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HomeMy WebLinkAbout04/08/2014ANLb 6 q jO 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 April 8, 2014 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes — March 11, 2014 Regular Meeting March 11, 2014 Work Shop Minutes 3, Public Hearina: Conditional Use Permit — Mining — Mark Smith — Butternut Street NW and Andover Blvd. NW. 4. Public Hearinji: Consider Amendments to the City Code 12 -2 -2, Definitions; 12- 12, Permitted, Conditional and Prohibited Uses and 12 -14, Administration and Enforcement. 5, Other Business 6. Adjournment NDOVE �4\ C I T Y 0 F 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763)755 -8923 a WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: Approval of Minutes — March 11, 2014 DATE: April 8, 2014 REQUEST The Planning and Zoning Commission is requested to approve the minutes from the March 11, 2014 Work Session and March 11, 2014 regularly scheduled meeting. PLANNING AND ZONING COMMISSION WORKSHOP MEETING MARCH 11, 2014 The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on March 11, 2014, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Timothy Cleven, Valerie Holthus, Bert Koehler 1V, and Kyle Nemeth Commissioners absent: Lynae Gudmundson and Steve Peterson. Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Others SWEARING IN OF COMMISSIONERS Community Development Director Carlberg administered the Oath of Office for Commissioners Daninger, Holthus, and Cleven who had been reappointed to three -year terms on the Commission. NOMINATE AND APPOINT CHAIR AND VICE CHAIR Chairperson Daninger called for nominations for the appointment of Chairperson. Commissioner Cleven clarified both positions were for two years and they were voted on in the same year. Community Development Director Carlberg stated this was correct and typically cities will vote the Vice -Chair into the Chair position after the Vice -Chair has gained some experience. Commissioner Koehler nominated Commissioner Holthus to serve as Planning & Zoning Commission Chairperson for a two year term. Andover Planning and Zoning Commission Workshop Meeting Minutes —March 11, 2014 Page 2 Commissioner Koehler pointed out Commissioner Daninger would still be on the Planning Commission to assist in working with Commissioner Holthus if there were any questions. Chairperson Daninger called again for nominations for the appointment of Chairperson. Hearing none, he closed nominations and called for a motion. Motion by Commissioner Koehler, seconded by Commissioner Cleven, to appoint Commissioner Holthus as Planning & Zoning Commission Chair for a two year term (2015). Motion carried on a 4 -ayes, 0 -nays, 2- absent (Gudmundson, Peterson), 1- abstain (Holthus) vote. Chairperson Holthus then called for nominations for the appointment of Vice Chairperson. Commissioner Koehler nominated Commissioner Daninger to serve as Planning & Zoning Commission Vice Chairperson for a two year term (2015). Chairperson Holthus called again for nominations for the appointment of Vice Chairperson. Hearing none, she closed nominations and called for a motion. Motion by Commissioner Koehler, seconded by Commissioner Nemeth, to appoint Commissioner Daninger as Planning & Zoning Commission Vice Chairperson for a two year term (2015). Motion carried on a 4 -ayes, 0 -nays, 2- absent (Gudmundson, Peterson), 1- abstain ( Daninger) vote. DISCUSS CITY CODE 12 -12 PERMITTED, CONDITIONAL INTERIMAND PROHIBITED USES Community Development Director Carlberg noted the Planning & Zoning Commission had held a public hearing on the land use table on November 12, 2013 and recommended the City Council adopt the amendment. He reported that at its December 3, 2013, meeting, the City Council directed staff to bring the table to a Council Work Session to further discuss the segregating of the table into a table of residential uses and a table of commercial /industrial uses. The Council also wanted the uses on the tables to be categorized to make both more user friendly. Community Development Director Carlberg presented the ordinance amendment that reflected all of the changes by the City Council. He recommended the Planning Commission repeal the recommendation for approval of City Code 12 -12 in its entirety and then recommend approval of the proposed City Code 12 -12 as presented at this time. Commissioner Koehler asked if this City Code would be available online. Andover Planning and Zoning Commission Workshop Meeting Minutes —March 11, 2014 Page 3 Community Development Director Carlberg stated the document would be available online but it was not a searchable document at this time and it did not contain links to the corresponding City Ordinances. Commissioner Cleven suggested the last sentence in the definition for Resort be changed to read "A place that is a destination for vacation or recreation, or rest; frequented for a particular purpose, often with food and/or entertainment. Commissioner Koehler suggested removing the word "or" in front of "rest ", remove the semicolon, and insert the word "or" after the word "rest." It was the consensus of the Planning Commission to change the last sentence in the definition of Resort to read "A place that is a destination for vacation or recreation, rest, or frequented for a particular purpose, often with food and/or entertainment. Commissioner Cleven asked if the word "or" was needed after each bulleted point in Section 12.14.12.e. Commissioner Koehler stated the word "or" clarifies that any one of the conditions will result in termination of the permit. Chairperson Holthus pointed out there was value in redundancy. It was the consensus of the Planning Commission to change the semicolon after the word "events" to a comma and leave the wording as printed in Section 12.14.12.e. Commissioner Daninger asked if the items that were stricken previously were the changed and if the items that could be in both residential and commercial zones were included in both lists. Community Development Director Carlberg explained the only changes were in the definitions of schools and utilities and all items that could be in both residential and commercial zones were included in both lists. Commissioner Daninger asked how often residents would use this particular table. Community Development Director Carlberg stated Staff receives calls everyday pertaining to the information contained in the tables and they usually assist residents through reviewing the document. The biggest complaints they have received were the document is not searchable and the ordinances are not linked to the document. The costs involved in making these changes will be reviewed and discussed by the City Council. Commissioner Kohler stated that if the document was added to the website correctly there would be minimal maintenance to it and changes could be made easily. Andover Planning and Zoning Commission Workshop Meeting Minutes — March 11, 2014 Page 4 Community Development Director Carlberg stated there was no action required by the Planning Commission at this time and there would be a public hearing in April. OTHER BUSINESS. City Planner Hanson updated the Planning Commission on related items. Community Development Director Carlberg there would be public testimony at the regular meeting tonight regarding the park in the Sophie's South Development. The Parks and Recreation Commission do not hold public hearings so the public has not had a chance to be heard regarding the park. He suggested Chair Holthus let the public know that the Planning Commission would take their comments and forward them to the City Council for consideration. ADJOURNMENT. Motion by Commissioner Daninger, seconded by Commissioner Koehler, to adjourn the meeting at 6:50 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Peterson) vote. Respectfully Submitted, Tina Borg, Recording Secretary TimeSaver Off Site Secretarial, Inc. . PLANNING AND ZONING COMMISSION MEETING — MARCH 11, 2014 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Holthus on March 11, 2014, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Holthus, Commissioners Timothy Cleven, Dean Daninger, Lynae Gudmundson, Bert Koehler IV, and Kyle Nemeth. Commissioners absent: Steve Peterson Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Assistant Public Works Director Todd Haas Others APPROVAL OF MINUTES. December 10, 2013 There were no changes. Motion by Gudmundson, seconded by Koehler, to approve the minutes as presented. Motion carried on a 5 -ayes, 0 -nays, 1- present ( Daninger), 1- absent (Peterson) vote. PUBLIC HEARING: Consider a Sketch Plan known as Winslow Woods —102 lot Single Family Urban Residential Development — Generally located south of Sophie's South Residential Development and East of Winslow Hills Residential Development as requested by Paul Emmerich Construction. City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on the Sketch Plan for Winslow Woods. City Planner Hanson reviewed the proposed sketch plan with the Commission. A . Regular Andover Planning and Zoning Commission Meeting Minutes — March 11, 2014 Page 2 Commissioner Gudmundson asked if Wintergreen Street was going to connect on the north end. Ms. Hanson stated the City Council indicated it should be stubbed as a cul -de- sac so in the future it could be connected when development does occur if the Council deemed it necessary. Commissioner Cleven asked if the trail could be put over the railroad tracks rather than under the tracks. Mr. Carlberg thought the preference from a cost standpoint would be to go under the tracks. There needs to be more discussion on this issue and will need to look at this further along with the costs. Commissioner Koehler asked if there was any timeframe to connect Xeon Street to the south. Ms. Hanson stated this will occur with development. Motion by Koehler, seconded by Daninger, to open the public hearing at 7:13 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Ms. Carol Schmeickel, 1146152 "d Lane NW, stated she looked at the sketch plan and there are a lot of positive things about it. She wondered if the Yellow Pine development would be able to access the park using a path. She noted a few of the residents wrote a letter to the City with their thoughts on what could be done in the development to provide open area for the children because there would not be a park constructed. She stated Lot 59, which a large part is wetland, may be an ideal area to leave open as green space in lieu of park land. She thought this looked like a good development. Commissioner Koehler asked if Ms. Schmeickel would be opposed to finding other park space besides Lot 59. Ms. Schmeickel indicated she would not be opposed and thought it was important to provide an area for children. She noted the residents were also not opposed to allowing this development access to Sophie's Park in their development. Mr. Tony Salzer, 1080 152 n Lane NW, stated he wanted to comment on the park and people coming over to the development to use the park. He thought it would be beneficial to increase the size of the park to accommodate more people and more use. He also stated another issue is with the stop signs on 152 "d Lane NW and Xeon Street, as there is only stop sign facing the cul -de -sac to the east and west on 152"dLane. He thought that making this a four -way stop rather a two -way stop would be beneficial. Ms. Christie Miles, 15165 Yellow Pine Street NW, stated they just purchased the house a year ago and one of the appealing things about the house was the wooded area and privacy in the back. She stated they have a pool in the backyard that is close to where the new development will be going in so they have privacy and noise concerns along with debris and dust, as well as concerns with traffic on Crosstown Blvd. NW. Ms. Sarah Nienow, 1122 152 "d Lane NW, stated her lot backs up to Lot 59 and agreed that it would be ideal for an open area. She also wanted to express that all the people in the new development are welcome into Sophie's Park but there is a concern of so many . Regular Andover Planning and Zoning Commission Meeting Minutes — March 11, 2014 Page 3 children in the community, giving them more space to roam and have freedom is very important and something they value. She also wanted to comment on the four -way stop signs at Xeon and 152 "d Lane NW. She stated that even though the road ends there, people do not pay attention and that needs to be addressed with all the children in the area. Mr. Jim Traver, 1134 152nd Lane NW asked at what point will they know what kind of lots will be in the development. He thought they all would like to see as many trees remain as possible. Mr. Larry Olson, applicant, stated he was at the meeting to answer questions and listen to the public. Chairperson Holthus wondered what types of homes will be on the lots. Mr. Olson stated that information will come with the next step of the approval process. They will have a typical type of homes in the style that is already there. Chairperson Holthus wondered what the price point range would be. Mr. Olson stated they would be $300,000 to $350,000. Commissioner Koehler asked how long the next stage takes. Mr. Olson stated as soon as the sketch plan is reviewed, they will start preparing the plans. It might take a month to prepare and then the process starts over again with the City. Commissioner Cleven stated that besides the City meetings, there are other meetings with different organizations and all terms have to be met. Commissioner Daninger asked if there were any other sketch plans with the roads discussed with staff. Mr. Olson stated this is actually the third plan. It started out with more cul -de -sacs. Commissioner Cleven asked on Wintergreen Street, is there any possibility that this could go into Street A, which would possibly eliminate one lot. Mr. Olson stated they did look at it but their preliminary feelings were they should not come in with an offset intersection that invites residents from Sophie's South to come down Yellow Pine to exit rather than Xeon, which was designated as a collector. Chairperson Holthus asked if Wintergreen Street is a wider street. Mr. Haas stated that it is a standard street and that the Council left that open as an option, they did not want to make a commitment either way. He believed that was a temporary cul -de -sac and ultimately the Council will need to make the determination if the street will go through or if the cul -de -sac will stay. The Commission discussed with staff different street configurations within the development. Regular Andover Planning and Zoning Commission Meeting Minutes — March 11, 2014 Page 4 Chairperson Holthus asked if they looked at moving the Street A cul -de -sac up with a street going straight east ending in a dumbbell cul -de -sac. Mr. Haas stated the drawing does not show wetlands but this is the best sketch plan that they can get out of the development. Commissioner Nemeth asked if staff was trying to limit access onto Xeon. Mr. Haas stated that was correct. Motion by Nemeth, seconded by Gudmundson, to close the public hearing at 7:42 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Commissioner Daninger wanted to confirm if there were signs on Wintergreen Street indicating the cul -de -sac was temporary. Staff indicated there was. Chairperson Holthus stated she read in the Park Commission minutes that they were considering a trail under the railroad tracks and over to Prairie Knoll Park and wondered how they were planning on doing this. Mr. Haas stated studies still need to be made if the City Council approves of this, He reviewed the possible trail plans with the Commission. Chairperson Holthus asked what the park fee was per lot. Mr. Haas stated it is $2,810, and the trail fee is $746. Commissioner Daninger stated Wintergreen Street should be re- evaluated. With Lot 98/99, he does not like long cul -de -sac so they should have this re- evaluated to determine if an intersection could be placed there to eliminate the length of the cul -de -sac. He stated there has been a lot of discussion regarding the parks and it should be noted there was a lot of concern and feedback. In regard to Lot 59, he would not like to see a driveway going out onto Xeon. He wondered if the applicant had taken time to look at extending Lots 54/55/56 to go to the back property line and make larger lots. He noted it would be nice to have addresses and a sketch plan together so the Council knows where the speaker lives in relation to the plan. Chairperson Holthus wanted to address the issue of the stop signs on Xeon and 152 °d Commissioner Nemeth thought it would be in the best interest of the City to line up Street A with Wintergreen Street, which goes through Lot 38. This will create a four -way stop and hopefully control traffic at one point. Commissioner Nemeth asked if the letter from four neighbors should go to the Open Space Advisory Commission for review. Mr. Carlberg indicated he will forward it to the Commission and it will also go forward to the City Council, City Planner Hanson stated this item would be before the City Council at their March 18, 2014, meeting. V Regular Andover Planning and Zoning Commission Meeting Minutes —March 11, 2014 Page 5 OTHER BUSINESS. Community Development Director Carlberg updated the Planning Commission on related items. ADJOURNMENT. Motion by Daninger, seconded by Nemeth, to adjourn the meeting at 7:57 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. I C I T ]' O F NDQVE 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 for mining at properties located at Andover Blvd MV and Butternut St NW as requested by Mr. Mark Smith. DATE: April 8, 2014 INTRODUCTION Mr. Smith is proposing to borrow (mine) up to 65,000 cubic yards of materials from the properties he owns along Andover Blvd NW and Butternut St NW. The materials will then be transported and used on the Catcher's Creek residential development site located at the SE corner of Prairie Rd NW and Andover Blvd NW. City Code 12 -12 requires a conditional use permit for mining of more than 400 cubic yards of materials on a property. DISCUSSION Mr. Smith originally submitted a request for a CUP to mine up to 110,000 cubic yards of material from the site. However, on April 2, 2014 Mr. Smith submitted a request to staff to reduce the amount to 65,000 cubic yards. He has submitted a revised plan to reflect this change. Engineering staff is in the process of reviewing the revised plan. It has been brought to the attention of staff that a possible burial mound is located on the site. The burial mound was reported years ago to the State Archaeologist but had never been investigated. Once the mining request was submitted to Mr. Scott Anfinson, State Archaeologist, he contacted city staff and submitted comments. His comment letter is attached for your review. Mr. Anfinson recommends no disturbance within 20 feet of the mound feature. He will investigate the site once the snow subsides. If it is determined a burial mound exists on site, no disturbance within 20 feet of the mound feature will be required to preserve and protect the area. Engineering Department Review The Engineering Department completed a review of the original plan that reflected the mining of up to 110,000 cubic yards. The March 5, 2014 comment letter is attached for your review. Once Mr. Smith changed the amount of materials to be mined from 110,000 cubic yards to 65,000 cubic yards, he submitted a written response to engineering comments, a revised mining and grading plan, utility schematics, geotechnical report, project timeline, and a copy of the NPDES permit application. The Engineering Department is in the process of reviewing the submitted materials. Coon Creek Watershed District A permit from the CCWD is required for the proposed project. The plans have been submitted for review. The permit is required prior to the commencement of work. Silt fence and seeding to establish groundcover after project completion will be required through the CCWD permit. Transportation Materials will be moved from the site using Butternut St NW and Andover Bvd NW. The materials will be delivered to the Catcher's Creek site via an existing driveway along Andover Blvd NW. The transportation route is shown on the attached mining and grading plan. Conditional Use Permit Criteria City Code 12 -14 -613 provides the following 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 and Zoning 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. 2. If it shall determine by resolution that the proposed use will not be determental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the Comprehensive Plan, the City Council may grant such permits. Planning and Zoning Commission Review The Planning and Zoning Commission will need to consider whether the proposed use is acceptable based on the conditional use permit criteria listed above, whether conditions are necessary, or whether the proposed use cannot be made to meet the conditional use permit criteria. ACTION REOUESTED The Commission is asked to hold a public hearing, review the proposed conditional use permit application and make a recommendation to the City Council. If the Planning and Zoning Commission recommends approval, staff suggests the conditions in the attached resolution be approved. Attachments: Resolution Location Map Letter from Property Owner /Applicant Mining and Grading Plan (updated to reflect the removal of 65,000 cubic yards) and Transportation Route Engineering Department Memorandum, Dated March 5, 2014 and Applicants' Response State Archaeologist Emails b ctfully Submi ed, _ t Stephanie L. Hanson Cc: Mark Smith, 2120 Otter Lake Drive, Lino Lakes, MN 55110 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RXXX -XX A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR MINING AT THE PROPERTIES LEGALLY DESCRIBED AS FOLLOWS: 20 ANDOVER BLVD NW, PIN 25- 32 -24 -41 -0008, THE N 540 FT OF LOT 9, AUDITORS SUB. NO 141, EX RDS SUBJ TO EASE OF REC; 14415 BUTTERNUT ST NW, PIN 25- 32 -24 -41 -0010, THE S 336.44 FT OF N 673.01 FT OF W' /2 OF E'' /� OF SE/ 20F SEC 25 TWP 32 RGE 24, EX RD, SUBJ TO EASE OF REC; 74 ANDOVER BLVD NW, PIN 25- 32 -24 -41 -0011, THE N 336.57 FT OF LOT 8 AUDITORS SUB NO. 141, EX RD, SUBJ TO EASE REC. WHEREAS, Mr. Mark Smith has requested a conditional use permit for the mining of up to 65,000 cubic yards of material on the subject properties; and WHEREAS, the Planning Commission held a public hearing on April 8, 2014; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning Commission recommends to the City Council approval of the conditional use permit; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the conditional use permit to allow for mining of up to 65,000 cubic yards of materials on said properties with the following conditions: 1. All comments from city staff and the Coon Creek Watershed District must be satisfactorily addressed prior to the commencement of work on the properties. The City of Andover Engineering Department will determine when all comments have been satisfactorily addressed. 2. The applicant shall obtain permits from the Coon Creek Watershed District and a NPDES permit from the Minnesota Pollution Control Agency prior to commencement of work on the properties. 3. The site shall be restored and vegetated prior to winter conditions as determined by the Coon Creek Watershed District. 4. A cash escrow or letter of credit for hauling on Butternut St NW shall be required to ensure any damage to the street will be repaired by the applicant. The amount shall be determined by the City Engineer. Adopted by the City Council of the City of Andover on this 15`h day of April, 2014. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor A C T ,f, �, a � fi�I Butternut Soil Removal Location Map •w it! ~ ms 219 102 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. Copyright © 2013 City of Andover, Atl Rights Reserved Printed 04103/2014 *M LAW R1 e Hanson From: Markmoeinc @aol.com Sent: Wednesday, April 02, 2014 11:42 AM To: Stephanie Hanson APR 2 2014 Cc: rhaug @cooncreekwd.org; markmoeinc @aol.com Subject: CUP Butternut Street Dear Stephanie, } CITY OF ANDOVER Per my CUP request, I am lowering the amount of material being removed from 110,000 cubic yards to a maximum of 65,000 cubic yards. This amount is based on the needs of my Catcher's Creek development. Thank you for your consideration, Sincerely, Mark Smith In n 0 m II O O l,cW 91ae Boner Area ♦ , y 1 I a3.nou.x: uam v� • 11v 1 ( .' 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MN 55122 Phone: (651) 4D5 -6600 Fax: (651) 405 -6606 Cfl er by col I hereby ,MW b Me or won. ey &,, llon, or report woe p Dron .d duly mi m Nna' e, rimed wne., un and tool V om v tlPly Llcenretl Prol<eeionPl Engineer under the lo>e of the stole v1 MMnmolo. Dole. 3131114 Randall C. Hedlund MN. M. NO. 19576 REN9[xl0 REMARKS GATE 8C O `v o P.aNcr Rm. u MmM, AaAe.abn 3/3/1( cell Aa4 umee r> ro4,a, eurwl Mound a/1) /r4 CRR PREPARED FOR: MARX SMITH 2120 Otter Lake OrA,, Saint Pout, MN 55110 A.N•1 Gnalnq la al Nand x/311. wt ,zI Aapa (mrwn •p /1+ A AN66W j 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV MEMORANDUM TO: Stephanie Hanson, City Planner COPIES TO: FROM: Todd J. Haas, Assistant Public Works Director ' David D. Berkowitz, Director of Public Works /City Engineer- ngineer 8 DATE: March 5, 2014 REFERENCE: Catcher's Creek East Mining Grading Plan (Mark Smith Property) /Conditional Use Permit/Review #1 The following review comments are in regards to the Condition Use Permit that has been applied for by Mark Smith: 1. It appears that gravity sanitary sewer can serve the area with the lowering of the site elevation. This should be verified to ensure that full basements or whatever style home will be considered in the future can be constructed due to the elevation changes. A sanitary sewer schematic shall be submitted with the approximate pipe location and invert elevations at each manhole. 2. It is recommended to ensure the site is buildable for a future residential development, it will be necessary to submit a geotechnical report which shall include the seasonal high water mark (highest anticipated ground water table). 3. It will be necessary to indicate if any existing wetlands exist. Site will need to be verified by the Coon Creek Watershed District since they are the LGU overseeing the Wetland Conservation Act. 4, A Coon Creek Watershed District permit is required as part of this mining work and shall be approved prior to work commencing. 5. The site shall be stabilized with erosion control measures within 14 days of grading completion or prior to winter conditions. Slopes shall not exceed 4:1 and any slope greater than 6 :1 shall require erosion control blanket. All silt fence and tree protection fencing locations are to be identified on the plan. Orange silt fence is allowed for both erosion control and tree protection. A detail of the erosion control devices should be identified in the legend. The slope along the east side property (City of Ham Lake border) is required to be sloped at 4:1 or flatter or the installation of a retaining wall shall be required. 6. An escrow for hauling on Butternut Street NW shall be required to ensure any damage to the street will be repaired by the property owner. The escrow amount will be determined by the City Engineer. 7. Must provide dust control on Butternut Street and street sweeping along the haul route on a daily basis. 8. A permit from the Anoka County Highway Department may be necessary since Andover Boulevard will be used as a haul route. A traffic control plan for both Butternut Street NW and Andover Boulevard is to be submitted to both the City and to the County. 9. Need to indicate on the plan the existing home (east side of street) on Butternut Street NW will to be removed as part of the grading. 10.A NPDES permit from the MPCA is required for this project. A copy of the permit shall be given to the City before construction begins. 11. An AutoCAD asbuilt plan and digital information shall be submitted to the City at the completion of the mining and restoration of the site. All comments shall be responded to in writing and changes to the plan made as necessary. If you have any questions, feel free to contact Todd Haas or David Berkowitz at 763- 755 -5100. Stephanie Hanson From: Anfinson, Scott (ADM) [scott.anfinson @state.mn.us] Sent: Tuesday, March 11, 2014 9:47 AM To: Stephanie Hanson Subject: RE: Mining Conditional Use Permit, Butternut St, Andover Attachments: Andover Mounds.pdf Stephanie: Thanks for the update and the plan. The burial mounds at this location were reported years ago, but have never been looked at by an archaeologist. I will try to get there as soon as possible after the snow is gone. I have attached a LiDAR map of the area with arrows pointing to the two possible burial mounds. Based on the LiDAR, I would say there is a good chance they are indeed burial mounds. The mounds also clearly show as topographic features on the grading plan. The eastern mound is just west of the project. The western mound is near the southern end of the project. For now, no construction or grading should be done until I make a determination under Minnesota Statutes 307.08. Thanks for your help. Scott Anfinson State Archaeologist From: Stephanie Hanson [s.hanson @andovermn.gov] Sent: Tuesday, March 11, 2014 9:09 AM To: Anfinson, Scott (ADM) Subject: Mining Conditional Use Permit, Butternut St, Andover Good morning Scott. Attached is the grading plan for the site along with narrative (in email form) from the developer. Please let me know if you have further questions. Best Regards, Stephanie L. Hanson City Planner City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 (763) 767 -5147 Adopt the pace of nature: her secret is patience. Ralph Waldo Emerson 1 Stephanie Hanson From: Anfinson, Scott (ADM) [scott.anfinson @state.mn.us] Sent: Tuesday, March 11, 2014 9:51 AM To: Stephanie Hanson Subject: RE: Butternut St, Additional Info. I should clarify that no disturbance should be done within 20 feet of the mound feature. The northern portion of the project is OK to develop, but if any bones are found, construction should halt immediately. Scott Anfinson State Archaeologist From: Stephanie Hanson [s.hanson@andovermn.gov] Sent: Tuesday, March 11, 2014 9:09 AM To: Anfinson, Scott (ADM) Subject: Mining Conditional Use Permit, Butternut St, Andover Good morning Scott. Attached is the grading plan for the site along with narrative (in email form) from the developer. Please let me know if you have further questions. Best Regards, Stephanie L. Hanson City Planner City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 (763) 767 -5147 Adopt the pace of nature: her secret is patience. Ralph Waldo Emerson 1 Andover The State of Minnesota seer the Mrrwasob OepaArnent of Natural Reawrccmakea no"IS -datbro o ooue can on aM or w S Mes expressd or kneed, rem respect td the M Q(M&M or geographic dare growled hemtim regardleas d As format or the mexmd AStransmk Then is M guaram"M representation to the user a to the soNnoy, arrcncy, adbbdity, or reliability of this data for arty Wrboee. The u ac epos the data 'as Is' Scale:1:3,522 The Stara of Mm mots assumes no resporsiWky for loss Of damage -Ur d as a mWk of arty usa RGmCe on Ns data. AN maps and other material provided herein are prctertd br cpprright Fsmerr¢ care ova, uad during me cpmpeedon of that product. /bweaeg doe to changeatn oanasldp and the need to red' on Mule, hdonnatco, arras a drrliffiM may east If YOU should dsmva an aern9hr, "ersvmage you to let us wm by calling dm MR N 3- 8884%1i%7 or br small at M0.dnr@Bate.mm-ue Noce: Elevationanages and mrd wemgeneratedtram LOARdaradekraWwdh saaOmd2007 -2812. Created on 1(13(2039 . A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: 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: April 8, 2014 BACKGROUND The Planning and Zoning Commission held a public hearing on the land use table (City Code 12 -12) on November 12, 2013 and recommended the City Council adopted the amendment. At the December 3, 2013 City Council meeting, Council directed staff to bring the table to a Council work session to further discuss the segregating of the table into a table of residential uses and a table of commercial /industrial uses. Council also wanted the uses on the table(s) to be categorized to make the table more user - friendly. The City Council held three work sessions to discuss the revisions to the table. City Council during these work sessions also requested revisions to the uses as well as new or revised definitions to support the uses listed on the table. The Planning and Zoning Commission held a work session on March 11, 2014 and staff provided revised land use tables as well as highlighted the significant changes to the uses and definitions based on Council discussion. Attached is an ordinance amendment that culminates and reflects all of the changes made by the City Council. ACTION The Planning and Zoning Commission is requested to review the changes to the code amendment, hold a public hearing on the proposed amendment, and make a recommendation to the City Council the approval of the amendment with any changes deemed necessary by the Commission at the meeting. Respectfully Submitt d, 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: A place 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 2139=7172T.0 IN me 7A it I CLUB, PRIVATE: A place 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). 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. K -12 SCHOOL: Any building or group of buildings, the use which meets the compulsory education laws of the State of Minnesota for elementary school, middle school (junior high school), secondary school (senior high school). MANUFACTURING, ' '" " �,.. TE 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 nohaase#efis beverages, signs and displays, printing, publishing, fabricated metal parts, appliances, clothing and textiles. POST - SECONDARY SCHOOL: Post - secondary School: Any building or group of buildings, the use of which is higher in education than secondary school (senior high school). PROFESSIONAL STUDIO: A building or portion of a building used as a place of work by an artist, photographer, or artisan, RENTAL BUSINESS: The rental of equipment associated with the primary use of the property. RETAIL TRADE AND SERVICES: A place that is a destination for vacation or recreation, rest, or frequented for a particular purpose, often with food and /or entertainment. - - - - -- - - -- - - -- - - - -- - - - -- -- .. dressmaking, hardware, hats, hobby shops foF Fetail of items te be -- .. testiRg, laLlRdFy and dFy GleaRing PiGkup (pr-eGessing to be .. .. goed6 and -. shoes, - - - eXGept open massage business • as its Primary function of • • 1 personal to the consumer. UTILITY — PRIVATE: Includes cable television, electric, gas, phone, steam, communication services or the like. •. - •. u • r - - . UTILITY — PRIVATE: Includes cable television, electric, gas, phone, steam, communication services or the like. UTILITY — PUBLIC: Includes municipal sanitary sewer, water, storm sewer and any other municipal utility installed by or for the City of Andover. 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 subiect 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 subjected 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 anv 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 RESIDENTIAL PERMITTED, PERMITTED ACCESSORY CONDITIONAL, AND INTERIM AND PROHIBITED USESs updated 2/25/14 P- Permitted Use R -1- Single Family-Rural UP! PA- Permitted Accesso ry Use R -2- Single Family- Estate R3 SCE FOOTNOTES C- Conditional Use R -3- Single Family- Suburban � Y- X- Prohibited Use R-4- Single Family- Urban C PUD- Planned Unit Development R -5- Manufactured Housing X (titan' ) Use Not Per„,` ^a I- M -1- Multiple Dwelling- Low , Density Interim Use If Use Not Specifically Listed, It Is Prohibited Perm*tted. Permitted Accessory, Condiflonal. Interim and Prohibited Uses UP! R -1 R-2 R3 Animals Animal Therapy Facility-on properties larger than five acres in size C C C X X X X Commercial animal training 2.5 acre minimum residential lot size C C C X X X X Commercial riding stables C X X X X X X Dog kennel license - Private (2.5 acre minimum lot size required) in compliance with City Code 5 -1A C C C C C C C Dog kennel license - Commercial (minimum 2.5 acre lot size) in compliance with City Code 5 -1A C C C C C X X Domestic animals in compliance with City Code Title 5 PA PA PA PA PA PA PA Keep fig of up iro-S 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 p P P X X X X a maximum of 20 animals9 and definition under City Code 12 -2 KeepiR- of more Farm animals gneater than allowed as a permitted use on residential properties 5 acres or greater in compliance with City Code Title 59 C C C X X X X and definition under City Code 12 -2 Feedlots, except Anoka Independent Grain and Feed Inc. which is a permitted X X X X X X X use that predates the adoption of this ordinance. R.cPleasure/recreation animals on residential properties at least 2.5 acres in size in compliance with City Code Title 5 and definition under City PA PA PA PA X X X Code 12 -2 Keeping of Poultry on residential properties with neither municipal sewer and water in compliance with City Code Title 5 and definition under City Code P P P X X X X 12 -2 Dtiv ellin -s Manufactured homes and modular homes, provided they are developed under a planned unit development and the complex is a minimum of twenty (20) X X X X PUD X X acres in size Multiple dwellings X X X X X PUD PUD Relocated dwelling units in compliance with City Code 9 -11 C C C C C C C Single-family residential buildings (detached) P P P P PUD PUD PUD Single-family residential buildings (attached) and townhouses X X X XUD X PUD PUD Two - family home conversions (splits) in compliance with City Code 12 -8 -1 C G E C G C C Home Occupations Home occupations within principal structure in compliance with City Code 12-99 PA PA PA PA PA PA PA 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 C C C C C C C with City Code 12-4&9 Barbershops and beauty salons C C C C C C C Bed and breakfast C C C C C X X Lfi inoFe than zwo (2) Boarders or roomers, up to two persons. by a resident family, with no private cooking facilities PA PA PA PA PA PA PA Cabinet making/wood working (home occupation) in compliance with City Code 12 -9 C X X X X X X Commercial greenhouse C C C C X CX C C X Daycare Centers- Home Occupation (12 or fewer children) P P P P P P P Daycare Centers -Home Occupation (13 or more children) C I C C C C C C Chapter 12 RESIDENTIAL updated 2/25/14 PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, AND INTERIM AND PROHIBITED USES P- Permitted Use R -l- Single Family-Rural n no Di PA- Permitted Accessory Use R -2- Single Family- Estate R -1 R -2 SEE FOOTNOTES C- Conditional Use R -3-Sin a Family- � Y' Suburban RS' X- Prohibited Use R4- Single Family- Urban PUD- Planned Unit Development R -5- Manufactured Housing P (blank! - UFO -Per a; ea l- M -1- Multiple Dwelling - Low Density P Interim Use If Use Not Specifically Listed, It Is Prohibited Perm*tted. Pe in'tted Accessory. Condftgonal. Interim and Prohibited Use- n no Di ttrict% R -1 R -2 R -3' R-4 3 RS' M -1 : 4 Da care Facility -Grou Famd P P P P P P P Farm Wineries (subject to City Code 12 -9 -12) C C C X X X X Rest -ho: ies°° `i(; Group Homes as regulated by State Statute C—P C- P E--P C_ P 6—P 6- P E-P Office in com liance with City Code 12 -9 PA PA PA PA PA PA PA Therapeutic massage establishment (as a home occupation offering on site massage services) as regulated by chapter 9 of this title and title 3, chapter 6 C C C C C C C Schools : K -12 Schools P P P P P p- X P X Post-seconclaa Schools C C C C C X X Schools exceeding height maximum up to 45 feet in height C C C C C C C Subordinate Classroom Structures (when located on a licensed Primary and/or Secondary school property) p I - p 1 - l" Al - F I - P I - p l - p I - Subordinate Classroom Structures (when located on a property where there is a church as the principal use) 6 I E I E I C I E I C I 8 I Utilities Private utilities (gas, electric, phone, cable. etc) in Complaince with City P - P - P - P - P - P - P - Code 8 -2 Private utilitv structures and,'or uses (electrical transmission lines, eas C - C - C - C - C - C - C p1elines. etc.) pubi a utility (resse tial .-,__ e�: P P p p p p p Public utility uses for local service easer.;e -nr P P P P P P P o. blie Hid t,.:., etui :�s •.-- 'oF es (all ethers) G G E E G G G Other Agricultural uses - rural (outside MUSA boundary only) P P P X X X X Agricultural uses- urban P P P P P P P Antennas in excess of thirty-five feet (35') in height in compliance with City Code 9 -12 C C C C C C C Buildings (Principal) exceeding height maximum subject to City Code 12 -3 -5 C C C C C C C Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in Compliance with Citv Code 12 -8 -5 C X X X X X X 0" nai:e;a pa ;!x;, Campgrounds, tfad r —, gun clubs and ranges, archery ranges, racetracks - C X X X X X X Cemeteries C C C C C C C Churches C C C C C P X P X Clubs and lodges C C C C C C C Crafts and antique businesses in buildings designated as historical sites by a county, state or nationally recognized historical organization X X X E X X X C Garages and Accessory Structures in compliance with City Code 12 -6 PA PA PA PA PA PA PA Golf courses and dm ins ram =es C C C C C C C Highway construction materials tem xa processing and storage) EI C-1 Cl E1 Cl EI CI Marinas C C C C C C C Publicly owned and operated property except as herein amended P P P P P P P Resorts C C C X X X X Swimming pools and recreation areas or structures PA PA PA PA PA PA PA 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 X Chapter 12 RESIDENTIAL updated 2/25/14 PERMITTED, PERMITTED ACCESSORY CONDITIONAL, AND INTERIM AND PROHIBITED USESs P- Permitted Use R -1- Single Family-Rural n ng Di. PA- Permitted Accessory Use R -2- Single Family- Estate R -1 R -2 SEE FOOTNOTES C- Conditional Use R -3- Single Family- Suburban � Y- Rti3 X- Prohibited Use R -4- Single Family- Urban PUD- Planned Unit Development R -S- Manufactured Housing C (blank) Use Not Per lit I- M -1- Multiple Dwelling - Low Density C Interim Use If Use Not Specifically Listed, It Is Prohibited (Amended Ord. 8,10-21-1970; amd. Ord. 8JJJJJJ, 7 -18 -2002; Ord. 8000000, 8 -5 -2002; Ord.8QQQQQQ, 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- 16 -10; amd. Ord. 397 8- 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 -6D 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 g o to Est. - If ike neighbO .hOOd. J 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 Non - continuous Operation'. (Amended Ord. 421, 10 -2 -12) 11 From November 15th to January 1 st 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, Condilional. Interim and Proh*b*ted Use% n ng Di. R -1 R -2 R-3 2 R-4 3 Rti3 M_ -1 M -1 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 4u5iness Schools R E C C G C X X RA RA R4 RA PA RA AA R R R R R R RA RA RA 12A RA JPM-AM PA RA RA RA C C C C C C (Amended Ord. 8,10-21-1970; amd. Ord. 8JJJJJJ, 7 -18 -2002; Ord. 8000000, 8 -5 -2002; Ord.8QQQQQQ, 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- 16 -10; amd. Ord. 397 8- 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 -6D 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 g o to Est. - If ike neighbO .hOOd. J 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 Non - continuous Operation'. (Amended Ord. 421, 10 -2 -12) 11 From November 15th to January 1 st 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 CONINIERCIALIINDUSTRIAL PERMITTED, PERNIITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USESs P- Permitted Use GR- General Recreation PA- Permitted Accessory Use LB- Limited Business srerooTNOM C- Conditional Use NB- Neighborhood Business X- Prohibited Use SC- Shopping Center PUD- Planned Unit Development GB- General Business «lnflk '' °° `' °• °° � 1- I- Industrial Interim Lse If Use Not Specifically Listed, It Is Prohibited updated 2/25/14 Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses GRI LB NDISCIGBI I Auto Related Uses Automobile service stations in compliance with Citv Code 12 -8 -7 X X C r C ° C C Car wash (automated) X X X C X X Car wash (self service) X X X X P P Car wash, accessory to automobile service station X X X P P P School bus terminal X X X X X P Transportation terminals or motor freight terminals X X X X X X Vehicle sales (new) in Compliance with Cit y Code 3 -8 X X X X P C C Vehicle sales (used) in Compliance with City Code 3 -8 X X X X C C Liquor Liquor licenses in compliance with Cit y Cade 3 -1 C X X C C C Liquor License, On -Sale Wine in compliance with City Code 3 -1 X X C C C C Liquor stores, off -sale in compliance with Cit Code 3 -1 X X X C C X Retail Trade and Services Adult use business as defined in Title 3, Chapter 7 of the City Code X X X X C C Barbershops and beau salons X P P P P X 'moo.,° maredRl fro; ks, Campgrounds, t-d, • S gun clubs and ranges, archery ranges, racetracks C X X X X X Christmas tree sales X 1 I I I Commercial recreation indoors, P P P PPP Commercial recreation outdoors C C C C C C Commercial riding stables C X X X X X Crematorium in compliance with definition under City Code 12 -2 X X X X C C Daycare centers (Commercial) X P P P P P Daycare centers (drop in) X PA PA PA PA PA Drive in businesses or businesses with a drive through window X C C C C C Dry Cleaning Processing (Amended Ord. 323, 2 -7 -2006) in compliance with definition under Citv Code 12 -2 X X X X C C Financial institutions X P P P P P Hotels and motels R X X C C P C C_ Lumberyard X X X X X C Medical and dental clinics X P P P P P Medical clinic-44-how continuous o eration X C C C C C Mortuaries and funeral homes Jv. ithout crematorium X P P P P P Pawnbrokers- as defined in Title 3, Chapter 4 of the City Code X X X C C C Precious metal dealers -as defined in City Code 3 -4 X X X C C C Professional studios X P P P P P Recreational vehicle, boat, and marine equipment sales X I X X P P I P Rental businesses (Equipment) X X I 1 P I P Repair services as defined in City Code 12 -2 X P P P P P Resorts P C X X X X X Restaurants/cafes P C P P P P Dane�0r Restaurant with live entertainment X X X C C X Retail trade and services X C P P P Secondhand goods dealers as defined in Title 3, Chapter 4 of this code X X X C C Theaters X X X P P IX—P Theaters (Outdoors) theaters C X X X X Veterinary clinics (no outside pens or animal storage) X P C C C P updated 2/25/14 Chapter 12 COMMERCIAL/INDUSTRIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USESs P. Permitted Use GR- General Recreation PA- Permitted Accessory Use LB- Limited Business C- Conditional Use seeroamorts NB- Neighborhood Business X- Prohibited Use SC- Shopping Center PUD- Planned Unit Development GB- General Business Wank) Use Nee Rerniited I- I- Industrial Interi—MU se If Use Not Specifically Listed, It Is Prohibited updated 2/25/14 Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses GR LB NB SC GB I Schools K -12 X X X X X X Post - Secondary Schools C C C C C C Schools exceeding height maximum up to 45 feet in height X C C C C C Store e Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in compliance with City Cale 12 -8 -5 X X C C C C Highway construction materials tem orary processing and storage) I 1 I I 1 1 Mini storage indoor store e onl X X X X C C Outdoor display, storage, and sales X X C C C C Outdoor display, storage, and sales- during operating hours only X X C C C C Tires - Exterior storage of waste tires X X X X X X Tires - Interior storage of more than eight J 8 waste tires X C C C C C Toxic waste storage X X X X X X Utilities Private utilities (gas, electric, phone, cable - etcl in Complaince with City P - P - P - P - P - P Code 8 -2 Private utilitv structures and'or uses (electrical transmission lines, gas C C C C C C pipelines-, eteJ Publi.„tility(Essefitiai s ..s,.,etiafew P V P- P 11 F Public utility uses for local service P P P P P P E E C- C C C- Other 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 principal building. X PA PA PA PA PA Antennas in excess of thirty-five feet (35') in height in compliance with City Code 9 -12 C C C C C C Buildings (Principal) exceeding height maximum subject to City Code 12 -3 -5 C C C C C C Churches X C X C X X Clubs and lodges X X X X P X Continuous operation of a business (footnote 10 & 11) X X P P X1 t XI Excavation greater than 400 cubic yards when no building permit has been issued in com liance with Citv Code 12 -9 C-1 - F1 FI C-1 FI 6-I - Golf courses and driving ranges VC1 X X I X X I X Rem„ ) °° - avas nursing o.. „° e- �- Group Homes as regulated by State Statute X p- X X I X X X Junkyards X X X X X X Landfills X X X X X X Manufacturing (4m4ed) X X X X P P Marinas C X X X X X Offices X p b P P P P Publicly owned and operated property except as herein amended P P P P P P Research laboratories X X X X P P Swimming pools and recreation areas or structures PA RA PA PA PA PA 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 Wholesalebusinesses X X X X P P updated 2/25/14 Chapter t2 COMNIERCIALIINDUSTRIAL PERMITTED, PERMIT TED ACCESSORY. CONDITIONAL, INTERIM AND PROHIBITED USES" P- Permitted Use GR- General Recreation PA- Permitted Accessory Use LB- Limited Business C- Conditional Use' s¢ roorNOns NB- Neighborhood Business X- Prohibited Use SC- Shopping Center PUD- Planned Unit Development GB- General Business iblaRk) Use Not perxrited I- I- Industrial Interim use If Use Not Specifically Listed, It Is Prohibited updated 2/25/14 (Amended Ord. 8,10-21-1970; amd. Ord. 8JJJJJJ, 7 -18 -2002; Ord, 8000000, 8 -5 -2002; Ord.8QQQ000, 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- 16 -10; amd. Ord. 397 8- 17 -10; Amd. Ord. 404, 1-18-11 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 pennit and in accordance with the criteria as stated in subsection 12 -15 -6D 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 lflEiujifla. bu� Fie! limited toi buildings tiUeli a� teleph0fie &Edldfl-�e StatlenS, bno�ter ef substations, eleNated tank and lift staitaiis eanfarmifl-,to 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 Non - continuous Operation ". (Amended Ord. 421, 10 -2 -12) 11 From November 15th to January 1st continuous operation will be allowed in the General Business and Industrial Zoning District. (Amended Ord. 424,11 -7 -12) 12 See substation 12 -9 -2 of this code forpermiacd home occupations. Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses GR LB NO SC GB I 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 P 6 X X X X X _ C X X X X X X X X X X X X X X X X X X X E X X X RA PA PA P A RA PA publie f�fests P I P I P I P P P a"d Pfi- ate and viildhf� fesem atio"s and publiem Park- E K P Tr,a5..._,,._r.,. e eflei._.._,.. FA PA VA Pro RA RA E E P P .tea ,...,,, ._ ., . w _ and teehii „ l Sol X updated 2/25/14 (Amended Ord. 8,10-21-1970; amd. Ord. 8JJJJJJ, 7 -18 -2002; Ord, 8000000, 8 -5 -2002; Ord.8QQQ000, 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- 16 -10; amd. Ord. 397 8- 17 -10; Amd. Ord. 404, 1-18-11 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 pennit and in accordance with the criteria as stated in subsection 12 -15 -6D 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 lflEiujifla. bu� Fie! limited toi buildings tiUeli a� teleph0fie &Edldfl-�e StatlenS, bno�ter ef substations, eleNated tank and lift staitaiis eanfarmifl-,to 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 Non - continuous Operation ". (Amended Ord. 421, 10 -2 -12) 11 From November 15th to January 1st continuous operation will be allowed in the General Business and Industrial Zoning District. (Amended Ord. 424,11 -7 -12) 12 See substation 12 -9 -2 of this code forpermiacd home occupations.