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Home My WebLink About09-14-21• .} 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Meeting Agenda September 14, 2021 Andover City Hall Council Chambers 7:00 a.m. 1. Call to Order 2. Pledge of Allegiance 3. Approval of Minutes — August 24, 2021 Workshop, August 24, 2021 Regular Meeting 4. Public Hearing: City Code Amendment — Title 12: Zoning Regulations, Chapter 2: Definitions and Chapter 12: Residential Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses — Adopt City Code Requirements for Keeping of Roosters on Residential Properties — City of Andover (Applicant) 5. Other Business 6. Adjournment 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Joe Janish, Community Development Director SUBJECT: Approval of Minutes — August 24, 2021 Workshop and August 24, 2021 Regular Meeting minutes DATE: September 14, 2021 REQUEST The Planning and Zoning Commission is requested to approve the August 24, 2021 Workshop and August 24, 2021 Regular meeting minutes. 8 PLANNING AND ZONING COMMISSION WORKSHOP MEETING 9 AUGUST 24, 2021 10 11 12 The Workshop Meeting of the Andover Planning and Zoning Commission was called to 13 order by Chairperson Bert Koehler W on August 24, 2021, 6:00 p.m., at the Andover City 14 Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. 15 16 Commissioners present: Karen Godfrey, Mary VanderLaan, Nick Loehlein, Scott 17 Hudson, and Wes Volkenant 18 19 Commissioners absent: 20 21 Also present: Community Development Director Joe Janish 22 City Planner Peter Hellegers 23 Associate Planner Jake Griffiths 24 Others 25 26 27 DISCUSSION. • PRELIMINARY PLAT — MEADOWS AT NIGHTINGALE — PID 22- 28 32-24-31-00.09 29 3o The Planning & Zoning Commission is requested to discuss the preliminary plat for the 31 Meadows at Nightingale. Mr. Janish stated this development is zoned R-4 and the 32 developer is requesting a variance for the length of the cul-de-sac. Mr. Janish explained 33 the development meets R-4 criteria. He stated the Park and Recreation Commission 34 recommended cash in lieu of land. 35 36 Commissioner VanderLaan asked if the developer was resisting any of the comments and 37 requirements made by staff as noted in the City Engineer's comments. Mr. Janish said the 38 issues are being resolved and he does not see any items that will stand in the way. 39 40 Commissioner Volkenant asked what the retaining pond will look like as a result of this 41 development. Mr. Janish said the existing development is using it for water runoff and it 42 is designed to accommodate the addition of this development. 43 44 Commissioner Volkenant asked if the road entering the development could be shifted so 45 the cul-de-sac is within City Code. Mr. Janish stated if they shifted the road, the developer Andover Planning and Zoning Commission Workshop Meeting Minutes —August 24, 2021 Page 2 1 would lose lots and density would be too low to meet the Comp Plan goals. Commissioner 2 Volkenant asked if the Commission would be making a recommendation about the length 3 of the cul-de-sac this evening. Mr. Janish stated the Commission would include a 4 recommendation of the cul-de-sac variance. 6 Chairperson Koehler asked if staff had any concerns over the length of the cul-de-sac. Mr. 7 Janish said staff do not have concerns and are considering a change to City code to 8 accommodate longer cul-de-sacs. N 1 o DISCUSSION: REZONING, CONDITIONAL USE PERMIT, PLANNED UNIT 11 DEVELOPMENT AND PRELIMINARY PLAT — FIELDS OF WINSLOW COVE — 12 PLDs: 23-32-24-41-0001, 23-32-24-42-0003, 23-32-24-43-0005, 23-32-24-44-0001, 24- 13 32-24-31-0001, 24-32-24-32-0001, 24-32-24-33-0001, 24-32-24-34-0001, and 24-32-24- 14 43-0001 15 16 The Planning & Zoning Commission is requested to discuss rezoning, Conditional Use 17 Permit (CUP), Planned Unit Development (PUD), and the preliminary plat for the Fields 18 of Winslow Cove. Mr. Hellegers stated the development encompasses 244 acres including 19 117 acres of open space and parks. Mr. Hellegers stated the development is a mix of 20 housing styles and density. He identified the access points with a roundabout at the main 21 access point on Prairie Road. Mr. Janish explained the developer is meeting the density 22 requirement by blending in varying lot sizes. 23 24 Mr. Hellegers stated buffering and landscaping came up during the sketch plan review and 25 displayed a map illustrating how the developer addressed buffer zones. Mr. Hellegers 26 displayed the lot standards and PUD proposal requesting smaller lot sizes, lot frontage at 27 right-of-way, lot depth, land coverage, and lot size. 28 29 Commissioner Loehlein asked if there is concern about comer setbacks regarding site line 30 and the speed on Prairie Road. Mr. Hellegers stated the corner setback variance allows for 31 more lots and there is not concern over site lines within the development. He said the lots 32 bordering Prairie Road have larger setbacks and do not impede site lines. Chairperson 33 Koehler noted the City's site triangle is 15 feet from the corner and the developer is 34 proposing at 25 -foot corner setback from City right-of-way. He doesn't feel the setback 35 proposed in the PUD is an issue. 36 37 Commissioner Volkenant said there are two parks proposed and it appears they are in the 38 wetland. He asked which park is the designated park. Mr. Hellegers said Park 2, in the 39 northwest corner, consists of wetland and upland. Commissioner Volkenant asked if the 40 homes in the northeast quadrant will access parks by a trail or by Prairie Road. Mr. 41 Hellegers identified the routes residents may take to get to parks, including walking along 42 Prairie Road. Commissioner Volkenant asked how people from the southeast quadrant can 43 get to Prairie Knoll. Mr. Hellegers stated they would take the trail to the roundabout then 44 head south on a trail on Prairie Road which will be built in the fixture. 45 Andover Planning and Zoning Commission Workshop Meeting Minutes —August 24, 2021 Page 3 1 Commissioner Volkenant asked why the City is requesting the developer to revise the rear 2 yard in lots 1 and 2 under Engineering Comment 4365. Mr. Janish said they are asking 3 them to revise the drainage and utility easement widths due to stormwater drainage and 4 grading plan. 6 Chairperson Koehler asked if there are any concerns coming out of the City Engineer's 7 comments that may be a dealbreaker. Mr. Janish stated the engineering comments are 8 addressing trivial matters and not questioning the major layout of roads and lots. He does 9 not see any deal breakers. 10 11 Commissioner VanderLaan asked if the City communicates with the railroad with regards 12 to noise or sight abatement. Mr. Janish stated his experience with the railroad is that they 13 don't do anything with noise or sight. He stated the responsibility falls on the developer 14 and cities. Mr. Janish said there is an outlot along the railroad tracks and homes are further 15 away from the tracks than other homes in Andover. 16 17 Commissioner Loehlein asked why Kumquat Street is ending instead of being stubbed out. 18 Mr. Janish said there is no need to extend Kumquat because there are other access points 19 for the property to the south and it preserves the trees that would have been taken down if 20 the road was extended. 21 22 Commissioner Volkenant stated there is a concern from residents about kids getting out 23 and about with trails and sidewalks along busy roads and asked if trails should be 24 constructed sooner than later. Mr. Janish stated funding is an issue when building trails. 25 Mr. Janish stated development drives the construction of trails and the City has limited 26 funds to build trails on other roads. He said the City plans for trails and safe crossings, but 27 building them takes funding and time. Chairperson Koehler stated Prairie Road has wide 28 shoulders and connects to Andover Boulevard. 29 30 Mr. Hellegers noted the option of a pedestrian railroad underpass is still viable. He 31 explained there is an outlot that is reserved for an underpass, and it may happen in the 32 future. Mr. Janish stated the City is evaluating the cost of construction, maintenance, and 33 the impact on the surrounding properties. 34 35 Chairperson Koehler asked if the City is looking at an underpass at another location. Mr. 36 Janish stated this is the best location even though it isn't ideal. 37 38 OTHER BUSINESS 39 40 No other business. 41 42 ADJOURNMENT 43 44 Motion by Volkenant, seconded by Godfrey to adjourn the meeting at 6:48 p.m. Motion 45 carries unanimously. Andover Planning and Zoning Commission Workshop Meeting Minutes —August 24, 2027 Page 4 2 Respectfully Submitted, 4 Shari Kunza, Recording Secretary 5 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 PLANNING AND ZONING COMMISSION REGULAR MEETING AUGUST 24, 2021 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bert Koehler IV on August 24, 2021, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Karen Godfrey, Mary VanderLaan, Nick Loehlein, Scott Hudson, and Wes Volkenant Commissioners absent: None Also present: Community Development Director Joe Janish City Planner Peter Hellegers Associate Planner Jake Griffiths Others PLEDGE OFALLEGL4NCE APPROVAL OFMINUTES August 10, 2021 Regular Meeting Staff indicated they received several minor changes via email and made the corrections. Chairperson Koehler requested an edit to page 2, line 23 "Mr. Janish stated there are 140 wiles underground stalls that are 9 feet wide and 160 parking spaces on the surface lot." Motion: Motion by Loehlein, second by Volkenant to approve the August 10, 2021 Regular Meeting minutes as amended. Motion carries unanimously. PUBLIC HEARING: CONSIDER PRELIMINARY PLAT — MEADOWS AT NIGHTINGALE — PID 22-32-24-31-0009 — TAMARACK LAND DEVELOPMENT LLC (APPLICANT) Regular Andover Planning and Zoning Commission Meeting Minutes —August 24, 2021 Page 2 1 The Planning Commission is asked to hold a public hearing, take public comment, and 2 provide a recommendation on a preliminary plat for the Meadows at Nightingale. 3 Community Development Director Janish identified the location of the development. He 4 stated the parcel is guided Single Family Urban with a density of 2.4 to 4 units per acre. 5 Mr. Janish displayed the preliminary plat and stated it is comprised of 20 lots at 3.23 units 6 per acre. He identified the access points and utility connections. Mr. Janish explained the 7 development meets the R-4 standards with the exception of exceeding the cul-de-sac length 8 by 24 feet. Mr. Janish noted since development meets R-4 standards, the developer has 9 chosen to forego the sketch plan process and proceed with the preliminary plat. 10 11 Motion: Chairperson Koehler assumed a motion to open the Public Hearing at 7:06 p.m. 12 Motion carries by unanimous consent. 13 14 Sally Blair, 2047 1513 Lane, came forward and stated she has been paying assessments for 15 road improvements on 1513 Lane. She wants to make sure the road is repaired if damaged 16 during construction. She asked for the timeline of construction for development. 17 18 Brian Theis, Tamarack Land Development, came forward and stated they plan on starting 19 grading and construction this fall. He stated if they damage the road, they will repair it. 20 21 Chairperson Koehler asked how cars will get through 1515` Lane if they are tearing up the 22 road for utility connections. Mr. Theis stated they will have traffic control barricades and 23 the road will never be completely closed. He explained the new streets will be completed 24 by Thanksgiving and the connections on 15155 Lane will be completed before that. 25 26 Commissioner Volkenant asked what the developer is planning to do with the pond behind 27 lots 5 and 6. Mr. Theis said it is a regional pond that was constructed with a previous 28 development and will be used for this development. He said they will expand it a bit but 29 are not fundamentally changing it. 30 31 Commissioner VanderLaan said the area was previously used as a community garden and 32 has a water connection. She asked Mr. Theis if he was going to use it or remove it. Mr. 33 Theis stated if there is a well, it will be abandoned, and they do not intend on using it. 34 35 Motion: Chairperson Koehler assumed a motion to close the Public Hearing at 7:13 p.m. 36 Motion carries by unanimous consent. 37 38 Chairperson Koehler asked Mr. Janish to address 1513 Lane and how repairs are monitored 39 and approved. Mr. Janish said City staff inspects the project as it goes along. He said if a 40 resident has an issue with the repair, they can call the City. City staff will work with the 41 developer to resolve issues. Chairperson Koehler said he had his road torn up and 42 encouraged residents to take pictures and call the City. 43 44 Commissioner Loehlein asked Mr. Janish to address the cul-de-sac length and if it was 45 discussed with public safety. Mr. Janish said the Fire Chief reviewed the plan and they Regular Andover Planning and Zoning Commission Meeting Minutes —August 24, 2021 Page 3 1 discussed an emergency trail. The Fire Chief did not believe an emergency trail was 2 necessary but recommended installation of a fire hydrant at the T in the road. Mr. Janish 3 stated if the road was shifted to shorten the cul-de-sac, they would lose lots and would not 4 be able to make R-4 standards. 6 Commissioner Volkenant asked Mr. Janish to address the City Engineer's comments. Mr. 7 Janish stated staff reviews each development and provides comments to the developer. He 8 stated the developer and staff work on the items before bringing forward the preliminary 9 plat to the Commission. Mr. Janish stated the remaining comments are considered "house to cleaning" items and if the comments are not addressed, the developer cannot begin grading. 11 12 Motion: Motion by Loehlein, second by VanderLaan to recommend approval of the 13 preliminary plat for Meadows at Nightingale as presented in the staff report. Motion carries 14 unanimously. 15 16 Mr. Janish stated this item and all other items on this agenda will go before the Council on 17 September 7, 2021. 18 19 PUBLIC HEARING. CONSIDER REZONING REQUEST — REZONE PROPERTY 20 FROMR-1: SINGLE FAMILYRURALTOR-4SINGLEFAMILYURBAN—PIDs:23- 21 32-24-41-0001, 23-32-24-42-0003, 23-32-24-43-0005, 23-32-24-44-0001, 24-32-24-31- 22 0001, 24-32-24-32-0001, 24-32-24-33-0001, 24-32-24-34-0001, and 24-32-24-43-0001 — 23 U.S. HOME CORPORATION DBA LENNAR (APPLICANT) 24 25 The Planning Commission is asked to hold a public hearing, take public comments, and 26 provide a recommendation on a rezoning request from R-1: Single Family Rural to R-4: 27 Single Family Urban for the Fields at Winslow Cove. Associate Planner Griffiths identified 28 the location of the development. Mr. Griffiths stated this item addresses the zoning of the 29 parcels to allow it to move forward for CUP/PUD and preliminary plat. Mr. Griffiths 30 explained rezoning criteria. He stated the parcels are in the MUSA boundary and is guided 31 as Transitional Residential in the Comprehensive Plan. 32 33 Chairperson Koehler asked when this area was designated Transitional Residential. Mr. 34 Griffiths stated at least since 2008. 35 36 Motion: Chairperson Koehler assumed a motion to open the Public Hearing at 7:24 p.m. 37 Motion carries by unanimous consent. 38 39 No one came before the Commission. 40 41 Motion: Chairperson Koehler assumed a motion to close the Public Hearing at 7:25 p.m. 42 Motion carries by unanimous consent. 43 44 Motion: Motion by VanderLaan, second by Hudson, to recommend amending the City 45 Zoning Map from R-1: Single Family Rural to R-4: Single Family Urban for PIDs: 23-32- Regular Andover Planning and Zoning Commission Meeting Minutes — August 24, 2021 Page 4 1 24 -41 -0001,23 -32 -24-42-0003,23-32-24-43-0005,23-32-24-44-0001,24-32-24-31-0001, 2 24-32-24-32-0001,24-32-24-33-0001,24-32-24-34-0001, and 24-32-24-43-0001. Motion 3 carries unanimously. 5 Chairperson Koehler stated the item will go to City Council on September 7, 2021. 7 PUBLIC HEARING: CONSIDER CONDITIONAL USE PERMIT (CUP)/PLANNED 8 UNIT DEVELOPMENT (PUD) REQUEST - PIDs: 23-32-24-41-0001, 23-32-24-42- 9 0003, 23-32-24-43-0005, 23-32-24-44-0001, 24-32-24-31-0001, 24-32-24-32-0001, 24- 10 32-24-33-0001, 24-32-24-34-0001, and 24-32-24-43-0001 — U.S. HOME 11 CORPORATION DBA LENNAR (APPLICANT) 12 13 The Planning Commission is asked to hold a public hearing, take public comments, and 14 provide a recommendation on a Conditional Use Permit (CUP) and Planned Unit 15 Development (PUD) for the Fields at Winslow Cove. City Planner Hellegers identified the 16 location of the development consisting of 244 acres, 117 of which are open space and parks. 17 He stated the development will consist of 383 single family homes. Mr. Hellegers 18 explained the City is required to meet an overall density of 3 units per acre by the Met 19 Council. He stated the property is guided Urban Residential Low (2.4 to 4 net units per 20 acre) and Urban Residential Medium Low (4 to 8 net units per acre). He indicated this 21 development will be 3.04 net units per acre. Mr. Hellegers explained the development is 22 proposing 4 sizes of lots consisting of villas and single-family housing. He identified 23 access points off of Prairie Road with a roundabout at the main access point. Mr. Hellegers 24 stated the City is requiring buffering between this development and the surrounding 25 neighborhoods using existing trees and additional landscaping. 26 27 Mr. Hellegers explained a PUD, review criteria, and the proposed PUD standards. The 28 developer is asking for variations on the lot sizes, setbacks, and front yard trees. Mr. 29 Hellegers displayed images of housing styles and the lot size they would fit on. 30 31 Chairperson Koehler asked Mr. Hellegers to explain why there are multiple items on the 32 agenda for this development and the difference between the CUP item and a preliminary 33 plat. Mr. Hellegers stated the Planned Unit Development provides for the developer to 34 deviate from City Code. He explained the preliminary plat looks at the division of land and 35 how it is laid out. 36 37 Commissioner Hudson asked how this differs from the sketch plan they saw previously. 38 Mr. Hellegers stated there are not dramatic changes, but changes include a roundabout, 65- 39 foot villas lots and two parks. 40 41 Commissioner Volkenant asked about the northwest quadrant and buffering the property 42 to the north. Mr. Hellegers stated there is no required buffering to the property to the north 43 because it is also within the MUSA and will be developed in a similar style as this proposal. 44 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 —August 24, 2021 Page 5 Commissioner Loehlein explained the density of this development meets the City's goal in the comp plan and is not excessive. He stated the property has a lot of natural features including trees and wetland. Commissioner Loehlein asked Mr. Hellegers to address density and how this option is better than applying City Code with no changes and bulldozing all the natural features. Mr. Hellegers stated the Comp Plan has a goal of a density of 3 units per acre and this development is 3.04. He explained a PUD allows the developer to narrow lots to achieve the desired density without factoring natural areas. The PUD provides for a more attractive development by allowing natural features to remain. Chairperson Koehler stated this is the third villa type product that has come before Commission. He asked if villas are allowed in existing City Code. Mr. Hellegers stated there are no provisions in City Code for villas and the PUD process is the method to accommodate villas. Chairperson Koehler stated the City did not anticipate this type of home style and the only way to get it is through a PUD until City Code is updated. Mr. Hellegers stated correct. Commissioner Hudson asked if the villa standards in this development mirror other villas standards the City has already approved. Mr. Hellegers stated the villas in this development are similar to others within the City. Chairperson Koehler asked how the villa product has been received by the community and if there have been any issues. Mr. Hellegers stated they work fairly well and are becoming common in the community. Commissioner Volkenant asked about the grading, erosion, and water control per the City Engineer's comments. Mr. Hellegers stated the City Engineer's comments are minor details and the larger components of the development have been satisfactorily addressed. Motion: Chairperson Koehler assumed a motion to open the Public Hearing at 7:50 p.m. Motion carries by unanimous consent. Chairperson Koehler noted the open forum addresses deviations from City Code and not the layout of the development. Josh Metzer, with Lennar Homes, came forward and stated they are excited to come forward with preliminary plat and have been working on this development for over a year. He stated staff does a good job protecting City's interest. Mr. Metzer explained the difference between the sketch plan and the preliminary plat. The sketch plan had 399 units and the preliminary plat has 383 units. The sketch plan did not have any parks and the preliminary plat includes two parks, one on each side of Prairie Road. The sketch plan provided 1.75 miles of trails and the preliminary plat has 2.13 miles. The sketch plan did not show a roundabout and the preliminary plat includes a roundabout for traffic calming Regular Andover Planning and Zoning Commission Meeting Minutes —August 24, 2021 Page 6 1 and safe pedestrian crossing. Mr. Metzer stated the development will impact 2 acres of 2 wetland while preserving 41 acres of wetland that were previously farmed. 4 Mr. Metzer addressed the buffer along the north side and stated they will plant a row of 5 conifers to buffer year-round. He stated they will plant two rows of trees along the area to 6 the east labeled Area A. Mr. Metzer explained they are preserving trees wherever they can 7 and where they can't keep trees, they will be planting. Mr. Metzer says a PUD allows the 8 required density and preservation and restoration of wetlands. He said the development 9 will take about 5 years and will be conducted in phases starting on east side of Prairie Road. 10 11 Chairperson Koehler stated if the developer didn't request a PUD, they could clear cut the 12 land and put a grid in with two trees per property. Mr. Metzner said correct, but it would 13 be costly to impact the wetlands. He stated there wouldn't be trails, open space, and the 14 preservation of trees. Chairperson Koehler noted that the PUD is bending City Code to 15 preserve wetland and trees. 16 17 Motion: Chairperson Koehler assumed a motion to close the Public Hearing at 8:01 p.m. 18 Motion carries by unanimous consent. 19 20 Chairperson Koehler explained that a PUD is a tradeoff to allow a product City Code does 21 not permit that is very popular, and in exchange, wetlands, trees, and natural features are 22 preserved. 23 24 Motion. Motion by VanderLaan, second by Godfrey, to recommend approval of the 25 CUP/PUD for PIDs:23-32-24-41-0001,23-32-24-42-0003,23-32-24-43-0005,23-32-24- 26 44-0001, 24-32-24-31-0001, 24-32-24-32-0001, 24-32-24-33-0001, 24-32-24-34-0001, 27 and 24-32-24-43-0001 U.S. Home Corporation DBA Lennar. 28 29 Discussion: 30 Commissioner Loehlein thinks the Fields of Winslow Cove is the appropriate use of PUD. 31 He stated there is no place in City Code to handle villas and this is the right way to develop 32 and maintain natural features. Commissioner Loehlein believes the density is appropriate. 33 Chairperson Koehler concurred and stated the PUD is taking the same number of houses, 34 placing them in a smaller area, and preserving natural resources. 35 36 Commissioner Volkenant requested the Commission review City Code to allow the villa 37 product since the future of the PUD in Minnesota is unknown. 38 39 Motion carries unanimously. 40 41 Chairperson Koehler stated the item will go to City Council on September 7, 2021. 42 43 PUBLIC HEARING: CONSIDER PRELIMINARY PLAT — FIELDS OF WINSL0W 44 COVE - PIDs: 23-32-24-41-0001, 23-32-24-42-0003, 23-32-24-43-0005, 23-32-24-44- Regular Andover Planning and Zoning Commission Meeting Minutes —August 24, 2021 Page 7 1 0001, 24-32-24-31-0001, 24-32-24-32-0001, 24-32-24-33-0001, 24-32-24-34-0001, and 2 24-32-24-43-0001— U.S. HOME CORPORATION DBA LENNAR (APPLICANT) 4 The Planning Commission is asked to hold a public hearing, take public comments, and 5 provide a recommendation on a preliminary plat for the Fields of Winslow Cove. Associate 6 Planner Griffiths stated this item addresses the layout of the development. He indicated 7 there are 383 proposed lots broken down into 43 55 -foot villa homes, 35 65 -foot villa 8 homes, 280 65 -foot single family homes, and 35 85 -foot single family homes. He stated 9 48% of site is preserved as parks and open space. 10 11 Mr. Griffiths displayed the layout of the plat, broken into four quadrants. He explained 12 there are five proposed access points: three off of Prairie Road, a proposed extension of 13 Palm Street, and a proposed extension of 150a' Lane. 14 15 Mr. Griffiths noted 48% of the site will be open space and the developer proposes 1,000 16 new tree plantings. He stated the tree protection plan is in process. Mr. Griffiths explained 17 the developer has been working for over a year on this plan and is coordinating with the 18 Coon Creek Watershed, Army Corps of Engineers, and has conducted an Environmental 19 Assessment Worksheet. 20 21 Mr. Griffiths noted the addition of two parks, one on each side of Prairie Road with trails 22 that connect the residents to the parks. He stated the Park and Rec Commission will review 23 the parks and trails on September 2. 24 25 Commissioner Volkenant asked Mr. Griffiths to talk about the underpass on the railroad 26 tracks. Mr. Griffiths stated there is a placeholder on outlot A for a pedestrian railroad 27 underpass. The City and developer have been working on the feasibility of the underpass 28 and have found the trail would impact ground water and would need pumps to dewater 29 constantly. 30 31 Commissioner Volkenant asked Mr. Griffiths to clarify the buffer in area D, block 26, 32 bordering the Williams family property. Mr. Griffiths displayed an image of the buffer 33 and stated the developer will be planting trees. 34 35 Commissioner Volkenant asked for the size of the roundabout and the expected speed limit 36 change. Community Development Director Janish explained it will be a medium 37 roundabout and an advisory speed limit will be posted. He does not recall the exact speed, 38 but the roundabout will reduce the speed from 50 mph to provide for safe pedestrian 39 crossing. 40 41 Commissioner Volkenant asked for type of traffic signage on access A and C. Mr. Janish 42 said traffic entering Prairie Road will have a stop sign and there will be no stop signs along 43 Prairie Road. 44 Regular Andover Planning and Zoning Commission Meeting Minutes —August 24, 2021 Page 8 1 Chairperson Koehler asked if the roundabout is a single lane. Mr. Janish confirmed it is a 2 single lane roundabout. 4 Motion: Chairperson Koehler assumed a motion to open the Public Hearing at 8:18 p.m. 5 Motion carries by unanimous consent. 7 Steve MacGlover, 14909 University Ave. in Ham Lake, came forward and stated his family 8 owns the property that borders this development to the east. He asked why they plan on 9 developing the east side of Prairie Road fust if utilities are being brought in from the 10 railroad tracks. He stated the houses are an eyesore. He thinks they should develop on the 11 west of Prairie Road first. 12 13 Susan Williams, 14964 Evergreen St NW, came forward and said she assumed they would 14 develop closest to the railroad tracks first. She was told their area would develop last. She 15 was told the buffer along her property would be 20 feet. She would like to see the buffer 16 be 30 feet to preserve more trees. Ms. Williams asked about the types and sizes of trees 17 that would be planted in the buffer zone. 18 19 Chairperson Koehler read an email sent by Ross Tracy asking why there are no proposed 20 buffer zones on the northwest end of the plat. Chairperson Koehler stated the property to 21 the northwest falls within the MUSA boundary and a buffer is not required. 22 23 Mr. Metzer stated the east side of Prairie Road is going to develop by segments. He 24 indicated development will begin along Prairie Road near the roundabout, then go to the 25 west side of Prairie, with the last phase along intersection C. Mr. Metzer said they have 26 chosen to start on the east side of Prairie Road because it has the least impact on the 27 wetlands, and they are still working through wetland permitting. 28 29 Mr. Metzer is proposing two rows of conifers along Ms. Williams property and plans on 30 leaving a dense area of trees along lot 25. He explained they need to grade the land to 31 maintain stormwater on the development. Mr. Metzer stated they will plant two types of 32 trees: development trees and home building trees. He explained development trees are 33 used as buffers and home building trees are installed after the homes are built. Mr. Metzer 34 indicated development trees are 6 -foot conifers with a 1 -year warranty. 35 36 Chairperson Koehler asked if they could work with Ms. Williams on the type of conifers 37 planted. Mr. Janish stated the City's Natural Resource Technician works with the developer 38 on tree plantings. He stated they can consult with Ms. Williams as well. Mr. Metzer noted 39 the types of trees planted will depend on what is available, and the plantings can be 4-5 40 years out. Mr. Janish explained the Natural Resource Technician will approve any changes 41 to the types of trees. 42 43 Mr. Metzer said they may grade the entire site, but the building of homes may be 4-5 years 44 out. If that is the case, he said they can plant the development trees sooner. 45 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 —August 24, 2021 Page 9 Mr. Metzer indicated he has been in contact with Mr. Tracy, and they will be planting conifers as a buffer to his property. Commissioner Volkenant asked if there would be any issues with the grading if Ms. Williams plants trees on her property. Mr. Metzer recommended holding off planting anything around 20 feet from the stub street in case there is disruption of the property line. Commissioner Godfrey asked how the parks relate to the development phasing. Mr. Metzer said the park on the east side will be graded in 2022 or 2023 and the park on the west side will go live when the area is developed. Commissioner Godfrey asked if the parks are HOA maintained or deeded to the City. Mr. Metzer said they will be deeded to the City. Ms. Williams came forward and said at the last meeting, they were planning on preserving the trees behind her house and they are now being taken out. She said the area is very flat and does not know if grading is needed in the area. She would like 20 feet of existing trees to stay. Chairperson Koehler stated he has learned you can do what you want to do on your own property as long as it isn't illegal. He could cut down everything if he wanted to. Chairperson Koehler asked staff if City Code dictates a 20 -foot buffer. Mr. Griffiths stated the 20 -foot buffer is what is proposed on the south end of the development and City Code does not have standards for buffers. Mr. Griffiths stated the natural buffers are around 20 feet wide throughout the development. Chairperson Koehler asked if there is nothing in City Code, how do they know if a 20 -foot buffer is appropriate. Mr. Griffiths stated it is a decision for the Commission. Barbara Bailey, 15380 Prairie Road NW, came forward and asked about the process for building homes. Mr. Metzer, Lennar Homes, came forward and stated grading balances the site and allows for the installation of utilities, streets, and stormwater control. He said they can look at preserving existing trees along Ms. Williams property if they can pull the grades from the property line. Mr. Metzer explained the process is to grade, install sewer and water, construct roads, then build homes. Commissioner Volkenant asked for clarification on Phase 1 and if it includes road construction on the west side of Prairie Road. Mr. Metzer stated they will grade and then come in as soon as possible for utilities, streets, and homes. He explained grading could happen quickly, but it is hard to say when the site will be fully graded. Commissioner Volkenant has seen pictures where roads have been put in and the development stalled. He asked what people should do if this happens. Mr. Janish stated Andover has a process once preliminary plat is stamped, the developer can begin grading. Regular Andover Planning and Zoning Commission Meeting Minutes —August 24, 2021 Page 10 1 He said there is a possibility that lots will sit empty. He explained that the scenario 2 Commissioner Volkenant proposed could happen with any development. Chairperson 3 Koehler stated it can happen anywhere with any development and is not a City of Andover 4 issue. 6 Commissioner Volkenant asked why homes near Outlot C were removed. Mr. Metzer said 7 there were wetland impacts with little return and removing the homes were the best option. 9 Motion: Chairperson Koehler assumed a motion to close the Public Hearing at 8:56 p.m. 10 Motion carries by unanimous consent. 11 12 Commissioner Volkenant commented he is excited there are two parks going in and hopes 13 the Park and Rec Commission will talk about parking and explore park questions. 14 15 Commissioner VanderLaan stated she served on the Commission with the owner of the 16 Holasek property. She said Mr. Holasek would be pleased with the development. She 17 explained Mr. Holasek served the City, protected his land, and attended many City 18 meetings. Commissioner VanderLaan believes Mr. Holasek would be pleased that 48% of 19 his land is open space, parks, and wetland. 20 21 Motion: Motion by Godfrey, second by Loehlein, to recommend approval of the 22 preliminary plat for the Fields of Winslow Cove. 23 24 Commissioner Loehlein stated his appreciation for the developer's willingness to look at 25 adjusting the grading plan adjacent to Ms. Williams' property. 26 27 Commissioner Hudson commended Mr. Metzer on taking feedback, implementing it, and 28 adjusting the preliminary plat. He said it is a job well done. 29 30 Chairperson Koehler thanked Mr. Metzer for listening to the residents of Andover. 31 32 Motion carries unanimously. 33 34 Chairperson Koehler stated the item will go to City Council on September 7, 2021. 35 36 OTHER BUSINESS 37 38 Mr. Griffiths updated the Commission on projects they have reviewed. He said the 39 Commission will meet on September 14, 2021. Mr. Griffiths announced the resignation of 40 Commissioner Elias and stated the City is accepting applications for a new Commission 41 member. 42 43 Chairperson Koehler said there is a desire by the Commission to review PUD process at a 44 future workshop. 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Regular Andover Planning and Zoning Commission Meeting Minutes —August 24, 2021 Page 11 Motion by Volkenant, seconded by Koehler, to thank Commissioner Elias for her service. Motion passes by unanimous consent. Chairperson Koehler thanked staff for a great presentation and thorough work on the Fields of Winslow Cove. ADJOURNMENT Motion: Chairperson Koehler assumed a motion to adjourn the meeting at 9:05 p.m. Motion carries by unanimous consent. Respectfully Submitted, Shari Kunza, Recording Secretary 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/0-<2 FROM: Jake Griffiths, Associate Planner SUBJECT: Public Hearing: City Code Amendment — Title 12: Zoning Regulations, Chapter 2: Rules and Definitions and Chapter 12: Residential Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses — Adopt City Code Requirements for Keeping of Roosters on Residential Properties — City of Andover (Applicant) DATE: September 14, 2021 BACKGROUND In recent months the City has received a number of complaints related to the keeping of roosters on residential properties. Generally speaking, these complaints have stemmed from the noise associated with roosters crowing in the early morning. City Code currently has no specific standards for roosters but does have requirements for "poultry" which includes animals like chickens, ducks, geese, etc. that are raised for meat or eggs. Staff has historically operated under the interpretation that roosters are defined as a type of poultry for the purposes of the City Code. The keeping of poultry is permitted on properties located within an R-1, R-2 or R-3 zoning district that do not have access to municipal water or sewer services. The lack of separate criteria for roosters has created a challenge from an enforcement perspective as there are a number of small properties that qualify for the keeping of poultry but may not be appropriate for the noise associated with the keeping of roosters due to their small size and close proximity to other residential properties. City Code does have other noise ordinance standards that apply to animals, such as for barking dogs, however rooster crowing often does not occur for a long enough duration to constitute a violation. DISCUSSION The proposed City Code amendment would define roosters as "a male chicken" and allow them to be kept on residential properties located in an R-1, R-2 or R-3 zoning district that are greater than three (3) acres in size and that also do not have access to municipal water or sewer. The proposed amendment closely resembles the requirements for the keeping of roosters within the nearby City of Ramsey and also continues to allow for roosters on larger properties within the City. The proposed amendment does not change any other requirements for the keeping of poultry, such as chickens, on residential properties. Staff conducted a survey of the requirements of adjacent communities related to roosters and found the following: city City Code Requirements Reference Anoka Roosters are prohibited. 14-146 Blaine Roosters are prohibited. 33.22 Champlin Roosters are prohibited. 10-12 Coon Rapids Roosters are prohibited. 6-702 Elk River Roosters are prohibited on properties less than 2.5 acres in size unless a CUP is approved. 30-803 Fridley Roosters are prohibited. 101.04 Ham Lake Roosters are prohibited. 5-330 Ramse Roosters are prohibited on properties less than 3 acres in size. 10-1 St. Francis Roosters are prohibited. 8-3-2-D Most adjacent communities prohibit the keeping of roosters across the entire City with only Elk River and Ramsey having differing requirements. Elk River and Ramsey both prohibit the keeping of roosters on all properties under a certain acreage in size. ACTION REQUESTED The Planning & Zoning Commission is requested to hold a public hearing on the proposed City Code amendment and make a recommendation to the City Council. Re tfully submitted, Jake Griffiths Associate Planner Attachments Draft Resolution of Approval Draft Resolution of Denial Draft Summary Ordinance for Publication Applicable Existing City Code Requirements Draft Amendment Language with Redlined Changes CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAIN AS FOLLOWS: AN AMENDMENT TO CITY CODE TITLE 12: ZONING REGULATIONS, CHAPTER 2: RULES AND DEFINITIONS, AND CHAPTER 12: RESIDENTIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES. Amendment 1 — City Code 12-2-2: Definitions RIGHT-OF-WAY: A strip of land acquired by dedication, reservation, prescription or condemnation occupied or intended to be occupied by a street, sidewalk, trail, snow storage, traffic control signs and devices, utilities and utility structures and drainage. (Amended Ord. 314,10-4-2005) ROOSTER: Rooster shall be defined as a male chicken. SEMI -TRAILER: Any vehicle of the trailer type so designed and used in conjunction with a truck tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck tractor and shall include a trailer drawn by a truck tractor semi -trailer combination. Amendment 2 — City Code 12-12: Residential Permitted, Permitted Accessory, Conditional, Interim, and Prohibited Uses: Chapter 12 RESIDENTIAL PERMITTED, PERMLI-CED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES? P -Permitted Use R -I Single Family -Rural M-2 Multiple Dwelling PA- Permitted Accessory Use R-2 Single Family- Estate RR Single Family Rural Reserve C- Conditional Use saaeoo>r OM R-3 Single Family- Suburban X-ProhibitedUse R-4 Sinde Family- Urban _ PUD- Planned Unit Development R-5 Manufactured Housing I- Interim Use M-1 Multiple Dwelling- Low Density If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited Permitted. Permitted Accessorv. Comfitional. Interim and Prolimhited Us�� I RR I Zoning Districts R-1 I R-2 R-3 R-0 R-5 M-1 M-2 Animal Therapy Facility -on properties larger than five acres in size C C C C X X X X Commercial animal training 2.5 acre minimum residential lot size C C C C X X X X Commercial riding stables C C X X X X X X Dog kennel license - Private (2.5 acre minimum lot size required) in C C C C C C C C compliance with City Code 5-1A Dog kennel license - Commercial (minimum 2.5 acre lot size) in compliance C C C C C C X X with City Code 54A Domestic animals in compliance with City Code Title 5 PA PA PA PA PA PA PA PA Farm animals up to 5 per acre, plus one additional farm animal per acre above 5 acres on residential properties 5 acres or greater up to a maximum of P P P P X X X X 20 animals and definition under City Code 12-2 Farm animals greater than allowed as a permitted use on residential properties 5 acres or greater in compliance with City Code Title 5s and definition under C C C C X X X X City Code 12-2 Feedlots, except Anoka Independent Grain and Feed Inc. which is a permitted X X X X X X X X use that predates the adoption of this ordinance. Pleasure/recreation animals on residential properties at least 2.5 acres in size PA PA PA PA PA X X X in compliance with City Code Title 5 and definition under City Code 12-2 Poultry on residential properties with neither municipal sewer or water in P P P X X X X compliance with Ci Code Title 5 and def -coition under Ci Code 12-2 P Roosters on residential properties greater than 3 acres in size with neither municipal sewer or water in compliance with City Code Title 5 and P P P P X X X X definition under City Code 12-12 MUM= Accessory Dwelling Unit (ADU) C C X X X X X X Manufactured homes and modular homes, provided they are developed under a planned unit development and the complex is a minimum of twenty (20) X X X X X PUD X X acres in size Multiple dwellings X X X X X X PUD PUD Relocated dwelling units in compliance with City Code 9-11 C C C C C C C C Single-family residential buildings (detached) P p p P P PUD PUD PUD Single-family residential buildings (attached) and townhouses X X X X X X PUD PUD Temporary Family Health Care Facility X X X X X X X X Two-family home conversions (splits) in compliance with City Code 12-8-1 X X X X X X C C Hame Occµ�ations Home occupations within principal structure in compliance with City Code PA PA PA PA PA PA PA PA 12-9 Home occupations in accessory structure on a parcel of land three (3) acres or larger utilizing an accessory structure and/or exterior storage in compliance C C C C C C C C with City Code 12-9 Barbershops and beauty salons C C C C C C C C Bed and breakfast C C C C C C X X Boarders or roomers, up to two persons, by a resident family, with no private cooking facilities PA P PA PA PA PA PA PA Cabinet making/wood working (home occupation) in compliance with City C C X X X X XX Code 12-9 Commercial greenhouse C C C C X X X X Daycare Centers- Home Occupation 12 or fewer children C P P P P P P P Da care Centers -Home Occupation 13 or more children P I C I C I C I C I C IC C P -Permitted Cse R-1- Single Family -Rural M-2- Multiple Dwelling _ PA- Permitted Accessory Use R-2- Single Farm - Estate R Single Family Rural Reserve C -Conditional Use' SEF FOOL OM R-3- Single Family- Suburban X -Prohibited Use R-4- Single Family- Urban PIJD- Planned Unit Development R-5- Manufactured Housing I- Interim Use M-1- Multiple Dwelling- Low Density If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited Permitted. Permitted Accesso". Conditional, Interim and Proliffifted Uses RR R-1 Zoning R-2 R-3' Di.tri,t. R4 a R-5 M-1 M-2 Daycare Facility -Group Family P P P P P P P P Farm Wineries subject to City Code 12-9-12 PA PA C C X X X X Group Homes as regulated by State Statute C P P P P P P P Office in compliance with City Code 12-9 C PA PA PA PA PA PA PA Therapeutic massage establishment (as a home occupation offering on site massae services) as regulated by chapter 9 of this title and title 3, chapter 6 p C C C C C C C &sheets K-12 Schools P P P P P P X X Post -secondary Schools PA C C C C C X X Schools exceeding height maximum up to 45 feet in height C C C C C C C C Subordinate Classroom Structures (when located on a licensed Primary and/or Secondary school property) C I I I I I I I Subordinate Classroom Structures (when located on a property where there is a religious institution as the principal use P I I I I I I I Iltilitiec Private utilities (gas, electric, phone, cable, etc) in Complaince with City Code 8-2 P P P P P P P P Private utility structures and/or uses (electrical transmission lines, gas pipelines, etc. C C C C C C C C Public utility uses for local services P P P P P P P P Other Agricultural uses- rural outside MUSA bound only) P P P P X X X X Agricultural uses- urban P P P P P P P P Antennas in excess of thirty-five feet (35') in height in compliance with City Code 9-12 C C C C C C C C Buildings (Principal) exceeding height maximum subject to City Code 12-3-5 C C C C C C C C Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in compliance with City Code 12-8-5 C C X X X X X X Campgrounds, clubs and ranges, archery ranges, racetracks C C X X X X X X Cemeteries P C C C C C C C Religious Institution C C C C C C X X Clubs and lodges C C C C C C C C Crafts and antique businesses in buildings designated as historical sites by a county, state or natimally recognized historical organization X X X X X X X C Garages and Accessory Structures in compliance with City Code 12-6 PA PA PA PA PA PA PA PA Golf courses and driving ranges C C C C C C C C Highway construction materials (temporary roeessin and storage) I I I I I I I I MarinasC C C C C C C C ublicl owned and operated property except as herein amended Publicly P P P P P P P P Resorts C C C C X I X X X Solar Energy Systems(ground mounted subject to City Code 9-15 PA PA X X X I X X X (Amended Ord. 8, 10-21-1970; amd. Ord. 8JJJJJJ, 7-18-2002; Ord. 8000000, 8-5-2002; Ord.8000QQQ, 10-1- 2002; Ord. 8RRRRRR, 10-1- 2002; amd. Ord. 8AAAAAAA, 4-15-2003; amd. 2003 Code; and. Ord. 314 10-4-2005; amd. Ord. 385 7-21-09; amd. Ord. 388 10-20-09; amd. Ord. 390 3-16-10; and. Ord. 397 8-17-10; And. Ord. 404, 1-18-11; Amd. Ord. 436, 4-15-14; Amd. Ord. 463, 6-21-16; Amd. Ord. 468, 6-6-17; 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. 8 Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 124-4. 9 Sec 12-2-2 for definitions of "Continuous Operation and Non -continuous Operation'. (Amended Ord. 421, 10-2-12) 10 From November 15th to January 1st continuous operation will be allowed in the General Business and Industrial Zoning District. (Amended Ord. 424, 11-7-12) 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 XX day of September 2021. ATTEST: CITY OF ANDOVER: Michelle Hartner, City Clerk Sheri Bukkila, Mayor Solar Energy Systems roof mounted subject to City Code 9-15 PA PA PA PA PA PA PA PA Swimming pools and recreation areas or structures PA PA PA PA PA PA PA PA Uses which may be detrimental to the health, safety, and welfare of persons X X X X X X X X residing or working in the vicinity Wind Energy Conversion Systems (WECS)-as defined in and in compliance C with Title 9, Chapter 13 of this code. WECS are prohibited on WDE site. C 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; and. Ord. 314 10-4-2005; amd. Ord. 385 7-21-09; amd. Ord. 388 10-20-09; amd. Ord. 390 3-16-10; and. Ord. 397 8-17-10; And. Ord. 404, 1-18-11; Amd. Ord. 436, 4-15-14; Amd. Ord. 463, 6-21-16; Amd. Ord. 468, 6-6-17; 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. 8 Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 124-4. 9 Sec 12-2-2 for definitions of "Continuous Operation and Non -continuous Operation'. (Amended Ord. 421, 10-2-12) 10 From November 15th to January 1st continuous operation will be allowed in the General Business and Industrial Zoning District. (Amended Ord. 424, 11-7-12) 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 XX day of September 2021. ATTEST: CITY OF ANDOVER: Michelle Hartner, City Clerk Sheri Bukkila, 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 AND CHAPTER 12: RESIDENTIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES RELATED TO THE ADOPTION OF CITY CODE REQUIREMENTS FOR THE KEEPING OF ROOSTERS 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 September 2021. ATTEST: Michelle Harmer, City Clerk CITY OF ANDOVER: Sheri Bukkila, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX SUMMARY AN AMENDMENT TO CITY CODE TITLE 12: ZONING REGULATIONS, CHAPTER 2: RULES AND DEFINITIONS, AND CHAPTER 12: RESIDENTIAL 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 the Ordinance is to protect the public health, safety, morals and welfare of residents of the City of Andover. The Ordinance amends City Code 12-2-2 to add a definition of a rooster and amends City Code 12-12 in order to clarify requirements for the keeping of roosters on residential properties. 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 XXth day of September 2021. ATTEST: Michelle Hartner, City Clerk CITY OF ANDOVER Sheri Bukkila, Mayor Existing City Code Requirements City Code 12-2-2: Definitions: Poultry: Domestic fowls, such as chickens, turkeys, ducks or geese, raised for meat or eggs. City Code 12-12: Residential Use Table: RR R-1 R-2 R-3 R-4 R-5 M-1 M-2 Poultry on residential properties with neither municipal sewer or water in - .. _ _ . _.. - .. - .. I P I P I P I P I X I X I X I X City Code 5-1E-3: Nuisances: B. No person shall own, keep or harbor an animal which unreasonably causes annoyance or disturbance to another person by frequent barking, crying, crowing, howling, fighting or other similar noises. The phrase "unreasonably causes annoyance or disturbance" includes the creation of noise by an animal which can be heard by any person, including a law enforcement officer, from a location outside of the unit, building or premises where the animal is being kept and which the animal noise occurs repeatedly over at least a five-minute period of time with one minute or less lapse of time between each animal noise during the five- minute period. Draft Amendment Language with Redlined Changes Amendment 1 — City Code 12-2-2: Definitions RIGHT-OF-WAY: A strip of land acquired by dedication, reservation, prescription or condemnation occupied or intended to be occupied by a street, sidewalk, trail, snow storage, traffic control signs and devices, utilities and utility structures and drainage. (Amended Ord. 314, 10-4-2005) ROOSTER: Rooster shall be defined as a male chicken. SEMI -TRAILER: Any vehicle of the trailer type so designed and used in conjunction with a truck tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck tractor and shall include a trailer drawn by a truck tractor semi -trailer combination. Amendment 2 — City Code 12-12: Residential Use Table Chapter 12 RESIDENTIAL PERMFI" 1'ED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND P- Permitted Use R-1 Single Family -Rural M-2 Maki le Dwellin PA- Permitted Accessory Use R-2 Single Family- Estate R Single Family Rural Reserve C -Conditional Use SU F001140tss R-3 Single Family- Suburban X-prohibitedUse R-4 Single Family- Urban PULL Planned Unit Development R-5 Manufactured Housing I- Interim Use M-1 Multiple Dwelling- Low Density If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited RR R-1 R-2 R-3 I R-4 R-5 M-1 M-2 Animal Therapy Facility -cm praperties larger than five acres in size C C C C X X X X Commercial animal training 2.5 acre minimum residential lot size C C C C X X X X Commercial riding stables C C X X X X X X Dog kennel license - Private (2.5 acre minimum lot size required) in compliance with City Code 5-1A C C C C C C C C Dog kennel license - Commercial (minimum 2.5 acre lot size) in compliance with City Code 5-1A C C C C C C X X Domestic animals in compliance with City Code Title 5 PA PA PA PA PA PA PA PA Farm animals up to 5 per acre, plus one additional farm animal per acre above 5 acres on residential properties 5 acres or greater up to a maximum of 20 animals and definition under City Code 12-2 p P P P X X X X Farm animals greater than allowed as a permitted use on residential properties 5 acres or greater in compliance with City Code Title 55 and definition under City Code 12-2 C C C C X X X X P- Permitted Use R-1- Single Family -Rural Feedlots, except Anoka Independent Grain and Feed Inc. which is a permitted X X X use that predates the adoption of this ordinance. X X X X X Pleasure/recreation animals on residential properties at least 2.5 acres in size PA PA PA PA PA X X X in compliance with City Code Title 5 and definition under City Code 12-2 I- Interim Use M-1- Multiple Dwelling Low Density Poultry on residential properties with neither municipal sewer or water in P P P P X X X X compliance with City Code Title 5 and definition under City Code 12-2 Permitted. Permitted Accessory, Conditional, Interim and Probilifted Uses RR R-1 7Aninp R-2 R-3' nkfti,,U R-4 3 R-5 M-1 Roosters on residential properties greater than 3 acres in size with neither Daycare Facility -Group Family P P P P P P P P Farm Wineries subject to City Code 12-9-12 municipal sewer or water in compliance with City Code Title 5 and P P P p X X X X P definition under City Code 12-12 P P P P Office in compliance with City Code 12-9 C PA I PAI PA I PA Jjwelltn¢s PA PA Accessory Dwelling Unit (ADU) C C X X X X X X Manufactured homes and modular homes, provided they are developed under a planned unit development and the complex is a minimum of twenty (20) X X X X X PUD X X acres in size Multiple dwellings X X X X X X PUD PUD Relocated dwelling units in compliance with City Code 9-I1 C C C C C C C C Single-family residential buildings (detached) P p P p P PUD PUD PUD Single-family residential buildings (attached) and townhouses X X X X X X PUD PUD Temporary Family Health Care Facility X X X X X X X X Two-firraily home conversions (splits) in compliance with City Code 12-8-1 X X X X X X C C Home Occupations Home occupations within principal structure in compliance with City Code PA ?A PA PA PA PA PA PA 12-9 Home occupations in accessory structure on a parcel of land three (3) acres or larger utilizing an accessory structure and/or exterior storage in compliance C C C C C C C C with City Code 12-9 Barbershops and beauty salons C C C C C C C C Bed and breakfast C C C C C C X X Boarders or roomers, up to two persons, by a resident family, with no private cooking facilities PA PAJ PA PA PA PA PA PA Cabinet making/wood working (home occupation) in compliance with City C C1CC X X X X Code 12-9 Commercial greenhouse C C X X X X Daycare Centers- Home Occupation 12 or fewer children C P P P I P P Da care Centers -Home Occupation 13 or more children P C C C C I C P- Permitted Use R-1- Single Family -Rural M-2- Multiple Dwelling PA- Permitted Accessory Use R-2- Single Family- Estate RR Single Family Rural Reserve C -Conditional User see eoonvorrs R-3- Single Family- Suburban X- Prohibited Use RA- Single Family- Urban PUD- Planned Unit Development R-5- Manufactured Housing I- Interim Use M-1- Multiple Dwelling Low Density If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited Permitted. Permitted Accessory, Conditional, Interim and Probilifted Uses RR R-1 7Aninp R-2 R-3' nkfti,,U R-4 3 R-5 M-1 M-2 Daycare Facility -Group Family P P P P P P P P Farm Wineries subject to City Code 12-9-12 PA PA C C X X X X Group Homes as regulated by State Statute C P P P P P P P Office in compliance with City Code 12-9 C PA I PAI PA I PA PA PA PA Therapeutic massage establishment (as a home occupation offering on site massae services) as regulated by chapter 9 of this title and title 3, chapter 6 P C C C C C C C Schools K-12 Schools P P P P P P X X Post -secondary Schools PA C C C C C X X Schools exceeding height maximum up to 45 feet in height C C C C C C C C Subordinate Classroom Structures (when located on a licensed Primary and/or Secondary school property) C I I 1 I I I I Subordinate Classroom Structures (when located on a property where there is a religious institution as the principal use P I I I I I I 1 Utilities Private utilities (gas, electric, phone, cable, etc) in Complaince with City Code 8-2 P P P P P P P P Private utility structures and/or uses (electrical transmission lines, gas pipelines, etc. C C C C C C C C Public utility uses for local services P P P P P P P P Other Agricultural uses- rural outside MUSA bound only) P P P P X X X X Agricultural uses- urban P P P P P P P P Antennas in excess of thirty-five feet (35') in height in compliance with City Code 9-12 C C C C C C C C Buildings (Principal) exceeding height maximum subject to City Code 12-3-5 C C C C C C C C Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in compliance with City Code 12-8-5 C C X X X X X X Campgrounds, gun clubs and ranges, archery ranges, racetracks C C X X X X X X Cemeteries P C C C C C C C Religious Institution C C C C C C X X Clubs and lodges C C C C C C C C Crafts and antique businesses in buildings designated as historical sites by a county, state or nationally recognized historical organization X X X X X X X C Garages and Accessory Structures in compliance with City Code 12-6 PA PA PA PA PA PA PA PA Golf courses and driving ranges C C C C C C C C Highway construction materials (temporary rocessin and storage) I I I f I I I I Marinas C C C C C C C C Publicly owned and operated property except as herein amended P I P P I P P I P P P Resorts C C C C X X X X Solar Energy Systems(ground mounted subject to City Code 9-15 PA PA X X X X X X Solar Energy Systems roof mounted subject to City Code 9-15 PA PA PA PA PA PA PA PA Swimming pools and recreation areas or structures PA PA PA PA PA PA PA PA Uses which may be detrimental to the health, safety, and welfare of persons residing or working in the vicinity X X X X X X X X Wind Energy Conversion Systems (WECS)-as defined in and in compliance with Title 9, Chapter 13 of this code. WECS are prohibited on WDE site. C C C C C C C C (Amended Ord. 8,10-21-1970; amd. Ord. 81JJJJ1, 7-18-2002; Ord. 8000000, 8-5-2002; Ord.8000QQQ, 10-1-2002; Ord. 8RRRRRR, 10-1- 2002; amd. Ord. 8AAAAAAA, 4-15-2003; amd. 2003 Code; amd. Ord. 314 10-4-2005; amd. Ord. 385 7-21-09; amd. Ord. 388 10-20-09; amd. Ord. 390 3-16-10; amd. Ord. 397 8-17-10; Amd. Ord. 404,1-18-11; Arad. Ord. 436,4-15-14; Amd. Ord. 463, 6-21-16; Amd. Ord. 468, 6-6-17; 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. 8 Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12-4-4. 9 Sec 12-2-2 for definitions of "Continuous Operation and Non -continuous Operation'. (Amended Ord. 421, 10-2-12) 10 From November 15th to January 1st continuous operation will be allowed in the General Business and Industrial Zoning District. (Amended Ord. 424, 11-7-12)