Planning Commission City Hall Council Chambers 1. Call To

Planning CommissionCity Hall

Council Chambers

Call To Order/Roll Call

1. Agenda

1. 06-04-18.PDF

Approve Minutes

2A. Minutes

2A. MINUTES 5-21-18.PDF

Public Hearings

3A. CUP 14-18

3A. PC MEMO CUP 14-18 MAPLE LAWN CEMETERY .PDF

3B. IUP 15-18

3B. PC MEMO IUP 15-18 ACC DWELLING IN TUD 2310 14TH ST NE.PDF

4A. ZTA 2-18

4A. ZTA 2-18 ACCESSRORY STRUCTURE ORDINANCES.PDF

Work Session

5. WS Agenda

5. WS AGENDA.PDF

Adjourn

1.

1.A.

Documents:

2.

2.A.

Documents:

3.

3.A.

Documents:

3.B.

Documents:

4.

Documents:

5.

5.A.

Documents:

6.

http://mn-faribault.civicplus.com/105ec7d8-a7f2-475a-b5c1-76437f36406b

FARIBAULT PLANNING COMMISSION

AGENDA

Monday, June 4, 2018 City Hall, Council Chambers 7:00 PM

1. CALL TO ORDER

2. APPROVAL OF MINUTES

A. Minutes of May 21, 2018

3. PUBLIC HEARINGS

A. CUP 14-18 Maple Lawn Cemetery, Conditional Use Permit to construct a new storage

building in the R-2 Low Density Residential District at 1917 4th Street NW

B. IUD 15-18 Severson Trust, Interim Use Permit to construct an accessory dwelling in the

Transitional Urban Development (TUD) District at 2310 14th Street NE

4. ITEMS FOR DISCUSSION

A. ZTA 2-18 Accessory Structure Ordinance

7. ADJOURN

Please contact the City Planning Division (507.333.0387) if you need special

accommodations related to a disability to attend this meeting. The Public Hearings are broadcast live on FCTV.

2A


MINUTES

May 21, 2018

1. CALL TO ORDER

Chair Ackman called the meeting to order at 7:00 PM in the City Council Chambers.

Commissioners present: Chuck Ackman, Dave Albers, Mike Schendel, Tom Spooner, Ann Vohs,

and Steve White

Commissioners Absent: Dave Campbell

Staff present: City Planner David Wanberg, and Planning Coordinator Peter Waldock

2. APPROVAL OF MINUTES

Commissioner Albers made a motion to approve the Minutes of May 7, 2018, as presented.

Commissioner Spooner seconded the motion. Motion carried (5/0).

Commissioner Vohs arrived after the vote.

3. PUBLIC HEARINGS

A1. ZTA 18-2 Zoning amendment to update the code requirement for Accessory

Structures.

Waldock presented the report. The Commission discussed the current requirements at previous

meetings and decided the Ordinance needed updating with language revisions including details on

enforcement, wind/snow loads, clarification of tie-downs, not allowing temporary structures, and

defining the required applications for all stages of the Ordinance.

Permanent accessory structures:

Under 80 Sq. Ft. - no regulations, no certificate or permit required

80 - 200 Sq. Ft – requires zoning certificate and meet zoning setbacks

Over 200 Sq. Ft – requires a building permit and meet all zoning setbacks and compatibility

standards

The text amendment will clarify terms, and define when color and design standards are applicable.

Chair Ackman asked the Commission for questions. The major issues were on not allowing any

temporary structures (carports and temporary garages) for storage. If carports are allowed, they will

require paved parking surface/permanent foundation. Greenhouses also were discussed and how

they could end up being used for storage for eight months out of the year. The most commonly

seen greenhouses are the canopy (poly) with a tubular frame and should not be allowed. It was

agreed they need to be anchored and possibly limited to 120 Sq. Ft. in size. Commissioner White

wants greenhouses to come back for more in-depth discussion at a later date, and added to the

Ordinance by an addendum.

The Commissioners felt strongly about setbacks and wondered why structures under 80 Sq. Ft.

Faribault Planning Commission

Minutes 5/21/18

Page 2

didn’t need to have separation from the main structure like the others. Waldock explained that the

smaller structures put right next to the main house would be an extension of the house and would

need to meet the main structure setbacks like a new building. Carports and/or temporary garages is

another item the Commission, if allowed, wants stronger language on the way they are anchored-

such as straps/tie downs, but no cinder blocks.

Commissioner White wants greenhouses to be discussed in more depth at a later time, and added by

an addendum. Commissioner Spooner is glad they are working on the accessory structures but is

sure that nobody will know a “zoning certificate” is going to be needed for 80-120 Sq. Ft. sheds.

He also wants to have setbacks from all main structures.

With no further discussion, Chair Ackman opened the public hearing. With no comment, Ackman

closed the public hearing and called for a motion.

A motion was made by Commissioner Albers and seconded by Commissioner Schendel to approve

ZTA 18-2 as presented in Res. 2018-XXX, with instructions to Staff to come back with language on

greenhouses, in the future, to add to the Ordinance based on the discussion. Motion carried (5/1-

Spooner).

4. ADJOUN

A motion to adjourn was made by Commissioner Spooner and seconded by Commissioner Schendel

to adjourn. The meeting was adjourned at 7:33 p.m. Motion carried (6/0).

Respectfully Submitted,

Sandi Tidemann, Administrative Assistant II

MINUTES APPROVED:

______________________________

Chuck Ackman, Chair

Page 1 of 3

FARIBAULT PLANNING COMMISSION JUNE 4, 2018 PUBLIC HEARING

Case Number and Request: CUP 14-18 Maple Lawn Cemetery, Conditional Use Permit to construct a new storage building in the R-2 Low Density Residential District at 1917 4th Street NW

Applicant and Owner: Larry Luedke, President, Maple Lawn Cemetery Association, Applicant and Representative of the Property Owner

Staff Recommendation: Approval of the requested Conditional Use Permit to build a storage building in a Cemetery in the R-2 District.

Deadline for Council Action: June 27, 2018 unless extended by the City

From: Peter J. Waldock, AICP, Planning Coordinator

SUMMARY AND OVERVIEW OF THE REQUEST

The Maple Lawn Cemetery Association is seeking to build a 40’ X 30’ steel storage building for

equipment (with a cement floor) at the cemetery. The building will have heat but no plumbing.

The site plan calls for a gravel driveway. The building is to be built next to an existing rock faced

block building in the south central portion of the site. Cemeteries are a conditional use in the R-

2 District. Therefore a CUP amendment is needed for construction of new buildings on the site.

The Unified Development Ordinance (UDO) has design requirements for the building to be similar

to or compatible with the principal building on site. In this case the principal building is masonry

decorative block construction. The proposed storage building has a ribbed steel siding and a 3’

knee wall of darker color steel material.

The Planning Staff feels that the building as proposed does not meet the compatibility

requirement of the UDO (see section 6-180). The proposed building will be located in deep into

the site, but will be in the direct line of sight for visitors entering the main driveway which runs

straight toward this building site.

To address the UDO requirement for compatible facade design the Planning Staff recommends a

split faced block knee wall on all four sides of the building. The Building should be of matching or

similar color (tan) to the other buildings on the site.

The driveway must be paved to meet UDO requirements as well. No curbing is in place on site

and the City has approved site plans without curbs in certain situations for compatibility with the

balance of site. Staff feels that the CUP should not permit the existing driveways to be covered

in crushed rock as noted on the plan. The new driveway to the storage area will need to be paved

according to code, not gravel as requested.

3A.

Page 2 of 3

BACKGROUND

ZONING AND LAND USE

The subject property is zoned R-2 Low Density Residential District. The comprehensive plan guides the site for public – semipublic uses (which includes a cemetery). The proposed development is consistent with permitted uses listed for this district. The use is also consistent with the comprehensive plan.

Surrounding uses include single family residential uses to the east and west. A city park is located to the south and single family residential to the north of the cemetery.

Applicable Code Sections:

Chapter 2, Article 7, City of Faribault Code of Ordinances, Appendix B, Unified Development

Ordinance. Conditional Use Permits (Sections 2-260 – 2-340).

Chapter 10, Article 1, Faribault Unified Development Ordinance, General Provisions, Section 10-

130 principal uses for the residential districts, Table 10-1 principal uses in residential districts.

DEVELOPMENT REVIEW COMMITTEE

The Development Review Committee (DRC) discussed the proposal on May 8, 2018. The DRC concurred with the comments of the Planning Staff, and recommends approval of the request with the following comments and observations.

1. The DRC noted that the building will be located in a prominent location at this Historic Cemetery site, and the façade should include rock faced concrete blocks similar to the office building at the north end of the site and similar to the existing vault building that will next to the proposed location of this storage building.

2. The DRC felt that a 3 foot rock faced concrete block knee wall surrounding the building colored to match the other buildings on site was needed for compatibility and would provide a hard surface protecting the lower portion of the building against damage from lawn mowers and snow plowing.

3. The steel siding and roof materials should be of a tan color to match or for compatibility with other buildings on site.

4. Landscaping with evergreen trees should be provided along the north wall of the new building to soften the visual effect and screen the building wall from view of guests entering the cemetery.

5. Exterior lighting should be screened or directed down to avoid glare.

REQUIRED FINDINGS

Page 3 of 3

Section 2-300 of the UDO includes eleven required findings as a prerequisite for approval of conditional use permits. The draft resolution prepared by staff and provided with this report includes detailed findings specific to this application recommended by staff to address all of the required findings of the ordinance. No additional findings have been determined.

RECOMMENDED CONDITIONS FOR APPROVAL

Section 2-310 of the UDO authorizes the City Council to establish reasonable conditions of approval to mitigate adverse impacts associated with the conditional use, to protect neighboring properties, and to achieve the objectives identified in the UDO. The proposed conditions of approval for the proposed storage building at Maple Lawn Cemetery are as follows:

1. The storage building shall have a compatible or matching exterior color (tan) consistent with the office building and the vault building (adjoining to the south).

2. A three foot high knee wall of stone faced blocks on all four sides of the building, colored tan to match the other buildings on site shall be required.

3. Steel siding and roof materials above the knee wall shall be permitted of compatible or matching colors.

4. The access driveway to/from the building shall be paved.

5. Paved surfacing on cemetery drives shall be maintained (not to be covered or replaced with a gravel surface).

6. Curbs shall not be required in order to maintain consistency with the cemetery drives and other paved surfaces on site.

7. Evergreen trees, at least 6 feet in height at the time of planting shall be planted north of the building to screen the building wall from view of guests entering the cemetery on the main entrance drive from 4th Street NW.

RECOMMENDATION

Staff recommends approval of a conditional use permit as requested, subject to the findings and conditions listed in proposed resolution.

ATTACHMENTS

1. Draft Resolution 2. Aerials, Location and Zoning Maps 3. Applications 4. Plans and Drawings

[Space Reserved for Recording]

State of Minnesota

County of Rice

CITY OF FARIBAULT

DRAFT RESOLUTION 2018-118

APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT

A NEW STORAGE BUILDING IN MAPLE LAWN CEMETERY

AT 1917 4TH STREET NW

WHEREAS, Larry Luedke, President of Maple Lawn Cemetery Association (the “Applicant”) representing Maple Lawn Cemetery Association, property owner of the subject property have requested approval of a conditional use permit to

construct a new storage building for a Cemetery in the R-2 Low Density Residential District located at the site described in Exhibit A attached hereto,

with the street address 1917 4th Street NW; and WHEREAS, City staff has completed a review of the application and made a

report pertaining to said request (CUP 14-18), a copy of which has been presented to the City Council; and

WHEREAS, the Planning Commission, on the 4th day of June, 2018, following proper notice, held a public hearing regarding the request, and following said

public hearing recommended approval of the request; and

WHEREAS, the City Council, on the ______ day of June, 2018, at a public meeting considered the request; and

WHEREAS, following said public hearing, the Planning Commission recommended approval of the requested Conditional Use Permit based on the

following findings as required by Section 2-300 of the City of Faribault, Unified Development Ordinance as follows:

1. The conditional use will not be detrimental to or endanger the public

health, safety, comfort, convenience or general welfare.

The proposed permit addresses increasing demand for storage of Cemetery maintenance equipment indoors which will reduce visual clutter at the site and therefor improve health safety, comfort and general welfare of the

residents in the area.

Resolution 2018-118

Page 2 of 6

2. The conditional use will not be injurious to the use and enjoyment of

other property in the vicinity and will not impede the normal and orderly development and improvement of surrounding property for uses

permitted in the district.

The use will not be injurious to others, or limit the use and enjoyment of

other property in the area.

3. The conditional use will be designed, constructed, operated, and maintained in a manner that is compatible in appearance with the existing or intended character of the surrounding area.

The use is designed and constructed in a manner consistent with existing

buildings at the site and in the area.

4. The conditional use will not impose hazards or disturbing influences on

neighboring properties.

The use is separated from neighboring properties by a significant distance and therefor will not impose hazards or disturbance on neighboring

properties.

5. The conditional use will not substantially diminish the value of

neighboring properties.

The use will not diminish the value of neighboring property.

6. The site is served adequately by essential public facilities and services,

including utilities, access roads, drainage, police and fire protection, and schools or will be served adequately as a result of improvements

proposed as part of the conditional use.

The site is adequately served with public streets, private access drives, for

first responders in the event of an emergency and will not affect schools in any way.

7. Development and operation of the conditional use will not create

excessive additional requirements at public cost for facilities and

services and will not be detrimental to the economic welfare of the community.

The proposed storage building will not create any additional requirements for public facilities or services.

8. Adequate measures have been or will be taken to minimize traffic

congestion in the public streets and to provide for adequate on-site circulation of traffic.

Resolution 2018-118

Page 3 of 6

The new storage building will not generate traffic congestion and will not add traffic to the area as there are no new employees proposed with this

permit. Traffic circulation on site will not be affected by the storage building’s construction and use.

9. The conditional use will not result in the destruction, loss or damage of

a natural, scenic, or historic feature of major importance to the

community.

The Planning Commission finds that no natural or historic resources will be negatively affected by this use.

10. The conditional use is consistent with the applicable policies and recommendations of the city’s Land Use Plan or other adopted land use

studies.

The Planning Commission finds that this use is consistent with City’s Land

Use Plan.

11. The conditional use, in all other respects, conforms to the applicable regulations of the district in which it is located.

The Planning Commission finds that the use conforms to all applicable regulations of as required in the Unified Development Ordinance.

WHEREAS, the City Council concurs with all of the findings of the Planning

Commission as stated in the above recitals and hereby makes the identical findings.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY FARIBAULT, MINNESOTA AS FOLLOWS:

Section 1: Incorporation of Recitals and Exhibits. The recitals set forth in this Resolution and the Exhibits attached hereto are incorporated into and

made a part of this Resolution.

Section 2: Approval of the Conditional Use Permit. A conditional use permit to construct a 40 foot by 30 foot steel and concrete block storage

building (with a cement floor) for cemetery equipment and related materials storage at Maple Lawn Cemetery, 1917 4th Street NW as generally depicted on

the aerial map found in Exhibit B, is hereby approved based on the foregoing recitals, which are incorporated herein by reference, and constitute the findings of the City Council in accordance with Section 2-300 of the City of

Faribault, Unified Development Ordinance. Said approval is subject to the conditions as set forth in Section 3 of this resolution.

Section 3: Conditions of Approval. The conditional use permit shall be approved subject to conditions listed herein as authorized under Section 2-310 of City’s Unified Development Ordinance, all of which are necessary to mitigate

adverse impacts associated with the conditional use, to protect neighboring properties, and to achieve the objectives identified in the City's ordinances.

Resolution 2018-118

Page 4 of 6

The conditions of approval are as follows:

1. The storage building shall have a compatible or matching exterior color

(tan) consistent with the office building and the vault building (adjoining to the south).

2. A three foot high knee wall of stone faced blocks on all four sides of the building, colored tan to match the other buildings on site shall be required.

3. Steel siding and roof materials above the knee wall shall be permitted of compatible or matching colors.

4. The access driveway to/from the building shall be paved.

5. Paved surfacing on cemetery drives shall be maintained (not to be covered or replaced with a gravel surface).

6. Curbs shall not be required in order to maintain consistency with the cemetery drives and other paved surfaces on site.

7. Evergreen trees, at least 6 feet in height at the time of planting shall be planted north of the building to screen the building wall from view of guests entering the cemetery on the main entrance drive from 4th Street

NW.

Section 4: This resolution shall become effective immediately upon its

passage and without publication.

Date Adopted: June ____, 2018

Faribault City Council

______________________

Kevin F. Voracek, Mayor ATTEST:

________________________________

Timothy C. Murray, City Administrator

Resolution 2018-118

Page 5 of 6

Exhibit A

Legal Description

Resolution 2018-118

Page 6 of 6

Exhibit B

Not to Scale

New 30’X40’ Building

Maple Lawn Cemetery Conditional Use Permit Application

4TH ST SWCO

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Planning & Zoning DivisionJune 01, 2018

This map is updated periodically to reflect amendments and shouldbe used for general reference purposes. The map is current as of the date of the map. Specificinquiries should be directed to the Planning Division at (507) 334-0100

0 500250 Feet1 inch = 500 feet

Maple Lawn Cemetery CUP Application

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LegendFUTURE ROW; ROWRR ROWCOMM

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High Density ResidentialINDUSTRIALINDUSTRIAL PARK

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Parks, Trails and Open Space; PARKPUBLIC - SEMI PUBLICSCHOOLS

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Zoning Map

LegendC-1 Neighborhood CommercialC-2 Highway CommercialC-3 Community CommercialCBD Central Business District

I-1 Light IndustrialI-2 Heavy IndustrialI-P Industrial ParkO Open Space / Agricultural

R-1 Single Family ResidentialR-1A Single and Two Family ResidentialR-2 Low Density ResidentialR-3 Medium Density Residential

R-4 High Density ResidentialRM Residential Manufactured Home DistrictTUD Transitional Urban Development

Overlay Zoning DistrictsName

C-3PUD-C

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I-1

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Planning & Zoning DivisionMay 18, 2018




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Planning & Zoning DivisionMay 18, 2018




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RECEIVED

APR 2 7 2018 CityQf - -----+-- c, , ·~'r. ,_ ... Lau1t Fa ri ba u I Community Deveinpment

APPLICATION FOR REQUESTED ACTION Conditional Use Permit

Planning Case# C.uP I </-Lg Filing Fee ~ 50."" t-16

Hearing Date __

PHONE ______ (H) _ _______ (W) _ ______ (FAX)

::::::~/::~l~~-P-R___.OQ11-P-+E-R--TY~~o<-1-------------------EXISTI NG USE OF PROPERTY_C~""""-R-~,..._, t"A- ·'0E--,:t-+. --..tl-1-"--/.__ _ _ _______ _

PROPOSEDUSEOFPROPERTY_;:s--""<-_q~l/'('-tf"""-""<-~------------(lncluding number of units per acre and types of uses if mixed use)

IDENTIFY ALL ADJACENT LAND USES __ Q____.,....,,Q,,,....S,;-+-;' .... l ...... { ..... vl ...... t t---'-·l """"'C!..-+-i--------SIGNATURE OF APPLICANT DATE ---- ---..,.

SIGNATURE OF PROPERTY OWNER~"===? _ Jfvt DATE v ~ (Must submit proof of property control) ~ J

(If other than applicant) m;;{ IL I J) I rt' M q n (-t- L Cl w n G.~"() t,{ Q,r V r-JS ~ oc; '1110 #

PLEASE PROVIDE ALL INFORMATION REQUESTED ON TJ:is FORM AND THE ATTACHED CHECKLIST.

+ Site plan

CONDITIONAL USE PERMIT Required Submittals

o Drawn to scale, with scale noted o Date and North arrow o Boundaries and dimensions shown graphically o Location of any streets, public trails, railroads, or waterways o Present and proposed topography of the site and adjacent areas within 50 feet by

contour lines at an interval of not more than 5 feet, and by use of directional arrows, the proposed flow of storm water runoff from the site

o Location of existing and proposed structures (height and gross floor area noted), with distance from property lines noted

o Location and dimensions of existing and proposed off-street parking and loading spaces, curb cuts, aisles, and walkways, with distance from property lines noted

o Location, height, and material for screening walls and fences o Type of surfacing and base course proposed for all parking area, loading areas, and

walkways o Location of all existing and proposed water lines, hydrants, sanitary sewer lines and

storm drainage systems o Existing and proposed public streets or rights-of-way, easements, or other reservations

of land on the site o Location and method of screening of outdoor trash storage areas o Location and size of all proposed signage o Location and height of proposed lighting facilities o Elevation views of all proposed buildings or structures, with building materials and

proposed colors noted o Indicate the ultimate development of the site and proposed development phases when a

site is to be developed in stages o Landscaping plan

+ Required supplemental information

o Describe the project in detail (Include: Size of all structures existing and proposed and any modifications to existing, type of business and associated storage/display, type of clientele, hours of operation, number of employees, number of customer seats if food service related, handling of deliveries, unique site characteristics, proposed modifications to topography and/or drainage, development schedule, etc.)

o Written summary explaining how the proposed use is compatible with the neighborhood o Written summary explaining if and how the proposed development will impact traffic o Written statement as to why you feel the conditional use permit should be approved o Other information as required

+ Filing fee

SIGNATURE OF APPLICANT ___________ DATE ______ _

Planning case # ____ _

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MIDWEST MINI PRINT

FILE NUMBER: M570426

40------------------------..i

DIMENSIONS Material views. stl'et Vlews. ard floor p;an are not to sca!a

ERRORS ANO OMISSIONS MENARD INC Is unable !o accepl hab·lity for any errors or omissions 1n excess of !ho original purchase prtca tor thcS(I plans ConS8QU&rit1y builders mus! carelu!ly check all details and lnlomiauon in these drawings ineluding d1menSJon1ng. ma1er1al quant1Ms and availability Of !tie products specified Any errors or omi.ssions found .,..,oold ~ reported immedla~aly 10 M•dwest Manufacturing. 5311 Kane Road. Eau CUll•re. WI 54703

ADAPTATION AND UTILIZATION OF THIS PLAN These plans have been professionaty prepared to confonn to most generally accepted construction requirements 1hroughout North America. however due to local codes , regulation.$, and building practices and or because of specific site condilions. these drawings may not be suitable or legal for use in the construction of this building in all localities. Consequently. these drawings are not to be used as a guide for construction unless lhe builder has Ct'.infirmcd therr su1tab1h!y or until !he drawings have been broughl in10 conformity wrth all local requirements

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TRUSS

Department of Community & Economic Development

City Hall * 208 First Avenue N.W. * Faribault, Minnesota 55021-5105 * Phone (507) 334-0100 * Fax (507) 384-0507

NOTICE OF PUBLIC HEARING

Notice is hereby given that the Planning Commission of the City of Faribault will hold a public

hearing on Monday, June 4, 2018 at 7:00 p.m. in the Council Chambers on the first floor of City

Hall, 208 NW First Avenue, Faribault, MN. The purpose of the hearing is to receive testimony

and gather information from the public regarding the following application:

Application for a Conditional Use Permit to Construct a New Storage Building at Maple Lawn

Cemetery, in the R-2 Low Density Residential District at 1917 4th Street NW

All persons interested in this application are invited to comment in person at the meeting or in

writing. Additional information on the application is on file and available from the City’s Planning

Office.

Date of Publication: May 25, 2018

Peter Waldock, AICP

Planning Coordinator

[email protected]

(507) 333-0374

FARIBAULT PLANNING COMMISSION JUNE 4, 2018 PUBLIC HEARING

Case Number and Request: IUD 15-18 Severson Trust, Interim Use Permit to construct an accessory dwelling in the Transitional Urban Development (TUD) District at 2310 14th Street NE

Applicant and Owner: Brian Severson, Applicant. Maxine Severson Trust, Property Owner

Staff Recommendation: Approval of the requested Interim Use Permit to build an accessory dwelling in the TUD District at 2310 14th St NE.

Deadline for Council Action: June 27, 2018 unless extended by the City


SUMMARY AND OVERVIEW OF THE REQUEST

Brian Severson is seeking an interim use permit (IUP) to build a small accessory dwelling on his

mother’s farmstead located at 2310 14th Street NE. The proposed home is about 700 SF in area

(16’ X 44’). It will be sited north of the farmhouse in the rear yard area. The applicants are

proposing a five year permit that could be extended for five years upon request and with the

City’s approval. The house will custom built on site, and is designed to be moved from the premise

upon expiration of the IUP period. The applicants intend to move there to assist his mother with

up keep on the farm. This will allow the elderly owner to remain in her home longer and receive

the support and assistance from family members needed to care for her and the property.

Design Details:

Wood frame home to be custom built on site.

Foundation of piers to frost protected depth.

Accessory dwelling will be connected to house well system

Only gray water will be discharged to a gray water tank system

Composting toilet for black water

Heating/Cooling will be provided by a Ductless Mini-Split Heat Pump

Heating with wood fireplace, possibly gas fireplace

Electric sub panel from existing building

Structure will be removed from the site upon expiration of the permit

The site is on the north side of 14th Street NE west of the Meadows single family subdivision. The

farmstead is set back from the street about 950 feet. Zoning on the subject site is TUD

Transitional Urban Development. The 46 acre site is predominately used as farmland. The site

has some forested areas and a farmstead with a farmhouse, silo, several farm buildings and a

garage. There is no near term plan to further develop the property.

3B.

Page 2 of 3

Surrounding uses include R-1A, single family homes to the east, agricultural land also owned by

the Severson Family) to the north, nature conservancy land to the west and low density

residential R-2 and R-1 residential uses to the south of 14th Street NE.

Accessory dwellings are permitted in the surrounding residential districts with a conditional use

permit but not listed in the TUD district. TUD districts are general rural in nature low intensity

areas used as an interim zoning designation until an urban development opportunity occurs.

The IUP was recommended by Planning Staff in this case because an interim use is a use not

currently allowed by in the UDO, which may be allowed as a temporary use of property until an

established date, until the occurrence of a particular event, or until the zoning regulations no

longer allow it. This temporary use in the TUD District, at this site, would permit a use allowed

in adjoining districts with a conditional use permit (CUP).

The proposal will meet the conditions/criteria for detached accessory dwelling units in residential

districts as specified in Section 6-305 of the UDO (attached for reference).

BACKGROUND

ZONING AND LAND USE

The subject property is zoned TUD Transitional Urban Development District. The comprehensive plan guides the site for low density residential uses. The proposed development is consistent is consistent with the comprehensive plan.

Applicable Code Sections:

Chapter 2, Article 8, City of Faribault Code of Ordinances, Appendix B, Unified Development

Ordinance. Interim Uses (Sections 2-350 – 2-410).

DEVELOPMENT REVIEW COMMITTEE

The Development Review Committee (DRC) discussed the proposal on May 8, 2018. The DRC concurred with the comments of the Planning Staff, and recommends approval of the request with the following comments and observations.

1. The DRC found the proposal compatible with similar uses allowed with a CUP in adjoining districts.

2. The IUP is temporary for a defined period of time which is appropriate in the TUD District.

3. The DRC found the proposed five year term with a five year time extension if needed would be acceptable.

4. City Utilities are not accessible to the site for this use. Okay to use the private well and septicsystem in this case.

REQUIRED FINDINGS AND CONDITIONS

Section 2-400 of the UDO includes two required findings and four required conditions and guarantees as a prerequisite for approval of interim use permits. The draft resolution prepared by staff and provided with this report includes detailed findings and conditions specific to this

Page 3 of 3

application recommended by staff to address all of the required findings and conditions of the ordinance.

RECOMMENDED CONDITIONS FOR APPROVAL

Section 2-400 of the UDO authorizes the City Council to establish conditions guarantees for approval of the interim use, to protect the public interest and to ensure compliance with the standards of the UDO and policies of the Land Use Plan. The conditions of approval are as follows:

1. Except as otherwise authorized in Chapter 2, Article 8 of the Unified DevelopmentOrdinance, an interim use shall conform to the ordinance as if it were established as aconditional use.

2. The date that will terminate the interim use shall be June 30, 2023 unless extended bythe City Council. The property owner may receive a five year extension if requested (bythe owner) and if approved by the City Council.

3. In the event of a public taking of property after the interim use is established, theproperty owner shall not be entitled to compensation for any increase in valueattributable to the interim use.

4. Such conditions and guarantees as the City Council deems reasonable and necessary toprotect the public interest and to ensure compliance with the standards of UnifiedDevelopment Ordinance and policies of the Land Use Plan.

A. The Accessory Dwelling permitted in this case shall be permitted to connect to private well and septic systems.

B. The dwelling shall meet applicable building codes.

C. The structure permitted in this case, shall be promptly removed from the premise upon expiration of the term of this interim use permit.

RECOMMENDATION

Staff recommends approval of an interim use permit as requested, subject to the findings and conditions listed in proposed resolution.

ATTACHMENTS

1. Draft Resolution2. Aerials, Location and Zoning Maps3. Applications4. Plans and Drawings

City of Faribault Code of Ordinances, Appendix B Unified Development Regulations

Sec. 6-305. Detached accessory dwelling units.

Detached accessory dwelling units shall be permitted as a conditional use in the R-1A, R-2, and R-3 zoning districts, subject to the following requirements:

(a) The lot upon which the detached accessory dwelling is located shall meet the minimum per unit lot size requirements for the underlying zoning district as described in Table 10-2.

(b) The detached accessory dwelling unit shall have a minimum of three hundred (300) square feet of habitable floor area and a maximum of eight hundred sixty-four (864) square feet of habitable floor area. The maximum size of an accessory dwelling unit structure may, upon approval of a conditional use permit, be increased by up to twenty-five (25) percent if the additional square footage is for the purpose of providing a minimum of a single stall garage.

(c) The detached accessory dwelling unit shall be required to have its own separate kitchen and bathroom facilities.

(d) The detached accessory dwelling unit structure shall be counted as one of the two (2) accessory structures permitted on a residential lot as provided in Table 6-1.

(e) The detached accessory dwelling unit and property as a whole shall comply with all provisions governing residential accessory uses and structures as provided in Article 4, Chapter 6 of this ordinance.

(f) One of the residential units on a property with an accessory dwelling unit shall be owner occupied as defined in Chapter 1 of this ordinance.

(g) At no time shall the accessory dwelling unit be under separate ownership from the principal structure.

(h) The detached accessory dwelling unit shall have the same street address as the principal dwelling unit, and using alphabetical letters for each unit, starting with "A" as the designation for the principal dwelling unit.

(i) Off street parking shall be provided as required in section 8-200.

(j) Municipal water and sewer shall be connected to the detached accessory dwelling unit using the same service as the principal dwelling. Such water and sewer service shall not be a separate service from the main and shall not be metered separately.

(k) The detached accessory dwelling unit shall be registered with the city as follows:

(1) The property owner shall verify annually in a letter to the zoning administrator that one of the dwelling units on the property is owner occupied.

(2) The detached accessory dwelling unit shall be registered with the city's rental registration program. As required by the program, the registration shall be renewed and the detached accessory dwelling unit inspected on a biennial basis.

[Space Reserved for Recording]

State of Minnesota

County of Rice

CITY OF FARIBAULT

DRAFT RESOLUTION 2018-119

APPROVING AN INTERIM USE PERMIT TO CONSTRUCT AN

ACCESSORY DWELLING AT 2310 14TH STREET NE

WHEREAS, Brian Severson (the “Applicant”) representing Maxine Severson

Trust, property owner of the subject property have requested approval of an interim use permit to construct a 700 square foot detached accessory dwelling in the TUD Transitional Urban Development District located at the site

described in Exhibit A attached hereto, with the street address 2310 14th Street NE; and

WHEREAS, City staff has completed a review of the application and made a report pertaining to said request (CUP 15-18), a copy of which has been

presented to the City Council; and

WHEREAS, the Planning Commission, on the 4th day of June, 2018, following proper notice, held a public hearing regarding the request, and following said public hearing recommended approval of the request; and

WHEREAS, the City Council, on the ______ day of June, 2018, at a public

meeting considered the request; and

WHEREAS, following said public hearing, the Planning Commission

recommended approval of the requested Interim Use Permit based on the following findings as required by Section 2-400 of the City of Faribault, Unified

Development Ordinance as follows:

1. The proposed interim use will utilize property where it is not reasonableto utilize it in a manner provided for in the city's Land Use Plan.

The proposed detached accessory dwelling is not addressed in the City’s Land Use Plan, but the Planning Commission and City Council find that

the proposal is reasonable and will not be detrimental the others in the area.

Resolution 2018-118

Page 2 of 6

2. The proposed interim use is presently acceptable but, given anticipateddevelopment, will not be acceptable in the future.

The proposed interim use is located on a farmstead that will be fully redeveloped for suburban uses consistent with City Land Use Plan at

some point in the future. At that time all the current buildings will be removed or repurposed.

WHEREAS, the City Council concurs with all of the findings of the Planning

Commission as stated in the above recitals and hereby makes the identical findings.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY FARIBAULT, MINNESOTA AS FOLLOWS:

Section 1: Incorporation of Recitals and Exhibits. The recitals set forth in this Resolution and the Exhibits attached hereto are incorporated into and

made a part of this Resolution.

Section 2: Approval of the Interim Use Permit. A interim use permit a 700 square foot (16 foot by 44 foot) detached accessory dwelling in the TUD

Transitional Urban Development District located at 2310 14th Street NE as generally depicted on the aerial map found in Exhibit B and site plan found in

Exhibit C, is hereby approved based on the foregoing recitals, which are incorporated herein by reference, and constitute the findings of the City Council

in accordance with Section 2-400(A) of the City of Faribault, Unified Development Ordinance. Said approval is subject to the conditions as set forth in Section 3 and Section 4 of this resolution.

Section 3: Required Conditions of Approval. The interim use permit shall be approved subject to conditions as required in Section 2-400(B) of City’s

Unified Development Ordinance. The conditions of approval are as follows:

1. Except as otherwise authorized in Chapter 2, Article 8 of the UnifiedDevelopment Ordinance, this interim use shall conform to the

ordinance as if it were established as a conditional use.

2. The date that will terminate the interim use shall be June 30, 2023

unless extended by the City Council.

3. In the event of a public taking of property after the interim use isestablished, the property owner shall not be entitled to compensation

for any increase in value attributable to the interim use.

4. Such conditions and guarantees as the City Council deems reasonable

and necessary to protect the public interest and to ensure compliancewith the standards of Unified Development Ordinance and policies ofthe Land Use Plan.

Section 4: Additional Conditions of Approval. The interim use permit shall be approved subject to the following additional conditions of approval

necessary to protect the public interest and ensure compliance with the standards of specified by the Unified Development Ordinance and policies of the land use plan.

Resolution 2018-118

Page 3 of 6

A. The accessory dwelling permitted in this case shall be permitted to connect to private well and septic systems.

B. The accessory dwelling shall meet applicable building codes.

C. The property owner may receive a five year extension if requested and

if approved by the City Council.

D. The structure permitted in this case, shall be promptly removed from the premise upon expiration of the term of this interim use permit.

Section 5: This resolution shall become effective immediately upon its passage and without publication.

Date Adopted: June ____, 2018

Faribault City Council

______________________ Kevin F. Voracek, Mayor

ATTEST:

________________________________ Timothy C. Murray, City Administrator

Resolution 2018-118

Page 4 of 6

Exhibit A

Legal Description

Resolution 2018-118

Page 5 of 6

Exhibit B

Not to Scale

Resolution 2018-118

Page 6 of 6

Exhibit C

2310 14th Street NE

I-1O

R-1

R-4

R-2I-2

R-1I-1

R-1AR-2 R-3

TUD

TUD

O

1ST AV

E NE

14TH ST NW

PEARL DR

FOXTAIL LN

AMES CT

11TH A

VE NE

1ST AV

E NW

CENT

RAL A

VE

LITTLEFORD LN

GOLDENRAY DR

FARIB

AULT

BLVD

WHIPPLE WAY

AMES TRL

LEGACY DR

MATTESON ST

SHUMWAY AVE

14TH ST NE

TwoRivers Park



0 1,000500 Feet1 inch = 1,000 feet

Severson Interim Use Permit Request

Docu

ment

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Zoning Map

LegendC-1 Neighborhood CommercialC-2 Highway CommercialC-3 Community CommercialCBD Central Business District

I-1 Light IndustrialI-2 Heavy IndustrialI-P Industrial ParkO Open Space / Agricultural

R-1 Single Family ResidentialR-1A Single and Two Family ResidentialR-2 Low Density ResidentialR-3 Medium Density Residential

R-4 High Density ResidentialRM Residential Manufactured Home DistrictTUD Transitional Urban Development

Overlay Zoning DistrictsName

C-3PUD-C

PUD-MPUD-RPUD-SCityLimits

2310 14th Street NE

1ST AV

E NE

14TH ST NW

PEARL DR

FOXTAIL LN

AMES CT

11TH A

VE NE

1ST AV

E NW

CENT

RAL A

VE

LITTLEFORD LN

GOLDENRAY DR

FARIB

AULT

BLVD

WHIPPLE WAY

AMES TRL

LEGA

CY DR

MATTESON ST

SHUMWAY AVE

14TH ST NE

TwoRivers Park



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Comprehensive Plan Map

LegendFUTURE ROW; ROWRR ROWCOMM

RIVERCOMM DOWNTOWNCOMM HWY

High Density ResidentialINDUSTRIALINDUSTRIAL PARK

Low Density ResidentialMedium Density ResidentialMixed Use

Parks, Trails and Open Space; PARKPUBLIC - SEMI PUBLICSCHOOLS

URBAN RESERVECityLimits

SHUMWAY AVE

GOLDENRAY DR

FOXTAIL LN

LEGA

CY DR14TH ST NE

Cannon River

Union P

acific

Railroa

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Union

Pacifi

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Proposed Accessory Dwelling

2310 14th St NE

RECEIVED

c· APR 27 2018

F~~ib __,.i,_· ~:~~~~~~~tment /»-t-i ~if)~0 Hf\

'------ D ' 0 ttY ~o~"'~ I ~.:;;:;~~

APPLICATION FOR REQUESTED ACTION ;)-~J {.p Interim Uses -r

Planning Case # I IA/> - 15 -18'

SITE ADDRESS J 3 (0 tJt, I '1 ~ 5f

Filing Fee d SO f- l/6?:::, zq ~ Hearing Date (p- l/-/'1,

APPLICANT 8r ~<.'.\..V 5eue.{-"X?H.) E-MAIL be ~(..(,tV cJ, ')evevso~v@<,m~,I ~.c-ou-, PHONE Cf5J ,J 1J.fR.3J</> (H) _______ (W) (FAX)

APPLICANT'S ADDRESS 1211!? 171$ c+ J Ue i/'11le ' M1J :5,54?4':1

PROPERTY OWNER (if other than the applicant) (() 6:-¥{;..:,e Sevevso y\...)

OWNER'S ADDRESS J3 ID IJ? / 'f/J:J St , Fq..v.:bC\J..J J f . lflt) ,55df<, I I }

PHONE 33:1- ]O~fo (H) (W)$(J I. 330. 330;?, (C)

Legal Description G e.ye_ Se..uec._'5CM.) £a.W\: j 7/vs 1--Current Zoning_1":..........:. ............ ___________________ _

Existing Use of Property A @:s.c; C,l} 'f v v- e Proposed Use of Property A de) t 1-la (>. ) c£ Ji<:.esSu~ lfJwe.I ( ,'./l{j urU I t Identify All Adjacent Land Uses 5 ;"e, le Fci.vh,lJ Re6;de,, '{;4J1 (?ol+Cou;·~ J JlJ~-Lre.. Summary of the Proposed Use ~ s.i-kc.k cover: 5 h,ee_., i- · Cou.:;e.rve"'cd-

Date or Event that will terminate use ___ ______ _______ _

REQUIRED SUBMITTALS: o Site plan o Other information requested by the City Planner

SIGNATURE OF APPLIC~N~~----D_A_TE SIGNATURE OF OWNER~.~~ (if other than the applicant)-~

DATE

#-+)16 -(-~ 7 ~/r

Updated: ./ :?J 18

Interim Uses Application

Summary of the Proposed Use

I am applying to build an Accessory Dwelling Unit (ADU) for a five year interim period with the option of renewing for another five years after. The ADU will be a 16x44 foot (704 sq/ft) building sitting on a pier and beam foundation that will house two persons. The building is designed to be transported to another location once interim period has expired .

Site Plan

16x44 Accessory Dwelling Unit

Parking

?Oft to agriculture field

80ft to property line

?Oft to closest building

Maxine Severson Trust

Legend

C-1 Neighborhood Commercial

C-2 Highway Commercial

C-3 Community Commercial

CBD Central Business District

1-1 Light Industrial

.. 1-2 Heavy Industrial

1-P Industrial Park

0 Open Space I Agricultural

2310 14th Street NE

R-1 Single Family Residential

R-1A Single and Two Family Residential

R-2 Low Density Residential

R-3 Medium Density Residential

. Cityat Faribault

1 inch = 450 feet

Planning & Zoning Division April 23, 2018

0 225 450 Feet I

R-4 High Density Residential

RM Residential Manufactured Home District

TUD Transitional Urban Development

s

This map is updated periodically to reflect amendmentsand should be used for general reference purposes. The map is current as of the date of the map. Specific inquiries should be directed to the Planning Division at (507) 334-0100

Maxine Severson Trust

Legend

2310 14th Street NE I

C:J FUTURE ROW; ROW C:J COMM DOWNTOWN C=:J INDUSTRIAL PARK .. Parks, Trails and Open Space; PARK

RR ROW .. COMM HWY low Density Residential .. PUBLIC - SEMI PUBLIC

CJ COM M .. High Density Residential Medium Density Residential SCHOOLS

c:J RIVER - INDUSTRIAL - Mixed Use l -:. URBAN RESERVE

Cityor---Faribault

Planning & Zoning Division Apri l 23, 2018

1 inch = 450 feet

0 225 450 Feet

s

This map is updated periodically to reflect amendmentsand should be used for general reference purposes. The map is current as of the date of the map. Specific inquiries should be directed to the Planning Division at (507) 334-0100

Department of Community & Economic Development

City Hall * 208 First Avenue N.W. * Faribault, Minnesota 55021-5105 * Phone (507) 334-0100 * Fax (507) 384-0507

NOTICE OF PUBLIC HEARING

Notice is hereby given that the Planning Commission of the City of Faribault will hold a public

hearing on Monday, June 4, 2018 at 7:00 p.m. in the Council Chambers on the first floor of City

Hall, 208 NW First Avenue, Faribault, MN. The purpose of the hearing is to receive testimony

and gather information from the public regarding the following application:

Application for an Interim Use Permit to Construct an Accessory Dwelling in the TUD

Transitional Urban Development District at 2310 14th Street NE

All persons interested in this application are invited to comment in person at the meeting or in

writing. Additional information on the application is on file and available from the City’s Planning

Office.

Date of Publication: May 25, 2018

Peter Waldock, AICP

Planning Coordinator

[email protected]

(507) 333-0374

Page 1 of 2

FARIBAULT PLANNING COMMISSION JUNE 4, 2018 – DISCUSSION CONTINUED FROM MAY 21, 2018

Case Numbers and Requests: ZTA 2-18. Zoning Amendment to update the code requirements for Accessory Structures

Applicant: City of Faribault, Planning Commission

Request: Zoning Text Amendment to the Unified Development Code Section 6-180 regarding Residential Accessory Buildings

Location: City Wide

Deadline for Council Action: Not Applicable

Staff Recommendation: Approve proposed ordinance to amend the Unified Development Code requirements for Accessory Structures.


DISCUSSION

At its meeting of May 21, 2018 the Planning Commission voted to approve ZTA 2-18 (Ordinance 2018-3)

as presented. The commissioners were interested in discussing green houses as accessory structures in

residential districts. The commissioners asked that this matter be discussed further at its June 4th

meeting.

Green houses are allowed by the new ordinance under 200 Sq. Ft. in area with the same regulations as all

other accessory structures as to size, setbacks, anchoring, building separation, etc. Over 200 Sq. Ft. they

will be subject to the design requirements for compatibility and building code requirements for structures.

The majority of green houses in residential properties will be under 200 St. Ft. in area and will

therefore be allow by the ordinance as approved. Over 200 Sq. Ft. the building code will be

triggered as will the design requirements, so an exception in the ordinance would need to be

written into the ordinance for green houses in this size range. See the underlined additional

language below.

(1) Accessory structures of 200 square feet or more in area shall be subject to Building Permit approval and a Zoning Certificate shall be required prior to installation on site. Enclosed accessory structures such as sheds and garages, of 200 square feet or greater (accessory buildings), shall have the same or similar exterior finish and building materials as those of the principal building. Accessory buildings shall be compatible with the principal building on the lot.

(a) “Compatible” for the purpose of this section shall mean that the exterior appearance of the accessory building is not at variance with that of the principal building from an aesthetic and architectural standpoint as to cause a degree of incongruity or a nuisance. The exterior colors of the roofing and siding materials shall match or compliment that of the principal structure.

(b) Green house exemption. Green houses that are accessory to a single family residence, shall be exempt from the requirements for similar exterior finish and building materials as those

4A.

Page 2 of 2

used in the principal building and need not be compatible as to the exterior appearance as defined in sub paragraph (a) of this section.

REQUESTED ACTION

The Planning Commission is asked to discuss this added language and provide staff with direction as whether this language should be added to the recommended ordinance that will be forwarded to the City Council for consideration.

Attachment:

Ordinance 2018-3 as approved by the Planning Commission May 21, 2018


WORK SESSION

June 4, 2018 City Council Chambers follows regular meeting

1. CALL TO ORDER

2. ITEMS FOR DISCUSSION

A. None

3. ROUTINE BUSINESS

A. Next City Council Meeting – June 12, 2018

B. EDA Update

C. Verbal Updates

D. Next PC Meeting – June 18, 2018

-None

4. ADJOURN