HomeMy WebLinkAbout12/14/04C I I T Y O F
D OVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US
Andover Planning and Zoning Commission
Meeting Agenda
December 14, 2004
Andover City Hall
Council Chambers
7:00 a.m.
1. Call to Order
2. Approval of Minutes —November 23, 2004
3. PUBLIC HEARING: Conditional Use Permit Amendment (04 -09) to
extend retail sales in an Industrial Zone to property located immediately north
of 13540 Hanson Boulevard NW.
4. PUBLIC HEARING: Residential Sketch Plan for proposed single family
rural development located in the southeast quarter of Section 3, Township 32,
Range 24, Anoka County, Minnesota.
5. PUBLIC HEARING: Preliminary Plat for Andover Station North located
northwest of the intersection of Hanson Boulevard and Bunker Lake
Boulevard.
6. WORK SESSION:
a. Zoning Ordinance Update
7. Other Business
8. Adjournment
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planner
SUBJECT: Item 2. Approval of Minutes - November 23, 2004
DATE: December 14, 2004
Request
The Planning and Zoning Commission is asked to approve the minutes from the
November 23, 2004 meeting.
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C I T Y O F
,ND OVER*
PLANMNGAND ZONING COMMISSIONMEETING — NOVEMBER 23, 2004
The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on November 23, 2004, 7:00 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present:
Commissioners absent:
Also present:
Chairperson Daninger, Commissioners Tim Kirchoff, Tony
Gamache, Rex Greenwald, Dean Vatne, Jonathan Jasper
and Michael Casey
There were none.
City Planner, Courtney Bednarz
Planning Intern, Chris Vrchota
Others
APPROVAL OFMINUTES.
October 26, 2004
Motion by Gamache, seconded by Vatne, to approve the minutes as presented. Motion
carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote.
PUBLIC HEARING. CONDITIONAL USE PERMIT AMENDMENT (04 -08) TO
ADD DRIVE THROUGH FOR RETAIL BUILDING LOCATED WITHIN
ANDOVER CLOCKTOWER COMMONS (CUP 03 -08) LOCATEDAT THE
NORTHEAST CORNER OFHANSONAND CROSSTOWN BOULEVARDS.
Mr. Vrchota explained the applicant is requesting to amend their Conditional Use Permit
to add a drive -thru window at the south end of the proposed retail building. The window
would provide drive -thru service for a future coffee shop.
Mr. Vrchota discussed the staff report with the Commission.
Motion by Gamache, seconded by Kirchoff, to open the public hearing at 7:02 p.m.
Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote.
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Regular Andover Planning and Zoning Commission Meeting
Minutes — November 23, 2004
Page 3
thought this should be discussed and clarified. He thought that anything to do with
easements, cha distances and anything to do with outbuildings, all need to be
discussed a little more thoroughly.
Mr. Bednarz stated they will have a public hearing for every ordinance change. He stated
he would like the Commission to identify issues that are not on the list and that the
Commission thinks should be addressed to be brought back for discussion and possible
changes.
Commissioner Greenwald stated fences and walls also need to be clarified along with
temporary signs.
Commissioner Jasper stated when he read this report he thought they should put together
a consent and discussion calendar and discuss every item any of the Commissioners
would like to discuss.
Chairperson Da er stated every change will have a public hearing, he wondered if
they will all be separate or will they be lumped together. Mr. Bednarz stated the
Commission will receive all the strike outs and changes from staff along with the original
wording for discussion and changes which will move forward to the Council for
approval.
Chairperson Daninger wondered if there was a way for the public to give input before the
public hearing. Mr. Bednarz stated a public hearing is a great place to come for
discussion and give input and staff will make information available in the office, on the
city's website and in the newsletter.
Mr. Bednarz stated they would put the table and information on the website for residents
who are interested or would be impacted by any of the ordinance changes.
Commissioner Vatne stated staff has gone through and identified eighty items, what
percent of the total code is this. Mr. Bednarz stated this is probably two percent of the
entire code book. He stated this is an attempt to update the original code.
Commissioner Vatne stated where they have in process type of applications, how would
they handle these. Mr. Bednarz stated while there may be applicants who choose to delay
their item based on the outcome of this process, the City Code is in effect until it is
amended and published and effective. What they have on the books is what the rules are
until the process works its way through.
OTHER BUSINESS.
• Mr. Bednarz updated the Planning Commission on related items.
AN L6i V 9^
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304
MAIN (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Andy Cross, Associate Planner hx
SUBJECT: PUBLIC HEARING: Conditional Use Permit Amendment (04 -09) to extend
retail sales in an Industrial Zone to property located immediately north of 13540
Hanson Boulevard NW.
DATE: December 14, 2004
INTRODUCTION
The Planning Commission is asked to review this request for an amendment to a Conditional Use
Permit issued to Chris Beberg and John Skogman in 1997, which allowed them to operate a retail
trade and service facility in an Industrial zoning district.
DISCUSSION
The Beberg Landscape Nursery currently runs a retail nursery business from their store at 13535
• Grouse Street. Though the parcel is zoned Industrial, the owners of the nursery applied for and
received a Conditional Use Permit in 1997 that permitted the retail use. Recently Berberg's
purchased land to the north of their existing store and would like to extend the Conditional Use
Permit to cover this new parcel.
As a condition of approval for this CUP amendment, Beberg Landscape Nursery will be required
to complete the commercial site plan process. At that time staff will have the opportunity to
review the site plan in detail and make comments. A preliminary site plan is attached. If the
commission has any comments, they can be incorporated into this review.
Staff Recommendation
Staff recommends a favorable recommendation for this Conditional Use Permit Amendment.
ACTION REQUESTED
The Planning Commission is asked to recommend approval of this Conditional Use Permit
request.
Respectfully submitted,
xe 4 6 r �V#
Andy Cross
Attachments
Resolution
Location Map
Applicant's Letter
Proposed Site Layout
Cc: Chris Beberg, Beberg Landscape Nursery, 13535 Grouse St NW, Andover, MN 55304
• Adopted by the City Council of the City of Andover on this _ day of December, 2004.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
Victoria Volk, City Clerk
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November 20, 2004
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City of Andover
1685 Crosstown Blvd NW
Andover, MN 5530
RECEIVED
CITY OF ANDOVER
Beberg Landscape Nursery has entered into a property purchase agreement with Kottkes Bus
Service, Inc. for the property directly North of our location, South of ABC Mini Storage, West of
Hanson Blvd and East of Grouse Street and the City of Andover owned drainage pond. This
parcel has been given legal description as follows: That part of Lot 14 of Watts Garden Acres in
Grow Township (now City of Andover) according to the plat thereof on file in the office of the
Register of Titles of Anoka County, Minnesota, lying easterly of the easterly line of Parcel 2,
CITY OF ANDOVER HIGHWAY RIGHT -OF -WAY PLAT NO. 3, according to the recorded
plat thereof, Anoka County, Minnesota, and lying easterly and northerly of the easterly and
northerly lines of Parcel 3, said CITY OF ANDOVER HIGHWAY RIGHT -OF -WAY PLAT NO.
3.
I wish to request review and amendment of our Conditional Use Permit and Commercial Site Plan
related to operations at 13535 Grouse Street NW location to now include this added property. We
request permission to extend our retail business onto the acquired property. We request re-
organization of our outdoor storage areas which will locate `visually buffering" products to our
new property lines and other products to the interior of the property.
The addition of the property will allow us to inventory more product, increase internal loading and
unloading areas for large vehicles, provide an easy traffic pattern for vehicles entering from and
exiting to Grouse Street NW, and allow for a right -in -only access from Hanson Blvd (pending
separate approval from Anoka County). These improvements will lower the traffic impact our
business has on neighboring roads and properties, will increase the safety of our internal traffic,
and will allow us to better meet the needs of our local customer base.
Additional products in our wood mulch and large tree product lines will utilize the majority of the
new space. Placement of these products has been proposed in a manner that buffers our outdoor
storage of less attractive product lines. Nearly the entire East border will benefit with storage of
large coniferous and shade trees. Nearly 500 trees will run in parallel rows to Hanson Blvd
providing a soft and pleasant appeal to passing traffic. The new property layout will flow right
into the tree storage and display gardens located on the East Side of our existing property. Bulk
product bins will be reduced in height from 6 feet tall to 2 feet tall in most places. This will
reduce the hard visual impact of this retention system.
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planner
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SUBJECT: PUBLIC HEARING: Residential Sketch Plan for proposed single family rural
development located in the southeast quarter of Section 3, Township 32, Range
24, Anoka County, Minnesota.
DATE: December 14, 2004
INTRODUCTION
The Planning Commission is asked to review a residential sketch plan for a single family rural
residential development to be known as Brook Crossing.
DISCUSSION
Conformance with Local and Regional Plans
1. The property has a Rural Residential land use designation on the Land Use Map of the
Comprehensive Plan. No amendment is necessary for the proposed rural development.
2. The property is zoned Single Family Rural Residential (R -1). No rezoning is necessary
for the proposed rural development.
3. The Transportation Plan designates the proposed street a collector street and plans for its
extension to the west. This item is discussed further below.
Access
Access can only be provided to the development from Hanson Boulevard (CSAH 78). A new
street intersection with this county road is proposed. The new street would extend approximately
1,050 feet to the west before terminating in a permanent cul -de -sac. A variance to the maximum
cul -de -sac length of 500 feet would be necessary.
A street connection to the north is also proposed to allow the street to be extended if the property
to the north develops in the future. If the street were extended to the north at its present location
there would be difficulty providing a buildable lot on the west side of the road given the location
of the floodplain boundary indicated on the plan. It is recommended that the road alignment be
moved east and the applicant illustrate potential building pad and septic locations on the west
side of the road to ensure adequate space is provided. This adjustment will cause proposed 175
Lane NW to be shifted to the south to allow Lot 2 Block 1 to maintain 2.5 acres. The street may
need to curve to allow Lot 4, Block 2 to retain sufficient build able area. A curved street would
! allow a more interesting streetscape.
The sketch plan shows two lots are shown fronting on Hanson Boulevard. As proposed these
lots would have a shared driveway access to Hanson Boulevard. The City Code does not allow
. Coordination with other Agencies
The developer and/or owner are responsible to obtain all necessary permits (Minnesota
Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed
District, Minnesota Pollution Control Agency, LGU and any other agency that may have an
interest in the site). Initial contact shall be made with the City Engineering Department regarding
this item.
Other
The developer is also required to meet the following City Ordinances and all other applicable
ordinances:
City Code Title 11, Subdivision Regulations
City Code Title 12, Zoning Regulations
City Code Title 13, Planning and Development
City Code Title 14, Flood Control
Park and Recreation Commission Comments
The Park and Recreation Commission will review the proposed sketch at their December 16,
2004 meeting.
Staff Recommendation
• As discussed above, modifications to the sketch plan are needed
ACTION REQUIRED
The Planning and Zoning Commission is asked to advise the applicant on adjustments to the
proposed project to conform to local ordinances and review criteria.
Attachments
Location Map
Sketch Plan (11x17 in packet)
Figure 11 from Transportation Plan
ACHD Comments
Respobtfillly s mitted,
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Cc: Emmerich Development Corporation, 1875 Station Parkway NW, Andover, MN 55304
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COUNTY OF ANOKA
Public Services Division
HIGHWAY DEPARTMENT
1440 BUNKER LAKE BLVD. N.W., ANDOVER, MINNESOTA 55304 -4005
(763) 862 -4200 FAX (763) 862 -4201
RECEIVED
December 7, 2004
DEC
CITY OF ANDOVER
Courtney Bednarz
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304
RE: Herds Sketch Plan
Dear Courtney:
We have reviewed the Herda Sketch Plan, located west of CSAH 78 (Hanson Blvd.) and south of 177 Ave. within
the City of Andover, and I offer the following comments:
. The CSAH 78 Right of Way corridor adjacent to this proposed development was defined under Anoka County
Right of Way Plat No. 23, and it varies from a total width of 150ft to 135ft (the 135ft area is contained to the
northerly most 91.5ft of the property). A 150ft right of way corridor will be required for this section of CSAH
78, and an additional 15ft of right of way is required along the northerly most 91.5ft of the property. The City
should consider the dedication of additional trail/path easements outside of county right of way for future use.
As proposed, this development would introduce a new local roadway (cul -de -sac) intersection with CSAH 78,
and additionally, direct access to CSAH 78 would also be necessary for two of the ten lots. We have reviewed
the Intersection Sight Distance Requirements for the proposed local roadway intersection and at the common lot
line between the two lots needing direct access. There are severe deficiencies for the Sight Corners at both
locations, and the Sight Comer obstructions are primarily trees and brush located outside of the county right of
way. It appears that all Sight Corner obstructions could be eliminated through clearing and/or grading. However,
the Case IIIC Intersection Sight Distance Requirement for access points at the common boundary between Lots 9
& 10 is significantly deficient, caused by a vertical alignment change on CSAH 78, which is considered non-
correctable. Direct access for parcels along CSAH 78 is not consistent with the current or long -range plans for
this transportation corridor. A local street access within this vicinity does appear to be consistent with the City of
Andover's 2003 Transportation plan, however, it is designated as a right turn in/right turn out local roadway
access point. With increasing traffic volumes and roadway congestion, the importance for limited and safe access
to the county highway system cannot be overstated. Limiting access is critical in minimizing highway
congestion, and is the single most important factor in reducing accidents on highways. From a county highway
perspective, it does appear that this plat can be reconfigured to provide for direct access for each of the lots to be
made via the local roadway. Consequently, no direct access points from this development will be permitted, and
the existing field entrance located within the boundaries of this plat is to be removed in conjunction with this
development and the right of way and ditch restored to the appropriate slope and grade. The City and the
Developer shall ensure that all applicable Intersection Sight Distance Requirements are satisfied to the fullest
extent possible at the new local roadway intersection with CSAH 78. Please note that no plantings or business
• signs will be permitted within the county right of way, and care must be exercised when locating
signs /plantings/berms /etc. outside of the county right of way, so as not to create any new sight obstructions.
Affirmative Action / Equal Opportunity Employer
1 CN T Y O F
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• 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planne6%
SUBJECT: PUBLIC HEARING: Preliminary Plat for Andover Station North located
northwest of the intersection of Hanson Boulevard and Bunker Lake Boulevard.
DATE: December 14, 2004
E
INTRODUCTION
Note: Revisions to the preliminary plat were still being made at the time this report was
printed. The revised preliminary plat will be distributed when it becomes available.
The Planning Commission is asked to review a preliminary plat for Andover Station North. This
plat was initiated by the City to establish marketable lots based on a concept plan for the site
(attached). Once purchase agreements have been established on each particular site, a plat,
conditional use permit or commercial site plan will be processed to finalize how each site will be
developed. A schedule for development of the site is also attached.
DISCUSSION
Conformance with Local and Regional Plans and Ordinances
The Comprehensive Plan has been amended to provide both General Business and Medium Density
Residential land use designations. The proposed plat will prepare lots to be developed under these
designations. The zoning of the property is General Business. A rezoning to Medium Density
Residential will be processed with a developer initiated residential plat.
ACCESS
The necessary right -of -way for Jay Street NW and sufficient right -of -way to provide access to the
proposed park will be provided by the proposed plat. Right -of -way for the local street loop shown
on the attached concept plan will be provided as a part of a future developer initiated plat and once
site design of the community park has been finalized.
Anoka County Highway Department
The ACHD has not provided comments for the proposed plat. The City will be working with the
County as construction plans for Jay Street NW are prepared.
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CITY OF ANDOVER
• COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R
A RESOLUTION APPROVING THE PRELIMINARY PLAT WITH PLANNED UNIT
DEVELOPMENT REVIEW OF "ANDOVER STATION NORTH" LOCATED NORTHWEST OF
THE INTERSECTTION OF HANSON BOULEVARD AND BUNKER LAKE BOULEVARD
LEGALLY DESCRIBED ON EXHIBIT A
WHEREAS, Andover Economic Development Authority (EDA) has requested approval of a
preliminary plat of Andover Station North, and;
WHEREAS, the Andover Review Committee has reviewed the preliminary plat, and;
WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has
conducted a public hearing on said plat, and;
WHEREAS, the applicant has requested a variance to City Code 11 -3 -6 B. to allow lots without
frontage on a public street, and;
WHEREAS, the Planning Commission recommends approval of the variance based on the finding
that the lots are being created to facilitate a phased project for which a master plan has been created
to illustrate how access to a public street will be provided in the future, and;
WHEREAS, as a result of such public hearing, the Planning and Commission recommended to the
City Council approval of the plat, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has
received the recommendation of the Planning Commission and approves the preliminary plat with
the following conditions:
1. Each lot shall be developed in conformance with the City Code and the Andover Station
Design Guidelines.
2. Park dedication and trail fees shall be paid by the purchaser of each lot through the land sale
or at the time the land is further subdivided.
3. Drainage and utility easements for each lot shall be established at the time that each site is
proposed for development.
4. A property owners association shall be created with the owner of each lot provided
membership. The association shall be responsible for maintenance of the outlots.
5. A variance to City Code 11 -3 -6 B. is approved to allow lots without frontage on a public
street to facilitate the phased implementation of the Andover Station North concept plan.
Adopted by the City Council of the City of Andover this cn day of , 2004.
CITY OF ANDOVER
ATTEST:
Victoria Volk, City Clerk
Michael R. Gamache, Mayor
3
All that part of the Southeast Quarter of the Northeast Quarter of Section 34, Township 32 North,
• Range 24 West, Anoka County, Minnesota, described as follows:
Commencing at the southwest comer of said Southeast Quarter of the Northeast Quarter;
thence on an assumed bearing of North 00 degrees 14 minutes 51 seconds East along the
west line of said Southeast Quarter of the Northeast Quarter, a distance of 309.76 feet;
thence South 88 degrees 18 minutes 29 seconds East, a distance of 32.01 feet to its
intersection with a line drawn parallel with and distant 32.00 feet east of said west line of
the Southeast Quarter of the Northeast Quarter and to the point of beginning of the parcel
of land to be described; thence continuing along the last described course, a distance of
319.42 feet; thence South 01 degree 41 minutes 31 seconds West, a distance of 242.00
feet; thence North 88 degrees 18 minutes 29 seconds West, a distance of 284.07 feet;
thence northwesterly a distance of 46.37 feet along a tangential curve concave to the
northeast having a radius of 30.00 feet and a central angle of 88 degrees 33 minutes 19
seconds to its intersection with said line drawn parallel with and distant 32.00 feet east of
the west line of the Southeast Quarter of the Northeast Quarter; thence North 00 degrees
14 minutes 51 seconds East tangent to said curve along said line drawn parallel with and
distant 32.00 feet east of the west line of the Southeast Quarter of the Northeast Quarter, a
distance of 212.82 feet to the point of beginning of the parcel of land described.
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• Andover Station North Tentative Schedule
(as of Sept. 28, 2004)
■ Sept. 28, 2004 -- Council orders feasibility report.
■ Sept. 28 — Oct. 19, 2004 -- Jeff Caine prepares preliminary plat for
EDA property. Staff review and changes as needed. Revisions then
made, submitted Nov. 2, 2004 for Nov. 23` Planning Commission
meeting.
■ Oct. 20 -27 2004 — Leon Opatz submits prelim. plat/grading plans
for Bruggeman Townhome development. This also will be submitted
on Nov. 2 for Nov. 23` Planning Commission.
■ Nov. 16 2004 -- Council receives feasibility report, authorizes Public
Hearing.
■ Nov. 30, 2004 -- Council holds Public Hearing, approves resolution
ordering improvements, authorizes preparation of plans and specs.
• December, and half of January -- Plans and Specs are prepared.
■ January 18, 2005 -- Plans and specs. approved and Council orders ad.
for bid.
■ February 17, 2005 -- Bid Opening
■ March 1, 2005 -- Council awards bid.
■ March 2, 2005 — Contractor moves heavy equipment on site before
load restrictions are put on roads.
■ Preconstruction Meeting the week of March 9 -13 2005.
■ Construction work begins March 15, 2005.
■ First lift of asphalt and all underground utilities are completed by
August 1, 2005 on Phase 1 of Jay Street and the first section of 139
Avenue into the townhome development (4'/2 months).
A C II T Y O F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planne*
SUBJECT: WORKSESSION Zoning Ordinance Update
DATE: December 14, 2004
INTRODUCTION
As discussed at the November 23` Planning Commission Meeting, the Commission is
asked to review the table of proposed ordinance changes and determine whether
additional discussion of each line item is necessary. Please note that some adjustments
have been made to the table since the last meeting as work continues.
DISCUSSION
This item is being distributed early to give the Commission additional time to review the
information. Please determine whether you agree that the item can be easily handled
with the approach that is suggested and check the corresponding box on the attached
table.
For each line item on the table that staff suggests is an `easy fix' there is corresponding
background information arranged by City Code section (unless the change is so obvious
as to not warrant it).
It is staff's intention to move quickly through the table at the meeting. The only
objective is to determine if additional discussion is necessary. Based on this information,
staff will break the list into feasible agendas over the next several months.
Once these discussions have been held and there is agreement on all of the changes, staff
will assemble them into one document and make any codification adjustments that are
necessary. This document will then be brought back to the Planning Commission for
final discussion and recommendation.
ACTION REQUESTED
Please review the material and complete the table by checking the box that represents
your point of view before the meeting.
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• 6 -3 -1
Background
There is no definition of "Trunk Highways" provided.
Proposed Change
A definition for "Trunk Highways" will be provided.
6 -3 -1: DEFINITIONS
TRUNK HIGHWAYS: All Interstate highways all U.S. highways, and all state
highways.
•
0
• City Code 8 -6 -1
Background
City Code 8 -6 -1 is an incomplete list of past vacations. No codified process exists for the
vacation of easements or right -of -way.
Proposed Change
Create a process for vacation of easements and right -of way to replace City Code 8 -6 -1.
Provide a reference for'record retention in this section.
VACATI OF D' •
A. _ easement along the
utility easement from a point 10 fiae4 easte4y of the neWWRst lot eeffief te a Peifft 10 fee
easterly ef the southwest lot _ • 9•
e asement —R. C_nmm Shopping Center-: The drainage and ufility
follows is hereby r _
6 0 . 00 feet, the GenteT- ef said eir-ele being
point distant 00 _
Nightingale Estates and distant 09
1, Bleek 1, Nightingale Estates Seeend Addifien�, weer-ding te the reaer-ded plat thereof
Anoka Geui4y, Minnesota. ( Ofd . 90 4 21 198
D. PaFtfidge StFeet in Th O aks:
heFebyvaeated fer- read pufposes btAAill be retained fer- ufifity purposes- An easement
the south end— of Pm tF id ge St ree t i n Th • • -
the Southwest One qHai4er of Seefien 27 32 24. (Ord. 81, 4 21 1987)
A. General Provisions:
1 Vacations of easements or right -of -wav may be granted or denied in any district by
action of the City Council.
B Criteria For Granting Vacations of Easements or Right -Of -Way:
1 In granting vacations of easements or right -of -way the City Council shall consider
the advice and recommendation of the City Engineer and the effect of the p roposed
• vacation on street drainage and utility needs.
3
City Code 8 -6 -2
Background
City Code 8 -6 -2 is an incomplete list of past street name changes. No codified process
exists for the changing street names.
Proposed Change
Create a process for street name changes to replace City Code 8 -6 -2. Provide a reference
for record retention in this section.
8 -6 -2: STREET NAME CHANGES:
A. General Provisions:
1 Street name changes may be initiated by the City Council or by p etition.
B. Procedure:
1. Notice To Adiacent Property Owners: Property owners and occupants within
three hundred fifty feet (350') of the property in question shall be notif at least
ten (10) days prior to the City Council meeting although failure of any property
owners or occupants to receive such notification shall not invalidate the
proceedings Notification shall be by mail.
2. Public Hearing: The City Council shall hold a public hearing to revie an act on
the proposed street name change.
3. Street Name Change Notification: The Building Department shall maintain a list
of parties to be notified of street name changes.
C Record Retention: Record of all street name chanties shall be kept on file in the office
of the City Clerk.
n
U
5
0 12 -2 -2
Background
This section provides definitions for words and terms used within Chapter 12. One
definition will be added and one definition will be amended.
Background
There is no definition for an "Access Drive ", which is mentioned in 12 -4 -3 -C
Proposed Change
A definition for "Access Drive" will be added.
12 -2 -2 DEFINITIONS:
ACCES DRIVE A road with a width of at least twen feet con structed of
materi that can provide all-weather driving capabilitie for em ergency vehicles.
Background
Lumberyards are included in the definition of "miscellaneous industry." Since
lumberyards inherently have exterior storage, they require a conditional use permit.
Proposed Change
Lumberyards will be stricken from the definition of "miscellaneous industry ".
12 -2 -2: DEFINITIONS:
MISCELLANEOUS INDUSTRY: Manufacturing, warehousing, and wholesaling of
food, clothing, nonalcoholic beverages, lumbeFyar-4 sign and display work, printing and
publishing, and boat and marine sales.
7
. City Code 12 -2 -2 Definition of Story
City Code 12 -2 -2 Definition of Floor Area
Background
The examples within this definition provide a formula for calculating the minimum
allowable square footage for a two story residential dwelling. The definition of floor area
provides the same formula in a more defined manner. The requirements on which the
formula is based are provided in City Code 12 -3 -4 Minimum District Provisions. There
is no link between the two and, as a result, an opportunity for errors to be made.
Proposed Change
Provide a cross reference between City Code 12 -3 -4 and the floor area definition.
Eliminate the examples from the definition of Story.
City Code 12 -2 -2 Definitions:
FLOOR AREA: In R -1 through R -4 districts for one- and two - family dwelling units,
"floor area" shall be defined as the square footage QLQ of ground coverage of the
structure, exclusive of the garage; except, that full two (2) story structures shall require
only a minimum of eighty percent (80 %) of the district requirements for "floor area" as
defined herein. For the purpose of application of this term, a "full two (2) story" shall be
defined as a structure of which the second story contains at least sixty percent (60 %) of
the minimum square footage of floor area for the applicable district.
STORY: That portion of a building between a floor and ceiling with a minimum height of
seven feet (T). A basement shall not be counted as a story in a residential structure.
R 1 D 1 D 4
o > >
,,,r di 4 + equir-emenVsqu re footage - 960 ,, o
Miniffwm sq=e feetage r-equifemeiAs "full W1 stel-j" (see definition of "floor- area")
Fi f leer- 900 iE 960 — 768 f of
Y� e
Seeend floor 600% �i 96A= -5? et
n n A. w KT TTX dT iA d TITOrrDTO DDl1 VTCTnXT 4 Z-
1G - J - �. 1Y111 \11Y1V1 ✓
R -1
R -2
R -3
R -4
" fleer-
Floor area per dwelling unit (s.f)
+ I' M !
y we s
" (
See Floor Area definition for two story homes
afea
m
footage requiremen
1- family homes
960
First Neer
1,200 — 960
960
960
x
floor-
1 ,200 - 720
sq , e f�
Seoep -60,
3i
n n A. w KT TTX dT iA d TITOrrDTO DDl1 VTCTnXT 4 Z-
1G - J - �. 1Y111 \11Y1V1 ✓
R -1
R -2
R -3
R -4
R -5
Floor area per dwelling unit (s.f)
See Floor Area definition for two story homes
1- family homes
960
1,200
960
960
960
0
A
• 12 -3 -1
Background
The opening paragraph of the Zoning Districts chapter is entitled "Narrative." This title
is ambiguous and needs to be changed.
Proposed Change
The title "Narrative" will be changed to "Purpose of Zoning Districts."
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)
u
u
l(
• 12 -3 -5
Background
This section establishes the official Zoning Map. Sequentially, it belongs between the
Purpose Statement and Minimum District Requirement sections.
Proposed Change
This section will be re- ordered to place the Zoning Map section between the Purpose
Statement and Minimum District Requirement sections.
13-3- 5 -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 ", 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 lines, unless such boundary line is otherwise indicated on the
map. In the case of unsubdivided property or in any case where street or lot lines are not
used as boundaries, the district boundary lines shall be determined by use of dimensions
or the scale appearing on the map. All of the notations, references and other information
shown thereon shall have the same force and effect as if fully set forth herein and are
made part of this title by reference and incorporated herein as fully as if set forth herein at
length. (Ord. 8MMMMMM, 7 -2 -2002; amd. 2003 Code)
X3-3- 4 -3 -5 MINIMUM DISTRICT REQUIREMENTS:
A. Lot splits may be allowed with lot sizes that cannot conform to the minimum district
provisions as follows:
1. This provision shall only apply to lot splits which result in no more than two (2) lots.
Reduced lot standards shall not be considered for plats containing more than two (2) lots.
2. Each lot within the proposed lot split shall meet at least two (2) of the following
requirements for the applicable zoning district: lot width, lot depth, lot area.
3. Each lot within the proposed lot split shall provide at least ninety percent (90 %) of the
requirement that cannot be met.
11
1 3
12- 4 -3 -C -2
Background
This section references curb cuts on thoroughfares. Thoroughfares do not exist and curb
cuts are regulated by City Code 12- 14 -10 -D, the City Engineer, and the ACRD, making
this section unnecessary.
Proposed Change
This section will be stricken.
12 -4 -3: LOT PROVISIONS:
C. Access Drive:
1. An access drive to every principal building shall be provided and constructed
according to minimum standards of the city when such building is three hundred feet
(300') or more from a thoroughfare or street.
0
i
15
• B All buildings constructed on properties that abut a street stub or temporary cul -de -sac
shall be required to be setback to accommodate the extension of a future street
through the property. The required setback shall conform to City Code 12 -3 -4 and be
measured from the edge of future right -of -way needed to satisfy the requirements of
City Code 11 -3 3 In the event there are wetlands floodplain or other obstacles to
direct street extension through the property, a feasible route for the roadway
extension shall be established prior to determining the setback required by this
section.
0
0
17
9 12 -6 -5
Background
This section deals with setback requirements for accessory buildings and structures.
There are two changes being proposed for this section.
12- 6 -5 -B -2
Background
This section refers readers to section 12 -3 -4 (Minimum District Requirements) and
requires that accessory buildings comply with all setbacks from section 12 -3 -4.
Additionally, part two contradicts part one.
Proposed Change
The reference to section 12 -3 -4 will be eliminated and the correct setbacks will be added.
12 -6 -5: LOCATION AND SETBACK REQUIREMENTS:
B. In Residential Districts:
1. Accessory buildings and structures located in residentially zoned districts shall be set
back a minimum of five feet (5') from side and rear lot lines unless an easement exists
that is more restrictive.
i 2 -1 n o f t tid
2. Accessory buildings and structures located in a yard adjacent to a County road s hall
be setback fif feet (50 99 1 from the property line in all residential districts except for
the R -4 district, where the setback shall be forty feet (40 1. 4e ide ` all,
hg! eem with a-11 seeth-a-ee-
twe-
3 Accessory b uildings and structures located in a var adjacent to a City street
shall be setback forty feet 40" from the yro line in R -1 and R 2 districts and
shall be setback thirty five feet (35 ") in R -3 an R -4 dis tricts.
12- 6 -5 -F -2
Background
This section addresses finish materials for accessory structures located in front of the
principle structure. It currently calls for the finish materials to be similar and compatible
with the principle structure. The City has applied a policy of requiring the finish
materials on accessory structures to match finish materials on the principle structure.
Proposed Change
The code will be revised, requiring finish materials on accessory structures located in
front of the principle structure to match those of the principle structure.
Iq
. 12 -6 -6
Background
This particular section has been in conflict with 12 -14 -10 C. 3,4 & 5 and staff would like
it to be consistent.
Proposed Change
Move 12 -6 -6 A. to become 12 -14 -10 C.3.C. Eliminate 12 -6 -6 and 12 -14 -10 C.S.
Actual Teat of Proposed Change
AfI y
"' IN NO 00"011111*11 o
r.
g
New Section 12 -14 -10 C.3.0 :
C. General Provisions:
3. Permitted Use Of Parking Area:
•
91
11111111�;N ZOO
g
New Section 12 -14 -10 C.3.0 :
C. General Provisions:
3. Permitted Use Of Parking Area:
•
91
0
City Code 12 -8 -2 Apartments:
Background
This section references apartment policy statements. No such document exists.
Apartments and other multiple dwelling structures are currently required to obtain
planned unit development review and approval.
Proposed Change
This section is unnecessary. It is recommended that it be removed.
0
0
�O
o
0
0
�O
City Code 12 -8 -9 In Home Beauty Salons and Barbershops:
Background
This section provides specific standards for this home occupation. This section belongs
in the chapter that regulates home occupations.
Proposed Change
It is recommended that this section be moved to City Code 12 -10 Home Occupations. A
specific section number will be assigned based on other potential adjustments to City
Code 12 -10.
12 8 9: 10 - ? ?: IN HOME BEAUTY SALONS AND BARBERSHOPS:
In home beauty salons barbershops shall be subject to the following:
A. Drawings Submitted: Drawings detailing the salon/shop shall be submitted at the time
of the request for the conditional use permit.
B. Compliance With State Requirements: The salon/shop must comply with the state
cosmetology board and the state barbers board requirements.
C. Number Of Chairs: One chair salon/barber only.
D. Hours Of Operation: The hours of operation shall be approved by the city council.
is E. Parking: Parking requirements shall be as set out in section 12 -14 -10 of this title.
F. Nonsewered Areas:
1. In nonsewered areas, the septic system must be in compliance with title 10,
chapter 4 of this code. A beauty shop/barber shop shall be considered the
equivalent to one bedroom in terms of usage under title 10, chapter 4 of this code.
2. In nonsewered areas, a minimum of thirty nine thousand (39,000) square feet of
lot size shall be required.
3. In nonsewered areas, the septic system shall be inspected annually before the
conditional use permit is renewed.
G. Annual Review: The conditional use permit shall be subject to an annual review.
H. Occupancy By Owner: The beauty shop/barber shop shall be owner occupied.
I. Termination Of Use Upon Sale Of Property: Upon sale of the premises for which the
conditional use permit is granted, such permit shall terminate. (Amended Ord. 8, 10 -21-
1970)
i
a.5
12 -9 -1 Through 12 -94
Background
The language in this section pertains to service stations, and can be moved over to the
conditional use permit section.
Proposed Change
Staff recommends that this "Service Station" information be moved to the Conditional
Use Permit Section of City Code, then strike Chapter 9 as is, because it is in the wrong
place.
a'
12 -11 -3 CHANGE OF USE — NONCONFORMING LOTS
Background
The language that regulates the alteration of nonconforming uses is confusing and open
to interpretation. Other language about nonconforming lots appears in a different section
of the code and needs to be moved into the chapter dealing with nonconforming uses and
structures.
Proposed Change
The language about expanding a nonconforming use should be revised to provide a more
precise definition of what is permitted with nonconforming uses. Language about
nonconforming lots in section 12 -4 -3 will be moved to Chapter 12 -11: "Nonconforming
Uses ". Section 12 -4 -3 will be deleted from Chapter 12 -4: "General Zoning Provisions"
12 -11 -3: CHANGE O F USE: NONCONFORMING USE:
A. When any lawful nonconforming use of any structure or land in any district has been
changed to a conforming use, it shall not thereafter be changed to any nonconforming
use.
B. A j neneeafemiing use ma be e-hanged only to a use of the same or- more
r-es tfieted elassif (Amended a Q 1 2 1 970) The structure or area
within which a nonconforming use is contained may not be extended, enla rged,
reconstructed substituted moved or structurally altered.
C. A nonconforming use shall not be expanded so as to incorporate m ore
employees generate increased amounts of product or otherwise increase in scale
or scope from its inception.
12 -11 -6: NONCONFORMING LOTS
�c�
0 City Code 12- 13 -1B. 4.
Background
This section allows private well and septic systems on urban (R -4) lots. It was created
back when the City allowed urban plats before municipal sewer and water were available.
This is no longer allowed. The section cannot be completely removed however because
there are several acreage lots that are zoned R -4 and have a private well and septic
system. These properties need to be able to replace these systems in the event they fail.
Proposed Change
Limit the application of this section to allow replacement of an existing private well and
septic system provided that municipal sewer and water are not available.
12 -13 -1: PERMITTED USES:
B. Residential Districts:
4. R -4 Single - Family Urban District:
Private sewer and water systems shall only be permitted
fiequenfly Oh—an ene system for- eaeh diiFty nine thetisand (39,000) wjuafe4eet-��
lots are established. This "I jje t-apply4e4e4s of r-eeefd at the time "s fide is adopted-
is On eaeh nem plat, the lots are to be developed in aeeer-danee vv M tb& ehaptefi� "I
b e ae ted. to replace systems on existing lots when municipal sewer and water is
not available.
0
31
12 -14-4
Background
Staff recommends that this section be reworded to require the trash enclosure match the
principal structure for non - residential uses.
Proposed Change
This is a very simple change that would cause the trash enclosures to match the principal
building and would blend in better.
12 -144: REFUSE IN ALL DISTRICTS:
A. Interpretation: All exterior storage not included as a permitted accessory use, a
permitted use, or included as part of a conditional use permit, or otherwise permitted
by provisions of this title shall be considered as refuse.
B. Storage Of Refuse: All waste material, debris, refuse, or garbage shall be kept in an
enclosed building or properly contained in a closed container designed for such
purposes and that is built of materials that match the principal structure and has
an opaque gate made of wood or metal (metal chain link with slats is not
acceptable).
C. Vacant Land: The owner of vacant land shall be responsible for keeping such land free
of refuse and weeds.
D. Existing Uses To Comply: Existing uses shall comply with this provision within six
(6) months following enactment of this title. (Amended Ord. 8, 10 -21 -1970; amd.
2003 Code).
U
33
• 12 -14 -9 OFF -SITE SIGNAGE
Background
The Code does not contain any language prohibiting off -site signs. This leaves the
opportunity for businesses to place their signs on properties other than their own. Many
cities regulate this by allowing signage only on the business premises.
Proposed Change
12 -14 -9: SIGNS
D. Minimum Sign Standards:
3. Size And Placement Standards:
a. All illuminated signs located within fifty feet (50') of a residential district lot
line shall be diffused or indirect so as not to reflect direct rays of light into
adjacent residences.
..........
f. All comer and through lots shall be considered as having two (2) front lot lines
for application of regulations pertaining to signs.
g No sign shall identify or direct attention to a business, activity, or
enterprise that is not located on the same premises as the sign. Off - premises
signs except governmental signs and election signs, are prohibited in the City
of Andover.
35
G. Signs Allowed By Conditional Use Permit:
12 -13 -3: CONDITIONAL USES:
0 .......................
F. All Districts:
Antennas in excess of thirty five feet (35') in height.
signs Area idei4ifieatien r r
Blacktop or crushing plant for highway materials.
Commercial animal training.
0
37
12 -14 -19
Background
This section establishes standards for drive -in businesses. The general requirements are
covered in other sections and drive - through windows are controlled by the Conditional
Use Permit process. This section is no longer needed.
Proposed Change
This section will be stricken from the code.
,
•
.3�i
0 City Code 12 -14 -21 E. Animal Shelters
Background
This section provides setback requirements for accessory buildings that house animals. It
is presently buried under Other Nuisance Characteristics where it is difficult to find.
Proposed Change
It is recommended that this section be moved to City Code 12 -6 Accessory Buildings and
Structures and City Code 12 -5 Setback Requirements. A specific section number will be
assigned based on other potential adjustments to City Code 12 -6.
12- 14 -21: Other Nuisance Characteristics:
E. -6 - ?? Animals: Any building in which farm animals or pleasure /recreational animals
are kept shall be a distance of one hundred feet (100') or more from any other occupied
residence, and any open or roofed enclosure in which such animals are kept shall be a
distance of fifty feet (50') or more from any occupied residential lot 130 The city council
may order the owner of any such animals to apply for a conditional use permit if it is
deemed to be in the interest of the public health, safety, or general welfare. (Amended
Ord. 8, 10 -21 -1970; amd. 2003 Code)
1 * 12 -5 Setback Requirements:
5 Animals: Any building in which farm animals or pleasure /recreational animals are
ke pt shall be a distance of one hundred feet (100') or more from any other occupied
resi dence and any open or roofed enclosure in which such animals a ke s hall be a
distance o f fifty feet (50') or more from any occupied residential lot 130 The city council
may order the owner of any such animals to apply for a conditional use permit if it is
d eemed to be in the interest of the public health, safety, or general welfare. (Amended
Ord 8 10 -21 -1970• amd. 2003 Code)
It should also be noted that similar setback requirements exist in the equine
ordinance (City Code 5 -113-7) However, this section deals specifically with equines
and no other farm animals. Therefore it is appropriate to leave that section as is
and make the changes discussed above.
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D. Application: A completed commercial site plan application and fee as
established in City Code 1 -7 -3 shall be submitted to the Community Development
Department.
E. Required Materials: The application and fee shall be accompanied by the
required application materials as specified on the commercial site plan
application.
F. Completeness Determination: The Community Development Department shall
review the application and materials for completeness. If the application is
incomplete, staff will issue a letter detailing the deficiencies of the submittal. No
further action will be taken until the submittal is complete.
G. Review: Complete applications shall be reviewed by the Andover Review
Committee (ARC) for compliance with applicable regulations. ARC shall provide
review comments to the applicant within two weeks of receipt of a complete
application.
H. Revision: The applicant shall make all necessary revisions to comply with the
review comments of ARC and all applicable regulations. The applicant shall then
resubmit the commercial site plan to the City. The applicant shall also be
required to respond in writing to each review comment to describe how the
. comment was addressed on the commercial site plan.
I. Continuation to Compliance: the review and revision process described above
shall continue until ARC finds the commercial site plan in compliance with all
applicable regulations and all other approvals have been granted.
J. Approval : Once the proposal has been found to be in compliance with ARC
comments, applicable regulations and all other required approvals have been
granted, the applicant shall provide two complete full size and two complete half
size plan sets to the City to be signed. A signed plan set shall be returned to the
applicant. A signed plan set shall be retained by the City. No building permit
shall be issued prior to approval of the commercial site plan.
K. Appeal: Any person aggrieved by a decision of ARC shall be entitled to appeal
to the City Council within thirty (30) days of the decision by filing a notice of
appeal. The Community Development Department shall schedule a date for
hearing before the City Council and notify the aggrieved person of the date. The
decision of ARC shall not be voided by the filing of such appeal. Only after the
City Council has held its hearing will the decision of ARC be affected.
L. Revisions and Amendments: Administrative approval of minor changes to an
approved commercial site plan may be authorized by the Community
Development Department upon review and approval by ARC. Proposed changes
that involve expansion in the use of the property or other substantial modifications
4��
• 12- 15 -5 -A
Background
As written, the code indicates that "any person" may initiate a rezoning. This should be
limited to property owners.
Proposed Change
The term "any person" will be replaced with "property owner or designee."
12 -15 -5: REZONING:
A. Procedure: The procedure for changing zoning district boundaries (rezoning) shall be
as follows:
1. Initiation Of Rezoning: The planning and zoning commission, the city council, any
peFsen or a property owner or designee may initiate a rezoning. Persons wishing to
initiate a rezoning of property shall fill out a rezoning request form. The rezoning
form shall be accompanied by a fee as set forth by ordinance 134 to be used for the
costs of processing the application. The rezoning form shall be filed with the
community development director. An additional fee as set by council ordinance may
be required for each meeting in excess of two (2) which is necessary because of
incomplete information or changes in the application. (Amended Ord. 8, 10 -21 -1970;
amd. 2003 Code)
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! 12 -15 -9
Background
This section's list of actions requiring fees does not include Zoning Text Amendments,
Vacation of Easements, or Commercial Site Plans. All of these items currently appear or
are proposed to be added to the City's Fee Schedule.
Proposed Change
Add the items above to the list of applications requiring fees.
12 -15 -9: APPLICATION FEES:
Application fees for rezoning, conditional use permits, variances, zoning text
amendments vacation of easements commercial site pl ans, and appeals, as set out in
subsections 12- 15 -5A1, 12- 15 -6C1 and 12- 15 -7B1 of this chapter, may be changed from
time to time as set forth by ordinance -L38- . ( Amended Ord. 8, 10 -21 -1970; amd. 2003
Code)
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