HomeMy WebLinkAbout06/14/20161685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
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Andover Planning and Zoning Commission
Meeting Agenda
June 14, 2016
Andover City Hall
Council Chambers
7.00 p.m.
1. Call to Order
2. Approval of Minutes — May 10, 2016 Workshop and Regular Meetings
3. Public Hearing - To consider city code amendments to the following: Title 11
Subdivision Regulations to amend the filing time for final plats; and Title 12
Zoning Regulations Section 12-2-2 add definitions for Accessory Dwelling Unit,
Solar Energy System, and Temporary Family Health Care. Facility; Section 12-8-
5 add requirements for Accessory Dwelling Units; Section 12-12 update
permitted, conditional and prohibited uses. Other city code amendments include
Title 9 Building Regulations to add regulations for Solar Energy Systems and
minor changes to Title 8 Public Ways and Property.
4. Other Business
5. Adjournment
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Stephanie L. Hanson, City Planner
SUBJECT: Approval of Minutes —May 10, 2016 Workshop and Regular Meetings
DATE: June 14, 2016
REQUEST
The Planning and Zoning Commission is requested to approve the minutes from the May 10,
2016 workshop and regular meetings.
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8 PLANNING AND ZONING COMMISSION WORKSHOP MEETING
9 MAY 10, 2016
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11 The Workshop Meeting of the Andover Planning and Zoning Commission was called to
12 order by Acting Chairperson Nemeth on May 10, 2016, 6:00 p.m., at the Andover City
13 Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
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15 Commissioners present: Commissioners Timothy Cleven, Bert Koehler IV and Jeff
16 Sims (arrived at 6:11 p.m.).
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18 Commissioners absent: Steve Peterson, Scott Hudson and Chairman Dean
19 Daninger
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21 Also present: Community Development Director Dave Carlberg
22 City Planner Stephanie Hanson
23 Others
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26 DISCUSS SOLAR ENERGY SYSTEM REGULA TIONS
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28 Mr. Carlberg reviewed the proposed Solar Energy System Regulations with the
29 Commission. This is the third meeting where the proposed regulations have been
30 reviewed.
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32 There was discussion about do-it-yourself solar systems for an application such as
33 swimming pools. Mr. Carlberg noted that the proposed code will not allow wall
34 mounting of systems. There was also discussion about the difference between installed
35 and temporary solar panels.
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37 Commissioner Koehler stated that someone that does not get along with their neighbor
38 might say something about a solar mat that is used to heat a swimming pool. Mr.
39 Carlberg expressed that an exemption for a solar mat might cause more issues than it
40 would solve, reiterating that the language in the proposed regulation requires systems to
41 be roof or ground mounted, so it should be covered.
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43 Mr. Carlberg highlighted clarifications that had been made to the draft regulation, such as
44 utilities must be installed underground, with the exception of the electrical lines for roof
45 mounted units. In addition, Connexus Energy reviewed and approved the language for
Andover Planning and Zoning Commission Workshop Meeting
Minutes — May 10, 2016
Page 2
I the regulation where it addresses the requirement for written approval from the local
2 utility.
4 Commissioner Koehler asked if the lines were covered by normal building standards.
5 Commissioner Cleven replied that it would be regulated by the industry.
7 Commissioner Sims arrived at 6:1 1p.m.
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9 Mr. Carlberg confirmed that a 5% rise is high enough off of the roof for the installation of
to solar panels. There was language added to meet the screening requirements of the City
11 Code, similar to the concealing of air handling equipment in a commercial building.
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13 Additional language was added in the proposed regulation related to ground mounting of
14 solar panels based on code descriptions from other cities. Ground mounted will be
15 permitted in the R-1 district.
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17 Commissioner Koehler inquired if 2 separate systems should be allowed on a single
18 property.
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20 Commissioner Sims asked if the Commission's goal is to look out for the neighbors. Mr.
21 Carlberg commented that was why there are screening requirements and a system can
22 only be installed in the rear yard.
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24 Commissioner Cleven noted that the panels have to be installed in a sunny place. He
25 commented that generally speaking, people in Andover love trees and that he cannot
26 really see people putting in these systems.
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28 Commissioner Koehler stated that as long as the City has all of the restrictions, he thinks
29 it is permissible for a resident to install more than one panel system. He confirmed that
3o he felt the proposed regulation was well done.
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32 Acting Chairperson Nemeth inquired if there should be any further restrictions, including
33 in the number or square footage of the panels. Mr. Carlberg reminded the Commission
34 that the City had its fust system presented to the Building Department in the last 5 years
35 and that the installation of solar systems was not a common practice in Andover. It was
36 also noted that Minnesota has quite a few cloudy days.
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38 Commissioner Cleven stated that the northern tiers produce more solar energy than the
39 southern states. The south has shorter days however Minnesota has longer days in the
40 summer and sunny days in the winter.
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42 Mr. Carlberg asked Commissioners to confirm that they were comfortable with the
43 proposed provisions. The Commissioners expressed their consensus with the proposed
44 solar energy system regulation.
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Andover Planning and Zoning Commission Workshop Meeting
Minutes — May 10, 2016
Page 3
1 Mr. Carlberg also noted that if a system was damaged, and not repaired, the owner must
2 remove it. Having addressed all of the concerns from the last Commissioner's workshop
3 meeting, the next step is to bring the regulation forward for approval. Mr. Carlberg also
4 clarified that roof mounted systems would not be regulated in size by the new
5 regulations.
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7 DISCUSS AMENDMENTS TO TITLE 11, SUBDIVISION REG ULA TIONS AND
8 TITLE 12, ZONING REGULATIONS
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10 Ms. Hanson reviewed the amendments with the Commission noting that the City Council
11 approved an amendment to make sure that they are consistent with Title 9, adding
12 language that might be required by the City.
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14 Mr. Carlberg gave The Shoppes at Andover as an example, stating that a bond is required
15 to make sure that a commercial property completes their landscaping in the spring. The
16 bond is 150% of its value. If it is needed, the City can do it, but is not necessarily
17 required to do so. Mr. Carlberg stated that it is a common practice with other cities even
18 for projects completed in the summer.
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20 OTHER BUSINESS.
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22 Mr. Carlberg updated the Planning Commission on related items.
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24 Ms. Hanson clarified the difference between a single family estate and a rural lot, stating
25 that R-2 was considered a rural lot, before Andover became a City — referring to 1940-
26 1960. The R-2 lots all have septic systems and wells.
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28 There was further discussion regarding the updating of the Title 12, Chapter 12, table that
29 identifies by zoning district the permitted, permitted accessory, conditional, interim and
30 prohibited uses.
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32 Ms. Hanson noted that a "use" is not something you can give a variance for by state law,
33 but a setback you can.
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35 Ms. Hanson discussed the staff recommendation of changing the number of recording
36 days for final plats from 30 days to one year.
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38 Acting Chairperson Nemeth asked if this was an average length for this area feeling that
39 the proposed change from one month to one year was substantial. Ms. Hanson replied
40 that there are many ways that the process can be held up from timely completion. Mr.
41 Carlberg explained that a final plat could be approved in November with plans to build in
42 the spring. It is common for a developer to not want to record the final plat and create
43 individual lots until they are ready to build the development. He agreed it is a big change
44 but it will provide some flexibility to developers.
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Andover Planning and Zoning Commission Workshop Meeting
Minutes — May 10, 2016
Page 4
Commissioner Koehler asked if a developer can build on the lots before it is recorded
with the County. Mr. Carlberg replied that a builder cannot.
Ms. Hanson continued to.describe other changes in the Table of Use.
Mr. Carlberg announced that there would be a public hearing on June 14`s on the
proposed solar energy system and ADU regulations, as well as the proposed changes to
the Chapter 12 table.
ADJOURNMENT.
Motion by Koehler, seconded by Cleven, to adjourn the meeting at 6:47 p.m. Motion
carried on a 4 -ayes, 0 -nays, 3 -absent (Daninger, Hudson, Peterson) vote.
Respectfully Submitted,
Marlene White, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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7 PLANNING AND ZONING COMMISSION MEETING — MAY 10, 2016
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9 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was
10 called to order by Acting Chairperson, Kyle Nemeth, on May 10, 2016, 7:00 p.m.,, at the
11 Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
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13 Commissioners present: Commissioners Timothy Cleven, Bert Koehler IV, Steve
14 Peterson, and Jeff Sims.
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16 Commissioners absent: Chairperson Daninger and Commissioner Scott Hudson.
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18 Also present: Community Development Director Dave Carlberg
19 City Planner Stephanie Hanson
20 Associate City Planner Brett Angell
21 Others
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24 APPROVAL OF MINUTES.
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26 April 12, 2016
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28 Commissioner Cleven requested that the Workshop minutes be edited on page 3, line 43,
29 by deleting the word "to" and adding the word "make" and on page 4, line 30,
3o eliminating the second instance of "that' in the sentence.
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32 Acting Chairperson Nemeth requested that the Workshop minutes be edited on page 3,
33 line 30, to correct the spelling of "siting" to "citing."
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35 Motion by Koehler, seconded by Cleven, to approve both the Workshop and Regular
36 minutes as amended. Motion carried on a 4 -ayes, 0 -nays, 1 -present (Sims), 2 -absent
37 (Daninger and Hudson) vote.
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40 PUBLIC HEARING: Interim Use Permit — Land Reclamation — Winslow Woods 2nd
41 Addition — BL Holdings, LLC,
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43 Associate City Planner Angell noted the purpose of this item is to hold a public hearing
44 and take input on an IUP to store up to 5,300 cubic yards of soil. The soil is excess dirt
45 from the Winslow Woods 2nd Addition development which is planned to be used in future
46 additions of Winslow Woods. The stockpile of dirt is existing and there are no changes
Regular Andover Planning and Zoning Commission Meeting
Minutes — May 10, 2015
Page 2
1 that would be made to the existing pile except for minor subtractions and additions of dirt
2 with the development of the lots of Winslow Woods 2nd Addition. The stockpile has been
3 graded to acceptable slopes reviewed by the City of Andover Engineering Department.
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5 Associate City Planner Angell further reviewed the proposed details of the IUP in the
6 staff report with the Commission.
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8 Mr. Angell stated that Mr. Berkowitz had been to the site and noted that silt fencing had
9 already been installed except on the south side of the stockpile because it would be a
10 hardship when turning around the farming equipment. Mr. Berkowitz also confirmed that
11 the grass seed was starting to take hold. Mr. Angell confirmed that if the seed does not
12 grow, the applicant will need to remediate that by re -seeding. He also pointed out that
13 the plan is only to be trucking soil from the area if it is needed as the intent is to keep it
14 on site for use as lots are developed. If trucking of the soil occurs, the route is noted on
15 the map provided in the packet. The IUP would expire on November 1, 2019, according
16 to the proposed resolution. Mr. Angell noted that the applicant was unable to attend the
17 public hearing. Mr. Angell offered to take questions.
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19 Commissioner Koehler asked if City staff would be doing a review of vegetation growth
20 in the future. Mr. Angell confirmed that staff will monitor the stockpile for growth of
21 vegetation.
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23 Commissioner Sims inquired if the stockpile would be gone or would it be permanent
24 once the development was complete. Mr. Angell stated the stockpile would be removed
25 when the IUP expires if it was not already removed. It is anticipated that it would be
26 utilized during the development of the lots.
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28 Commissioner Cleven inquired where the soil would go if it was removed. Mr. Angell
29 did not know. If it was in Andover an IUP would be needed. He continued by asking if
30 soil was removed or added to the stock pile would there be plans to clean and maintain
31 roadways. Mr. Angell confirmed that if the soil is shipped out, the applicant would be
32 required to clean the roadway.
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34 Commissioner Peterson inquired if that should be in the conditions [cleaning of the
35 roadways]. Mr. Angell reiterated that shipping the soil out would be the last resort and it
36 could be added as a condition. Mr. Peterson also stated that days and times of hauling
37 have sometimes been an issue on other sites. He asked for clarification as to whether
38 there would be hauling within the site or between the site and the lots (referring to
39 condition #4). Mr. Angell indicated that it referred to from and to the site and the lots.
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41 Commissioner Koehler asked if condition #4 could be worded to state "to or from the
42 site." Mr. Angell confirmed that it could be restated.
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44 Acting Chairperson Nemeth inquired if staff was comfortable with there being no silt .
45 fencing on the south side of the stockpile. Mr. Angell noted that Mr. Berkowitz approved
Regular Andover Planning and Zoning Commission Meeting
Minutes — May 10, 2015
Page 3
1 of it. He also noted that any runoff from that area of the stockpile would go into the
2 farmland, not a drainage pond or wetland.
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4 Acting Chairperson Nemeth asked for confirmation of the hauling directions and eventual
5 destination of the soil. Mr. Angell stated that there are no plans for a specific
6 development to ship the soil to that may remain. Mr. Carlberg reiterated that the proposal
7 included a map indicating the preferred hauling route through the neighborhood if soil
8 was to be removed from the site prior to the expiration of the IUP.
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10 Acting Chairperson Nemeth asked if the IUP could be a 2 -year time frame, instead of 3
11 years. Mr. Angell stated that there had been a lengthy discussion and that the staff was
12 comfortable with 3 years, due to it not being a large pile and it was already seeded and
13 the silt fencing was in place.
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15 Motion by Koehler, seconded by Cleven, to open the public hearing at 7:12 p.m. Motion
16 carried on a 5 -ayes, 0 -nays, 2 -absent vote.
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18 There was no public input.
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20 Motion by Peterson, seconded by Koehler, to close the public hearing at 7:13 p.m.
21 Motion carried on a 5 -ayes, 0 -nays, 2 -absent (Daninger and Hudson) vote.
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23 Commissioner Cleven inquired when the anticipated completion date was expected. Mr.
24 Angell indicated that there were 4 homes under construction and there are 18 total lots.
25 He estimated that it would be two years. He continued by asking if the construction
26 could be done in 2 years, why the IUP would be for an additional year. Mr. Angell stated
27 that there is no certainty that the lots will be sold in that time frame. Mr. Angell
28 reiterated that as the homes are built, dirt will come and go from the stockpile.
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30 Commissioner Koehler noted that the developer asked for 4 years and the City
31 compromised at 3 years.
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33 Summarizing, Commissioner Koehler stated that the recommended changes to the IUP
34 should include adding language indicating "to or from" on condition #4 and cleaning
35 roads where dirt is being hauled as a new condition. The exact language used will be left
36 up to staff to determine.
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38 Motion by Koehler, seconded by Peterson, to recommend to the City Council approval of
39 the Interim Use Permit with the above recommended changes. Motion carried on a 5-
40 ayes, 0 -nays, 2 -absent (Daninger and Hudson) vote.
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42 W. Angell stated that this item would be before the Council at the May 17, 2016 City
43 Council meeting.
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Regular Andover Planning and Zoning Commission Meeting
Minutes — May 10, 2015
Page 4
1 PUBLIC HEARING: Sketch/Planned Unit Development Plan Review —16473
2 Crosstown Blvd — Metrowide Development, LLC
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4 City Planner Hanson noted the purpose of this item is to hold a public hearing and take
5 input on preliminary plans for a proposed development at 16473 Crosstown Boulevard.
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7 City Planner Hanson reviewed the proposed concept plan with the Commission. Of note
8 is the fact that these are rural lots and that they are not located within MUSA boundaries.
9 The property is zoned R-1. Each lot is planned to have its own septic and well. There
10 are 13 proposed lots with 5 of them being less than the typical 2.5 acres for an R-1 zoned
11 lot. Ms. Hanson stated that there are minimal wetlands on the property and since the
12 project is at the concept phase, it has not yet been submitted to the Coon Creek
13 Watershed District. The Park and Recreation Commission recommended cash in lieu of
14 land for park dedication. One letter from a resident was placed into the public record.
15 Ms. Hanson requested to move to a public hearing.
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17 Acting Chairperson Nemeth asked for clarification, stating that the Commission would
18 not be voting and that the concept plan was simply open for review. Ms. Hanson replied
19 that the development would come back to the Commission in a preliminary plat hearing
20 and that there would be more communication at that point.
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22 Commissioner Cleven noted that 8 of the lots meet the lot requirement and 5 are under
23 review. He asked what the option would be for them. Ms. Hanson responded by saying
24 that was why the development was coming to the Commission as a PUD.
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26 Commissioner Koehler asked if the City had received any information regarding how
27 small the lots might be. Ms. Hanson replied 1.33 acres, indicating that the sizes were
28 described in the agenda packet.
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30 Commissioner Peterson inquired about extending the road to the southern boundary and
31 asked if they had received any concepts from the developer. Ms. Hanson stated that the
32 City does not want homes to be landlocked, and that they did receive a ghost plat from
33 the developer. She described the ghost plat and stated that it is an illustration of what it
34 might be like if it were developed in the future.
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36 Commissioner Sims inquired if the developer was required to work under the PUD
37 guidelines. Ms. Hanson stated that the work with City officials was on the PUD and that
38 they worked with the developer with the idea of being flexible and creative to come up
39 with a product that works for everybody.
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41 Acting Chairperson Nemeth stated that developments within MUSA must have city
42 sewer and water. He inquired as to what makes this different. Ms. Hanson responded
43 that MUSA is not available to this property.
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Regular Andover Planning and Zoning Commission Meeting
Minutes — May 10, 2015
Page 5
1 Acting Chairperson Nemeth asked if the developer had spoken with the Anoka County
2 Highway Department. Ms. Hanson indicated that question should be asked of the
3 applicant.
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5 Acting Chairperson Nemeth asked staff if the right-of-way was a concern. Ms. Hanson
6 responded that 50 feet would be sufficient, and because of that, there would be signs
7 posted indicating no parking on either side of the street.
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9 Acting Chairperson Nemeth made note of the memo by Mr. Berkowitz related to curb
10 and gutter. Ms. Hanson stated that it was not required because it is rural, but staff is
1 I recommending it.
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13 Acting Chairperson Nemeth inquired about their tree preservation plan. Ms. Hanson
14 stated that it is informal, but it is not required and there will be references to it on the plat.
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16 Acting Chairperson Nemeth indicated that he felt he could not really see the lots
17 themselves in the printed material and that it would be helpful to be able to see them
18 better.
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20 Commissioner Cleven stated that adding ditching alongside the roadway, for drainage
21 and runoff for the property would be of interest to the watershed district.
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23 Commissioner Koehler wondered if 60 feet ROW might work better for the roadway, and
24 if there was 50 feet in another area to observe. Mr. Carlberg confirmed that 50 feet can
25 be found in other areas of the City and that he has not heard of any issues with the
26 narrower ROW.
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28 Mr. Carlberg noted the staff report and discussion related to a potential street connection
29 to the east and to the south. He referenced item 4 in the staff memo.
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31 Acting Chairperson Nemeth gave instructions to anyone wishing to address the
32 Commission and reminded those in attendance that nothing would be approved at this
33 evening's meeting, but that the purpose was to give feedback to the developer as well as
34 the City Council, who also reviews the minutes and or video of the meeting.
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36 Motion by Peterson, seconded by Koehler, to open the public hearing at 7:36 p.m.
37 Motion carried on a 5 -ayes, 0 -nays, 2 -absent (Daninger and Hudson) vote.
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39 Shawn Lidberg, of 545 Constance Boulevard NW, stated that he had a few concerns in
40 reading the staff report, including the number of variances requested. Mr. Lidberg noted
41 the smaller lots, believing that the developer was trying to develop as many lots as they
42 could when the property is not actually designed for that many. In addition, Mr. Lidberg
43 noted that there were plans for a deceleration lane, but not a bypass lane. He expressed a
44 preference for a vehicle count and study believing that the traffic would increase due to
45 the additional housing, since he moved to the area 18 years ago. Mr. Lidberg also noted
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Regular Andover Planning and Zoning Commission Meeting
Minutes — May 10, 2015
Page 6
1 the ghost plat and stated that his property would not be developed any time soon. He also
2 expressed the need to have a turn -around for emergency vehicles. Wetlands were briefly
3 mentioned, he felt what was not addressed was the County Ditch #58. He asked how the
4 ditch would be crossed and with what type of road structure. The fact that there would be
5 no parking on the street with the reduced right of way he felt could be an issue, if there
6 was an event at someone's home. On the PUD, Mr. Lidberg noted that he had concerns
7 about Lots 6 and 7 and how the vegetation buffer might be maintained and what that
8 requirement involve and if there was any flexibility in where the lot line was placed. His
9 final question was would the development affect his ability to have horses on his
10 property. In summary, he asked the Commission to take into consideration the
11 consistency in the ordinances, as the development has been laid out.
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13 Acting Chairperson Nemeth responded by saying that if a resident is abiding by the City
14 Code that they could certainly maintain their horses.
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16 Greg Shultz, 16331 Crosstown Boulevard NW, stated that he had concerns about a
17 pipeline that runs through the area. He wondered what the potential impact might be on
18 those lots and the layout of those lots.
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20 Steve Heinen, 455 166th Avenue NW, stated that he lives just north of the proposed
21 development. He wanted to know if there would be a study done on how it might affect
22 adjacent property as it relates to well water and pressure. He also had concerns about the
23 width of the roadway if there was a graduation party or family reunion. He commented
24 that it is hard to get through when there is parking on both sides of the street for a
25 roadway that is not a reduced width.
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27 Diane Schultz, 16331 Crosstown Boulevard NW, asked about the ghost road and if there
28 would be a planned road to the east and where would it be located.
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30 Doug Engstrom, 509 166th Avenue NW, asked why the Commission would consider less
31 than the minimum 2.5 acres.
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33 Joe Maki, 16409 Crosstown Boulevard NW, expressed their interest in a development
34 that included a tree preservation plan.
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36 Patty Diestler, 401 Constance Blvd NW, wrote a letter against the development with
37 concerns focusing on the reduction of habitat. Her comments were acknowledged.
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39 Darin Lazan, of Metrowide Development, stated that he had informal meetings with staff,
40 including discussion regarding trees with Kameron Kytonen. He appreciated the work
41 that had been done with the staff. He reiterated that it is an interim step to get feedback
42 from residents and the Commission and then he would get back to work and bring back
43 additional information to share. At this point the project is at a concept level. Generally
44 speaking, he does not prefer to do ghost platting, but it is required. The road as shown to
45 the east is one potential option to meet requirements, but it is not shown on the concept,
Regular Andover Planning and Zoning Commission Meeting
Minutes — May 10, 2015
Page 7
1 because it is unlikely to be developed. If it becomes critical to the project, it can be
2 addressed. Wherein, access to south does make sense. Because this is designed to be a
3 low impact development, the objective is to have the least disturbance possible and the
4 smallest footprint possible with custom grading to preserve trees. Considerable
5 flexibility was taken to align the road to preserve the best amenities. This was also the
6 motivation for reducing the size of the roadway. Their initial thought was to have no
7 parking on one side and he is willing to work with staff on that concern. Since the focus
8 of the design is to minimize the footprint and the property is generally surrounded with a
9 considerable amount of wetland the reduced lot size is not as noticeable. Also, by
10 reducing the lot sizes the best stand of trees would be able to be left undisturbed as
11 opposed to where the road would have gone in a traditional development. Mr. Lazan
12 showed an example of a low impact design (LID) development in Edina. He discussed
13 how storm water is treated naturally and showed examples of similar projects where the
14 swale was planted with native grasses. Residents can choose to have a rain garden
15 adjacent to driveway. Their plan asks for a 13a` lot, instead of 12, because low impact
16 developments are a more expensive process and this would offset the costs with one extra
17 lot to support it. He noted that the traffic volume is not expected to be as much of a
18 concern and there are plans for a deceleration lane to get into the neighborhood. Site
19 lines are a consideration. This would be a pilot project for Andover and a way to save
20 trees and wetlands. If the concept is appealing Mr. Lazan would like to know before he
21 puts more time and money into the project.
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23 Acting Chairperson Nemeth expressed concerns about the dead end and the need to
24 accommodate fire department vehicles. Mr. Lazan stated that this point was an oversight
25 in the design and would be addressed.
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27 Acting Chairperson Nemeth inquired if there would need to be a culvert placed where the
28 county ditch goes through. Mr. Lazan agreed that this would need to be addressed.
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30 Acting Chairperson Nemeth addressed tree preservation, clarifying that the homeowner
31 makes the ultimate decision to keep or what is taken out as development moves forward.
32 Mr. Lazan stated that was a correct statement.
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34 Acting Chairperson Nemeth asked if there would be an impact to the pipeline. Mr. Lazan
35 stated that it is a natural gas pipeline and that the necessary requirements and setbacks
36 would be maintained, the same as in his own Andover neighborhood.
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38 Acting Chairperson Nemeth inquired if the developer expected that there would be any
39 effects on well water or the water table by 12 or 13 new lots particularly since
4o neighboring residents are already having issues. Mr. Lazan stated that the question
41 would need to be addressed at a future date and that they would look at the well depth.
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43 Acting Chairperson Nemeth inquired as to why the lots were less than 2.5 acres, which is
44 standard. Mr. Lazan stated that this plan helps to preserve more trees and with a PUD it
45 is typical to have give-and-take. Acting Chairperson Nemeth followed up by asking why
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Regular Andover Planning and Zoning Commission Meeting
Minutes — May 10, 2015
Page 8
1 there was a request for an additional lot. Mr. Lazan responded that the trees were the
2 greatest asset and that the goal was to minimize disturbance as little as possible. He
3 stated that he hoped to maximize the lots, in exchange to help fund the extra expenses for
4 the more expensive low impact development process.
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6 Acting Chairperson Nemeth encouraged Mr. Lazan to work with City staff on parking,
7 stating that even no parking signs do not stop people and that he shared the same concern
8 as the resident that spoke earlier in the evening.
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10 Acting Chairperson Nemeth asked whose responsibility it would be to maintain the
I 1 vegetation. Mr. Lazan replied that the landowner is responsible for taking care of their
12 property. He indicated that the swale is intended to be allowed to grow and would be
13 marked accordingly and that homeowners could choose more or less vegetation, but there
14 would still be native vegetation in the swale. He noted that in other developments they
15 had to keep coming back for a few years, but with newer standards they can more easily
16 predict effectiveness and they are able to be maintained.
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18 Commissioner Cleven reiterated that these systems work well for runoff and as
19 stormwater drainage systems, and if kept up by property owners are appealing.
20
21 Commissioner Peterson thanked the developer for trying something new and innovative.
22 He expressed a preference for parking on one side of the street and commented that Club
23 West in Blaine, has a narrower feel that is too tight. He commented that he was curious
24 what Anoka County would say about the safety issue as it is planned. He wondered if
25 consideration could be given to remove lot #8, and then lot #7 and #9 would be back up
26 to usual standards. He also wondered if an offset driveway makes sense.
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28 Mr. Sims also commented on the pipeline noting that the easement on one lot already
29 exists today. Mr. Carlberg confirmed that the dedicated easement carries through to the
30 plat. Mr. Sims asked about the narrow road. Mr. Lazan responded that there was less
31 disturbance, grading, etc.
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33 Commissioner Koehler indicated that he is hesitant on the road to the east. He also feels
34 that there should be consideration for the need for emergency vehicles to allow for
35 redundancy. He stated that the narrower road slowed people down in his own
36 neighborhood. He felt what it boils down to is having lots size of less than 2.5 acres and
37 whether or not it is worth allowing for a nicer neighborhood to compromise on the size.
38 He noted that the developer is offering more in exchange for the compromise.
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40 In summary, Acting Chairperson Nemeth stated that the Commission had listened to the
41 residents including concerns about the size of the lots and noted that this was a PUD so
42 there is give and take. He also stated that he liked the plans for the storm water swales
43 and applauded the developer for the planned effort to save the trees.
44
Regular Andover Planning and Zoning Commission Meeting
Minutes — May 10, 2015
Page 9
i Commissioner Sims asked if there would be a sole builder and if interest had been
2 expressed in the lots. Mr. Lazan stated that there may be individual builders or a builder
3 could buy several lots. Commissioner Sims asked if they would be "cookie cutter"
4 homes. Mr. Lazan replied that the lots are planned to be custom graded for the eventual
5 homeowner.
6
7 Mr. Carlberg asked for direction from the Commission on lot size as well as a connection
8 to the east.
9
10 Acting Chairperson Nemeth inquired if the existing home would be removed. Mr. Lazan
11 stated it may be restored and that the pole barns would be removed.
12
13 Commissioner Koehler stated that he felt that the development needs to be thoughtfully
14 planned out. He also expressed concerns about there being one way in and one way out
15 of the development and encouraged the developer to work with staff to find a way out to
16 the east and not to ignore the standard 2.5 acres lot requirement for 5 of the 13 lots. He
17 stated that he believed that it would be a nicer neighborhood if he was good to his word.
18
19 Commissioner Cleven noted that Lot 12 is 112,300 square feet and the others are all
20 smaller. He stated that a PUD is give and take and that consideration be given to getting
21 Lots 8 and 9 closer to 1.5 acres. He stated that he believed there were people that would
22 buy the smaller lots.
23
24 Commissioner Peterson stated that he agreed with what had been said by his fellow
25 Commissioners. He noted that two lots were over an acre smaller, and were quite a bit
26 less than 2.5 acres. He recommended looking at ways to unify the lot size more. He
27 indicated that he was not supportive of putting a road into a wetland and that the
28 preliminary plans cannot provide for every possible connection. Commissioner Peterson
29 asked the developer to work with staff.
30
31 Commissioner Sims recommended enlarging the 1.3 acre sites to closer to 2 acres. He
32 also expressed concerns with the road.
33
34 Commissioner Koehler asked that the developer talk with staff about the road. He asked
35 that they not "put a bridge to nowhere." He noted the size of the smaller lots -- two of the
36 five, are 1.33 and 1.38, and the rest are all 1.66 or more. Mr. Lazan stated that the sizes
37 are all negotiable. He noted that Lot 8 has a large area to build on with less usable
38 wetland behind and some of the bigger lots actually have less buildable area.
39 Commissioner Koehler thanked Mr. Lazan for calling out the difference.
40
41 Acting Chairperson Nemeth summarized the previous comments made by the
42 Commissioners.
43
44 Mr. Lazan stated that they could break out what is buildable and not buildable for each of
45 the lots.
Regular Andover Planning and Zoning Commission Meeting
Minutes — May 10, 2015
Page 10
2 Motion by Sims, seconded by Koehler, to close the public hearing at 8:49 p.m. Motion
3 carried on a 5 -ayes, 0 -nays, 2 -absent (Daninger and Hudson) vote.
4
5 City Planner Hanson stated that this item would be before the Council at the June 7, 2016
6 City Council meeting.
7
8 OTHER BUSINESS.
9
10 Mr. Carlberg updated the Planning Commission on related items.
11
12 There is now dirt moving on the Re/Max Results building site. This is a 2 story office
13 building that will be completed this summer. The Shoppes @ Andover had its permit
14 issued the day previous to the meeting. It will be a 13,000 square foot retail center with
15 restaurants and one tenant will have a drive-through feature. There are no
16 announcements about the proposed tenants for the building as of yet. Andover Animal
17 Hospital has had their site plan review with staff and they will be working with the Coon
is Creek Watershed District to secure their permit from them.
19
20 The Andover Family Fun Fest is coming up and the City will have a booth. Mr. Carlberg
21 asked for volunteers to participate. There will be zoning maps available and he will be
22 emailing out a sign-up sheet to the Commissioners. Volunteer slots are for 2 hours each.
23
24 Commissioner Peterson noticed that nothing is progressing at the Clocktower Commons
25 development. Mr. Carlberg stated that nothing has been submitted to date but that the
26 site is being actively marketed.
27
28 Acting Chairperson Nemeth stated that he appreciated the commentary and information
29 given by residents.
30
31 ADJOURNMENT.
32
33 Motion by Koehler, seconded by Cleven, to adjourn the meeting at 8:53 p.m. Motion
34 carried on a 5 -ayes, 0 -nays, 2 -absent (Daninger and Hudson) vote.
35
36
37 Respectfully Submitted,
38
39
40 Marlene White, Recording Secretary.
41 TimeSaver Off Site Secretarial, Inc.
42
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVER MN.GOV
TO: Planning and Zoning Commissioners
FROM: Stephanie L. Hanson, City Planner
SUBJECT: PUBLIC HEARING: Consider city code amendments to the following.-
Title
ollowing:Title 11 Subdivision Regulations to amend the filing time for final plats;
and Title 12 Zoning Regulations Section 12-2-2 add definitions for
Accessory Dwelling Unit, Solar Energy System, and Temporary Family
Health Care Facility; Section 12-8-5 add requirements for Accessory
Dwelling Units; Section 12-12 update permitted, conditional and
prohibited uses. Other city code amendments include Title 9 Building
Regulations to add regulations for Solar Energy Systems and minor
changes to Title 8 Public Ways and Property.
DATE: June 14, 2016
INTRODUCTION
The City Council and the Planning and Zoning Commission have held work sessions to
consider amendments to portions of City Code regarding Accessory Dwelling Units and
Solar Energy Systems. City staff is also proposing minor amendments to ensure
consistency between code titles and sections. Planning and Zoning Commission is
requested to hold a public hearing and discuss proposed city code amendments.
CITY CODE TITLE 8: PUBLIC WAYS AND PROPERTY
CHAPTER 4: PARKS AND RECREATION AREAS
The amendment appoints the City Administrator as the person to approve the removal of
trees on city property and reads as follows:
SECTION 8-4-1: REGULATIONS
8-4-1: REGULATIONS: The use and occupancy of all city parks, recreation
areas, and open space owned, rented and/or leased by and located in the city shall be
subject to the following regulations (Amended Ord. 399, 9-7-10):
M. Protection of Trees: It shall be unlawful to remove, cut or otherwise deface
any tree or ground cover without consent from the Commission and written
approval by the City Administrator peFmissiGn from the riff, Clerk.
CITY CODE TITLE 9: BUILDING REGULATIONS
The City received a request to install a freestanding Solar Energy System on a
residential property. The City does not regulate solar energy systems so the request
prompted city staff to investigate other city's regulations regarding Solar Energy
Systems. Staff conducted work sessions with the City Council and the Planning and
Zoning Commission to discuss Solar Energy System provisions. The proposed
language to be added to City Code reads as follows:
CITY CODE TITLE 9: BUILDING REGULATIONS
CHAPTER 15: SOLAR ENERGY SYSTEMS
SECTION
9-15-1
Purpose and Intent
9-15-2
Definitions
9-15-3
Accessory Use
9-15-4
Exemptions
9-15-5
System Standards
9-15-1: PURPOSE AND INTENT: It is the goal of the city council for Andover to become
a more sustainable community by encouraging activities that conserve energy and result
in less/no pollution output such as alternative energy sources. In accordance with that
goal, the city finds that it is in the public interest to encourage alternative energy systems
that have a positive impact on energv production and conservation while not having an
adverse impact on the community. Therefore, the purposes of this section include:
1. To promote rather than restrict development of alternative energy sources by
removing regulatory barriers and creating a clear regulatory path for approving
alternative energv systems.
2. To create a livable community where development incorporates sustainable design
elements such as resource and energy conservation and use of renewable energy.
3. To protect and enhance air quality, limit the effects of climate change and decrease
use of fossil fuels.
4. To encourage alternative energy development in locations where the technology is
viable and environmental, economic and social impacts can be mitigated.
9-15-2: DEFINITIONS: The following words, terms and phrases shall have the following
meanings when used in this chapter:
ALTERNATIVE ENERGY SYSTEM: An energy transfer of generating system such as
ground source heat pump, wind or solar energy system.
SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the
Primary purpose is to capture sunlight and transform it into thermal, mechanical,
chemical, or electrical energy.
SOLAR ENERGY: Radiant energy received from the sun that can be collected in the
form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial purpose
of which is to provide daylight for interior lighting or provide for the collection storage
and distribution of solar energv for space heating or cooling electricity generation or
water heatinq.
SOLAR ENERGY SYSTEM ACTIVE: A solar energy system whose primary purpose is
to harvest energy by transferring solar energy into another form of energy or transferring
heat from a solar collector to another medium using mechanical, electrical, or chemical
means.
SOLAR ENERGY SYSTEM BUILDING INTEGRATED: A solar energy system that is an
integral part of a principal or accessory building, replacing or substituting for an
architectural or structural component of the building. Building integrated systems include,
but are not limited to photovoltaic or hot water solar enerqv systems that are contained
within or substitute for roofing materials windows, skylights, awnings and shade
devices.
SOLAR ENERGY SYSTEM GROUND MOUNTED: A freestanding solar system
mounted directly to the ground using a rack or pole rather than being mounted on a
building.
SOLAR ENERGY SYSTEM PASSIVE: A system that captures solar light or heat without
transforming it to another form of energy or transferring the energy via a heat exchanger.
SOLAR ENERGY SYSTEM ROOF MOUNTED: A solar energy system mounted directly
or abutting the roof of a principal or accessory building.
SOLAR HOT WATER SYSTEM (Also THERMAL SYSTEM): A system that includes a
solar collector and a heat exchanger that heats or preheats water for building heating
systems or other hot water needs including residential domestic hot water and hot water
for commercial processes.
9-15-3: ACCESSORY USE:
1) Ground mounted solar energv systems shall be allowed in the R-1, Single Family
Rural District as a permitted accessory use in accordance with the standards in
this section.
2) Roof mounted solar energv systems shall be allowed as a permitted accessory
use in all zoning districts in accordance with the standards in this section.
9-15-4: EXEMPTIONS: Passive or building integrated solar energy systems are
exempt from the requirements of this section and shall be regulated as any other
building element.
9-15-5: SYSTEM STANDARDS:
1) Electrical:
a) All utilities shall be installed underground except the electrical lines for roof
mounted units.
b) An exterior utility disconnect switch shall be installed at the electric meter
servina the property.
c) Solar energy systems shall be grounded to protect against natural lightning
strikes in conformance with the national electrical code as adopted by the city.
d) No solar energy system shall be interconnected with a local electrical utility
until the utility has reviewed and provided written approval for the
interconnection. The interconnection of the solar energy system with the utility
shall comply with the City Code and Minnesota State Building Code.
e) All solar energy systems shall meet the standards of the Minnesota State
Building Code.
2) Aesthetics: All solar energy systems shall be designed to blend into the
architecture of the building to the extent possible without negatively impacting the
performance of the system and to minimize glare towards vehicular traffic and
adjacent properties.
3) Glare: The panels of ground mounted solar energy systems shall be placed and
arranged such that reflected solar radiation or glare shall not be directed onto
adjacent buildings, properties or roadways. Prior to the issuance of a permit for a
around mounted solar energv system, the permit applicant must provide an
analysis demonstrating that the ground mounted system will not impact
aesthetics of adjacent properties.
4) Location:
a) Roof mounting:
1) The solar energy system shall comply with the maximum height
requirements of the applicable zoning district. Roof mounted solar
collectors shall be flush mounted on pitched roofs unless the roof pitch is
determined to be inadequate for optimum performance of the solar energv
system in which case the pitch of the solar collector may exceed the pitch
of the roof up to 5% but in no case shall be higher than ten inches above
the roof. Solar collectors on flat roofs may be bracket mounted.
Commercial/Industrial collectors located on flat roofs shall be placed on the
roof to limit the visibility from public right-of-ways and residential properties
and meet the screening requirements of the City Code.
2) The solar energy system shall not extend beyond the perimeter of the
exterior walls of the building on which it is mounted.
b) Ground mounting:
1) The solar energy system shall only be located in the rear yard as defined
by this title.
2) The solar energy system shall be limited to a maximum area of four
hundred (400) square feet.
3) The solar energy system shall not exceed fifteen feet (16) in height.
4) All components of the solar energy system shall be set back a minimum
of ten feet (10') from interior side lot lines and rear lot lines.
5) Solar energy systems shall not encroach upon drainage and utility
easements.
5) Screening: Solar enerav systems shall be screened in accordance with the
requirements of Section 12-13-5 of the City Code to the extent possible without
affecting their function.
6) Certification: The solar energy system shall be listed and labeled by an approved
third party testing agency such as Underwriters Laboratories, Inc., and comply
with the requirements of the Minnesota State Building Code.
7) Abandonment: If the solar energy system remains damaged, nonfunctional or
inoperative for a continuous period of one year, the system shall be deemed to
be abandoned and shall constitute a public nuisance. The owner shall remove
the abandoned system at their expense after a demolition permit has been
obtained. Removal includes the entire structure including transmission
equipment.
8) Building Permit: Permits as required by the Minnesota State Building Code shall
be obtained for any solar energy system prior to installation.
C. Mechanical Equipment:
1. Rooftop mechanical equipment shall be screened from public
streets and residential properties with a cornice, parapet, or other architectural
feature to the fullest extent possible. Any remaining protrusions of rooftop
equipment above these features shall be painted to match the principal structure.
2. Ground mounted mechanical equipment shall be screened from public streets
and residential properties with landscaping or a fence or enclosure that is
architecturally compatible with the principal structure.
CITY CODE TITLE 11: SUBDIVISION REGULATIONS
CHAPTER 2: SUBDIVISION PLATS AND PROCEDURES
City staff proposes to extend the time to which a developer is required to file the final plat
with the Anoka County Recorder's Office. It is common for a developer to not want to
record the final plat to create individual lots until they are ready to build the development.
The proposed language to be added to City Code reads as follows:
SECTION
11-2-3: FINAL PLAT:
C. Recording Final Plat: Following approval of the final plat by the Council, the
Clerk shall promptly notify the subdivider of said approval, and within thiFty (30)
days one (1) year thereafter, the final plat shall be recorded with the County
Recorder. The subdivider shall forthwith furnish the City with a receipt from the
County showing evidence of the recording of the final plat. The subdivider shall
submit a digital copy of the final plat to the City Engineer. Failure of the
subdivider to comply with the requirement of recording shall be cause for
rescission of approval. (Amended 9/18/07, Ord. 355)
CHAPTER 4: REQUIRED IMPROVEMENTS
On April 5, 2016, City Council approved the amendments to City Code Title 9 Building
Regulations. As part of the amendment process, there are minor amendments needed
within the Subdivision Code. Part of Title 9 regulates commercial and residential
driveway standards; therefore the following content will be removed from the Subdivision
Code since it is currently regulated in the building regulations.
SECTION
11-4-8: STREET IMPROVEMENT STANDARDS:
A. With Municipal Sanitary Sewer And/Or Water:
1. Grading: The full width of the right of way of each street shall be graded,
including the sub -grade of the areas to be paved, in accordance with the
standards and specifications which have been approved by the City Council.
(Amended 9/18/07, Ord. 355)
2. Paving: All streets shall be paved with concrete or bituminous surfacing in
accordance with the standards and specifications that have been approved by
the City Council. (Amended 9/18/07, Ord. 355)
3. Erosion Control: The portion of the right-of-way between the street and the
property line shall receive a minimum of four inches (4") of approved topsoil and
shall be sodded or a cash escrow provided prior to issuance of a certificate of
occupancy by the city. (Amended 9/18/07, Ord. 355)
4. Curb And Gutter: Concrete curb and gutter shall be installed on both sides of
the paved surface of all streets. (Amended 9/18/07, Ord. 355)
B. Without Municipal Sanitary Sewer And/Or Water:
1. Grading: The full width of the right-of-way of each street shall be graded,
including the sub -grade, in accordance with the standards and specifications
which have been approved by the City Council. (Amended 9/18/07, Ord. 355)
2. Paving: All streets shall be paved with concrete or bituminous surfacing in
accordance with the standards and specifications that have been approved by
the City Council. (Amended 9/18/07, Ord. 355)
3. Erosion Control': The portion of the right-of-way between the street and the
property line shall receive a minimum of four inches (4") of approved topsoil and
shall be sodded or seeded with the appropriate seed mixture and application
rate, mulched, and the mulch disc anchored as required in the city standards.
(Amended 9/18/07, Ord. 355)
line:
CITY CODE TITLE 12: ZONING REGULATIONS
CHAPTER 2: RULES AND DEFINITIONS
City staff is proposing to add language within the zoning code regarding Accessory
Dwelling Units, Solar Energy Systems, and Temporary Family Health Care Facilities;
therefore each will need to be defined. The definitions are proposed as follows:
SECTION:
12- 2-2 DEFINITIONS: The following words and terms, whenever they occur in this title,
are defined as follows:
ACCESSORY DWELLING UNIT (ADU): A subordinate habitable dwelling unit, which
has its own basic requirements of shelter, heating, cooking, and sanitation, accessory to
a single-family dwelling (hereinafter principal dwelling unit).
SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial purpose
of which is to provide daylight for interior lighting or provide for the collection, storage
and distribution of solar energy for space heating or cooling, electricity generation or
water heating.
TEMPORARY FAMILY HEALTH CARE FACILITY: A mobile residential dwelling
providing an environment facilitating a caregiver's provision of care for a mentally and
Physically impaired person.
CHAPTER 4: GENERAL ZONING PROVISIONS
On May 12, 2016, Governor Dayton signed into law to permit certain types of
recreational vehicles and small portable homes as temporary family dwellings to provide
transitional housing for seniors or for anyone who needs assistance with two or more
"instrumental activities of daily life" for mental or physical reasons eligible to be housed
in this manner.
Local governments may opt out of the program if it is determined that these types of
temporary dwellings are not well-suited for the community. This is done by passing an
ordinance specifically opting out. City staff believes there are other options such as
Accessory Dwelling Units in the R1 — Single Family Rural residential districts and
modifications to existing homes that serve the purpose for residents to provide housing
needs for additional family members. The opt out language reads as follows:
SECTION:
12-4-6: CERTAIN DWELLING UNITS:
A. Certain Structures As Dwelling Units Prohibited: No cellar, garage, tent, travel
trailer, basement with unfinished structure above, or accessory building shall at
any time be used as a dwelling unit.
B. Manufactured Homes Required To Be In Parks: Manufactured homes shall be
located in a manufactured home park approved by the city and the state, except
as otherwise permitted by ordinance 3. (Amended Ord. 8, 10-21-1970)
C. Temporary Family Health Care Dwellings: Pursuant to authority granted by
Minnesota Statutes Section 462.3593 subdivision 9, the City of Andover opts -
out of the requirements of Minn. Stat.462.3593, which defines and regulates
Temporary Family Health Care Dwellings.
CHAPTER 8: REQUIREMENTS FOR SPECIFIC CONDITIONAL USES
The City of Andover operates under the requirements of the Minnesota State Building
Code; therefore the minor change to the following section acknowledges the Minnesota
State Building Code and reads as follows:
SECTION:
12-8-4: AUTOMOBILE SERVICE STATION
The regulation of automobile service stations strives to achieve compatibility of these
stations with adjacent and abutting land uses. In addition, such regulation is intended to
protect the public health, safety and general welfare by mitigating and potentially
detrimental aspects of automobile service stations, including potential traffic hazards,
noise, light glare at night, outdoor storage of merchandise, indiscriminate advertising,
environmental health hazards, and the like. Automobile service stations shall be subject
to the following:
A. All new buildings, the site, tanks, piping and dispensing stations, shall comply
with the current provisions of the Minnesota State
Building Code, Minnesota State Fire Code, and all provisions related to
underground liquid storage systems required in Section 12-8-2 of this code.
(Amended Ord. 438, 6-3-14)
CHAPTER 8: REQUIREMENTS FOR SPECIFIC CONDITIONAL USES
Through numerous work sessions, City Council and the Planning and Zoning
Commission have worked with City Staff to amend city code to allow Accessory Dwelling
Units. The proposed language reads as follows:
SECTION:
12-8-5: ACCESSORY DWELLING UNIT (ADU)
A. Purpose. The purpose of this subdivision is to permit and requlate_an
accessory dwelling unit (ADU). An ADU may be located accessory to a single-
family dwelling in the R-1, Single Family Rural zoning district only as a
conditional use subject to the regulations set forth herein. The minimum lot
size in the R-1 zoning district ensures that additional housing will have less
impact on neighboring properties. Because this use will be located in
established one -family residential districts (single family home neighborhoods),
the installation and use of an accessory dwelling unit must be strictly controlled
to avoid adverse physical, social, economic, environmental and aesthetic
impacts. By allowing only those accessory dwelling units that are in
compliance with all of the performance standards of this subdivision, the
character and quality of existing neighborhoods will be protected.
B. Performance standards, No property within a single-family residential district
shall have more than one dwelling unit, except an ADU may be permitted as
conditional use to a single family dwelling when all of the following
requirements are met:
The primary residence must be located on a lot within an R-1 Single Family
Rural zoning district.
2. The property owner must reside in either the primary residence or the ADU as
their permanent residence according to state law.
3. An ADU may not be subdivided or otherwise segregated in ownership from
the primary residence structure.
4. An ADU's total floor area shall be no more than 900 square feet and not less
than 400 square feet.
The ADU shall be separated a minimum of twenty feet (20') from the primary
residence.
6. The ADU shall meet the setback requirements for an accessory structure as
specified in the City Code.
An ADU shall be designed and maintained as to be consistent with the
architectural design, style, appearance and character of the primary
residence as a single-family residence. An ADU shall not extend beyond the
height of the primary residence.
Two off-street parking spaces shall be required for the ADU, in addition to the
off-street parking spaces required for the primary residence. An additional
garage may be constructed, provided it complies with all state and city
regulations.
No more than one ADU shall be permitted on a lot or parcel.
10. An ADU shall have a permanent foundation. Houses on wheels or trailers
shall be prohibited.
11. An ADU shall be constructed and maintained in accordance with all state
laws, state building, plumbing, electrical, mechanical, and fire code
regulations and City Code requirements.
12. The primary residence and ADU shall be constructed and maintained in
compliance with the property maintenance regulations set forth in the City
Code.
13. Rental of the accessory dwelling unit, or rental of the principal dwelling unit if
the property owner resides in the accessory dwelling unit, shall require a City
rental license pursuant to the City Code.
It is unlawful for a property owner to construct or allow occupancy within an ADU
that does not comply with all of the foregoing requirements.
CHAPTER 12 PERMITTED, CONDITIONAL, AND PROHIBITED USES
ENUMERATED
City staff added the following uses to the Land Use table: Accessory Dwelling Units,
Temporary Family Health Care Facility and Solar Energy Systems. The language
reads as follows:
SECTION: 12-12 PERMITTED, CONDITIONAL, AND PROHIBITED USES
ENUMERATED
Chapter 12
RESIDENTIAL
PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES?
P- Permitted Use R-1- Single Family -Rural M-2- Multiple Dwelling
PA- Permitted Accessory Use R-2- Single Family- Estate
C-ConditionalUse SFEFoo1NOM R -3 -Single Family- Suburban
X- Prohibited Use R4- Single Family- Urban
PUD- Planned Unit Development R-5- Manufactured Housing
I -Interim Use M-1- Mukiple Dwelling Low
Density
If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited
Permitted. Permitted Accessory. Conditional. Interim 2nd Prohibited Uses
T_ Zon�ny Mptricts
R-1 R-2 R-3 2 R4 3 R-5 M-1 M-2
�IIlIII�1S
Animal Therapy Facility -on properties larger than five acres in size
C
C
C
X
X
X
X
Commercial animal train 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 54A
C
C
C
C
C
C
C
Dog kennel license - Commercial (minimum 2.5 acre lot size) in compliance
with City Code 54A
C
C
C
C
C
X
X
Domestic animals in compliance with City Code Title 5
PA
PA
PA
PA
PA
PA
PA
Farm animals up to 5 per acre, plus one additional fans animal per acre
above 5 acres on residential properties 5 acres or greater up to a maximum of
20 animals' and definition under City Code 12-2
P
P
P
X
X
X
X
Farm animals greater than allowed as a permitted use on residential properties
5 acres or greater in compliance with City Code Title 58 and definition under
City Code 12-2
C
C
C
X
X
X
X
Feedlots, except Anoka Independent Grain and Feed Inc. which is a permitted
use that predates the adoption of this ordinance.
X
X
X
X
X
X
X
Pleasuretrecreation animals on residential properties at least 2.5 acres in size
in compliance with City Code Title 5 and definition under City Code 12-2
PA
PA
PA
PA
X
X
X
Poultry on residential properties with neither municipal sewer or water in
compliance with City Code Title 5 and definition under City Code 12-2
P
P
P
X
X
X
X
DwelltnQs
Accessory Dwelling Unit (AD UI
C
Manufactured homes and modular homes, provided they are developed under
a planned unit development and the complex is a minimum of twenty (20)
acres in size
X
X
X
X
PUD
X
X
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
X
X
PUD
PUD
Temporary Family Health Care Facility
X
X
X
X
X
X
X
Two-family home conversions (splits) in compliance with City Code 12-8-1
X
X
X
X
X
C
C
Home 0ccu UatlnM
Home occupations within principal structure in compliance with City Code
12-9
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
with City Code 12-9
C
C
C
C
C
C
C
Barbershops and beauty salons
C
C
C
C
C
C
C
Bed and breakfast
C
C
C
C
C
X
7 -
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 CX X X X X X
Code 12-9
Commercial greenhouse C C C X X X 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
P- Permitted Use R-1- Single Family -Rural M-2- Multiple Dwelling
PA- Permitted Accessory Use R-2- Single Family- Estate
C- Conditional Use' srEFoo>Nohs R-3- Single Family- Suburban
X- Prohibited Use R4- Single Family- Urban
PUD- Planned Unit Development R -S- Manufactured Housing
I- Interim Use M-1- Muff ple Dwelling- Low
Density
If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited
Permitted. Permitted Accessory. Conditional, Interim and Prohibited Uges
R-1
7Anina
R-2 R-3 Z
Districts
R-4 a
R-5
M-1
M-2
Daycare Facility -Group Family
P
P
P
P
P
P
P
Farm Wineries (subject to City Code 12-9-12)
C
C
C
X
X
X
X
GroupHomes as regulated by State Statute
P
P
P
P
P
P
P
Office in compliance 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
X
X
Post -secondary 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)
I
I
I
I
I
I
I
Subordinate Classroom Structures (when located on a property where there is
a church as the principal use)
I
I
I
I
I
I
I
Uttltttes
Private utilities (gas, electric, phone, cable, etc) in Complaince with City
Code 8-2
P
P
P
P
P
P
P
Private utility structures and/or uses (electrical transmission lines, gas
pipelines, etc.)
C
C
C
C
C
C
C
Public utility uses for local services
P
P
P
P
P
P
P
Other
Agricultural uses- rural (outside MUSA boundary only)
P
P
P
X
X
I 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 City Code 12-8-5
C
X
X
X
X
X
X
Campgrounds, 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
X
X
Clubs and lodges
C
C
C
C
C
C
C
Crafts and antique businesses in buildings designated as historical sites by a
coup state or nationally recognized historical organization
X
X
X
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 driving ranges
C
C
C
C
C
C
C
Highway construction materials (temporary processing and storage)
I
I
I
I
I
I
I
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
Solar Energy Systems round mounted subject to Cit Code 9-I5
PA
X
X
X
X
X
Solar Energy Systems (roof mounted) subiect to City Code 9-15
PA
PA
PA
PA
PA
PA
PSwimming
JA
pools and recreation areas or structures
PA
PA
PA
PA
PA
PA
P
Uses which may be detrimental to the health, safety, and welfare of persons
X
X
X
X
X
X
residing or working in the vicinity
_X
Wind Energy Conversion Systems (WECS)-as defined in and in compliance
CC
C
C
C
C
C
with Title 9, Chapter 13 of this code. WECS are prohibited on WDE site.
(Amended Ord. 8,10-21-1970; amd. Ord. 8JJJJJJ, 7-18-2002; Ord. 8000000, 8-5-2002; Ord.8000QQQ, 10-1-2002;
Ord. 8RRRRRR, 10-1-
2002; amd. Ord. 8AAAAAAA, 4-15-2003; amd. 2003 Code; amd. Ord. 314 10-4-2005; amd. Ord. 385 7-21-09; amd.
Ord. 388 10-20-09; amd. Ord. 390 3-16-10; amd. Ord. 397 8-17-10; Amd. Ord. 404, 1-18-11; Amd. Ord. 436, 4-15-14
1 Conditional use permits for uses not listed herein shall not be granted except where the city council determines that said
uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used
for the following uses by districts except by conditional use permit and in accordance with the criteria as stated in
subsection 12-15-61) of this title.
2 Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private
system for each forty thousand (40,000) square feet where large lots are established. This shall not apply to lots of
record at the time this title is adopted. On each new plat, the lots are to be developed in accordance with this chapter
and shall be so designated.
3 Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal sewer
and water is not available. (Amended Ord. 314, 10-4-2005)
4 Provided a minimum of twenty five thousand (25,000) square feet of retail floor space is constructed, except as otherwise
approved as part of a
Planned Unit Development.
5 Loading berths prohibited in the LB district.
6 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.
7 See subsection 13-24 of this code for permitted, conditional, and prohibited uses in the AgP district.
8 Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 124-4.
9 Sec 12-2-2 for definitions of "Continuous Operation and Non -continuous Operation". (Amended Ord. 421, 10-2-12)
10 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)
Chapter 12
COMMERCIAL 4DUSTRIAL
PERNU=D, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES?
P -Permitted Use GR-GeaeialReambon
PA-Pemritted Use LB- Limited Business
C- Conditional UseisEzFooNom NB-NeighborhoodBusmess
X- Prohibited Use SC -Shopping Center
PUD -Planned Unit Development GB- General Business
I -Interim Use I- industrial
If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited
Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses
Zoning Districts
GR
LB
NB
SC
GB
I
Auto Related Uses
Automobile service stations in compliance with City Code 12-8-4
X
X
C 6
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 I
X1
X
X1
X
P
Transportation terminals or motor freight terminals
X
X
X
X
X
X
Vehicle sales (new) in Compliance with City Code 3-8
X
X
X
X
C
C
Vehicle sales (used) in Compliance with City Code 3-8
X
X
X
X
C
C
Liquor
Liquor licenses in compliance with City Code 3-1
C
X
X
C
C
C
Liquor License, On -Sale Wine in compliance with City Code 3-1
X
X
C I
C
C
C
Liquor stores, off -sale in compliance with City 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 beauty salons
X
P
P
P
P
X
Campgrounds, gun clubs and ranges, archery ranges, racetracks
C
X
X
X
X
X
Christmas tree sales
X
I I
I
I
I
I
Commercial recreation, indoors
P
P
P
P
P
P
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 City Code 12-2
X
X
X
X
C
C
Financial institutions
X
P
P
P
P
P
Hotels and motels
X
X
C
C
C
C
Lumberyard
X
X
X
X
X
C
Medical and dental clinics
X
P
P
P
P
P
Medical clinic - continuous operation
X
C
C
C
C
C
Mortuaries and funeral homes without 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
X
X
P
P
P
Rental businesses (Equipment)
X
X
I
I
P
P
Repair services as defined in City Code 12-2
X
P
P
P
P
P
Resorts
C
X
X
X
X
X
Restaurants/cafes
P
C
P
P
P
P
Restaurant with live entertainment
X
X
X
C
C
X
Retail trade and services
X
C
P
P
P
C
Secondhand goods dealers as defined in Title 3, Chapter 4 of this code
X
X
X
C
C
C
Theaters (Indoors)
X
X
X
P
P
P
Theaters (Outdoors)
C
X
X
X
X
X
Veterinary clinics (no outside pens or animal storage)
X
C
C
C
P
P
Other
Solar Energy Systems (around mounted)I
X X
X X
I X
I X
Solar Energy Systems (roof mounte
I PA PA
PA PA
PA
PA
CHAPTER 13 PERFORMANCE STANDARDS
There are instances when commercial and residential construction cannot meet the
requirement to establish ground cover and plantings during the growing season in which
construction is completed ( i.e late fall). The surety may be required to ensure
landscaping is provided the next growing season. The proposed language reads as
follows:
SECTION:
12-13-6: LANDSCAPING OF NONRESIDENTIAL PROPERTIES:
N. Surety. To ensure that landscaping and screening are installed as proposed and
survive through at least one full growing season, a landscape performance surety
may be required by the City and when required must be submitted prior to
issuance of building permits for new development where a landscape plan is
required. The surety may consist of a bond, an irrevocable letter of credit, cash
deposit or other instrument that provides an equal performance guarantee to the
City. (Amended Ord. 314 10-4-2005)
ACTION REQUESTED
The Planning and Zoning Commission is asked to hold a public hearing and provide a
recommendation to the City Council regarding the adoption of the city code amendments
as proposed in the attached ordinance.
Respectful)su fitted,
Stephanie L. Hanson
Attachment
Ordinance No. XX, An Ordinance to Ordain City Code Amendments
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. XX
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN
AS FOLLOWS:
CITY CODE TITLE 8: PUBLIC WAYS AND PROPERTY
CHAPTER 4: PARKS AND RECREATION AREAS
SECTION 8-4-1: REGULATIONS
8-4-1: REGULATIONS: The use and occupancy of all city parks,
recreation areas, and open space owned, rented and/or leased by and located in
the city shall be subject to the following regulations (Amended Ord. 399, 9-7-10):
M. Protection of Trees: It shall be unlawful to remove, cut or otherwise
deface any tree or ground cover without consent from the Commission
and written approval bV the CitV Administrator peFFniSG'0Rfrem the Go
Clerk.
CITY CODE TITLE 9: BUILDING REGULATIONS
CHAPTER 15: SOLAR ENERGY SYSTEMS
1;FrTInN
9-15-1 Purpose and Intent
9-15-2 Definitions
9-15-3 Accessory Use
9-15-4 Exemptions
9-15-5 System Standards
9-15-1: PURPOSE AND INTENT: It is the qoal of the city council for
Andover to become a more sustainable community by encouraging activities that
conserve energV and result in less/no pollution output such as alternative energV
sources. In accordance with that goal the city finds that it is in the public interest
to encourage alternative energV systems that have a positive impact on energy
production and conservation while not having an adverse impact on the
community. Therefore, the purposes of this section include:
1. To promote rather than restrict development of alternative energy sources by
removing regulatory barriers and creating a clear regulatory path for approving
alternative energy systems.
2. To create a livable community where development incorporates sustainable
design elements such as resource and energy conservation and use of
renewable energy.
3. To protect and enhance air quality, limit the effects of climate change and
decrease use of fossil fuels.
4. To encourage alternative energy development in locations where the
technology is viable and environmental, economic and social impacts can be
mitigated.
9-15-2: DEFINITIONS: The following words, terms and phrases shall have
the following meanings when used in this chapter:
ALTERNATIVE ENERGY SYSTEM: An energy transfer of generating system
such as ground source heat pump, wind or solar energy system.
SOLAR COLLECTOR: A device, structure or a part of a device or structure for
which the primary purpose is to capture sunlight and transform it into thermal,
mechanical, chemical, or electrical energv.
SOLAR ENERGY: Radiant energy received from the sun that can be collected in
the form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial
purpose of which is to provide daylight for interior lighting or provide for the
collection storage and distribution of solar energy for space heating or cooling,
electricity generation or water heating.
SOLAR ENERGY SYSTEM, ACTIVE: A solar energy system whose primary
purpose is to harvest energv by transferring solar energy into another form of
energy or transferring heat from a solar collector to another medium using
mechanical, electrical, or chemical means.
SOLAR ENERGY SYSTEM, BUILDING INTEGRATED: A solar energy system
that is an integral part of a principal or accessory building, replacing or
substituting for an architectural or structural component of the building. Building
integrated systems include, but are not limited to, photovoltaic or hot water solar
energy systems that are contained within or substitute for roofing materials,
windows, skylights, awnings and shade devices.
SOLAR ENERGY SYSTEM GROUND MOUNTED: A freestanding solar system
mounted directly to the ground using a rack or pole rather than being mounted on
a building.
SOLAR ENERGY SYSTEM, PASSIVE: A system that captures solar light or heat
without transforming it to another form of energv or transferrinq the energy via a
heat exchanger.
SOLAR ENERGY SYSTEM, ROOF MOUNTED: A solar energy system mounted
directly or abutting the roof of a principal or accessory building.
SOLAR HOT WATER SYSTEM (Also THERMAL SYSTEM): A system that
includes a solar collector and a heat exchanger that heats or preheats water for
building heating systems or other hot water needs, including residential domestic
hot water and hot water for commercial processes.
9-15-3: ACCESSORY USE:
1) Ground mounted solar energy systems shall be allowed in the R-1, Single
Family Rural District as a permitted accessory use in accordance with the
standards in this section.
2) Roof mounted solar energy systems shall be allowed as a permitted
accessory use in all zoning districts in accordance with the standards in
this section.
9-15-4: EXEMPTIONS: Passive or building integrated solar energv
systems are exempt from the requirements of this section and shall be regulated
as any other building element.
9-15-5: SYSTEM STANDARDS:
1) Electrical:
a) All utilities shall be installed underground except the electrical lines for
roof mounted units.
b) An exterior utility disconnect switch shall be installed at the electric
meter serving the property.
c) Solar energy systems shall be grounded to protect against natural
lightning strikes in conformance with the national electrical code as
adopted by the city.
d) No solar energy system shall be interconnected with a local electrical
utility until the utility has reviewed and provided written approval for the
interconnection. The interconnection of the solar energv system with the
utility shall comply with the City Code and Minnesota State Building Code.
e) All solar energy systems shall meet the standards of the Minnesota
State Building Code.
2) Aesthetics: All solar energy systems shall be designed to blend into the
architecture of the building to the extent possible without negatively
impacting the performance of the system and to minimize glare towards
vehicular traffic and adjacent properties.
3) Glare: The panels of ground mounted solar enemy systems shall be
placed and arranged such that reflected solar radiation or glare shall not
be directed onto adjacent buildings, properties or roadways. Prior to the
issuance of a permit for a ground mounted solar energy system, the
permit applicant must provide an analysis demonstrating that the ground
mounted system will not impact aesthetics of adjacent properties.
4) Location:
a) Roof mounting:
1) The solar energy system shall comply with the maximum height
requirements of the applicable zoning district. Roof mounted solar
collectors shall be flush mounted on pitched roofs unless the roof
pitch is determined to be inadequate for optimum performance of the
solar energy system in which case the pitch of the solar collector may
exceed the pitch of the roof up to 5% but in no case shall be higher
than ten inches above the roof. Solar collectors on flat roofs may be
bracket mounted. Commercial/Industrial collectors located on flat
roofs shall be placed on the roof to limit the visibility from public right-
of-ways and residential properties and meet the screening
requirements of the City Code.
2) The solar energy system shall not extend beyond the perimeter of
the exterior walls of the building on which it is mounted.
b) Ground mounting:
1) The solar energy system shall only be located in the rear yard as
defined by this title.
2) The solar energy system shall be limited to a maximum area of
four hundred (400) square feet.
3) The solar energy system shall not exceed fifteen feet (15') in
height.
4) All components of the solar energy system shall be set back a
minimum of ten feet (10') from interior side lot lines and rear lot lines.
5) Solar energy systems shall not encroach upon drainage and utility
easements.
5) Screening: Solar energy systems shall be screened in accordance with
the requirements of Section 12-13-5 of the City Code to the extent
possible without affecting their function.
6) Certification: The solar energy system shall be listed and labeled by an
approved third party testing agency such as Underwriters Laboratories,
Inc., and comply with the requirements of the Minnesota State Building
Code.
7) Abandonment: If the solar energy system remains damaged,
nonfunctional or inoperative for a continuous period of one year, the
system shall be deemed to be abandoned and shall constitute a public
nuisance. The owner shall remove the abandoned system at their
expense after a demolition permit has been obtained. Removal includes
the entire structure including transmission equipment.
8) Building Permit: Permits as required by the Minnesota State Building Code
shall be obtained for any solar energy system prior to installation.
C. Mechanical Equipment:
1. Rooftop mechanical equipment shall be screened from public
streets and residential properties with a cornice, parapet, or other
architectural feature to the fullest extent possible. Any remaining
protrusions of rooftop equipment above these features shall be painted to
match the principal structure.
2. Ground mounted mechanical equipment shall be screened from public
streets and residential properties with landscaping or a fence or enclosure
that is architecturally compatible with the principal structure.
CITY CODE TITLE 11: SUBDIVISION REGULATIONS
CHAPTER 2: SUBDIVISION PLATS AND PROCEDURES
SECTION
11-2-3: FINAL PLAT:
C. Recording Final Plat: Following approval of the final plat by the Council,
the Clerk shall promptly notify the subdivider of said approval, and within
thirty (30) days one (1) year thereafter, the final plat shall be recorded
with the County Recorder. The subdivider shall forthwith furnish the City
with a receipt from the County showing evidence of the recording of the
final plat. The subdivider shall submit a digital copy of the final plat to the
City Engineer. Failure of the subdivider to comply with the requirement of
recording shall be cause for rescission of approval. (Amended 9/18/07,
Ord. 355)
11-4-8: STREET IMPROVEMENT STANDARDS:
A. With Municipal Sanitary Sewer And/Or Water:
1. Grading: The full width of the right of way of each street shall be
graded, including the sub -grade of the areas to be paved, in accordance
with the standards and specifications which have been approved by the
City Council. (Amended 9/18/07, Ord. 355)
2. Paving: All streets shall be paved with concrete or bituminous surfacing
in accordance with the standards and specifications that have been
approved by the City Council. (Amended 9/18/07, Ord. 355)
3. Erosion Control: The portion of the right-of-way between the street and
the property line shall receive a minimum of four inches (4") of approved
topsoil and shall be sodded or a cash escrow provided prior to issuance of
a certificate of occupancy by the city. (Amended 9/18/07, Ord. 355)
4. Curb And Gutter: Concrete curb and gutter shall be installed on both
sides of the paved surface of all streets. (Amended 9/18/07, Ord. 355)
B. Without Municipal Sanitary Sewer And/Or Water:
1. Grading: The full width of the right-of-way of each street shall be
graded, including the sub -grade, in accordance with the standards and
specifications which have been approved by the City Council. (Amended
9/18/07, Ord. 355)
2. Paving: All streets shall be paved with concrete or bituminous surfacing
in accordance with the standards and specifications that have been
approved by the City Council. (Amended 9/18/07, Ord. 355)
3. Erosion Control': The portion of the right-of-way between the street and
the property line shall receive a minimum of four inches (4") of approved
topsoil and shall be sodded or seeded with the appropriate seed mixture
and application rate, mulched, and the mulch disc anchored as required in
the city standards. (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:
ACCESSORY DWELLING UNIT (ADU): A subordinate habitable dwelling unit,
which has its own basic requirements of shelter, heating, cooking, and sanitation,
accessory to a single-family dwelling (hereinafter principal dwelling unit).
SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial
purpose of which is to provide daylight for interior lighting or provide for the
collection storage and distribution of solar energy for space heating or cooling,
electricity generation or water heating.
TEMPORARY FAMILY HEALTH CARE FACILITY: A mobile residential dwelling
providing an environment facilitating a caregiver's provision of care for a mentally
and physically impaired person.
CHAPTER 4: GENERAL ZONING PROVISIONS
SECTION:
12-4-6: CERTAIN DWELLING UNITS:
A. Certain Structures As Dwelling Units Prohibited: No cellar, garage, tent,
travel trailer, basement with unfinished structure above, or accessory
building shall at any time be used as a dwelling unit.
B. Manufactured Homes Required To Be In Parks: Manufactured homes
shall be located in a manufactured home park approved by the city and
the state, except as otherwise permitted by ordinance3. (Amended Ord. 8,
10-21-1970)
C. Temporary Family Health Care Dwellings: Pursuant to authority granted
by Minnesota Statutes, Section 462.3593, subdivision 9, the City of
Andover opts -out of the requirements of Minn. Stat.462.3593, which
defines and regulates Temporary Family Health Care Dwellings.
CHAPTER 8: REQUIREMENTS FOR SPECIFIC CONDITIONAL USES
SECTION:
12-8-4: AUTOMOBILE SERVICE STATION
The regulation of automobile service stations strives to achieve compatibility of
these stations with adjacent and abutting land uses. In addition, such regulation
is intended to protect the public health, safety and general welfare by mitigating
and potentially detrimental aspects of automobile service stations, including
potential traffic hazards, noise, light glare at night, outdoor storage of
merchandise, indiscriminate advertising, environmental health hazards, and the
like. Automobile service stations shall be subject to the following:
A. All new buildings, the site, tanks, piping and dispensing stations, shall
comply with the current provisions of the international Building Code
Minnesota State Buildinq Code, Minnesota State Fire Code, and all
provisions related to underground liquid storage systems required in
Section 12-8-2 of this code. (Amended Ord. 438, 6-3-14)
SECTION:
12-8-5: ACCESSORY DWELLING UNIT (ADU)
A. Purpose. The purpose of this subdivision is to permit and regulate an
accessory dwelling unit (ADU). An ADU may be located accessory to a
single-family dwelling in the R-1, Single Family Rural zoning district only
as a conditional use subject to the regulations set forth herein. The
minimum lot size in the R-1 zoning district ensures that additional
housing will have less impact on neighboring properties. Because this
use will be located in established one -family residential districts (single
family home neighborhoods) the installation and use of an accessory
dwelling unit must be strictly controlled to avoid adverse physical, social,
economic, environmental and aesthetic impacts. By allowing only those
accessory dwelling units that are in compliance with all of the
performance standards of this subdivision, the character and quality of
existing neighborhoods will be protected.
B. Performance standards. No property within a single-family residential
district shall have more than one dwelling unit, except an ADU may be
permitted as conditional use to a single family dwelling when all of the
following requirements are met:
The primary residence must be located on a lot within an R-1, Single
Family Rural zoning district.
The property owner must reside in either the primary residence or the
ADU as their permanent residence according to state law.
3. An ADU may not be subdivided or otherwise segregated in ownership
from the primary residence structure.
4. An ADU's total floor area shall be no more than 900 square feet and not
less than 400 square feet.
5.. The ADU shall be separated a minimum of twenty feet (20') from the
primary residence.
6. The ADU shall meet the setback requirements for an accessory
structure as specified in the City Code.
7. An ADU shall be designed and maintained as to be consistent with the
architectural design, style, appearance and character of the primary
residence as a single-family residence. An ADU shall not extend
beyond the height of the primary residence.
8. Two off-street parking spaces shall be required for the ADU, in addition
to the off-street parking spaces required for the primary residence. An
additional garage may be constructed, provided it complies with all
state and city regulations.
9. No more than one ADU shall be permitted on a lot or parcel.
10. An ADU shall have a permanent foundation. Houses on wheels or
trailers shall be prohibited.
11. An ADU shall be constructed and maintained in accordance with all
state laws state building, plumbing, electrical, mechanical, and fire
code regulations and City Code requirements.
12. The primary residence and ADU shall be constructed and maintained
in compliance with the property maintenance regulations set forth in the
City Code.
13. Rental of the accessory dwelling unit, or rental of the principal dwelling
unit if the property owner resides in the accessory dwelling unit, shall
require a City rental license pursuant to the City Code.
It is unlawful for a property owner to construct or allow occupancy within an
ADU that does not comply with all of the foregoing requirements.
SECTION: 12-12 PERMITTED, CONDITIONAL, AND PROHIBITED USES
ENUMERATED
Chapter 12
RESIDENTIAL
PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USESr
If
Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited
Permmtted, Permitted Accessory, Condotional. Tnterint and Prohibited Uses
Zoninfr 11i,frict.%
R-1 R-2 R-3 Z R-4' R-5 M-1 M-2
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
C
C
C
C
C
C
C
compliance with City Code 5-1A
Dog kennel license - Commercial (minimum 2.5 acre lot size) in compliance
C
C
C
C
C
X
X
with City Code 5-1A
Domestic animals in compliance with City Code Title 5
PA
PA
PA
PA
PA
PA
PA
Farm animals up to 5 per acre, plus one additional farm animal per acre
above 5 acres on residential properties 5 acres or greater up to a maximum of
p
p
P
X
X
X
X
20 animalse and definition under City Code 12-2
Farm animals greater than allowed as a permitted use on residential properties
5 acres or greater in compliance with City Code Title 5s and definition under
C
C
C
X
X
X
X
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.
Pleasuretrecreation animals on residential properties at least 2.5 acres in size
PA
PA
PA
PA
X
X
X
in compliance with City Code Title 5 and definition under City Code 12-2
Poultry on residential properties with neither municipal sewer or water in
p
P
P
X
X
X
X
compliance with City Code Title 5 and definition under City Code 12-2
Dwellings
Accessory Dwelling Unit (ADU)
X
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
X
X
PUD
PUD
Temporary Family Health Care Facility
X_
X
X
X
X
X
X
Two-family home conversions (splits) in compliance with City Code 12-8-1
X
X
X
X
X
C
C
Home Occupations
Home occupations within principal' structure in compliance with City Code
PA
PA
PA
PA
PA
PA
PA
12-9
Home occupations in accessory structure on a parcel of land three (3) acres or
larger utiliinino an accessory structure and/or exterior storage in compliance
C
C
C
C
C
C
C
with City Code 12-9
Barbershops and beauty salons
C
C
C
C
C
C
C
Bed and breakfast
C
C
C
C
C
X
X
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 X X X 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
PA- Permitted Accessory Use R-2- Single Family- Estate
IC -Conditional Use' sFEFoMors R-3- Single Family- Suburban
IPUD- Planned Unit Develonment IR -5- Manufactured Housme I I I
Low
Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited
Permitted. Pe rn*tted Accessory. Conditional. Interim and Prohibited Uses
7Aninp
R-1 R-2 R-3 1
Districts
R4 3
R-5
M -i
M-2
Daycare Facility -Group Family
P P
P
P
P
P
P
Farm Wineries (subject to City Code 12-9-12)
C C
C
X
X
X
X
Group Homes as regulated by State Statute
P P
P
P
P
P
P
Office in compliance 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
X
X
Post -secondary 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)
I I
I
I
I
I
I
Subordinate Classroom Structures (when located on a property where there is
a church as the principal use)
I I
I
I
I
I
I
Uttltttes
Private utilities (gas, electric, phone, cable, etc) in Complaince with City .
Code 8-2
P P
P
P
P
P
P
Private utility structures and/or uses (electrical transmission lines, gas
pipelines, etc.)
C C
C
C
C
C
C
Public utility uses for local services
P P
P
P
P
P
P
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 City Code 12-8-5
C X
X
X
X
X
X
Campgrounds, 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
X
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 recomized historical orizanization
X X
X
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 driving ranges
C C
C
C
C
C
C
Highway construction materials (temporary processing and storage)
I I
I
I
I
I
I
Marinas
C C
C
CIPA
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
Solar Ener Systems (mound mounted subject to Ci Code 9-15 A. X
X
X
X
X X
Solar Energy Systems (roof mounted) subiect to City Code 9-15 PA PA PA PA PA PASwimming
ools and recreation areas or structures PA PA PA PA A PA PA
Uses which may be detrimental to the health, safety, and welfare of persons
X
X
X
X
X
X
X
residing or working in the vicinity
Wind Energy Conversion Systems (WECS)-as defined in and in compliance
C
C
C
C
C
C
C
with Title 9, Chapter 13 of this code. WECS are prohibited on WDE site.
(Amended Ord. 8, 10-21-1970; amd. Ord. 8JJJJJJ, 7-18-2002; Ord. 8000000, 8-5-2002; Ord.8000QQQ, 10-1-2002;
Ord. 8RRRRRR, 10-1-
2002; amd. Ord. 8AAAAAAA, 4-15-2003; amd. 2003 Code; amd. Ord. 314 104-2005; 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; Amd. Ord. 436, 4-15-14
1 Conditional use permits for uses not listed herein shall not be granted except where the city council determines that said
uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used
for the following uses by districts except by conditional use permit and in accordance with the criteria as stated in
subsection 12-15-61) of this title.
2 Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private
system for each forty thousand (40,000) square feet where large lots are established. This shall not apply to lots of
record at the time this title is adopted. On each new plat, the lots are to be developed in accordance with this chapter
and shall be so designated.
3 Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal sewer
and water is not available. (Amended Ord. 314, 10-4-2005)
4 Provided a minimum of twenty five thousand (25,000) square feet of retail floor space is constructed, except as otherwise
approved as part of a
Planned Unit Development.
5 Loading berths prohibited in the LB district.
6 After a min;mn.n of two thousand (2,000) square feet of retail floor space is constructed, provided the site is two (2) acres
or larger.
7 See subsection 13-2-4 of this code for permitted, conditional, and prohibited uses in the AgP district.
8 Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 1211-4.
9 Sec 12-2-2 for definitions of "Continuous Operation and Non -continuous Operation". (Amended Ord. 421, 10-2-12)
10 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)
Chapter 12
COMMERCIALOMUSTRM L
PERNII=D, PERNIITTED ACCESSORY, CONDTPIONAL, INTERIM AND PROHIBITED USES?
P-PamittedUse GR- General Recreation
PA PernuiredAwessoryUse JL&Iimit Business
C- Conditional Useisesroamorns NB-NeighborhoodBusiness
X- Prohibited Use SC- Shopping Center
PUD -Planned Unit Development GB- General Business
I -Interim Use I -Industrial
If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited
Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses
Zoning Districts
GR
LB
NB
SC
GB
I
Auto Related Uses
Automobile service stations in compliance with City Code 12-8-4
X
X
C61
C °
C
C
Car wash (automated)
X I
X
xi
C1
X
X
Car wash (self service)
X I
X
X1
X1
P
P
Car wash, accessory to automobile service station
X
X
X
P
P
P
School bus terminal
-XI
X
X1
X1
X1
P
Transportation terminals or motor freight terminals
X1
X1
X1
X
X
X
Vehicle sales (new) in Compliance with City Code 3-8
X I
X1
X1
X1
C1
C
Vehicle sales (used) in Compliance with City Code 3-8
X
X
X
X
C
C
Li uor
Liquor licenses in compliance with City Code 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 City 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
I X I
X1
X1
X1
C
C
Barbershops and beauty salons
X
P
P
P
P
I X
Campgrounds, gun clubs and ranges, archery ranges, racetracks
C
X
X
X
X
X
Christmas tree sales
X
I
I
I
I
I
Commercial recreation, indoors
P
P
P I
P I
P1
P
Commercial recreation outdoors
C
C
C
C I
C1
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 City Code 12-2
X
X
X
X
C
C
Financial institutions
X
P
P
P
P
P
Hotels and motels
X
X
C
C
C
C
Lumberyard
X
X
X
X
X
C
Medical and dental clinics
X
P
P
P
P
P
Medical clinic - continuous operation
X
C
C
C
C
C
Mortuaries and funeral homes without 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
X
X
P
P
P
Rental businesses (Equipment)
X
X
I
I
P
P
Repair services as defined in City Code 12-2
X
P
P
P
P
P
Resorts
C
X
X
X
X
X
Restaurants/cafes
P
C
P
P
P
P
Restaurant with live entertainment
X
X X
C
C
X
Retail trade and services
X
C
P
P
P
C
Secondhand goods dealers as defined in Title 3, Chapter 4 of this code
X X X
C
C
C
Theaters doors
X X X
P
P
P
Theaters (Outdoors)
C X X X X
X
Veterinary clinics (no outside pens or animal storage) I
X1 C I C C
P
P
Other
Solar Energy Systems (ground mounted)
X X
_X
X
X
X
Solar Energy Systems (roof mounted)
PA PA
PA
PA
PA
PA
SECTION:
12-13-6: LANDSCAPING OF NONRESIDENTIAL PROPERTIES:
N. Surety. To ensure that landscaping and screening are installed as
proposed and survive through at least one full growing season, a
landscape performance surety may be required by the City and when
required must be submitted prior to issuance of building permits for new
development where a landscape plan is required. The surety may consist
of a bond, an irrevocable letter of credit, cash deposit or other instrument
that provides an equal performance guarantee to the City. (Amended Ord.
314 10-4-2005)
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 this day of
2016.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, City Clerk Julie Trude, Mayor