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Home My WebLink About01/25/05C I 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 Andover Planning and Zoning Commission Meeting Agenda January 25, 2005 Andover City Hall Council Chambers 7.00 a.m. 1. Call to Order 2. Approval of Minutes —January 11, 2005. 3. PUBLIC HEARING: Lot Split �05 -01) to create two rural residential lots from property located at 3646 155 Lane NW. 4. PUBLIC HEARING: Rezoning (05 -02) to change the zoning from Single Family Rural Residential R -1 to Single Family Urban Residential R -4 for property located at 1487 148th Lane NW. • 5. PUBLIC HEARING: Lot Split (05 -02) to create two rural residential lots from property located at 1487 148th Lane NW. 6. WORK SESSION: a. Zoning Ordinance Update i. City Code 12 -3 Zoning District Descriptions ii. City Code 12 -4 Building Height: Determination of Setbacks iii. City Code 12 -4 -5 Permitted Encroachments iv. City Code 12 -6 Access Drives: Location 7. Other Business 8. Adjournment • ANDOVE T Y OF 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 - January 11, 2005 DATE: January 25, 2005 Re nest The Planning and Zoning Commission is asked to approve the minutes from the January 11, 2005 meeting. 0 • C I T Y O F NDOVEF3� 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US PLANNING AND ZONING COMMISSIONMEETING — JANUARY Hi 2005 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on January 11, 2005, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Rex Greenwald, Valerie Holthus, Jonathan Jasper, Dean Vatne and Michael Casey. Commissioners absent: None Also present: City Planner, Courtney Bednarz Planning Intern, Chris Vrchota Others 40 APPROVAL OFMINUTES. December 14, 2004 Motion by Greenwald, seconded by Casey, to approve the minutes as presented. Motion carried on a 5 -ayes, 0 -nays, 2- present (Jasper, Vatne), 0- absent vote. Chairperson Daninger welcomed Commissioner Holthus to the Planning Commission. PUBLIC HEARING: CONDITIONAL USE PERMIT (05 -01) FOR DRIVE THROUGHFOR TCFBANKAT LOT 1, BLOC %I, ANDOVER MARKETPLACE 2' ADDITION. Mr. Bednarz explained 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. Mr. Bednarz discussed the staff report with the Commission and noted that staff would work with the applicant to screen headlights from residential properties to the north. Regular Andover Planning and Zoning Commission Meeting Minutes —January 11, 2005 Page 3 • Commissioner Greenwald wondered if someone could put a daycare or dance studio in at this time. Mr. Vrchota stated without amending the PUD; only a daycare could be located at this site. Commissioner Greenwald wondered how many other on -site drycleaners are in Andover. Mr. Vrchota stated there are none because this use is not a permitted use in any of the City's zoning districts. Commissioner Vatne asked in the map included in the attachment, there appears to be a vacant lot to the east and he wondered if there was anything currently there. Mr. Bednarz; stated there are two more commercial sites to the east that were approved with Grey Oaks but they are still vacant. Commissioner Kirchoff wondered what the difference was with an on -site dry cleaner versus other dry cleaners. Commissioner Greenwald stated other drycleaners ship the clothing out to be cleaned. Mr. Vrchota explained how on -site drycleaners run. Commissioner Holthus wondered if there were any environmental hazards associated with this. Mr. Vrchota stated there are some. During the drying process, there is air run through the machine and the air is filtered through a couple of different processes before it is released outside. . Commissioner Casey asked if this new process met all the EPA standards. Mr. Vrchota stated they did and it is a fairly highly regulated industry that needs inspections regularly. Commissioner Greenwald asked what the natural barriers were to the south. Mr. Bednarz stated this is pretty minimal at this time. Commissioner Holthus wondered why on -site dry- cleaning is not allowed in the City. Mr. Bednarz explained what he thought the reasons were regarding this. He stated the permitted uses from the zoning code were initially adopted in 1970 and a comprehensive update has never been done. Motion by Vatne, seconded by Kirchoff, to open the public hearing at 7:20 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Commissioner Greenwald left the meeting at 7:20 p.m. Mr. Jerry Schroeder, 1727 155' Avenue, stated he represented a few of the homes by him. He stated they have lived in Andover for four years and they knew there would be a daycare there and the concerns they have is with the on -site dry- cleaning business. He stated he has researched this and one of the main things that came up is the chemicals that are used in dry -cleaning clothes. • Regular Andover Planning and Zoning Commission Meeting Minutes —January]], 2005 Page 5 • Commissioner Jasper asked where the existing dance studio is and how many students. Mr. Rudnicki stated it is located in Coon Rapids and has about 220 students. The hours of operation are from 4:00 p.m. to 9:15 p.m. in the evening. He added they are an atypical studio and do not have competitions, it is more community service oriented. Commissioner Vatne wondered if the proposed PUD amendment was only for the one lot. Mr. Vrchota stated that was correct. Commissioner Jasper stated when be read the report, he thought that drycleaners were not allowed in Andover for specific reasons but has heard this evening that it probably was not discussed at all in 1970. He stated this is monitored but is also noted to emit chemicals which could be dangerous to h umans . He added that adding retail to the permitted uses would be a blank check to open up the site to a lot of different uses as shown in the definition. He did not think he would approve the dry cleaning operation without further information. Chairperson Daninger concurred with those comments. Commissioner Kirchoff did not think the applicant was asking for a blank check to do anything they wanted on the property but before he approved this he would like to know more about drycleaners and the chemicals involved. Commissioner Casey stated be does not know a lot about drycleaners but he did know that Coon Rapids in their process of cleaning up their boulevard has had to deal with contamination from the dry cleaner that used to be there and he knows it has been costly and time consuming. He did not think he could approve this. Commissioner Vatne asked why they were even considering this business if they are not allowed in Andover. Mr. Bednarz stated the application proposed these uses and the application needs to be reviewed as proposed. Mr. Vatne thought they needed to identify specifically what type of business that will be going in there and not just open it up to retail. He did not think a dry cleaning business would fit into a neighborhood. Chairperson Daninger thought they may be putting the cart before the horse. He did not think dry cleaners were a bad thing but they need to review this, perhaps as a part of the zoning code update, and decide where in the City they should be allowed with consideration of potential environmental concerns. Motion by Jasper, seconded by Casey, to recommend denial of the Conditional Use Permit as presented based on the concerns discussed by the Commission and the fact that the proposal is open ended and includes dozens of possible uses and because he was not comfortable with the safety of a dry cleaner going into that location as it may be detrimental to health safety and welfare. Motion carried on a 6 -ayes, 0 -nays, 0- present, is 1- absent (Greenwald) vote. Regular Andover Planning and Zoning Commission Meeting Minutes —January 11, 2005 Page 7 • payment for the road to be constructed or to guarantee it would be constructed in the future. Ms. Humnick stated due to the uncertainty of the property west of 162 " Lane and not knowing what is going to happen with the development in that area, they do not foresee the cul -de -sac as a benefit to the property to the west because they do not see what it will bring and they do not know when development will happen. She stated she had a problem requesting an open document from her bank for future development. Ms. Loni Erickson - Street, 3368 162 Lane, stated she did not understand what they were trying to do on the property with a cul -de -sac. Mr. Bednarz showed on a map the existing temporary cul -de -sac and explained the scenarios under which a street or permanent cul-de -sac would be constructed. Ms. Erickson -Street wondered if Meadow Creek decided not to build on the adjacent property because of what came out in the paper. Vice Chair Kirchoff stated he was aware that they had purchased the property but beyond that was not sure what was going to happen. Ms. Erickson -Street wondered if there was any way, without doing the new cul-de -sac, doing a driveway just off the temporary one or would it have to be another street • extension. Mr. Bednarz stated this is correct. If the street is not extended to the west, City staff is recommending that the temporary cul -de -sac be removed and a permanent cul -de -sac be constructed. Motion by Jasper, seconded by Casey, to close the public hearing at 8:06 p.m. Motion carried on a 4 -ayes, 0 -nays, 2- present (Da Vatne), 1- absent (Greenwald) vote. Commissioner Holthus asked when Tulip Street will be reconstructed. Mr. Bednarz stated he was not sure of the current timetable for the reconstruction. Commissioner Holthus stated if Meadow Creek were to build a school in this location, they may not need to use 162 d , they may be able to use Tulip Street although right now it is a gravel road and pretty narrow. Is this a potential possibility? Mr. Bednarz noted that at the time the school is proposed, they would need to evaluate the site plan and a traffic study to see where the building and parking would lay out and what type of transportation improvements would be necessary. Commissioner Jasper asked if the resolution, as drafted, suggest an open ended letter of credit or other financial surety that could go on indefinitely. Mr. Bednarz stated until as stated in the Resolution "determination of what will be constructed (i.e. cul -de -sac or street) will be made at the time the adjoining property to the west is proposed for development." • Regular Andover Planning and Zoning Commission Meeting Minutes —January 11, 2005 Page 9 • WORK SESSION. a. Zoning Ordinance Update City Code 6-4-4 Snowmobiles and All Terrain Vehicles; Operation on Public Property. Mr. Bednarz stated Commissioner Greenwald requested this item be addressed at another meeting so he could participate. Commissioner Jasper asked if he could make a couple of drafting issue comments. He stated the proposed change states they are taking out the code sections that talks about reference to other designated trails because there are none. In the first paragraph of that, in the permitted areas, it talks about where they are permitted and prohibited in the City. He thought this contradicts the prohibited areas. 6 -4 -a1, prohibited areas, shows this contradiction. Mr. Bednarz stated they would make this clearer. There is a reference to other designated trails but there is another area where they are going to remove a reference to other designated areas. He stated they would look at the wording to make it clear. Commissioner Jasper stated in the prohibited areas, it talks about it being prohibited to drive on a roadway and then "C" talks about how you can cross a street. He thought . those were contradictory and needed to be clarified. Commissioner Jasper stated on 6- 4 -4 -a1, additional limitations, is a drafting error. It states "you cannot drive between 11:OOp.m. and 8:OOa.m., except on Saturday and Sunday when it is 1:OOa.m. to 8:OOa.m." If this is read literally, you could be prohibited from 11:00p.m. to midnight on Friday night and then can drive from midnight to 1:OOa.m. on Saturday. Commission Vatne thought they needed to designate the hours per day to be specific. Mr. Bednarz thought they would need the first sentence to designate the days of the week. Commissioner Jasper stated 6- 4-4-c4 talks about what you can use to tow on a public street or highway when previously it was prohibited to drive on a public street or highway. Mr. Bednarz stated there are some exemptions in 6-4 -6 from the previous requirements. Commissioner Vatne asked on 6- 4 -4 -b2, it references in a couple areas, Urban District, he wondered what this meant. Commissioner Kirchoff wondered when you are considered to be under the influence of alcohol. Commissioner Jasper assumed it would be interpreted as affecting your ability to drive and would not be in reference to the level. Mr. Bednarz stated they could • reference the State Statute. Regular Andover Planning and Zoning Commission Meeting Minutes —January 11, 2005 Page 11 • Commissioner Jasper thought the Code section 12 -11 -6a should read "A non - platted lot or parcel of land has to meet 1, 2 and I" Section 12 -11 -6b should read "A plat does not have to and the section shall not apply." Mr. Bednarz thought this would make it clear, in part A "an un- platted lot" and then the rest of the statement and under B, at the end of the fast sentence "shall not apply." And delete the last sentence. Commissioner Jasper stated anything after October 1971 would have to meet the regular requirements. Mr. Bednarz stated this was 1970 for un- platted lots. Commissioner Jasper stated on the last page, Section C, now Section B, Access Drive, what are the minimum standards of the City because he did not find any minimum standards for a drive. Mr. Bednarz stated they do have a definition for an access drive. He stated what they are trying to do with Section B is they are trying to get an emergency vehicle into these properties. Commissioner Jasper stated they should cross reference to where the minim standards are and if there are minim standards for access drives, should they necessarily only apply to those over three hundred feet or should they apply to all access drives. Mr. Bednarz stated they have driveway requirements elsewhere. Commissioner Jasper stated in the next paragraph, it references "the Adopted Major Thoroughfare Plan ", he did not think they referred to this anymore. Mr. Bednarz . concurred and stated it should be called the "Transportation Plan". OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Chairperson Daninger thanked staff on the Planning Commission report they received. Commissioner Kirchoff concurred. ADJOURNMENT: Motion. by Casey, seconded by Kirchoff, to adjourn the meeting at 8:55 p.m. Motion carried on a 6 ayes, 0 nays, 0 present, 1 absent (Greenwald) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. • 3 At • 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: Lot Split (05 -01) to create two rural residential lots from property located at 3646 155' Lane NW. DATE: January 25, 2005 INTRODUCTION The applicant proposes to create a new rural lot and retain a rural lot for an existing home. This lot split is located north of Round Lake in an unplatted area west of the Lakeridge development. DISCUSSION Access The only available access is from 155 Lane which is a gravel stub street without a • temporary cul -de -sac. The driveway for the existing home also utilizes this stub street for access. At the time when the streets within the Lakeridge development were constructed, 155 Lane should have been paved as the rest of the streets within the development. Staff recommends that the street stub be paved at this time and that the applicant and the City divide the cost of this improvement evenly. As shown on the attached location map there is undeveloped property to the west. City Code 12 -4 -9 requires future street extensions to be preserved. The applicant is proposing to dedicate a street easement through the property to the west property line to allow a future street to be constructed. As is typical with the subdivision of property, the applicant is also responsible for the cost to construct the street to the west property line. A similar rural lot split with future street issues was recently discussed by the Planning Commission and City Council. Neither group was in favor of requiring the financial guarantee for future street construction recommended by staff. At the Council meeting, the City attorney advised that payment for future street construction can be required as a part of a lot split and needs to be provided for in the resolution to guarantee that it will be collected. That essentially deferred the improvement, and based on that the City Attorney recommended that financial surety not be required as a part of the development agreement. He further recommended that the applicant would instead waive the right to challenging a future assessment provided it did not exceed the City Engineer's estimated construction costs (attached). n U n E 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 3646 155` LANE NW (P.I.D. 20- 32 -24- 21 -0012) WHEREAS, Don Steurer has requested approval of a lot split to subdivide property located at 3646 155 Lane NW, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a 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, 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: 1. The applicant shall be required to pay $11,456 to cover half of the cost to pave the existing gravel street stub of 155' Lane NW west of Silverod Street NW. 2. The applicant shall provide a sixty foot wide street, drainage and utility easement in favor of the City of Andover to allow 155 Lane NW to be extended through the property in the future. 3. The applicant shall be required to enter into a development agreement with the City to provide for the future extension of 155 Lane NW to the west property line of the subject property. The agreement shall not require a financial guarantee but shall require the applicant to waive the right to appeal future assessments provided the cost of the street extension does not exceed $123,938. The agreement shall also require the City to initiate vacation of the street, drainage and utility easement for the temporary cul -de -sac when the street extension is constructed. 4. The applicant shall provide a 108 foot diameter street, drainage and utility easement in favor of the City of Andover and to construct a temporary cul -de -sac within the easement. • 5. The applicant shall provide ten foot wide drainage and utility easements around the perimeter of both properties. 1 0 • Lot Split 3646 155th Lane NW N W E 8 ANL661Y Project Location Map Layout Name: LOCATION MAP LAYOUT Project Location: H:\ GISDATA \PLANNING\PRO]ECTS\NEWCASES.APR Date Printed: 01/20/2005 - 01:05:29 PM N �J SUMMARY OF ESTIMATED COSTS Paving AlanQ Existing 155th LaneAlienment - o - Estimated Construction Cost $16,022.50 10% Contingency $1,602.25 Total Estimate Construction Cost $17,624.75 30% Indirect Costs $5,287.43 Total Estimated Project Cost $22,912.18 !'nnstrurt Temporary Cul- de -S¢C Estimated Construction Cost $10,297.00 10% Contingency $1,029.70 Total Estimate Construction Cost $11 30% Indirect Costs $3,398.01 Total Estimated Project Cost $14 Future 155th Lane to West Property Line (appro 690 Estimated Construction Cost $86,670.00 10 % Contingency $8,667.00 Total Estimate Construction Cost $95,337.00 30% Indirect Costs $28,601.10 Total Estimated Project Cost $123,938.10 • r I 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: Andy Cross, Associate Planner A CC: Courtney Bednarz, City Planned DATE: January 25, 2005 SUBJECT: PUBLIC HEARING: Rezoning (05 -02) to change the zoning designation from R -1 Single Family Rural Residential to R -4 Single Family Urban Residential for property located at 1487 148' Lane NW. INTRODUCTION The Planning Commission is asked to review the proposed rezoning to allow the lot split on this property to move forward. DISCUSSION As with all rezonings, the City must meet one of the two following findings that are provided by state statute: I . The original zoning was in error. 2. The character of the area or times and conditions have changed to such an extent to warrant the Rezoning. • The property is located within the 2020 Metropolitan Urban Service Area (MUSA). Municipal sewer and water connections are available for this property. Oak Bluff was granted a special use permit for density zoning because of proximity to a landfill and to preserve surrounding land for development until after municipal utilities became available. The possibility of subdividing the lots after utilities became available was discussed when the original plat was presented. There is urban residential development on three sides of this development. Times and conditions have changed with the availability of municipal utilities and it is appropriate to rezone the property at this time to allow for urban residential development. Attachments Ordinance Amendment Location Map ACTION REQUIRED The Planning Commission is asked to recommend approval of the rezoning request based on the fact that times and conditions have changed. Respectfully submitted, Andy C oss Associate Planner • Cc: Keith Olson, 1487 148 Lane NW, Andover, MN 55304 c W 4z slit T 2 c W rr\^ v! C p 00 Q W W E L �J j a v co O �_ z m a Q J U U i Q ¢ W :3 o Z N .t-. m W C w Z W 4} G �� N TC W L J L.7 LL N N m e rn o m u F J p LU OD `m W 'c J w w V CC H Q y 16 -' a c> � a y o o S cn c �''. "��' ❑ ate m _« d 8 f o m .0 } f p '00 m I I i 0 Vi Q i 1 00 m O ,. 300Atl`,, / a > CL.0 r W j ~ [ L -0 p 0 c (D vl T m W m 1 w o 0 60 j 0 . W O ! 1 W m I � R y va 1S3 i m`� 'O o I ! s c LD a I r od ! w m �m �' Z am W =w m o m0) me 00 I I Y m D ..... .............. ......._.______....._.. _. 1 ..0 O c c c 0 co c o o = Nosh Y FTT Z 4 C T Y O F • 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 CC: Courtney Bednarz, City Plann4 FROM: Andy Cross, Associate Planner AM DATE: January 25, 2005 SUBJECT: PUBLIC HEARING Lot Split (05 -02) to create two urban residential lots from property located at 1487 148 Lane. INTRODUCTION The property owners are seeking approval of a proposal to divide the subject property (Lot 2, Block 1, Oak Bluff) into two urban residential lots. The existing house will remain on one of the lots. DISCUSSION • The lot split would require a rezoning of the property from R -1 Single Family -Rural to R -4 Single Family -Urban. The attached survey illustrates the proposed lot split. An existing house is located on Parcel A. After rezoning, the proposed split will meet the dimensional requirements of the R -4 zoning district as indicated in the table below: Easements Ten -foot drainage and utility easements already exist around the perimeter of the existing property. Separate easement documents will be necessary to establish the standard five -foot drainage and utility easements along both sides of the new property line. Utilities If the lot split is approved, then both lots will be required to connect to municipal sewer and pay the assessment as calculated by the City Clerk. The applicant has petitioned the City for sanitary sewer and possibly city water. This petition was presented to the City Council on January 18, 2005. The City Engineer recommended that adjacent lots be evaluated for extension of utilities . at the same time as the applicant's lot. At this point, staff has been directed to prepare a feasibility report and meet with all affected property owners to discuss the costs to extend city R -4 parcel A Parcel B Requirements Lot Width 80 feet 95 feet 110 feet Lot Depth 1 30 feet 191 feet 191 feet 11,400 sq. ft. 18,145 sq. ft. 21,010 sq. ft. Lot Area 261 acres) .416 acres) (.482 acres Easements Ten -foot drainage and utility easements already exist around the perimeter of the existing property. Separate easement documents will be necessary to establish the standard five -foot drainage and utility easements along both sides of the new property line. Utilities If the lot split is approved, then both lots will be required to connect to municipal sewer and pay the assessment as calculated by the City Clerk. The applicant has petitioned the City for sanitary sewer and possibly city water. This petition was presented to the City Council on January 18, 2005. The City Engineer recommended that adjacent lots be evaluated for extension of utilities . at the same time as the applicant's lot. At this point, staff has been directed to prepare a feasibility report and meet with all affected property owners to discuss the costs to extend city CITY OF ANDOVER • COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR KEITH OLSON TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT 1487 148 LN NW (26 -32- 24 -22 -0003) LEGALLY AND DESCRIBED AS: Lot 2, Block 1, Oak Bluff, Anoka County, Minnesota To be divided into properties to be described as; PARCEL A: That part of Lot 2, Block 1, OAK BLUFF, according to the recorded plat thereof, Anoka County, Minnesota, lying west of the east 110.00 feet thereof. PARCEL B: That east 110.00 feet of Lot 2, Block 1, OAK BLUFF, according to the recorded plat thereof, Anoka County, Minnesota. WHEREAS, Keith Olson has requested approval of a lot split to subdivide property pursuant to City Code Title 13 Chapter 1, located at 1487 148 Lane. NW, and; • WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code Title 13 Chapter 1; WHEREAS, the Planning and Zoning Commission finds the request would not have a 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: 1. That the applicant shall prepare and submit to the city for approval an easement document indicating a five -foot wide drainage and utility easement along the east property line of Parcel A and along the west property line of Parcel B. 2. Both lots shall be connected to municipal sewer and assessments shall be paid as calculated by the City Clerk. is 3. The applicant shall be required to pay a Trail fee in the amount of $565. N 3 Z IC ai t^ C O C a E€ a � `" mS - to �o LLJ g Z N t Y W C !- _ Q N II g . C z? W W 'O J w Q z Z �s d O LLij W U -' 4 H c> W¢ 3 d o o Mw En N c v I ' ( / C Cc CD E v O 0 U m 300 a-0 I � ! m ! m-a m O C 0 L - - -- i m O / M W i\ < N O � C i _€ � m Uiz V W a -0-0 U T LD CL= l = 8 1 I Co ai I e 0 1 I Q N A N J J '0 m IS MDva, 0.0 i � a O ° i v o c c O m E o I o c -- . - GA79 t 0 l 0 Z S 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 Planne19 SUBJECT: WORK SESSION: Zoning Ordinance Update DATE: January 25, 2005 INTRODUCTION Please find attached the following proposed code revisions: • City Code 12 -3 Zoning District Descriptions • City Code 12 -4 -5 Permitted Encroachments • City Code 12 -4 -6 Access Drives: Location • City Code 6 -4 -4 Snowmobiles and All Terrain Vehicles; Operation on Public Property DISCUSSION • Staff will present each item individually to the Planning Commission. ACTION REQUESTED Please discuss and make a recommendation for each item. Attachments City Code 12 -3 Zoning District Descriptions City Code 12 -4 -5 Permitted Encroachments City Code 12 -4 -6 Access Drives: Location City Code 6 -4 -4 Snowmobiles and All Terrain Vehicles; Operation on Public Property Respectfully submitted, Q Be r� U D. R -4 Single - Family Urban District: This district represents urban density use by single- family detached dwellings. E. R -5 Manufactured Housing District: This district would permit all types of manufactured housing including manufactured homes and modular houses, provided public sewer and water is provided. (Amended Ord. 8, 10 -21 -1970) F. M -1 Multiple Dwelling District: This district is intended to provide a location for medium density attached dwelling units (townhouses) with private entrances. These areas may be transitional, however, the townhouse resident should have convenient access to all facilities provided for single - family neighborhoods. This district's location shall provide sufficient space for buffering from less intense uses. (Amended Ord. 8,10-21-1970; amd. 2003 Code) G. M -2 Multiple Dwelling District: This district is intended to provide a location for all types of multiple dwellings. This district's location shall have convenient access to all facilities provided for neighborhoods, open space, and buffering from less intense uses. Access to an M -2 district shall be from a collector or arterial roadway. H. GR General Recreation District: This district is intended to provide a location for all types of commercial recreation uses such as golf driving ranges, outdoor theaters, racetracks, and snowmobile areas, most of which require large amounts of land and good separation from residential areas. This district's location shall provide sufficient space for buffering from less intense uses. I. LB Limited Business District: This district is suitable only for commercial uses of a limited (less intense) nature. This may be due to the close proximity of residential uses. The LB district can be used as a transitional district or buffer between noncompatible uses such as intense commercial (GB) and low density residential uses. This district's location shall provide sufficient space for buffering from less intense uses. NB Neighborhood Business District: This district is used for retail sales and services in such scale as to serve the surrounding neighborhood 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. K. SC Shopping Center District: This zoning classification is reserved for modern retail shopping facilities of integrated design in appropriate locations. el., :Fe..ti .:11 n et be g to spe eifie u ndeveloped land pa F athe the eemp r - eheasive pla This Y411 a ll ow pete n t;el d g e at ff f fe ed e in site —3— 12 -4 -5 • Background This chapter contains a great deal of information, much of which is confusing or belongs elsewhere in the code. There is also information located in another section of the code that belongs in this chapter. Proposed Changes The chapter will be renamed "Encroachments ". Sections A, B, and C will remain with some clarifications. Section D is a definition and will be moved to 12 -2 -2: "Definitions ". Section E addresses lot coverage and will be moved to 12 -4 -3: "Lot Provisions ". Section F deals with exemptions from height restrictions and will be moved to 12- 14 -23: "Building Height ". Finally, section 12 -4 -11: "Quasi- Public Structures" logically belongs in this chapter and will be moved to become the new 12- 4 -5 -D. 12 -4 -5: PERAUTTED ENCROACHMENTS: The following shall not be considered as encroachments on setback and height requirements, subject to other conditions hereinafter provided: A. In Any Yards: 1. Posts, flues, belt course, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, ep teFfaees open canopies, steps, flagpoles, chimneys, ornamental features, open fire escapes, sidewalks and window wells. 2. Terraces, steps, exposed ramps (wheelchair), stoops, or similar features. previd °dThese features shall not ex4e eve exceed the height of the ground floor level of the principal structure., er nor shall they extend to a distance less than three feet (3') from any lot line ner or less than one foot (1') from any existing or proposed access drive. 3. Yard lights and nameplate signs in residential districts, trees, shrubs, plants, floodlights, or other source of light illuminating authorized signs, or light standards for illuminating parking areas, loading areas or yards for safety and security reasons, provided the direct source of light is not visible from the public right of way or adjacent residential property. 4. All projections shall not exceed thirty -six inches (36 ") as measured at ground level. B. In Side and Rear Yards (Not Along Street): Detached outdoor picnic shelters or living rooms or patio decks may extend to within ten feet (10') of a °'�rr-e lot line;. e3wept that No such structures shall exceed five hundred (500) square feet. 0 _S _ 12 -4 -3: LOT PROVISIONS D. Restrictions On Lot Coverage: In no event shall off street parking space, driveways, buildings, or structures of any type of other s alum cover more than seventv five percent (75 %) of the lot area resulting in less than twenty five percent (25 %) landscaped area in residential districts. 12- 14 -23: BUILDING HEIGHT C. Exemptions From Height Limits: Height limitations shall not apply to barns silos and other structures on farms, to church spires, belfries, cupolas and domes, monuments, chimneys and smokestacks, flagpoles, public and public utility facilities, transmission towers of commercial and private radio broadcasting stations, television antennas, and parapet walls extending not more than four feet (4 above the limited height of the building except as herein provided. (Amended Ord. 8, 10 -21 -1970 LJ `J 6 -4 Snowmobiles and All- Terrain Vehicles Updated as of January 12, 2005. Background The substance of the snowmobile /all- terrain vehicle standards does not need to be changed, but the language and structure make the regulations difficult to understand. For example, a variety of standards having nothing to do with operation on public property are lumped into 6-4 -4. Proposed Change Restructure this section with appropriate headings and position requirements accordingly. Remove reference to designated trails other than Round Lake and Crooked Lake because there are none. Please note that code sections from Title 6 Chapter 4 not included below are not proposed to be changed at all. _ • . . e a r e as e„ti r g e fs en , ept s m y be a . on ae _ • C. O eit s 4« e s ept an d sho of the ro in the a b s a of a n pr -eved > > aPA in additien, f er- any designmed snowmobile trails. —7— e a r e as e„ti r g e fs en , ept s m y be a . on ae C. O eit s 4« e s ept an d sho of the ro in the a b s a of a n pr -eved > > aPA in additien, f er- any designmed snowmobile trails. —7— • G_ if the ffes is made between the haufs eFo h (1 2) 1...,,. after- s ..et toe o n e 1.e1F !1 /7\ h our- b e f ore e con of r- ed eed visibility ..fAy if bet}. -eat a ndsQB.F � light. are on. . - • _ _ r loop. I al M RMWIrMIAMT M P2 10 pup • A• I P111.11 6 -4 -3: PROHIBITED AND PERMITTED AREAS, CROSSING PUBLIC STREETS: A. Prohibited Areas: 1. No person shall operate an all- terrain vehicle or snowmobile south of the line legally described in exhibit A attached to ordinance 109 and on file in the office of the city clerk for public use and inspection with the exception of desig .. .,e......eb le tFea.` Lake and Crooked Lake (when frozen and access can be legally obtainedl and private propertL provided permission is . granted by the owner, occupant, or lessee of such land. 2. On school grounds park property, playgrounds, recreation areas and golf courses. �l • �� 6 -4 -3: PROHIBITED AND PERMITTED AREAS, CROSSING PUBLIC STREETS: A. Prohibited Areas: 1. No person shall operate an all- terrain vehicle or snowmobile south of the line legally described in exhibit A attached to ordinance 109 and on file in the office of the city clerk for public use and inspection with the exception of desig .. .,e......eb le tFea.` Lake and Crooked Lake (when frozen and access can be legally obtainedl and private propertL provided permission is . granted by the owner, occupant, or lessee of such land. 2. On school grounds park property, playgrounds, recreation areas and golf courses. �l 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 obstructions to travel when no other method of avoidance is possible, provided the snowmobile or all- terrain vehicle is operated in the extreme right hand lane, the entrance to the roadway is made within one hundred feet (,100') of the bridge, and the crossing is made without undue delay. 7. No snowmobile or all- terrain vehicle shall enter any controlled intersection without making a complete stop. The operator shall then yield the right of way to any vehicles or pedestrians which constitute any immediate hazard. 6 -4 -4: ADDITIONAL LIMITATIONS: Snowmobiles and all- terrain vehicles shall not be operated within the corporate limits of the City of Andover in violation of the following: A. Time Of Day 1. On aDmays Monday through Friday between the hours of eleven o'clock (11:00) P.M. and eight o'clock (8:00) A.M.; : and on Saturday and Sunday. the restriction shall i be between one o'clock (1:00) A.M. and eight o'clock (8:00) A.M. B. Speed 1. At any speed in excess of fifteen (15) miles per hour on any public city street, or elsewhere at a rate of speed greater than reasonable or proper under all the surrounding circumstances. 2. All ethe,. n «4 , oads and n «4 , state a Mghwai�s net In violation of Minnesota statutes, e)- el s e w h e .e at 3. At a speed greater than fifteen (15) miles Der hour when within one hundred feet (100') of any riverbank or lakeshore; or within one hundred feet 0 00') of fishermen, icehouses, or skating rinks; nor shall operation be permitted within one hundred feet (100') of an y sliding area; nor where the operation would conflict with the lawful use of property, or would endanger other persons or property C. Behavior 1. At any place while under the influence of an alcoholic beverage or controlled substance as defined by state statute. —!.3 —