addressed at the meeting or if an additional meeting should be held to respond. As the Commission is aware, if the item is tabled, the Commission has the option of closing the hearing or leaving it open as a continuance to a specified date. I offer these comments as a reminder of standard procedures for Commission members. As a refresher to the purpose of this update, it essentially accomplishes two purposes, 1) it satisfies the consistency needed between the Comprehensive Plan and land use implementation tools, namely Zoning and Subdivision Codes and 2) it addresses a number of outdated or deficient sections. There are some sections you will note, such as the Signs and Billboards, which were determined will be addressed at a later time. This section in particular, has been reserved for a future update. After the Zoning Ordinance text is adopted, Staff will present revisions of the Zoning Map to the Planning Commission and City Council. As discussed previously, the Planning Commission will hold public hearing on the map as well. In terms of a presentation, I will be prepared to review in detail the revisions to the Zoning and Subdivision Ordinances. Depending on the number of persons present for the public hearing, I will gauge the detail of my presentation as requested by the Commission. We can discuss this at the meeting. To assist with review, the Draft following commentary should assist in identifying what sections were changed and why they were made. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 . p.2 Farmington Planning Commission public hearing January 3, 2002 Chapter 1: Introduction . New Title (10-1-1), Validity (10-1-4), Repealor (10-1-5), and Effectuation (10-1-6) sections Chapter 2: Definitions . The definitions section is a comprehensive list of those previously found in other sections like landscaping, wetland, and adult use sections. . A number of new definitions to provide clarity and support for ordinance provisions. . There are definitions still within the Sign section that will be incorporated in Chapter 2. . Chapter 3: Administration and Enforcement . A number of administrative title changes throughout - i.e. Zoning Officer and Building Official. . Section 10-3-3 Board of Adjustment has the ability to establish Interim Use Permits. . Section 10-3-5 Conditional Uses - Statement to invoke reasonable conditions to mitigate impacts. . Section 10-3-5(C)(7-9) Conditional Uses - Delete references to Conservation and Floodplain Districts. . Section 10-3-6 Variances (C) - New language for fmdings of fact based on practical difficulty and undue hardship. . Section 10-3-6 - Removal of floodplain language in CUP and Variance sections. . Section 10-3-7 - New section to address Interim Use Permits for temporary uses like quarries and land excavation. . Section 10-3-8 and 10-3-9 - New language to formalize appeals regarding fees and matters before City Council. . Section 10-3-1 1 (E) - Rezoning language to reflect new State Statute. Rezoning from Commercial to Residentially zoned property requires 3/5ths vote while rezoning from Residential to Commercial property requires a 4/5ths vote. This section also does not specifically require Council to hold a public hearing on a rezoning unless they so choose. . New enforcement language to reflect MN State Statue in 10-3-12 and 13. Chapter 4: General Provisions . A number of sections in 10-4-1 General Requirements have been deleted because it is addressed by and/or is obsolete new zoning district or performance standard requirements. . Section 10-4-2 (B) Nonconforming Uses - This section is deleted to prevent the continued use of a building/land for a nonconforming use. . Section 10-4-6 Heritage Preservation Commission - Reference for zoning purposes to the HPC in Section 2-11 of the City's Municipal Code. . Chapter 5: Zoning Districts and District Provisions . 10-5-5 Agricultural District - Revision of the minimum lot size from 1 to 40 Acres for Comp Plan consistency. . New Districts: 1. R-3 Medium Density Residential - This district was created for townhomes only. Staff has identified the need to make this distinction to prevent them from being intermingled with single family residential homes. 2. R-5 High Density Residential - This district was created for multi-family apartments only. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 . . . p.3 Farmington Planning Commission public hearing January 3, 2002 Again, the idea is to have a specific zoning district for apartments. 3. Downtown Transitional - new zoning district intended to address mixed and higher density areas adjacent to downtown. 4. Downtown Residential - new zoning district intended to address the historical platting of single family areas generally east and south of downtown. 5. Spruce Street Commercial - new zoning district intended to provide areas for larger retail commercial uses that are not appropriate for the downtown. This district foresees an extension of Spruce Street and a complementary relationship of uses and design standards with the downtown. Material and design standards are set forth that require a high level of quality. Part of the discussion on this district is some general boundaries of this district. This district is focused on addressing the scale issues of "big box" retail development. 6. Industrial Park - This recognizes the existing industrial park and incorporates design standards. 7. Business Park - A new district that anticipates a higher level of design than the current industrial park incorporating many of the same building and site design standards as the Spruce Street Commercial District. 8. New Overlays: . Planned Unit Development - revisions are intended to allow more design flexibility by removing some standards. Also, the submittal and review timeframes are revised to be more realistic with current practice. . Floodplain - The Floodplain becomes an overlay district to provide better coverage for those areas outside of the City limits where limited information exists. . Deleted Districts; 1. Agricultural Preserve - The A-I and A-2 districts have been combined into one district that is essentially for agricultural pursuits. Single family residential is now limited to a I house per40 acres which is a major change from the current regulations which allow 1 acre lots. 2. Mixed Code Residential- The Residential Transition District is revamps this District. 3. Conservation - There were many property rights issues with this section as well as an inherent inconsistency in its intent which would have allow large lot residential. Most of the conservation areas on the map are within environmentally sensitive areas like floodplains which will ultimately limit development. 4. Floodway 5. Flood Fringe 6. General Flood Plain . Many revisions to use and bulk charts as noted as previously discussed. Chapter 6: Performance Standards . 10-6-3 Signs - This Section has been moved from Section 4 into the Zoning Code. Staff has made a number of revisions to the Section. Of note are the maximum size and height and the banning of pylon signs. This is a discussion item on the agenda and Staff will have examples of the proposed revisions. Definitions need to be pulled from this section and added to the comprehensive list. . 10-6-4 Off-Street Parking - There are a number of revisions to the number of spaces required of various use categories as well as the addition of some use categories not previously noted. This section includes a 5 feet driveway setback in residential areas. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 . . . p.4 Farmington Planning Commission public hearing January 3, 2002 . 10-6-5 Off-Street Loading - Increase setback of loading areas from 5 to 10 feet along local streets. . 10-6-9 Screening - Relax the berming setback standard of 15 feet to allow placement up to the right-of-way. Also, increased the screening provisions in item (B) to require a 100% opaque screen in certain instances such as business or industrial uses adjacent to residential areas. . 10-6-1 O(E) Landscaping - #2 Relaxed the landscaped yard provision from 20 to 10 feet which is more in line with district setback provisions. #7 clarified the intent of parking lot landscaping requirements. . 10-6-1O(G) Landscaping - Minor revisions to the acceptable Tree Species list per Staff recommendations. . 10-6-11 Tree Preservation - This is a new section intended to be a first step at requiring the consideration of tree stands in development proposals. This is a "softer" approach but does provide language for the City to stand on for lands that have these resources. The Planning Commission reviewed this language at its October workshop where the general opinion was that it is a good provision to include in the code update. . 10-6-12 Fences - No proposed changes but is a discussion item. . 10-6-16 Sexually Oriented Businesses - Incorporation of ordinance. . 10-6-18 Manufactured Homes - Reflecting State Statute to allow in any district that would allow multi-family dwelling units. . 10-6-19 Industrial Park Design Standards - Incorporate the standards into the Zoning Code. Major revision allows loading docks to be on a street side of a building with certain design and landscaping/screening considerations. Also relaxing parking setbacks from 35 feet to 10 feet from property lines. . 10-6-20 Spruce Street Commercial Design Standards - New section. As discussed in the districts, the design standards for buildings and site details attempt to require a much higher development standard that has a pedestrian scale to compliment an "extended" downtown. These are intended for the Business Park area along Hwy. 50. . 10-6-21 Business Park Design Standards - New section. Again, similar design standards to complement the retail uses in the Spruce Street Commercial District. . 10-6-22 Site Plan review - New section. The idea is to incorporate a design review process to ensure quality development in major development/redevelopment projects. Every new development would be subject to site plan review except single and two family dwellings. In redevelopment, there are triggers for when and who reviews the project. With a full review, the Planning Commission would have the ultimate approval authority. Smaller redevelopment projects are handled at a Staff level and some may be exempt. Many communities are incorporating similar processes to make sure on and off-site development impacts are addressed. Today, Staff incorporates this in development review at an informal level. The provisions intend to put more teeth in the process with a Planning Commission approval. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 . . . 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: Consider Ordinance Amendment - Title 10, Chapters 1-10 of the Farmington City Code- Zoning Ordinance and Title 11, Chapters 1-6 of the Farmington City Code - Subdivision Ordinance DATE: January 8, 2002 INTRODUCTION Since October of 2001, the City Council, Planning Commission and City staff has been involved with preparing ordinance amendments to the City's Zoning and Subdivision Code. The amendments to the code were prepared by the City's consultant, Hoisington Koegler Group, Inc. and are attached to this document along with the proposed amendments to the Zoning and Subdivision Code. DISCUSSION At the December 12, 2001 Joint City CounciVPlanning Commission meeting, City staff determined that it would be beneficial to review the proposed code amendments to the development community. Staff presented the proposed code amendments to developers on January 3, 2002 in order to receive comments concerning the revisions. A number of developers attended the meeting including: Michael Noonan - Rottlund Homes, Larry Frank - Arcon Development, Don Patton and Mike Suel- D R Horton, Steve Juetten - Newland Communities, and Benton Ford representing Progress Land Company. The following is a list of comments received from the developers. 1. Measurements for front yard setbacks from a public and private street should be addressed. 2. A gradation of the net density between the proposed R-3, R-4, and R-5 zoning districts should be addressed. 3. Proposed revisions to the maximum height of structures should be reviewed. 4. The elimination of the review of final plats by the Planning Commission should be reviewed. Hoisington Koegler Group, Inc. will address each of the above comments during the public hearing presentation of the ordinance amendments to the Zoning and Subdivision. ACTION REQUESTED Recommend approval of the Ordinance Amendments addressing Title 10, Chapters 1-10 of the Farmington City Code - Zoning Ordinance and Title 11, Chapters 1-6 of the Farmington City Code - Subdivision Ordinance and forward this recommendation to the City Council. ~yt:f? Lee Smick, AICP Planning Coordinator . -.. . . . . . Memorandum Hoisington Koegler Group Inc. 11113 ~n TO: Farmington Planning Commission and Staff FROM: Loren Gordon, AICP DATE: January 3, 2002 SUBJECT: Zoning and Subdivision Code Drafts - Planning Commission public hearing, January 8, 2002 The January 8, 2002 Zoning and Subdivision Code Drafts are in order for the Planning Commission's review and recommendation to City CounciL This draft represents the most recent revisions from the December 12, 2001 Planning Commission/City Council joint workshop in addition to appropriate Staff and developer comments. Lee Smick has included a memo noting developer comments. As with all previous working drafts, this version incorporates a legislative format to identify new text as underlined and deleted text with a sHikethroagb. V erticallines on the margins also assist in locating areas of changes. A number of organizational changes have been made which are also indicated by the changes in numbering. Procedurally, the Planning Commission is designated by Minnesota State Statute as the body responsible for holding public hearing for zoning ordinance amendments, both text and map. Pursuant to M.S.S. 462.357, this hearing has been published in manner consistent with the Statute. Depending on the amount of comments received from Commission members, residents, business owners, and the development community should gage the amount of comments received to determine if they can adequately be addressed at the meeting or if an additional meeting should be held to respond. As the Commission is aware, if the item is tabled, the Commission has the option of closing the hearing or leaving it open as a continuance to a specified date. I offer these comments as a reminder of standard procedures for Commission members. As a refresher to the purpose of this update, it essentially accomplishes two purposes, 1) it satisfies the consistency needed between the Comprehensive Plan and land use implementation tools, namely Zoning and Subdivision Codes and 2) it addresses a. number of outdated or deficient sections. There are some sections you will note, such as the Signs and Billboards, which were determined will be addressed at a later time. This section in particular, has been reserved for a future update. After the Zoning Ordinance text is adopted, Staff will present revisions of the Zoning Map to the Planning Commission and City Council. As discussed previously, the Planning Commission will hold public hearing on the map as well. In terms of a presentation, I will be prepared to review in detail the revisions to the Zoning and Subdivision Ordinances. Depending on the number of persons present for the public hearing, I will gauge the detail of my presentation as requested by the Commission. We can discuss this at the meeting. To assist with review, the Draft following commentary should assist in identifYing what sections were changed and why they were made. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p.2 Farmington Planning Commission public hearing January 3. 2002 . Chapter 1: Introduction . New Title (10-1-1), Validity (10-1-4), Repealor (10-1-5), and Effectuation (10-1-6) sections Chapter 2: Defmitions . The defmitions section is a comprehensive list of those previously found in other sections like landscaping, wetland, and adult use sections. . A number of new definitions to provide clarity and support for ordinance provisions. . There are definitions still within the Sign section that will be incorporated in Chapter 2. Chapter 3: Administration and Enforcement . A number of administrative title changes throughout - i.e. Zoning Officer and Building Official. . Section 10-3-3 Board of Adjustment has the ability to establish Interim Use Permits. . Section 10-3-5 Conditional Uses - Statement to invoke reasonable conditions to mitigate impacts. . Section 1O-3-5(C)(7-9) Conditional Uses - Delete references to Conservation and Floodplain Districts. . Section 10-3-6 Variances (C) - New language for findings of fact based on practical difficulty and undue hardship. . Section 10-3-6 - Removal of floodplain language in CUP and Variance sections. . Section 10-3-7 - New section to address Interim Use Permits for temporary uses like quarries and land excavation. . Section 10-3-8 and 10-3-9 - New language to formalize appeals regarding fees and matters before City Council. . . Section 10-3-11(E) - Rezoning language to reflect new State Statute. Rezoning from Commercial to Residentially zoned property requires 3/5ths vote while rezoning from Residential to Commercial property requires a 4/5ths vote. This section also does not specifically require Council to hold a public hearing on a rezoning unless they so choose. . New enforcement language to reflect MN State Statue in 10-3-12 and 13. Chapter 4: General Provisions . A number of sections in 10-4-1 General Requirements have been deleted because it is addressed by andlor is obsolete new zoning district or performance standard requirements. . Section 10-4-2 (B) Nonconforming Uses - This section is deleted to prevent the continued use of a buildinglland for a nonconforming use. . Section 10-4-6 Heritage Preservation Commission - Reference for zoning purposes to the HPC in Section 2-11 of the City's Municipal Code. Chapter 5: Zoning Districts and District Provisions . 10-5-5 Agricultural District - Revision of the minimum lot size from 1 to 40 Acres for Comp Plan consistency. . New Districts: 1. R-3 Medium Density Residential- This district was created for townhomes only. Staff has identified the need to make this distinction to prevent them from being intermingled with single family residential homes. 2. R-5 High Density Residential - This district was created for multi-family apartments only. . 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 . p.3 Farmington Planning Commission public hearing January 3, 2002 Again, the idea is to have a specific zoning district for apartments. 3. Downtown Transitional - new zoning district intended to address mixed and higher density areas adjacent to downtown. 4. Downtown Residential - new zoning district intended to address the historical plalting of single family areas generally east and south of downtown. 5. Spruce Street Commercial - new zoning district intended to provide areas for larger retail commercial uses that are not appropriate for the downtown. This district foresees an extension of Spruce Street and a complementary relationship of uses and design standards with the downtown. Material and design standards are set forth that require a high level of quality. Part of the discussion on this district is some general boundaries of this district. This district is focused on addressing the scale issues of "big box" retail development. 6. Industrial Park - This recognizes the existing industrial park and incorporates design standards. 7. Business Park - A new district that anticipates a higher level of design than the current industrial park incorporating many of the same building and site design standards as the Spruce Street Commercial District. 8. New Overlays: . Planned Unit Development - revisions are intended to allow more design flexibility by removing some standards. Also, the submittal and review timeframes are revised to be more realistic with current practice. . Floodplain - The Floodplain becomes an overlay district to provide better coverage for those areas outside of the City limits where limited information exists. . . Deleted Districts: 1. Agricultural Preserve - The A-I and A-2 districts have been combined into one district that is essentially for agricultural pursuits. Single family residential is now limited to a 1 house per40 acres which is a major change from the current regulations which allow 1 acre lots. 2. Mixed Code Residential - The Residential Transition District is revamps this District. 3. Conservation - There were many property rights issues with this section as well as an inherent inconsistency in its intent which would have allow large lot residential. Most of the conservation areas on the map are within environmentally sensitive areas like floodplains which will ultimately limit development. 4. Floodway 5. Flood Fringe 6. General Flood Plain . Many revisions to use and bulk charts as noted as previously discussed. . Chapter 6: Performance Standards . 10-6-3 Signs - This Section has been moved from Section 4 into the Zoning Code. Staff has made a number of revisions to the Section. Of note are the maximum size and height and the banning of pylon signs. This is a discussion item on the agenda and Staff will have examples of the proposed revisions. Definitions need to be pulled from this section and added to the comprehensive list. . 10-6-4 Off-Street Parking - There are a number of revisions to the number of spaces required of various use categories as well as the addition of some use categories not previously noted. This section includes a 5 feet driveway setback in residential areas. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p.4 Farmington Planning Commission public hearing January 3. 2002 . . 10-6-5 Off-Street Loading - Increase setback of loading areas from 5 to 10 feet along local streets. . 10-6-9 Screening - Relax the berming setback standard of 15 feet to allow placement up to the right-of-way. Also, increased the screening provisions in item (B) to require a 100%.opaque screen in certain instances such as business or industrial uses adjacent to residential areas. . 10-6-1 O(E) Landscaping - #2 Relaxed the landscaped yard provision from 20 to 10 feet which is more in line with district setback provisions. #7 clarified the intent of parking lot landscaping requirements. . 10-6-10(0) Landscaping - Minor revisions to the acceptable Tree Species list per Staff recommendations. . 10-6-11 Tree Preservation - This is a new section intended to be a first step at requiring the consideration of tree stands in development proposals. This is a "softer" approach but does provide language for the City to stand on for lands that have these resources. The Planning Commission reviewed this language at its October workshop where the general opinion was that it is a good provision to include in the code update. . 10-6-12 Fences - No proposed changes but is a discussion item. . 10-6-16 Sexually Oriented Businesses - Incorporation of ordinance. . 10-6-18 Manufactured Homes - Reflecting State Statute to allow in any district that would allow multi-family dwelling units. . 10-6-19 Industrial Park Design Standards - Incorporate the standards into the Zoning Code. Major revision allows loading docks to be on a street side of a building with certain design and landscaping/screening considerations. Also relaxing parking setbacks from 35 feet to 10 feet from property lines. . 10-6-20 Spruce Street Commercial Design Standards - New section. As discussed in the districts, . the design standards for buildings and site details attempt to require a much higher development standard that has a pedestrian scale to compliment an "extended" downtown. These are intended for the Business Park area along Hwy. 50. . 10-6-21 Business Park Design Standards - New section. Again, similar design standards to complement the retail uses in the Spruce Street Commercial District. . 10-6-22 Site Plan review - New section. The idea is to incorporate a design review process to ensure quality development in major development/redevelopment projects. Every new development would be subject to site plan review except single and two family dwellings. In redevelopment, there are triggers for when and who reviews the project. With a full review, the Planning Commission would have the ultimate approval authority. Smaller redevelopment projects are handled at a Staff level and some may be exempt. Many communities are incorporating similar processes to make sure on and off-site development impacts are addressed. Today, Staff incorporates this in development review at an informal level. The provisions intend to put more teeth in the process with a Planning Commission approval. . 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 . . . 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: Michael Schultz Associate Planner Itf C- SUBJECT: Appeal of Zoning Decision - Sign Permit Application for Hometown, Inc. DATE: January 8, 2002 INTRODUCTION The appellant, Kim Friedrich of Hometown, Inc., has requested a review by the Planning Commission concerning the decision of Planning staff in the denial of her sign permit application for a proposed wall sign for the business located at 331 3rd Street. DISCUSSION City staff initially received the sign permit application in early November involving the proposed sign. Attached is the denial letter dated November 14, 2001 informing the applicant that the permit application was denied based on the following guidelines outlined in the City's Sign Ordinance: 1. Under Section 4-3-1: Definitions, wall signage is defined as a sign affixed directly to an exterior wall and may project from the wall no more than fifteen (15) inches from all points of the sign (see attached definition). 2. Under Section 4-3-3 (B)la: Signs in the B and I Districts does not allow for more than two (2) wall signs on one (1) building face; The appellant then requested that the City's Development Committee review the sign permit application for their interpretation of the Sign Ordinance. The Committee reviewed the application at their November 27,2001 meeting and concurred with Planning Staffs decision. A copy of the sign plans were also forwarded to the City Attorney for review and was determined that Planning Staff s decision was supported. On December 18, 2001, during a phone conversation, the appellant requested that staff review existing commercial signage within the downtown inquiring why other businesses were permitted two (2) or more cabinet signs. In a letter dated December 19, 2001, staff addressed those questions (see attached letter). . . . Staff feels that the Sign Ordinance clearly states that wall signs are limited to no more than one unit per wall face and that unit may project from the wall no more than fifteen (15) inches at all points. Planning Staff did make a recommendation to the applicant to make use of the current cabinet signs, in the letter dated December 19, 2001, to attach one sign to the front and rear of the building. REQUESTED ACTION For the Planning Commission to review the appeal of the applicant concerning the zoning decision from Planning Staff involving the proposed wall sign for Hometown, Inc. and to render a decision in support or against the appellant and direct staff to draft a Findings of Fact concerning their decision. ~:7Jb- Michael Schultz I Associate Planner cc: Kim Friedrich, Hometown, Inc. . e . December 27, 2001 To Whom It May Concern: I am the owner of Hometown Furnishings located at 331 Third Street in Farmington. I finally made enough profits to justifY redoing the front of my building in hopes to create more traffic for my store and the rest of the downtown area. On or about the 2nd Day of May, 2001, Mr. Y. M. Akbar came into my store and commented on the condition of my sign outside and I agreed it was time. So I signed a contract with Mr. Akbar to repaint the front of the building, new sign, & new awning. I paid Mr. Akbar in full ($6,000.00). He had someone paint the front, took my awning frame and never returned. On or about the 51b day of September, 2001, I met with a gentleman from Signtronixs. The gentleman went over to the city to get preliminary approval on the sign then we walked the block and looked at other signs. On several business there are more than one signs attached. I then ordered the signs at a sum of $13,518.00. I also ordered a new awning at the cost of $1,473.00. The awning cannot be put up until the sign is up. On approximately September 26, 2001, I received the signs. I had some electrical work to do on the front of my building before I could put these signs up. I applied for the permit sometime after that. To my surprise and Signtronixs surprise, I was denied the permit on November 14,2001 in writing. Signtronics asked for this to be reviewed and I was denied the permit again on November 29, 2001 in writing. I called Mr. Schultz and asked him to look at the business on my block and tell me why I could not have these sign up. I was denied a third time in writing on December 19,2001. The basis of denial on all occasions is that the staff considers my sign 2 faceplate signs. I agree they are 2 faceplates so they can be bent at an angle (see attached). This is what we preliminarily had approved in the beginning. I am including pictures of businesses on my block that have more than 1 faceplate bolted together, some even protrude off the building. I have at least 2 customers a week say they do not even know my business is here. r have been here 6 years. I find that the need for a dramatic sign is a must at this point of my business growth. The sign also enhances the front of my building greatly. I also am Including a current picture of the front of my building, as distressed as it is right now. I strongly believe this has created a hardship for my business. If you have any questions please feel free to call me. , 'tlad/Uc-' S~,elY, '1tm Kim Friedrich Hometown Furnishings 331 Third Street Farmington, MN 55024 651-463-9999 INSTALL SECOND UNIT . , 'ff "" ""~''',~i .OUR:~I SiGN', 12) Repeat steps (8) through (11) for the other side. 30 -=e. ...__.~._-_.-._- ..~ I~. 'j'C:j^ lL',+- ')</1 i \ ;3 (;' - 9<{ t ~\ 7]' :~, 23 . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651)463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us November 14,2001 Hometown, Inc. Attn: Kim Friedrich 331 3rd Street Farmington, MN 55024 RE: Sign Permit Application Dear Mrs. Friedrich, City staff has completed review of the proposed cabinet wall sign to be placed on the building of your business at 331 3rd Street. Because the sign is angled at the center and consists of two (2) faceplates, City staff considers this to be two signs, which under Section 4-3-3 (B) restricts more than one (1) sign per building face (see attached language). The City's sign ordinance does allow signs to encroach fifteen (15) inches into the right-of-way measured at all points of the sign (see attached language). City Planning staff is denying the sign permit application for the angled cabinet sign based on the language stated above. If you have any questions or comments please contact me at (651) 463-1821. Sincerely, ;4~' Michael Schultz Associate Planner cc: John Manke, Building Official property file . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us November 29, 2001 Hometown, Inc. Attn: Kim Friedrich 331 3rd Street Farmington, MN 55024 RE: Sign Permit Application - Review of Proposed "Angled" Sign Dear Mrs. Friedrich, City Planning staff has completed a re-review of the proposed cabinet wall sign to be placed on the building of your business at 331 3rd Street. This item was presented to the City Development Committee on November 27, 2001 to discuss if Planning staffs interpretation of the sign ordinance was current in that the wall mount consisted of two signs. It was the consensus of the Development Committee staff that the wall mount did consist of two separate signs. A copy of the sign plans were also forwarded to our City Attorney for his review and would support staff s interpretation of the City Code. The basis of denial of the sign permit application was based on the angle at the center of the mount that, in the opinion of staff, consists of two (2) separate and distinguishable cabinets and faceplates. Because city staff considers this to be two signs, it would not permitted under Section 4-3-3 (B) which specifies only one (1) sign per building face is permitted (see attached language). The City's sign ordinance does allow signs to encroach fifteen (15) inches into the right-of-way measured at all points ofthe sign (see attached language). City Planning staff is denying the sign permit application for the angled cabinet sign based on the language stated above. If you have any questions or comments please contact me at (651) 463-1821. S. I --?/J <' / mcerey" /::Z/d-..(./" ~~ /~~er~/." -.... Michael Sc~ i/ Associate Planner / cc: John Manke, Building Official property file . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us December 19, 2001 Hometown, Inc. Attn: Kim Friedrich 331 3rd Street Farmington, MN 55024 RE: Review of Existing Signage for Downtown Businesses Dear Mrs. Friedrich, This letter is in response to our phone conversation on December 18, 2001 concerning the existing commercial signage for downtown businesses and the proposed signage for your building. Attached are pictures of wall signage of several downtown businesses. All of the signs within the pictures have single-sided wall signs, parallel to the building fa~ade, meaning that the signs face directly out from the building. The latest sign that you have proposed (see attached) has been determined by staff, and concluded by the City Attorney, to be two separate cabinet signs placed at an angle on a frame attached to the building. Concerning the example of the Car Quest Auto Parts sign, that sign has been grandfathered into the Sign Ordinance. The two cabinet signs were installed on the building prior to adoption of the current ordinance; the panels and lettering were replaced in 2000 (see attached portion of subject sign application). One option to be considered would be to remove the cabinets from the frame and place one cabinet sign on the front of the building and the other in the rear of the building. If you would like to consider an appeal of this decision, please submit a written appeal stating the specific context of why you disagree with the decision. This appeal would then be forwarded onto the Planning Commission for their review and recommendation. The next Planning Commission's next meeting date is January 8, 2001, the written appeal should be received at least a week prior to that meeting in order for staff to prepare a report for the Commission. If you have any questions concerning this letter please contact me at (651) 463-1821. ") I Sincer.e~IY" ,,~.. ./1 - :/2"/' .. /~t~ ,.- ,,- Michael Schultz Associate Planner cc: Ed Shukle, City Administrator Kevin Carrol, Community Development Director Property file . . . 4-3-1: DEFINITIONS: SIGNS: Any written announcement, declaration, demonstration, display, illustration, insignia or illumination used to advertise or promote the interest of any person or persons when the same is displayed or placed out of doors in the view of the general public, or a pylon exterior wall or building surface. A sign shall be considered as a structure or part of a structure for the purpose of applying yard and height regulations except as herein stipulated. ADVERTISING SIGN: A billboard, poster panel board, painted bulletin board, or other communicative device which is used to advertise products, goods and/or services, any part of which is not sold, produced, assembled, manufactured or furnished or otherwise related to activities conducted on the premises on which such sign is located. A WNING: A nomigid hood or cover projecting from a building, which may be folded, collapsed or retracted against the building. BEACONS: Any light with one or more beams, capable of being directed in any direction or directions or capable of being revolved automatically. BENCH SIGN: A sign attached to or painted on a bench for seating. BUSINESS SIGN: A sign relating in its subject matter to the premise on which it is located or to products, accommodations, services or activities thereon. DIRECTIONAL SIGN: A sign erected on private property for the purpose of directing vehicular and pedestrian traffic to public facilities or functions. ELECTION SIGN: Political advertising on private property with the expressed consent of the owner or occupant of such property. ILLUMINATED SIGN: Any sign which has characters, letters, design or outlines illuminated by artificial light directly to or from the interior of the sign. INTEGRAL SIGN: A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone or made of bronze, or other permanent type of material and made an integral part of the structure. . . -* . MARQUEE and/or CANOPY: A rooflike structure projecting from and attached to a building. NONCONFORMING SIGN: Any advertising structure or sign which was lawfully erected and maintained prior to the adoption of this Code which fails to conform to all applicable regulations and restrictions of this Code. PAINTED WALL SIGN: A sign which has been painted directly onto a building wall, using the wall material as a base of the sign. PORTABLE SIGN: A sign not attached to the ground and designed so as to be movable from one location to another. PUBLIC SIGN: Noncommercial signs in the public interest, erected by, or on the order of, a public officer in the performance of his duties. REAL ESTATE SIGN: A temporary sign erected by a realtor or private individual for purposes of advertising for sale or lease a particular building and/or parcel of property. ROOF SIGN: A sign erected upon or above a roof or parapet of a building or above the eaves in the case of a hip, gable or mansard roof where the plane of the roof is less than sixty degrees (600) from the horizontal. SNIPE SIGN: Any sign of any material whatsoever that is attached in any way to a utility pole, tree or any object located or situated on public property. TEMPORARY SIGN: A banner, pennant, poster or advertising display constructed of cloth, canvas, plastic, sheet, cardboard or other like materials and intended to be displayed for a limited period of time. WALL SIGN: A sign affixed directly to the exterior wall or screening surface and confined within the limits thereof and which project from that surface less than fifteen inches (15") at ~ points. 4-3-2: PERMITTED AND PROHIBITED SIGNS: (A) The following signs are permitted uses subject to the following regulations: 1. Temporary Real Estate Signs: For the purpose of selling, renting or leasing property, one sign may be placed per street frontage within fifteen feet (15') of the right-of-way line, on the property to be sold or leased. The size of such sign shall be a maximum of six (6) square feet for residential property and a maximum of thirty two (32) square feet for all other properties. (B) The following signs are prohibited as prescribed: . 1. Illuminated Signs: Illuminated signs shall not be permitted within the "A", "C" and "R" Districts. 2. Rotating, Moving or Flashing Signs: Rotating, moving or flashing signs shall not be permitted in any district. 3. Traffic Interference: No sign shall be erected that, by reason of position, shape or color would interfere in any way with the proper functioning or purpose of a traffic sign or signal. 4. Snipe Signs: There shall be no use of snipe signs anywhere within the City. 5. Roof Signs: Roof signs, roof advertising symbols, rooflogos, roof statues or roof sculptures shall not be permitted in any district. No sign shall extend above the roof line. 6. Business and Advertising Signs: Such signs shall not be painted, attached or in any manner affixed to trees, rocks or similar natural surfaces, nor shall such signs be affixed to a fence or utility pole. 7. Public Rights of Way: No sign shall be upon or overhang any public right of way, with the exception of B-2 Districts where an overhang of fifteen inches (15") is possible. . 8. Bench Sign: Bench signs shall not be permitted in any district. (Ord. 086-173,2-21-86) 9. Advertising Signs: Signs which advertise an activity, business, product or service that has not been produced or conducted on the premises for more than thirty (30) days. (Ord. 090-228, 2-5-90) 4-3-3: SIGNS IN ANY DISTRICT: (A) Signs in C and R Districts: 1. C, R-l and R-2 Districts: One nameplate sign for each dwelling unit. Such signs shall not exceed two (2) square feet in area per surface, shall not exceed five feet (5') in height, and no sign shall have more than two (2) surfaces. Nonconforming business uses shall be permitted one on-premises wall sign not exceeding twenty (20) square feet in area. 2. R-3 Districts: One nameplate sign for each dwelling group of six (6) or more units, and such sign shall not exceed six (6) square feet in area per surface and no sign shall have more than two (2) surfaces. (Ord. 090-228, 2-5-90) 3. Nameplate Sign: One back to back nameplate sign for each permitted use or use by . conditional use permit other than residential. Such sign shall not exceed thirty (30) square . . . feet in area per surface. Back to back signs exceeding a ninety degree (900) angle shall be measured as one surface. Such sign is permitted in areas other than residential by a conditional use permit. (Ord. 093-321, 12-6-93) 4. Set Back Requirements: Any nameplate sign over one foot (1 ') square shall be set back at least ten feet (10') from any property line. 5. Freestanding Signs: Freestanding signs shall be permitted for the purpose of permanent identification of residential areas. At each principal entrance to such an area a maximum of two (2) signs, not to exceed fifty (50) square feet of sign area per sign. Such signs shall not extend beyond the drainage and utility easements on those lots adjoining the principal entrances. (Ord. 090-228, 2-5-90) (B) Signs in the B and I Districts: 1. Option A - Wall Signs: Under Option A only wall signs shall be allowed. ~ (a) The maximum number of signs on any principal building shall be two (2) and, in all cases, ~h sign shall be placed on a separate wall fronta~ The maximum size of wall signs under Option A shall be as specified below. (b) When a building faces two (2) or more streets, the total allowed sign area shall be based upon the gross silhouetted area of the two (2) smaller building sides facing streets. (c) For multiple occupancy buildings, each tenant may have one business sign, however, the design, color and typeface shall be regulated by a plan developed by the property owner and as approved by the Planning Commission. The following standards shall apply to said signs: (1) Multiple occupancy buildings shall submit a sign plan which will coordinate signage for the entire project. (2) The plan shall address height, location, size, number type, decorative theme, design, color and materials to be used on the building. (3) The plan shall be reviewed and approved by the City Planner prior to the issuance of a sign permit for the building. (4) The owner of the building is responsible to obtain the sign permit, prescribe to the approved sign criteria and insure that signs erected are in compliance with the approved sign plan. (d) Signs may be placed on the side of a building not facing a street, but the total sign . . . area on the building shall not exceed that allowed in Option A as follows: OPTION A - WALL SIGN ONLY Basic Size Size Based On Bldg. Face Maximum B-1 24 sq. ft. 12% 300 sq. ft. B-2 50 sq. ft. 16% 400 sq. ft. B-3 75 sq. ft. 18% 400 sq. ft. I-I 100 sq. ft. 20% 500 sq. ft. 2. Option B - Wall And Pylon Signs: (a) Under Option B, both wall and pylon signs may be used, but only one pylon sign is permitted. The maximum allowable sign area for any wall sign in this option shall be specified below. (b) When a building faces two (2) or more streets, the total allowed sign area shall be based upon the gross silhouetted area of the two (2) smaller building sides facing the streets. (c) For multiple occupancy buildings a sign plan shall be prepared and approved with the same conditions as listed under Option A above. (d) Signs may be placed on the side of the building not facing the street up to one sign per tenant, but the total sign area shall not exceed that allowed in Option B as follows: OPTION B - WALL AND PYLON SIGNS Basic Size Size Based On Bldg. Face Maximum B-1 24 sq. ft. 10% 200 sq. ft. B-2 50 sq. ft. 14% 300 sq. ft. B-3 75 sq. ft. 16% 300 sq. ft. I-I 100 sq. ft. 18% 400 sq. ft. (Ord. 095-347, 2-6-95)