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HomeMy WebLinkAbout10/08/2013AN16WA 1685 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 8, 2013 Andover City Hall Council Chambers 7.00 a.m. 1. Call to Order 2. Approval of Minutes — September 10, 2013 Regular Meeting 3. Public Hearing: Consider Rezoning Property from R -1, Single Family Rural to R -4, Single Family Urban for 15873 Linnet Street NW — Scott Allen 4. Public Hearing: Consider Lot Split to Create Two (2) Urban Residential Lots for 15873 Linnet Street NW — Scott Allen 5. Public Hearing: Consider the following Amendments to the City of Andover Comprehensive Plan: to Expand 83 -acres into the Metropolitan Urban Service (MUSA) Area; to Change 83 -acres of land from RR — Rural Residential to URL — Urban Residential Low; to Change 6.39 acres of land from GC — General Commercial to URM — Urban Residential Medium; and to Change the Density Range for URL - Urban Residential Low and URM - Urban Residential Medium. 6. Public Hearing: Consider Amendments to the City Code 12 -9, Home Occupations and 13 -1 -3, Frequency of Splitting Lots 7. Other Business 8. Adjournment k NT Y O F D OVE 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: Approval of Minutes — September 10, 2013 DATE: October 8, 2013 REQUEST The Planning and Zoning Commission is requested to approve the minutes from the September 10, 2013 regular meeting. .0 PLANNING AND ZONING COMMISSION MEETING — SEPTEMBER 10, 2013 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on September 10, 2013, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Timothy Cleven, Lynae Gudmundson, Valerie Holthus, Kyle Nemeth and Steve Peterson. Commissioners absent: Commissioner Bert Koehler IV Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Assistant Public Works Director Todd Haas Others APPROVAL OFMINUTES. August 13, 2013 Motion by Holthus, seconded by Cleven, to approve the minutes as presented. Motion carried on a 5 -ayes, 0 -nays, 1- present (Peterson), 1- absent (Koehler) vote. PUBLIC HEARING: Sketch Plan — 43 Acres North of 161" Avenue NW and Wintergreen St NW for a 65 — Lot Urban Residential Development Known as Country Oaks North — Scott Wold City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a sketch plan for 43 acres north of 16151 Avenue NW and Wintergreen Street NW for a 68 lot urban residential development known as Country Oaks North. Assistant Public Works Director Haas reviewed the proposed sketch plan regarding the future transportation needs with the Commission. Ms. Hanson noted the Park and Recreation Commission reviewed this sketch plan and would like to take cash in lieu of land. w Regular, Andover Planning and Zoning Commission Meeting Minutes —September 10, 2013 Page 2 Motion by Holthus, seconded by Peterson, to open the public hearing at 7:15 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Koehler) vote. Ms. Elizabeth Forg, 16527 Sycamore Street NW, stated the development is on the other side of the street and railroad tracks from her. She wondered why this development is happening. She did not have any desire for this parcel to be built out with small lots and moved to Andover for the spacious area. Ms. Forg stated they have never been informed that there was talk about rezoning this area and since she has moved in the area, it has lost the wildlife that used to be in the area. She would prefer some of this area to be left wild. They do not need another development in this area. Environmentally this new development will raise the fire risk in the area because they are on a pine plantation. Ms. Forg stated with additional traffic it will require an additional railroad crossing and in turn will back up traffic even more than it is now. She stated Constance Boulevard is a very busy road without bike lanes or trails and she has seen many close calls and accidents in that intersection. This will eventually require a road from 166`h or between her home and the farm next to her. Ms. Forg noted her property has a well and if more housing is put in the area she is afraid that her well not perform like it does now and she could end up with water that is not clear. She believed properties with high value are more important than multiple properties. She stated Andover does not have any center and right now the rural area in the City is the soul of the City. If this development is put in the soul will be lost. Ms. Donna Aasness, 16425 Hanson Boulevard NW, stated currently she understood the development does not have adequate water main support within the forty acres and would have to go through neighboring properties to satisfy that need. She wondered if that was correct. Mr. Carlberg stated there is the ability to provide this development with water service; however, to go farther north and to adequately provide fire protection the City is looking to loop a water main coming from the White Pine Wilderness area through the Aasness property, which would provide the ability to serve the next property to the north adequately. He noted this area can develop with the current water services. Mr. Jeff Simms, 16526 Sycamore Street, stated the reason he bought the land is for the rural area. There is a hunting designation north of 161't and he wondered what that would mean once the development goes in because he did not think they would want hunting to continue. He also wondered what will happen to the trees and will they be able to preserve most of the trees. Regular Andover Planning and Zoning Commission Meeting Minutes —September 10, 2013 Page 3 Mr. Carlberg stated the hunting area within this development will have to change and in the sketch plan they do not review the plan for tree protection but further down the road they will look for tree preservation in the plans through the platting process. Mr. Richard Kuiken, 16541 Hanson Boulevard, stated his concern is they hunt that property and ride on their race track on his property. He wondered if there is a noise ordinance because the lots of the new development will back up to his track and if there is a noise ordinance he may not be able to ride on his track. He stated he will not be happy if hunting is removed and if the City shuts down his race track. Mr. Carlberg stated the City does have noise regulations and it is based on decibels. He reviewed the regulations with the Commission and residents. Mr. Richard Kulke, 16683 Sycamore Street, stated a road is supposed to go through at 167`h but the road cannot go in because there is a property owned by someone else unless the City purchases it. If the road is open over the railroad tracks that will bring a lot of traffic through their neighborhood and they do not need that with kids. He would like to know where the future cul -de -sacs will end up going to. Mr. Haas reviewed the transportation corridor in the proposed sketch plan. Ms. Karen Murray, 16527 Sycamore Street NW, stated her first concern has to do with the character of Andover. She stated Andover is at the edge of the suburbs and has rural characteristics. By removing the rural areas, Andover is becoming just another suburb. She stated she did not want that much noise by her house either because that is why she moved out to Andover. She asked what it will take to stop this development from changing to R -4. Chairperson Daninger stated the first step is to come to the meetings and voice opinions. Mr. Mike Bambino, 16480 Wintergreen Street, wondered when this area changed from Rural Residential to R -4. Mr. Carlberg stated this was slated as Rural Residential but in the past year, they have found some additional sewer capacity in the system which will provide for another 155 units in the area. It is still Rural Residential and the City has some steps to go through before it would get changed to R -4. Mr. Bambino asked if there was a sketch plan for rural development. Mr. Carlberg thought there might have been to begin with but the developer has brought the current sketch plan forward for the City to review. Chairperson Daninger reviewed the process this sketch plan will go through in the City process. Mr. Bambino asked if the homes will be built north of the pipeline. Mr. Carlberg indicated that the building pad locations have yet to be determined but no building can be Regular Andover Planning and Zoning Commission Meeting Minutes —September 10, 2013 Page 4 built on the easement. A building can be placed up to the easement and some building pads /lots could be eliminated once reviewed. Mr. Matt Sanders, 16395 Wintergreen, asked what if they cannot sell the land next to the race track and it is rezoned for multi -story condos. This will drive even more traffic down the roads and he has a special needs child along with another one in the neighborhood. How will they deal with the added traffic in the area. Ms. Hanson stated the R -4 zoning does not allow multi - family; it is all single family and R -4 is considered low density residential according to the Metropolitan Council. Mr. Sanders asked if there would ever be a way to rezone the land to allow for multi - families. Mr. Carlberg stated if this area is brought into the urban service area, it would be designated urban residential and the land use would be single - family, which is consistent with what is already there. Mr. Sanders wondered if in the future the capacity for water could change again. Mr. Carlberg stated there is always the possibility for that in the future with increased equipment efficiency but he did not think it would occur in the next twenty years. Ms. Lisa Ripken, 16410 Wintergreen Street, stated she has a lot of concerns. From a strategic standpoint, she knows the City has a Comprehensive Plan, there is a plan for development and zoning, and a plan on how Andover should be built out. She stated from a common sense standpoint, she does not think this plan looks very good because what she is not hearing are the timelines for the roads. She thought with the new developments there will be a lot of vehicles going down Wintergreen Street before new roads are created. She did not think the residents felt they had a voice when it comes to rezoning and density. She would like to see how the City is going to deal with traffic on Wintergreen Street, environmental issues, and green space. Ms. Elizabeth Forg stated this process feels very backwards to them. She thought the Planning Commission should indicate to the developer that the area is not zoned for what the developer wants so the project cannot go through. She wondered who has more rights, the developer or the property owners. She thought the Board should not vote for this because the land is not zoned for this type of project. Chairperson Daninger noted being on the Commission, they do not have any interest in money; they are looking at the sketch plan. He stated the Commission is listening to the residents. Ms. Aasness stated she was able to attend a meeting this spring where Met Council was present and they were giving a geological one -on -one on the land in Anoka County indicating the issue of run off and the aquifer in Anoka County. She wondered if the study has been completed. Regular Andover Planning and Zoning Commission Meeting Minutes — September 10, 2013 Page 5 Mr. Carlberg stated there are two issues in Ms. Aasness' comments, one is rain and storm water run -off and those regulations are getting more restrictive as time goes on. The other issue is the sanitary sewer and use of the residents, which is different than treating storm water. Ms. Ripken asked if there is a timeframe for construction of the roads. Mr. Haas stated there is no timeline and it is up to the City Council but he thought the City will wait for the other properties to develop around this proposed development. Mr. Bambino asked what the likelihood is of getting a crossing at the railroad tracks. Mr. Haas stated the City did take right -of -way for a crossing but he did not think there would be a crossing because of other crossings in the area. He stated this decision will ultimately be up to the City Council. Motion by Gudmundson, seconded by Cleven, to close the public hearing at 8:08 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Koehler) vote. Chairperson Daninger stated an applicant does not need to come forward with the sketch plan. They could have come forward with a development plat for approval. Chairperson Daninger noted, for the record, that the City received a letter from Pete Steiger, 16473 Wintergreen Street that will be a part of public record and forwarded to the City Council. Commissioner Holthus asked how a street becomes a State Aid Street. Mr. Haas stated collector streets are based on development and they do look at traffic. He explained to the Commission how the roads are categorized. Commissioner Holthus asked what the procedure was to change the land use on property. Ms. Hanson stated this will go forward to the City Council and based on the decision, staff will start the Comprehensive Plan Amendment process. Commissioner Holthus stated the access point is not required for development to proceed. She asked if a sign would be erected indicating temporary cul -de -sac. Mr. Haas stated that was correct. Commissioner Holthus wondered if the road is adequate for the Fire Department or would a second access need to be installed and if so, where would it go into. Mr. Haas stated this could be over written by the City Council until another development is done. Commissioner Holthus wondered what the liability would be if the City Council overruled the Fire Department. Mr. Carlberg indicated they have liabilities throughout the City currently because of long cul -de -sacs. Regular Andover Planning and Zoning Commission Meeting Minutes —September 10, 2013 Page 6 Commissioner Gudmundson asked if the lots up and down Sycamore are two and a half acre lots. Mr. Haas stated they were. Commissioner Gudmundson asked if the two forty - acre properties are still privately owned. Mr. Carlberg indicated the City is working with the owner, Mr. Selmer, as open space but Mr. Selmer has not signed the purchase agreement yet. Once the property is acquired by the City, the City will need to do a roadway easement before it is purchased as open space in order to bring a road through. Commissioner Peterson asked if the future MSA road could be run along the north side of the property and if the City could have the developer pay for it. Mr. Haas stated it could. Commissioner Peterson asked on the sewer capacity, if additional development occurs downstream, would that lower the capacity and number of parcels that could be developed at this capacity. Mr. Carlberg stated the capacity has been figured into the total for the land that has not been developed in the lower part of the City. Commissioner Peterson wondered where they were at with the number of City lots and where they want to be. Mr. Carlberg stated at this point there are less than 80 urban lots available. Commissioner Cleven stated his understanding is that this is a preliminary plat and the lot sizes could change on future plans. Mr. Carlberg indicated this is a sketch plan so the lots could change in size and location in future plans. Chairperson Daninger stated the density is still Rural Residential and there is no talk about townhomes. He also noted there will be a temporary cul -de -sac. He wondered if there is a service road for the railroad tracks. Mr. Haas thought there might be an access road for the pipeline. Chairperson Daninger wondered if a fire truck needed to get into the development by another route beside the main road, could they get through. Mr. Carlberg used the map to point out the limited access through property to the north. Chairperson Daninger asked how many properties have R -4 zoning north of 167`h Avenue. Mr. Carlberg did not think there were any, this would be the first. Chairperson Daninger thought staff should look at the road layout to see if there is a better layout for roads. Commissioner Holthus agreed with Commissioner Peterson regarding the 167`h going west and taking advantage of the open space area. Commissioner Peterson stated it may be hard to sell lots along the railroad tracks so he would suggest a berm or tree lines to shield the area. He stated in comparing the lot sizes in Country Oaks to this plan, a lot are comparable except around the cul -de -sac area, which are considerably lower. He thought they could remove the cul -de -sac, lose some Regular Andover Planning and Zoning Commission Meeting Minutes —September 10, 2013 Page 7 lots, and increase the parcel size to make it more consistent with the rest of the development. Chairperson Daninger stated he would like to see another sketch plan, for comparison, with 2.5 acres per lot. He thought this development looks out of place with the other developments. He thought maybe the cul -de -sac should be removed and the lots reworked. Commissioner Nemeth concurred with Commissioner Peterson that the cul -de -sac in the middle does not fit. He also did not know what the long -range plan was to add an additional road so he felt that additional planning needed to happen for an additional access point. He agreed that there will be a lot of traffic going through Wintergreen Street. City Planner Hanson stated that this item would be before the Council at the September 17, 2013 City Council meeting. REVIEW PROGRAM MODIFICA TIONAND TAX INCREMENT FINANCING PLAN FOR DEVELOPMENT DISTRICT NO I AND TAX INCREMENT FINANCING DISTRICT NO 1 -6 FOR COMPLIANCE WITH THE CITY'S COMPREHENSIVE PLAN. Community Development Director Carlberg noted the purpose of this item is to review the Program Modification and Tax Increment Financing Plan for Development District No. 1 and Tax Increment Financing District No. 1 -6 for compliance with the City's Comprehensive Plan. Mr. Carlberg reviewed the information with the Commission. Commissioner Nemeth stated on the site it was noted there was landfill and environmental issues, which have been taken care of so the land can be built on and the City will not be liable for anything. Mr. Carlberg stated the only issue with this is that the land is close to the landfill, it is the restrictions of the landfill, not that the land is contaminated. Commissioner Gudmundson asked for clarification on the TIF. Mr. Carlberg reviewed what a TIF District is. Commissioner Gudmundson asked if the City will end up getting the full price for the property over time. Mr. Carlberg indicated they will likely not generate that much because the taxes based on the improvement will not get them to that level. But, the City in turn will tell the new business they need to create six more jobs over two to three years in addition to the hundred they are bringing into the community. The jobs will be at a minimum wage dictated by the City. Regular Andover Planning and Zoning Commission Meeting Minutes — September 10, 2013 Page 8 Commissioner Gudmundson wondered if this could hurt the City because the City would be losing money. Mr. Carlberg asked what is better, not receiving taxes for eight or nine years or having a parcel that will never develop. Commissioner Gudmundson wondered if the School or anyone else will lose money because of this. Mr. Carlberg stated they will not see their portion for nine years but there would not be a building on the site without assistance. He noted everyone understands that at some time, they will get a portion of the taxes. Commissioner Holthus asked what happens if Measurement Specialties goes out of business. Mr. Carlberg stated there are provisions within the TIF agreement that says they have to build a building of a certain size and a certain value and during the life of that district if they were to walk away, there would be provisions that the business would have to pay back the assistance. Commissioner Holthus asked with the development of this TIF District will they have to pay park dedication and trail fees. Mr. Carlberg stated they have not gotten to the site plan portion of this yet but they will have to do a commercial worksh'aet and look at dedication fees and other fees. Commissioner Holthus asked if they are modifying the 1986 TIF plan. Mr. Carlberg stated they are doing modifications to that plan and the new TIF plan references that. Mr. Carlberg noted the City will be creating a TIF District for the eight acres, which is a modification to the original plan. Commissioner Holthus thought the TIF plan coincides with their Comprehensive Plan so she would recommend they approve this. Commissioner Peterson wondered if this is consistent with the Comprehensive Plan and if they look at the housing/jobs mismatch in Andover, this is consistent with trying to bring more high paying jobs to the City that are not necessarily retail or weekend jobs. He thought the cost sharing for parking for the ball fields is a good idea and as far as the transportation improvements at Jay Street and Hanson Boulevard, he wondered if Wal- Mart was doing improvements to the corner because of additional traffic. Mr. Carlberg stated the City did a traffic study when the area developed and with Wal -Mart, they are not exceeding that study but Wal -Mart agreed to put in a right turn lane. Commissioner Peterson asked if the increment on this property goes to pay for any other transportation improvements to better access the park or the facility itself. Mr. Carlberg stated it would not. Their only access will come out at 139`h because of the way the road is constructed. He stated this project does not generate any additional traffic improvements out of the site. Regular Andover Planning and Zoning Commission Meeting Minutes —September 10, 2013 Page 9 Chairperson Daninger asked how many jobs will be created. Mr. Carlberg stated one hundred new jobs will come with the facility and then five to six additional jobs carrying over from their current place of business. Motion by Holthus, seconded by Nemeth, to approve Resolution R_ -13, finding the proposed modifications to be consistent with the Comprehensive Plan. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Koehler) vote. OTHER BUSINESS. Community Development Director Carlberg updated the Planning Commission on related items. Commissioner Peterson stated the Nightingale reconstruct project is almost done and he has received a lot of great feedback on the road. He wanted to thank Mr. Haas and Mr. Berkowitz for a great job. ADJOURNMENT. Motion by Holthus, seconded by Nemeth, to adjourn the meeting at 9:08 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Koehler) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. ANL6 W A 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 &b SUBJECT: Public Hearing: Rezoning request (13 -02) 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 8, 2013 INTRODUCTION The Planning and Zoning Commission is requested to review the proposed request to rezone the parcel located at 15873 Linnet St NW from R -1 Single Family Rural to R -4 Single Family Urban as requested by Scott Allen. DISCUSSION As with all rezonings, the City must meet one of the two following findings that are provided by state statute: 1. The original zoning was in error. 2. 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 the property 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 and Rezoning Maps Res ectfully submi ed, r� 5 Stephanie L. Hanson Cc: Scott Allen, 15873 Linnet St NW, Andover, MN 55304 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 1.58 acres located at 15873 Linnet Street NW, PIN 15 -32- 24 -43 -0115 legally described as: 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. 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 15th day of October, 2013 CITY OF ANDOVER ATTEST: Michelle Hartner, City Clerk Michael R. Gamache, Mayor A c r •r 11 a r 1`�1DOVE ^ Location Map M36 m31 W12 1itS1 15873 Linnet Street NW 761STAW ISD42 i `I 1 i 59TH LN _ 159TH LN 4 ! Isom i �..... s w' : lacc J my 13614 13611 r L97L 1250 L947; 1933 141 I % I 2 14111, 'on It23 162a� 1796 i 1799/ ISffTH W 154TH LN ISM LN 15636 [ 1369 Ists4 I r' N 15624 i 14660 J ISt37 {1 Z 15111 Tsui 15622 i I i..�.34_._._ 156995 Iwx 15622 _ 13631 I I c ml3 i 1 Isom L I 13627 f 13612 .._ �... _.__...._. W ) W _...__.�....._ islet f i 15621 15672 19 ISQr! /AVF 1161 I+ 14116 i 4 ; _t •' I is; Ls »t 151TMAY7; �` - �_ r •`� f` --`_. iii L77 Lstot 154oF � 17t66� + LSt10 I (.� - -� � 1 1SW7 ' � lSM7 1l7N m3B mli 13764 ` I I ' 14763 13740 i 137A 147ft 15747 1S782 15627 w4ft%wCIwokAh* Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and are not intended to be used as such. The maps N and documents are created as part of the Geographic Information System (GIS) that compiles records, information, and data from various city, county, state and federal resources. w E Copyright © 2013 City of Andover, All Rights Reserved Printed 09/27/2013 g ANL6 1'Q F 61Y 15873 Linnet St NW Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and M are not intended to be used as such. The maps and documents are created as part of the Geographic Information System (GIS) w E that compiles records, information, and data from various city, county, state and federal resources. Copyright © 2013 City of Andover, All Rights Reserved s Rezone to R4 Printed 10/01/2013 C I T Y O F ,NDOVE 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-'3T" SUBJECT: PUBLIC HEARING: Lot Split (13 -01) to create one new buildable urban lot. The property being located at 15873 Linnet St NW, Andover. DATE: October 8, 2013 INTRODUCTION The property owner proposes to create a new 0.26 acre (11,480 sq /ft) R -4 urban lot and retain a 1.74 acre R -4 lot for the existing home; as requested by Scott Allen. DISCUSSION Minimum District Provisions Minimum lot size requirements in the R -4 district are 11,400 square feet. The new lot will be 11,480 sq /ft and the lot with the existing house will be 1.74 acres. Municipal sewer and water services will be available to the new lot. Connections to municipal services will be made as required by City Code. 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 with current septic and well codes. 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 % 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 0.26 acre parcel will be accessed from Linnet St NW; through the Cardinal Ridge development. Utility Easements The newly created lot will be served by municipal services and is required to have a minimum 5 -foot easement along the side and rear lot lines and a 10 -foot easement along the front lot line. The applicant shall provide a minimum 5 -foot easement along the southern property line of the existing lot. 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. HISTORY On August 20, 2013, City Council approved a variance request for Scott Allen to allow a lot split for this parcel more than one (1) time in any three (3) year period. Later this evening, Planning Commission will be presented with a proposed zoning text amendment that will allow this type of lot splits more frequently than every three (3) years under certain circumstances. ACTION REQUESTED Staff requests Planning and Zoning Commission consider recommending approval of the lot split. The Planning Commission is asked to hold a public hearing, review the proposed lot split 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 Location Map Aerial Photo Lot Split Drawing Res ctfully bmitte , 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 IN THE R -4 SINGLE FAMILY URBAN DISTRICT FOR THE PROPERTY LOCATED AT 15873 LINNET STREET, PIN 15- 32 -24 -43 -0115 NW LEGALLY DESCRIBED AS: 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. 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; 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 tot split 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 5 -foot easement along northern side of the newly created urban lot and 5 -foot easement on the southern lot line of the existing parcel. 3. Boundary surveys showing drainage and utility easements and legal descriptions shall be provided and signed by a licensed land surveyor. 4. Legal docu vents 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 15th day of October, 2013. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor 15873 Linnet Street NW cC t T V U f 1'�tDOVE Location Map _ _ 161STAV( 7675iAN!. 1012 r - { 2031 `1q¢; Nl - LW32 IGMS t 10 1013 - i 1W62 1 LOOM 15943 Q .. 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The maps N and documents are created as part of the Geographic Information System (GIS) that compiles records, information, and data from various city, county, state and federal resources. 1Y E Copyright C 2013 City of Andover, All Rights Reserved Printed 0912712013 5 15873 Linnet Street N Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and are not Intended to be used as such. The maps and documents are created as part of the Geographic Information System (GIS) that compiles records, information, and data from various city, county, state and federal resources. w E Copyright ® 2013 City of Andover, All Rights Reserved Printed 09/2712013 9 °p u M \ CO M u <i i z IJ_ I F I � I I I I I I I I I I i I C / C / o W, C O C C y V) LI I-- North Iine of the Southwest Quarter of the Southeast Ouster 1 of Section 15, Township 32, Range 24 N88'42'54 "W \ \ — I \ r \ r \ / r! -Ape, i� -A gi r10� 11 a YN li I;► „ I $OO D aa p$H O pqpq t �•O V opYG 4$1F� 0 LIJ .g`pp C � , 30.. 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BE cN.XceD lO No 55 THAN 695.4 \ I I } / LI i IN PmPoSER W iRCR Vun \ CF.901 I - / I I �y WAiu sNUrorr I �>• .q 'FBLO Oi •FBLO "1 - - PXOr9iED Ixxx c DuR ` j 'E9 I :r9LQ + _`F6Le •FaLD c - rRRPRS[o SET ro¢E rRwos[v mxrouR � - / I __I i ' � ' � � RT.P9 PRLm6ER SeLT CllV11gX Q , 1.A r9Rf>][R 911E lI1MMfA2 LM[ ER[6CNE' aYEMIDW •fl -•- m LE ARROW ET ST .Oe6ssx _ °___ PXOMS[n Ru Au \� 111 I / / 1 Ir [♦ Ytl v� I v iv iI lry J -�NR _ t I REX�L l v[x AteESS[s I rl / �, i I I I 1 1 1�• I CE7NOWifILAlna I / I I ^I © n°PRSCO wwo[ Lou1wX I I I I I I O> I 3 w.Rm.R INI[GII [MVAIrox IIE 1 1 1 Mse.9 LI iii I III I c J I III I I I , I mr'eR°O`, : wo,D1 WGL EMVU.W1 1 -� I _____ -_�I.� ei`___`•_ - _____�I I III Li I 1 ran XaME mE UJ I _ I I I I I III I I I I I rrevER�:ti uWU uiNT woxuuT ADA . rw XASdMI r.xour _ _ i • i °' .E - snn enRr uoRRtn Etno . M Exm rAUmur s NOTES. 6. UPON COMPLICATION OF SITE GRADING, A PORTION }.y - u Ali[ RR° a�0rm n TW> c4°aY1a�� 1. REVEGETATION SHALL OCCUR WITHIN 14 DAYS OF ROUGH GRADING. S. CONSTRUCTION TRAFFIC AND EQUIPMENT SHALL BE OF THE INFILTRATN)N AREA SHALL BE BOGGED. AFTER 2. SEE SHEETS G6. G7 AND G8 FOR DETAILS. NOTES AND TABLES. KEPT TO AN ABSOLUTE MINIMUM WITHIN THE SODDING THAT PORTION OF THE POND. IT SHALL BE Fi 3. SITE DISTANCE REQUIREMENTS ARE MET AT INTERSECTIONS. INFILTRATION AREA OF THE POND, BELOW THE 897.0 FLOODED FOR VERIFICATION OF THE 0.6 in /hour 4. SEE SHEET 7 FOR LOT TABULATION AND STORM SEWER SCHEDULE. CONTOUR. INFILTRATION. FEE, A JIN 19 Ill wa FRM "` ^.:.: ": ";�•`1""""""r� c"w Hakonson Anderson Assoc., Inc. WINKS LAND DEVELOPMENT, INC. GRADING, DRAINAGE AND EROSION °3T CMl EMI...n .n LAM sY,..1Wn CONTROL PUN 11EA 5601 Th.n1.n I .., An>k.. Mlnn.. k 5530) 763 -4n -USG FAX 763 - 427 -MO CARDINAL RIDGE 2ND ADDITION CITY OF ANDOVER, MINNESOTA re 7 � 6RM Du Xa ]bffi6_ ®TAE W.x.h.k>man -R M.nsn.ean IRRlIt .,.� - • 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: Comprehensive Plan Amendment (CPA) (13 -01) Consider the following Amendments to the City of Andover Comprehensive Plan: to Include 83 -acres into the Metropolitan Urban Service (MUSA) Area; to Change 83 -acres of land from RR — Rural Residential Density to URL — Urban Residential Low Density; to Change 6.39 acres of land from GC — General Commercial to URM — Urban Residential Medium Density; and, to Change the Density Range for URL - Urban Residential Low Density and URM - Urban Residential Medium Density. DATE: October 8, 2013 INTRODUCTION The City of Andover on behalf of Povlitski Properties LLP, Merril and Viola Putnam, and Ganter Family Limited Partnership are requesting a Comprehensive Plan Amendment. DISCUSSION Consider Including of 83 -acres into the MUSA and change the land use of 83 -acres from RR- Rural Residential Density to URL — Urban Residential Low Density: Currently the 83- acres of land is not located within the 2020 MUSA boundary or within the current stage of sewer expansion. The city Engineering Department completed an evaluation of the city's sewer capacity in this particular area of the city and detennined there is enough capacity for an additional 155 units to hook up to the municipal sanitary sewer system. City Council has shown support to expand the sewer area. The results of the sewer study triggered Merril and Viola Putnam and the Ganter Family Limited Partnership to request a CPA for sewer expansion and land use change to their properties. Because of the close proximity of Richard Kuiken's property city staff contacted him. Mr. Kuiken is not interested in including his land into the MUSA area. The properties are located directly north of the Country Oaks West plat; accessed by Wintergreen Street NW. Currently the 83- acres of land is not located within the 2020 MUSA boundary or within the current stage of sewer expansion. The city Engineering Department completed an evaluation of the city's sewer capacity in this particular area of the city and determined there is enough capacity for an additional 155 units to hook up to the municipal sanitary sewer system. City Council has shown support to expand the sewer area. With the expansion of MUSA, the land use and zoning of the properties will need to be changed to accommodate higher density development. This will ensure constructing sewer and water to the properties is economically feasible. Currently the lands are slated for rural residential development (2.5 acre lots); a change in the land use to urban residential low density would allow a housing density range up to 4 units per acre. Consider to Change 6.39 acres of land from GC — General Commercial to URM — Urban Residential Medium Density: Since staff was in the process of a CPA, Brad Povlitski of Povlitski Properties LLP also submitted a CPA request to change the land use on the 6.39 acres he owns from GC — General Commercial to URM — Urban Residential Medium. The property is located north of the Walmart site along 139th Avenue and is accessed through the Parkside at Andover Station residential development. The types of uses allowed in the General Commercial areas include automobile service stations, restaurants /live entertainment, and medical clinics. The change in the land use to Urban Residential Medium would allow a housing density that is similar to the density for Parkside at Andover Station (average of 4.5 units per acre); therefore would be consistent with the surrounding lands. Consider to Change the Density Range for URL - Urban Residential Low Density and URM - Urban Residential Medium Density: To ensure an adequate supply of urban land to accommodate future regional growth the Metropolitan Council (Met Council) monitors the regions' land supply. The Met Council has monitored the City Of Andover residential plats since 2000 and requires a minimum overall urban density of 3 -5 dwelling units per net residential acre in sewered areas. According to the Met Council records, Andover sewered areas have been developing at a net density of 3.25 acres (acreage for streets, wetlands, and parklands is not part of the equation). The Plat Monitoring table has been attached. To ensure the city maintains an urban density of 3 -5 units per acre, Met Council recommended the density ranges in the urban areas be adjusted. City staff worked with the Met Council on the changes. The proposed text changes are attached and are as follows: Urban Residential Low Density URL) Current Density Range: 1.5 to 3.6 units per acre Proposed Density Range: 1.75 to 4 units per acre Urban Residential Medium Density(URM) Current Density Range: 1.5 to 5 units per acre Proposed Density Range: 4 to 5 units per acre Review Criteria The Comprehensive Plan establishes criteria for review of amendment concerning a proposed land use change. The Planning and Zoning Commission should consider the amendments based on the following criteria: 1. Conditions have change since the present land use designation was established such to warrant the proposed amendment or the present land use designation is in error. 2. The proposed land use is compatible with surrounding land uses and with the goals, objectives and policies in the Comprehensive Plan. 3. There is capacity of public systems, facilities, and service to serve the proposed land use and capacity of these systems to serve other planned land uses is not adversely affected. 4. Agreement can be reached for the applicant of the proposed land use to pay for any increased capacity of public systems, facilities and services required to serve the proposed land use. 5. Potential impacts by the proposed land use on natural resources including vegetation, wetlands, floodplain and other natural feature's can be avoided or sufficiently mitigated as determined by City Council. 6. To ensure a transition or buffer between urban and rural residential zoning districts. Next Step in CPA Process If the proposed changes are approved by the City Council, city staff will make the necessary text and map changes in the Comprehensive Plan. The CPA will then be submitted to the Met Council for review and approval. Staff hopes the CPA will be finalized no later than January 2014. Staff Recommendation Staff recoimnends the Planning and Zoning Commission to hold a public hearing, consider the proposed CPA's and to make a recommendation to the City Council. If approved by the City Council, this amendment will be forwarded to the Met Council for their approval. Attachments Resolution Location Map 83 -acre MUSA Expansion and Land Use Change Map 6.39 -acre Land Use Change Map Plat Monitoring Table Draft Change to Density Range Document Respectfully submitted, Stephanie L. Hanson Cc: Carl Ganter, 17130 Ward Lake Drive, Andover, MN 55304 Brad Povlitski, 13643 Jefferson St, Ham Lake, MN 55304 Merril and Viola Putnam, 718 Polk St, Anoka, MN Scott Wold, 9457 State Hwy 10, Ramsey, MN 55303 Sean Weinand, 4065 Chelsea Rd, Monticello, MN 55362 Dave Nash, 10250 Valley View Road, Suite 123, Eden Prairie, MN 55344 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO INCLUDE 83 - ACRES INTO THE METROPOLITAN URBAN SERVICE AREA (MUSA), CHANGE 83 - ACRES OF LAND FROM RR - RURAL RESIDENTIAL DENSITY TO URL - URBAN RESIDENTIAL LOW DENSITY; CHANGE 6.39 ACRES OF LAND FROM GC - GENERAL COMMERCIAL TO URM - URBAN RESIDENTIAL MEDIUM DENSITY FOR PROPERTIES LEGALLY DESCRIBED ON EXHIBIT A; AND TO CHANGE THE DENSITY RANGE IN THE COMPREHENSIVE PLAN FOR URL -URBAN RESIDENTIAL LOW DENSITY AND URM - URBAN RESIDENTIAL MEDIUM DENSITY AS DESCRIBED IN EXHIBIT B WHEREAS, Merril and Viola Putnam and The Ganter Family Limited Partnership has petitioned the City of Andover to include their 83 — acres of property into the MUSA and to change the land use designation from Rural Residential (RR) to Urban Residential Low Density (URL), and; WHEREAS, the property is not within the MUSA, and; WHEREAS, analysis of the City's sanitary sewer and water trunk system has determined that sufficient capacity exists to serve the subject property, and; WHEREAS, Povlitski Properties LLP has petitioned the City of Andover to change the land use designation of 6.39 — acres from General Commercial (GC) to Urban Residential Medium Density (URM), WHEREAS, the property is within the MUSA, and; WHEREAS, analysis of the City's sanitary sewer and water trunk system has determined that sufficient capacity exists to serve the subject property, and; WHEREAS, the City of Andover has petitioned to change to density range of the Urban Residential Low Density (URL) and the Urban Residential Medium Density (URM), and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested, and; WHEREAS, the Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding land, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and adopts the following amendments to the Comprehensive Plan, subject to review by the Metropolitan Council: 1. Include of 83 -acres into the MUSA and change the land use of 83 -acres from RR- Rural Residential Density to URL — Urban Residential Low Density. 2. Change 6.39 acres of land from GC — General Commercial to URM — Urban Residential Medium Density. 3. Change the Density Range for URL - Urban Residential Low Density and URM - Urban Residential Medium Density. Adopted by the City Council of the City of Andover on this _ day of , 2013. CITY OF ANDOVER ATTEST: Michael R.Gamache, Mayor Michelle Hartner, Deputy City Clerk EXHIBIT A — PROPERTY DESCRIPTIONS 1. Include eighty -three (83) acres into the Metropolitan Urban Service Area located north of 161St Avenue NW and Evergreen Street NW, PIN's 11- 32 -24 -43 -0001, 11-32-24-41 - 0002, and 11- 32 -24 -42 -0001 legally described as: SW 1/ of SE 1/ Sec 11 Twp 32 Rge 24, and the NE '/ of SE 1/ of Sec 11 Twp 32 Rge 24, Ex R/W of BN R/R, together w /that part of SE 1/ of SD Sec Lyg Wly of Wly R/W Line of BN R/R, Ex Rd, Subj to Ease of Record, and SW 1/ of NE 1/ Sec 11 Twp 32 Rge 24. 2. Change the land use of eighty -three (83) acres from RR —Rural Residential Density to URL — Urban Residential Low Density located north of 161 St Avenue NW and Evergreen Street NW, PIN's 11- 32 -24 -43 -0001, 11- 32 -24 -41 -0002, and 11- 32 -24 -42 -0001 legally described as: SW 1/ of SE 1/ Sec 11 Twp 32 Rge 24, and the NE `/ of SE 1/ of Sec 11 Twp 32 Rge 24, Ex R/W of BN R/R, together w /that part of SE '/4 of SD Sec Lyg Wly of Wly R/W Line of BN R/R, Ex Rd, Subj to Ease of Record, and SW Y of NE 1/ Sec 11 Twp 32 Rge 24. 3. Change the land use of approximately 6.36 acres from GC —General Commercial to URM — Urban Residential Medium located north of 139th Avenue NW and Martin Street NW, PIN 34- 32 -24 -13 -0017 legally described as Outlot A Walmart at Andover Station. EXHIBIT B Urban Residential Low Density (URL) Minimum Lot Size 11,400 square feet Density 1.75 to 4 units per acre Maximum PUD Density 4 units per acre City Utilities Required Corresponding Zoning Districts R -4 Single Family Urban Residential Type of Development Single Family Detached Housing Urban Residential- Medium Density (URM) Minimum Lot Size Variable Density' 4 to 5 units per acre Maximum PUD Density 6 units per acre City Utilities Required Corresponding Zoning Districts R -4 Single Family Urban Residential M -1 Multi le Dwelling Medium Density Type of Development Single Family Detached, Two Family Residences Town homes and Condominiums with private entrances AKb_6V_9^City of Andover IF!- rte: r 7 { i 7j r14'_1! + �� n o-� _ JJA A•1. ��1.t w �s i fit..' A- ht+i •i iRb•� v u MUNDUKE �I {<. • cDO'' ... -rm �3 .r,l -� lMttY uOlk ` . � - < <h `r Y Y : ! ' - y x �Zw mod'v �07 I Ag U LT - �- k^v [ 1 t -- I 1 *t yS - .. %f ", ,cnoc K�ED wf •i rs - -a ,._. . ...f' WARD URE, 1 1 .. 1 I coot ROM U LT - �- k^v [ 1 t -- I t �3-1�G2� �.XPArNStva oti= OLASA LAND USA C-4 4A -t-JG � FR ot�1 1Z - I 12Lu ¢,6t- Try P.- I-( U R -bA-tll } d �� il� ?. V _ - r _ HM "a It Y4 }} s; 4t dx _ dd r rw nUU �4 �. -� . , tv• 3q A�C� -� Law o LASS BUNKER IARE $ � CIC - GEjjZp_At✓ Gn"O?t IA-G M I — w U 1'Tl !7. W_"L-t —t N(4 �Nf.D1LA" -DE rJS tTY � evert: Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and are not intended to be used as such. The maps and documents are created as part of the Geographic Information System (GIS) that compiles N records, information, and data from various city, county, state and federal resources. k n Copyright © 2013 City of Andover, All Rights Reserved Printed 10/0112013 s WARD URE, 1 1 .. 1 I �3-1�G2� �.XPArNStva oti= OLASA LAND USA C-4 4A -t-JG � FR ot�1 1Z - I 12Lu ¢,6t- Try P.- I-( U R -bA-tll } d �� il� ?. V _ - r _ HM "a It Y4 }} s; 4t dx _ dd r rw nUU �4 �. -� . , tv• 3q A�C� -� Law o LASS BUNKER IARE $ � CIC - GEjjZp_At✓ Gn"O?t IA-G M I — w U 1'Tl !7. W_"L-t —t N(4 �Nf.D1LA" -DE rJS tTY � evert: Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and are not intended to be used as such. The maps and documents are created as part of the Geographic Information System (GIS) that compiles N records, information, and data from various city, county, state and federal resources. k n Copyright © 2013 City of Andover, All Rights Reserved Printed 10/0112013 s Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and are not intended to be used as such. The maps and documents are created as part of the Geographic Information System (GIS) that compiles N records, information, and data from various city, county, state and federal resources. k n Copyright © 2013 City of Andover, All Rights Reserved Printed 10/0112013 s ANLb6V9R* 1565 Land use change from: R1 - Rural to: R4 - Urban Legend 2020 MUSA Boundary Land Use Change MUSA Expansion Boundary MUSA Expansion & Land Use Change - 83 acres Z\ N 0 250 500 1,000 1 1 1 1 1 1 1 1 1 Feet 17000 16668 16683 16642 891 16608 16622 16572 886 834 16526 16527 16528 16440 16324 1697 I I Im I � i^1 l el A O T Ilk ",Urk'r it"K �E I C) I @i8 Ell C) sGnS V, I Land use change from: GC - General Commercial to: MI - Multiple Dwelling Medium Density O City of Andover 2012 Di - round. Idihe: tat mrean ! oiahefollowm 7 „s,.�3rYn.t>`r...A4,..�a�<,_3 _..: IL. e` ofResldenttaPDevelotnentandMowedDens ��rr.� a.^ra +:a�''�. +ysa'k.e..w.,�.A, IIL ,Ladtl'and:Dens Mal Is �::'+F�.•„', -.�:�: �','r'st,�' �,r_r,;s�„"k N.4Additional':Idformatlon and Comments - Plat Name Chesterton Commons North 2nd Addition MUSA Esp.? Comp Plan - Amand4 Rezaning0eavebiankit ': NA) Land Use 6"Itinadon (based on cays land use map) Allowed Density Ranee (based on tend"a) ,Units Allured (RangVNetAcros)': Number of Units - Total Units gross " Real& r Auea Wetlands water, bodies`. ponds Public Parks and Open blas Arladal '.Roads Right of Way, Other= !explain). Not Rests. Acres Not Demigr Gross ! Density Irduda any aft5wal mlevamhVmaOon, Includhq number ofadordable mils, dewlpeon ofoullots, - etF Yaer %aired 2000 Metropolitan Council Sun Notes Entered into QS? (Y or N) Numberof '- ..!Mats 1 - Y(es)or N(o) ,Y( -):or N(o) From To Es:LDIifNIDRINDRete:. Lower Upper Lower auto cak.) Upper( -w ealc.) Single Family. - faule- : Family SF*MF (auto calc.) Acres' Acres .Acres Acres Acres Auto ak. Autocsla. Mtoesic. -1 R-4 _ L 1 1 . .7 Grey Oaks _ N Y R -1 M -2 URH _ 6 14.4 184 441 - 52 .352 60.00 25.94 0 3.42 30.64 11.49 5.87 _ -- 2000 - 1 Natures Run N Y R -1 M -1 URM 4, 6 35 53 54 0 54 _ - 36.10 18 0 3.78 5.5 8.82 6.12 1.50 5.5 acres deeded to MPC_A as landfill buffer - 2060 _ _ 1 Red Pines Fields _._ N Y RR -1 R -0IM-1 URWRM - 1 6 44 264 101' 0 101 66.54 21.62 0 _ 0.98 0 43.94 2.30 1.52 2000 _ 1 Sunddge _ _ N Y R -1 M -2 URM _ 4 6 38 57 35 0 35 9.70 0.23 0 0 0 9.47 3.70 .61 _ 2000 _ - _ 1 Townhomes of Woodland Creek N _ Y R -1 _ - M -1 URM _ 4i 6 19 29 18 0 18 _ 4.82 0 _ D 0 4.82 3.73 3.73 _ _ _ 2000 _ 1 Woodland Estates 2nd Addition N N R•1 R-0 URL 1 _ 4 37 147 70 _ 0 70 45.71 8.97 _0 0 0 0 36.74 1.91 1.53_ -- _ _ 2000 _ 1 Woodland Oaks N N R -1 R-0 URL 1 4 151 76 0 76 38.93 - 1.21 0 _ D 0 37.72 2.01 1.95 _ - 2000 _ 1 2000 Total ,' " 40 :1196 445 ' 00 i- 745 ' ,' 275.84 76.38. 0 8.18 5. 185.78 4.01 2 70 2000 Total 8 Creekside Estates 2nd Addition N N R -1 - R-0 URL 11 4 2 8 5 0 5 5.7 3.51 0 0.24 0 1.95 2.56 0.88 2001 1 Devonshire Estates N Y R -1 M -2 URH 6 14.4 7 17 8' 0 8 1.21 0 0 0 1.21 6.61 6.61 - 2001 1 2001 dotal , :''` ., - - �: .... .:25 . 13 s 0 ? 13 'x.'6.91 3.51 , - "0: "0.24 ,- • 3.16 4.11 -:1.88 s - 2001 Total '„ .:...., - 1_ ., f - -2 Aztec Estates• N Y R 1 URM 4I 6 48 72 47 0 -" 47 30.6 18.6 0 0 0 12 3.92 1.54 2002 1 Constance Corners _ _ N N R -1 R-0 URL _ 1 i- 4 20 82 42 i 0 42 36.80 13.82 0 - 2.57 0 20.41 -206-1.14 -- _ 2002 - - _ _ 1 Foxbur h Grossing 9 9 N N R -3 R -4 URL 1 4 3 13 13 j 0 13 6.25 1.39 0 1.42 0.1 3.34 3.89 2.08 -- 0.1 acres encumbered by overhead transmission line easement outside of wetland /bond area. _ 2002 -- _ Shady Oak Cove N N R•1 R -4 URL 1: 4 8 30 16 - 0 16 12.46 4.45 0 0.48 0 7.53 2.12 L28 - 2002 _ -- 1 Woodland Estates 4th Addition N N R-1 R- URL i' 4 34 136 81 0 81 35.92 154. 0 27 0 34.11 2.37 2 26 2002 1 113 - = "334 - " 199: , . 0 .: ;-199 122;03 ., ,' :39 8 ? 0.27 '� i4.47 = 0.1 • 77.39 •" : •.2.57 , - ::1.63.. I 2002 Total ; ; , 5 Bunker Lake Village _ N Y LB R -4 MDRILC _ 31 27 54 41 0 41 10.18 0.72 0 0 0,52 8.94 4.59 4.03 Other net reduction is prohibited area setback from landfill 2003 1 City View Farms` N _ Y R-4 M -1 URM - - 3i 6 4 8 7 0 7 1.34 0 _ 0_ 0 0 1.34 5.22 5.22 2003 _ 1 Donohue Creekside N N -- URL 1 4 3 11 3 0 3 2.96 0.15 0 - 0 0 2.81 1.01 1.01 "- _ 2003 1 Maple Hollow N R -1 R-4 URL 1 d 2 8 6' 0 6 2.22 0.23 0 0.06 0 1.93 3.11 2.70 _ 2003 _ _ ViII e (a,, Andover Station _ N N - GB M -2 URH 6' 14.4 48! .115 0 75 75 8.65 _ 0.64 0 0 0 8.01 9.36 8.67 _ _ _ 2003 1 Woodland Creek Golf Villas Y Y URL i 4 4 14 11 6 11 4.08 0.5 0 0 0 3.58 3.07 2.70 2003 _ _ 1 2003 Total ," " �87 t =210 68 f 75 w -' 143 29.43 - 2.24 ?' 0 ' ;006 '0.52 26.61 6.37 '486 2003 Total ', 6 Country Oaks West Y Y R -1 R 4IM -1 URL 1 4 42 82� 18 100 70.8 27.83 1.05 0.08 0 4L84 _ 2.39 1.41 _ 2604 1 Crosstown Meadows _ . _ N N R -d M -1 URL 1' 4 4 _167 15 0; 16 16 3.99 _ _ 0,17 0 - - 0 0 3.82 4,19 4.01 _ - - -- - - 2004 -- - - 1 Hanson Meadows_ _ N N _ URL - 1 4 1- 4 _ 0 3 1.47 0.38 -- 0 0 1.09 2.75 2.04 _- 2004 1 Miller's Woods - N Y R -1 R -4 URL _ 1 4 138 89, _ 0 - 0 89 43,16 7.93 1.65 __0 0 1.04 0.7 0 0 0 _ _ 34.53 10.39 2.58 2.60 2.06 2.06 _ _ _ - _ 2004 2004 2004 _- _ - _ 1 1 1 _ Oakview Park N N R -1 R-0 URL _ 1 4 _35 10 42 27. 27 13.08 Oakview Park 2nd Addition - N N R -1 R-4 URL 11 4 2 8 - 4' - 0 4 2.56 0 0 0 2.09 1.91 1.60 _ _ - _ Prairie Cove N N R -1 R -4 URL _ 1 � 4 4 14 - 8 0 8 4.80 1.21 121 0 0 __ _ 0 3.59 2.23 1.67 _ 2004 - _ 1 Sophie'sManor N N - R -1 ,R -4 URL 1 4 19 77 _ 51 0 51 35.32 15.44 D D.7 0 19.13 2.67 1.44 _ _ - 2004 - __ Whispering Acre _ N N R -1 R -d URL _ 1 4 1 2 3! 0 3 1.06 0.48 0 0 -0-058-517-283- 2004 - _ _1 1 Woodland Estates 6th Addition N N R -1 R -4 URL 1 4 36 143 90' 0 _ 90 40.20 4.36 0 0 0 35.84 2.51 2.24 - - 2004 _ - 1 2004 Total , 153 612, 357 s 34 :• 391 8 51 0 5 216.38 -255--046 , 59.91 = 2-.09 1.48 , 0 , _ 152.9 c 2 56 , * 1.81 2004Total X70 Birch Point Estates Y Y R -1 'R4 URL -" 1 _ 4 2 0 0 0 2.09 2.39 1.96 - 2005 1 Grey Oaks 2nd Addition Parksida @AndoverStation _ N N N Y _ GB IM -2 NBIPUD- URM 0. _ 411 0 6 0 67- 0 101 41 0 _ _ 0 f10 4 110 6.43 19.8 0 2.82 0 0 _ 0 0 0 0 _ _ 6.43 16.86 0.62 6.52 0.62 5.59 Revised PUD changed use from commercial to single family residential. _ 2005 2005 _ _ _ _ 1 1 Sophies South N N R -i R-0 URL 1 4 34 135 85- 6 85 43.08 7.06 __ 0.79 1.55 0 33.68 2.52 1.97 _ - _ _ - 2005 _ _ _ 1 2005 Total _ 103 '244 94' 110 :' 204 71:74 1034: 079 '155 :.0 59.06. 3.45 `2.84 __ _ 2005 Total _ _ .4 Cardinal Ridge N N _ R 1 R 4 _URL _ tl 4 12 50 34'1 0 34 13.66 1.19 0 0 0 12.47 2.73 2.49 - - 2006 _ _ 1 Kensington Estates ith Add Shaw's Glen N N _ N N R -1 RA URL URL 1 1 _ 4 _ 4 5 3 20 14 12 - 10 0 0 12 - 10 5.43 5.18 0.83 1.72 0 0 0 0 _ 0.64 0 4.96 3.46 2.42 2.89 1.87 1.93 Other net reduction is prohibited area setback from landfill Excluding Lol i, Block 1 which will have future development 2006 2006 7 1 White Pine Wilderness Woodland D Wilderness N _ N N N R -1 R -1 R-4 iR -4 URL _ URL 1 1 4 4 29. 18 115 72 601 0 37 0 60 37 51.93 46.35 -_- 22.55 23 61 0.47 4 8 _ _ 0.09 0 0 0 28.82 17 94 - 2.08 2 06 1.16 0 80 -- Park area reduced by 0.30 acres for pond in park area Park area reduced by 11.86 acres for wetland in park area 2006 --2006 _ - - _ 1 1 2006. Total +' _- 58 ;271 153 ` 0 ' 153 123.55 499 ":. 5.27 ";'. 0.D9 `0.64 67.65 - 2.26 ' r1.24 ',.. :: 2006 Total r i5 Hickory Meadows N N R -1 R -4 URL _ URL 1; 4 15 58 34' 0 34 29.94 2.74 0.37 0.94 11.34 14.55 2.34 1.14 11.34 -acre Oullot A removed from total acres as 800dplainlfuture development. Park area reduced by 002 acres for pond In park area i 2007 1 Woodland Estates 3rd Addition N N R 1 R 4 1 4 5 19 13 0 13 5.58 0 65 0 0 0.16 4 77 2 73 2 33 0.16 outlot for future combination to achieve a lot in next phase 2007 1 2007 Total ' - _ ' 19 "'.77 47 f 0 ': ` 47 35.52 3 39 ''. 0.37 `' 0.94 -, 11(5 19.32 _ ', 2.43 :1.32 >° - A 2007 Total ' -2 2608 NO PLATS 0- 0 0 0 0i 0 0 0 0 0 0 0 0- 0.00 0.00 NO PLATS APPROVED 2008 0 20087otal ,. •:_ -� .'. - 0 0 .. 0 -0 -' 0 ;0 0 0 '.' 0 .' ,o .' 0 "_: 0.00 - ;000 - 2008Total _ ;0 Cardinal Ridge 2nd Addition N N R-1 R-0 URL 1.5 4 6 17 14 D 14 4.36 0.2 0 0 0 4.16 3.37 3.21 2009 1 2009 Total _ _ 6 '17 14 s ; 0 :- 14 .4.36 0.2 ' 0 � 0 -0 -4.16 . 3 37 '3 21 �� 2009 Total -1 2010 NO PLATS 0 0 0 0.00 -0.00 - 2010 - 0 2DtO Total 0 -'. 0 0 :0 , 0 "' 0 ' 0 -.0 0 0.00 0.00 +. 2010 Total =0 2011_Total 11' 0 , ": 0 ->0 ' 0 '.: D `' 0 0 0 0.00 '000 - 2011 Total _ -_ .'0 Arbor Oaks Y Y URH 6 L:�t 0 36 70 i D 70 36 3.00 21.78 0.00 0.00 0.00 0.00 0.00 0.00 _ 0.00 0.00 3.00 21.78 23.33 165 H 23.33 1.65 Sr, Assisted Housing PUD maxis 14.4 UN /AC. Lots were previously part of Grey Oaks plat and were designated as commercial. CPA changed property to URH. 5.56 UN /AC. PUD max is 6 UN /ACPUD Amendment/prelim plat reduced number of units in phase 1 from the planned 24 attached townhomes to 9 single family units and increases the number of units in phase 2 from 33 detached lwnhomes to 36 single family. 2012 2012. First platted in 2000 as part of Grey Oaks. _ Y Y 1 Parkslde At Andover Station 3rd Addltlon Y N I URM 1.5' 1 2012To1a6, "' -- - `36`- 70 106 '24.78 0 0 ',' 0 -0 24.781 -428 - ( ` 2012 Total `2 C I T Y O F NDOVE 2008 Comprehensive Pian Update City of Andover Land Use Districts Land use districts are established to ensure compatible development and to protect natural resources and amenities. The district definitions provided below are intended to state their purpose, provide location criteria and describe the relationship of each district with other land uses. RESIDENTIAL LAND USE DISTRICTS Rural Residential (RR) district provides an area for low intensity residential development in areas outside of the Municipal Urban Service Area (MUSA) that will not be served by municipal sewer and water. The minimum lot size is 2.5 acres to provide sufficient space for on site sewer and water facilities and to prevent dense development that would create an adverse impact on municipal and regional infrastructure. However, smaller acreage lots exist in areas subdivided prior to 1978 and in the two previously approved rural planned unit developments: Nightingale Preserve and Timber River Estates. This district must be protected from higher intensity land uses, including the Urban Residential Low Density Land Use District, with appropriate transitions. This district also accommodates agricultural land uses. Minimum Lot Size 2.50 acres Density' 0.4 units per acre City Utilities None Corresponding Zoning Districts R -1 - Single Family Rural Residential R -2 - Single Family Estate R -3 - Single Family Suburban AP —Agricultural Preserve Type of Development Single Family Detached Housing, Agriculture Urban Residential Low Density (URL) district is established to create cohesive neighborhoods of single - family detached housing within the MUSA and with access to municipal sewer and water. Residential lots within this district are sized to allow efficient utilization of municipal infrastructure as well as to provide an area large enough to accommodate housing market demands. These neighborhoods must be protected from higher intensity uses with appropriate transitions. These transitions include natural features such as trees, wetlands, streams or major changes in topography. Man -made elements such as streets, parks or earth berms in combination with landscaping are also appropriate. When adjacent to arterial roadways, additional setback distance, landscaping and berming are required. Facilities that generate noise, traffic, and /or glare also require major separation from these neighborhoods. Minimum Lot Size 11,400 square feet Dens' 4.5 1.75 to " 4 units per acre Maximum PUD Density 4 units per acre City Utilities Required Corresponding Zoning Districts R -4 Single Family Urban Residential Type of Development Single Family Detached Housing 20 ? NDOVE 2008 Comprehensive Plan Update Urban Residential- Medium Density (URM) district provides areas suitable for a variety of attached and detached dwelling units. The URM district helps to address the need for life cycle housing with increased density and smaller lot sizes. This district, with appropriate transitions, can serve as a buffer between lower density residential and commercial districts and may also be appropriate along higher volume transportation corridors, such as collector and arterial streets. These neighborhoods are created as part of a planned unit development that ensures efficient distribution of density and to achieve appropriate transitions between uses of different intensity and transportation corridors. These transitions are achieved with a combination of landscaping, berming, physical separation and preservation of natural features. Minimum Lot Size Variable Dens' 4-6 4 - to 5 units per acre Maximum PUD Density 6 units per acre City Utilities Required Corresponding Zoning Districts R -4 Single Family Urban Residential M -1 Multiple Dwelling Medium Density Type of Development Single Family Detached, Two Family Residences Town homes and Condominiums with private entrances Urban Residential - High Density (URH) district provides additional affordable housing choices for all stages of the life cycle. Owner occupied as well as rental housing is permitted. Planned unit development review is used to establish standards that are specifically designed for each development. Potential sites for this district must be evaluated to ensure sufficient capacity of municipal infrastructure can be provided. Location near higher volume transportation corridors, such as collector and arterial streets is necessary to accommodate the increased level of traffic generated by this land use. Location near shopping, service, transit and park facilities is also desirable. Appropriate transitions between this district and other districts or transportation corridors are necessary. These transitions are achieved with a combination of landscaping, berming, physical separation and preservation of natural features. Minimum Lot Size Variable Density' 6 to 12 units per acre Maximum PUD Density 14.4 units per acre City Utilities Required Corresponding Zoning Districts M- 2 Multiple Dwelling High Density Type of Development Single Family Dwelling Two Family Dwelling Multi le Dwellin s Location Criteria Must abut collector or arterial street Best located near shopping, service, transit and parks 'Note: Land use districts regulate gross density of the total development area. 21 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: Public Hearing: Amendments to the City Code 12 -9, Home Occupations and 13 -1 -3, Frequency of Splitting Lots DATE: October 8, 2013 REQUEST The Planning and Zoning Commission is requested to review and consider amendments to the City Code 12 -9, Home Occupations and 13 -1 -3, Frequency of Splitting Lots. BACKGROUND City Code 12 -9, Home Occupations The City Council at their September 24, 2013 work session discussed a request to allow home occupations to be conducted by a non property owner who would reside in the residence as a renter. Current code only allows home occupations to be conducted by the property owner. The Council directed staff to prepare a code amendment to allow home occupations to be conducted by renters provided the home is being used as the permanent residence for legal purposes. The attached ordinance amendment addresses this request. City Code 13 -1 -3, Frequency of Splitting Lots Recent lot splitivariance requests have been made to the frequency of splitting lots. Current code requires a three year waiting period between lot splits. The attached code amendment provides for exceptions to the three year requirement provided certain criteria are met. ACTION Upon holding a public hearing and taking public testimony, recommend to the City Council the approval of the attached ordinance amendments to City Code 12 -9, Home Occupations and 13 -1 -3, Frequency of Splitting Lots as may be modified by the Commission at the meeting. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. xxx AN ORDINANCE AMENDING THE CITY CODE TO ALLOW HOME OCCUPATIONS TO BE CONDUCTED BY A NON PROPERTY OWNER AND TO ALLOW EXCEPTIONS TO THE THREE YEAR WAITING PERIOD FOR LOT SPLITS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 9: HOME OCCUPATIONS 12 -9 -2: PERMITTED HOME OCCUPATIONS; LOCATION RESTRICTIONS: All home occupations that conform to all of the following provisions may be conducted entirely within the principal structure. Home occupations shall not be conducted in a garage or accessory building unless the property owner GendUGtiRg the home essUpatien has obtained a Conditional Use Permit as stated in Section 12 -9 -3 of this chapter or has obtained a Special Home Occupation Permit as stated in Section 12 -9 -4 of this chapter. Home occupations may be conducted by an individual who resides on the property and uses the residence as a permanent home for legal purposes. A. Permitted Home Occupations Enumerated: Permitted home occupations include, and are limited to: art or photo studio, dressmaking, secretarial services, professional offices, repair services, or teaching services limited to three (3) students at any one time and similar uses. B. Number Of Employees: The number of employees shall be limited to one person on site in addition to family members. (Amended Ord. 8, 10 -21 -1970) C. Amount Of Building Space Used: The area within the principal structure used by the home occupation shall not exceed twenty percent (20 %) of the dwelling's livable floor area. Basements may be included if they meet all State Building Code requirements. (Amended. Ord. 8,10-21-1970; amd. 2003 Code) D. On Site Sales: On site sales shall be prohibited, except those clearly incidental to services provided in the dwelling. E. Dwelling Changes: Any interior or exterior alterations of a dwelling for a home occupation shall be prohibited, except those customarily found in a dwelling. F. Vehicles: Vehicles associated with a home occupation shall be regulated as stated in Title 12, Chapter 13, Performance Standards and in Title 6, Motor Vehicle and Traffic. (Amended Ord. 392, 5/18/10) G. Signs: Signs shall be regulated as stated in Title 12, Chapter 15. H. Performance Standards: No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property. Supervision: The home occupation shall be conducted by at least one member of the family who resides in the dwelling unit. J. Building And Safety Requirements: The home occupation shall meet all applicable fire and building codes. (Amended Ord. 8, 10 -21 -1970) 12 -9 -8: IN HOME BEAUTY SALONS AND BARBERSHOPS: In home beauty salons /barbershops shall be subject to the following: A. Compliance with Title 3, Chapter 6 of the City Code. B. Drawings Submitted: Drawings detailing the salon /shop shall be submitted at the time of the request for the Conditional Use Permit. C. Compliance With State Requirements: The salon /shop must comply with the State Cosmetology Board and the State Barbers Board requirements. D. Number of Chairs: One chair salon /barber only. E. Hours of Operation: The hours of operation shall be approved by the City Council. F. Parking: Parking requirements shall be as set out in section 12 -13 -10 of this title. G. Non - sewered Areas: In non - sewered areas, the septic system shall be in compliance with Title 10, Chapter 4 of this code. A beauty shop /barber shop shall be considered the equivalent to one bedroom in terms of usage under Title 10, Chapter 4 of this code. 4-.H. Termination of Use Upon Sale of Property: Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. (Amended Ord. 8, 10 -21 -1970, Ord. 314 10 -4 -2005) CITY CODE TITLE 13: PLANNING AND DEVELOPMENT CHAPTER 1: SPLITTING LOTS, PARCELS OR TRACTS OF LAND 13 -1 -3: FREQUENCY OF SPLITTING LOTS: No owner may utilize this method of land division on any parcel more than one time in any three (3) year period. A three (3) year waiting period for a lot split is required on all lots, parcels or tracts from the date they were created by previous lot splits under this chapter. (Amended Ord. 40, 8 -16- 1977) A. Exceptions. A lot split may be applied for within the three (3) year waiting period provided the following conditions are met: 1. The property owner has owned the property for more than five years. 2. A one year waiting period shall be required between splits. 3. A maximum of three lots shall be created including the original lot. 4. City infrastructure and utilities such as sanitary sewer, storm sewer, water main and streets are in place. 5. Grading, drainage and erosion control plans shall be prepared that properly address how drainage will be handled on the site as well as the affect on adjacent properties to the satisfaction of the City. 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 day of 2013. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor