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HomeMy WebLinkAbout08.08.23 Planning Packet Meeting Location: Farmington City Hall 430 Third Street Farmington, MN 55024 PLANNING COMMISSION Tuesday, August 8, 2023 7:00 PM Page 1. CALL TO ORDER 2. APPROVAL OF MINUTES 2.1. Approve Planning Commission Minutes Approve the minutes from the July 11, 2023 regular meeting. Agenda Item: Approve Planning Commission Minutes - Pdf 2 - 5 3. PUBLIC HEARINGS 3.1. Conditional Use Permit for Grocery Store within the B-1 Zoning District - 705 8th Street - Sultan Haque - Con't Close the public hearing and make a motion to accept the withdrawal of the conditional use permit application. Agenda Item: Conditional Use Permit for Grocery Store within the B-1 Zoning District - 705 8th Street - Sultan Haque - Con't - Pdf 6 - 7 3.2. Ordinance Amendment - 10-6-29: Chickens on Urban Residential Lots Recommend approval of the attached ordinance and summary ordinance regarding Chickens on Urban Residential Lots and forward that recommendation on to the City Council. Agenda Item: Ordinance Amendment - 10-6-29: Chickens on Urban Residential Lots - Pdf 8 - 13 4. DISCUSSION 5. ADJOURN Page 1 of 13 PLANNING COMMISSION AGENDA MEMO To: Planning Commission From: Tony Wippler, Planning Manager Department: Planning Commission Subject: Approve Planning Commission Minutes Meeting: Planning Commission - Aug 08 2023 INTRODUCTION: Attached, are the minutes from the July 11, 2023 regular meeting. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the minutes from the July 11, 2023 regular meeting. ATTACHMENTS: PC Minutes 071123 Page 2 of 13 CITY OF FARMINGTON PLANNING COMMISSION MINUTES REGULAR MEETING July 11, 2023 1.CALL TO ORDER The meeting was called to order by Chair Rotty at 7:00 p.m. Members Present: Rotty, Tesky, Windschitl, Lehto, McAbee Members Absent: None Staff Present: Tony Wippler – Planning Manager Jared Johnson – Planning Coordinator 2.APPROVAL OF MINUTES a) Approve Planning Commission Minutes MOTION by Windschitl, second by McAbee to approve the meeting minutes of the Planning Commission from May 30, 2023 special meeting and June 13, 2023 regular meeting. Voting for: Rotty, Windschitl, Lehto, McAbee. Abstain: Tesky. MOTION CARRIED. 3.PUBLIC HEARINGS Chair Rotty opened all public hearings 3.1 – Conditional Use Permit for Grocery Store within the B-1 Zoning District – 705 – 8th St – Sultan Haque – Cont’d – Planning Manager Wippler indicated that the applicant has requested a second continuation to the August meeting. Motion by Tesky second by Lehto to continue public hearing until the August meeting. APIF, Motion Carried. 3.2 – Conditional Use Permit to allow a Commercial Child Daycare Center at 310 Division Street – Planning Coordinator Jared Johnson shared the request of Angela Petri, owner of Creative Wonders Childcare to allow for a commercial daycare. This Farmington location would add approx. 135 childcare slots with 15- 20 staff positions. The proposal would be to do only interior renovations. There would be 2 outdoor fenced in play areas, to the west, separated by age group. The floodplain does encroach into these areas, no structures or impervious surface improvements are allowed. The DNR had no concerns with the plans. All CUP requirements have been met. Greg Rance with KW Commercial Brokerage firm is available to answer questions. Robin Ryan, 443 Whispering River Lane, asked about hours of operation and how many children. Angela Petri indicated that the hours of operation will be Monday thru Friday 6:00AM to 5:30PM. DHS will make the final determination of number of children, based on their inspection of the building. Ms. Ryan stated she has concerns about noise and traffic. Ms. Petri indicated that the children don’t go out until 10AM and are out until approx. noon and again between 4PM – 5:30PM. Ms. Ryan stated that with the arena and the FAA there is quite a bit of traffic on Spruce St. She asked about a traffic light at Division and Elm. Planning Manager Wippler noted that this would by a county decision but, he feels this would Page 3 of 13 Planning Commission Minutes July 11, 2023 Page 2 not be warranted. Ms. Ryan asked when they would be opening. Ms. Petri stated that they are hoping for a January 2024 opening. Member Tesky asked about the “intentions” of the play area. Ms. Petri explained that if they have play sets, they need they have 6” of fall space, to comply with the DHS surface requirements. The only way in and out of the area is through the building. Member Windschitl asked about the style of fence. Ms. Petri would prefer a solid type fence but, she doesn’t know what the architect and sub-contractor have planned. Member Lehto asked if they have started taking applications. Ms. Petri indicated they have not started taking applications yet due to the lengthy process with DHS. Member Lehto also asked about the timeline and if they were repaving the parking lot. Ms. Petri said the timeline is dependent on the DHS and the parking lot will be updated. Member Lehto inquired about signage. Ms. Petri said the plan is to use the existing sign. Member McAbee – Looks like a good plan. Member Rotty – there is a need in the community and this is a good plan. He asked if she is in agreement with the six contingencies. She replied she is. Motion by Windschitl second by Lehto to close the public hearing. APIF, Motion Carried. Motion Lehto second by Tesky to approve the Conditional Use Permit for the allowance of a Commercial Child Care Center at 310 Division Street. APIF, Motion Carried. 4.DISCUSSION 4.1 Draft Ordinance Amendment – 10-6-29: Chickens on Urban Residential Lots – Planning Manager Wippler reviewed with the board the ordinance amendment that has been drafted based on comments from residents, staff and the board. The major changes are making the initial permit administrative. No public hearing will be required however, adjacent property owners with be notified and can contact staff with questions or concerns. It removes the requirement that the property needs to be in the R-1 zoning district. Allow permits to any property that was developed for single family dwellings in a residential zoning district. Clarification of exterior finish materials for the coop and run along with the construction method. 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". Change the time period for renewal of permits from yearly to every two years from the date of approval. Addition of verbiage that eggs are for personal use and consumption by the owners of the chickens and may not be offered for sale or sold. Member Windschitl – looking at the time period, with the approval of the permit, will an inspection occur? Planning Manager Wippler noted that yes, they would do the inspection every 2 years to assure compliance and that the number of chickens isn’t more than allowed. The other change would be going from three to no more than four chickens. Member Lehto – Asked if the homeowner moved, is there a requirement to have the shelter (coop) removed? Mr. Wippler indicated that “yes” there is a requirement for this. Member McAbee – Looks good no comments. Member Tesky – Likes the administrative approach. Chair Rotty – there has been discussion and no complaints or concerns from Page 4 of 13 Planning Commission Minutes July 11, 2023 Page 3 neighbors. He asked if the commission ok with the smaller lots where neighbors are closer? They still have to meet the screening requirements. The consensus of the board is to have a public hearing on this amendment, at the August 8th meeting. 5.ADJOURN MOTION by Windschitl, second by McAbee to adjourn at 7:26 p.m. APIF, MOTION CARRIED. Respectfully submitted, Sue Miller Administrative Assistant Page 5 of 13 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 - Aug 08 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. This item had been continued twice at the request of the applicant. DISCUSSION: The applicant is now requesting to have this application withdrawn - see attached email. The applicant is continuing to work with an architect to update requested information and plans and will resubmit an application once the updated information and plan s are complete and ready for resubmittal. BUDGET IMPACT: Not applicable ACTION REQUESTED: Close the public hearing and make a motion to accept the withdrawal of the conditional use permit application. ATTACHMENTS: Haque withdrawal Page 6 of 13 Tony Wippler l From:sultanmahmud haque Sent:Tuesday,August 1,2023 1:29 PM To:Tony Wippler Subject:Re:[EXTERNAL]Re:Conditional use permit Dear sir, This is Sultan haque &Raihana khanam would like to withdraw the CUP application temporarily which we applied forconditionalpermitfor705,8th street Farmington MN will resubmit when all our documents are ready if you pleaseconsiderourcaseandwithdrawtheapplicationsorryfortheinconveniencehopetotalktoyousoon Thanking you Sultan haque &Raihana khanam Sent from Yahoo Mail for iPhone Page 7 of 13 PLANNING COMMISSION AGENDA MEMO To: Planning Commission From: Tony Wippler, Planning Manager Department: Planning Commission Subject: Ordinance Amendment - 10-6-29: Chickens on Urban Residential Lots Meeting: Planning Commission - Aug 08 2023 INTRODUCTION: Attached, please find an ordinance amendment to Section 10 -6-29 of the City Code as it relates to chickens on urban residential lots. The Commission reviewed the draft of this ordinance at its regular meeting on July 11, 2023. DISCUSSION: The substantive changes in the 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 (2) 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: Recommend approval of the attached ordinance and summary ordinance regarding Chickens on Urban Residential Lots and forward that recommendation on to the City Council. Page 8 of 13 ATTACHMENTS: Urban Chicken Amendment Ordinance Summary Ordinance Page 9 of 13 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 10 of 13 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 11 of 13 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 12 of 13 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE AMENDING TITLE 10, CHAPTER 6, SECTION 29 OF THE FARMINGTON CITY CODE AS IT RELATES TO CHICKENS ON RESIDENTIAL LOTS NOTICE IS HEREBY GIVEN that, on August 21, 2023, Ordinance No. was adopted by the City Council of the City of Farmington, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of this ordinance, the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN Ordinance No. includes the following changes: •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 (2) 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. A printed copy of the whole ordinance is available for inspection by any person during the city’s regular office hours. APPROVED for publication by the City Council of the City of Farmington this 21st day of August, 2023. CITY OF FARMINGTON By: _____________________________ Joshua Hoyt, Mayor ATTEST: By: ______________________________ Shirley R Buecksler City Clerk SEAL Approved as to form the ______day of ________________ 2023. By: ______________________________ City Attorney Published in the Dakota County Tribune the _____ day of _______________________ 2023. Page 13 of 13