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Home My WebLink About03/08/05C I T Y O F ( A 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 March 08, 2005 Andover City Hall Council Chambers 7.00 a.m. 1. Call to Order 2. Approval of Minutes —February 8, 2005. 3. PUBLIC HEARING: Lot Split (05 -06) to create two urban residential lots from property located at 14351 Crosstown Boulevard NW. 4. PUBLIC HEARING: Residential Sketch Plan for Sophie's South on property located southwest of Crosstown Boulevard NW and the Burlington Northern Railroad. 5. WORK SESSION: a. Zoning Ordinance Update i. City Code 12 -10 Home Occupations ii. City Code 12- 10 -61). Terminating a Conditional Use Permit iii. City Code 12- 11 -3B. Change of Land Use iv. City Code 12 -9 Service Stations 6. Other Business 7. Adjournment L� A. CITY ! .. ,-vii 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 - February 8, 2005 DATE: March 8, 2005 Request The Planning and Zoning Commission is asked to approve the minutes from the February 8, 2005 meeting. 0 0 C I T Y OF 0 NDb av 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US PLANNING AND ZONING COMMISSION MEETING — FEBRUARY 8, 2005 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on February 8, 2005, 7:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Jonathan Jasper, Michael Casey and Valerie Holthus. Commissioners absent: Commissioners Rex Greenwald and Dean Vatne. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others • APPROVAL OFMINUTES. January 25, 2005 Motion by Casey, seconded by Kirchoff, to approve the minutes as presented. Motion carried on a 4 -ayes, 0 -nays, 1- present (Daninger), 2- absent (Greenwald, Vatne) vote. PUBLIC HEARING. LOT SPLIT (05 -03) TO CREATE TWO URBAN RESIDENTIAL LOTS FROM PR OPER TY LOCA TED A T 14124 CROSSTOWN BOULEVARD NW. Mr. Bednarz explained the property contains an existing house and detached garage. Two accesses to Crosstown Boulevard presently exist. One of the accesses is used as a farm access road. The farm access road crosses the property and two outlots on route to the farm fields to the west. Mr. Bednarz discussed the staff report with the Commission. Mr. Bednarz stated payment of a park dedication and trail fee will be required for only • the new lot and needs to be added to the Resolution. Regular Andover Planning and Zoning Commission Meeting Minutes — dlanuary 8, 2005 Page 3 since before Andover was a City and these are larger size lots than normally what the restriction is put on. Chairperson Daninger stated the variance tool is there for a reason and he would be of the opinion that he would not grant the variance at this time. Commissioner Kirchoff concurred. Motion by Kirchoff, seconded by Casey, to close the public hearing at 7:16 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Greenwald, Vatne) vote. Commissioner Jasper stated the way the resolution is written it says the house would have to have a footprint of 1536 which is double the size of the existing detached garage and then it says any future garage should not be more then 432 feet which when added to the original garage would give them the 1200 feet maximum garage space. To add the additional 432 feet, that would increase the size of the house to 2400 feet. Mr. Bednarz stated there is a total of 1200 square feet that is allowed per R4 property and then beyond that, any detached structure cannot be more than half of the foundation size of the house. Commissioner Jasper stated if any additional garage were attached, it would not be subject to the restriction that half of the size of the footprint but if it were detached, then the house size would have to increase. Mr. Bednarz stated this was correct, but the limit of 1,200 square feet would still apply. Commissioner Kirchoff stated if the house had an attached garage; the existing garage could stay there if the footprint of the house was at least 1,536. Commissioner Jasper stated what he understood was there would be up to an additional 432 feet of garage allowed under the ordinance assuming it is attached, if detached the size of the principal structure would have to bigger because the detached cannot be bigger than the half the size of the principal structure. Commissioner Jasper stated the resolution should be amended in paragraph two to indicate that "...any future attached garage..." Mr. Bednarz stated the resolution can be worded to make it more clear. Commissioner Kirchoff asked if a person could make a long tunnel to attach the garage so there is no Iimit. Mr. Bednarz stated they have explored that situation before and there are some criteria under which you can consider a garage attached versus an outdoor canopy or long tunnel. Motion by Jasper, seconded by Casey, to recommend to the City Council approval of Resolution No. , approving the Conditional Use Permit subject to the conditions of the attached resolution with the following changes: 0 1. Paragraph three renumbered to Paragraph four. Regular Andover Planning and Zoning Commission Meeting Minutes — January 8, 2005 Page 5 • PUBLIC HEARING: LOT SPLIT (05 -04) TO CREATEA RURAL RESIDENTIAL LOT AND RESIDUAL PARCEL AT 264 ANDOVER BOULEVARD NW Mr. Cross explained the applicant has applied for a lot split that will divide an 8.9 -acre property into two Rural Residential lots. The existing house will remain on one of the lots. Mr. Cross discussed the staff report with the Commission. Commissioner Kirchoff stated it was a good idea to get the driveways off of Andover Boulevard but that changes the internal roadway system they are looking at now. Mr. Cross stated this is a rough plan, and the sketch plan is subject to change. Commissioner Jasper asked if there were existing homes on the property and what is the orientation of those. Mr. Cross stated they both face north. Commissioner Holthus stated as she drove by the houses, she wondered how a driveway coming from any other direction could work with any different orientation. Mr. Cross stated the plans are very preliminary. He stated one thought was if a road approaches from the south, they would run into the orientation of the garages and a septic drainage in the back. Another idea is to have a road adjacent to the properties which would allow a driveway to the side. He stated there are options. Commissioner Jasper asked if the lots being split are owned by two different people. Mr. Cross stated that was correct. Commissioner Jasper stated one of the conditions of approval is the two residual lots be combined. Mr. Cross stated that was correct. Commissioner Jasper asked how they would combine the properties if they are owned by two different owners and being purchased by a third. Mr. Bednarz stated that the intent of the split is to allow the homeowners to sell the residual properties to the developer. The City would require the developer to combine those properties when the lot split is recorded with the County. Commissioner Holthus asked if the intent was to start the process as soon as possible. Mr. Bednarz stated that was his understanding. Commissioner Holthus asked why they cannot do the lot split at the time or after the lot split occurs. Mr. Bednarz stated the intent is to accommodate the requests of the applicant and agreements between the homeowners and developer to allow them to close • and sell property several months before the plat would be approved. Regular Andover Planning and Zoning Commission Meeting Minutes — January 8, 2005 Page 7 • Mr. Dwayne Bates asked if it was possible to get a copy of the plat. Chairperson Daninger stated he could get a copy from staff. Mr. Cross reminded that this is a draft sketch plan so it is pretty rough and only gives an idea of how the area could be developed. Ms. Carmen Molenkamp, 140th NW, Andover, stated she wanted to say something about the tree situation because this area is a highly wooded area of Andover. She stated she did not want to lose the trees. She wondered if there was another road coming in from the south, where would it be coming from. Chairperson Daninger stated this will also be part of the review for the sketch plan. He stated what was shown at the meeting is not definite. Motion by Kirchoff, seconded by Casey, to close the public hearing at 8:01 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Greenwald, Vatne) vote. Commissioner Jasper stated condition seven discusses the payment for urban services and that would be the payment attributable to the remaining parcel with the house. Mr. Cross stated that was correct. Commissioner Jasper stated upon development additional payments would be due for the larger lots being split off and combined when platted. Mr. Cross stated this was correct and the amount of payment would depend on the number of lots that are put in the new area. Commissioner Jasper thought the resolution should be changed to clarify that the payment only applies or is attributable to the smaller amount that contains the house. He stated the new number eleven should be changed to say "...and driveway access shall be transferred to an internal street and taken off of Andover Boulevard" Mr. Bednarz stated the transfer of the driveway from Andover Boulevard may or may not occur immediately with the development of the plat. He stated they will need to work with the developer, residents and County to determine how that will be handled. He stated they will ask that the plat be designed so that eventually that will happen but it may not happen when the plat is approved. Commissioner Jasper asked if some sort of revision should be made to clarify the reason for it being there. Mr. Bednarz stated they could put that in the resolution. Chairperson Daninger asked if they should put this as a condition in the plat. Mr. Bednarz stated the intent of the condition is to require the two lots to be parry to the plat. Chairperson Daninger stated there was a comment regarding trees and the area discussed was private property and the property owner owns the trees as well. Mr. Bednarz stated • the City does have an ordinance for Oak Wilt specifically. He stated a person does have the right to remove trees on their own private property, however, once a property has Regular Andover Planning and Zoning Commission Meeting Minutes — January 8, 2005 Page 9 the clarifying included with regard to the driveway. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Greenwald, Vatne) vote. Mr. Bednarz stated that this item would be before the Council at the February 15, 2005 City Council meeting. PUBLICHEARING: PRELIMINARYPLATANDPLANNED UNIT DEVELOPMENT REVIEW OFPARKSIDEATANDOPER STATION, AN URBAN RESIDENTIAL PLAT LOCATED NORTHWEST OF THE INTERSECTION OF HANSON B 0 ULE VARD AND BUNKER LAB'E BOULEVARD. Mr. Bednarz explained the Planning and Zoning Commission is asked to review the Preliminary Plat with Planned Unit Development (PUD) review for the residential component of Andover Station North. Mr. Bednarz discussed the staff report with the Commission. Commissioner Jasper asked what the spacing was on the eight -plex building, building to building. Mr. Bednarz stated there is on the preliminary plat a setback minimum chart, which will show the spacing. . Chairperson Daninger stated this was similar to the project by Target on the south side of Station Parkway. Mr. Bednarz stated this was correct. The minimum distance is 21.3 feet for a private driveway to the common drive of the 8 plex's. Mr. Leon Opatz, RLK Kuusisko, stated they show 62.8 feet between the buildings as a minimum, some have more space between them. Commissioner Kirchoff asked when the rest of the street will go through the park. Mr. Bednarz stated it is his understanding that construction of the ball fields and the park facilities are tied to the sale of the property within Andover Station North. There is demand for the facilities even now and as properties are sold, that will create some of the dollars that are necessary to do that development. Chairperson Daninger asked where the identification sign will go and how many. Mr. Greg Schlink, Brugemann Properties, stated the entrance sign will be at Jay Street and the entrance to the project and there will only be one sign. Motion by Kirchoff, seconded by Casey, to open the public hearing at 8:34 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Greenwald, Vatne) vote. • There was no public input. Regular flndover Planning and Zoning Commission Meeting Minutes — January 8, 2005 Page 11 they will be paying the full park and trail fees and will seek credit for the amount of trail they put in that is a public trail that meets the City standard. Motion by Kirchoff, seconded by Casey, to recommend to the City Council approval of Resolution No. , approving the Preliminary Plat and Planned Unit Development with item eleven, a lot depth of 100 feet to be added. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Greenwald, Vatne) vote. Mr. Bednarz stated that this item would be before the Council at the March 1, 2005 City Council meeting. WORKSESSION.• a. Zoning Ordinance Update i. City Code 12 -6 -5 B. 2. Accessory Building Location Mr. Vrchota stated this section directs readers to section 12 -3 -4 (Minimum District Requirements). Part 2 requires that accessory buildings comply with all setbacks from section 12 -3 -4, contradicting part 1. The proposed change will be the reference to section 12 -3 -4 will be eliminated and the correct setbacks will be added. Chairperson Daninger stated they were talking about the continuation of the garage because it is attached. He wondered if this was part of this code. Mr. Vrchota stated this strictly deals with setback requirements for detached buildings. Mr. Bednarz stated in the R -4 District they are limited to 1200 square feet total. In areas where they have between one and five acres, you can match the foundation size of your house. City Code 12 -6 -5 -F Mr. Vrchota stated this section addresses accessory structures located nearer to the front lot line than the principle structure. It currently requires that the finish materials to be similar to and compatible with those on the principle structure. The City has been applying a policy requiring the finish materials on accessory structures to match finish materials on the principle structure. The purpose of this is to ensure that a high visual standard is maintained along street site lines. E Regular Andover Planning and Zoning Commission Meeting Minutes — dlanuary 8, 2005 Page 13 iii. City Code 12 -8 -7 Bulk Liquid Storage Mr. Bednarz stated there is no clear definition of what constitutes bulk liquid storage as regulated by City Code. The Fire Department currently requires a permit before installation, repair, removal or alteration. It should be made clear in this section what is specifically regulated, and that it should be properly permitted by the Fire Department. Our Fire Department needs to have knowledge of special hazards that exist within the community and this Code section will enable that to happen. The proposed change will include a new definition since one does not currently exist. Under Part A, it is recommended that the threshold for what constitutes a liquid storage tank (that is to be regulated) shall be established. This should also be shown as a Conditional Use where appropriate in the uses table. The districts that this will be listed as a Conditional Use are R -1 (Single Family -Rural Agricultural Uses Only), NB (Neighborhood Business), SC (Shopping Center), GB (General Business), I (Industrial). There should also be a provision added that enables public agencies (school district, city, county, state) regardless of the zoning district they are located in to request a • Conditional Use Permit. The Fire Department has reviewed the wording of this section and is acceptable to them. The code should also have a provision that a permit is required from the Fire Department to install, alter, repair or remove a tank covered under this provision of City Code. The section that established a sunset date (B.3.) should be removed from the City Code, since that five year grace period has long since expired (in 1975). Commissioner Jasper asked why one thousand gallons. Mr. Bednarz stated during research this was found to be a common number used. Commissioner Jasper stated he would like to see more information to allow them to make a rationale choice as to what that number is. Commissioner Jasper stated in 12- 8 -7 -c, farm tank is under one thousand gallons and tanks of one thousand gallons or less for holding heating oil but as he read, does not apply to any tank under one thousand gallons so he does not know if any of the exceptions are necessary and not redundant and confusing. If they change this amount to 250 gallons then the exceptions may be valid. Commissioner Holthus asked if there was any verbiage in the code if the tank was not used anymore, is there anything the City requires them to do with the tank. Mr. Bednarz stated there are not really City regulations but they are • 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 Planneti� FROM: Andy Cross, Associate Planner Ar- DATE: March 8, 2005 SUBJECT: PUBLIC HEARING Lot Split (05 -06) to create two urban residential lots from property located at 14351 Crosstown Boulevard. INTRODUCTION The property owner is seeking to split the subject property (Lot 1, Block 1, The Oaks) into two urban residential lots. The existing house will remain on one of the lots. DISCUSSION Parcel A complies with all the requirements of the R -4 zoning district. Parcel B will conform to the district's requirements based on Chapter 12 -3 -4 -A of the City Code, which reads as follows: . 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. Parcel B meets Lot Width and Area requirements and 90% of the zoning district's Lot Depth requirement. Lot depth is measured by calculating the average of three lines: the two side lot lines and a line from the middle of the front lot line to the middle of the rear lot line. In this case the average is 117 feet, which is 90% of the required 130 feet. 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: L Attachments Resolution Location Map Certificate of Survey ACTION REQUIRED The Planning and Zoning Commission is asked to recommend approval of the proposed lot split subject to the conditions listed in the attached resolution. Respectfully submitted, Andy Cross Associate Planner Cc: Ken & Cheryl Orttel, 2772 Bunker Lake Blvd NW, Andover, MN 55304 • i 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 side lot lines and a ten -foot drainage and utility easement along the rear lot lines of Parcels A and B. 2. Parcel B shall be connected to City sewer and water. 3. The applicant shall be required to pay a Trail fee in the amount of $565. 4. The applicant shall record the lot split with Anoka County. 5. The new deeds for the property shall contain the legal descriptions included in this resolution. 6. That the lot split be subject to a sunset clause as defined in City Code Title 13 Chapter 1. Adopted by the City Council of the City of Andover on this day of 2005. • CITY OF ANDOVER ATTEST: Mike Gamache, Mayor Victoria Volk, City Clerk T ( Y� T J O F itYE • 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 Planne* FROM: Chris Vrchota, Associate Planner 641 SUBJECT: PUBLIC HEARING: Residential Sketch Plan for Sophie's South on property located southwest of Crosstown Boulevard NW and the Burlington Northern Railroad. DATE: March 8, 2005 INTRODUCTION The Planning Commission is asked to review a sketch plan containing 88 urban residential lots. This item was pulled from the February 22 Planning Commission meeting at the request of the developers, so that they could address a number of issues raised by the adjoining property owner. DISCUSSION Conformance with Local Plans The proposal conforms to the Urban Residential Land Use Classification and Single Family Urban Residential (R -4) Zoning District. The property is currently zoned R -1- Single Family - Rural, and will need to be rezoned at the time that the Preliminary Plat is presented. Exception Property The property at 1140 Crosstown Boulevard is not a part of this sketch plan or development. The lot and existing single - family dwelling will remain as they are. Access Access will be provided from Crosstown Boulevard NW (County Road 18). Additional right -of- way will need to be granted to achieve a 60 -foot right -of -way on the south side of Crosstown Boulevard. The primary road leading into the development will be Xeon Street. Xeon Street will be aligned with the access to Sophie's Manor on the north side of Crosstown Boulevard. The right -of -way for this access needs to be 66 feet wide. 51.7 feet of right -of -way are shown on the sketch plan. This will provide enough space to construct the necessary street improvements. Additional right -of -way will be acquired at the time 1140 Crosstown Boulevard develops. The City is working towards constructing the necessary improvements to Crosstown Boulevard in the summer of 2005. The intersection improvements will be paid for with funds collected from each of the developments that will use this access. The developers have indicated that they are willing to work with the City to grant the necessary right -of -way and temporary work easements to facilitate the construction of the improvements on the south side of Crosstown 10 Boulevard. Staff is awaiting additional comments from the Anoka County Highway Department (ACHD). Outlots There is one outlot on the sketch plan. The outlot lies on the eastern side of the Burlington Northern Railroad Line and cannot be incorporated into this development. The outlot will be incorporated into future urban development of the property to the east. Existing Structures All existing structures on the property are to be removed. Park Dedication The Park and Recreation Commission reviewed the sketch plan at their February 17 meeting. They recommended that Lots 7, 8, and 9 (Lots 8, 9, and 10 on the previous plan) of Block 2 be dedicated as park land. Ghost Sketch The ghost sketch to the south of the subject property indicates one way that these properties could develop in the future. As previously mentioned, the owner of this property has submitted an informal sketch plan for this property that is substantially different. Coordination with other Agencies The developers and/or owners are responsible for obtaining all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Lower Rum River Watershed Management organization, Anoka County Highway Department, 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. The developer is also required to meet all other applicable ordinances, including: • 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 Attachments Location Map Sketch Plan Sketch Plan with Ghost Plat Park Commission Meeting Minutes ACTION REQUESTED The Planning Commission is asked to review the sketch plan and to suggest any modifications it feels necessary. Respectfullyitted, Chris Vrchota Cc: Marty Harstad, 2195 Silver Lake Rd., New Brighton, MN 55112 Todd Ganz, 16015 Central Ave. NE Ste. 101, Ham Lake, MN 55304 • / r4 \F [ F 1° 4 ry — �E a �£ sczoz z n• °� f • p j� ° CCZa �° s �� °3 °��"u 2 C> t ,a "g ooi >g _ ^a Fa "o��9s � O O,m ci me're ° n. s9 °° In s �$ 2 s z3 N'g$zr 9i / lost - - a o il \, e� ? T_ — I E t `, is 'i' e \ ♦, \ . � 1 I _ v • E o�mm m _ ?J S , � Jr \ s \\ K 1 I P Poo- � �[�' E m �m 0 ♦ • / r4 \F [ F 1° 4 ry — �E a �£ sczoz z n• °� f • p j� ° CCZa �° s �� °3 °��"u 2 C> t ,a "g ooi >g _ ^a Fa "o��9s � O O,m ci me're ° n. s9 °° In s �$ 2 s z3 N'g$zr 9i / lost - - a o il \, e� ? T_ — I E t `, is 'i' e \ ♦, \ . � 1 k u I 1�R P �Illtttt ''4 v 1 �w 4 C In N0 z1--"YO \� mine 1 /yp ®o VOr4 -= Z. 7 : F =m Z - o ( Z ' Q3 n D 7 0 a i K I N k a o O F y9B ry I �3 S I I I _ • E 22 e. , � Jr \ s \\ K 1 I r k u I 1�R P �Illtttt ''4 v 1 �w 4 C In N0 z1--"YO \� mine 1 /yp ®o VOr4 -= Z. 7 : F =m Z - o ( Z ' Q3 n D 7 0 a i K I N k a o O F y9B ry I �3 S I I I _ I r � E e.\�4 • b \ I 4 4 [ . f y n \ \ .. A b` Iw y I \m p 4 i ? F _.e— _ ,voa_s sze � •.. F . BURLINGTONILfO�CU — �- — —�— — L-1 PARKAArb C ATION COMMISSION MEETING — FEBRUARY 17, 2005 \\ MINUTES The Regular Bi-MonthXMeeting of the Andover Park and Recreation Commission was called to order by Chairm Jim Lindahl on February 17, 2005, 7:06 p.m., at the Andover City Hall, 1685 Crosstown Bbqlevard NW, Andover, Minnesota. Commissioners Present: Meg Dave Blackstad, Chairman Jim Lindahl, Ernest \item endy Albee. Commissioners Absent: Dan Mvon Walton Also Present: Parks dd Haas An amendment was made to the agenitem Parkside at Andover Station/Park Dedication Requiremen endy Albee took the oath of office ecreation Co issioner for the City of Andover. RESIDENTS FORUM There were no continents at this time. APPROVAL OFMINUTES Commissioner Blackstad made a correction that page three, paragraph seven of the January 20, 2005 minutes be amended to correctly spell his last name; Blackstad. Motion by Commissioner Blackstad, seconded by Commissioner Bedor, to approve the January 20, 2005 Park Commission minutes as amended. Motion carried on a 5 -ayes, 0- nays, 2- absent (Masloski and Walton) vote. SOPHIE'S SOUTH SKETCH PLAN Mr. Haas explained that this item is in regard to reviewing and determining the park dedication requirements for the proposed Sophie's South sketch plan, either cash, land, or a combination of both. Chairperson Lindahl gave a description of the location as in the distance from city hall and major roadways. Regular Andover Park & Recreation Commission Meeting Minutes — February 17, 2005 Page 3 Commissioner Bedor asked if the park could be placed closer to the center of the development. Commissioner Dudgeon asked if there were any concerns about the park site being adjunct to the railroad. Mr. Haas answered that the Park Commission generally stays away from the railroad, and suggested placing a park further into the development to the south in order to service a larger area. Commissioner Bedor said that if the park will serve a larger community then it should probably be a larger park and more lot spaces should be considered. Mr. Haas said that the Commission could also consider the proximity of parks to local schools. He also said that a trail system will be installed on the south side of Crosstown Boulevard, and access to the park from the trail system would be beneficial. Chairperson Lindahl said that either the Commission can wait until the southern parcel is developed to decide on a park location or it can set aside a single lot within the Sophie's South Development as a park, but this can cause issues in regard to maintenance. • Commissioner Blackstad said that the Commission should set aside two or three lots, or not create the park at all. Commissioner Albee asked if a few lots were taken prior to development, could the park be made larger at a later date. She said that as a mother of young children that she would not walk all the way from this development to City Hall in order to enjoy the park. Chairperson Lindahl said that perhaps Lots 9 and 10 on the south side could be taken and then two more adjacent lots could be taken from the next development. Commissioner Blackstad said that the same plan could be used at Lots 5 and 6. Chairperson Lindahl said that the location of Lots 5 and 6 is near an older demographic housing area, and asked what the pricing and target market of the development would be. Mr. Haas answered no, the price point is not known and perhaps more information will come forth when the developer meets with the Planning Commission. Commissioner Blackstad offered that Lots 8, 9, and 10 on street Two could be taken and when the development comes in to the south then the adjacent two lots could be added with a trail to access both streets, and the balance of the agreement will be taken in cash. He asked if City staff would talk to the developer about doing something similar to what Walden is doing. • F -tLNDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 Is FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planna f SUBJECT: WORK SESSION: Zoning Ordinance Update DATE: February 22, 2005 INTRODUCTION Please find attached the following proposed code revisions: • City Code 12 -10 Home Occupations • City Code 12- 10 -6D. Terminating a Conditional Use Permit • City Code 12- 11 -3B. Change of Land Use • City Code 12 -9 Service Stations DISCUSSION Staff will present each item individually to the Planning Commission. is ACTION REQUESTED Please discuss and make a recommendation for each item. Attachments City Code 12 -10 Home Occupations City Code 12- 10 -6D. Terminating a Conditional Use Permit City Code 12- 11 -3B. Change of Land Use City Code 12 -9 Service Stations Res ctfu�ll submitted, y ' /� ednarzz B. Number Of Employees: The number of employees shall be Iimited to one person on • site in addition to family members. (Amended Ord. 8, 10 -21 -1970) C. Amount Of Building Space Used: The area within the principal structure used by the home occupation shall not exceed twenty percent (20 %) of the dwelling's livable floor area. Basements may be included if they meet all state building code requirements. (Amended. Ord. 8,10-21-1970; amd. 2003 Code) D. On Site Sales: On site sales shall be prohibited, except those clearly incidental to services provided in the dwelling. E. Dwelling Changes: Any interior or exterior alterations of a dwelling for a home occupation shall be prohibited, except those customarily found in a dwelling. F. Vehicles: Vehicles associated with a home occupation shall be limited to one vehicle on the premises (said vehicle shall not exceed gross capacity weight of 12,000 pounds). G. Signs: Signs shall be regulated as stated in section 12 -14 -9 of this title. H. Performance Standards: No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property. I. Supervision: The home occupation shall be conducted by at least one member of the family who resides in the dwelling unit. J. Building And Safety Requirements: The home occupation shall meet all applicable fire and building codes. (Amended Ord. 8, 10 -21 -1970) 12 -10 -3: HOME OCCUPATIONS IN ACCESSORY STRUCTURES: EXTERIOR STORAGE REQL4REDi A. Conditional Use Permit Required: A conditional use permit shall be required for the following home occupations that are located in an accessory structure or detached garage and/or require exterior storage: 1. Cabinet making. 2. Woodworking. 3. Repair services. 4. Similar uses as those stated in subsections Al through A3 of this section. 0 • .,t ae4 , nditio s 1, sat ed , site beeatien and size ef extffier- storage (all e*4er-ier sterage sW1 eefa* with seefien 1-2 l A C o f thi title s ng ) Th h t' 1. ll of ' i ..F 4 ...l.e eel• or Y''2IVIII0'OCJIIC[IP] C1II C0[SC� Il � '> � I' J . of the _ •. • 1 12 -10 -5: CONDITIONAL USE PERMITS: Conditional use permits granted in section 12 -10 -3 of this chapter shall follow the criteria established in section 12 -15 -6 of this title. These permits shall be valid for one year from the date of issuance (unless otherwise specified in the resolution for approval) and thereafter shall be automatically renewed each year unless objections or complaints are received or the conditions of the permit are not adhered to. (Amended Ord. 8, 10 -21- 1970) • 12 -10 -8 IN HOME BEAUTY SALONS AND BARBERSHOPS In home beauty salons/barbershops shall be subject to the following: A. Compliance with Title 3, Chapter 6 of the City Code A B. Drawings Submitted: Drawings detailing the salon/shop shall be submitted at the time of the request for the conditional use permit. B C. Compliance With State Requirements: The salon/shop must comply with the state cosmetology board and the state barbers board requirements. ED. Number Of Chairs: One chair salonibarber only. P E. Hours Of Operation: The hours of operation shall be approved by the city council. B F. Parking: Parking requirements shall be as set out in section 12 -14 -10 of this title. liG. Nonsewered Areas: 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. 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) 12 -10 -9: VESTED RIGHTS: No home occupation allowed by conditional use permit or special home occupation permit shall confer upon any person or to the benefit of any property owner any vested right. Rather, the use shall remain subject to all conditions of the permit as established by the city. The city may find it necessary from time to time to review the conditions of the • 12 -11 -3 CHANGE OF USE — NONCONFORMING LOTS Background The language that regulates the alteration of nonconforming uses is confusing and open to interpretation. 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. 12-11-3: CHANGE NG OF 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. r- estFi e ted ,.i fi tier ( Amended en d e d Or-d. o 10 21 i omen` The structure or area within which a nonconforming use is contained may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered. C. A nonconforming use shall not be expanded so as to incorporate more employees generate increased amounts of product, or otherwise increase in scale or scope from its inception. 0 • - MrWTrrrWff,. ORION The following definition should be added to section 12 -2 and to the conditional uses table in section 12 -13: AUTOMOBILE SERVICE STATIONS. All premises whereon the owner or occupant conducts the business of furnishing selling or dispensing motor fuel and liquified petroleum for motor vehicles These regulations shall also pertain to automobile repair, service and painting establishments. 12-8-11: The regulation of automobile service stations strives to achieve compatibility of these stations with adjacent and abutting land uses. In addition, such regulation is intended to protect the public health safety and general welfare by mitigating and potentially detrimental aspects of automobile service stations including potential traffic hazards, noise, light glare at night, outdoor storage of merchandise, indiscriminate advertising, • environmental health hazards, and the like. Automobile service stations shall be subiect to the following: A. All new buildings, the site, tanks, piping and di ensimg stations, shall comply with the current provisions of the International Building Code, Minnesota State Fire Code, and all provisions related to underground liquid storage systems required in section 1245 -7 of this code. B. Building permits shall not be issued for new construction or remodeling of facilities unless Fire Department approval has been received. C. Hours of operation will be approved by the City Council. D. The site plan shall show parking areas for customers, employees service vehicles and those needing repair; and no other areas of the site will be allowed vehicle parking. No vehicle shall be parked awaiting service longer than ten f 101 days. Inoperable vehicles are regulated Per section 6-5 of city code. E. Pump islands are subject to setback and yard requirements. F. Exterior storage and sales shall onlv be allowed a_s_ap —ro through the conditional use permit. •