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HomeMy WebLinkAbout12/11/2012ANLb 6W A 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 December 11, 2012 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — November 13, 2012 3. PUBLIC HEARING: Amend City Code Title 11, Subdivision Regulations to amend the definition for Seasonal High Water Mark and to reduce the minimum requirement for drainage and utility easements along the front and rear lot lines; and Title 12 Zoning Regulations to amend the definition for Farm Animals, to require parking stalls to be marked in white paint, and to require commercial properties parking and drive areas to be maintained. 4. Amend City Code Title 8 Public Ways and Property to prohibit the planting of trees in the city right -of -way unless approved as .part of the platting process. 5. Other Business 6. Adjournment SUBJECT TO CHANGE iYrY'�O• LNDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: David L. Carlberg, Community Development Director SUBJECT: Approval of Minutes — November 13, 2012 DATE: December 11, 2012 REQUEST The Planning and Zoning Commission is requested to approve the minutes from the November 13, 2012 workshop. The Planning and Zoning Commission is requested to approve the minutes from the November 13, 2012 regular meeting. PLANNING AND ZONING COMMISSION WORKSHOP MEETING NOVEMBER 13, 2412 The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on November 13, 2012, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Valerie Holthus, Lynae Gudmundson (arrived at 6:04 p.m.), Kyle Nemeth, and Steve Peterson. Commissioners absent: None. Also present: Community Development Director David Carlberg City Planner Stephanie Hanson Mr. Michael Steel Others OTHER B USINESS. VARIOUS CODE AMENDMENT UPDATES City Planner Hanson stated City staff has been working together on some proposed text amendments to the zoning and subdivision codes. Staff plans to schedule a public hearing on December 11, 2012 for the proposed changes. Title 11 Subdivision Regulations, staff is proposing to remove the wording "the elevation of mottled soil" from the definition for seasonal high water mark. The term mottled soil is not used anywhere within the subdivision code. For Code 11 -3 -4, the current code requires a minimum 10 -foot drainage and utility easement along front and rear lot lines. The Engineering Department has determined that a minimum 5 -foot drainage and utility easement along the front and rear lot lines is adequate. Chair Daninger asked if this would reduce the number of variance requests the City receives. Community Development Director Carlberg stated the 10 -foot easement is not necessary. The City changed the setbacks for accessory structures to 5 -foot and this change would Andover Planning and Zoning Commission Workshop Meeting Minutes — November 13, 2012 Page 2 make the setback requirements consistent throughout the codes. This change would not significantly reduce the number of variance requests the City sees. Commissioner Gudmundson entered at 6:04 p.m. City Planner Hanson stated staff is proposing to change the definition for hogs in the farm animals definition under Title 12 to swine and include Vietnamese pot - bellied pigs. Code 12 -13 -8 currently allows parking stalls to be marked with either white or yellow painted lines. According to the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD), parking space markings are required to be white. The Engineering Department is proposing that parking stalls be marked in white painted lines only to comply with federal and state requirements. Chair Daninger asked if those businesses that had yellow striped parking stalls would be required to change these to white. City Planner Hanson stated businesses would only be required to restripe their parking stalls in white when the current striping is redone. She stated there have been recent issues in which commercial properties parking/drive areas are not being maintained. The City's current Code 12 -13 -8 does not require the on -going maintenance of these areas but because of public safety and aesthetics, staff will propose language that will require the upkeep /maintenance of these areas. Community Development Director Carlberg explained the City Council had taken a bus tour through the City and found the parking lot/drive area behind the Downtown Center area was very difficult to drive through safely. The City would like to introduce language that would require these areas to be properly maintained. Staff will brim this language forward at the Planning and Zoning workshop prior to the December 1 V meeting for review. Mr. Steel asked who would determine when these areas needed to be patched and how they would be repaired. Community Development Director Carlberg stated the City would be responsible and this is why staff is proposing to add language to the code. Commissioner Nemeth suggested adding language that required the same or similar materials that currently exist for the drive area to be used to make repairs. City Planner Hanson stated currently City code 8 -1 -1 allows improvements within the boulevard areas as long as the improvements do not interfere during snowplowing. The Engineering Department is proposing to not allow tree plantings within the boulevard area unless it is approved as part of the platting process, because of the potential damage and interference with utilities and snowplowing. Staff will work on drafting language for Andover Planning and Zoning Commission Workshop Meeting Minutes — November 13, 2012 Page 3 this change for the Planning Commission to review at their workshop prior to the December I Vh meeting. Community Development Director Carlberg stated property owners would still be able to landscape their property but trees would not be allowed in the boulevard area which is typically 13.5 to 15 feet behind the curb. Commissioner Peterson asked if there would be a process for residents to request a variance to this. Community Development Director Carlberg stated the only trees that would be allowed would be those approved as part of the platting process. Having trees in this area is costly to the City because they need to be maintained and they make snow removal difficult. Chair Daninger asked if the median would also be included in this change. Community Development Director Carlberg stated the plantings that are done have been part of the platting and planned unit development process for those areas and the City had a landscape design and plan that they had approved as part of this process. Without an approved landscape plan as part of the platting process trees would not be allowed to be planted in the boulevard area or medians. The City of Andover has been sensitive to the removal of existing trees during the street reconstruction projects. The City worked to preserve as many trees as possible with the South Coon Creek Drive reconstruction project. The proposed change would apply to new subdivisions and projects and this would require approval from the City. Commissioner Cleveland agreed that the City should address the problems trees can create in the boulevard and median areas prior to it becoming a costly problem. There have been examples where cities have had to clear -cut an area to make utility repairs because they have no other access. Community Development Director Carlberg stated that the City encourages tree planting but they would like to see this outside of the right- of- way/boulevard. Chair Daninger clarified the language for the proposed changes would be presented to the Commission at the December workshop, prior to the regular meeting on December 11`h. This would allow the Planning Commission to review the language and make any necessary changes and present a polished product at the meeting. Community Development Director Carlberg stated this was correct. Andover Planning and Zoning Commission Workshop Meeting Minutes — November 13, 2012 Page 4 DISCUSS CITY CODE 12 -12 PERMITTED, CONDITIONAL AND PROHIBITED USES City Planner Hanson stated the Planning Commission had left off their last discussions on the land use table on line item 30. At this time staff is not proposing any changes to these uses. It was the consensus of the Planning Commission to make no changes to the land uses for line item 30. City Planner Hanson stated staff is recommending removal of line item 31. This had been listed as a conditional use in the R -4 District to accommodate the Round Barn. This has since been rezoned M -2 which does allow this use. It was the consensus of the Planning Commission to remove line item 31. City Planner Hanson stated staff is not recommending any use changes for line item 32. Community Development Director Carlberg explained crematoriums are a conditional use in the General Business and Industrial Districts. There are also covenants in that further regulate these activities in several of these areas. City Planner Hanson stated staff is recommending removal of line item 33. Dance halls are out of date term and is not defined in the City code. She clarified these would be different than dance schools. Community Development Director Carlberg clarified establishments that had dancing would be included in line item 34 and changing the language to restaurants or other establishment with live entertainment and setting this as a conditional use in the Shopping Center and General Business Districts. It was the consensus of the Planning Commission to delete line item 33. Community Development Director Carlberg suggested the Planning Commission look at how the language change for line item 34 would affect current uses in these districts. Commissioner Holthus asked if event centers would be covered in this category. Community Development Director Carlberg stated "other establishments" would cover this. He suggested the Planning Commission consider defining restaurant so that the dancing is less of a focus than the restaurant. It was the consensus of the Planning Commission to change the language of line item 34 to "restaurant or other establishment with live entertainment" and to discuss defining this more clearly at a future meeting. Andover Planning and Zoning Commission Workshop Meeting Minutes — November 13, 2012 Page 5 City Planner Hanson stated staff is not recommending any changes to line item 35 for commercial daycare centers but it is recommending changing drop -in daycare centers as a permitted accessory use in the Limited Business, Neighborhood Business, Shopping Center, General Business, and Industrial Districts. Commissioner Nemeth asked what the difference is between commercial daycare centers and drop -in daycare centers. Community Development Director Carlberg stated a commercial daycare center is considered a center that's primary focus is watching children for extended hours versus a drop -in center that is located within another type of business and operates as a benefit for people to accomplish other tasks such as the daycare at the YMCA. He asked if the Planning Commission agreed with making drop -in daycare centers a permitted accessory use in the LB, NB, SC, GB, and I Districts. Commissioner Peterson recommended the Planning Commission better define commercial daycare centers and drop -in daycare centers. It was the consensus of the Planning Commission to define commercial daycare centers and drop -in daycare centers for line items 35 and 36. Chair Daninger asked if there was a timeline when the table needed to be finished by. Community Development Director Carlberg stated the City Council would like an update of the progress made but there is no specific deadline when this needs to be completed. The Planning Commission has identified a few items that will require additional discussion once the table has been reviewed. Chair Daninger stated there were no changes to line items 37, 38 and 39. Staff is recommending adding dry cleaning processing as a conditional use in the NB and SC Districts. Commissioner Nemeth clarified line item 40 referenced storefront dry cleaners and there is no actual dry cleaning processing at these locations. Community Development Director Carlberg stated this was correct. Staff is only recommending expanding the locations of use to the NB and SC Districts. Commissioner Nemeth suggested the City define processing for line item 40. It was the consensus of the Planning Commission to look at defining dry cleaning processing for line item 40. Andover Planning and Zoning Commission Workshop Meeting Minutes —November 13, 2012 Page 6 Commissioner Peterson provided the Planning Commission with an article regarding electrical vehicle charging systems. He suggested the Planning Commission consider what districts these should be allowed in or where a CUP would be needed. It was the consensus of the Planning Commission to look at potentially adding electric vehicle charging stations to the use table. City Planner Hanson stated the next line item staff is recommending changes to would be line item 43. Mr. Steel suggested adding middle school to line item 41. Community Development Director Carlberg suggested also including intermediate to line item 41. It was the consensus of the Planning Commission to add middle schools and intermediate schools to line item 41. Chair Daninger asked what was considered an essential service structure for line item 42. Community Development Director Carlberg stated these include things like electrical substations, public utilities, and telephone exchanges. City Planner Hanson stated staff is recommending changing the designation for line item 43 from conditional use to interim use for all districts. This change would be in compliance with the City Attorney's recommendation that conditional use permits should not contain sunset clauses. It was the consensus of the Planning Commission to change the use from conditional to interim for all districts in line item 43. City Planner Hanson asked if there were any changes the Planning Commission would suggest for line items 44, 45, 46, and 47. She stated for line item 48 staff is recommending removal of the word "garages" to make this more consistent with the City's other codes. Staff is also recommending adding the words "and driving ranges" to line item 49 and combining this with line item 50. Putting courses are covered with commercial recreation. It was the consensus of the Planning Commission to leave line items 44, 45, 46 and 47 and to delete the word "garages" from line item 48. Chair Daninger suggested adding golf courses and driving ranges as a conditional use in the LB, NB, SC, GB and I Districts as well. Andover Planning and Zoning Commission Workshop Meeting Minutes — November 13, 2012 Page 7 Commissioner Nemeth agreed that golf courses and driving ranges should be conditional use in all districts. It was the consensus of the Planning Commission to combine line item 49 and 50 and designate this as a conditional use in all the districts. City Planner Hanson stated staff would suggest changing the use from conditional to interim for line item 51 in the R -1, R -2, R -3, R -4, R -5, M -1 and M -2 Districts. This will allow the City to set expiration dates on uses. It was the consensus of the Planning Commission to change the use for line item 51 from a conditional use to an interim use in the R -1, R -2, R -3, R -4, R -5, M -1, and M -2 Districts and adding it as an interim use to the GR, LB, NB, SC, GB, and I Districts. City Planner Hanson stated staff is recommending adding the words "within principal structure" to line item 42 and "in accessory structure" to line item 53. This will make it more consistent with the City's codes. Community Development Director Carlberg stated the difference between these two line items would be the location of the home occupation. Commissioner Peterson clarified the minimum parcel size for a home occupation to be located in an accessory structure would be 3 -acres or larger. Community Development Director Carlberg stated this was correct. It was the consensus of the Planning Commission to add the words "within principal structure" to line item 52 and "in accessory structure" to line item 53. City Planner Hanson stated the new definitions for hours of operation would impact hotels and motels as a permitted use in line item 54. Community Development Director Carlberg stated the Planning Commission had recommended continuous operation of a business in the General Business District and this would have made hotels and motels a permitted use in the General Business District. The City Council did approve an addition of a footnote to the use table that allows for continuous operation in the General Business and Industrial Districts from November 15 to January 1. With these definitions a hotel or motel could only operate 24 -hour in the NB and SC Districts. He stated the Council had left the SC and NB Districts as 24 -hour continuous and this would not impact Anytime Fitness. The Planning Commission had followed the right process and looked at how the change would impact all of the City's Districts and businesses. He suggested the Planning Commission continue with line item 54 at the next Planning Commission workshop scheduled for December 11. Andover Planning and Zoning Commission Workshop Meeting Minutes —November 13, 2012 Page 8 ADJOURNMENT. Commissioner Cleveland moved, Seconded by Commissioner Holthus to adjourn the Planning Commission Workshop at 6:53 p.m. The motion carried unanimously. Respectfully Submitted, Tina Borg, Recording Secretary Timesaver Off Site Secretarial, Inc. PLANNING AND ZONING COMMISSION MEETING —NOVEMBER 13, 2012 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on November 13, 2012, 7:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Valerie Holthus, Kyle Nemeth, Lynae Gudmundson, Michael Steel and Steve Peterson. Commissioners absent: None Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Others Chair Daninger swore in new Planning and Zoning Commission member Michael Steel. Mr. Michael Steel took the oath of office for the Planning and Zoning Commission. APPROVAL OFMINUTES October 23, 2012 Planning and Zoning Meeting Commissioner Cleveland stated on page 3, the third paragraph, change the word "address" to "addresses ". Commissioner Nemeth stated on page 5, the seventh paragraph, the word "bent" should be changed to "bend ". Commissioner Cleveland stated he had intended to use the word "bent" and would not accept this change. Motion by Commissioner Cleveland, seconded by Commissioner Holthus, to approve the October 23, 2012 Regular Planning Commission Meeting as amended. Motion carried on a 7 -ayes, 0 -nays vote. Regular Andover Planning and Zoning Commission Meeting Minutes — November 13, 2012 Page 2 PUBLIC HEARING — REVISED PLANNED UNIT DEVELOPMENT REVIEW — PARKSIDEATANDOPER STATION— TO ALLOW TWO -STORY SINGLE FAMILY HOMES AS A BUILDING PLAN OPTION Community Development Director Carlberg stated the Planning and Zoning Commission is requested to review the revised Planned Unit Development (PUD) of Parkside at Andover Station as requested by the Andover Economic Development Authority. The City approved a revised preliminary plat and PUD on September 18, 2012. The revision allowed the construction of single - family homes on 60 -foot wide lots. The style of home approved was a split entry look out with a number of elevation options. The builder is now proposing to offer the option of two -story single - family units in addition to the split entry style. The PUD will not be affected as far as lot width, depth, setbacks, etc. The proposed change is only related to the type /style of home to be built. Staff recommends approval of the proposed amended PUD project subject to the two (2) conditions listed in the resolution. Residents in this area are in support of this change and the higher value of homes that would be constructed. Chair Daninger clarified the amendment was only to allow for the two -story home options to be available. Motion by Commissioner Holthus, Seconded by Commissioner Cleveland to open the Public Hearing at 7:07 p.m. Motion carried on a 7 -ayes, 0 -nays vote. Commissioner Holthus asked if there would be designated lots for the two -story homes to be available on. Mr. Ben Minks, Capstone Homes, 14015 Sunfish Lake Boulevard NW, Ramsey, stated the request is being driven by the input from prospective clients during the Parade of Homes. The sewer depth has been evaluated and it would accommodate the two -story type of home on most of the lots. The row of lots along the north will not allow for two - story homes. Community Development Director Carlberg clarified that Mr. Minks is only the builder in this situation and the Andover EDA is the applicant. Mr. Minks can only address the style of homes being requested. Commissioner Gudmundson asked what the height difference would be between a two - story home and a split entry style of home. She expressed concerns that a two -story home would stand out significantly among split entry homes. Mr. Minks stated that a split entry home was considered a story and a half and the height difference between the two styles would be less than 10 feet. Regular Andover Planning and Zoning Commission Meeting Minutes —November 13, 2012 Page 3 Community Development Director Carlberg stated there are no restrictions on the height of the homes that can be built in the PUD that had been approved. The builder does need to be sure they are complying with height standards in the City's codes. Commissioner Peterson asked what the price difference would be between the two styles of homes. Mr. Minks stated the split entry homes were valued between $189,000 and $225,000 and the two -story homes were valued between $240,000 and $280,000, depending on the options included with the home. Motion by Commissioner Cleveland, Seconded by Commissioner Holthus, to close the public hearing at 7:11 p.m. The motion carried on a 7 -ayes, 0 -nays vote. Commissioner Gudmundson expressed concerns with the aesthetics of having two -story homes mixed with split entry style homes. Mr. Minks stated the height difference was not significant and several neighborhoods in Andover have a mixture of two - story, split entry and modified two -story homes. These homes would conform to the City's standards. Community Development Director Carlberg pointed out that the existing homes to the west as well as the eight - plexes to the east are similar in height. Chair Daninger clarified the language in the proposed resolution was specific in allowing only the change in the style of homes being built to include two -story homes where feasible. Community Development Director Carlberg stated the first condition of the proposed resolution references the original PUD and approved conditions and the second condition relates to the allowed building elevations. Motion by Commissioner Cleveland, Seconded by Commissioner Holthus to approve a Resolution Amending Resolution R052 -05 to modify the Planned Unit Development Standards of "Parkside at Andover Station" located in Section 34, Township 32, Range 24, Anoka County, Minnesota. Motion carried on a 7 -ayes, 0 -nays vote. Chair Daninger stated this recommendation would be presented to the City Council at their November 20, 2012 meeting. OTHER BUSINESS. Community Development Director Carlberg reported that the City Council had denied the Planning Commission's recommendation to permit continuous operation of a business Regular Andover Planning and Zoning Commission Meeting Minutes — November 13, 2012 Page 4 in the Shopping Center, General Business and Industrial Districts and as a conditional use in the Neighborhood Business and Limited Business Districts. The Planning Commission will also hold a public hearing on December I Ph for a number of proposed code amendments. Chair Daninger asked if the City had started advertising for the open positions on the City's Commissions. Community Development Director Carlberg stated these openings would be advertised in the Anoka Union and interviews will be conducted in January. ADJOURNMENT. Motion by Commissioner Cleveland, seconded by Commissioner Gudmundson, to adjourn the meeting at 7:18 p.m. Motion carried on a 7 -ayes, 0 -nays vote. Respectfully Submitted, Tina Borg, Recording Secretary Timesaver Off Site Secretarial, Inc. 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: Amendment to the City Code Title 11, Subdivision Regulations to amend the definition for Seasonal High Water Mark and to reduce the minimum requirement for drainage and utility easements along the front and rear lot lines; and Title 12 Zoning Regulations to amend the definition for Farm Animals, to require parking stalls to be marked in white paint, and to require parking and accessways to be maintained in a neat and adequate manner. DATE: December 11, 2012 REQUEST The Planning and Zoning Commission is requested to review and consider amendments to the City Code Title 11, Subdivision Regulations to amend the definition for Seasonal High Water Mark and to reduce the minimum requirement for drainage and utility easements along the front and rear lot lines; and Title 12 Zoning Regulations to amend the definition for Farm Animals, to require parking stalls to be marked in white paint, and to require parking and accessways to be maintained in a neat and adequate manner. BACKGROUND City staff has been working together on minor text amendments to the subdivision and zoning codes. The changes are not substantial, however, staff concurs that the proposed amendments are needed to efficiently enforce the codes. The changes to City Code Title 11: Subdivision Regulations and Title 12: Zoning Regulations are as follows: CITY CODE TITLE 11: SUBDIVISION REGULATIONS CHAPTER 1: GENERAL SUBDIVISION PROVISIONS SECTION: 11 -1 -4: DEFINITIONS: For the purpose of this title, certain words and terms are hereby defined as follows: SEASONAL HIGH WATER MARK: The elevation of mottled soils of t The highest anticipated ground water table, or elevation shown by a geotechnical study accepted by City Staff. (Amended 9/18/07, Ord. 355) 11 -1 -5: EASEMENTS TO BE DEDICATED: A. Dedication Of Easements: Final plats shall identify and dedicate all easements for utilities, drainage, street rights -of -way, surface water ponding and such other public uses as shall be found necessary, convenient or desirable by the City to ensure the timely extension of utilities to adjacent properties. Lots served by municipal services shall have a minimum 5 -foot drainage and utility easements along the side, front, and rear lot lines. a 10 feet drainage a tility easements along the fre::t and rear- ?°*,:°es: Lots without municipal services shall have 10 -foot drainage and utility easements along all property lines. Easements for trails and vehicle maintenance access will be dedicated on a separate document. (Amended 9/18/07, Ord. 355) CHAPTER 3: DESIGN STANDARDS SECTION: ifQcX��. _1 YU _& I [& V A. Utility Easements: Easements at least ten Vert} -feet (24) 10' wide or as determined by the City Engineer, centered on rear and side lot lines, shall be provided for utilities where required by the platting authority. Utility easements shall have continuity of alignment from block to block and lot to lot. Lots served by municipal services shall have a minimum 5 -foot drainage and utility easements along the side, front, and rear lot lines. lot lines and a minimam 10 feet dfainage and Utility easements alefig the f+O-Bt and -ear le* '"'°°. Lots without municipal services shall have a minimum 10 -foot drainage and utility easements along all property lines. (Amended 9/18/07, Ord. 355) Staff proposes to delete the wording for mottled soil because there is no other place in the code where mottled soil is used. The Engineering Department has determined that a minimum 5 -foot drainage and utility easement along the front and rear lot lines is adequate. CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINITIONS SECTION: 12 -2 -2: DEFINITIONS: The following words and terms, whenever they occur in this title, are defined as follows: ANIMALS, FARM: Animals commonly kept for productive purposes on a farm, such as cattle, Begs swine (including pot - bellied pigs), sheep, goats, and other similar animals, excluding poultry. (Amd. 4/18/06, Ord. 325A) CHAPTER 13: PERFORMANCE STANDARDS SECTION: 12 -13 -8: OFF STREET PARKING REQUIREMENTS: E. Design Standards: 6. Surfacing: a. Specifications: All driveways, off street driving, loading, parking and storage areas shall be surfaced in accordance with the standard specifications as adopted by the city and on file with the office of the City Engineer. b. Maintenance of Parking_ Facilities: It shall be the responsibility of the owner of the principle use or building to maintain in a neat and adequate manner, the parking space and accessways with materials in accordance with the standard specifications as adopted by the city and on file with the office of the City Engineer. c b. Exemptions: (1) Farm dwellings and farm operations are exempt from this paving requirement. (2) City parks shall be exempt from the paving requirement if approved by the City Council. (3) Storage areas for heavy construction equipment that would damage the pavement may be exempt from the paving and surfacing requirement, with an acceptable surface approved by the City Engineer. d s: Plans: Plans for surfacing and drainage of driveways for nonresidential uses shall be submitted to the City Engineer for review, and the final plan shall be subject to written approval. 7. Striping: Except for single - family, two - family, townhouse and quadraminium dwellings, all parking stalls shall be marked with white or- ye11ow painted lines not less than four inches (4 ") wide. (Amended Ord. 8, 10 -21 -1970) There have been recent issues in which parking facilities are not being maintained (potholes and gravel patches riddle the parking and drive areas). Current code does not require on -going maintenance of these areas. Because of the public safety and aesthetic reasoning's, staff is proposing language that will require the upkeep /maintenance of these areas. The Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) is a federal and state approved manual for signs and pavement markings. The manual requires the striping for parking spaces to be marked in white; therefore, staff is proposing this change to be in compliance with the MMUTCD. ACTION Upon holding a public hearing and taking public testimony, staff requests the Planning and Zoning Commission recommend to the City Council the approval of the attached ordinance amendments to City Code Title 11: Subdivision Regulations and Title 12: Zoning Regulations as may be modified by the Commission at the meeting. Respectful ub tt , Stephan e L. Hanson Attachment: Ordinance XX, Amending City Code Title 11: Subdivision Regulations and Amending City Code Title 12: Zoning Regulations CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XXX THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 11: SUBDIVISION REGULATIONS CHAPTER 1: GENERAL SUBDIVISION PROVISIONS SECTION: 11 -1-4: DEFINITIONS: For the purpose of this title, certain words and terms are hereby defined as follows: SEASONAL HIGH WATER MARK: The elevation of me4led soils ^ ~' The highest anticipated ground water table, or elevation shown by a geotechnical study accepted by City Staff. (Amended 9/18/07, Ord. 355) 11 -1 -5: EASEMENTS TO BE DEDICATED: A. Dedication Of Easements: Final plats shall identify and dedicate all easements for utilities, drainage, street rights -of -way, surface water ponding and such other public uses as shall be found necessary, convenient or desirable by the City to ensure the timely extension of utilities to adjacent properties. Lots served by municipal services shall have a minimum 5 -foot drainage and utility easements along the side, front, and rear lot lines. and T_^ foot drainage and utility °M emeffts; °leiig the ft^v` and ~ °I~'^t iines. Lots without municipal services shall have 10- foot drainage and utility easements along all property lines. Easements for trails and vehicle maintenance access will be dedicated on a separate document. (Amended 9/18/07, Ord. 355) CHAPTER 3: DESIGN STANDARDS SECTION: 11 -3 -4: EASEMENTS: A. Utility Easements: Easements at least ten twenty-feet (2-0 10' wide or as determined by the City Engineer, centered on rear and side lot lines, shall be provided for utilities where required by the platting authority. Utility easements shall have continuity of alignment from block to block and lot to lot. Lots served by municipal services shall have a minimum 5 -foot drainage and utility easements along the side, front, and ` lot lines. lot lines and a minimum ' n foot dr-ai age and utility ets Wang the f.,,.,. an iot li "es. Lots r-eaf without municipal services shall have a minimum I0 -foot drainage and utility easements along all property lines. (Amended 9/18/07, Ord. 355) CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINITIONS SECTION: 12 -2 -2: DEFINITIONS: The following words and terms, whenever they occur in this title, are defined as follows: ANIMALS, FARM: Animals commonly kept for productive purposes on a farm, such as cattle, begs swine (includingpot- bellied pi gs), sheep, goats, and other similar animals, excluding poultry. (Amd. 4/18/06, Ord. 325A) CHAPTER 13: PERFORMANCE STANDARDS SECTION: 12 -13 -8: OFF STREET PARKING REQUIREMENTS: E. Design Standards: 6. Surfacing: a. Specifications: All driveways, off street driving, loading, parking and storage areas shall be surfaced in accordance with the standard specifications as adopted by the city and on file with the office of the City Engineer. b. Maintenance of Parking Facilities: It shall be the responsibility of the owner of the principle use or building to maintain, in a neat and adequate manner, the parking space and accessways with materials in accordance with the standard specifications as adopted by the city an on file with the office of the City Engineer. c b. Exemptions: (1) Farm dwellings and farm operations are exempt from this paving requirement. (2) City parks shall be exempt from the paving requirement if approved by the City Council. (3) Storage areas for heavy construction equipment that would damage the pavement may be exempt from the paving and surfacing requirement, with an acceptable surface approved by the City Engineer. d e: Plans: Plans for surfacing and drainage of driveways for nonresidential uses shall be submitted to the City Engineer for review, and the final plan shall be subject to written approval. 7. Striping: Except for single - family, two - family, townhouse and quadraminium dwellings, all parking stalls shall be marked with white or— yellow painted lines not less than four inches (4 ") wide. (Amended Ord. 8, 10 -21 -1970) All other Titles, Sections and Chapters of the City Code shall be as written and adopted by the City Council. Adopted by the City Council of the City of Andover on this , day of January 2013. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Andrew Liska, Associate Planner A01-1 SUBJECT: Amend City Code 8 -1 -2 —BOULEVARD USE— Amendment would prohibit the planting of trees in the right -of -way unless approved in the platting process DATE: December 11, 2012 INTRODUCTION The Planning and Zoning Commission is requested to review and consider an amendment to City Code 8 -1 -2 to prohibit the planting of trees in the city right -of -way unless approved as a part of the platting process. DISCUSSION Currently, City Code allows for trees to be planted in the right -of -way if they are a minimum of eight (8) feet from the curb. This close proximity to the street is problematic and prohibiting the planting of trees in the right -of -way would eliminate many issues. As trees grow in the right -of -way, visibility lessens and the expanding canopy results in problems with utilities and overall safety. The City responds accordingly through general maintenance including the trimming and /or removal of trees and is burdened with the cost in doing so. By prohibiting the planting of trees in the right -of -way, visibility would not be compromised and the City would reduce maintenance costs. This would also allow the trees to grow and reduce the chances of maintenance /removal thus increasing the stock of mature trees in the city. Platting process approval of planting trees in the right -of -way, allows staff to determine if trees would be detrimental or if they could be beneficial on a case -by -case basis. ACTION REQUESTED The Planning and Zoning Commission is asked to recommend to City Council the amendment prohibiting the planting of trees in the right -of -way unless approved in the platting process. Attachment Ordinance Amendment City Code 8 -1 -4 PROHIBITED ENCROACHMENTS; EXCEPTIONS (referenced in 8- 1-2) Respectfully submitted, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING THE CITY CODE TO PROHIBIT THE PLANTING OF TREES IN THE CITY RIGHT -OF -WAY UNLESS APPROVED AS A PART OF THE PLATTING PROCESS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 8: PUBLIC WAYS AND PROPERTY CHAPTER 1: BOULEVARD USE SECTION 8 -1 -2: IMPROVEMENTS TO BOULEVARD AREAS 8 -1 -2: IMPROVEMENTS TO BOULEVARD AREAS: The planting of trees is prohibited in the city right -of -way unless approved as a part of the platting process, however improvements to boulevard areas, except as noted in Section 8 -1 -4 of this chapter, may be allowed as long as such improvement does not impair, interfere with, or offer a potential threat of damage to city vehicles when snowplowing. The city shall not be responsible or liable for injury to or from such improvements, and the owner or occupant, by placing or using boulevard areas for improvements, agrees in doing so to hold the city harmless for any and all claims of any injury or damage to or from such improvements. Any city owned equipment, such as sewer and water lines, damaged or impaired by such boulevard improvement, shall be remedied at the homeowner's or occupant's cost. (Ord. 106, 9 -6 -1994) 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 2nd day of January, 2013. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk 8 -1 -4: PROHIBITED ENCROACHMENTS; EXCEPTIONS: A. No encroachment of any kind shall be permitted within a sight triangle as defined in Subsection 12 -2 -2 of this code. B. No encroachment shall be permitted without City Council approval within eight feet (8') of the curb in urban areas and to the rear of the ditch in rural areas. In cases where there is no ditch, the distance shall be eight feet (8'). The City Council may determine that certain temporary encroachments may be allowed for health, safety and general welfare reasons and will be handled on an as needed /request basis. (Ord. 106A, 7 -15 -2003)