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HomeMy WebLinkAbout02-28-231685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda February 28, 2023 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Pledge of Allegiance 3. Oath of Office — Patrick Shuman Jr 4. Approval of Minutes — February 14, 2023 Regular Meeting 5. Public Hearing: Consider a Conditional Use Permit Amendment (CUP) for an addition to a religious institution in the R-4: Single Family Urban Residential zoning district - PIDs 34-32- 24-42-0009 and 33-32-24-42-0007; 13655 Round Lake Boulevard — (Applicant: Kevin Busch, Busch Architects, Inc., 310 41h Avenue South, Minneapolis, MN 55414) 6. Other Business 7. Adjournment Workshop Session 7:30 p.m. or Following Regular Meeting 1. Call to Order 2. Discussion — Planning & Zoning Commission Training 3. Adjournment Y 0 F O ` r L . 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Jake Griffiths, Associate Planner SUBJECT: Approval of Minutes DATE: February 28, 2023 ACTION REQUESTED The Planning and Zoning Commission is requested to approve the February 14, 2023 Planning & Zoning Commission 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 PLANNING AND ZONING COMMISSION REGULAR MEETING FEBRUARY14, 2023 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Karen Godfrey on February 14, 2023, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Bert Koehler IV, Nick Loehlein, Scott Hudson, Jonathan Shafto, and Ryan Winge Commissioners absent: Patrick Shuman Jr. Also present: City Planner Peter Hellegers Associate Planner Jake Griffiths Others PLEDGE OFALLEGIANCE OATH OF OFFICE — COMMISSIONERS JONA THAN SHAFTO & RYAN WINGE Chairperson Godfrey administered the Oath of Office to Jonathon Shafto and Ryan Winge. APPOINTMENT OF CHAIRPERSONAND VICE CHAIRPERSON The Commission is requested to select a Chairperson and Vice Chairperson to take effect at the next meeting. Commissioner Koehler stated there are several Commissioners capable of being Chairperson. He stated it takes a while for a new Chairperson to become familiar with the position and he recommended whoever is elected to consider seeking a nomination for an additional term as Chairperson in the future. 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 — February 14, 2023 Page 2 Commissioner Hudson nominated Commissioner Loehlein. Commissioner Koehler nominated Chairperson Godfrey. Motion: by Koehler, seconded by Shafto, to close nominations. Motion carries unanimously. Staff called the vote for electing a Chairperson. Loehlein: Loehlein Shafto: Godfrey Godfrey: Godfrey Koehler: Godfrey Winge: Godfrey Hudson: Godfrey Chairperson Godfrey was elected as Chairperson for the next year. Chairperson Godfrey nominated Commissioner Loehlein for Vice -Chairperson Motion: by Hudson, seconded by Shafto, to close nominations. Motion carries unanimously. Staff called the vote for electing a Vice -Chairperson. Loehlein: Loehlein Shafto: Loehlein Godfrey: Loehlein Koehler: Loehlein Winge: Loehlein Hudson: Loehlein Commissioner Loehlein was elected as Vice -Chairperson for the next year. APPROVAL OF MINUTES January 10, 2023 Regular Meeting Motion: by Loehlein, seconded by Shafto, to approve the January 10, 2023 Regular Meeting minutes as amended. Motion carries 5 ayes and 1 present (Winge). Regular Andover Planning and Zoning Commission Meeting Minutes — February 14, 2023 Page 3 1 PUBLIC HEARING: CONSIDER LOT SPLIT — 14034 CROSSTOWN BLVD NW — 2 THOMAS MAY (APPLICANT) 3 4 The Planning & Zoning Commission is requested to hold a public hearing and make a 5 recommendation to the City Council on a lot split at 14034 Crosstown Blvd NW. Associate 6 Planner Griffiths displayed a map of the proposed lot split. He stated the split meets City 7 Code. Mr. Griffiths stated the City is requesting a trail easement for the new lot. He noted 8 the City did not receive any public comments regarding the lot split. 9 10 Commissioner Koehler asked if the City looked at implications on traffic on Crosstown 11 Boulevard. Mr. Griffiths stated the applicant reached out to the Anoka County Highway 12 Department and the County did not have concerns. 13 14 Commissioner Winge asked if there were any concerns with hookup to City utilities. Mr. 15 Griffiths stated there is a condition in the Resolution requiring connection to City water 16 and sewer. 17 18 Motion: Chairperson Godfrey assumed a motion to open the public hearing at 7:15 p.m. 19 Motion carried by unanimous consent. 20 21 Thomas May, 14034 Crosstown Boulevard, came forward and stated water and sewer 22 connections already exist. 23 24 Daniel Esselman, 14052 Crosstown Boulevard, came forward and asked how close 25 structures can be built to the easement. Mr. Esselman asked if there was a time limit on 26 when a house needs to be built once the property is sold. He stated spring snowmelt runs 27 along the property line and he would like the grade to continue to allow the runoff. 28 29 Mr. Griffiths stated there is no setback from the easement and structures can be built up to 30 the easement, so long as they also meet building setbacks as required by the City Code. He 31 stated there is no time limit to build a house once the parcel is sold. He explained they look 32 at progress which would include meeting the conditions of approval and market conditions 33 are not regulated by the City. Mr. Griffiths noted the applicant would have to contact the 34 City if they wanted to disturb the easement area. 35 36 Motion: by Loehlein, seconded by Koehler, to close the public hearing at 7:22 p.m. Motion 37 carries unanimously. 38 Regular Andover Planning and Zoning Commission Meeting Minutes —February 14, 2023 Page 4 I Commissioner Koehler thanked staff for explaining the easement. He asked the maximum 2 width of the easement. Mr. Griffiths stated in one location the easement is 40 -feet in width, 3 but that is not necessarily the maximum width. 4 5 Motion: by Loehlein, second by Koehler, to recommend approval of a lot split request to 6 subdivide into two parcels in the R-4 single-family urban zoning district for the property 7 located at 14034 Crosstown Blvd NW, PID# 33-32-24-11-0006. Motion carries 8 unanimously. 9 10 Mr. Griffiths stated the item will go to City Council at the first meeting in March. 11 12 OTHER BUSINESS 13 14 Mr. Griffiths provided updates to the Commission on planning items. He stated the 15 Commission will meet on February 28, 2023. Mr. Griffiths announced the Home Show on 16 March 11, 2023 at the Andover Community Center from 8:00 a.m. to 2:00 p.m. 17 18 Commissioner Koehler congratulated the newly appointed Commissioners. 19 20 ADJOURNMENT 21 22 Motion: Chairperson Godfrey assumed a motion to adjourn the meeting at 7:26 p.m. 23 Motion carried by unanimous consent. 24 25 Respectfully Submitted, 26 27 Shari Kunza, Recording Secretary 28 TimeSaver Off Site Secretarial, Inc. 9 C I T Y 0 F LWOW^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners COPY: Joe Janish, Community Development Director FROM: Peter Hellegers, City Planner SUBJECT: PUBLIC HEARING: Conditional Use Permit Amendment to consider an expansion of a religious institution use at 13655 Round Lake Boulevard NW as requested by Busch Architects for Grace Lutheran Church. DATE: February 28, 2023 Busch Architects has applied for a conditional use permit (CUP) amendment, on behalf of Grace Lutheran Church, for three small expansions to the existing church building on the property located at 13655 Round Lake Boulevard. The property is generally located south of Bunker Lake Boulevard NW, west of Rose Street NW, north of 136`b Lane NW, and east of Round Lake Boulevard NW. DISCUSSION Busch Architects has submitted the application on behalf of Grace Lutheran Church, for three (3) additions to the building which would result in a net addition of 2,748 s.f.. The proposed additions include a 713 s.f. addition for the entry/bathrooms (Addition B), a 1,403 s.f. addition to childcare area (Addition A) and filling in a 632 s.f. courtyard at the middle of the building (Addition Q. A new drop-off/pick-up zone for the childcare area would include a small parking lot with 7 spaces and a traffic circle which should minimize backing onto the adjacent street. The proposed additions do not introduce new uses to the site but provide some additional capacity for those uses. The project would also include removal of the temporary classroom structures that are located to the southeast of the building. 9UNtELt � 60ULEYNANW CCC CfCCCI r q-. L I F � _ ✓ a Tem a classrooms p i ti O 136TX IAIIE HLV _~ Figure I- Mock-up of Site Plan dated 1/31123 (Busch Architects) Setbacks The proposed additions are all located toward the middle section of the building and no addition will get closer to any property line than the existing building. The existing building is 43 feet from the property line to the north, approximately 338 feet from the property line to the east, 39 feet from the property line to the south, and 125 feet from the property line to the west. The closest portions of the building additions would be 98 feet from the north property line, 122 feet from the south property line, and 125 feet from the west property line. Screening The site abuts two major roadways and a residential neighborhood which is situated to the south. The subject property and the properties to the south are zoned R-4: Single Family Urban Residential while the properties to the north and east are zoned commercial (SC: Shopping Center and NB: Neighborhood Business, respectively). The properties to the west across Round Lake Boulevard in the city of Anoka are also zoned commercial (B-2: Shopping Center Business). Given the location along the roadways and the residential properties to the south, the City Code states that the mechanical units will need to be screened from view from those public streets and residential properties. Screening of mechanical equipment to comply with City Code will be required through the Commercial Site Plan. 12-14-5-C-1: Screening (Mechanical Equipment): Rooftop mechanical equipment shall be screened from public streets and residential properties with a cornice, parapet, or other architectural feature to the fullest extent possible. Any remaining protrusions of rooftop equipment above these features shall be painted to match the principal structure. Parking The proposed additions do not increase the size of the main assembly hall so they would not increase the parking requirements. The existing parking lot would be resurfaced and striped to meet City Code standards; which provides 156 parking spaces including 6 ADA parking spaces. The parking capacity on the site would increase with the addition of the 7 -space lot to the west of the building, bringing the total parking for the site to 163 parking spaces which includes 7 ADA parking spaces Childcare previously utilized either on -street parking on 1361h Lane for drop-off pickups primarily for those children going to the south-west side of the building (preschool / infant), or through the main parking lot (i.e. those walking through the building/toddler area). The proposed building project would create a new drop-off/pick-up addition at the west side of the building along with a 7 -space parking lot and roundabout which would serve that use. This new parking lot should remove on -street drop-off/pick-up from the residential street. Review Criteria 12-14-6 B. provides the following criteria for granting conditional use permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals, and general welfare of occupants of surrounding lands. The existing use is a religious institution and the proposed expansion of the use is related to some additions to the building. The proposed additions do not introduce any new uses, they allow consolidating of uses within the building and better utilization of the existing building. The proposed additions to the building are located no closer to the property lines than the existing building. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. The proposed expansions of the building provide some additional capacity for the child care use within the building which might be utilized at some point in the future. The narrative indicates that the childcare addition allows for the consolidation of childcare within the one area of the building and improves security. The expansion project also includes a 7 -space parking lot and vehicle turnaround space which can only be accessed from 136h Lane. This small parking lot would provide a drop-off and pick-up zone for the childcare use on the west side of the building. The narrative indicates that this area would replace drop-off/pick-up of childcare that has occurred using on -street areas along the north side of 136`h Lane. Additional drop-off/pick-up traffic could be anticipated as some trips relocate from the main parking lot to this new zone. 136 h Lane does not have a full access at Round Lake Boulevard, but a full signalized access is one block to the south at 136`h Avenue which could be used to aid turning movements toward the access at 136h Lane. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. The uses are the same and the additions are relatively small. The proposed additions allow for some expanded space for childcare, an expanded entryway and bathroom area, and some additional classroom space within the building. The childcare addition could provide some additional capacity for childcare. The additional classroom space replaces the temporary classroom structures that will be removed as part of the building project. ACTION REQUESTED The Planning Commission is asked to hold a public hearing and make a recommendation to the City Council on the conditional use permit amendment request. Resp tfully submitted, Pt /1 ger Attachments Resolutions Location Map, Aerial Image Applicant's narrative Survey and plans (site plan, exterior elevations, landscape plan — Received by City 2/13/23) Copy: Kevin Busch, Busch Architects: 310 Fourth Avenue South, Suite 1000, Minneapolis, MN 55415 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT AMENDMENT REQUEST FOR EXPANSION OF A RELIGIOUS INSTITUTION ON THE PROPERTY AT 13655 ROUND LAKE BOULEVARD AND LEGALLY DESCRIBED AS: That part of the West 445.02 feet of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, in Anoka County, Minnesota, which lies North of the North line of 136th Lane Northwest as laid out and platted in the Plat of Chapman's Second Addition, excepting therefrom the West 60 feet. That part of the East 288 feet of the West 733.02 feet of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24 in Anoka County, Minnesota, which lies North of the North line of 136th Lane Northwest as laid out and platted in the Plats of Chapman's Second and Third Additions. Except the North 60 feet of the East 673.02 feet of the West 733.02 feet of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, Anoka County, Minnesota. And also except Parcels 22 and 23, Anoka County Highway Right—of—Way Plot No. 47 according to the map or plot thereof on file and of record in the office of the Anoka County Recorder. WHEREAS, Busch Architects, Inc. has requested a conditional use permit amendment on behalf of Grace Lutheran Church, for the expansion of a religious institution on the subject property, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing on February 28, 2023, pursuant to the requirements of City Code 12-14-8, pertaining to the public hearing process, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover and recommends to the City Council approval of the Conditional Use Permit Amendment request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit Amendment for expansion of, subject to the following conditions: 1) The project shall conform to the plan set stamped received by the City of Andover February 13, 2023. 2) The applicant shall complete a commercial site plan review process with the City in compliance with City Code 12-15-4. The proposed addition shall comply with the commercial site plan once approved. 3) Unless specifically identified here, all previous conditions shall still apply. 4) The applicant, or their successors or assigns, shall be responsible to obtain the required building and electrical permits from the City of Andover prior to construction of the facilities. 5) All other permits shall be obtained from any agency that may have an interest in the site including but not limited to Lower Rum River Watershed Management Organization, Building Department, Fire Department, Health Department, etc. 6) The Conditional Use Permit shall be subject to a time limit for implementation within twelve (12) months after approval, or the permit will be null and void, as per City Code 12-15-71). Adopted by the City Council of the City of Andover on this 7`h day of March 2023. CITY OF ANDOVER: Sheri Bukkila, Mayor ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES NO. A RESOLUTION DENYING THE CONDITIONAL USE PERMIT AMENDMENT REQUEST FOR EXPANSION OF A RELIGIOUS INSTITUTION ON THE PROPERTY AT 13655 ROUND LAKE BOULEVARD AND LEGALLY DESCRIBED AS:: That part of the West 445.02 feet of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, in Anoka County, Minnesota, which lies North of the North line of 136th Lane Northwest as laid out and platted in the Plat of Chapman's Second Addition, excepting therefrom the West 60 feet. That part of the East 288 feet of the West 733.02 feet of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24 in Anoka County, Minnesota, which lies North of the North line of 136th Lane Northwest as laid out and platted in the Plats of Chapman's Second and Third Additions. Except the North 60 feet of the East 673.02 feet of the West 733.02 feet of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, Anoka County, Minnesota. And also except Parcels 22 and 23, Anoka County Highway Right—of—Way Plat No. 47 according to the map or plot thereof on file and of record in the office of the Anoka County Recorder. WHEREAS, Busch Architects, Inc. has requested a conditional use permit amendment on behalf of Grace Lutheran Church, for the expansion of a religious institution on the subject property, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing on February 28, 2023, pursuant to the requirements of City Code 12-14-8, pertaining to the public hearing process, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request. WHEREAS, the City Council of the City of Andover disagrees with the Planning and Zoning Commission, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby denies the conditional use permit amendment request; for the following reasons: 1. 2. Adopted by the City Council of the City of Andover on this 7`h day of March 2023. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER: Sheri Bukkila, Mayor 1V66VERJ'15' Site Location - Grace Lutheran Church (13655 Round Lake Blvd) ,--;r ssM 'ar„f= 1l 7�= 7,7w..- Date 7w.. Date created Febmary 16, 2023 + Disclaimer. The provider makes no representation or warranties with respect to the reuse of this data. N Aerial Image of the Site (2022) —van d ^'._ It N BUSCH Amhaeame forpeopleW Grace Lutheran Church 13655 Round Lake Boulevard Andover, MN 55304 Narrative for Proposed Building Project (revised 021323) The parishioners at Grace Lutheran Church have a handful of goals in mind for the proposed project. They include removing the temporary classroom structures, adding a drop-off and pick-up zone for the Chill Care Program, improve the parking lot surface, adding space for church programs, and remodeling parts of the existing building so that the spaces better meet the needs of the parishioners, and improving circulation within the building. The plans show 3 separate additions to the existing facility. There is a Child Care expansion of 1,403 square feet on the west side of the building; a 713 square foot new entrance and restroom expansion on the east side; and a 632 square foot expansion in the middle of the existing structure which is currently a courtyard space; Total expansion is 2,748 net square feet which includes demolition of 392 square feet of the existing building. The two `temporary" classrooms strictures on the south side if the property are also being demolished. A Child Care drop-off lane is proposed on the west side of the building to provide parents with a safer drop-off zone near the building and at anew entrance for the Child Care Program. This eliminates the drop-offs that are occurring on 1368, Lane, on the south side of the property, and reduces drop offs in the main parking lot which will improve Child Care security. The drop-off area also includes 7 additional parking spaces entirely related to the Child Care Program. The Child Care expansion allows the program to be consolidated on the west side of the building by moving the infant and toddler spaces from the east side of the building to the west side of the building. The kitchen will be expanded by making use of existing space within the building. The kitchen is not a commercial food preparation operation but provides for warming and serving food that is catered into the building. With removal of the existing °temporary classrooms structures, the church needs to add classroom space to the building and that is accomplished by filling in the existing courtyard space. The new entrance provides for a more centralized and recognizable entrance for all people to enter through. It also provides for accessible restrooms which the church does not currently have. Grace Lutheran Church hopes to break ground in the Spring of 2023. 310 Fourth Avenue South, Suite 1000 • Minneapolis, Minnesota 55415 • Phone: 612.333.2279 • Fax: 612.339.2336 • w .busch-architects.com AS .w. Mss. Is ma/ LAFy,WM 2 w EANYPTIn BUNKER LAKE E X rE P )w"/ 2/V .•'< �II..,<. .m. �,_ -e i e u p s 9W < e$+§t_ /599-49'48"0`7 'N yy AIN SCIT e. it! 6 13 [CJS.A.H. NO. �/J 'i ret ;e �6P� m• ulxau- e�3aulx oYe / -� -Y I.AIf I ;I ea..6I ' AL .S No. 449. • Naate¢ 1111 pan mmamml MyiteTe M.M. 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Topteof NEW nut of N, n5tlrm0 fe t 10et noXhmst of al coma oh Y 3655 ON the eoutp side of Ron4w Lake Bw evord. Flewtm - 879.66 Leel 0) Top of top sat a1Bre nprant n me aMmm¢t seacoast flewm L 67993 f atus ..a Ism Lane. to r:Eu Den eumoas son n Won.an, amork.l rim AL .S No. 449. • Naate¢ 1111 pan mmamml AC M.M. AGP ooaones oe- 9r11a Pipe 6E Dm 0: eaaaln. mx n . OTC DO, w r..wo�--s An - w= aF„ os eas ex,_ I _.M_ _ -x_L- Dip R`nnaJ9. 93 t TO wP k - - 3.) O,Map ...tans we per LIC., Anoka Dennis file Diss Won pipe , YWas Ea EMH Denote. em. oWhN. ebdn. res -101.f0 PARKING oenotea rooms .flet i Omot<s flog bon Donets los. of .ax e / I i+r /n 4�A /nryn^ } vf7rlr ^r -i+/, A/I Ann/rI1A R 1111 [�A vf7�. ivy .7111,^ -uv rl 7l/_)n nen/r/­lnl dew op a Jar of be ones 9r1na uliiliea anarn sere xow<wr. eecawtian, me ea AREA �1 Mea = 18e,5w eswe Mel ce 6,230 ac. es PLAT RECORDING INFORMATION respmu, where mdil or mise demflm ..-also rac-ad. mcaw0an ana/w isms bill, orale rtyWest m., a. nm.... I, I��ZI 1 2,) Omer .seen-.. I.Pliea of nnicn v< are I-Nore may roar Islip, al slime critical to 2722]c. cmnneelkn w can, BUILDING ENTRANCE ELEVATIONS OP Denolee pmts., entrance Dow A - 06903 Iva: - Top al fila inside door Oew D _ seO01 lea - Tap of cmwxI We nl raw Door C - 68003 lea - hop or <mwae au 11: dys Door o - eeo 04 /e - r« aNi 1 Doo. E - all leen - rap ori Concrete o Door i - 66o.D4 rem - Top or corcrete a�i,ie. year Dow G - erz51 net - ren of rane,.fa llsia. row Door x - eas 01 M t - r« of epecrae aaleke paw Door, I- 660.04 met - rap of can ... m aalelae dao, Dona, J - 66901 has - rap of perk 1l.ia. row Doo. K -aeon 01 heel - rap a canwae lmme pa Dow L - 0004 feet - Tap of concrete 1 Dow 1 - 61.55 '.It - TV m Cash..'. ON.W. Ib Daw z - 66110 flat - rap al rmwet. oa¢ide pass SURVEY ONTRO STATION ITS NORTH ND EASTNC 1 E J000 6]122.286 4»Ifi8. 109 6]].53 I ]001 6loss 807 476 50.0&1 0]6.46 3005 Itc., ADS ]70]1.5]6 67964 3008 NNTPI 4]6]72.341 878.53 BENCHMARKS (SM) (NNOD 66) I.) Topteof NEW nut of N, n5tlrm0 fe t 10et noXhmst of al coma oh Y 3655 ON the eoutp side of Ron4w Lake Bw evord. Flewtm - 879.66 Leel 0) Top of top sat a1Bre nprant n me aMmm¢t seacoast flewm L 67993 f atus ..a Ism Lane. to r:Eu Den eumoas son n Won.an, amork.l rim AL .S No. 449. • Naate¢ 1111 pan mmamml AC Dennie¢ np conlitio- AGP ooaones oe- 9r11a Pipe 6E Dm 0: eaaaln. mx n . OTC DO, Den a pwm6 one curb oenmea abased. ed. Sere 6 CIA panel« curet S.A. Cart 0 hard cons."" ch ea. Ca De ooa on.., mole omol<: des 1 -eltiv TO wP oe aua`ie` - - 3.) O,Map ...tans we per LIC., Anoka Dennis file Diss Won pipe , YWas Ea EMH Denote. em. oWhN. ebdn. res -101.f0 PARKING oenotea rooms .flet FW Omot<s flog bon Donets los. of .ax m. Nor oat ng yon pmml Mem.rpie. I p,a a�nol. f 7 ' ` / h A w o<mnoi: MnaNw�lne read, me If _- I I I A Donate, .ri e< ) ens Denale. ew.r«e IN. DESCRIPTION OF PROPERTY SIIRVEYED (PM Files remarks, Tile Insuranw Cunpan,, baling Agent N,jt ea Apseaclna, Inc.. Cwnmiment oar may xeermce Pee No. T2z-07203. LammHmenl date July u. 2022) GENERAL NOTES FLOOD ZONE NOTE Thal part of Ise West 44502 feel of Ise Ndlhrest Warts of me 5ltheoel Qmrtar of Section 32. I) R.e aupF<1 prPoerlY oPomn la be uilpn Zme % (Arca of Mln mal Flaoa Xaxwa) pen Ise Xoliontl 32, Ronga 24. In Mega Lwnl y. Y'n nemta, spits lief Nam a/ IM1e Narlp I'ne of ISfi In L) UNIY a cliimed peals: Moko Caunly C-annle SYenm (NAD 1963 Cow6nolea-1996 Aa4stmem) ilaaa Inwra face Proyun, pled SaImsce Role Map Xos. 2]WSCOo01E .11 27003CON1]E, ao1M ...ITasir.lp Lane NorAmmal fes Ioia 1l and Wide N me Plat of Cnapmon'¢ Second Apple, eneplin9 De<emaer be. 2015. Conmun ity No. 2]0689. Tris nlarmal�an roe Mloin ea ham Ips FEMA Mop lterefiom me Wet 60 feel. 2.) Adp'nn9 ornernip InlMmallm <nomi Mnan vas M1a1e1 bon Its Anoka Conal, propel, ire SnNce Center Nt, alta. Teat pax al w Chat 206 Feel of me West ]not fact of me Nwmnesl WMIw of me spomeon xrormolkn ..I son. Wwler el radian 32. less.lp 32. Ran9< 24 M Anoly Coan1Y. Ynma.N. Mlc, lies fach al If. - - 3.) O,Map ...tans we per LIC., Anoka Dennis file NaM Ilse at Ism Lona NOYnweel oa old MI and pinned In me Plotz o/Cnopman'e Second and Child Amdkns PARKING 152 Regular SAN SO the North 50 felt If th, s 67102 fast If the Westfeet of me esl Water El cthe 624. UTILITY NOTES Mid S«Neost Quarter off sectbn32, Toomses 32. Ano,d CONANN MAnemta33,02 15] Patcartel Np Ma .'A. Ndepl Pnarcels 22 won 23. Aneko CMnty is w.Y PIg11-el-Was net Na. 41 .-Arsn9 to 1.) Unity inhwmatan From plans and mark's,¢ was cmm with W¢mwd eNaence of attune¢ to ,be map w plat ueol on 2< and of re<ad 'm Ise nl6<e a/ me Mako CMntY R«araw. dew op a Jar of be ones 9r1na uliiliea anarn sere xow<wr. eecawtian, me ea AREA 1«miss l ander„M1d ImiY.ea «noel be «<aoalarofanlpntar pea I'Mlmy amiaea. 1Nallcon. .Opts Abe me call 1«ate ,Crasser nam sw.w5wra m , be M1awen w hewn N w am'A Se.f Mea = 18e,5w eswe Mel ce 6,230 ac. es PLAT RECORDING INFORMATION respmu, where mdil or mise demflm ..-also rac-ad. mcaw0an ana/w isms bill, orale rtyWest m., a. nm.... I, The plat e1 CHAPMAN'S SECOND ADDITOM Cas filed of record an held, 2. 1965, as D«ument No. 1 2,) Omer .seen-.. I.Pliea of nnicn v< are I-Nore may roar Islip, al slime critical to 2722]c. cmnneelkn w can, The pial of CNAPMAN's THMD AaomDN n« MM anecord m December 2. 1966. 6s WMmml rvo. 2µ93e12 OKA CWNTY HIGHWAY RIGH I-Oi-WAY PLAT N0. e] wee I1M of recap m December 22 noy. 3 San' unser 1 PONPons art ¢hown al maker onsite by Ihoae ulaity <ompmi<a wnoae ) os OOcumml Nos, 1014210 and 226055. apmded feta ,Dopper State Me CO.. lines wmpen 221]52291. 221]52]93 end 221752968. I IST OF POSSIBLE ENCROACHMENTS ( ] Oeann,a asp/w dimensions limed .dein .Gen are per plat or -ON d«omenla. 4_) Conloet GOOn ER STATE WE CALL at 651-454-0302 (BW -252 -fins hen precise ensile 1«atim of ubtdle¢ pror to any -man., The Iglovvq Ial of pa..ae anuwchm-ta is may me seinen o1 leis A. ' pale TITI F COMMITMENT s) I,1wt. uNINAN9 - m a by Nance Locating Sv,Aon. Sen an dory am, 202¢ Per <to' not be imannetad oA o legal Demon and Nand sol 1..111r<lea he o ca ham,. thoselines ON 'NPes "Smsed me ase of Ines owner. Ipicolly by ¢mm«se emu than a ❑A Powi". Mcroawmmis ue indkatep m sum, rim posed letters oa Intel telex. *rst American Till. Insurance Company. Iswn9 A9wt ROM:atered AnIt-t1m. Inc.. Commitment Iw ale nsaronce ill, No. ]22-.7013. Commitment data Juts 11, 2022. - relied upon a, to mattes COI S, Slate cn. Call ,lateral utility ambom, A,) parkin, lot prMroy cry.... earl properly line of N,wa. Schedule B Exceptions: Oj eNep0o nmcated m spy SAN i^1M pa mervia, none. Items nen listed a aN swwm a a: mXans an / re o ...II Armed. 10.1 Reprint- No. RO62-06 ar e,Me d by Document No. 1965035001. [sat shown-Nndpmal use p„m� ON,N! Deeembc 3h 2W9]re BIR Denolee Bircn Ir CRAB Del CmpoPon free MIL Denalea Maple N I'M panels. Pone Y.e 4D Denali. Mop PER Denotes detdal.e this SURVEYOR'S CERTIFICATION To Gere Lomnm Gw<h of M a Minnesota Nm -Loll C...NI And '.at Amm« o 1111. mato... cap nnpwy, MIs n le eexiwy No, 206 man w lam ma me wive an lm it s eased e I.me 1021 uinimum standard NINA .1,1. a, ALFTAr and Inds. feel encl 4ea Ilam¢ ,2113 e,mablifi( ,. IN'l) IS 9, K.) a1' U or Toone A bisect me 6alewa4 has <anpnlM m ty 12. 2022 Ormet Isis 27th day ooa JI," 20E2. y`QrA N SLIDE LAND SARNEYING. LLC. = Y Y eN IS J Con inn. Lk. O1140OP dol`" Nemiter 9 ALTA / HSPS [ AND T! R E SUR l EY FOR. GR4CELUTHER4N CHURCH 1S6A9R0ViMLeke BwAevanl, loyie tMN J1 SUNDE �.e me`";,mI=I. LAI149 SYLYC mrssxp., ° me one 0 0 0 so SCALE® x1r.e.. z. e 1 0f 1 del n TRASH ENCLOSURE PLAN n EAST ELEVATION m SOUTH ELEVATION n NORTH ELEVATION A1.0 ly._1.a. AIH 111'=1'ff AID nr•rff 1w•=ra' 7 J Z 0 Q W J O In Lu Q J 0 Z Nn LL 1.2. W, BUNKER LAKE BOULEVARD NW c ADDITION (A) • I SITEPIANKEYNOTES `O SITE PLAN GENERAL NOTES I. FPSTMYLINE. IS.IAtlTUEED, U.E%ISL TPANSMIVER-SI AfIEIDYEAIFY pLI FASTNGCCNONpN4A40 2.EMTM CgICRETECLASM'DGITERWIWXROW. ST SMISSCGNCPFTEPAVWGIXTTWE 5AT1$'FAgI ]I. REMWPIANIERW LMI$MFA DIMFNSICJUSSNOWGNME411EfLON.REPMT $. F%1STM.BCRETECLWRINOGUTIER WAYWERV• SXACTEDMANUWIFUL�MESML. $5SEEL10 DISCREPA40ES TO ME OAMIMT IMIAMTELY. I..TN..MTPARSW'1LOi 21.4'MS T PANNO OVER F CLASS 6 WE HATERS... `A. EXISLSMAGEWREMVN. RSEEMMffCN .IIF.WOP%IDIOCEMTO S. ERSTMLK.4.P TER. 4]. WNCRETEIRMAPS%LLWAY-SFECML MEBMOINO B. ECISIINGGTCNSASIN. V M12CMCREIECURSPAY ERSEECML N. EXPANSIQYMINT. CSEELV95GPEPWl.SNMLISFMFLNTM 2, E%15PNDGMCPERSICEWINL ST SUYMN MR IYYEP1W1 M"ASI)MMIJM A.SIGN:'CNyDGIAEWMCEF pNWNO'. MFhS. S. M TM AIXE55IBLSMIMGMK N.E%ISnx000WNSpWT. a E%LSTWokRTABLEMWINGSTOPE o.MSPLArusEswEORIM1gN E MESITEEURJEY S. E%ISNIGFVMERWNL 25.pflEfIX.4ETM W4NISPoVIYAM M'%10'4GIM. EIE RESINES. DISCONNECT PLL SEANCE$. SEE FPFPAPEDBYSMWIANDGMY MSTEDNLY2, iG EtlI CSMETESiO%. SPIASy&CfJC CML AR, II. F%5PAG 0.5PNOLi SIREEFPAVING. N SIM,=EWS.E PPN9IG. YTNKAE IO REMI0.ED. d1. pEM0VEEp511NGW0.'V SIRUCNPE. 12. FY19TAGCNVN{WKFENCE up.1 ME"N'g rCN'-SEE= I]."ETINGME9GN V SIM:'ACCESSNSLF. WPMKKIG'- 41EI N 11Etl4NX3TREEISMICIII. PROTEUM.DPMAGE M. SICN.'STGP.'-SEEfML IS EN MXO]DCCWMM A. LIWPME-SEESLECIPIW_ %FY TIMEXY1 ,M. 1'WMITEPINTSTPoPETPICM N. E%SNNGSTEELEg2AGO5'1. 31. WNIIEPNNTEDACCESSII te. MOTLISEDL—]2.AllFSSID_E PML-A-ONL m G m VJ CITY REVIEW SET —O , V) � ® Q U • _- GFill —ram I e.fJ:F4Y®m®I"I 8Hlii�EwBR���IA!f8 MIME INI @� . u pERnncnnox O i , i , PLAYORWNO ❑ i I w_'a irai 136TH LANE NW i ------------ r- - - - - - - - - - - - ------------------ BU® $IDFWRTHAVENUESDUTH SurtEtoro MIHNFPPOUS, wxH E W TA S511S IFI: 61LSSS.IIIB KCSUSCHEBUSCH�ARCHITECTS.CCM COHBULTMT 1 I ' • { _ I 11 • SIB:EfT1ILE N SITE PLAN AND DETAILS SI S IS M do A1.0 MEETNO. SHEET d OF M CITY REVIEW SET —O • _- SUBMITTAL2 BID SET ---------------------------------- ---- --------_--__-- pERnncnnox M 12 j 10 IB IB IS IB . ..- .. mw nic w.lw S 5 � I-D.SrLl vmvrzolywe mxcewrl CWMISSpNNO' 21a1 jNOTE flLGEB10 NO WORK NIXIBT 1 I CIEMS BY KIN � PLIEPNATE S MLIAHD LNUARY312023 OVER3AY PPfM NG Oi- I ' 0.EVSIGNpP1FS: EXISTING ------- PARKING.—__ -,L—..__.. LOT � I 150PMpH0 ___ I I I L_.. ..... ___. I PROIEQIIRE i ---� --- ------ --- GRACE ADDRIOUTHERAN MODELCHURCH ADDRIONSREMDDEL ' I __- _ .. _._. 1 OMEN 5 S I GRACE LUTNEMN CHURCH n . FNG.09U RE .MESA Mp W{EBLWMS' M ERMNM9M 1 I ' • { _ I 11 • SIB:EfT1ILE N SITE PLAN AND DETAILS SI S IS M do A1.0 MEETNO. SHEET d OF M n WDW. HEAD DETAIL AT NEW OPEN MO 11? -1'V WDW, SILL DETAIL AT EXIST. WDW. JAMB AT EXIST. JAMB TooTx+x BHcxa ueuwxwAs HEavwrO� EWE BNOEO� L_© souo.coxr wood BLPY]W. �.wAr.uE. n WDW. JAMB AT NEW OPENING MA 11R-1'tl n NORTH ELEVATION M.0 48's1'II BU® 310FOURMAMUESOUM SUFIE Im NCBUSCH@BMCHARCN TS.COM CONSULTA 0.B a�x+s BJ 7.2 i CITY REVIEW SET Mrap..w.a SUBMITTAL BID SET �ma.prkw,p _� _�TI�J III cunnunoN ��JJ H ��<mmwressxw.reor�um. ,q,..y�u®, um.ruurwml umxw a rn p�a RK. 1M L a n WEST ELEVATION AAa ,H., ra C@AMASBpX AG_ 114 BMNH BY: RAWN(C8 CHECMDB x% BATEUN 31,. TL Q murE°Mtav Li Bi06MTE MDA RBuaBATEs ° m —` , wmHrAw �panvrwevxx vesnex �wnereewn R�.s.w.amm rnwa PMECTME GRACE THE ----- ___—__—___---___---- _—___.._..___ __—_____—____- .--- _----- __ __—____._..____ ll.._.._lol_IO-1__—______. _ ._ _ _ —__— _..____ A ORON REMODELURC ,Bsssx°uxouxBB,w xw ------------- _----------- --------- __--------------------- .__.._.__ TaGml°E,ssso n SOUTH ELEVATION M.0 „B.a1'A OMNER GRACELUT NCHURCH wap IMuss�wlazw xx ruramr 1 par SHEUME EXTERIOR ELEVATIONS n TRIM AT ACOUST. PANELS EAS Ma nrz'=rx ^c° wa'a SHEETNO. A4.0 OF m SHEET v7 ---------- "Mi n TRIM AT ACOUST. PANELS EAS Ma nrz'=rx ^c° wa'a SHEETNO. A4.0 OF m SHEET v7 E BUNKER LAKE BOULEVARD NW F LANDSCAPE PIAN KEYNOTES Lo Ia INOTUSEDI 20 5'mICHf/v11CPEIEPAVINSWNNOBIRSATICEACN WAY OKA6' CgMACIF➢G WJNUA FlLL EEE CML 2I. d• ADQT PAVwG GhR V QASS S B/5E LU1FNwl sEEGIw 22. 0912 COORVECURBANOCAMR. EFECML. ..UIONG MF%RUUAG SUM AS SOSIES UNE. 2d. EXIBTNG WNNS aUr. 25 MY.Fw.IQ'fu WWNEPW rM1Mb'x 1CCCNC9EIE 4 SIGN, 20.EIGk'ACtfSRIB1EPoApu. 4ENICIENHWRFO. uP rG sltl WEFOG UE KORA-SE SE E2 EIGY'A-.EIE.NOPAN(ING' EEECML 28. UGH ME -S EEECINL D. WNTPQE-3STSSPS Fl SO d•vmrlEPuxrsrkPErrFIceL JI. WNLEPNACCESSI&ESYMWL E2. ACCESEIBLEIE 6EE WL I LANDSCAPING SITE PLAN L1.0 1'-Mtl 136TH LANE NW A.EX1S1iPANSMN.-SEE EIEO. aEMrsPF£A IS WYARM-SEEUO AMST, JIGNPGETO PEIiw. PoPRA➢SPLLWAY�SEEGNL .'wASMN ESIGN THUCAR E NN aWmxGuttwGAREAMRIDAu. dl. N W PUNINV OAFA W1M SNPo105. J' Nwnwxo uua.aw9uaPlurlc fOollA. n EDARM4'GEV MI.C(OINT Ar HISNED.V9Fl5. dS YEONLNEISgSN10EOBY CW9mucr1?Il..REuorsaoaEo. u. SEU 1r BUC(OIMFdlAtWuu wPN10FW. p ANT IRRIGATION AN EXISTING FULL -COVERAGE LAWN YSTEM. THE SYSTEM SHALL BE THE OWNER AFTER COMPLETION OF . IRRIGATION SHALL EXTEND TO ALL PLANTING SCHEDULE 2103 QTY TYPE 1 NAME SIZE 55 TYPE 1 BABY KIM LILAC 2 GAL 55 TYPE BLUE DWARF JAPENESE STONE PINE 3GAL PROPERTY STATISTICS PROPERTY ZONING: R-4 BUILDING SETBACKS: NORTH (BUNKER LAKE BOULEVARD): 40 -FEET EAST: 30 -FEET SOUTH (136TH LANE): 35 -FEET WEST (ROUND LAKE BOULEVARD): 40 -FEET SITE AREA: 184,593 SQUARE FEET BUILDING FOOTPRINT: 25,162 (INCLUDES GARAGE) PARKING AREA: 78,424 SQUARE FEET OTHER IMPERMEABLE SURFACES: 5,760 SQUARE FEET TOTAL IMPERMEABLE: 111,430 SQUARE FEET PARKING PARKING REQUIRED: ONE SPACE FOR EACH SEAT IN MAIN ASSEMBLY SEATS IN SANCTUARY: 400 PARKING REQUIRED: 40013=133 N ®SWEINFEET 0 lorl m��l I TREE NUMERATION DUSTINGTREES: 49 TREES REMOVED FOR CQNSTRUCTION:5 NET TREES REAWNING: 44 TREESREQUIRED: 1,863 LINEAL FEET PEWMETEMS = 25 TREES REQUIRED. MEETSREQUIREMENTS SHRUB NUMERATION EMSTINGSHRUBS: 15 SHRUBS REMOVED FOR CONSTRUCTION:5 NET SHRUBS REMAINING: 10 SHRUBSREQUIRED 1.063 LINEAL FEET PERIMETERAO=62 SHRUBS SHRUBS TOTAL SHRUBS REQUIRED: 121 111 NEW SHRUBS REQUIRED n SHRUB PLANTING DETAIL L1A f=i0' BUSCH 310MRINAVENUESOUTH SUITE10W MINNFAPOLIS,MINNEWTASHIS TEL: 612MM9 KCBUSCH@BUSCWMCHRECTS.COM CONSULTANT CITY REVIEW SET SUBMITTAL 2 BID SET tER11FlG110- ireunmm mLlrw Puvewmsma AI2 CWM... 2103 w,"Nst ALx2uxce CNECgDBY NCB DATE LAVNtt21.'AYI BIDIBETIEWTE NENS"DATE9: PROJECf1xLE GRACE LUTHERAN CHURCH ADDITION & REMODEL 1JJSFGLWDLAREBLNDNM Mmo% .S. m:Ra)1. QwxEa GaAc6LOTHER,w cxuacx I SfiSS RpwNN ONPN'Fa NN NSASSN S5N1 �� dnac L•�Hanu Ch nd1 01¢ETiR1E LANDSCAPE PLAN L1.0 SHEEINO. 20 SHEwrtnvy�OF 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.AN DOVE RM N.GOV TO: Planning & Zoning Commissioners CC: Joe Janish, Community Development Director Peter Hellegers, City Planner FROM: Jake Griffiths, Associate Planner SUBJECT: Discussion — Planning & Zoning Commission Training DATE: February 28, 2023 DISCUSSION For informational purposes, the following topics will be reviewed during the workshop: Topics/Attachments A. Planning & Zoning Commission Procedures B. Open Meeting Law & Remote Meeting Participation Policy C. Meeting Cadence D. Other Topics/Questions Recroectfully submi ted, Jake Griffiths Associate Planner C I T Y O F NDOVE. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Planning and Zoning Commission Procedures (Revised 2023) A. General Information 1. Role of the Planning and Zoning Commission The Planning and Zoning Commission serves as an advisory board to the City Council. The seven member board makes recommendations based on the city's Comprehensive Plan, City Code and the input of residents. The City Council makes all final decisions. A summary of the types of items reviewed by the Planning and Zoning Commission within this packet. 2. Procedures The Commission abides by the rules of parliamentary procedure known as "Roberts Rules". A brief overview is provided within this packet as well. Please keep in mind that the Commission does not follow Roberts Rules "by the book" and instead uses them as guardrails to help run an orderly and efficient meeting. 3. Meeting Dates and Times The Commission typically meets on the second Tuesday and sometimes on the fourth Tuesday of each month. Meetings are held in the City Council Chambers at City Hall. The meetings begin at 7:00 p.m. and typically last between one and three hours. On occasion there may be other meetings, such as workshops or open houses, that do not occur at the regular meeting time. 4. Length of Term Commissioners are appointed to serve three-year terms beginning in January. Members may reapply to serve consecutive terms. At the expiration of a term, Commissioners serve until the City Council fills their seat. 5. Staff Reports Staff reports will be prepared for each item on the agenda. The reports will include general information, applicable ordinances as well as information provided by the applicant. A packet including all the materials for each meeting will be delivered to Commissioner's homes on the Friday before the meeting by an Anoka County Sheriff's Department Community Service Officer. 1 6. Attendance If you are unable to attend a meeting, please contact a staff member in the Planning Department. This is important to ensure that a quorum (majority) of Commissioners will be present at each meeting. Three consecutive absences will result in automatic removal from the Commission. 7. Payment Commission members receive a small stipend per meeting. Payments are made quarterly. Commissioners are asked to fill out a W-4 form prior to receiving compensation. 8. Public Hearing Notification Process Approximately 10 -days prior to the meeting: A Public Hearing Notice is mailed to all property owners within 350 -feet of the site if it is urban, and 700 -feet of the site if it is rural. This follows the requirements established by Minnesota State Statute for notification distances. A sign stating "Proposed Change" is placed on the site to inform interested residents of the public hearing. The sign has a phone number that residents can call for information on the public hearing. The public hearing notice is also published in the City of Andover's official newspaper which is the Anoka County Union Herald. This is also required by Minnesota State Statute. 9. Recusal From time to time a member of the Commission may have a conflict of interest in an application being reviewed, in these situations Commissioners may need to recuse themselves from the agenda item. Please contact City staff prior to the meeting if you feel you have conflict of interest on a specific application. Please note that living in close proximity to an application alone is generally not a conflict of interest. 10.60 -Day Rule Commissioners should generally be aware of Minnesota State Statute 15.99, commonly referred to as the "60 -day Rule", which requires a City to make a decision on all zoning applications within 60 -days of the date of submittal, or 120 -days if the City issues an extension. If a City fails to act on the request in that amount of time, the request is automatically approved. The underlying purpose of the rule is to keep governmental agencies from taking too long in deciding land use issues. City staff monitor each application for compliance and will inform the Commission if its motion, especially motions to table, may conflict with the rule. 2 B. Summary of Items Reviewed by the Planning and Zoning Commission Most of the items reviewed by the Planning and Zoning Commission will be from one of the following categories: Pe 9f p Plan Review Variances A. QQv Conditional �0,� P Use Permits d` Subdivision Applications Zoning/Subdivision �P Ordinances 00 rehensivePlan��' (Establishing law) 1. Comprehensive Plan A "road map" for the community. This document establishes the vision and goals for the community and City Code is required to be consistent with the Comprehensive Plan. As the City of Andover is part of the Metropolitan Council (Met Council) our Comprehensive Plan needs to be consistent with Policy Statements and guidance of the Met Council. This plan provides the foundation for all land use regulation in the city. Overall the information within a Comprehensive Plan follows three basic questions: a. What is the state of community today? b. What should the community be in the future? c. How will we get there? 3 2. Comprehensive Plan Amendment Most Comprehensive Plan Amendments (CPA's) involve changes in the Future Land Use Map. This map provides a land use designation for each property in the city. These designations regulate the types of activities that can occur on a property; such as residential, commercial, or industrial development. In other cases, a CPA may involve a change to the text of the plan to more accurately reflect changing times and conditions. Criteria for the review of these amendments are provided in Chapter One of the Comprehensive Plan. STATE LAW. All Comprehensive Plan Amendments require a 4/5ths vote of the City Council to be approved rather than a simple majority. Comprehensive Plan Amendments also must be approved by the Metropolitan Council. 3. Zoning Ordinance This is a tool to implement the comprehensive plan. Zoning is a method of establishing a land use pattern by regulating how land is used by owners/renters. Zoning ordinances include area standards (size, setbacks, height, etc.), various zoning districts (residential, commercial, industrial) with standards and allowed uses within those zoning districts. 4. Zoning (City Code) Amendment City Code amendments typically involve changes to the text of the City Code. These requests can be initiated by an applicant or the city. In many cases changes to existing regulations are made to reflect changes in times and conditions or to address situations that have not previously been contemplated. 5. Rezoning A rezoning is a change (amendment) to the city's official zoning map. These change the zoning district of one or more properties. Zoning districts prescribe land uses that are allowed as well as dimensional standards for lot size, building setbacks and other items as detailed in Title 12 of the City Code. STATE LAW. When property is rezoned from residential to commercial or industrial, a two—thirds majority of all members of the city council is required. Other zoning changes only require a simple majority and rezoning should be consistent with the comprehensive plan land use map. F1 (Applying law) 6. Lot Split A Lot split is a division of one property into two properties. A survey, legal descriptions of the proposed properties and other information is required depending upon the circumstances surrounding the subject property. City Code Title 13, Chapter 1 provides the review procedure for lot splits. 7. Sketch Plan A sketch plan allows input from the Commission on a conceptual development proposal. The purpose is to allow a discussion between the Commission and applicant to help determine whether a concept has merit and what types of adjustments are needed before proceeding to a formal recommendation by the Commission. This is an inexpensive way to determine if what a person is asking for is viable. 8. Ghost Plat Typically this is a reference to a conceptual development layout for surrounding properties. It is used to show how the properties around a proposed development could develop, and the proposed development still leaves options for those property owners. 9. Preliminary Plat Preliminary plats involve the subdivision of one or more properties into more than two properties. These items are more complex than lot splits and require additional application materials including a grading plan, storm water management plat, geotechnical report and tree protection plan. City Code Title 11 provides the specific regulations for preliminary plats. 10. Conditional Use Permit (CUP) Conditional use permits (CUP's) are required for land uses that have the potential for adverse impacts on adjacent properties. CUP's allow the city to place reasonable conditions on the approval of a project to mitigate these impacts. In some cases, with sufficient findings, the Commission can recommend denial of a CUP if reasonable conditions are deemed not to be sufficient to adequately address adverse impacts on adjacent properties. The burden of proof is the applicant's responsibility. The criteria for considering conditional use permits are provided in City Code 12-15-7. Criteria for granting Conditional Use Permits (CUP)• a. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 5 I. The effect of the proposed use upon the health, safety, morals, and general welfare of occupants of surrounding lands. ii. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. iii. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 11. Interim Use Permit (IUP) The purpose and intent of an Interim Use Permit (IUP) is a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. IUP's include uses such as mining, home occupations, interim performance standards (for the Hughs/Westview area), land reclamation, storage of construction highway materials, subordinate classroom structures, and other uses that the City establishes a sunset clause, a date of expiration. The criteria for considering interim use permits are provided in City Code 12-15-8. Review Criteria: a. The Planning and Zoning Commission shall recommend an interim use permit and the Council shall issue such interim use permit only if it finds that such use at the proposed location: I. Will not create an excess burden on parks, streets, and other public facilities; ii. Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; iii. Will not have a negative effect on values of property and scenic views; iv. Will be subject to, by agreement with the owner, any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner may be required to provide an appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. b. Termination. An interim use permit shall terminate upon the occurrence of any of the following events, whichever occurs first; i. Five (5) years from the date of approval; or ii. The date or event stated in the permit; or iii. An amendment to the City Code that either no longer allows the interim use or now permits the interim use; or iv. The use has been discontinued for six months. 12. Variance Variances are essentially a waiver of a specific City Code requirement that may be granted when unique circumstances are demonstrated by the applicant. The Commission is asked to compare an applicant's request to the Zoning Code and the criteria of City Code 12-15-9 to determine if a recommendation of approval or denial is appropriate. Review Criteria: a. Variance shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. b. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: The property owner proposes to use the property in a reasonable manner not permitted by an official control; Means the landowner would like to use the property in a particular reasonable way but cannot do so under the current ordinance. It does not mean that the land cannot be put to any reasonable use without the variance. For example, if the variance application is for building too close to a lot line, or does not meet the required setback, the focus of the first factor is whether the request to place a building there is reasonable. ii. The plight of the landowner is due to circumstances unique to the property not created by the landowner; VA The uniqueness generally relates to the physical characteristics of the property. iii. The variance, if granted, will not alter the essential character of the locality; Will the resulting structure be out of scale, out of place or inconsistent with the surrounding area? iv. Economic considerations alone do not constitute practical difficulties. Economic considerations can be considered, however cannot be the sole factor. 0 13. Planned Unit Development (PUD) CITY CODE 13-3-1: PURPOSE: The purpose of a Planned Unit Development (PUD) is to encourage more efficient allocation of density and intensity of land use where such arrangement is desirable and feasible by providing the means for greater creativity and flexibility in environmental design than provided under the strict application of this code. It must be demonstrated to the satisfaction of the City Council that a higher quality development will result than could be otherwise achieved through strict application of this code. (Ord. 298, 8-4-2004) 13-3-6: ZONING AND SUBDIVISION STANDARDS AND REQUIREMENTS: All standards and provisions relating to an original zoning district shall apply, unless otherwise approved as part of the PUD. All standards may be modified or waived provided the applicant demonstrates harmony with the purpose of the PUD and the findings described in Section 13-3-9 of this chapter. (Ord. 298, 8-4-2004) If the PUD does not change the underlining zoning, then the standards still apply. For example in the R-1 Single Family -Rural zoning district, the following are lot standards: • Lot size of 2.5 acres • Lots 300 feet wide at the front yard setback line • Lot depth of 150 feet • Density of 0.4 units per acre 13-3-9: FINDINGS REQUIRED: In order for a PUD to be approved, the City shall find that the following are present: A. The proposed development is not in conflict with the goals of the Comprehensive Plan of the city. B. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. C. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of a PUD. D. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. (Ord. 298, 8-4-2004) 13-3-11: DESIRABLE PUD DESIGN QUALITIES: The following design qualities will be sought in any PUD: A. Achieves efficiency in the provision of streets and utilities and preserves area to achieve the elements of design qualities described in this chapter. • Minimizing soil disturbances for the construction of roadways? • Minimizing impacts to wetlands? • Openness to modifying design standards, such as street width, setbacks, lot dimensions, lot sizes? B. Provides convenient and safe access for vehicles and pedestrians and all types of activity that are anticipated to be a part of the proposed development. • Review of access into and out of the development? • Review of multimodal traffic within the development? • Review of multimodal traffic to connect to existing amenities? C. Provides a buffer between different uses, adjacent properties, roadways, between backyards of back-to-back lots. • Tree stand preservation? • Landscaping plans? • Restrictive Easements? • Home Owners Association (HOA)? D. Preserves existing stands of trees and/or significant trees. • Tree stand preservation? • Moving roadways to avoid trees or significant trees? • Smaller lots than the 2.5 acres are considered in order to place a roadway in an area to preserve trees? E. Provides considerable landscaping treatments that complement the overall design and contribute toward an overall landscaping theme. • Additional trees for each lot? • Monument entrances? • Rain gardens? F. Preserves significant usable space on individual lots or through the provision of open space within the development. • R-1 zoning requires a total of 8,600 square feet of upland (3,600 sq ft for home and 5,000 square feet for primary and secondary septic location); would a half (5) acre of upland or more per lot be considered "significant usable space? 10 • If a developer could provide more upland per lot vs. 8,600 square feet, would council consider a smaller lot than 2.5 acres? • If a developer provided open space either as HOA owned or provided additional parkland or preserve to the City, would council consider smaller lots than 2.5 acres? • Clustering? G. Provides an attractive streetscape through the use of undulating topography, landscaping, decorative street lighting, decorative mailbox groupings, retaining walls, boulders, fencing, area identification signs, etc. • If "Undulating topography" creates lots that are less than 2.5 acres, is that acceptable? • If minimizing the impact of construction creates smaller lots, is that acceptable? H. The proposed structures within the development demonstrate quality architectural design and the use of high-quality building materials for unique design and detailing. • Custom home sites? • Limitations on building materials? • Color restrictions? • Home style restrictions (ramblers, two story, patio/slab, etc.)? I. The lasting quality of the development will be ensured by design, maintenance and use guidelines established through an owners' association. (Ord. 298, 8-4-2004). • If the HOA restricts uses that the City Code allows, is that acceptable? • Limit home occupations? • Not allow for accessory structures, additional limits on accessory structures size, • Restrict parking in driveways? • Require additional landscaping? • Other code restrictions? 13-3-12: APPROVAL OF PLANNED UNIT DEVELOPMENT: The developer must demonstrate that the amenities and qualities of the Planned Unit Development are beneficial and in the public interest to allow the development to be approved. A substantial amount of the design qualities identified in Section 13-3-11 of this chapter shall be found to be present in order to approve a PUD. The amount of amenities and type of qualities that constitute an acceptable PUD are at the sole discretion of the City Council to determine. (Ord. 298, 8-4-2004) 11 General Applications Process Applicant meets with City Staff ARC Planning Eng. PW Fire Bldg. Admin Nat. Res. Staff Review Revisions Planning and Zoning Commission Meeting - Hold Public Hearing - Recommendation to City Council City Council Meeting — FINAL DECISION i 1 Si II — 1. l Applicant submits Application SUEmh.bn SutauN Staff Comments - Develop PZ Agenda Item - Schedule Public Hearing Develop CC Agenda Item including Planning and Zoning Commission Comments 12 Making Recommendations Based on Findings of Fact Working with municipal land use regulations can be difficult for both city officials and residents. Sometimes cities need to make controversial decisions, and no matter what the result, someone will be unhappy. An important part of the process is developing and adopting written "findings of fact" that explain the decision. Carefully and thoughtfully developing written findings of fact can help solve a contentious problem because it forces officials to focus their review on the merit of an application. It also produces a record that makes it easier for a court to uphold the decision if it is challenged. This is especially important when making a recommendation to deny an application. Findings of fact should explain to the reader how and why the City reached its decision and should: • Identify the relevant legal criteria, such as City Code or Comprehensive Plan requirements. • Explain the relevant facts relating to the particular application. • Apply those facts to the legal criteria. For example, a finding of fact for denial could be: City Code 12-3-5 requires a minimum lot size in the R-4 zoning district of 11,400 square feet. The proposed application is proposing a minimum lot size of 8,000 square feet. Since the proposed application is located in the R-4 zoning district and does not meet the minimum lot size established by City Code 12-3-5, the Planning & Zoning Commission recommends denial to the City Council. Please keep in mind that the findings must be facts, and not opinion or hearsay. For example, if the Commission wanted to recommend denial of an application but as part of the application a traffic study was conducted showing that the amount of traffic created would not burden adjacent streets, the Commission should not cite traffic concerns as a finding for its recommendation of denial as the facts would not support its recommendation. Additionally, findings should only relate to items under the City's jurisdiction. For example, denying a proposed residential development out of concern that it could increase classroom sizes at a school is not a good finding of fact as schools are outside of the City's jurisdiction. The same is true for private utility infrastructure such as power or natural gas. Resident opposition alone also cannot be a reason for denial. City staff are available during the meeting to assist with creating findings of fact. The Commission through its recommendation can also allow City staff to review the entirety of a meeting and come up with findings to be forwarded to the City Council based off the Commission's discussion. 13 • Increaof levy for an EDA. • Continu tion of a municipal liquor store after a net loss for two of three consecutive years. • Adoption r amendment of a zoning ordinance. • Subdivision pplications. • Granting of a onditional use permit. • Adoption of a arter amendment by ordinance. There are other situ tions that may require public hearings, Contact the League's Research Department at (651) 281-1zoo or ( oo) gz5-11zz for further information if you are unsure about a particular situation. The open meeting law The Minnesota open meeting law generally requires that all meetings of public bodies be open to the public. This presumption of openness serves three basic purposes: • To prohibit actions from being taken at a secret meeting where it is impossible for the interested public to become fully informed concerning decisions of public bodies or detect improper influences. • To ensure the public's right to be informed To afford the public an opportunity to present its views to the public body. The open meeting law also contains some specific notice and record-keeping requirements, which are discussed in detail in later sections of this document. ■ Groups to which the law applies The open meeting law applies to all governing bodies of any school district, unorganized territory, county, city, town or other public body, and to any committee, sub -committee, board, department or commission of a public body. Thus, the law applies to meetings of all city councils, planning commissions, advisory boards, firefighter relief associations, economic development authorities, and housing redevelopment authorities, among others. The Minnesota Supreme Court has held, however, that the governing body of a municipal power agency, created under Minn. Stat. §§ 45351-453.62, is not subject to the open meeting law because the Minnesota Legislature granted these agencies authority to conduct their affairs as private corporations. ■ What is a meeting? There is no statutory definition of the term "meeting" for the purpose of the open meeting law. Minnesota courts have generally ruled that a meeting is a gathering of a quorum of public officials to discuss, decide or receive information on matters over which they have authority. Because the term "meeting" has not been clearly defined, the issue of whether or not a meeting has been held must be decided on a case-by-case basis. Some examples of cases are discussed in further detail in a later section of this memo. Gatherings to which the law applies The open meeting law applies to any gathering of a quorum or more of public officials where the members discuss, decide or receive information as a group on issues relating to the official business of the public body. A "quorum" is a majority of the members of a statutory city council. A majority of the qualified members of any board or commission also constitutes a quorum. Home rule charter cities may have different quorum requirements in their charters. Thus, the open meeting law would apply to any of the following types of gatherings: • Regular and special meetings. • Public hearings. • Executive sessions. • Work sessions. • Retreats. A Good Start to Good Governance League of Minnesota Cities Exceptions and the procedures to use them There are some exceptions to the open meeting law. Under certain circumstances, some meetings may be closed. There are also some meetings that must be closed. Before a meeting can be closed under any of the exceptions, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. All closed meetings, except those closed as permitted by the attorney-client privilege, must be electronically recorded at the expense of the public body. Unless otherwise provided by law, the recordings must be preserved for at least three years after the date of the meeting. 1. Meetings that may be closed The public body may choose to close certain meetings. The following types of meetings may be closed: • Meetings to consider strategies for labor negotiations under PELRA. Although a meeting to consider strategies for labor negotiations may be closed, the actual negotiations must be done at an open meeting if a quorum of the council is present. Procedure. The following must be done to use this exception: — Before closing the meeting, the council must decide to close the meeting by a majority vote at a public meeting. — Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. — A written roll of all people present at the closed meeting must be available to the public after the closed meeting. — The meeting must be tape-recorded, — The recording must be kept for two years after the contract is signed. — The recording becomes public after all labor agreements are signed by the city council for the current budget period. If an action claiming that other public business was transacted at the closed meeting is brought during the time the tape is not public, the court will review the recording privately. If it finds no violation of the open meeting law, the action will be dismissed and the recording will be preserved in court records until it becomes available to the public. If the court determines there may have been a violation, the entire recording may be introduced at the trial. However, the court may issue appropriate protective orders requested by either party. • Meetings to evaluate the performance of an individual subject to the public body's authority. Procedure. The following must be done to use this exception: — The public body must identify the individual to be evaluated prior to closing the meeting. — The meeting must be open at the request of the individual who is the subject of the meeting, so some advance notice to the individual is needed in order to allow the individual to make an informed decision. — Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. — The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. — At the next open meeting, the public body must summarize its conclusions regarding the evaluation. The council should be careful not to release private or confidential data in its summary. • Attorney-client privilege. Meetings between the governing body and its attorney to discuss active, threatened, or pending litigation may be closed when the balancing of the purposes served by the attorney-client privilege against those served by the open meeting law dictates the need for absolute confidentiality. The need for absolute confidentiality should relate to litigation strategy, and will usually arise only after a substantive decision on the underlying matter has been made. This privilege may not be abused to suppress public observations of the decision-making process, and does not include situations where the council will be receiving general legal opinions and advice on the strengths and weaknesses of a proposed underlying action that may give rise to future litigation. A Good Start to Good Governance League of Minnesota Cities 9 Procedure. The following must be done to use this exception: — Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. The council should also describe how a balancing of the purposes of the attorney-client privilege against the purposes of the open meeting law demonstrates the need for absolute confidentiality. — The council must actually communicate with its attorney at the meeting. • Purchase or sale of property. A public body may close a meeting to: determine the asking price for real or personal property to be sold by the public body; review confidential or nonpublic appraisal data; develop or consider offers or counteroffers for the purchase or sale of real or personal property. Procedure. The following must be done to use this exception: — Before closing the meeting, the public body must state on the record the specific grounds for closing the meeting, describe the subject to be discussed, and identify the particular property that is the subject of the meeting. — The meeting must be tape-recorded and the property must be identified on the tape. The recording must be preserved for eight years, and must be made available to the public after all property discussed at the meeting has been purchased or sold or after the public body has abandoned the purchase or sale. — A list of councilmembers and all other persons present at the closed meeting must be made available to the public after the closed meeting. — The actual purchase or sale of the property must be approved at an open meeting, and the purchase or sale price is public data. • Security Briefings. A meeting maybe closed to receive security briefing and reports, to discuss issues related to security systems, to discuss emergency -response procedures and to discuss security deficiencies in or recommendations regarding public services, infrastructure, and facilities — if disclosure of the information would pose a danger to public safety or compromise security procedures or responses. Financial issues related to security matters must be discussed, and all related financial decisions must be made at an open meeting. Procedure. The following must be done to use this exception: — Before closing the meeting, the public body must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. When describing the subject to be discussed, the public body must refer to the facilities, systems, procedures, services or infrastructure to be considered during the closed meeting. — The closed meeting must be tape-recorded, and the recording must be preserved for at least four years. 2. Meetings that must be closed There are some meetings that the law requires to be closed. The following meetings must be closed: • Meetings for preliminary consideration of allegations or charges against an individual subject to the public body's authority. While the law permits the council to announce that it is closing a meeting to consider charges against an individual, it is still the best practice not to refer to that individual by name. The council should state only that it is closing the meeting to give preliminary consideration to allegations against someone subject to its authority. However, if someone requests the name of the employee who is the subject of the closed meeting, the name will probably have to be furnished since the existence and status of any complaints against an employee are public data. Procedure. The following must be done to use this exception: — Before closing the meeting, the council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. — The meeting must be open at the request of the individual who is the subject of the meeting. Thus, the individual should be given advance notice of the existence and nature of the charges against him or her, so that the individual can make an informed decision. — The meeting must be electronically recorded and the recording must be preserved for at least three years after the meeting. A Good Start to Good Governance League of Minnesota Cities 10 — If the public body decides that discipline of any nature may be warranted regarding the specific charges, further meetings must be open. (Note: There is a special provision dealing with allegations of law enforcement personnel misconduct; see next discussion*.) • Portions of meetings at which any of the following data is discussed: — Data that would identify alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults. — *Internal affairs data relating to allegations of law enforcement personnel misconduct or active law enforcement investigative data. — Educational data, health data, medical data, welfare data or mental health data that are not - public data. — An individual's medical records governed by sections H t44.z9t to r44.z98. Procedure. Before closing the meeting, the council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. ■ Notice requirements Public notice must be given of all meetings of a public body. The notice requirements differ depending on the type of meeting. However, if a person receives actual notice of a meeting at least z4 hours before the meeting, all notice requirements under the open meeting law are satisfied, regardless of the method of receipt. It should also be noted that statutory cities have some additional requirements for mailing notice to their councilmembers regarding special meetings. There may also be additional notice requirements for home rule charter cities to consider. These cities should consult their charters for more information. 1. Regular meetings A schedule of the regular meetings must be kept on file in the city office. If the city decides to hold a meeting at a different time or place, it must give the notice required for a special meeting. Cities must keep a schedule of the regular meetings of the council on file at the primary office of the council. This requirement can be complied with by posting the regular meeting schedule in a convenient public location. 2. Special meetings A special meeting is a meeting that is held at a time or location different from that of a regular meeting. A city must post written notice of a special meeting on its principal bulletin board or on the door of its meeting room if it does not have a bulletin board. If notice is posted on a bulletin board, the bulletin board must be located in a place that is reasonably accessible to the public. The notice must give the date, time, place, and purpose of the meeting. It must also be mailed to each individual who has filed a written request for notice of special meetings. As an alternative to posting the notice, the city can publish notice in the official newspaper at least three days before the meeting. A city must post written notice of a special meeting on its principal bulletin board or on the door of its meeting room if it does not have a bulletin board at least three days prior to the meeting. In statutory cities, the clerk must mail notice of special meetings to all councilmembers at least one day before the meeting. In calculating the number of days for providing notice, do not count the first day that the notice is given, but do count the last day. If the last day is a Saturday, Sunday or a legal holiday, that day is omitted from the calculation and the following day is considered the last day (unless, of course, it happens to be a Saturday, Sunday or legal holiday). A Good Start to Good Governance League of Minnesota Cltles 11 3. Emergency meetings An "emergency meeting" is a special meeting called because of circumstances that, in the judgment of the public body, require immediate consideration by the public body. Posted or published notice of an emergency meeting is not required. However, the city must make a good faith effort to notify each news outlet that has filed a written request for notice. Notice must be given by telephone or any other method to notify members of the public body. The notice must include the subject of the meeting. 4. Recessed or continued meetings No additional notice is needed for a recessed or continued meeting if all of the following criteria are met: • The meeting is a recessed or continued session of a previous meeting. • The time and place of the meeting was established during the previous meeting. • The time and place of the meeting was recorded in the minutes of the previous meeting. 5. Closed meetings The same notice requirements apply to closed meetings as to open meetings. Additionally, advance notice to an individual who will be the subject of such a meeting is needed under certain circumstances (such as to employees who are the subject of performance evaluations or disciplinary proceedings). ■ Written materials At least one copy of the materials related to agenda items that are made available to the council at or before the meeting must also be made available for inspection by the public. However, this does not apply to not -public data or materials relating to the agenda items of a closed meeting. in Common problems in applying the law There are many situations for which the open meeting law is unclear. This section provides an overview of some of the more common situations and how the law may be applied. 1. Data practices Generally, meetings may not be closed to discuss data that is not public. However, the public body must close any part of a meeting at which certain types of not -public data are discussed (such as active law enforcement investigative data, police internal affairs data, medical records data, and certain victim, health, medical or welfare data). If not -public data is discussed at an open meeting when the meeting is required to be closed, it is a violation of the open meeting law. Discussions of some types of not -public data may also be a violation of the Minnesota Government Data Practices Act (MGDPA). However, not -public data may generally be discussed at an open meeting without liability or penalty if both of the following criteria are met: • The disclosure relates to a matter within the scope of the council's authority. • The disclosure is necessary to conduct the business or agenda item before the public body. Data that is discussed at an open meeting retains its original classification under the MGDPA. However, a record of the meeting is public, regardless of the form. It is suggested that not -public data that is discussed at an open meeting not be specifically detailed in the minutes. 2. Executive sessions The attorney general has advised that executive sessions of a city council must be open to the public. 3. Committees and liaisons The attorney general has advised that standing committees appointed by a governing body also are likely subject to the open meeting law. Many city councils create committees to make recommendations to the council. Commonly, such committees will be responsible for researching a particular area and submitting a recommendation to the council for its approval. Such committees are often labeled as advisory, and the council is still responsible for making the final decision. The law is not clear when these types of committees or citizen panels are subject to the Open Meeting Law. Courts often do a fact analysis when reviewing Open Meeting Law challenges involving so-called "advisory" committees to determine if the committee represents a standing committee whose recommendations the council generally or always follows, or if the committee acts in more of an ad hoc advisory capacity. Many cities err on the side of caution and follow open Meeting Law guidelines for all its citizen advisory committees. A Good Start to Good Governance League of Minnesota Cities 12 City councils routinely appoint individual councilmembers to act as liaisons between the council and particular committees. These types of meetings may also be subject to the open meeting law if the committee contains a quorum or more of the council or has decision -malting authority. In addition, notice for a special council meeting may be needed if a quorum of the council will be present at the meeting and participating in the discussion. For example, when a quorum of a city council attended a meeting of the city's planning commission, the Minnesota Court of Appeals ruled that there was a violation of the open meeting law, not because of the councilmembers' attendance at the meeting, but because the councilmembers conducted public business in conjunction with that meeting. Based on that decision, the attorney general has advised that mere attendance by additional councilmembers at a meeting of a council committee held in compliance with the open meeting law would not constitute a special council meeting requiring separate notice. The attorney general warned, however, that the additional councilmembers should not participate in committee discussions or deliberations absent a separate notice of a special city council meeting. 4. Chance or social gatherings Chance or social gatherings of a quorum are not considered meetings under the open meeting law YOU'LL and are therefore exempt from it. However, a quorum may not, as a group, discuss or receive I TO information on official business in any setting under the guise of a social gathering. KNow tHis In tg8a, the Minnesota Supreme Court held that a conversation between two councilmembers over lunch regarding an application for a special -use permit did not violate the open meeting law because a quorum was not present. S. Serial gatherings The Minnesota Supreme Court has noted that meetings of less than a quorum of the public body held serially to avoid public hearings or to fashion agreement on an issue may violate the open meeting law. In short, this type of situation is a circumvention of the statute. As such, councilmembers should avoid this type of practice. 6. Technology trouble The open meeting law does not address situations that may occur as a result of communication '10,J through telephone calls, letters, email or similar technology. The Minnesota Supreme Court found that WApT the open meeting law did not apply to letters or to telephone conversations between less than a quorum. KNo`N while it is possible that a similar decision might be reached concerning the use of email and other forms Teis of technology, it should be stressed that if a quorum of members is involved in the communication, it would likely be considered to be a violation of the open meeting law. In addition, serial discussions between less than a quorum of the council that are used to deliberate matters that should be dealt with at an open meeting would likely violate the open meeting law. Therefore, city councils and other groups to which the open meeting law applies should not use letters, telephone conversations, email, and other such technology if the following circumstances exist: • A quorum of the council is involved, • Information relating to official city business is being discussed. The use of social media by members of a public body does not violate the open meeting law as long as the social media use is limited to exchanges with all members of the general public. The open meeting law does not define the term "social media," but this term is generally understood to mean forms of electronic communication, including websites for social networking like Facebook, Linkedln, as well as blogs and microblogs like Twitter through which users create online communities to share information, ideas, and other content. The personal use of social media by councilmembers could still be used to support other claims such as claims of defamation or of conflict of interest in decision-making. As a result, councilmembers should make sure that any comments they make on social media are factually correct and should not comment on issues that will come before the council in the future for a quasi- judicial hearing and decision, such as the consideration of whether to grant an application for a conditional use permit. A Good Start to Good Governance League of Minnesota Cities 13 City -owned social media accounts and social media accounts of elected officials (being used in their role as an elected official) must keep in mind First Amendment protections when considering policies about comment moderation and the blocking of users. Policies that restrict comments to the topic or delete negative comments — and practices of blocking or restricting friends or followers — could face challenges. Councilmembers unable to make a meeting may ask to attend meetings through interactive technology, such as Skype, Zoom, Teams, or other technology where the user can be seen and heard. There is an exception to the open meeting law where a member can be in attendance through the use of interactive technology. The remote location must be a public place unless the councilmember qualifies for one of the limited exceptions — which includes the current military service exception or for the health exception for 6o days after the removal of a previously declared emergency under Minn. Stat. r2.3t — both of which only can be used three time per year. Additionally, when one or more members join remotely, then notice must be posted at least three days before the meeting indicating the location from which the remote attendee or attendees are joining. We encourage interested cities to develop a policy for using technology like Zoom with the assistance of your city attorney ■ Intentional violations of the open meeting law A public officer who intentionally violates the open meeting law can be fined up to $300. This fine may not be paid by the public body. In addition, a court may also award reasonable costs, disbursements, and attorney fees tip to $r3,000 to the person who brought the violation to court. If a plaintiff prevails in a lawsuit under the open meeting law, a court shall award reasonable attorney fees if the court determines the public body was the subject of a prior written advisory opinion from the commissioner of the Department ofAdministration, and the court finds that the opinion is directly related to the lawsuit and that the public body did not act in conformitywith the opinion. A court is also required to give deference to the advisory opinion in a lawsuit brought to determine whether the open meeting law was violated. If a public official is found to have intentionally violated this chapter in three or more separate actions, the public official must be removed from office and may not serve in any other capacity with that public body for a period of time equal to the term of office the person was serving. However, removal is only required if the conduct constitutes malfeasance or nonfeasance. The statute does not address whether actions taken at an improper meeting would be invalid. The Minnesota Supreme Court once held that an attempted school district consolidation was fatally defective when the initiating resolution was adopted at a meeting that was not open to the public. However, in more recent decisions, Minnesota courts have refused to invalidate actions taken at improperly closed meetings. In an unpublished decision, the court stated that "even a violation of the open meeting law will not invalidate actions taken at that meeting." A public body may pay any costs, disbursements or attorney fees incurred by or awarded against any of its members for an action under the open meeting law. A Good Start to Good Governance League of Minnesota Cities 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Remote Meeting Participation Policy SECTION 1: SCOPE A. BACKGROUND: The City of Andover seeks to develop guidelines to promote transparent and orderly use of electronic technology that allows Council and Commission members to attend meetings from a remote location. Electronic audio/video attendance options continue to advance and evolve, along with the laws that govern such attendance. The city may adopt regulations that are more restrictive (not more lenient) than those provided by state law. B. PURPOSE: The purpose of this policy is to create guidelines governing the remote attendance and participation of members at Council and Commission meetings. Advance notifications and limits are established to provide proper notification to the public, and to allow the City to arrange the appropriate technology to cover the meeting. The general expectation is that individuals will make every practical attempt to be physically present and that the purpose of this policy is to allow for exceptions when the member is unable to physically attend a meeting. C. OTHER MEETING PARTICIPANTS: City staff, applicants, and other meeting participants may attend meetings remotely and are not subject to the policy or statutory limitations outlined within this policy. SECTION 2: CRITERIA/PROCEDURE A. ELIGIBLE USERS: Members of the City Council and members of any formally established Commission of the City. B. APPLICATION: Eligible users may attend and participate in any regular meeting of their respective Council or Commission in accordance with this policy. C. NOTIFICATION: Eligible Users wishing to participate via interactive technology shall notify the City Clerk or Commission Liaison, in writing, no earlier than ten (10) days, and no later than 72 hours prior to the meeting. In the event of an emergency, or unforeseen need, the City Clerk or Commission Liaison will seek approval from the Mayor or Commission Chair. The name and location of eligible members attending a meeting via electronic medium shall be posted in conjunction with, and in the same manner as, the regular agenda. D. MAXIMUM REMOTE ATTENDEES: There will be no maximum number of remote attendees so long as at least one (1) City Councilmember or member of a formally established Commission of the City is physically present. If all members request remote attendance, eligible participants for any meeting will be determined by the order in which notification was received by the City Clerk or Commission Liaison. E. ANNUAL USE: An eligible user may attend via interactive technology, an unlimited number of times peryear, contingent upon the general expectation that individuals will make every practical attempt to be physically present. F. OTHER: Remote attendance and participation at any public meeting shall be in full compliance with the Open Meeting Law (OML), Minnesota Statutes section 13D.02, subdivision 1. All members of the public showing up at a remote location must be able to see and hear all discussion and votes. All members of the body must be ableto see and hear one another, as well as the public. G. EXCEPTIONS: The requirements of this policy may be waived in the event of an emergency as defined by state statute. H. DECORUM: It is expected that all members attending remotely will conduct himself or herself in a professional manner and attend only from a meeting location that is suitable for the proper conduct of professional business. I. EXPENSES: Members attending remotelywilicoverall extraordinary costs necessary for the connection. J. TECHNOLOGY: Remote meeting attendees shall comply with all technological and security standards as established by QCTV and the City's Information Technology staff. 2 3 4 Typical Planning and Zoning Meeting Cadence revised Feb. 2023 Call to Order Pledge of Allegiance Approval of Minutes (Motion, Second, Majority Vote) Chair may assume motion and approval if Public Hearing(s) no objection and all the same 4.1. Introduction by Chair commissioners identified as present in the 4.2. Presentation by Staff minutes are in the meeting. 4.3. Questions for Staff from Commission (Clarifications) 4.4. Open the Public Hearing (Motion, Second, Majority Vote) Chair may assume motion and 4.4.1. Presentation from Applicant approval if no objection 4.4.2. Questions for Applicant from Commission Ask Staff for any public comments 4.4.3. Statements/Questions for Commission fromrtgtib�� prior to Public Hearing 4.4.4. Questions for Public from Commission 4.4.5. Recall Applicant (Repeat 4.2 thru 4.5 until all facts/opinions are obtained) 4.5. Close the Public Hearing (Motion, Second, Majority Vote) Chair may assume motion and 4.6. Discussion on topic from Commission approval if no objection 4.6.1. Questions for Staff from Commission during Discussion. 4.7. If no recommendation is requested, the hearing is completed when the Commission ends Discussion. The meeting agenda advances. 4.8. If a recommendation is requested, one of two motions are typical. 4.8.1. A motion to APPROVE is offered from a Commissioner 4.8.1.1. The motion is seconded 4.8.1.2. The motion is discussed. 4.8.1.3. A vote is called (Majority required to succeed) 4.8.1.3.1. If the motion succeeds, the hearing is over. 4.8.1.3.2. If the motion fails, return to item 4.6. 4.8.2. A motion to DENY is offered from a Commissioner 4.8.2.1. A motion to DENY must include reasons for denial that align with city code. 4.8.2.2. The motion is seconded 4.8.2.3. The motion is discussed. 4.8.2.4. A vote is called (Majority required to succeed) 4.8.2.4.1. If the motion succeeds, the hearing is over. 4.8.2.4.2. If the motion fails, return to item 4.6. 5. Other Business 5.1. Statements from Staff 5.1.1. Questions from Commission 5.2. Statements from Commission 6. Adjourn (Motion, Second, Majority Vote) Chair may assume motion and approval if no objection Note: A motion to TABLE is technically possible, but rare and not advised. It requires a date certain or specific event that will trigger advancement of the issue. Tabling may have unintended consequences jeopardizing compliance with timing requirements of MN Statutes. The preferred approach would be to Recommend Deny and City Council may elect to approve, approve with conditions, deny, or table to a stated time and/or event.