Planning Commission

Meeting Location: Farmington City Hall 430 Third Street Farmington, MN 55024 PLANNING COMMISSION Tuesday, August 12, 2025 7:00 PM Page 1. CALL TO ORDER 2. APPROVAL OF MINUTES 2.1. Approve Planning Commission Minutes 2-6 Approve the minutes from the July 8, 2025 regular meeting. Agenda Item: Approve Planning Commission Minutes - Pdf 3. PUBLIC HEARINGS 3.1. Ordinance 2025-006 - Beekeeping 7 - 14 Recommend the City Council approve and adopt Ordinance 2025-006. Agenda Item: Ordinance 2025-006 - Beekeeping - Pdf 4. DISCUSSION 5. ADJOURN Page 1 of 14  PLANNING COMMISSION AGENDA MEMO To: Planning Commission From: Tony Wippler, Planning Manager Department: Planning Commission Subject: Approve Planning Commission Minutes Meeting: Planning Commission - Aug 12 2025 INTRODUCTION: Attached, are the minutes from the July 8, 2025 regular meeting. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve the minutes from the July 8, 2025 regular meeting. ATTACHMENTS: July 8th Planning Commission Minutes Page 2 of 14  CITY OF FARMINGTON PLANNING COMMISSION MINUTES REGULAR MEETING JULY 8TH, 2025 1. CALL TO ORDER The meeting was called to order by Chair Rotty at 7:00pm Members Present: Rotty, Snobeck, Baerg, Tesky, Windschitl Members Absent: None Staff Present: Tony Wippler, Planning Manager Jared Johnson, Planning Coordinator Nate Siem, Chief of Police 2. APPROVAL OF MINUTES MOTION by Baerg, second by Snobeck to approve minutes of Planning Commission for June 10th, 2025, regular meeting. APIF MOTION CARRIED 3. PUBLIC HEARINGS 3.1 Conditional Use Permit (CUP) to construct a Community Solar Garden on PID:14-03400-87-010. Planning Coordinator Johnson presented the request from Dimension Energy (tenant) for a 4.95-megawatt community solar garden at PID 14-03400-87-010 property owned by Brian Murphy (landlord). • Zoned A-1 (Agriculture), solar gardens are a conditional use. • Guided for Agriculture in the 2040 comp plan. • Existing use is farmland. • Farmland to north & south, single-family residence to east, vacant industrial land (Lakeville) to west. • Project is for clean renewable energy. • Supplement Xcel Energy’s increasing requirements for utility companies to obtain electricity from renewable sources. SITE PLAN: • 4.95 mega-watt community solar garden on 30-acre parcel. Project area to encompass 18.54 acres. • Access to site from private driveway easement off Flagstaff Ave that serves property and adjacent residence. • Two areas of panels due to property constraints – wetlands, gas pipeline easement, Xcel service territory, and future extension of County Rd. 70 • Panels meet all applicable setbacks in A-1 district. • 7ft tall, electric fence to enclose project area. Page 3 of 14 OTHER NOTES: • Panels not to be taller than 12ft. • Access road must be paved. • Future County Rd. 70 must be platted to dedicate this future ROW. • Ground beneath panels to be reseeded with low growth grasses. Tree replacement plan needed to replace 54 trees being removed. • Decommissioning plan to be in place to ensure panels are removed and site is restored once solar garden reaches end of life (20-30 years). • Meets all CUP requirements. Daniel Solorzano from Dimension Energy and Alex Fernow from Edmunds and Oliver Resources shared some company and project information and were available for questions. Commissioner Tesky confirmed the property is leased not purchased. The applicant confirmed it is leased and that the power goes to Xcel grid not to local community. Commissioner Windschitl asked about the setbacks from wetlands. It is between a minimum of 16 1/2ft. and 25ft. Commissioner Snobeck asked how discount rates will work, Mr. Solorzano explained the discount is through Xcel, individuals must sign up for the subscription. This is not a city discount. Commissioner Baerg asked about the paved driveway. Planning Coordinator Johnson explained the driveway will remain gravel on Flagstaff. He then asked if there are any other projects in Minnesota. Mr. Solorzano said this will be one of their first projects. Chair Rotty asked if they don’t receive any grant funds, will they do the project? Mr. Solorzano said if they do not get the federal grant they will use the State of Minnesota grant. Chair Rotty then asked about County. Rd. 70 timeline, Planning Coordinator Johnson responded “it will likely be a long time” before that roadway is constructed through Farmington. Nathan Dull 18000 block of English Ave. – represents Minnesota Land and Liberty coalition. He stated that there will be some tax revenue from this project. (20%). Page 4 of 14 Leslie Ningkirk 19371 Canary Path – had question about lease length depending on passing of current landowner. Mr. Solorzano explained there will most likely be a continuation to the lease (most likely pass on to an heir). MOTION by Windschitl, second by Tesky to close public hearing. APIF MOTION CARRIED. MOTION by Windschitl, second by Baerg to approve conditional use permit (CUP) to construct 4.95-megawatt Community Solar Garden upon satisfaction of 8 conditions. 3.2 Variance request - Maximum height requirement for fences -City of Farmington. Planning Manager Wippler presented a request for variance from maximum height allowed for fences to construct 8’ ft in height at 19500 Municipal Drive (Farmington Police Station). • Zoned R-1, Low Density Residential. • 2040 Comprehensive Plan: Public/Semi Public • Existing Land Use: Northern Municipal Campus-Farmington Police Station • Received $869,000 Byrne Discretionary Community Project Grant for installation of security fence around Police Station. • 8ft tall decorative metal fence with brick columns between each section. • Brick to match color/material of existing police station building • 10-6-12(D) requires variance to be approved for fence over 6ft up to 8ft in residential area. • Fence to enclose police station, parking lot and open space to east and west. • Setback 20ft from right-of-way of 195th St. W and Pilot Knob Rd. • Setback 40ft from right-of-way of English Ave. • Encroachment agreement is needed for 100ft wide Northern Natural Gas pipeline on west side of site. • 10-6-12(F) requires building permit be approved for fences over 6ft tall. Leslie Ningkirk 19371 Canary Path – Asked if fence will be opened during business hours for community members. Chief Siem stated the main gate will be open unless there is an emergency. Commissioner Baerg asked if it allows for future expansion. Chief Siem stated it will fit with any future expansion plans. Page 5 of 14  Commissioner Tesky asked if community programs/engagements held onsite will be impacted. Chief Siem said until the future expansion there should be no impact. Chair Rotty asked about the fence adjacent to the walking path. Planning Manager Wippler stated it will be about 30-35ft from the path. MOTION by Windschitl, second by Tesky to close public hearing. APIF MOTION CARRIED. MOTION by Windschitl, second by Snobeck to approve variance request for fence height of 8 feet at 19500 Municipal Dr. APIF MOTION CARRIED. 4. DISCUSSION None 5. ADJOURN MOTION by Teksy, second by Baerg to adjourn the meeting at 7:50pm. APIF MOTION CARRIED. Respectfully submitted, Tony Wippler Tony Wippler, Planning Manager Page 6 of 14  PLANNING COMMISSION AGENDA MEMO To: Planning Commission From: Jared Johnson, Planning Coordinator Department: Community Development Subject: Ordinance 2025-006 - Beekeeping Meeting: Planning Commission - Aug 12 2025 INTRODUCTION: On August 14, 2024, an initial discussion was held with the Planning Commission regarding a potential beekeeping ordinance for residential lots smaller than 2.5 acres. This discussion was prompted by a request from a resident who wishes to be a beekeeper on their property. Staff have also received occasional inquiries from other residents expressing similar interest. Under the current City Code, beekeeping is prohibited on residential lots smaller than 2.5 acres, and therefore, a code amendment is required to permit such activity. The Planning Commission expressed interest in an ordinance amendment and has held multiple discussions since the initial meeting in August 2024. Draft ordinance language was discussed at the April 8, 2025, and June 10, 2025, Planning Commission meetings. After receiving feedback from the Planning Commision, the public hearing for the ordinance was scheduled and noticed for the August 12, 2025, Planning Commission meeting. DISCUSSION: The following is a detailed overview of what is included in the beekeeping ordinance:  Definitions section  An administrative permit must be applied for and be approved by staff. An approved permit is valid for one year and must be renewed annually. The initial permit fee will be $100 with the renewal fee being $40. Adjacent property owners will be notified of an approved permit.  Detailed site plan must be submitted with the application  Applicants must submit proof of competition of a beekeeping basics course or three or more years of beekeeping experience.  Hives are only allowed in rear yard  Number of hives allowed is determined by lot size  Setbacks - 20 feet from lot lines, 30 feet from adjacent decks, patios, swimming pools, or other outdoor living space. If an adjacent property is a stormwater pond/wetland area, the setback shall be reduced to 5 feet from the property line.  A flyway barrier is required if hives are kept within 25 feet of a lot line or 35 feet from adjacent decks, patios, swimming pools, or other outdoor living space. The barrier either Page 7 of 14  must run parallel to the lot line for at least 10 feet in both directions in front of the hive entrance or a flyway barrier may be placed to surround the hive on three sides.  Inspections will be required upon issuance of the permit and each time a renewal permit is received.  Hives shall be kept in good condition and colonies shall be continuously managed to prevent swarming.  Termination - Permits will be terminated if: expired and no renewal permit was received, violation of the ordinance or permit is occurring, failure to allow an inspection, transfer of ownership of the property, or if a public nuisance is occurring. Hives that aren't removed after a permit is terminated will be deemed a public nuisance and may be abated by the city. Hives will need to be removed within 5 days of notice, but an alternative timeframe may be approved, if necessary, by the Planning Department. BUDGET IMPACT: Not applicable ACTION REQUESTED: Recommend the City Council approve and adopt Ordinance 2025-006. ATTACHMENTS: 2025-006 Beekeeping Ordinance Page 8 of 14  CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE 2025-006 AN ORDINANCE AMENDING TITLES 6 AND 10 OF THE FARMINGTON CITY CODE AS IT RELATES TO THE KEEPING OF HONEY BEES AND THE ABATEMENT OF NUISANCES; AND AMENDING TITLE 8, CHAPTER 12, FEES AND CHARGES SCHEDULE The City Council of the City of Farmington ordains: SECTION 1. Tile 6, Chapter 4, Section 2(C) of the Farmington City Code is amended as follows (deleted text is stricken and added text is underlined): 6-4-2: KEEPING ANIMALS WITHIN THE CITY: (C) Farm Animals: Except as provided in this subsection, The the keeping of farm animals, with the exception of chickens on urban residential lots which are regulated under section 10-6-29 of this code, is a permitted accessory use in all zoning districts provided: 1. The minimum lot size is two and one-half (2 ½) acres. 2. Farm animals may not be confined in a pen, feedlot or building within one hundred feet (100') of any residential dwelling not owned or leased by the keeper of the animals, unless: (a) The animals were kept prior to the adoption of this section, or (b) The animals were kept after the adoption of this section but prior to the existence of a residence within one hundred feet (100’). 3. The provisions of Subsections (C)1. and (C)2. do not apply to the keeping of honey bees on urban residential lots which are regulated under section 10-6-31 of this code, and do not apply to the keeping of chickens on urban residential lots which are regulated under section 10-6-29 of this code. SECTION 2. Title 6, Chapter 6, Section 2 of the Farmington City Code is amended as follows (deleted text is stricken and added text is underlined): 6-6-2: ABATEMENT: When any dwelling or any building, structure, excavation, business pursuit, matter or thing in or about a dwelling, or the lot on which it is situated, or the plumbing, sewerage, drainage, light or ventilation thereof, is in the opinion of the board of health Director of Community Development, in a condition or in effect dangerous or detrimental to life or health (as set forth in section 6-6-1 of this section), the board of health Director of Community Development may declare that the same, to the extent that it may specify, is a public nuisance, and shall order the same to be removed, abated, suspended, altered or otherwise improved or purified as the order shall specify. The board of health Director of Community Development may also order or cause any dwelling Page 9 of 14 Ordinance 2025-006 Page 2 of 6 or excavation, building, structure, sewer, plumbing pipe, passage, premises, ground, matter or thing in or about a dwelling, or the lot on which it is situated, to be purified, cleansed, disinfected, removed, altered, repaired, or improved. If any order of the board of health Director of Community Development issued under authority of the provisions hereof is not complied with, or so far complied with as may be regarded as reasonable, within fifteen (15) days after the service of said notice, or within such shorter time as may be designated, then such order may be executed by the board of health, through its officers, agents, employees or contractors Director of Community Development or the Director’s designee(s), and the cost thereof may be assessed against said property as provided by law an unpaid special charge pursuant to Minnesota Statutes § 429.101. Any beehive that is kept pursuant to Section 10-6-31 of this code for which a permit has been terminated shall be removed by the beekeeper, as defined by Section 10-6-31 of this code, within five (5) days of the permit termination or a timeframe otherwise approved by the Planning Department. Any beehive that is not removed by the beekeeper within five (5) days shall be deemed a public nuisance as a safety hazard. The city shall remove the beehive on the order of the Director of Community Development, and shall charge the beekeeper for the costs of abatement. Any unpaid abatement cost may be assessed as an unpaid special charge pursuant to Minnesota Statutes § 429.101. SECTION 3. Title 10, Chapter 6, Section 32 is hereby added as follows into the Farmington City Code: 10-6-32: KEEPING OF HONEY BEES ON URBAN RESIDENTIAL LOTS (A) Definitions: The following definitions shall apply for this section: APIARY: The assembly of one or more colonies of honey bees on a single lot. APAIRY LOT: the lot upon which an apiary is located. BEEKEEPER: a person who either owns one (1) more colony of honey bees and/or owns the property on which a honey bee colony is located. BEEKEEPING EQUIPMENT: anything used in the operation of an apiary, including but not limited to hive bodies, brood boxes, supers, hive frames, top and bottom boards, platforms, beekeeping tools or supplies, and extractors. COLONY: an aggregate of honey bees, consisting generally of one queen bee, worker bees, drone bees, or any combination thereof, and at times including brood, comb, pollen and honey. HIVE: the receptable intended for the habitation of a colony, which may be a “top bar” hive or a traditional multistoried 8-10 frame hive that has one or more brood boxes, plus any honey supers as may be added. Page 10 of 14 Ordinance 2025-006 Page 3 of 6 HONEY BEE: all life stages of the common domestic honey bees, apis mellifera species. NUCLEUS HIVE: a hive receptacle or hive body that is nine and five-eighths inches deep, and holds three to five frames and a small quantity of honey bees, which may include a queen, for particular beekeeping purposes, such as starting a new colony, introducing of a new queen to an existing colony, or rearing a new queen. SWARMING: the process where a queen bee leaves a colony with a large group of worker bees. (B) Administrative Permit Required: An administrative permit shall be required for the keeping of honey bees 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 district. The keeping of honey bees on lots two and one-half (2 ½) acres and larger are regulated under section 6-4-2 of this code. An administrative permit application must be submitted to the Planning Department with a fee, as established by the City Council. Upon receipt of the administrative permit application, all adjacent property owners will be notified of the application. Supporting information/documents to be submitted to the Planning Department with an administrative permit application are: 1. Number of colony hives to be kept on the premises. The beekeeper must live on the property where the colony hives are kept. 2. Detailed site plan of the lot on which the colony hives are to be kept. The site plan shall show the lot dimensions, location of the colony hives, setbacks of the colony hives to property lines, setbacks of the colony hives from dwelling units, decks, patios, swimming pools, or other outdoor living spaces on adjacent properties, and the location, length, and materials of proposed flyway barriers. 3. Proof of completion of a beekeeping basics course through the University of Minnesota Bee Lab or a local beekeeper club/association within 12 months of the date of the application or proof of three or more consecutive years of actual beekeeping experience, established by substantiated evidence thereof, within five years immediately preceding the date of application. The Planning Department shall have the final determination if the education requirements are met or if additional evidence or education is needed. 4. Any other information the Planning Department deems necessary to evaluate the application for compliance with the requirements of this section. (C) Duration of Permit: An approved permit shall be valid for 1 year and must be renewed every year from its date of issuance. (D) Performance Standards: 1. The number of colony hives permitted on a lot is determined as follows: (a) Less than 0.5 acres: 2 colonies (b) 0.5 acres to less than 2.5 acres: 4 colonies (c) Larger than 2.5 acres: no restriction 2. Colony hives are only allowed in the rear yard 3. Colony hives shall observe the following setbacks: (a) 20 feet from any lot line or 5 feet if the lot line abuts a stormwater pond/wetland Page 11 of 14 Ordinance 2025-006 Page 4 of 6 area with no adjacent trails. (b) 30 feet from decks, patios, swimming pools, or other outdoor living spaces on adjacent properties 4. If a colony hive is kept within 25 feet of a lot line of the apiary site or within 35 feet of a dwelling unit, deck, patio, swimming pool, or other living space on an adjacent lot, a flyway barrier of at least six feet in height shall be required in accordance with the following requirements: (a) The flyway barrier shall either be a stone wall, solid fence, dense vegetation or combination thereof, in order that honey bees must fly over, rather than through, the material to reach the colony. The flyway barrier shall be constructed of high quality, durable materials and follow any other applicable City Code provisions herein. (b) If a flyway barrier is proposed to be dense vegetation, the initial planting may be four feet in height, so long as the vegetation reaches six feet in height or higher within two years of planting. The vegetation shall provide dense screening from six inches from grade to the top of the vegetation year-round. (c) The flyway barrier shall either continuously run parallel to the apiary site’s lot line for a distance of ten (10) feet in both directions in front of each hive entrance side or the flyway barrier shall surround three sides of the hive including the entrance and both sides of the hive to force the colony to go up and out of the hive rather than go straight, left, or right. 5. Colonies shall be kept in hives with removable frames and kept in good condition. 6. Each hive shall be continuously managed to provide adequate and healthy living spaces to prevent swarming. 7. All beekeeping equipment shall be kept in good condition and unused equipment shall be stored indoors. 8. Each colony shall be provided with a source of clean water. 9. For each colony allowed, there may also be one nucleus colony in a hive structure not to exceed one standard 9-5/8 inch depth ten (10) -frame hive body with no supers. 10. If a colony exhibits frequent aggressive behavior, the beekeeper shall take immediate action to address and correct it, including replacing the queen, if necessary. 11. Fruit trees and other flowering trees may not be sprayed while in full bloom with any substance harmful to honey bees. (E) Inspection: Upon issuance of the permit and full set up of the first hive, the permit holder shall permit the city to inspect the apiary lot. The apiary lot shall be inspected each time a renewal permit is received. The apiary lot may be inspected at any reasonable time to ensure compliance with this ordinance. (F) Termination: 1. An approved permit shall be terminated and the colony hives shall be removed from the apiary lot if any of the following occurs: (a) The permit expires without a renewal application being received. (b) The city finds a violation of the approved permit or this ordinance. (c) Failure to allow the city to inspect the apiary lot. (d) The keeping of honey bees in an unlawful manner so as to constitute a public nuisance or to otherwise adversely affect the health, safety or general welfare of the public. Page 12 of 14 Ordinance 2025-006 Page 5 of 6 (e) A transfer of ownership of the property. 2. Any hive not removed after a permit has been terminated shall be deemed a public nuisance and may be abated pursuant to Section 6-6-2 of this code. SECTION 4. FEE SCHEDULE. Beekeeping Permit Fees are hereby added to the 2025 Fee Schedule as follows: Permits - Special 2025 Amount Beekeeping Permit Initial Permit $100 Renewal Permit $40 SECTION 5. SUMMARY PUBLICATION. CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA SUMMARY PUBLICATION ORDINANCE 2025-006 AN ORDINANCE AMENDING TITLES 6 AND 10 OF THE FARMINGTON CITY CODE AS IT RELATES TO THE KEEPING OF HONEY BEES AND THE ABATEMENT OF NUISANCES; AND AMENDING TITLE 8, CHAPTER 12, FEES AND CHARGES SCHEDULE During their August 18, 2025 meeting, the City Council of the City of Farmington passed Ordinance 2025-006. Pursuant to Minnesota Statues Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available for inspection and without cost by any person at the office of the City Clerk, the summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: This ordinance includes the following related to Titles 6, 8, and 10 of the Farmington City Code: • Establishes a permit that would allow for beekeeping on urban residential lots. • Establishes requirements and performance standards for beekeeping on urban residential lots. • Establishes abatement procedures for terminated beekeeping permits. • Establishes permit fees for a beekeeping permit. 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 18th day of August 2025. Page 13 of 14 Ordinance 2025-006 Page 6 of 6 SECTION 6. 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 18th day of August 2025. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 14 of 14