HomeMy WebLinkAbout07.14.20mmwtll
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
July 14, 2020
Andover City Hall
7:00 p.m.
1. Call to Order
2. Pledge of Allegiance
3. Approval of Minutes —May 12, 2020 Regular Meeting
4. Public Hearing —Amendment to City Code Title 12, Chapter 2: Rules and Definitions and City
Code Title 12, Chapter 12: Commercial / Industrial Permitted, Permitted Accessory, Conditional,
Interim and Prohibited Uses — City of Andover (Applicant)
5. Public Hearing — Amendment to City Code Title 12, Chapter 7: Fences and Walls— City of
Andover (Applicant)
6. Other Business
7. Adjournment
Please note:
Some or all members of the Andover Planning & Zoning Commission may participate in the July 14, 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.
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 — May 12, 2020 Regular Meeting Minutes
DATE: July 14, 2020
REQUEST
The Planning and Zoning Commission is requested to approve the May 12, 2020 regular meeting
minutes.
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
PLANNINGAND ZONING COMMISSIONMEETING — MAY 12, 2020
The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Bert Koehler IV on May 12,2020,7:00 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Bert Koehler, Karen Godfrey, Scott Hudson, Nick Loehlein
(remote), Mary VanderLaan, Marni Elias, and Dawn Perra
(remote)
Commissioners absent: None
Also present: Community Development Director Joe Janish
City Planner Peter Hellegers (remote)
Associate Planner Jake Griffiths
Others
PLEDGE OFALLEGL4NCE
APPROVAL OFMINUTES
February 11, 2020 Work Session Meeting
Motion by Godfrey, seconded by Hudson, to approve the February 11, 2020 Work Session
and Regular Meeting as presented. Vote taken by roll call:
Godfrey: aye
Hudson: aye
Loehlein: aye
Perra: aye
VanderLaan: aye
Elias: aye
Koehler: aye
Motion carries.
February 11, 2020 Regular Meeting
Motion by VanderLaan, seconded by Godfrey, to approve the February 11, 2020 Regular
Meeting as presented. Vote taken by roll call:
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
Regular Andover Planning and Zoning Commission Meeting
Minutes — May 12, 2020
Page 2
Godfrey: aye
Hudson: aye
Loehlein: aye
VanderLaan: aye
Elias: aye
Pena: aye
Koehler: aye
Motion carries.
PUBLIC HEARING: Amendment to City Code Title 12, Chapter 13, Section 22: Interim
Performance Standards - City of Andover (Applicant)
Community Development Director Janish introduced the item and stated the City is
proposing changing Interim Performance Standards from a conditional use to an interim
use in order to reflect the temporary, or "interim", nature of the use. Mr. Janish explained
that a Conditional Use runs with the property and an Interim Use lasts until a specific date
or until a specific event occurs. Mr. Janish explained 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.
Interim Performance Standards are temporary until such time as municipal utilities are
extended into the area.
Commissioner Hudson clarified that current CUPS would stay valid and anything new will
be Interim Use. Mr. Janish stated that Commissioner Hudson was correct.
Chairperson Koehler stated that Interim Use permits are valid for up to five years. He
asked if the City would require property owners to apply for the permit every five years
until municipal utilities were extended. Mr. Janish replied the City would provide for an
exemption from renewing it until the City extends municipal utilities. Chairperson Koehler
stated he is concerned that there will be conflicting rules within the City Code.
Motion by VanderLaan, seconded by Hudson, to open the public hearing at 7:08 p.m.
Vote taken by roll call:
Godfrey: aye
Hudson: aye
Loehlein: aye
VanderLaan: aye
Elias: aye
Perra: aye
Koehler: aye
Motion carries.
No one appeared before the Commission and staff did not receive any public comments.
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 — May 12, 2020
Page 3
Motion by Hudson, seconded by Godfrey, to close the public hearing at 7:09 p.m. Vote
taken by roll call:
Godfrey: aye
Hudson: aye
Loehlein: aye
VanderLaan: aye
Elias: aye
Perra: aye
Koehler: aye
Motion carries.
Commissioner VanderLaan pointed out the Planning Commission packet included a
resolution for a denial and an ordinance for approval. She asked if the Commission was
approving a resolution or an ordinance. Mr. Janish replied the approval will be a
recommendation for an ordinance and a denial will be in the form of a resolution.
Motion by VanderLaan, seconded by Godfrey, to recommend to the City Council approval
of the Draft Ordinance Amending City Code Title 12: Zoning Regulations, Chapter 13:
Performance Standards, Section 22: Interim Performance Standards. Vote taken by roll
call:
Godfrey: aye
Hudson: aye
Loehlein: aye
Perra: aye
VanderLaan: aye
Elias: aye
Koehler: aye
Motion carries.
PUBLIC HEARING. Amendment to City Code Title 12, Chapter 13, Section 8: Off -
Street Parking Requirements - City of Andover (Applicant)
Community Development Director Janish stated staff have reviewed the Off -Street Parking
Ordinance and would like to make the code clear regarding parking on single family
property. He stated staff's interpretation is that vehicles parked on the side of the home
are in violation of the parking ordinance unless they are on impervious surfaces. Mr. Janish
displayed the changes to the code.
Motion by Elias, seconded by Godfrey, to open the public hearing at 7:15 p.m. Vote taken
by roll call:
Godfrey: aye
Hudson: aye
Loehlein: aye
Perra: aye
VanderLaan: aye
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
lb
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
Regular Andover Planning and Zoning Commission Meeting
Minutes —May 12, 2020
Page 4
Elias: aye
Koehler: aye
Motion carries.
No one appeared before the Commission and staff did not receive any public comments.
Motion by Hudson, seconded by Elias, to close the public hearing at 7:16 p.m. Vote taken
by roll call:
Godfrey: aye
Hudson: aye
Loehlein: aye
Perra: aye
VanderLaan: aye
Elias: aye
Koehler: aye
Motion carries.
Motion by VanderLaan, seconded by Elias, to recommend to the City Council approval of
the Draft Ordinance Amending City Code Title 12: Zoning Regulations, Chapter 13:
Performance Standards, Section 8: Off -Street Parking Requirements. Vote taken by roll
call:
Godfrey: aye
Hudson: aye
Loehlein: aye
Perra: aye
VanderLaan: aye
Elias: aye
Koehler: aye
Motion carries.
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
Community Development Director Janish stated that City code refers to two phrases that
mean the same: Clear View Triangle or Sight Triangle. Mr. Janish stated staff is
recommending using the phrase "Sight Triangle" and eliminating "Clear View Triangle".
Mr. Janish explained that a sight triangle is a triangularly shaped area within 15 feet of
intersecting rights-of-way. Mr. Janish stated the sight triangle may be larger on streets
with higher speeds. He stated nothing can be placed or grown in this sight triangle area
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 — May 12, 2020
Page 5
that would be between a height of 2%2 and 10 feet above street level. Mr. Janish illustrated
the wording changes within the code.
Commissioner Godfrey asked staff to confirm that this recommendation is a clarification
of terminology and not a substantive change. Mr. Janish stated Commissioner Godfrey
was correct.
Chairperson Koehler asked staff to explain why the sight line has a 10 feet limit. Mr. Janish
replied that it is the sight line when driving a vehicle. Mr. Janish stated things that may be
above the 10 feet are canopies of trees.
Motion by Godfrey, seconded by Hudson, to open the public hearing at 7:22 p.m.
Vote taken by roll call:
Godfrey: aye
Hudson: aye
Loehlein: aye
Pena: aye
VanderLaan: aye
Elias: aye
Koehler: aye
Motion carries.
No one appeared before the Commission and staff did not receive any public comments.
Motion by Hudson, seconded by Godfrey, to close the public hearing at 7:22 p.m. Vote
taken by roll call:
Godfrey: aye
Hudson: aye
Loehlein: aye
Perra: aye
VanderLaan: aye
Elias: aye
Koehler: aye
Motion carries.
Motion by Loehlein, seconded by Hudson, to recommend to the City Council Approval of
the Draft Ordinance Amending Andover City Code Sections 12-2-2 and 12-13-6G
Regarding Sight Triangles. Vote taken by roll call:
Koehler: aye
Elias: aye
VanderLaan: aye
Perra: aye
Loehlein: aye
Hudson: aye
Godfrey: aye
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
Regular Andover Planning and Zoning Commission Meeting
Minutes — May 12, 2020
Page 6
Motion carries.
OTHER BUSINESS
Community Development Director Janish updated the Commission on a CUP for a liquor
license that was approved by the City Council.
Commissioner Loehlein commended staff for their work on cleaning up the City's
ordinances.
Commissioner VanderLaan asked staff if there was a way they could check on businesses
to see if they were able to apply for the small business loans offered by the Federal
Government due to COVID-19. Mr. Janish replied Mr. Griffiths is pushing out information
to businesses about different programs available. Mr. Janish stated the City is monitoring
the updates from the State of Minnesota and assisting with information about reopening.
Commissioner VanderLaan stated she was particularly concerned about Margie's Kitchen.
Mr. Janish stated Margie's Kitchen is currently under construction.
Chairperson Koehler commended staff for arranging the meeting via video for some
Commissioners and the public.
ADJOURNMENT
Motion by Godfrey, seconded by Elias, to adjourn the meeting at 7:29 p.m. Vote taken by
roll call:
Koehler: aye
Elias: aye
VanderLaan: aye
Perra: aye
Loehlein: aye
Hudson: aye
Godfrey: aye
Motion carries.
Respectfully Submitted,
Shan Kunza, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
C I T Y
NDO
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.AN DOVE RM N.GOV
TO: Planning & Zoning Commission
CC: Joe Janish, Community Development Directorllv
FROM: Jake Griffiths, Associate Planner
SUBJECT: Public Hearing: Amendment to City Code 12-2-2: Definitions, and City Code
12-12: Commercial/Industrial Permitted, Permitted Accessory, Conditional,
Interim and Prohibited Uses
DATE: July 14, 2020
INTRODUCTION
Currently, City Code defines contractor shops and storage yards as a "manufacturing" use which
is only permitted in General Business and Industrial zoning districts. Recently, staff was
approached by a local business owner who was interested in operating their landscaping and tree
trimming business out of a property within a Neighborhood Business district.
Since landscaping businesses are classified as "manufacturing" by the City Code, the use is
currently prohibited within the Neighborhood Business district. This means the business owner
would have to find a location within an existing General Business or Industrial district or the
City Code would need to be amended.
Upon being approached by the business owner, staff brought this item to the City Council at the
June 23, 2020 workshop for a discussion on uses within the Neighborhood Business district.
After review, the Council expressed support to amend the City Code to allow for "contractor
shops and storage yards" as a conditional use within rural Neighborhood Business districts.
DISCUSSION
The proposed amendment would modify the definition of "Manufacturing" and create a new
definition for "Contractors' Shops and Storage Yards". The proposed amendment would make
Contractors' Shops and Storage Yards a permitted use in the General Business and Industrial
districts, and a conditional use within rural Neighborhood Business districts. Contractor shops
and storage yards would still be prohibited in Neighborhood Business districts within the MUSA
boundary. Draft amendment language is attached for your review.
Contractors' Shops and Storage Yards
Contractors' Shops and Storage Yards would be used for the storage and maintenance of
equipment, materials, or vehicles. This could include storage of large commercial equipment and
vehicles, boom trucks, pick up trucks, snow plow equipment, etc. This could also include storage
of materials such as brush, grass clippings, yard waste, etc.
Conditional Use Permit Process
Through the conditional use permit process, the City Council can add reasonable conditions to
their approval that restrict hours of operation, require screening/buffering, etc. The conditional
use permit process also requires a public hearing, a Planning and Zoning Commission
recommendation and final City Council approval. Upon receipt of an application, property
owners within 700 ft would be notified and given an opportunity to comment.
Purpose of the Neighborhood Business District
City Code states that Neighborhood Business areas are meant for:
J NB Neighborhood Business District: This district is used for retail sales and services in
such scale as to serve the surrounding neighborhood needs. Locations for Neighborhood
Business districts are typically small plots in close proximity to or surrounded by
residential areas. NB zoning districts do not require frontage on an arterial roadway and
can be served by local and collector streets. However, this district shall not be served
exclusively by local streets. This district's location shall provide sufficient space for
buffering from less intense uses. (Amended Ord 31410-4- 2005)
ACTION REQUESTED
The Planning and Zoning Commission is asked to conduct a public hearing on the proposed
amendment and make a recommendation to the City Council.
;rti
lly submitted,7akeake s
Associate Planner
Attachments
Draft Resolution to Ordain Ordinance No. XX
Draft Summary Ordinance for Publication
Draft Resolution of Denial
Zoning Map w/ Potential Locations
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE XX
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS AS
FOLLOWS:
AN ORDINANCE AMENDING CITY CODE TITLE 12, CHAPTER 2, SECTION 2:
DEFINITIONS, AND CITY CODE TITLE 12, CHAPTER 12:
COMMERCIAL/INDUSTRIAL PERMITTED, PERMITTED ACCESSORY,
CONDITIONAL, INTERIM AND PROHIBITED USES
12-2-2: DEFINITIONS:
CONTRACTORS
SHOPS AND
STORAGE YARDS: An area and/or building used for the storage and
maintenance of equipment, materials, or vehicles
devoted to use by a person who contracts to supply
certain materials or to do certain work in the field of
building trades or landscaping.
MANUFACTURING: Such uses include, but are not limited to, the
following: lumberyard, machine shops, products
assembly, sheet metal shops, plastics, electronics,
,food and
beverages, signs and displays, printing, publishing,
fabricated metal parts, appliances, clothing and
textiles. (Amended Ord. 436, 4-15-2014)
12-12: COMMERCIAL/INDUSTRIAL PERMITTED, PERMITTED
ACCESSORY, CONDITOINAL, INTERIM AND PROHIBITED USES:
P-Pemutted Use
GR- General Recreahm
PA-Pemitted Aoc ory Use
LB -Limited Business
C- Condidonal Uses stxtnomares
NB-Neighbodwod Business
X- ProhbitedUse
SC- Shopping Crnter
PUD Planned Unit Deve] t
GB -General Business
I- Interim Use
I -Industrial
If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited
P=PermmittWedry, Condifional, Interim and Prohibited UsesZoning Districts
GR LB NB SC GB I
Sc
X X X X X X
Post-Secondag Schools
C
C
C
C
C
C
Schools exceedingheight maximum u 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, stoma e, and sales- during operating hours only
X
X
C
C
C
C
Tires - Exterior stoma e 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 storm e
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
i elines, 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
Contractors' Sho s and Storage Yards
X
X
C"
X
P
P
Reli ious Institution
X
X
X
Clubs and lodges
X
X
X
Continuous operation of a business (footnote 9 & 10)
X
X
P
Excavation (Mining) greater than 400 cubic yards when no building permit
has been issued in compliance with City Code 12-16
1
1
I
Ax
Golf courses and drivingranges
C
X
X
GroupHomes m re ulated b State Statute
X
X
X
X
X
X
mation in com liance with Cit Code 12-16
I
I
I
X
X
X
X
X
X
rin
X
X
X
X
P
P
KResc=h
C
X
X
X
X
X
X
p s
p
p
p
p
ned and o erated ro erty exce t as herein amended
P
P
P
P
P
P
boratories
X
X
X
P
P
Swimmin pools and recreation areas or structures
PA
PA
PA
PA
pAUses
which may be detrimental to the health, safety, and welfare of persons
residing or working in the vicinity
JPA
X
X
X
X
X
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. 8RRRRRR, 10-1-2002; amd. Ord. 8AAAAAAA, 4-15-2003; amd. 2003 Code; atnd. 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. 480,3-20-18)
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 13-2-4 of this code for permitted, conditional, and prohibited uses in the AgP district.
8Farn 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)
1017rom November 15th to January 1 st continuous operation will be allowed in the General Business and
Industrial Zoning District. (Amended Ord. 424, 11-7-12)
11 See subsection 12-9-2 of this code for permitted home occupations.
12 Contractors' Shops and Storage Yards within NB — Neighborhood Business districts shall be located on properties
outside of the Metropolitan Urban Service Area (MUSA) boundary.
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, CHAPTER 2, SECTION 2: DEFINITIONS, AND
CITY CODE TITLE 12, CHAPTER 12: COMMERCIAL/INDUSTRIAL PERMITTED, PERMITTED
ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES
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. Contractors' Shops and
Storage Yards are a conditional use in NB — Neighborhood Business districts located outside of the
Metropolitan Urban Service Area (MUSA) boundary. Contractors' Shops and Storage Yards are a permitted
use in the GB — General Business and I — Industrial districts and are prohibited in all other districts.
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 XX day of XXXX 2020.
ATTEST: CITY OF ANDOVER
Michelle Harmer, City Clerk
Julie Trude, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES NO.
A RESOLUTION DENYING THE CITY CODE AMENDMENT TITLE 12, CHAPTER 2,
SECTION 2: DEFINITIONS, AND CITY CODE TITLE 12, CHAPTER 12:
COMMERCIAL/INDUSTRIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL,
INTERIM AND PROHIBITED USES
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 Harmer, City Clerk
CITY OF ANDOVER:
Julie Trude, Mayor
D I A A TRIBES Ff. 0 WE R S BI RDS TREES
K C I T Y 0 F
ND6 06 WE
0
_1
..... ... ..
D j - ill"I "I
LAKE
C0
LEEMAk
Z Ljj
Only Neighborhood Business district
0 properties where the amendment would
N currently apply.
-7f
Lill
-7.
The information represented on this map displays the
contents of the City of Andover Official Land Use Map
This is only a graphical depiction of the Land Use Types 7
The Planning Depilment should be referenced mr sloyair,
questions F.incomm, land use.
Land use is sulprot to change Forquesbars
or comments please contact the City of Andover
City of Andover - Planning Department
1685 Crosstown Blvd. NW
Andover, MN 55304 WAG
(763)755-5146
Zoning Designations: Acres:
asnu.n.... LAKE N F1.
R1- Single Family Rural 12.390.41 5554%
L�J R -1A - Manufactured! Housing 34 95 0,16%
R-2 - Single Family -Estate 1,228.81 5.51%
R_3- Single Family -Suburban 618.80 277% .7 1 JEZ
-I-
RA-Single Family -Urban 3,67226 16.46%
M-1- Multiple Dwelling Medium Call 89.33 040%
F—
df t -2 M - Multiple Dwelling 12349 0.55%
US. Limited Business 146 0.00%
14B.N.ightsorhocIdBuslinnislas 2333 011%
SC - ShWping Center 49,55 0.22% ALI
dr GB - General Businew 237,12 106%
k 1: al,
Indi Sll.M 0,24%
mi 11 1 1, � - -41��
(kiii -1", 4
Ito -
GR. General Recreation n.13 0.15% N
water 522,911 2.M%
2 1887 9N% Date: 1011/2019
Z, IS 410
Rhtbf-Way
12 ,
IF AgroulluralPmes-ve
07.28 4,54%
Total
22,310.01 100%
Overlay Features:
Acres:
[0 Park Area
1,239.29
rq SFFhi. River Way
1,05376
MUSA
Section Lines
RF: 11,
0 750 ,turn ]oPt
Mile
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning & Zoning Commission
CC: Joe Janish, Community Development Director
FROM: Peter Hellegers, City Planner
SUBJECT: Public Hearing: Amendment to City Code 12-7: Fences and Walls
DATE: July 14, 2020
BACKGROUND
Recently, a property owner working through their Commercial Site Plan, approached City staff
about utilizing a six (6) foot tall fence in the front yard for the business to help screen the
property instead of just utilizing landscaping. City Code currently limits fence height to four (4)
feet in height if it is "closer to the front property line than the principal structure..." (located in
the front yard). Staff presented the request to the City Council and asked if they would like to
pursue a code amendment to allow increased fence height in the front yard area. City Council
directed staff to draft the amendment and bring it forward for consideration.
City staff surveyed other communities in the area and found that in business and industrial zones
some communities allow fences of 6 feet or above in the front yard (including Anoka, Blaine,
and Ham Lake) while other communities maintain a front yard fence height of 4 feet (including
Coon Rapids, Fridley, and Ramsey).
Survey of Adjacent Communities Industrial Fencing Requirements
city
Summary of Requirements
Anoka
In business & industrial zones, fences may go up to 6 ft in height regardless of
location. An administrative fence permit is required.
Blaine
In business & industrial zones, fences may go up to 7 ft in height regardless of
location. An administrative fence permit is required.
Coon
In commercial/industrial/office districts front yard fencing is limited to 4 ft in
Rapids
height, except in an approved site plan.
Fridley
Regardless of district, fences in the front yard may not exceed 4 ft in height unless a
variance is approved.
Ham Lake
In commercial/industrial districts front yard fencing may be between 6ft and 1211 in
height. A building permit is required.
Ramsey
4 ft maximum in front yard no matter district. Variance required to go above 4 ft.
DISCUSSION
The proposed City Code amendment would allow fences in the front yard of the Hughs-
Westview Industrial Park to be up to six (6) feet in height through the Commercial Site Plan
process provided that the fence is used to screen an approved use of the property and that
landscaping is used to break up the mass of the fence line. The amendment would also state that
barbed wire and electric fences shall not be used on residential lots except for containing farm
animals and that barbed wire may be used around utility and substation sites.
ACTION REQUESTED
The Planning and Zoning Commission is asked to conduct a public hearing on the proposed
amendment and make a recommendation to the City Council.
Attachments
Draft Ordinance No. XX
Draft Summary Ordinance for Publication
Draft Resolution of Denial
Zoning Map w/ location of Hughs-Westview Industrial Park area.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE XX
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS AS
FOLLOWS:
AN ORDINANCE AMENDING CITY CODE TITLE 12,
CHAPTER 7: FENCES AND WALLS
CHAPTER 7
FENCES AND WALLS
SECTION:
12-7-1:
Permitted Use
12-7-2:
Locations
12-7-3:
Fence Height
12-7-4:
Performance Standards
12-7-5:
Barbed Wire and Electric Fences
12-7-6:
Exemptions From Provisions
12-7-1: PERMITTED USE:
Fences, walls, hedges and similar barriers (herein referred to as fences) shall be
permitted in all yards subject to the provisions of this chapter. A permit is required for
the construction of all fences or walls that are located on, in, or near any property line,
drainage and utility easement, or wetland in the City of Andover. A permit application
shall be submitted for review by the Engineering Department and an application fee
shall be paid as outlined in Chapter 1-7-3 of this code prior to the issuance of any
permit. (Amend. 12/6/05, Ord. 317)
12-7-2: LOCATION:
A. Fences shall be located entirely on the private property of the individual
constructing the fence. Fences may be placed up to the property line. It is the
responsibility of the property owner to determine the location of property lines.
Fences may be located in any private yard or along a side or rear property line,
except as follows:
1. No fence shall be placed in the public right-of-way.
Fences shall not be placed in underground utility easements. Fences may be
placed in other utility easements if they do not interfere with existing utilities.
The existence and location of private utility easements and equipment must be
determined by contacting Gopher State One Call. (Amended 4/19/11, Ord. 405)
3. Fences shall not be constructed or placed in drainage areas, ponds, or
wetlands. Fences shall not be placed in easements that provide vehicle access
for the maintenance of drainage, ponding, or wetland areas. (Amended
4/19/11, Ord. 405)
4. For fence placements on 2.5 acres and larger lots, the City may permit non-
restrictive fencing in drainage, wetland or ponding areas as long as they do not
restrict the flow of water. Access to ponds, wetlands and other such areas may
be required by the City for maintenance purposes. (Amended 4/19/11, Ord.
405)
5. Fences in any area shall not be -enclosed, hinder or restrict access to utility
boxes, fire hydrants or other above ground utilities. (Amended 4/19/11, Ord.
405)
6. Fences on corner lots shall not encroach upon the GteaF ViewSight Triangle as
defined in Section 12-2-2 of this code.
B. Any fence placed in violation of this section shall be the liability of the property
owner who constructed it. The City, or any other agency having authority to work
in a right-of-way or easement area, shall not be liable for repair or replacement of
such fences in the event they are moved, damaged, or destroyed by virtue of the
lawful use of that area. Any damage caused by the illegal placement of a fence
shall be the responsibility of the property owner who constructed it.
12-7-3: FENCE HEIGHT:
A. In the rear and side yards up to the front fagade of the principal structure, fences
up to a height of six (6) feet are allowed. (Amended Ord. 386, 8/5/09)
B. Fences located closer to the front property line than the principal structure, shall
not exceed four (4) feet in height. Except as follows:
1. In the RR Single -Family Rural Reserve, R-1 Single -Family Rural Residential
and R-2 Single -Family Estate zoning districts, 'ornamental fences", as
defined in Section 12-2-2 of this title, of up to six (6) feet in height are
permitted in all yards, provided the fence does not encroach upon the Glear
View Sight Triangle as defined in Section 12-2-2 of this code. (Amended
Ord. 386, 8/5/09; Amended Ord. 468, 6-6- 17)
2. In the Hu -qhs -Westview Industrial Park where the industrial properties are
surrounded by large acreage lots the City may approve a fence in the front
yard of up to six (6) feet in height through the Commercial Site Plan (CSP)
process, provided that:
A The fence is to provide screening for an approved use of the property.
B. Landscaping as approved through the Commercial Site Plan shall be
utilized to break up the mass of the fence line.
12-7-4: PERFORMANCE STANDARDS:
A. Construction and Materials: Every fence shall be constructed in a workmanlike
manner. For all fences constructed after the adoption of this title, all posts,
supports, and framework shall be placed on the inside of the fence, with the
finished side facing the abutting property or street. Fences in all districts shall be
constructed of materials widely accepted in the fencing industry. No plywood
boards, canvas, plastic sheeting or metal sheeting shall be used for any fence
construction. No fence may have boards, planks, or panels larger than twelve (12)
inches in width.
Chain-link fences shall be constructed in such a manner that the barbed end is at
the bottom of the fence.
Silt fences shall only be allowed on construction sites or where deemed
necessary to prevent soil erosion.
Snow fences shall only be allowed between November 15t and April 15th.
B. Maintenance: All fences shall be maintained in good condition and vertical
position. Any missing, broken, incomplete, or deteriorated sections of fencing
material or structural elements shall be replaced with the same quality of material
and workmanship.
All exterior wood surfaces, other than decay resistant woods, shall be protected
from the elements and decay by a protective covering or treatment. If twenty-five
percent (25%) of the surface is peeling, cracked, chipped, blistered, or weathered
beyond effectiveness, the exterior surface shall be refinished. The entire surface
shall be uniformly treated and maintained with the same quality of workmanship.
(Amend. 12/6/05, Ord. 317)
Any fence not in conformance with this subsection shall be declared a nuisance
and repaired so as to be in conformance or removed by the property owner.
12-7-5: BARBED WIRE AND ELECTRIC FENCES:
A. A security arm for barbed wire to a maximum of eight (8) feet may be permitted by
Conditional Use Permit in industrial or business districts, or in any district when
used for exclusively for enclosing utility and substation sites -
B. Barbed wire and electrical fences shall not be permitted on residential lots of less
than two and one half (2.5) acres and shall be exclusively for the use of containing
farm animals.
12-7-6: EXEMPTIONS FROM PROVISIONS:
Fences that are for the sole purpose of containing farm animals are not subject to the
provision of this title. (Ord. 8PPPPPP, 8-20-2002; amd. 2003 Code; amd. Ord. 314, 10-
4-2005)
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, CHAPTER 7: FENCES AND WALLS
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 proposed amendments
to Title 12, Chapter 7 regarding Fence and Walls would: allow taller fences in the front yard area for industrial
properties in the Hughs-Westview Industrial Park for screening the uses, replaces clear view triangle references
with sight triangle to be consistent throughout City Code, and clarifies that barbed wire and electric fences
shall only be allowed on residential lots when used to contain farm animals.
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 XX day of XXXX 2020.
ATTEST: CITY OF ANDOVER
Michelle Harmer, City Clerk
Julie Trude, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES NO.
A RESOLUTION DENYING THE CITY CODE AMENDMENT TITLE 12,
CHAPTER 7: FENCES AND WALLS
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.
El
Adopted by the City Council of the City of Andover on this XX day of XXXX 2020
ATTEST:
Michelle Harmer, City Clerk
CITY OF ANDOVER:
Julie Trude, Mayor
Sol
algal iplo:
PRO,
O
ughs-Westview
a Industrial Park
im
mail
i6w 1
........ ....... ...
.. ...... . . ....... .
1665 Ges.Sow. Bhd, 11111
N
Ovaley F*mt, AC( :,-
mail
i6w 1
........ ....... ...
.. ...... . . ....... .