HomeMy WebLinkAbout11.14.00 Planning Packet
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CITY OF FARMINGTON'
PLANNING COMMISSION AGENDA
Regular Meeting
November 14,2000 at 7:00 P.M.
Council Cbamben '
325 Oak Street
1.
CALL TO ORDER
2.
APPROVAL OF MINUTES
4. ADJOURN
Planning Chair:
Planning Commissioners:
City Staff:
a)
Adult Establishment Ordinance
b)
Silver Springs 3rd Addition Preliminary and Final PJat
Applicant: Tim Giles
a) Zoning & Subdivision Code Update
a)
September 12, 2000
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b)
October 10, 2000
3.
PUBLIC HEARINGS
3.
DISCUSSION
Dirk Rotty
Todd Larson, Chaz Johnson, Ben !Barker, Dan Pri'\l!ette
David L. Olson, Community De) lopment DirectQr
Lee Smick, .Planning CoordinatoJ
Michael Schultz, Associate PI~r "
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City of Farmington
325 Oak Street. Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmin~on.mn.us
TO:
Planning Commission
FROM:
David 1. Olson
Community Development Director
SUBJECT:
Proposed Ordinance - Adult Establishments
DATE:
November 14,2000
INTRODUCTION
Attached is a proposed ordinance that will replace the current interim Ordinance to
regulate sexually oriented businesses in the City of Farmington.
DISCUSSION
The Commission discussed this proposed ordinance at the October 24th, 2000 meeting. A
public hearing is required prior to making a recommendation to the City Council on this
proposed ordinance.
The attached ordinance attempts to regulate the location of sexually oriented adult
establishments through zoning restrictions. The courts have indicated in previous court
decisions that because the First Amendment of the U.S. Constitution guarantees the right
of free speech, cities cannot preclude this type of use from locating within the
community.
However because of the documented detrimental effects that have resulted in cities in
which these type of establishments exist, cities are allowed to establish through zoning
ordinances as to what constitutes an adult establishment and where these types of
establishments can locate within a community.
Staff with the assistance of Andrea Poehler, Assistant City Attorney, has recommended
by way of the attached proposed ordinance, the manner in which these types of
establishments can be regulated. Ms. Poehler has drafted similar ordinances for the cities
Lakeville and Burnsville.
The area of the City being recommended for these type of establishments is the Light
Industrial and future Business Park areas along County State Aid Highway (CSAH) 50
and County State Aid Highway 31 (Pilot Knob Road). This area is being recommended
because of its distance from schools, churches, parks and other similar uses that are not
. compatible with this type of use.
ACTION REQUESTED
Adopt the attached resolution establishing findings of fact that zoning regulations of
sexually oriented businesses are necessary to minimize the secondary adverse effects of
such businesses in the City of Farmington.
Respectfully submitted,
v~a
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David L. Olson
Community Development Director
cc: Andrea Poehler, Campbell and Knutson
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RESOLUTION NO.
- 2000
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION ESTABLISHING FINDINGS OF FACT THAT
ZONING REGULATIONS OF SEXUALLY ORIENTED BUSINESSES ARE
NECESSARY TO MINIMIZETHE SECONDARY ADVERSE EFFECTS OF SUCH
BUSINESSES IN THE CITY OF FARMINGTON
BE IT RESOLVED by the Planning Commission/City Council of the City of Farmington
as follows:
LEGAL BACKGROUND
WHEREAS, the Farmington Planning Commission/City Council has been provided with
background information on sexually oriented businesses which, in summary fashion, is as
follows:
1.
The United States Supreme Court in its decision of Young v. American Mini
Theaters, 106 S.Ct. 925 (1986) has held that sexually oriented businesses engaged
in the offering of adult fare characterized by an emphasis on matter depicting
specified sexual activities or anatomical areas may not be completely prohibited
from doing business within cities by municipal ordinances.
2. The Supreme Court has further held that municipalities may regulate sexually
oriented businesses with lawfully enacted content-neutral time, place and manner
zoning and licensing ordinances if said regulations are not merely a pretext for
completely prohibiting within a City sexually oriented businesses based on the
content of the material being offered.
3. The Supreme Court has concluded that lawful content-neutral time, place and
manner regulations may have as their focus the minimization of the adverse
secondary effects on a community generated by the location and operation of a
sexually oriented business within a community. Adverse secondary effects are
defined as:
a. Increased incidence of crime,
b. Diminution of property values within the community and especially the
values of those properties adjacent to or in close proximity to the sexually
oriented business, and
c. Increased risk for the spread of sexually transmitted diseases.
89634
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FINDINGS OF FACT
WHEREAS, based on the legal background referenced herein, the Farmington Planning
Commission/City Council hereby makes the following Findings of Fact in connection with the
regulation of sexually oriented businesses within the City.
1. That the Planning Commission/City Council has reviewed and considered all the
material and unsworn testimony presented before it in connection with the
regulation of sexually oriented businesses within the City.
2. The Planning Commission/City Council has reviewed and studied the "Report of
the Attorney General's Working Group on Regulation of Sexually Oriented
Businesses," dated June 6, 1989 referred to hereafter as the "Report."
3. The Report considered evidence from studies conducted in Minneapolis and St.
Paul and in other cities throughout the country relating to sexually oriented
businesses.
4.
The Attorney General's Report, based upon the above referenced studies and the
testimony presented to it has concluded "that sexually oriented businesses are
associated with high crime rates and depression of property values." In addition,
the Attorney General's Work Group "* * * heard testimony that the character of a
neighborhood can dramatically change when there is a concentration of sexually
oriented businesses adjacent to residential property."
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5. The Report concludes that sexually oriented businesses have an impact on the
neighborhoods surrounding them which is distinct from the impact caused by
other commercial uses.
6. The Report concludes that residential neighborhoods located within close
proximity to adult theaters, book stores, and other sexually oriented businesses
experience increased crime rates (sex-related crimes in particular), lowered
property values, increased transiency, and decreased stability of ownership.
7. The Report concludes the adverse impacts which sexually oriented businesses
have on surrounding areas diminish as the distance from the sexually oriented
businesses increases.
8. The Report concludes that studies of other cities have shown that among the
crimes which tend to increase either within or in the near vicinity of sexually
oriented businesses are rapes, prostitution, child molestation, indecent exposure,
and other lewd and lascivious behavior.
9.
The Report concludes that the Phoenix, Arizona study confirmed that the sex
crime rate was on the average 500 percent higher in areas with sexually oriented
businesses.
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The Report concludes that many members of the public perceive areas within
which sexually oriented businesses are located as less safe than other areas which
do not have such uses.
11. The Report concludes that studies of other cities have shown that the values of
both commercial and residential properties either are diminished or fail to
appreciate at the rate of other comparable properties when located in proximity to
sexually oriented businesses.
12. The Report concludes that the Indianapolis, Indiana study established that
professional real estate appraisers believe that an adult book store would have a
negative effect on the value of both residential and commercial properties within a
one to three block area of the store.
13. The Planning Commission/City Council finds the characteristics of Farmington
are sufficiently similar to those of the cities cited by the Reports when considering
the effects of sexually oriented businesses and that the findings concerning the
effects of sexually oriented businesses in other cities documented in the Reports
are relevant to potential circumstances in the City of Farmington.
14.
The Planning Commission/City Council finds, based upon the Report and the
studies cited herein, that sexually oriented businesses have the potential for
adverse secondary effects upon certain pre-existing land uses within the City of
Farmington and that in reliance on data and conclusions made by the studies
documented in the Report, it is not necessary for the City of Farmington to
conduct its own independent study concerning the effects of sexually oriented
businesses located within the City.
15. The City of Farmington is currently without any ordinance regulating the location
of sexually oriented businesses within the City.
16. Pursuant to the United States Supreme Court case of City of Renton v. Playtime
Theaters. Inc., 106 S.Ct. 925 (1988), and others, it is clear that a permanent total
prohibition against sexually oriented businesses would be unconstitutional.
17. The City of Farmington is a balanced community with residential, commercial,
and industrial uses.
18. The Planning Commission/City Council finds that the location of sexually
oriented businesses within he City of Farmington will have a potentially
detrimental effect on the City by unnecessarily lowering property values within
the City if said establishments were located in inappropriate areas.
19.
The Planning Commission/City Council finds that content-neutral time, place and
manner restrictions that regulate the zoning of sexually oriented businesses are
necessary in the City of Farmington to minimize the potential adverse secondary
effects which will accompany the location and operation of said businesses within
the City but that said regulations should be drafted in such a manner as to allow
for reasonable opportunity to open and operate sexually oriented businesses
within the City while minimizing the secondary adverse effects.
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RECOMMENDATION
THEREFORE, BE IT RESOLVED that the Planning Commission/City Council hereby
recommends the establishment of zoning controls which will serve to minimize the adverse
secondary effects of sexually oriented businesses while providing said businesses a reasonable
opportunity to locate and operate within the City of Farmington.
ADOPTED by the Planning Commission of the City of Farmington, Dakota County,
Minnesota, this day of ,2000.
CITY OF FARMINGTON PLANNING
COMMISSION
, Chairperson
ATTEST:
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ADOPTED by the City Council of the City of Farmington, Dakota County, Minnesota
this day of ,2000.
CITY OF FARMINGTON CITY
COUNCIL
Mayor
ATTEST:
Clerk
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89634
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ORDINANCE NO.
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CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE,
THE CITY'S ZONING ORDINANCE, BY MAKING PROVISIONS FOR
THE OPPORTUNITY AS WELL AS THE CONTROL
OF SEXUALLY ORIENTED BUSINESSES
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Section 1 O~ 1 ~4 of the Farmington City Code is amended to add the
following definitions:
SEXUALLY ORIENTED
BUSINESS:
89405,03
Rev: 100/25/00
A sexually oriented arcade; sexually oriented bookstore,
sexually oriented video store; sexually oriented cabaret;
sexually oriented conversation/rap parlor; sexually
oriented massage parlor; sexually oriented motel;
sexually oriented motion picture theater; sexually
oriented sauna; sexually oriented theater; escort agency; .
nude model studio; sexual encounter center; and other
premises, enterprises, establishments, businesses, or
places open to some or all members of the public, at or
in which there is an emphasis on the presentation,
display, depiction, or description of "specified sexual
activities" or "specified anatomical areas" which are
capable of being seen by members of the public.
A. Specified Anatomical Area. Means any of the
following:
(1) Less than completely and opaquely
covered human genitals, pubic region,
buttocks, and female breast below a point
immediately above the top of the areola;
(2) Human male genitals in a discernible
turgid state, even if opaquely covered.
B. Specified Sexual Activities. Includes any of the .
following:
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SEXUALLY ORIENTED
BUSINESS - ACCESSORY:
SEXUALLY ORIENTED
BUSINESS - PRINCIPAL:
89405.03
Rev: 100/25/00
(1) The fondling or other erotic touching of
human genitals, pubic region, buttocks,
anus, or female breasts;
(2) Sex acts, normal or perverted, actual or
simulated, including intercourse, oral
copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in
connection with any of the activities set
forth in (a) through (c) above.
The offering of retail goods for sale which are classified
as sexually oriented uses on a limited scale and which
are incidental to the primary activity and goods and/or
services offered by the establishment. Examples of such
items include the sale of sexually oriented books or
magazines, or the sale and/or rental of sexually oriented
motion pictures.
The offering of goods and/or services which are
classified as sexually oriented uses as a primary or sole
activity of a business or establishment and include, but
are not limited to the following:
A. Escort. A person who, for consideration, agrees
or offers to act as a companion, guide, or date for
another person, or who agrees or offers to
privately model lingerie or to privately perform a
striptease for another person.
B. Escort A2encv. A person or business association
who furnishes, offers to furnish, or advertises to
furnish escorts as one of its primary business
purposes, for a fee, tip, or other consideration.
C. Establishment. Means and includes any of the
following:
(1) The opening or commencement of any
sexually oriented business as a new
business;
(2) The conversion of an existing business,
whether or not a sexually oriented
business, to any sexually oriented
business;
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(3) The addition of any sexually oriented
business to any other existing sexually
oriented business; or
(4) The relocation of any sexually oriented
business.
D. Nude Model Studio. Any place where a person
who appears in a state of nudity or displays
"specified anatomical area" is provided to be
observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by other
persons who pay money or any form of
consideration.
E. Nuditv or State of Nuditv. Nudity or State of .
Nudity is described as follows:
(1) The appearance of a human bare buttock,
anus, male genitals, female genitals, or
female breasts; or
(2) The state of dress which fails to opaquely
cover a human buttock, anus, male
genitals, female genitals, or areola of the
female breast.
F. Semi-Nude. A state of dress in which clothing
covers no more than the genitals, pubic region,
and areolae of the female breast, as well as
portions of the body covered by supporting str(ipS
or devices.
G. Sexual Encounter Center. A business or
commercial enterprise that, as one of its primary
business purposes, offers for any form of .
consideration:
89405.03
Rev: J 00/25/00
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(I) Physical contact in the form of wrestling
or tumbling between persons of the
opposite sex; or
(2) Activities between male and female
persons and/or persons of the same sex
when one or more of the persons is in a
state of nudity or semi-nude.
H. Sexuallv Oriented Arcade. Any place to which
the public is permitted or invited wherein coin-
operated or slug-operated or electronically,
electrically, or mechanically controlled still or
motion picture machines, projectors, or other
image-producing devices are maintained to show
images to five (5) or fewer persons per machine
at anyone time, and where the images so
displayed are distinguished or characterized by
the depicting or describing of "specified sexual
activities" or "specified anatomical areas".
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1.
Sexual Iv Oriented Bookstore, or Sexual Iv
Oriented Video Store. A commercial
establishment which as a principal business
purpose offers for sale or rental for any form of
consideration anyone or more of the following:
(I) Books, magazines, periodicals or other
printed matter, or photographs, films,
motion pictures, video cassettes or video
reproductions, - compact discs, computer
software, digital recordings, slides, or
other visual representations which depict
or describe "specified sexual activities" or
"specified anatomical areas"; or
1. Sexuallv Oriented Cabaret. A nightclub, bar,
restaurant, or similar commercial establishment
which regularly features:
(I) Persons who appear in a state of nudity; or
.
(2)
Live performances
characterized by the
which are
exposure of
89405,03
Rev: 100/25/00
"specified anatomical areas" or by
'~pecifiedsexualactivliies'~or
.
(3) Films, motion pictures, videocassettes,
slides, compact discs, computer software,
digital recordings or other photographic
reproductions which are characterized by
the depiction or description of "specified
sexual activliies" or "specified anatomical
areas fl.
K. Sexuallv Oriented Conversation/Rap Parlor. A
conversation/rap parlor which excludes minors
by reason of age, or which provides the service of
engaging in or listening to conversation, talk, or
discussion between an employee of the
establishment and a customer, if such service is
distinguished or characterized by an emphasis on
"specified sexual activities" or "specified
anatomical areas".
1.
Sexuallv Oriented Massage Parlor. A massage
parlor which excludes minors by reason of age,
or which provides for any form of consideration,
the rubbing, stroking, kneading, tapping, or
rolling of the body, if the service provided by the
massage parlor is distinguished or characterized
by an emphasis on "specified sexual activities" or
"specified anatomical areas".
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M. Sexuallv Oriented Motel. A hotel, motel, or
similar commercial establishment which:
(1) Offers accommodations to the public for
any form of consideration; provides
patrons with closed-circuit television
transmissions, films, motion pictures,
video cassettes, slides, or other
photographic reproductions which are
characterized by the depiction or
description of "specified sexual activities"
or "specified anatomical areas"; and has a .
sign visible from the public right-of-way
which advertises the availability of this
89405,03
Rev: I 00/25/00
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adult type of photographic reproductions;
or
(2)
Offers a sleeping room for rent for a
period of time that is less than ten (10)
hours; or
(3)
Allows a tenant or occupant of a sleeping
room to subrent the room for a period of
time that is less than ten (10) hours.
N. Sexual Iv Oriented Motion Picture Theater. A
commercial establishment where, for any form of
consideration, films, motion pictures, video
cassettes, slides, or similar photographic
reproductions are regularly shown which are
characterized by the depiction or description of
"specified sexual activities" or "specified
anatomical areas".
O.
Sexuallv Oriented Sauna. A sauna which
excludes minors by reason of age, or which
provides for any form of consideration, a steam
bath or heat bathing room used for the purpose of
bathing, relaxing, or reducing, utilizing steam or
hot air as a cleaning, relaxing, or reducing agent,
if the service provided by the sauna is
distinguished or characterized by an emphasis on
"specified sexual activities" or "specified
anatomical areas".
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P. Sexual Iv Oriented Theater. A theater, concert
hall, auditorium, or similar commercial
establishment which regularly features persons
who appear in a state of nudity or live
performances which are characterized by the
exposure of "specified anatomical areas" or
"specified sexual activities".
SECTION 2. Section 10-3-2(G), (H) and (I) of the Farmington City Code is
amended by adding Sexually Oriented Businesses - Accessory, as permitted uses.
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SECTION 3. Section 1O-3-2(K) of the Farmington City Code is amended by adding
sexually oriented businesses, principal and accessory, as permitted uses.
89405,03
Rev: I 00/25/00
SECTION 4. Title 10, Chapter 6 of the Farmington City Code is amended to add
Section 10-6-23 as follows:
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10-6-23:
SEXUALLY ORIENTED BUSINESSES:
(A) Purpose. The purpose of this section is to establish provisions for the opportunity as
well as control of sexually oriented businesses within the City of Farmington.
(B) General. Sexually oriented businesses as defined in this ordinance shall be subject
to the following general provisions.
1. Activities classified as obscene as defmed by Minn. Stat. ~ 617.241 are
prohibited.
2. Sexually oriented businesses, either principal or accessory, shall be prohibited
from locating in any building which is also used for residential purposes.
3.
Sexually oriented businesses, either principal or accessory, shall be prohibited
from locating in any building which is also licensed to sell intoxicating liquor,
non-intoxicating malt liquor or wine.
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4. A sexually oriented business which does not qualify as a sexually oriented
business-accessory, shall be classified as a sexually oriented business-
principal.
(C) Sexually Oriented Business - Principal.
1. Sexually oriented business-principal shall be located at least three hundred
(300) feet from County State Aid Highways 31 and 50 as measured in a
straight line from the closest point of the property line of the building upon
which the sexually oriented business-principal is located, to the right-of-way.
2. Sexually oriented business-principal shall be located at least three hundred
(300) feet, as measured in a straight line from the closest point of the property
line of the building upon which the sexually oriented business-principal is
located, to the property line of:
(a) Residentially zoned property.
(b) Another sexually oriented business-principal.
(c)
Schools.
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89405.03
Rev: I 00/25/00
. (d) Churches.
(e) Day cares.
(f) Public library.
(g) Public parks/trails.
(h) On/off sale liquor establishments.
3. Sexually oriented business-principal activities, as defmed by this ordinance,
shall be classified as one use. No two (2) sexually oriented business-principal
shall be located in the same building or upon the same property and each
business shall be subject to subsections (C)(I) and (2) above.
(D) Sexually Oriented Business - Accessory.
1. Sexually oriented business-accessory shall:
(a)
Comprise no more than ten percent (10%) of the floor area of the
establishment in which it is located; provided that the maximum floor
area used for sexually oriented business-accessory may not exceed
1,000 square feet.
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(b) Comprise no more than twenty percent (20%) of the gross receipts of
the entire business operation.
(c) Not involve or include any activity except the sale or rental of
merchandise.
2. Sexually oriented business-accessory shall be restricted from and prohibit
access to minors by the physical separation of such items from areas of
general public access:
(a) Movie Rentals. Display areas shall be restricted from general view
and shall be located within a separate room, the access of which is in
clear view and under the control of the persons responsible for the
operation or shall be in catalogs under the direct control and
distribution of the operator.
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(b) Magazines. Publications classified or qualifying as sexually oriented
shall not be physically accessible to minors and shall be covered with a
wrapper or other means to prevent display of any material other than
the publication title.
89405.03
Rev: 100/25/00
3.
Sexually oriented business-accessory activities, including sale or display of
instruments, devices or paraphernalia which are used or designed for use in
connection with specified sexual activities, shall be prohibited at any public
show, movie, caravan, circus, carnival, theatrical or other performance or
exhibition presented to the general public where minors are admitted.
SECTION 5. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this
City of Farmington.
ATIEST:
day of
, 2000, by the City Council of the
CITY OF FARMINGTON
BY:
Gerald Ristow, Mayor
89405.03
Rev: 1 00125100
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farminav:on.mn.us
TO:
City Planning Commission
Lee Smick, AICP f\ n
Planning Coordinator ~
FROM:
SUBJECT:
Silver Springs 3rd Addition Preliminary & Final Plat
Applicant: Tim Giles
DATE:
November 14, 2000
INTRODUCTION
Tim Giles, P.O. Box 51, Elko, MN 55020, proposes to plat approximately 4 acres of land in the
northeast quadrant of the intersection of CSAH 31 (Pilot Knob Road) and 190th Street. The
Preliminary and Final Plat shows three outlots and one platted lot of record.
Plannine: Division Review
Applicant:
Tim Giles
P.O. Box 51
Elko,MN 55020
Attachments:
1.
2.
3.
4.
5.
Application
Location Map
Preliminary and Final Plat
Site Plan for Block 1 Lot 1
Farmer in the Dell CUP Memo
Location of Property:
Northeast comer of Pilot Knob Road and 190th Street
Surrounding Land Uses: 'I,
Single-family residential surrounds the plat boundaries.
Existing Zoning:
R-l (Low Density)
Comprehensive Plan:
Low Density
Lot Area:
Block 1 Lot 1
Outlot A
Outlot B
Outlot C
Right-of- Way
40,000 s.f.
7,076 sJ.
28,730 s.f.
67,990 s.f.
31,313 s.f.
- ~(-~
. DISCUSSION
The applicant, Tim Giles is seeking approval of the Preliminary & Final Plat for Silver Springs
3rd Addition. On October 12,2000 the Planning Commission approved a Conditional Use Permit
to construct a day care facility on Block I Lot 1 of the Silver Springs 3rd Addition. For reference,
the Conditional Use Permit staff memo is attached to this document.
Mr. Giles proposes to plat the remainder of his property as outlots and also identify the realigned
English Avenue right-of-way.
Attached is a memo from the Engineering Division identifying the need for additional easements
to be shown on the plat. Plat approval is contingent on the requirements identified in this memo.
RECOMMENDATION
Approve the Silver Springs 3rd Addition Preliminary & Final Plat contingent on the Engineering
memo dated November 8, 2000 and forward the recommendation to the City Council.
.
d"i:2?
Lee Smick, AICP
Planning Coordinator
cc: Tim Giles
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I HEREBY CERTIFY THAT I AM (WE ARE) THE FEE OWNER(S) OF !'HE ABOVE LAl.'ID, THAT THE
PERSON PREPARING !liE PLAT HAS RECEIVED A COpy OF TITLE 11, CHAPTERS L THRU 5,
ENTITLED "SUBDIVISIONS" Al.'lD TITLE 10, CHAPTERS 1 THRU 12 ENTITLED "ZONING" OF THE
FARMINGTON CITY CODE AND WILL PREPARE rdE PLAT IN ACCORDAl.~CE WITH TaE PROVISIONS
CONTAINED THEREIN.
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SIGNATURE OF OWNER
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DATE
ADVISORY MEETING:
1 . SKETCH PLA.L'1
2. STAFF Al.'lD DEVELOPER CONSENSUS
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TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmin~on.mn.us
City Planning Commission
Michael Schultz fJrf/
Associate Planner)" .
Conditional Use Permit - Construct Day Care Facility within R-I (Low
Density) Zoning District
Applicant: Karol & Mike Bednar
September 12,2000
Karol and Mike Bednar have submitted for a Conditional Use Permit to construct a Day Care
Facility serving 14 or more persons within an R-l (Low Density) Zoning District proposed at the
northeast corner of Pilot Knob Rd and 190th Street.
Plannine Division Review
Applicant:
Attachments:
Karol & Mike Bednar
18877 Englewood Way
Farmington, MN 55024
1.
2.
3.
Application
Location Map
Section 10-3-2; Permitted and Conditional Uses,
R-l (Low Density) District
Preliminary Site Plan
Preliminary Floor Plan
Preliminary Elevations
4.
5.
6.
Location of Property:
Northeast corner of Pilot Knob Rd and 190th Street
Surronnding Land Uses:
Single-family to the east, west and south. The developer
has indicated possible twin homes to the north.
Existing Zoning:
R -1 (Low Density)
Comprehensive Plan:
. Low Density
Lot Area:
+/- 40,000 square feet
DISCUSSION
.
The applicants, Karol and Mike Bednar are seeking Planning Commission approval for a
Conditional Use Permit to construct a day care facility within an R-I (Low Density) Zoning
District.
The Bednars would utilize approximately half of the 7,625 square foot building for the use of
their day care facility, the other half of the building would be used for a pre-school facility run by
Living Spring Community Church.
The applicants are anticipating having up to 60 children within their facility, ranging in age from
o to 8 years old. The estimated number of children within the Living Springs Community Church
preschool facility is 50 (the CUP application does not include the preschool facility, the
information is included only in the determination of required parking and trip generation), with
ages ranging from 2 to 5.
Proposed Buildine:
The building is proposed to have a residential appearance, allowing it to blend into the
surrounding neighborhood. The building materials includes vinyl siding and trim, vinyl-clad
windows, pre-finished aluminum fascia & sofit, pitched roof and asphalt roof shingles (the color
of the building and roof within the elevation drawings do not necessarily reflect the finished
product).
Windows are proposed along each wall of the building providing natural daylight within the
building and continuing the residential look. A vestibule is proposed for the main entrance to
. both of the spaces along the west side of the building.
The interior of the building is designed per the requirements of the State guidelines for childcare.
The daycare area includes an infant and crib room, preschool room and a room for toddler and
school age children. An office, kitchen, janitor and mechanical room is proposed within the
center of the building. The leased space is proposed along the north portion of the building which
will have access to the toilets for preschool, the mechanical room, 2 closets and the outdoor play
area. There are nine bathrooms proposed to facilitate the number and age groups of the children.
Parkin, Lotffraffic GenerationIRoad Access
The proposed parking lot contains 23 parking spaces, I accessible handicap space and a drop off
area in front of the building. The drop off area is unmarked on the plan, but is estimated to be 60-
65 feet in length; allowing for stacking of approximately 3 to 4 vehicles. The estimated number
of trips per day is 500 (250 in and 250 out) for both the day care and pre-school facility (110 total
children), this is based on 4.52 trips per child. The number of estimated trips for just the day care
facility would be approximately 270 (135 in and 135 out) (information provided by Shelly
Johnson, Bonestroo Engineering based on lTE Trip Rates).
The proposed driveway access is located off of English Ave and is approximately 250 feet from
the intersection of English Ave and 190th Street; this distance provides adequate stacking distance
from the English Ave stop sign. The access is also situated in a location that is visible for
southbound traffic along English Ave. Access is not permitted onto 1901h Street or Pilot Knob
Road.
.
.
.
.
Landscapine
Landscaping is provided along the boulevard on English Ave and 190th Street. Staff
recommends that the trees along English Ave be placed seven (7) feet off of curb instead of
within the property line. The trees along 190th Street can be kept along the property line in order
to avoid the overhead utility lines and allow for snow storage within the boulevard (there are no
trees planted within most of the boulevard along 190th Street). Staff notes that the deciduous
trees along English Ave will need to be planted at 2 1/2" caliper instead ofthe proposed 2" caliper
according to the City's Landscape Ordinance.
Landscaping is also provided around the perimeter of the parking lot, within the parking island
and in the front of the building. The perimeter plantings include 6' evergreens spaced 20' on
center along the north property line provide screening for future residential. The perimeter
planting also includes 1 1/2" caliper ornamental and 12" deciduous shrubs and coniferous shrubs.
Staff will work with the architect and applicants on the details of the variety and species of
plantings on the property.
Exterior Liehtine
The applicant's architect is proposing four (4) perimeter parking lot luminaries that will be low
watt, shoebox design that is directed downward to minimize light spill to the property line. Staff
is recommending that the applicant add one additional luminaire near the ingress/egress to the
property to provide light within the area of the driveway. Details of the lighting will be supplied
to staff and reviewed during the building permit application.
Plave:round Area
The play area is proposed in the rear of the building near English Ave and will be contained by a
four (4) foot chain link fence. The play area is sized for no more than 30 school aged children to
be using it at any given time; the State formula calls for 75 square feet of playground space for
the maximum number of children, this equates to 2,250 square feet, the proposed playground is
2,285 square feet. The area could be enlarged either to the north or south of the proposed
location.
Waste Manae:ement
Staff and the applicant originally discussed the possibility of having roadside garbage collection
because of the lack of waste that was anticipated (the applicant was considering that meals would
not be provided). Staff has since discussed this issue with the applicants and due to the
anticipated number of children in both the day care and preschool facility has suggested
constructing a dumpster enclosure along the south portion of the parking lot. The dumpster
enclosure will be added to the diagram during construction plan submittal.
RECOMMENDATION
Staff recommends approval of the Conditional Use Permit to allow for a day care facility serving
more than 14 persons within the R-1 (Low Density) Zoning District subject to the following
conditions:
1) The property is platted prior to a building permit being issued for the construction of the
building;
2)
The proposed trees along English Ave are planted within the boulevard and to the City
standards outlined according to Section 10-6-14 of the City Code;
.
.
.
3)
An additional luminaire be added near the entrance of the property to provide driveway
lighting;
4) The architect and staff work together on adding brick veneer as detailing on the building;
5) The architect and staff work together on placing a six (6) foot high dumpster enclosure
someone along the perimeter of the parking lot;
6) The architect and staff work together on the placement and variety of plantings around
the perimeter of the parking lot;
7) The applicant's architect/engineer work with Engineering staff on the City's standards
and requirements for the construction of the parking lot;
8) The applicants submit landscape and parking lot sureties in an amount acceptable to the
Planning Coordinator and City Engineer.
;ii~
Michael Schultz ~
Associate Planner
cc: Karol & Mike Bednar
Paul Humiston, AlA
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmin~on.mn.us
TO:
City Planning Commission
Lee Smick, AICP f)fIJ
Planning Coordinator
FROM:
SUBJECT:
Zoning Code Update - Kick-off Meeting with Hoisington Koegler Group Inc.
DATE:
November 14,2000
INTRODUCTION
The consultant, Hoisington Koegler Group Inc., will be m attendance to begin discussions
concerning the Zoning Code Update.
DISCUSSION
City staff met with the consultant on October 24, 2000 to discuss inadequacies and needed
improvements to the Zoning & Subdivision Ordinance. Attached is a list that staff compiled for
. the meeting and discussed with the consultant.
Mark Koegler, Loren Gordon and Brad Sheib of Hoisington, Koegler Group, Inc. would like to
gather additional information from the Planning Commission concerning inefficiencies or
improvements that should be made to the existing City Code.
Attached is a copy of the Zoning and Subdivision Code for use during the Zoning Code Update.
This code includes the most recent revisions to any ordinances in the code. Please review the
code and prepare a list of any inefficiency that you may have witnessed in the code or during
discussions concerning agenda items at a Planning Commission meeting.
The Planning Commission should be prepared for an open discussion with the consultant
concerning improvements to the code generated from recent Planning Commission discussions.
ACTION REQUESTED
Prepare to discuss any inefficiency that you may have witnessed in the code or during discussions
concerning agenda items at a Planning Commission meeting.
~d,
Lee Smick, AICP
Planning Coordinator
.
cc:
Hoisington Koegler Group, Inc.
.
.
.
RUNNING LIST FOR REVISIONS TO CITY CODE 10/24/00
1. Schematic PUD requirements - still has to have PC approval in 60 days even if info is
lacking
2. Equipment, maintenance and storage definition
3. Gazebo requirements
4. Accessory storage vs. accessory structures definition
5. Street lighting spacing
6. ScreenlLandscaping (Commercial/Industrial to Residential) - Revisions
. Tree Maintenance on Boulevards
7. Tree Preservation
8. Business Park Requirements - Type of uses
9. Restricted Development District
10. Conservation Easements
11. Sign Ordinance - Overall revision, illustrations
12. PUD Ordinance - Overall revision
13. Accessory building - number, size, setback
14. Shoreland Ordinance
15. Industrial Park Overlay Zone Revisions
. Loading docks facing street
16. Right-to-farm Ordinance
17. Off-Street Parking Requirements - Apartments
18. Performance Standards - Downtown, Business Park, etc.
19. Temporary Storage Trailers (roll offs)
20. Zoning of areas for 2010-2020 to preclude premature development
21. Flood Zone Overlay District
22. Cul-de-sac length
23. Permitted and Conditional Uses
24. R-4 Zoning - Manufactured Housing
25. Variance requests - Older residential districts
26. B-4 District - Uses
27. Adult Oriented District - Location
28. Noise
29. Homebuilding - Remodeling, hours of construction
30. Fire access - Type of material
31. Private Development Requirements - Street widths, street lighting, appearance, etc.
32. News stands in public right-of-way
33. Right-of-way management ordinance
34. Housing maintenance ordinance