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HomeMy WebLinkAbout03/22/05X �ry O� D-6 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 22, 2005 Andover City Hall Council Chambers 7.00 %m. 1. Call to Order 2. Approval of Minutes — March 8, 2005. 3. PUBLIC HEARING: Residential Sketch Plan of a single family urban residential development on property located southeast of the intersection of Andover Boulevard and Prairie Road NW. 4. PUBLIC HEARING Conditional Use Permit (05 -07) to allow on and off sale liquor on property located at Lot 5, Block 1, Andover Clocktower Commons. • 5. PUBLIC HEARING: Rezoning (05 -03) to change the zoning designation from R -1, Single Family Rural Residential to R -4 Single Family Urban Residential for property located at 665 140 Lane NW. 6. PUBLIC HEARING: Lot Split (05 -07) to create two urban residential lots from property located at 665 140 Lane NW. 7. PUBLIC HEARING: Conditional Use Permit (05 -06) to retain existing garage prior to construction of principal structure at 665 140 Lane NW. 8. PUBLIC HEARING: Rezoning (05 -04) to change the zoning designation from R -1, Single Family Rural Residential to R -4 Single Family Urban Residential for property located at 1341 161 Avenue NW. 9. PUBLIC HEARING: Preliminary Plat of a single family urban residential development to be known as Emmerich Estates located at 1341 161 Avenue NW. 10. WORK SESSION: a. Zoning Ordinance Update i. City Code 12 -13 Uses ii. City Code 12 -13 1 B Animals iii. 12 -14 Performance Standards 0 11. Other Business 12. Adjournment • 'AND OVE 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 Planner SUBJECT: Item 2. Approval of Minutes - March 8, 2005 DATE: March 22, 2005 Request The Planning and Zoning Commission is asked to approve the minutes from the March 8, 2005 meeting. 0 9 C I T Y O F 0 -A ND0W 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 — MARCH 8, 2005 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on March 8, 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, Dean Vatne, Michael Casey and Valerie Holthus. Commissioners absent: Commissioner Jonathan Jasper. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others II APPROVAL OF MINUTES. February 8, 2005 Motion by Kirchoff, seconded by Casey, to approve the minutes as presented. Motion carried on a 4 -ayes, 0 -nays, 2- present (Greenwald, Vatne), 1- absent (Jasper) vote. PUBLIC HEARING. LOT SPLIT (05 -06) TO CREATE TWO URBAN RESIDENTIAL LOTS FROM PROPER TY LOCA TED A T 14351 CROSSTOWN BOULEVARD NW. Mr. Cross explained 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. Mr. Cross discussed the staff report with the Commission. Commissioner Greenwald asked if the petition was just a formality. Mr. Cross stated it is a requirement that the urban properties need to be connected to City sewer and water. It is in the resolution. • Regular Andover Planning and Zoning Commission Meeting Minutes — March 8, 2005 Page 3 • PUBLIC HEARING: RESIDENTIAL SKETCHPLAN FOR SOPHIE'S SOUTH ON PROPERTYLOCA TED SOUTHWEST OF CROSSTOWNBOULEVARD NWAND THE BURLINGTONNORTHERNRAILROAD. Mr. Vrchota informed the Planning Commission that they were asked to review a sketch plan containing 88 urban residential lots. This item was pulled from the February 22 "d Planning Commission meeting at the request of the developers, so that they could address a number of issues raised by the adjoining property owner. Mr. Vrchota summarized the staff report with the Commission. Commissioner Kirchoff stated he got the impression regarding the culvert, that there is a ten foot difference between the culvert and where the land is. Mr. Bednarz stated this is the difference in elevation between the two properties. Commissioner Greenwald asked in regards to the cul -de -sac, if the sketch plan was changed because of resident pressures because from what he read, the Fire Chief was in favor of the plan with two access points. Mr. Vrchota stated a sketch plan was submitted earlier with two accesses and after discussions with the neighboring property owner, the revised sketch plan was submitted that showed a cul -de -sac. Mr. Bednarz stated if was important to note that a street connection is not possible without cooperation from the • adjoining property owner because there is a gap in land between where the cul -de -sac is shown and where the street presently exists. Mr. Vrchota stated the street was currently stubbed and there are approximately 150 feet where the road ends and the southern part of the development. Commissioner Kirchoff asked what the purpose of the exception was. Mr. Vrchota stated it was a single family home parcel and would not be included in the plan. Commissioner Vatne stated one of the questions that comes up, in terms of minor versus major collector streets, the Council tabled discussion of putting in precedent basically a differentiation between the different collector types. He wondered if there was any time frame when they will be re- addressing that with the transportation plan. Mr. Bednarz stated the Council had a general discussion in regards to changes to the transportation plan they wanted to make. He thought they were hopeful that early this year as a part of a work session or goal setting session they would outline those in more detail. Motion by Greenwald, seconded by Casey, to open the public hearing at 7:26 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Jasper) vote. Mr. Winslow Holasek, 1159 Andover Boulevard, read a letter he wrote to the Commission regarding the residential sketch plan of Sophie's South. He showed a ghost • plat that was prepared for his property. He stated they would be opposed to any direct street connection from the southwest corner of their development stubbed toward 152 "d Regular Andover Planning and Zoning Commission Meeting Minutes — March 8, 2005 Page 5 pouring down Winslow Hills or Yellow Pine but he was frustrated that they will not connect Avocet because the County will not allow them. He thought they should connect Avocet and lower the speed limit on Crosstown. Mr. Jim Stiega thought they should keep the road a cul -de -sac because it will make the area safer for everyone. Mr. Dave Jordy, 1354 152 d Lane, stated he has been hearing the comments and agrees generally with what people are saying but if they do not put in a through street they will have everyone including Mr. Holasek's property constrained to Yellow Pine. He stated if Avocet is not a part of the project, they will only have the one access along with Yellow Pine to take on all the added traffic. Mark Wheelman, 15029 Avocet, stated he was at the meeting to support Mr. Holasek. He stated they have an issue with traffic moving fast through the neighborhood. Based on the information, he was sure the neighbors will be at all the meetings. Mr. Jackson wondered what would be the process with preserving natural areas in Andover and how he could become involved. He wondered if there was a traffic count on Constance. Chairperson Daninger noted there is a traffic count and there will be a tree preservation plan with the preliminary plat. Mr. Bednarz suggested the resident review the City's tree preservation policy and tree planting requirements and provide any comments to staff. Ms. Sandy Wilden, 15029 Avocet, stated Mr. Holasek has spent a lot of time and effort in keeping the property he had for Winslow area. She stated they have approximately thirteen species of trees on their land and have an acre in the City. She would be in favor of keeping a cul -de -sac and because opening up Yellow Pine will bring so much more traffic to it. Right now they have a lot of wildlife in the area and tons of trees. She stated Mr. Holasek has thought this all out. She thought it would be nice to keep some of the older neighborhoods as they were developed years ago. She would like them to consider keeping the cul -de -sac because it makes a big difference. Mr. Stiega stated he has met with Ducks Unlimited and Mr. Bednarz stated the City is responsible for cleaning the ponds out. He stated Mr. Holasek had a great idea and there is a pond on 150 that needs to be cleaned out but the City will not clean it out. He wondered why they need to put more homes in if they cannot take care of what they have. Mr. Jim McLaughlin, 1424 152 "d Lane, asked why Avocet was not shown on the plan. Chairperson Daninger stated the developer presented the sketch plan he wanted. Mr. Mahn asked in future meetings regarding this project, can they get a representative from the County and the Fire Chief to answer questions. Chairperson Daninger stated Regular Andover Planning and Zoning Commission Meeting Minutes — March 8, 2005 Page 7 i Commissioner Holthus stated by having two entrances on the one side of Crosstown Boulevard, invalidates the reason for not putting two entrances on the other side of the street. Commissioner Vatne stated his concern was having driveways on a collector street. Commissioner Greenwald stated his recommendation when they present this to the County is to find out why they allowed the connection on one side of the street but not on the other. Commissioner Holthus questioned why the sketch plan did not have Avocet going through. She wondered if the previous sketch plan they received showed Avocet going through. Mr. Bednarz indicated it did not. Mr. Todd Gans, developer, stated he showed the sketch plan to the County with the Avocet connection and it was asked for it to be removed. He noted he tried to include this in the plans many times and was asked repeatedly by the County to remove it and not to put it in the plans again. He stated in reference to the ingress, egress for emergency purposes, there is a fifty foot easement along the southwest corner for drainage and he proposed there be an access for emergency vehicles in this area. . Commissioner Holthus asked if this was the intent on the other cul -de -sac also. Mr. Gans stated they are considering that but presently the easement will go through a pond. Commissioner Holthus asked how deep the smaller ponds will be. Mr. Gans stated they are four to six feet deep and will need to hold a lot of water. Commissioner Vatne asked what plans Mr. Gans had in order to preserve trees in the development. Mr. Gans stated because of the water retention, they will need to do extensive grading on the property. He stated they try to keep as many as trees as possible but there will need to be massive grading done on the property. Commissioner Vatne stated tree preservation was very important to the Commission and he expected the developer, when he appeared before them again, to explain in detail how he plans on saving more trees, even if it means lowering the density. Commissioner Holthus asked if there was any trail proposed along Crosstown Boulevard. Mr. Bednarz stated there is one in the City's Transportation Plan. This trail would be constructed by the City with trail fees most likely when the road would be expanded by the County. Chairperson Daninger stated overall they are comfortable with the sketch plan but would like to have the Avocet entrance reviewed again. i Regular Andover Planning and Zoning Commission Meeting Minutes — March 8, 2005 Page 9 • two estFie4ed elassifie (Amended en d e d n_a 8 21 i mm and replaced with The structure or area within which a nonconforming use is contained may not be extended, enlarged, reconstructed, substituted, moved or structurally altered. iv. City Code 12 -9 Service Stations Mr. Bednarz explained staff will edit the information and move the pertinent information needed to regulate service stations to the "Requirements for Specific Conditional Uses" and make a new section (12- 8 -11), then delete the entire chapter as it currently exists. Commissioner Vatne stated under 12 -8 -11, second sentence from the end, recommend changing "and the like" to "Etc." He noted one of the things that were eliminated was previously under 12 -9 -1, "screening of garbage and refuse storage areas" he read this to be recycling of oil and things like that and he did not recall that being called out in the new one unless it is contained under 12 -8 -7. Mr. Bednarz stated there is a general statement under Item F which addresses a number of miscellaneous items but they will be addressing screening of trash enclosures and dumpsters in a section specific to screening and they will have requirements for trash enclosures, that they be compatible to the principle structure and that they provide space for the dumpster and recycling facilities in a separate section for all commercial and industrial uses and they will not allow discarded parts to lay around whether screened or not. Commissioner Vatne stated under Item D, specifically it states ten days, he thought this was a change from the previous where it referenced thirty days. He thought this was appropriate. Mr. Bednarz stated this was correct because it was a more realistic time frame for ordering parts and receiving service. Commissioner Greenwald asked if the hours of operation could be changed. Mr. Bednarz stated they would have the opportunity to amend the hours through the City Council. Chairperson Daninger asked on the "E" portion, what is meant by the yard portion. Mr. Bednarz stated it meant setbacks. Chairperson Daninger asked in Item D, what if they violate, do they need to have enforcement. Mr. Bednarz stated the purpose of referring to Section 6 -5 of the City Code is because they do have a very specific procedure in that section and that is what they intend to follow to be consistent. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz mentioned that they have received four new residential development applications. He noted Target is now open. i 3 ANDOVE 0 6.6iT 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 Plann r# SUBJECT: PUBLIC HEARING: Residential Sketch Plan for property located southeast of the intersection of Andover Boulevard and Prairie Road NW. DATE: March 22, 2005 INTRODUCTION The Planning Commission is asked to review a residential sketch plan for a single family urban residential development including all of the highlighted properties shown on the attached location map. DISCUSSION Background The sketch plan is intended to illustrate how the entire area can be developed. It is important to • note that not all of the property owners in this area are interested in development at this time. Property ownership or written consent from the property owners is necessary to process a preliminary plat. Conformance with Local and Regional Plans and Ordinances 1. The property is located within the 2020 MUSA Boundary and within the current stage of sewer expansion. 2. The property is zoned Single Family Rural Residential (R -1). A rezoning to Single Family Urban Residential (R -4) will be necessary to allow the project to move forward. Access Access would be provided from both Andover Boulevard and Prairie Road as shown on the attached sketch plan. Sixty six feet of right -of -way will be required for both of the new local streets at these intersections to allow sufficient space for three lanes of traffic. The access to Prairie Road is approximately 750 feet from the intersection with Andover Boulevard. This location provides adequate spacing, avoids existing structures and will allow a street extension west of Prairie Road for future residential development. The developers will be responsible for a proportionate share of left, right and through lanes for the north and south legs of the intersection. The access to Andover Boulevard was reviewed with the Anoka County Highway Department earlier this year. The location will provide adequate spacing from the intersections with Prairie Road to the west and University Avenue to the east. This access will be utilized exclusively by the proposed development. As a result, the developers will be responsible for the entire cost of intersection improvements required by the Anoka County Highway Department. Although a . 5. There are a number of existing homes within the sketch plan. The preliminary plat will need to illustrate and address each structure. This includes the structures at 264 and 308 Andover Boulevard for which lot splits were previously reviewed by the Planning Commission. Moodplain and Wetlands A significant amount of floodplain exists along the north side of Coon Creek. Flood fringe, flood way and wetland areas will all need to be delineated on the grading plan for the preliminary plat to ensure lots proposed adjacent to these areas will be buildable. Areas of floodway impact (fill) and mitigation are shown in the southwestern area of the sketch plan. It is important to note that a separate process involving the Federal Emergency Management Agency (FEMA) would need to be completed before a preliminary plat for lots that propose floodway impact could be reviewed by the City. If this area of the sketch plan can be developed, it will most likely be part of a future phase after the process with FEMA has been completed. Coon Creek Watershed Management Organization (CCWMO) Once the overall layout of the sketch has been agreed upon, the developers will prepare a grading plan, hydrology calculations and a soils report that will be reviewed by the City, an engineering consultant and the CCWMO. The CCWMO will need to have reviewed the preliminary plat and the developer will need to address any issues that are raised during that review before a public • hearing will be scheduled for the preliminary plat. Southwest Corner of Sketch Plan The two properties at the southwest corner of the sketch plan are not proposed for development at this time. However, it is important that these properties be evaluated and that a street connection be provided at a location that will allow efficient development to occur in the future. The proposed street connection near the entrance from Prairie Road is angled to avoid the existing home at 14367 Prairie Road. The location of streets beyond this point and the resulting lots will likely be affected by field delineation of the floodplain and any proposed floodway impact/mitigation in the future. South End of Butternut Street NW The two southernmost properties on either side of Butternut Street NW are also not proposed for development at this time. There are existing structures as shown on the attached sketch plan. The design of the sketch for 14329 Butternut Street NW would need to be modified if the cut -de- sac were to be connected to Butternut Street NW. The sketch for 14328 Butternut Street would cause the existing house to be moved or removed to allow the cul -de -sac as shown. Trail System A trail presently exists on the south side of Coon Creek in alignment with Butternut Street NW. A bridge over the creek will need to be constructed in conjunction with the proposed development. The bridge would be constructed with funds from the City's trail fund. The Council will need to determine the exact route the trail will take. 3 Urban Residential Sketch Plan I* N W E 8 AN Project Location Map Layout Name: LOCATION MAP LAYOUT Project Location: H: \GISDATA \PLANNING \PROJECTS \NEWCASES.APR Date Printed: 03/16/2005 - 02:22:55 PM d4 ' C I T Y Q F ND OVE • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MWUS TO: Planning and Zoning Commiss ners FROM: Courtney Bednarz, City Planne7 SUBJECT: PUBLIC HEARING Conditional Use Permit (05 -07) to allow on and off sale liquor on property located at Lot 5, Block 1, Andover Clocktower Commons. DATE: March 22, 2005 INTRODUCTION The development was previously granted a conditional use permit for on sale liquor on Lot 4. The applicant is seeking approval of a conditional use permit to allow on and off sale liquor for the retail building within Andover Clocktower Commons. DISCUSSION The intent of this application is to allow on and off sale liquor in any one or combination of retail spaces within the future building on Lot 4. Due to the fact that the building has not been constructed and tenant spaces have not been assigned, the permit is intended to allow flexibility. The purpose of this review is to determine if on sale liquor is an appropriate use for the property. • If the use is deemed appropriate, the Council may attach reasonable conditions to ensure that the use will be in keeping with the character of the surrounding area. City Code 3 -1 prohibits on and off liquor establishments within 1,000 feet of public or privte schools. The City Council has established that this measurement is made from building corner to building or leased space corner. The attached graphic indicates the distance from Andover Elementary and the Oakview Middle School to the future retail building exceeds 1,000 feet. A representative of the Anoka/Hennepin School District has indicated their concern with liquor serving establishments in close proximity to schools. The number of on -sale liquor licenses that may be issued is regulated by the State. In cities of the second class (population between 20,000 and 100,000) not more than 18 licenses plus one per 2,500 population over 45,000 can be issued. Presently, three licenses of this variety have been issued. ACTION REQUESTED The Planning Commission is asked to recommend approval of the Conditional Use Permit. Attachments Location Map Applicant's Letter Distance frgm Schools Graphic Cc: Landform c/o Dar�en Lazan 650 Butler North Building 510 First Avenue North Building Minneapolis, MN 55403 , Conditona{ Use Permit On and Off Sale Liquor Lot 5, Andover Clocktower Commons N • W�E S C I T Y O F NDOVE Project Location Map Layout Name: LOCATION MAP LAYOUT Project Location: H: \GTSDATA \PLANNING \PROJECTS \NEWCASES.APR Date Printed: 03/14/2005 - 11:20:10 AM Attached you will find a variety of exhibits that should assist you in your review. As we have discussed numerous times, the proposed Shoppes building is located outside the Liquor Arc as defined by ordinance, and meets all necessary ordinance requirements for approval as requested. The parcel is located within an existing commercial development abutted only by commercial parcels, and poses no significant detriment to the health, safety, and welfare of the public. There are no land use or zoning changes associated with this application. With this letter we respectfully request we be placed on the March 2r Planning Commission and April 5 2005 City Council for approval of the proposed amendment. If you have any questions please feel free to contact me at 612 - 252 -9070. Respectfully, ANDOVER CLOCKTOWER COMMONS, LLC Darren B. Lazan, RLA, ASLA Chief Manager Cc: Judith Krow, Fabyanske, Westra & Hart, P.A. 0 o^ < . p yf •� O� 22�aCi �/ oI•',x >, "' \\ L 8WN o �° �� _ l` iE eE ♦/1 / _ v � sr V • o I i / ybb Z ° 2 I yy t �= r N �i \ \ b "ne sf A '9 e � i w __sTi i ____ _______ _____ s .gar' — — •$tea _ tr_ - CAI •fin i • ^— fs'sst a,s.,n'aax �— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — a 17 38 ' ;r plgfi fl !g t<d s gig t -g 1 0. I , ® 7 pp 7 g y c $s fil Wx •' • �J 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 CC: Courtney Bednarz, City Planne# FROM: Chris Vrchota, Associate Planner DATE: March 22, 2005 SUBJECT: PUBLIC HEARING: Rezoning (05 -03) to change the zoning designation from R -1, Single Family Rural Residential to R -4, Single Family Urban Residential for property located at 665 140' 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: 1. 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. There is urban residential development directly north of the property, and in very close proximity to the south, east, and west. 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, Christopher Vrchota Cc: Kevin Denekamp, 665 140"' Lane NW, Andover, MN 55304 `) — / / - § of 2 / 0 CL _ m Lu w k E �k . & , i 2 k » i / #o Lg � } \ k w \ �) Yj § / k 2 e� | _� > £ 20 2 \ \ m 1:J 2 m .0 2 -28 . [ m k� /\ w \ 2 2 2 � 2 y � (k ~ to 0 � / 2 } � /\ � «§ � s §j , ¢B ®) . z ( \ ' / ® /0 / ) . � ( 0 0 �J 11 C I T Y O F ;;c_ LNDOVE A1685 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: Chris Vrchota, Associate Planner SUBJECT: PUBLIC BEARING: Lot Split (05 -07) to create two urban residential lots from property located at 665 140' Lane NW. DATE: March 22, 2005 The applicant is proposing to convert an existing rural residential lot into two urban residential lots. The property contains an existing house, a detached garage, and a shed. 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. After rezoning, both lots will meet the dimensional requirements of City Code 12 -3 -4 as indicated in the table below: Existing Garage The applicant has indicated that he would like the existing garage to remain on Parcel A. City Code 12 -6 requires a Conditional Use Permit for a garage to exist prior to construction of a principle structure. Please refer to the Conditional Use Permit report for additional information. Existing House The existing house will remain on Parcel B. The house will conform to the R -4 Zoning District setbacks. Existing Driveway Crossing Proposed Property Line The applicant will be required to eliminate the portion of the driveway that exists within five feet on either side of the proposed property line to conform to City Code 12- 14- 10- D -3 -f. • Existing Shed The existing shed is to be removed from the property. R -4 Parcel A Parcel B Requirements Lot Width 80 feet 111.02 feet 138.75 feet Lot Depth 130 feet 185.04 feet 185.04 feet .2617 acres .4716 acres .5894 acres Lot Area (11,400 s.f.) (20,543.14 s.£) 25,674.3 s.f. Existing Garage The applicant has indicated that he would like the existing garage to remain on Parcel A. City Code 12 -6 requires a Conditional Use Permit for a garage to exist prior to construction of a principle structure. Please refer to the Conditional Use Permit report for additional information. Existing House The existing house will remain on Parcel B. The house will conform to the R -4 Zoning District setbacks. Existing Driveway Crossing Proposed Property Line The applicant will be required to eliminate the portion of the driveway that exists within five feet on either side of the proposed property line to conform to City Code 12- 14- 10- D -3 -f. • Existing Shed The existing shed is to be removed from the property. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF KEVIN DENEKAMP TO SUBDIVIDE A RURAL RESIDENTIAL LOT INTO TWO URBAN RESIDENTIAL LOTS FOR PROPERTY LOCATED AT 665 140 LANE NW (P.I.D 36- 32 -24 -22 -0006) LEGALLY DESCRIBED AS: The north 218 feet of the east 249.72 feet of the west 749.16 feet of the north 10 acres of that part of Government Lot 1, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying west of the public road as now located running in a northerly & southerly direction over & across said Lot 1. (Subject to & together with an easement for road purposes over the south 66 feet of the north 25 feet of that part of Government Lot 1, lying west of said public road.) To be divided into properties to be described as; PARCEL A: The north 218 feet of the west 111.00 feet of the east 249.72 feet of the west 749.16 feet of the north 10 acres, Government Lot 1, Section 36, Township 32, Range 24, Anoka County, Minnesota. (Subject to & together with an easement for road purposes over the south 66 feet of the north 25 feet of that part of Government Lot 1, lying west of said public road.) • Also subject to a Drainage and Utility Easement over, under and across the north 10.00 feet and the south 10.00 feet and the west 10.00 feet and the east 5.00 feet of said described property. PARCEL B: The north 218 feet lying east of the west 111.00 feet of the east 249.72 feet of the west 749.16 feet of the north 10 acres, Government Lot 1, Section 36, Township 32, Range 24, Anoka County, Minnesota. (Subject to & together with an easement for road purposes over the south 66 feet of the north 25 feet of that part of Government Lot 1, lying west of said public road.) Also subject to a Drainage and Utility Easement over, under and across the north 10.00 feet and the south 10.00 feet and the east 10.00 feet and the west 5.00 feet of said described property. WHEREAS, Kevin Denekamp, the applicant, has requested approval of a lot split to subdivide a rural residential property pursuant to City Code 13 -1, located at 665 140 Lane NW; and WHEREAS, The Planning and Zoning Commission has reviewed the request and has determined that said request meets all requirements of City Code 13 -1 Splitting Lots, Parcels or Tracts of Land; 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. 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 subject to the following conditions: z 2; ( 0 2 CZ &� 4-1 / {K % / . \ m z %) % ■ # § m . ( , 2 § ° —� LU j uƒ , k c )# a Q L E L !! 2 2 § § k » E § k 2 Ln m \ \< U 7 k0 . 1 .08 - . \A7 \ «q 8= » . > CL M / § �k �■ . / ^ / CL k ca ~�� a ~ ®� ca CD w� 0 $ / ' © 0 i 7| ! ƒk 8a �\ \ ` /D \ )k � e . ; 0 f1'1.6q brw I Woo C R 7 I 6 I Adey R, I I w c a. Sm V —� — � I - - -- 1 Ne.l Aw da E.r+..e I �• E]Mdp rb.r Rbr fiw.r p43 i 1 — 1 I 2 I , EYENTS ' I Z 0 N E I D I ASHWOOD I ES' � I L r m b. � rm� k Qv9 &Whom. /aD. R� ha Nf•e►r Y I✓♦ Y-wr v i Oa.t -Mrr tr taw • r bf.q r. - a Yr few• ••W -0]f -- Desbr 2 Fwt OnW bErW --OM— Darer a Fool anew btm•2 0 rower mw. ebr.b .ap Dseer ®.ebb ex r rwdw.r yf D.mt.. Ffr R1d'• Ga Dneer an and r R D.nsla U#bt Pak N. 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UM sd w *ad AM bd d wN drrrd POWs Rm L.t s Mrr D2 rd yrr� Ebd d w rod moo Not of w End 2072 rd 3L now 21, AWN 6 oM aNWomms L M.e aei. x rdmdo /grbd b .r ba.br d3. w .rw.t r..ee ff ..r be t bei N Mt d w n one EM r 0r Rat r a rMrt Ibt 4 6EV rod rfwr .e.e1 a tam w.t n. w�..e m3E mr w .rt ACV rat of W dm~ PIPS . ad Ob I.d ar f mm or oadw a 6rm= two rntlr mf&r w bw r w Srb r 1.2.4 &,A, R md. - fa..rb IfNrN Lwd 3..Or AYy R. -Ntg— Deb 2-" C A I T Y O F NDOVE '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 CC: Courtney Bednarz, City Plann4 FROM: Chris Vrchota, Associate PlannerX SUBJECT: PUBLIC HEARING: Conditional Use Permit (05 -06) to retain existing garage prior to construction of principle structure at 665 140 Lane NW. DATE: March 22, 2005 As mentioned in the lot split report for this property, the applicant is requesting to allow the existing detached garage to remain on the newly created lot prior to the construction of a principle structure. DISCUSSION The existing garage is 539.35 square feet. The R -4 Zoning district allows a total of 1200 square feet of garage space and limits detached garages to one half of the footprint of the principle structure. This means that the future house would need to have a footprint of at least 1,079 square feet, excluding the attached garage. The attached garage and any other accessory buildings could not total more than 660.65 square feet. The existing garage will conform to setback requirements. There is currently a gravel driveway providing access to this garage. The property line proposed in the lot split application bisects this driveway. The driveway will have to be removed for 5 feet on either side of the property line to meet the setback requirements. A new bituminous or concrete driveway will need to be constructed to provide access to the garage. The garage door currently faces to the southeast. The garage door may have to be moved to the southwest face of the structure to allow room for the driveway. Applicable Ordinances Chapter 12- 15 -6 -B of the Andover City Code provides the following criteria for the issuance of a Conditional Use Permit: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious CITY OF ANDOVER COUNTY OF ANOKA • STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN EXISTING DETACHED GARAGE TO REMAIN ON A RESIDENTIAL PROPERTY PRIOR TO CONSTRUCTION OF A PRINCIPLE STRUCTURE FOR PROPERTY LOCATED AT 665 140 LANE NW (P.I.D 36- 32 -24 -22 -0006) LEGALLY DESCRIBED AS: The north 218 feet of the east 249.72 feet of the west 749.16 feet of the north 10 acres of that part of Government Lot 1, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying west of the public road as now located running in a northerly & southerly direction over & across said Lot 1. (Subject to & together with an easement for road purposes over the south 66 feet of the north 25 feet of that part of Government Lot 1, lying west of said public road.) WHEREAS, the applicant has requested approval of.a Conditional Use Permit pursuant to City Code 12 -15 and City Code 12 -6; and WHEREAS, The Planning and Zoning Commission has reviewed the request and has determined that said request will not have a detrimental effect on the health, welfare or safety of the community; 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. 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 subject to the following conditions: 1. The future house shall have a footprint of at least 1,079 square feet. If the future house has a smaller footprint, the detached garage shall be required to be removed. 2. Any future garage shall not have a footprint larger than 660.65 square feet. If a future garage exceeds this size, the detached garage shall be required to be removed. 3. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code Chapter 12- 15 -6 -D. 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 � � „�■— � -2 �. �! ! � / � - -- ! \ §§ <- | Lr) � - - -- �� - -9 k d � � ! q# �� ti .' | !� All | � |� ■ ■�` � U ------ - - - - -x � � ■ | $ at Is, \% i t d q ��& & K � ./ | [ - - -- � ' � U ------ - - - - -x � � ■ | $ at Is, \% i t d q ��& & K � ./ [ -� -- 4 - -� - - -� I . ANLb Y O F EVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 MAIN (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Andy Cross, Associate Planner /r"` SUBJECT: PUBLIC HEARING: Rezoning 05 -04: Change the zoning for property located at 1341 161 Avenue NW, from (R -1), Single Family Rural, to (R -4), Single Family Urban. DATE: March 22, 2005 INTRODUCTION Larry Emmerich has applied to change the zoning of approximately 2.27 acres of his property at 1341 161` Avenue NW to accommodate the development of 5 residential lots. DISCUSSION The Emmerich property abuts the west edge of Country Oaks West (the 100+ lot subdivision at the northwest corner of 161" Avenue and the BNSF Railroad line). 162 "d Avenue will run through Country Oaks West and dead -end in a cul -de -sac on Mr. Emmerich's property. Mr. Emmerich has proposed the development of 5 lots around this cul -de -sac. This rezoning will allow for the placement of the 5 urban-sized lots on this property. The rezoning will cover only the land covered by the new lots and not the remainder of Mr. Emmerich's 29.3 -acre property. The preliminary plat has been described in a report, which accompanies this item on tonight's agenda. The new lots can be served with City sewer and water by connecting to lines in the Country Oaks West development. Emmerich Estates is within the current sewer expansion area and sufficient capacity exists to serve up to 85 housing units (as approved with the Rural Reserve Area). As with all rezonings, the City must meet one of the two following findings that are provided by state statute: 1. The original zoning was in error. 2. The character of the area and/or times and conditions have changed to such an extent to warrant the Rezoning. The times and conditions have changed with the arrival of municipal services to properties adjacent to the applicant's property. With city water and sewer available, this area will be able to • developed at a density that an R -4 zoning classification provides. • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA CITY CODE CHAPTER 12 -3 AN ORDINANCE AMENDING CITY CODE CHAPTER 12 -3, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Chapter 12 -3, The Zoning District Map of the City of Andover is hereby amended as follows: 1) Rezone properties from R -1, Single Family Rural to R -4, Single Family Urban, as illustrated on Exhibit A. 2) All other sections of the Zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. This rezoning is approved based upon the fact that the character of the area has changed and the • conditions surround the site have changed to such an extent that a rezoning is warranted. Adopted by the City Council of the City of Andover on this ^ day of 2005. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor • a � � / 2 i » \ 2 % k § 2 . G $ � ) • \ \ \ \ C § w § ƒ V) LU § \ 2 �2 2 \\MU ' � ! NDOVE^%, AD 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 . FAX (763) 755 -8923 • WWW.CI.AND OVER. MN. US TO: Planning and Zoning Commissioners FROM: Andy Cross, Associate Planner saw SUBJECT: PUBLIC HEARING: Preliminary Plat of a single - family residential development to be known as Emmerich Estates. DATE: March 22, 2005 INTRODUCTION The Planning Commission is asked to review a preliminary plat for Emmerich Estates. The proposed project abuts the west edge of Country Oaks West (the 100+ lot subdivision at the northwest corner of 161 Avenue and the BNSF Railroad line). This project has just been renamed "Birch Point Estates," so that is the name that appears in the resolution. DISCUSSION Conformance with Local Plans The new lots can be served with City sewer and water by connecting to lines in the Country Oaks West development. Emmerich Estates is within the current sewer expansion area and sufficient capacity exists to serve it. The property is zoned Single Family Rural Residential (R -1). A rezoning to Single Family Urban Residential (R -4) is proposed as a separate item. Access and Streets 162 Avenue will go through Country Oaks West and give access to the Emmerich Estates development. The only street improvement in Emmerich Estates will be a standard 60 -foot radius cul -de -sac that will serve the five proposed lots. Easements The typical five foot wide side yard and ten foot wide front and rear yard drainage and utility easements will be provided on each lot. Where necessary, easements will be expanded to include wetlands, drainage areas, and maintenance vehicle accesses. Lots All of the lots meet or exceed the minimum lot width, depth and area requirements of the R -4 Zoning District. An additional 16.5 feet is required for the lots that are adjacent to wetlands. This extra buffer is reflected in each of the five lots in Emmerich Estates. 4 7 Stormwater Drainage Drainage for this five -lot development was reviewed with the adjacent Country Oaks West plat and approved at the same time as that project. Final details are now being worked out between the two developments and the Andover Engineering Department. r4 • A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "BIRCH POINT ESTATES" ON PROPERTY LOCATED IN SECTION 14, TOWNSHIP 32 RANGE 24, AS ILLUSTRATED ON EXHIBIT A. The southeast quarter of the northeast quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the preliminary plat with variances to City Code 11 -3 -6 D. and City Code 11 -3 -6 F. subject to the following conditions: 1. Contingent upon the approval of the Rezoning of the property to R -4 Single Family Urban Residential. If this request fails to be approved, the preliminary plat shall be considered null and void. 2. The Preliminary Plat shall address all comments from the Engineering department and Community Development prior to City Council approval. 3. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 4. Park dedication and trail fees shall be collected for Lots 1 -5 on Block 1 based on the rate in effect at the time of preliminary plat approval. 5. Park fees for the 29.37 -acre lot will be deferred until it is further subdivided. 6. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 7. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 8. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council of the City of Andover this day of , 2005. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R -05 CITY OF ANDOVER C 1 ATTEST: Victoria Volk, City Clerk . Michael R. Gamache, Mayor 3 • RECENED r \ \ I e s E S 6 r � - - x — � 90 r x v 1 9083 I ,; �ITY OF Yawrenrer swZren 6. fz! rfcl I PO IF 14 -32 -2I 24 -0003 1 89 113 1 \ \ \ — \` 9011 I — 1 x x m] �I x I 1 MA -- B9 &5 r 897.9 7 IW 0 ANDOVER NOTE: ( ❑;y 904 WETLAND BOUNDARIES ARE DETERMINED ONLY FOR /• THE EASTERLY PORTION OF THE PROPERTY BY RFC L ENGINEERING AND HAVE BEEN APPROVED BY THE LOWER RUM WMO. / T „ ' 904. - I \ 9os3x 4� 1 `l \ 9026 t `\ I \ x \ I 1 902.6 /x ) I I / 0 100 200 300 l,/ x 9a3a I r - -- - -' — — SCALE IN FEET r _ �80 0 � I TOPOGRAPHY HAS BEEN FIELD VERIFIED — �— / I AND FOUND TO BE IN ACCORDANCE WITH THE MAPPING STANDARDS / � I _ BLOCK NUMBER \ x 1 R d C Asa - - - -- Tnp. JZ Rn9. 14 � Y ' A 'T A3 -0 — — I Aaw:v Cw �n/t�11y ' \� /rte— I ` J 11 LOT LINE 10 front 11 LOT DIMENSION 1 15000 ; L 2 -- - - - Jr- LOT AREA (Sq.Ft.) RIGHT OF WAY 9002 / CURB CENTERLINE 9092 RECENED r \ \ I e s E S 6 r � - - x — � 90 r x v 1 9083 I ,; �ITY OF Yawrenrer swZren 6. fz! rfcl I PO IF 14 -32 -2I 24 -0003 1 89 113 1 \ \ \ — \` 9011 I — 1 x x m] �I x I 1 MA -- B9 &5 r 897.9 7 IW 0 ANDOVER NOTE: ( ❑;y 904 WETLAND BOUNDARIES ARE DETERMINED ONLY FOR /• THE EASTERLY PORTION OF THE PROPERTY BY RFC L ENGINEERING AND HAVE BEEN APPROVED BY THE LOWER RUM WMO. / T „ ' 904. - I \ 9os3x 4� 1 `l \ 9026 t `\ I \ x \ I 1 902.6 /x ) I I / 0 100 200 300 l,/ x 9a3a I r - -- - -' — — SCALE IN FEET r _ �80 0 � I TOPOGRAPHY HAS BEEN FIELD VERIFIED — �— / I AND FOUND TO BE IN ACCORDANCE WITH THE MAPPING STANDARDS / � I _ BLOCK NUMBER W ---- - -�- -- - — I $OU sf Mner sf the W 1/4 of S. l/. — - - - -- Tnp. JZ Rn9. 14 � Y ' A 'T A3 -0 — — I Aaw:v Cw �n/t�11y ' \� /rte— trr_ 8` Q . wo _ r= s a g ,n rn 0 x as a 1 N I < m °J m m m w o U Z U Z 0 r\ Q W U X J Q 1 K 9 m 0 U m 0 Denotes 1/2 inch x 14 inch iron monument set with a plastic cap marked R.L.S. number 13057. • Denotes iron pipe found. *Denotes Anoka County Monument. 1 / feet of the Northeast Ouarter of the Northwest Quarter of Section 14, Township 111 that part of the South Half of the Northwest Quarter of Section 14, Township I mescta which lies Easterly of the following described line: —•— — ",t corner at said South Half of the Northwest Quarter of Section 14; thence s 45 seconds East, assumed bearing along the South line of said South Half of — Sots of 1475.72 feet to the Point of Beginning of the line to be described; ninules 36 seconds East 231.82 feet; thence Northeasterly 233.02 feet along o VL the Southeast having o radius of 213.43 feet and a central angle of 62 degrees ce North 63 degrees 00 minutes 00 seconds East and tangent with said curve 340.45 feet along a tangential curve concove to the West having a radius of —N _ e igle of 66 degrees 30 minutes 00 seconds: thence North 3 degrees 30 minutes In soid curve 601.69 feet to the North line of the South 16.50 feet of said ------ thwast Ouorter of Section 14 and there terminating. A COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 20 according to the recorded plat >: a• IS a w� dC4 ncfs a ? N�� v M d n a� E uwn O � p ✓1 A`yy j C r4 Cc mN E a o ° G �F h Eli �F yP I F hm 0 a� Y LV $nom � o Ng o >e m O es n ` ��n �a t� o� U) w � Q .) Q �z of IL w� w } ULJ ° z > w a O p } Z Q J LLJ U J of 0— m SHEET NO. / OF TYPICAL LOT BLOCK NUMBER r — 1 LOT NUMBER F - TRACK LINE EASEMENT LINE: ' T feet side /rear I ` J 11 LOT LINE 10 front 11 LOT DIMENSION 1 15000 ; L 2 -- - - - Jr- LOT AREA (Sq.Ft.) RIGHT OF WAY L —N'8 —L CURB CENTERLINE 0 Denotes 1/2 inch x 14 inch iron monument set with a plastic cap marked R.L.S. number 13057. • Denotes iron pipe found. *Denotes Anoka County Monument. 1 / feet of the Northeast Ouarter of the Northwest Quarter of Section 14, Township 111 that part of the South Half of the Northwest Quarter of Section 14, Township I mescta which lies Easterly of the following described line: —•— — ",t corner at said South Half of the Northwest Quarter of Section 14; thence s 45 seconds East, assumed bearing along the South line of said South Half of — Sots of 1475.72 feet to the Point of Beginning of the line to be described; ninules 36 seconds East 231.82 feet; thence Northeasterly 233.02 feet along o VL the Southeast having o radius of 213.43 feet and a central angle of 62 degrees ce North 63 degrees 00 minutes 00 seconds East and tangent with said curve 340.45 feet along a tangential curve concove to the West having a radius of —N _ e igle of 66 degrees 30 minutes 00 seconds: thence North 3 degrees 30 minutes In soid curve 601.69 feet to the North line of the South 16.50 feet of said ------ thwast Ouorter of Section 14 and there terminating. A COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 20 according to the recorded plat >: a• IS a w� dC4 ncfs a ? N�� v M d n a� E uwn O � p ✓1 A`yy j C r4 Cc mN E a o ° G �F h Eli �F yP I F hm 0 a� Y LV $nom � o Ng o >e m O es n ` ��n �a t� o� U) w � Q .) Q �z of IL w� w } ULJ ° z > w a O p } Z Q J LLJ U J of 0— m SHEET NO. / OF x 897.3 s s IL '4 � B %.2 l 8917 Ipl X 897.6 x896.1 - - - - - - - - lll«< \ 9002 / t 89 :•: 2 -BH / \ 8972 X 9976 I 8983 y ; 4'.." 1 1 ' 997.4 ' - -- x997.7 I _- - 1 - - X8972 -/ J 11- 2X-12- 04 f x 899.2 X � X 997.8 F \ I x 897.7 /I r - - 90L.7 / 998.1 xI \\ \ I I\ 097.9 I I I - - - - I - I -- /gp0/ x 899 9CL ° 899.7 / J J r 9m F-- I 898.4 8992 I x 900.5 / 1 900.3 x T 9 j 933 9.7 9D3.3 91 1 -Y _ \ / / • / 1 - %3.4 Ixl 908. \^ 9 \ x I�( \ Q N ` 9 2 ` I I :GE Z O K U n H O 3 a • I Y 1 N OI N p � 01 a y m a 3 oV x w ¢ x a x 3 q O C E � L' N IJ W m VO CN n'n a< V V V N a nn�po m" N V � ° - c n a m° u E V c C _ c V g Nx ` c 'O ra m v V aim �� A N M Y x 'K O h roN pd c.` a z 0 �w w �� Ld = W ~ Z Q UP (LI w Q ° i- w (-) z 0�:2QZo Z_ > J P: 0 } Q w = 00 J Z m Q0 Q U Of SHEET NO. / OF 3 , Denotes Existing Power O Denotes Existing Tree �L Denotes Existing Swamp NOTE- Denotes Existing Fence WETLAND BOUNDARIES ARE DETERMINED ONLY FOR THE EASTERLY PORTION OF THE PROPERTY BY RFC --- ------ - - - - -- Denotes Existing Grovel ENGINEERING AND HAVE BEEN APPROVED BY THE ------- ----- Denotes Existing Path LOWER RUM WMO. - - - - - Denotes Existing FEMA t 0 100 200 300 - - - VL - Denotes Existing Wetionl �M f Denotes Existing Tree LISEO PROPOSED MINIMUM WVERNING HIGHEST 100 TR HICH WALNOUi iE LOWEST 100R LOWEST FLOOR FACTOR OF ANTILIPATEO WATER ELEVATION SCALE IN FEET >-- -.� Demotes Existing CulvertE D ELEVATION ELEVATION MU WATER LEVEL ELFVAnON - -- -- -- Denotes Existing Setbac 902.10 902.10 IM YR FEMA 899.10 997.90 902.10 -- b98 - - -- Denotes Existing OHW L'0 902600 90.0 901.00 90LOD IM YR FEMA YR FTIIA 998.00 B98.W 898.00 B98.W 902.00 9 .W Wetland bounOry has been ....... ....... Denotes Proposed Silt FD 902.00 901.00 100 YR FEMA 998.0D B98.W 902.00 Hi c�ibed b RFC I Enginee Strip ® Denotes Buffer (1fi 802.00 901.00 IN YR FEMA 898.00 898.W 9D2.00 Denotes Tree Protection Z O K U n H O 3 a • I Y 1 N OI N p � 01 a y m a 3 oV x w ¢ x a x 3 q O C E � L' N IJ W m VO CN n'n a< V V V N a nn�po m" N V � ° - c n a m° u E V c C _ c V g Nx ` c 'O ra m v V aim �� A N M Y x 'K O h roN pd c.` a z 0 �w w �� Ld = W ~ Z Q UP (LI w Q ° i- w (-) z 0�:2QZo Z_ > J P: 0 } Q w = 00 J Z m Q0 Q U Of SHEET NO. / OF 3 2 - C I T Y o r ND QVE • 1665 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planne# SUBJECT: WORK SESSION: Zoning Ordinance Update DATE: March 22, 2005 INTRODUCTION Please find attached the following proposed code revisions: • City Code 12 -13 Uses • City Code 12 -13 1 B Animals • City Code 12 -14 Performance Standards 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 -13 Uses City Code 12 -13 1 B Animals City Code 12 -14 Performance Standards • - • - . • s LIPS-M-WIr am rqvraf Mm = . -- 2. Ng Neighbor-heed Business Dis4r-iet! Dayeafe eefft-r-s. Mortuaries and fimer-al hemes. Professional offiraes. Professional -tudies. Restaumnts. R t ,1 .T sefv ex6 ept ser-v i e eguel ..t.,r.,,,,t 1970; e 7 18 2002) —3— • 1 •• VK Mall 11110 •- ■ Mr rr-T2. • !'TSi S • 1 • 1 10 0 • ■ • 1 • / S Twenty fi3uf (24) houf eentinueus operation ef medieal elinies. (Afneaded Ord. 8, 10 21 . 1970 .,m•d Ord QTTTTTT e 7 18 2007) • • ■ Will • • • I s ■ ■ • • E T i T1:..4 «:..4..• Ad 14 b us i nesses d e fi ne d titl 2 h a pte r 7 e f 93in e ede. use e LiquorlieenJe . sales Ou4deer- display, ster-age and D„g�1 „ � 4ili4„ ..4.�.,n 4,vren_ R-°Pai. es. . Detail 4...,de and Sale and storage of new andused auto paAs v4thin abuilding et4y. (Amended Or-d. 8, 10 2 1 1970) ■Erm Will • • E T i T1:..4 «:..4..• Ad 14 b us i nesses d e fi ne d titl 2 h a pte r 7 e f 93in e ede. use e LiquorlieenJe . sales Ou4deer- display, ster-age and D„g�1 „ � 4ili4„ ..4.�.,n 4,vren_ R-°Pai. es. . Detail 4...,de and Sale and storage of new andused auto paAs v4thin abuilding et4y. (Amended Or-d. 8, 10 2 1 1970) ■Erm E T i T1:..4 «:..4..• Ad 14 b us i nesses d e fi ne d titl 2 h a pte r 7 e f 93in e ede. use e LiquorlieenJe . sales Ou4deer- display, ster-age and D„g�1 „ � 4ili4„ ..4.�.,n 4,vren_ R-°Pai. es. . Detail 4...,de and Sale and storage of new andused auto paAs v4thin abuilding et4y. (Amended Or-d. 8, 10 2 1 1970) ■Erm cli N E N M u PQ rn ° U y a� c m A °U pp 2 LG Q -ca F , �aZrn N C46 4 V � 0 4 on A p c a c. 5 1 ti N M 4 to �a�4aC4� N U N a+ NQt� n p -cs ee �z a r e U a ° 0 a a. I U a, daavyC� — 7— d 0 U ►�UU a UUXX UP. a. UUU a UUxx U a. U a UUxx U U a4 z a U l u xx U UuXXP.0 a. U U P. 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O Y � Q N � V1 N H b Y H � � Q N N b F U N N N � y N N E 45� LL 1 y"' d � A N Y Po o o 2 0 •b U N 0 0 O � y O O O Y b N U ti � � N U a ca y o y V ¢ ate° a ts .. N Y Vf N 0 0 0 p ° v U= N r ^EI 2 t ¢ 4 N N t N 0 w 00 id w � d d N c 0 a c o N O y W Y �1 b � �y b W O m O N .E Oa Z tC O r0,1 0 0 b�Eo c,6 � 9 .0 3 V co I 0 d .*� . c '� d v a .E 0 tea¢ c v vi o 0 U • storage on the area, as well as for the raising thereon of domestic animals, aepAemes4ie animals and the raising and keeping of pleasure /recreational animals in compliance with Title 5. AGRICULTURAL USE, URBAN: An area of less than five (5) contiguous acres which is used for the purpose of growing produce including crops, fruit trees, shrubs, plants and flowers, vegetables, and the like, provided such produce is intended solely for the use of owners on the property or sale away from the property. It shall include the raising of domestic and please e/re animals in compliance with Title 5. ANIMALS, DOMESTIC: Animals commonly kept for pets, such as dogs, cats and similar animals. ANIMALS, FARM: Animals and poultry commonly kept for productive purposes on a farm, such as cattle, hogs, sheep, goats, chickens, and other similar animals. ANIMALS, NONDOMESTIC: Any animal, reptile or fowl, which is not naturally tame or gentle but is of a wild nature or disposition or which, because of its vicious nature or other characteristics, would constitute a danger to human life or property. ANIMALS, PLEASURE/RECREATIONAL: Animals not normally kept in a residence such as horses, ponies, foals, donkeys, burros, mules or others. FEEDLOT LIVESTOCK - The place of confined feeding of livestock, poultry, or other animals for food fur, pleasure or resale purposes in yards lots pens buildings or other areas not normally used for pasture or crops and in which substantial amounts of manure or related other wastes may originate because of such feeding of animals. 12 -13 -1: PERMITTED USES `?° : Within any of the following districts, no structure or land shall be used except for one or more of the uses listed by district: B. Residential Districts: 1. R -1 Single - Family Rural District: Agricultural uses Keeping of up to five (5) farm animals on properties five acres or greater 2. R -2 Single - Family Estate District: Keeping of up to five (5) farm animals on properties five acres or rg eater /S— 12 -14 -3 EXTERIOR STORAGE • Background The Code currently permits the storage of 2 passenger vehicles or pickup trucks in the rear yard of residential properties. While these vehicles are required to be tabbed and operable, it nevertheless results in unsightly backyards in residential neighborhoods. A proposal was put forward in 1994 to prohibit the storage of vehicles in rear yards in the R -4 zoning district. This movement met with considerable opposition at a public hearing. Other issues surrounding exterior storage include where residents store their trailers. Currently residents can store a boat or "unoccupied" trailers in their rear yard as long as they are under 20 feet in length and ten feet from property lines. Section 12-14 - 10-C-3 of the Code outlines the permitted uses of parking areas in residential zones and specifically mentions "recreational vehicles and equipment." This has been interpreted to also include any recreational trailers, such as boat and snowmobile trailers. There is no direct provision in the code for storing non - recreational trailers on the driveway, such as work trailers. The Planning Commission should discuss whether more controls should be placed on the storage of trailers on residential property. Part A -2 permits the storage of landscaping and construction materials on residential property, as long as its being used on the premises. There is no requirement that an active building permit be issued on the property. There have been cases where a small construction or landscaping project has been started and allows a resident to store large amounts of material on their property. This creates a nuisance situation and the current code cannot help mitigate the problem. Landscaping projects do not require a building permit. If a resident is working on a landscaping project as a pastime, the current code permits them to store any amount of any material on their property for up to a year. Proposed Change The rear yard can reasonably be used to store trailers and boats, but cars and trucks should be stored on the driveway or in the garage. Note for discussion: How can we deal with residents who have stored vehicles in their rear yards before the adoption of this code change, people who have been told that it is permissible to store two operable vehicles in their rear yard? The term "landscaping materials" will be removed from Part A -2. This will remove its exemption from the Exterior Storage language and allow the regulation of landscaping materials stored on private property. Additionally, a provision requiring a building permit in order to store construction equipment on private property will be added to Part A -2. 0 M 12 -14 -4 REFUSE IN ALL DISTRICTS Background A few minor adjustments are needed to this section. Proposed Change Staff feels that there should be a requirement that the trash enclosure should be built to match the principal structure for non - residential uses. Also, eliminate the six months to comply, this section was written in 1970. 12 -14 -4: REFUSE IN ALL DISTRICTS: A. Interpretation: All exterior storage not included as a permitted accessory use, a permitted use, or included as part of a conditional use permit, or otherwise permitted by provisions of this title shall be considered as refuse. B. Storage Of Refuse: All waste material, debris, refuse, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. Trash enclosures should be built of materials to match the principal structure (non - residential uses only). C. Vacant Land: The owner of vacant land shall be responsible for keeping such land free of refuse and weeds. D. Exisfifig Uses To Compl Rxisting uses shall eemply %ith dAs pm-Asien widiin six (6) menths fellevAng enaebnent of this 641e. (Amended Okh -8-, 10 21 1970; am d 2003 Cede) • -1.7-