HomeMy WebLinkAbout05.11.99 Planning Packet
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AGENDA
PLANNING COMMISSION
Regular
May 11, 1999 at 7:00 P.M.
Council Chambers
325 Oak Street
1.
CALL TO ORDER
2.
OATH OF OFFICE - PLANNING COMMISSIONER TIM DOUGHERTY
3.
APPROVAL OF MINUTES
a)
April 13, 1999
4.
PUBLIC HEARINGS
7:00 PM
a)
Conditional Use Permit - Blimpie Subs (continued from April 27, 1999)
b) Conditional Use Permit - Landscape Depot - 100 5th Street
c) Amend Title 10 Chapter 4 - Section 10-4-4: Non-Conforming Lots (continued from
April 13, 1999)
d) Amend Title 10 Chapter 8 of the Farmington Zoning Ordinance: Interim Use Permits
(continued from April 27, 1999)
e) Amend Title 10 Chapter 9 of the Farmington Zoning Ordinance: Wetland Protection
Ordinance
5. ADJOURN
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
Michael Schultz CLO
Application for Conditional Use Permit- Brett & Amy Jensen
FROM:
SUBJECT:
May 11, 1999
INTRODUCTION
DATE:
Brett and Amy Jensen are seeking a conditional use permit to establish a fast food restaurant and
office/warehouse space within a B-1 (Limited Business) Zoning District.
Plannin2: Division Review
Applicant:
Brett & Amy Jensen
19438 Everest Path
Farmington, MN 55024
Attachments:
1. CUP Application
2. 10-3-2: Permitted and
Conditional Uses
3. Location Map
4. Site PlanlElevation Drawings
5. Memo from Jerry Auge, City
Engineer, dated April 9, 1999
6. Memo from David Sanocki, City
Engineer, dated May 6, 1999
7. Section 10-4-1 (J)
8. Section 10-6-12: Exterior Lighting
Subject Property Location:
Lot 1, Block 1, Dakota
County Estates 9th Addition
(southeast comer of C.S.A.H. 31 and
Upper 193rd St. W.)
Size of Property:
+/- 1.1 acre
Existing Zoning:
R-4 (PUD)
Existing Comprehensive
Plan Use:
Business
Existing Land Use:
Vacant
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Surrounding Land Uses:
North: Business
East: Multi-family (townhomes)
West: Single-family residentiallROW
South: Vacant Business
Proposed Use:
Fast Food Establishment and
Office Space/Warehouse
Proposed Building Size:
4,000 square feet (80' x 50')
DISCUSSION
Brett and Amy Jensen are proposing a 4,000 square foot commercial building on the southeast
comer of Pilot Knob Rd and Upper 183rd Street W. containing a fast food establishment and two
(2) leasible office spaces. The applicants are also reserving space to the north for future
expansIOn.
The fast food establishment will make up just over two-thirds of the floor space of the building,
the office/warehouse space would contain the remainder of the floor area.
The applicant's masonry and automobile lettering businesses will use one of the leasible
office/warehouse spaces. The front portion of the would be comprised of the sales office of the
landscape business, while the warehouse portion, which will have an overhead door, is proposed
to be used for both the storage of landscape vehicles and the for the use of the automobile
lettering. The Jensen's have stated that there will be no outdoor storage oflandscape material and
. heavy machinery.
City staff has identified a situation relating to the reconstruction of Pilot Knob Road directly
effecting the subject lot. It is apparent that a fifteen-foot (15') permanent easement exists, not
only on this property but running parallel with the remainder of the properties just to the south
and north of the subject lot.
According to Jerry Kingrey, Right-of-way manager for Dakota County, the County acquired the
land as for the widening of Pilot Knob Road through the process of attaining a permanent
easement. The easement acts like right-of-way in that the County does not permit any
landscaping or structures to be placed within the easement even though the property owners
maintain the property rights. The City Attorney has referenced Section 10-4-1 (1) of the City
Code in which the setback will be fifty (50') feet from the planned right-of-way line.
In light of the new information, staff will be requiring that the developer complete a legal survey
of the property before continuing on with the project. Staff was permitting the architect to work
off of the registered plat boundaries until a building permit application was submitted in which a
survey would then be required. A legal boundary survey will reveal the exact extent of the
easement(s) of the property.
Staff completed a review of the proposed site plan to enable the developer and architect to make
the appropriate changes even in light of the permanent easement situation.
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Proposed Landscaping- The landscape plan proposes a three-foot (3') high berm with Green Ash
trees along the east property line adjacent to English Ave to provide screening to residents across
the street. The remainder of the landscape plan proposes Green Ash to be planted along Pilot
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Knob Rd and Pyramidal Arborvitae (pines) to be planted along the north property line of Upper
183rd Street W. Pyramidal Arborvitae is also proposed within the interior around the building. It
has been calculated that over fifty percent (50%) of the site plan is shown as landscaping. (see
attached site plan)
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Recommendations:
· Most of the Pyramidal Arborvitae can be excluded along Pilot Knob Road and Upper 183rd
St. W., this will allow some site lines on the street, do not want to over-screen the building.
. Staff recommends that landscaping along English could be lessened with still remaining
completion by the Dakota County Estates developer of tree plantings along the west side of
English Ave., this will provide additional landscaping for the residents directly across from
the project. Some of the Seedless Green Ash may be removed because of the spread of trees,
but should be replaced with an evergreen species.
· Staff suggests that the Pyramidal Arborvitae could be replaced with Colorado Spruce (used
with the Dakota County Estates landscaping plan and on Super America's landscaping plan).
. Green Ash should be replaced with Marshall's Seedless Ash within the boulevard of Upper
183rd Street West per Section 2-9-11: Street Tree Species to be Planted of the City Code
(Summit and Marshall's Ash are encouraged).
. Staff suggests that another tree species be added to the landscape plan that is apart of the
Dakota County Estates landscaping plan (included are: Norway Maple 'Cleveland', Redmond
Linden, Pin Oak, Marshall's Seedless Ash and Colorado Spruce).
. A planting detail should be diagramed that meets the City standard planting plates (standard
plate was attached in a letter dated May 7, 1999 to the developer and architect).
. Replace the interior Pyramidal Arborvitae with deciduous trees near the building, except for
those screening the dumpster area, this will save the developer additional landscape costs.
Proposed Parking/Access- The site plan proposes thirty-seven (36) parking stalls with dimension
of 9 feet by 18 feet, plus one (1) handicap stalls, this amount satisfies the City's parking
requirements for fast food establishment and office/warehouse space. The main customer parking
is shown along Pilot Knob Rd., parking in the rear will be mainly employee parking.
Recommendations:
. An additional handicap stall be added as required by the Accessibility Guidelines for
Buildings and Facilities of the Americans with Disabilities Act (ADA). Also the appropriate
signage should also be detailed.
. A diagram of the handicap parking should be given detailing width, length and aisle width.
At least one stall should provide van accessibility.
. Accesses should align with existing accesses into the Budget Mart strip center and the access
into the Dakota Meadows Townhomes. The site plan does not indicate where these accesses
exist. A legal survey of the property should extend out at least one hundred (100') feet from
the property boundary that would indicate existing accesses and structures.
. The parking lot should be extended south to the property line to enable vehicle access from
site to site on at least one portion if not both portions of the parking lot. Staff references
Section 10-8-5 (C) 5 of the City Code "The proposed use shall organize vehicular access and
parking to minimize traffic congestion in the neighborhood". Staff feels that this will
minimize traffic along English Ave. Waste Management also requests that the lot be
extended to allow continuous access for waste removal. The additional parking will also ease
emergency vehicle access concerns.
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. The Engineering Division has made reference to identifying the turning radiuses within the
parking area; some of the radiuses have been given, but not all. Radiuses should allow
turning for emergency vehicles. The turning radiuses should be given
Proposed Building/Design- The applicant is proposing a four thousand square foot (4,000-sq. ft.)
building constructed of a wood frame with a brick veneer around the entire building. The roof is
at a 4/12 pitch and will be shingled. The building design appears that it will transition well with
the residential homes on the east side of English Ave.
The floor area of the fast food establishment is approximately 1,700 square feet, while the middle
office/warehouse unit is approximately 1,120 square feet and the end office/warehouse unit is
approximately 1,180 square feet.
The Building Official has done a preliminary review of the project based on the site plan and has
listed several concerns; those include firewall separation between restaurant and warehouse,
handicap accessibility in the middle unit bathroom and the possible need to sprinkle the entire
building. Both the Building Official and the Fire Marshall will complete a full review upon
formal submittal of a building permit and complete set of plans.
Recommendations:
. Staff suggests that the windows be enlarged on the Blimpie Sub portion of the building to a
more typical fast food window dimensions to allow adequate window signage; the alternative
will be additional temporary outdoor signage.
Signage- Signage for the building tenants is proposed along the front fascia of the building, the
fascia is measured at two feet (2') in height. Signage for multi-tenant buildings will need
Planning Commission approval through submittal of a signage plan per the City sign ordinance,
this can be completed at a later date when applicants make application for a sign permit. Parking
Lot and directional signage will be observed during this process also.
Recommendations:
. At a minimum, pylon signage location should be shown on the plan to enable the developer to
properly plan for placement. It was discussed that there is a possibility that the developer
would purchase the "I sl National Bank of Farmington" and remain in the existing location for
their use. A question arises if the sign is located within the permanent easement and if the
County will permit it to remain there. Staff will need to continue research on this subject.
Recycling/Trash- Placement of the trash containers is proposed in the rear of the building and
enclosed within a brick enclosure, resembling that of the building, with locking wood doors. The
enclosure will be screened by the interior placement of trees from the Upper 183rd Street West
side.
Sidewalks/Trails- A five (5') foot wide concrete sidewalks are proposed along both Upper 183rd
Street W. and English Ave per the City's Sidewalk/Trail Plan. The sidewalk will stem off the
existing trail along Pilot Knob Road and running along Upper 183rd Street W. and turn south
along English Ave which will eventually connect to the existing sidewalk near Super America
(English Ave and Elk River Trail).
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Recommendations:
. Engineering is requesting plans and specifications on the construction of the sidewalk; the
developer and architect should use the City's standard plats.
. The sidewalk should be placed per City specifications (.5 feet from property line) within the
City boulevard.
Exterior Lighting Plan- The developer is proposing four (4) wall lights that will project toward
the exterior lot lines and into the proposed parking lot area. A detailed wall light diagram was
submitted with the latest plans.
Recommendations:
. Staff recommends that the main exterior parking lot lighting should be placed on the exterior
of the parking lot, having the light directed toward the building and away from road ways and
residential areas; staff references Section 1O-6-11: Exterior Lighting (see attached). It is
questionable if the proposed wall lights would adequately provide the necessary lighting for
the property (see attached photographs for examples).
ACTION REQUESTED
Planning Staff recommends that the Commission continue the public hearing until the May 25,
1999 Planning Commission meeting based on the following requested information:
a) A legal survey of the property, extending at least one-hundred (100') feet from the property,
in order to properly identify all existing easements, structures and accesses.
b) All revisions be made to the site plan in reference to all Planning and Engineering staff
comments and recommendations (see attached memos from Jerry Auge and David Sanocki);
c) An additional meeting be established between City staff, the developer and their architect.
Staff will make any approval recommendations after the requested additional information has
been submitted in a timely manner for proper review at least one week prior to the May 25, 1999
Planning Commission meeting. Staff also recommends that the applicant submit a letter to
request an extension on the time limit for Planning Commission recommendation. Ordinance
requires that the Planning Commission give a recommendation within 60 days of complete
application, application was made on March 5, 1999
Michael Schultz
Associate Planner
cc: Brett & Amy Jensen
David Darrell
file
02/24/99 12:59
'Zt612 463 1611
CITY FARMINGTON
@0010/0016
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City of Farmington Variance/Conditional Use Permit
325 Oak Street, Farmingtoo, MN 55024
'~1111 FAX'I~1591
APPUCATlON FOR: 0 Valiance er6>~onaJ Use. If. IJ.fft<< use
(please chec1c) *roquimI- abstradots c;cnific.as.= of owners wbhln 350 it. NUMBER
(avenge cost - $2SO-3S0)
LEGAL DESCRIPTION OF PROpaTY: (lo~ block, plat name. Section, township. range)
LeT I I \Olce. Ie.: ,
OAk:Q-rf\ CQurvT'1 ~'5"'Al'E q-fh APDITI.o/'J
ZONING DISTRICT R 1./ P UO
PHONE 617. -'-/69-340 '$
55Q24 .
Zip Code
FEE OWNER."S NAME BR.ETT J E~"[) F tJ
. ADDRESS: IqL.l~~ E\JEctE:S, PATH MtJ
Street Slate
PRESENT LAND USE: VA~ANf lQ.~m
SPECIFYNAlURE OF REQUEST AND GROUNDS: ':fJ.S,
1=000 /Ot=FICE. - lVp.acl-lov$E-
FOLLOWING A TI ACHED: (please check) 0 Proof of Ownership 0 Boundary Survey
~ApplicatioD Fee EfCopies of Site Plan
~Absuact
OT_(Own....Dupli-~
AppIicaat'.S~ ~~ AppIiamt'.S~ ~ __
Dale 3- 5"-9 Cf Dare
fIJr oDiu use only ... .
REQUEST SUBl'wl1ED TO THE PLANNING COMMISSION ON
ACTION: OPubUc BeariaC set for:
o Deaied Reason:
FINAL ACTION: 0 Approved Comments:
o Denied Reasoa:
ZONING ADMINISTRATOR:
DATE:
signature
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)/; (G)
10-3-2
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
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
City of Farmington
597
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO: Mike Schultz, Associate Planner
FROM: Jerry Auge, Jr., Civil Engineer I
SUBJECT: Blimpie Sub Preliminary Review
DATE: April 9, 1999
The City of Farmington has reviewed the preliminary grading plans for the above
submitted project. The following requirements are requested prior to further
engineering review:
. 1. Existing and proposed elevations submitted on a 24>> x 36>> grading plan sheet.
This shall include any lighting, utilities, and site layout.
2. The storm sewer is proposed to be placed through the future extension area.
Relocation of the storm sewer is recommended. Profiles of all utilities need to be
included in the plans.
3. All dimensions of parking lots and drive lanes need to be shown on the plans.
. Show all high and low points in the parking lots. Access and parking lot radii shall
be large enough to accommodate garbage and fire truck access. The Fire Marshall
will need to approve the layout.
. 4. Show proposed size and locations of water and sewer services.
5. Sidewalk is required along Upper 183rd Street and English Avenue.
These comments need to be addressed in the next submittal and are preliminary in
nature. Additional issues may be identified when the complete set of plans is submitted.
Sincerely, ~'i
5Y
Civil Engineer I
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
Mike Schultz, Associate Planner
FROM:
David R. Sanocki, Engineer Division
SUBJECT:
Blimpie Sub Construction Plan Review
DATE:
May 6, 1999
Following are Engineering comments for the construction plans that were submitted for the
above referenced project. The following comments should be addressed with the next
submittal:
Sheet Al
1. Remove the site plan from this page or revise to reflect the conditions proposed on sheet
A2.
Sheet A2
1. Extend the westerly parking lot to the south property line.
2. Place siltfence at perimeter/property line of the project (City plate #ERO-Ol).
3. Place one rock construction entrance (City plate #ERO-09).
4. Recommend placing stop signs by entrances and exits (City plate #GEN-09).
5. Provide storm sewer profiles. Storm sewer may need to be modified to pick up all
drainage and get storm sewer away from proposed building (City plates #STO-09, #STO-07
and #STO- 05).
6. Provide storm sewer calculations with attached drainage map.
7. Label all high and low points within parking lot.
8. Provide parking lot section (No inverted sections).
9. Place sidewalk per City section and 0.5' away from the property. line (City plate #STR-21).
10. Place sidewalk curb ramps (City plate #STR-17).
11. Place commercial concrete driveway aprons with sidewalk (City plate #STR-16).
12. Place curb and gutter per City standards (City plate #STR-Ol).
13. Existing services are 8" sanitary PVC, 8" DIP watermain (fire protection) and 2" copper
watermain (Domestic). See attached information for existing services and locations.
14. Detail plates should be drawn on the plans or placed in the project specifications.
Sinrere1lfJ f li
David R. Sanocki
Engineering Division
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(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,
1 0-1 6-1995)
(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-" 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
City of Farmington
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1 0-6-11
10-6-12
(B)
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The home occupation shall be conducted wholly witlJ.iA'ihe principal
accessory structures. / /
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No struc I alterations or enlargements shall be made for the sole
purpose of co cting a home occupa~
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Only one home occup , n sh be permitted for each principal
structure, (Ord. 086-177, 3- /' 986)
/
(C)
(D)
(E) Exterior displays or sig
nonilluminated sign nd exterior storag f materials and exterior
indication of the ome occupation or variat from the residential
character of principal structure shall not permitted. (Ord.
089-217,7- -1989)
(F) The ctivity does not involve the manufacture, ass ly or
di Ibution of goods and the activity does not deal with the general
tail public. (Ord. 086-177, 3-17-1986)
'"> 10-6-12:
EXTERIOR LIGHTING:
(A) All interior lighting shall be designed and arranged so as to not direct
any illumination upon or into any contiguous residential districts.
(B)
No exterior lighting shall be arranged and designed so as to create
direct viewing angles of the illumination source by pedestrian or
vehicular traffic in public right of way.
(C) Lenses, deflectors, shields. louvers and prismatic control devices
shall be utilized so as to eliminate nuisance and hazardous lighting,
(D) Reflected glare from exterior lighting or from high temperature
processes such as combustion or welding shall not be directed into
any adjoining property.
597
City of Farmington
"
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10-6-12
10-6-13
IE)
The following tabulation is a recommended guide for floodlight illumination foot-
candle levels for building exteriors:
.
Recommended Average
Reflective Reflective Footcandles
Surface Materials (Percent) AO So C.
1. Light marble. white or cream terra cotta, white
plaster 70 85 15 10 5
2. Concrete. tinted stucco. light grey and buff
limestone. buff face brick 45 70 20 15 10
. 3. Medium grey limestone. common tan brick.
sandstone 20 45 30 20 15
4. Common red brick. brownstone. stained wood
shingles. dark grey brick 10 20 50 35 20
A. Recommended footcandle levels when building is located in areas of intense street light-
ing. areas of many conflicting signs and other light sources.
B. Recommended footcandle levels when lighting in areas of secondary business streets with
few conflicting signs and other light sources.
C . Recommended footcandle levels when lighting in areas of little conflicting light. such as
college campuses. residential streets. parks and lighted highways.
SOURCE: ILLUMINA T1NG ENGINEERING SOCIETY
IF)
In no case shall reflected glare or spill light exceed five-tenths (0.5) footcandles
as measured on the property line when abutting residential zones and one (1.0)
footcandle measured on the property line when such line abuts a similar zone
and land.
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10-6-13: SCREENING: The screening required in this Section shall consist of a
fence, wall, landscaping or earth berm but shall not ex ithin
een feet 115') of any public street. Natural features such as differen s in elevation
an ee masses may negate the need for manmade screening ivcertain areas:
/
(A)
ing shall be required in residential uistricts)Nnere:
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at parking lot contains m~re./than six (6) parking spaces.
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(B)
2. Any material and ipment is ~ored other than recreational equipment, con-
struction material curren ~~ng used on the premises.
Screening shall be requfr~d in b
/./
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1. Any structu~e: parking or storage is a' ent to and within one hundred feet
(1 00') of p~otierty zoned for residential use. _
2. Any/s~~ yard of a business or industry that is a~treet from a residen-
700. ~
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
Lee Smick, AICP i(-'v l)
Planning Coordinator LJY
Application for Conditional Use Permit- 100 5th Street
FROM:
SUBJECT:
DATE:
May 11, 1999
INTRODUCTION
Mr. Colin Garvey is seeking a conditional use permit for his property located at 100 5th Street to
allow a greenhouse/nursery to reside within an existing R-2 zoning district.
Plan nine: Division Review
Applicant:
Colin Garvey
21080 Eaton Avenue
Farmington, MN 55024
Attachments:
1. CUP Application
2. 10-3-2: Permitted and
Conditional Uses
3. Location Map
4. Site Plan
Subject Property:
Lots 1,2 and 3, Block 30
(west side of 5th Street south of railroad
spur line)
Size of Property:
+/- 20,250 s.f.
Setback Requirement:
10-4-1 (F) Rear and side yard lot lines
abutting a railroad right of way are
exempt from rear and side yard setbacks
in all district.
Existing Building Size:
2,501 s.f. - Built 1910
Proposed Use:
Greenhouse and Nursery
Proposed Parking:
20 Parking Spaces
.
.
.
Existing Zoning:
R-2
Existing Comprehensive
Plan Use:
Business
Proposed 2020 Comprehensive
Plan Use:
High-Density Residential
Existing Land Use:
Greenhouse and Nursery/Storage of
Landscape Materials
Surrounding Land Uses:
North: Railroad spur line, Marigold
Plant
East: Single-family residential
West: Truck parking area/vacant
South: Single-family residential
DISCUSSION
Mr. Garvey has owned this property for several years and the building uses have varied including
a bus line company, a construction company and taxi service. Mr. Garvey has recently upgraded
the property by painting and re-roofing the existing building that at one time was a former
MNDOT maintenance shed.
A review of past zoning maps shows that the property has been zoned R-2 (Medium-Density
Residential) since the early 70's. Information previous to the 70's has not been located to
determine the exact time period the R-2 zone went into effect. Under an R-2 zone, a
greenhouse/nursery requires a conditional use permit.
Mr. Garvey proposes to use the site to sell landscape materials such as trees, shrubs and landscape
rocks and stones; however the business has been open since April 23, 1999 and is in violation of
the City Code. He is seeking the conditional use permit to remedy the situation, but understands
that there is a risk in opening the business before approval of the permit has been granted.
The attached site plan shows storage bins for the landscape rock and stone along the periphery of
the lot and the location of trees and shrubs on the east side of the lot. He has recently installed a
6- foot high chain link fence with two gates fronting sth Street. He proposes to use the existing
building to house equipment and provide a location for the sales office. Parking for the
greenhouse/nursery is shown within the boulevard along sth Street and includes twenty spaces.
There are several code requirements that need to be met in order for the property to be 10
compliance with the Zoning Code. The following is a list ofthe requirements:
1.
10-6-13 (A 2) Screening shall be required in residential districts where any material and
equipment is stored other than recreational equipment, or construction material
currently being used on the premises. Screening is required along the fence line utilizing
slats in the fence, a wall, earth berm or landscaping.
10-6-8 (A) Off-street parking spaces shall be required by Land Use Category. The
greenhouse/nursery is considered a retail business and shall provide 1 parking space for
2.
.
.
.
2.
currently being used on the premises. Screening is required along the fence line utilizing
slats in the fence, a wall, earth berm or landscaping.
10-6-8 (A) Off-street parking spaces shall be required by Land Use Category. The
greenhouse/nursery is considered a retail business and shall provide I parking space for
every 200 square feet of floor space. Thirteen parking spaces are required and the owner
has provided twenty. The area shall be striped to clearly mark the parking spaces.
10-6-8 (A 5) Plans for parking lots shall be submitted to the City Engineer for approval
before construction may begin. The site plan that was submitted is required to show
contours, proposed grading and drainage patterns in to determine if the parking lot meets
the specifications of the Engineering Division.
10-6-8 (A 2) Any off-street parking lot and driveway shall be graded for proper drainage
and surfaced with concrete or bituminous material. The owner is required to install
mountable curb along 5th Street to match the grades of the existing boulevard parking
area and provide for proper drainage.
2-9-12 The spacing of street trees of the species listed in Section 2-9-11 of this Chapter
will be planted no closer than 30 feet except in special planting designs. Section 2-9-14
Boulevard trees shall be planted 7 feet from the property line. The distance trees may be
planted from curbs and sidewalks shall be no closer to any curb or sidewalk than 3 feet.
A total of four boulevard trees are required along 5th Street and are required to be planted
within the boulevard along 5th Street. In lieu of the existing parking lot within the
boulevard, the owner is required to install landscape plantings near the fence line to
provide aesthetics to the site.
3.
4.
5.
As illustrated in the above Code requirements, a number of items must be addressed. The
following is an overall list of requirements that the Owner needs to address:
I. The Owner needs to submit a parking lot plan to the City Engineer and install a
mountable curb for the parking lot along 5th Street.
2. In lieu of boulevard trees, landscaping material shall be installed along the eastern fence
line.
3. The storage area must be screened from view when residing within an R-2 zone.
ACTION REQUESTED
Approve the requested conditional use permit contingent upon the conditions stated above.
RespectfullY., Subm,itred, /7
~,..~u-~~
. Lee Smick, AICP
Planning Coordinator
cc: Colin Garvey, CG Construction
.
City of Farmington Variance/Conditional Use Permit
325 Oak Street, Farmington, MN 55024
612-463-;111 FAX 612-~63-2591
APPLICATION FOR: 0 VarianCe~OnditiOnaJ Use'
(please check) "requires an abStractors cenificate of owners within 350 ft.
(average cost - S250-350)
LEGAL DESCRIPTION OF PROPERTY: (lot, block, plat name, section, to\\nship, range)
/00 r'l~# ~
for office use
NUMBER
FEE OWNER'S NAME
.ADDRESS: /0 . t)
Street 0
PRESENT LAND USE: JC,- 2.-
SPECIFY NA-TURE OF REQUEST AND GR UNDS: t!t1"tflrl;OI'1~ use -&, ~
'J11>~ 11 411.- ,- 2 . 'T,It.Y
F LOWING A IT ACHED: (please check) 0 Proof of Ownership 0 Boundary Survey
~Application Feet//Z, 0 Copies of Site Plan
~Abstract
o Torrens (Owner's Duplicate Certificate of Title Required)
ZONING DISTRICT
PHONE1t)- ~/o~r
\ ~\.
Zip Code
Applicant's Signature ~ 4--t
Date 9' - / ::J
Applicant's Signature
Date
for office use only
REQUEST SUBMITTED TO THE PLAmlTfNG COl\IM1SSION ON
ACTION: OPublic Hearing set for:
o Denied Reason:
. FINAL ACTION: 0 Approved Comments:
o Denied Reason:
fONING ADMINISTRATOR:
DATE:
signature
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' r. 096-378, 8-19-1996; Ord. 096-383, 11-18-1996)
G~ R.2 Medium Density D~
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
10-3-2
!"';;'""".4',:,../,,~""t
Permitted Uses
.\
7. Day care facility
serving 14 or fewer persons
Ii,.
10-3-2
Conditional Uses
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 of Farmington
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
Michael Schultz A(()
Associate Planner 'Y
FROM:
SUBJECT:
Amending Title 10, Chapter 4 of the Farmington City Code: Non-
conforming lots
DATE:
May 11, 1999
INTRODUCTION
During the past year several unique situations have brought to the attention to staff the
Farmington City Code that there was not a provision addressing nonconforming lots in relation to
common ownership of adjoining parcels. Planning staff requested the City Attorney draft an
ordinance to resolve this issue.
DISCUSSION
Attached is a draft ordinance pertaining to non-conforming lots and lot combinations. 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. Presently the common tool to resolve such
issues 'is a waiver of plat, which would combine the subject lots. This method would still
preferred because it "cleans up" the property boundaries, but would not be absolutely necessary.
An example of the ordinance at work would be as such; a property owner is proposing to build a
garage on a portion of his/her property but it is straddling on the property, line in which he/she
also owns the adjoining property. The adjoining property is 2,000 square feet, leaving it virtually
unbuildable because it does not meet the minimum standards of the City Code. The ordinance
would be a mechanism in which staff could view both properties as "one" lot, allowing the
resident to straddle the property line with the structure.
Also attached are several property examples in which the ordinance could resolve the situation.
REOUESTED ACTION
Staff recommends approvmg the ordinance and forwarding it on to the City Council for
consideration.
.
.
.
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
Thumas J. Camphell
Ruger N. Knuts()n
Th()mas M. Scutt
Elliutt B. Knetsch
Suesan Lea Pace
(651) 452-5000
Fax (651) 452-5550
Joel J. Jamnik
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kellv
Matthew J. Fuli
Marguerite M. McCarron
George T. Stephensun
*Also licensed in \X-'isc(JllSin
October 2, 1998
Mr. Michael Schultz
City of Farmington
325 Oak Street
Farmington, MN 55024
Re: Zoning Ordinance Concerning Nonconforming Lots
Dear Mike:
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
~{l
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 and/or
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
.
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
Lee Smick, AICP ..f)..P
Planning Coordinator
FROM:
SUBJECT:
Amend Title 10, Chapter 8 - Interim Use Penn its
DATE:
May 11, 1999
INTRODUCTION
The amendment is proposed to provide the allowance of a temporary use of a property until a
particular date, the occurrence of a particular event or the zoning regulations no longer penn it it.
DISCUSSION
City staff presented a draft of the interim use ordinance to the Planning Commission on April 27,
1999. During the presentation, the Planning Commission desired clarification from the City
Attorney on two items located in Section 10-8-5A (1) and (1-5).
The Planning Commission's first question pertained to Section 10-8-5A (1) concerning the
statement "the use confonns to the zoning regulations."
Upon approval of the interim use ordinance in Title 10, Chapter 8 by both the Planning
Commission and City Council, each interim use pennit application will require a text amendment
to the Zoning Code. As applications for interim uses are approved in various zoning districts, the
Zoning Code will be amended to reflect the new use. Therefore, if the proposed interim use
"confonns to the zoning regulations" under the interim use category for that particular zone, the
use may be approved if it meets the remaining requirements in Section I 0-8-5A (1-5).
For instance, as shown in the attached ordinances from the City of Plymouth, interim uses for
single-family detached dwellings are listed as agriculture, nurseries, tree fanns, stables etc. and in
the convenience commercial district, landfilling and land excavation are considered interim uses.
It is critical that the Planning Commission and City Council understand that when an application
for an interim use is approved, the new use is incorporated into the City Code as a text
amendment. Each newly approved interim use may set precedence for similar uses to be allowed
as an interim use within a district. However, staff recommends that each interim use application
be studied carefully to make certain how the proposed interim use might affect a particular zoning
district in the future.
The second question dealt with Section 10-8-5A (1-5). The Planning Commission requested
clarification on the granting of an interim use. Upon discussions with the City Attorney, it has
.
.
.
been clarified that all five of the requirements in this section must be met in order for the interim
use to be approved.
Upon clarification of these two items, staff recommends the approval of the interim use
ordinance.
REQUESTED ACTION
Approve the amendment to Title 10, Chapter 8 of the Farmington City Code and forward the
recommendation to the City Council.
Q2Su
Lee Smick, AICP
Planning Coordinator
ORDINANCE NO.
.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10, CHAPl'ER 8,
OF THE FARMINGTON CITY CODE, THE FARMINGTON WNlNG
ORDINANCE, CONCERNING INTERIM USE PERMITS
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
~ECTlON 1. Title 10. Chapter 8 of the Farmington City Code is amended by adding
a new Section lO-8-SA to read as follows:
l0-8-SA:
INTERIM USES: The Board of Adjustment shall have the power to authorize
an interim. use for the purpose of allowing a temporary use of property until a
particular date, until the occurrence of a particular event or until zoning
regulations no longer pennit it.
(A) The Board of Adjustment may grant permission and set conditions for an interim use of
property if:
.
1.
the use conforms to the zoning regulations, perfonnance standards and other
requirements;
2. the use meets the standards of a conditional use pel1llit set forth in Section 10-8-5
of the City Code;
3. the date or event that will terminate the use can be identified with certainty;
4. the use will not impose additional costs on the public if it is necessary for the
public to take the property in the future; and
S. the use will be subjected'to, by agreement with the owner, any conditions that the
City bas deemed appropriate for pennission of the use, including a condition that
the owner will provide an appropriate (mancial surety to cover the cost of
removing the interim use and any interim stnlCtures upon the expiration of the
interim use pennit.
(B) Termination: An interim use pennit shall tenninate upon the occurrence of any of the
following events, whichever occurs first:
1. the date state in the pennits or
.
71715
.
.
.
2. a violation of conditions under which the pennit was issued; or
3.
a change in the City's zoning regulations which renders the use nonconforming
as provided in Section 10-8-9; or
4. redevelopment of the use and property upon which it is located to a pennitted or
conditional use as allowed within the respective zoning districts.
(C) Application, Public Hearing, Notice: The application, public hearing, and public notice
requirements for interim use penults before the Board of Adjustments shall be the same
as those for zoning amendments as provided for In Section 10-8-5 of the City Code.
(D) Appeal: Upon appeal of a decision by the Board of Adjustment, the Zoning Officer shall
set a public hearing, transmit the application directly to the City Council and mail a
notice to the Board of Adjustment and property owners adjacent to the subject property
disregarding public rights of way. The City Council shall. within sixty (60) days of the
public hearing, decide to affum or overturn the decision of the Board of Adjustment with
a four-fUths (4/5) vote of the City Council.
SECTION ,. This ordinance shall be effective immediately upon its passage.
ADOPTED this _ day of
Fannington.
, 19_, by the City Councll of the City of
CITY OF FARMINGTON
By:_
Gerald Ristow, Mayor
ATIEST:
71715
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PLYMOUTH ZONING ORDINANCE
SECTION 21355 - RSF-1. SINGLE FAMILY DETACHED DWELLING DISTRICT 1
. 21355.01. PURPOSE: The pUIpose of the Single Family Detached Dwelling District 1
(RSF-l) is to preserve and maintain existing larger lot single family neighborhoods while also
allowing for directly related. complementary uses. A full range of public services and
facilities shall be available to RSF-l areas.
2135S.03. . _ PERMITI'ED USES: The following are permitted uses in a RSF-l District:
Subd.1. Day care facilities serving twelve (12) or fewer persons in a
single family detached dwelling. .
Subd.2. Essential services. not including structures, except those reqwrmg
administrative permits or conditional use permits pursuant to Section 21160 of this Chapter.
Subd.3. Parks, trails. playgrounds, and dkectly related buildings and structures;
City of Plymouth only.
Subd.4. Residential facility serving six (6) or fewer persons in a single family
detached. dwelling.
Subd. 5.
Single family detached dwellings.
21355.05. ACCESSORY USES: The following are permitted accessory uses in a RSF-l
District:
Subd. 1.
All accessory uses as allowed in a FRD District.
Subd. 2. Sales and fund raising events sponsored by non-profit uses allowed in
this district.1imited. to no more than six (6). three (3) day events per calendar year.
21355.07. CONDITIONAL USES: The following are conditional uses allowed in a
RSF-l District and require a conditional use permit based upon procedures set forth in and
regulated by Section 21015 of this Chapter. Additionally, besides the specific stBndards and
criteria which may be cited below for respective conditional usesf each request for a
conditional use pennit shall be evaluated based upon the standards and criteria set forth in
Section 21015.02. Subd. 5 and 21015.04 of this Chapter.
21355-1
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PLYMOUTH ZONING ORDINANCE
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\v 21355.09. INTERIM USES: Subject to applicable provisions of this sectiOllt .the
/f\ following are interim uses in a RSF-l District and are further governed by Section 21020 of
this Chapter.
.
Subd.l. Agriculture. nurseries. greenhouses for growing only, landscape
gardening and tree fanns, including sale of products grown on premises.
Subd. 2. Landfilling and land excavation/grading operations including mining as
regulated by Section 21185 of this Chapter.
Subd. .3.
Stables and riding academies.
Subd. 4.
Temporary classroom stnlcture for use by public or private school.
21355.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions
of this section, performance standards established by this Chapter, and processing
requirements of Section 21025, the following are uses allowed in a RSF-l District by
administrative pennit as may be issued by the Zoning Administrator:
.'
Subd. 1. Antennas located upon a public strucmre or existing tower, as regulated
by Section 21175 of this Chapter.
Subd.2. Landfilling and land excavation/grading operations, except mining, as
regulated by Section 21185 of this Chapter.
.
Subd. 3. OUtside, above ground storage facilities for fuels used for heating
purposes. or for motor fuel dispensing purposes related to an approved principal use, but not
for sale, subject to the same conditions as allowed in a C-l District.
Subd. 4. Essential services requiring a pennit from the City Engineer as pr~vided
by Section 21160 of this Chapter.
Subd. S. . Model homes, temporary as regulated by Section 21165 of this Chapter.
Subd.6. Real estate offices. temporary as regulated by Section 21165 of this
Chapter.
Subd.7. Temporary structures as regulated by Section 21167 of this Chapter.
. .
21355-4
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PLYMOUTH ZONING ORDINANCE
SECTION 21455 - C-l. CONVENIENCE COMMERCIAL DISTRICT
21455.01. PURPOSE: The purpose of the C-1, Convenience Commercial District is to
provide for the establishment of highly limited scale neighborhood centers which offer basic,
convenience type goods and services to the immediat~ly surrounding areas in which they are
located and are oriented to both walking and driving neighborhoods as defIned by the
. Comprehensive Plan.
21455.03. ,. PERMI'ITED USES: The following are permitted uses in a C-l District:
Subd.l. Barber shops.
Subd.2. Beauty parlors.
.Subd.3. Bus/transit stations or terminals without vehicle storage.
Subd. 4. Candy 1 ice cream, popcorn, nuts, frozen desserts, and soft drink sales.
Subd.5. Cellular telephone towers and antennas located on a public structure, as
regulated by Section 21175 of this Chapter.
Subd. 6. Convenience grocery markets (not supermarket type and without motor
fuel facilities and delicatessen food service).
Copy services but not including printing press or newspaper.
Dry cleaning pick up and laundry pick up stations including incidental
repair and assembly but not including processing.
Subd.9. Essential services not including structures, except those requiring
administrative pennits on conditional use permits pursuant to. Section 21160 of this
Chapter.
Subd. 10.
Subd. 11.
Subd. 12.
Subd. 13.
Subd. 14.
Subd. 15.
Subd. 16.
Subd.17.
Subd.18.
Subd. 19.
Subd. 7.
Subd. 8.
Funeral homes and mortuaries.
Laundromats, self-service washing and drying.
Locksmiths.
Offices, commercial and professional.
Prepared food: delivery and/or take-out only.
Sexually oriented businesses - accessory.
Shoe. repair.
Tailoring services.
Tanning SalODS.
Therapeutic massage.
21455.05.
ACCESSORY USES: The following are permitted uses in a C-l District:
Su,bd.1. Accessory uses inciden~l and customary to uses allowed as pexmitted.
conditional, interim, and administrative permit in this Section.
21455-1
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PLYMOUTH ZONING ORDINANCE
(d) The aff-street loading space(s) and building access for ..delivery of goods shall be
separate from customer parking and entrances and shall not cause conflicts with
customer vehicles and pedestrian movements.
(e) The hours of operation shall be limited to 6:00 AM to 11:00 PM. unless
extended by the Council as part of the conditional use pennit.
(f) Motor fuel facilities shall be installed in accordance with State and City
standards. Additionally, adequate space shall be provided to access gas pumps and to
allow maneuverability around the pumps. Underground fuel storage tanks are to be
positioned to. allow adequate access by motor fuel transports and unloading operations
which. do not conOict with circulation, access and other activities on the site. Fuel
pumps shall be installed o~ pump islands.
(g) A protective canopy located over pump islands may be an accessory structure
on the property and may be located twenty (20) feet or more from the front lot line.
provided adequate visibility both on and off site is maintained.
(h) Litter Control. The operation shall be responsible for litter control within three
hundred (300) feet of the premises and litter control is to occur on a daily basis. Trash
receptacles must be provided at a convenient location on site to facilitate litter control.
Subd.3.
Day care facUities as a principal or accessory use provided that:
(a) The use complies with the provisions of Section 21150 of this Chapter.
Subd.4. Essential services requiring a conditional use pennit pursuant to Section
21160 of this Chapter.
Subd.5. Essential service sttuctures as defined by Section 21005 of this Chapter
necessary for the health. safety and general welfare of the City, excluding public works type,
facilities. provided that:
(a) Equipment is completely enclosed in a permanent strucwre with no outside
storage.
~ 21455.09. INTERIM USES: Subject to applicable provisions of this Chapter, the
...../r following are interim uses in the C-l District and are governed by Section 21020 of this
Chapter:
Subd.1. Landfilling and land excavation/grading operations except mining. as
regulated by Section 21185 of this Chapter.
21455-3
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission
Lee Smick, AICP () ()
Planning Coordinator
FROM:
SUBJECT:
Amend Title 10, Chapter 9 - Wetland Protection Ordinance
DATE:
May 11, 1999
INTRODUCTION
The revised wetland protection ordinance has been drafted in order to update the existing setback
requirements between the wetland edge and a building and the need to categorize the City's
wetlands through floral diversity and stonn water susceptibility to detennine the importance of
wetlands to the City's ecosystem.
. DISCUSSION
The proposed wetland ordinance amendment was presented at the April 27, 1999 Planning
Commission meeting. At the meeting, the question was raised concerning the mitigation of the
wetlands within the proposed 19Sth Street right-of-way south of the Limerock Ridge
development.
As required in Section 10-9-8B (7), wetland and buffer mitigation should be undertaken on site.
If this is not feasible, mitigation should occur locally within the sub watershed If this is not
possible, mitigation should occur outside the sub watershed, elsewhere in the City. If mitigation
cannot be accomplished on site, or if the City deems it necessary to perform mitigation off-site,
the applicant shall be responsible for contributing into the City's Wetland Restoration Fund The
contribution will be based on the City's cost to create a new wetland. This includes, but is not
limited to, the cost of land, design, engineering, legal and construction activities needed to create
the new wetland The mitigation performed off-site shall meet the requirements of this ordinance.
As stated in the April 27, 1999 Planning Commission meeting, one of the identifiable needs for
revising the ordinance dealt with the setback requirements for buffer areas between the wetland
edge and a building in the current ordinance. In Section 10-9-6 (C) 3, the existing ordinance
requires that all buildings, except accessory buildings shall be setback at least one hundred feet
from a wetland. This requirement was observed as too excessive, considering wetlands vary in
environmental value. A more manageable requirement would categorize wetlands by
functionality, value of the ecosystem and whether the wetland had been altered and would require
various setback lengths depending on the type of wetland adjacent to a development.
.
.
.
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Therefore, Bonestroo, Rosene, Anderlik & Associates performed a wetland field study in the
summer of 1998 and the research was generated into a wetland classification report. The
wetlands were classified into four separate categories depending on its floral diversity, storm
water susceptibility and the alteration of the wetland. The four categories include Protect,
Manage 1, Manage 2 and Utilize.
Protect wetlands exist in an unaltered state and have special and unusual qualities that require a
high level of protection. A buffer of between 75-100 feet is required to insure protection of the
wetland.
Manage 1 wetlands have moderate floral diversity and are slightly to moderately susceptible to
storm water and snowmelt impacts. A buffer of between 30-50 feet is required for protection.
Manage 2 wetlands have been altered by human activities and is usually found within a park or
greenway. A buffer of 20-25 feet is required to protect this wetland.
Utilize wetlands have been significantly altered and degraded by urban or agricultural land uses
and no buffer is required for this wetland.
By classifying the wetlands within the community, the City has gained the opportunity of
insuring a no net loss of wetlands. It can also prevent construction-related degradation through
the location of the wetlands. The classification of wetlands will also assist developers in
preparing developments that are sensitive to the natural environment, especially the large amount
of wetland located in the City of Farmington.
REOUESTED ACTION
Amend Title 10, Chapter 9 of the Farmington City Code to provide a wetland protection
ordinance and forward the recommendation to the City Council.
Respectfully Submitted,
~(?
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Lee Smick, AICP
Planning Coordinator