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HomeMy WebLinkAbout07.11.23 Planning Packet Meeting Location: Farmington City Hall 430 Third Street Farmington, MN 55024 PLANNING COMMISSION Tuesday, July 11, 2023 7:00 PM Page 1. CALL TO ORDER 2. APPROVAL OF MINUTES 2.1. Approve Planning Commission Minutes Approve the minutes from the May 30, 2023 special meeting and the June 13, 2023 regular meeting. Agenda Item: Approve Planning Commission Minutes - Pdf 3 - 15 3. PUBLIC HEARINGS 3.1. Conditional Use Permit for Grocery Store within the B-1 Zoning District - 705 8th Street - Sultan Haque - Con't Continue the public hearing to the August 8th regular meeting. Agenda Item: Conditional Use Permit for Grocery Store within the B-1 Zoning District - 705 8th Street - Sultan Haque - Con't - Pdf 16 3.2. Request for a Conditional Use Permit to allow a Commercial Child Daycare Center at 310 Division Street. Approve the requested conditional use permit for a commercial child daycare center at 310 Division Street contingent on the following: 1. All necessary building permits are obtained. 2. A sign permit shall be obtained for any exterior signage. 3. A fence plan outlining the height, distance, and materials shall be submitted to the Planning department for approval prior to any fencing being erected. 4. The three detached garages are not allowed to be used as childcare areas. 5. Any changes to the location of the trash and recycling area shall be submitted to the Planning department for approval. 6. Two additional striped directional arrows shall be added at each end of the parent parking/drop off area and one arrow shall be added at the exit, as shown on Sheet AC102. 17 - 40 Page 1 of 45 Agenda Item: Request for a Conditional Use Permit to allow a Commercial Child Daycare Center at 310 Division Street. - Pdf 4. DISCUSSION 4.1. Draft Ordinance Amendment - 10-6-29: Chickens on Urban Residential Lots Review the draft ordinance amendment and provide direction to staff. Agenda Item: Draft Ordinance Amendment - 10-6-29: Chickens on Urban Residential Lots - Pdf 41 - 45 5. ADJOURN Page 2 of 45 PLANNING COMMISSION AGENDA MEMO To: Planning Commission From: Tony Wippler, Planning Manager Department: Planning Commission Subject: Approve Planning Commission Minutes Meeting: Planning Commission - Jul 11 2023 INTRODUCTION: Attached, are the minutes from the May 30, 2023 special meeting and the June 13, 2023 regular meeting. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the minutes from the May 30, 2023 special meeting and the June 13, 2023 regular meeting. ATTACHMENTS: Special PC Minutes 5-30-23 PC Minutes 6-13-23 Page 3 of 45 CITY OF FARMINGTON PLANNING COMMISSION MINUTES SPECIAL MEETING May 30, 2023 1.CALL TO ORDER The meeting was called to order by Chair Rotty at 6:00 p.m. Members Present: Rotty, Tesky, Windschitl, Lehto, McAbee Members Absent: None Staff Present: Tony Wippler – Planning Manager Others Present: Paul McGlynn, Margie Wesling, Cullen O’Neil, Rick Nelson, Kevin Holm (LHB) – Great Oaks Academy Steve Wellington, Kim Donat, Kori De Jong – Wellington Management 2.APPROVAL OF MINUTES None 3.PUBLIC HEARINGS None 4.DISCUSSION 4.1 Discussion with Great Oaks Academy Chair Rotty opened the meeting by setting his expectations for the meeting. This is meant to be a discussion between the Commission and Great Oaks Academy. He does not anticipate any action being taken at this meeting. Introductions were made. Rick Nelson addressed the Commission stating the goal of this discussion is to try to laser focus the plan that Great Oaks Academy will be bringing back to the Commission as something that addresses the concerns the Commission has to ultimately get approval of the CUP. They are hoping to get a better understanding of what the Planning Commission is looking to see from them in the application. Paul McGlynn stated that they want to go into the June meeting with a full understanding of the Findings of Facts and other comments and want to make sure they meet all the criteria of the conditional use permit correctly and that their planning is more thorough. An updated traffic study will be forthcoming shortly. Kevin Holm, LHB, stated the primary change in the site plan is the location of the gymnasium. It has been shifted more north and east, opening up the center of the site more. The plan also shows a future high school addition on the north end of the Page 4 of 45 Special Planning Commission Minutes May30, 2023 Page 2 gymnasium addition. The plan does show the access easement through the center of the site, extending from Elm Street to the businesses located toward the rear of the site. The plan maintains this easement. The plan is to restrict and control the access with this plan. Chair Rotty does have concern regarding the speed bumps that have been put in place and because of that have cut off the access to the businesses in the back. Commissioner Tesky appreciates the changes that were shown with the updated site plan. She understands the need for the drive aisle. Commissioner Windschitl inquired if the drive aisle will be open at all times to the general public. Representatives from Great Oaks stated yes. Rick Nelson mentioned that the dance studio hours never conflict with the school’s hours and that their main concern was the location of the proposed addition blocking the view of their building. With the shifting of the building that has alleviated their concern. The school has also offered to allow them to have signage on the existing monument sign along Elm Street. Paul McGlynn explained how drop off and pick up will function with the proposed site plan. Mr. McGlynn indicated that the latest submittal includes specific information on drop and pick up times. Chair Rotty inquired what the maximum enrollment of the school will be. It will be 840 students. Safety features within the building will include cameras on each side of the doors and locked doors that require a fob to be let in. Once in there is a monitor and camera and then would be buzzed into the lobby of the office. Visitors would not have direct access to the students. Chair Rotty inquired if there would be any student crossing between the buildings throughout the day. Mr. McGlynn stated they want to minimize that as much as practical. The elementary school is effectively self-contained there may be some middle school crossing into the elementary space during construction of the gymnasium. Commissioner Lehto inquired about the northern green space and what that would be used for. It would be used for passive space and is currently fenced in. The proposed green space along Elm Street is mainly for aesthetics. Commission Lehto inquired why the school was not pursuing to build to the north of the existing grocery store building where the green space is. Mr. O’Neil explained it would be extremely cost prohibitive to build in that location based on the footprint that is available there. Commissioner Windschitl asked if the school ever looked at constructing the gymnasium where the existing play ground is located. That was never considered as it would require students to cross the parking lot and drive aisle and that would be Page 5 of 45 Special Planning Commission Minutes May30, 2023 Page 3 undesirable. Commissioner Windschitl inquired if the school had any interest in acquiring the retail building that the dance studio is located in. It would be a long short based on the amount of funding they can get through bonding and it was not something that they seriously considered. Commissioner Windschitl inquired if the fire lane has been approved by the fire department. This would have to be approved by the fire department if the CUP is approved. This fire lane is based on similar fire lanes that have been constructed in other locations. Mr. Nelson did mention that as the school grows the amount of parent drop off and pick up will be reduced as the busing will reach out further into the surrounding communities to pickup and drop off students. Chair Rotty mentioned that one of his main concerns is Elm Street, and it being one of the busiest roads in this community. The updated traffic study will show that the aggregate numbers are similar to a retail situation but the patterns are different. The school will generate traffic twice a day where a successful retail will generate the traffic throughout the day. The traffic study will also show the need for a right turn lane into the school property off of Elm Street by the time the High School would be built. As part of this application, it includes the @Bat space for 3 additional elementary classrooms. This is a critical part of the application as construction for these three classrooms would need to start yet this year to be ready for the next school year. The Commission does have some latitude and could split the @Bat space off as a separate motion and action. 5.ADJOURN MOTION by Windschitl, second by Lehto to adjourn at 7:15 p.m. APIF, MOTION CARRIED. Respectfully submitted, Tony Wippler Planning Manager Page 6 of 45 CITY OF FARMINGTON PLANNING COMMISSION MINUTES REGULAR MEETING June 13, 2023 1.CALL TO ORDER The meeting was called to order by Chair Rotty at 7:00 p.m. Members Present: Rotty, McAbee, Windschitl, Lehto Members Absent: Tesky Staff Present: Tony Wippler – Planning Manager, Jared Johnson – Planning Coordinator Others Present: Paul McGlynn and Cullen O’Neil – Great Oaks Academy Paul Whiteman, Brian Zielke – Vita Attiva Ben Ryan - Trinity Care Center 2.APPROVAL OF MINUTES a) Approve Planning Commission Minutes MOTION by Windschitl, second by Rotty to approve the Regular Meeting minutes of the Planning Commission from May 9, 2023. APIF, MOTION CARRIED. 3.PUBLIC HEARINGS Chair Rotty opened all public hearings a. Amendment to Conditional Use Permit to allow the expansion of a Charter School within the B-2 Zoning District – Great Oaks Academy – Planning Manager Wippler reviewed the previous Conditional Use that was denied in April. GOA has reapplied for a Conditional Use permit. Tony reviewed the new concept with the board. Their expansion plans include: 1. The interior renovation of the northern most portion of the existing school building that had been previously occupied by @Bat. This includes converting the space into 3 additional classrooms and restroom. 2. The interior renovation of the existing strip center on the east side of the site. This renovation would largely consist of 8 middle school classrooms, cafeteria, office space, science room, art room and restrooms. 3. Building addition to the north side of the existing strip center. The addition includes a lobby area, restrooms, storage areas, an approximately 5,264 square foot gymnasium. 4. The attached plan calls for the future construction of a two story high school that would be attached to the gymnasium addition. According to the attached plan the High School would consist of 8 general classrooms, music room, maker space, special needs spaces, office and larger vestibule/common space. The high school addition would be approximately 20,000 square feet in size. The proposed plan also provides a bituminous fire lane on the east side of the proposed building expansion. This fire lane encroaches within a drainage and utility easement that currently has 10" sanitary sewer line and an 8" water line. Page 7 of 45 Planning Commission Minutes June13, 2023 Page 2 If approved, a condition of approval should be that an encroachment agreement must be executed to allow the fire lane within the drainage and utility easement. 5. Removal of portions of the existing parking lot to create a courtyard to the west of the proposed gymnasium addition along with greenspace on the southern end of the existing strip center building adjacent to the right-of-way of Elm Street. Fencing is proposed along the western side and portions of the northern and southern sides of the proposed courtyard. If approved, a condition of approval should be that additional safety precautions (i.e., bollards, fencing or the like) must be installed along the outside perimeter of the courtyard. An updated plan must be submitted to staff for approval. He shared the revised proposed site plan along with the traffic plan. Middle school drop off and pick up will utilize the Elm Street access. Elementary school drop off and pick up will enter off First Street and exit through the Elm Street access. Public and non- peak Great Oaks traffic will be able to come directly through the site from Elm Street as there is an existing access easement that will remain open. Access to the site from First Street does not have such an access easement for the general public. If approved, a condition of approval should be that an access easement be prepared and executed for the access off of First Street. The property is zoned B-2 and is exempt from meeting off street parking requirements. The property currently has 229 of street stalls within its boundary. If the plan were constructed as proposed, parking spaces would be reduced to 161 off street stalls, which would be sufficient to meet the requirements outlined in code for a school use. An updated traffic study was performed as part of this application. The study shows that right turn lanes will be warranted by the year 2028/2029 based on enrollment projections. If approved, a condition of the approval should be that the westbound right turn lanes shall be constructed at the intersections of Elm Street and First Street and Elm Street and the school’s private entrance within two years of CUP approval. Planning Manager Wippler went over the criteria for the conditional use. The action requested tonight, is to approve the amendment to the conditional use permit to allow the expansion of a school at the property located at 115 Elm Street contingent upon the following: 1. An encroachment agreement must be executed to allow the construction of the fire lane within the City's drainage and utility easement. 2. Additional safety precautions (i.e. bollards, fencing, etc.) must be installed along the outside perimeter of the courtyard. An updated plan must be submitted to staff for approval. 3. An access easement must be prepared and executed for the site access to First Street. 4. Westbound right turn lanes must be constructed at the intersections of Elm Street and First Street and Elm Street and the school’s private access within two years of the CUP approval. The turn lanes must meet County approval. 5. The submission and approval of all building and fire permits as deemed necessary for the expansion. 6. Sign permit shall be submitted and approved for any exterior signage to be placed on the buildings or site. Page 8 of 45 Planning Commission Minutes June13, 2023 Page 3 Cullen O’Neil presented GOA’s proposed change to the site plan. The site lines to the 2 north businesses has been addressed by positioning the gymnasium and future high school to the north. The strip mall will be the middle school. They positioned it as far east as they could to maintain the central lane between the 2 buildings. The fire lane will be on the very east side adjacent to the gymnasium. The gymnasium will be 2 stories and the high school will “wrap around” and also be 2 stories. The gymnasium will also function as the storm shelter. Enrollment of 840 students would be the maximum student count. The courtyard will be green space and not recreational space. Fencing and bollards around the courtyard will be installed for safety. Kevin Holm, LHB Architecture, addressed the board with the traffic plan. Paul McGlynn explained that the traffic plan includes safety guards to get students safely through the crosswalk. Classes will start at varying times to minimize traffic congestion and staff will also be present with red or orange blazers to communicate the traffic. Staff communicates, before school, to the parents and let them know what group they are in for pickup. Mr. O’Neil - The traffic flow they are showing is for GOA only. The buses will leave before parents get to the school to pick up their children. There is a private easement to the north and the goal is to maintain the easement. Traffic heading to the north buildings can flow in as normal, even during school drop off times. Chair Rotty asked about taking up 2 lanes relating to the north businesses and the ability to carry traffic in and out of First St. at the same time as the buses. Mr. McGlynn indicated that he has not noticed any issues with traffic. Their system seems to work quite well. Chair Rotty also pointed out that 2 right turn lanes would be required in the future. Mr. O’Neil and Mr. McGlynn acknowledged they understood. David Marsh – 204 First St. – He feels that 2 right turn lanes would not help with traffic as most of the traffic comes from the east. Now that the speed bumps are in place, most people are going down First Street to get to the post office. People come in off Elm Street and go around by the strip mall (Wengs, Verizon, etc.) and come out on First Street. First Street was not designed for this type of traffic. A right turn lane onto First Street would require the school purchase the commercial building on the NE corner, there is not enough room to get a turn lane without it. He suggested and alternate traffic plan to the commission but, they weren’t interested. He is supportive of the school but, he still has concerns regarding traffic flow. Chair Rotty asked Planning Manager Wippler how large the right-of-way was in front of the commercial building along Elm Street. Planning Manager Wippler indicated he wasn’t sure off hand. Page 9 of 45 Planning Commission Minutes June13, 2023 Page 4 Mr. McGlynn – He acknowledged that he has heard Mr. Marsh and will convey to the parents that they should not arrive early and park on First Street. He understands that it is a nuisance to the First Street residents. He will have staff out to direct traffic every single day. Bob Richardson – The boulevard is 10 feet wide, 5 foot sidewalk. Have they approached the county to build the road, ramps, retaining walls, move utilities, etc.? He has a hard time accessing his driveway and has almost been hit. The traffic should go south on Denmark, east on Ash Street and north on Third St and west to the entrance to the school. The turn lanes are needed now. Can you eliminate the north easement? Mr. O’Neil – High Schoolers will have a “cap” on how many students would be allowed to drive. Speed bumps were put in for safety but, will be reviewed and seen if the height could be reduced. Chair Rotty noted that his takeaway from Mr. Marsh and Mr. Richardson’s comments would be to educate the parents about the traffic flow and safety for residents. Mr. McGlynn – If we need to redirect parents in a different way, to be more respectful to the neighborhood, they will do that. He will work “keenly” with parents to understand that the residents deserve privacy and respect. David Marsh – Showed on the map his idea on what would work for traffic flow. Mr. O’Neil – the County doesn’t want a second entrance into the school that is that close to the railroad crossing. Mr. Marsh explained again , that not many parents are coming from the east. In his opinion 80% are coming from the west. He would like to look at the traffic study. Mr. McGlynn explained he wants to show what they have to the Planning Commission but, would be happy to look at alternatives for traffic plans that would meet with county approval. Commissioner Windschitl – How many students in high school are projected? Mr. O’Neil indicated 144. What is your plan to limit the permits for high school driver’s? Mr. McGlynn explained that drivers will require permits and if they show up without the permit, they will be asked to return home. There will be designated parking spaces and they will not be permitted to park at post office or other areas. 160 parking spaces are available and there are 78 spaces for staff, that would leave 83 spaces available for high school drivers and future staff. Member Windschitl asked about how the traffic study was done. They had camera’s on site. Windschitl - Have you discussed the fire lane with the fire department? They have not had the conversation yet. The fire lane is shown as 20 feet wide. He doesn’t believe that the right turns lanes will work. He agrees that most traffic comes from the west. He does have concerns about traffic flow. Again Mr. McGlynn stated he will make sure parents do not park on First Street Page 10 of 45 Planning Commission Minutes June13, 2023 Page 5 and wait for their time. Mr. McGlynn said he will do what he can to encourage students takes buses. Commissioner Lehto asked Planning Manager Wippler if he knew what the county would require for the turn lanes. He replied that there has been nothing designed yet. However, the county did indicate that they would like at a minimum, one turn lane. She asked Mr. McGlynn if they would consider moving the courtyard to assist with congestion. He replied yes, they would consider it. Commissioner McAbee – Shares concerns about the traffic. There is vacant retail space to the north of the school and with the apartment building going in, the traffic flow is a concern she has. She thanked the GOA staff for the changes they have made and feels it is a better plan. She doesn’t feel that the school falls into compliance with the comprehensive plan. Chair Rotty – Appreciates the work that has gone into this by GOA. He noted that GOA has addressed a lot of his concerns. It is still a difficult decision for the commission. He asked Tony if engineering had any issues with the plan as submitted? Tony stated he was not aware of any issues. Has Economic Development reviewed the plan and have any issues. Tony said they had reviewed and there were no issues. Tony has recommended approval of this CUP with the outlined conditions. He finds it difficult to deny. He is recommending that they pull the @Bat portion and vote separately on these. Motion by Windschitl second by Lehto to closed the public hearing. APIF, Motion Carried. Chair Rotty is clarifying the @Bat CUP, which the applicant believed was in the application for the original CUP. Mr. McGlynn was asked if he would comply with the conditions set forth for the CUP for the @Bat portion of the building? Mr. McGlynn was asked if he would support the six contingencies for the CUP. He relied, yes, he would. Chair Rotty said that he would take Mr. McGlynn at his word that he will educate parents with regards to improving the traffic flow. Motion by Windschitl second by McAbee to approve the amended CUP for @Bat with the six contingencies. APIF, Motion Carried. Motion by Lehto to approve the amended CUP with the addition of a seventh item, she would like to see additional work done with regards to the courtyard and traffic flow. She would like to see the courtyard moved and the turn lanes being constructed within 2 years. She wants the traffic flow changed for the middle school and high school. Second by Rotty. Voting for: Lehto, Rotty. Voting against: Windschitl, McAbee. Motion Failed. Page 11 of 45 Planning Commission Minutes June13, 2023 Page 6 Chair Rotty would like Findings of Fact for the @Bat approval and the denial for the Amendment to Conditional Use Permit to allow the expansion of a Charter School within the B-2 Zoning District. Chair Rotty reminded the applicant that they have 10 days to appeal the decision to the city council. b. Amendment to a Planned Unit Development - Vita Attiva at South Creek, 5140 216th Street W – Jared Johnson, Planning Coordinator introduced the request by Vita Attiva to allow a 165 square foot monument sign to be placed in between the amenities building and the pond. Back in 2021 the PUD agreement with Vita Attiva outlined approved deviations from the zoning requirements such as reduced setbacks, lot sizes, and increased building coverage. Per City Code, monument signs cannot exceed 50 square feet in area and 5 feet in height. The proposed monument sign is 165 square feet and 5.5 feet tall. Vita Attiva is requesting a PUD amendment to allow the proposed monument sign to deviate from the code requirement. Jared noted that he received an email from Christine Schultz at 5069 – 216th St. W. who objected to this as it would block the views to the pond from the patio area of the amenities building. Paul Whiteman addressed the board and noted that the there is an 8 foot patio that goes all around the building and there are scenic views from those areas . The goal of this development was to make it a “resort” feel. They have also been working with staff on getting a fountain in the pond. They will also landscape around the pond. Geraldine Jolley mentioned this sign issue came up suddenly and the way the residents found out about it was the Public Hearing notice from the city. She and her neighbors were negative. What is the purpose of the sign? Her and some of her neighbors thought that the area behind the sign was a sitting are where they could enjoy the pond and wildlife. Her opinion is that the sign belongs on Eaton Ave. Her and her neighbors are not in favor of this sign. Mr. Whiteman indicated they can’t put the sign on Eaton Ave because it’s all owned by the city. Chair Rotty asked why the sign was so big. Mr. Whiteman indicated that the he feels that it is a retaining wall “feel”. The letters equal about 80 square feet. He indicated that they could reduce the height. Chair Rotty asked if they have reached out to the residents. Mr. Whiteman indicated that they hadn’t really committed to a design but, the salespeople should have been passing along the information. Warren Johnson – he asked where the location of the sign will be. Mr. Whiteman indicated it would be between the pond and the patio and has been staked. Commissioner Windshitl asked about a different location. Mr. Whiteman explained that there is no other location. He indicated they could reduce the height of the sign. Brian Zielke with Vita Attiva noted that they currently have flags along Highway 50 on Peterson property but, when that sells, the flags will need to be removed. He also indicated that when Phase 3 of the project begins, Page 12 of 45 Planning Commission Minutes June13, 2023 Page 7 they could put a sign on an outlot in that phase. All they are trying to do is make a nice entrance into the development. Chair Rotty asked how the modification could be done. Mr. Whiteman indicated that they could reduce the wall by 6 inches and the letters by 6 inches thereby, reducing the height by one foot. Ms. Jolley stated it isn’t the height, it’s the communication. Mr. Whiteman indicated that the lack of communication was on them. They committed to making it smaller. Motion by Windschitl second by McAbee to close the public hearing. APIF, Motion Carried. Motion by Lehto to forward their decision for the amendment with the one foot reduction in height, to the city council for approval, second by Windschitl. APIF, Motion Carried. c. Conditional Use Permit for Grocery Store within the B-1 Zoning District - 705 8th Street - Sultan Haque – Chair Rotty noted that the applicant requested a continuation to the July meeting. Motion by McAbee, second by Lehto to continue to July meeting. APIF, Motion Carried. d. Amendment to a Planned Unit Development - Trinity Care Center - 905 Elm Street – Planning Manager Wippler introduced the request by Farmington Health Services for a third amendment to the PUD site plan for the property at 905 Elm Street. The original PUD, approved by City Council on November 19, 2012, contained the following site changes: •Construction of an additional (10) bed group home for memory care residents, identical to the one that previously opened in 2012. •The demolition of the remaining hospital building and construction of a utility’s addition to the existing skilled nursing center. •The construction of two (2) senior living apartment buildings on the west side of the property. The 2016 PUD site plan amendment made several modifications to the original plan, including: •Removing the two (2) senior living apartment buildings from the plan. •Adds a twenty-nine (29) unit nursing home addition near the north end of the site. •Provides for a reduced front yard setback for the nursing home addition. The setback is reduced from twenty-five (25) feet to eighteen and one-half (18 1/2') feet. •Adds 5,997 square foot addition onto the north side of the existing nursing home for office, storage and delivery space. Page 13 of 45 Planning Commission Minutes June13, 2023 Page 8 •Shows a north/south access road that connects from 213th Street W south to the entry drive off of Elm Street. This also shows cross access to the Pellicci hardware site both at the north and south end of the Pellicci site. The second amendment to the PUD site plan approved in 2019 included the following revisions: •The removal of the north/south access road as it was determined that this access is not needed for fire protection services. •Cross access to the Pellicci site (3560 213th Street W) was maintained with the second amendment as a proposed access drive was shown that extends from the southern boundary of the Pellicci site southeast to the Trinity entry drive. Additionally, cross access was provided on the north end of the Trinity site off of 213th Street to the parking lot on the north end of the Pellicci site. Necessary easements were required to be provided for cross access at the two locations to ensure those areas are available for construction of those accesses by the adjacent property owner. The third amendment, which is currently being proposed, consists of the following site improvements: •The removal/demolition of approximately 7,700 square feet of the existing nursing home portion of the facility. •The construction of a 21,127 square foot addition onto the east side of the nursing home facility. This addition will largely consist of additional storage area and an additional twenty (20) nursing home units. This addition will also connect into the existing apartment building located in the northeast portion of the site as well as the group home memory care unit on the southeast portion of the site. Chair Rotty asked Ben Ryan, Project Manager to answer any questions by the commission. Chair Rotty asked about the breakdown of square footage. Motion by Windshitl, second by Lehto to close the public hearing. APIF, Motion Carried. Motion by McAbee second by Windschitl to approve the PUD amendment and forward their recommendation on to City Council. APIF, Motion Carried. DISCUSSION 5.ADJOURN MOTION by Windschitl, second by Lehto to adjourn at 8:45 p.m. APIF, MOTION CARRIED. Page 14 of 45 Planning Commission Minutes June13, 2023 Page 9 Respectfully submitted, Sue Miller Administrative Assistant Page 15 of 45 PLANNING COMMISSION AGENDA MEMO To: Planning Commission From: Tony Wippler, Planning Manager Department: Planning Commission Subject: Conditional Use Permit for Grocery Store within the B-1 Zoning District - 705 8th Street - Sultan Haque - Con't Meeting: Planning Commission - Jul 11 2023 INTRODUCTION: A public hearing had been set for the June 13, 2023 regular meeting for an application by Mr. Sultan Haque for a conditional use permit to establish a grocery store at the property located at 705 8th Street. The Planning Commission continued the public hearing at the request of the applicant to the July 11, 2023 regular meeting. DISCUSSION: The applicant has requested that this item be continued a second time to the August 8, 2023 regular meeting as they are still in process of updating information for the application. BUDGET IMPACT: Not applicable ACTION REQUESTED: Continue the public hearing to the August 8th regular meeting. Page 16 of 45 PLANNING COMMISSION AGENDA MEMO To: Planning Commission From: Jared Johnson, Planning Coordinator Department: Community Development Subject: Request for a Conditional Use Permit to allow a Commercial Child Daycare Center at 310 Division Street. Meeting: Planning Commission - Jul 11 2023 INTRODUCTION: Angela Petri, the applicant and owner of Creative Wonders Childcare, has applied for a con ditional use permit to allow a commercial child daycare center at 310 Division Street. DISCUSSION: Background Creative Wonders Childcare is a daycare company with locations in Eagan, Inver Grove Heights, and Oak Grove. They are looking to open their fourth location in Farmington at 310 Division Street. Per the executive summary, Creative Wonders was born from th e desire to create a family-like care environment built on family-like bonds with children and parents. Creative Wonders emphasizes artistic expression in early childhood. The summary further states the daycare center will increase childcare accessibility and alleviate childcare shortages in less densely populated areas such as Farmington. The daycare center would add roughly 135 childcare slots and create 15 -20 jobs. Review Zoning The subject property, 310 Division Street, is zoned B-2 (Downtown Business) where commercial child daycare centers are a conditional use. The property is guided for commercial in the 2040 Comprehensive Plan. Existing The subject property is 3.35 acres and is located at the southwest corner of Elm and Division Street. The eastern side of the site contains a one story, 6,730 square foot office building with a shed and three detached garages. The western side of the site contains the Vermillion River and is heavily wooded. Proposed - Interior Creative Wonders would utilize the entirety of the existing building by renovating the interior to their needs. Architectual plans show the following: Page 17 of 45 • Vestibule and reception area • Staff lounge, office, and kitchen area • Flex room • Two infant rooms (0-12 months and 12-18 months) • Two toddler rooms (18-24 months and 24-30 months) • Pre-K room • Room for 5 to 8 year olds • Room for 9 to 11 year olds Proposed - Exterior Plans show two fenced-in outdoor play areas to be located directly west of the building in the existing green space. The northern play area is 5,900 square feet and the southern play area is 5,500 square feet. The two play areas will be separated by age group. Staff would like to note the floodplain of the Vermillion River does encroach in the play area s. No structures or other impervious surface improvements are allowed to be placed in this area with the exception of play equipment and fencing. The DNR has reviewed the proposed plans and have no concerns. There are no immediate plans for the three de tached garages on the south end of the site. The garages are to be used for storage purposes only and will not be allowed to contain childcare spaces. The existing trash and recycling area is located directly south of the building and is screened from view from Division Street and adjacent townhomes. Per the site plans, the only removals on the site include dead trees to the north of the building and two parking stalls. Parking/Traffic Flow The daycare will utilize the existing parking lot and traffic flow on the site. There are 27 angled parking stalls on the east side of the building that will be designated for parent parking and drop off. There are 32 parking stalls located to the south of the building that will be designated for staff. There are no parking requirements in the B-2 (Downtown Business) zoning district and the existing parking exceeds what would be required for daycare centers in all other zoning districts. Access into the site will be from the one-way entrance off Division Street located on the north end of the site. One-way traffic would then loop south through the parent parking/drop off area and then back onto Division Street through a one-way exit at the south end of the site. Staff is requesting in addition to the existing striped arrows for directional flow on site that two additional arrows be added at each end of the parent parking/drop off area and one arrow be added at the exit. BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the requested conditional use permit for a commercial child daycare center at 310 Division Street contingent on the following: 1. All necessary building permits are obtained. 2. A sign permit shall be obtained for any exterior signage. Page 18 of 45 3. A fence plan outlining the height, distance, and materials shall be submitted to the Planning department for approval prior to any fencing being erected. 4. The three detached garages are not allowed to be used as childcare areas. 5. Any changes to the location of the trash and recycling area shall be submitted to the Planning department for approval. 6. Two additional striped directional arrows shall be added at each end of the parent parking/drop off area and one arrow shall be added a t the exit, as shown on Sheet AC102. ATTACHMENTS: Site Plans CUP Application Executive Summary Page 19 of 45 © 2023 Microsoft Corporation © 2023 Maxar ©CNES (2023) Distribution Airbus DS DISCLAIMER: SITE DIMENSIONS AND BUILDING LOCATIONS WERE OBTAINED FROM DAKOTA COUNTY GIS SYSTEMS. CONTRACTOR TO FIELD VERIFY ALL DIMENSIONS AND LOCATIONS BEFORE CONSTRUCTION. 12 15 10 22 10'20'0 40' REMOVE DEAD TREES REMOVE STRIPING FOR 2 STALLS Signature: Name: Date: JOHN K. GASPAR 16430 - I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. 2375 ARIEL ST N, STE A SAINT PAUL, MN 55109 Phone: 651.487.3281 NAI-Architects.com Date: Sheet No.: Comm. No.: Drawn By: Sheet Name: Issues & Revisions: 06/23/2023 CUP SUBMITTAL Registration No: RESERVED FOR CITY USE: File Name: Plot Date: W:\2023041 Creative Wonders - Farmington\cad\ 23041_AC101-RSTE_23-0619.dwg Jun 19, 2023 at 10:51am Last Modified: Jun 19, 2023 NOTICE: The designs shown and described herein including all technical drawings, graphics, and models thereof, are propriety and cannot be copied, duplicated or commercially exploited, in whole or in part, without express written permission of NAI Architects. These are available for limited review and evaluation by clients, consultants, contractors, government agencies, vendors, and office personnel only in accordance with this Notice. CONSTRUCTION DOCUMENTS INCLUDING THE DESIGN AND IDEAS ARE THE EXCLUSIVE PROPERTY OF NAI ARCHITECTS, INC. © 2023041 SB 06/19/2023 Creative Wonders Childcare 310 Division St Farmington, MN 55024 AC101 SITE REMOVALS PLAN Pa g e 2 0 o f 4 5 © 2023 Microsoft Corporation © 2023 Maxar ©CNES (2023) Distribution Airbus DS DISCLAIMER: SITE DIMENSIONS AND BUILDING LOCATIONS WERE OBTAINED FROM DAKOTA COUNTY GIS SYSTEMS. CONTRACTOR TO FIELD VERIFY ALL DIMENSIONS AND LOCATIONS BEFORE CONSTRUCTION. 12 15 10 22 10'20'0 40' STAFF PARKING 32 STALLS PARENT PARKING/ DROP-OFF 27 STALLS FENCED PLAY AREA 1 5,900 SF FENCED PLAY AREA 2 5,500 SF ONE-WAY ENTRANCE ONE-WAY EXIT Signature: Name: Date: JOHN K. GASPAR 16430 - I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. 2375 ARIEL ST N, STE A SAINT PAUL, MN 55109 Phone: 651.487.3281 NAI-Architects.com Date: Sheet No.: Comm. No.: Drawn By: Sheet Name: Issues & Revisions: 06/23/2023 CUP SUBMITTAL Registration No: RESERVED FOR CITY USE: File Name: Plot Date: W:\2023041 Creative Wonders - Farmington\cad\ 23041_AC102-STE_23-0619.dwg Jun 19, 2023 at 10:57am Last Modified: Jun 19, 2023 NOTICE: The designs shown and described herein including all technical drawings, graphics, and models thereof, are propriety and cannot be copied, duplicated or commercially exploited, in whole or in part, without express written permission of NAI Architects. These are available for limited review and evaluation by clients, consultants, contractors, government agencies, vendors, and office personnel only in accordance with this Notice. CONSTRUCTION DOCUMENTS INCLUDING THE DESIGN AND IDEAS ARE THE EXCLUSIVE PROPERTY OF NAI ARCHITECTS, INC. © 2023041 SB 06/19/2023 Creative Wonders Childcare 310 Division St Farmington, MN 55024 AC102 SITE PLAN Pa g e 2 1 o f 4 5 HILOW VESTIBULE 101 RECEPTION 102 STAFF LOUNGE 201 OFFICE 202 UTILITY 203RESTROOM 204 KITCHEN 205 INFANTS 0-12 MO 104 296 SF / 35 = 8 OCC INFANTS 12-18 MO 108 359 SF / 35 = 10 OCC RESTROOM CHANGE STATION 106 TODDLERS 18-24 MO 110 453 SF / 20 = 22 OCC RESTROOM CHANGE STATION 112 TODDLERS 24-30 MO 112 445 SF / 20 = 22 OCC WASH 107C BOYS RESTROOM 107A GIRLS RESTROOM 107B 9-11 YRS 111 506 SF / 20 = 25 OCC PRE-K 115 448 SF / 20 = 22 OCC 5-8 YRS 113 523 SF / 20 = 26 OCC FLEX ROOM 103 843 SF / 20 = 42 OCC SPRINKLER 206 ELEC/ MECH 108 KITCHEN DESIGN BY OTHERS SCALE: 1 A101 FLOOR PLAN 1/8" = 1'-0 4'8'0 16' AREA: OCCUP. FACTOR: 1 PER OCCUP. LOAD: EXITS REQUIRED: SF EXITS PROVIDED: 506 N 20 25 1 1 AREA: OCCUP. FACTOR: 1 PER OCCUP. LOAD: EXITS REQUIRED: SF EXITS PROVIDED: 523 N 20 26 1 1 AREA: OCCUP. FACTOR: 1 PER OCCUP. LOAD: EXITS REQUIRED: SF EXITS PROVIDED: 448 N 20 22 1 1 AREA: OCCUP. FACTOR: 1 PER OCCUP. LOAD: EXITS REQUIRED: SF EXITS PROVIDED: 445 N 20 22 2 2 AREA: OCCUP. FACTOR: 1 PER OCCUP. LOAD: EXITS REQUIRED: SF EXITS PROVIDED: 453 N 20 22 2 2 AREA: OCCUP. FACTOR: 1 PER OCCUP. LOAD: EXITS REQUIRED: SF EXITS PROVIDED: 359 N 35 10 2 2 AREA: OCCUP. FACTOR: 1 PER OCCUP. LOAD: EXITS REQUIRED: SF EXITS PROVIDED: 296 N 35 8 2 2 AREA: OCCUP. FACTOR: 1 PER OCCUP. LOAD: EXITS REQUIRED: SF EXITS PROVIDED: 843 N 20 42 1 2 Signature: Name: Date: JOHN K. GASPAR 16430 - I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. 2375 ARIEL ST N, STE A SAINT PAUL, MN 55109 Phone: 651.487.3281 NAI-Architects.com Date: Sheet No.: Comm. No.: Drawn By: Sheet Name: Issues & Revisions: 06/23/2023 CUP SUBMITTAL Registration No: RESERVED FOR CITY USE: File Name: Plot Date: W:\2023041 Creative Wonders - Farmington\cad\ 23041_AR101-FLR_23-0619.dwg Jun 19, 2023 at 10:52am Last Modified: Jun 19, 2023 NOTICE: The designs shown and described herein including all technical drawings, graphics, and models thereof, are propriety and cannot be copied, duplicated or commercially exploited, in whole or in part, without express written permission of NAI Architects. These are available for limited review and evaluation by clients, consultants, contractors, government agencies, vendors, and office personnel only in accordance with this Notice. CONSTRUCTION DOCUMENTS INCLUDING THE DESIGN AND IDEAS ARE THE EXCLUSIVE PROPERTY OF NAI ARCHITECTS, INC. © 2023041 SB 06/19/2023 Creative Wonders Childcare 310 Division St Farmington, MN 55024 A101 FLOOR PLAN Pa g e 2 2 o f 4 5 DRAFTED BY: City of Farmington 430 Third Street Farmington, MN 55024 Applicant: ______________________________ Telephone: _______________ Fax: ________________ Address: _____________________________________________________________________________ Street City State Zip Code Owner: ___________________________________ Telephone: ______________ Fax: ______________ Address: _____________________________________________________________________________ Street City State Zip Code Premises Involved: _____________________________________________________________________ Address/Legal Description (lot, block, plat name, section, township, range) Current Zoning District ______________________ Current Land Use ______________________________ Specific Nature of Request: ______________________________________________________________ _____________________________________________________________________________________ SUBMITTAL REQUIREMENTS ____ Proof of Ownership ____ 6 Copies of Site Plan ____ Application Fee ____ Abstract/Residential List (required 350’ from subject property) ____ Boundary / Lot Survey ____ Torrens (Owner’s Duplicate Certificate of Title Required) ________________________________________ _________________________________________ Signature of Owner Date Signature of Applicant Date CONDITIONAL USE PERMIT APPLICATION Request Submitted to Planning staff on_______________ For office use only Public Hearing Set for: __________________ Advertised in Local Newspaper: _____________________ Planning Commission Action: ______Approved ______Denied Fee Paid City Council Action (if necessary): ______Approved ______Denied $250 – City of Farmington Comments: ________________________________________________________________________________________ ________________________________________________________________________________________ Conditions Set: ________________________________________________________________________________________ ________________________________________________________________________________________ _______________________________________________________________________________________ Planning division: ___________________________________ Date: _____________ 9/10/2019 Creative Wonders Childcare Co and/or assigns in care of Angela Petri 651-260-5344 5985 Carmen Ave, Inver Grove Heights, MN 55076 SNC Properties LLC in care of Senthil Kumaran 11370 Goodhue St NE, Blaine, MN 55449 310 Division St, Farmington, MN 55024, and SEE Legal Description on separate page B-2 (Downtown Business)Dental Lab Child Day Care Conditional Use Permit DocuSign Envelope ID: 0426EA08-7607-4336-BF97-8551A7A9223C 6/20/2023 Angela Petri (Jun 22, 2023 16:21 CDT)Jun 22, 2023 Page 23 of 45 Legal Description: That part of the South One-half of the Northwest Quarter (S 1/2 of NW 1/4) of Section Thirty-one (31), Township One Hundred Fourteen (114), Range Nineteen (19), Dakota County, Minnesota, described as follows: Commencing at a point Sixty (60) feet West of the Southwest (SW) corner of Lot Six (6), Block Two (2), P. H. Feely's Addition to Farmington, thence running west 450 feet; thence running North 325 feet; thence running East 450 feet; thence running South 325 feet to the point of beginning, according to the Government Survey thereof. PID: 14-03100-33-020 Abstract Property Page 24 of 45 Execu�ve Summary 5/20/2023 Creative Wonders was founded in 2015 by Angela Petri in Inver Grove Heights, MN. Born from the desire to create a family-like care environment built on family-like bonds with children AND parents. The second location was opened in Eagan, 2017. Oak Grove was purchased in 2022. Creative Wonders has created 200 childcare slots and two dozen teaching positions. A fourth Creative Wonders location will increase childcare slots by approximately 150 children; This will increase Creative Wonders gross and net revenues. Additionally, adding a 4th location will create 15-20 jobs. Increased childcare accessibility and job creation helps alleviate childcare shortages in less densely populated areas, such as Farmington, compared to our suburban locations. An additional new facility will increase brand strength by adding another childcare option in the market for Farmington families. More childcare slots add customer value and healthy competition in the childcare industry, this keeps prices affordable and care accessible. Proposed Creative Wonders Facility: 310 Division St. Farmington, MN 55024 (5,712 sq ft plus potential 957 sq ft). Page 25 of 45 Page 26 of 45 Market Niche: Creative art expression-based early childhood experience. Pros: Few competitors. Cons: Parents may be unfamiliar with importance of artistic expression in early childhood. Nearest Major Cities/Markets with similar population density/demographics: • Lakeville • Inver Grove Heights • Rosemount Farmington Geographical Data Median Age: 34.6 Children under age 10: 2,000 Annual population Growth Rate: 0.07% Median Household Income: $106,835 Mean Household Income: $117,257 Average Individual Income: $95,326 47% Adult earners hold an associate degree (or higher) Proposed Building Use *Please Note: Structural beams and supporting walls are NOT yet known. Also, there are no formal measurements of the main building's sq ft available at this time, to us. Non-child use rooms: Laundry/Janitor’s Closet, Toy & Supply Storage, Pantry, Staff restroom, Admin office Total Child Capacity: 124 (approx.) Childcare spaces: 9 Number of Classrooms per age group Child aged 6 weeks to 16 months: Infants 2 Infant rooms divided by 0- 12 months and 12-18 months old. 16 Children 6-7 Staff Child Ages 17 months to 31 months: Toddlers 2 Toddler rooms 28 Children 5-6 Staff Page 27 of 45 divided by 18-24 months and 25-31 months Children Ages 31 months to 41 months: Preschoolers 2 large Preschool rooms divided by younger half and older/potty-trained groupings 30 Children 4-5 Staff Children Ages 42 months to Summer before Kindergarten: Pre-K One large classroom divided into two evenly 20 Children 2-3 Staff Children aged 5 years to 11 years: School-Aged Children One large classroom divided into 2 by children 5-8yrs old and 9-11yrs 30 Children 3-4 Staff Indoor large muscle room Based on DHS use capacity per group Based on DHS use capacity per group Outdoor Playground Rated for Infants through 5 Years Based on DHS use capacity per group Based on DHS use capacity per group Outdoor Playground rated for 5 years+ Based on DHS use capacity per group Based on DHS use capacity per group Proposed Building Modifica�ons and Phases Key Build Aspects Phase Notes/Solution Follow-up Children drop off and traffic flow 3 Parents will drop off at the main door that will be secured. May change drop- off policies and procedures based on customer needs Parking Assessment 1 Plenty of parking observed separate spaces for staff and parent/vendor parking. CUP notes on marking minimums Outdoor Playground estimated location 1 Rear of building, see image 2 above. N/A Kitchen, hot food service cooking or not 1 Full-service kitchen to prepare food to city code standards for all children: 2 meals and 1 snack. Need food and beverage license and inspections. Page 28 of 45 Infant areas with cleanable floors and refrigeration for milk 2 DHS requirements require non-porous flooring in food and diapering areas, refrigerator for infant milks. 1 Carpet per group of children, otherwise rest of classroom can be tile. Washer Dryer or not 2 Yes Plumbing required, if not already present, dryer vent likely needed. Toilets and sinks 1 1 per every 15 occupants of license capacity To code, as required. Trash, recycling 1 Outside, via commercial service Will defer to zoning and city preference in combination with previously established allowable uses Childcare facility use or not of the three double wide garages on the property TBD TBD Will defer to zoning and city preference in combination with previously established allowable uses. Phase One • Preliminary nego�a�ons (LOI) between seller and buyer • CUP Applica�on*, Fees Paid *CUP: Sprinkler systems and ingress and egress locations (doors, etc.) - This will be a Change of Use and the City of Farmington has adopted 1306. • Design floor plan and layout Phase Two • Demo • Construc�on • Playground fencing • Pre-Licensing Inspec�ons Phase Three • Inspec�ons • Cer�ficate of Occupancy • DHS-granted license • Grand Opening Page 29 of 45 2023 Angela Petri, Creative Wonders CEO and Founder Pa g e 3 0 o f 4 5 Eagan, MN Inver Grove Heights, MN Oak Grove, MN Pa g e 3 1 o f 4 5 My child has been attending the Invergrove Heights location since last year. In that time she has been growing and thriving. Staff are caring, accommodating, and I receive updates about my child throughout the day via their app. -Deb I am beyond grateful for Creative Wonders and the staff there. When I was pregnant with my son I had zero idea how to even begin the process of looking for the right child care. Everything was so so expensive and restrictive and being in a home was kind of a gamble. -Trisha Customer Impact My two sons go here and it has felt like a second home for them. You know it’s a great atmosphere when your toddler runs up to his teacher and hugs her leg and my baby smiles continually. -Irene Pa g e 3 2 o f 4 5 Founder Angela Petri Creative Wonders was founded in 2015 by Angela Petri in Inver Grove Heights, MN. Born from the desire to create a family-like care environment built on family-like bonds with children AND parents. The second location was opened in Eagan, 2017. Oak Grove was purchased in 2022. Creative Wonders has created 200 child care slots and two dozen teaching positions. Pa g e 3 3 o f 4 5 Owner Angela Petri Director Assistant Director Teaching Staff CFO Ryan Petri Vendors Organizational Structure Pa g e 3 4 o f 4 5 Customer Profile Affluent, married parents of children under age 10 with dual income. Associates degree as minimum education. Female is primary decision-maker for child-related matters. Parents working full-time with 2.5 children. When utilizing child care academics, health and safety are contributing purchase factors. Making up 90% of gross revenue. Pa g e 3 5 o f 4 5 Geographical Data Median Age: 34.6 Median Household Income: $106,835 Mean Household Income: $117,257 Average Individual Income: $95,326 47% Adult Earners hold Associate's degree (or higher) Demographics Farmington Appx. Capacity 150 School-Age (5-10) 1,000 Under Age 5 (2023): 1,000 2020 Population Current Facility 23,568 6,690 SF Staff:20 Pa g e 3 6 o f 4 5 Market Analysis Local competitors: Eight center-based Distance: Within 5 mile radius Overlap: Dozen options within five miles Actual: Four similarly positioned options Nearest Major Cities/Markets with similar population density/demographics: Lakeville Inver Grove Heights Rosemount Market Niche: Creative art expression-based early childhood experience. Pros: Few competitors. Cons: Parents may be unfamiliar with importance of artistic expression in early childhood. Pa g e 3 7 o f 4 5 Local signage placement proximal to facility Potential for local sports-team sponsorship Boosted and sponsored social media ads in target regions Solicited [authentic] parent Google reviews Marketing Advertising Budget 3% of gross revenues, primarily via social media. Family engagement activities to generate word-of-mouth/positive parent community social capital. Parent Aware rated program i.e. school readiness, much needed in Oak Grove market Advertising Pa g e 3 8 o f 4 5 TrendsGreater MN Childcare Crisis Our 3rd location will increase childcare slots by approximately 80 children. This will increase Creative Wonders gross and net revenues. Additionally, the expansion of the [current] 3rd location will create 10 jobs. Increased childcare accessibility and job creation helps alleviate childcare shortages in less densely populated areas., such as Oak Grove compared to our suburban locations. An new facility will increase brand strength and recognition positioning Creative Wonders as a forerunner in arts-based early childhood education. Pa g e 3 9 o f 4 5 763-753-6605 Director@CreativeWondersMN.com www.CreativeWondersMN.com 3142 Viking Blvd NW, Oak Grove, MN 55011 Angela Petri Pa g e 4 0 o f 4 5 PLANNING COMMISSION AGENDA MEMO To: Planning Commission From: Tony Wippler, Planning Manager Department: Planning Commission Subject: Draft Ordinance Amendment - 10-6-29: Chickens on Urban Residential Lots Meeting: Planning Commission - Jul 11 2023 INTRODUCTION: Attached, for discussion purposes only, please find a draft ordinance amendment to Section 10 -6-29 of the City Code as it relates to chickens on urban residential lots. DISCUSSION: At the May 9, 2023 regular meeting a discussion was held regarding the possibility of amending the city code to "lighten" the restrictions on keeping chickens on residential properties. The substantive changes in the draft ordinance amendment include the following: • Making the initial permit administrative. • Removing the requirement of a public hearing for the initial permit (the proposed code does provide that the adjacent property owners be notified that an application has been received). • Removing the requirement that the property has to be located within the R-1 zoning district. Allows for a permit on any property developed for a single-family dwelling within a residential zoning district. • Identifying the exterior finish materials for the coop and run along with the proposed construction method. • Verbiage added under section (A) of the ordinance adding a #4 under the supporting information/documents required for a permit - verbiage added: "Any other information the Zoning Administrator deems necessary to evaluate the application for compliance with the requirements of this section and this Code". • Changing the time period for approval of an administrative renewal permit from yearly to every two years from the date of the initial approval. • Addition of verbiage that eggs from chickens are for personal use and consumption by the owners of the chickens and may not be offered for sale or sold. BUDGET IMPACT: Not applicable ACTION REQUESTED: Review the draft ordinance amendment and provide direction to staff. Page 41 of 45 ATTACHMENTS: DRAFT Urban Chicken Amendment Ordinance Page 42 of 45 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 10, CHAPTER 6, SECTION 29 OF THE FARMINGTON CITY CODE AS IT RELATES TO CHICKENS ON RESIDENTIAL LOTS The City Council of the City of Farmington ordains: SECTION 1. Title 10, Chapter 6, Section 29 of the Farmington City Code is amended as follows (deleted text is struck and added text is underlined): 10-6-29: CHICKENS ON URBAN RESIDENTIAL LOTS: (A) Administrative Permit Required: An administrative urban chicken permit shall be required for the keeping of any hen chickens upon a property less than two and one-half (2 ½) acres in size and developed with a single-family dwelling within a residential zoning districtproperty less than two and one-half (21/2) acres in size., provided said property is zoned R-1 (low density residential). The keeping of chickens on lots two and one-half (21/2) acres and larger are regulated under section 6-4-2 of this code. An administrative permit must be submitted to the Planning Department with urban chicken permit requires a public hearing be held by the board of adjustment after a fee, as established by the city council., is paid and Upon receipt of the administrative permit all adjacent property owners are will be notified of the application. Supporting information/documents to be submitted to the planning division with an administrative urban chicken permit application are: 1. Number of chickens to be kept on the property. 2. Site plan or property survey showing the proposed location of the chicken coop and/or chicken run on the subject property. 3.To scale building plan, including elevations, of the proposed coop and/or run and exterior finish materials and construction methods. 3.4.Any other information the Zoning Administrator deems necessary to evaluate the application for compliance with the requirements of this section and this Code. (B) Duration Of Permit: The urban chicken permit shall be valid for one year from the date of board of adjustment approval. A renewal permit will be required to be approved every two (2) years after the initial administrative permit is approved board of adjustment approval that chickens are kept on an approved residential lot. An application for a renewal permit shall be filed with the city thirty (30) days prior to the expiration of the current permit. The urban chicken permit may be terminated or not renewed for violations of the ordinance following notice to the permit holder and an opportunity for a hearing at the board of adjustment. Page 43 of 45 The renewal permit will be reviewed and approved administratively. The fee for a renewal permit will be established yearly by the city council. (C) Automatic Termination Of Permit: If the owner of hen chickens, who has an approved permit, moves from the premises approved for said hens, the urban chicken permit shall automatically become null and void. (D) Limitation On The Number Of Chickens: No person shall keep on any single-family residential property more than four (4) three (3) total hen chickens. (E) TwoThree Or More Dwelling Unit Properties: Chickens are not allowed on properties that contain two three (2) (3) or more dwelling units. (F) Eggs from chickens kept upon the property to which the permit is issued are for personal use and consumption by the occupants and shall not be offered for sale or sold. (GF) No Roosters: No person shall keep roosters, or adult male chickens, on any residentially zoned property less than two and one-half (21/2) acres in size. (HG) No Cockfighting: Cockfighting is specifically prohibited within the city. (IH) No Slaughtering: The slaughter of chickens is prohibited on residentially used or zoned properties. (I)(J) Ownership Occupancy: The owner of the chickens shall live on the property on which they are being kept. (KJ) Confinement: Every person who owns, controls, keeps, maintains or harbors hen chickens must keep them confined on the premises at all times in a chicken coop or chicken run while in the city. Chickens are not allowed to be located in any part of the home and/or garage. (LK) Shelter And Enclosure Requirements: Chickens shall be properly protected from the weather and predators and have access to the outdoors in an enclosure or fenced area. The shelter and/or enclosure shall meet all of the following requirements: 1. Any chicken coop and run fencing must be consistent with building and zoning codes. 2. No chicken coop or run shall be constructed on any urban residential lot prior to the time of construction of the principal structure. 3. One chicken coop and/or chicken run will be allowed per residential lot provided the maximum lot coverage of the underlying zoning district is not exceeded. 4. Chicken coops and runs shall not be located in the front or side yards and shall not be placed within any drainage and utility easements found on residential lots. Page 44 of 45 5. Any chicken coop or run shall be set back at least twenty five feet (25') from any principal structure on adjacent lots and a minimum of ten feet (10') from all property lines. 6. Any chicken coop or run shall be screened from view with a solid fence or landscaped buffer with a minimum height of four feet (4'). All fencing shall be in accordance with section 10-6-12 of this chapter. 7. All chicken coops must have a maximum size of ten (10) square feet per chicken and must not exceed eight feet (8') in total height. Fenced in chicken runs must not exceed twenty (20) square feet per chicken and fencing must not exceed six feet (6') in total height. Chicken runs may be enclosed with wood and/or woven wire materials, and may allow chickens to contact the ground. Chicken runs must have a protective overhead netting to keep the chickens separated from other animals. 8. Chicken coops must be elevated a minimum of twelve inches (12") and a maximum of thirty six inches (36") above grade to ensure circulation beneath the coop. 9. Chicken grains and feed must be stored in a rodentproof container. (ML) Conditions/Maintenance And Inspection: No person who owns, controls, keeps, maintains or harbors hen chickens shall permit the premises where the hen chickens are kept to be or remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition that noxious odors to be carried to adjacent public or private property. Any chicken coop and chicken run authorized under this section may be inspected at any reasonable time by the city. (Ord. 014-668, 6-16-2014) SECTION 2. EFFECTIVE DATE. This ordinance shall be effective upon its passage and publication according to law. Passed by the City Council of the City of Farmington, Minnesota, this day of 2023. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 45 of 45