Loading...
HomeMy WebLinkAbout01/11/05C I T Y O F N 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Meeting Agenda January 11, 2005 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — December 14, 2004. 3. PUBLIC HEARING: Conditional Use Permit (05 -01) for drive through for TCF Bank at Lot 1, Block 1, Andover Marketplace 2 nd Addition. 4. PUBLIC HEARING: Conditional Use Permit (05 -03) to amend Planned Unit Development Approval of Grey Oaks to add permitted uses to Lot 1, Block 2. 5. PUBLIC HEARING: Lot Split (04 -05) to create two rural residential lots from property located at 3415 163� Lane NW. 6. WORK SESSION: a. Zoning Ordinance Update i. City Code 6 -4 -4 Snowmobiles and All Terrain Vehicles; Operation on Public Property ii. City Code 12 -2 Definitions; Miscellaneous Industry iii. City Code 12 -4 -3 A. General Zoning Provisions; Buildable Lot 7. Other Business 8. Adjournment 0 0 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW. CLAN DOVER. MN. US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - December 14, 2004 DATE: January 11, 2005 Request The Planning and Zoning Commission is asked to approve the minutes from the December 14, 2004 meeting. 0 IMITI II- a • 0 PLANNING AND ZONING COMMISSION MEETING —DECEMBER 14, 2004 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Da on December 14, 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, Rex Greenwald and Michael Casey. Commissioners Tony Gamache, Dean Vatne and Jonathan Jasper. City Planner, Courtney Bednarz Associate Planner, Andy Cross Others APPROVAL OF MINUTES. November 23, 2004 Motion by Kirchoff, seconded by Casey, to approve the minutes as presented. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent ( Gamache, Vatne, Jasper) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT (04 -09) TO EXTEND RETAIL SALES EVAN INDUSTRIAL ZONE TO PROPER TY LOCA TED IMMEDIA TEL Y NOR TH OF 13540 HANSONBOULEVARD NW. Mr. Cross explained the Planning Commissioner 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. Mr. Cross discussed the staff report with the Commission. Chairperson Daninger stated when they first saw this there was talk about future development along Hanson Boulevard and when it would be developed, did this have any • Regular Andover Planning and Zoning Commission Meeting Minutes — December 14, 2004 Page 3 • Mr. Cross stated that this item would be before the Council at the December 21, 2004 City Council meeting. PUBLIC HEARING: RESIDENTL4L SKETCH PLAN FOR PROPOSED SINGLE FAMILYRURAL DEVELOPMENT LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 32, RANGE 24, ANO&4 COUNTY, MINNESOTA. Mr. Bednarz explained the Planning Commission is asked to review a residential sketch plan for a single family rural residential development to be known as Brook Crossing. Mr. Bednarz discussed the staff report with the Commission. Commissioner Kirchoff noted there is a cul -de -sac because there is a creek. Could they put a bridge over the creek, does the land have any value or use beyond the development. Mr. Bednarz stated there would not necessarily need to be a bridge to cross the creek to the west, there could possibly be a culvert that would allow the connection to occur. It is the recommendation of the Engineering Department that the collector route is not necessary based on the three items in the staff report. Commissioner Greenwald stated one of the reasons 175 was at one time a future extension was because it was in the potential rural reserve area. When did this occur? • Mr. Bednarz stated it was towards the end of 2001. The City identified two approximately one thousand acre areas for the rural reserve study and it ended up not including the area north of County Road 20 with an exception of about eighty eight acres to the south. Chairperson Daninger asked if they have seen alternative sketch plan for this. Mr. Bednarz stated they have. Commissioner Kirchoff asked if this was one parcel. Mr. Bednarz stated it was. Commissioner Kirchoff thought everyone had a right to access the property. Mr. Bednarz stated the County will request the right of access be dedicated with no additional driveways allowed. Commissioner Greenwald stated the difficulty and expense to connect this was the reason not to do this. Mr. Bednarz stated this would be at the bottom of the list of reasons not to do this. Commissioner Greenwald wondered if the rest of the land to the west might want to be developed because there is not a ghost plat to review. Motion by Greenwald, seconded by Casey, to open the public hearing at 7:30 p.m. • Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Gamache, Vatne, Jasper) vote. Regular Andover Planning and Zoning Commission Meeting Minutes — December 14, 2004 Page 5 • Mr. Quigley stated in regards to the ghost plat, the road was configured in proportion to the sensitivity of the owner. Mr. Bednarz stated in consultation with the owner, he requested the road where it is shown. It is not necessarily the responsibility of the developer to ghost plat if they can show adequate access to their development. Mr. Bednarz stated there are different issues regarding urban and rural development. Mr. Bednarz stated regarding the ghost plat issue, they do require some demonstration that there is a feasible way to extend streets and allow a feasible lotting layout under the regulations to be achieved, what they do not have are a grading plan, soil borings or a lot of detailed information about properties that are not involved in the plat so it is not possible to go to that level of detail other than to assure that base of information is taken into account. Motion by Greenwald, seconded by Kirchoff, to close the public hearing at 7:51 p.m. Motion carried on a 4 -ayes, 0 -nays, 0- present, 3- absent (Gamache, Vatne, Jasper) vote. .Commissioner Greenwald stated it was about six months ago when they looked over the transportation plan and he wondered if this was one of those items they were potentially not going to connect, 177''. He stated when they look at a development regarding ghost plats, all he ever thinks about is that when a developer brings in a potential residential • sketch, that they are not land locking and that there is some consideration for the connection property. He never thought of this as a requirement but it is nice to see how the properties will go together in the future. Commissioner Greenwald asked if changing the transportation plan was something that needed to be done. Mr. Bednarz stated regarding the transportation plan, they addressed a couple of months ago a very specific item in the transportation plan concerning collector streets. When that reached the Council, through their discussion, they identified some other items as well as their desire to have a general discussion about the transportation plan in general and a number of changes that could be made to it. Commissioner Kirchoff thought that every time they have a sketch plan, they like to see how everything will connect. He was satisfied with the sketch of adjacent property. Urban areas are harder to show this. They have a lot of issues of people having drive ways on roads that have an ADT of fifty and a future ADT being greater. He stated he cannot see putting any more driveways on Hanson Boulevard. Commissioner Greenwald concurred. Chairperson Daninger thought the only concern the Commission saw was the access off Hanson Boulevard. Mr. Bednarz stated that this item would be before the Council at the January 4, 2005 City • Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes — December 14, 2004 Page 7 • Commissioner Greenwald stated he would like to discuss parking lot requirements and the long cul -de -sac issues. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Commissioner Kirchoff asked if the City sends the Planning Commission to the APA. Mr. Bednarz stated they do not, just the MN Chapter. Commissioner Greenwald wondered how the bowling alley was coming along. Mr. Bednarz stated the developer was in yesterday and this is going to be developed. Mr. Bednarz stated this will be the last Planning Commission meeting of the year. The December 28, 2004 meeting has been cancelled. Chairperson Daninger thanked Commissioner Gamache, even though he was not at the meeting, for all of his work on the Commission and wished him the best. ADJOURNMENT. • Motion by Greenwald, seconded by Kirchoff, to adjourn the meeting at 8:25 p.m. Motion carried on a 4 ayes, 0 nays, 0 present, 3 absent ( Gamache, Jasper, Vatne) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. • 0 %'�NDOVEA a 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 Plann4 SUBJECT: PUBLIC HEARING: Conditional Use Permit (05 -01) for drive through for TCF Bank at Lot 1, Block 1 Andover Marketplace 2 Addition. DATE: January 11, 2005 INTRODUCTION Drive throughs are conditional uses in the General Business Zoning District. Review of these permits is intended to ensure adequate stacking for vehicles and to ensure the noise and lighting associated with this type of use will not adversely affect surrounding properties. DISCUSSION The proposed bank and drive through will be surrounded by commercial businesses and an existing residential neighborhood across Bunker Lake Boulevard to the north. Evergreen trees will be added between the drive through and Bunker Lake Boulevard to help shield headlights from the residential properties to the north. Sufficient stacking is provided for a large number of vehicles that can be dispersed among the five drive through lanes as shown on the attached site plan. The photometric plan provided by the applicant indicates that lighting will be less than the maximum light allowed at residential property lines (0.4 foot candles). All lights will be required to be shielded and directed downward. The proposed project will be required to complete the commercial site plan review process as indicated in the attached resolution. ACTION REQUESTED The Planning Commission is asked to recommend approval of the proposed conditional use permit subject to the conditions of the attached resolution. Attachments Resolution Location Map Site Plan Q Cc: Michael Kraft, HTG Architects 9300 Hennepin Town Road Minneapolis, MN 55347 Conditional Use Permit TCF Drive Through NNN w S ANL66W Project Location Map Layout Name: LOCATION MAP LAYOUT Project Location: H:\ GISDATA \PLANNING\PROJECTS \NEWCASES.APR Date Printed: 01/0312005 - 11:23:42 AM i 0 z 0 0 W 0 a CC LL F- � W I •e m W D O [.C.f 0 > Z LL! Q U LL Lij cr- U I •e 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: Chris Vrchota, Planning Intern A SUBJECT: Conditional Use Permit (05 -03) to amend Planned Unit Development Approval of Grey Oaks to add permitted uses to Lot 1, Block 2. DATE: January 11, 2005 INTRODUCTION The applicant is requesting a Conditional Use Permit to amend the Planned Unit Development (PUD) Approval for Grey Oaks for Lot 1, Block 2. DISCUSSION The PUD for Grey Oaks allows a daycare center as a commercial use on this site. The applicant operates a dance studio, which would be relocated to this location if the proposed amendment were approved. The dance studio would use approximately one half of the proposed building. The applicant is requesting that the PUD be amended to include office and retail trade and services as permitted uses on the site, with the following uses being excluded: retail tobacco store; new or used car sales; service station/repair garage; adult use businesses; car wash/self- service vehicle wash; recreational vehicle, boat, and marine equipment sales; pawn broker; liquor licenses; and dancing/live entertainment. Chapter 12 -2 -2 of the Andover City Code defines "Retail Trade and Services" as: "Stores and shops selling the personal services or goods over a counter. These include: antiques, art and school supplies, auto accessories, bakeries, barbershops, beauty parlors, bicycles, books and stationery, candy, cameras and photographical supplies, carpets and rugs, catering establishments, china and glassware, Christmas tree sales, clothes pressing, clothing and costume rental, custom dressmaking, department stores and junior department stores, drugs, dry foods, electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garden supplies (year round operation only), gifts, hardware, hats, hobby shops for retail of items to be assembled or used away from the premises, household appliances, hotels and apartment hotels, interior decorating, jewelry, including repair, laboratories, medical and dental research and testing, laundry and dry cleaning pickup (processing to be done elsewhere), laundromat, leather goods and luggage, locksmith shops, musical instruments, office supply equipment, optometrists, paint, wallpaper, phonograph records, photography studios, service station, restaurant (when no entertainment or dancing is provided), shoes, sporting goods, tailoring, theater, except open air drive in, therapeutic massage establishments (on and off site massage services), tobacco, toys, variety stores, wearing apparel and similar type uses." The applicant is also requesting that on -site dry cleaning be included as a permitted use. The City Code does not permit on -site dry cleaning operations in any zoning district within the city. Only drop off /pick -up sites are permitted. At the time that the ordinance was written, dry cleaning businesses were noisy, and large operations had the potential to create a significant CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. -05 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF LOUIS RUDNICKI FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 155 LANE AND HUMMINGBIRD STREET, (PIN 22- 32 -24 -11 -0026) LEGALLY DESCRIBED AS: Lot 1, Block 2, Grey Oaks, Anoka County, Minnesota , WHEREAS, Louis Rudnicki has requested a Conditional Use Permit to amend the Grey Oaks Planned Unit Development Approval; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon 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; 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 to amend the Planned Unit Development Approval for Grey Oaks to include office, retail trade and services and on -site dry cleaning as permitted uses on said property, with the following conditions: 1. The following uses shall be prohibited on the site: retail tobacco store; new or used vehicle sales, service station/repair garage; adult use businesses; car wash/self- service vehicle wash; recreational vehicle, boat, and marine equipment sales; pawn broker; liquor licenses; dancing/live entertainment. 2. The site shall conform in all other ways to the approved Planned Unit Development for Grey Oaks approved by resolution number R055 -99. 3. The Conditional Use Permit shall be contingent upon approval of a Commercial Site Plan. 4. The Conditional Use Permit shall be subject to a sunset clause as per section 12- 15 -6 -D of the Andover City Code Adopted by the City Council of the City of Andover on this day of ' 2005. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk 2711 Dahlia Street Oak Grove, MN 55011 December 20, 2004 • City of Andover 1685 Crosstown Blvd Andover, MN 55304 Dear Staff, Commissioners, Council Members and Mayor, We respectfully request the Grey Oaks PUD be amended to expand the conditional use for Lot 1, Block 2'to include office, retail trade and services, and on -site dry cleaning. In order to address concerns about inappropriate uses near a residential development, we are recommending the following use exclusions: retail tobacco store; used or new car sales; service station / repair garage; adult use businesses; car wash / self service vehicle wash; recreational vehicle, boat, marine equipment sales; pawn broker; liquor, dancing or live entertainment. Dry Cleaning Use We currently have a neighborhood dry cleaner with a clean environmental track record interested in leasing space. There are no provisions in the Andover City Ordinances for on -site dry cleaning operations. The City of Coon Rapids currently has on -site dry cleaning operations in their Community Commercial district. The City of Blaine currently allows dry cleaning businesses in their Neighborhood Business, Community Commercial, and Regional Commercial districts. A neighborhood on -site dry cleaner is a reasonable use on a commercial property. The new dry cleaning equipment is much quieter, more energy efficient, and does not have the same environmental impact as the equipment of past operations. Current dry cleaning operations are required by law to dispose of any associated chemicals with a licensed environmental disposal company. Natural Gas Pipeline We have worked extensively with Northern Natural Gas to come up with a sketch plan that addresses their concerns by providing green space directly above the 16" high pressure main and between the pipelines and the building. . Site Plan Issues 1) The number of parking spaces has been increased by approximately 24% above the required amount to accommodate the needs of the dance studio. 2) The building pad has been relocated, minimizing the impact of building front signs on the future residential units, moving it farther from the existing single family homes, and increasing visibility from Hanson Blvd. 3) The entrance from 155 lane has been moved, eliminating the curve at the entrance, improving sight distances for 155' Lane, and providing better circulation and safety in the parking lot. 4) Vegetative screening will be increased along the rear lot line. 5) Conversations with adjoining property owners about our intentions yielded no negative feedback. Business History We are second generation owners of a dance studio that has been operating in Anoka County since 1974. Our studio has been in business this long by making informed business decisions and providing a unique niche in the dance studio industry. We offer music and costumes based on strong Christian values. Our performance groups do not compete, instead they perform at community service events such as nursing homes, state and county fairs, and fundraiser events for the Leukemia & Lymphoma Society. We also offer the only nationally certified clogging instructor serving the northern Twin Cities Metro area. The majority of our students drive past other dance studios to get to our current location. Approximately 3000 -3500 ft this site would serve as the new permanent home for our dance studio. Many years of searching has led us to this ideal location for our business. We and our students are excited about the possibilities this new location offers. We thank you in advance for your consideration. i Louts & Colleen Rudnic i C2 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 PlanneA- SUBJECT: PUBLIC HEARING: Lot Split (04 -05) to create two rural residential lots from property located at 3415 163 Lane NW. DATE: January 11, 2005 INTRODUCTION The applicant proposes to create a new rural lot and retain a ten acre lot for the existing home to preserve the green acres status of the property. This lot split is located adjacent to a temporary cul -de -sac at 162 "d Lane NW (see attached location map). DISCUSSION Minimum District Provisions Each of the lots will exceed the minimum width, depth and area of the R -1 Zoning District. Please note that the east property line will be the front property line for each proposed lot at this time. Access A temporary cul -de -sac presently exists at the end of 162 " Lane NW. The property to the west of the subject property has been purchased by Meadow Creek Church. It is possible that a school may be constructed on this property in the future. City Code 12 -4 -9 requires future street extensions to be preserved. This requirement will add the following recommended conditions of approval to the proposed lot split: 1. A 60 foot wide street, drainage and utility easement to accommodate the potential future extension of 162 Lane through the property. 2. A 120 foot diameter street, drainage and utility easement to allow construction of a permanent cul -de -sac in the event 162 "d Lane NW is not extended through the property in the future. 3. The costs associated with construction of a street through the property or a permanent cul -de -sac are the responsibility of the applicant. A condition of approval requires a financial surety in the amount of $53,700 to allow one of these items to be constructed. This cost estimate includes removal of the existing temporary cul -de -sac and extension of 162 Lane to the west property line. In the event that actual construction costs are less than the financial surety, the difference would be refunded to the applicant. The applicant has indicated to staff that a street extended through his property benefits the property to the west. If the property to the west developed first and needed access to CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING A LOT SPLIT REQUEST TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT 3415 163 LANE NW (P.I,D. 17- 32 -24- 13 -0002) WHEREAS, Jaime Humnick has requested approval of a lot split to subdivide property located at 3415 163 Lane NW, and; WHEREAS, the Planning and Zoning Commission finds the request would not have detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested, and; 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 lot split on said property with the following conditions: The applicant shall provide a sixty foot wide street, drainage and utility easement in favor of the City of Andover to allow 162 d Lane NW to be extended through the property in the future. The applicant shall provide a one hundred and twenty foot diameter street, drainage and utility easement in favor of the City of Andover to allow a permanent cul -de -sac to be constructed in the future. 3. The applicant shall provide ten foot wide drainage and utility easements around the perimeter of both properties. The applicant shall be required to provide a financial surety in the amount of $53,700 for construction of the extension of 162 "d Lane NW or a permanent cul- de -sac. A determination of what will be constructed will be made at the time the adjoining property to the west is proposed for development. In the event that actual construction costs are less than the financial surety the difference shall be refunded to the applicant. The City shall initiate vacation of any street, drainage and utility easements that are no longer needed as a result of this determination. 5. The applicant shall be required to pay a park dedication fee in the amount of $2,325 and a trail fee in the amount of $565. Lot Split 3415163rd Lane NW 0 r� E N W�E Y 8 ANL66 Project Location Map Layout Name: LOCATION MAP LAYOUT Project Location: H:\ GISDATA \PLANNING\PROIECIS\NEWC^SES.APR Date Printed: 01103/2005 - 10:48:18 AM I 196 VM' E 11, i 32. R 24 Wo/ 17. 30 w 9715 04 183rd L eii pa Me LM&L— *AQ" 64 ---------- N "Ot 01 INe NEI/4 •ovw E 4ed J the NVH/4 or Me Nfjpl Gf 13 21 Cues kwol (5.73 '-. . k M s 1. w the wl/.) ------------ CAX A Ee4 r.4 162nd 1-0 o 6 CIV .. 3.Z2 C) 0 N e8 W Bernice Humnick Property 162nd Lane N.W. Roadway Improvements ALTERNATE C Ezt Qd RoadwayWNEW CabDe -Sac • ITEM DESCRIPTION QUANTITY UNIT UNIT AMOUNT NO. PRICE 1 MOBILIZATION 1 EACH $ 1,000.00 $ 1,000.OD 2 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) 26 L.F. $ 5.00 $ 130.00 3 REMOVE EXISTING BITUMINOUS CAL- DE-SAC 615 SY $ 3.00 $ 1,845.00 4 COMMON EXCAVATION 2425 CY $ 6.00 $ 14,550.00 5 SUBGRADE PREPARATION 2.8 R.S. $ 300.00 $ 840.00 6 AGGREGATE BASE CLASS 7B 475 TON $ 1200 $ 5,700.00 7 CONCRETE CURB & GUTTER 856 L.F. $ 9.00 $ 7,704.00 8 TYPE LV 3 NON -WEAR COURSE BITUMINOUS MIXTURE 122 TON $ 40.00 $ 4,860.00 9 TYPE LV 4 WEAR COURSE BITUMINOUS MIXTURE 122 TON $ 42.00 $ 5,124.00 10 TOPSOIL BORROW 61 CY $ 12.50 $ 76250 11 SODDING LAWN TYPE 556 SY $ 2.50 $ 1,390.00 12 SEEDING, MULCH, & FERTILIZER 0.8 ACRE $ 2,000.00 $ 1,600.00 13 CATCH BASIN TYPE 401 2 EACH $ 1,800.00 $ 3,600.00 14 12' RCP STORM SEWER PIPE 48 L.F. $ 64.00 $ 3,072.00 15 12" APRON WITH TRASH GUARD 1 EACH $ 1,200.00 $ 1,200.00 16 RIP RAP CLASS 3 3 CY $ 100.00 $ 300.00 TOTAL ALTERNATE C $ 53,697.50 is B LND • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Plannee* SUBJECT: WORK SESSION: Zoning Ordinance Update DATE: January 11, 2005 INTRODUCTION Please find attached the following proposed code revisions: • City Code 6 -4 -4 Snowmobiles and All Terrain Vehicles; Operation on Public Property • City Code 12 -2 Definitions; Miscellaneous Industry • City Code 12 -4 -3 A. General Zoning Provisions; Buildable Lot DISCUSSION Staff will present each item individually to the Planning Commission. to ACTION REQUESTED Please discuss and make a recommendation for each item. Attachments City Code 6 -4 -4 Snowmobiles and All Terrain Vehicles; Operation on Public Property City Code 12 -2 Definitions; Miscellaneous Industry City Code 12 -4 -3 A. General Zoning Provisions; Buildable Lot J 11 • . 0 _ Won 11 Ll ' 11 pen /1 1 1 • • _ 11 • MISM ptr TM M. 11 7 11 Ll ' 11 pen /1 1 1 • • MISM Y. 1' shoulder- or- main tFaveled way efthe Mghwa� 2 Th d river- l d +M L.+ f' r 11 m ffF. .h' +'ti + a yi elds o � so�rz ozxcoxixaz� + aiaxxc � PIII hazwd. -3- 3. Upon the roadway, shoulder, inside bank or slope of any trunk, county state aid, or county highway within the city and, in the case of a divided trunk or county hi way, on the right of way between the opposing lanes of traffic. 4. On city streets, except on the shoulder of the roadway or, in the absence of an improved shoulder, on the right hand most portion of the roadway (not on boulevard areas), and in the same direction as the street traffic on the nearest lane of the roadway adjacent thereto. In addition, snowmobiles or all- terrain vehicles shall take the shortest route on any city street to access any county road, county state aid highway, or any designated snowmobile trails. 5. On or within fifteen feet 0 5') a public sidewalk or walkway provided or used for pedestrian travel. 6. In a tree nursery or planting in a manner which damages or destroys growing stock. B. Permitted Areas: 1. The operation of all- terrain vehicles or snowmobiles is permitted north of the described line as shown in exhibit A attached to ordinance 109 on file in the office of the city clerk for public use and inspection. The following designated trails or areas south of this Iine are permitted: 2. On Round Lake (when frozen) when access can be legally obtained. 3. On Crooked Lake (when frozen) when access can be legally obtained. (Amended Ord. 109, 6 -6 -1995; amd. 2003 Code) C• Crossing Public Streets: A snowmobile or all- terrain vehicle may make a direct crossing of a street or highway, provided: 1. The crossing is made at an ang le of approximately ninety degrees (90 °) to the direction of the street or highway, and at a place where no construction prevents a quick and safe crossing. 2. The snowmobile or all- terrain vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway. 3. The driver yields the right of way to all oncoming traffic which constitutes an immediate hazard. 4 In crossing a divided street or highway, the crossing is made only at an intersection of such street or highway with another public street or highway. 5. If the crossing is made between the hours of one -half (1/2) hour after sunset to one -half (1/2) hour before sunrise or, in conditions of reduced visibility, only if both front and rear lights are on. 6. A snowmobile or all- terrain vehicle may be operated upon a bridge other than a bridge that is the main traveled lanes of an interstate highway, when required for the purpose of avoiding —S— 5. It is unlawful to intentionally drive. chase, run over, kill, otherwise take or attempt to take any animal wild or domestic, with a snowmobile or all- terrain vehicle. (Amended Ord. • 109, 6 -6 -1995, amd. 2003 Code) 6. Every person having a snowmobile in a public place shall lock the ignition, remove the key and take the same with him. (Amended Ord. 109, 6 -6 -1995 6 -4 -6: EXEMPTIONS FROM PROVISIONS: A. The citv's enforcement staff or the countv sheriffs department, in order to provide enforcement shall be exempt from the requirements of this chapter. (Amended Ord. 109, 6 -6- 1995 B. Authorized snowmobiles and all- terrain vehicles may be used on any public property within the city for rescue, emergency, or law enforcement purposes. C. An all- terrain vehicle or snowmobile may be operated upon any public street or highway in any emergency during the period of time when and at locations where the condition of the roadwav renders travel by automobile impossible. (Amended Ord. 109, 6 -6 -1995, am 2003 Code 6 -4 -7: VIOLATION; PENALTY: Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1 -4 -1 of this code. (Amended Ord. 109, 6 -6 -1995, amd. 2003 Code) --7-- 12 -2 -2 • Background A definition is provided for "Miscellaneous Industry", but there is no other reference to it in the code. All of the uses listed in the definition are covered separately in the "Permitted, Conditional, and Prohibited Uses" section of the code. The only use not permitted in the Industrial zoning district is "boat and marine sales." Proposed Change The definition of "Miscellaneous Industry" will be stricken from the code. The Planning Commission can discuss whether or not "boat and marine sales" should be added as a permitted use in the Industrial zoning district. It should be noted that exterior sales, display, and storage would require a Conditional Use Permit. 12 -2 -2: DEFINTTIONS: • 0 ... • 0 !Lff 4. A. Number Of Buildings Per Lot: Except in planned unit developments, there shall be no more than one principal building on one lot in all residential districts. Q. B. 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. 2. Access to any street shown on the adopted major thoroughfare plan shall require a curb cut permit as issued by the city building official. (Amended Ord. 8, 10 -21 -1970) •