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Home My WebLink About12.08.98 Planning Packet . a) b) . c) d) e) t) g) h) 4, a) . AGENDA PLANNING COMMISSION Regular December 8, 1998 7:00 P,M, Council Chambers 325 Oak Street 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) October 27, 1998 b) November 10, 1998 3. PUBLIC HEARINGS 7:00 PM Cameron Woods Senior Living Cooperative - Preliminary Plat (continued) East Farmington 5th Addition - Preliminary & Final Plat Variance for John Devney Property located at 5788 212th Street West Conditional Use - Home Occupation - Pet Grooming Service Application to Amend the Comprehensive Plan - 821 Third Street Application to Rezone property at 821 Third Street from R-2 (Medium Density Residential) to B-2 (General Business) Amend Title 10 of the Farmington Zoning Ordinance Amend Section 11-4-5: Erosion and Sediment Control DISCUSSION None . . . City of Farmington 325 Oak Street. Farmington. MN 55024 (651) 463-7111 Fax (651) 463-2591 www.dJarmington.mn.us TO: City Planning Commission Michael Schultz {'\{ () Associate Planner \)'-" FROM: DATE: December 8, 1998 SUBJECT: East Farmington 5th Addition Preliminary and final Plat Plannin!! Division Review Applicant: Sienna Corporation 4940 Viking Drive Suite 608 Minneapolis, MN 55435 Attachments: 1. Lee M. Mann, P.E., Director of Public Works/ City Engineer memo 2. Location Map 3. Preliminary Plat 4. PUD Amendment- new block designs Proposed Development: Thirteen (13) Single-family lots are proposed on approximately 10 acres (or about 3 blocks) within the 5th Phase of the East Farmington development. Location of Development: The 5th Addition will be located south of the existing 3rd Addition on the south side of Walnut Street and between 11 th and 14th Streets. Area Bounded by: Single-family residential Existing Zoning: R-2 PUD Streets and Accesses: Walnut street is currently in place and all 13 of the lots will front along that street. Water & Sewer: Stub outs for both water and sewer are in place, additional utility services exist for several lots which will need to be abandoned and plugged (see Lee Mann's memo for additional comments). . . . Sidewalks: Sidewalks will be completed along the south side of Walnut adjacent to the proposed lots. Parkland and Trails: Park development will occur during the construction of the East Farmington 6th Addition. Additional Comments Sienna Corporation is proposing a smaller than planned addition in an attempt to accommodate builders to establish new models for the Spring Home Preview in March. The proposed 5th Addition does not follow the anticipated phasing of the overall development. The 5th Addition is the first addition that will incorporate the new block designs that were apart of the PUD Amendment agreed upon by the City Council in September of this year; a copy of the new block designs are attached. Outlots A, Band C will become the central parks that are required with the typical block designs. Outlots D, E and F will eventually be replated to become a part of the East Farmington 6th Addition plat. It is anticipated that the 6th Addition will be submitted sometime in early 1999. The north-south streets, 12th, 13th and 14th Streets will also not be constructed during this phase of the development and will be completed, again, during the development of the 6th Addition. The Engineering Division has reviewed the proposed plat and has recommended that the preliminary and final plat for the East Farmington 5th Addition be approved contingent upon the following (see attached letter from Lee Mann, Director of Public Works/City Engineer for complete comments): 1. A grading plan that shows how the 5th Addition will tie into the existing contours will need to be submitted and approved by City staff before construction can commence. 2. A utility plan needs to be submitted showing the existing utilities in relation to the new lots. 3. Lot 1, Block 1 and Lot 3, Block 2 each has two sets of utility services. One service for each lot should be abandoned and plugged. This needs to be shown on the utility plan. 4. Building permits can not be issued for lots that do not access a paved street. If any of the corner lots are planned to access 12th, 13th, or 14th Street, street and utility plans will need to be submitted and approved for those streets before building permits can be issued. ReQuested Action Recommend approval the Preliminary and Final Plat of East Farmington 5th Addition based on the contingencies outlined by the Director of Public Works/City Engineer and forward to the City Council for the December 21,1998 meeting. cc: Jim Sturm, James R. Hill . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Lee Smick, Planning Coordinator FROM: Lee M. Mann, P .E., Director of Public Works/City Engineer SUBJECT: East Farmington 5th Addition, Preliminary and Final Plat review DATE: December 3, 1998 Engineering staff has reviewed the plans submitted for the above referenced project and forwards the following comments: 1. The grading plan sufficiently shows how the grading of the 5th Addition will correspond with the 6th Addition. However, a grading plan that shows how the 5th Addition will tie into the existing contours will need to be submitted and approved by City staff before construction can commence. 2. A utility plan needs to be submitted showing the existing utilities in relation to the new lots. 3. Lot 1, Block 1 and Lot 3, Block 2 each have two sets of utility services. One service for each lot should be abandoned and plugged. This needs to be shown on the utility plan. 4. Building permits can not be issued for lots that do not access a paved street. If any of the comer lots are planned to access 12th, 13th, or 14th Street, street and utility plans will need to be submitted and approved for those streets before building permits can be issued. Based on Engineering staff s review, it is recommended that the preliminary and final plat for East Farmington 5th Addition be approved contingent on compliance with the preceding comments and the standard contingencies. Respectfully submitted, ';;?i: Yi1 ~ Lee M. Mann, P.E. . Director of Public Works/City Engineer cc: file . c o +:i :c ~ ..co. ii5~ Cc 00 .. .- ~ E3 ~ 1;) CO W . 0- ~~ ~~ s~ ~~ 00 <1J z+ ~ ~ 8 "0; "5 i::i E' "E lij i!: ~ ~ ~ [ - I ~ ~ ~ I ~ T :.c 1 ] ::J I- ~~~'ll~ C/) ~ -~ i ~ - - 11 ~ rr~ ~ J[~~ ~ 12TH ST ~ @ IIIIIIIL~_ I-- f-- ~ Iii ~l: ~] gg~-l--. >- >- ~~ '" ~ ~ g - T T I t- o ~~l~~_~~~~ =HmHHB (Ii 1---'" f-- ~ I--- 5 I--- 0 ~T =- c3J .....",. t1 - l II I hr II I h~ I I T T f I l t= ~ ~~ lR~ ~~ ~~ M~~~~ ~t2L1frJfB I I m EB:fd r~ lSH1L I II I D ~8/ "~~fJ~ ~f~"m~~~ ~1 I 1 I ITI1l1 n H ~ ~ ~ i In rl 1 RH f-~ ITIIJJIIJ m \, \ ~I, I ~~ ~~U ~ CD BJ ffU-tfJ ~ ~~ I I ~F\~ ~\~b fI1R HP-II"lf=1 I' IA r:=fm(frn. . Ilfl I F: \AUTOCAO\PROJECTS\6514\6514EXH TUG Nov 03 17: DB: 3B 199B I I . I I I I I I I I I ':l I ,. oj I I I I I I I I I I I I I I . I I 1 I I I I I =- - 1_- -- - - C~~N~ -- -RC:O ~ - ~ -;-2 - ~~/~ ! 0:..-,..../ '( 0,"1- o ('1S 0 c<\ l' ,c- '0', ~ ..". ~~ ~~ ~~1 z -; I --- ~)~,Q;)OAK iS1REElET ,t- ); - ~44Y~ Dr, STREET O~~M STREET I I I I I I...~' -i~ I : _ _ --=- --=- --=- _ __ --=- --=- - --=- --=- ~ --=- --=- --=- --=- --=- -:::L. _ STATE TRUNK HIGHWAY NO. 50 --< ;u c z ^ " ,~~':?c~ ',>- II~~~;!/ " ~2k(y', C<~~'~~}?'::I Ou. ~1'1y '1 ...qG>~ g ~~ 0" ~ 'Y r''"1 ji o C- <, \)... ~'J [~l -, o () )> c: CJ ;.:! CJ () :::! ., () "- C', L~~ 'L?~ , ~ , / () c: ;:j () -< ':l ;u '" '" --< C:1 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 I I I I I --t- I'~-;~ "J 'D , I ! "",,-,.-, r,T' ,-/~J \\..v l .~'STRElT . n r- c;: . '" z < --< ~ I _ ~ I C; I ~ -< 'l~:tl' ~&\').. ff~fl1J -, " '" lD JJ 0 EAST FARMINGTON ~ R. Hill, Inc. :'J JJ ~~ 0 0 '" ~o JJ r m'- ~o 0 $; d)> s::)> FIFTH ADDITION '" ",,,, ^ Vl g~ -() x "- u-l P~ANNERS / ENGINEERS / SURVEYORS z '"-I I" " (5 ,-Ill 9 0;= )> z "' FOR: SIENNA CORP ~ z :>Ill '" Vl III lD 25/l0 w. eTY. RD. 42, SWlE 120, B~ UN 55337 9 '" III -< p/O SECnoM J2. T. 114. R. t.. Ot<<OTA. COl.I<4TY, MM E; (612)890-6044 FAX; (612)890-6244 z 9 LARCH , STREET "~" MAPLE STREET o }~i <-;">.. '-L< , N (fJ S. '-"() () 8~ ::r M '-" Z 0 0 "l ;; M mM ~ O>-l 0 --- to 0 0 0_ c;(>-:. L;:l.. m (JI -" -l>- m -0 ~ :;0 -l>- (") OITl> f:;; XO (") I"Tl -I . r= ZOITl o :iE . G) AREA SKETCH EAST FARMINGTON FIFTH ADDITION t.- Ul ~ lID 78.200 Sf 6600 SF ~ t~C~~60 :j~O 7200 SF o o o III - 7200 SF \)j g o cD bl ()- ~ 8 78.200 Sf 00 lID L0- s:)' Ul 0 t.- o Ul $ III ~ ~ t.- ~ III 8 N ~ ~~ "- Ul 0 0 & ... CD 143,JOO SF ~ ~ :z r "- Ul 0 ~ 45,800 Sf TOTAL AREA Of EAST lID FARMINGTON AFlH ADDITION - bl 496,100 SF 0 ~ It) III bi III "- 0 <0 III III It) 8 ,., N 0> -" :;0 -" ITl ...........0 s: 0> Q! VI-I o ...........1Tl Z to Ul CD ~ James R. Hill, inc. PLANNERS / ENGINEERS / SURVEYORS 2500 W. err. RD. 42, SUITE 120, BURNS\1lLf. MN 55337 612/890-6044 FAX 890 6244 o :;0 s:> O~ G)w -< - .--- .,-.--- .- DETAIL PROPOSED MODIFIED BLOCK E . SIDE A 80 65 70 65 80 a a a a co co a a co co or- .... or- 0r- a 80 1.JQ... 80 a a CD 120 CD a 120 ,.., 120 100 RAIN AGE -=- 20 100 &: UTlUTY a a EASEMENT a a CD CD CD CD a a 100 '" '" .... ..- 100 a a a a CD CD CD co 160 60 60 60 60 60 60 a a a a a 0 a a a a a a a a ..- or- or- .... or- .... or- 60 60 60 60 60 60 . DETAIL PROPOSED MODIFIED BLOCK F BO 65 70 65 80 a a a a co co a a co co ..- or- or- or- 80 70 80 a CD a m 100 SIDE A a a 100 co CD a a 100 m m a a CD CD 100 160 100 r-"~ .. <~.~._.+..~._.._-~ , ,".:1 U 'YJ ~ 60 60 60 60 60 60 i \~:;.:; LS' a a a a a a a I L.-I/ SEP - a a a a a a a 81998 .... .... .... or- ..- .... \ J 60 60 60 60 60 60 F: \~UTOC~O\PROJECTS\5514\5514EXH Mon Aug 10 12: 04: 47 199B . ~I:! tH I I l;l... I ! gB : 1;%:>'... I I r. '.,:..t{:~;}:.~:, I 'l>. i b l\ ~~~~~~:u'- - ~ . 1 ~--_. - . ~ ~ I I "v..," ~ ,- s i ~L'~l~~-........"~~"'" -.-. .~. ~Jf',:= ]~~J ~=-~[ - 'gSMET ,_,1!; : : h ~ 3 --- '. n- ~ ..n S.. ~LJ ~:~\ - n'- , ~ [ _, J . I,' ' i ; !~~Hl'~~~' .~~~~~ I I Ert[m 5hIT B ~ t-trl3 him I ~ I . "m"NU'-. . S1R~[]" .~.:. .""'" .....' ~\ I I - ~ .. ~i ).~ _I _ J i i:~';;~;_ '-. s ~~ fl ___~ 6__~~ ~ 1 :_-= Ebill'.. "."os, . 6.~':'[~1 . -- -~:i- \! ~" -' ~U l'-ii] 1 LA"CH~~ ,. ~1~ '(")~ ~2 <Il~ I . ~ ~ -.-.. ..-. - : ': b i J'''' --=-." ~ -lUi M p ~!:l - I :. I - --- ,=-1 [--"],,~- H [JhJ]:~ .- -I ,. ~~ . ~~;~; . " ~~ (, ., l' I I I I ". I _ ----L l'. t.:':. \.'"1, STI.IE Tft1JNII ~lal ~ - ~ ~ z a ;l! lG r :3 - il .... ~ ~ i " ~~ : 8~ ~l~l III 8 . a ~ I . In i .. > - . ;" . . h b . ~m '~2 ~.;~ ~~" ~'iQ ~~~ ~~ ,........ )> 0 0 ;;u =:!(j) fTl 00 < ZI (f) fT1 OS:: fTl ,,)> Cl --j=:! -0 -<() ::2\J c Oc Cl ~o fTl rn\J X rr :c 0)> CD OZ ^ -i fT1 CD '-./ ~ SJENl'JA -......~_. .-t_.........., ....-_"',,;,...1 ---__I _......,110"""..... :7:=.Y- ~~~~l~~c.. ~ 9 ~~~ ~* !ll ~ >:; G~ l'i!\ REVISED PUD EXHmIT B SCHEllATlC PUD PLAN .. ~ - i ~ ~~ gi 2 ~ CD In -< .,...,__w...., _"""4.... ~... un .___ ... AIlIlIDOII' . . . TO: FROM: SUBJECT: DATE: City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us City Planning Commission Lee Smick, AICP 1\; () Planning CoordinatoV-X Variance for John Devney Property located at 5788 212th Street West December 8, 1998 Planning Division Review Applicant: Attachments: Variance Proposal: John & Pat Devney 5788 212th Street West Farmington, MN 55044 (651) 463-8143 1. Location Map 2. Survey 3. Property Map 4. Section Map 5. Section 10-4-3 of City Code 6. Variance Procedures & Regulations Seeks a variance from the maximum of one residential parcel per quarter/quarter section in an A-2 zone to allow a parcel split of one acre to include the "old homestead". This would allow Pat Devney to purchase the homestead from John Devney. Location of Development: South of CSAH 50 at 5788 212th Street West. Area Bounded by: Current Land Use: Existing agriculture surrounds the property. Farmstead . . . Comprehensive Plan: Agriculture Existing Zoning: A-2 - Agricultural Preserve Zoning Definition: A-2 is proposed to identify lands intended for long-term agricultural use with a residential density not to exceed one unit per quarter/quarter section. Additional Comments Mr. John Devney is seeking a variance to Section 10-4-3 of the City Code that requires a maximum residential density of one unit in forty acres in the A-2 zone. The variance application requests that the "old homestead" as shown on the attached property map be split from the remaining property in order for the son, Pat Devney, to purchase the house from his father. The 160 acres shown as the quarter section on the attached map illustrates the area where three of the Devney homes are located. The Zoning Code states that each quarter/quarter section or forty acres of land in the A-2 District is allowed to have one residential housing unit on a non-farm size parcel which is any parcel less than 40 acres. In this case, the map shows that the northeast quarter of the southwest quarter/quarter section has been split into three separate parcels and the proposed split for the old homestead would be the fourth split. As required in the Code in Section 10-4-3 (A), the minimum acreage for these parcel splits is forty acres, however, smaller parcels may be considered as shown in the attached ordinance. Upon researching the previous splits for the properties, John Devney was granted a waiver of plat for the 0.63 acres in August of 1992. Michael Devney was granted a waiver of plat for 2.18 acres in December of 1993 and the remaining 7.7 acres was reconveyed to John Devney to be reincorporated with the surrounding farm parcel. However, the 7.7-acre split still remains a separate parcel based on information received from Dakota County. Mr. John Devney seeks a variance to the minimum forty-acre requirement to allow an additional one-acre split for the old homestead and also allow a third housing unit on a separate parcel in a quarter/quarter section. The minimum lot size for a residential property in an A-2 district is one acre and the minimum lot width is 150 feet. City staff determined that the owner needed a variance to Section 10-4-3 (A) because of the minimum acreage requirement of forty acres and that the residential density in the A- 2 district should remain low. Staff has determined that the following hardships exist regarding the Devney property and the proposed split of the old homestead: A. Literal enforcement of the ordinance would result in undue hardship with respect to the property. The old homestead has been in existence for over 75 years and . . . has been in the Devney family since the house was constructed. The split is being requested for a house that exists at this time. The family (John, Patrick and Michael) continues to farm the entire acreage as a unit and clustering the houses in close proximity is an advantage to the farm operation. B. Such unnecessary hardship results because of circumstances unique to the property. The split is being requested for a house that exists and not for a proposed new construction. The two other houses exist in close proximity to the old homestead and no provision for contiguous parcels is allowed within the ordinance. If Section 10-4-3 (A) allowed for contiguous parcels of land to be farmed as a unit, the variance request would not have to be filed. C. The hardship is caused by provisions of the ordinance and is not the result of actions of persons presently having an interest in the property. The provision in Section 10-4-3 (A) only allows for non-contiguous parcels of 10 acres to be farmed as a unit. This provision does not allow for the clustering of family farming operations with houses located on smaller parcels of land, thereby, preserving more farmland acres. D. The variance observes the spirit and intent of the ordinance, produces substantial justice and is not contrary to the public interest. The request to split the quarter/quarter section a forth time observes the spirit and intent of the ordinance because the remaining land area of the 160 acres continues to be farmed and may not be further split. 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. Not applicable. Action Requested Approve the variance to Section 10-4-3 of the Zoning Code to allow the one-acre split on the basis that all of the above variance requirements have been met. Sincerely, ~~ r;;; ~Ck, AICP Planning Coordinator cc: John & Pat Devney . >. t Q) 0.0. e co a..~ .,~ >+-" Q) co og c.....J ..c: o J . ~ c 0 z.~ a. ; I'll c ::! 0 0 - :3 (I) f;: to u C :z; 1 "0 "- I'll (I) (I) E 0 I >0- (I) C > (I) 0 a. to ~~ (I) I'll "'" .!: "0 Qj 1Il....J Co Olc~m ~,glDa. '5 ~ ~~ lDCI.l()() "',>~,,~,~j")fl <~,."_t~",,,~<J-J ~,..... >" "/ G 00 ~ ~ c: o .jjj .5 Ci Q) c: '" c: III n: >- '" U >- .<> .., ~ G> U ~''''C''''<;i-~''''.';e>;;,,>-~?i,''~i\';~_~:~;i<*:!~~ I I o. 0 , (i i G> Q c: ~ [> [I 0 ) c: \? I G> ~ ill I o1l " Gi III .r; .\2 ::;: o I/) :i q.c( ui U [i _;...W'i-~T'-'''"b';';;",\.,,,,;,'' .. ,',e'';:--''': ,*"i,~-':;~'.\-,',;'",,,::;i'lM"*$1;1.':l"'-~' t'J CJ 1 [] 0 0.,. Cb Qj] I rdtrick Devney 5788 West 212th Street Farmington, MN 55024 a 151/63 DELMAR H. SCHWANZ '<NO SURVEYORS, INC. Reolll.red Uflde, LaW1 of The Sta.e or Mlnnesoll . 1(750 SOUTH ROBERT TRAIL ROSEMOUNT. MINNESOTA 55068 812/(23-1769 i:_ SURVEYOR'S CERTIFICATE => 8r,~n 17 . /:1-" lV S7A T~ 7~'UNI( ,) 00. uO -.--=., '...-.;: I t<'- <; ,,, ~ '" ---_.__...~..._-~_.__....~..._-_... --_.- OR,\c"lrJAL D!:'c,(R'/"i .o'-t ,) 'Il-- ~ C-f.:R11 r Ir "Tf. \,E R ~ .. , C\ ~ ") \ '/\ ~ 't" ~ g ~ <O'128{' II i I \ I \ Scale: 1 inch = 50 feet o Denotes iron monument /( If 16111V'Ay ~ ~ .... ~ , '" '" , , /~,efJ ~8f/5Y':rJ'~ , \ 1 ~ o III rt ,- ~ s: 'oU 'Il Ii 1. o III \l. 1. () .:; \- 3 v' I 'lJ IL ~ l) I \ IVO. 50 ~ ~ ~: \ ..I) t. I!! c! .\u tI\ , , \ )- o . ' I:) < 7-50.00 :~~ - II '''0' , : r -,~ ^J~?r.H.tI~::~~-'-' ~ I l ! ~ i{~ I ~ rt Q < :~I '-ORI&/tol^'- ~~ ~ \1 ,n .~ -~€ :::, Pi 10"-' S l) :t- ~ ~.' \. Q '" PER C~. 00 \~ J ~ 4b 8q ''i~ () , f1 \f\ 0 ~ () '" '\ "- ':>- () l- v' ':) '~ q Iou 0 l/I ~ r ~ ot \ij ..0 lJ. ? C) h ~. llJ '2. t~ :i '::-- f- :5 If\ \II lL :3 () () < ,,~ ::88' I:i;,'~~ / - - j :~~ \ ~A1tt-;L I .,", ~/ ~f'J 8,}",)7 '1':2."€ 100,00 \ \ I 'x) I', ..... \'i ; .\ ,-~\"III\lIlIIl"''''l/lill t , ~,~~;.\ 1'l E S 0 iI~,~ i I hereby certify fhat this aurvey. plan, Dr report was $~~\~"'''''''''''..l' ."ared by me or under my dlreclsupervlslon and # ~:. . <'I '\ Jl t I am a duly Registered Land Surveyor under l*l DELMAR H \*~) l.-1l .e I.,.,s ot the Stete of Minnesota. if /" , \ J[..f {}{L == . SCHWANZ i l.,' V. 09-27-91 ~ \ I Delmar H. Schwanz Dated %("\ - 8625 - it:l:B Minnesota Registration No. 8625 ~~" .'0 I! \f- ~"'" .....4, ~ ~4 () ..-....."t, ~~ ~.t,,~~:I'lI\~~ ,; "t' '. A' / I .' 1 .L /./,,10((..i'( .- // C) 1 0-4-3 1 0-4-3 . 10-4-3: AGRICUL TURAL PRESERVES: Upon certification by the City Council that certain lands in the City are planned for long- term agricultural use in the Comprehensive Plan, and zoned A-1 Agricultural in the Zoning Ordinance, owners of said lands may make application to be rezoned as an A-2 Agricultural Preserve District requiring a maximum residential density of one unit in forty (40) acres, on a special form supplied to them. (A) Minimum Acreage: The minImum acreage is forty (40) acres, but smaller parcels will be considered eligible under the following conditions: 1. Noncontiguous parcels at least ten (10) acres in size and aggregating forty (40) or more acres may be eligible if they are farmed together as a unit. 2. The minimum acreage requirement may be reduced to thirty five (35) acres if the land is a single quarter/quarter section and the amount less than forty (40) acres is due to a public right of way or a disturbance in the rectangular survey system leaving a quarter/quarter of less than forty (40) acres. . 3. The minimum acreage can be reduced to twenty (20) acres if it is adjacent to eligible land on not less than two (2) sides and the following conditions are met: (a) The land area predominantly comprises Class I, II, III or irrigated Class IV land according to the Land Capability Classification Systems of the Soil Conservation Service and the County soil survey; and (b) The City Council considers the land to be an essential part of the agricultural region; and (c) The parcel was a parcel of record prior to January 1, 1980; or the land was an agricultural preserve prior to becoming a separate parcel of at least twenty (20) acres. 4. Contiguous municipally certified land meeting the total acreage requirements, but located in the adjoining municipality as well as in Farmington so that the minimum acreage requirement is not met in one or more jurisdictions is eligible through joint resolution of the affected local government. ",' . 398 City of Farmington 10-4-3 . (B) . . 398 1 0-4-3 Duration: An agricultural preserve continues indefinitely until either the owner or the City initiates expiration, after which the duration is eight (8) years. If, however, property is separated from and no longer is part of the farming operation, it is immediately removed from the Agricultural Preserve District. The only future recognition of its agricultural preserve status is in the area of density calculations for that portion of the property remaining in the A-2 District. A landowner may initiate expiration by notifying the City on a form provided to him. The City may initiate expiration by changing the planning and zoning so that the land is no longer planned for long-term agricultural use or is rezoned to another use. (Ord. 086-177, 3-17-1986) City of Farmington . . . CITY OF FARMINGTON Variance Procedure The Board of Adjustment (Planning Commission) has the power to vary from the requirements of the Zoning Code, and to attach conditions to a variance it deems necessary to assure compliance with the purpose of the Code. Variances dealing with land in flood plains shall comply with requirements listed in the local Flood Plain Management section of the Code. Procedure for obtaining a variance: 1. The property owner or agent shall file with the City Planner an application form together with required exhibits plus a filing fee in an amount established annually by the City Council. The exhibits to be required unless waived by the City Planner should include: A) A boundary surveyor an area survey including the property in question and three hundred feet (300') beyond showing: topography, utilities, lot boundaries, buildings, easements and soil test data if pertinent. B) A site development plan showing buildings, parking, loading, access, surface drainage, landscaping and utility service. 2. The City Planner shall set a public hearing, transmit the application directly to the Board of Adjustment and mail a notice to property owners adjacent to the subject property. Failure of such owners to receive notice shall not invalidate the proceedings. 3. The Board of Adjustment shall approve, deny or approve under conditions accepted by the applicant within sixty (60) days of submittal of all required exhibits. The Board of Adjustment may vary the regulations of this Title if all of the following requirements are met: A) Literal enforcement of the ordinance would result in undue hardship with respect to the property. B) Such unnecessary hardship results because of circumstances unique to the property. C) The hardship is caused by provisions of the ordinance and is not the result of actions of persons presently having an interest in the property. D) The variance observes the spirit and intent of the ordinance, produces substantial justice and is not contrary to the public interest. 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. P-9/26/96 . . . 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, Ocf! Associate Planner FROM: SUBJECT: Conditional Use Permit- Home Occupation at 20228 Akin Rd. DATE: December 8, 1998 Planning Division Review Applicant: David & Katherine Wessing 20228 Akin Rd. Attachments: 1. 10-6-11: Home Occupations 2. C.U.P. Application 3. Location Map Location of Property: 20228 Akin Rd. Size of Property: 3.5 acres Current Zoning: R-l Low Density Current Land Use: Single-family residential Proposed Home Occupation: Dog Grooming Service Additional Comments David and Katherine Wessing have applied for a home occupation permit to open a dog grooming service within their home at the address listed above. The home is located on the east side of Akin Rd within a cluster of acreage size lots. Currently a gravel road seryices their home along with four others. The proposed home occupation will be conducted solely within the home and no alterations will be done or a separate structure be built to accommodate the home occupation. The Wessing's will not be hiring any additional staff for the business and the activity does not involve the manufacture, assembly or distribution of goods and the activity does not deal with the general retail public. It is not known the anticipated number of customers. . . . Requested Action Planning Staff recommends that the Conditional Use-Home Occupation Permit for David and Katherine Wessing be approved based that the applicants meets all the requirements outlined within 10-6-11: Home Occupations of the City Code (see attached ordinance). cc: David & Katherine Wessing . . . 10-6-11: HOME OCCUPATIONS: A home occupation is permitted as an accessory use if it complies with the requirements of this Section following all procedures outlined for approval of a conditional use. (A) The home occupation shall be conducted solely and entirely by persons who reside full time in the home. (B) The home occupations shall be conducted wholly within the principal or accessory structures. (C) No structural alterations or enlargements shall be made for the sole purpose of conducting a home occupation. (D) Only one home occupation shall be permitted for each principal structure. (Ord. 086-177,3-17-1986) (E) Exterior displays or signs; other than a two-sided, two (2) square foot, nonilluminated sign; and exterior storage of materials and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted. (Ord. 089-217, 3-17-1986) (F) The activity does not involve the manufacture, assembly or distribution of goods and the activity does not deal with the general retail public. (Ord. 086-177, 3-17- 1986 . City of Farmington Variance/Conditional Use Permit 325 Oak Street, Farmington, MN 55024 612-463-7111 FAX 612-463-2591 APPLICATION FOR: 0 Variance ~ Conditional Use* for office use (please check) *requires an abstractors certificate of owners within 350 ft. NUMBER (average cost - $250-350) LEGAL DESCRIPTION OF PROPERTY: (lot, block, plat name, section, township, range) mETCS ftAih fjfJUNb5 ZONING DISTRICT ILl FEE OWNER'S NAME K filHe'IC I~ Ii - \;\J t:~S I N<S- PHONE . ADDRESS: cxc>aag AUJN ~I!J (Y)N 55()~L( Street . ' State Zip Code PRESENT LAND USE: Res I "lJeN r-,.,q L SPECIFY NATURE OF REQUEST AND GROUND~peJ DOS (5 ,(2fX>/Ih f Al& {!, CiS I ,lJess C).>J ^Lt!n1 i s ~ :rAiD ePeN L I wAS2D l'- c:J e:e 74 y:e:-r~ FOLLOWING A IT ACHED: (please check) 0 Proof 0 Ownership 0 Boundary Survey J2 Application Fee 0 Copies of Site Plan g Abstract . Li1 Tonen~ (Owner's Duplicate Certificate of Title Required) Applicant's Signature t~~4# ~licant's Signature Date '11 ~_~ . U Date for office use only REQUEST SUBMITTED TO THE PLANNING COMMISSION ON.-JJ - 1'7 -9 ~ ACTION: ~Public Hearing set for: J 1- S< -1 R o Denied Reason: FINAL ACTION: 0 Approved Comments: o Denied Reason: ZONING ADMINISTRATOR: DATE: signature ~ 5 c. 00; ~~ .5 W i:i ~~ + 2' of: Iii . ~ ll: .?> ~~ 0 aa ~ ~ j . ~ e ~ CO N.m ~~ "Ie .0 i~ 1\5~ g-....J ~ ~ o I . ffi C/lC) f-Z ~~ ...,0:: 0.. . . . 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 Lee Smick, AICP /} f) Planning Coordinator~ FROM: DATE: December 8, 1998 RE: Application to Amend the Comprehensive Plan - 821 Third Street Plan nine: Division Review Applicant: Attachments: Location of Property: Size of Property: Comprehensive Plan: Current Land Use: Proposed Amendment: Proposed Development: Area Currently Bounded By: Additional Comments: IDS Properties 12245 Safari Path. Apple Valley, MN 55124 1. Location Map 2. Comprehensive Plan The property is located on the west side of Third Street at 821 Third Street. 41,047 square feet Subject to amendment application. Auto repair shop/vacant office building Amend the Comprehensive Plan from Low Density Residential to Business. The owner proposes to rent the office facility to Journey Counseling Services and continue to rent the facility to Airlake Ford for their auto repair/body shop. Single-family residential to the east and west, auto repair shop to the north and a funeral home to the south. . . . IDS Properties is requesting a Comprehensive Plan Amendment for the property at 821 Third Street consisting of 41,047 square feet from the existing Low Density Residential to Business. The property at 821 Third Street has been known as the Farmington Professional Building since the early 1960's. Dakota County Electric Cooperative constructed an addition to the existing building in 1962 and added a radio tower in 1963 to the site. A second story addition was added to the building by Dakota County Electric Cooperative in 1965 and an abandoned underground fuel tank was removed in 1990. The building was then remodeled in 1991 to make room for Dakota County Soil and Water Conservation District (SWCD). The SWCD moved out of the building in early 1998 to their present location at 4100 220th Street West in Farmington. The property in this neighborhood has been an office/warehouse site for over thirty years. Since the neighborhood is familiar with the building on the site for a long period of time, the Planning Division determined that the Comprehensive Plan be amended to reflect the office/warehouse building. The building is sound and would be a valuable addition for both office and commercial uses. The City Attorney has reviewed the proposed Comprehensive Plan amendment and has approved the amendment considering that the office/warehouse building have been in the location for a long period of time. Requested Action: City staff recommends forwarding a recommendation to the City Council to amend the Comprehensive Plan for the property at 821 Third Street from Low Density Residential Business subject to Metropolitan Council approval of the Comprehensive Plan Amendment application. Respectfully Submitted, ~~ Lee Smick, AICP Planning Coordinator ~" ,,/ . / a. c co co~ - a..c o <1).- >+J ,_ CO (/) U C 0 <1)--l ..c+J ~~ E ~ 0(") ()~ N CO . ~ >- l;; '" " S~ ",'" "'C ~~ c C <(~.!!! !5~ & ]lo~ ~ ~.i1i~~1S. Q) ~'Q..~.a~2:~>-i~:i: ...J <( Ie- "'E ~:; :g ill Cl ~ 0 '" '" .!2 > ii UlR ,"0._ J::"~OS:->_ ~~.t~~8"~!b05~O~1 ::;;_U li.""co :I:_--,Zf-Q.~~> ~<D~DIIIIDIDIDDI C .Q '" :;; o '" " .1: c: '" 0: ~ u >- .D ~ z.~ ~ m ~~ ~tItttHtB f i! 1=Y1J ~ m ~~ ~ : tffidffi ~ ~L1.". 18 H1S ~~ ~~ ~Hffi ~ 15 H1v ~I R;8[[[]I]]]iRn I i bLOTlT1 EJ ~rnITIIUJII] ::;;~i 18 O~€ ~tum!fn ~~ SONZ ~~ U Q) :0 ::::l en ~~~~ ___._..,~ ."~~."",,,~.,,,>,,~~_~,, ,"_''''''' ....':,...."W'"'_. ""~~-'-.' .._<~.." ..,........~., .,~ ~"""J"'."'",,- ,.J ~.-" -.. '~~ . -. . . . 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 Lee Smick, AICP ()# Planning Coordinator FROM: SUBJECT: Application to Rezone 821 Third Street from R-2 (Medium Density Residential) to B-2 (General Business) DATE: December 8, 1998 Plan nine Division Review Applicant: Attachments: Location of Property: Size of Property: Comprehensive Plan: Current Land Use: Current Uses in Building: Suggested Zoning Change: Proposed Development: IDS Properties 12245 Safari Path Apple Valley, MN 55124 1. Rezone Application 2. Zoning Map 3. Conditional and Permitted Uses 4. Fire Marshall's letter The property is located on the west side of Third Street at 821 Third Street. 41,047 square feet Subject to amendment application. Auto repair shop/office building Auto repair shop Veterinary Lab Overflow mail service Insurance office Cooperative Power office Rezone the property from R-2 Medium Density Residential to B-2 General Business. The owner proposes to rent the office facility to Journey Counseling Services and continue to rent the facility to the existing tenants. . . . Area Currently Bounded By: Single-family residential to the east and west, auto repair shop to the north and a funeral home to the south. Additional Comments: IDS Properties is requesting to rezone the property at 821 Third Street consisting of 41,047 square feet from the existing R-2 - Medium Density Residential to B-2 General Business. The property at 821 Third Street has been known as the Farmington Professional Building since the early 1960's. Dakota County Electric Cooperative constructed an addition to the existing building in 1962 and added a radio tower in 1963 to the site. A second story addition was added to the building by Dakota County Electric Cooperative in 1965 and an abandoned underground fuel tank was removed in 1990. The building was then remodeled in 1991 to make room for Dakota County Soil and Water Conservation District (SWCD). The SWCD moved out of the building in early 1998 to their present location at 4100 220th Street West in Farmington. The office building has four tenants at this time. Airlake Ford, as the fifth tenant, utilizes the warehouse area in the building as an auto repair shop and has been in this location since last year as a non-conforming use, without the knowledge of the Planning Division. The Planning Division recently became aware ofthe auto repair operation in October of 1998 and required that the property owners apply for a rezoning of the property to assist in making the office building/auto repair shop a conforming use. Independent School District 192 was interested in developing a classroom on the first floor of the building in August of 1998, however, renovation costs for handicap accessibility and the meeting of fire code regulations became too costly for the School District and they withdrew their conditional use request. At present, the site is zoned R-2 medium density and does not allow office use or auto repair business to remain in this location. Since the building has been located in this neighborhood since the early 1960's, the Planning Division determined that the area should be rezoned to B-2 General Business so the building may be used for business purposes. At the present time, the building cannot be utilized for any business-related use as a result of its current zoning and all of the uses in the building are in violation of the zoning code. The Planning Division's arguments to rezone the property to B-2 General Business consist of the following: 1. The building has resided in the neighborhood since the early 1960's and has had both Dakota Electric and Dakota County Soil & Water Conservation District as tenants while being zoned R-2. In this case, the neighborhood is aware that an office complex is located adjacent to their single-family homes. 2. The building structure is sound and the space is extensive to allow for the attraction of office/commercial space close to the downtown area. 3. The Airlake Ford auto repair shop could continue to run its operation in an enclosed space as long as the operation remains indoors. The building which currently houses Block's Auto . . . Service, to the north of the Farmington Professional Building, was also built in the early 1960's and provided retail space as well as an auto repair shop. These activities were considered non-conforming uses grandfathered in 1976. It appears that Block's Auto Service started its business in approximately 1993, most likely because of the previously allowed grandfathering of the non-conforming use. Therefore, an auto repair shop has resided in this neighborhood since at least the early 1960's. Since the neighborhood is aware of the auto repair businesses in the area, the Planning Division has determined that continuance of the Airlake Ford operation could commence. However, Airlake Ford would like to expand its operations to include the painting of cars, which requires an exhaust system and other crucial items to be added to the warehouse. The attached letter by the Fire Marshall illustrates the requirements for Airlake Ford to meet and the company has stated that they will meet these requirements. City staff notes that it is important for the auto repair business to insure that they remain as compatible with the surrounding residential area as possible which may include enclosing the entire operation within the confines of the warehouse. The Fire Marshall reviewed the building on December 2, 1998 and discovered that the Veterinary Lab tenant has expanded its office space and constructed walls without a building permit. The owners of the property have been notified and state that they will apply for a building permit as soon as possible. The City Attorney has reviewed the proposed rezoning and has approved the zoning change from R-2 to B-2 considering that the office and warehouse building have been in the location for a long period of time and the building is virtually unusable for business or warehouse uses because of the current R-2 zone. The Planning Division has not discovered any information stating that the building was grandfathered at any time in this process, so staff has determined that the only choice to make the building useful is to rezone the property to B-2. However, the new information concerning the construction within the building without a permit may need to be finalized before the rezoning is reviewed and/or approved. Requested Action: Staff recommends forwarding an approval to the City Council to rezone the property at 821 Third Street from R-2 Medium Density - Single Family Residential to B-2 General Business contingent on the application of a building permit for any unauthorized construction within the building and subject to Metropolitan Council approval of the Comprehensive Plan Amendment application. Respectfully Submitted, ~~ Lee Smick, AICP Planning Coordinator ,....,..... ..",.., .A.V4,... Ifa IJI)I)<:I UUUY '-'.a.... J. rAAJll~.I.'l"'.LV.i." PETJTION FO~ R~~ONIN<i . I, the undersigned, am the fee owner of and hereby request that the following described land: SA t Th , Y' J sf" ~ -I- - \="'""... i" 1./-0... , ~J1/ ~ 5 () ').'/ . be rezoned from: ~-~ Me J. i u.. W\ 0..." s; -l-.t Of5+V\~C-+ 8'--;).. G-.eV\ ~.., A. , Or~+Y1ci- to; ~\..\S i "" ~ .f . . 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 $-'1 5 . which I understand funher ",rill be refunded ifno meeting is scheduled. . ID - :;J. g -Cf 8 Date The Planning Commission recommended on the to (approve) (deny) the petition, day of .19_ City Planner Action of the City Council: }, On the day of . 19_ declined to set a Public Hearing. 2. At a Public Hearing held the (approved) (denied) the petition, day of . 19-1 Date City Administrator In accordance with Title 10~ Chapters 2 and 12 of the City Code. cc: Planning Commission, CounciJ~ Attorney. Engineer~ Water Board: P ARAC . U5 -eo. MCO ~~ ..~ ~~ ~...:J c:: . a. ~~ -a- ~~ dS~ ~~ 00 ([] + ~ 5 '0 '5 l:i ~ 'E fij !:E a ~ J ; <" ~ LILLW - 1S H19 ~ [j1 I~ I--- -l a.. ~ - v--- >-. I~ I) ""\ 1S HlV j 1!E I~ ~ ~ ( '0 c:: ~ ft '.\ .is a~€ ~ ~ II ~ ) 1\ MI ~ ~ 1/ ~UI /B I- :J ~ 0 I (/) u. ~- ::c '-- $ - ~UI ~ CJ - ~ V~ l/l W ~ 8,,-- w co (II I j I 1S aNl - ~ n~ ~ ~~---~~,~- L~~ 1------_ ----r--I--I--~---- c__ ~ ~ I . f(D) . . 10-3-2 Permitted Uses 10-3-2 Conditional Uses 8. Water recreation and water storage 9. Solar energy systems 10. Double and multiple-family dwellings 11. Planned unit developments 12. Greenhouses and nurseries 13. Townhouses - quad homes 14. Condominiums 15. Accessory apartments 16. Public and parochial schools 17. Churches 18. Congregate care facilities 19. Towers (Ord. 086-177, 3-17-1986; amd. Ord. 088-198, 2-1-1988; Ord. 091-246,5-20-1991; Ord. 093-298,2-16-1993; Ord. 094-335, 8-1-1994; Ord. 096-378, 8-19-1996; Ord. 096-383, 11-18-1996) 7. Day care facility serving 14 or fewer persons R-2 Medium Density District 1. Agriculture 2. Single-family dwellings 3. Public parks and playgrounds 4. Accessory storage buildings 5. Residential care facility serving 6 or fewer persons 6. Day care facility serving 14 or fewer persons 1. Two-family dwellings 2. Multiple-family dwellings 3. Day care fac"ility serving more than 14 persons 4. Solar energy systems 5. Planned unit developments 6. Boarding house 7. Water recreation and water storage 8. Hospitals and clinics 9. Nursing homes 10. Public utility buildings 11. Public buildings 12. Funeral homes 13. Cemeteries 14. Greenhouses 15. Townhouses - quad homes 16. Condominiums 17. Accessory apartments 18. Dental laboratories 19. Public and parochial schools City of" Farmington 597 10-3-2 . (E) . . Permitted Uses 10-3-2 Conditional Uses 20. Churches 21. Congregate care facilities 22. Towers (Ord. 086-177, 3-17-1986; amd. Ord. 088-198. 2-1-1988: Ord. 091-246, 5-20-1991; Ord. 093-298. 2-16-1993; Ord. 094-335. 8-1-1994; Ord. 096-378. 8-19-1996; Ord. 096-383. 11-18-1996) R-3 High Density District 1. Single-family dwellings 2. Two-family dwellings 3. Day care facility serving more than 16 persons 4. Planned unit developments 5. Public utility buildings 6. Public buildings 7. Solar energy systems 8. Hospitals and clinics 9. Nursing homes 10. Clubs 11. Accessory apartments 12. Public and parochial schools 13. Churches 14. Funeral homes 15. Congregate care facilities (Ord. 086-177, 3-17-1986; amd. Ord. 091-246. 5-20-1991; Ord. 093-298.2-16-1993; Ord. 094-335. 8-1-1994) 1. Multiple-family dwellings 2. Townhouses - quad homes 3. Public parks and playgrounds 4. Accessory storage buildings 5. Residential care facilities serving 7 through 16 persons 6. Day care facility serving 13 through 16 persons (F) R-4 Mixed Code District 1. Single-family dwellings (UBC) 2. Public parks and playgrounds 3. Accessory storage buildings 4. Residential care facility serving 6 or fewer persons 5. Day care facility serving 14 or fewer persons 597 1. Two-family dwellings 2. Multiple-family dwellings 3. Planned unit developments 4. Townhouses - quad homes 5. Solar energy systems 6. Accessory apartments 7. Public utility buildings 8. Public buildings 9. Day care facility serving more than 16 persons 10. Public and parochial schools 11. Churches City of Farmington -.~ ~ f , 10-3-2 . (G) . ~ (H) . 10-3-2 (Ord. 086-177, 3-17-1986; amd. Ord. 088-198. 2-1-1988; Ord. 091-246, 5-20-1991; Ord. 092-284. 9-21-1992; Ord. 093-298. 2-16-1993; Ord. 096-378.8-19-1996) B-1 Limited Business District 1. Water recreation and water storage 2. Public buildings 3. Public utility buildings 4. Farm implement sales. service, repair 5. Offices 6. Wholesale business 7. Supply yards 8. Fast food establishments 9. Theaters 10. Mini storage units 11. Outdoor sales 12. Personal and professional services 13. Car wash 14. Solar energy systems 15. Day care facility serving more than 16 persons 16. Recreational assembly places 17. Auction houses (Ord. 086-177, 3-17-1986; amd. Ord. 090-227, 2-5-1990; Ord. 091-246, 5-20-1991; Ord. 095-345, 1-3-1995) 1. Retail business 2. Auto sales. service. repair 3. Restaurants 4. Hotels and motels 5. Animal clinics 6. Commercial recreation 7. Recreational equipment sales, service and repair 8. Motor fuel stations, major 9. Clubs, health clubs 10. Home and trailer sales and displays 11. Parking lots B-2 General Business District 1. Retail business 2. Restaurants 3. Offices 4. Personal and professional service 5. Public buildings 6. Auto sales, service and repair 7. Commercial schools 8. Commercial recreation 9. Animal clinics 10. Clubs - health clubs City of Farmington 1. Water recreation and water storage 2. Research laboratories 3. Public utility buildings 4. Solar energy systems 5. Multiple-family dwellings 6. Wholesale business 7. Supply yards 8. Funeral homes 9. Elderly and handicapped housing 597 10-3-2 . Permitted Uses 11. Home and trailer sales and display 12. Parking lots 13. Recreation and equipment sales, service and repair (Ord. 086-177, 3-17-1986; 091-246,5-20-1991) (I) 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 12. Motor fuel stations, major (Ord. 086-177, 3-17-1986) (J) 1-1 Light Industrial District 1. Research and testing labs 2. Offices 3. Supply yards . 597 City o{ Farmington 10-3-2 Conditional Uses ~ ~ 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 amd. Ord. 088-198, 2-1-1988; Ord. . 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 10. Retail business 11. Restaurants 12. Fast food establishments 13. Solar energy systems "') 1. Manufacturing 2. Water recreation and water storage . . . r 11 B'r 11111' 8TOI FIB'rD 'Er~ ~B. EPlI ITM. ~rE'ITrT ~ E~ JlBl~ Dr ~ ~ ~ ~ ~, 0# ~'=-"I ~~~ ::;.;:;0 :A ",,",,,All ..... .."'" J iI, <' . ..~. ., "':,"- :- ~.\.rr;.. .'0 .1--"" . . I " _ ~ ,,- ,~ Established 1880 325 Oak Street Farmington, Minnesota 55024 October 16,1998 Lee Smick City Planner City of Farmington Dear Lee, In researching the auto compliance, I have comp business up to minimum Uniform Fire Code, y occupaney lo.cated in the rear of 821 the following items to be addressed dards to satisfy both the Uniform rd St, for code bring this type of Iding Code and the 1. Limited spraying areas us flammable liquids are limite nine square feet of material and shall not be of a tinuous nature, This type se shall be considered a H-4 occupancy and require positive of six air changes per hour, Electrical wiring within ten feet of the floor shall be designed for Class I, Division 2 locations in accordance with the Electrical Code, (UFC 4502,6) 2, The use of solvents shall comply with UFC section 4502,9,4 3, The natural gas meter located in the alley shall be protected from vehicular damage in an approved manner, (UFC 1106) 4, The occupancy separation wall between the two tenants shall comply with Table 3-B of the Uniform Building Code, 5, The outside dimensions of this occupancy measures approximately 112 fe~t X 48 feet, This area is in excess of 3000 sq, feet and an automatic sprinkler system shall be installed, (UBC 904,2,6,2 . . . These items address the problems for the information I have been given to date, Other items may surface when plans are submitted for approval. If there are any further questions, please feel free to call and discuss them, ~a Richard Deeg t;:r Fire Marshal, City of Farmington cc: David L. Olson, Community Development Director Ken Kuchera, Fire Chief . Farmington Fire Dept. City of Farmington 325 Oak Street Farmington, MN 55024 1/7-3-"1 ( Name: ....,-- . ~ D S P eo P I!-/Lr( ~j - I Z- 2-4-S" 5~, Address: 0 " D ___ ~ 2-J - ~I'-. 5J Phone: Owner of Premises: In accordance with the Provision of Minnesota Statute 299F.OOll, Minnesota Unifonn Fire Code, inspection of the above premises was completed and the following violations and lor deficiencies were noted requiring corrective action: Code Violation Summary Deficiency and Corrective Action OCCAJj)~ S~-I~DIJ$. -00 /VOT MJU..;f"" cobt:- (Ugc.... ~aL.~) tJ Alu/!..AL.. <b~ Yhi...:~ 15 NO) f ~~ Pkm \I ~J(!,u...ML C>A-M1lk) ('U F-c- II 0'-') NE-W C-0.J$:\t-v::-Tto,.) H~ TA~ f>~A-c6 lu/THt:1v,- P'~ITS f.5~"" Nb 6~'T'E1/$. c.! -rt4-L c...(TT( 0 ~ ~Wt{/JE:TON ((Jg,c. lOG,}) OC!...C-ufJlfJJCr/6-c.; Jh4c/L lSUIV I/J~S. ~ IN S"i'U,., (,ufT1fOvJ-rf/L Itl'/ktl'rl- OF 'r~ C"J'TY O~ F::41Lmlltl6'f'?jN.-rtfl;$L O("J::...U/J4N~4E.C fJ14V NOlV #4u/J..E- rJ~ Sf~jNJL~S. (J11BL 130b) 30 .i)MS '"'tV CoJMf~ c:::.LJ~It~C-71'l:;)/tJs For further assistance please contact the Fire Inspector at the following number: ire ChieflRepresentative . NOTE. Signatures indicate receipt or copies OwnerlRepresentative 4b3 I Y'40 Fire Inspector, Fire Marshal Division Distribution: White - OwnerlRepresentative · Canary - Fire ChieflRepresentative · Pink - Division Office . 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 , Lee Smick, AICP It 0 Planning coordinato~ FROM: SUBJECT: Amend Title 10 of the Farmington Zoning Ordinance DATE: December 8, 1998 INTRODUCTION The Planning Division proposes to amend Title 10 of the Farmington Zoning Ordinance in Section 10-1-4 concerning the definitions of "Day Care Facilities", "Residential Care Facilities" and "Personal and Professional Services" and by including "Clinics" as permitted uses and certain "Residential Care Facilities" as conditional uses in the B-1 and B-2 districts. . DISCUSSION Upon examination of the permitted and conditional uses within the B-1 and B-2 zoning districts, it became apparent to the Planning Division that certain definitions required revisions due to unreasonable language in the text and other definitions needed to be included in the Zoning Code and/or shown as a permitted or conditional use in the B-1 and B-2 districts. The Planning Division and the City Attorney have worked together in providing revisions to the definitions and explanations for those revisions along with including new uses under Chapter 3 of Title 10: Permitted and Conditional Uses. Dav Care Facility In the existing day care facility definition (see attached), the text states that the facility be licensed and provide for one or more persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis for periods less than twenty-four hours per day. The existing definition continues to state that the facility may include family day care homes, group family day care homes, 'day care centers, day nurseries, nursery schools, daytime activity centers and day treatment centers. Under permitted and conditional uses in the zoning code (see attached), day care facilities are permitted in all residential zones depending on the number of persons served. The facility is a conditional use in the B-1 district when the program serves sixteen or more persons. . The Planning Division's concern with the day care facility definition was that the text was all- inclusive, allowing care for children and day treatment centers combined in the same definition. . Typically childcare is seen as the care of children from the ages of infants to teenagers and . engages the children in learning and physical activities. Day treatment facilities typically provide training, supervision, rehabilitation and/or developmental guidance of persons from teenagers to adults. The treatments may be for drug or alcohol abuse, gambling or other addictions. The planning division has determined that the day treatment facility should be removed from the day care facility definition because the existing text is 1) all-inclusive and these uses should be separated and 2) the day treatment center is not compatible in a residential district due to the various needs of persons served through the facility. The planning division proposes to relocate the day treatment use to the business district which provides for service uses and will be discussed below. Therefore, the proposed definition change has been amended to address the care of a child in a residence outside of the child's home for periods of less than twenty-four hours. The proposal is to relocate the day treatment facility to the personal and professional service definition where the service is a conditional use in the B-1 district and a permitted use in the B-2 districts. Residential Care Facility . While reviewing the day treatment definition, the Planning Division and City Attorney examined the residential care facility and determined that the language concerning "equipment for surgical care, treatment of disease or injury and does not include maternity care or the treatment of mental illness" should be struck from the definition (see attached). In place of this language, the City Attorney proposes to insert requirements defined under Minnesota Statutes 245A.02, Subdivisions 10 and 14. The language for "continuous care" was also struck to meet the above State statute requirements. Residential care facilities are permitted uses in R-l, R-2 and R-4 districts that serve 6 or fewer persons and permitted uses in the R-3 district with 7 through 16 persons served. The planning division has determined that residential care facilities serving more than 6 persons is a compatible use in the B-1 and B-2 district under certain conditions and proposes to include the residential care facility as a conditional use in the B-1 and B-2 districts. Personal and Professional Services Under Section 10-3-1 and 10-3-2 for permitted and conditional uses in the zoning code, personal and professional services are a conditional use in the B-1 district and a permitted use in the B-2 district. Personal and professional services typically includes non-retail services involving the handling of information or the performance of administrative services such as counseling, real estate, travel agencies, financial agencies, insurance offices and professional services such as legal, psychology and accounting services. In Section 10-1-4 under definitions, personal and professional services are not included. The planning division has determined that this definition is necessary in order to incorporate a number of services not listed in the existing permitted and conditional use section. Therefore, the proposed definition for personal and professional services has been added to this amendment. . By adding this amendment, day treatment facilities will become a conditional use in the B-1 district and a permitted use in the B-2 district. These types of services along with the ones listed above that have not been addressed in the ordinance will provide compatible uses in each respective business zone due to the services expected in business districts. . Hospitals and Clinics Upon reviewing day treatment facilities, it was observed that hospitals and clinics are conditional uses in the R-l, R-2 and R-3 districts (see attached). The planning division has determined that this limits the location of hospitals and clinics and does not allow this service to be a permitted use in any district. Hospitals and clinics are frequently located in business districts because they provide the type of services that are business/office/service oriented. Therefore, the planning division proposes to include hospitals and clinics as a permitted use in the B-1 and B-2 districts. The above amendments will assist in clarifying definitions and providing definitions that do not currently exist in the zoning code. The amendments also make logical choices in locating certain uses where they are compatible with other uses in the district. As mentioned before, the City Attorney has drafted and approved the proposed amendments and forwards this information to the Planning Commission. ACTION REOUESTED Approve the amendments to Title 10 ofthe Farmington City Code, Zoning Ordinance, concerning the definitions of day care facilities, residential care facility and personal and professional services and by including hospitals and clinics as permitted uses and certain residential care facilities as conditional uses in the B-1 and B-2 Districts and forward this recommendation to the City Council. . Sincerely, ~cf.J:J Lee Smick, AICP Planning Coordinator . 11/23/98 MON 15:04 FAX 612 452 5550 CAMPBELL H~ FARMINGTON III 002 . . . ORDINANCE NO. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE, THE FARMINGTON ZONING ORDINANCE, CONCERNING DAY CARE FACILITIES, RESIDENTIAL CARE FACILITIES, AND PERSONAL AND PROFESSIONAL SERVICES AND BY INCLUDING CLINICS AS PERMITTED USES AND CERTAIN RESIDENTIAL CARE FACILITIES AS CONDITIONAL USES IN THE B-1 AND B-2 DISTRICTS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. The definition of IIDay Care Facility" in Section 10-1-4 of the Farmington City Code is anl.ended to read as follows: DAY CARE 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. SECTION 2. The defmition of IIResidential Care Facility" in Section 10-1-4 of the Farmington City Code is amended to read as follows: 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 Minn. Stat. ~ 245A.02, Subds. 10 and 14. SECTION 3. Section 10-1-4 of the Farmington City Code is amended by adding a defInition for "Personal and Professional Services" to read as follows: PERSONAL AND PROFESSIONAL SERVICES: NODIetaiJ 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 non.personal 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. 67616 11/23198 MON 15:05 FAX 612 452 5550 CAMPBELL ++~ FARMINGTON 141 003 . . . SECTION 4. Section 10-3-2(G) of the Farmington City Code is amended by adding as a permitted use the following: Clinics SECTION 5. Section 10-3-2(G) of the Farmington City Code is amended by adding as a conditional use the following: Residential care facilities serving more than 6 persons SECTION 6. Section 10-3-2(H) of the Farmington City Code is amended by adding as a permitted use the following: Clinics SECTION 7, Section 10-3-2(H) of the Farmington City Code is amended by adding as a conditional use the following: Residential care facilities serving more than 6 persons SECTION 8. This ordinance shall be effective immediately upon its passage. ADOPTED this City of Farmington. day of , 19 _, by the City Council of the CITY OF FARMINGTON By: Gerald Ristow. Mayor ATTEST: 67616 1 0-1 -4 . CONDOMINIUM UNIT: COVERAGE: DAY CARE FACILITY: . DENSITY: DISTRIBUTION CENTER: DRIVE-IN ESTABLISHMENT: . 1 0-1 -4 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.2-11 O. That portion of a lot covered by the principal and accessory use structures. (Ord. 086-177, 3-17-1986) Any State or County licensed facility, public or private, which regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis, for periods of less than twenty four (24) hours per day, in a place other than the person's home. Day care facilities include family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, daytime activity centers and day treatment programs. (Ord. 091-246, 5-20-1991) The number of dwelling units per acre allowable in each district as established in Table 1, Section 10-4-2 of this Title. (Ord. 086-177, 3-17-1986) Any establishment which provides for the distribution of goods or tangible personal property, excluding retail sales. (Ord. 097-398, 7-7-1997) An establishment which accommodates the patron's automobile from which the occupants 398 City of Farmington 1 0-1 -4 . RESEARCH FACILITY: RESIDENTIAL CARE FACILITY: RESTAURANT: . SEGREGATED CONDOMINIUM: SIGN: SOLAR ENERGY SYSTEM: SPECIAL RECYCLING ACTIVITY: . 1 0-1-4 Any establishment where research and development are conducted related to activities such as the manufacturing of production of tangible personal property, including medical, technical and scientific research. (Ord. 097-398, 7-7-1997) Any State or County licensed facility, public or private, which provides continuous care for children or the aged or infirm, or for those who may be disabled. Such a home does not contain equipment for surgical care, treatment of disease or injury and does not include maternity care or the treatment of mental illness. (Ord. 091-246, 5-20-1991) 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. The condominium consists of a single lot or group of lots within a plat. 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. 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). (Ord. 086-177, 3-17-1986) 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 398 City of Farmington 10-3-1 . CHAPTER 3 10-3-2 PERMITTED AND CONDITIONAL USES SECTION: 10-3-1 : 10-3-2: Permitted Uses Conditional Uses 10-3-1: PERMITTED USES: The permitted uses for each district are listed below. Accessory uses and essential services are also permitted. (Ord. 086-177, 3-17-1986; amd. Ord. 088-205,8-15-1988) 10-3-2: CONDITIONAL USES: The Planning Commission may authorize conditional uses as specified below, which will not be detrimental to the integrity of the districts if all the conditions and provisions of Chapter 8 of this Title are met. (Ord. 086-177, 3-17-1986; amd. Ord. 088-205, 8-15-1988) . Permitted Uses (A) A-1 Agricultural District 1. Agriculture 2. Single-family dwellings 3. Public parks and playgrounds 4. Golf courses 5. Stables and riding academies 6. Drainage and irrigation systems 7. Specialized animal raising 8. Greenhouses and nurseries 9. Travel trailer and boat storage 10. Truck gardening 11. Seasonal produce stands . Conditional Uses 1. Two-family dwellings 2. Agricultural service 3. Commercial recreation uses 4. Water recreation and storage 5. Public buildings 6. Public utility buildings 7. Kennels 8. Solar energy systems 9. Cemeteries 10. Mineral extraction 11. Equipment and mainte- nance storage 12. Feedlot City 0; Farmington 597 10-3-2 . Permitted Uses 12. Day care center (Ord. 086-177, 3-17-1986; amd. Ord. 2-16-1993; Ord. 096-383, 11-18-1996) (8) . . 1. Two-family dwellings 2. Agricultural service 3. Commercial recreation uses 4. Water recreation and storage 5. Public buildings 6. Public utility buildings 7. Kennels 8. Solar energy systems 9. Cemeteries 10. Mineral extraction 11. Equipment and mainte- nance storage 12. Feedlot 13. Accessory apartments 14. Public and parochial schools 15. Churches 16. Towers (Ord. 086-177, 3-17-1986; amd. Ord. 088-205, 8-15-1988; Ord. 093-298,2-16-1993; Ord. 096-383, 11-18-1996) A-2 Agricultural Preserve District 1. Agriculture 2. Single-family dwellings 3. Public parks and playgrounds 4. Golf courses 5. Stables and riding academies 6. Drainage and irrigation systems 7. Specialized animal raising 8. Greenhouses and nurseries 9. Travel trailer and boat storage 10. Truck gardening 11. Seasonal produce stands 12. Day care center (C) R-1 Low Density District 1. Agriculture 2. Single-family dwelling 3. Public parks and playgrounds 4. Golf courses 5. Accessory storage buildings 6. Residential care facility serving 6 or fewer persons 597 10-3-2 Conditional Uses 13. Accessory apartments 14. Public and parochial schools 15. Churches 16. Towers 088-205, 8-15-1988; Ord. 093-298, 1. Cemeteries 2. Nursing homes 3. Nonprofit recreational uses 4. Day care facility serving more than 14 persons 5. Hospitals and clinics 6. Public utility buildings 7. Public buildings City of Farmington 1 0-3-2 . (D) . . Permitted Uses 10-3-2 Conditional Uses 8. Water recreation and water storage 9. Solar energy systems 10. Double and multiple-famIly dwellings 11. Planned unit developments 12. Greenhouses and nurseries 13. Townhouses - quad homes 14. Condominiums 15. Accessory apartments 16. Public and parochial schools 17. Churches 18. Congregate care facilities 19. Towers (Ord. 086-177, 3-17-1986; amd. Ord. 088-198, 2-1-1988; Ord. 091-246,5-20-1991; Ord. 093-298, 2-16-1993; Ord. 094-335, 8-1-1994; Ord. 096-378, 8-19-1996; Ord. 096-383, 11-18-1996) 7. Day care facility serving 14 or fewer persons R-2 Medium Density District 1. Agriculture 2. Single-family dwellings 3. Public parks and playgrounds 4. Accessory storage buildings 5. Residential care facility serving 6 or fewer persons 6. Day care facility serving 14 or fewer persons 1. Two-family dwellings 2. Multiple-family dwellings 3. Day care facility serving more than 14 persons 4. Solar energy systems 5. Planned unit developments 6. Boarding house 7. Water recreation and water storage 8. Hospitals and clinics 9. Nursing homes 10. Public utility buildings 11. Public buildings 12. Funeral homes 13. Cemeteries 14. Greenhouses 15. Townhouses - quad homes 16. Condominiums 17. Accessory apartments 18. Dental laboratories 19. Public and parochial schools City ot Farmington 597 1 0-3-2 . (E) . Permitted Uses 10-3-2 Conditional Uses 20. Churches 21. Congregate care facilities 22. Towers (Ord. 086-177, 3-17-1986; amd. Ord. 088-198, 2-1-1988: Ord. 091-246, 5-20-1991; Ord. 093-298, 2-16-1993; Ord. 094-335. 8-1-1994; Ord. 096-378. 8-19-1996; Ord. 096-383. 11-18-1996) R-3 High Density District 1. Single-family dwellings 2. Two-family dwellings 3. Day care facility serving more than 16 persons 4. Planned unit developments 5. Public utility buildings 6. Public buildings 7. Solar energy systems 8. Hospitals and clinics 9. Nursing homes 10. Clubs 11. Accessory apartments 12. Public and parochial schools 13. Churches 14. Funeral homes 15. Congregate care facilities (Ord. 086-177, 3-17-1986; amd. Ord. 091-246, 5-20-1991; Ord. 093-298,2-16-1993; Qrd. 094-335, 8-1-1994) 1. Multiple-family dwellings 2. Townhouses - quad homes 3. Public parks and playgrounds 4. Accessory storage buildings 5. Residential care facilities serving 7 through 16 persons 6. Day care facility serving 13 through 16 persons (F) R-4 Mixed Code District . 1. Single-family dwellings (UBC) 2. Public parks and playgrounds 3. Accessory storage buildings 4. Residential care facility serving 6 or fewer persons 5. Day c~refacility serving 14 or fewer persons 597 City of Farmmgton .'1 1. Two-family dwellings 2. Multiple-family dwellings 3. Planned unit developments 4. Townhouses - quad homes 5. Solar energy systems 6. Accessory apartments 7. Public utility buildings 8. Public buildings 9. Day care facility serving more than 16 persons 10. Public and parochial schools 11. Churches 4 10-3-2 . (G) . . 10-3-2 (Ord. 086-177, 3-17-1986; amd. Ord. 088-198, 2-1-1988; Ord. 091-246. 5-20-1991; Ord. 092-284, 9-21-1992; Ord. 093-298, 2-16-1993; Ord. 096-378, 8-19-1996) B-1 Limited Business District 1. Water recreation and water storage 2. Public buildings 3. Public utility buildings 4. Farm implement sales, service, repair 5. Offices 6. Wholesale business 7. Supply yards 8. Fast food establishments 9. Theaters 10. Mini storage units 11. Outdoor sales 12. Personal and professional services 13. Car wash 14. Solar energy systems 15. Day care facility serving more than 16 persons 16. Recreational assembly places 17. Auction houses (Ord. 086-177, 3-17-1986; amd. Ord. 090-227, 2-5-1990; Ord. 091-246, 5-20-1991; Ord. 095-345, 1-3-1995) 1. Retail business 2. Auto sales. service. repair 3. Restaurants 4. Hotels and motels 5. Animal clinics 6. Commercial recreation 7. Recreational equipment sales. service and repair 8. Motor fuel stations, major 9. Clubs, health clubs 10. Home and trailer sales and displays 11. Parking lots (H) B-2 General Business District 1. Retail business 2. Restaurants 3. Offices 4. Personal and professional service 5. Public buildings 6. Auto sales, service and repair 7. Commercial schools 8. Commercial recreation 9. Animal clinics 10. Clubs - health clubs Ci.ty of Farmington 1. Water recreation and water storage 2. Research laboratories 3. Public utility buildings 4. Solar energy systems 5. Multiple-family dwellings 6. Wholesale business 7. Supply yards 8. Funeral homes 9. Elderly and handicapped housing 597 10-3-2 . ( I) . 10-3-2 Permitted Uses Conditional Uses (Ord. 086-177, 3-17-1986; 091-246,5-20-1991) 10. Churches 11. Light manufacturing 12. Outdoor sales 13. Fast food establishments 14. Farm implement sates, 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 amd. Ord. 088-198, 2-1-1988; Ord. 11. Home and trailer sales and display 12. Parking lots 13. Recreation and equipment sales, service and repair 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 12. Motor fuel stations, major . 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 10. Retail business 11. Restaurants 12. Fast food establishments 13. Solar energy systems ~' (Ord. 086-177, 3-17-1986) (J) 1-1 Light Industrial District . 597 1. Research and testing labs 2. Offices 3. Supply yards 1. Manufacturing 2. Water recreation and water storage City of Farmington . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Planning Commission Members FROM: Lee Smick, AICP Planning Coordinator SUBJECT: Amend Section 11-4-5: Erosion and Sediment Control DATE: December 8, 1998 INTRODUCTION The revised erosion control and turf establishment ordinance will amend Section 11-4-5 by replacing the existing erosion and sediment control requirements to include more detailed requirements concerning the control of soil erosion and the establishment of turf on construction sites. The revised ordinance also establishes requirements for temporary rock entrances on construction sites after backfilling of the foundation is completed. DISCUSSION The need for revising the erosion control ordinance was determined after it was observed that Developers/Builders were not complying with silt fence requirements and turf was not installed in a timely manner to reduce soil erosion. Through non-compliance, sediment material from construction sites has continually washed. into the street and storm sewers causing hazards to automobiles from sediment and storm water runoff and clogged and damaged storm sewers. The tracking of mud on City streets from on-site construction vehicles also was continually evident, creating nuisance for residents and causing potential hazards to automobiles. Upon examination of the existing City Code (see attached), it was determined that there was a need to revise the existing ordinance and prepare detailed specifications for controlling the sediment runoff through silt fences and turf establishment and provide solutions to mud-tracking problems on newly constructed residential and commercial lots. Therefore, the engineering and planning divisions drafted a revision to the erosion control and turf establishment requirements in the summer of 1998 which are as follows: Erosion Control · All grading plans and building site surveys will be reviewed for effectiveness of erosion control measures in the context of the site topography and drainage. If plans or surveys do not specify erosion control, these measures will be described on the plans or surveys by the City's Engineering Division based on the Minnesota Pollution Control Agency's "Best Management Practices". Plans and surveys with the necessary erosion control measures specified are then returned with the permits. . . . · Silt fence is required to control erosion on all sites. · The builder is responsible for properly installing erosion control immediately after backfill of the foundation. If the required erosion control is not installed within 24 hours after backfill of the foundation, a stop work order will be issued until erosion control measures meet City requirements. · An approved Certificate of Survey along with the permit card shall be posted on the job site. . The builder is responsible to maintain the silt fence during the construction process. . The City inspector or engineer will retain the right to require additional silt fence at any time to ensure that erosion does not occur. . Temporary rock entrances are required on every construction site and are required after backfilling of the foundation. . The installation of rock entrances will be required after backfill of the foundation. If the rock entrance is not installed immediately after backfilling, a stop work order will be given until the rock driveway is installed. Rock driveways will also be required during the winter months after backfill of the foundation. . Streets should be cleaned and swept whenever tracking of sediments occurs and before sites are left idle for weekends and holidays. If streets are not clean, the City will arrange for a private contractor to clean streets and will bill the charges accordingly. Turf Establishment The builderlhomeowner is required to install sod within sixty (60) days after the Temporary Certificate of Occupancy is issued then a Final Certificate of Occupancy will be issued after turf has been established. Seeding of the lot should occur within 60 days of the issuance of the final Certificate of Occupancy. It is the responsibility of the owner to establish turf in the area where sod is not required. . Any erosion that occurs into City drainage and utility easements is the responsibility of the property owner. If the City has to clean the drainage and utility easements due to erosion from an owner's property, the City will bill the property owner the costs to clean the affected easements. . In periods of adverse weather conditions between approximately October 16th and April 31 st, a temporary Certificate of OccuJ?ancy may be issued, but the installation of sod must be completed on or before June 15 . . The City shall collect a surety for the As-Built Certificate of Survey and turf establishment before any building permit is issued. The surety will be returned when the as-built certificate of survey and sod requirements has been approved. If these requirements are not met, the surety will be used to either complete the As-Built Certificate of Survey and/or complete the installation of the sod and seed. . On interior lots, sod shall be installed from the roadside edge or the unpaved right-of-way to the back corners of the furthest-most building. . · Corner lots with two sides of the lot adjacent to the street; in the front yard, sod shall be installed from the roadside edge or the unpaved right-of-way in the front of the building to the back corners of the furthest-most building. Sod shall also be installed on the street side-yard within the boulevard commencing at the rear corner of the building to the rear lot line. . All areas that required silt fences during construction and along any portions of the lot that adjoin drainage easements shall be sodded. . Any remaining disturbed areas not mentioned above shall be seeded. · Silt fences must be maintained throughout the construction period until new vegetation is established. . Turf slopes in excess of 3: 1 are prohibited. The erosion control and turf establishment policies were presented to the City Council on May 4, 1998 and were approved to go into effect on June 1, 1998 after the developers and builders reviewed it. The Builders Association of the Twin Cities approved the above policies in August 1998. An information sheet concerning the erosion control policies was prepared and has been distributed to Developers and Builders since August 20, 1998 (see attached). These policies have been required since August of 1998 and are being enforced by the engineering division at this time. This proposed ordinance amendment simply codifies a policy that is currently being enforced. . The City Attorney has reviewed and approved the proposed amendment to Section 10-4-5. The revised ordinance will replace the existing erosion and sediment control ordinance and will provide more detailed requirements concerning erosion control measurements, turf establishment and temporary rock entrance requirements. The revised ordinance is based on the Minnesota Pollution Control Agency's "Best Management Practices" and will provide for the health, safety and welfare ofthe community. ACTION REOUESTED Approve the amendment to the erosion and sediment control ordinance in Section 10-4-5 of the City Code to include detailed requirements for erosion control, turf establishment and temporary rock entrances and forward the amendment to the City Council. Sincerely, o(a~ Lee Smick, AICP Planning Coordinator . . . . PROPOSED CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE Amending Title II, Chapter 4, Section 5 - Erosion and Sediment Control THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION I: Title 11, Chapter 4, Section 5 - Erosion and Sediment Control- shall be amended by adding (underlined) and deleting (~) as follows: 11-4-5: EROSION CONTROL AND TURF ESTABLISHMENT: (f, ) 'fhe ElevelopRumt SHall eOflfofl1'l tel ~He natHral limitatiofls presented 19y teJ30graphy afld soil DO as to ereate the lead potential for ~;oil erosi0B:. (A) Developers and builders are required to follow the erosion and sediment control program. The program outlines minimum steps that will be required on building sites where bare soil is exposed. Due to the diversity of building situations encountered. each site will be individually evaluated and where additional measures or variances are needed they will be specified at the discretion of the City Engineering Division. ("8) En'lsion <H1d siltation eOfltrol 1l1eaSHres :;hall l3e eoordinateEl with the differeat stage:; of eonstn:lotion. ,^.ppropriate oOfltrol mea:~1:Ires sl~al1l3(3 installeEll3rior to development 'shen lweessary to eon~rol erosion as cleterminGd by the Cit)' Eflgineer. (8) All grading plans and building site surveys will be reviewed for effectiveness of erosion control measures in the context of the site topography and drainage. If plans or surveys do not specify erosion control. these measures will be described on the plans or surveys by the City's Engineering Division based on the Minnesota Pollution Control Agency's "Best Management Practices". Plans and surveys with erosion control specified are then returned with the permits. (C) Land sRall be developed in inerements of worLal3le size such that aEleqHate 0rcJ:;ioR and Diltation eontrols e<H1 be l'lre>.'iEleEl a:; em1stmetion pregreSSGs. The smallest J3raetioal area of laFlE:l sRall be expos0El at aflY efle p0rioEl eftime. (C) Silt fence is required to control erosion on all sites. The builder is responsible for properly installing erosion control immediately after backfill of the foundation. If the required erosion control is not installed within 24 hours after backfill of the foundation. a stop work order will be issued until erosion control measures meet City. requirements. An approved Certificate of Survey along with the permit card shall be posted on the iob site. ["Il:::ine0riH;:: v:ill perronE. fellG'.\' Ufj insfjeetiens en a re~Hlar basi~; to iRsuro erosioH eOl'ltrolmeasBres are properly installed. The builder is responsible to maintain the silt fence during the construction process. The City inspector or engineer will retain the right to require additional silt fence at any time to ensure that erosion does not occur. Silt fence/hay bales will not be required when the ground is frozen as determined by the City. Silt fenee shall l3e installe8 in the spriHl; '.'.'Ren the frost i:: 01:lt as Eleterm.ineEl 1r.. the City. If tl'le silt . . . fe110e is not installed eorreetl\' after fiB inspeetion by the City in the SpriHf2,. it will bo iH;;talleEl at t1~e 8uilder's e;~poHse. Cost:: flssoeiatecl ,....it], ha,,'iHf2, si It Kmee installeEl y,ill be Gubtraetod frOB'! tl'!o <1:; eHilt/emsiGFl eoctrGI :;Hrot'.'. (D) 'ATHeR SGil is eJefJOsecl, the eJe!9osure shall ee for the sHEniest feasible periGd of tilHe, as speeifieEl in tHe aevelo\3ment agreemeFlt. (D) Temporary rock entrances are required on every construction site and are required after backfilling of foundation. The installation of rock entrances will be required after backfill of the foundation. If the rock entrance is not installed immediate Iv after backfilling. a stop work order will be given until the rock driveway is installed. Rock driveways will also be required during the winter months after backfill of the foundation. (E) \VI~ere :he topseil is rerflOyeEl, sHffieient arable :;oil shall be set asiEle for respreaainG over tAO de\'elol3ed ama. Top soil shall be rostorea or prO\iElea to a ael3th of Four inches (1") in plaee aHd shull be Gf a quality at leust 0Ejual to t1'!e soil quality prior to de,,'eloj'llRGlHt. (E) In eases ,?,'Here 13ui18ers are in Honeomplianee with erosioN. eontrol, the City 'Nill i:;sue St013 v.'Elrl~ orders uFltil eresion ecmtrol ll'leaSHres meet City' speeifieations. Streets should be cleaned and swept whenever tracking of sediments occurs and before sites are left idle for weekends and holidays. If streets are not clean. the City will arrange for a private contractor to clean streets and will bill the charges accordinglv. (F) 1>latural yegetatiEln shall1ge flroteetea ",..11ere\,er f1wetieal (F) The builderlhomeowner is required to install sod within forty f'iye (15) sixty (60) days after the ~ Temporarv Certificate of Occupancy is issued then a Final Celtif'icate of Occupancy will be issued after turf has been established. Seeding of the lot should occur within 60 days of the issuance of the final Certificatc of Occupancy.- It is the responsibility of the owner to establish turf in the area where sod is not required. Anv erosion that occurs into City drainage and utility easements is the responsibility of the property owner. If the City has to clean the drainage and utility easements due to erosion from an owner's property. the City will bill the property owner the costs to clean the affected easements. Seeainf2, of the lot shoHlcl GeeHr ?.'ithin 13G E1a)'s Elf tke issHanee of tAe final Certifieaie of OeeHfJaFle','. (G) RUFlGff water shall be diverted to a sedill'leRtatioR basin l:1eforGl being allo\'..e8 to enlor the natural drainage ~;YGteHi. (OfG. 087 18~\ 1 20 87) (G) In periods of adverse weather conditions between approximately October 16th and April 31 st. a temporary Certificate of Occupancy w+l+-may be issued. but the installation of sod must be completed on or before June 4- '*15th. (H) The City shall collect a surety for tttt-the As-Built Certificate of Survey and turf establishment before any building permit is issued. The surety is returned when the as- built certificate of survey and sod requirements has been approved. If these requirements are not met. the surety will be used to either complete the As-Built Certificate of Survey and/or complete the installation of the sod and seed. (l) Interior lots shall be sodded from the roadside edge or the unpaved right-of-way to the back corners of the furthest-most building. . . . (J) Corner lots with two sides of the lot adiacent to the street: in the front yard. sod shall be installed from the roadside edge or the unpaved right-of-way in the front of the building to the back corners of the furthest-most building. Sod shall also be installed on the street side-yard within the boulevard commencing at the rear corner of the building to the rear lot line. (K) All areas that reQuired silt fences during construction and along any portions of the lot that adioin drainage easements shall be sodded. Any remaining disturbed areas not mentioned above may be seeded. Silt fences must be maintained throughout the construction period until new vegetation is established. (L) Turf slopes in excess of 3: 1 are prohibited.