HomeMy WebLinkAbout05.12.201685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
Andover Planning and Zoning Commission
Meeting Agenda
May 12, 2020
Andover City Hall
7:00 p.m.
1. Call to Order
2. Pledge of Allegiance
3. Approval of Minutes —February 11, 2020 Work Session Meeting
4. Approval of Minutes —February 11, 2020 Regular Meeting
5. Public Hearing — Amendment to City Code Title 12, Chapter 13, Section 22: —
Interim Performance Standards — City of Andover (Applicant)
Public Hearing — Amendment to City Code Title 12, Chapter 13, Section 8: - Off -Street Parking
Requirements - City of Andover (Applicant)
7. Public Hearing — Consider City Code Amendments related to "Sight Triangles" ("Clear View
Triangles") in Title 12- Zoning Regulations, Chapter 2 — Rules and Definitions, 2 — Definitions;
Title 12 Zoning Regulations, Chapter 13 — Performance Standards, 6 — Landscaping of
Nonresidential Properties — Subsection G- Restrictions (3); and Title 12 Zoning Regulations
Chapter 13 — Performance Standards, 10 — Traffic Control - Subsection C
8. Other Business
9. Adjournment
Please note:
Some or all members of the Andover Planning & Zoning Commission may participate in the May 12, 2020
meeting by telephone or video conference call rather than by being physically present at the Commission's
regular meeting place at the Andover City Hall, 1685 Crosstown Blvd NW, Andover, MN 55304.
Members of the public can watch the meeting live on the government access channel, web stream via QCTV.org
or physically attend at Andover City Hall. Please keep in mind that seating in the City Council Chambers is
currently very limited as appropriate social distancing will be practiced by the Commission and visitors. The
public can also participate in the public hearing remotely through the video conference call. A link to the call
will be available on the Planning Department website the day of the meeting.
to I *
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: Approval of Minutes — February 11, 2020 Work Session and February 11, 2020
Regular Meeting Minutes
DATE: May 12, 2020
REQUEST
The Planning and Zoning Commission is requested to approve the February 11, 2020 Work
Session and February 11, 2020 regular meeting minutes.
1
2
3
4
5
6
7 PLANNING AND ZONING COMMISSION WORK SESSION MEETING
8 FEBRUARY]], 2020
9
10 The Work Session Meeting of the Andover Planning and Zoning Commission was called
11 to order by Chairperson Bert Koehler IV on February 11, 2020, 6:00 p.m., at the Andover
12 City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
13
14 Commissioners present: Karen Godfrey, Scott Hudson, Nick Loehlein, Mary
15 VanderLaan, Marni Elias, and Dawn Perra
16
17 Commissioners absent: None
18
19 Also present: Community Development Director Joe Janish
20 City Planner Peter Hellegers
21 Associate Planner Jake Griffiths
22 Others
23
24
25 DISCUSSION— COMPREHENSIVE PLAN UPDATE
26
27 Community Development Director Janish explained the 2040 Comprehensive Plan was not
28 approved by the Met Council due to density requirements. Mr. Janish stated the Met
29 Council required higher density and more affordable housing within the MUSA. Mr. Janish
30 explained the Met Council defines affordable housing as 8 units per acre or higher.
31
32 Mr. Janish presented the original density plan and the revised plan that has been worked
33 on by staff and Council. Mr. Janish explained the process to identify these areas included
34 sewer and water capacity, roadways, planning rules, and Council input. Mr. Janish stated
35 staff created two new classifications in the land use categories: urban residential medium
36 (8-12 units per acre) and urban residential high low (12-20 units per acre). Mr. Janish
37 detailed how this method resolved the density and affordable housing requirements of the
38 Met Council. Mr. Janish reported on how staff and Council identified the locations of
39 higher density.
40
41 Chairperson Koehler asked for a definition of MUSA. Mr. Janish stated MUSA is the
42 Metropolitan Urban Service Area which provides water and sewer service. The City must
43 have the capacity to serve the areas reserved for development within the MUSA.
44
45 Commissioner Godfrey asked for an explanation of the significance of requiring PUDs, in
46 the higher density areas and how that protects Andover's culture. Mr. Janish stated if a
Andover Planning and Zoning Commission Work Session Meeting
Minutes — February 11, 2020
Page 2
1 developer wants to develop at 8 units or greater, PUDs establish certain criteria to put the
2 burden on the developer to create a more efficient development than the code requires them
3 to do. This process allows the Planning and Zoning Commission and the City Council to
4 have more constructive input by the City.
5
6 Chairperson Koehler stated PUDs put a lot of work on the Planning and Zoning
7 Commission's plate. He would like a working session regarding the requirements,
8 engineering, and emergency services to better address PUDs. Mr. Janish explained the
9 approval process staff talks in-house with engineering, emergency services, and public
10 works prior to coming to the Planning and Zoning Commission. Chairperson Koehler
11 stated he would like to have the background information stating the reasons the City has
12 concerns with a project.
13
14 Mr. Janish stated staff is working on updating the entire Comprehensive Plan to match the
15 population estimate based on the change the City made for the density requirements.
16
17 Commissioner Elias asked what would happen if the City didn't comply with the Met
18 Council's requirements. Mr. Janish stated the City would then work off the old Comp Plan
19 and the Met Council could stop issuing permits to extend the sewer which would stall
20 development and potential tax increases.
21
22 Chairperson Koehler asked if the City has received any indications developers are
23 interested in building an apartment building. Mr. Janish stated the City has received some
24 interest from developers. Mr. Janish identified the locations where an apartment building
25 can be built. He stated Andover is not in the market for a large apartment complex which
26 attracts more developers.
27
28 Commissioner Perra asked about the employment requirements of the Met Council. Mr.
29 Janish stated there are not specific requirements about employment, just the number of
3o employees.
31
32 OTHER BUSINESS
33
34 Chairperson Koehler briefly explained the upcoming meeting agenda of the Planning and
35 Zoning Commission.
36
37 ADJOURNMENT
38
39 The workshop adjourned at 6:55 p.m.
40
41 Respectfully Submitted,
42
43 Shari Kunza, Recording Secretary
44 TimeSaver Off Site Secretarial, Inc.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
PLANNING AND ZONING COMMISSION MEETING — FEBRUARY 11, 2020
The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Bert Koehler IV on February 11, 2020, 7:00 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Karen Godfrey, Scott Hudson, Nick Loehlein, Mary
VanderLaan, Marni Elias, and Dawn Perra
Commissioners absent: None
Also present: City Planner Peter Hellegers
Associate Planner Jake Griffiths
Others
PLEDGE OFALLEGIANCE
OATH OF OFFICE — COMMISSIONERS MARY VANDERLAAN, IVIARNI ELIAS,
AND DAWNPERRA
APPOINTMENT OF CHAIRPERSONAND VICE CHAIRPERSON
Chairperson Koehler explained the Commission chooses their own Chair and Vice Chair
and reports it to the City Council.
Motion by VanderLaan, second by Godfrey, to nominate Bert Koehler IV as Chair of the
Planning and Zoning Commission. Motion carried on a 7 -ayes, 0 -nays, 0 -present vote.
Motion by Hudson, second by Koehler, to nominate Karen Godfrey as Vice Chair of the
Planning and Zoning Commission. Motion carried on a 6 -ayes, 0 -nays, 1 -present
(Godfrey) vote.
APPROVAL OF MINUTES
December 10, 2019
Commissioner VanderLaan requested a change on page 4, lines 42-45: Mr. Janish stated
a code amendment "for an impound lot" was recommended to the Commission.
Motion by Loehlein, seconded by Godfrey, to approve the minutes amended. Motion
carried on a 5 -ayes, 0 -nays, 2 -present (Elias and Perra) vote.
Regular Andover Planning and Zoning Commission Meeting
Minutes — February 11, 2020
Page 2
1 PUBLIC HEARING: Conditional Use Permit (CUP) for On -Sale Liquor License —
2 13735 Round Lake Blvd. NW, Suite 105 — Margie's Kitchen and Cocktails - Justin
3 Ahlstrom (Applicant)
4
5 Associate Planner Griffiths presented the Conditional Use Permit for an On -Sale Liquor
6 License for Margie's Kitchen and Cocktails. Mr. Griffiths stated the business is a permitted
7 use on the property and is only before the Planning Commission for the Liquor License.
8 Mr. Griffiths explained the applicant must meet the requirements of State Statute and the
9 Commission may recommend additional requirements to the City Council. Mr. Griffiths
10 outlined the review requirements for approval or denial of the CUP.
11
12 Commissioner Loehlein asked if the CUP travels with the property or the owner. Mr.
13 Griffiths replied the CUP is a land right and stays with the property and not the business
14 owner.
15
16 Commissioner VanderLaan asked about the sunset clause on the resolution. Mr. Griffiths
17 stated if the business does not make substantial progress within one year, the City can
18 revoke the CUP.
19
20 Commissioner Elias asked if staff could ask the property owner make improvements to the
21 business parking lot. She stated she witnessed several close calls and asked if the owner
22 can be required to make improvements. Mr. Griffiths stated the site was approved when
23 originally built and staff cannot require additional improvements unless significant changes
24 were proposed. The applicant has indicated they are planning to make some minor
25 improvements to the lot.
26
27 Commissioner Godfrey asked staff to address public comments received by email or phone.
28 Mr. Griffiths received one email comment stating support for the CUP if enhancing the
29 service of the business but not if it is going to be used as a bar/tavern. Commissioner
30 VanderLaan stated the Commission normally gets addresses from commenters and asked
31 if this person was a resident and if they live close to the property. Mr. Griffiths replied the
32 City does not have an email, address, or phone number regarding the commenter.
33
34 Chairperson Koehler asked staff to clarify Item 2 allowing liquor to be served outside. Mr.
35 Griffiths stated the applicant has indicated they may want to serve liquor on an outdoor
36 patio and must follow requirements for fencing if they choose to do so. He stated there are
37 other businesses in the City that have similar layouts.
38
39 Motion by Loehlein, seconded by Hudson, to open the public hearing at 7:25 p.m. Motion
40 carried on a 7 -ayes, 0 -nays, 0 -absent vote.
41
42 Justin Ahlstrom, business owner, came forward for questions. Commissioner VanderLaan
43 thanked Mr. Ahlstrom for opening a business in Andover. She asked for clarification of
44 his business address and LLC. Mr. Ahlstrom stated he has two LLCs, one that operates
45 out of his home, and one that operates at the address of Margie's Kitchen and Cocktails.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Regular Andover Planning and Zoning Commission Meeting
Minutes —February 11, 2020
Page 3
Chairperson Koehler asked Mr. Ahlstrom if a year was enough for him to open. Mr.
Ahlstrom stated he plans to open by July of 2020. Chairperson Koehler asked if he plans
on having a bar or just a restaurant. Mr. Ahlstrom stated it will be a bar and a restaurant.
Chairperson Koehler asked if the restaurant would be open for breakfast. Mr. Ahlstrom
replied they will be open for brunch at 10 am on Saturdays and Sundays.
Commissioner VanderLaan asked who Margie was. Mr. Ahlstrom stated Margie is his
grandma who owned a small cafe and named it in honor of her.
Commissioner Elias asked what experience Mr. Ahlstrom has in the restaurant business.
Mr. Ahlstrom replied that he has many years in managing restaurants.
Chairperson Koehler asked if Mr. Ahlstrom has had any situations where the police have
been called due to intoxication. Mr. Ahlstrom replied no.
Motion by Loehlein, seconded by VanderLaan, to close the public hearing at 7:31 p.m.
Motion carried on a 7 -ayes, 0 -nays, 0 -absent vote.
Chairperson Koehler reported the City has 6 calls regarding intoxication over the past three
years at businesses serving liquor in Andover. Chairperson Koehler stated he is concerned
about outdoor seating and would like to see a clear path for people to walk on the sidewalk
without having to step in the street.
Motion by Loehlein, seconded by Elias, to recommend to the City Council Approval of the
Conditional Use Permit for Liquor Sales, located at 13735 Round Lake Blvd NW, Suite
105. Motion carried on a 7 -ayes, 0 -nays, 0 -present vote.
City Council will review this item at the February 18, 2020 meeting.
OTHER BUSINESS
City Planner Hellegers updated the Planning Commission on the removal of a garage from
a property. Mr. Griffiths stated the property owner and the City Attorney agreed to give
the property owner enough time to remove the garage and it should come down in late
April.
ADJOURNMENT
Motion by Koehler, seconded by Loehlein, to adjourn the meeting at 7:37 p.m. Motion
carried on a 6 -ayes, 1 -nays (Hudson), 0 -absent vote.
Respectfully Submitted,
Shari Kunza, Recording Secretary
Regular Andover Planning and Zoning Commission Meeting
Minutes — February 11, 2020
Page 4
TimeSaver Off Site Secretarial, Inc.
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning & Zoning Commissioners
CC: Joe Janish, Community Development Director
4
FROM: Jake Griffiths, Associate Planner
SUBJECT: Public Hearing: Amendment to City Code Title 12, Chapter 13, Section 22:
Interim Performance Standards
DATE: May 12, 2020
INTRODUCTION
City staff have reviewed several sections of the City Code that may require amendments to
correct issues of consistency, clarity, or relevance. One of these sections is City Code 12-13-22:
Interim Performance Standards, a copy of the existing code is attached for your review.
DISCUSSION
Interim Performance Standards are intended to be an alternative level of site improvement that is
commensurate with the development potential of properties within the Hughs/Westview
Industrial Park area. A map of properties within the Hughs/Westview Industrial Park is attached,
only properties within this area qualify for Interim Performance Standards through a conditional
use permit. Interim Performance Standards are temporary until such time as municipal utilities
are extended into the area.
The proposed amendment would change Interim Performance Standards from a conditional use
to an interim use in order to reflect the temporary, or "interim", nature of the use. A copy of the
proposed language is attached for your review.
Conditional v. Interim Uses
A conditional use is a land use designated in a zoning ordinance that is specifically allowed in an
area so long as certain standards are met. A use is typically designated in a zoning ordinance as
conditional because of hazards inherent in the use itself or because of special problems that its
proposed locations may present. For example, uses that generate traffic such as drive-thrus are
designated as a conditional use in Andover. Conditional uses require a Conditional Use Permit
(CUP) prior to operation, and CUPs by state statute run with the land indefinitely as long as the
conditions of approval are met. Recent legal decisions have set precedent that sunset provisions,
or conditions that automatically terminate the use, are prohibited.
Interim uses are similar to conditional uses except that interim uses have a date or event that will
terminate the use. Interim uses require an Interim Use Permit (IUP) prior to operation. Both IVPs
and CUPS require Planning Commission review with City Council approval. Since the Interim
Performance Standards are intended to be temporary and expire with the occurrence of municipal
utilities being extended into the area, staff feels that an interim use is the proper "zoning tool" for
Interim Performance Standards.
City Council Review
Staff presented the proposed amendment to the City Council at the February 18, 2020 Workshop
and the Council expressed support of the proposed amendment and directed staff to move
forward with amending the City Code. Minutes from the February 18, 2020 workshop are
attached for your review.
ACTION REQUESTED
The Planning and Zoning Commission is asked to hold a public hearing on the proposed
amendment and make a recommendation to the City Council.
Respectfully subm' ed,
VJ�akeGriffiths
Associate Planner
Attachments
A - Existing City Code 12-13-22: Interim Performance Standards
B - Map of Hughs/Westview Industrial Park Area
C - Draft City Code 12-13-22: Interim Performance Standards (Redlined)
D — February 18, 2020 Council Workshop Minutes
E - Draft Resolution of Approval
F - Draft Resolution of Denial
G - Summary Ordinance for Publication
1rt6L61 wKA A' Ac
12-13-22 Interim Performance Standards Current Language
A. Purpose: Interim performance standards are intended to establish an
alternative level of site improvements for properties located in the rural
industrial area generally referred to as the Hughs/Westview industrial park
area. The City acknowledges that the lack of municipal utilities limits the
development potential of these properties. These performance standards
are intended to allow continued use, expansion and redevelopment with a
level of site improvements that is commensurate with the development
potential of the properties.
B. Applicability and Scope: This section shall apply to any expansion of use
requiring a conditional use permit or commercial site plan on all properties
generally described as the Hughs/Westview industrial park area and
legally described as the southwest quarter of the northwest quarter of
Section 16, Township 32, Range 24, Anoka County, Minnesota and the
west half of the west half of the southeast quarter of the northwest quarter
of section 16, Township 32, Range 24, Anoka County, Minnesota.
C. Procedure: Applications shall be processed under the Conditional Use
Permit procedures described in City Code 12-14-6 except as follows:
1. Application: The property owner or designee shall submit a complete
application to the Community Development Department. A complete
application consists of the following:
a. A completed Conditional Use Permit form and fee as described
in City Code 1-7-3.
b. A site plan that describes all of the existing and proposed site
improvements, including the dimensions of the property, buildings,
parking, landscaping and storage areas and distances from
property lines.
c. A letter describing the existing use of the property, the proposed
use of the property and all of the proposed site improvements.
d. Other information deemed necessary by staff to review the
request.
2. Council Determination: The City Council shall approve or deny the
application based on the factors established in this section. The City
Council may attach such conditions as they determine necessary to
provide the appropriate level of site and building improvements to
accomplish the purpose of this section. The level of required
improvements shall be determined on a case-by-case basis. Applications
shall be reviewed based on the following factors:
a. Existing appearance of the building and site;
b. Compatibility of the proposed site development plan with the
other industrial properties in the area;
c. Effect of the proposed use and the proposed site development
plan on the adjacent residential neighborhood, including traffic,
noise, glare, buffers, and environmental impacts;
D. Deviations to the performance standards will be considered in the
following areas:
1. Parking and Impervious Surface Areas:
a. Screening, landscaping, visual appeal, and lighting of parking lot
areas.
b. Paving of parking areas for customers.
c. Dust control measures for unpaved parking and storage areas.
2. The amount, type, location, and screening of exterior storage requested
as a part of any Conditional Use Permit.
3. Screening of mechanical equipment and trash bins/dumpsters.
4. Other factors related to the new development proposal, as the City
Council may deem relevant.
E. Term of Approval: Interim performance standards approved under this
section shall end • re until City sewer and water are extended into the area
affected by this section. At that time, any future expansion or
redevelopment of the affected properties shall be required to fully conform
to the regular performance standards of City Code 12-13.
Other Requirements: Proposed improvements or changes in use will be
reviewed by the Building Official and Fire Chief. They will make a
determination of whether or not the building(s) on the site need to be
brought into compliance with applicable building and fire codes. Site
improvements must also be made to meet the requirements of the
National Pollutant Discharge Elimination System (NPDES). No portion of
this section shall be used to vary from these requirements. (Amended
9/18/07; Ord. 353)
Map of Hughs/Westview Industrial Park
NNOWN
NMI
Draft Amendment Language with Redlined Changes
12-13-22: INTERIM PERFORMANCE STANDARDS:
A. Purpose: Interim performance standards are intended to establish an alternative
level of site improvements for properties located in the rural industrial area
generally referred to as the Hughs/Westview industrial park area. The City
acknowledges that the lack of municipal utilities limits the development potential
of these properties. These performance standards are intended to allow
continued use, expansion and redevelopment with a level of site improvements
that is commensurate with the development potential of the properties.
B. Applicability and Scope: This section shall apply to any expansion of use
requiring a conditional use permit or commercial site plan on all properties
generally described as the Hughs/Westview industrial park area and legally
described as the southwest quarter of the northwest quarter of Section 16,
Township 32, Range 24, Anoka County, Minnesota and the west half of the west
half of the southeast quarter of the northwest quarter of section 16, Township 32,
Range 24, Anoka County, Minnesota.
C. Procedure: Applications shall be processed under the Coal -Interim Use
Permit procedures described in City Code 12-14-12-6 except as follows:
1. Application: The property owner or designee shall submit a complete
application to the Community Development Department. A complete application
consists of the following:
a. A completed Interim Use Permit form and fee as described
in City Code 1-7-3.
b. A site plan that describes all of the existing and proposed site
improvements, including the dimensions of the property, buildings,
parking, landscaping and storage areas and distances from property lines.
c. A letter describing the existing use of the property, the proposed use of
the property and all of the proposed site improvements.
d. Other information deemed necessary by staff to review the request.
2. Council Determination: The City Council shall approve or deny the application
based on the factors established in this section. The City Council may attach
such conditions as they determine necessary to provide the appropriate level of
site and building improvements to accomplish the purpose of this section. The
level of required improvements shall be determined on a case-by-case basis.
Applications shall be reviewed based on the following factors:
a. Existing appearance of the building and site;
b. Compatibility of the proposed site development plan with the other
industrial properties in the area;
c. Effect of the proposed use and the proposed site development plan on
the adjacent residential neighborhood, including traffic, noise, glare,
buffers, and environmental impacts;
D. Deviations to the performance standards will be considered in the following
areas:
1. Parking and Impervious Surface Areas:
a. Screening, landscaping, visual appeal, and lighting of parking lot areas.
b. Paving of parking areas for customers.
c. Dust control measures for unpaved parking and storage areas.
2. The amount, type, location, and screening of exterior storage requested as a
part of any Interim Use Permit.
3. Screening of mechanical equipment and trash bins/dumpsters.
4. Other factors related to the new development proposal, as the City Council
may deem relevant.
E. Term of Approval: Interim performance standards approved under this section
shall not be subject to the five-year maximum term as noted in City Code Section
12-14-12 (E) (1), and may continue endure until City sewer and water are
extended into the area affected by this section. At that time, any future
expansion or redevelopment of the affected properties shall be required to fully
conform to the regular performance standards of City Code 12-13.
F. Other Requirements: Proposed improvements or changes in use will be reviewed
by the Building Official and Fire Chief. They will make a determination of
whether or not the building(s) on the site need to be brought into compliance with
applicable building and fire codes. Site improvements must also be made to meet
the requirements of the National Pollutant Discharge Elimination System
(NPDES). No portion of this section shall be used to vary from these
requirements. (Amended 9/18/07; Ord. 353)
A-v�-�yww4 0
Andover City Council Workshop Meeting
Minutes — February 18, 2020
Page 4
VMr. Janish stated staff has reviewed several sections of the Zoning Code that require
amendments to correct issues of consistency, clarity or relevance. These items will go to the
Planning and Zoning Commission, but staff -wanted to inform Council and get feedback prior to
moving forward. Mr. Janish briefly explained the Discharge of Weapons/Hunting Restrictions
and Zones Established Code would be changed to remove the 30 -day requirement to bring it into
alignment with the DNR regulations. Council supported this change.
Mr. Janish stated City Code requires that corner lots are to keep a triangular area of land clear of
sight obstructions. He pointed out the area is sometimes referred to as the "Clear View Triangle"
and sometimes as the "Sight Triangle". Staff would like to be consistent with the terminology
and list it as "Sight Triangle". Council supported this change. Mr. Janish reviewed Section 12-
13-22 pertaining to Interim Performance Standards. He stated the Interim Performance
Standards—are intended to be standards for the Hughs/West7e—w Industrial Park that would be
temporary until such time as municipal utilities are extended to the area. He explained the
to Interim Uses
he eventual expiration (sunset clause) of the uses instead of Conditional Uses which continue
if the IUP would cover
number of bushes and trees. Mr. Janish stated yes and would allow e rty to put sunset clause
or
Mr. Janish addressed the code pertaining to off-street parking which allows cars to be parked on
grass with proper setback. Staff would like to clarify that people can't park on the front lawn
regardless of setback.
Councilmember Holthus stated there are homes with large get-togethers where people would
park on gravel. Mr. Janish stated R-1 properties can park on gravel and R-4 properties must be
paved.
Council supported staff's interpretation.
OTHER V USINESS
There was
Motion by Bukkila, Seceded by Holthus, to adjourn. Motion carried unanimously. The meeting
adjourned at 6:52 p.m.
Respectfully submitted,
Shari Kunza, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. XX
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAIN AS
FOLLOWS:
CITY CODE TITLE 12: ZONING REGULATIONS, CHAPTER 13:
PERFORMANCE STANDARDS, SECTION 22: INTERIM PERFORMANCE
STANDARDS:
12-13-22: INTERIM PERFORMANCE STANDARDS:
A. Purpose: Interim performance standards are intended to establish an
alternative level of site improvements for properties located in the rural
industrial area generally referred to as the Hughs/Westview industrial park
area. The City acknowledges that the lack of municipal utilities limits the
development potential of these properties. These performance standards
are intended to allow continued use, expansion and redevelopment with a
level of site improvements that is commensurate with the development
potential of the properties.
B. Applicability and Scope: This section shall apply to any expansion of use
requiring a conditional use permit or commercial site plan on all properties
generally described as the Hughs/Westview industrial park area and
legally described as the southwest quarter of the northwest quarter of
Section 16, Township 32, Range 24, Anoka County, Minnesota and the
west half of the west half of the southeast quarter of the northwest quarter
of section 16, Township 32, Range 24, Anoka County, Minnesota.
C. Procedure: Applications shall be processed under the Interim
Use Permit procedures described in City Code 12-14-12-6 except as
follows:
1. Application: The property owner or designee shall submit a complete
application to the Community Development Department. A complete
application consists of the following:
a. A completed Interim Use Permit form and fee as
described in City Code 1-7-3.
b. A site plan that describes all of the existing and proposed site
improvements, including the dimensions of the property, buildings,
parking, landscaping and storage areas and distances from
property lines.
c. A letter describing the existing use of the property, the proposed
use of the property and all of the proposed site improvements.
d. Other information deemed necessary by staff to review the
request.
2. Council Determination: The City Council shall approve or deny the
application based on the factors established in this section. The City
Council may attach such conditions as they determine necessary to
provide the appropriate level of site and building improvements to
accomplish the purpose of this section. The level of required
improvements shall be determined on a case-by-case basis. Applications
shall be reviewed based on the following factors:
a. Existing appearance of the building and site;
b. Compatibility of the proposed site development plan with the
other industrial properties in the area;
c. Effect of the proposed use and the proposed site development
plan on the adjacent residential neighborhood, including traffic,
noise, glare, buffers, and environmental impacts;
D. Deviations to the performance standards will be considered in the
following areas:
1. Parking and Impervious Surface Areas:
a. Screening, landscaping, visual appeal, and lighting of parking lot
areas.
b. Paving of parking areas for customers.
c. Dust control measures for unpaved parking and storage areas.
2. The amount, type, location, and screening of exterior storage requested
as a part of any Interim Use Permit.
3. Screening of mechanical equipment and trash bins/dumpsters.
4. Other factors related to the new development proposal, as the City
Council may deem relevant.
E. Term of Approval: Interim performance standards approved under this
section shall not be subject to the five-year maximum term as noted in City
Code Section 12-14-12 (E) (1) and may continue endure until City sewer
and water are extended into the area affected by this section. At that time,
any future expansion or redevelopment of the affected properties shall be
required to fully conform to the regular performance standards of City
Code 12-13.
F. Other Requirements: Proposed improvements or changes in use will be
reviewed by the Building Official and Fire Chief. They will make a
determination of whether or not the building(s) on the site need to be
brought into compliance with applicable building and fire codes. Site
improvements must also be made to meet the requirements of the
National Pollutant Discharge Elimination System (NPDES). No portion of
this section shall be used to vary from these requirements.
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 Xth day of XXXX 2020.
ATTEST:
Michelle Hartner, City Clerk
CITY OF ANDOVER:
Julie Trude, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES NO.
A RESOLUTION DENYING THE CITY CODE AMENDMENT TO TITLE 12: ZONING
REGULATIONS, CHAPTER 13: PERFORMANCE STANDARDS, SECTION 22: INTERIM
PERFORMANCE STANDARDS TO LIST INTERIM PERFORMANCE STANDARDS AS
AN INTERIM USE
WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the
requirements of City Code 12-14-6, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request does not meet the criteria of the Comprehensive Plan, and;
WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental
effect on the health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the
City Code Amendment request.
WHEREAS, the City Council of the City of Andover agrees with the Planning and Zoning
Commission, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
denies the city code amendment request; for the following reasons:
1.
2.
4.
Adopted by the City Council of the City of Andover on this XX day of XXXX 2020
ATTEST:
Michelle Hartner, City Clerk
CITY OF ANDOVER:
Julie Trude, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. XX SUMMARY
AN ORDINANCE AMENDING CITY CODE TITLE 12: ZONING REGULATIONS, CHAPTER 13:
PERFORMANCE STANDARDS, SECTION 22: INTERIM PERFORMANCE STANDARDS
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota
Statute 412.
Policy
The purpose of these regulations is to protect the public health, safety and welfare. The amendments to City
Code Title 12, Chapter 13, Section 22 change Interim Performance Standards from a conditional use to an
interim use. Language was also added that allows Interim Performance Standards to continue until municipal
services are extended into the area.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of this
ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be
liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of the City
Clerk.
Adopted by the City Council of the City of Andover on this Xth day of XXXX 2020.
ATTEST: CITY OF ANDOVER
Michelle Hartner, City Clerk
Julie Trude, Mayor
• F
.. ��.,
LNDOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning & Zoning Commissioners
CC: Joe Janish, Community Development Director
FROM: Jake Griffiths, Associate Planner
SUBJECT: Public Hearing: Amendment to City Code Title 12, Chapter 13, Section 8: Off -
Street Parking Requirements
DATE: May 12, 2020
INTRODUCTION
City staff have reviewed several sections of the City Code that may require amendments to
correct issues of consistency, clarity, or relevance. One of these sections is City Code 12-13-8:
Off -Street Parking Requirements.
DISCUSSION
More specifically, the proposed amendment is to City Code 12-13-8-F-6, which is included
below for your review.
City Code 12-13-8: Off -Street Parking Requirements
F. Location: All accessory off street parking facilities required by this title shall be
located and restricted as follows:
6. In the case of single-family, two-family, townhouse and quadraminium
dwellings, parking shall be prohibited in any portion of the front yard except
designated driveways leading directly into a garage and one open, surfaced space
located contiguous to the side of a driveway, away from the principal use. Said
extra space shall be surfaced as provided in Subsection E6 of this section.
The reference to "Subsection E6 of this section" refers to the requirement that all driveways be
surfaced in accordance with the standard specifications as adopted by the city and on file with
the office of the City Engineer. For urban properties approved surfaces include asphalt, concrete
and pavers. For rural properties class 5 gravel may also be used as a surfacing material.
Staff s interpretation of the ordinance is written to prohibit the parking of vehicles in the front
and side yards of a property unless vehicles are parked on a permitted improved surface and has
enforced the City Code based on this interpretation. Staff presented this item to the City Council
at the February 18, 2020 workshop and the Council supported staff s interpretation. Minutes
from this meeting are attached for your review.
Upon further consideration by staff, it was determined clarifying the ordinance would better
define the criteria for off-street parking. The ordinance as currently written leaves "gaps" on
larger properties where parking regulations may not apply. Please review the attached survey for
further information. The proposed amendment would clarify that parking is prohibited unless on
a permitted improved surface in any location between the street and rear of the principal
structure, which eliminates any "gaps" in application of the ordinance. A redlined copy of the
proposed amendment language is attached for your review.
ACTION REQUESTED
The Planning and Zoning Commission is asked to hold a public hearing on the proposed
amendment and make a recommendation to the City Council.
Respectfully,
Jake Griffiths
Associate Planner
Attachments
A — February 18, 2020 City Council Workshop Minutes
B — Survey with Front, Side and Rear Yard Setbacks
C — Draft City Code 12-13-8: Off -Street Parking Requirements
D — Draft Resolution of Approval
E — Draft Resolution of Denial
F — Summary Ordinance for Publication
Andover City Council Workshop Meeting
Minutes —February 18, 2020
Page 4
Mr. Janish stated staff has reviewed several sections of the Zoning Code that require
IVamendments to correct issues of consistency, clarity or relevance. These items will go to the
Planning and Zoning Commission, but staff wanted to inform Council and get feedback prior to
moving forward. Mr. Janish briefly explained the Discharge of Weapons/Hunting Restrictions
and Zones Established Code would be changed to remove the 30 -day requirement to bring it into
alignment with the DNR regulations. Council supported this change.
Mr. Janish stated City Code requires that corner lots are to keep a triangular area of land clear of
sight obstructions. He pointed out the area is sometimes referred to as the "Clear View Triangle"
and sometimes as the "Sight Triangle". Staff would like to be consistent with the terminology
and list it as "Sight Triangle". Council supported this change. Mr. Janish reviewed Section 12-
13-22 pertaining to Interim Performance Standards. He stated the Interim Performance
Standards are intended to be standards for the Hughs/Westview Industrial Park that would be
temporary until such time as municipal utilities are extended to the area. He explained the
proposed amendments would change Interim Performance Standards to Interim Uses to reflect
the eventual expiration (sunset clause) of the uses instead of Conditional Uses which continue
with the property. Council supported this change. Mayor Trude asked if the IUP would cover
number of bushes and trees. Mr. Janish stated yes and would allow the City to put sunset clause
on it.
Mr. Janish addressed the code pertaining to off-street varking which allows cars to be parked on
grass with. proper setback. Staff would like to clarify that people can't par on e ton awn
r eeaardless of setback.
Councilmember Holthus stated there are homes with large get-togethers where people would
park on gravel. Mr. Janish stated R-1 properties can park on gravel and R-4 properties must be
Council supported staff's interpretation.
O\ERBBUSINESS
TATMa, Seconded by Holthus, to adjourn. Motion carried unanimously. The meeting
adp.m.
Respectfully
Shari Kunza, Recording\Secretary
TimeSaver Off Site Secretarial, Inc.
Certificate of Survey with Estimated Setbacks
R-4 Zoning District
OD
OD
OD --80.00-- _
OD N
r
DRAINAGE & UTILITY EASE-MENT
151 1s
1 1
1 1
1 1
1 1
1 C, I
40
Potentially Undefined
Areas
(Yellow)
Front & Side Yard
( Red)
Parking Prohibited
001
0 1
f0. N
OD
0o
N
C
'
I I
PROPOSED
I
(
w
�
a .
t,+o
N
RESIDENCE
w�
CJiO
2'-0"
�_
Ci
co i
0 0
c�
o
co
�
to
0
0
1 1 N 1 N I
0I
�
1 �, M
o
v
t-80.00 -
N
CURE 1
Co :CONCRETE
a n `°
CO -4
o n
o•
J
� O
V
Ln
WINTERGREEN STREET
N.W.
Potentially Undefined
Areas
(Yellow)
Front & Side Yard
( Red)
Parking Prohibited
Section 12-13-8-F (6): Off-street Parking Regulations
a. Front yard: Twenty feet (20').
b. Side yard: Ten feet (10') (at least 20 feet if abutting existing or future
right-of-way or if abutting a residential district).
c. Rear yard: Ten feet (10').
The requirements of Subsections FSa, F5b and F5c of this section may be
deleted if, in the City Engineer's opinion, a parking lot is an integral part of a
parking lot on an adjoining parcel of property.
6. In the case of single-family, two-family, townhouse and quadraminium
dwellings, parking shall be prohibited iin any portion of the frontyaFd rp operty
between the public right-of-way and rear of the principal structure except
designated driveways leading directly into a garage and one open, surfaced
space located contiguous to the side of a driveway, away from the principal use.
Said extra space shall be surfaced as provided in Subsection E6 of this section.
(Amended Ord. 8, 10-21-1970)
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
Auto repair, major bus terminal, taxi
terminal, boats and marine sales and
repair, bottling company, shop for a
trade employing 6 or less people,
garden supply store, building material
sales in structure
Bowling alley
Car wash (in addition to required
stacking spaces):
Automatic drive through,
serviced
8 spaces, plus 1 additional space for
each 800 square feet of floor area over
1,000 square feet
5 spaces for each alley, plus additional
spaces as may be required herein for
related uses contained within the
principal use
10 spaces, or 1 space for each
employee on the maximum shift,
whichever is greater
2. Self-service A minimum of 2 spaces
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. XX
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAIN AS
FOLLOWS:
CITY CODE TITLE 12: ZONING REGULATIONS, CHAPTER 13:
PERFORMANCE STANDARDS, SECTION 8: OFF-STREET PARKING
REQUIREMENTS
6. In the case of single-family, two-family, townhouse and quadraminium
dwellings, parking shall be prohibited i+n any portion of the frent yardrp operty
between the public right-of-way and rear of the principal structure except
designated driveways leading directly into a garage and one open, surfaced
space located contiguous to the side of a driveway, away from the principal use.
Said extra space shall be surfaced as provided in Subsection E6 of this section.
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 Xth day of XXXX 2020.
ATTEST:
Michelle Hartner, City Clerk
CITY OF ANDOVER:
Julie Trude, Mayor
L
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
A RESOLUTION DENYING THE CITY CODE AMENDMENT TO TITLE 12: ZONING
REGULATIONS, CHAPTER 13: PERFORMANCE STANDARDS, SECTION 8: OFF-
STREET PARKING REQUIREMENTS TO CLARIFY PARKING REQUIREMENTS IN THE
FRONT AND SIDE YARDS
WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the
requirements of City Code 12-14-6, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request does not meet the criteria of the Comprehensive Plan, and;
WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental
effect on the health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the
City Code Amendment request.
WHEREAS, the City Council of the City of Andover agrees with the Planning and Zoning
Commission, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
denies the city code amendment request; for the following reasons:
1.
2.
3.
4.
Adopted by the City Council of the City of Andover on this XX day of XXXX 2020.
ATTEST:
Michelle Hartner, City Clerk
CITY OF ANDOVER:
Julie Trude, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. XX SUMMARY
AN ORDINANCE AMENDING CITY CODE TITLE 12: ZONING REGULATIONS, CHAPTER 13:
PERFORMANCE STANDARDS, SECTION 8: OFF-STREET PARKING REQUIREMENTS
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota
Statute 412.
Policy
The purpose of these regulations is to protect the public health, safety, and welfare. The amendments to City
Code Title 12, Chapter 13, Section 8 clarify that parking is prohibited in all areas between the public right-of-
way and rear of the principal structure except for designated driveways and spaces surfaced with permitted
materials. All other sections of the ordinance remain as written.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of this
ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be
liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of the City
Clerk.
Adopted by the City Council of the City of Andover on this X' day of XXXX 2020.
ATTEST:
Michelle Hartner, City Clerk
CITY OF ANDOVER
Julie Trude, Mayor
9 C I T Y Q V
k-ND0Vt^.
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 • WWW. CLAN DOVER. MN. US
TO: Planning and Zoning Commissioners
FROM: Peter Hellegers, City Planner
SUBJECT: PUBLIC HEARING: Consider City Code Amendments related to "Sight
Triangles" ("Clear View Triangles") in Title 12- Zoning Regulations, Chapter 2 —
Rules and Definitions, 2 — Definitions; Title 12 Zoning Regulations, Chapter 13 —
Performance Standards, 6 — Landscaping of Nonresidential Properties — Subsection
G- Restrictions (3); and Title 12 Zoning Regulations Chapter 13 — Performance
Standards, 10 — Traffic Control - Subsection C
DATE: May 12, 2020
INTRODUCTION
City staff has reviewed several sections of the Zoning Code that require amendments to correct
issues of consistency, clarity or relevance. One issue that was discovered was two very similar
definitions for describing an area at the corner of intersecting streets where there are restrictions on
certain activities to preserve safe lines of sight. A redline copy of the current City Code language
that would be amended with the proposed changes is attached to this report.
DISCUSSION
Clear View Triangle or Sight Triangle
The City Code requires that corner lots, those adjacent to street intersections, keep a triangular area
adjacent to those intersections clear of sight obstructions. However, within the City Code this
triangular area is sometimes referred to as the "Clear View Triangle" and others as the "Sight
Triangle". There are two separate zoning definitions for this area which are very similar and
should be reduced to one definition and references throughout zoning should be amended
accordingly. In consultation with the Engineering Department the preferred term is "Sight
Triangle". In addition, section 12-13-6-G-3 which relates to Sight Triangles also references
sections 17.31 and 17.32 but there are no such sections in the Code. Therefore, these references
would be removed and a general reference back to the definition in City Code would be inserted.
City Code References — Clear View Triangles or Sight Triangles
• City Code 12-2-2: Definitions. The zoning regulations currently have a definition for a
"Clear View Triangle" and a "Sight Triangle". The Clear View Triangle definition would
be eliminated.
• City Code 12-13-6-G (3): Performance Standards — Landscaping of Nonresidential
Properties. This section would change the reference from "Clear View Triangle" to "Sight
Triangle" and would eliminate a broken reference to sections that are not present in the
Code.
• City Code 12-13-10 (C): Traffic Control. The language under this subsection is
referencing the "Clear View Triangle" or "Sight Triangle" area but does not actually name
either section. Therefore, nothing is proposed for change in this section.
City Council Work Session
Staff presented the proposed amendment to the City Council at the February 18, 2020 Work Session
and the Council expressed support of the proposed amendment and directed staff to move forward
with amending the City Code. Minutes from the February 18, 2020 work session are attached for
your review.
ACTION REQUESTED
The Planning Commission is asked to hold a public hearing on the proposed amendment and
provide a recommendation to the City Council.
Respectfully submitted,
Pete,- IleXeye-e
Peter Hellegers
City Planner
Attachments
• Draft City Code (redlined):
o Sections 12-2-2: Zoning Regulations / Rules and Definitions / Definitions (redlined)
o Sections 12-13-6 (G): Zoning Regulations / Performance Standards / Landscaping of
Nonresidential Properties (redlined)
o Sections 12-13-10(C): Zoning Regulations /Performance Standards/ Traffic Control
• Draft Ordinance Amendment for Approval
• Draft Resolution of Denial
• February 18, 2020 City Council Work Session Minutes
12-2-2: Definitions, 12-13-6 Landscaping of Nonresidential Properties, and 12-13-1 Traffic Control —
City Code References to Clear View / Sight Triangle - (redline copy)
12-2-2: DEFINITIONS: The following words and terms, whenever they occur in this title,
are defined as follows:
(excerpts):
SIGHT TRIANGLE: On corner lots (including rural areas), nothing shall be placed or
allowed to grow in such a manner as materially to impede vision
between a height of two and one-half feet (2 %2') and ten feet (10')
above the centerline grades of the intersecting streets within fifteen
feet (15') of the intersecting street right of way lines. This
restriction shall also apply to the planting of crops and to yard
grades that result in elevations that impede vision within fifteen
feet (15') of any intersecting street right of way lines.
12-13-6: LANDSCAPING OF NONRESIDENTIAL PROPERTIES:
A. Purpose and Intent. The City of Andover recognizes the health, safety, aesthetic, ecological
and economic value of landscaping and screening. The provisions of this section are intended
to:
1. Add visual interest to open spaces and blank facades;
2. Soften dominant building mass;
3. Provide definition for public walkways and open space areas;
4. Ensure significant tree canopy shading to reduce glare and heat
build-up;
5. Improve the visual quality and continuity within and between
developments;
6. Provide screening and mitigation of potential conflicts between
activity areas and more passive areas;
7. Protect and improve property values;
Improve air quality and provide a buffer from air and noise pollution;
9. Enhance the overall aesthetic conditions within the City;
10. Limit sight line obstructions and drainage conflicts;
11. Reduce the potential for criminal and illegal activities; and
12. Prevent conflicts with utilities.
B. Landscape Plans: A landscape plan shall be submitted with any Commercial Site Plan
Application as described in City Code 12-15-2;
C. Minimum Number of Trees and Shrubs. Except for single and two family uses,
development must at a minimum provide the following numbers of trees and shrubs in
addition to any trees and shrubs required for screening in Section 12-13-5:
1. One tree per 50 lineal feet of site perimeter
2. One shrub per 20 feet of site perimeter
3. One shrub per 10 lineal feet of building perimeter
D. Credit for Existing Trees. Existing healthy deciduous trees greater than four caliper inches
or existing healthy evergreen trees greater than six feet in height and are not identified on
the City's prohibited plant species list may be credited toward the minimum required trees
on a site.
E. Minimum Tree Size. Required trees must meet the following minimum size standards:
1. Overstory trees must be at least one and one half caliper inches at planting;
2. Single stem ornamental trees must be at least one and one half caliper inches at planting;
3. Evergreen trees and multi -stem ornamental trees must be at least six feet in height at
planting.
F. Parking Island Landscaping. The following plant material shall be provided in parking
islands without credit toward the minimum number of trees and shrubs described above:
1. One tree per 180 square feet of parking island area;
2. One shrub per 20 square feet of parking island area.
G. Restrictions. The following restrictions on landscaping and screening apply to protect the
public health, safety, and welfare.
Public Easements. Landowners are advised that landscaping features placed in a public
easement may be removed without compensation if it is necessary to install, replace or
maintain a public utility, sidewalk, or drainage way within the easement.
2. Trees, irrigation lines, berms, walls, or fences must not be placed in a public easement
where public improvements are located without the written approval of the Director of
Public Works.
3. r Sight Triangle. Landscaping and screening must not interfere with the eleaf
view sight triangle as speeified in See6 as 17.31 and 17.x'. as defined in the City
Code.
4. Crime Prevention Through Environmental Design (OPTED). In support of CPTED
principles designed to reduce the fear and incidence of crime and to improve the quality
of life, landscaping must support the objectives of natural surveillance, territorial
reinforcement, access control, and maintenance. These CPTED objectives are further
discussed in the Planning Manager's Landscaping and Screening Policies and
Procedures document.
5. Fire Hydrant and Utility Clear Zone. The area three feet in radius around all fire
hydrants, fire hose connections and utility boxes must be kept free of any trees, shrubs
or other landscaping feature that could impede access to or use of the hydrant, fire hose
connection or utility box.
H. Administration: The City shall have the authority to adopt and implement landscaping and
screening policies and procedures for the purpose of specifying landscape plan submittal
requirements, establishing surety rates and procedures, and offering landscaping and
screening material and design recommendations.
I. Ground cover. All site areas and areas that have been disturbed during construction must be
covered with sod to the property lines and/or adjacent rights-of-way. Rock and mulch may
be substituted for sod in landscaping planting beds and along the perimeter of buildings.
All landscaping planting beds shall provide a durable edging system. Native plant
communities may be re-established in appropriate portions of the site
J. Irrigation Required. All required landscape materials shall be irrigated.
K. Material Maintenance. The property owner must maintain all landscaping and screening
materials shown on the approved landscape plan in a manner consistent with the intent and
purpose of the plan and City Code requirements. Approved landscaping and screening
materials that die, become diseased or are significantly damaged must be replaced at the
next appropriate planting period with new materials in conformance with the approved
landscape plan and applicable City Code standards.
L. Ground Cover Maintenance. Ground cover must be maintained in accordance with Section
9-10 of this Code.
M. Removal. Unless a modified landscape plan is approved, landscaping and screening
materials and structures approved on a landscape plan must not be removed except when
replaced in accordance with this Section.
N. Surety. To ensure that landscaping and screening are installed as proposed and survive
through at least one full growing season, a landscape performance surety may be required
by the City and when required must be submitted prior to issuance of building permits for
new development where a landscape plan is required. The surety may consist of a bond, an
irrevocable letter of credit, cash deposit or other instrument that provides an equal
performance guarantee to the City. (Amended Ord. 314 10-4-2005; Amended Ord. 463, 6-
21-16
12-13-10: TRAFFIC CONTROL
A. The traffic generated by any use shall be channelized and controlled in a manner that it will
minimize:
1. Congestion on the public streets;
2. Traffic hazards; and
3. Excessive traffic through residential areas, particularly truck traffic.
B. Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and
out of business and industrial areas and all traffic from residential lots adjacent to a
thoroughfare shall in all cases be forward moving with no backing into streets.
C. On corner lots (including rural areas), nothing shall be placed or allowed to grow in such a
manner as materially to impede vision between a height of two and one-half feet (2 1/2') and
ten feet (10') above the centerline grades of the intersecting streets within fifteen feet (15') of
the intersecting street right-of-way lines. This restriction shall also apply to the planting of
crops and to yard grades that result in elevations that impede vision within fifteen feet (15') of
any intersecting street right-of-way lines. (Amended Ord. 8, 10-21-1970)
CITY OF ANDOVER
ANOKA COUNTY, MINNESOTA
Ordinance No.
AN ORDINANCE AMENDING ANDOVER CITY CODE SECTIONS 12-2-2 AND
12-13-6G REGARDING SIGHT TRIANGLES.
The City Council of the City of Andover does hereby ordain as follows:
SECTION 1. AMENDMENT. Andover City Code Title 12 — Zoning Regulations, Chapter 2 —
Rules and Definitions, Section 2 — Definitions, is hereby amended as follows:
NPAWAIMOMMEN-1
ow
SECTION 2. AMENDMENT. Andover City Code Title 12 — Zoning Regulations, Chapter 13 —
Performance Standards, Section 6 — Landscaping of Nonresidential Properties, Subsection G -
Restrictions, is hereby amended as follows:
G. Restrictions. The following restrictions on landscaping and screening apply to protect the
public health, safety, and welfare.
3. Clem Vie Sight Triangle. Landscaping and screening must not interfere with the eleaf
view -sight triangle as speeified in Seel ons 17.31 and 17. as defined in the City
Code.
SECTION 3. EFFECTIVE DATE. Adopted by the City Council of the City of Andover this _
day of May, 2020.
ATTEST:
CITY OF ANDOVER:
Michelle Hartner, City Clerk Julie Trude, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES NO.
A RESOLUTION DENYING THE CITY CODE AMENDMENT TO TITLE 12: ZONING
REGULATIONS, CHAPTER 2: RULES AND DEFINITIONS, SECTION 2: DEFINITIONS TO
ELIMINATE THE CLEAR VIEW TRIANGLE DEFINITION, AND TITLE 12: ZONING
REGULATIONS, CHAPTER 13: PERFORMANCE STANDARDS, SECTION 6:
LANDSCAPING FOR NONRESIDENTIAL PROPERTIES TO REPLACE CLEAR VIEW
TRIANGLE WITH SIGHT TRIANGLE AND TO ELIMINATE A CODE REFERENCE TO AN
INCORRECT CODE SECTION.
WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the
requirements of City Code 12-14-6, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request (does / does not meet) the criteria of the Comprehensive Plan, and;
WHEREAS, the Planning and Zoning Commission finds the request ([if denial]) would / would
not have a detrimental effect on the health, safety, and general welfare of the City of Andover,
and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council (approval /
denial of the City Code Amendment request.
WHEREAS, the City Council of the City of Andover (agrees / disagreesZwith the Planning and
Zoning Commission, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
denies the city code amendment request; for the following reasons:
1.
2.
3.
4.
Adopted by the City Council of the City of Andover on this day of 2020.
ATTEST
Michelle Hartner, City Clerk
CITY OF ANDOVER
Julie Trude, Mayor
Andover City Council Workshop Meeting
Minutes — February 18, 2020
Page 3
r Trude stated current code allows verbal control of dogs on trails but not in parks. She stated
not interested changing the code that permits this. Councilmember Bukkila concurred.
The Co cil reached consensus to allow verbal control of dogs on trails that are not located in
parks.
Mayor Trude s ted the new code removes basic care provisions and prohibited treatment of dogs
but that it is in St e Statute and in the City Code.
Councilmember Bukki a stated it is State Statute and does not need to be repeated. She
recommended removing e entire section. Council agreed.
Mayor Trude discussed muzz ' g provisions and stated if there was a rabies outbreak, the Mayor
could declare a muzzling requir ent. She stated it is now moved to nuisance and felt it should
stand alone.
Mayor Trude asked staff to research\Ied
rements for notification for dangerous dogs. Mr.
Dickinson replied the requirements are in State Statute and can be added if Council would
like.
Mayor Trude raised a question about whether ' poundment of dangerous dogs should be a
separate provision or not. Mr. Dickinson stated sta will ensure the ordinance is consistent with
State Statute and if the Council would like to mak additional restrictions, they may, but he
recommends staying consistent with State Statute.
Mayor Trude addressed the wording on Abatement and Nui nce Item A that the terms "on any
person" and "in accordance with State law" are missing from th new code. Mr. Griffiths replied
that State Statute does not limit substantial bodily harm to peop and can include animals. He
stated that substantial bodily harm has been defined in the definition ection.
Councilmember Bukkila stated the City should be consistent with State SNatute.
Mayor Trude stated she would like the Nuisance Dogs and Potentially Dang ous Dogs sections
close together to make it easier for Council to refer to when addressing the 'sue at Council
meetings.
Councilmember Bukkila stated the code should read for the residents rather than Co u cil. Mr.
Dickinson stated staff will look at arranging the ordinance to follow logical order.
Mayor Trude would like to have a summary sheet at public hearings for easy referral. \
UPDATE/DISCUSS CITY CODE UPDATES
Mr. Janish stated staff has reviewed several sections of the Zoning Code that require amendments '�r
Andover City Council Workshop Meeting
Minutes — February 18, 2020
Page 4
to correct issues of consistency, clarity or relevance. These items will go to the Planning and
Zoning Commission, but staff wanted to inform Council and get feedback prior to moving forward.
Mr. Janish briefly explained the Discharge of Weapons/Hunting Restrictions and Zones
Established Code would be changed to remove the 30 -day requirement to bring it into alignment
with the DNR regulations. Council supported this change.
*Mr. Janish stated City Code requires that corner lots are to keep a triangular area of land clear of
sight obstructions. He pointed out the area is sometimes referred to as the "Clear View Triangle"
and sometimes as the "Sight Triangle". Staff would like to be consistent with the terminology and
list it as "Sight Triangle". Council supported this change. Mr. Janish reviewed Section 12-13-22
pertaining to Interim Performance Standards. He stated the Interim Performance Standards are
intended to be standards for the Hughs/Westview Industrial Park that would be temporary until
such time as municipal utilities are extended to the area. He explained the proposed amendments
would change Interim Performance Standards to Interim Uses to reflect the eventual expiration
(sunset clause) of the uses instead of Conditional Uses which continue with the property. Council
supported this change. Mayor Trude asked if the IUP would cover number of bushes and trees.
Mr. Janish stated yes and would allow the City to put sunset clause on it.
Mr. Janish addressed the code pertaining to off-street parking which allows cars to be parked on
grass with proper setback. Staff would like to clarify that people can't park on the front lawn
regardless of setback.
Councilmember Holthus stated there are homes with large get-togethers where people would park
on gravel. Mr. Janish stated R-1 properties can park on gravel and R-4 properties must be paved.
Council supported staff's interpretation.
OBUSINESS
There
ADJOURNMENT
Motion by Bukkila, Seconded by Holthus,
adjourned at 6:52 p.m.
Respectfully submitted,
Shari Kunza, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Motion carried unanimously. The meeting