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11/12/2013
ANLb 6 W 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 November 12, 2013 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — October 8, 2013 Regular Meeting 3. Public Hearing: Consider a Conditional Use Permit for telecommunications collocation on the existing water tower ( #1)and the construction of a shelter located in Rose Park, 14057 Rose St NW as requested by Verizon Wireless. 4. Public Hearing: Consider a Conditional Use Permit for telecommunications collocation on the existing water tower ( #2) located at 1717 Crosstown Blvd NW, as requested by Verizon Wireless. 5. Public Hearing: Consider a Sketch Plan for an eighteen (18) lot urban residential development located at 14123 Prairie Rd NW, as requested by TH Construction. 6. Public Hearing: Consider Amendments to the City Code 12 -2 -2, Definitions; 12- 12, Permitted, Conditional and Prohibited Uses and 12 -14, Administration and Enforcement. 7. Other Business 8. Adjournment r _ LWOW 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW. CLAN DOVER. MN.US TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: Approval of Minutes — October 8, 2013 DATE: November 12, 2013 REQUEST The Planning and Zoning Commission is requested to approve the minutes from the October 8, 2013 regular meeting. PLANNING AND ZONING COMMISSION MEETING — OCTOBER 8, 2013 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on October 8, 2013, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Lynae Gudmundson, Valerie Holthus (arrived at 7:05 p.m.), Bert Koehler IV, Kyle Nemeth and Steve Peterson. Commissioners absent: Timothy Cleven Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Others APPROVAL OFMINUTES. September 10, 2013 Commissioner Nemeth stated on page 7, eighth paragraph down the sentence should read "...there was a land fill", also the last part of the paragraph stated "Mr. Carlberg stated the only issue with this is the land is close the landfill. It is the restrictions of the landfill." He felt that sentence should be separated into two sentences. Motion by Nemeth, seconded by Peterson, to approve the minutes as presented. Motion carried on a 4 -ayes, 0 -nays, 1- present (Koehler), 2- absent ( Cleven, Holthus) vote. PUBLIC HEARING: Consider Rezoning Property from R -1, Single Family Rural to R -4, Single Family Urban for 15873 Linnet Street NW — Scott Allen. City Planner Hanson noted the Planning and Zoning Commission is requested to review the proposed request to rezone the parcel located at 15873 Linnet Street NW from R -1 Single Family Rural to R -4 Single Family Urban as requested by Scott Allen. City Planner Hanson reviewed the proposed rezoning with the Commission. Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2013 Page 2 Motion by Koehler, seconded by Nemeth, to open the public hearing at 7:06 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Cleven) vote. There was no public input. Motion by Nemeth, seconded by Gudmundson, to close the public hearing at 7:07 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Cleven) vote. Commissioner Koehler indicated Mr. Allen is a friend of his so he would be abstaining from voting. Commissioner Holthus arrived at 7:05 p.m. Motion by Peterson, seconded by Nemeth, to recommend to the City Council 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. Motion carried on a 5 -ayes, 0 -nays, 1- present (Koehler), 1- absent (Cleven) vote. City Planner Hanson stated that this item would be before the Council at the October 15, 2013 City Council meeting. PUBLIC HEARING: Consider Lot Split to Create Two (2) Urban Residential Lots for 15873 Linnet Street NW— Scott Allen. City Planner Hanson noted 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. City Planner Hanson reviewed the proposed lot split with the Commission. Commissioner Nemeth stated regarding the septic drain field, this is not located in proximity to the new lot. Ms. Hanson indicated it was not. Commissioner Nemeth asked if there were any plans to push Lynette Street through to 148th and connect it. Mr. Carlberg indicated there were not any current plans. Commissioner Nemeth stated in Resolution Item 4, he assumed these have not been submitted. Ms. Hanson stated that was correct. Commissioner Nemeth stated in Resolution Item 5, he wondered if this will be tested or how will the City know when this fails and if the property sold, will the new owner be able to maintain the septic. Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2013 Page 3 Commissioner Nemeth asked what the timeframe for the sunset clause was. Ms. Hanson indicated it was one year. Chairperson Daninger asked if the current owner will need to stub up to the utilities. Ms. Hanson stated it was her understanding there was a stub there. Mr. Carlberg stated there are stubs available to the existing home, if needed, to connect in the future. Chairperson Daninger asked if the street were to go through, would the stub need to be extended. Mr. Carlberg stated if the road came through, there would still be access but it may need to be extended. Commissioner Peterson stated there are drainage easements on other properties in the area and he wondered if this will be looked at. Ms. Hanson indicated there is a ten -foot easement for this. Commissioner Nemeth noted if Lynette Street does go through it shows a little piece of Mr. Allen's property that abuts another property on the other side of the proposed street. He asked if he could split that off and sell it or would Mr. Allen have to wait the required number of years. Mr. Carlberg stated there is already an easement over that piece of property and the little sliver of land on the other side could be sold off to the adjacent property owner if he wanted to. This is not a buildable parcel. Motion by Holthus, seconded by Gudmundson, to open the public hearing at 7:17 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Cleven) vote. There was no public input. Motion by Gudmundson, seconded by Nemeth, to close the public hearing at 7:18 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Cleven) vote. Motion by Gudmundson, seconded by Holthus, to recommend to the City Council approval of the lot split contingent on staff conditions in the Resolution. Commissioner Peterson stated he was in favor of this lot split but recommended the applicant consider widening the width slightly to make it a better lot to sell off. He noted this was just a suggestion seeing that it meets the minimum requirements. Motion carried on a 5 -ayes, 0 -nays, 1- present (Koehler), 1- absent (Cleven) vote. City Planner Hanson stated that this item would be before the Council at the October 15, 2013 City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2013 Page 4 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. City Planner Hanson noted 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. City Planner Hanson reviewed the proposed Comprehensive Plan Amendment with the Commission. Motion by Holthus, seconded by Koehler, to open the public hearing at 7:30 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, I- absent (Cleven) vote. Ms. Erika Ripken, 16424 Wintergreen Street NW, representing Country Oaks West Development and Deerwood Estates, read a letter to the Commission and presented a petition with 113 resident signatures to the Commission against the Comprehensive Plan amendment. Ms. Lisa Ripken, 16410 Wintergreen Street, stated they looked at the Comprehensive Plan and reviewed it. She asked if there were a few questions that could be answered by staff from the Comprehensive Plan. She wondered why the rezoning was needed. Whose need is this determining and whose public concern and request is it. Mr. Carlberg stated the City did a sewer study of this area and found there is additional capacity available, which triggered the potential for expansion in this area. Ms. Ripken also wondered if using up the additional sewer capacity is a good thing for the City. Mr. Carlberg stated that the additional sewer capacity is just one of the reasons why development opportunities are expanded in the City. Capacity still exists in the sewer system. Ms. Ripken stated there will be increased traffic in the rural areas if these areas are rezoned. She wondered what conditions have changed besides sewer capacity to make the change. Chairperson Daninger thought these were good questions that will be discussed after the public hearing between the Commission Members. Mr. Carlberg clarified that they are not looking at the rezoning of the property at this time but are looking at a land use change in the Comprehensive Plan Amendment. Ms. Ripken wondered why the boundary should be changed. Mr. Carlberg stated that there is sewer capacity available to this area and there are landowners in the area that want to see this change. Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2013 Page 5 Ms. Elizabeth Forg, 16527 Sycamore Street NW, Deerwood Estates, stated her points are that this is not within the MUSA, current water and sewer, not zoned for this, and not part of the Comprehensive Plan. She stated looking at the City of Andover, they are building out tight housing right above tight housing and this is not what the Met Council wants because it is not near traffic corridors. She stated this should not happen. Ms. Karen Murray, 16527 Sycamore Street, wondered why this would be a good thing for Andover. She stated they moved out to the area for the wildlife, birds and nature. She wondered what purpose this served the citizens of Andover. She did not see a point to the Comprehensive Plan Amendment for changing this area. Mr. Pete Steiger, 16473 Wintergreen Street NW, stated there are three parcels of land, 144 acres that are within MUSA that are for sale and does not need rezoning which is not being talked about. He stated there is also evidence that this is a done deal and this concerns the residents. The sewer and water expansion concerns him also because he is at the end of the line. He noted he gets zero water pressure at the property. He stated there is also concern about traffic safety with increases in traffic. The roads are not made for the increased traffic. He stated as part of the Putnam property, there was not access from Wintergreen Street until a few years ago and no one is talking about that land. He wondered what will happen to it. Mr. Joe Foster, 1218 162 "d Avenue NW, wondered how many accesses the development will have. Mr. Carlberg stated the access at this point will be Wintergreen Street with future access out onto Hanson Boulevard. Mr. Foster wondered what the timeframe will be for access to Hanson Boulevard. Mr. Carlberg stated there is not a specific timeframe at this time. Mr. Foster wondered if there would be water problems in the future, whose responsibility and expense will it be to correct. Mr. Carlberg stated this would need to be addressed with the Public Works Department. Mr. Carlberg also stated that the water will get looped through the Aasness property to the south and west to serve this area. Mr. Foster stated his concern is also with only one access to the development on Wintergreen Street and the safety of the people in the development. Mr. Carlberg reviewed the transportation plan with the Commission. Mr. Chris Wilson, 16412 Wintergreen, stated if they maximize water and sewer capacity at this time the two parcels will still be landlocked. He wondered how they would get more capacity to the area to the west. Mr. Jim Olson, 16658 Wren Court, has lived in Andover for twenty -five years. He was at the meeting on behalf of all of the residents living in the rural area. Most of the people live north of 16 151 Avenue for a reason. Before he moved to Andover he reviewed the Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2013 Page 6 Comprehensive Plan to make sure where he was moving was not urban. He thought they needed to stick to having rural areas in the north. He thought Andover was a unique City where there are urban and rural areas and there are a lot of people that want to maintain Andover the way it is currently and the residents have voted for open space to preserve the rural areas of Andover. Mr. Foster wondered when the answers will come out to the public. Chairperson Daninger stated residents can contact staff for answers that the Commission may not be able to answer. Mr. Carlberg stated with the amendment process, Met Council requires certain items to be included with the submittal. He reviewed the items that will be submitted to Metropolitan Council including sewer flows and traffic counts. Mr. Mike Terry, 891 166`h Street, stated he is new to Andover but one of the reasons he moved to Andover is because of the open space. He stated what is concerning to him is that the City is, trying to change from low density to high density in the City. He stated he travels around the Country and feels Minnesota plans their cities well but Andover needs to look into the future to see where everything will fit. Mr. Carlberg stated everywhere in the City there is urban development that abuts rural development and there are buffers required to separate them, which is what staff will look at going forward. Mr. Richard Kuiken, 16541 Hanson Boulevard, stated he is in the rural area and the City wants to put urban next to his property so he would like to hear what the City would like to put along the border for buffering. He thought the City has more of a traffic problem rather than a housing problem. Mr. Carlberg stated there are a number of options the developer has in proposing buffers. He stated all of this will be looked at if this moves forward during the platting process. Ms. Alison Wilson, 16452 Wintergreen Street, stated she is concerned for the safety of her children. She also wondered how the Commission plans on making a decision if they cannot answer them to the residents. Chairperson Daninger stated they will try to make a good recommendation based on what is in the staff report. Ms. Lisa Ripken stated if they do this amendment, they get more development but if they do not do this amendment, she would ask how it would affect the City and would the City suffer. She did not think the City would suffer if this is not done. Mr. Scott Wold, developer of Country Oaks West, 3408 167`h Lane stated he has been a resident of Andover for twenty -five years. He has watched a lot of growth in Andover and the reason for the growth is because people have moved into the City. They would not have all of the resources they have today if not for development and growth. He stated when they developed Country Oaks West they had to do a Comp. Plan Amendment and if they did not do that, many of the people in the audience would not be living where they are at. He stated they have a great community and great school and the Council and Commissions have done a great job to protect that. He thought the people Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2013 Page 7 who own the parcels deserve to get what they want out of the property. He stated he will work with the City to make the development and area safe. Ms. Karen Murray wondered why development is going north in odd areas. She did not think it made sense. Ms. Elizabeth Forg stated the City has heard from the residents and noted that Mrs. Putnam is not a resident of Andover. Mr. Wold and Mrs. Putnam will benefit from this but the rest of the residents in the area will not benefit. She stated she is not concerned if the property owners can make a living from selling the property because they will be getting a lot for their land. Her concern is where the amendments will stop. Ms. Alison Wilson stated if they start adding all this urban development north of them, where will the schools put all the kids in the area. She asked if there is adequate area for more schools. Ms. Teresa Bambino, 16480 Wintergreen Street, stated her family moved from an area with a lot of traffic and that is the reason they moved to this area and now what is being proposed will put them in the same area as where they moved from. She stated they got over one hundred signatures in two days because they all agree this is not the right thing for the community. Ms. Danielle Kopeski, 1166 162 "d Avenue NW, stated 144 acres has already been zoned urban and there is still available land for these developments so it does not make sense to her to rezone this area. Mr. John Graff, 13829 Nightingale Street, wondered if 139`h will extend through and connect the two developments. Mr. Carlberg indicated it will not go through. Mr. Graff wondered if the swamp will remain. Mr. Carlberg stated this is a DNR protected wetland and will remain as such. Motion by Holthus, seconded by Nemeth, to close the public hearing at 8:36 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Cleven) vote. Commissioner Gudmundson asked what the City has for available land. Mr. Carlberg reviewed the available land in the City that is zoned urban and could be developed in the future. Commissioner Peterson asked at what point in this process will there be a potential to extend the road to Hanson Boulevard. Mr. Carlberg stated there are a couple of land owners that would be involved. It is a timing issue and as projects get developed, roads get extended. He stated the developers and landowners dictate the timing. Commissioner Holthus stated there are two twenty acre sections and Kuiken owns both of those and the Ganter property had a ghost plat so there is not a timeline for any type of Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2013 Page 8 development on the Ganter property. The property west of this is the Selmer property, and the City cannot extend a road through this parcel to extend to the west. Mr. Carlberg stated that was correct, development would dictate the extension of a road to the west. Commissioner Holthus wondered if the Open Space Advisory Commission was still looking at the property to the west of the Country Oaks West development. Mr. Carlberg stated the City has a purchase agreement to purchase some of the land for open space area to access the property from Hanson Boulevard. Commissioner Holthus was looking for some ways to get access over to Hanson Boulevard and indicated it did not look like it was possible at this time. Commissioner Gudmundson wondered how much buildable land do they have south of 16151. Mr. Carlberg stated they do have properties south of 1615 to develop but the property owners are not interested in developing at this time. These areas do have sewer and water capacity. He stated the City has around 40 — 60 urban single family housing units available for development which is not even a years' supply as the City has issued 87 permits this year to date. Chairperson Daninger asked what the benefits are with more housing in the City. Mr. Carlberg stated in the Comp. Plan one of the goals is to supply housing for all the life cycles from entry level homes to senior housing. The big demand for Andover today is single family urban lots and people want to be in the Andover School District. Chairperson Daninger stated with development, they get parks and trails that benefits everyone in Andover. There is also more commercial development that will come in with more residents. There is economic benefit to more housing. Commissioner Koehler asked what happens with schools and at what point does the School District get involved. Mr. Carlberg stated the school district looks at City growth and plans improvements based on growth projections and development. Ms. Hanson stated development plats and comprehensive plan amendments are submitted to the school district for review. Chairperson Daninger asked if this is an all or nothing, noting there are two other items in the resolution. He asked if the Commission could recommend approval on two out of the three items. Mr. Carlberg stated the Commission can recommend approval in part versus in whole and they will all go before the City Council for their review and decision. The Commission reviewed the criteria for review of amendment. 1. Conditions have changed 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. Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2013 Page 9 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 features 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. Commissioner Holthus stated in number one the sewer capacity has changed in such that more capacity has been found in the system and there are greater housing demands. Number two is compatible with surrounding land uses in the south; to the north it is very different. Commissioner Gudmundson did not think this could be fully answered without knowing exactly how that plat is going to look because it could be compatible. Mr. Carlberg stated that goes back to the City Code requirement of urban developments that abut rural residential areas and the City's buffering requirements between the two. Commissioner Holthus stated in number three Public Systems would be considered sewer and water and there is capacity for sewer and water. Commissioner Peterson asked if City roadways would be considered public systems. Mr. Carlberg indicated that was correct. Commissioner Gudmundson thought because there is not a second access, this item would not be checked. Commissioner Holthus asked who the applicant was in number four, the land owner or the developer. Mr. Carlberg indicated the City has initiated this because of the sewer capacity that is there and the landowners would he considered co- applicants. Commissioner Holthus asked, in number four, if they did not know whether there was an agreement by the landowner and the City to pay for this. Mr. Carlberg indicated that the payment for the improvements would be a part of the development process. Commissioner Holthus stated number five, in any development any of those things are addressed and when a development goes through, it cannot affect adjacent properties in those respects so that is an automatic check. Commissioner Holthus stated number six would be addressed at the development stage also. There will always be that difference between density in any new developments coming before them and she thought this would be an automatic check also. Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2013 Page 10 The Commission indicated they were comfortable with the area north of Wal -Mart and the change to the 6.39 acres 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. The Commission is not comfortable with the 83 acres of rural area land use change to urban because there are some major areas outside of this that needed answers. Commissioner Koehler stated he was not comfortable with this because there seemed to be some major pieces outside of this area that did not seem to be addressed. He did not think the rational of keeping this area the same and never changing it was realistic because things do change over time. He stated a lot of people have raised some serious issues. The number one issue is access and he thought the roads and ability for fire and medical to get in and out is a huge issue. He did not think they could put this all together in one unified plan that addresses all the issues that fall outside of this area. Another big issue was the schools and how they will handle more youth. Commissioner Koehler stated making this change does not get them all the pieces around it that they need in order to make it viable. Commissioner Nemeth stated it was the capacity of public systems. Right now, they do not know what the capacity will be or what the area can handle. He thought they needed to see infrastructure, roads being built because at this time as the roads are at maximum capacity and work needs to be done on them before more traffic is added. Commissioner Peterson stated most of the boxes he has checked, minus transportation and secondary access to Hanson Boulevard. He would like to move this forward not approving this or approving this with concerns of transportation. Commissioner Gudmundson agreed and would also like the Council to look at compatibility. She would like to see this area with larger lot sizes and less density than what is being proposed in the sketch plan. Commissioner Holthus agreed and thought the second point of the review criteria has not been met. She also did not see another access coming at any time soon. This has only met four of the six criteria so she would probably make a motion to deny this part. Chairperson Daninger thought they needed to keep looking at developing Andover but he had some questions with this area even with looking at the sketch plan. Motion by Nemeth, seconded by Holthus, to recommend to the City Council approval of the Comprehensive Plan Amendment, changing the 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. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Cleven) vote. Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2013 Page 11 Motion by Holthus, seconded by Gudmundson, to recommend to the City Council denial of the Comprehensive Plan Amendment, expanding 83 acres into the Metropolitan Urban Service (MUSA) Area; to change 83 -acres of land from RR, Rural Residential to URL, Urban Residential Low. The rational for denial is because this item meets four of the six review criteria. It does not meet criteria 3 and 4. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Cleven) vote. City Planner Hanson stated that this item would be before the Council at the October 15, 2013 City Council meeting. PUBLICHEARING: Consider Amendments to the City Code 12 -9, Home Occupations and 13 -1 -3, Frequency of Splitting Lots. Community Development Director Carlberg noted 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. Mr. Carlberg reviewed the proposed amendments with the Commission. Motion by Holthus, seconded by Gudmundson, to open the public hearing at 9:26 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Cleven) vote. There was no public input. Motion by Koehler, seconded by Gudmundson, to close the public hearing at 9:27 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Cleven) vote. Commissioner Nemeth asked what "Permanent Home for Legal Purposes" means because he was not comfortable with calling this permanent for a renter. He wondered if this could be changed. Commissioner Koehler thought this should be stated "permanent' so the owner of the business does not live somewhere else and run the business in the City. Commissioner Nemeth wondered if this should be reworded to "Primary" for legal purposes. Commissioner Koehler thought that was a good idea. Chairperson Daninger thought this could be changed by staff. Commissioner Peterson asked what zoning districts home occupations would be allowed in. Mr. Carlberg stated home occupations would be allowed in the residential areas and moved from the higher density. Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2013 Page 12 Commissioner Gudmundson wondered if a home occupation would be based on an IUP so it goes away when the occupation goes away. Mr. Carlberg stated if an IUP is put on something like this, it is generally limited to 3 to 5 years and then the business needs to be done. Motion by Koehler, seconded by Holthus, to recommend to the City Council approval of the attached ordinance amendments to City Code 12 -9, Home Occupations and 13 -1 -3, Frequency of Splitting Lots, changing the word in Home Occupation from "Permanent Home" to Primary Address ". Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Cleven) vote. City Planner Hanson stated that this item would be before the Council at the October 15, 2013 City Council meeting. OTHER BUSINESS. Community Development Director Carlberg updated the Planning Commission on related items. The Council reviewed the sketch plan of Country Oaks North. They had some concerns with buffering around the parameter, access to the Kuiken property, and supported getting Mr. Wold and the other property owner together to plan future road access. Wal -Mart is moving along and it is expected that this week or early next week, the contractor will turn the property over to Wal -Mart and be open to the public the first part of November. Pizza Ranch is under construction and looking at training staff in early December. The goal is to have occupancy by first of December to train staff and be open by end of year. ADJOURNMENT. Motion by Gudmundson, seconded by Nemeth, to adjourn the meeting at 9:40 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Cleven) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. _. _.. NDOVE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: Public Hearing: Conditional Use Permit to consider telecommunications antennas on the city water tower #1 located in Rose Park, 14057 Rose St NW - Verizon Wireless DATE: November 12, 2013 INTRODUCTION Verizon Wireless is seeking to locate wireless antennas on the side of a city water tower #1 and construct a 308 (14' x 22') square foot structure located on the city park property. A conditional use permit is required to locate antennas above 35 feet in height. The water tower is 140 feet tall. DISCUSSION The attached site plan illustrates where the structure will be placed, the location of the tower within the park and the surrounding trees and residential homes. Additional attachments show the side views of the tower, including the location of the proposed antenna installation. As with all antenna installations, ground mounted equipment will be necessary. Typically the equipment is housed in the base of the water tower; however, the space in the base of the tower is not adequate for Verizon's equipment. Verizon Wireless is requesting a structure to house the equipment. The structure will be constructed of the same or similar materials as the attached photo. Review Criteria 12 -14 -6 B. provides the following general criteria for granting conditional use permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. City Code 9 -12 provides the specific requirements for antennas and towers. The proposal meets the height, location, design and setback requirements of City Code 9 -12. The collocation requirements of 9 -12 -6 do not apply due to the fact that a new tower is not part of the proposal. Additional future users would need to be evaluated on a case by case basis. Location This site was selected for antenna locations in the city to provide wireless intemet coverage to the more densely populated areas of the city. Radio Frequency Emissions and Interference with Other Signals The applicant will be present to address these items. Generally, studies conducted and monitored by the United States Federal Communications Commission have found that these types of installations do not pose a threat to humans. Additionally, the applicant is required by the FCC to be licensed to use a specific frequency to prevent interference with other signals. The applicant has provided documentation indicating compliance with FCC requirements. Park and Recreation Commission Recommendation Since the water tower is located within a city park, the Parks and Recreation Commission reviewed the request. The Commission unanimously recommended approval of the proposed conditional use permit; including the location and construction materials of the structure to house the equipment with the understanding the structure would be built to resemble a park structure. Staff Recommendation Staff recommends approval of the proposed conditional use permit subject to the conditions listed in the attached resolution. ACTION REQUESTED The Planning and Zoning Commission is asked to make a recommendation to the City Council on the conditional use permit request. Res ectfull submitt , Stephan e L. Hanson Attachments Resolution Location and Aerial Maps Site Plan Tower Elevation Structure Plans Photo of Proposed Structure City Code 9 -12 Antennas and Towers Cc: Sarah Hill, Verizon Wireless, 10801 Bush Lake Rd, Bloomington, MN 55438 Ted Butler, P & R Commission Chair — copy sent by email CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ROXX -XX A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR ANTENNA INSTALLATION FOR VERIZON WIRELESS LOCATED ON THE CITY WATER TOWER IN ROSE PARK LOCATED AT 14057 ROSE ST NW AND DESCRIBED AS CITY PARK, NORTHGLEN, ANOKA COUNTY, MINNESOTA. WHEREAS, Verizon Wireless has requested a conditional use permit to install twelve (12) antennas on the city water tower on the subject property, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the requirements of City Code 12 -14 -8, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS, The Planning and Zoning Commission recommends to the City Council approval of the conditional use permit request; 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 conditional use permit for the placement of twelve (12) antennas on the water tower, subject to the following conditions: 1) The applicant shall execute a lease agreement acceptable to the City of Andover and obtain a building permit prior to commencing construction on the site. 2) The antennas and associated equipment shall conform to the plans revised October 11, 2013. 3) The applicant shall restore any areas of the subject property disturbed during construction of the structure to equal or better condition than currently exists. 4) The conditional use permit shall be subject to a sunset clause as defined in City Code 12 -14 -6. 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W LENGTH OF 15" ANDOVER, MIN 55303 (Idw rRo", OnRIGUI To RAG) 35% LONG L MID ME MR MIGHT (4 %'o HOLES Gl 6, LONG L L SHEET CONTENTS: (2) %'o HOLES I'o S-6` GA-V M 2 RRU TRUNK CAGY W LENGTH OF 32F (INK FROM PIPE LAST, REWNED TONER ELEVATION S I OPOmmurnom Box M sl Fox) C� &ANTENNA KEY STOP WELDS GP3 DETAIL & ELEVATION ad i3 M, OISTIBLIM WE I/ aw� ANT�NNAIA �NGDETAA. 7y" LONG L CQkXE.OUET.L. LONG L WT m/ FAR, —Am ov FEE CM MOUNT ON 6 RRU TRUNK M� W LENGTH Of 326' --------- EIISTING WELD SCANS— DATE CU,-13 /T By Yas OTHER 13XE I �K� 1QGKTION OF STIFFENING RINGS CHECKED BY TF B EDITION DISTUBUTON WE REVA THREADED END 70 REV LJ AUGER PER R R TO GDF FOR (�4 �6.&.l OE-BURR EFIA TO SDF, M Pat Of, OR 6 Offle (ROIDESNE NOIL PIPE END ,k BRIDE 6 WATER TOM REV,D I�I ORE NAKCERS. WE: CONIncOPE. �- 4239M-5 HOST CROPS. WE: ONO(SCI UQUIRL 19192565961 -5 950 REV C !0=11-13 TING DETAIL RlKft� r-\ AWS ONE LINE DIAGRAM ELEVATION (DERS p SCALE: I A-3 1 FRONT ELEVATION SCALE: 3116' -1' -0' 19' -0 ° ° m ° A ° G ° n ° n a„4 /,1 FLOOR R1WF�R:RF BACK ELEVATION wx1T x" re s RIGHT ELEVATION Z u SCALE: 116'=I ' -0' SCALE 116' =1' -0' s LEFT ELEVATION SCALE: 3/I6'. 1'A' z x b T.G NOS N a RED CDNR DECKING —p' v 8• CONCRETE ° FOOTING ./ (2) i (MUCH SAW) S /4 CONONUOUD ° A I "a I I C (1) 3 t /S• . t0• I II a t9• !NI SIAM X) 1/I f%IEAIOR WL£ 3/8 U -S M EC OxFRNN NAl xKS 9= CDx PLMOCD Ox 050 PULE PRIME ADD PANTED RAT BALK FOUNDATION PLAN 'CEC10R BAR! WSW WMINVWS ICE flV9Rlp FNtESfONE U4A -IXDO i o b iUTE Mhr STAIDNC SEW NET& ROOF = - YASC11Rf BACK WIJI 9HP`AN U DR EWK 3/15 MEDUL LAN xDRHFAxE L1ID (I) 3 t /B' : 10' / ttP[ 5• NORTAK CLUN UY STAN N/ HSS 3' 3 v 3/16• C SLRATTlI CMT STONE G° SNERNIN "UIN!S t4OY1 BWK SR13511• TYPE 5' MIXRM 8EIRTIC BED CONIRNga STAN1£S6 ' LYNE. THIN STONE VENEER S1EEL DRIP EDGE SOFT PUSHING NENBROxE BEAM DETAIL /1 EAVE D ETAIL °X^°K s scALS yr SCALE: 1l2' - t'-0" 9 SECTION DETAIL SCALE: 1 /a' -1' -0' a C, a I 1 —p' v 8• CONCRETE ° FOOTING ./ (2) i S /4 CONONUOUD ° A I "a I I C 6' ° a�IV.e62 I II a DN 6• SYID C�SHV q `M OF 6 a ° e a FOUNDATION PLAN 6 SCALE: 8 KV� F "I`JTIRF ^,f -i Et,- LICENSED ARCHITECT 1242] DESIGN NoxmAama.xu wcH rtcT MM mwHE ux s�sw restwz em VERIZON WIRELESS &dYiH6FM 1xIR5YY n+u zxiooY PROJECT 20120828183 MINC CROOKED LAKE %NDOVER WATER TOWER #1 14119 QUAY STREET NW ANDOVER. MN 55909 SHEET CONTENTS: POUNDAMN PLAN 6 DETAILS FLOOR PLAN ELEVAMNS ANCHORING DETAILS - -r- I 1 X31 I I I I I I I I "a I I C I I I I I I I I I I I I I I I I II I I I I I I I I r , z4�> L -1 =l,_QJI ___T =g =1�= r J_ I I I. z7 -o• I 8 KV� F "I`JTIRF ^,f -i Et,- LICENSED ARCHITECT 1242] DESIGN NoxmAama.xu wcH rtcT MM mwHE ux s�sw restwz em VERIZON WIRELESS &dYiH6FM 1xIR5YY n+u zxiooY PROJECT 20120828183 MINC CROOKED LAKE %NDOVER WATER TOWER #1 14119 QUAY STREET NW ANDOVER. MN 55909 SHEET CONTENTS: POUNDAMN PLAN 6 DETAILS FLOOR PLAN ELEVAMNS ANCHORING DETAILS ) \� � . ���)�� �) 4 ■ • CHAPTER 12 ANTENNAS AND TOWERS SECTION: 9-12-1: Purpose 9 -12- 2: Definitions 9 -12- 3: Permit And Lease Agreement Required 9 -12- 4: Height Requirements 9 -12- 5: Zoning District Regulations 9 -12- 6: Co- location Requirements 9 -12- 7: Design Requirements 9 -12- 8: Setbacks 9 -12- 9: General Requirements 9- 12 -10: Ground Mounted Equipment 9- 12 -11: Nonconforming Antennas And Towers 9- 12 -12: Interference With Public Safety Telecommunications Prohibited 9- 12 -13: Damaged Or Destroyed Antennas And Towers 9- 12 -14: Abandoned Antennas And Towers 9- 12 -15: Variances 9- 12 -16: Violation; Penalties 9 -12 -1: PURPOSE: In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the City Council finds that these regulations are necessary in order to: A. Facilitate the provision of commercial wireless telecommunication services to the residents and businesses of the city; B. Minimize adverse effects of towers through careful design and siting standards in order to lessen the aesthetic impact on surrounding properties; C. Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and D. Maximize the use of existing and approved towers and buildings to accommodate new commercial wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. (Ord. 270, 12 -5 -2000) 9 -12 -2: DEFINITIONS: The following words and terms shall have the following meanings when used in this chapter: ANTENNA: That portion of any equipment located on the exterior or outside of any structure and used for transmitting or receiving radio, telephone and television signals. "Antenna ", as defined in this chapter (unless.otherwise noted), pertains to all of the following antennas: Antenna, Public Utility Microwave: A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the supporting structure thereof. Antenna, Radio And Television, Broadcasting Transmitting: A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio or television programming, and including the support structure thereof. Antenna, Radio And Television Receiving: A wire, set of wires, metal or carbon fiber elements, other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the, supporting structure thereof. Antenna, Satellite Dish: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit andlor receive radio or electromagnetic waves between terrestrially and /or orbitally based uses. This definition is meant to include, but not be limited to, commercial satellite earth stations, TVROs (television, receive only), and satellite microwave antennas, but does not include personal TYRO satellite reception receivers. Antenna, Short Wave Radio Transmitting And Receiving: A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element, used for the transmission and reception of radio waves used for short wave radio communications, and including the Y supporting structure thereof. ' Antenna, Telecommunications: A device consisting of a metal, carbon fiber, or other electromagnetically conductive rod or element, usually arranged in a circular array on a single supporting pole or other structure, and is used for the transmission and reception of radio waves in digital, analog or other wireless or personal communication services (i.e., cellular, paging, internet, etc.). CO- LOCATION: The placement of wireless telecommunication antennas by two (2) or more service providers on a tower, building or structure. COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES: Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. FEDERAL COMMUNICATIONS COMMISSION: The federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. GUYED TOWER: A tower that is supported, in whole or in part, by wires and ground anchors. LATTICE OR SELF - SUPPORTED TOWER: A tower erected on the ground that consists of metal crossed strips or bars to support antennas and related equipment. MAST: That portion of the outside antenna system to which the antenna is attached, and the support of extension is required to elevate the antenna to a height deemed necessary for adequate operation. PRIVATE PROPERTY: Land that is not "public property" as defined in this section. PUBLIC PROPERTY: Land owned or operated by a government entity. PUBLIC UTILITY: Persons, corporations, or governments supplying gas, electric, transportation, water, or landline telephone services to the general public. For the purposes of this chapter, wireless telecommunication service facilities shall not be considered public utility uses and are defined separately. SERVICE PROVIDER: Any individual or entity that provides wireless telecommunication services. TOWER: Any pole, monopole, spire, or structure (excluding structures required for the transmission of electric energy), or any combination, to which any antenna could be attached, or which is designed for any antenna to be attached, and all supporting lines, cables, wires and braces. (Amd. Ord. 364, 2- 19 -08) TOWER, MULTI -USER: A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity. TOWER, SINGLE USER: A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this chapter. (Ord. 270, 12 -5 -2000) 9 -12 -3: PERMIT AND LEASE AGREEMENT REQUIRED: All towers and antennas over thirty five feet (35') from ground level shall require a conditional use permit and building permit approvals from the City. All towers and antennas on City -owned public property shall require a lease agreement with the City. Any changes to a tower or antenna shall require an amended conditional use permit. (Ord. 364, 2 -19 -2008) 9 -12 -4: HEIGHT REQUIREMENTS: A. In Commercial and Industrial zoning districts, towers and antennas may not exceed 150 feet in height. B. In residentially zoned districts, towers and antennas may not exceed 120 feet in height. C. Antennas (including the mast) may be mounted on a building or structure provided that the antennas do not extend over fifteen feet (15') above the highest portion of the roof of the building or structure. (Ord. 364, 2 -19- 2008) 9 -12 -5: ZONING DISTRICT REGULATIONS: A. Residential Zoning Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter may be allowed only in the following residentially zoned locations: (Ord. 270, 12 -5 -2000; amd. 2003 Code) a. Church sites, when camouflaged; b. Public land, including City water towers, schools, and publicly - purchased parks when the City Council determines that the tower will not adversely affect the use of the park or neighboring properties; (Ord. 364, 2 -19 -2008) c. Utility and transmission structures located in public rights -of -way; when attached thereto; and d. Utility and transmission structures located outside of public rights -of -way, exclusively to serve the structures. (Ord. 364, 2 -19- 2008) 2. Only one tower or monopole shall exist on any one residentially zoned parcel of land. B. Commercial And Industrial Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter may be allowed only in the following commercially and industrially zoned locations: a. Industrial (1) zoned parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; b. Commercially zoned parcels (Shopping Center SC and General Business GB) parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; and c. Utility and transmission structures located in public rights -of -way when attached thereto. d. Utility and transmission structures located outside of public rights -of -way exclusively to serve these structures. (Ord. 364, 2 -19- 2008) 2. Only one tower shall exist on any one industrially or commercially zoned parcel of land. (Ord. 270, 12 -5 -2000) 9 -12 -6: COLOCATION REQUIREMENTS: All telecommunication towers erected, constructed, or located within the city shall comply with the following requirements: A. A proposal for a new telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing approved tower or building due to one or more of the following reasons: 1. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed structural engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. 2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost. 3. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. 4. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building. B. Towers must be designed to allow for future arrangement of antennas upon the tower and to accept antennas mounted at varying heights. A tower one hundred feet (100) or more in height shall accommodate at least three (3) additional users. (Ord. 270, 12 -5 -2000) (Ord. 364, 2 -19- 2008) 9 -12 -7: DESIGN REQUIREMENTS: Telecommunication service towers shall be of a monopole design unless the City Council determines an alternative design would better blend into the surrounding environment. Lattice towers are prohibited. (Ord. 270, 12 -5 -2000) 9 -12 -8: SETBACKS: Towers shall conform with each of the following minimum setback requirements: A. Towers and ground mounted equipment shall meet the building setbacks of the underlying zoning district as stated in the zoning ordinance. B. Towers shall be set back from all structures and all property lines at a distance equal to the height of the tower (plus an additional 10 feet), unless a qualified professional structural engineer certifies in writing that the collapse of the tower will occur within a lesser distance under all foreseeable circumstances. C. A tower's setback may be reduced or its location in relation to a public street or neighboring property varied, at the sole discretion of the City Council. The Council's decision must be based on legitimate findings .. such as, but not limited to: a. Aesthetic concerns b. Safety concerns c. City staff review (Ord. 364, 2 -19 -2008) 9 -12 -9: GENERAL REQUIREMENTS: All towers and antennas for which a permit is required shall comply with the following requirements: A. Lighting: Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. B. Signs And Advertising: The use of any portion of a tower for signs is prohibited. Warning or equipment signs are exempt from this provision. C. Supplemental Information: Applications for towers shall include the following supplemental information: 1. A report from a qualified and licensed professional engineer that: a. Describes the tower height and design including a cross section and elevation; b. Documents the height above grade for all potential mounting positions for co- located antennas and the minimum separation distances between antennas; c. Describes the tower's capacity, including the number and type of antennas that it can accommodate; d. Documents what steps the applicant will take to avoid interference with established public safety telecommunications; e. Includes an engineer's stamp and registration number; f. A coverage map showing what portions of the city will be served by the user, along with future coverage plans and potential construction sites to provide similar service elsewhere in the city; g. A report indicating that the request meets technical emission standards set by the FCC; and h. Includes other information necessary to evaluate the request. 2. For all telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. 3. Before the issuance of a building permit, the following information shall be submitted to the city: a. Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration; and b. A report from a qualified and licensed professional engineer that demonstrates the tower's compliance with the aforementioned structural and electrical standards. (Ord. 270, 12 -5 -2000) 9- 12 -10: GROUND MOUNTED EQUIPMENT: A. Ground mounted equipment shall be stored within a closed, secure building. All buildings accessory to a tower or antenna shall be architecturally designed to blend in with the surrounding environment. (Ord. 364, 2 -19 -2008) B. Screening shall be provided in compliance with Chapter 12 -13 -5. (Ord. 364, 2 -19 -2008) 9- 12 -11: NONCONFORMING ANTENNAS AND TOWERS: Antennas and towers in existence prior to the adoption of this chapter that do not conform to or comply with the provisions of this chapter may continue in use for the purpose now used and as now existing but may not be structurally altered without complying with this chapter. (Ord. 270,12-5-2000; amd. 2003 Code) 9- 12 -12: INTERFERENCE WITH PUBLIC SAFETY . TELECOMMUNICATIONS PROHIBITED: No new or existing telecommunications services shall interfere with public safety telecommunications. (Ord. 270, 12 -5 -2000) 9- 12 -13: DAMAGED OR DESTROYED ANTENNAS AND TOWERS: If an antenna or tower is damaged or destroyed due to any reason or cause whatsoever, the same may be repaired or restored to its former use, location and physical dimensions upon obtaining a building permit. The repair or restoration must comply with this chapter. Provided, however, that if the cost of repairing such damaged or destroyed antenna or tower would be fifty percent (50 %) or more of the cost of purchasing and erecting a new antenna or tower of like kind and quality, as estimated by the Building Official, and to the former use, physical dimensions and location, then the antenna or tower may not be repaired or restored except in full compliance with the requirements of this - chapter. (Ord. 270, 12 -5 -2000; amd. 2003 Code) 9- 12 -14: ABANDONED ANTENNAS AND TOWERS: Any antenna or tower that is not used for one year shall be deemed abandoned. Within ninety- (90) days of notice by the city, the antenna or tower and all other associated equipment must be removed from the property. If the antenna or tower and equipment are not removed from the property within the time period as stated herein, a public nuisance may be declared, and the city may order that the public nuisance be abated in a manner consistent with ordinances and policies of the city. (Ord. 270, 12 -5 -2000; amd. 2003 Code) 9- 12 -15: VARIANCES: Variances from the provisions of this chapter shall be processed and granted or denied in the same manner and based on the same criteria as stated in the city zoning ordinance. (Ord. 270, 12 -5 -2000) 9- 12 -16: VIOLATION; PENALTIES: Any person who shall violate any provision of this chapter shall be charged with a misdemeanor and upon conviction thereof, shall be subject to applicable fines and imprisonment as See section 12 -15 -7 of this code. defined by state law. In addition to the penalties imposed by this chapter, the city may exercise, with or separately from such penalties, all and any other legal and equitable remedies then available to the city by this chapter, or by statute, or by other ordinances of the city, or by applicable rules or regulations, to enforce this chapter, including, without limitation, injunction. (Ord. 270, 12 -5 -2000) 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: Conditional Use Permit to consider telecommunications antennas for Verizon Wireless on city water tower #2 located at 1717 Crosstown Boulevard NW. DATE: November 12, 2013 INTRODUCTION Verizon Wireless is seeking to locate twelve (12) antennas on the sides of the city water tower #2 located adjacent to City Hall. A conditional use permit is required to locate antenna above 35 feet in height. The water tower is 166 feet tall. DISCUSSION The attached site plan illustrates where the equipment space is located within the base of the tower and where antennas will be placed on the sides of the water tower. As with all antenna installations, some ground mounted equipment will be necessary. For this installation a small cabinet will be located inside the base of the water tower. Review Criteria 12 -14 -6 B. provides the following general criteria for granting conditional use permits: In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. City Code 9 -12 provides the specific requirements for antennas and towers. The proposal meets the height, location, design and setback requirements of City Code 9 -12. The collocation requirements of 9 -12 -6 do not apply due to the fact that a new tower is not part of the proposal. Location This site was selected for antenna locations in the city to provide wireless internet coverage to the more densely populated areas of the city. Radio Frequency Emissions and Interference with Other Signals The applicant will be present to address these items. Generally, studies conducted and monitored by the United States Federal Communications Commission have found that these types of installations do not pose a threat to humans. Additionally, the applicant is required to be licensed to use a specific frequency to prevent interference with other signals. The applicant has provided documentation indicating compliance with FCC requirements. Staff Recommendation Staff recommends approval of the proposed conditional use permit subject to the conditions listed in the attached resolution. ACTION REQUESTED The Planning and Zoning Commission is asked to make a recommendation to the City Council on the conditional use permit request. Respectfully submitted, c� Stephanie L. Hanson Attachments Resolution Location and Aerial Maps Enlarged Site Plan (equipment location) Tower Elevation City Code 9 -12 Antennas and Towers Cc: Sarah Hill, Verizon Wireless, 10801 Bush Lake Rd, Bloomington, MN 55438 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR ANTENNA INSTALLATION FOR VERIZON WIRELESS LOCATED ON THE CITY WATER TOWER LOCATED AT 1717 CROSSTOWN BOULEVARD NW AS DESCRIBED ON ATTACHMENT A WHEREAS, Verizon Wireless has requested a conditional use permit to install twelve (12) antennas on the city water tower on the subject property, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the requirements of City Code 12 -14 -8, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS. The Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; 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 conditional use permit for the placement of twelve (12) antennas on the water tower, subject to the following conditions: 1) The applicant shall execute a lease agreement acceptable to the City of Andover and obtain a building permit prior to commencing construction on the site. 2) The antennas and associated equipment shall conform to the plans revised October 11, 2013. 3) The applicant shall restore any areas of the subject property disturbed during construction of the tower to equal or better condition that currently exists. 4) The Conditional Use Pen-nit shall be subject to a sunset clause as defined in City Code 12 -14 -6. Adopted by the City Council of the City of Andover on this 19th day of November, 2013. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor Resolution R EXHIBIT A Legal Description THE W 330 FT OF NEIA OF SEl /4 OF SEC 22 TWP 32 RGE 24, EX THAT PRT OF FOL DESC TRACT LYG WITHIN SD W 330 FT: COM AT A PT ON E LINE OF SD 1/4 1/4 935.81 FT NLY OF SE COR THEREOF, SD E LINE HAS ASSD BRG OF N 0 DEG 42 MIN 30 SEC W TH W 125.01 FT TO W R/W LINE OF CSAH NO 78 & POB, TH N 0 DEG 42 MIN 30 SEC W ALG SD W R/W LINE 41.34 FT, TH W 889.24 FT, TH S 0 DEG 21 MIN 31 SEC E 41.34 FT, TH E 29.86 FT, TH S 503 FT, TH W 17.47 FT, TH S 20 DEG 49 MIN 09 SEC E 55.74 FT, TH E 206.56 FT, TH ELY 109.76 FT ALG A TAN CUR CONC TO S HAV A RAD OF 581.33 FT & A CEN ANG OF 10 DEG 49 MIN 06 SEC, TH ELY 95.26 FTALG A REV CUR CONC TO N HAV A RAD OF 168.67 FT & A CEN ANG OF 32 DEG 21 MIN 29 SEC, TH ELY 105.76 FT ALG A REV CUR CONC TO S HAV A RAD OF 281.33 FT & A CEN ANG OF 21 DEG 32 MIN 23 SEC, TH E TAN TO SDCUR 145.11 FT, TH S 20 FT, TH E 117.34 FT, TH N 557 FT TO INTER/W A LINE DRAWN W FROM POB, TH E 82.29 FT TO POB, EX RD, SUBJ TO EASE OF REC AK6-bw-^ City Hall Location 13Ws 13100 :13307 , L5378: Z 13377; -.� i` tun , u Isro"M iE AM rw 1345 lY 105 93 133761137)1314' 133431 14 �' 1470 141' 137S- L975 N-... 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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. w E Copyright O 2013 City of Andover, All Rights Reserved Printed 11/05/2013 S Axb-b - _ City Hall Aerial 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, Alt Rights Reserved Printed 11/05/2013 8 O I /y s� NOTE: CONTRACTOR TO COORDINATE PUBLIC AND PRIVATE UTILITY THE ARCHICONSTRU� START. � E OG7ES / `,."..— ......- ..✓.'✓"� --..,� \ CONSTRUCTION ENGINEER IMMEDIATELY / / / I \ 5 PER SEN OF ANY UTILITY LINE ISSUES. 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PROJECT 20120828178 MINC CHLOE ANDOVER WATER TOWER #2 1717 CROSSTOWN BLVD NW ANDOVER, MN 55304 SHEET CONTENTS: EIAARC£OSmT % AA =2 G" LONE L ./ (2) % "B Not WP _ WE 6' LING L +/ (2) INV ND!65k 7k' LONG PPE N ./ TABS CAP HOUM ON EIMR FAC£ 36' PL +/ (2) x)6'0 mtES g' PL ./ (I) RET AOAf77FR OP110N5' REDUCER I'0 > Y.'0 LOUPtFR, I'0 > 1'D D1IIAGFA, 1'D > 1 %'B W LONG L rI FOD MPPIC :OR HIdR (4) %'D 1101f5 STl WBDS I'D • X -6' GLLV %K YASt. RELYIIE➢^ 71Rr7DM EHO M =EPr AMPIER' DE -BURR j RFSTd ro s.D.r. M TYPE Y CPS PIPE END MINA d REOURM IULPIER TIPS aU 1/s GPS MOUNTING DETAIL vr»c EwE 2 PHOTO - OVERALL TOWER LOOKING SWTH PHOTO -EXISTING H -FRAME 4 LOOKING WEST a PHOTO - INTERIOR PHOTO -EXISTING ANTENNAS s LICENSED ARCHITECT 12427 J27 DESIGN fl kKTJ WNS, AIA MCMIIµCT ECENPPNNE MN Stm 1541mDtl -9a VER/ZON WIRELESS ���ewNUxE RU.o MI4iOrv, MN XiY �61SI %�J PROJECT 20120828178 MINC CHLOE ANDOVER WATER TOWER #2 1717 CROSSTOWN BLVD NW ANDOVER, MN 55304 SHEET CONTENTS:) CPS DETAIL SIZE P OTOS M1 I II SECTOR 1 }P },1 IX RX1 1 ANTEL ND% NI7KWSD AWS +/S 11A' 12215_ _ I10_ - - 1 R- ---- PE RAUS -12 _T_ __�_ _______ ______- _-. TTA KEY 41 ANTENNA NIX, - - - -- cnex KEY NOTE: CON1R/,CTOR TO Omm "'m - I - - - - 1 I WIN uoD W I t19N I 1-318 I Im I AMFNW nEC MECx 25P COAX Tx R %D CO4MSCOPE_ DIETECIRIC +45 On YOOFL FINAL SDF & FM DETERMINATION FROM VLW uluulN PosT1Nx+ FuNCnou M 6VA]_50_ uOOEL TYPE IENCM iP CEKRR T DOW MT On rmE MWUFACI4ROE WDR (NdV) (� _T ___1'__ - - PRIOR TO CONSTRUCTION COMMENCENFM ANDREW' AVA7 -50 fOAY ltd( _6515D5_VM X15 96.1' Tx RxD 1 1311__ _ T__ __1 _ _ 1_ W1N N1MfEW _ AVAI -50_ __LOW- _ 1_5 6_ 160__ mm E155WP19 10 1.2 1X RXO _I - 257 _--- 2ND PORT LTE 45 - _131'_ - - - - 1 MAN ANDREW AYA) -50 W 1 CONMSCRE THE AKMW W41E2 NO WNIMIDT, IXPPESSED SCLIDR zs0 }.I !1�7 ANIEL LVW 445 41A" 12215 120_ Z_ t_ IRE%ER _COUL6COPE _ EISSWP49 DIPIDL W B50__ BUU -IN W_ OPtf]tER _ DR yp gt, pF TtE ACCIWWY OL TIE y IU 2.2 1%7R %o - 2ND PONr EV00 _'N6%P65%1T4g5_9_ 2ND POR1 AWS -15 _ _ _ _ _ _V _ _ 1 RRII [MIMSCOPE MNS -12 (1) COMNSCOPE HFT412- 251Y15 -_ _�FNR OF IU J.I 1% RX1 t +15 !065 %I)1NI50__ AWS +45_ 11.0' Ig.ZS' 1Z0_ Z_ U__ ____ ______ SECTOR ___ ___ ______________ 2W TNL DbT. BO% 1P RRU TESE SIPNL'111RI1 MVlyg, _UO(= _ 2ND PORT C6W -45 - _1N'_ _ _ no mu EVDO -45 - _ - _ COMNSCOPE E15509P49 DIRE% W B50 BULT -IN W OPIDIER ANDREW IDfhSD i COI]a _6515D3 -VIM LTE 415 96.! _1M'_ 120:, _?_ _T_ 1_ WIN _ M-pREW __ AVA]_50 _LOMI_ 1_SB __2W__ wmr _ _,_,_________ II SECTOR 1 }P },1 IX RX1 1 ANTEL ND% NI7KWSD AWS +/S 11A' 12215_ _ I10_ - - 1 R- ---- PE RAUS -12 _T_ __�_ _______ ______- _-. LICENSED ARCHITECT 12427 aoeEaT lours. NA nnvu�EV Vrtw AO. EDEN PNPIPIE. MN EENa Raszlfiaaec9+ VERIZON WIRELESS NWI4�NOT NMx ,6111 F#W6��� PROJECT 20120828170 MINC CHLOE ANDOVER WATER TOWER #2 1717 CROSSTOWN 8LVO NW ANDOVER. MN 55304 SHEETCONTENTS TOWER ELEVATIqu L(MX A ANTENNA KEY 1JP 41 1%W(1 -- - - - -- r 2ND PORT [CDM -IS - I - - - - 1 I WIN ANDREW I AYA7 -50 I t19N I 1-318 I Im I - I 25P Tx R %D CO4MSCOPE_ +45 96.4' 1411_ _ MNIX'__ 6VA]_50_ _FDW _ 1 -58 2L - - 25P 1.2 _1 W MO - - _INB_6515D5-VN _CMN tND PoRL LTE -15 - _12!_ - - _T ___1'__ - - ANDREW' AVA7 -50 fOAY DO 2.1 Tx RxD 1 NiiEi WO %065 %171W150 EYCO +15 41.0' in- 120' T__ 7 C01116COPE E155WP19 OPIF%W &A 257 2.Y n %D - - 2N0 PORT AWS -15 - JRRU CONMSCRE RRU6-12 (1) COMMSCWE DST BO TO DI5 A FFEEn LIA06f. BDI( TORRU SCLIDR zs0 }.I 1% R%1 ANIEL WHB009117M050 AWS iA5 11.0' 123.25 120i 25P }.2 _t R %1 - - 2ND PONr EV00 -15 - - - - COMMSCOPE E155MP49 tt /RX1 _ C04NSCOPE_ 651505 _Vf11 LTE +15 96.4' 120'_ _T____t__ __NIDREW___AYA)_50_ _FUW 1 -j8 __220_ _ 2W _11_ 1.2 TX R , _UO(= _ 2ND PORT C6W -45 - _1N'_ _ _ INOREW AVA) -50 AADMON 6 RRU TMMK CJ (1) comL con Hm N16- 21526-160 ANDREW IDfhSD fpW 1 2' tO' 2 RRU TRUNK GOLF (1) COMMSCOPE WT606-8525 -70 COAX KEY 2 RRU ThMINK WLE (1) CDM-SCDPE MrSO6- 8525 -130 2 SCALE: NONE ix TOP Oi deW01 60X (1) comscon RVLOC- 3J15 -PF -OC MN 06 MRON W% F ._ �1d6G7] AMA 170.1 ADL Po% (2) CONMSCOPE WZDC- 1061 -PF-48 SECTOR DememN BOX dRE(ER (6) CE6 OS -TGP 600 /IW.%1 ANTENNA KEY 9 SCALE NONE fN� HyL�: �My6CppE 12}964 -1 ImISf LRPS: COMILSLOPE 193566 '.,, ADM. O+ERAIL SIRIICTLRF HEICM OVERALL 6TMILTNE HEIGHT OhFNL IFIILIII M PoN6A CA61t3 101&6 ANA IN.O ILL IO20.6 AMA l0 IXCEED ]6Y FRDM PoWEA 54PRY i0 0.EWlE RAdD LNR AN1dIN 1P HE%M H131A� ANIDEIN 1P Nom \ 101 &65 A16L/ 11].25. ALL 101&65 A14L 12223 ILL \ \`` ANTFNW C[NIERIM Now n ,Y, R >M 519R14N' IRIC �L AXRNMA L61 1 X R _ AM AMTFNNI IDiQ6 IMA. 12D.0 ACL 66 u _ _ 1016.67 Abl IWO, AMr IDI &5 N6l 130A ILL ! i YJ J.,MPDt (N4%. IENORI OF 151 � lfl I _� HTX 8110 .] 99&67' N6L 10 AA ERXSSON RW ( -I ME 909 FEED LVL RRU M SECTOR 55 NG S N SIBIENIIO RXA L OvP (IVX. 16NEM OF 151 ,ICC� IAOp01 96136' AYE 61.78 ADLY SECTOR BOX -a 11H M1CXL_ 961.1 AMSL / 3 NY nom FEED TAL RRU TO l 6 Ow (w. lFN4TH OF 151 .) 14 I4.2.L� >AD STETTING ulc,L 2 RRU TAIA21( CP81E M.-. EE 501 NA 1pv 05TRBIIfgN BOX PRpO'#DD 3 W/ 6 OVWA (ON TDWDI) COA%5"' 2ND SRF REIC EL 92951' 6 RRU TRULC CABIF O( ND METAL mNDERM N 61RMW �i PAtF`OED f1HE - 15f SIiFFHF FIND KL MIDU O6:Da nON Box W/ PDIEIRININ N .... 91225 E 13625 New- IdAION 5 OvTS ImmE ExEIN6 S TF9) CtNDE160IR1 t41RMF0 ti FDIOIFIIT dPIOE O um 1d1W CnAOE W IIMW iDWER ob AWS ONONNE -LINE DIAGRAM N &6 NOY TOWER SECTION ^�� °p6$ SOUTH ELEVA 5 SCALE. E 4 SCALE. 1• =X1' -0' � T SCALE'1'e9[I'O1'.�M[R11' LICENSED ARCHITECT 12427 aoeEaT lours. NA nnvu�EV Vrtw AO. EDEN PNPIPIE. MN EENa Raszlfiaaec9+ VERIZON WIRELESS NWI4�NOT NMx ,6111 F#W6��� PROJECT 20120828170 MINC CHLOE ANDOVER WATER TOWER #2 1717 CROSSTOWN 8LVO NW ANDOVER. MN 55304 SHEETCONTENTS TOWER ELEVATIqu L(MX A ANTENNA KEY CHAPTER 12 ANTENNAS AND TOWERS SECTION: 9 -12- 1: Purpose 9 -12- 2: Definitions 9 -12- 3: Permit And Lease Agreement Required 9 -12- 4: Height Requirements 9 -12- 5: Zoning District Regulations 9 -12- 6: Co- location Requirements 9 -12- 7: Design Requirements 9 -12- 8: Setbacks 9 -12- 9: General Requirements 9- 12 -10: Ground Mounted Equipment 9- 12 -11: Nonconforming Antennas And Towers 9- 12 -12: Interference With Public Safety Telecommunications Prohibited 9- 12 -13: Damaged Or Destroyed Antennas And Towers 9- 12 -14: Abandoned Antennas And Towers 9- 12 -15: Variances 9- 12 -16: Violation; Penalties 9 -12 -1: PURPOSE: In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the City Council finds that these regulations are necessary in order to: A. Facilitate the provision of commercial wireless telecommunication services to the residents and businesses of the city; B. Minimize adverse effects of towers through careful design and siting standards in order to lessen the aesthetic impact on surrounding properties; C. Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and D. Maximize the use of existing and approved towers and buildings to accommodate new commercial wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. (Ord. 270, 12 -5 -2000) 9 -12 -2: DEFINITIONS: The following words and terms shall have the following meanings when used in this chapter: ANTENNA: That portion of any equipment located on the exterior or outside of any structure and used for transmitting or receiving radio, telephone and television signals. "Antenna ", as defined in this chapter (unless otherwise noted), pertains to all of the following antennas: Antenna, Public Utility Microwave: A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and /or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the supporting structure thereof. Antenna, Radio And Television, Broadcasting Transmitting: A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio or television programming, and including the support structure thereof. Antenna, Radio And Television Receiving: A wire, set of wires, metal or carbon fiber elements, other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the supporting structure thereof. Antenna, Satellite Dish: A device incorporating a reflective surface that is solid, open rnesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and /or receive radio or electromagnetic waves between terrestrially and /or orbitally based uses. This definition is meant to include, but not be limited to, commercial satellite earth stations, TVROs (television, receive only), and satellite microwave antennas, but does not include personal —1 satellite reception receivers. Antenna, Short Wave Radio Transmitting And Receiving: A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element, used L or the transmission and reception of radio waves used for shortwave radio communications, and including the supporting structure thereof. Antenna, Telecommunications: A device consisting of a metal, carbon fiber, or other electromagnetically conductive rod or element, usually arranged in a circular array on a single supporting pole or other structure, and is used for the transmission and reception of radio waves in digital, analog or other wireless or personal communication services (i.e., cellular, paging, internet, etc.). CO- LOCATION: The placement of wireless telecommunication antennas by two (2) or more service providers on a tower, building or structure. COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES: Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. FEDERAL COMMUNICATIONS COMMISSION: The federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. GUYED TOWER: A tower that is supported, in whole or in part, by wires and ground anchors. LATTICE OR SELF - SUPPORTED TOWER: A tower erected on the ground that consists of metal crossed strips or bars to support antennas and related equipment. MAST: That portion of the outside antenna system to which the antenna is attached, and the support of extension is required to elevate the antenna to a height deemed necessary for adequate operation. PRIVATE PROPERTY: Land that is not "public property" as defined in this section. PUBLIC PROPERTY: Land owned or operated by a government entity. PUBLIC UTILITY: Persons, corporations, or governments supplying gas, electric, transportation, water, or landline telephone services to the general public. For the purposes of this chapter, wireless telecommunication service facilities shall not be considered public utility uses and are defined separately. SERVICE PROVIDER: Any individual or entity that provides wireless telecommunication services. TOWER: Any pole, monopole, spire, or structure (excluding structures required for the transmission of electric energy), or any combination, to which any antenna could be attached, or which is designed for any antenna to be attached, and all supporting lines, cables, wires and braces. (Amd. Ord. 364, 2- 19 -08) TOWER, MULTI -USER: A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity. TOWER, SINGLE USER: A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this chapter. (Ord. 270, 12 -5 -2000) 9 -12 -3: PERMIT AND LEASE AGREEMENT REQUIRED: All towers and antennas over thirty five feet (35') from ground level shall require a conditional use permit and building permit approvals frorn the City. All towers and antennas on City -owned public property shall require a lease agreement with the City. Any changes to a tower or antenna shall require an amended conditional use permit. (Ord. 364, 2 -19 -2008) 9 -12 -4: HEIGHT REQUIREMENTS: A. In Commercial and Industrial zoning districts, towers and antennas may not exceed 150 feet in height. B. In residentially zoned districts, towers and antennas may not exceed 120 feet in height. ' C. Antennas (including the mast) may be mounted on a building or structure provided that the antennas do not extend over fifteen feet (15') above the highest portion of the roof of the building or structure. (Ord. 364, 2 -19- 2008) 9 -12 -5: ZONING DISTRICT REGULATIONS: A. Residential Zoning Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter may be allowed only in the following residentially zoned locations: (Ord. 270, 12 -5 -2000; amd. 2003 Code) a. Church sites, when camouflaged; b. Public land, including City water towers, schools, and publicly - purchased parks when the City Council determines that the tower will not adversely affect the use of the park or neighboring properties; (Ord. 364, 2 -19 -2008) c. Utility and transmission structures located in public rights -of -way; when attached thereto; and d. Utility and transmission structures located outside of public rights -of -way, exclusively to serve the structures. (Ord. 364, 2 -19- 2008) 2. Only one tower or monopole shall exist on any one residentially zoned parcel of land. B. Commercial And Industrial Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter may be allowed only in the following commercially and industrially zoned locations: a. Industrial (1) zoned parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; b. Commercially zoned parcels (Shopping Center SC and General Business GB) parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; and c. Utility and transmission structures located in public rights -of -way when attached thereto. d. Utility and transmission structures located outside of public rights -of -way exclusively to serve these structures. (Ord. 364, 2 -19- 2008) 2. Only one tower shall exist on any one industrially or commercially zoned parcel of land. (Ord. 270, 12 -5 -2000) 9 -12 -6: COLOCATION REQUIREMENTS: All telecommunication towers erected, constructed, or located within the city shall comply with the following requirements: A. A proposal for a new telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing approved tower or building due to one or more of the following reasons: 1. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed structural engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. 2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost. 3. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. 4. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building. B. Towers must be designed to allovi for future arrangement of antennas upon the tower and to accept antennas mounted at varying heights. A tower one hundred feet (100') or more in height shall accommodate at least three (3) additional users. (Ord. 270, 12 -5 -2000) (Ord. 364, 2 -19- 2008) 9 -12 -7: DESIGN REQUIREMENTS: Telecommunication service towers shall be of a monopole design unless the City Council determines an alternative design would better blend into the surrounding environment. Lattice towers are prohibited. (Ord. 270, 12 -5 -2000) 9 -12 -8: SETBACKS: Towers shall conform with each of the following minimum setback requirements: A. Towers and ground mounted equipment shall meet the building setbacks of the underlying zoning district as stated in the zoning ordinance. B. Towers shall be set back from all structures and all property lines at a distance equal to the height of the tower (plus an additional 10 feet), unless a qualified professional structural engineer certifies in writing that the collapse of the tower will occur within a lesser distance under all foreseeable circumstances. C. A tower's setback may be reduced or its location in relation to a public street or neighboring property varied, at the sole discretion of the City Council. The Council's decision must be based on legitimate findings such as, but not limited to: a. Aesthetic concerns b. Safety concerns c. City staff review (Ord. 364, 2 -19 -2008) 9 -12 -9: GENERAL REQUIREMENTS: All towers and antennas for which a permit is required shall comply with the following requirements: A. Lighting: Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. B. Signs And Advertising: The use of any portion of a tower for signs is prohibited. Warning or equipment signs are exempt frorn this provision. C. Supplemental Information: Applications for towers shall include the following supplemental information: 1. A repoii from a qualified and licensed professional engineer that: a. Describes the tower height and design including a cross section and elevation; b. Documents the height above grade for all potential mounting positions for co- located antennas and the minimum separation distances between antennas; c. Describes the tower's capacity, including the number and type of antennas that it can accommodate; d. Documents what steps the applicant will take to avoid interference with established public safety telecommunications; e. Includes an engineer's stamp and registration number; f. A coverage map showing what portions of the city will be served by the user, along with future coverage plans and potential construction sites to provide similar service elsewhere in the city; g. A report indicating that the request meets technical emission standards set by the FCC; and h. Includes other information necessary to evaluate the request. 2. For all telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. 3. Before the issuance of a building permit, the following information shall be submitted to the city: a. Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration; and b. A report frorn a qualified and licensed professional engineer that demonstrates the tower's compliance with the aforementioned structural and electrical standards. (Ord. 270, 12 -5 -2000) 9- 12 -10: GROUND MOUNTED EQUIPMENT: A. Ground mounted equipment shall be stored within a closed, secure building. All buildings accessory to a tower or antenna shall be architecturally designed to blend in with the surrounding environment. (Ord. 364, 2 -19 -2008) B. Screening shall be provided in compliance with Chapter 12 -13 -5. (Ord. 364, 2 -19 -2008) _s r. 9- 12 -11: NONCONFORMING ANTENNAS AND TOWERS: Antennas and towers in existence prior to the adoption of this chapter that do not conform to or comply with the provisions of this chapter may continue in use for the purpose now used and as now existing but may not be structurally altered without complying with this chapter. (Ord. 270, 12 -5 -2000; amd. 2003 Code) 9- 12 -12: INTERFERENCE WITH PUBLIC SAFETY ' TELECOMMUNICATIONS PROHIBITED: No new or existing telecommunications services shall interfere with public safety telecommunications. (Ord. 270, 12 -5 -2000) 9- 12 -13: DAMAGED OR DESTROYED ANTENNAS AND TOWERS: If an antenna or tower is damaged or destroyed due to any reason or cause whatsoever, the same may be repaired or restored to its former use, location and physical dimensions upon obtaining a building permit. The repair or restoration must comply with this chapter. Provided, however, that if the cost of repairing such damaged or destroyed antenna or tower would be fifty percent (50 %) or more of the cost of purchasing and erecting a new antenna or tower of like kind and quality, as estimated by the Building Official, and to the former use, physical dimensions and location, then the antenna or tower may not be repaired or restored except in full compliance with the requirements of this - chapter. (Ord. 270, 12 -5 -2000; amd. 2003 Code) 9- 12 -14: ABANDONED ANTENNAS AND TOWERS: Any antenna or tower that is not used for one year shall be deemed abandoned. Within ninety- (90) days of notice by the city, the antenna or tower and all other associated equipment must be removed from the property. If the antenna or tower and equipment are not removed from the property within the time period as stated herein, a public nuisance may be declared, and the city may order that the public nuisance be abated in a manner consistent with ordinances and policies of the city. (Ord. 270, 12 -5 -2000; amd. 2003 Code) 9- 12 -15: VARIANCES: Variances from the provisions of this chapter shall be processed and granted or denied in the same manner and based on the same criteria as stated in the city zoning ordinance'. (Ord. 270, 12 -5 -2000) 9- 12 -16: VIOLATION; PENALTIES: Any person who shall violate any provision of this chapter shall be charged with a misdemeanor and upon conviction thereof, shall be subject to applicable fines and imprisonment as See section 12 -15 -7 of this code. defined by state law. In addition to the penalties imposed by this chapter, the city may exercise, with or separately from such penalties, all and any other legal and equitable remedies then available to the city by this chapter, or by statute, or by other ordinances of the city, or by applicable rules or regulations, to enforce this chapter, including, without limitation, injunction. (Ord. 270, 12 -5 -2000) kC I T Y ,l5 y, 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 SUBJECT: PUBLIC HEARING: Residential Sketch Plan for properties located at 14123 Prairie Road NW and north of Shadowbrook Residential Development. DATE: November 12, 2013 INTRODUCTION The Planning and Zoning Commission is asked to review a residential sketch plan for an 18 -lot single family urban residential development as shown on the attached location map, as requested by Mr. Tony Hennen of TH Construction. DISCUSSION The sketch plan is intended to illustrate how this particular property can be developed. It is important to note that not all of the property owners in this area are interested in development at this time; however a ghost plat showing how the properties to the north may be platted in the future is shown on the sketch plan as well. Background The sketch plan has been reviewed by The Andover Review Committee (ARC). Comments have been submitted to Mr. Hennen and attached for your review. Mr. Hennen met with staff to discuss the comments; the attached sketch plan reflects some of the changes associated with staff comments. Conformance with Local and Regional Plans and Ordinances 1. The property is located within the 2020 MUSA Boundary and within the current stage of sewer expansion. 2. The property is zoned Single Family Rural Residential (R -1). A rezoning to Single Family Urban Residential (R -4) will be necessary to allow the project to move forward. Access Access would be provided from Ilex St NW as shown on the sketch plan. As future development occurs to the north, the development will gain access to Prairie Rd NW. Utilities Trunk sewer and water lines are located south of the land within the Shadowbrook development and will be available to extend to this development. The Utility Plan will be reviewed as part of the preliminary plat. Lots Lot size requirements are 11,400 square feet, 80 —feet wide, 90 -feet width for corner lots and 130 -feet deep. Each of the lots meets the required lot size and width. However, Block 1, Lots 1 — 7 and 10 — 14 will require variances for lot depth. City code requires a minimum lot depth of 130 feet. Minimum lot depth for these particular lots is 127 feet. Floodplain and Wetlands A significant amount of floodplain exists along the eastern side of the property. The wetland delineation is in progress. The full report will be submitted as part of the preliminary plat. Coon Creek Watershed District (CCWD) The developer will prepare a grading plan, hydrology calculations and a soils report that will be reviewed by the City, an engineering consultant and the CCWD. The CCWD will need to have reviewed the preliminary plat and the developer will need to address any issues that are raised during that review before a public hearing will be scheduled for the preliminary plat. Coordination with other Agencies The developer and /or owner are responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District, Minnesota Pollution Control Agency, LGU and any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding this item. Park and Recreation Commission The Park and Recreation Commission reviewed the sketch plan at their November 7, 2013 meeting. The Commission recommended cash in lieu of land dedication. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing and informally advise the applicant on adjustments to the proposed project to conform with local ordinances and review criteria. Attachments Location Map Sketch Plan City Staff Comments Res ectfull ub 'tted, Stephanie L. Hanson Cc: TH Construction, 617 E. 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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 0 2013 City of Andover, All Rights Reserved -0 Printed 11/0512013 s 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 0 2013 City of Andover, All Rights Reserved -0 Printed 11/0512013 s MY Yw' lW m .R-42'u Tnr, ,� -- lf — — — — — lr II III III III A nflilljf-1/\nl ill ilI iii r,uvlllh Ivl � III i �• III .a ill Ili WMIY UAP `� \ ` / NOTES i..1 p ntl nos mad. no nwa ndapandmt .eorrA fr w.anwb an ,ar xt'j!' 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Met Nm Tmtl Nana 411,216 s,& 10.03 ass ,uv- ss¢ g 464 wank - 1.46 sass P e, m - MM dew LEGEND add_ _ OENORS EA61eiG WAR S ACE CONIWN — — DEN YM IRIIOMO sE2 M WE Gulden, A .Ye PrePewn yard, m feet R 'Ya4 b frl Side Me (xww}. 10 time sale We ( lock 25 twt SW pd (Yel is bwk rot) u fool tat yn.,,orY ('mre M M1.l fa W.) a foal thumbs of lots 16 Rnlew,tkl 9n�Mwl 'L. 0.262 bass M,.It� fat Ne6 2mullt*pM 1.. oenw/!w4b"w 111 La0.1nutlen pf MWe. Ma en Ead Man sb.et Mdu,. MN SSW] TWY N.nw 261-422 -6909 DN¢w/saudynr Npltan.m Md. Nrea mn 26un A.U. Mma MN SSx3 (763) 427-6660 USCPIPTION OF PROPERTY The South 11170 feel of the Southwest Quarter of Seatlon 25, Township 32, Range 24, Anoka County, Minnewto, lying EastMy of the Easterly right of way line of ProMle RoW. I III / WMIY UAP `� \ ` / NOTES i..1 p ntl nos mad. no nwa ndapandmt .eorrA fr w.anwb an ,ar xt'j!' 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Met Nm Tmtl Nana 411,216 s,& 10.03 ass ,uv- ss¢ g 464 wank - 1.46 sass P e, m - MM dew LEGEND add_ _ OENORS EA61eiG WAR S ACE CONIWN — — DEN YM IRIIOMO sE2 M WE Gulden, A .Ye PrePewn yard, m feet R 'Ya4 b frl Side Me (xww}. 10 time sale We ( lock 25 twt SW pd (Yel is bwk rot) u fool tat yn.,,orY ('mre M M1.l fa W.) a foal thumbs of lots 16 Rnlew,tkl 9n�Mwl 'L. 0.262 bass M,.It� fat Ne6 2mullt*pM 1.. oenw/!w4b"w 111 La0.1nutlen pf MWe. Ma en Ead Man sb.et Mdu,. MN SSW] TWY N.nw 261-422 -6909 DN¢w/saudynr Npltan.m Md. Nrea mn 26un A.U. Mma MN SSx3 (763) 427-6660 USCPIPTION OF PROPERTY The South 11170 feel of the Southwest Quarter of Seatlon 25, Township 32, Range 24, Anoka County, Minnewto, lying EastMy of the Easterly right of way line of ProMle RoW. I III / `� \ ` / NOTES i..1 p ntl nos mad. no nwa ndapandmt .eorrA fr w.anwb an ,ar \ DfIdOIES EMSTMa PMCEL 101py en hip a r�Mkll'Ie p.,mla. ownerd,6, Wa eddanw, an mY oNa bN that m count s, brk W..ssrcn eMdo... 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N, sn O H y4 O Pa t O o A 'd'4 w U i a v I N C I T Y O F ND O 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV MEMORANDUM TO: Stephanie Hanson, City Planner FROM: David Berkowitz, Director of Public Works /City Engineer Jason J. Law, Asst. City Engineer Todd J. Haas, Assistant Public r s Director /Parks Coordinator DATE: October 14, 2013 REFERENCE: TH Construction — Sketch Plan Review #1 The following items are in regards to Review #1 of the Sketch Plan 1. A wetland delineation will be required which must be approved by the Coon Creek Watershed District (CCWD). There is no indication on the sketch plan that the CCWD has approved the wetland boundaries. 2. The developer is responsible to obtain the necessary permits from the CCWD, DNR, U.S. Army Corps of Engineers, MPCA or any other agency that is interested in the site. 3. Need to meet the requirements of the City of Andover Water Resource Management Plan. Based on the timing of the storm water design for the development, the Developer's Engineer must incorporate new Atlas 14 rainfall events at part of the design. 4. Need to identify the designated Federal Emergency Management Agency (FEMA) floodplain (floodway and flood fringe) boundaries on the sketch plan. The 100 year flood elevations (either the FEMA designated elevations or the Coon Creek Watershed District Atlas 14 calculated elevations) must be identified on the sketch plan so the developer is aware of the areas that may not be able to be developed. It will be necessary to contact the CCWD for this information. 5. A buffer strip will be required for wetlands and storm water areas. Some of the lots in the development may be impacted by the floodplain areas, wetlands and /or buffer strip areas. The developer's surveyor /engineer will need to evaluate to ensure lots can be made buildable due to these impacts. 6. Need to submit a tree protection plan with the submittal of the preliminary plat. 7. A copy of the sketch plan should be forwarded to the Anoka County Highway Department for their review even though the property is not adjacent to a County road. 8. A 20 foot radius corner is required for the intersection right -of -ways within the sketch plan where a city street intersects with another city street. Also where the cul -de -sac intersects with the straight portion of the street shall also be rounded at a radius of not less than 20 feet. 9. Additional right of way will be necessary to accommodate for a right turn lane along Prairie road for north bound traffic that will need to be constructed at some point into the future. The additional right of way is to be measured 50 feet from the existing centerline of the street right of way. 10. It is recommended to sketch lots and streets on how the property north of the proposed development will be served from Prairie Road and from this development. 11. Need to indicate the existing right -of -way width and all existing drainage and utility easements within and adjacent to the site to allow for a proper review of the sketch plan. 12. Are there any existing easements (private or public) that need to be vacated? If there are, they should be clearly indicated on the sketch plan so that it can be determined if the easement needs to be vacated. 13. As part of the preliminary plat, drainage and utility easements will need to be provided to allow utilities to be looped as required in various portions of the development. This will be determined as part of the preliminary plat submittal. Note: Watermain will need to be extended between Lots 8 & 9 Block 1 out to the Prairie Road watermain so that the system is looped and there are no dead end watermains. 14. Drainage and utility easements will be required for all ponding areas. This will be evaluated as part of the preliminary plat submittal. 15.A preliminary sanitary sewer and water main layout will be reviewed later as part of the preliminary plat submittal. 16. A variance will be required for the length of the cul -de -sac as it will exceed the maximum of 500 feet as identified in City Code 11 -3 -3G. 17.A bikeway /walkway trail is recommended from 1415 Avenue NW cul -de -sac to the existing trail along Prairie Road between Lots 8 & 9 Block 1. Need to discuss this further with the Engineering staff. 18. Park & Recreation Commission will need to review and recommend the park dedication requirements for the proposed development. Note: The Engineering/Public Works Department would prefer that there is no small neighborhood park in this vicinity. 19. Need to meet requirements of all City Codes that apply specifically City Code Section 11. 20. When beginning the platting process the plat, the grading plan and all other plans must utilize the Anoka County coordinate system and datum so the information can be transferred to the City's GIS mapping. 21. When the final plat is approved and recorded, the developer must submit a digital copy of the plan. 22. See additional comments on the plan. 23.Additional comments pending further review. Note: It is a requirement that the Developer respond to each of these items in writing when re- submitting the revised sketch plan to the City. If you have any questions, feel free to contact David Berkowitz, Director of Public Works /City Engineer at (763)767 -5133, Jason Law, Assistant City Engineer at (763)755 -5130 or Todd Haas at (763)755- 5131. Stephanie Hanson From: Robbie Bartholomew Sent: Wednesday, October 16, 2013 11:30 AM To: Stephanie Hanson Subject: TH Construction Fire Department hasn't any comments on this sketch plan, but will require additional access roads on any future developments to the north. Thanks Robbie Roberta "Robbie" Bartholomew Andover Fire Marshal 13875 Crosstown Blvd Andover, MN 55304 Office 763-755-9825 Cell 612- 328 -2605 Fax 763-755-9583 C I T Y O F ND 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: David L. Carlberg, Community Development Director SUBJECT: Public Hearing: Consider Amendments to the City Code 12 -2 -2, Definitions; 12- 12, Permitted, Conditional and Prohibited Uses and 12 -14, Administration and Enforcement DATE: November 12, 2013 BACKGROUND Over the past year, the Planning and Zoning Commission has been working through the land use table, reviewed interim use regulations, and revised and recommended new definitions to the City Code. On June 11, 2013 the initial review of the land use table was completed by the Commission. The City Council held three work sessions on June 25th, August 27th and September 24th to review the proposed changes recommended by the Commission. City Council during these work sessions also recommended changes to the land use table and requested revisions and new definitions to support the uses listed on the table in City Code 12 -12. Council also requested the table be broken into residential and commercial /industrial uses. Attached is an ordinance amendment that culminates and reflects all of the changes by both the Commission and City Council. Respectfully ,,Submitted, David L. Carlberg CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING THE CITY CODE TO ADD AND AMEND DEFINITIONS; TO UPDATE THE PERMITTED, CONDITIONAL AND PROHIBITED USE TABLE AND TO PROVIDE PROVISIONS FOR INTERIM USES THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINITIONS 12 -2 -2: DEFINITIONS The following words and terms are being amended or added to this title. All other terms and definitions shall remain as written and adopted by the Andover City Council. BED AND BREAKFAST: A small lodging establishment that offers overnight accommodations and breakfast for a fee, but usually does not offer other meals. CLUB, PRIVATE: Aplace of assembly and activity where membership is required and directed toward and limited to people with specific interests or of a specific group. CLUB, PUBLIC: A place of assembly and activity where membership typically is required and is directed toward the general public, and where the sponsoring organization is non - profit. COMMERCIAL GREENHOUSE: A retail business where the primary operations are the selling of landscaping and plant materials grown on site either in an enclosed building or outside. DAYCARE CENTER: Any facility, public or private, that, for compensation or otherwise, provides for the care of children outside their homes for periods of less than twenty four (24) hours per WIN will W 10110 141 CLUB, PRIVATE: Aplace of assembly and activity where membership is required and directed toward and limited to people with specific interests or of a specific group. CLUB, PUBLIC: A place of assembly and activity where membership typically is required and is directed toward the general public, and where the sponsoring organization is non - profit. COMMERCIAL GREENHOUSE: A retail business where the primary operations are the selling of landscaping and plant materials grown on site either in an enclosed building or outside. DAYCARE CENTER: Any facility, public or private, that, for compensation or otherwise, provides for the care of children outside their homes for periods of less than twenty four (24) hours per day. Daycare centers include, but are not limited to, day nurseries, nursery schools, childcare centers, and daycare facilities (includes family and group family daycare facilities per Minnesota State Statutes). EDUCATIONAL INSTITUTION OR FACILITY: a public or private elementary, middle, secondary, post- secondary or vocational school having a course of instruction meeting the compulsory education requirements of the Minnesota board of education. GROUP FAMILY DAYCARE FACILITY: means a day care for no more than 14 children at any one time. The total number of children includes all children of any caregiver when the children are present in the residence. MANUFACTURING, LIMITED: Such uses include, but are not limited to, the following: lumberyard, machine shops, products assembly, sheet metal shops, plastics, electronics, contractors' shops and storage yards, food and nGRalsehelis beverages, signs and displays, printing, publishing, fabricated metal parts, appliances, clothing and textiles. PROFESSIONAL STUDIO: A building or portion of a building used as a place of work by an artist, photographer, or artisan, ar used fer radie or teleyosinn bYlladGaS #inn RENTAL BUSINESS: The rental of equipment associated with the primary use of the property. living twG (2) dwelling units or separate quarteF6 design Fental er lease basis for prefit, the primary puFpese being .. landing .. .. similar uses .. and/or place that is a destination for vacation, recreation, or rest, o which is frequented for a particular purpose, often with food, RETAIL RAD AND goods ever aGOURter. These iRG!ude: antiques, art and .. - - -- -- - - -- -- - - - -- -- - .. 10.010. Wa ... IV IN IF- ... .. .. .. 311r. . P. . apparel . business having as its primarV function the supply of merchandise, wares, and/o personal services to the consumer. CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 12: PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES (Table Added Here) CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 14: ADMINISTRATION AND ENFORCEMENT 12 -14 -8: PUBLIC HEARING PROCESS: A. Council Actions Requiring a Public Hearing: The following Council actions shall require a public hearing: 1. Variance 2. Conditional Use Permit (CUP) 3. Rezoning and Text Amendment 4. Sketch Plan 5. Preliminary Plat 6. Comprehensive Plan Amendment 7. Interim Use Permits B. Public Hearing 1. A public hearing on an application for Council actions in this chapter shall be held by the Planning Commission in accordance with the Minnesota State Statutes. 2. A notice of the time, place, and purpose of the hearing shall be published in the official newspaper of the city ten (10) days prior to the day of the hearing. 3. Property owners and occupants within three hundred fifty feet (350') of subject properties located inside the Municipal Urban Service Area (MUSA) (based on the City's most current version of Anoka County Property Records) shall be notified in writing. 4. Property owners and occupants within seven hundred feet (700') of subject properties located outside the MUSA (based on the City's most current version of Anoka County Property Records) shall be notified in writing. 5. The notification distance shall be measured from the perimeter of the subject property. Property owner notifications shall be sent by mail. Failure by any property owner or occupant to receive such notice shall not invalidate the proceedings. 6. Staff shall have discretion to expand the notification area on a case by case basis. 7. The hearing may be continued from time to time in the event the Planning and Zoning Commission needs additional information from the applicant or other sources to make its decision. 8. The Planning Commission recommendation shall be presented to the City Council. 9. The City Council shall make the final decision on the proposed action (Amended Ord. 342, 3 -6 -07) 12- 14 -12: INTERIM USE PERMITS (A) Purpose. Certain land uses might not be consistent with the land uses designated in the Comprehensive Land Use Plan and they might also fail to meet all of the zoning standards established for the district within which they are proposed. Some such land uses may, however, be acceptable or even beneficial if reviewed and provisionally approved for a limited period of time. The purpose of the interim use review process is to allow the approval of interim uses on a case -by -case basis. Approved interim uses shall have a definite end date and may be subject to specific conditions considered reasonable and /or necessary for the protection of the public health, safety and general welfare. (B)Application/Fee. The person applying for an Interim Use Permit shall fill out and submit to the Community Development Director a request for Interim Use Permit form together with a fee as set forth by ordinance. The Community Development Director shall have ten (10) working days from receipt of the application to determine completeness. The Community Development Director shall refer completed applications to the Planning and Zoning Commission. (C) Procedures. The public hearing, public notice and procedural requirements for interim use permits shall be as provided in 12 -14 -8. The City Council shall act upon the interim use permit within sixty (60) days from the date of submission of a complete application unless an extension has been provided pursuant to Minnesota Statutes 15.99. Approval of a request shall require a four -fifths (4/5) vote of the entire City Council. (D) Standards. The Planning Commission shall recommend an interim use permit and the Council shall issue such interim use permit only if it finds that such use at the proposed location: (1) Will not create an excess burden on parks, streets, and other public facilities; (2) Will not be incurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; (3) Will not have a negative effect on values of property and scenic views; (4) Will not impose additional unreasonable costs on the public; (5) Will be subiected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner may be required to provide an appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit; (E) Termination. An interim use permit shall terminate upon the occurrence of any of the following events; whichever occurs first: (1) Five (5) years from the date of approval; or (2) The date or event stated in the permit; or (3) A change in the city's zoning regulations; or (4) The use has been discontinued for six months. (F) Revocation. The City Council may revoke any interim use permit for cause upon determination that the authorized interim use is not in conformance with the conditions of the permit or is in continued violation of the City Code or other applicable regulations. (G) Renewals. If an approved interim use is to be continued beyond the date of its expiration or if an expired interim use is to be reinstated, an applicant shall follow the above process for seeking a new interim use approval. (H) Reapplication after Denial. No application for an Interim Use Permit shall be resubmitted for a period of one year from the date of said order of denial. 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 Chapter 12 updated 11/7/13 PERMI'T'TED, PERMITTED ACCESSORY CONDITIONAL, INTERIM AND PROHIBITED USES" P- Permitted Use R -1- Single Family -Rural M-2-Multiple Dwelling I- Industrial PA- Permitted Accessory Use R -2- Single Fancily- Estate GR- General Recreation W3 C- Conditional Use SEE FOOTNOTES R -3- Single Family- Suburban LB- Limited Business X- Prohibited Use R4- Single Family- I ftban NB- Neighborhood Business PUD- Planned Unit Development R-5- Manufactured Housing SC- Shopping Center I- Interim Use M -1- Multiple Dwelling- Low Density GB- General Business Permitted, Permitted Accessory, Conditional, and Prohibited Uses Zoning Districts aei W2 W3 R-43 W aE� 1 Adult use business as defined in Title 3 Chapter 7 of the City Code X X X X X X X 2 Agricultural uses - rural outside MUSA bounds only) P P P X X X X 3 Agricultural uses - urban P P P P P P P 4 Animal Therapy Facility-on properties larger than five acres in size C C C X X X X 5 ,principal Any incidental repair, processing, and storage necessary to conduct a permitted commercial or industrial principal use but not to exceed thirty percent (30 %) of the floor area space of the building. X X X X X X X 6 Antennas in excess ofthirty-five feet 35' in height in compliance with City Code 9 -12 C C C C C C C 7 Auto reduction yards X X X X X X X 8 Automotive rec ling yards X X X X X X X 9 Automobile Service Stations in compliance with Citv Code 12 -A -7 X X X X X X X SO Barbershops and beauty salons C C C C C C C 10A Bed and breakfast C C C C C X X 11 Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in compliance with City Code 12-H-5 C X X X X X X 12 BusinessSeheels X X X X X X X 13 Cabinet making/wood working (home occupation) in compliance with City Code 12 -9 C X X X X X X 14 Car wash automated X X X X X X X 15 Car wash selfservice) X X X X X X X 16 Car wash, accessory to automobile service station X X X X X X X 17 Cemeteries C C C C C C C 18 Christmas tree sales X X X X X X X 19 Churches C C C C C C C 20 r.. -_hes�„�„��,,,_„�__-a•.._ `„'` °. ht-nw • . �.�_•. -''. G G G G G G c- 21 Clubs and lodges C C C C C C C 22 Colleges and similar institutions C C C C C C C 23 Commercial animal training 2.5 acre minimum residential lot size C C C X X X X 24 Commercial dog kennel license minimum 2.5 acre lot size in compliance with Citv Code 5 -1A. C C C G G X X 25 Commercial greenhouse C C C GAF Gk " " 26 Genrmere+ol- parks, campgrounds, trail ride , gun clubs and ranges, archery ranges, racetracks, and C X X X X X X 27 Commercial recreation, not including therapeutic massage establishments X X X X X X X 28 Gem"' °' °at:ea- etAer- Nten -s iHed X X X X X X X 29 Commercial riding stables C X X X X X X 30 Composting facilities (including commercial, industrial, governmental, or institutional) X X X X X X X 30A Continuous operation of a business Footnote 10 & 11) X X P P X X X 31 Crafts and antique businesses in buildings designated as historical sites by a county, state, or national) recognized historical organization X X X C x X X C — 32 Crematorium in com liance with definition under Citv Code 12 -2 X X X X X X X 33 Danee-halts- 34 Aaneina -or Restaurant with live entertainment X X X X X X X 35 Daycare centers Commercial X X X X X X X 36 Da are centers (drop in ) X X X X X X X 37 Daycare Centers- Home Occupation 12 or fewer children) P P P P P P P 38 Daycare Centers -Home Occupation 13 or more children C C C C C C C 39 Drive in businesses or businesses with a drive through window X X X X X X X 40 Dry Cleaning Processing (Amended Ord. 323, 2 -7- 2006) in compliance with definition under City Code 12 -2 X X X X X X X 41 Elrmerua - 'dr- ki�kt- ;e#taak P P P P P F P 41A Educational institution orFacility C C C C C C C 42 Essential service structures i P P P P P P P 43 Excavation greater than 400 cubic yards when no building permit has been issued in cmm�liance with City Code 12 -A C I - FI - C-1 - Cl - 61 - C-4 - EI - 44 Exterior storage of waste tires - X X X X X X X 45 Feediols, except Anoka Independent Grain and Feed Inc. which is a permitted use that predates the adoption of this ordinance. X X X X X X X 46 Financial institutions X X I X I X X X X 47 Farm Wineries subject to City Code 12 -9 -12) C C C X X X X 48 Gara es and Aceessor% Structures in com [liance kith Citc Code 12 -6 PA PA PA PA PA PA PA 49 Golfcourses and driving ranges C C C C C C C 50 F.alf X X X X X X X KA Grou Fomih Daccnre Facility P P P P P P P 51 IHiLhway construction materials (tem orarc processing and storage) Cl Cl Cl GI Cl GI CI Cbapter 12 updated 11/7/13 PERMI -1717ED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED US& P- Permitted Use R -1- Single Family -Rural M-2-Multiple Dwell I- Industrial PA Permitted Accessory Use R -2- Single Family- Estate GR General Recreation C- Conditional Use SEEF0017NOTES R -3- Single Family- Suburban LB- Limited Business X- Prohibited Use 114- Single Family- Urban NB- Neighborhood Business PUD- Planned Unit Development R -5- Manufactured Housing SC- Shopping Center I- Interim Use M -1- Multiple Dwelling- Low Density GB- General Business Permitted, Permitted Accessory, Conditional, and Prohibited Uses Zon ng Districts Ilk 52 Home occ Lions within principal structure in compliance with City Code 12409 PA PA PA PA PA PA 53 Home occupations in accessory structure on a parcel of land three (3) acres or larger utilizing an accesso structure and/or exterior story a in com liance with Ci Code 12-10:9 C rPA C C C C C 54 Hotels and motels X X X X X X 55 Interior store of more than ei ht 8 waste tires X X X X X X 56 57 7 rds X X X X X X 58 domestic animals in compliance with City Code Title 5 PA PA PA PA PA PA PA 59 K eeping of not more then tis a 2) boarders or roomers, uo to hvn permns, by a resident family, with no private cooking facilities PA PA PA PA PA PA PA 60 Keepingef pleasurelrecreation animals on residential properties at least 2.5 acres in size in compliance with City Code Tide 5 and definition under City Code 12.2 PA PA PA PA X X X 61 °° -pi* f farm animals up to 5 per acre, plus one additional farm animal per acre above 5 acres on residential properties 5 acres or greater up to a maximum of 20 animals!) and definition under City Code 12 -2 P P P X X X X 62 Keeping of more farm animals _-realer than allowed as a permitted use on residential properties 5 acres or greater in compliance with City Code Title 59 and definition under City Code 12 -2 C C C X X X X 63 Rte"' a poultry on residential properties with neither municipal sewer and water in compliance with City Code Title 5 and definition under City Code 12 -2 P P P X X X X 64 Landfills X X X X X X X 65 Liquor licenses in compliance with City Code 3 -1 X X X X X X X 66 Liquor License, On -Sale Wine In compliance with City Code 3 -1 X X X X X X X 67 Licruor stores, off -sale in compliance with City Code 3 -1 X X X X X X X 68 Lumberyard X X X X X X X 69 Manufacturing united) X X X X X X X 70 Manufactured homes and modular homes, provided they are developed under a planned unit development and the complex is a minimum of twenty (20) acres in size X X X X PUD X X 71 Marinas C C C C C C C 72 Medical and dental clinics X X X X X X X 73 Medical clinic --2 F -hour contin uiousoperation X X X X X X X 74 Mini stooge indoor storaze only X X X X X X X 75 Mortuaries and funeral homes without crematorium X X X X X X X 76 Multiple dwellings X X X X X PUD PUD 77 Offices X X X X X X X 78 RA PA 144 PA FA FA 144 79 AuHloerJ'' artn t+no -hems 80 Outdoor display, storage, and sales X X X X X X X 81 Outdoor display, storage, and sales- during operating hours only X X X X X X X 82 Outdoor theaters X X X X X X X 83 Pawnbrokers- as defined in Title 3, Chapter 4 of the City Code X X X X X X X 84 Precious metal dealers -as defined in City Code 3 -4 X X X X X X X 85 Principal buildings exceeding height maximum subject to City Code 12 -3 -5 C C C C C C C 86 Private dog kennel license (2.5 acre minimum lot size required) in compliance with City Code 5 I C C C C C C C 87 PriNat PA PA PA PA PA PA PA 88 Professional studios X X X X X X X 89 Public and private forests and wildlife reservations and public parks P P P P P P P 90 Publicly owned and operated property except as herein amended P P P P P P P 91 Public utility uses for local service when located within public right of way.— P P P P P P P 92 Public utility structures and/or uses (all others) C C C C C C C 93 Aee+eation- xrens�tm!- swirnmi Is '1--4. PA PA PA RA 94 Recreational vehicle, boat, and marine equipment sales X X X X X X X 95 Relocated dwellin units in com liance with City Code 9 -11 C C C C C C C 96 Rental businesses (E ui ment ) X X I X X X X X 97 Repair services as defined in City Code 12-2 X X I X X X X X 98 Research laboratories X X X X X X X 99 Resorts C C C X X X X 100 Group Homes ac regulated 6c Stale Statute C-11 C- P E-P f-P (�-P C P FP 101 Restaurants/cafes X X X X X X X 102 Retail trade and services X X X X X X X 103 SplranJ- itata�r+ �FnranFlr.. �J- auE�ys- arp.;{.hidlri*ak+ni;. #tr -mJy 104 School bus terminal X X X X X X X Chapter 12 updated 11/7113 PERMITTED, PERMITTED ACCESSORY CONDITIONAL, INTERIM AND PROHIBITED USES" P- Permitted Use R -1- Single Family -Rural M-2-Multiple Dwell' I- Industrial PA- Permitted Accessory Use R -2- Single Family- Estate GR- General Recreation V,2 C- Conditional Use see FOOTNOTES R -3- Single Family- Suburban LB- limited Business X- Prohibited Use R4- Single Family- Urban NB- Neighborhood Business PUD- Planned Unit Development R -5- Manufactured Housing SC- Shopping Center I- Interim Use M -1- Multiple Dwelling- Low Density GB- General Business (Amended Ord. 8,10-21-1970; amd. Ord. 8JJJJJJ, 7 -18 -2002; Ord. 8000000, 8 -5 -2002; Ord.8000QQQ, 10 -1 -2002; Ord 8RRRRRR, 10 -1 -2002; amd Ord. 8AAAAAAA, 4 -15 -2003; amd. 2003 Code; amd. Ord. 314 10 -4 -2005; amd. Ord. 385 7 -21 -09; amd. Ord. 388 10 -20-09; amd. Ord. 390 3 -1610; amd. Ord. 397 8- 17 -10; Amd. Ord. 404, 1 -IS -11 1 Conditional use permits for uses not listed herein shall not be granted except where the city council determines that said uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by conditional use permit and in accordance with the criteria as stated in subsection 12 -15 -61) of this title. 2 Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private system for each forty thousand (40,000) square feet where large lots are established. This shall not apply to lots of record at the time this title is adopted. On each new plat, the lots are to be developed in accordance with this chapter and shall be so designated. 3 Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal sewer and water is not available. (Amended Ord. 314, 10-4- 2005) 4 Provided a minimum of twenty five thousand (25,000) square feet of retail floor space is constructed, except as otherwise approved as part of a Planned Unit Development. 5 Including, but not limited to: buildings such as telephone exchange stations, booster or substations, elevated tanks and lift stations conforming to architectural style of the neighborhood. 6 Loading berths prohibited in the LD district. 7 Afier a minimum of two thousand (2,000) square feet of retail floor space is constructed, provided the site is two (2) acres or larger. 8 See subsection 13 -2-4 of this code for permitted, conditional, and prohibited uses in the AgP district. 9 Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12 -44. 10 Sec 12 -2 -2 for definitions of "Continuous Operation and Non - continuous Operation ". (Amended Ord. 421, 10 -2 -12) 11 From November 15th to January Ist continuous operation will be allowed in the General Business and Industrial Zoning District. (Amended Ord. 424, 11 -7 -12) 12 See subsection 12 -9 -2 of this code for permitted home occupations. Permitted, Permitted Accessory, Conditional and Prohibited Uses Zu nil Districts R*1 V,2 R4 M a i@6 105 Schools exceedin hei ht maximum u to 45 feet in hei t C C C C C C 106 Secondhand oods dealers as defined in Title 3, Cha er 4 of this code X X X X X X 107 Sin le -famil residential buildin detached P P P P PUD FPUD PUD 108 Sin le -famil residential buildin attached and townhouses X X X PUD X PUD 109 110 C 111 Subordinate Classroom Structures (when located on a licensed Primary and/or Secondary school property) P P P P P 1 P P 112 Subordinate Classroom Structures (when located on a property where there is a church as the principal use) C I - C I - C 1 - C I - C I - C I - C I - 113 Swimming is and recreation areas or structures PA PA PA PA PA PA PA 114 Theaters X X X X X X X 115 Therapeutic massage establishment (as a home occupation of Bring on site massage services) as regulated by chapter 9 of this title and title 3, chapter 6 of this code C C C C C C C 116 Toxic waste storage X X X X X X X 117 Transportation terminals or motor freight terminals X X X X X X X 118 PA PA PA PA PA PA PA 119 Two-family home conversions (splits) in compliance with City Code 12 -8 -1 C C C C C C C 120 Uses which may be detrimental to the health, safety, and wet fare of persons residing or working in the vicinity X X X X X X X 121 Vehicle sales new in Compliance with City Code 3 -8 X X X X X X X 122 Vehicle sales used in Compliance with City Code 3 -8 X X X X X X X 123 Veterinary clinics no outside pens or animal storage) X X X X X I X X 124 125 Vocational trade, business, and technical schools C C C C C C C 126 Warehouses X X X X X X X 127 Wholesale businesses X X X X X X X 128 Wind Energy Conversion Systems (WECS) -as defined in and in compliance with Title 9, Chapter 13 of this code. WECS are prohibited on WDE site. C C C C C C C (Amended Ord. 8,10-21-1970; amd. Ord. 8JJJJJJ, 7 -18 -2002; Ord. 8000000, 8 -5 -2002; Ord.8000QQQ, 10 -1 -2002; Ord 8RRRRRR, 10 -1 -2002; amd Ord. 8AAAAAAA, 4 -15 -2003; amd. 2003 Code; amd. Ord. 314 10 -4 -2005; amd. Ord. 385 7 -21 -09; amd. Ord. 388 10 -20-09; amd. Ord. 390 3 -1610; amd. Ord. 397 8- 17 -10; Amd. Ord. 404, 1 -IS -11 1 Conditional use permits for uses not listed herein shall not be granted except where the city council determines that said uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by conditional use permit and in accordance with the criteria as stated in subsection 12 -15 -61) of this title. 2 Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private system for each forty thousand (40,000) square feet where large lots are established. This shall not apply to lots of record at the time this title is adopted. On each new plat, the lots are to be developed in accordance with this chapter and shall be so designated. 3 Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal sewer and water is not available. (Amended Ord. 314, 10-4- 2005) 4 Provided a minimum of twenty five thousand (25,000) square feet of retail floor space is constructed, except as otherwise approved as part of a Planned Unit Development. 5 Including, but not limited to: buildings such as telephone exchange stations, booster or substations, elevated tanks and lift stations conforming to architectural style of the neighborhood. 6 Loading berths prohibited in the LD district. 7 Afier a minimum of two thousand (2,000) square feet of retail floor space is constructed, provided the site is two (2) acres or larger. 8 See subsection 13 -2-4 of this code for permitted, conditional, and prohibited uses in the AgP district. 9 Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12 -44. 10 Sec 12 -2 -2 for definitions of "Continuous Operation and Non - continuous Operation ". (Amended Ord. 421, 10 -2 -12) 11 From November 15th to January Ist continuous operation will be allowed in the General Business and Industrial Zoning District. (Amended Ord. 424, 11 -7 -12) 12 See subsection 12 -9 -2 of this code for permitted home occupations. Chapter 12 PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USESs P- Permitted Use R -1- Single Family -Rural M-2-Multiple Dwelling I- Industrial PA- Permitted Accessory Use R -2- Single Family - Fstate GR- General Recreation C- Conditional Use see FOOTNOTES R -3- Single Family- Suburban LB- Limited Business X- Prohibited Use R4- Single Family- Urban NB- Neighborhood Business PUD- Planned Unit Development R -S Manufactured Housing SC- Shopping Center I -Interim Use M -1- Multiple Dwelling- Low Density GB- General Business updated 11/7/13 Permitted Permitted Accessory, Conditional and Prohibited Uses 1 Adult use business as defined in Title 3, Chapter 7 of the City Code X X X X C C 2 Agricultural uses - rural outside MUSA bounds only) X X X X X X 3 Agricultural uses - urban P X X X X X 4 Animal Therapy Facili ort properties larger than five acres in size X X X X X X 5 Any incidental repair, processing, and storage necessary to conduct a permitted commercial or industrial principal use but not to exceed thirty percent (30%) of the floor area space of the 'nci lbuildin . X PA PA PA PA PA 6 Antennas in excess of thirty-five feet 35' in height In compliance with City Code 9 -12 C C C C C C 7 Auto reduction yards X X X X X X 8 Automotive recycling rds X X X X X X 9 Automobile Service Stations in compliance with City Code 12 -8 -7 X X C 7 C 4 C C 10 Barbershops and beauty salons X P P P P X 10A Bed and breakfast X X X X X X 11 Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in compliance with City Code 1785 X X C C C C 12 flosa,es5s4heols P 13 Cabinet makingtwood working (home occupation) 1n compliance with City Code 12 -9 X X X X X X 14 Car wash automated X X X N X X 15 Car wash self service X X X X P P 16 Car wash accessory to automobile service station X X X PA PA PA 17 Cemeteries X X X X X X 18 Christmas tree sales X I I I I 1 19 Churches X C X C X X 20 E 21 Clubs and lodges X X X X P X 22 Colleges and similar institutions X X X X X X 23 Commercial animal training (2.5 acre minimum residential lot size C C C C C C 24 Commercial dog kennel license minimum 2.5 acre lot size in compliance with City Code 5-1 A. X X X X X X 25 Commercial greenhouse X X X X X X 26 Cumoaerciel- pocks, campgrounds, trail- rides, gun clubs and ranges, archery ranges, racetracks, and C X X X X X 27 Commercial recreation, not including therapeutic massage establishments C C C C P-C C 28 C- mereial-reereatien-ethff than specifiefilly permitted C X X X X X 29 Commercial riding stables C X X X X X 30 Composting facilities (including commercial, industrial, governmental, or institutional X X X X X X 30A Continuous operation of a business (footnote 10) X X p p xii 7711 31 Crafts and antique businesses in buildings designated as historical sites by a county, state, or nationally recognized historical organization X X X X X X 32 lCrematorium in compliance with definition under City Code 12-2 X X X X C C 33 Dance-balls- E 34 Danein - -er Restaurant with li,e entertainment X X X C C X 35 Daycare centers (Commercial) X P P P P P 36 Daycare centers (drop in X PA PA PA PA PA 37 Da care Centers- Home Occupation 12 or fewer children X X X X X X 38 Daycare Centers-Home Occupation 13 or more children) X X X X X X 39 Drive in businesses or businesses with a drive through window X C C C C C 40 Dry Cleaning Processing (Amended Ord. 323, 2-7-2006) in compli a nce with deli nit! on under Ci tv Cale 12 -2 X X X — X — C C 41 Eleip _ seheek p p P p p p 41A Educntienal Institution or Facility C C C C C C 42 Essential service structures s P P P P P P 43 Excavation greater than 400 cubic yards when no building permit has been issued in cnmp7i:mce with City Code 12 -8 C —I - C -1 - C I - C -1 - 61 - EI - 44 Exteri or storage of waste ti res X X X X X X Feedlots, except Anoka Independent Gmin and Feed Inc. which is a permitted use that predates the adoption of this ordinance. X X X X X X Financial institutions X P P P P P b48 Farm Wineries (subject to City Code 12 -9 -12) X X X X X X Gara es end Aececsor% Structure. in com liance with City Code 12 -6 PA PA PA PA PA PA Golf courses and drivin,, ranges P C X X X X X Cirrif driving C X X X X X updated 11/7/13 J Chapter 12 updated 11/7/13 PE1231I "(TED, PERMITTED ACCESSORY- CONDITIONAL, INTERIM AND PROHIBITED USESs P- Permitted Use R -1- Single Family -Rural M-2-Multiple Dwelling I. Industrial PA- Permitted Accessory Use R -2- Single Farad - Estate GR- General Recreation NO C- Conditional Use SEE varntorrs R -3- Single Family- Suburban LB- limited Business X- Prohibited Use R4- Single Family - Urban NB- Neighborhood Business PUD- Planned Unit Development R -S- Manufactured Housing SC- Shopping Center I- Interim Use M-1- Multiple Dwelling- Low Density GB- General Business Permitted Permitted Accessory, Conditional, and Prohibited Uses GR LB NO W G8 I 51 Highway construction materials (temporary processing and story I I I I 1 1 52 Home occupations within orincipal structure in com liancewith CityCode 12 -409 X X X X X X 53 Home occupations in accessory structure on a parcel of land three (3) acres or larger utilizing an accessory structure and/or exterior storage in compliance with City Code 12480 X X X X X X 54 hotels and motels P X X C C P C C 55 Interior storage of more than eight 8 waste fires X C C C C C 56 X X X X X X 57 Junkyards X X X X X X 58 domestic animals in compliance with City Code Title 5 X X X X X X 59 ��nerrrhaotwe{2) boarders or roomers, up fo hyo cersnns, by a resident family, with no private cooking facilities X X X X X X 60 Kee ptae of pleasurelrecreation animals on residential properties at least 2.5 acres in size in com liance with City Code Title 5 and definition under City Code 12.2 X X X X X X 61 � farm animals tip to 5 ner acre, plus one additional farm animal per acre above 5 acres on residential properties 5 acres or greater up to a maximum of 20 animals and definition under City Code 12 -2 X X X X X X 62 fieepir e- of -more farm animals ereater than allowed as a permitted use on residential properties 5 acres or greater in compliance with City Code Title 59 and definition under City Code 12-2 X X X X X X 63 of poultry on residential properties with neither municipal sewer and water in compliance with City Code Title 5 and definition under Cih Cade 12 X X X X X X 64 Landfills X X X X X X 65 Li iorlicenses in com liance with Citv Code 3 -1 C X X C C C 66 Liquor License, On -Sale Wine in com liance with City Code 3 -1 X X C C C C 67 Liquor stores, off-sale in compliance with Citv Code 3 -1 X X X C C X 68 Lumberyard X X X X X C 69 Manufacturing X X X X P P 70 Manufactured homes and modular homes, provided they are developed under a planned unit development and the complex is a minimum of twenty (20) acres in size X X X X X X 71 Marinas C X X X X X 72 Medical and dental clinics X P P P P P 73 Medical clinic --d.' `mw continuious operation X C C C C C 74 Mini storage indoor stores we nnly X X X X C E- 75 Mortuaries and funeral homes w i shout crem atoriu m X P P P P P 76 Multiple dwellings X X X X X X 77 Offices X 6 P P P P 78 X X X X X X 79 X X G X X X 80 Outdoor display, storage, and sales X X C C C C 81 Outdoor display, storage, and sales- during operating hours only X X C C C C 82 Outdoor theaters C X X X X X 83 Pawnbrokers- as defined in Title 3, Chapter 4 of the City Code X X X C C C 84 Precious metal dealers -as defined in City Code 3-4 X X X C C C 85 Principal buildings exceeding height maximum subject to City Code 12 -3 -5 C C C C C C 86 Private dog kennel license (2.5 acre minimum lot size required) in compliance with Citc Code 5- IA X X X X X X 87 Pri+att- eara�er VA FA PA p-,} PA P:{ 88 Professional studios X P P P P P 89 Public and private forests and wildlife reservations and public arks P P P P P P 90 Publicly owned and operated property except as herein amended P P P P P P 91 Public utility uses for local service when located within public right of way. P P P P P P 92 Public utility structures and/or uses all others) C C C C C C 93 Reereatron- areas- and3ty immin r 94 Recreational vehicle, boat, and marine equipment sales X X X P P P 95 1 Relocated dwelling units in compliance with Ci h Code 9 -11 X X X X X X 96 Rental businesses (Equipment) X X I I P P 97 Repair services as defined in City Code 12 -2 X l' 1, P P P 98 Research laboratories X X X X P P 99 Resorts P C X X X X X 100 Rest+ooi a mdnursing -Iromes Group llomes as regulated be State SCthdc X P- X X X X X 101 Restaurants /cafes P C P P P P 102 Retail trade and services X C I P I P I P C 1k Chapter 12 updated 11/7/13 PERMITTED, PERMITTED ACCESSORY CONDITIONAL, INTERIM AND PROHIBITED USES" P. Permitted Use R -1- Single Family -Rural M- 2-Multi le Dwelling I- Industrial PA- Permitted Accessory Use R -2- Single Family- Estate GR General Recreation C- Conditional Use SEE rooT OM R -3- Single Family- Suburban LB- limited Business X- Prohibited Use R4- Single Family- Urban NB- Neighborhood Business PUD- Planned Unit Development R -5- Manufactured Housing SC- Shopping Center 1- Interim Use M -t- Multiple Dwelling- Low Density GB- General Business (Amended Ord. 8,10-21-1970; amd. Ord. 8JJJJJJ, 7 -18 -2002; Ord. 8000000, 8 -5 -2002; Ord.B000QQQ, 10 -1 -2002; Ord. 8RRRRRR, 10 -1 -2002; amd. Ord. 8AAAAAAA, 4-15 -2003; amd. 2003 Code; amd. Ord. 314104- 2005; amd. Ord. 385 7- 21 -09; amd. Ord. 38810- 20 -09; amd. Ord. 390 3- 16-10; amd. Ord. 3918- 17-10; Amd. Ord. 404,1-18-11 I Conditional use permits for uses not listed herein shall not be granted except where the city council determines that said uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by conditional use permit and in accordance with the criteria as stated in subsection 12 -15 -61) of this title. 2 Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private system for each forty thousand (40,000) square feet where large lots are established. This shall not apply to lots of record at the time this title is adopted. On each new plat, The lots are to be developed in accordance with this chapter and sball be so designated. 3 Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal sewer and water is not available. (Amended Ord. 314, 10A -2005) 4 Provided a minimum of twenty five thousand (25,000) square feet of retail Door space is constructed, except as otherwise approved as part of a Planned Unit Development. 5 Including, but not limited to: buildings such as telephone exchange stations, booster or substations, elevated tanks and lift stations conforming to architectural style of the neighborhood. 6 Loading berths prohibited in the LB district. 7 After a minimum of two thousand (2,000) square feet of retail floor space is constructed, provided the site is two (2) acres or larger. 8 See subsection 13.2 -4 of this code for permitted, conditional, and prohibited uses in the AgP district. 9 Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12 -4 -4. 10 Sec 12 -2 -2 for definitions of "Continuous Operation and Nomcontinuous Operation ". (Amended Ord. 421, 10 -2 -12) 11 From November 15th to January lsl continuous operation will be allowed in the General Business and Industrial Zoning District. (Amended Ord. 424, 11 -7 -12) 12 Scr subsection 12 -9 -2 of this code for permitted home occupations. Permitted Permitted Accessory, Conditional, and Prohibited Uses 103 G 104 School bus terminal X X X X X P 105 Schools exceeding height maximum up to 45 feet in height X C C C C C 106 Secondhand goods dealers as defined in Title 3, Chapter 4 of this code X X X C C C 107 Single-family residential buildings detached X X X X X X 108 Single-family residential buildings attached and townhouses X X X X X X P Stern eb dings feF beets, -- f'1..- ..ehie1,... r1l Subordinate Classroom Structures (when located on a licensed Primary and/or Secondary school o ) X X X X X X Subordinate Classroom Structures (when located on a property where them is a church as the rinci al use) X X X X X X Swimmin is and recreation areas or structures PA PA PA PA PA PA Theaters X X X P P P 135 Therapeutic massage establishment (as a home occupation offering on site massage services) as regulated b chapter 9 of this title and title 3, chapter 6 of this code X X X X X X 116 Toxic waste stooge X X X X X X 11U7 Transportation terminals or motor freight terminals X, X X 118 T -...L ..- EaFba!te enel..... res PA PA �X� P k PA fX, PA PA PA 119 Two -famil home conversions (splits) in compliance with City Code 12.8 -I X X X X X X 120 Uses which may be detrimental to the health, safety, and welfare of persons residing or working in the vicinity X X X X X X 121 Vehicle sales new in Compliance with Citv Code 3 -8 X X X X 1P C1 C 122 Vehicle sales used in Compliance with City Code 3 -8 X X X X C C 123 Veterinary clinics no outside pens or animal storage) X P C C C P P 124 C C P P 125 Vocational trade, business, and technical schools X X X X P X X 126 Warehouses X X X X P P 127 Wholesale businesses X X X X P P 128 Wind Energy Conversion Systems (WECS) -as defined in and in compliance with Title 9, Chapter 13 of this code. WECS are prohibited on WDE site. C C C C C C (Amended Ord. 8,10-21-1970; amd. Ord. 8JJJJJJ, 7 -18 -2002; Ord. 8000000, 8 -5 -2002; Ord.B000QQQ, 10 -1 -2002; Ord. 8RRRRRR, 10 -1 -2002; amd. Ord. 8AAAAAAA, 4-15 -2003; amd. 2003 Code; amd. Ord. 314104- 2005; amd. Ord. 385 7- 21 -09; amd. Ord. 38810- 20 -09; amd. Ord. 390 3- 16-10; amd. Ord. 3918- 17-10; Amd. Ord. 404,1-18-11 I Conditional use permits for uses not listed herein shall not be granted except where the city council determines that said uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by conditional use permit and in accordance with the criteria as stated in subsection 12 -15 -61) of this title. 2 Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private system for each forty thousand (40,000) square feet where large lots are established. This shall not apply to lots of record at the time this title is adopted. On each new plat, The lots are to be developed in accordance with this chapter and sball be so designated. 3 Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal sewer and water is not available. (Amended Ord. 314, 10A -2005) 4 Provided a minimum of twenty five thousand (25,000) square feet of retail Door space is constructed, except as otherwise approved as part of a Planned Unit Development. 5 Including, but not limited to: buildings such as telephone exchange stations, booster or substations, elevated tanks and lift stations conforming to architectural style of the neighborhood. 6 Loading berths prohibited in the LB district. 7 After a minimum of two thousand (2,000) square feet of retail floor space is constructed, provided the site is two (2) acres or larger. 8 See subsection 13.2 -4 of this code for permitted, conditional, and prohibited uses in the AgP district. 9 Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12 -4 -4. 10 Sec 12 -2 -2 for definitions of "Continuous Operation and Nomcontinuous Operation ". (Amended Ord. 421, 10 -2 -12) 11 From November 15th to January lsl continuous operation will be allowed in the General Business and Industrial Zoning District. (Amended Ord. 424, 11 -7 -12) 12 Scr subsection 12 -9 -2 of this code for permitted home occupations.