HomeMy WebLinkAboutOrd. 334 - Zoning District Map Amendment
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE 334
AMENDING CITY CODE TITLE 12-3-4 ZONING DISTRlCT MAP TO CHANGE
THE ZONING DESIGNATION FROM SINGLE F AMlL Y RURAL RESIDENTIAL (R-
1), SINGLE FAMILY URBAN RESIDENTIAL (R-4) AND GENERAL BUSINESS
(GB) TO CLOSED LANDFILL RESTRlCTED (CLR)
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
City Code 12-3-4, The Zoning District Map ofthe City of Andover is hereby amended as
follows:
Rezone land from Single Family Rural Residential (R-1), Single Family Urban
Residential (R-4) And General Business (GB) to Closed Landfill Restricted
(CLR) legally described as:
PARCEL A
(P.J.D. # 27-32-24-31-0007)
All that part of the Northeast Quarter of the Southwest Quarter of Section 27 Township32 Range
24 Anoka County, Minnesota, described as follows:
Commencing at the northeast comer of said Northeast Quarter of the Southwest Quarter, thence
westerly along the north line thereof for 58.6 feet to the centerline of County State Aid Highway
No. 18, thence South 32 degrees 55 minutes West for 550.17 feet along said center line, thence
South 44 degrees 11 minutes West for 342.85 feet along said center line, thence South 45
degrees 26 minutes East for. 872.00 feet to the southeast comer of said Northeast Quarter of
Southwest Quarter, thence north along the East line of said Northeast Quarter of the Southwest
Quarter to the point of commencement.
Subject to an easement to R.E.A and other easements of record, if any.
Subject to the rights-of-way ofC.S.A.H. No. 16 and C.SAH No. 18.
PARCEL B
(P.J.D. # 27-32-24-42-0001)
All that part of the Northwest Quarter of Southeast Quarter of Section 27 Township 32 Range
24, Anoka County, Minnesota, lying south ofthe center line of Coon Creek.
PARCEL C
(P.J.D. # 27-32-24-41-0122)
That part of Lot 29, Block 1, NATURES RUN C.I.C. NO. 96, Anoka County, Minnesota,
described as:
Beginning at the Southwest comer of said Lot 29, said comer being also the southwest comer of
the Northeast Quarter of the Southeast Quarter of said Section 27, Township 32, Range 24;
thence along an assumed bearing of North 00 degrees 07 minutes 18 seconds West along the
most westerly line of said Lot 29 a distance of 688.72 feet; thence South 79 degrees 45 minutes
most westerly line of said Lot 29 a distance of 688.72 feet; thence South 79 degrees 45 minutes
19 seconds East a distance of 40.89 feet; thence South 60 degrees 04 minutes 12 seconds East a
distance of 43.45 feet; thence South 43 degrees 56 minutes 49 seconds East a distance or 45.73
feet; thence South 39 degrees 44.minutes 38 seconds East a distance of 88.10 feet; thence South
40 degrees 48 minutes 57 seconds East a distance of 91.31 feet; thence South 43 degrees 00
minutes 57 seconds East a distance of36.65 feet; thence South 29 degrees 03 minutes 59 seconds
East a distance of 49.60 feet; thence South 39 degrees 08 minutes 25 seconds East a distance of
60.74 feet; thence South 53 degrees 25 minutes 00 seconds East a distance of 37.89 feet; thence
South 47 degrees 52 minutes 34 seconds East a distance of 42.64 feet; thence South 41 degrees
09 minutes 22 seconds East a distance of 51.36 feet; thence South 35 degrees 56 minutes 48
seconds East a distance of 40.54 feet; thence South 27 degrees 39 minutes 19 seconds East a
distance of 35.77 feet; thence South 40 degrees 14 minutes 42 seconds East a distance of 54.12
feet; thence South 47 degrees 16 minutes 27 seconds East a distance of 32.39 feet; thence South
37 degrees 37 minutes 40 seconds East a distance of 59.79 feet; thence South 34 degrees 27
minutes 40 seconds East a distance of 43 .18 feet; thence South 31 degrees 05 minutes 02 seconds
East a distance of 54.84 feet; thence South 48 degrees 22 minutes 53 seconds East a distance of
53.40 feet to the most southerly line of said Lot 29; thence North 89 degrees 04 minutes 22
seconds West along the most southerly line of said Lot 29 a distance of 635.88 feet to the Point
of Beginning.
(As described in Quit Claim Deed filed as Anoka County Doc. No. 1649743)
PARCEL D
(P.ID. # 27-32-24-44-0001)
The Southeast Quarter of Southeast Quarter Section 27 Township 32 Range 24, Anoka County,
Minnesota.
Subject to the right-of-way of County Road No. 78.
PARCEL E
(P.ID. # 34-32-24-11-0002)
All that part of the Northeast Quarter of Northeast Quarter of Section 34 Township 32 Range 24,
Anoka County, Minnesota, described as follows:
Beginning at northeast comer of the Northeast Quarter of Northeast Quarter, thence North 89
degrees 08 minutes 39 seconds West along north line of said Northeast Quarter of Northeast
Quarter 1316.94 feet to the northwest comer of said Northeast Quarter of Northeast Quarter,
thence South 0 degrees 18 minutes 44 seconds West along west line of said Northeast Quarter of
Northeast Quarter, 15 feet, thence South 89 degrees 08 minutes 39 Seconds east 180.52 feet,
thence South 75 degrees 30 minutes 33 seconds East 190.89 feet, thence South 89 degrees 08
minutes 39 seconds East 474.80 feet, thence North 67 degrees 05 minutes 08 seconds East
111.64 feet, thence South 89 degrees 08 minutes 39 seconds East 373.94 feet more or less to a
point on east line of said Northeast Quarter of Northeast Quarter, thence North 0 degrees 15
minutes 45 seconds East along said east line 15 feet to the point of beginning, except road,
subject to easement of record.
PARCEL F
(P.ID. # 34-32-24-12-0002)
All that part of the Northwest Quarter of Northeast Quarter of Section 34 Township 32 Range
24, Anoka County, Minnesota, described as follows:
Beginning at northeast comer of said Northwest Quarter of Northeast Quarter, thence North 89
degrees 08 minutes 39 seconds West along north line of said Northwest Quarter of Northeast
Quarter, 1078.71 feet, thence South 68 degrees 56 minutes 31 seconds East 402.99 feet, thence
South 81 degrees 03 minutes 01 seconds East 109.56 feet, thence North 70 degrees 32 minutes
11 seconds East 198.91 feet, thence North 80 degrees 59 minutes 38 seconds East 411.73 feet
more or less to a point on the east line of said Northwest Quarter of Northeast Quarter, 15 feet
southerly of the point of beginning, thence North 0 degrees 18 minutes 44 seconds East along
said east line 15 feet to the point of beginning, subject to easement of record.
PARCEL G
(P.LD. # 27-32-24-43-0001)
The Southwest Quarter of Southeast Quarter of Section 27 Township 32 Range 24, Anoka
County, Minnesota.
PARCEL H
(P.LD. # 27-32-24-34-0038)
Outlot A, Kensington Estates 4th Addition, according to the recorded plat thereof, Anoka County,
Minnesota.
PARCELl
(Part of P.LD. # 27-32-24-34-0003)
All that part of the southerly 500.00 feet of the easterly 500.00 feet of the Southeast Quarter of
the Southwest Quarter of Section 27, Township 32, Range 24, Anoka County, Minnesota,
described as follows: Beginning at the northeast comer of said southerly 500.00 feet of the
easterly 500.00 feet, said northeast comer also being the southeast comer of OUTLOT A,
KENSINGTON ESTATES 4TH ADDITION, according to the recorded plat thereof; thence on
an assumed bearing of North 89 degrees 06 minutes 16 seconds West along the northerly line of
said southerly 500.feet of the easterly 500.00 feet and the southerly line of said OUTLOT A for
87.07 feet to the southwest comer of said OUTLOT A; thence South 15 degrees 15 minutes 57
seconds East for 331.50 feet to the easterly line of said Southeast Quarter of the Southwest
Quarter; thence North 00 degrees 02 minutes 26 seconds West along said easterly line for
318.44 feet to the point of beginning.
The rezoning is based on the fact that the original zoning was in error. The deed restrictions of
the closed landfill site prohibit nearly all of the uses permitted in the R-l, Single Family Rural
Residential, R-4 Single Family Urban Residential and GB, General Business Zoning Districts. It
is appropriate to rezone the property to CLR, Closed Landfill Restricted, to clearly represent the
limited uses of this property.
All other sections of the Zoning Ordinance shall remain as written and adopted by the
City Council of the City of Andover.
Adopted by the City Council of the City of Andover on this 19th day of September, 2006.
CITY OF ANDOVER
ATTEST:
jJ~ a~
Victoria V olk, City Clerk
1. Permitted Uses
Uses allowed in this district include outdoor equipment or small buildings
used in concert with gas extraction systems (Le. gas to energy system),
other response action systems, monitoring wells, or any other equipment
designed to protect, monitor or otherwise ensure the integrity of the landfill
monitoring or improvement systems. Fences and gates shall be allowed
under these provisions.
2. Accessory Uses
Accessory uses shall be limited to installation, operation and maintenance
of equipment to support permitted uses.
3. Conditional Uses
Conditional uses shall be limited to passive uses to protect the integrity of
the landfill area and to protect any person from hazards associated with
the landfill. The landfill shall be planted in cover crops and shall be
maintained by the MPCA.
Any proposed conditional use must be approved by the Commissioner of
the Minnesota Pollution Control Agency (MPCA) and the City of Andover.
Such approved use shall not disturb or threaten to disturb, the integrity of
the landfill cover, liners, any other components of any containment
system, or the function of any monitoring system that exists upon the
described property.
4. Prohibited Uses and Structures
All other uses and structures not specifically allowed as conditional uses,
or that cannot be considered as accessory uses, shall be prohibited in the
CLR District.
5. General Regulations
Requirements for parking, signs, area, and other regulations are set forth
in Title 12 of the City Code. (AMENDED ORD. 333, 9-19-06)
12-3-4: ZONING DISTRICT MAP:
The boundaries of the districts as established by this title are as shown on the
map published herewith and made a part of this title which map is designated as
the "zoning district map", as amended from time to time, which map is properly
approved and filed with the Zoning Administrator. The district boundary lines on
said map are intended to follow street right-of-way lines, street centerlines; or lot
ZONING DISTRICT: An area or areas within the limits of the City of
Andover for which the regulations and requirements
governing use are uniform. (Amended Ord. 8, 10-21-
1970; amd. Ord. 8000000, 8-5-2002; Ord.
8PPPPPP, 8-20-2002; 2003 Code; Ord. 293, 7-6-
2004; Ord. 294, 7-6-2004; Ord. 298, 8-4-2004)
needs. Locations for Neighborhood Business districts are typically small
plots in close proximity to or surrounded by residential areas. NB zoning
districts do not require frontage on an arterial roadway and can be served
by local and collector streets. However, this district shall not be served
exclusively by local streets. This district's location shall provide sufficient
space for buffering from less intense uses. (Amended Ord. 314 10-4-
2005)
K. SC Shopping Center District: This zoning classification is reserved for
modern retail shopping facilities of integrated design in appropriate
locations. Locations for the SC district are larger plots that can
accommodate more intensive retail development. Access shall be
available from arterial roadways. This district's location shall provide
sufficient space for buffering from less intense uses. (Amended Ord. 314
1 0-4-2005)
L. GB General Business District: These are areas containing a wide
variety of business uses including retail, service and semi-industrial. As
such, they may contain businesses that tend to serve other business
and industry as well as those catering to shopper needs.
M. I Industrial District: These are areas that have the prerequisites for
industrial development, but because of proximity to residential areas or the
need to protect certain areas or uses from adverse influences, high
development standards will be necessary. I district uses include service
industries and industries which manufacture, fabricate, assemble or store,
where the process is not likely to create offensive noise, vibrations, dust,
heat, smoke, odor, glare or other objectionable influences. Generally,
those include wholesale, service and light industries that are dependent
upon raw materials refined elsewhere. An industrial "park" which
maintains high development standards would be zoned I. This district's
location shall provide sufficient space for buffering from less intense uses.
(Amended Ord. 8,10-21-1970, Ord. 314 10-4-2005)
N. CLR Closed Landfill Restricted: This district is intended to apply to former
landfills and adjacent lands which are managed under the Closed Landfill
Program of the Minnesota Pollution Control Agency (MPCA). The
purpose of the district is to limit uses of land both actively filled and related
lands, to minimal uses in order to protect the land from human activity
where response action systems are in place. This district shall only apply
to the former landfill and pertinent adjacent lands (the limits of which are
defined by the MPCA). This district shall apply whether the landfill is in
public (State, MPCA, County, City, Township), Indian tribal, or private
ownership. (AMENDED ORD. 333, 9-19-06)
security agreement, and the city shall proceed to complete the.
improvements and collect the costs thereof from the security.
4. If proof of other security is provided by the general contractor or home
builder, the above security will not be required.
C. Definition: For the purposes of this section, the term "boulevard" shall
mean the area of a public right-of-way extending from the back of the
curb, or the edge of a roadway where no curb is installed, to the right-of-
way limit. (Amended Ord. 205, 3-4-1997; amd. 2003 Code)
9-1-6: CONSTRUCTION NEAR WOE SITE:
A. No Construction Within Two Hundred Feet Of Site: No enclosed structure,
except those permitted in the Closed Landfill Restricted Zoning District,
shall be built within two hundred feet (200') of the limit of refuse disposal at
the WDE qualified facility as depicted as Line E in Exhibit A attached to
Ordinance 205 on file in the office of the City Clerk for public use and
inspection (Exhibit A is a drawing of the WDE qualified facility), nor within
the qualified landfill facility for any property north of Coon Creek.
(AMENDED ORD. 335, 9-19-06)
B. Construction Within Two Hundred To Five Hundred Feet Of Site:
1. Prior To Construction; Soil Gas Monitoring Probe Required:
a. For any enclosed structure to be erected within two hundred feet (200')
to five hundred feet (500') of the limit of refuse disposal at the WDE
qualified facility as depicted in Exhibit A attached to Ordinance 205 on file
in the office of the City Clerk for public use and inspection, excluding
property north of Coon Creek (the line 500 feet distant from the limit of
refuse disposal is depicted as Line F), the property owner shall, prior to
construction of the structure, install a soil gas monitoring probe located
between the structure and the limit of refuse disposal at the WDE qualified
facility. The soil gas-monitoring probe shall be of a design approved by the
Commissioner of the Minnesota Pollution Control Agency
("Commissioner") and shall be installed in a location approved by the
Commissioner. The soil gas-monitoring probe shall be installed by a water
well contractor licensed in the State of Minnesota. Installation of a soil
gas- monitoring probe pursuant to this Subsection B1a shall not be
required if the Commissioner, in his/her sole discretion, determines that an
existing soil gas-monitoring probe located in between the proposed
enclosed structure and the limit of refuse disposal at the WDE qualified
facility provided adequate monitoring.
b. The property owner and his/her successors and assigns shall grant the
CHAPTER 3
ZONING DISTRICTS AND MAP
SECTION:
12-3-1 : Purpose Of Zoning Districts
12-3-2: Zoning Districts Established
12-3-3: Purpose Of Each District
12-3-4: Zoning District Map
12-3-5: Minimum District Provisions
12-3-1 : PURPOSE OF ZONING DISTRICTS: The zoning districts are so
designated as to assist in carrying out the intent and purposes of the
Comprehensive Plan and to control residential densities in such manner as to
adequately provide public services and utilities. The zoning districts are based
upon the Comprehensive Plan which has the purpose of protecting the public
health, safety, convenience and general welfare by controlling the needs for
public utilities, protecting against traffic congestion and accident hazards,
protecting the public health from adverse influences generated by nonresidential
uses, protecting against the danger of fire, conflagration, and other purposes of a
similar nature. (Amended Ord. 8,10-21-1970, (Amended Ord. 314 10-4-2005)
12-3-2: ZONING DISTRICTS ESTABLISHED: For the purpose of this title,
the city is hereby divided tnto the following zoning districts:
Svmbol Name
R-1 Single Family Rural Residential
R-2 Single Family Residential Estate
R-3 Single Family Suburban Residential
R-4 Single Family Urban Residential
R-5 Manufactured Housing
M-1 Multiple Dwelling Medium Density
M-2 Multiple Dwelling
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 334A SUMMARY
AN ORDINANCE AMENDING CITY CODE TITLE 12-3-5 ZONING DISTRICT MAP TO
CHANGE THE ZONING DESIGNATION FROM SINGLE FAMILY RURAL RESIDENTIAL
(R-1), SINGLE FAMILY URBAN RESIDENTIAL (R-4), AND GENERAL BUSINESS
(GB) TO CLOSED LANDFILL RESTRICTED (CLR) FOR PROPERTY WITHIN THE WDE
CLOSED LANDFILL
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance is adopted pursuant to the authorization and policies contained in Minnesota
Statute 462.
Policy
The purpose of this ordinance is to apply the Closed Landfill Restricted Zoning District to
property within the WDE Closed Landfill site within the City of Andover to adequately
addresses the land use restrictions of this site.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the WDE Closed Landfill within the City of
Andover.
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of
this ordinance.
Interpretation
Interpretation of the provisions 'of this ordinance shall be held to be the minimum requirements
and shall be liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of
the City Clerk.
Adopted by the City Council of the City of Andover on this 19th day of September, 2006.
AT~ST: , CITY OF ~
~().4 ~~ ~
Victoria V olk, City Clerk chael R. Gamache, Mayor