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HomeMy WebLinkAbout03.13.186wil�mp , . 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda March 13, 2018 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Pledge of Allegiance 3. Oath of Office — Reappointed Commissioner Nemeth 4. Approval of Minutes — February 13, 2018 Work Session and Regular Meeting 5. Public Hearing — Variance —195 Constance Blvd. NW —Jason Schraut 6. Public Hearing — Planned Unit Development Amendment — Clocktower Commons —15216 Bluebird St. NW 7. Public Hearing— Sketch Plan/Planned Unit Development— Estates at Cedar Ridge —16474 Hanson Blvd. NW 8. Public Hearing — Preliminary Plat — Winslow Cove — Outlot A, Winslow Woods 2"a Addition 9. Public Hearing — City Code Amendments — Title 12 Zoning Regulations 10. Other Business 11. Adjournment 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: Swearing In of Appointed Commissioner Nemeth DATE: March 13, 2018 Commissioner Nemeth has been reappointed as a Planning and Zoning Commissioner. He will take an Oath of Office. The Commissioners' term will end on January 1, 2021. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: Approval of Minutes — February 13, 2018 Work Session and Regular Meeting Minutes DATE: March 13, 2018 REQUEST The Planning and Zoning Commission is requested to approve the work session and regular meeting minutes from February 13, 2018. PLANNING AND ZONING COMMISSION WORKSHOP MEETING FEBRUARYI3, 2018 The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on February 13, 2018, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Scott Hudson, Bert Koehler IV, Nick Loehlein, and Jeff Sims. Commissioners absent: Timothy Cleven, Kyle Nemeth Also present: City Planner Stephanie Hanson Associate Planner Dan Krumwiede Others APPOINTMENT OF CHAIRPERSON AND VICE CHAIR PERSON Chairperson Daninger nominated Nemeth for the position of Planning Commission Chair for 2018. Motion by Daninger, seconded by Sims, to appoint Nemeth as Planning Commission Chair for 2018. Motion carried on a 5 -ayes, 0 -nays, 2 -absent (Cleven, Nemeth) vote. Chairperson Daninger nominated Koehler IV for the position of Planning Commission Vice Chair for 2018. Motion by Daninger, seconded by Sims, to appoint Koehler IV as Planning Commission Vice Chair for 2018. Motion carried on a 4 -ayes, 0 -nays, 1- present (Koehler IV), 2 - absent (Cleven, Nemeth) vote. DISCUSSION. Conditiondl Use Permit —Commercial Kennel — 312116111 Avenue NW Mr. Krumwiede presented the request of Jessica and Billy Evers for a Conditional Use permit (CUP) to operate a commercial kennel at 3121 101 Avenue NW, an existing building they intend to purchase. A commercial kennel can be allowed as a CUP in the Andover Planning and Zoning Commission Workshop Meeting Minutes — February 13, 2018 Page 2 General Business District. The approximate 5 -acre parcel is located just to the north of 161" Avenue and east of Round Lake Boulevard. The building space to host the dog boarding is approximately 5,600 square feet. Indoor and outdoor space will be utilized. Outdoor space would be fenced in by a 6 -foot chain link fence with black privacy screening. The applicant would like to install a 7 -foot fence; however, a variance would be required, and the applicants are aware of that. Full service grooming, some retail, dog daycare, and overnight boarding will all be offered. Mr. Krumwiede noted the applicants have another Muddy Paws Daycare currently located in Columbus, Minnesota. This would be a second location. After discussion with the City Administrator of Columbus, she mentioned that Columbus has not received any complaints from residents and they have been a positive addition to the community. The IUP they received in Columbus is good through May, 2022. The applicant plans to purchase the property in Andover and close on March 20, 2018. Acting Chairperson Koehler reviewed the staff report with the Commission. He noted the applicants have the same type of business in another city and have not had any complaints. Mr. Krumwiede noted the other business is in Columbus, Minnesota and they will be looking to replicate similar colors in Andover and a similar fence style which is chain link with privacy inserts. Commissioner Loehlein asked if the applicant will be utilizing the current building or will they be tearing it down and replacing it. Mr. Krumwiede indicated they will be utilizing the current building by refurbishing it. Commissioner Hudson wondered if there will be anyone that will stay there overnight. Acting Chairperson Koehler stated there is something in the packet about there being someone onsite throughout the day but there was no reference to overnight, so he assumed there would not be someone there overnight. Commissioner Sims asked if the dogs will be kenneled inside overnight. Acting Chairperson Koehler stated it was noted in the report that all the dogs would be inside at night. Commissioner Sims thought there would not be any disturbance than for the neighbors. Acting Chairperson Koehler stated there would not be any pickup after hours, but he did not know about dogs staying inside from 7:00 p.m. until 7:00 a.m. Monday through Friday. He wondered if they were letting the dogs out at night and what those hours would be. Commissioner Loehlein stated the place where he boards their dog has a setup where the kennel is designed to allow for defecation, so he thought this may be the same. Acting Chairperson Koehler stated there was a question about barking dogs and he wondered what the ordinance was regarding this. Ms. Hanson reviewed the City Statute with the Commission. Andover Planning and Zoning Commission Workshop Meeting Minutes —February 13, 2018 Page 3 Commissioner Sims asked if there was any distinction in the Ordinance for businesses with dogs versus personal dogs in terms of different rules. Mr. Krumwiede stated there is a distinction between a private and a commercial kennel. Ms. Hanson stated regarding noise there is no distinction. Commissioner Daninger stated this property has always been a hard property for business because of their standards to upgrade. He stated he was not opposed to this, but he did not know how quiet it will be with a fence surrounding it. Acting Chairperson Koehler stated he liked the idea of a taller fence due to dogs possibly scaling it. He wondered if anyone had an issue with the hours. Commissioner Daninger stated he did not have an issue with the hours being in the location they are proposing. Commissioner Sims indicated he did not think there were any homes around the proposed business. Acting Chairperson Koehler noted there are some residences to the east. He indicated he did not have an issue with it. Commissioner Sims asked if there will be boarding after hours or is it strictly a day care. Mr. Krumwiede indicated there will be overnight boarding and they will have security cameras and monitoring to see activity going on there. Commissioner Loehlein asked if this was an animal shelter by the spirit of the code. Mr. Krumwiede stated this would fall under the commercial kennel aspect of it because it is a business. He would have to look at the specifics of the code. Commissioner Sims thought this was the same type of set up as Dover Kennels. DISCUSSION. • Preliminary Plat —Shaw's Glen 2"d Addition —19501571 Lane NW City Planner Hanson presented the request of MT Carpenter Landscape, Inc. for Shaw's Glen Second Addition, a Preliminary Plat containing five urban lots. She noted the Andover Review Committee has reviewed this Preliminary Plat, finding all staff comments have been satisfactorily addressed by the developer. However, staff is recommending the original home be removed. The new construction will fit the character of the neighborhood. Acting Chairperson Koehler did not think there was anything out of the ordinary for this. Everything seemed to be cut and dry with this development. He stated he did not have an issue when he went through this. Ms. Hanson stated this was ghost platting in 2006 and the City knew it was coming. She noted she received a few emails from residents that were concerned because they heard it was purchased by the City and was going to be turned into townhomes but once she let them know what was going on they did not have any issues with it. Andover Planning and Zoning Commission Workshop Meeting Minutes — February 13, 2018 Page 4 Acting Chairperson Koehler stated there are some buildings on the property which are slated to be removed. Ms. Hanson stated these will not necessarily be removed, it will be up to the developer and association if they want the buildings removed. Commissioner Hudson asked if this subdivision will be a part of the townhome association. Ms. Hanson indicated it would not. Commissioner Daninger asked where the nearest park or playground is. He noticed trails but not anything else. Ms. Hanson showed on the sketch where the playground is located. Ms. Hanson indicated the only building that will be removed is between lots 4 and 5. The building on the lot line between lots 3 and 4, the existing garage will be moved to lot 3 and they plan on keeping the existing house. Commissioner Loehlein thought it will look strange to have the house on lot 3 so far back on the lot. Ms. Hanson indicated staff is recommending the house be removed so it stays within character of the neighborhood, but the City cannot enforce the removal of it. Acting Chairperson Koehler stated if the house on lot 3 does remain the porch and deck seem to be encroaching and will need to be removed. Ms. Hanson stated staff will be recommending the Planning Commission to recommend to the City Council not to grant variances to keep the deck and porch. Acting Chairperson Koehler asked if the variances were before them tonight. Ms. Hanson indicated they were not. DISCUSSION. Sketch Plan —Andover Farms — 71h Avenue NW & 165" Avenue NW City Planner Hanson presented the request of Metrowide Development, LLC for Sketch Plan/Planned Unit Development (PUD) review of Andover Farms, a single-family planned unit rural residential development. She explained a PUD Sketch Plan is used to provide feedback to the developer through Andover Review Committee (ARC), Planning and Zoning Commission, Park and Recreation Commission, and City Council. The purpose of a PUD is to encourage more efficient allocation of density and intensity of land use where such arrangement is desirable and feasible by providing the means for greater creativity and flexibility in environmental design than provided under the strict application of this Code. It must be demonstrated to the satisfaction of the City Council that a higher quality development will result than could be otherwise achieved through strict application of this Code. Ms. Hanson stated she has had a lot of people calling her on this regarding not having enough time notification of the public hearing and not receiving notification of the public hearing. She reviewed the City Code regarding notification of Public Hearing with the Commission. Andover Planning and Zoning Commission Workshop Meeting Minutes — February 13, 2018 Page 5 Ms. Hanson stated there was concern with traffic on the County Roads. There will be improvements done on Valley Drive by the developer. Another concern is with the number of lots in the development. They will be focusing on phase one of the development. She noted many of the lots are 1 to 1.6 acres. Gross density of this area is 2.5 acres and using that calculation you would get 23 lots and they are asking for 29 lots. Acting Chairperson Koehler stated there were a lot of things in review that sent up red flags for him. Everything from the lot size to the setback. He stated another concern was that it was noted a homeowners' association would be set up and with past issues of associations disbanding and not getting things done that were supposed to get done was another red flag for him. Ms. Hanson noted she just got a new write up and what they were planning at first was having small lots with wetlands and open space where they were going to do a homeowners' association which staff indicated would not work. This would be a good question for the applicant. It was staffs understanding that there will not be open space with the new lot line designation so there will not be a need for a homeowners' association. Ms. Hanson stated the developer is also considering a regular road rather than a split road with the islands in the middle. Acting Chairperson Koehler asked if the only way into this development was from 168"n Ms. Hanson stated it was at this time. She stated there is also discussion with the developer on road improvements. Ms. Hanson stated no action is needed on this item at the meeting, this is simply providing the developer feedback and recommendation for them to move forward with the Preliminary Plat. Ms. Hanson stated this land is currently in Agricultural Preserve but will come out of that in April 2018 and will not be rezoned; this is a Comprehensive Plan Amendment. Once the Ag. Preserve is done they need to go in and change the land use, which is Rural Residential, 2.5 acre lots. Acting Chairperson Koehler suggested the Commission keep notes on this item because it will be coming back to them for a Preliminary Plat. OTHER BUSINESS Acting Chairperson Koehler stated there seems to be some concerns by Mr. Berkowitz regarding ribbon curbing. Ms. Hanson stated they want wider ribbon curbing because they are having some issues with the Preserve at Oakview. She noted they will be dealing with it in the spring. Andover Planning and Zoning Commission Workshop Meeting Minutes — February 13, 2018 Page 6 ADJOURNMENT Motion by Daninger, seconded by Loehlein, to adjourn the meeting at 6:51 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. PLANNING AND ZONING COMMISSION MEETING FEBRUARYI3, 2018 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Koehler IV on February 13, 2018, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Dean Daninger, Scott Hudson, Nick Loehlein, and Jeff Sims. Commissioners absent: Timothy Cleven, Kyle Nemeth Also present: City Planner Stephanie Hanson Associate Planner Dan Krumwiede Others PLEDGE OFALLEGIANCE OATH OF OFFICE — REAPPOINTED COMMISSIONER NEMETH AND COMMISSIONER LOEHLEIN Acting Chairperson Koehler IV administered the oath of office to reappointed Planning and Zoning Commissioner Loehlein. APPOINTMENT OF CHAIR PERSONAND VICE CHAIR PERSON Acting Chairperson Koehler IV stated the Planning and Zoning Commission appoints their own Chair and Vice Chair which they appointed in their workshop meeting tonight. He stated Commissioner Nemeth was nominated and appointed as Chairperson of the Commission but is absent. He stated he was nominated and appointed as the Vice - Chairperson of the Commission. APPROVAL OFMINUTES: December 12, 2017Regular Meeting Motion by Daninger, seconded by Loehlein, to approve the minutes as presented. Motion carried on a 3 -ayes, 0 -nays, 2 -present (Hudson and Sims), 2 -absent (Cleven, Nemeth) vote. PUBLICHEARING. Conditional Use Permit— Commercial Kennel— 3121161nAvenueNW. Regular Andover Planning and Zoning Commission Meeting Minutes — February 13, 2018 Page 2 Associate Planner Krumwiede noted the purpose of this item is to hold a public hearing and take input on the Conditional Use Permit (CUP) request for a commercial kennel license. Associate Planner Krumwiede presented the request of Jessica and Billy Evers for a CUP to operate a commercial kennel at 3121 1615 Avenue NW, an existing building they intend to purchase. A commercial kennel can be allowed as a CUP in the General Business District. The approximate 5 -acre parcel is located_ttst to the north of 1615' Avenue and east of Round Lake Boulevard. The bL is approximately 5,600 square feet. Indoor and out( space would be fenced in by a 6 -foot chain link fent applicant would like to install a 7 -foot fence; hove the applicants are aware of that. Full service gr overnight boarding will all be offered. __. Associate Planner Krumwiede noted the currently located in Columbus, discussion with the City Admh not received any complaints fr( community. The IUP they rec( applicant plans to purchase the The Con Hearing. Iinspace to host the dog boarding KSspace will be utilized. Outdoor WR aek privacy screening. The a vaffdLce would be required, and some re dog daycare, and ve mother Muddy ffs Daycare A be'a second location ==After nbLre mentioned that Columbus has they h&s&been a positive addition to the ts_is goodthrough May 2022. The Y-974 pd clos�onMarch 20, 2018. forward to the Public to'op_ep the public hearing at 7:08 p.m. t _(Cleen, Nemeth) vote. essica Eversuddy Patios Doggie Daycare, 733 180`h Lane NE, Ham Lake, ;ame to the pddiiun to answer questions. CommissioneDaninger askT what height of fence the applicant preferred. Ms. Evers indicated she would -like to have a seven -foot fence which would be less likely for a dog to scale than a six-' ferc'Scting Chairperson Koehler IV indicated for that height of fence a variance woil-MIR eeded. Ms. Evers indicated she understood that. Commissioner Loehlein asked if there will be someone overnight to let the dogs out if needed. Ms. Evers stated the last turn out will be 7:00 p.m. and staff will return at 5:30 a.m. No further public input was given. Motion by Sims, seconded by Loehlein, to close the public hearing at 7:11 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent (Cleven, Nemeth) vote. Regular Andover Planning and Zoning Commission Meeting Minutes — February 13, 2018 Page 3 Commissioner Daninger stated the recommendation in the resolution does not state a seven -foot fence and does not specify hours so the person making the motion should add those items. Commissioner Sims asked if the hours were to be added to the resolution would the applicant need to come back for a change to the CUP if they wanted to change their hours. Ms. Hanson stated that was correct, they would need to come back to change the resolution. -=--. Commissioner Daninger stated this is only a re City Council will determine if hours should be Commission wanted hours in the CUP they sh( knows their wishes, Motion by Daninger, seconded by Sims, to=re CUP for a commercial kennel on property lo� hours to line seven of the resolution_ Motion (Cleven, Nemeth) vote. Associate Planner Krumwiede February 20, 2018 City PUBLIC NW. City to the City Council. The )P, but he felt that if the ow, so the City Council nd to City ComMAl roval of a 31211. 1` Avenue=l V, adding on -a 5=ayes, 0 -nays, 2�a13sent the Council at the —195015711 Lane is to hold a public hearing and take Cit —Pruner Hanson pre�nted request of MT Carpenter Landscape, Inc. for Shaw's Glen §Md Addition, f imina pkat containing five urban lots. She noted the Andover 1€�s�iew Committehas reviewed the Preliminary Plat, finding all staff comments ha lzeen satis0% ily addressed by the developer. However, staff is recommendingml��4riginal0 e be removed. The new construction will fit the character of the neighborhoods_. -- Commissioner Loehleiri stated on the existing house on lot 3, will they be compelled to remove the deck and porch. Ms. Hanson stated the deck will need to be removed because they do not meet the setback requirements unless the owner comes in to get a setback variance. Motion by Loehlein, seconded by Daninger, to open the public hearing at 7:20 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent (Cleven, Nemeth) vote. Regular Andover Planning and Zoning Commission Meeting Minutes —February 13, 2018 Page 4 Mr. Andrew Jeska, 2057 157h Lane NW, stated he has a pond in his yard and he wants to make sure there is no adverse effect to the pond across Nightingale with this development. Mr. Jethro Carpenter, 826 Golden Way, Isanti, applicant, came to the podium to answer questions. Commissioner Daninger asked why the applicant wants to� the house there. Mr. Carpenter stated the owner is in poor health and for finar al=reasons he wishes to remain there. The house is in good shape so there is really no reas__on to tear the house down. He thought eventually the house would be removed. Motion by Sims, seconded by Hudson, to claskIe public hearmgat 7:23 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent (Clev�nemeth) vote Acting Chairperson Koehler IV asked if the I✓ng neerin ,Dgpartment has�dgked at the water drainage and the pond. Ms -.Hanson stated=*- ng DepartnO -as reviewed the grading and Commissioner Daninger asked if th Ms. Hanson thought t4e_a plicant wot Daninger stated at_AF OR ---did not Motion by Sims, Y_ - d by the Shaw's Glen SeOodAddi Nemeth) water dr ae will remain on the m with the house. ,n. Commissioner end to the City Council approval of containing five urban lots. against this because he felt the house Hudson, Koehler IV), 2 -absent (Cleven, Motion by Daninh secondmd by Hudson, to recommend to the City Council approval of the Shaw's Glen Second Ate _ on Preliminary Plat containing five urban lots with the added condition to the res=olution the removal of the existing home on Lot 3. Commissioner Loehlein stated he shared the concern regarding the house but from his perspective he was wondering what power they have to compel the owner to remove the home. He wondered if this is something that should be attached to the Plat or will it come back later. Commissioner Daninger stated his motion is to put this as an item on the resolution that the home be removed. Commissioner Sims stated he was going to vote against the motion by Commissioner Daninger because he felt they were overstepping their bounds with requiring the house be Regular Andover Planning and Zoning Commission Meeting Minutes – February 13, 2018 Page 5 removed. Acting Chairperson Koehler IV stated this house will not remain the way it is unless a variance is granted, the porch and deck will need to be removed. Motion carried on a 3 -ayes, 2 -nays (Sims, Loehlein), 2 -absent (Cleven, Nemeth) vote. City Planner Hanson stated that this item would be before the Council at the March 6, 2018 City Council meeting. PUBLIC HEARING: Sketch Plan –Andover Farms 7! Avenue NW & 163'h Avenue NW. =—..._ City Planner Hanson noted the purpose of this item into hold-- public hearing and take input on the proposed Sketch Plan/Plamied UmDevelopment �PT�D) and informally advise the applicant on adjustments to the_ffi ed project to coinim, to local ordinances and review criteria. City Planner Planner Hanson presented the.request of Metzowi&.e=Development, LLC�or Sketch Plan/PUD review of Andover F ft single-famir:k lined unit rural residential development. She explained a Sketch'is used to preside feedback to the developer through Andover Review CommrttRe ARC , lsgtimng and o_ning Commission, Park and Recreation Commission, and City G -unci l purpose aha_PUD is to encourage more efficient allocno �sity anc intensity o�laud use where such arrangement is desirable and feaki;6�e by proxring the marc eater ezeativity and flexibility in environmental deli .than pro tiled under tMas ict application of this Code. It must be demonstrated to ti o 9£the Ci Ca ncil that a higher quality development will result thar_could be�therse acFteved through strict application of this Code. ner Srms Stated off property to the right, comparing the one acre lots, are MUSA. 1VIs-i3ansoilmted they were not. Commissft __r.Daninger Ak d how people get notified of a public hearing. Ms. Hanson reviewed the n --icing statutO_ th the Commission and audience. Motion by Danmge&econd- by Loehlein, to open the public hearing at 7:45 p.m. Motion carried on a 5�4r-y s "0 -nays, 2 -absent (Cleven, Nemeth) vote. Mr. Nate Gohl, 17056 Aztec Street NW, stated his main concern is with the property line and creek which floods every year and he wondered what would happen with the land that goes across the creek. Mr. Dave Burre, 17230 Aztec Street NW, stated he has lived here a long time and has seen a lot of changes to the property. He stated at one time the property had trees and is now listed as a wetland. The property floods in the spring and all summer long. He stated every year they lose a large tree with the flooding. As the trees fall into the river the bank erosion gets worse. He asked what the wetland property is attached to, and does Regular Andover Planning and Zoning Commission Meeting Minutes — February 13, 2018 Page 6 it belong to the City or will it be turned into park land, he wondered what will happen to the property. He stated having had an issue with septic in the past, some of the lots are very small and if a septic fails there will not be anywhere for it to go because the lots are small, so a second system will not be able to go in. Mr. Jim Zushan, 3943 1681h Avenue, stated he lives at the proposed entrance to the development. He noted he has four basic concerns. The first issue is with the one acre lots. He stated he is very familiar with the Peterson land because it is heavy sand, and he was concerned with the environmental impact on the aq:VO ith one acre lots and septic. He thought this will be a huge impact with thrmauy lots to the surrounding area compared to Valley View which is twenty homes. Tlie only thing they have there is the aquafer and if that gets messed up there is nothing else ava&-. - _ Mr. Zushan stated the second issue is with -fl -r— ronmental on fhMetlands on the west side. All the watershed is going to run down pto the swamp wetland—because it is a very steep sandy area. The amount of activity that�Ftis_ wetla%.going tog gs going to be huge. The third issue is with the eteek and the 8WQM o 'what is going to happen with the wetland on the lower side an-dhowt will back uwater. All the water and runoff are tied together. Mr. Zushan stated whexe_they live street, his concern 14--€ll_amo entrance placed a ere. -G Mr. Bud Holste, felt this_ism—w- em Mr. Altell, 1721`-�i3ztec, a the depment encroaching on eighbors across the would like to see an stAelhe is directly south of this property. He be ay dense development. He wondered if map shows two 40 acre parcels of land why is that was not shown on the map. Mr. John EdW�zd, 3983 168t°=wenue NW, thought the density is high in this area. The City has gone t ffilnt of wo o dig out the drainage ditch and do a lot of pumping out of water in the area. 144voclted what Andover's Comprehensive Plan lays out for what this portion of Andover rs supposed to be. He thought this area was Rural Residential, not Urban Residential. Fie stated the City has gone through a lot of expense developing the Comprehensive Plan. There are quite a few goals in there that dictate what you should do when the developer comes with a PUD. Some of the first things are that the residents' values are the rural character of the community. He stated these values have influenced the policies of the City. He stated these are serious concerns they have and moving forward they would like to be more involved in the process. He stated they would like to see a much bigger plan for the area before this development moves forward. Mr. Jeff Luedtke, 16932 Jivaro Street, asked for clarification on a few things. Because this is zoned Rl, Rural Residential, if they want to put a PUD in there does this require a Regular Andover Planning and Zoning Commission Meeting Minutes — February 13, 2018 Page 7 variance to the City Ordinance of the Zoning. Acting Chairperson Koehler IV stated a PUD is in lieu of City Ordinances and they come with a complete plan from beginning to end and is what they have before them. There is some give and take between the developer and the City. Mr. Luedtke asked if a variance would be needed. Koehler IV stated a PUD is in lieu of a variance. Ms. Hanson stated there will not be any variances with the development. The City Council will have the final decision on everything and _they have the ability to change lots sizes and other things in exchange for otherktens-as part of the PUD. Mr. Luedtke asked why the City Council would crA---- a fund or, through the voters, in the past and start up a committee for and endorse _and promote £o_r the preservation of open spaces and then only to grant variances. developmental areas to encroach on open spaces that are already created by the ordixr ees which are 2.5 a6: s. He stated he sold some land to the City for Martin's Mewn- , so he has been inv1in the entire open space. Mr. Luedtke asked if the the City of Andover at this point. the City and developer take into c considerable investment=in their 1 area. He stated have invested tl when trying to j looking at the e Mr His stated Wide ECu ent, has developed any land in fit it was veLmportant and imperative that rogMWoundmg�and owners who have He mewed the la_lwhich he owns in the r to tali oto-consrdetation all the people who ra houses in -IM community and consider them not tlrikhey could isolate that section without atdoze s concerned mostly with property values in becauseone acre lots were allowed in the past is a e the density in the area with the septic systems. Mr. Darre Donnell, 16'l7 Jivaro`reet NW, stated with a ghost plat, he thought they needed to 10— — he entire phrase rather than just phase one because the entire project will affect manylY eowne He noted he did not understand the steps to this process. Ms. Suzanne VanHecli= X6644 Zuni Street NW, stated they are in a neighborhood with one acre lots and they leve them but the one acre lots are easily flooded. She would be concerned with one acre lots jutting up next to the open space. She would prefer larger lots be a buffer against the open space. She stated she did not understand the phase north of phase one, what size lots were those going to be. Acting Chairperson Koehler IV stated that phase is not before the Commission and he did not have those numbers at this time. She requested some sort of buffer between the development and the open space, so fences are not right up against the open space or encroaching into the open space. She also wondered if there was a plan to have access to the open space trails in Martin's Meadows and if the existing neighbors would appreciate entrances running right by their homes to go into the open space or a public parking area to get into the open space. She Regular Andover Planning and Zoning Commission Meeting Minutes — February 13, 2018 Page 8 thought it would be great if more Andover residents could have access to it and use it, but it also makes adjacent neighbors a little upset when it increases foot traffic right by their home. Ms. Hope Luedtke, 16932 Jivaro Street, stated she was concerned with the density. She stated with this development 7th Avenue will need to be improved because it will not be able to handle the traffic. She noted 7th Avenue is already dangerous by 165th Lane. She also did not like the idea of light pollution at night by havipUtreet poles polluting the sky in the new developments. She stated they love the ddrlYr the area. Mr. Steve Burre asked what will happen with the wetland -the north of the proposed development. He stated right now the creek cannotIftandle the density. Motion by Daninger, seconded by Loehlekn 6lose the public he g at 8:26 p.m. Motion carried on a 5 -ayes, 0 -nays, 2-absentm=__•_vC_leven, Nemeth) vote.' Darren Lazan, Landform Professional Services, rpxesenttrig the applicant, anti Jason Osberg, Metrowide Development 1356 Yukon S>roeW, applicant, came to the podium to answer questions. Mr. Lazan reviewed the.- Mr. he: Mr. Lazan gave Wiesen design and trying hQn approach that is roofer Mr-stategardi prop than what fae first €1u h or stormwaf -T the dis le area,inclu< there beforscharge to discharge to eriginal water will not be_nnnin€ Mr. Lazan reviewed thi emergency this type of r< in Andover. they are using a low impact s is a very particular design and ,torm s67 cone urs, no more water will leave the operty toda�T--hey are required to catch and infiltrate the [t===and keep it on site. Right now, the intent is to grab all horny bring them to the center of the project and treat acenfnatural drainage boundaries. They are required to ;e location. They will be looking at a piped discharge, so the hill freely anymore. F road concept with the Commission. He noted in an allows emergency vehicles another way to access lots. Mr. Lazan stated regarding the septic systems, their preliminary plat must show primary and secondary viable 5,000 square foot area for those two components. There is a very ample margin of safety on the septic systems that they must prove through perk tests and topography that they can provide two 5,000 square foot areas for treatment and it is likely these homes will use between 2,200 to 2,500 square feet for the primary. There is a process they must follow. Regular Andover Planning and Zoning Commission Meeting Minutes -February 13, 2018 Page 9 Mr. Lazan stated regarding the sand and impact to the aquafer, there are two parts to this. One is the storm water treatment which is a very intensive plan they must follow and are required to do. They must infiltrate and recharge the aquafer. He stated this is all managed by the State. Mr. Lazan stated regarding environmental concerns of the wetland, at this point they are not anticipating any impacts to those but will have a full delineation and report done. Mr. Lazan stated regarding 168' traffic and improvements nisch like their requirement to stub to the south and north it was a requirement forgARK�at to the east to stub to this for future connection between subdivisions. This ig nb BNiething they control and something they want to work with the City and residents on minimizing those impacts. Commissioner Daninger stated he was not Arehe liked the split road_and who will take care of it. There was discussion regardingfhe density discrepancy. Commissioner Sims asked what to Mr. Lazan stated they are not MR. interest to get the highest price pe lot for phase one, prices will vary Mr. Osberg stated i -M _ ere to and when they fiiSWked Ml . suggested by the Goznmunity )fie a problem changing Yhr to a c4 point will be—zf the homes in this dwelopme eir buil;iN- his point but is in their best Elis time the=ltoes may be a half million per make e sphtzo� a cul-de 4W - the lots could be larger vmmtheyhad larger�ots, 6dK k�_split road development was elopmentl7 artment. He did not think there would be Le -sac but thele has always been a safety concern with a Commissioner Loehlemstat8ftthe ghosportion west of phase one, does it take into-- ount the likely`land devel- ent pattern and time frame. He asked what the area will loo l ke in five to t6%ears Mr Lazan stated the generally accepted planning practice Abaccount for tk61hnd as TAIL were to normally develop. As a result, proper and accepted -1�uning practt-es are to say if this were to normally develop, what would it look like so thatlhexe is note point to Mr. Luedtke's property and a dead end with no continuation requ mea vo�riance in the future. They have left two spots in the ghost plat, so it can develop in alt y fashion. Commissioner Loehlein stated with respect to the street they have talked about, Andover has the 500 -foot rule for the maximum length of a cul-de-sac. The double road configuration does not cut it. He stated this is a matter of public safety and could happen on a single road as well. The double road does not overcome the cul-de-sac length limitation, and this should be tied out to somewhere. Regarding the density, this is too dense for him. He would like to see 2.5 acres or larger lots on this plat. This is too dense for this area of the City. Regular Andover Planning and Zoning Commission Meeting Minutes — February 13, 2018 Page 10 It was noted by Mr. Osberg that their other development "The Preserves at Oakview" is located at 16472 Crosstown Boulevard, if the residents would like to see the type of development they create. Acting Chairperson Koehler IV stated the lot sizes are a concern for the Commission and surrounding residents. When the agricultural designation is removed in April, this is zoned as an R-1, Single Family Rural and they are talking about lot size requirements being 2.5 acres per lot and they are seeing stuff closer to an=aeriee. He stated it is a concern from several citizens and a concern of his and wondered, was anything that could be done. He thought it would be in the developers' bqs_ iriferest to review the size of the lots. He stated regarding the oversized cul-de-sac versus ft_4t road, who will take care of the middle area in between the road and does_ t provide d06dundancy they are looking for. He wondered how will the devgj§ -deal with runoff _and flooding. He stated there were also concerns with the s systems and anothe cgncernis with traffic. Another concern is with light pollutron_and something the deve�oer might want to look at.Commissioner Hudson Hudson stated as ho=looked at the skWan for phase one but as they look at the sketch plan, he wants cause aspectations are set for phase one they have kind of opened the door an"d,wiIl boarder to reit omething in in the future so they need to do it right. in phase one -=n order to=handle tfie rest of the land in the future. They must do phase=one coxz ctly because it vtnll haeme con_ sequences in the future. OTHER BUSIXEMY City Planner -Hanson mMoarch 27 018 will be the joint City Counc i emmg &rZ%omng Commrsston�neeti They will be discussing the Comp. Pldate and whgz they are at,in the process o p . Possibly following that meeting will be a reg l Tanning & Z ming Commission meeting. City PlamMS anson noted -7. North'Stburban Home Show will be on Saturday, March 10`h from 8:OI7<a_m to 2:00 pact the Andover Community Center. City Planner Hansod_npdafetthe Planning Commission on related items. ADJOURNMENT. Motion by Daninger, seconded by Hudson, to adjourn the meeting at 9:31 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent (Cleven, Nemeth) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary, TimeSaver Off Site Secretarial, Inc. c l "i� l' o F ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Dan Krumwiede, Associate Planner SUBJECT: PUBLIC HEARING: Variance Request —195 Old Constance Blvd. — Jason Schraut DATE: March 13, 2018 INTRODUCTION Mr. Schraut submitted a variance request for his property located at 195 Old Constance Blvd. The request is to construct an accessory building over 19 feet in height and greater than the total square footage of the foundation of the principal structure. The applicant owns 4.32 acres within the R-1 Single Family -Rural zoning district. Variance Review Mr. Schraut submitted a letter and is proposing to construct an accessory building over 19.8 feet in height and 3,200 square feet. The applicant's home is 1,680 of livable square feet. City code would allow a 1,680 sq. ft accessory structure. Under the current requirements, the applicant would be able to construct an accessory building that is equal to the square footage of his principal structure. The applicant is proposing a 40 foot by 80 foot (3,200 square feet) accessory building. The applicant currently has an existing accessory structure in the proposed location, which would be torn down and a bigger accessory structure would be built. Under current requirements, the applicant would be limited to a height of 16 feet, which is the current height of his house. The applicant is proposing a building that would have 12 -foot sidewalls and 4/12 pitch to the roof. This would equate to the overall height of the accessory building to be 19.8 feet. The accessory building itself would exceed the height of the existing home on the property. The City has different accessory structure size determinations based on lot size. Below is a chart LLL0.L LLLiLW1J UIU Ur- Accesso Build in Sizes(Existing Requirements) 1 to 2.5 acres 2.5 to 5 acres Shall not exceed foundation size of principal Shall not exceed foundation size of principal structure. structure. (R-4) Shall not exceed 1,200 or 50% of (R4) Shall not exceed 1,200 or 50% of foundation size of principal structure. (R-1) foundation size of principal structure. Shall not exceed size of principal structure. Shall not exceed height of principal structure. Max height is 15' in R-4 zoning districts: There are varying accessory structure sizes on different lots in this area and that correlates with the lot size of the specific property. Five (5) plus acre lots do not require a variance. They just need to meet the lot coverage specifications which is 20% max impevious in the R-1 zoning district. Review Criteria City Code 12-14-7 outlines criteria when considering a variance. Code states "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties" as used in connection with the granting of a variance, means: 1. The property owner proposed to use the property in a reasonable manner not permitted by an official control. • The applicant would like to purchase his father's house and eventually put an addition onto the house, therefore bringing the square footage of the house closer to that of the proposed shed. • The applicant would like to build a 19.8 ft tall shed but our ordinance limits him to the height of the principal structure, which is 16 ft. 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner. • The applicant will be buying his father's property and would like to make updates to suit the needs of his larger family. 3. The variance, if granted, will not alter the essential character of the locality and will not alter the rural residential character. • There are other similar size sheds that have been built in his neighborhood. • The shed would be in the rear yard and not be any closer to neighboring property lines than his current shed. His current shed will be removed to make way for the new one. • Our ordinance states the shed would need to be a minimum of 5 feet from a neighboring property line. The proposed shed would be an approximate 23 feet from the nearest property line. • Sheds of this size could be permitted on lots larger than 5 acres in size. • Lots in this area vary in size permitting different individuals to have varying size sheds. 4. Economic considerations alone do not constitute practical difficulties. • The applicant will spend money to construct his accessory building. • The applicant will be purchasing the property from his father and will need additional space to keep his vehicles and other storage to accommodate his larger family. • The existing home has a single stall attached garage. • The applicant could acquire additional land from an abutting property to allow for the square footage. Andover Review Committee (ARC) Comments ARC reviewed the proposed variance requests and had no formal comments pertaining to the request. 7 Public Comments Staff has not heard from individuals at the time of the write-up. Staff will certainly share any comments that are received during the meeting. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing for the variance requests, compare the variance requests with the review criteria of City Code 12-14-7 and make a recommendation of approval or denial based on findings of fact to the City Council. Staff drafted resolutions with potential findings of fact the Conunission may want to consider when recommending approval or denial of the variance requests. Attachments DRAFT Resolutions of Approval and Denial Property Location Map Photo Location Map / 2 ft. Contours Title 12 Chapter 6 Accessory Buildings and Temporary Structures Title 12-14-7B Variances Applicant Letter Neighboring Shed Examples Proposed Shed Location Zoning Map (11x17) Resp ubmrtted, KrDan Knimwrede Associate Planner Cc: Jason Schraut, 195 Old Constance Blvd NW, Andover, MN 55304 El CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO XXX A RESOLUTION APPROVING VARIANCES FOR PROPERTY LEGALLY DESCRIBED AS: UNPLATTED GROW TWP THE N 270.75 FT OF S 441.5 FT OF SWIM OF NEIM LYING E OF W 1055 FT THEREOF & THE E 120 FT OF W 1055 FT OF SWIM OF NEl/4-EXS 255.12 FT -ALL IN SEC 13-32-24. WHEREAS, the applicant has requested approval of variances to construct an accessory building which exceeds the height of the principal structure and the total square footage of the foundation of the principal structure; and WHEREAS, the Andover Review Committee has reviewed the variance requests; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said variances; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommended approval of the variances based on the variance review criteria for granting a variance under City Code 12-14-7 B; and WHEREAS, City Council completed a review of the variances, along with Planning and Zoning Commission recommendation; and WHEREAS, City Council approves the variances to construct a 40 foot by 80 foot shed (3,200 square feet) that is 19.8 feet in height; and WHEREAS, based on the criteria for granting a variance under City Code 12-14-7B, City Council finds the following findings of fact to support the approval of the variance requests: 1. The property owner proposed to use the property in a reasonable manner not permitted by an official control. • The applicant would like to purchase his father's house and eventually put an addition onto the house, therefore bringing the square footage of the house closer to that of the proposed shed. • The applicant would like to build a 19.8 ft tall shed but our ordinance limits him to the height of the principal structure, which is 16 ft. 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner. • The applicant will be buying his father's property and would like to make updates to suit the needs of his larger family. 3. The variance, if granted, will not alter the essential character of the locality and will not alter the rural residential character. • There are other similar size sheds that have been built in his neighborhood. • The shed would be in the rear yard and not be any closer to neighboring property lines than his current shed. His current shed will be removed to make way for the new one. • Our ordinance states the shed would need to be a minimum of 5 feet from a neighboring property line. The proposed shed would be an approximate 23 feet from the nearest property line. • Sheds of this size could be permitted on lots larger than 5 acres in size. • Lots in this area vary in size permitting different individuals to have varying size sheds. 4. Economic considerations alone do not constitute practical difficulties. • The applicant will spend money to construct his accessory building. • The applicant will be purchasing the property from his father and will need additional space to keep his vehicles and other storage to accommodate his larger family. • The existing home has a single stall attached garage. • The applicant could acquire additional land from an abutting property to allow for the square footage. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the variances with the following conditions: 1. All appropriate permits shall be obtained prior to commencement of the work, including a secondary driveway. 2. The accessory building shall be completed within one year of the approval of the variances. Variance approvals will be invalid after such time. 3. Any occupation of the building for dwelling or business purposes shall adhere to the City of Andover City Code. Adopted by the City Council of the City of Andover this day of 2018. ATTEST Michelle Harmer, City Clerk CITY OF ANDOVER Julie Trude, Mayor rl CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO XXX A RESOLUTION DENYING VARIANCES FOR PROPERTY LEGALLY DESCRIBED AS UNPLATTED GROW TWP THEN 270.75 FT OF S 441.5 FT OF SW1/4 OF NE1/4 LYING E OF W 1055 FT THEREOF & THE E 120 FT OF W 1055 FT OF SWIM OF NEl/4-EXS 255.12 FT -ALL IN SEC 13-32-24. WHEREAS, the applicant has requested approval of variances to construct an accessory building which exceeds in the height of the principal structure and the total square footage of the foundation of the principal structure; and WHEREAS, the Andover Review Committee has reviewed variance requests; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said variances; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommended denial of the variances based on the variance review criteria for granting a variance under City Code 12- 14-7 B; and WHEREAS, City Council completed a review of the variances, along with Planning and Zoning Commission recommendation; and WHEREAS, City Council denies the variances to construct an accessory building which exceeds the height of the principal structure and the total square footage of the foundation of the principal structure WHEREAS, based on the criteria for granting a variance under City Code 12-14-713, City Council finds the following findings of fact to deny the approval of the variance requests: 1. The property owner proposed to use the property in a reasonable manner not permitted by an official control. • The applicant would like to purchase his father's house and eventually put an addition onto the house, therefore bringing the square footage of the house closer to that of the proposed shed. • The applicant would like to build a 19.8 ft tall shed but our ordinance limits him to the height of the principal structure, which is 16 ft. 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner. • The applicant will be buying his father's property and would like to make updates to suit the needs of his larger family. 3. The variance, if granted, will not alter the essential character of the locality and will not alter the rural residential character. 0 There are other similar size sheds that have been built in his neighborhood. • The shed would be in the rear yard and not be any closer to neighboring property lines than his current shed. His current shed will be removed to make way for the new one. • Our ordinance states the shed would need to be a minimum of 5 feet from a neighboring property line. The proposed shed would be an approximate 23 feet from the nearest property line. • Sheds of this size could be permitted on lots larger than 5 acres in size. • Lots in this area vary in size permitting different individuals to have varying size sheds. 4. Economic considerations alone do not constitute practical difficulties. • The applicant will spend money to construct his accessory building. • The applicant will be purchasing the property from his father and will need additional space to keep his vehicles and other storage to accommodate his larger family. • The existing home has a single stall attached garage. • The applicant could acquire additional land from an abutting property to allow for the square footage. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby denies the variance requests to construct an accessory building which exceeds the height of the principal structure and the total square footage of the foundation of the principal structure. Adopted by the City Council of the City of Andover this day of , 2018. ATTEST CITY OF ANDOVER Michelle Hartner, City Clerk Julie Trude, Mayor 2 I y)i ■M TIT y R cm1 I ' 'T� - Tr mmwm-wmm "PIPNil � ��: ..� � �� ♦ski CHAPTER ACCESSORY BUILDINGS AND TEMPORARY STRUCTURES PYX 003011 12-6-1: Definition 12-6-2: Construction Prior To Principal Building 12-6-3: Building Height 12-6-4: Size And Construction Requirements 12-6-5: Location And Setback Requirements 12-6-6: Temporary Structures 12-6-1: DEFINITION: For the purpose of this chapter, "accessory building" shall mean garages and sheds. (Ord. 8NNNNNN, 7-16-2002) 12-6-2: CONSTRUCTION PRIOR TO PRINCIPAL BUILDING: No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building except by Conditional Use Permit. (Ord. 8NNNNNN, 7-16-2002) 12-6-3: BUILDING HEIGHT: A. Residential District: No accessory building in a residential area shall exceed the height of the principal structure except subject to Subsection 12-3-5132 of this title, and shall not exceed fifteen feet (16) in height in the R-4 zoning district. B. Business Or Industrial District: No accessory building in a commercial or industrial district shall exceed the height of the principal building except by conditional use permit. (Ord. 8NNNNNN, 7-16-2002) 12-6-4: SIZE AND CONSTRUCTION REQUIREMENTS: A. Accessory buildings on a residential parcel of five (5) acres or less shall be as stated below. However, in the case where the accessory building serves to satisfy the minimum garage requirements as specified in Section 12-3-5 of this title, the garage will not be calculated in the accessory building square footage requirement. B. The accessory buildings on a residential parcel with a lot area of five (5) acres or less, but more than one acre, shall not exceed the total square footage of land covered by the foundation of the principal structure. C. The attached garage and detached accessory buildings on a residential parcel in the R-4 zoning district or any property less than one acre shall not exceed one thousand two hundred (1,200) square feet total, and in no case shall the detached accessory building be greater than fifty percent (50%) of the total square footage of the foundation of the principal structure. (amd. Ord. 314, 10-4-2005) D. All principal structures constructed within the single-family urban residential (R4) district after the effective date hereof shall have an attached garage with a minimum size of four hundred forty (440) square feet. E. All detached accessory buildings within the single-family urban residential (R-4) zoning district shall have a minimum 4:12 roof pitch. F. All detached accessory buildings shall be constructed to be similar in design and exterior finish material so as to be compatible to the principal structure, except as stated in Subsection G of this section. G. Exterior Finishes: No permanent sheet metal, painted or unpainted accessory building, except small garden sheds not exceeding one hundred twenty (120) square feet, shall be allowed on parcels of three (3) acres or less in all residential districts and within the metropolitan urban service area (MUSA) boundary. The foregoing shall not apply to painted and finished metal siding normally used on residential structures. (Ord. 8NNNNNN, 7-16-2002) 12-6-5: LOCATION AND SETBACK REQUIREMENTS: A. Private Garages Facing Public Ways: When a private garage is oriented so as to face onto a public right-of-way, it shall not have less than the minimum required setback for the principal structure as measured from the lot line. B. In Residential Districts: Accessory buildings and structures located in residentially zoned districts shall have a minimum setback of five feet (5') from side and rear lot lines unless an easement exists that is more restrictive. (Amended Ord. 314,10-4-2005) 2. Accessory buildings and structures located in a yard adjacent to a 3. City Council Action: After a completed application has been submitted, the City Council shall follow the deadline for response as outlined in State Statute 15.99. (Amended Ord. 314, 104-2005) 4. Amended Application: An Amended Conditional Use Permit application shall be administered in a manner similar to that required for a new conditional use permit; and the fee shall be as set forth by ordinance'. Amended conditional use permits shall include reapplications for permits that have been denied, requests for changes in conditions, and as otherwise described in this title. (Amended Ord. 8, 10-21-1970; amd. 2003 Code) 5. Reapplication After Denial: No application for a Conditional Use Permit shall be resubmitted for a period of one year from the date of said order of denial. 6. Hearing May Be Held: When a Conditional Use Permit may be of general interest to the community or to more than the adjoining owners, the Planning and Zoning Commission may hold a public hearing, and the Conditional Use Permit shall be reviewed with notice of said hearing published at least ten (10) days prior to the hearing. (Amended Ord. 314, 10-4-2005) D. Time Limit On Implementing Conditional Use: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the Conditional Use Permit, the permit will be null and void. (Amended Ord. 8, 10-21-1970) 12-14-7: VARIANCES: A. Variances Authorized: The City Council, as authorized by Minn. Stat. 462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on nonconformities. (Amended Ord. 407, 6-21-11) B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. (Amended Ord. 407, 6-21-11) 2. Variances may be granted when the applicant for the variance 1 See subsection 1-7-3H of this code. establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; d. Economic considerations alone do not constitute practical difficulties. (Amended Ord. 407, 6-21-11) C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended Ord. 407, 6-21-11) D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6-21-11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6-21-11) 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. (Amended Ord. 407, 6-21-11) E. Procedure: The procedure for granting variances is as follows: 1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance application form together with a fee asset forth by ordinance'. (Amended Ord. 407, 6-21-11) 2. Planning and Zoning Commission Review: A public hearing shall be held by the Planning and Zoning Commission as provided in City Code 12-14-8. The Planning Commission shall make a recommendation to the City Council based upon the provisions of City Code 12-14-7. (Amended Ord. 407, 6-21-11) 3. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12-14-7. (Amended Ord. 407, 6-21-11) 4. Appeals: The petitioner, if appealing an interpretation of this title by an 1 See subsection 1-7-3H of this code. employee of the city which would require him/her to obtain a variance, shall have the fee refunded if his/her appeal is upheld by the City Council. 5. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health, safety or welfare threat. The City Council shall determine if the request warrants immediate review. (Amended Ord. 407, 6-21-11) 6. Time Limit On Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8,10-21-1970) 12-14-8: PUBLIC HEARING PROCESS: B. Council Actions Requiring a Public Hearing: The following Council actions shall require a public hearing: 1. Variance 2. Conditional Use Permit (CUP) 3. Rezoning and Text Amendment 4. Sketch Plan 5. Preliminary Plat 6. Comprehensive Plan Amendment 7. Interim Use Permits (Amended Ord. 436, 4-15-2014) C. Public Hearing 1. A public hearing on an application for Council actions in this chapter shall be held by the Planning Commission in accordance with the Minnesota State Statutes. 2. A notice of the time, place, and purpose of the hearing shall be published in the official newspaper of the city ten (10) days prior to the day of the hearing. 3. Property owners and occupants within three hundred fifty feet (350') of subject properties located inside the Municipal Urban Serice Area (MUSA) (based on the City's most current version of Anoka County Property Records) shall be notified in writing. 4. Property owners and occupants within seven hundred feet (700') of subject properties located outside the MUSA (based on the City's most current version of Anoka County Property Records) shall be notified in writing. 5. The notification distance shall be measured from the perimeter of the subject property. Property owner notifications shall be Dear Variance Commitee, I am requesting a variance approval to build a 40 ft x 80 ft accessory building with 12 ft sidewalls on my fathers property. I am planning on purchasing the property, but I would need additional storage / parking on property. The single car garage does not have adequate parking for multiple vehicles, as I plan on expanding the living space of home, and getting rid of the single car garage in the future. Back in 1964, their was usually 1 household working member and only 1 car. Now we have multiple working family members with multiple cars and current homes come standard with 3+ garages. This would mean I would need a garage/ pole barn with adequate parking spaces and a nice workshop for hobby work. I would need 12 ft sidewalls to enable a vehicle lift for parking storage and also for DIY maintenance and repair. The new pole barn will replace an existing barn structure already located on the property. The surrounding area has multiple pole barns and the property already has an existing barn. Our neighbor, on the North side, has a 40 x 76 pole barn and out of 12 homes on Old Constance Blvd, 6 have accesory buildings. This area of Andover is still more rural , and putting a pole barn will not negatively alter the surround area character . The accessory building will be either gray with white trim or a neutral color and the house will be painted to match . It will feature 2 North facing garage doors and 2 side doors. The South side of property line will be getting a fence and the property features adequate tree coverage ( Evergreen, Maple , Apple ,etc.) to hide the structure from view. Only during winter months you can see the existing barn structure . I am willing to add more improvements to property to get this accessory building built. Please consider granting a variance for this accessory structure. Thank You, Jason Schraut m 4 1 pq. z U, N a � ;a ui N N i r .. C., v G ++ v J r. Ui O II Gi, C G: W W U1 Ut C..) ~ W N W W. N J Ur O w+_ V, c� N N v� i r .. v �+ t O II y. N J ti lV c W u. N N a a N W v W w+ N v� r .. y. N O J ti lV c W u. N N a a N W v W w+ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Joe Janish, Community Development Director SUBJECT: PUBLIC HEARING: Conditional Use Permit Amendment/Revised Planned Unit Development — Andover Clocktower Commons — Classic Construction DATE: March 13, 2018 INTRODUCTION BDT Holdings, LLC, the current owners of the Andover Clocktower Commons are requesting to amend the existing approved Conditional Use Permit to revise the approved Planned Unit Development on Lot 3, Block 1, Andover Clocktower Commons. DISCUSSION Background The original CUP/PUD approval was granted in September of 2003. The PUD, which is located in a SC, Shopping Center District, included five (5) lots consisting of a gas convenience store (Lot 1), fast food restaurant (Lot 2), bank (Lot 3), restaurant (Lot 4) and retail (Lot 5) as shown on the attached plan. The approval also included a landscape plan identifying the common area amenities including a clock tower feature and related landscaping on Lot 4. Cross parking and access agreements were also put in place. Tonight's project does not include the clock tower. The clock tower feature is on a different lot. There was an amendment made in 2009 related to the direct access to Crosstown Blvd. NW in the form of a % intersection, which was approved. An Amendment was made in 2014 related to Lot 3, Block 1, Andover Clocktower Commons to convert the "bank" site to retail trade and service building. Lot 4, Block 1, was also converted from a "restaurant" lot in the original PUD for a retail, trade and service building and allowed for a 20 foot encroachment in to the required 30 foot setback from Crosstown Blvd. NW. This encroachment created a 10 -foot setback for the future buildings on Lot 4, Block 1. An Amendment to the PUD occurred in 2017, for a lot split and building locations, however the project did not carry forward, and the plat was not recorded. The resolution for the 2017 amendment would be proposed to be rescinded by City Council if tonight's request is approved by the City Council. The significant proposed changes or proposed revisions for tonight are as follows: Lot 3, Block 1, Andover Clocktower Commons — 1. This lot was originally approved as a bank lot with a 10,000 s.f. building. In 2014 an 11,200 s.f. retail, trade, and service building was proposed and approved in place of the bank building. 2. Tonight the applicant is proposing to construct a 10,445 s.f. building for a daycare center. Due to a new building location, a PUD amendment is required. Design Standards -Architecture The proposed building design is attached and the applicant has proposed the utilization of the following building materials: • "Shake style" asphalt shingles • Lap siding (Hardie or LP Smart Side) • Trim (Hardie or LP Smart Side) • Shingle siding (Hardie or LP Side) • Cultured stone • Aluminum windows/doors • Cast Stone water table • Trash doors would be composite decking The daycare provider currently has a center located in Hugo and is using the same building materials and what was used with their Hugo building. Commercial Site Plan Review In conjunction with this requested CUP/PUD amendment, the applicant is also proceeding through the Commercial Site Plan Review and approval process. As a part of this process, utility, grading, drainage and erosion control, landscape, and detailed site plans will be reviewed and approved by city staff. 2 ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing to make a recommendation to the City Council. Attachments Draft Resolution Location Map Proposed Color Elevations Photos of existing building in Hugo Photos of adjacent commercial buildings Plan Set approved in 2003 Resolution 157-03, 064-09, 063-14 Proposed Site Plan Res ctfitlkyl su 'tted, Joe Janish Cc: Tom Roberts BDT Land, LLC 6484 Pinnacle Drive, Eden Prairie, MN 55346 Diane Leverentz Classic Construction 18542 Ulysses Street NE East Bethel, MN 55011 3 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION AMENDING THE APPROVED CONDITIONAL USE PERMIT TO AMEND THE PLANNNED UNIT DEVELOPMENT OF ANDOVER CLOCKTOWER COMMONS, LEGALLY DESCRIBED AS LOT 3, BLOCK 1, ANDOVER CLOCKTOWER COMMONS WHEREAS, BDT Holdings, LLC have requested approval of an amendment to the approved Conditional Use Permit (Resolution No. 157-03) and to the approved planned unit development; and WHEREAS, the Planning and Zoning Commission finds the request meets the criteria of City Code 12-14-6 regulating Conditional Use Permits and City Code 13-3-1 regulating Planned Unit Developments; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said amendment; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the amended CUP and PUD. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and hereby approves the proposed amendment subject to the following conditions: The conditions of the approval of the original CUP/PUD (Resolution No. 157-03) shall remain in effect if not altered or changed with the approval of this amended CUP and revised PUD. 2. The conditions of the approval of all past amendments to the CUP/PUD (Resolution No. 064-09 and Resolution No. R063-14) shall remain in effect if not altered or changed with the approval of this amended CUP and Revised PUD. 3. The Declaration Concerning Easements, Covenants and Restrictions (Doc. # 187473 1) shall be amended as necessary to incorporate the revisions approved with this amendment. 4. The plan set shall be modified as necessary to achieve commercial site plan approval by the City of Andover and watershed permit approval from the Coon Creek Watershed District. Adopted by the City Council of the City of Andover this March XX, 2018. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Julie Trude, Mayor Property N Location t W ea Jill JJWSJ2. NW'WWIWPUV !P.J pin -ma OLM suoila.Jaua!D 6uinno. !D �; AWP j "N PaacdcJd T co i > W W m J w J W w < , p 0 0 h 2 � m ] - W W 3 w 40655 NW •J-nOPW 1--0S P-090n16 9165, suoi;e-jaua!D bulmo-10 R � NOOWtY�� = Q xaurefuxn o +tel RNW%J xeN pacodojd A B ®o000 oneA OO6 p \ s 19 _ h \ vz Z •✓ r25•E too ok a 0 l^ � Z sa O i Zo ` Qo aN 17z` VI wr z z Y 0 � I } .. Ll .J, ,+tee•, .....all .. ,, - -- - ° �ellp�l�nesrer,..--na�smn- --meeRmerayr* seaasaear^e sR.�Ko e8 Z- .. .� w _..u.. ,... - � -. - _ _ r -r-. --, � s a _ _-:= _ ;:. `: �_ e . _ � .� .r �.�t{� .. .. :® � ; . __ ;- - .. ,_ - -- � Ur - i, Great; Clips: 2 1.1 =---7- f1 Aw� yo i t y tt s i � W a g3� : r a,pi'itma rE i i EtiI , $ � I ffA1114 j < 9 L Ij� d"" i t1J e Ii fit ill J-- �':� I��i'� jii i '�'itla't� iisE�•'Y �:E°� i'I i E�� � � ii' ilE�i � � li Eli � 1i tit ® ®i itl�e'i14 alit E•ta! u�l atstd.i�d I L ;illi ® i 8 i Ili Mcg \ 11+./ 7J.. �`♦; (b. 93, Tp ♦ dR i a � • yl � , � "\ 4\ yY • 1 � 7 iii � if 111115•'•_ •\: .'.•T=k- • • •° � iii S i ;� ® • n `� , q 1 � i i ►� y ' I• a -1 S•Tl Y'F f •1—T • • S' -d -f• _ _ ' • i41 _ — _ _ _ _ _ ' -_ — S - - vert rr•mw'— - — � _ _ _ ._ _ a a ow t� nM mdt tuJwfot � 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R157-03 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF LANDFORM, INC. FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP ANDOVER CLOCKTOWER COMMONS A COMMERCIAL DEVELOPMENT TO BE LOCATED AT THE NORTHEAST CORNER OF RANSON AND CROSSTOWN BOULEVARDS LEGALLY DESCRIBED AS LOT 1, BLOCK 2 HAMILTON SQUARE, ANOKA COUNTY, MINNESOTA. WHEREAS, Landform, Inc. has requested a Special Use Permit for a Planned Unit Development to develop a residential development Andover Clocktower Commons a commercial development pursuant to Ordinance No. 112, An Ordinance regulating Planned Unit Developments on the property legally described above, and; WHEREAS, The Planning Commission finds the request meets the criteria of City Code 12-15-6 regulating Special Use Permits and City Code 13-3-1 regulating PIanned Unit Developments, and; WHEREAS, a public hearing was held before the Planning and Zoning Commission and there was no opposition to the request; and; WHEREAS, The Planning and Zoning Commission is recommending to the City Council the approval of the Special Use Permit for the Planned Unit Development as requested, and; WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lazed, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission permitting the following: 1. Special Use Permit for a service station and car wash on Lot I subject to the conditions listed in this resolution. 2. Special Use Permit for a drive through for restaurant on Lot 2 subject to the conditions listed in this resolution. 3. Special Use Permit for a drive through for drive through for bank on Lot 3 subject to the conditions listed in this resolution. 4. Special Use Permit for on sale liquor for restaurant on Lot 4 subject to the conditions listed in this resolution. 5. Planned Unit Development for Andover CIocktower Commons per plans revised August 7, 2003 and stamped received by the City ofAndover August 7, 2003 subject to the following: a The bankloffice building may be constructed with a second floor. Any adjustments to the proposed plan shall be reviewed by the Andover Review Committee. b. The applicant acknowledges that the right of access from the subject property to Hanson Boulevard (CSAR 78) and Crosstown Boulevard (CSAH 18) was previously dedicated to Anoka County and that no new access to these roadways will be permitted without approval from the Anoka -County Highway Department. c. The interior trail and outdoor patio areas shall be designed and constructed to complement the building architecture. Plain concrete or asphalt are not acceptable. d. The Clocktower feature shall provide brick at the corners adjacent to the clock to replace EIFS Color 42. e. The raingarden landscaping must be further detailed and approved by the Andover Review Committee. f. All perimeter shrub beds shall provide a variety of species within each planting bed. One plant species per planting bed is not acceptable. g. Additional shrub planting beds shall be located in the landscaped corridors along the west and southeast sides of Lot 2. 6. Each of the proposed uses shall be required to complete the commercial site plan review process administered by the Andover Review Committee. 7. A provision ofthe association documents shall allow the City access to utilities on each of the properties. 8. A provision shall be added to the association documents to establish a repair, maintenance and replacement program and funding for the private drive, parking areas, private utilities and all common areas and other improvements. 9. That the Special Use Permits shall be subject to a sunset clause as defined in City Code 12-15-6. Adopted by the City Council of the City of Andover on this ATTEST Victoria Volk, City Clerk day of 2003. CITY OF AND%VER �- Michael.Michael. R. Gamache, Ma Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R064-09 A RESOLUTION APPROVING AN AMENDMENT TO THE APPROVED PLANNED UNIT DEVELOPMENT OF ANDOVER CLOCKTOWER COMMONS TO ALLOW INTERIM INTERSECTION IMPROVEMENTS THAT PROVIDE AN ACCESS TO CROSSTOWN BOULEVARD NW WHEREAS, BDT Land, LLC has requested approval of an amendment to the approved planned unit development to allow direct access to Crosstown Boulevard NW; and WI3EREAS, City Code 13-3-10 requires a public hearing to review changes to the approved development and design; and WHEREAS, pursuant to, published and mailed notice thereof, the. Planning Commission has conducted a public hearing on said amendment; and WHEREAS, as a result of such public hearing, the Planning Commission recommended to the City Council that a % intersection be allowed provided that the roadway improvements conform to Engineering Department review comments; and WHEREAS, to obtain approval of interim intersection improvements to provide access to Crosstown Boulevard the applicant has agreed to construct a permanent intersection improvement of the westbound right -turn lane off Crosstown Boulevard accessing the Andover Clocktower Commons development as described by the feasibility study of City Project File #08-20A at the time Lot 3 or Lot 4 of Block 1 of Andover Clocktower Commons are built upon; and NOW, THEREFORE, BE IT RESOLVED, that the City Council o£the City of Andover has received the recommendation of the Planning Commission and hereby approves the proposed amendment to allow interim intersection improvements to provide access to Andover Clocktower Commons from Crosstown Boulevard subject to the following: 1. Design and construction of the interim intersection improvements shall follow city policy for developer installed improvements and conform to the recommendations of the Engineering Department Memorandum dated August 14, 2009 with the following exceptions: a. For comment #1 lwhere the City Council agrees to allow bituminous curb; b. For comment 914 where the City Council finds the applicant's professional engineer's proposal for the turn lane length will be followed; and c. For comment #16 where the City Council finds the applicant's professional engineer's storm drainage plan proposal to be acceptable and the final plan will need to be signed by the applicant's professional engineer. 2. The applicant shall be required to complete a development contract in the form adopted by the © City Council, in compliance with the City Code and as acceptable to the City Attorney for the interim intersection improvements approved with this resolution. The applicant shall provide a financial security as determined by City Code 1-7-3 in a form acceptable to the city to guarantee that these improvements will be completed. ru E 3. The applicant shall also be responsible for all permanent westbound right tum lane improvements off Crosstown Boulevard accessing the Andover Clocktower Commons development described in the feasibility study for City Project File #08-20A. These improvements shall be completed in compliance with city design standards and adopted policies by the time a certificate of occupancy is issued for either Lot 3 or Lot 4, Block 1 of Andover Clocktower Commons. The applicant shall provide a financial security as determined by City Code 1-7-3 in a form acceptable to the city to guarantee that these improvements will be completed at the time a building permit is approved for Lot 3 or Lot 4, Block 1 of Andover Clocktower Commons. Adopted by the City Council of the City of Andover this i e day of August, 2009. 4ATTEST: t r z�-QR.�f-i.�'�l�Pti b�lle Hartner, Deputy City Clerk CITY OF ANDOVER. Achael R. Gamae're, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R063-14 A RESOLUTION AMENDING THE APPROVED CONDITIONAL USE PERMIT TO AMEND THE PLANNNED UNIT DEVELOPMENT OF ANDOVER CLOCKTOWER COMMONS, LEGALLY DESCRIBED AS LOTS 3-5, BLOCK 1, ANDOVER CLOCKTOWER COMMONS WHEREAS, BAT Land, LLC and BDT Holdings, LLC have requested approval of an amendment to the approved Conditional Use Permit (Resolution No. 157-03) and to the approved planned unit development; and WHEREAS, the Planning and Zoning Commission finds the request meets the criteria of City Code 12-14-6 regulating Conditional Use Permits and City Code 13-3-1 regulating Planned Unit Developments; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said amendment; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the amended CUP and PUD. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and hereby approves the proposed amendment subject to the following conditions: 1. The conditions of the approval of the original CUP/PUD (Resolution No. 157-03 shall remain in effect if not altered or changed with the approval of this amended CUP and revised PUD. 2. The Declaration Concerning Easements, Covenants and Restrictions (Doc. #1$74731) shall be amended as necessary to incorporate the revisions approved with this amendment. 3. The plan set shall be modified as necessary to achieve commercial site plan approval by the City of Andover and watershed permit approval from the Coon Creek Watershed District. 4. The City Council supports the implementation of Option B to resolve the trail/drainage issue in an amount not to exceed $10,000 and the City is responsible for any upsizing charges. Adopted by the City Council of the City of Andover this 2id day of September, 2014. ATTEST: Michelle Hartner, Deputy City CIerk X CITY OF ANDOVER 2 chael RqGAhe,ayor f i zN� S� O m Ina tylhatibW Planwaa PreParea by me (�' Q ��ww ® Z�9 GROWINS GENERATIONS °I 4%apervisbn end Nallame DATE REVISION DESCRIPTION c O� u �w du L tonal En9l°esO 01Na z g wo m cm ® X H OAYCAl1E sore. o 9 m E ANDOVER, MINNESOTA 9 .t n`� 0 SRE PLAN CHARLES W. PLO Z DATE: 02.12.2018 LIC. NO. 22> ° 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: PUBLIC HEARING: Sketch Plan/Planned Unit Development (PUD) Review — Estates at Cedar Ridge — Joshua Bergeron DATE: March 13, 2018 The Planning and Zoning Commission is asked to review a sketch plan for a single family planned unit rural residential development. The developer submitted a narrative of the proposed PUD. The PUD narrative is attached for your review. DISCUSSION What is a PUD Concept Plan? A PUD Sketch Plan is used to provide feedback to the developer through Andover Review Committee (ARC), Planning and Zoning Commission, Park and Recreation Commission, and City Council. Purpose of PUD? The purpose of a PUD is to encourage more efficient allocation of density and intensity of land use where such arrangement is desirable and feasible by providing the means for greater creativity and flexibility in environmental design than provided under the strict application of this code. It must be demonstrated to the satisfaction of the City Council that a higher quality development will result than could be otherwise achieved through strict application of this code. Background The Andover Review Committee (ARC) have reviewed the sketch plan. Comments are attached for your review. Staff suggests the comments be reviewed as part of the sketch plan process. Conformance with Local and Regional Plans and Ordinances 1. The property is not located within the Metropolitan Urban Service Area (MUSA) Boundary. 2. The Comprehensive Land Use is Rural Residential. Access Access will be from Hanson Blvd NW. Anoka County Highway Department (ACHD) is in the process of reviewing the sketch plan. ACHD governs County roads; therefore, the developer will be required to comply with the requirements of the ACRD. Utilities Each of the lots will be served by individual septic systems and wells. Lots The property is zoned RI — Rural Residential which allows for rural development. The following table shows code requirements for the rural residential area versus the PUD proposal: The applicant is requesting a Planned Unit Development (PUD) as part of this development. The applicant is requesting flexibility in code requirements including size and dimension; primarily to have flexibility to minimize tree removal and wetland impacts. The developer would like the PUD to preserve existing trees and minimize the impact to existing wetlands. Gross density requirements in the rural residential area is 2.5 acres/0.4 units per acre. The proposed sketch plan gross density is 0.046 units per acre; meeting the gross density requirements set forth in the Andover Comprehensive Plan and City Code. Thirteen (13) lots will range from 1.8 to 2.4 acres, one (1) lot will be 24.8 acres and one (1) lot will be 14.8 acres. Wetlands There are wetlands located within the sketch plan area. A map has been attached that shows the existing wetland information according to available data. The wetlands will be required to be delineated and the report will need to be submitted as part of the preliminary plat process. Lower Rum River Water Management Organization (LRRWMO) Once the overall layout of the sketch has been agreed upon and direction provided, the developers will prepare a grading plan, hydrology calculations and a soils report that will be reviewed by the City, an engineering consultant and the LRRWMO. The LRRWMO will need to review the preliminary plat and the developer will need to address any issues that are raised during that review prior to a public hearing being scheduled for the preliminary plat. Park and Recreation Commission The Park and Recreation Commission will review the request on March 22, 2018. The current Master Park Plan does not show the potential of parkland in this area which leads staff to believe that the Park and Recreation Commission would request cash -in -lieu of land for this particular development. Coordination with other Agencies The developer and/or owner are responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, LRRWMO, Minnesota Pollution Control Agency, LGU and any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding this item. NEXT STEPS Based on the feedback received on the sketch plan, the developer will modify the layout and make application for Preliminary Plat, and Final Plat. CITY CODE REQUIREMENTS PUD PROPOSAL Lot size/Gross Density 2.5 acres/0.4 units per acre 0.046 units per acre Lot Width 300 feet 155 — 375 feet Lot Depth 150 feet +150 feet Lots allowed on 70 acres Undetermined because of existing wetlands 15 proposed The applicant is requesting a Planned Unit Development (PUD) as part of this development. The applicant is requesting flexibility in code requirements including size and dimension; primarily to have flexibility to minimize tree removal and wetland impacts. The developer would like the PUD to preserve existing trees and minimize the impact to existing wetlands. Gross density requirements in the rural residential area is 2.5 acres/0.4 units per acre. The proposed sketch plan gross density is 0.046 units per acre; meeting the gross density requirements set forth in the Andover Comprehensive Plan and City Code. Thirteen (13) lots will range from 1.8 to 2.4 acres, one (1) lot will be 24.8 acres and one (1) lot will be 14.8 acres. Wetlands There are wetlands located within the sketch plan area. A map has been attached that shows the existing wetland information according to available data. The wetlands will be required to be delineated and the report will need to be submitted as part of the preliminary plat process. Lower Rum River Water Management Organization (LRRWMO) Once the overall layout of the sketch has been agreed upon and direction provided, the developers will prepare a grading plan, hydrology calculations and a soils report that will be reviewed by the City, an engineering consultant and the LRRWMO. The LRRWMO will need to review the preliminary plat and the developer will need to address any issues that are raised during that review prior to a public hearing being scheduled for the preliminary plat. Park and Recreation Commission The Park and Recreation Commission will review the request on March 22, 2018. The current Master Park Plan does not show the potential of parkland in this area which leads staff to believe that the Park and Recreation Commission would request cash -in -lieu of land for this particular development. Coordination with other Agencies The developer and/or owner are responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, LRRWMO, Minnesota Pollution Control Agency, LGU and any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding this item. NEXT STEPS Based on the feedback received on the sketch plan, the developer will modify the layout and make application for Preliminary Plat, and Final Plat. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing, take public feedback on the proposed sketch plan/PUD and informally advise the applicant on adjustments to the proposed project to conform to local ordinances and review criteria. Attachments Location Map Aerial/Wetlands Map Sketch/PUD Narrative Sketch Plan City Code 13-3-11 Desirable PUD Design Qualities Staff Comments Re ectfully s4 , Step ani L. Hanson C Cc: Joshua Bergeron, 16474 Hanson Blvd, Andover, MN 55304 Margorie Schaffer, 6451 Evergreen Court, Eden Prairie, MN 55346 a z O F U O J 1 LJ a z ry LU a The Estates at Cedar Ridge Name of Development — The Estates at Cedar Ridge Rural Residential - Planned Unit Development Properties Involved: - Property I.D.: 15-32-24-11-0003 Property Description: S1/2 OF NEIA OF SEC 15-32-24; EX RD; SUBJ TO EASE OF REC UNASSIGNED SITUS ANDOVER, MN 00000-0000 TCA: 5101IL ACRES: 17.12 Owner(s): Marjorie Ann Schaffer Property I.D.: 15-32-24-11-0002 Property Description: THE NI/2 OF NEI/4 OF NE1/4 OF SEC 15-32-24; EX SLY 330 FT OF ELY 660 FT THEREOF; EX RD; SUBJ TO EASE OF REC 16474 HANSON BLVD NW, ANDOVER, MN 55304-0000 TCA: 51011L ACRES: 12.36 LINKED PROPERTY: 1 oft Owner(s): Jeffrey Bergeron Lynda Bergeron - Property I.D.: 15-32-24-12-0001 Property Description: THE NWIA OF NEIA OF SEC 15 TWP 32 RGE 24, EX RD, SUBJ TO EASE OF REC UNASSIGNED SITUS ANDOVER, MN 55304-0000 TCA: 51011L ACRES: 40.00 LINKED PROPERTY: 2 of2 Owner(s): Jeffrey Bergeron Lynda Bergeron - Property I.D.: 15-32-24-11-0004 Property Description: That part of the southerly 330.0 feet of the easterly 798.0 feet of the NI/2 of the NEIA of the NE1/4 of Section 15, Township 32, Range 24, Anoka County, Minnesota, lying west of ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 27 16422 HANSON BLVD NW, ANDOVER, MN 55304-0000 TCA: 51011L ACRES: 4.05 LINKED PROPERTY 1 of2 Owner(s): Jill Huston Michael Huston Property I.D.: Property Description: The south 330.0 feet of the west 198.0 feet of the east 798.0 feet of the N1/2 of the NE1/4 of the NEIA of Section 15, Township 32, Range 24, Anoka County, Minnesota. UNASSIGNED SITUS ANDOVER, MN 55304-0000 TCA: 51011L ACRES: 1.50 LINKED PROPERTY 2 of 2 Owner(s): Jill Huston Michael Huston Planned Unit Development (PUD) The Estates at Cedar Ridge, referred to hereinafter as "Cedar Ridge," is a proposed single family rural residential development with an intended location west of Hanson Blvd. and north of 161 sc Ave NW, at the locations between the anticipated roadways of 163d Ave. NW and 164th Ave. NW. Cedar Ridge is intended to be built in the open areas south, west and north of the current residence and business (Dover Kennels) located at 16422 Hanson Blvd., Andover, MN 55304 and the residence located at 16474 Hanson Blvd., Andover, MN 55304. Cedar Ridge is currently planned for a total of 15 individual lots, encompassing a total of 70.98 acres from Property IDs: 15-32-24-11-0003,15-32-24-11-0002,15-32-24-12-0001 and 15-32- 24-11-0004. As city code requires rural residential property to have a minimum 2.5 acres of lot size, along with 300 feet of road frontage, I am requesting a variance from this code through the PUD process to create a development that will maintain its value for the City of Andover, MN, by creating a Plat through its design and quality, is both attractive and cost effective. When determining the proposed lot sizing for Cedar Ridge, we strove to maintain a lot size that will provide the privacy appeal of a rural residential lot, while keeping a neighborhood atmosphere for those families that choose to build in Cedar Ridge. By laying the lots out, as can be observed in the sketch drawing, Cedar Ridge provides a uniform development that utilizes existing tree lines and proposed storm water ponds and topography to create buffer zones between adjoining and adjacent lots. Of the 15 proposed lots, 13 vary in size from 1.8 acres to 2.4 acres, with the remaining two lots being 24.8 acres and 14.8 acres. This large variation in size of the two larger lots, is due to the large areas of wetlands included within those lots' boundaries. The 13 lots of size 1.8 acres to 2.4 acres are proposed to be positioned on the 30.98 acres nearest Hanson Blvd. With each of the 13 lots from 1.8 acres to 2.4 acres, a large majority of the land area within all of these lots, and nearly all of the land area in 10 of these 13 proposed lots are comprised of high ground. This high percentage of high ground within each lot will work to ensure the open space feel, and useable space of each lot. Taking into consideration other rural residential developments within Andover, MN, where home, well and septic are placed on a I acre lot, even the smallest lots within Cedar ridge are nearly double the size of other comparable developments. For the two larger lots, this open space feel and useable space considerations, are more than satisfied, with the home, well and septic areas taking up only a minimal portion of the overall lot. Cedar Ridge has been designed with two access points from Hanson Blvd, anticipated to be 163`d Ave. NW, and 160 Ave. NW. This dual access allows future residents, city personnel, and emergency response officials a safe alternative to enter Cedar Ridge during times of potential road blockage from future construction, road maintenance, or natural disasters. Working to preserve the forested areas within the boundaries of Cedar Ridge, all of the home sites planned for Cedar Ridge have been planned for areas that are presently open or non - forested. In order to create the two proposed roadways, minimal tree removal must occur. This tree removal is currently estimated at approximately 0.82 acres of land that is presently forested. The plan for the proposed roadway through Cedar Ridge has been designed to avoid traversing through the center of existing ponds, while creating a roadway which does not unnecessarily encroach on the existing residences and business near Cedar Ridge. In order to maintain an overall landscaping theme, each lot will be provided an address marker stone, indicating the street number associated to the proposed residence. This stone will be placed so it is visible among a landscaped slope, facing the streets of Cedar Ridge. The landscaping around this marker stone will be similar in context to that of the Cedar Ridge streetscapes located at the entrances to Cedar Ridge from Hanson Blvd. at the anticipated roadways of 163`d Ave. NW and 164th Ave. NW. The landscaping theme intends to include, but is not limited to boulders, Cedar trees and/or bushes, and natural grasses and foliage. The developers of Cedar Ridge also intend to work with the engineers tasked with determining the topography and grading necessary to handle storm water runoff, so that an undulating topography is achieved, that is attractive to perspective buyers, but does not inhibit effective storm water runoff management, or unnecessarily promote erosion. In furtherance of the landscaping theme and overall feel of Cedar Ridge, decorative street lighting will be selected from those options available at the time of construction. This street lighting will be installed at the required locations, under the established guidelines of the City Planners. As previously noted, the proposed lots and home placements have been designed to maintain the existing trees and forested areas of the land Cedar Ridge is intended to be developed on. In addition, planned landscaping and topography designs around the proposed lots and storm water ponds, will work to provide natural buffers between the lots themselves and between the lots and the traffic of Hanson Blvd. To ensure the lasting quality of Cedar Ridge, an architectural committee will be established to ensure the homes built within Cedar Ridge are of quality design and building materials. A homeowner's association will also be established to set specific guidelines within Cedar Ridge and to maintain the streetscapes on Hanson Blvd. W 2 i x a — -- � S 6 a rs i W 0of ry E V � N u N � 12-4 m a u m J P. W9 „ N m x I S 6 2 d V <K a°deg Puod ' 49L 12-4 0r!A 2 Z ¢ J m Z 0 o I J J J J F F F F<- Q N � IL s� U Y A, 0 PS V) O O �o S �< V O O S WO O u N i =1W O m m Nn O4F�O �V<E ° o m 0', N <V Y x I S 6 2 d V <K a°deg N 2 Z ¢ J m lu g i J J J J F F F F<- a°deg m 13-3-10: REVISIONS AND AMENDMENTS: Administrative approval of incidental changes in the PUD may be authorized by the City Planner upon review and approval by ARC. Such administrative approvals shall not substantially alter the character of the approved PUD and shall be limited to landscaping (not including quantity reduction), color schemes (not including materials), association documents, fencing, entrance monuments and decks. Changes in uses or development/design standards must be submitted for a full public hearing review process. (Amended Ord. 314, 10-4-2005) 13-3-1'I: DESIRABLE PUD DESIGN QUALITIES: The following design qualities will be sought in any PUD: A. Achieves efficiency in the provision of streets and utilities and preserves area to achieve the elements of design qualities described in this chapter. B. Provides convenient and safe access for vehicles and pedestrians and all types of activity that are anticipated to be a part of the proposed development. C. Provides a buffer between different uses, adjacent properties, roadways, between backyards of back-to-back lots. D. Preserves existing stands of trees and/or significant trees. E. Provides considerable landscaping treatments that complement the overall design and contribute toward an overall landscaping theme. F. Preserves significant usable space on individual lots or through the provision of open space within the development. G. Provides an attractive streetscape through the use of undulating topography, landscaping, decorative street lighting, decorative mailbox groupings, retaining walls, boulders, fencing, area identification signs, etc. H. The proposed structures within the development demonstrate quality architectural design and the use of high quality building materials for unique design and detailing. I. The lasting quality of the development will be ensured by design, maintenance and use guidelines established through an owners' association. (Ord. 298, 8-4-2004) 13-3-12: APPROVAL OF PLANNED UNIT DEVELOPMENT: The developer must demonstrate that the amenities and qualities of the Planned Unit Z 0 W ❑ a. U) W Z J W ❑ C7 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 U) FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Z MEMOIP.QA/D(/M LLJ TO: Stephanie Hanson, City Planner O U FROM: David Berkowitz, Director of Public Works/City Engineers LL Jason Law, Asst. City Engineer u- DATE: February 23, 2018 REFERENCE: Estates at Cedar Ridge/Sketch Plan/Review #1 The following comments are regarding Review #11: 1. Lot sizes and dimensions do not meet minimum standards. A PUD development would be required to deviate from current zoning district requirements. 2. Look at if the cul de sac can go further west to gain another lot, or is there not enough high ground? 3. Necessary improvements (turn or bypass lanes?) at Hanson Boulevard would be per Anoka County Highway Department review and guidelines. If they do not support two access points, a redesign would be needed. The City would require a secondary access for emergency vehicles. Options can be discussed if Anoka County is not supportive of the second street access. 4. Flatten the proposed curve on the northerly roadway, try to meet 35 mph design speed. Minimim 50' tangent required between reverse curves. 5. Please review all City Codes for compliance. 6. Additional comments pending further review. Note: It is a requirement that the Developer respond to each of these items in writing Lqet dhqital copy from City and type responses below original comment) when re -submitting the revised plat to the City. If you have any questions, feel free to contact Jason Law, Assistant City Engineer at (763) 767-5130 or David Berkowitz, Director of Public Works/City Engineer at (763) 767-5133. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.AN DOVE RMN. GOV TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: PUBLIC HEARING: Preliminary Plat for Winslow Cove — Outlot A, Winslow Woods 2nd Addition — Lennar Family of Builders DATE: March 13, 2018 INTRODUCTION The Planning and Zoning Commission is asked to review the Preliminary Plat for Winslow Cove. The proposed plat contains 80 urban residential lots. DISCUSSION Conformance with Local Plans and Ordinances 1. The property is located in the Metropolitan Urban Service Area (MUSA). 2. The property is currently zoned R-4, Single Family Urban. Maximum density allowed is 1.75 — 3.6 units per acre. The net density for the proposed development is 2.2 units per acre; therefore is compliant with the Comprehensive Plan. Lots Winslow Cove consists of eighty (80) urban lots but the developer plans to phase the development. The first phase will consist of approximately thirty (30) lots on the western side of the plat, being accessed from 152"d Avenue NW. Street Access Public street access to Winslow Cove will be from the north on Xeon Street NW and from the west on 150d' Lane NW and 152nd Avenue NW. During the Winslow Woods development, the future connection of Xeon Street NW and 157' Lane NW was discussed; at which time, it was determined that the connection will need to be further discussed during the next phases of development. At this time, staff recommends the connection. Sewer and Water Access The trunk sewer and water lines are located in this area and will be extended to serve the plat. Coon Creek Watershed District and Wetlands The Coon Creek Watershed District (CCWD) completed the review of the preliminary plat. The existing wetlands have been delineated and approved by CCWD. Andover Review Committee City staff continues to review revisions and work with the developer on the platting process. Attached are the most recent response letter from the developer with staff comments. Staff supports the preliminary plat moving forward; however, all staff comments will need to be addressed prior to final platting. Park and Recreation Commission Recommendation and Trails The Park and Recreation Commission reviewed the preliminary plat at their October 5, 2017 meeting. The meeting minutes are attached for your review. The Commission recommends taking a portion of land to extend Sophie's Park to the south and the remainder of park dedication in cash. The City of Andover will extend a trail from Sophie's Park to the Winslow Cove development. Also, the City proposes to purchase Lot 5, Block 5 for a trail underpass (under the railroad) to create a trail link to the eastern side of Andover. The developer and the City will continue to pursue the purchase. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing, review the proposed preliminary plat and make a recommendation to the City Council. Attachments Resolution Location Map Aerial Map February 16, 2018 Response Letter from Developer with Staff Comments October 5, 2017 Park & Rec Commission Meeting Minutes Preliminary Plat Cc: Paul Tabone, U.S Home Corp, 16305 36`s Avenue, Ste 600, Plymouth, MN 55447 Corinne Holasek, 1159 Andover Blvd, Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 1OMV2( *W4 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WINSLOW COVE" FOR PROPERTY LEGALLY DESCRIBED AS: OUTLOT A, WINSLOW WOODS 2ND ADDITION WHEREAS, the developer requested approval of a preliminary plat for Winslow Cove; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the preliminary plat to the City Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Preliminary Plat of Winslow Cove with the following conditions: 1. Park dedication as recommended by the Park and Recreation Commission at the October 5, 2017 meeting. 2. City of Andover Engineering staff comments dated February 6, 2018 shall be satisfactorily addressed prior to any grading of the site. The Andover Engineering Department will determine when all items have been addressed. 3. Coon Creek Watershed District comments shall be satisfactorily addressed, and all required permits issued prior to the grading of the site. 4. The applicant shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 5. A separate trail easement document will be required for the proposed trail easement located between the park and Block 1, Lot 11. 6. The City and developer will continue to coordinate the purchase of Lot 5, Block 5 for a trail underpass. 7. Prior to final plat recording at Anoka County, a development agreement acceptable to the City Attorney must be executed by the Developer. Adopted by the City Council of the City of Andover this day of . 2018. CITY OF ANDOVER ATTEST: Michelle Hartner, City Clerk Julie Trude, Mayor l e e C Z C Ell IL J W Q PIONEER HEIGHTS CORPORATE OFFICE CORPORATE engineering 2422 EnurprBe Orive Mendota 119lghts. MN $5120 CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS phone(651)681-1914 fax 06511681-9488 Co [if www.pionearen9x0M I ' LL RECE!�®� N MEMORANDUM TO: Stephanie Hanson, City Planner FEB 2 2 201 �Z'- UL') Qz FROM: Nicholas Polta, Pioneer Engineering z 0- CITY OF AND( m u) DATE: February 16, 2018 LL of REFERENCE: Winslow Cove/Grading, Drainage & Erosion Control Plan/Review #2 The following comments are regarding Review #1: 1. Provide a sketch plan for how the property to the south would lay out in relation to the connection to Xeon Street and how it fits in with the proposed Pond 300. Engineer's response sounded like this was submitted but we did not receive it. Ghost Plat Attached 34. Sheets 16-18: Verify that all lots meet the °2' above HWL or X above HAWL" threshold. There are several that do not. If this is not practical, for full basement or lookout lots that back up to dry ponding areas, one option is to provide Darcy's Law calculations showing that the basins drain down in sufficient time to not allow for lateral flow of water that would impact the low floors. Response said this was revised, however, Lot 1, Block 1, Lots 1-10 and 15-16, Block 4, and Lots 1-2, 7-14, 16 and 18-19 Block 5 do not meet this requirement. Provide Darcy's Law calculations to show that the basins will draw down prior to the HWL's affecting the adjacent low floors, or raise up the low floors to meet the 2' requirement. See Attached 36. Sheets 16-18: Hatch all areas where fill is proposed. Add a hatch pattern legend label. Hatch was only shown on the lot pads behind the building setback, hatch all areas being filled. Revised 42. Sheet 16: A maintenance agreement for all rain gardens that is recorded with the property they are on is required. The City will maintain stormwater ponds but rain gardens are considered as privately owned for maintenance purposes. Engineer stated that rain gardens will be maintained by a Homeowners Association or individual properties. The City requires that individual properties are responsible for the maintenance as HOA's oftentimes disband overtime. The developer can manage them with an HOA, but if the HOA disbands there still needs to be a maintenance agreement recorded with each individual property. Individual property owners will maintain the rain gardens. Does the city has a typical maintenance agreement for use? If not a separate agreement will have to be established. 52. Sheet 16: Show Maintenance Vehicle Access for Pond 100 over the storm sewer system on the west side of the pond and over the outlet to the south. VMA's where shown on plan sheet 19, however, they should also be shown on sheets 16-18 as 0L W a- 0 >w W D u- 203. Sheets 6-8: In the typical easement detail, rear yard drainage and utility easements only need to be 5' (10' called out in detail) unless there are pipes or drainage issues associated with the easement. Revised 204. Sheets 6-8: On all lots, minimize the drainage and utility easements in rear yards where there are swales and HWL areas to maximize the rear yards. Also refer to comments on grading plans for some areas of note. Revised 205. Sheet 6: Along Block 4 where there may be storm sewer pipes added between lots, D&UE shall be 10' on each side yard line (see marked up plans and grading plans). 10' D & U Easement added where necessary 206. Sheet 6: Add a D&UE in the park property along the storm sewer pipe alignment and up to the pond HWL. Revised 207. Sheet 7: Expand the D&UE between Lots 1-2, and Lots 13-14, Block 5 so it's 10' on each lot due to the storm sewer pipe along the lot lines. Revised 208. Sheet 7 and 8: The area table is cut off on both plan sheets. Revised 209. Sheet 8: Pan the plan sheet up so Lots 18 and 1,9, Block 4 show up completely. Revised 210. Sheets 9-12: Update per other plan comments. Revised 211. Sheet 13: In the lot tabulation, only call out a 100 -Year HWL for a lot if the HWL encroaches into the lot — if no encroachment put "N/A'. Update the table with revised HWL and EOF information based upon the attached hydrology review comments. Verify all elevations are consistent between the plans and table. On all lookout of full basement lots, if the low floor elevation is not at least 2' above the HWL, provide Darcy's Law calculations proving that the water elevation will not impact the low floor, or raise up the low floor preferably. For these lots, put an asterisk in the table with the following note: "Low floor elevations approved per Darcy's Law calculations." Revised, See Stormwater Report for Darcy's Law calculations 212. Sheet 14.15: Update per other plan comments Revised 213. Sheet 16: For lots 4-11, Block 4, the inclusion of rear yard storm sewer pipes and drainage swales requires drainage and utility easements over the pipes and HWL's. The easements would then make these lots not meet the 110' buildability requirement. Two options to remedy this could be, put storm sewer pipes along every other side lot lines up to 151St Lane. This would allow for rear yard drainage that would only handle runoff from one lot, which would not require a D&UE for cross drainage. Another option could be to slide 151St Lane (the street) east so the 110' buildable could be achieved on these lots. Update drainage calculations and easement accordingly. 151St Lane moved to allow for easement over rear swale and storm pipe behind lots 4-11 of block 4 while maintaining 110' buildability 214. Sheets 16-18: Show Vehicle Maintenance Access hatches on these sheets. They also show up on sheet 19, which is fine. We will need easement descriptions and exhibits in a recordable form for all VMA's. Revised 215. Sheets 16-18: Update any rain garden or pond HWL labels per hydrology comments. Make sure the hydrology models and plan elevations match. 228. Sheet 22: Make sure the Pond outlet details all match the plans and drainage report. The NWL elevation should be the outlet elevation, or orifice elevation. If the top of the proposed weir walls is not at the HWL elevation, need to call that out. There was one pond where the modeled weir wall elevation was below the HWL, but not called out to be built that way. Revised, all weir walls set to HWL of their respective ponds, normal waters set at outlet elevation 229_ Sheet 23: Add a separate street section detail for "Xeon Street NW Only." As Xeon Street is a state aid collector route, the pavement section should be 2" bit wear, 2" bit wear and 8" class 5. Same mix designs as currently shown in the detail. The City will pay for the extra section depth over the standard 3" bit and 5" class 5. Revised 230. Sheet 25: Carry comments through from other plan sheets. Revised 231. Sheet 26: Add a gate valve west of the hydrant on 152nd Avenue between lots 6 and 7. Revised 232. Sheet 26: Add a hydrant on 152nd Avenue betweert-lots-10-and 11. -This is needed _to—_ meet the 400' spacing requirement. Revised 233. Sheet 28: Change the note to "salvage and relocate" the existing hydrant to "salvage". Andover Public Works will pick up the hydrant once salvaged. Revised 234. Sheet 29: How is the existing FES invert proposed to be raised at Raingarden 500? Extend the pipe? Note added instructing to removing existing FES and construct a new one to the design invert elevation 235. Sheet 29: Revise storm sewer design in Block 4 per previous comments. Revised 236. Sheet 29: Make sure Pond outlet information matches hydrology model (slope, inverts, rim elevations, etc.). For Pond 100, set the OCS rim elevation at the HWL_ Also call out the invert elevations for the structure. Revised 237. Sheet 30: Change pipe size on 152nd Avenue to 15". Revised 238. Sheet 31: Make sure OCS 200 and OCS 300 information matches the hydrology model. Add pipe invert elevations in and out of the structures. Revised 239. Sheet 31: The elevation listed for the infiltration area hatch in the legend is incorrect. Revised 240. Sheet TR -1: Can the grade of the future trail be lessened by lowering the street? Cul -De -Sac adjusted and lowered to lessen steep grades of the future trail going down to the tunnel 201.On page 10 of the report, the infiltration elevation listed doesn't match the plans (892 vs 890). Revised 202. In the existing and proposed models, start routing for all ponds at the outlet elevations. This was discussed with the Coon Creek Watershed District and they concur that for high 212. Update drainage maps and Stormwater report based upon above comments_ Revised Note: It is a requirement that the Developer respond to each of these items in writing _di_gital copy from City and type responses below original comment) when re -submitting the revised plat to the City. If you have any questions, feel free to contact Jason Law, Assistant City Engineer at (763) 767-5130 or David Berkowitz, Director of Public Works/City Engineer at (763) 767-5133. CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS MEMORANDUM TO: Stephanie Hanson, City Planner FROM: Nicholas Polta, Pioneer Engineering DATE: February 16, 2018 MENDOTA HEIGHTS CORPORATE OFFICE 2422 Entelpdse 0110 Mendota He19hH, MN 55120 phnne(651)881-1914 fax (651) 681-9488 www.pioneeren9•<om qqV RECE FEB 2 2 2018 REFERENCE: Winslow Cove/Grading, Drainage & Erosion Control Plan/Review #2 The following comments are regarding Review #2: 1. Ghost plat property to the south. Attached 2, On the plan set, update the revision dates and signature date of the revised plans Revised 3. Who will maintain the rain gardens? Individual Home Owners will maintain the raingardens 4. Ensure all lots meet minimum area, width and depth requirements. There are discrepancies with some of the lots. Lots on the cul-de-sacs do not meet the 50 -foot required width at the right -of- way - Revised, lots adjusted to meet requirements 5. Add pipeline easement area to the table on the preliminary plat. Revised 6. Label lot width at the front yard setback to ensure each lot meets the 80 -foot required width. Revised 7. Regards to #71. Sheet 18. Engineering comment: The City is requiring a letter from the landowner (C & W Family Farm Limited Partnership) acknowledging that the large ponding area is limiting the future development of the property. The over -sized pond is eliminating the potential of a future cul-de-sac with 8 or 9 residential lots. Letter from landowner sent to City by Lennar. Regular Andover Park & Recreation Commission Meeting Minutes —October 5, 2017 Page 2 Staff is recommending cash in lieu of land. The Park and Recreation Commission is requested to review the proposed preliminary plat and provide direction on the park dedication requirements for the proposed White Pine Wilderness 3`d Addition. Motion by Butler, seconded by Marinello, to recommend cash in lieu of land for park dedication requirements for the proposed White Pine Wilderness 3`d Addition. Motion carried on a 6 -ayes, 0 -nays, and 1 -absent (Angell) vote. CONSIDE WINSLOW COVE PAl DEDICATIONREQUIREMENTS Mr. Haas reviewed this item as a continuation from the last meeting regarding the park dedication requirements for the proposed preliminary plat of Winslow Cove. Copies of five different draft preliminary plat layouts were provided for Commission review. The first copy is the draft preliminary plat that was presented at the last meeting. The next four drawings are possible layouts the developer is also considering. In reviewing the 4 new layouts they appear not to be too different from one another except for Concept 4 with the 83 homes being proposed. In either of the proposed 5 layouts, if the area at the north end that has been in question is not designated a wetland, is the Commission interested in additional park land to the south of Sophie's Park? If additional land is being recommended, staff would recommend the Commission consider extending existing the property lines of Sophies Park south to the new street that is shown on the proposed preliminary plat. If the area at the north end is determined to be wetland, is the Commission still interested in additional park land to the south or southeast (as indicated on the preliminary plat that was present at the last meeting) of Sophies Park? The US Army Corp of Engineers needs to make the final determination on whether or not it is a wetland area. Staff is recommending a trail in all of the concepts connect from Sophies Park to the proposed street to the south in Winslow Cove. Commissioner Lindahl asked for the location of the proposed trail and Mr. Haas stated it would run from Sophies Park and through the development to the south in Winslow Cove. There will also be a trail along the west side of Xeon Street NW. Commissioner Marinello asked when the answer would be received form the US Army Corp of Engineers and Mr. Haas stated that is unknown at this point. Commissioner Miskowiec stated he does not believe it is a true wetland and it will ultimately be graded out. He asked what the size of the development to the north would be and Mr. Haas stated it would be 80 lots. Commissioner Miskowiec would suggest the size of the park be expanded and would be in favor of taking a lot for parkland. Commissioner Marinello stated currently the `wetland" area is used and at times it does become wet. U) W CD N U W CL' C-5 2 CO OY Z © d U W O 2 Regular Andover Park & Recreation Commission Meeting Minutes —October 5, 2017 Page 3 Commissioner Butler stated he walked the park earlier today and the "wetland" was dry. He would prefer to wait for the wetland determination before making a decision. Commissioner Perra stated a natural area in a park is a nice feature. Ms. Carol Schmeichel stated South Sophie's Park is one of the nicest parks in the City. The park gets a lot of use. She has a petition signed by 40 residents who are in favor of additional parkland. More equipment is not necessarily needed. Pickle ball is a good addition to the park. One thing that Sophie's Park is missing is green space. Commissioner Miskowiec requested to see the petition. He questioned if park land were taken would the Commission be interested in Lot #12. Mr. Doran Cote, who is representing Lennar, reviewed the Concepts provided. Concept #4 is preferred by City Staff and Lennar. The trail was placed on the west property line to minimize the impact on the potential wetland area. Commissioner Perra asked why Concept #4 was preferred and Mr. Cote stated it makes the lots reasonably sized and shaped. Chair Stenzel asked how much cash in lieu of land would 83 lots bring and Mr. Haas stated $252,000. If three lots were taken it would be $191,000. Chair Stenzel asked if the lots would be left open space or graded. Mr. Haas stated if a greenspace area is desired some trees may need to be removed. There will need to be some storm water ponding somewhere which the developer's engineers will need to figure out. Included in the Comprehensive Plan for Sophie's Park is approximately $10,000. Maintenance costs are minimal. Mr. Haas stated there was a plan to add irrigation at some point. Chair Stenzel stated he isn't generally in favor of taking land and would prefer cash in lieu of land. Commissioner Butler stated he would not be in favor of taking land in another location. The added maintenance would be minimal. Chair Stenzel stated he is afraid requests for additions to the park would come in. Commissioner Perra stated she would be in favor of taking land. Mr. Haas reminded the Commission that most likely this development will be done in phases. If park land is recommended or not, it is still a recommendation from staff that a trail connection be made from Sophie's Park south to the new street in Winslow Cove to allow easy access to Sophie's Park. The Park and Recreation Commission is requested to review the proposed 5 preliminary plat layouts and provide direction on the park dedication requirements for the proposed Winslow Cove. Regular Andover Park & Recreation Commission Meeting Minutes — October 5, 2017 Page 4 Motion by Perra, seconded by Marinello, to take lots 12, 13, 14 in land on Concept #4 conditioned on the non -wetland designation and the remainder of park dedication in cash in lieu of land. Motion carried on a 5 -ayes, 1 -nays (Lindahl), and 1 -absent (Angell) vote. DISCUSS PEVEHILLSSOUTHPARK PLA YGROUND EQUIPMENT REPLACEMENT OPTIONS Mr. Haas requested the Park and Recreation Commission discuss Pine Hills South Park playground equipment replacement options. Since the direction is move the replacement of Purple Park playground equipment from the year of 2018 until 2019 which will allow time for the City Council to explore space needs and cost estimations for Community Center Expansion it is recommended that Pine Hills South Park playground equipment be considered for replacement in 2018. There are a couple replacement options for the Commission to consider. The first option to either replace the existing equipment with entirely new equipment or the second option is to refurbish what is there with new replacement parts which would include repainting of the posts, railings, overhead, climbers and the two -bay single post swing. To refurbish the existing equipment is estimated at $16,500 which would not include labor for installing the replacement parts. To replace the structure would cost $20,000 - $25,000. Mr. Haas noted there are some grants available. The Public Works Parks Department staff has some thoughts about replacing the existing playground equipment at the park. The thought is that since a larger playground equipment at Pine Hills North Facility is included in the Master Plan at some point for this property, it would be recommended to remove the existing 5 -12 -year-old playground equipment, relocate the 2 -5 -year-old playground equipment to where the 5 -12 -year-old playground equipment is and the two -bay swing set would be relocated to where the 2 -5 - year -old playground equipment is generally located. Mr. Haas noted the equipment currently in the park on a picture. The area where the existing swing set is now would become additional parking or green space. Staff would prefer additional parking be added. Mr. Haas suggested the Commission may wish to meet with the neighborhood. Commissioner Lindahl suggested refurbishing the equipment rather than replacement at this time. Chair Stenzel noted the ball field is used often and guesses most of the equipment use is by children in the park while their siblings play ball or soccer. Chair Stenzel asked how many playgrounds are in the City and Mr. Haas stated there are about 40. Chair Stenzel stated this park is in a rural area and he may be in favor of taking the 2-5 play structure out. Mr. Haas stated if the playground equipment was refurbished it would last another 15 years or so. 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(INVI13M /I(?/ `. ',droBi `\IN - Lwrasra unun v �r .yd \ - axv 3avxnda'--\\ .� \ cot ` \ l 6 "nIv6L9% 3l1N�,1Sl91 \ �--------- i \ Pusa Oi I \ I ; � Iv60L81 I I 12I6St \\ \ 9L i i Ll 1 I Y i I I I I I W Q 0. I IZ (7NV'IAN ew aNV -aw31Y 30Y nun p atlNlYda'-' �t a gbl ' cot LL \ \ Iv864ZC I ; � Ill � \ ZL• i I I 1 1 \ Pam \ \ I IVIZ9Ct I I M.911 1+ I l \ 1 I Y i I I I I I W Q 0. I IZ (7NV'IAN ew aNV -aw31Y 30Y nun p atlNlYda'-' �t a gbl ' 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: PUBLIC HEARING: City Code Amendments — Title 12, Zoning Regulations DATE: March 13, 2018 DISCUSSION The League of Minnesota Cities (LMC) released a memo on July 6, 2017 regarding The Religious Land Use and Institutionalized Persons Act (RLUIPA). The memo is attached for your review. The memo explains RLUIPA, in which, no government entity shall impose or implement a land use regulation in a manner that puts a substantial burden on religious exercise. In no way shall a government entity impose stricter land use regulations than that of other non- religious assembly or institutions. Other non -religious assemblies include uses such as convention/banquet centers, bowling alleys/bars, and any other uses where people assemble. Current language in the City Code limits religious institutions to the residential areas and Limited Business and Shopping Center districts. Other places of assemblies such as restaurants and theatres are allowed within more of the cities' commercial districts. At the January 23, 2018 and February 27, 2018 work sessions, City Council and the City Attorney discussed the LMC memo and proposed changes to the city code. City Council directed staff to move forward with the proposed changes. The changes are as follows: Change "Church" to "Religious Institution" throughout the code. 2. Amend Chapter 12 Permitted, Permitted Accessory, Conditional Interim and Prohibited Uses to allow Religious Institutions within the Shopping Center and General Business zoning districts. ACTION REQUIRED Staff recommends the Planning and Zoning Commission to hold a public hearing, review LMC's memo, city code and make a recommendation to City Council regarding the changes to religious institutions. Res ctfully ub . d, Step ani L. Hanson City Planner Attachments Proposed Ordinance LMC Information Memo: The Religious Land Use and Institutionalized Persons Act Draft City Code Changes 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 12: ZONING REGULATION CHAPTER 2 RULES AND DEFINITIONS SECTION 12-2-2 DEFINITIONS RELIGIOUS INSTITUTION S#URSkh A building, together with its accessory buildings and uses where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. Sign, Institutional: A sign and/or reader board that identifies the name and other characteristics of an institutional use located within designated zoning districts and allowed by this title. "Institutional signs" shall contain no advertisement. (Examples: ehWehes religious institutions, schools, sanitariums, hospitals, government buildings and nursing homes). Sign, Residential Identification: A sign identifying a resident (including address and profession, occupation or home occupation), school, sharsh religious institutions, or other non -business use. SUBORDINATE CLASSROOM STRUCTURES: Those structures erected upon a lot containing a school or shuFGh religious institution structure as the principal usejor the purposes of either classroom instruction or office use associated with the principal use, and which meet all state code requirements. (Ord. 374; 12-2-08) CHAPTER 5 SETBACK REQUIREMENTS SECTION 12-5-3: SETBACKS ADJACENT TO RESIDENTIAL AREAS: A. Business Districts: Where a business district is adjacent to a residential district, the minimum building setback from the lot line shall be thirty-five feet (35'). B. Industrial Districts: In the case of industrial districts, such minimum setback shall be seventy-five feet (75'). (Amended Ord. 8, 10-21-1970) C. The required setback of structures used for nharshes religious institutions, schools, multiple and similar uses shall be at least equal to the height of the structure or as required by City Code 12-3-5, whichever is greater. (Amended Ord. 314 10-4-05) D. Crematorium: A structure containing a crematorium shall be set back a minimum of 300 feet from any residential property line and shall also be required to meet the minimum setback requirements of City Code12-3-5 Chapter 12 RESIDENTIAL PERMITTED, PERMITTED ACCESSORY, CONDMONAL, INTERIM AND PROHBTTED USESt P- Permitted Use R-1- Single Family -Rural M-2- Multiple Dwelling PA- Permitted Accessory Use R-2- Sinpje Family- Estate C -Conditional Use aEEF0e1Nn1aS R-3- Single Family- Suburban X -Prohibited Use Rd- Single Family- Urban PUD- Planned Unit Development R-5- Manufactured Homing I_ Interim Use M-1- Multiple Dwelling- Low Density If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited Permittg.d. Permitted Interim and Prohibited Uses R-1 R-2 R-3 2 R-0' R-5 M-1 M-2 Animal Therapy Facility -on properties larger than five acres in size C C C X X X X Commercial animal training 2.5 acre minimum residential lot size C C C X X X X Commercial riding stables C X X X X X X Dog kennel license - Private (2.5 acre minimum lot size required) in compliance with City Code 54A C C C C C C C Dog kennel license - Commercial (minimum 2.5 acre lot size) in compliance with City Code 5 -IA 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 farm animal per acre above 5 acres on residential properties 5 aces 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 5' 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 XX X X X Pleasure/recreation animals on residential properties at least 2.5 acres insize in compliance with Cit Code Title 5 and definition under Ci 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 Dwelltn>rs Accessory Dwelling Unit (ADU) C X X X X X X 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 dwellin units in compliance with Ci 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 Cit Code 12-8-1 X X X X X C C Home Occu atr ions 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 X Boarders or roomers, up to two persons, by a resident family, with no private cookin-R 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 P -Permitted Use R-1- Single Family -Rural M-2- Multi le Dwelling PA- Permitted Accessory Use R-2- Single Family- Estate C -Conditional Use arEFOMOTF3 R-3- Single Family- Suburban X -Prohibited Use R-4- Single Family- Urban PUD- Planned Unit Development R -S- Manufactured Homan I- Interim Use M-1- Multiple Dwelling- Low Density If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited R-1 R-2 R -3'R43 R-5 M-1 M-2 Da care 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 massae services) as regulated by chapter 9 of this title and title 3, chapter 6 C C C C C C C a&haak 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 sbareh veli ions institution as the principal use I I I I I I I i " WO Private utilities (gas, electric, phone, cable, etc) in Compliance with City Code S-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 bound 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 CHarshes-Religious Institution 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 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 rocessin and storage) I I I I I I I Marinas C C C C C C C Public!y owned and operated property except as herein amended P P P P P P P ResortsC C C X X X X Solar EnergySystems (ground mounted) subject to Ci Code 9-15 PA X X X X X X SolarEne S stems roof mounted subject to Cit Code 9-15 PA PA PA PA PA PA PA Swimming pools and recreation areas or structures PA PA PA PA PA PA PA Uses which may be detrimental to the health, safety, and welfare of persons residing or working in the vicinity X X X X X X X (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; And. Ord. 463, 6-21-16 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 12-15-6D of this title. 2 Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private system for each forty thousand (40,000) square feet where large lots are established. This shall not apply to lots of record at the time this title is adopted. On each new plat, the lots are to be developed in accordance with this chapter and shall be so designated. 3 Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal sewer and water is not available. (Amended Ord. 314, 10-4-2005) 4 Provided a minimum of twenty five thousand (25,000) square feet of retail floor space is constructed, except as otherwise approved as part of a Planned Unit Development. 5 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 1244. 9 See 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/INDUSTRiAL PERMITTED, PERMI'I"I'ED ACCESSORY, CONDTITONAL, INTERIM AND PROMBITED USESr P-PermiltedUse GR -General Recreation PA-Pernatted Use LB -Limited Businm C -Conditional Useisaeroomvrrs NB-Neighbodwod Bush X-PmhibitedUse SC-ShoppmgCeate, PUD-PlancdUnitIkvel me=t GB-GenetalBusiness I -Interim Use I -Industrial If use Not Specifically Listed or Provided for Elsewhere in the Citv Code, It Is Prohibited Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses Zoning Districts GR LB M3 SC GB I Auto Related Uses Automobile service stations in compliance with City Code 12-8-4 X X C a C ° C C Car wash (automated) X X1 X1 C X X Car wash self service X xi xi X P P Car wady accessory to automobile service station X X X P P P School bus terminal X X X X X P Transportation terminals or motor freight terminals X X X X X X Vehicle sales new in Compliance with 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 Li uor 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 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 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 XX 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 I X X X Veterina clinics no outside ens or animal storage) X C C I C P I P Chapter 12 COMMERCIAL/INDUSTRIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES? P-PamitwdUse GR -General Recteafion PA-Pmnitted Use LB -Limited Business C -Conditional Usermmurnors NB-Neighbarhood Business X-PmlubitedUse Sc- Sh in Center PDD-PlamtedUnaDevel t GB-GatemlBusiness 1 -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 Schools K-12 X X X X X X Post -Secondary Schools C C C C C C Schools exceeding height maximum up to 45 feet in height X C C C C C Storage Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in compliance with City Code 12-8-2 X X C C C C Highway construction materials (temporary processing and storage) in compliance with City Code 12-16 1 I I I I I Mini storage indoor storage only) X X X X C C Outdoor display, storage, and sales X X C C C C Outdoor dis la , storage, and sales- during operating hours only X X C C C C Tires —Exterior storage of waste tires X X X X X X Tires — Interior storage of more than eight S waste tires X C C C C C Toxic waste storage X X X X X X Utilities Private utilities (gas, electric, phone, cable, etc) in Compliance with City Code 8-2 P P P P P P Private utility structures and/or uses (electrical transmission lines, gas pipelines, etc.) C C C C C C Public utility uses for local service P P P P P P Other Any incidental repair, processing, and storage necessary to conduct a permitted commercial or industrial principal use but not to exceed thirty percent (30%) of the floor area space of the principal building. X PA PA PA PA PA Antennas in excess of thirty-five feet (35') in height in compliance with City Code 9-12 C C C C C C Buildings (Principal) exceeding height maximum subject to City Code 12-3-5 C C C C C C Ghurehw Reli ious Institution X I 6X I X C XC X Clubs and Ind es X X X X P X Continuous operation of a business (footnote 9 & 10) X X P P xro xro Excavation (Mining) greater than 400 cubic yards when no building permit has been issued in compliance with City Code 12-16 1 I I I I I Golf courses and driving ranges C X X X X X Group Homes as regulated by State Statute X X X X X X Junkyards X X X X X X Land Reclamation in compliance with City Code 12-16 I 1 I I Landfills X X X X Manufacturin X AP X P P Marinas C X X X Offices X P P P Public' owned and operated property except as herein amended P P P P I P I P Research laboratories X X X X P P Swimming pools and recreation areas or structures PA PA PA PA PA PA 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 Wholesale businesses X X X X P P Wind Energy Conversion Systems (WECS)-as defined in and in compliance with Title 9, Chapter 13 of this code. WECS are prohibited on WDE site. C C C C C C (Amended Ord. 8,10-21-1970; amd. Ord. 8JJJJJJ, 7-18-2002; Ord. 8000000,8-5-2002; Ord.8000QQQ,10-1-2002; Ord. 8RRRRRP, 10-1-2002; and. 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 12-15-6D of this title. 2 Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private system for each forty thousand (40,000) square feet where large lots are established. This shall not apply to lots of record at the time this title is adopted. On each new plat, the lots are to be developed in accordance with this chapter and shall be so designated. 3 Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal sewer and water is not available. (Amended Ord. 314, 10-4-2005) 4 Provided a minimum of twenty five thousand (25,000) square feet of retail floor space is constructed, except as otherwise approved as part of a Planned Unit Development. 5 Loading berths prohibited in the LB district. 6After 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 13-2-4 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 12-4-4. 9 Sec 12-2-2 for definitions of 'Continuous Operation and Non -continuous Operation". (Amended Ord. 421, 10-2-12) 10From November 15th to January I st continuous operation will be allowed in the General Business and Industrial Zoning District. (Amended Ord. 424,11-7-12) 11 See subsection 12-9-2 of this code for permitted home occupations. CHAPTER 13 PERFORMANCE STANDARDS SECTION 12-13-8 OFF STREET PARKING REQUIREMENTS 5. Calculating Space: a. When determining the number of off street parking spaces, fractional results of one-half (1/2) or more shall constitute another space. b. In stadiums, sports arenas, charshes religious institutions and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty two inches (22") of such seating facilities shall be counted as one seat for the purpose of determining requirements. c. On a structure containing two (2) or more types of use, each use shall be calculated separately to determine the total number of off street parking spaces required, except as provided for under joint parking and shopping centers. 8. Lighting: IESNA EXTERIOR LIGHTING GUIDELINES s General Parkin And Pedestrian Vehicle Use Area Only Land Use Minimum Minimum Foot- Uniform Foot- Uniform Average Candles Ratio Average Candles Ratio High Major league athletic events 3.6 0.9 4:1 2.0 0.67 3:1 Major cultural or civic events Regional shopping centers (300,000 square feet or greater) Medium Fast food facilities Community shopping centers 2.4 0.6 4:1 1.0 0.33 3:1 (5,000 —299,999 square feet) Cultural, civic, or recreational events Office parks Hospital parking Transportation parking (airports, commuter lots, etc) Low Residential complex parking Neighborhood shopping 0.8 0.2 4:1 0.5 0.13 4:1 (under 5,000 square feet) Industrial employee parking Educational facility parking ShNreh religious institution parking d t 'es b. For the purposes of Interpreting IESNA standards, Ian use ca ego shall be interpreted by the Community Development Director. c. Any lighting used to illuminate the off street parking area shall be fully shielded with a total cutoff angle equal to or less than ninety degrees (90.)• G. Number Of Spaces Required: The following minimum number of off street parking stalls shall be provided and maintained by ownership for the respective uses hereinafter set forth: Gharsh, Religious Institution, theater, auditorium Spaces Required 1 space for each 3 seats of the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this title School, high school through college At least 1 space for each 7 students and private and day or shafsh religious based on maximum design capacity, institution schools plus 1 additional space for each 3 classrooms 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 2018. ATTEST: Michelle Hartner, City Clerk CITY OF ANDOVER Julie Trude, Mayor RELEVANT LINKS: W in D 47 u.s.c. § 303 (v). The Federal Communications Commission also has exclusive jurisdict: O ro 47 c.F R § 25.104.over direct to home satellite dishes. Its regulations pre-empt local W J ordinances that prohibit or regulate satellite dishes of one meter or less use regulation in a manner that puts a substantial burden on the religious all areas and two meters or less in commercial areas. Cities may applyU Z) 2 o the FCC for a waiver to allow local regulation of satellite dishes upon : 6 showing by the applicant that local concerns of a highly specialized or m unusual nature create a necessity for local regulation. Religious exercise includes the use, building, or conversion of real b. The Religious Land Use and Institutionalized Persons Minor costs or inconveniences imposed on religious institutions do not trigger RLUIPA's protections. The burden must rise to the level of "substantial." Once the institution has shown a substantial burden on its religious exercise, the city must demonstrate that the reason for imposing a restriction is "compelling." Cities should carefully consider whether an ordinance requires religious uses to undergo any particular approval process. If the ordinance leaves the city with significant discretion over the approval and conditions that may be attached, a city likely may find itself defending a substantial burden challenge under RLUIPA. Ie addition to weighing the "compelling" government interest of a regulation against the substantial burden on the religious exercise caused by that regulation, RLUIPA also states a government may NOT impose or implement a land use regulation in a manner that: Church ,•. City ofst. o Treats a religious assembly or institution on less than equal terms with Mchael, 205 F.Supp341014 (D.Mion. 2016). a non -religious assembly or institution. However, courts have stated 42 U.S.C. § 2000cc(b)(1). that mandating identical treatment of all secular assemblies and churches could lead to nonsensical results. • Discriminates against any assembly or institution based on religion or religious denomination. League of Minnesota Cities Information Memo: 7/6/2017 Zoning Guide for Cities Page 15 Act 42 U.S.C. § 2000co The Religious Land Use and Institutionalized Persons Act (RLUIPA) of See Department of Justice 2000 provides that no government entity shall impose or implement a land RLUIPA Policy Statement, use regulation in a manner that puts a substantial burden on the religious Sept. 2010. exercise of a person, religious assembly or religious institution, unless the church V. City ofst. government can show the burden furthers a compelling government (n Mirnn.2016). J, 205 F.Supp3d 1014 (D.Mi interest and is the least restrictive means of furthering that interest. Religious exercise includes the use, building, or conversion of real 42 U.S.C. § 2000cc(a)(2). property for the purpose of religious exercise. As a result, in some 42 U.S.C, § 2000co-5(7)(B). circumstances, a religious use may be exempted from city zoning requirements, if the regulation substantially burdens the religious organization or person's exercise of religion. Minor costs or inconveniences imposed on religious institutions do not trigger RLUIPA's protections. The burden must rise to the level of "substantial." Once the institution has shown a substantial burden on its religious exercise, the city must demonstrate that the reason for imposing a restriction is "compelling." Cities should carefully consider whether an ordinance requires religious uses to undergo any particular approval process. If the ordinance leaves the city with significant discretion over the approval and conditions that may be attached, a city likely may find itself defending a substantial burden challenge under RLUIPA. Ie addition to weighing the "compelling" government interest of a regulation against the substantial burden on the religious exercise caused by that regulation, RLUIPA also states a government may NOT impose or implement a land use regulation in a manner that: Church ,•. City ofst. o Treats a religious assembly or institution on less than equal terms with Mchael, 205 F.Supp341014 (D.Mion. 2016). a non -religious assembly or institution. However, courts have stated 42 U.S.C. § 2000cc(b)(1). that mandating identical treatment of all secular assemblies and churches could lead to nonsensical results. • Discriminates against any assembly or institution based on religion or religious denomination. League of Minnesota Cities Information Memo: 7/6/2017 Zoning Guide for Cities Page 15 RELEVANT LINKS: • Totally excludes religious assemblies from their jurisdiction or unreasonably limits religious assemblies, institutions, or structures within a jurisdiction. • Unreasonably limits religious assemblies, institutions, or structures within its jurisdiction. 42 U.S.C. g 2000co-3(e). RLUIPA contains a "safe harbor" provision, which allows a government to avoid RLUIPA's pre-emptive force' by changing its policies and church v. City ofsa Mchael, 205 F.Supp3d 1014 practices, by retaining the policy or practice and exempting the (D.Minn. 2016). burdened religious exercise, by providing exemptions from substantially the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden. Additionally, some ordinances now employ a broad definition of `places of assembly" that include both religious and non -religious uses. This approach may go a long way toward protecting the city from an equal terms challenge under RLUIPA. It is important to recognize that RLUIPA does not shield religious institutions from all land use regulation. A zoning ordinance can be enforced as long as it does not discriminate against or exclude religious uses, does not treat religious uses less favorably than comparable non- religious uses, and does not impose a substantial burden. CVy ofWoodinvina v. Activities beyond worship services for religious institutions may Northshore United Church of potentially be protected by the RLUIPA as well, including schools and Il Christ, 211 P.3d406(Wash 2009). childcare. However, this is an unsettled area of the current law. McGann vina KIL Ofold Westbury, 719 N.Y.S2d 803 (N.Y. Sup. 2000). Wdliaw Ishmd Synagague, Since RLUIPA was adopted in 2000, numerous cases have been brought in Inc. v. City ofAventura. 358 F.Supp2d 1207 (SD. Fie. t federal court concerning the laws application to various city zoning in the 8th Circuit (which includes 2005). requirements. However, federal courts Guns Nmtak Sikh Society ofMinnesota have not ruled on many RLUIPA cases. If a city has concerns Yuba City V. Caunry of Saner, 326FSupp2d 1140 about RLUIPA, the city should consult its attorney for specific guidance. (FD. CaL 2003). Cottonwood Christian Center v. Cypress Redevelopment Agmy, 218 F.Supp2d 1203 (CD. Cal. 2002), Civil Liberties for Urban Believers Y. City of ChW490, 342 F.3d 752 (C.A.7 (Ill) 2003). . 4. Federal and state constitutional concerns vin ofBuaid, Ohio v. Zoning regulations limit the ability of landowners to use their property in Ambler Realty Co., 272 U.S. any manner they wish. 365(1926). 7/6/2017 League of Minnesota Ci0es Infonnalim Memo. page 16 Zoning Guide for cities 12-2-2 DEFINITIONS RELIGIOUS INSTITUTION 6#DRSH: PROPOSED CODE CHANGES A building, together with its accessory buildings and uses where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. Sign, Institutional: A sign and/or reader board that identifies the name and other characteristics of an institutional use located within designated zoning districts and allowed by this title. "Institutional signs" shall contain no advertisement. (Examples: eharehes religious institutions, schools, sanitariums, hospitals, government buildings and nursing homes). Sign, Residential Identification: A sign identifying a resident (including address and profession, occupation or home occupation), school, shHrsh religious institutions, or other non -business use. SUBORDINATE CLASSROOM STRUCTURES: Those structures erected upon a lot containing a school or shureh religious institution structure as the principal use, for the purposes of either classroom instruction or office use associated with the principal use, and which meet all state code requirements. (Ord. 374; 12-2-08) 12-5-3: SETBACKS ADJACENT TO RESIDENTIAL AREAS: A. Business Districts: Where a business district is adjacent to a residential district, the minimum building setback from the lot line shall be thirty-five feet (35'). B. Industrial Districts: In the case of industrial districts, such minimum setback shall be seventy-five feet (75'). (Amended Ord. 8, 10-21-1970) C. The required setback of structures used for shafshes religious institutions, schools, multiple and similar uses shall be at least equal to the height of the structure or as required by City Code 12-3-5, whichever is greater. (Amended Ord. 314 10-4-05) D. Crematorium: A structure containing a crematorium shall be set back a minimum of 300 feet from any residential property line and shall also be required to meet the minimum setback requirements of City Code12-3-5 12-12 Permitted. Canditonal and Prohibited Uses RESIDENTIAL PERMITl %PERMITTED ACCESSORY, CONDTTIONAL, INTERIM AND PROHIBITED USESr P -Permitted Use R-1 SingJe Famil -Rural M-2 Multiple Dwell' PA- Permitted Accessory Use R-2 Single Family- Estate RR Single Family Rural Reserve C- Conditional Use MFooTMorES R-3 Single Family- Suburban X Prohibited Use RA single Family- Urban PUD- Planned Unit Develo ment R-5 Manufactured Housin I- Interim Use M-1 Multiple Dwelling- Low Density II Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited Permitted- Permitted Accessn". 7anditio Interim and Prohibited RR R-1 R-2 R-3 ng Diptricts R4 I R-5 M-1 M-2 Ruh Animal Therapy Facility -on properties larger than five acres in size C C C C X X X X Commercial animal training 2.5 acre minimum residential lot size C C C C X X X X Commercial ridin stables C 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 C com liance with Ci Code 5-1A Dog kennel license - Commercial (minimum 2.5 acre lot size) in compliance C C C C C C X X with City Code 544 Domestic animals in compliance with Ci Code Title 5 PA 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 P X X X X 20 animals' and definition under City Code 12-2 Farm animals greater than allowed as a permitted use on residential properties City Code Title 5' and definition under C C C C X X X X 5 acres or greater in compliance with City Code 12-2 Feedlots, except Anoka Independent Grain and Feed Inc. which is a permitted X 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 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 P X X X X compliance with City Code Title 5 and definition under City Code 12-2 Dwellings Accessory Dwelling Unit (ADU) C C X X X X X 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 X PUD X X acres in size X X X X X X PUD PUD Multiple dwellin Relocated dwelling units in compliance with City Code 9-11 C C C C C C C C Single-family residential buildings (detached) P P P P P PUD PUD PUD Single-family residential buildings (attached) and townhouses X X X X X X PUD PUD Temporary Family Health Care Facility X X X X X X X X Two-family home convemions (splits) in compliance with City Code 1278-1 X X X I X I X X C C Home Occupations Home occupations within principal structure in compliance with City Code PA PA PA PA PA PA PA12-9 Home occupations in accessory structure on a parcel of land three (3) acres or larger utilizing an accessory structure and/or exterior storage in compliance C C C C C C :PA Cwith Ci Code 12-9bersho s and beau salons C C C C C C C PSin a Famil -Rural M-2- Multi le Dwellin - Permitted UseX47" eakfast C C C C C C X X RR roomers, up to two persons, by a resident family, with no private cilities PAp Da are Facility -Group Family PA PA PA PA PA PA p FBoardem aking/wood working (home occupation) in compliance with City C C X X X X X X X al greenhouse C C C C X X X X p enters- Home Occupation 12 or fewer children C P P P P P P P PA Da care Centers -Home Occupation 13 or more children P C C C C C C C PSin a Famil -Rural M-2- Multi le Dwellin - Permitted UseX47" ed Accesso Use Farm - Estate Single Family Rural Reserveal Use' SUFOMOTESFamily- Suburband Use F - Urband Unit Develo mentactured Housine le Dwelling- Low e Not Specifically Listed or Provided for Elsewhere in the City Code, it Is Prohibited RR R-1 I R-2 R-3' R4 a R-5 M-1 M-2 Da are Facility -Group Family p I p I p I p p p p p Farm Wineries subject to City Code 12-9-12 PA PA C C X X X X GroupHomes as re ated b State Statute C P p p p p p p Office in com liance with Ci Code 12-9 C PA PA PA PA PA PA PA Therapeutic massage establishment (as a home occupation offering on site massae services as regulated b chapter 9 of this title and title 3, chapter 6 p C C C C C C C . Look K-12 Schools P P P P P P X X Post -secondary Schools PA C C C C C X X Schools exceeding hei t maximum up to 45 feet in height C C C C C C C C Subordinate Classroom Structures (when located on a licensed Primary and/or Second schoolproperty) C I I I 1 I I I Subordinate Classroom Structures (when located on a property where there is aehureh religious institution as the principal use) P I I I I I I I i tiliti c Private utilities (gas, electric, phone, cable, etc) in Compliance with City Code 8-2 P 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 C Public utility uses for local services P P P p P p p p Other Agricultural uses- rural outside MUSA bound on] P P P P X X X X Agricultural uses- urban P 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 C Buildings (Principal) exceeding height maximum subject to City Code 12-3-5 C 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 C X X X X X X Camplzrounds, clubs and ranges, archery ranges, racetracksC C X X X X X X Cemeteries P C C C C C C C Chumhes-Reli ious Institution C C C C C C X X Clubs and lodges C C C C C C C C Wind Energy Conversion Systems (WECS)-as defined in and in compliance C I C I C I C I C I 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) I Conditional use permits for uses not listed herein shall not be granted except where the city council determines that said uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by conditional use permit and in accordance with the criteria as stated in subsection 12-15-61) of this title. 2 Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private system for each forty thousand (40,000) square feet where large lots are established. This shall not apply to lots of record at the time this title is adopted. On each new plat, the lots are to be developed in accordance with this chapter and 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. 6After 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 13-2-4 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 12-4-4. 9 Sec 12-2-2 for definitions of "Continuous Operation and Non -continuous Operation". (Amended Ord. 421, 10-2-12) 1OFrom November 15th to January 1 at continuous operation will be allowed in the General Business and Industrial Zoning District. (Amended Ord. 424, 11-7-12) 11 See subsection 12-9-2 of this code for permitted home occupation Chapter 12 CONDIERCIAL/INDUSTRIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES? P-PemittedUse GR- General Retaeadon PA-PemtiltedA Use LB -Limited Business C -Conditional Useiseenwmmrs NRNeighborhoodBusiness X-PrdubitedUse SC-Shoppmg Center PUD-PlartnedIInkDevel t GB -General Business I-InteimUse 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 b C 4 C C Car wash automated X X X C X X Car wash selfservice X X X X P P Car wash, accessory to automobile service station X X X P P P School bus terminal X X X X X P Transportation terminals or motor freight terminals X X X X X X Vehicle sales new in Compliance with 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 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, gap clubs and ranges, archery ranges, racetracks C X X X X X Christmas bee sales X 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 Da care 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 X1 C Medical and dental clinics X P P P P P Medical clinic - continuous operation X I C C1 C C C Mortuaries and funeral homes without crematorium X P P1 P P P Pawnbrokers- as defined in Title 3, Chapter 4 of the City Code X X X1 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 P1 P I P Resorts C X X X X X Restaurants/cafes P C P P P I 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, Ch ter 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 Ener S stems(ground mounted X X X X X X Solar Ener S stems roof mounted PA PA PA PA PA PA Chapter 12 COMMERCIAL/INDUSTRIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROMB]TED USES P -Permitted Use GR -General Recreation PA-Pemutted Use LB -Limited Business C -Conditional Usersrammrvmrs NB-NeighborhoodBusmess X- Prohibited Use SC-Sh in Center I'MPlazaredUnADevel ent GB•GenemlBusimess 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 Schools K-12 X X X X X X Post -Secondary Schools C C C C C C Schools exceeding height maximum up to 45 feet in height X C C C C C Storage Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in compliance with City Code 12-8-2 X X C C C C Highway construction materials (temporary processing and storage) in compliance with City Code 12-16 I I I I I I Mini storage indoor storage only) X X X X C C Outdoor display, storage, and sales X X C C C C Outdoor display, storage, and sales- during operating hours only X X C C C C Tires - Exterior storage of waste tires X X X X X X Tires - Interior storage of more than eight 8 waste tires X C C C C C Toxic waste storage X X X X X X Utilities Private utilities (gas, electric, phone, cable, etc) in Compliance with City Code 8-2 P P P P P P Private utility structures and/or uses (electrical transmission lines, gas pipelines, etc. C C C C C C Public utility uses for local service P P P P P P Other Any incidental repair, processing, and storage necessary to conduct a permitted commercial or industrial principal use but not to exceed thirty percent (30%) of the floor area space of the principal building. X PA PA PA PA PA Antennas in excess of thirty-five feet (35') in height in compliance with City Code 9-12 C C C C C C Buildings (Principal) exceeding height maximum subject to City Code 12-3-5 C C C C C C Gkw4es Reli 'ous Institution X GX X C XC X Clubs and lodges X X X X P X Continuous operation of a business (footnote 9 & 10) X X P P Xro Xro Excavation (Mining) greater than 400 cubic yards when no building permit has been issued in compliance with City Code 12-16 I I I I I I Golf courses and driving ranges C X X X X X Group Homes as regulated by State Statute X X X X X X Junkyards X X X X X X Land Reclamation is compliance with City Code I2-16 I I I I I I Landfills X X X X X X ManufacturingX X X X P P Marinas C X X X X X Offices X P5 P P P P Publicly owned and operated ro ertexcept as herein amended P P P P P P Research labomtories X X X X P P Swimmingpools and recreation areas or structures PA PA PA PA PA PA Uses which may be detrimental to the health, safety, and welfare of persons residing or working in the vicinity X X X X X X Wholesale businesses X X I X I X I P I P Crafts and antique businesses in buildings designated as historical sites by a X X X X X X X C county. state or nationally recognized historical organization Garages and Accessory Structures in coin fiance with City Code 12-6 PA PA PA PA PA PA PA PA Golf courses and driving ranges - C C C C C C C C I JUghway construction materials tem processing and storage) I I I I I I I C C C C C C C C Marinas Publicly owned and operated property except as herein amended P P P P P P P P C C C C X X X X Resorts SolatEnagyS stems and mounted subject to City Code 9-15 PA PA X X X X X X Solar Energy Systems roof mounted subject to City Code 9-15 PAPA PA PA PA PA PA -P— Swimming pools and recreation areas or structures PA PA PA PA PA PA PA PA Uses which may be detrimental to the health, safety, and welfare of persons X 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 C ... —1 _ n n,.__.__ 11 ..a ;- --Ae ilm:(`C oro ,.enhi6itrd nn WDF Site_ (Amended Ord. 8,10-21-1970; sold. Ord. 81JJJJJ, 7-18-2002; Ord. 8000000, 8-5-2002; Ord.8000QQQ, 10-1-2002; Ord. 8RRRRRR, 10-1- 2002; sold. 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; Amd. Ord. 463, 6-21-16; Amd. Ord. 468,6-6-17) 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 13-2A 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 12AA. 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) 12-13-8 OFF STREET PARKING REQUIREMENTS 5. Calculating Space: a. When determining the number of off street parking spaces, fractional results of one-half (112) or more shall constitute another space. b. In stadiums, sports arenas, Ghumhes religious institutions and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty two inches (22") of such seating facilities shall be counted as one seat for the purpose of determining requirements. c. On a structure containing two (2) or more types of use, each use shall be calculated separately to determine the total number of off street parking spaces required, except as provided for under joint parking and shopping centers. 8. Lighting: IESNA EXTERIOR LIGHTING GUIDELINES b. For the purposes of Interpreting ItbI%JH stanaams, land use cutuvul ica shall be interpreted by the Community Development Director. c. Any lighting used to illuminate the off street parking area shall be fully shielded with a total cutoff angle equal to or less than ninety degrees (90°). General Parkin And Pedestrian Vehicle Use Area Only Land Use Minimum Minimum Foot- Uniform Foot- Uniform Average Candles Ratio Average Candles Ratio High Major league athletic events 3.6 0.9 4:1 2.0 0.67 3:1 Major cultural or civic events Regional shopping centers (300,000 square feet or greater) Medium Fast food facilities Community shopping centers 2.4 0.6 4:1 1.0 0.33 3:1 (5,000 —299,999 square feet) Cultural, civic, or recreational events Office parks Hospital parking Transportation parking (airports, commuter lots, etc) Low Residential complex parking Neighborhood shopping 0.8 0.2 4:1 0.5 0.13 4:1 (under 5,000 square feet) Industrial employee parking Educational facility parking church religious institution parking b. For the purposes of Interpreting ItbI%JH stanaams, land use cutuvul ica shall be interpreted by the Community Development Director. c. Any lighting used to illuminate the off street parking area shall be fully shielded with a total cutoff angle equal to or less than ninety degrees (90°). G. Number Of Spaces Required: The following minimum number of off street parking stalls shall be provided and maintained by ownership for the respective uses hereinafter set forth: Type of Use Parking Spaces Required Shufsh, Religious Institution, theater, auditorium School, high school through college and private and day or shursh religious institution schools 1 space for each 3 seats of the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this title At least 1 space for each 7 students based on maximum design capacity, plus 1 additional space for each 3 classrooms