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HomeMy WebLinkAbout03.09.99 Planning Packet '-.. ..,.'.' c) " ~ AGENDA PLANNING COMMISSION Regular March 9, 1999 7:00 P.M. Council Chambers 325 Oak Street 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) January 12, 1999 b) February 9, 1999 3. PUBLIC HEARINGS 7:00 PM a) Conditional Use Permit - Continuation of a Non-Conforming Use - 821 Third Street - Airl~e Ford Body Shop (continued from February 9, 1999) b) Application to Amend the Comprehensive Plan - Silver Springs 3rd Addition Application to Rezone - Silver Springs 3rd Addition d) Oak Place Preliminary and Final Plat e) Amend Title 10 Chapter 4 - Section 10-4-4: Non-Conforming Lots t) Amend Title 10 - Definitions of the Farmington Zoning Ordinance 4. DISCUSSION a) 2020 Farmington Comprehensive Plan Update -Proposed Land Use Element, Policies and Strat~gies 5. ADJOURN ~ -~ . . . 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 f'JrP Michael Schultz, Associate Planne~""'" Application to Amend Comprehensive Plan and Rezone- Silver Springs 3rd FROM: SUBJECT: DATE: March 9, 1999 INTRODUCTION Tim Giles, TC Construction, has made application to amend the Comprehensive Plan rezone the vacant property located at the northeast corner of 190th Street W. and Pilot Knob Rd. DISCUSSION Mr. Giles is seeking to amend the Comprehensive Plan from Low Density Residential to Medium Density Residential and Commercial; and, also to rezone the property from R-l (Low Density) Residential to R-3 (High Density) and B-1 (Limited Business). The properties are currently vacant and are surrounded by low density single-family residential. A portion of the properties (the proposed commercial area) is boarded by three streets (Pilot Knob Rd., 190th St. W. and English Ave.) which is gives reason why the developer is seeking a Business zoning district. As of the time of preparation of this memo, the applicant has not submitted the required Abstractor's List to conduct a legal public hearing. Staff had been working with Mr. Giles for the past two months on issues of land use, lot configuration and park dedication; so it was in good faith that staff submitted the public hearing notice when the developer requested that the item be placed on the agenda. (Please reference Section 10-8-10: Amendments within the City Code). ACTION REQUESTED Because the applicant was unable to submit a complete application, which would include an Abstractor's List of property owners, staff recommends rescheduling the public hearing upon all required information has been submitted. ~d, Michael Schultz 'tlj--~ Associate Planner cc: Tim Giles, TC Construction . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.cLfarmington.mn.us TO: City Planning Commission Michael Schultz J}t.R Associate Planner Y I . FROM: SUBJECT: Preliminary & Final Plat of Oak Place Townhomes DATE: March 9, 1999 PLANNING DIVISION REVIEW Applicant: Colin Garvey Farmington Development Corp. 21080 Eaton Avenue Farmington, MN 55024 Attachments: 1. Location Map 2. Site Plan 3. Preliminary Plat 4. Landscaping Plan 5. Engineering Comments 6. Conditional Use Permit Approval/Minutes Location of Property: North half of 100 Block of Oak Street Legal Description: Lots 10,11, 12 & 13 of Block 17, Town of Farmington Size of Property: 1.07 acres Current Land Use: Vacant Open Space Current Zoning: B-2 (General Business) Proposed Comprehensive Plan Land Use: Medium Density Area Currently Bounded By: North: Business (Burger King) South: Business (Lamperts Yard) East: Park and Railroad West: Single-family . . . Proposed Number/Type of Units: 6 slab on grade units ADDITIONAL COMMENTS Colin Garvey of Farmington Development Corporation is seeking Preliminary and final Plat approval of a six (6) unit townhome development located within the 100 block of Oak Street, located just west of the core downtown area. The proposed townhomes would consist of slab on grade construction on just over one (1) acre of property. Mr. Garvey received a conditional use approval on November 10, 1998 to construct townhome units within a B-2 (General Business) District contingent upon any unresolved Engineering and Planning Division issues. The Engineering issues are spelled out in the attached memo from the Director of Public Works Lee Mann. The City Housing and Redevelopment Authority purchased the subject properties in a series of acquisitions during the late 1980's in an effort to cleanup and redevelop the block commercially. The HRA has requested bids for the property since the early 1990's and in the summer of 1998 Mr. Garvey proposed construction of townhome units. Staff and the developer's engineer, Grant Jacobson, discussed the list of issues in a meeting on March 4, 1999, in which the engineering issues were discussed. The two main issues discussed concern replacement of the existing four (4") inch CIP water main with a six (6") DIP main line within the street ROW, and the requirement that the sanitary sewer services be connected to the existing sanitary sewer in the center of Oak street. The developer had originally proposed to construct a parallel sanitary sewer line in the boulevard to serve the property, which is not consistent with City standards. Public Works Director Lee Mann indicated that the Water Board will consider participating in the cost of reconstruction of the water main at the March 22, 1999 Water Board meeting. Staff has also reviewed the Landscaping plan and has several recommendations. Staff recommends that a fence be placed along the east property line to provide a buffer between the townhomes and the railroad. Also, staff suggests that Sugar Maple not be planted on this specific site because of difficulty for it to grow, staff suggest either Red Armstrong Maple or October Glory Maple (at 2~ inch caliper). Staff also will require that five (5') foot high Spruce replace the proposed three (3') foot. The Park & Recreation Department will be suggesting to the Park Board at the next scheduled meeting (March 8, 1999) to receive cash in lieu of park dedication for the platted property; results of that meeting will be given to the Commission at the meeting. The Fire Marshall and Fire Chief have reviewed the proposed plat and did not have any concerns or comments to forward on the Commission. . . . ACTION REOUESTED Planning Staff recommends approval of the Preliminary and Final plat contingent upon the following and to forward it onto the City Council; 1) To resolve all engineering issues per the attached Engineering Division review comments; 2) That the proposed landscaping plans be revised as per staff suggestions and City Ordinance requirements pertaining to landscaping. Sincerely s,Ubmitt~~ ;T~~/~ Michael Schultz Associate Planner . c.. ~ c: o o- m o o --' . w z+- ~ -r=- I - - - - I f-- J L-- ~-J~ =-- I ~ L l- I J_ j L - .IS O~& - r- r- r 1- ~ I - ~! I II f- I--- I ~ - ~ I J.SCJNz ---- I-- ~ D. f-..-.- t-- - 11 peOJl!e~ 'cJ '0 - :t CII Pl . ---1 r-- r - ~ Iii I-- Iii --- ~ Iii ~ f- ~ I-- f-- -1.... L I J L J ,_ .-J .IS lS ~ ~ I - - r- -( I '- r r -r I _ I I-- - I - 1--1- I I-- I--- - - I-- I f- I--- - - -- I--- - - '---- ~ - J - - '- .IS NOISI^IO I[Ij 1\ I ..r-1 I . !ii'. . . . ~ ~ i Iii I I. . Ill, t. I ,.1 1 I t ;~I II i I I .J.l Ii! . j ;11; 11tl Hh I I J I Uf! 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I n II II , t i . . 1 )1 ,I J I I Ii] d ~i .! t II iPi - ". i ~ ~Hi I if J. ~ --../Z ,i ill: ! ' .1 , 0 e : II i---- 1_.J .1 . r ., II ~ I ~. , 2~ 0' J I .!i . I II ~ ~ ili ~ - ~ '" ~ JI a Ki '\ ~ .- <( '\ """, "- ....... --.J _____ '. a. \~--- ~ .\ ~~ Z ::e :::J w a::: a. w u <C -.J a.. .~ <( o 6~~ ~a i.~ 1~5 m U I ~ I ~ I I ~ I : . \ o I- \\ I~ . ~ \\ ~" I~ \~ .~ I '\ I ~ !I bJl Ii!~i /z P ~ 1 .I rll it!)1 ~ i · I tll' . ;- il~ IIU~ ; I df II t Ihul i I i l-- 0( ~K :5 ~ . l"l Q. ~ t I ~~ u ~ I "' I 15! I I i ~ h ~ 11 ~~:! lal ~ HI ~~~I g: "l'i. l:J · i z l! ( ~I" I ~;'I . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Mike Schultz, Associate Planner FROM: Lee M. Mann, P.E., Director of Public Works/City Engineer SUBJECT: Oak Place Plat review DATE: March 3, 1999 The engineering division has completed the review of the plat and construction plans submitted for Oak Place (see attached). The major engineering issues are resolved contingent on the Developer's compliance with staff s review comments and it is recommended that the preliminary and final plat be approved. Respectfully Submitted, ~)?1~ Lee M. Mann, P.E. Director of Public Works/City Engineer cc: file David L. Olson, Director of Community Development . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us March 4, 1999 Mr. Grant Jacobson Jacobson Engineers and Surveyors PO Box 541 Lakeville, MN 55044 Re: Oak Place Dear Mr. Jacobson: Attached are the engineering staffs review comments for the above referenced project. Please address the comments with your next submittal. . As discussed during our meeting this morning, it is required that the sanitary sewer services be connected to the existing sanitary sewer in the center of Oak Street. Also, the existing sub-standard 4-inch CIP water main will need to be removed and replaced with 6-inch DIP water main, in the current location. Water services will then be connected to the new main. If you have any further comments or questions, please do not hesitate to contact me @ (651 )-463-1601. Sincerely, ~J11~ Lee M. Mann, P .E. Director of Public works/City Engineer attachments cc: file . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Lee M. Mann, Director of Public Works/City Engineer FROM: David R. Sanocki, Engineering Division SUBJECT: Oak Place Plan Review Comments DATE: March 2, 1999 . Following are engineering comments related to the review of the plans submitted for Oak Place dated February 2, 1999: Plat: 1. The drainage and utility easement along the north property line of this development needs to be IS-feet wide rather than lO-feet wide as currently shown on the plat. 2. Provide easement at the northeast comer of the plat for roadway purposes to allow for improved alley radius. Currently, maintenance vehicles cannot make the curve without driving off of the pavement. . Grading Plan: 1. Add rock construction entrance for site grading. 2. Place erosion control around inlet structures. 3. Add Note: Seeding of the site shall be completed within two weeks of grading. 4. Show proposed exterior finished grade spot elevations. 5. Swale grades should be a minimum of 1.5%. Boulevard grades should be 2%. 6. Rear lot swales must be seeded and blanketed or sodded when grading is completed. 7. Soils report and grading specifications must be submitted. 8. List proposed garage floor elevations. 9. Provide legend for proposed type of house. Street & Utility Plan: 1. 2. 3. 4. 5. .6. The standard location for utilities is in the street. Provide typical section for street repair section (See City plate #STR-06). Reference City of Farmington Standard Plates. Provide street lighting plan. Provide signage plan. Provide signature block for City Engineer. . . . 7. Concrete sidewalk, with pedestrian ramps (See City plate #STR-17), will be required on the north side of Oak Street. 8. Concrete aprons will be required within city right of way (See City plate #STR-ll). 9. All services (sewer and water) should extend 15' into private property. 10. Sanitary sewer services to connect to the existing sanitary sewer line (centerline Oak Street). 11. Existing sanitary and water services need to be abandoned and should be plugged or removed at the main. 12. The proposed location of a 4" water main to service the project is where gas, electric, cable and telephone will be, or are, located (See plate STR-23). The existing 4" CIP water main at the curb line on the north side of Oak Street is substandard and needs to be replaced. It is recommended that the existing 4" CIP water main be removed and replaced with 6" DIP water main, subject to concurrence from the Fire Marshall regarding fire flows. 13. B612 curb should be placed on the north side of Oak Street to match the south side of Oak Street. Provide cut downs for driveway openings. 14. Show length, size and type of pipe on the utility plan view sheet. 15. Label all fittings, valves and hydrants. 16. Provide storm and sanitary schedule. 17. List class of sanitary and storm pipe. 18. Fittings shall be made in USA or Canada. 19. Show all utility profiles with crossings. 20. The existing FES located at the NE comer of the site should be eliminated. Construct a beehive catch basin in this area and connect into the main 60" storm line/MH located northeast of the FES. 21. Contact utility companies about project. Replacement of existing utilities may be necessary for this development. Res~JP;f JJ David R. Sanocki cc: file Jerry Auge, Engineering Division Lee Smick, Planning Coordinator . . . Planning Commission Minutes Regular November 10, 1998 1. Chair Schlawin called the regularly scheduled meeting to order at 7:00 P.M. Members Present: Schlawin, Schwing, Larson, Rotty, Ley Members Absent: None Also Present: Planning Coordinator Smick, Associate Planner Schultz 2. Schlawin requested comments from the Commission on the minutes for September 22, 1998. Schlawin noted that the word "regularly" should be stuck and replaced with "special" in line 1 of section 1. No other comments were made. MOTION by Rotty, second by Schwing. APIF, MOTION CARRIED. Schlawin requested comments for the minutes of October 13, 1998. There were none. MOTION by Rotty, second by Schwing. APIF, MOTION CARRIED. Chair Schlawin opened all the public hearings scheduled for the November 10, 1998 Planning Commission meeting. 2. Planner Smick began the continued public hearing for the Cameron Woods Senior Living Preliminary Plat from the October 27th Planning Commission meeting. Smick informed the Commission that the developer's engineer would not be able to submit the revised plans by November 9, 1998. Smick added that as of this time those plans still have not been submitted and that it is staff's recommendation to continue the hearing to the November 24th meeting. Commissioner Rotty asked if the hearing could be pushed to the first meeting in December due to the Thanksgiving holiday week. Smick stated that a public hearing notice has been submitted to the Farmington Independent but could possibly be pulled before printing. The Commission agreed that the special meeting in November should be canceled due to the holiday week. The Commission and staff briefly discussed what problems are holding up the project. MOTION by Rotty, second by Ley to continue the public hearing to the first meeting in December. APIF, MOTION CARRIED. 3. Smick presented the conditional use permit for Oak Place Townhomes located between Lampart's Lumber and Burger King. Smick explained that the proposed project would consist of 6 townhome units within a B-2 zone, which is a conditional use. Smick informed the Commission that the proposed use meets all the requirements in the zoning code. The Commission questioned Mr. Garvey about some the details of the project and the property. Larson asked if the bituminous road to the east would be utilized. Mr. Garvey informed the Commission that that is City property. Sharon Willis, 105 Oak St,: What will the project do to our property values and will it effect our property taxes. . . .~ Chair Schlawin responded that the Commission could not answer those questions. Mr. Garvey added that these units are slab on grade townhomes marketed toward persons 55 years and older. Commissioner Rotty added that since this property is zoned B-2 that this use might be more desirable. Ken Kuchera, 1317 Fairview: Could six more additional townhome units be added in the rear of the property. Collin Garvey responded that because of the requirement to pave the alley it would not be feasible to do that. Rotty commented that this type of land use would be acceptable due to the lack of access for a commercial use although there is commercial to the north and south. The Commission and staff began a long discussion concerning the option of rezoning the property to an appropriate zone instead of a conditional use permit. It was noted that the property has been rezoned several times in the past between high density and business. MOTION by Rotty, second by Schwing to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Larson to approve the conditional use permit contingent upon any unresolved engineering and planning division issues. APIF, MOTION CARRIED. 4. The Commission and staff briefly discussed the progress of the Comprehensive Plan update and the upcoming joint City Council/Planning Commission meeting on November 18, 1998. 5. There being no further business the Commission agreed to adjourn. Submitted by, Michael Schultz Associate Planner Approved . . . 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 /'v /J Associate Planner ~ FROM: SUBJECT: Amending Title 10, Chapter 4 of the Farmington City Code: Non- conforming lots DATE: March 9, 1999 INTRODUCTION Upon several unique situations during the past year and upon subsequent review of the City Code it was noted by Planning staff and the City Attorney that there was not a provision addressing nonconforming lots in relation to common ownership of adjoining parcels. DISCUSSION Attached is a draft ordinance pertaining to non-conforming lots and lot combination. There have been several situations during the past year in which the City Ordinance would restrict expansion or new construction due to the lack of this provision. Although since the ordinance was drafted several situations have arose in which staff feels should be discussed with the City Attorney to verify if this ordinance would accommodate such issues in which case the ordinance would be redrafted. REOUESTED ACTION Staff recommends continuing the public hearing until the next regularly scheduled Planning Commission meeting on April 13, 1999. Staff also suggests that if the Commission would like to discuss this item in more detail to move it to the "Discussion" portion of the agenda. . . . CAMPBELL KNUTSON Professional Association Attorneys at Law Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knctsch Suesan Lea Pace (651) 452-5000 Fax (651) 452,5550 October 2, 1998 Mr. Michael Schultz City of Farmington 325 Oak Street Farmington, MN 55024 Re: Zoning Ordinance Concerning Nonconforming Lots Dear Mike: Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Matthew J. Fob Marguerite M. McCarron George T. Stephenson ;:'/-\/su licensed in W'iscunsin As we have discussed in several phone calls and e-mails the last few weeks, the Farmington City Code does not contain a provision addressing nonconforming lots, and in particular does not require their combination with adjoining parcels in common ownership. The enclosed draft ordinance addresses some common problems with substandard lots. Please discuss these possible changes with other Development Committee members and contact me or Andrea if you need anything further. You may want to place this on the agenda for the October 6th Development Committee meeting or the following meeting. Very truly yours, CAMPBELL KNUTSON Professional Association ~~ Joel a . JJJ:cjh Enclosure cc: Ms. Lee Smick Mr. Dave Olsen Suite 317 · Eagandale Office Center · 1380 Corporate Center Curve · Eagan, MN 55121 , '! . . . ~ ORDINANCE NO. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE, THE FARMINGTON ZONING ORDINANCE, CONCERNING NONCONFORMING LOTS THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1, Title 10, Chapter 4 of the Farmington City Code is amended by adding a new Section 10-4-4 to read as follows: 10-4-4 Non-Conforming Lots. (A) Vacant or Redeveloped Lots. 1. Lot Combination. If an owner has an interest in more than one (1) lot of record contiguous to other lots of record, all such lots shall be combined to meet the requirements of this chapter or the applicable zoning district standards. If sufficient contiguous property is held in one ownership to comply with the standard of the applicable zoning district, then those more restrictive provisions will apply. In no circumstances will there be approval of any proposal for multiple lot developments based upon lots of record, and not conforming with the provisions of the existing zoning district. 2. Single Family Detached Dwellings. Legal non-conforming, vacant, substandard sized lots of record may be developed for single family detached dwellings upon approval of an administrative permit by the Zoning Officer, provided that: (a) The lot in question was legally established in accordance with zoning requirements existing at the time of its creation and is a separate, distinct tax parcel. (b) The lot is properly zoned for single family land uses. (c) The lot meets the following minimum lot size requirements: 1. Sewered Lots. A lot of record having direct access to municipal sewer and water shall be considered buildable provided 66074 . . . measurements for lot area and/or width are within seventy (70%) percent of the requirements of the base zoning district. 2. Unsewered Lots. A lot of record not having access to municipal sewer and water shall be considered buildable provided measurements for lot area and/or width are within seventy (70%) percent of the requirements of the base zoning district and proof of compliance with applicable state or local Individual Sewage Treatment Systems standards or regulations is provided. (d) The lot in question has frontage on a public street. (e) Public health and safety concerns (fire protection, potable water and sanitary sewer) can be adequately provided. (t) The setback and yard requirements of the applicable zoning district or Sections 10-4-1 and 10-4-2 of this Chapter can be achieved while simultaneously resulting in development which complies with the character and quality of the immediate area and the objectives of the City's Comprehensive Plan and Zoning Ordinance. (g) The lot in question and related potential development is evaluated based upon criteria outlined in Section 1O-8-5(c) and is found to be acceptable per these standards. (B) Developed Lots. An existing conforming use on a lot of substandard size andlor width may be expanded or enlarged if such expansion or enlargement meets all other provisions of this Chapter. SECTION 2. This ordinance shall be effective immediately upon its passage. ADOPTED this day of Farmington. , 19 , by the City Council of the City of CITY OF FARMINGTON By: Gerald Ristow, Mayor ATTEST: 66074 . . . 10-4-2 <n ~ z :) "'w ~a: -J(,) -J< wo:: ~uJ 00.. <n <n o a: <:l ~l !I :! ~ :),...< ~oo:: x...w < > :! 0 (,) rJl w .....0:: ...:J <,... u.c..J 0:J 0:: ,... rJl WI 00 _ N rJl ~ ,... \!;. ~ c..J < ~ ~Io w w N rJl 0:: o a: < >- llJ ... a:l <( ,... ~IQ ~'" u. w~~o N 0.... In en ~LL - .... o ... :! :J ~ ~G:~!~ <rJl ".. "0 '" '<t o '" CD <:> '<t ~~~~~ ~ C\IMMNM M '" ,.. '" oJ> <Dc.cOQO f,O=2~e ~.~2~~ <DCQ(C)ooo ~ '" M oJ> '" <.CfoOQOQ <DCO~~2 e2~~~ <.CCQf.OOQQ 2 I '" N ,e . o M 00000 00000 00000 000000 0 NNNNC\I C\4NNC\&t\I NNNN'" (UC\I(\INN(\I Il) :! c:'" ~.. .~~ a:<; .J: OiO ~ ""5 .\1 C. < .( o '" o N o In o In \t'JlOOO,"" 011)001.1) It)l.l)QOQ OQCOQO l.l) ""Q)U)Il)Cb f,O,....~~,.... ""''''''0\1:)'''' CQt,Q<DoccQ ..... '" .. .. - - " ".. "0 -... 0'" ;J>N 00 "'''' ,e ~ '" of! 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E 0 E ~ :!,,:-..:t~::l ~a.'6iam "85 J 0 ~ 0= c..JOOl-l- '0 .. '" ~ .. ci:: '0 '" " .. Q, '" Q, :J co u < ~~(ft :l ~E 5l ~ :n~~: 'in ~~~~ c5 .~ W :! 0 '0 ID g E g ::i <:l N cO 6 Ul co '" '" '" :J CD = " :l ::l '" " " Ul ~ ?: g .~ ~ .~ a:l '0 ~ >0 c: .. > - Ul ~ 1: g :r: ~~ ~ _ cJ Ul .. Ul :) '" " .. .. '" c: ~ ::la :J"a: " 8, g ,., .5 u: ;U:-ca 'a '0 -~ o 0 c: ~i!c; '" '" l.L. LL. u:. "C E ctl iIS a;> .... c\J cD CZ) .... cD a:) o -c o 594 . . . 1 0-8-5 (C) 10-8-5 2. The approved site plan and all attached conditions shall be filed by the petitioner with the Zonrng Officer within thirty (30) days of final approval. Any development contrary to the approved plan shall constitute a violation ot this Title. A conditional use shall be approved if it is found to meet the following criteria: 1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this Title. 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards listed below. 3. The proposed use shall be sited. oriented and landscaped to produce harmonious relationship of buildings and grounds to adjacent buildings and properties. 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. 6. The proposed use shall preserve the objectives of this Title and shall be consistent with the Comprehensive Plan. 7. Additional requirements with respect to conditional uses in the Conservation District include the following: (a) Filling a wetland shall not exceed the flood storage capacity requirements for the wetland. (b) The proposed development shall not result in unusual maintenance cost for road and parking areas or the breaking and leaking of utility lines. (c) Development shall be permitted in such a manner that the maximum number of trees shall be preserved. The remaining trees shall contain at least fifty percent (50%) of the canopy coverage_ 294 City of Farmington 10-8-5 10-8-5 . (d) Development shall be accomplished only In such a manner that on-site soil erosion shall be minimized both during construction and when construction activity is completed. (e) Wetlands and other water bodies shall not be used as primary sediment traps during development. (f) The quality of water runoff and water infiltration to the water table or aquifer shall remain undisturbed by the development of the site. (g) The type and density of land use proposed for the site shall be suited to the site. Bedrock conditions shall not present a threat to the maintenance of ground water quality and shall not fail to adequately correct problems due to soil limitations including bearing strengths, shrinkwell potential and slope stability. (Ord. 086-177, 3-17-86) 8. Additional requirements for conditional uses in flood plain districts are listed in Chapter 10 - Flood Plain Management, of this Title. (Ord. 093-323, 12-6-93) 9. Conditional uses in the flood plain districts shall also be subject to the following considerations: . (a) The danger to life and property due to increased flood heights or velocities caused by encroachments. (b) The danger that materials may be swept onto other land or downstream to the injury of others. (c) The ability of proposed water supply and sanitary systems to prevent disease, contamination and unsanitary conditions. (d) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (e) The availability of alternative locations not subject to flooding for the proposed use. (f) The compatibility of the proposed use with existing and anticipated development. . 294 City of Farmington 10-8-5 . (0) . . , 0-8-5 (g) That there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. All conditional uses shall comply with the requirements of this Section. In order to determine whether a proposed use will conform to the requirements of this Titte, the Board of Adjustment may obtain a qualified consultant to testify. Said consultant service fees shall be borne by the applicant. 1. Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on. 2. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity. 3. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public purpose shall be exempt from this requirement. 4. Vibrations detectable without instruments on neighboring property in any district shall be prohibited. 5. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property. 6. No pollution of air by fly ash, dust, smoke, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property. 7. lighting devices which produce objectionable direct lighting or reflect glare on adjoining properties or thoroughfares shall not be permitted. 8. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. 9. Water pollution shall be subject to the standards established by the Minnesota Pollution Control Agency. 10. Applications for conditional uses in the flood plain districts shall be accompanied by reports from the City Engineer on the following material as supplied by the applicant: 395 City of Farmington 1 0-4-1 . SECTION: 1 0-4-1 : 10-4-2: 10-4-3: 10-4-1 CHAPTER 4 LOT AND YARD REQUIREMENTS General Requirements Lot And Yard Requirements Agricultural Preserves 10-4-1: GENERAL REQUIREMENTS: The minImum lot area, minimum depth of front, rear and side yards for each district shall be as shown in Table I, Section 10-4-2 of this Chapter, Lot and Yard Requirements. No proposed plat of a new subdivision shall hereinafter be approved unless the lots within such plats are equal to or exceed the minimum size as required for the district in which the property is located, and shall include documentation which suggests the location for both principal and accessory structures. . (A) (8) (C) . Lots which abut on more than one street shall provide the required front yards along each street. Rear yard setbacks shall not be required on corner lots since side yard setbacks apply. All structures, whether attached to the principal structure or not, and whether open or closed, including porches, carports, balconies or platforms above normal grade level, shall not project into any minimum front, side or rear yard. Any lot of record existing on the effective date (original adoption date) hereof may be used for the erection of a structure conforming to use regulations of the district in which it is located, even though its area and width are less than the minimum requirements of this Title. (Ord. 086-177, 3-17-86) (D) Nonresidential structures or uses shall not be located or constructed closer to any property lines of any other lot not commonly owned in any R District than the distance specified in the following: 1295 City of Farmington , 0-4-1 1 0-4-' . Minimum Side or Rear Yard Abutting any Lot In Any R District Use , 0 feet Off-street parking spaces and access drives for nonresIdential uses 35 feet Churches. schools and public or semi- public structures 50 feet Recreation facilities, entertainment facilities, all business uses and all industrial uses (Ord. 088-200, 5-16-88) (E) In new residential subdivisions, all structures may be arranged to include one zero lot line; provided, that no windows or doors open on this side of the structure. In such lot arrangements, the total side yard requirement may be placed on one side of the principal structure. Maintenance easements must be provided as part of the subdivided plat to afford access to the sides and roof of structures so placed. (F) Rear and side yard lot lines abutting a railroad right of way are exempt from rear and side yard setbacks in all districts. (Ord. 086-177,3-17-86) . (G) In older residential neighborhoods, where structures on adjacent lots or parcels have front yard setbacks different from those required, the minimum front yard setback shall conform with existing adjacent structures and an addition to an existing building may be extended utilizing whatever setback has been established. However, the Board of Adjustment may permit front yard setbacks to b reduced up to five feet (5') as long as the setbacks are never less ::lan twenty feet (20') from the right-ot-way line. Such variances may be granted for either the principal structure or the garage but not both. In new residential subdivisions the owner may either elect to adopt front yard setbacks deeper than the stated minimums or to develop a variable setback plan which has been approved by the planner and filed with the Building Inspector; provided, that lots which are adjacent to previously developed subdivisions shall utilize the setback of existing structures. (Ord. 089-217, 7-6-89) . 1295 City of Farmington 10-4-1 10-4-1 . (H) If underground parking IS included as part of townhouse and apartment developments, a credit of three hundred (300) square feet per unit will be added for the units provided with basement garages. (I) Single- and two-family dwellings shall be erected over a basement and include a single car garage of at least three hundred (300) square feet. If a basement is either not possible or not desired, the construction shall include a double car garage of at least four hundred forty (440) square feet. (Ord. 086-177,3-17-1986) (J) The minimum front yard setback for all districts adjacent to minor arterial streets included in the Thoroughfare Plan of the Farmington Comprehensive Plan, except for those within Section 31, shall be fifty feet (50') from the planned right-of-way line. (Ord. 095-360, 10-16-1995) (K) In the Agricultural (with the exception of agricultural preserves) and Conservation Districts, a maximum of four (4) dwellings per quarter/quarter section shall be permitted, provided: 1. The dwelling units are located entirely within one quarter/quarter section on a separately owned parcel of at least one acre in size. . 2. Access to public roads is separated from adjacent driveways on the same side of the road by a minimum of three hundred thirty feet (330') and no closer to public road intersections than three hundred feet (300'). 3. Applications for building permits shall be accompanied by a registered land survey of the parcel, including the location of the proposed dwelling. (Ord. 086-177, 3-17-1986) (L) In the R-1, R-2 and R-4 Residential Districts, the total area utilized by detached private garages shall not exceed one thousand (1,000) square feet or the square footage of the principal use, whichever is smaller. All garages must comply with maximum percentage of lot coverage listed in Table I, Section 10-4-2 of this Chapter. (Ord. 096-378, 8-19-1996) (M) Except in the case of a planned unit development, not more than one principal building or structure shall be located on a platted lot or parcel of land. (N) Conditions under which solar energy systems will be approved include findings that: . 597 CLty of Farmington . ~ \ itI . . . 1 0-4-1 10-4-2 1. The proposed energy system complies with the aefinition listed in Section 10-1-4 of this Title. 2. The proposed collector will be unshaded by structures and vegetation between the hours of nine o'clock (9:00) A.M. and three o'clock (3:00) P.M. on December 21. 3. Solar sky space needs will not adversely restrict the reasonable economic use of neighboring property to the south. (Ord. 086-177, 3-17-1986) (0) In all residential districts where Municipal services are not available, a maximum of one unit per ten (10) acres shall be permitted. (Ord. 091-260, 12-16-1991) (P) A vehicular access plan shall be required which links every site with an improved public street or atley before any building permit is issued. (Ord. 088-198, 2-1-1988) (Q) The lot coverage of structures within development projects which include common open space controlled by a neighborhood association shall be calculated using each unit's share of that common open space. (Ord. 096-385, 1-6-1997) 10-4-2: LOT AND YARD REQUIREMENTS: 597 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: City Planning Commission Lee Smick, AICp__~~nf) Planning CoordinatoJJY FROM: SUBJECT: Amend Title 10 of the Farmington Zoning Ordinance - Definitions DATE: March 9, 1999 INTRODUCTIONIDISCUSSION On March 1, 1999, the City Council approved the B-4 Neighborhood District and the definitions associated with the district including "Day Care Facilities," "Residential Care Facilities" and "Personal and Professional Services." With the approval of the B-4 Neighborhood Business District amendment, there is a need to provide additional definitions to Title 10 of the Farmington Zoning Ordinance. The proposed definitions include "Neighborhood Services," "Personal Health and Beauty Services," "Light . Manufacturing and Assembly," "Straight Trucks" and "Hospitals." The following is the proposed definition for Neighborhood Services: "Uses that provide services to the neighborhood such as: libraries, copying and postal services, locksmiths, jewelry/watch repair, upholstery and furniture repair, computer services & repair, dry-cleaning/laundries/tailoring shop or optical care." The Planning Commission made a recommendation at the February 9, 1999 meeting that jacuzzi and saunas be deleted from the definitions of Personal Health & Beauty Services. A second recommendation concerned the therapeutic massage use as part of the definition. City staff have acknowledged that the therapeutic massage use exists as an ordinance in Title 3 Chapter 15 of the City Code, however, this chapter does not list the type of zoning districts that the use is allowed to provide services. Therefore, City staff has determined that the therapeutic massage use be included in the Personal Health & Beauty Services definition and defined separately to acknowledge the Title and Chapter of the existing therapeutic massage definition. The following is the proposed definition for Personal Health & Beauty Services: . "The selling of services that involve personal health and beauty care and treatment to clients on a walk-in or appointment basis. These services include but are not limited to; barber shops; beauty salons; nail salons; chiropractic services; weight-loss services, health clubs, dance studios, and tanning salons. . . . Therapeutic massage is included with these services and is defined in Section 3- 15-2 (B) ofthe City Code." The following is the proposed definition for Light Manufacturing and Assembly: "A use engaged in the basic processing and fabrication of materials predominately from previously prepared materials, of finished products or parts where no process involved will produce noise, vibration, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties. The shipment of products shall be limited to straight trucks; no jointed or semi-tractor trailer trucks are allowed." At the February 9, 1999 Planning Commission, the Commission determined that it was more beneficial to the ordinance to restrict the type of truck allowed to deliver goods within the B-4 District rather than the size of the truck. Therefore, the Planning Commission recommended that only "straight trucks" are allowed within the B-4 District. The following is the proposed definitions for Straight Trucks: "A vehicle used to carry large or heavy loads that is non-jointed and is not a semi-tractor trailer truck." Upon further examination of the definitions, it was determined that a Hospital definition is not included in the Zoning Ordinance. The definition for a Clinic use is attached illustrating the clinic as providing examinations of human patients that are treated by doctors or dentists but are not hospitalized overnight. Hospitals, however, may require in-patient services that involve the hospitalization of patients for an extended period of time. The Planning Division proposes to include the following definition for a Hospital: "An institution providing health services primarily for human in-patient medical and surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities and staff offices that are an integral part of the facilities." The City Attorney has reviewed and approved the above amendments to Title 1 0 of the Farmington Zoning Ordinance. ACTION REOUESTED Approve the amendments to Title 10 of the Farmington City Code, Zoning Ordinance, concerning the definitions of Neighborhood Services, Personal Health and Beauty Services, Light Manufacturing and Assembly, Straight Trucks and Hospitals and forward recommendations to the City Council. ;ZS~) Lee Smick, AICP Planning Coordinator . . . 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 Coordinatoj).A/ FROM: SUBJECT: Amend Title 10 of the Farmington Zoning Ordinance - Definitions DATE: March 9, 1999 INTRODUCTIONIDISCUSSION On March 1, 1999, the City Council approved the B-4 Neighborhood District and the definitions associated with the district including "Day Care Facilities," "Residential Care Facilities" and "Personal and Professional Services." With the approval of the B-4 Neighborhood Business District amendment, there is a need to provide additional definitions to Title 10 of the Farmington Zoning Ordinance. The proposed definitions include "Neighborhood Services," "Personal Health and Beauty Services," "Light Manufacturing and Assembly," "Straight Trucks" and "Hospitals." The following is the proposed definition for Neighborhood Services: "Uses that provide services to the neighborhood such as: libraries, copying and postal services, locksmiths, jewelry/watch repair, upholstery and furniture repair, computer services & repair, dry-cleaning/laundries/tailoring shop or optical care." The Planning Commission made a recommendation at the February 9, 1999 meeting that jacuzzi and saunas be deleted from the definitions of Personal Health & Beauty Services. A second recommendation concerned the therapeutic massage use as part of the definition. City staff have acknowledged that the therapeutic massage use exists as an ordinance in Title 3 Chapter 15 of the City Code, however, this chapter does not list the type of zoning districts that the use is allowed to provide services. Therefore, City staff has determined that the therapeutic massage use be included in the Personal Health & Beauty Services definition and defined separately to acknowledge the Title and Chapter of the existing therapeutic massage definition. The following is the proposed definition for Personal Health & Beauty Services: "The selling of services that involve personal health and beauty care and treatment to clients on a walk-in or appointment basis. These services include but are not limited to; barber shops; beauty salons; nail salons; chiropractic services; weight-loss services, health clubs, dance studios, and tanning salons. . . . Therapeutic massage is included with these services and is defined in Section 3- 15-2 (B) of the City Code." The following is the proposed definition for Light Manufacturing and Assembly: "A use engaged in the basic processing and fabrication of materials predominately from previously prepared materials, of finished products or parts where no process involved will produce noise, vibration, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties. The shipment of products shall be limited to straight trucks; no jointed or semi-tractor trailer trucks are allowed." At the February 9, 1999 Planning Commission, the Commission determined that it was more beneficial to the ordinance to restrict the type of truck allowed to deliver goods within the B-4 District rather than the size of the truck. Therefore, the Planning Commission recommended that only "straight trucks" are allowed within the B-4 District. The following is the proposed definitions for Straight Trucks: "A vehicle used to carry large or heavy loads that is non-jointed and is not a semi-tractor trailer truck." Upon further examination of the definitions, it was determined that a Hospital definition is not included in the Zoning Ordinance. The definition for a Clinic use is attached illustrating the clinic as providing examinations of human patients that are treated by doctors or dentists but are not hospitalized overnight. Hospitals, however, may require in-patient services that involve the hospitalization of patients for an extended period of time. The Planning Division proposes to include the following definition for a Hospital: "An institution providing health services primarily for human in-patient medical and surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities and staff offices that are an integral part of the facilities." The City Attorney has reviewed and approved the above amendments to Title 10 of the Farmington Zoning Ordinance. ACTION REOUESTED Approve the amendments to Title 10 of the Farmington City Code, Zoning Ordinance, concerning the definitions of Neighborhood Services, Personal Health and Beauty Services, Light Manufacturing and Assembly, Straight Trucks and Hospitals and forward recommendations to the City Council. ;2S:~) Lee Smick, AICP Planning Coordinator