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HomeMy WebLinkAbout10/09/20121685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda October 9, 2012 Andover City Hall Council Chambers 7.00 a.m. 1. Call to Order 2. Approval of Minutes — September 25, 2012 3. PUBLIC HEARING: Rezoning Request — R -1 Single Family Rural to R -4, Single Family Urban —15873 Linnet Street NW — Scott Allen 4. PUBLIC HEARING: Lot SplitNariance Request — 15873 Linnet Street NW — Scott Allen 5. PUBLIC HEARING: Amend City Code 12 -3 -5 - Rear Yard Setback in Commercial and Industrial Districts — Amendment would reduce the setback from Forty feet (40') to twenty -five feet (25') in these Districts. 6. Other Business 7. Adjournment LNDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: David L. Carlberg, Community Development Director SUBJECT: Approval of Minutes — September 25, 2012 DATE: October 9, 2012 RE UEST The Planning and Zoning Commission is requested to approve the minutes from the September 25, 2012 workshop. The Planning and Zoning Commission is requested to approve the minutes from the September 25, 2012 regular meeting. 2 3 4 PLANNING AND ZONING COMMISSION WORKSHOP MEETING — 5 SEPTEMBER 25, 2012 6 7 The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by 8 Chairperson Daninger on September 25, 2012, 6:00 p.m., at the Andover City Hall, 1685 9 Crosstown Boulevard NW, Andover, Minnesota. 10 1 l Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Valerie 12 Holthus, Lynae Gudmundson (arrived at 6:06 p.m.), Kyle Nemeth 13 and Michael Olsen 14 15 Commissioners absent: Steve Peterson 16 17 Also present: Community Development Director Carlberg 18 City Planner Stephanie Hanson 19 20 21 DISCUSS DEFINITIONS OF CONTINUOUS AND NON - CONTINUOUS HOURS OF 22 OPERATION AND RELATED SECTIONS OF THE CITY CODE. 23 24 Community Development Director Carlberg reviewed the direction of administration to continue 25 to work through the discussion of hours of operation that they had at the previous meeting in 26 September and hold a public hearing tonight at the regular commission meeting. He was 27 directed by the author of the text amendment to include the original proposed language as well as 28 any definitions modified by the commmission for the public hearing. Mr. Carlberg passed out a 29 supplemental amendment to the commissioners to bring to the next meeting at 7:00 p.m. He 30 asked that the commissioners review an ordinance that has the original definitions as proposed. 31 He reiterated that the concern was if we leave what is in the packet, the public will not have 32 knowledge of the original definitions as requested by the proposer. 33 34 Chair Daninger stated the goal for this work session is to spend 15 minutes to go through this and 35 do our due diligence and the right thing for the City. 36 37 Community Development Director Carlberg stated that going forward, this item can be tabled 38 and the Commission can take more time if need be. The Commission can take 60 days from the 39 August 28th Council works session to make a recommendation to Council. 40 41 Commissioner Olsen asked if the public hearing could be continued and stated it would be 42 beneficial to have a public hearing to get feedback to further discussions if necessary. 43 44 Mr. Carlberg stated that the commission could continue the public hearing to a future meeting 45 date provided they did not close the hearing. 46 47 f Planning & Zoning Commission Workshop Meeting Minutes September 25, 2012 1 Commissioner Holthus asked for some examples of neighborhood businesses, general businesses 2 and industrial districts and shopping districts to help clarify. She asked specifically the area of 3 16151 Avenue and Round Lake Blvd. She also asked about the Hanson and Bunker Lake area. 4 5 Mr. Carlberg stated that area is both industrial and general business on the northwest corner. 6 Kottkes' Bus Company is an industrial area and the land fill area is also industrial. 7 8 Commissioner Holthus asked if industrial districts areas can have 24 hours operation. Mr. 9 Carlberg responded by saying they cannot and that both general business and industrial districts 10 cannot be open 24 hour. The only place it's permitted is shopping center and neighborhood 11 business districts. Examples of areas of neighborhood business and shopping center were listed 12 and examples were listed of businesses that are open 24 hours for operation. 13 14 Mr. Carlberg stated that the plan was when we got to this item in the use table the commission 15 would address allowing 24 hours of operation in the neighborhood districts and shopping district 16 and why are we not allowing it in the general business and industrial areas. 17 18 Chair Daninger asked about the chart we have for operating hours regarding permitted and 19 conditional uses. 20 21 Mr. Carlberg stated a good example is Kwik Trip, they are zoned industrial district but an auto 22 service station is allowed by CUP and the hours are set by the CUP. 23 24 Commissioner Olsen stated the Council has a right to give the commission a task and expect that 25 we perform but looking at it more closely it's almost as though we're creating more problems 26 than we're solving by acting on this the way it's presented to us now. The reason being if you 27 look at the page where it talks about the effect of defining this continuous operation has the 28 potential to create issues regarding what open to the public means. He listed examples of open to 29 the public. Do we define these but at the same time eliminate the issues that will come to the 30 forefront because of this. He referred to page 119. He read what it says on the page. There is 31 potential for confusion here. What is continuous operation mean? 32 33 Mr. Carlberg stated the issue or concern was that if you were not 24 hour continuous operation 34 then you could operate 23 hours, 59 minutes. Some people had concern with that interpretation 35 and the Council directing that we need to define continuous and non - continuous hours. 36 37 Commissioner Gudmundson stated we have to break it up again. Let's make the definition and 38 decide if it's ok. It's what we choose to do with it when it comes to the chart that's going to be 39 the problem. 40 41 Commissioner Olsen stated except when it's open to the public, what does that mean. That's not 42 defined. 43 44 Chair Daninger stated that the original amendment /definition is what we have to look at but the 45 Commission can make changes at the meeting, but the public needs to know what was originally 46 proposed. 2 Planning & Zoning Commission Workshop Meeting Minutes September 25, 2012 1 Commissioner Olsen stated if we really want to control retail operations that are open to the 2 public, if you don't want to do it by taking changing the definition that reads that every other 3 business out there will no longer fit into either one of these things as a continuous operation. 4 They will be gone. They will be doing something out there that will be undefined at this point 5 because we've changed the definition. 6 7 Commissioner Gudmundson stated if we didn't narrow this definition down so much, with 8 specifics like that once we get it into the chart again, would we be able to move with it over 9 there? If our goal is to have it affect retail, then we would put it in the chart. Maybe we're 10 getting this too narrow. 11 12 Mr. Carlberg stated that there is a broader discussion than what this was intended to be 13 accomplished. The issue is defining continuous and non - continuous operation as it applies to a 14 general business district. That is the direction that the original amendment came from. 15 However, we've had discussions on restricting hours in just the general business district which is 16 the most flexible retail commercial area and not really looking at what do you do in the shopping 17 center and neighborhood business districts. If you're going to restrict it in general business, how 18 are you allowing it in less intense districts that are next to residential. 19 20 Commissioner Gudmundson asked where it would appear in the city code. Will it appear under 21 general definitions that could be applied anywhere. 22 23 Mr. Carlberg stated it will be in our definitions section 12 -2 -2. It will show up as definitions of 24 continuous and non - continuous hours of operation. 25 26 Commissioner Gudmundson stated that for our city we would have to apply it to every 27 commercial building not just general business zoning. 28 29 Mr. Carlberg stated then you go to the table and look at where you want to allow those hours of 30 operation, possibly adding another line for non - continuous operation. 31 32 The Commission discussed the issue of the term "open to the public" being put into the 33 definition. 34 35 Mr. Carlberg stated that DSTI and manufacturers that have multiple shifts are currently not 36 compliant. Right now DSTI has 3 eight hour shifts 24 hours a day. They're located in the 37 general business district and they are currently in violation of our city code. They are not open 38 to the public. They are a manufacturer, they don't have the public coming there shopping or 39 doing business all hours. So "open to the public" was put in the definition to get manufacturers 40 that have multiple shifts to comply. 41 42 Chair Daninger stated this is not specific to a particular business, this is for the whole city. There 43 is a huge cause and effect here because if you say no, you're losing potential 24 hour businesses 44 and /or shopping centers that may locate in a general business district. You're going to have a 45 grocery store, County Market that allows 24 hour operation but at Festival cannot. We have 46 some loop holes to fill and we're also going through that chart doing our due diligence. 3 Planning & Zoning Commission Workshop Meeting Minutes September 25, 2012 1 Commissioner Gudmundson stated let's give them our definition because at some point there 2 probably would be a need for simplified definition of 24 hours a day. Then fix the chart. Put the 3 CUP in there in all the places we want it to be and cover it that way. 4 5 Mr. Carlberg stated staff made the effort to notify our businesses no matter what business district 6 they are in got the notice. The comments he has been getting back from them is why is this 7 coming up and why don't the retailers and businesses set their own hours. They know the 8 market and what works. The business community is not on board with why we would restrict 9 hours. 10 11 Chair Daninger stated we need to do our due diligence. We need to take public input. We may 12 change our minds after getting public input. We have to work through the table of uses and the 13 proposed definitions. 14 15 Commissioner Holthus stated she likes the definition that we came up with before. Continuous 16 hours of operation of business open to the public for 24 hours a day and leave public in there. 17 Non- continuous hours of operation would be the exact opposite. We can then go to the chart 18 and throw in the CUP. 19 20 Commissioner Gudmundson stated she would simplify them further and take out the public and 21 agrees with not being rash and get these exactly how we want them tonight but then table it and 22 go home, look at it further and think about all the ramifications of these definitions and how we 23 see them sitting in there and that gives us a chance to change them one last time because we're 24 not going to get to everything on the chart tonight. And then we table it still and say this is what 25 we're thinking and then think about the public input and how this is going to work with this table 26 and then get together again. 27 28 Chair Daninger stated if we come up with a definition and say we want to change it to this and 29 then a recommendation of denial. 30 31 Mr. Carlberg stated if you make that recommendation of denial then that amendment moves 32 forward with the denial as proposed. So you can make a recommendation of denial and say you 33 think the definition should be changed but without tabling it or bringing it back for further 34 discussion and wordsmithing, the amendment goes to the Council. 35 36 Chair Daninger stated but if we make a recommendation of approval for a new definition then it 37 moves forward. 38 39 Mr. Carlberg stated either way if the commission recommends approval or denial it moves 40 forward, unless you table it and bring it back for further discussion. 41 42 Chair Daninger is not opposed to tabling but what he wants is to move forward so then when we 43 get to the chart the Commission can do their due diligence. 44 45 The Commission spent considerable time discussing the definitions of continuous and non- 46 continuous operation. 4 Planning & Zoning Commission Workshop Meeting Minutes September 25, 2012 1 Commissioner Cleveland stated we took out public and a continuous business is open 24 hours a 2 day. A business that is not open 24 hours a day and then put in the definition that describes the 3 time frame that they cannot be open. That gives you your mirror image plus the definition of 4 that much simple and then you can put that in 12.2 and then go to the chart and then we can use 5 that. They will need the continuous operation. A non - continuous business according to this 6 would be that you're closed 4 hours. Non - continuous means you're closed 4 hours a day in 7 between these hours. Pretty much everything else then could be considered continuous 8 operation. You can work or be open for up to 24 hours. If you are only open 23 you still would 9 be considered a continuous operation. If you work/close for 3 hours you still need to be 1 o permitted to be in the continuous operation. It's the non - continuous according to this definition l t now you have to be closed four hours. To me it's a little more clear meaning 22, 23 hours 12 doesn't matter. 13 14 Commissioner Olsen stated it should be one or the other. It should be continuous operation or 15 non - continuous operation. The 11:00 p.m. to 7:00 a.m. now we are expanding two different 16 days. Maybe it should be midnight to 7:00 a.m. because then you say two calendar days if you 17 want it to. 18 19 Mr. Carlberg stated what are we defining here? What are we accomplishing by telling the 20 business they had to shut down for 4 hours if the purpose of restricting hours is to limit traffic in 21 the neighborhood, glare, noise, lighting, etc. If I'm a major retailer and I close from 3:00 am to 22 7:00 am, what have you accomplished? At 3:00 I have trucks coming making deliveries, 23 stocking shelves, so for 4 hours when most people aren't around from 3:00 -7:00 am, 5:00 most 24 people are up and headed south to work. What he has heard from the public is that from 11:00 25 pm to 7:00 am businesses should be closed. Four hours doesn't do it. 26 27 Chair Daninger has a tough time with this definition. He's going to deny it and move it forward 28 with denial. 29 3o The Commission again in great length discussed the definitions of continuous and non- 31 continuous hours of operation. Discussed the table of uses and providing for 24 hour continuous 32 operation as a conditional use permit in all business and industrial districts. 33 34 Mr. Olsen stated continuous operations describes the business that is open to the public for some 35 portion of each hour of 24 hours in a day and it also includes a business that is open to the public 36 for more than 5 hours of the overnight period beginning between 11:00 pm and 7:00 am. Non - 37 continuous operations describes a business that is closed to the public for at least a 5 hour 38 duration between the hours of 11:00 pm and 7:00 am each day of the week and which is not open 39 for any portion of at least 5 continuous hours in a day. 40 41 Commissioner Cleveland stated you can't do that. If you're not open for any portion of at least 5 42 continuous hours in a day and you start at 11:00 that gives you 1 hour in a day. The next 4 hours 43 are in a different day. So the definition in itself can't be held accountable for because it doesn't 44 work. A day is from 12 to 12. 45 5 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 Planning & Zoning Commission Workshop Meeting Minutes September 25, 2012 Mr. Carlberg stated that's why you came up with your definition and you didn't like it last time. I think both of your definitions are clear. Chair Daninger stated he doesn't want to approve either group of definitions without further review and discussion. The Commission agreed. The Commission agreed to take public testimony on this issue and make a decision after receiving public input. ADJOURNMENT Motion by Cleveland, seconded by Olsen to adjourn the September 25, 2012 Planning and Zoning Workshop. The motion carried unanimously. The meeting adjourned at 6:57 p.m. Respectfully submitted, Brenda Holmer Planning Department Administrative Assistant z r PLANNING AND ZONING COMMISSION MEETING —SEPTEMBER 25, 2012 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on September 25, 2012, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Lynae Gudmundson, Valerie Holthus, Kyle Nemeth, and Michael Olsen. Commissioners absent: Commissioner Steve Peterson Also present: City Planner, Stephanie Hanson Community Development Director, David Carlberg Others APPROVAL OFMINUTES. September 11, 2012 Commissioner Nemeth requested a change to the minutes noting the word "and" should come before Walmart, within the minute approval language on Page 1. In addition, he requested a change on Page 4, the fourth paragraph, the second "that' should be removed. Finally, the first paragraph on the top of Page 5 needed revision and clarification. Staff was directed to review the tape and provide clarification on this sentence. Motion by Cleveland, seconded by Nemeth, to approve the minutes as corrected. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. PUBLIC HEARING: Consider an Amendment to the City Code 12 -2 -2 Regarding Definitions of Continuous and Non - Continuous Hours of Operation and Related Sections. Community Development Director Carlberg noted the purpose of this item is to hold a public hearing and take input on a code amendment regarding definitions of continuous and non- continuous hours of operation. Regular Andover Planning and Zoning Commission Meeting Minutes — September 25, 2012 Page 2 Mr. Carlberg reviewed the proposed Code Amendment with the Commission. He reviewed the latest definitions that were discussed at the September 11th worksession meeting. He noted the business community in Andover was contacted regarding the proposed text amendment through the mailing of the public hearing notice. He received several comments and feedback, which was reviewed with the Commission. He requested the Commission discuss the item further and take public comment. Motion by Holthus, seconded by Cleveland, to open the public hearing at 7:07 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Lori Mount, 2044 148th Avenue NW, commented all businesses in Andover were notified of the proposed amendment. She indicated the low attendance this evening led her to believe there was no opposition. She understood the proposed language change was tightening the City's definitions and not targeting any one specific business. Ms. Mount stated she moved to Andover due to the fact it had quiet neighborhoods. She encouraged the City to continue this going into the future. She recommended the Planning Commission proceed with the Council's recommendation and approve the definitions. Mr. Carlberg read the proposed text amendments as proposed this evening for the record. Eric Miller, MFRA, Inc. the consulting engineer for Walmart, noted his client (Walmart) was looking to come into the City of Andover and the proposed Code amendment would affect the stores desire to operate 24 hours a day. He indicated his client was proposing a Supercenter to meet the needs of Andover residents. Mr. Miller indicated that they have complied with all zoning requirements with regard to screening and buffering from the adjoining properties to date. Dennis Davis, 4878 1701h Lane, explained he has been with Walmart for 24 years and works in the health and wellness division. He is also an Andover resident. He commented the 24 hours of operation offers convenience to residents. He did not anticipate a large deal of traffic in the overnight hours, but would allow for families to purchase medications when needed. He commented it also allowed residents to purchase groceries in the early morning hours. Richard Schneider, 200 South Sixth Street in Minneapolis, is a land use attorney and represents Walmart and other property owners on land use issues. He was surprised by the proposed zoning code amendment. He indicated the text amendment was very unusual and not particularly business friendly and puts the City at a competitive disadvantage in attracting certain businesses. He also stated comments have been made that there is not a lot of people showing up and there is a lack of interest in this issue by the existing business community, however, those future businesses and development opportunities interested in locating in Andover are not represented and won't be if a they feel there is a competing community better suited for them due to the hours of operation allowed. He also thought it was really unusual that 24 hour operation was allowed in a less intense zoning district such as the Neighborhood Business District but not in a .) ` Regular Andover Planning and Zoning Commission Meeting Minutes — September 25, 2012 Page 3 General Business District. There usually is a rational basis for treating one differently than the other which is not all that apparent. He offered that the solution might be to change that distinction and make it more even handed. Mr. Schneider suggested the Commission consider revising the definitions and allow each business in Andover to set their own hours of operation based on demand. Dawn Shnikels Johnson, 1553 1401h Avenue NW, indicated she lived two blocks from the proposed Walmart site. She explained she attended the Council meeting regarding the Ordinance language and hours of operation. It was her opinion that Andover already had businesses that could handle emergency purchases in the overnight hours. She encouraged the Commission to support the clear definitions within the proposed text amendment. Curtis Jones, 1801 139th Avenue NW, stated Andover was a unique community. He saw the potential for a 24 hour business to be an open door, which would lead to further commercial businesses and change the look and feel of the community. He encouraged businesses to come to Andover, thrive and create jobs, while operating within restricted business hours. Kathy Heltemes, 1432 140th Avenue NW, understood the convenience of a 24 hour Walmart. However, she believed Andover was a bedroom community that did not have a need for shopping at 2:00 a.m. She encouraged the developers to reconsider their development as a non - continuous operation. Ms. Mount commented the proposed text amendments would assist with clearly defining business operating hours. She did not feel that the language revisions would prohibit business. Motion by Cleveland, seconded by Gudmundson, to close the public hearing at 7:32 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Commissioner Olsen stated there were a number of current permitted uses (24 -hour Laundromat, car wash, mini - storage) that could be interpreted to be open to the public. These could be affected by the continuous operation language amendment. Commissioner Holthus supported the City clearly defining these terms within the City Code. However, she was in favor of revising the language slightly to address the hours and days of the week more specifically. Chairperson Daninger commented the current language would cause concern for future restaurants as they would have to close at 11:00 p.m. Conunissioner Gudmundson indicated the proposed timeframe for the non - continuous operation businesses was rather random and should be further discussed. Regular Andover Planning and Zoning Commission Meeting Minutes — September 25, 2012 Page 4 Chairperson Daninger noted a fitness center with 24 hour access would also be affected by the proposed language. He thanked the public for their input this evening and questioned how the Commission wanted to proceed on this item. Commissioner Gudmundson was in favor of denying the proposed code amendment. Commissioner Olson stated "Open to the Public' was not clearly defined within City Code at this time and would have to be addressed prior to approval of this text amendment. He indicated further discussion and clarification was needed on this issue. Commissioner Cleveland commented this issue seemed very straight forward in the beginning, however, after much discussion, there were still concerns. For this reason, he did not support the current text amendment language. Chairperson Daninger requested the maker of a motion clearly state the reasons for denial. He asked for assistance in determining concrete reasons for denial of a definition that is unclear. Community Development Director Carlberg stated that the Commission needs to look back at what the original intent of this item coming before the Commission was to address. The intent was to restrict the hours of operation to address the issues of traffic, noise, glare, crime, etc. in the nighttime or overnight hours. If the Commission does not feel the proposed definitions in the text amendment addresses these concerns and issues that would support a recommendation of denial. Commissioner Cleveland stated after speaking with 20 area communities none were found to control hours of operation through City Code. This was handled through conditional use permits or through planned unit developments. He indicated amending the code was much more difficult, due to the ripple effects that would be felt by all Andover businesses. Motion by Olsen, seconded by Cleveland, to recommend to the City Council denial of the Amendment to City Code 12 -2 -2 regarding Definitions of Continuous and Non - Continuous Hours of Operation and related sections based on the following findings of fact: 1. Approving the proposed definitions would render uses currently permitted by City Code to be no longer permitted or be altered by such a degree as to change the basic function of the business without due process. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Mr. Carlberg stated that this item would be before the Council at the October 2, 2012 City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes — September 25, 2012 Page 5 OTHER BUSINESS. Mr. Carlberg updated the Planning Commission on related items. ADJOURNMENT. Motion by Cleveland, seconded by Holthus, to adjourn the meeting at 7:49 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Respectfully Submitted, Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. F ANLb=6V9 ==Bjt�� 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: Public Hearing: Rezoning request (12 -01) to change the zoning from R -1 Single Family Rural to R -4 Single Family Urban for the property located at 15873 Linnet Street NW DATE: October 9, 2012 INTRODUCTION The Planning and Zoning Commission is requested to review the proposed request to rezone a portion of the parcel located at 15873 Linnet St NW from R -1 Single Family Rural to R -4 Single Family Urban. DISCUSSION As with all rezonings, the City must meet one of the two following findings that are provided by state statute: The original zoning was in error. The character of the area or times and conditions have changed to such an extent to warrant the Rezoning. The property is located within the Metropolitan Urban Service Area (MUSA) and also within the current stage of sewer expansion. Times and conditions have changed with the extension of municipal sewer and water into this area of the City. It has been requested by the property owner to rezone a portion of the property (0.56 acres) from R -1 Single Family Rural to R -4 Single Family Urban. The rezoning would allow the property owner to request a lot split to create one urban residential lot and utilize the available municipal sewer and water services in the area. ACTION REQUESTED The Planning and Zoning Commission is asked to recommend approval of the rezoning request based on the fact that the property is located within the MUSA, water and sewer are available to the property, and the request is in harmony with the Andover Comprehensive Plan. Attachments Ordinance Amendment Location Map Respectful) submitted, Stephanie L. Hanson Cc: Scott Allen, 15873 Linnet St NW, Andover, MN 55304 N CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE XXX AN ORDINANCE AMENDING CITY CODE TITLE 12 -3 -4, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: City Code 12 -3 -4, The Zoning District Map of the City of Andover is hereby amended as follows: 1) Rezone land from R -1, Single Family Rural Residential to R -4, Single Family Urban Residential on approximately 0.56 acres legally described as: That part of the east 310 feet of the west 1010 feet lying north of the south 959.36 feet of the Southwest Quarter of the Southeast Quarter, Section 15, Township 32, Range 24, Anoka County, Minnesota, as measured along the west and south lines of said Southwest Quarter of the Southeast Quarter described as follows: Beginning at the southeast corner of above described property; thence on an assumed bearing of North 88 degrees 46 minutes 01 seconds West along the south line of said property a distance of 140.00 feet; thence North 00 degrees 38 minutes 38 seconds East a distance of 155.00 feet; thence North 19 degrees 04 minutes 44 seconds East a distance of 15.81 feet; thence South 88 degrees 46 minutes 01 seconds East a distance of 135.00 feet to the east line of the above said property; thence South 00 degrees 38 minutes 38 seconds West along said east line a distance of 175.00 feet to the point of beginning. Subject to a drainage and utility easement over, under and across the south and east 10 feet of said described property; also subject to a drainage and utility easement over, under and across the north 5 feet of said described property; also subject to a drainage and utility easement over, under and across the west 18 feet of the south 88 feet of said described property, and the west 10 feet of the north 87 feet of said described property. 2) The finding for the rezoning is that the property is located within the Metropolitan Urban Service Area and also within the current stage of sewer expansion. Times and conditions have changed with the extension of municipal sewer and water into this area of the City. It is now appropriate to rezone the property to Single Family Urban Residential (R -4) at the request of the property owner to allow the property to utilize the available municipal sewer and water. 3) All other sections of the Zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this 16th day of October, 2012. CITY OF ANDOVER ATTEST: Michelle Hartner, City Clerk Michael R. Gamache, Mayor ANL66WR; 15873 Linnet St NW Location Map Disclaimer: This information is being distributed as demonstration data only. You should not use the data for any other purposes at this time. This information is to be used for reference purposes only. Coovrioht © 2011 Citv of Andover. All Riohts Reserved Printed 09/19/2012 D`', lwll lwll °' ", 2(131 h rA08 16008 1w42 B b ;, 2091 i 2 :' ,• ;. 15943 159TH LN } 5'.1696] 2115 { 2051 2211 ' 2151 "� . 1547-H ._ •, 2032 �.yr)g �. 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I56TN LN __._...., ...._...___,_. _.. -.. 1567/1,_.. ....,...... a � p UNITE "aS 1753 p p i loss r 1938 L002. 1112,rh LSCIft 15838 15629 2319 �w }", 15679 15617 O ....... .. ....•.. ` . , .. 156TH AVE 1567H AYE Y! a 1559s' Disclaimer: This information is being distributed as demonstration data only. You should not use the data for any other purposes at this time. This information is to be used for reference purposes only. Coovrioht © 2011 Citv of Andover. All Riohts Reserved Printed 09/19/2012 r clTY or- ND QVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: PUBLIC HEARING: Lot Split (12 -01) to create one rural lot and one urban lot and a variance (12 -02) request to reduce the required lot size in the R -1 Single Family Rural district. The property being located at 15873 Linnet St NW, Andover. DATE: October 9, 2012 INTRODUCTION The property owner proposes to create a new 0.56 acre R -4 urban lot and retain a 2.0 acre R -1 rural lot for an existing home. Lots in the R1 — Single Family Rural district are required to be 2.5 acres in size therefore the applicant is requesting a variance to lot size in the RI district. DISCUSSION Minimum District Provisions Minimum lot size requirements in the R -4 district are 11,400 square feet. The proposed lot size is 24,450 square feet. Municipal sewer and water services will be available to the new lot. Connections to municipal services will be made as required by City Code. Minimum lot size requirements in the R -1 district is 2.5 acres. The applicant is requesting a variance to reduce the lot size to 2.0 acres. The lot is bordered by the R -4 district on the west, south, and east (Cardinal Ridge and Woodland Crossing Developments) and R -1 to the north (Nightingale Ridge development). Urban development has filled in around the lot while lots directly to the north remain rural; therefore a 2.0 acre lot will not alter the character of the neighborhood and the lot will remain as a residential use although the lot size is nonconforming. The applicant would also like to maintain the existing septic and well since it is a relatively new system (8 yrs old) and is in compliance. Also, even after the lot split there is ample space for the primary and secondary septic drain fields. There are many examples of developments throughout the city that maintain septic and wells on lots ranging from 1/2 acre to 1 acre in size. Some of the developments include Timber River Estates, Cedar Crest Estates, Langseth Pine Acres, and Valley View Estates. Access The existing property is accessed from the north on Linnet St NW. The newly created 0.56 acre parcel will be accessed from Killdeer St NW. ,' Utility Easements The City will require the typical 10 -foot drainage and utility easements around the perimeter of the R -1 rural lot. The R4 lot to be served by municipal services is required to have a minimum 5 -foot easement along the side lot lines and 10 -foot easement along the front and rear lot lines. Park Dedication and Trail Fees A park dedication fee of $2,650 and a trail fee of $703 will be required to be paid for the new lot. ACTION REQUESTED Staff requests Planning and Zoning Commission consider recommending approval of the lot split and variance request. The Planning Commission is asked to hold a public hearing, review the proposed lot split and variance applications and make a recommendation to the City Council. An approval recommendation should be contingent on staff conditions set forth in the resolution. Attachments Resolution for Lot Split and Variance Exhibit A Location Map Applicant's Letter Aerial Photo Lot Split Drawing Respectfully bmit ed, r� b Stephanie L. Hanson Cc: Scott Allen, 15873 Linnet St NW, Andover MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING A LOT SPLIT REQUEST TO SUBDIVIDE INTO TWO PARCELS AND A VARIANCE TO REDUCE THE LOT SIZE IN THE R -1 SINGLE FAMILY RURAL DISTRICT FOR THE PROPERTY LOCATED AT 15873 LINNET STREET NW LEGALLY DESCRIBED IN EXHIBIT A. WHEREAS, Scott Allen has requested approval of a lot split to subdivide property located at 15873 Linnet Street NW, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approve the lot split, and; WHEREAS, the applicant has requested approval of a variance to reduce the lot size in the R1 Single Family Rural District from 2.5 acres to 2.0 acres, and; WHEREAS, the Planning and Zoning Commission finds the request is consistent with the purposes and intent of the ordinance since the property will continue as a residential use; and WHEREAS, the Planning and Zoning Commission does find the request consistent with the residential and housing goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission finds the property owner intends to use the property in a reasonable manner not permitted by the ordinance since the property will continue as a residential use; however, the lot size is smaller than permitted; and WHEREAS, the Planning and Zoning Commission finds there are circumstances unique to the property that were not created by the landowner. The lot is transitional in nature - it is bordered by rural and urban lots; urban development has filled in around the lot while lots directly to the north remain rural; and WHEREAS, the Planning and Zoning Commission finds the variance will maintain the essential character of the locality since the surrounding lots range in size from'/ acre to 3 acres and a residential use will remain on the lot. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split and variance on said property with the following conditions: 1. The applicant shall be required to pay a park dedication fee for the new lot in the amount of $2,650 and a trail fee in the amount of $703. 2. The applicant shall provide 10 -foot drainage and utility easements around the perimeter of the R -1 rural lot and a minimum 5 -foot easement along the side lot lines and a 10 -foot easement along the front and rear lot lines of the R -4 urban lot. 3. Boundary surveys showing drainage and utility easements and legal descriptions shall be provided and signed by a licensed land surveyor. 4. Legal documents conveying the drainage and utility easements to the City of Andover shall be submitted and reviewed by staff for accuracy. 5. The existing individual septic treatment system shall remain in use until the well and /or septic system fails. At which time connection to the municipal water and sewer system shall be required. 6. The new urban lot shall be required to connect to municipal sewer and water and pay all related fees and assessments as required. 7. The lot split is subject to a sunset clause as defined in Ordinance No. 40, Section III(E) and the variance shall be subject to a sunset clause as provided in 12-14 - 7E.6. Adopted by the City Council of the City of Andover on this 16th day of October, 2012. CITY OF ANDOVER ATTEST: Michelle Harmer, Deputy City Clerk Michael R. Gamache, Mayor EXHIBIT A LEGAL DESCRIPTIONS To be added once it is received by licensed land surveyor (Z I T y or NDOVE 15873 Linnet St NW Location Map ISU.. Isgr in w MISS 196, INNSI L.2L 215, U. n. av 2,U, all. i 20711 is 2171 f ASO 'L'Soi, Baa LIS'S 3116 t ... IS x 22" IsSI, 2213 NN, r L511L., 750T, LS..] 11.U. ro "311 L171! I'M mu 1 3 4 "IS703 LS 7 .6 IS. 2211 15770 1577' is, 1170 15757 tml X.SO ill. uN. lba 158TH IN RS,29 I'M 1513: 1180 11.10 1 -11,111, 11.7_15M 11101 .5791 �d 11111 "M L5717 1574" U, 13705 11174 1,577! 15771 15773 SIM 15717 1570 3111, 1111, UNITS'. Ot L51LI , 2 Ll SLIUS WE z is 2171 f ASO 'L'Soi, F. IsSI, J56711 A Vi 156'rHAW X.SO ill. uN. lba 158TH IN RS,29 I'M 1513: 1180 11.10 1 -11,111, 11.7_15M 11101 .5791 �d 11111 "M L5717 1574" U, 13705 11174 1,577! 15771 15773 SIM 15717 1570 3111, 1111, UNITS'. Ot L51LI , 2 Ll SLIUS WE z Qisdaimer� This information is being distributed as demonstration data only. You should not use the data for any Other purposes at this time. This information is to be used for reference purposes only. Cormobt D 2011 City cfAndover, All RiQhts Reserved Printed M1912012 W-0 E S is 'L'Soi, Qisdaimer� This information is being distributed as demonstration data only. You should not use the data for any Other purposes at this time. This information is to be used for reference purposes only. Cormobt D 2011 City cfAndover, All RiQhts Reserved Printed M1912012 W-0 E S Honorable Mayor and Council Members: I am requesting a variance in conjunction with a lot split request to keep my existing property zoned R -1 if such lot split is granted and not be forced to connect to city utilities. Below are my findings to substantiate the variance request: 1. The existing well & septic systems are only 8 years in age and should be able to service the residence for 20+ years. These two systems were paid for and I feel they should not need to be prematurely replaced with city services due to the faster than anticipated development around my property. I feel some reasonable accommodation should be made to allow for a future system failure to occur to force city connections. 2. The subject property will remain approximately 2 acres in size which is about 8 times the size of the minimum requirement for R -4 lots and will continue to be suitable size to maintain the existing well & septic systems. For this reason I feel the property should be allowed to remain R- 1 zoning. Thank you for your consideration. Sincerely, Scott Allen 15873 Linnet St NW Andover, MN 55304 � r t 4 t s ! I - l t . . iFZiS�� � — ��_� tit. s•�°�'g.. qi �, _ i.h ,y Jk�•' x F � e V_:_ats, P: t 4 t s ! I - l t . . iFZiS�� � — ��_� tit. s•�°�'g.. qi �, _ i.h ,y Jk�•' x F � e V_:_ats, O U K Id f Z o� jrj n i9 o) r 905.8 Irlth and 40 faet east of sold described lino said casement are prolonged or shortened to ------------------------ 90,f-north and south tine of said property. 904.7 \ SRff s>i'.5 ;E- 3'10.00 1' 57:3+ 03.7126 "Oak 905.1 ) _ 901 x902.8 II 1 x J 904.0 ) /9 04/3 �01> cr 1 90. 2 PO4.0 .. 905.1 q.' 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I 098.0 �, x 0 o ' 8979 897.9x � x896.4 x�89G.9 I (097.5) \\ 1897.7 x \ 897.0\ i 1 898.0 , \x II \ I � I 896.1 �I i (j oRING f \\ 'i 30 I �O f o 904.9 904.5 1 � I i Droln F7ald \ C n ; i @904.6 904.7 1 90J.2X w 9DJ.4. 17 � 1 7 1 I x9DJyD 1f "Oak 905.0 I 90J.1 Two i JYYYSSS x UN., 'Oak d LFt 90J. 6.5) X904.8 x a� "oakl� /�✓ L 902.J ) 7 ` 04. , x -,\ t -a *Oak f %' 902.7--- �� 07 901.4 x_T vo jS \\ 1 5 8'Ogk"� rwa \ x 8 "Oak \ 7 902.4 ' \ \ .SLi�4 898.5 l0 "Ouk� , \� l ' 10 •.F I ' .s t t i -fnre 1 )x89 / x9 03•; _ cl`16 "Oak \� 90J5 \I 1 9036 I \ )c FjaR.rn1 Z I I I1 x90.2.6 �rro \ r 4 Oak 79 17free9q¢ � vv � ) 1 "Oak 1 \ 9d1,5 Three ! 1 12 -0",, I � \ \\ I Two > 11 \s0 x89.9 14 "Oak x'12 'Oak \_ice DRAINAGE & UTILITY 110 EASEMENT---, _ %l' The sidelines of o terminate on the pRoi,65E_b 5ETBfj,g- (M,,4) 35' ,0' SrQuc,TUP0 Er 5,nE (6,+e 6 ) 30r RE'AK pRONSEy c'�EV i yni$fM,ff) J o/, 6 o-! r' Etc va -her %R- corage floor £levatlon 893'6 Lo)rest floor Elovatlon Type of RuIlding.. _A Woad Frame House Benchmark: IP northeast comer of nranert , Elevation 90J. 92 IpRoPosED AREA Zy�HSv sr - - -- - -- O.SL Ae- I I I d"8 01 3 Scale: 1 = 50' a Denotes 112 Inch by 14 Inch Iron plea monument set, marked with a plastic cap, Inscribed RIVARD RLS 19421" W lu The orientation of this Bearing System v Is assumed. x897..9 _ Denotes Asbuflt ElewNon - Denotes Well. . 4 C I T Y \1NDOVEA 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Andrew Liska, Associate Planner h6ti SUBJECT: PUBLIC HEARING: Amend City Code 12 -3 -5 - Rear Yard Setback in Commercial and Industrial Districts — Amendment would reduce the setback from forty feet (40') to twenty -five feet (25') in these Districts. DATE: October 9, 2012 INTRODUCTION The Planning and Zoning Commission is requested to review and consider an amendment to the City Code 12 -3 -5 to reduce rear yard setback requirements from forty (40') feet to twenty -five (25') feet in Commercial and Industrial Districts. DISCUSSION A survey of surrounding communities' rear yard setbacks in Commercial and Industrial zoned districts shows Andover has very restrictive requirements. Such a large required rear yard setback is detrimental in attracting new businesses as it limits the available land that can be developed. Commercial and Industrial Districts City Rear Yard Setback Coon Rapids 25' Ramsey 25' Blaine 20' Andover 40' Reducing the rear yard setbacks in these districts to 25' would make Andover more attractive for new businesses by allowing for more flexibility regarding the layout and design of said property. Other requirements such as building coverage percentages, parking, and landscaping will all remain unchanged to preserve and maintain aesthetics. By reducing rear yard setbacks, it simply gives more options for building and developing the land. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing and recommend the amendment reducing the rear yard setback to twenty -five (25') feet in Commercial and Industrial zoned districts to the City Council. V Attachment Ordinance Amendment Respectfu y submitted, A drew Liska CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING THE CITY CODE TO REDUCE THE REAR YARD SETBACK REQUIREMENTS TO TWENTY -FIVE (25') FEET FOR COMMERCIAL AND INDUSTRIAL ZONED DISTRICTS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 3: ZONING DISTRICTS AND MAP SECTION 12 -2 -2: MINIMUM DISTRICT REQUIREMENTS All other Titles, Chapters and Sections of the City Code shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover on this 16th day of October, 2012. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor LB NB SC GB I Rear yard setback 40 25 40 25 40 25 40 25 40 25 All other Titles, Chapters and Sections of the City Code shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover on this 16th day of October, 2012. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor