The URL can be used to link to this page

Home My WebLink About05/24/05C I T Y O F ND OVE 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 May 24, 2005 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes — May 10, 2005. 3. PUBLIC HEARING: Zoning Ordinance Update amending various sections of the City Code. 4. PUBLIC HEARING: Rezoning (05 -06) to change the zoning from Single Family Rural Residential (R -1) to Single Family Urban Residential (R -4) for property located at the southwest corner of Crosstown Boulevard and the Burlington Northern Railroad. 5. PUBLIC HEARING: City Code Amendment to add crematorium to the definition of mortuary and funeral homes. 6. PUBLIC HEARING: Rezoning (05 -05) to change the zoning from Single Family Urban Residential (R -4) to Limited Business (LB) for property located at 13646 Crooked Lake Boulevard NW. 7. Other Business 8. Adjournment 9 i C I T Y O F, NDOVE. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - May 10, 2005 DATE: May 24, 2005 Request The Planning and Zoning Commission is asked to approve the minutes from the May 10, 2005 meeting. • • PLANNING AND ZONING COMMISSION MEETING — MAY 10, 2005 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Kirchoff on May 10, 2005, 7:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger (arrived at 7:05 p.m.), Commissioners Tim Kirchoff, Rex Greenwald (arrived at 7:15 p.m.), Dean Vatne, Jonathan Jasper, Michael Casey and Valerie Holthus. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others APPROVAL OFMINUTES. April 26, 2005 Motion by Jasper, seconded by Casey, to approve the minutes as presented. Motion carried on a 4 -ayes, 0 -nays, 2- absent ( Daninger, Greenwald) vote. PUBLIC HEARING: PRELIMINARYPLAT OFA SINGLE FAMILY URBAN RESIDENTL4L DEVELOPMENT g1VOWNAS SOPHIE'S SOUTHAND LOCATED SOUTH OF CROSSTOWN BOULEVARD AND WEST OF THE BURLINGTON NORTHERNRAILROAD. Mr. Vrchota stated the Planning Commission is asked to review a preliminary plat containing 85 urban residential lots. The Planning Commission reviewed the sketch plan for this development at the March 8, 2005 meeting. Mr. Vrchota discussed the staff report with the Commission. Chairperson Daninger arrived at 7:05 p.m. Commissioner Kirchoff asked what the darker outlines areas on the map were for. Mr Vrchota indicated they were for ponding and park land. n U • Mr. Stygof asked if this could be made into a cul -de -sac to curb speeding traffic through the neighborhood. He wondered if it was possible to have staff guarantee the road will not be connected to Yellowpine. Mr. Jim McLaughlin, 1424 152 Lane NW, stated he lives at the end of the cul -de -sac at 152 and if they do open up the cul -de -sac, the traffic will be overwhelming. He wondered what will happen to all of the traffic coming off of Yellowpine. He thought there should be a regular cul -de -sac that abutted up'to the lots in the ghost plat. Motion by Vatne, seconded by Casey, to close the public hearing at 7:29 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Kirchoff asked if there was a park currently in Chesterton Commons or was the proposed park intended to serve that development as well. Mr. Bednarz stated there is a park on the north side of Crosstown Boulevard along with Sunshine Park. Commissioner Vatne asked if there was a tree preservation plan submitted with this. Mr. Vrchota stated there was. Commissioner Vatne asked what staffs position was on this. Mr. Vrchota stated the Engineering Department has reviewed it and he did not think there were any comments related to this from them. • Chairperson Daninger stated the petitioner indicated at the sketch plan that there will be some excavation done on the property. Mr. Vrchota showed the grading plan to the Commission. Mr. Vrchota indicated there would be some trees along the perimeter of the development and there will be a decent amount of grading on the site. Commissioner Vatne wondered if there was intention to custom grade this development because he felt there was a fair amount of oak stands on the property. Mr. Todd Ganz, Merit Development, explained where the grading will be done on the property and which areas will have the trees preserved on the property. Commissioner Jasper wondered why the cul -de -sac has changed. Mr. Ganz stated their drawing of the cul -de -sac has not changed. Their cul -de -sac always ran to the west end of the property abutting the property line. Mr. Holasek's drawing of his plat was the change that was shown to the Commission. Chairperson Daninger stated the reason a cul -de -sac goes to the edge of the property is for potential future connection. Chairperson Daninger asked how many lots were on the preliminary sketch plan given to • staff from Mr. Holasek versus the preliminary plat submitted. Mr. Vrchota stated he was not sure because they just received it from Mr. Holasek. • Chairperson Daninger stated the preliminary plat shows a cul -de -sac going up to the edge of the property, he wondered if the Commission was in consensus with that. Commissioner Greenwald thought from the first time they had a public hearing until know they had a lot of discussion about that connection and in his opinion that will never connect to the development to the south. He thought this should be done right. Mr. Vrchota stated on the very south edge of the plat, there is a forty-five foot drainage and utility easement and that is where the sanitary sewer will be coming into the development and traditionally those do go in under the City street. If they are talking about shortening up the cul -de -sac and adding another lot, the drainage and utility easement will be cutting right through there. That is another reason why the cul -de -sac is positioned the way it is. Commissioner Holthus indicated her concern with having only one entrance into the development. Until the southern development gets developed, there is only Xeon Street. There is another unknown they are dealing with which is when the property to the south will be developed. Chairperson Daninger agreed there needed to be two accesses to this development for emergency purposes. He did not mind the cul -de -sac going all the way to the end of the property, just not to limit their options. He would like to see lot ten be an emergency exit • and maybe in the future another connection into the development. Commissioner Jasper agreed and thought it should be reserved the road can go through there and if a road does not go through there then it should be set up so there can be an emergency entrance into the development. Chairperson Daninger thought the information regarding access to the park were some great ideas. Commissioner Vatne did not think there was any discussion regarding frontage on the collector street and is a big issue for him. He thought there may be a change to the transportation plan in the future but they do not know if that is going to happen and this is a safety issue. He thought without addressing this, it may mean less density but he was comfortable with less and without addressing that, he did not feel comfortable moving it along. Chairperson Daninger stated everyone refers to having their driveway on an access road, current ordinance indicates driveways are not supposed to be there. Motion by Jasper, seconded by Greenwald, to recommend approval of the Preliminary Plat, subject to the conditions in the attached resolution in addition the connection north of 152 °a and Avocet Street, block 1, lot ten should be a dedicated street or emergency access and to add a variance to allow homes to front the collector street. Motion carried on a 6 -ayes, 1 -nays ( Vatne), 0- absent vote. • Motion by Greenwald, seconded by Casey, to recommend approval of the Preliminary Plat, subject to the conditions in the attached resolution. Commissioner Jasper thought they talked about this before and they discussed cut -de- sac's should not be more than 500 feet, the Ordinance states this and the City Council reaffirmed this. They have one at 900 feet and one at 1250 feet. When it came before the Commission when last reviewed, the Chairperson himself indicated this should be revised and perhaps instead of trying to get as many lots as possible at 2.5 acres, use larger four acre lots to address the issue so perhaps the cul -de -sacs could be shortened and it could be more in conformance with the designs of the City and this has not been done. They are all 2.5 acre lots with extensively longer cul -de -sac's than are called for. He stated another thing that was asked at the time by the Chairperson in his summary was why the cul -de -sac was not a through street other than cost. He noted they still do not have an answer to that. They are being asked to do variances from City Code for street length with no other reason than to get more homes on the property. He did not think this was the right plat for this property. He indicated he will vote no on this item. Chairperson Daninger asked if the reason the road is not connected is because they do not want to destroy the wetlands. Mr. Bednarz stated this was correct; there is a DNR wetland which carries some of the most restrictive regulations in the State. That is why the road is not connected. • Chairperson Daninger asked if it was correct that there was no change in the lots, only the grading was changed from the sketch plan. Mr. Jerry Foss stated they originally proposed a 17 lot development. Because of the twenty -seven foot wide easement required from the County on the north side and septic requirements they are down to 15 lots. He stated the property is 66 acres and the average lot is 4.5 acres in size. The long cul -de -sac was required by the County because they did not want the road coming out onto 7 Avenue for several reasons. He stated that with the emergency access, this was the compromise that was reached between them. Commissioner Vatne wanted to clarify that Commissioner Jasper's points are well taken and they struggle over this repeatedly and he looks at this himself and there has been mitigation on the longer cul -de -sac with at least the emergency access onto 7 the shorter cul -de -sac is ghost platted up for potential development and they have approved some of those before. It continues to be a struggle though. He stated in his mind, there has been an effort to keep the cul -de -sac's as short as can be. He indicated he would be in favor of this. Commissioner Jasper explained what a ghost plat is used for in a plat. Motion carried on a 5 -ayes, 5 -nays (Jasper, Casey), 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the May 17, 2005 City • Council meeting. • Mr. Greg Dillinberg, 2066 142 Lane, stated his concern was the small lots and the drainage from the dump with the road going through there. Chairperson Daninger stated the drainage will be addressed in the Preliminary Plat review. Motion by Casey, seconded by Greenwald, to close the public hearing at 8:31 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Jerry Windschitl, 15550 Linnet Street NW, stated in designing the PUD, they were looking at proposing some fairly large single family homes between 1400 and 1600 square feet. He thought they exceeded the size of the homes there right now. Commissioner Kirchoff wondered if this will be association maintained. Mr. Windschid stated it would be. Commissioner Kirchoff stated he looked at lot 6 and he wondered how the house and driveway would lay out on the cul -de -sac. Mr. Windschitl stated the house would be straight in with the driveway going in at an angle. The house would be setback further but would be in alignment. Commissioner Holthus stated she was concerned about th removal of trees and she wondered how Mr. Windschitl would preserve the trees on the property. Mr. Windschid stated an attempt was made to try to go through the site. This site has fairly significant • Oak Wilt issue with it and the City Forester came through and tagged a number of large trees he wanted taken off of the site. Where trees that could be saved along the street alignment or in the lots, an attempt was made to save the trees. He stated they did have to remove a large number of trees because the Forester requested it. Commissioner Holthus wondered what Outlot B is. Mr. Windschitl stated this is a legal from the prior plat and will disappear when replatted. Commissioner Holthus wondered what was being done with Outlot A to make someone want to walk there. Mr. Windschitl stated at present it is shown as a common area for the PUD and will be discussed further with the Park Board. Commissioner Holthus asked in Item B, it notes there would be remote gas probes and sensors installed. She wondered if this would be visible. Mr. Windschitl did not think they would but were required for monitoring. Commissioner Vatne thought most of the concern from staff was in regards to the spacing in between the lots. He wondered if there were different ways to lay them out to get them back to the ten foot recommendation. Mr. Windschitl stated there is a desire in the neighborhood for the two roads to end in cul -de -sacs. That is probably the neighborhoods preference where each one would end with the cul -de -sacs. The horseshoe is a staff desire and works well and they do not have a problem with it. There was a look at the bottom cul -de -sac being moved further westward as to a layout and • Commissioner Holthus stated she had a concern when she looked at the table regarding the PUD development and specifications and how three out of four of the specs are so inconsistent with the R -4 standard because the lots are so small. Commissioner Kirchoff stated if there was a way to get a little more distance between the homes to get the ten foot distance they may be able to use part of Outlot A to do that. He would like to see that be attempted. Chairperson Daninger asked if anyone was in favor of the PUD. Commissioner Vatne indicated he was. Commissioner Kirchoff stated he could support the PUD. Commissioner Vatne thought the location lends itself to a PUD. Abutting a landfill for greater density but maybe not this much. He was concerned about some of the spacing but he thought this was the right location for a PUD. Commissioner Kirchoff stated he would be in favor of this because of the common maintenance with and Association. Commissioner Greenwald asked how close Osage Street NW could get to the property line. Mr. Cross stated there is no set limit. Commissioner Greenwald stated they could move the road further over to spread the lots out. Mr. Cross thought this would be up to the developer. • Mr. Cross stated the PCA agreement did specify that construction of a street per the easement that would be acceptable. The language in the easement agreement states that any design that substantially conforms to that exhibit in the easement agreement is ok. This appeared to conform enough because the PCA did not comment on this when they responded in the email. The Commission discussed the road easement with staff along with suggestions for lot enlargement. Chairperson Daninger stated the Commission is somewhat ok with the PUD but considerably less lots. The PUD to help control the outlots. He stated he did not want the flavor of the neighborhood to change. There has to be some sort of agreement such as sticking with the R-4. He did not mind the looped street because he did not think there would be too much traffic going through there. He thought they needed to summarize this more, either an R-4 or if a PUD they need to make it reasonable too. Commissioner Vatne thought he heard the applicant say that there was discovery now that in fact it is tighter than what it needs to be so there was going to be another look taken at the level of density or at least the spacing on the lots themselves. A lot of details in a PUD have yet to be identified. He thought this is what needed to really be looked at in the Preliminary Plat. • Chairperson Daninger stated the letter from Mr. Minks asks for confirmation that costs for streets would be shared by all properties that benefit. He asked if the Putnam property was involved in the sketch plan. Bednarz stated that it was not. He commented that with Linnet Street as shown, the center line would be the shared property line for Cardinal Ridge and the Putnam property. Commissioner Vatne stated it looked like the park was in the wetland area. Mr. Bednarz showed the park in relation to the wetlands on a map. Commissioner Vatne asked if in the PUD request, is it the group of units that are inside of the western edge. Mr. Bednarz showed on the map they were the eastern units the western units were typical R-4 lots. Commissioner Jasper asked when they have done some of these projects, they have tried to connect them to undeveloped land so that the road connections are available in the future, he wondered if it made sense to run Jay Street all the way to the north to the property line so that the property to the north, when it develops has an access there. Mr. Bednarz showed on the map where the wetland property is and explained that if the street were to be brought up to the property line, they may be able to see a lot split or two but keep in mind this is the MUSA boundary and that wetland consumes most of the property to the north. • Motion by Jasper, seconded by Vatne, to open the public hearing at 9:21 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Jerry Putnam, 1869 157 Lane NW, stated he owned the property between the two proposed developments and had several concerns and questions. One concern was the value of the homes compared to the current homes in the area The second concern was the discussion about a second access to the development and Linnet Street. Chairperson Daninger asked if Linnet Street went through, it would go through the center of a house. Mr. Bednarz stated Mr. Putnam was talking about the street farther east. Mr. Putnam stated he has not been approached to sell anything. He is aware of the road easement. He stated if they were talking about the Linnet extension that would be Mr. Allen's property which is north of his. The discussion about getting through the Hanson, they are not talking about highway construction level bridges, but they are talking about residential grade roads and it is possible to put a bridge over a portion of the wetland to gain that access to Hanson. Motion by Kirchoff, seconded by Vatne, to close the public hearing at 9:30 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Jesse Westlund, Woodland Development, stated to address the question about the • cul -de -sac and where the existing cul -de -sac is, the reason they extended the cul -de -sac was to minimize the length of the private drives they are proposing to the units. He stated • Commissioner Jasper stated the single family part is fine and he would have liked to have seen a connection to the north but he now understands why that does not make sense. The PUD part to the east he hates. First there are very small private drives that generally are not a good idea because they turn into substandard city streets. They also have the smallest lots in Andover. He thought these lots were way too substandard. He noted he would like this more if it did have a connection to Hanson Boulevard instead of the one access and it also solves the problem for the neighbor and everyone to the west having another access. He thought it was a good idea to connect this sketch plan to the Cardinal sketch plan because should the neighbor decide at some point to develop, it makes complete sense. Chairperson Daninger concurred. Commissioner Holthus stated they just had a discussion about Kensington Estates and they decided those lots were too small and these lots are smaller than Kensington Estates. She thought they needed to be consistent. Commissioner Kirchoff asked if there are build -able R-4 single family lots in the proposed PUD area. Mr. Bednarc stated there are not. He thought there could be with some more wetland fill but probably not as many. The Commission discussed how R -4 could be put into the PUD. Commissioner Vatne thought in the table the metrics are not there and the lots are too • tight in the PUD itself. Chairperson Daninger stated he was hearing from the Commission the PUD lots were too small and they needed to put a second access through. Commissioner Vatne stated the proposed 158' Street through Mr. Putnam's property is a ghost plan but does not have any impact on this sketch plan nor on the Cardinal Ridge plan other than it makes more sense to have that connection through Cardinal Ridge if Mr. Putnam develops. He indicated another concern was the lengthy cul -de -sac in this development. Chairperson Daninger stated if they suggest 158 coming all the way from Nightingale that would give them two accesses into that. Commissioner Greenwald stated he agreed with Commission Jasper regarding the Hanson connection. Motion by Jasper, Seconded by Casey to recess at 9:45 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. • The Commissioner reconvened at 9:50 p.m. M • Mr. Bednarz stated that this item would be before the Council at the May 17, 2005 City Council meeting. WORK SESSION. ZONING ORDINANCE UPDATE i. City Code 12 -5-4 ii. City Code 12 -5 -10 iii. City Code 12 -13 1 B iv. City Code 9 -9 -11 V. City Code 9 -4-4 vi. City Code 12- 8-7B.3 Code Text Amendments Public Hearing Process Animals (Continued) Housing Maintenance Swimming Pools, Spas and Hot Tubs Bulk Fuel (continued) Motion by Casey, seconded by Greenwald, to table the Workshop items. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz mentioned that they took an item to the City Council's Worksession in regards to tree preservation and they did express some interest in exploring what they can • do in providing more specific requirements than what the City has now. Staff will be putting together some items and the Planning Commission will be involved in reviewing it once done. Mr. Bednarz informed the Commission that the bowling alley is under construction south of Tanners. Commissioner Greenwald stated the Andover Marketplace broke ground too. Mr. Bednarz stated the grading for Andover Station North is underway. Commissioner Greenwald wondered if the signal light on Jay Street and Hanson Boulevard will go in immediately once Jay Street comes through. Mr. Bednarz stated the light will go in once the County redoes Hanson. He understood the County is trying to get financing the bridge at Hanson and Highway 10. Commissioner Jasper asked if the Commission was the "Planning Commission" or the "Planning and Zoning Commission." Mr. Bednarz stated it was either one or both. The have a Planning and Zoning Commission that in that definition says Planning Commission. He stated "Planning and Zoning Commission" is a term out of the 1970 Model Code. Commissioner Jasper stated the only reason he asked was because it was being used inconsistently in some of the ordinances they have seen and he thought they should pick one and stick with it. 0 3 C I T Y o f ND OVE • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • `"""IW CI ANDOVER.MN.US TO: Planning and Zoning Commiss rs FROM: Courtney Bednarz, City Planne SUBJECT: PUBLIC HEARING: Zoning Ordinance Update amending various sections of the City Code. DATE: May 24, 2005 INTRODUCTION The purpose of this item is to hold a public hearing and take input on the items that have been discussed through the Zoning Ordinance Update. Attached is a table of all the proposed changes, text changes and backup material for each item. Minutes from Zoning Ordinance Update Work Sessions are included in the packet under a separate cover sheet. DISCUSSION It is suggested that the Commission open the public hearing and take input on the items sequentially. It is anticipated that there will be only a handful of items that are addressed by the public. The Commission may choose to discuss these items individually after all of the public input has been taken. Please note that the Planning Commission has not completed its review of the items in the list below. A second public hearing may be necessary for these items if there are changes made as a result of subsequent Planning Commission review. City Code 12 -15-4 Code Text Amendments City Code 12 -15 -10 Public Hearing Process City Code 12 -13 1 B Animals City Code 9 -9 -11 Housing Maintenance City Code 9 -4-4 Swimming Pools, Spas and Hot Tubs City Code 12- 8 -7B.3 Bulk Fuel (continued) City Code 12 -14 Signs City Code General Discussion Item — Front Porches City Code General Discussion Item - Dirt Dikes ACTION REQUESTED Please conduct a public hearing for the proposed Zoning Ordinance Update and make a recommendation to the City Council. Please also recommend final changes as determined by the Planning Commission after the public hearing. Attachments E Table of proposed changes Revision 41 Is 6 -4 Snowmobiles and All- Terrain Vehicles Updated as of May 17, 2005. Background The substance of the snowmobile /all- terrain vehicle standards does not need to be changed, but the language and structure make the regulations difficult to understand. For example, a variety of standards having nothing to do with operation on public property are lumped into 6 -4 -4. Proposed Change Restructure this section with appropriate headings and position requirements accordingly. Remove reference to designated trails other than Round Lake and Crooked Lake because there are none. Please note that code sections from Title 6 Chapter 4 not included below are not proposed to be changed at all. .11 r-911pomn. .. uprMIM IITI .11 r-911pomn. erszsesra:..� .. mm RE Ed rma .. .. .. . • .. , !tom RE RE • 2. On school grounds, park property, playgrounds, recreation areas and golf courses. • 3. Upon the roadway, shoulder, inside bank or slope of any trunk, county state aid, or county highway within the city and, in the case of a divided trunk or county highway, the right of way between the opposing lanes of traffic except to cross said street in compliance with section 4. On city streets, except on the shoulder of the roadwav or, in the absence of an improved shoulder, on the right hand most portion of the roadway (not on boulevard areas), and in the same direction as the street traffic on the nearest lane of the roadway adjacent thereto and to cross said street in compliance with section 6- 4 -3.C.. In addition, snowmobiles or all- terrain vehicles shall take the shortest route on any city street to access any county road, county state aid highway, or any desienated snowmebile tfails other permitted area. 5. On or within fifteen feet (15') of a public sidewalk or walkway provided or used for pedestrian travel. 6. In a tree nursery or planting in a manner which damages or destroys rg owin stock. tock. B. Permitted Areas: 1. The operation of all- terrain vehicles or snowmobiles is permitted north of the described line as shown in exhibit A attached to ordinance 109 on file in the office of the city clerk lerk • for public use and inspection. The following designated areas south of this line are also permitted: a. On Round Lake (when frozen) when access can be legally obtained. b. On Crooked Lake (when frozen) when access can be legally obtained. (Amended Ord. 109, 6 -6 -1995; amd. 2003 Code) c. On private property, provided permission is granted by the owner, occupant, or lessee of such land. C: Crossing Public Streets: A snowmobile or all- terrain vehicle may make a direct crossing of a street or highway, provided: 1. The crossing is made at an angle of approximately ninety degrees (90 °) to the direction of the street or highway, and at a place where no construction prevents a quick and safe crossing. 2. The snowmobile or all- terrain vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway. 3. The driver yields the right of way to all oncoming traffic which constitutes an immediate • hazard. 4. In crossing a divided street or highway, the crossing is made only at an intersection of such street or highway with another public street or highway_ C. Behavior • 1. At any place while under the influence of an alcoholic beverage or controlled substance as defined by state statute. 2. At anyplace in a careless, reckless, or negligent manner, so as to endanger the person or property of another, or to cause injury or damage thereto. 3. In a manner so as to create loud, unnecessary, or unusual noise which disturbs, annoys, or interferes with the peace and quiet of another. 4. So as to tow any person or thing on a publie street o- highyL, except through use of a rigid towbar attached to the rear of the snowmobile or all- terrain vehicle. 5. h4a-ughw&A So as to intentionally drive chase, run over, kill, otherwise take or attempt to take any animal wild or domestic, with a snowmobile or all- terrain vehicle. (Amended Ord. 109, 6 -6 -1995, amd. 2003 Code) 6. £ver-� iger-sen hwiig So as to leave a snowmobile in a public place unattended without having shall locked the ignition removed the key and taken the same with him. (Amended Ord. 109,6-6-1995 6 -4 -6: EXEMPTIONS FROM PROVISIONS: • A. The city's enforcement staff or the county sheriffs department, in order to provide enforcement shall be exempt from the requirements of this chapter. (Amended Ord. 109 6 -6- 1995) B. Authorized snowmobiles and all- terrain vehicles may be used on any public property within the city for rescue, emergency, or law enforcement purposes. C. An all- terrain vehicle or snowmobile may be operated upon any public street or highway in any emergency during the period of time when and at locations where the condition of the roadway renders travel by automobile impossible. (Amended Ord. 109, 6 -6 -1995; amd. 2003 Code 6 -4 -7: VIOLATION; PENALTY: Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in section 1 -4 -1 of this code. (Amended Ord. 109, 6 -6 -1995, amd. 2003 Code) • • Revision #3 City Code 8 -14A. Sight Triangle City Code 12 -4 -5 D. Sight Triangle City Code 12- 14 -12C. Sight Triangle Background The definition of sight triangle is buried in the permitted encroachments and traffic control sections of the City Code. Proposed Change A definition needs to be provided in City Code 12 -2 -2 Definitions. The cross reference from City Code 8 -1 -4 A. needs to be changed to 12 -2 -2. The sections that already contain the definition can stay the same. 12 -2 -2 DEFIMTIONS SIGHT TRIANGLE: On comer lots (including rural areas), nothing shall be placed or allowed to grow in such a manner as materially �pede vision between a height of two and one -half feet (2 1/2') and ten feet (10') above the centerline grades of the intersecting streets within fifteen feet 0 5') of the intersecting street right of way lines. This restriction • shall also apply to the planting of f crops and to yard grades that result in elevations that impede vision within fifteen feet (15') of any intersecting street right of way lines. • 1. In granting vacations of easements or right -of -way, the City Council shall consider the advice and recommendation of the City Engineer and the effect of proposed vacation on street, drainage and utility needs. C. Procedure: 1. 1.Pre- apDlication Meeting: the applicant shall consult with the C ity Engineer to determine whether the proposed vacation would conflict with street, drainage or utility purposes If it is determined that the proposed vacation will not ne atg ively affect street, drainage or utilitv purposes an application may be f iled with the Community Development Department. 2. Application: a completed application form must be submitted with the following application materials: a. Survev of the Dropertv indicating the location of all stree drainage and utility easements and the easement or portion of easement to be vacated. b. A legal description of the easement or portion of easemen to be vacated. c. Any additional information necessary to demonstrate how modifications to the existing conditions will satisfy street, drainage and/or utility needs. 3. Notice To Adjacent Property Owners: Property owners and occupants within . three hundred fifty feet eet (350') of the property in question shall be notified at least ten 00) days prior to the City Council meeting although failure of any property owners or occupants to receive such notification shall not invalidate the proceedings. Notification shall be by mail. 4. Public Hearing: The City Council shall hold a public hearing to review and act on the application The petitioner or representative shall be present to answer questions concerning the proposed vacation. Citv Council Action: The Citv Council must take action on the ap plication within sixty (60) days after the application has been received and determined to be complete by the Community Development Department. The City may extend review of the application an additional sixty (60) days provided a letter describing the reason for the extension is Drovided to the applicant within t first sixty (60) days. 6. Reapplication After Denial: No application for a vacation of easement or right-of- way shall be resubmitted for a period of one year from the date of said order of denial. 0 • Revision #5 City Code 8 -6 -2 Street Name Changes Background City Code 8 -6 -2 is an incomplete list of past street name changes. No codified process exists for the changing street names. Proposed Change Create a process for street name changes to replace City Code 8 -6 -2. Provide a reference for record retention in this section. 8 -6 -2: STREET NAME CHANGES: A. General Provisions: 1 Street name changes may be initiated by the City Council or by petition. B. Procedure: • 1. Notice To Ad iacent Property Owners Property owners and occupants within three hundred fifty feet (350') of the property in question shall be notified at least ten 00) days prior to the City Council meeting although failure of any property owners or occu ants to receive such notification shall not invalidate the proceedings. Notification shall be by mail. 2. Public Hearing: The City Council shall hold a public hearing to review and act on the proposed street name change. 3. Street Name Change Notification: The Building Department shall maintain a list of parties to be notified of street name changes. C Record Retention: Record of all street name changes shall be kept on file in the office of the City Clerk. • • Revision # 9 12 -2 -2 MISCELLANEOUS INDUSTRY DEFINITION Background A definition is provided for "Miscellaneous Industry", but there is no other reference to it in the code. All of the uses listed in the definition are covered separately in the "Permitted, Conditional, and Prohibited Uses" section of the code. The only use not permitted in the Industrial zoning district is "boat and marine sales." Proposed Change The definition of "Miscellaneous Industry" will be stricken from the code. The Planning Commission can discuss whether or not "boat and marine sales" should be added as a permitted use in the Industrial zoning district. It should be noted that exterior sales, display, and storage would require a Conditional Use Permit. 12 -2 -2: DEFINITIONS: 12 -13 -1: USES r L ermitted, Permitted Accessory, Conditional, and Prohibited Uses R -1 RR = 2 RR = 3 R -4 R -5 M -1 M -2 GR LB NB SC GB I R ecreational vehicle, boat, and P P marine equipment sales • • Revision #12 City Code 12 -2 -2 Definition of Story City Code 12 -2 -2 Definition of Floor Area Background The examples within this definition provide a formula for calculating the minimum allowable square footage for a two story residential dwelling. The definition of floor area provides the same formula in a more defined manner. The requirements on which the formula is based are provided in City Code 12 -3 -4 Minimum District Provisions. There is no link between the two and, as a result, an opportunity for errors to be made. Proposed Chance Provide a cross reference between City Code 12 -3 -4 and the floor area definition. Eliminate the examples from the definition of Story. City Code 12 -2 -2 Definitions: FLOOR AREA: In R -1 through R -4 districts for one- and two - family dwelling units, "floor area" shall be defined as the square footage f LQ of ground coverage of the structure, exclusive of the garage; except, that full two (2) story structures shall require only a minimum of eighty percent (80 %) of the district requirements for "floor area" as defined herein. For the purpose of application of this term, a "full two (2) story" shall be defined as a structure of which the second story contains at least sixty percent (60 %) of the minimum square footage of floor area for the applicable district. STORY: That portion of a building between a floor and ceiling with a minimum height of seven feet (T). A basement shall not be counted as a story in a residential structure. Epley A 1 e D 2 > D > D 5 Minim= distriet r-equkemei#Js -e �aet^age - 960 squar- feet " full n " floor- area L`:....t fl 80,14 „ 960 — 768 s quar e For Seeend floor 6A°�a x 960 =376 square met R-2 M4ninvam distriet r - es emengs�e� age — l ,200 squar f r defi o � ininidair square " full two s -y � (see of 2 46 ea" F 7 � stfleer- 880 1 � = 960 f f'i� �i �v��cja�xzrc — rccs r i e or- 6 0- 1 A )E- 1 ,20 - 720 sq'u`are eet 12 -3 -4: MINIMUM DISTRICT PROVISIONS: • R -1 R -2 R -3 R -4 R -5 Floor area per dwelling unit (s.f.) See Floor Area definition for two story homes 1- familyhomes 960 1,200 960 960 960 • Revision #14 City Code 12 -2 -2 Thoroughfare Definition Background The definition refers to a plan that does not exist. Proposed Change Delete definition. Street classification established in previous item. City Code 12 -2 -2 Definitions 0 • Revision # 16 12-3-2,12-3-3 ZONING DISTRICT NAMES & DESCRIPTIONS Background The descriptions of the zoning districts are not as accurate and complete as they should be. Proposed Change The title "Purpose of Each District" will be changed to "Description of Each District." The district descriptions will be updated with specific language including location requirements scattered in other sections and the general range of activity that is allowed to help guide rezoning decisions. In addition, the names of the districts will be updated to more accurately describe what the districts are intended for. 12 -3 -2: ZONING DISTRICTS ESTABLISHED: For the purposes of this title, the city is hereby divided into the following zoning districts: ZONING DISTRICTS ESTABLISHED: Symbol Name R -1 Single Family Rural Residential R -2 S i ngle family estate (low density` Single Family Residential Estate R -3 Single Family Suburban Residential R-4 Bugle family wFbaa Single Family Urban Residential R -5 Manufactured Housing M -1 Multiple dwelling (medium- density) Multiple Dwelling Medium Density M -2 Multiple Dwelling AgP Agricultural preserv (eveday di &iGt) Agricultural Preserve GR General Recreation LB Limited Business NB Neighborhood Business SC Shopping Center GB General Business I Industrial 12 -3 -3: PURPOSE OF EACH DISTRICT DESCRIPTION OF EACH DISTRICT A. R -1 Single F a mily Rural Dist iet. Single Family Rural Residential: This district is intended to provide a residential atmosphere for those persons - desiring to retain a large parcel of land. Such large lots are logical in areas where development . H. GR General Recreation District: This district is intended to provide a location for all types of commercial recreation uses such as golf driving ranges, outdoor theaters, racetracks, and snowmobile areas, most of which require large amounts of land and good separation from residential areas. This district's location shall provide sufficient space for buffering from less intense uses. I. LB Limited Business District: This district is suitable only for commercial uses of a limited (less intense) nature. This may be due to the close proximity of residential uses. The LB district can be used as a transitional district or buffer between noncompatible uses such as intense commercial (GB) and low density residential uses. This district's location shall provide sufficient space for buffering from less intense uses. NB Neighborhood Business District: This district is used for retail sales and services in such scale as to serve the surrounding neighborhood needs. Locations for Neighborhood Business districts are tvpically small plots in close proximity to or surrounded by residential areas. NB zoning districts do not require frontage on an arterial roadway and can be served by local and collector streets. However, this district shall not be served exclusively by local streets. This district's location shall provide sufficient space for buffering from less intense uses. K. SC Shopping Center District: This zoning classification is reserved for modern retail shopping facilities of integrated design in appropriate locations. Normally tWs elas 'll no t e g iven to sppeeifiie undeve l an d par- a tl, �lae genera l eea ti on o f * poten s enter sites ,All be i isate.1 o 41,0 eem p l an . r Thi A il! llewpe4e..4ial dev e l o p ers g rea ter- f - se d re the pes sibilit y o f . u nde r ever- z .. f or- eonun deve D 4 4'..1 S h o pp i n g .. site should b e .1 a th ere t 1 nee s .l eerB o f d ei -A ean be a eeted ...i4l,i t (2) y ears file. i s eh zo Locations for the SC district are larger plots that can accommodate more intensive retail development. Access shall be available from arterial roadways. This district's location shall provide sufficient space for buffering from less intense uses. L. GB General Business District: Th 4 e iae ariety of business uses ineluding retail, seFviee and semi indust-Fial. As J s they may eo businesses vAiieh tend to sefve etheF business and industfy as well as these e4efing to shopper- needs. This district is intended for large -scale retail development with a wide variety of uses including big -box retail, and services. These districts shall be served by one or more arterial roadways. This district's location shall provide sufficient space for buffering from less intense uses. M. I Industrial District: These are areas that have the prerequisites for industrial development, but because of proximity to residential areas or the need to protect certain areas or uses from adverse influences, high development standards will be necessary. I district uses include service industries and industries which manufacture, • Revision # 17 12 -3 -3 -B & C R -2 & R -3 ZONING DISTRICTS Background These two zoning districts are leftovers from planning efforts in the late 1970's. We cannot get rid of them because there are over 2,000 acres in Andover currently zoned either R -2 or R -3. We can, however, revise their definitions to ensure that they are compatible with our current planning efforts. Proposed Change Since 1978 every lot of at least 2.5 acres must have a private sewer and septic system. Additionally, the code must prohibit the rezoning of any future property in Andover to either R -2 or R -3. These changes will be added to the definitions of these two zoning districts. 12 -3 -3: PURPOSE OF EACH DISTRICT: B. R -2 Single - Family Estate District: This district is intended to provide a residential atmosphere for those persons desiring a single - family neighborhood with a suburban density. The v wide vv vv 1V b uilding area, b F ans iti en l ones set aside f us lot si zes to a ssure a1 MU N' 1 1V11M1 V11VJ JVZ 0.Jll{V 1V1 - 1 Tf1IV .AJ s and 1VJLL V41Y1J1p11 at later date. proposed may peffrAt eeeftomieal insWlafieft ef sewer- and water- at a later- date. Lots created after 1978 and without City sewer and water must be at least 2.5 acres in size. No existing properties may be rezoned to R -2. C. R -3 Single- Family Suburban District: This particular district is intended to satisfy those persons who prefer a medium sized lot. Lots created after 1978 and without City sewer and water must be at least 2.5 acres in size. No existing properties may be rezoned to R -3. 0 Revision # 19 12 -3 -5 ZONING DISTRICT MAP Background This section establishes the official Zoning Map. Sequentially, it belongs between the Purpose Statement and Minimum District Requirement sections. Proposed Change This section will be re- ordered to place the Zoning Map section between the Purpose Statement and Minimum District Requirement sections. 12 3-5 12 -3 -4 ZONING DISTRICT MAP: The boundaries of the districts as established by this title are as shown on the map published herewith and made a part of this title which map is designated as the "zoning district map ", which map is properly approved and filed with the zoning administrator. The district boundary lines on said map are intended to follow street right of way lines, street centerlines, or lot lines, unless such boundary line is otherwise indicated on the map. In the case of unsubdivided property or in any case where street or lot lines are not used as boundaries, the district boundary lines shall be determined by use of dimensions or the scale appearing on the map. All of the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and are made part of this title by reference and incorporated herein as fully as if set forth herein at length. (Ord. 8MMMMMM, 7 -2 -2002; amd. 2003 Code) • X3-3- 4 -3 -5 MINIMUM DISTRICT REQUIREMENTS: A. Lot splits may be allowed with lot sizes that cannot conform to the minimum district provisions as follows: 1. This provision shall only apply to lot splits which result in no more than two (2) lots. Reduced lot standards shall not be considered for plats containing more than two (2) lots. 2. Each lot within the proposed lot split shall meet at least two (2) of the following requirements for the applicable zoning district: lot width, lot depth, lot area. 3. Each lot within the proposed lot split shall provide at least ninety percent (90 %) of the requirement that cannot be met. • Revisions # 21 & 23 12 -4 -3 LOT PROVISIONS There are 3 proposed changes in this section: one to 12 -4 -3 -A and one to 12- 4 -3 -C. Background: 12 -4 -3 -A This section provides for construction on existing lots that have become non - conforming due to code changes. It belongs in a section dealing with non - conformities. Background: 12 -4 -3 -C The language in section 1 is overly complicated. Section 2 references curb cuts on thoroughfares. Thoroughfares do not exist and curb cuts are regulated by City Code 12- 14 -10 -D, the City Engineer, and the ACHD, making it unnecessary. Proposed Changes: Section 124-3 -A will be moved to become section 12 -11 -6. Sections B and C will be re- labeled as sections A and B. The language in number 1 of the new section B will be simplified, and number 2 of the new section B will be stricken. 12 -11 -6: NON - CONFORMING LOTS OF RECORD: A An un- platted lot or parcel of land for which a deed or contract for deed has been recorded in the office of the County Recorder upon, or prior to, October 21, 1970 40 shall be deemed a buildable lot, provided: 1. It has frontage on a public street right of way which has been accepted and is currently maintained by the City; 2. The area width and yard space are within sixty percent (60 %) of the requirements of this title. 3. Non - conforming lots may be utilized for single - family detached purposes, but said lot or parcel shall not be more intensely developed. B If any plat for which preliminary approval has been granted by the City Council on or before October 21 1970 is finally approved and filed on or before October 21, 1971 lots contained therein shall be deemed buildable lots, and the provisions of this section not shall apply. 12 -4 -3: Lot Provisions A B u ild a ble I et- 1. A 1+ 1 f 1 L. or- d f ' 1.. ,i .] .,tr ,.t f or - de 1, de a ,l or- re,l the n te par-ee ff o f th eoun- reeer- + th eft eti d o f this title ..hall be upen, d eeme d a b l p . .1 ' it 1, ffentage o e .,,.,,. ,,.l p s tre e t f ight of ,i 1..... o paree o l an d o reoer th e ff t' ,.f e dat 1 ,,, 449 title L.ie is offal • Revision # 22 12 -2 -2 ACCESS DRIVES DEFINITION Background This section provides definitions for words and terms used within Chapter 12. Background There is no definition for an "Access Drive ", which is mentioned in 12 -4 -3 -C Proposed Change A definition for "Access Drive" will be added. 12 -2 -2 DEFINITIONS: ACCESS DRIVE: A road with a width of at least twenty feet constructed of material that can provide all- weather driving capabilities for emergency vehicles. a 0 feet 45') in height shall require a conditional use permit in all districts. (Amended • Ord. 8,10-21-1970-, amd. 2003 Code; amd Ord. ) City Code 12 -3 -4 Proposed New Matrix for City Code 12 -13 Permitted, Permitted Accessory, and Conditional Uses RI R2 R3 R4 R5 Ml IM2 GR LB NB SC GB I Height (maximum) See City Code 12 -13 for 35 35 35 35 35 35 35 35 35 35 45 45 45 exceptions allowed as conditional use Proposed New Matrix for City Code 12 -13 Permitted, Permitted Accessory, and Conditional Uses Zoning District R- 1 R- 2 R- 3 R- 4 R- 5 M- 1 M- 2 G R LB N B SC G B I Churches exceeding height maximum C C C C C C u� to 45 feet in height Schools exceeding height maximum C C C C C C C u to 45 feet in hei ht n • B. In Side and Rear Yards (Not Along Street): Detached outdoor picnic shelters or living rooms or patio decks may extend to within ten feet (10') of aside o rear lot line;. except that No such structures shall exceed five hundred (500) square feet. C. In Rear Yards: r aund y drying °^ me-TA clotheslines, outdoor eating facilities, picnic tables, and recreational equipment, provided these are not less than ten feet (10') from any lot line. (Amended Ord. 8, 10 -21 -1970) D. Ouasi Public Structures: No quasi - pub lic structure shall be located within the public right of way except by permit issued by the governing body, Such structures shall include but not be limited to: utility structures and enclosures, trash eentainer-s bicycle racks benches planting boxes, light standards, s airs. st000s, li 1 . +week,'°°' -in °' ^ signs and other such structures. Amended Ord. 8,10-21-1970 acs . J�F — pI3 VOl..,. LV 4J `tiivauuaaab- rl 11 d ma t er i a ll y b - - w— t o i m p e d e no s h a ll p l ace d t o eh man 1 1,+ f+ d l,..lf f °+ 1/7) and + fi °+ (10 ab the vision b e t ween a (2 e�..,. + .... l - f ...e., o the .__ ___ _0 ____ +4: t...li 1.... 1.. +., l, .... +;.... + �P 1 te ..f ,. ...,. ^r 7 + way stF ri g ht s xetion shall a app a + fifte ti +1...+ i 1+ i g fi °+ (15') o f .. yaF gfa th e v + + + 1 + + 1 n,.,1 Q 10 21 1 970; a 2003 Code) e (A men d e d 7 E R es t r- i e fi ens O L G . i even shall o ff s t Fe °+ ., E M ° s tr ue t u ,-o 0 any type, buildings or- othef features eover- more than sevent-y five per-eepA 0 0 0 12 -2 -2 DEFINITIONS: D. On GorneF Lots (Ineluding RuFal Areas • Clear View Triangle- An area on corner lots where nothing shall be placed or allowed to grow in sneh a manner as ma teiialtv to impede ° betwee to a height of between two and one -half feet (2 1/2 and ten feet (10') above the eenter4ifte grades of the within fifteen feet (15') of the intersecting street right of way lines that result in elevations that impede v' ' (15' of affV inter ht o f w lines (Amended Ord. 8 10 -21 -1970, amd. 2003 • Code 7 - _ .. • , 1 12 -2 -2 DEFINITIONS: D. On GorneF Lots (Ineluding RuFal Areas • Clear View Triangle- An area on corner lots where nothing shall be placed or allowed to grow in sneh a manner as ma teiialtv to impede ° betwee to a height of between two and one -half feet (2 1/2 and ten feet (10') above the eenter4ifte grades of the within fifteen feet (15') of the intersecting street right of way lines that result in elevations that impede v' ' (15' of affV inter ht o f w lines (Amended Ord. 8 10 -21 -1970, amd. 2003 • Code . Revision # 29 12 -4 -6 ACCESSORY DRIVE LOCATIONS Background The information in this section conflicts with the five -foot setback requirement found in section 12- 14- 10 -D -3 -f of the City Code. Proposed Change This section will be stricken from the code. The rest of the chapter will be re- numbered as necessary. I FEW WfflWV9VM rim-M 11 NJ IN" n[ 11 MON . - . 1-3 -4—'l 12 -4 -6: FARMING OPERATIONS: 42 -4-8: 12 -4 -7: VACATED STREETS: 12 4-9: 12 -4 -8: PLATTING: 42-4 102 12 -4 -9: CERTAIN DWELLING UNITS: 12 4 ill QUASI PUBLIC STRUCTURES'.- (This section is being moved to become 12 -4 -5 -D as part of another revision.) 42 -4-42: 12 -4 -10: SHOPPING CENTERS: • B All buildings constructed on properties that abut a street stub or temporary cul -de -sac shall be required to be setback to accommodate the extension of a future street through the property. The required setback shall conform to City Code 12 -3 -4 and be measured from the edge of future right -of -way needed to satisfy the requirements of City Code 11 -3 -3 In the event there are wetlands floodplain or other obstacles to direct street extension through the property, a feasible route for the roadway extension shall be established prior to determining the setback required by this section. 0 • Revision # 34 12 -6 -4 -C ACCESSORY BUILDINGS Background The code, as written, leaves a loophole: properties of less than one acre that are not in the R -4 zoning district are not covered. Proposed Change The section will edited to omit the loophole. 12 -6 -4: Size and Construction Requirements C. The attached garage and detached accessory buildings on a residential parcel in the R- 4 zoning district, or any property less than one acre, shall not exceed one thousand two hundred (1,200) square feet total, and in no case shall the detached accessory building be greater than fifty percent (50 %) of the total square footage of the foundation of the principal structure. 41 • • Revision # 36 12 -6 -5 -F ACCESSORY BUILDINGS IN FRONT YARDS Background 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. Proposed Change The code will be revised, requiring finish materials on accessory structures located in front of the principle structure to match those of the principle structure. 12 -6 -5: LOCATION AND SETBACK REQUIREMENTS: F. Exemptions FFom Front Yard Setback Requirements: No detached garages or other accessory buildings shall be located nearer the front lot line than the principal structure except as follows: 1. On residential parcels with a lot area of one acre or more, a detached garage or accessory building may be constructed closer to the front lot line than the principal structure; however, the minimum distance it may be from the front lot line is sixty feet (60'). 2. All detached garages or accessory buildings constructed nearer the front lot line than the principal structure shall be similar in design so as to be compatible with the principal structures. On all such structures, the front of the structure and anv side facing a public street shall be finished with the same exterior finish materials as the principle structure The remaining sides shall have exterior finish materials that are similar and compatible to those on the principle structure. 0 • a. Driveways and off street parking facilities accessory to residential uses shall be utilized solely for the parking of licensed and operable passenger automobiles, no more than one truck not to exceed a gross capacity of twelve thousand (12,000) pounds, and recreational vehicles and equipment. b. In an R -1 or R -2 single - family residential district on a parcel of at least three (3) acres in size, one truck tractor may be stored within an accessory building. Under no circumstances shall the required parking facilities allow for the parking of semi- trailers. c. Private Garages: A private garage in a residential district shall not be utilized for business or industry. Further, not more than one -half (1/2) of the space may be rented for the private vehicles of persons not residents on the premises; except, that all the space in a garage of one or two (2) car capacity may be so rented. Such garage shall not be used for more than one vehicle registered as a commercial vehicle with the state of Minnesota. Said vehicle must be registered to the property lessor or relative living on the premises, and the gross weight of such commercial vehicle shall not exceed twelve thousand (12,000) pounds gross capacity. 40 • 2. Fences shall not be placed in any utility easement whe any under ground utility is present Fences may be placed within other utihty easements so long as they do not interfere in any way with ex> stmg under ground or above ground utilities The existence and location o private utility easements and equipment must be determined by contacting Gopher State One Call The City or any utility compa having authority to use such easements shall not be liable fo repair or replacement of such fences in the event they are moved, d amaged, or destroyed by virtue of the lawful use of said easement 3. No fence shall be constructed so as to enclose hinder or restrict access to utility boxes fire hydrants or any other above ground utilities. 4. Fences on corner lots shall not encroach upon the Clear Vi Triangle as defined in 12 -2 -2 of this code. 5. Fences shall not be constructed or placed in such a m so as to obstruct the flow of water to or through drainage areas o wetlan In easements which are for the purpose of providing access to drainage and ponding facilities for maintenance work- access gates sha be provided through the easement area at the owners expense. 12 -7 -3: R E GUL ATIO NS RELATED TO FENCE HEIGHT AN nab' 0— BRSTIRUCU ON S: A. ' wall f S . E f > rrF}jri2f3C�, L � a shall meet the re qu i re d l_ ildi th 1 F or- the zoning distrie4 1,' 1, '+' 1 t A o s h a ll + er-ea a + rf t, af d In the side and rear Yards behind the principal structure fences up to a height of six (6) feet are allo + 1 s h a ll not be F f ee t (4 i n i,eig + 1; t - + 4 s i ea and the or - <a f enees " , as defifted in 62 + 17 9 7 thi tit D 1 s f el •e 1 d 4 2 single + d i + eater. tha s--- fe i6'\ i height Fences located in front of the principal structure or in side vards adiacent to the st on corner lots, shall not exceed four (4) feet in height. In the R -1 Single-Family Rural Residential and R -2 Single - Family Estate zoning districts, "ornamental fences ", as defined in section 12 -2 -24- of this title, of up to six (6) feet in height are permitted, provided the fence ee pf en ns te tfaffie v i sibility ,,,, ,.,e.. +s does not encroach upon the Clear View Triangle as defined in secti 12 -2 -2 of this code. and is not g reat er - than six feet i6'\ , 1 + s 12 -7 -6: EXEMPTIONS FROM PROVISIONS: Fences which are for the sole purpose of containing farm animals are not subject to the provision of this title. (Ord. 8PPPPPP, 8 -20 -2002; amd. 2003 Code) 0 . Revision #40 12 -5 -3 Background Before the adoption of the new PUD ordinance, this section was needed to allow the higher densities for townhome developments. It is no longer needed. Proposed Change Staff recommends the entire section be deleted. `J E Revision #44 City Code 12 -8 -10 Retail Shopping in Industrial Districts: Background This section was added in 1982, prior to any type of commercial site plan process. It now duplicates requirements provided in other sections as indicated below. The two unique requirements, annual review and a general inventory are not necessary as indicated below. Proposed Change It is recommended that this section be removed. Retail trade and services will remain a conditional use as illustrated in City Code 13 -3. n Th eon ditione A use p efm it sh be subject to an aPARMII rev .r A process for revoking CUP's is established in City Code 12 -15 -6 Conditional Uses. The City also has the ability to specify a time limit or review dates through the approval process. 1? nptn ijed a f the b b a This is required through the commercial site plan and building permit processes- C. T th th sho p ut shall e stated. The uses allowed under Retail Trade and Services are defined in City Code 12 -2 -2. The City has the ability to further limit these uses through the conditional use permit process. Expansion or changes to the use require an amendment to the conditional use permit. D P ar ld ag z __ L. ,. 4 s h a ll b t ou : t• 12 15 1 - 0 - of Oh -i itl Repetitive. E. A g eneral iaN shall be provided along A4� other items deteFmined neeessafy by th e •t e oune il . ( A m ended Or-d. 0 10 —g; See staff comments under part C. AIR stffifleta.fes and b (Amended Of 4. 8,10 21 1970 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 co nducts the business of furnishing selling or dispensing motor fuel and liq uified petroleum for motor vehicles These regulations shall also pertain to automobile rep air, serv and painting establishments. 12 -8 -11: AUTOM OBILE SERVICE STATION The regulation of automobile service stations strives to achieve compatib of these stations with adjacent and abutting land uses In addition such regulation is intend to protect the public health safety and general welfare by mitigating a p otentially detrimental aspects of automobile service stations including potential traffic hazards, noise, li ht glare at night outdoor storage of merchandise indiscriminat ad vertising, e nvironmental health hazards and the like Automobile service stations shal be subject to the following: A. All new buildings the site tanks piping and dispensing stations shall co mply with the current provisions of the International Building Code Minnesota State Fire Code, and all provisions related to underground liquid storage systems required in s ection 12 -8 -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 servic vehicle 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 (10) days. Inope vehicles are regulated per section 6-5 of city code. E. Pump islands are subject to setback requirements. F. Exterior storage and sales shall only be allowed as approved through the c onditional use permit. 0 011 4 •• NJ 1 AIR stffifleta.fes and b (Amended Of 4. 8,10 21 1970 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 co nducts the business of furnishing selling or dispensing motor fuel and liq uified petroleum for motor vehicles These regulations shall also pertain to automobile rep air, serv and painting establishments. 12 -8 -11: AUTOM OBILE SERVICE STATION The regulation of automobile service stations strives to achieve compatib of these stations with adjacent and abutting land uses In addition such regulation is intend to protect the public health safety and general welfare by mitigating a p otentially detrimental aspects of automobile service stations including potential traffic hazards, noise, li ht glare at night outdoor storage of merchandise indiscriminat ad vertising, e nvironmental health hazards and the like Automobile service stations shal be subject to the following: A. All new buildings the site tanks piping and dispensing stations shall co mply with the current provisions of the International Building Code Minnesota State Fire Code, and all provisions related to underground liquid storage systems required in s ection 12 -8 -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 servic vehicle 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 (10) days. Inope vehicles are regulated per section 6-5 of city code. E. Pump islands are subject to setback requirements. F. Exterior storage and sales shall only be allowed as approved through the c onditional use permit. 0 A. Permitted Home Occupations Enumerated: Permitted home occupations include, and are limited to: art or photo studio, dressmaking, secretarial services, professional offices, repair services, or teaching services limited to three (3) students at any one time and similar uses. B. Number Of Employees: The number of employees shall be limited 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 REQUIRED2 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. 0 2. Woodworking. 2. Numb er of empleyees. Z 7 sratiefi and are within r - r .n I 4 4 .7 aeees set=y l ' t'1' z ed by th home eestpatien, 1 seation Fifid size of exter-ior- stafage (all eK4erier- storage shall eefn pl,l with sedkffi 12 14 C o f thi title sere I 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) J t' .. t., -he take« 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 Chanter 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. E-D. Number Of Chairs: One chair salon/barber only. D 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. F- 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. 2. in nensewered areas, a m o f 44t nine thousand (39,000) squar-,—feeti)40t size s be requ areas, in nonsewer-ed the sep tj & ,, ys tem shall be i annually before the permit eon ditiene4 use 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: Revision # 50 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: GILOIC R OF 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. n l aw f u l Refle ma y w a n !y t. to a use of the same or- more b e j ass if i ea ti on . fA faen ded 0r-4 4 10 21 !off The structure or area within which a nonconforming use is contained ma not be extended enlarged 10 reconstructed substituted moved or structurally altered. C. A nonconforming use shall not be expanded so as to incorporate more employees, generate increased amounts of roduct or otherwise increase in scale or scope from its inception. • C and r-estaufants. r O t Spoi4iti and boat sales ineluding senriee and rental- Urban a uses. (Amended Qrd. 8, 10 21 1970) ISM ■ ,I r Ma . at I AM�Ai M ■ _ _ WIN RM pm • �- WFPWF ..•• .. a MOMIMMMA ■ nR-C BarbeFshep. Bea uyy,` . T. C1- -= t t« s ! vial C -2 41 -1 and 104g Colle s C, 1' 1 1 1' (2 o minimum lot size r-equifemenW. • . . ». g c Craft aed arAique b--- . nesses-in R 1 di in b desi led as his4er-ieal sites by e D ! 1 1 e ..1,;1�T •• •• ■ s _ • . ■ " • ■ • • T T a t 1 Dist.«..t... A It 1, .1 f a ' title 2 ;� _ � aP • II" uar- licclxoe. o ut d asF di sp l ay, s pubiie " • T T a t 1 Dist.«..t... A It 1, .1 f a ' title 2 ;� _ � aP • II" uar- licclxoe. o ut d asF di sp l ay, s pubiie W, N M r.. N ° � O � O N � Q N �Q�D �D o cd Z3 HD N CQ p P , U O A,e ccl d.w0 rl G o G 0 U pq = o l z�� P U A � A P. r. o Pti U Q ° , Q � U a� pa < ;:L4 o r ��' Cd X A �� M �az - c=n� •O a) U z U z a UXXU z Q U to 0 A yea F > => a 3 a wwwww X X wt a a bo bo un 80)CZ U5 a aaaaa'� ° � O � O N � Q N �Q�D �D o cd Z3 HD N CQ p P , U O A,e ccl d.w0 0 u l m P U U P. Pti U Q < U X X U U U U z a UXXU U a a U X X a U a U U 4 UXX U U N �'+ UXX UU UUUUU U UXX UL) UUUUU U UXX UU UUUUU U a 44 U X X U U UUUUU U �a as UXX U UUUUU U r N Afx as UXX U UUUUU U 0 N a �a u x u U UUUUU U VJ a) Y a) o bw y U GO ° m i U $ o bE O O G y U O Cd G o a) a Id ^ 0 b U a ov bi , n c o ° G y cn o v b y G O 'd W a) ;x ° N 0 GI W r+ O 5 .p 0. n G ,�, ti G �." G 3 � . Cd m w ti y G U Lt a, �' w o a r 3 ca N �. • V�1 '� Y .a (d a) O tU. y U � ,Sy y 0 'O .0 ° 4 aGi o .� .Yj ° o N JS b R F w d � N O C y O G N 2- m 0 o n v o . 0 c .?,? 3 3 v v bUD ` °o + a = t8 a U ai c UUUUU UU c o c C. R. 0 u X U a CU a a. a U CU C�7a XX XUUCs. tll a a. a, a. U Ucll U XUU U (.0 N X X X cll P, a• a U XX X aU a a cll c9a,W X XU cDU P U U> N �p U Cll a pd, CD X X a w X CD U v' Cll U Cll a¢+ CU CC X X a a X o. C4 X X w w X (D U a p; X X a a X u U a N CD C4 X X a a X CD U a" a u fs. X X o a X u U b b ° U od N 3 ° �.� Y Cd 10 m CC it N N bf L+ CC U "o ti y Y rl ° p Cod ci o o x 2 0 Cc cz cc �i [d � (� " N O O wow y O "O. -OY. U a+ O. N o :-: m t cd id y .-. ga N O O O O O .0 O O Q H .q 4; �' O 7 .t ;� .� v ' 'b b - 6 . .g w o -o m a� a� o o o o a w U ax S� x3xaaa 000000a 0 U N d y � y p U O p � N ' C > P� P. N M � q C) C v d � Y � �s, ta XX �+ Y ,p 0. o X aUP.P.aa D) O 7 O U .� r Y W o N W y . p X X a X U o v �, o o N m U CA CA y a op � M� c ' O CU w a 34 U N a4 O N .f.3 O O u I 7- Y d'� C o > c °Y' d L m CC) U p n W O .y y C N b N tC o.� X w N • N 0 X Z E w o y y ''o o :t4 Y Cll o 0 OU P O 0-0 U U 1 CU XX C N .y O U X y C Cd Y u Y Q O" O U U N O C d y d o y +0+ . o w O E r U 0 o °' U i w N p X X � N � U X > ^ v y ^� ga4 >' a Y co U y 0 O y y„ C' N C w O y O O U XX UX PG` y� E N Y Q Y U Y X X U X 4 , ' W U ~ N N Cd O N 3 d 0 o L w y a i O cdd G m 0 U to o X X U X o x , i m 3 d ; - 0 a a ° on�p• F. Y U d N 'b 9 XX .1i Cd ld N L a S'b o u a 3 ;¢ a4 C .-. hl ri 7 h 1 16 r O by •� O C � Y > OA U p }�^ O C w N c {q W N p O u� C b c Cd N . �' Cd Y O N cd 0 O Y 0 3 0 o 0 N °� V �" • Cd y iii Nom•' .r.+' Y N d zi O a� Cd y O > x O r. -0 w to m t o ^ o -0 v 3 Cd o p o o N N O �d N w 0 q N 0 C C. .� N 0 CL O bE (; ^J C m co Cd t 4� F y vii f�.' id .p N N N Y 3 O N O O U. 3o c bc E' d V a o HHHH ' » >> d y � y p U O p � N ' C > N M � q C) C v d � Y s ta o � �+ Y ,p 0. o CO y D) O 7 O G y CC .� r Y W o N W y . p cd 0 o v �, o o N m U CA CA y a op � M� c ' O CU w 34 U N O O N .f.3 O O u I 7- Y d'� C o > c °Y' d L m CC) U p n y 0 V� O O .y y C N b N tC o.� � ° a w N • N 0 Y Z E w o y y ''o o :t4 Y Y o 0 OU N O O 0-0 U 1 b W C N .y O ^O .o y C Cd Y u Y Q O" O U U N O C d y d o y +0+ . o w O E r .^ 0 c 0 o °' o o 0 i w N p ar O � N � C -' > ^ v y ^� ga4 >' Y co U y 0 O y y„ C' N C w O y O O bo ^.> PG` y� E N Y Q Y Y >, L .�-+ 3 .a 4 , ' W U ~ N N Cd O N 3 d 0 o L w y a i O cdd G m 0 0 0 to o 4) o x , i m 3 d ; - 0 0 a ° on�p• F. Y d N 'b 9 � .1i Cd ld N L a S'b o a a 3 ;¢ a4 C .-. hl ri 7 h 1 16 r . Revision # 54 12 -14 -2 CODE ENFORCEMENT Back round The "Zoning Code" lists the city council as those who will be responsible for enforcement. The City's policy has been to use a designee to enforce the zoning code. A Zoning Administrator or Zoning Code Enforcement Officer has undertaken the enforcement responsibilities and the City Council has played a less active role. The "Enforcement" section of the City Code should reflect this policy. Proposed Change Add the term "designee" to the Enforcement section of the "Zoning Code' 12 -14 -2: ENFORCEMENT: The city council or their designee shall be responsible for enforcing these standards. (Amended Ord. 8, 10 -21 -1970) 0 B. All Districts: The city council may require a conditional use permit for any exterior storage if it is demonstrated that such storage is a hazard to the public health, safety, convenience, or morals, or has a depreciating effect upon nearby property values, or impairs scenic views, or constitutes a threat to living amenities. (Amended Ord. 8, 10 -21- 1970) 0 Revision #59 City Code 12 -14 -5 Screening City Code 12 -14 -10 E. Required Screening Background Screening requirements are provided in two different places in the City Code and the requirements conflict with each other. The current requirements do not provide for screening of commonly required items in other cities such as; trash enclosures, loading docks, mechanical equipment and double frontage lots. Proposed Change Provide all screening requirements in the performance standards section of the City Code. Reference this section as appropriate in other areas of the code. The proposed language below is a composite of other city's regulations structured in a topical format. 1 !4rrr, MUR WIN IF _ R • IBM VA 4k1!W�i I IF _ R • 12 -14 -5: Screening: 1. Exterior Storage: Screening from resiuenua► ry VLuC;Z5 Diu "UK- ��•� -- - -- p rovided with an architecturally compatible opaque fence with a minimum height of six feet as measured from the surface of the exterior storage area. Plant material shall be provided on the outside of the fence for aesthetic appeal Additional fence height and/or berming shall be required if a six foot fence would not block direct vision of the exterior storage. a. Landsc products and merchandise displayed for sale in limited quantities may be exem t from this screening re uirement rovided tha# a conditional use pe rmit and commercial site plan approval have been achieved and the approved p lan provides s ecified locations appearance and maintenance criteria and prevents conflicts with traffic circulation and emergency access. • 2. Loading D ocks Screening of loading docks from public streets and residential properties shall b e provided to the top of the loading door(s) Such screening shall be provided with a w ing wall constructed from the same materials as the principle s truct ure whenever possible Other views into the loading dock from public streets an residen properties shall be sc reened with a combination of berming fencing and landscaping to a minimum heig of six feet except within sight triangles at intersections with public streets. 3. Mechanical Equipment: a. Roo ftop mechanical equipment shall be screened from public streets and residential properties with a cornice parapet, or other architectural feature to the fu llest extent possible Any remaining protrusions of roofto equipme above these features shall be painted to match the principle structure. b. Ground mounted mechanical equipment shall be screened from public streets and residential Properties with landscgping landscaping or a fence or enclosure that is architecturally compatible with the principle structure. 4. Multiple F rontage Residential Lots: Screening between the rea y ard and th adjacent street shal be provided to achieve a minimum height of six feet at p lant matur as mea sured from the surface of the adjacent street Such screenmg must consist of. . a. Existinggve vegetation Revision #60 City Code 12 -14 -6 Background As shown below, the City's landscaping requirements are minimal. Without specific requirements it is difficult to require a consistent level of landscaping. Proposed Change Create landscaping requirements for non - residential properties that achieve a reasonable level of landscaping. Approach Staff prepared a table to compare landscaping regulations of other communities. The table shows a variety of means of regulating landscaping. Staff has prepared the potential ordinance language below for discussion. 12, 14 L L A N - D SC A ING 1PN ALL T DISTRICTS' landseaped yar-d aleng all stree4s. T14s yard shall be kept alear- of all s4ye4ffes-, s torage, and e stFeet par-king- as herein pr-oAded. (Amended Or-d. 8, 10 21- 12 -14 -6: Landscaping of Nonresidential Properties A. Purpose and Intent. The City of Andover recognizes the health, safety, aesthetic, ecological and economic value of landscaping and screening. The provisions of this Section are intended to: 1. Add visual interest to open spaces and blank facades; 2. Soften dominant building mass; 3. Provide definition for public walkways and open space areas; 4. Ensure significant tree canopy shading to reduce glare and heat build -up; 5. Improve the visual quality and continuity within and between developments; 6. Provide screening and mitigation of potential conflicts between activity area and more passive areas; 7. Protect and improve property values; 8. Improve air quality and provide a buffer from air and noise pollution; 9. Enhance the overall aesthetic conditions within the City; 10. Limit sight line obstructions and drainage conflicts; 11. Reduce the potential for criminal and illegal activities; and 12. Prevent conflicts with utilities. B. Landscape Plans: A landscape plan shall be submitted with any Commercial Site Plan Application as described in City Code 12- 15 -xx; discussed in the Planning Manager's Landscaping and Screening Policies and Procedures document. 5. Fire Hydrant and Utility Clear Zone. The area three feet in radius around all fire hydrants, fire hose connections and utility boxes must be kept free of any trees, shrubs or other landscaping feature that could impede access to or use of the hydrant, fire hose connection or utility box. H. Administration: The City shall have the authority to adopt and implement Landscaping and Screening Policies and Procedures for the purpose of specifying landscape plan submittal requirements, establishing surety rates and procedures and offering landscaping and screening material and design recommendations. Ground cover. All site areas and areas that have been disturbed during construction must be covered with sod to property lines and/or adjacent rights -of -way. Rock and mulch may be substituted for sod in landscaping planting beds and along the perimeter of buildings. All landscaping planting beds shall provide durable edging system. Native plant communities may be re- established in appropriate portions of the site. J. Irrigation Required. All landscaped areas shall be irrigated. K. Material Maintenance. The property owner must maintain all landscaping and screening materials shown on the approved landscape plan in a manner consistent with the intent and purpose of the plan and City Code requirements. Approved landscaping and screening materials that die, become diseased or are significantly damaged must be • replaced at the next appropriate planting period with new materials m conformance with the approved landscape plan and applicable City Code standards. L. Ground Cover Maintenance. Ground cover must be maintained in accordance with Sections 10.37 —10.42 of this Code. M. Removal. Unless a modified landscape plan is approved, landscaping and screening materials and structures approved on a landscape plan must not be removed except when replaced in accordance with this Section. N. Surety. To ensure that landscaping and screening is installed as proposed and survives through at least one full growing season, a landscape performance surety must be submitted prior to issuance of building permits for new development where a landscape plan is required. The surety may consist of a bond, an irrevocable letter of credit, cash deposit or other instrument which provides an equal performance guarantee to the City. • Revision # 61 9 -9 -1 HOUSING MAINTENANCE CODE 9 -9 -1: PURPOSE AND INTENT: A. Purpose: The purpose of this chapter is to protect the public health, safety and the general welfare of the people of the city. These objectives include the following: 1. To protect the character and stability of residential areas within the city. 2. To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and or health of Andover residents 3. To provide minimum standards for heating and sanitary equipment and for light and ventilation necessary to protect the health and safety of occupants of buildings. 4. To prevent the overcrowding of dwellings. 5. To provide minimum standards for the maintenance of existing residential buildings and to thus prevent substandard housing and blight. 6. To preserve the value of land and buildings throughout the city. B. Intent: With respect to disputes between tenants and landlords, and except as otherwise specifically provided by the terms of this chapter, it is not the intention of the City Council to intrude upon the accepted contractual relationship between the tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as arbiter, nor to be receptive to complaints from tenant or landlord which are not ordinance related. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of city government. In enacting this chapter, it is not the intention of the City Council to interfere or permit interference with legal rights to personal privacy. (Ord. 267, 7 -20 -1999) 9 -9 -2: APPLICATION OF PROVISIONS: This chapter establishes minimum standards for maintaining dwelling units, accessory structures and related premises. This chapter is intended to provide standards for rental housing and to provide standards to allow resolution of complaints regarding owner occupied housing. (Ord. 267, 7 -20 -1999) 9 -9 -3: DEFINITIONS: Whenever the words "dwelling ", "dwelling unit ", "premises ", or "structures" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof'. The following definitions shall apply in the interpretation and enforcement of this chapter: closets, storage spaces, workshops, and hobby and recreation areas in parts of the structure below ground level or in attics. HEATED WATER: Water heated to a temperature of not less than one hundred ten degrees Fahrenheit (110 °F), or such lesser temperature required by government authority, measured at faucet outlet. KITCHEN: A space which contains a sink with counter working space, space for installing cooking and refrigeration equipment, and space for the storage of cooking utensils. MAINTENANCE: Upkeep of property and equipment in a safe working condition for which it was installed and/or constructed. MULTIPLE- FAMILY DWELLING: A dwelling or portion thereof containing two (2) or more dwelling units. OCCUPANT: Any person (including owner operator) living, sleeping, cooking and eating in a dwelling unit or living and sleeping in a rooming unit. OPERATE: To charge rent for the use of a unit in a rooming unit. • OPERATOR: The owner or his/her agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let. OWNER: Any person, firm or corporation who, alone, jointly, or severally with others, shall be in actual possession of, have charge of, care of, or control of any dwelling, dwelling unit, or rooming unit within the city as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Any person representing the actual owner shall be bound to comply with the provisions of this chapter to the same extent as the owner. PERMISSIBLE OCCUPANCY: The maximum number of persons permitted to reside in a dwelling unit or rooming unit. PERSON: An individual, firm, partnership, association, corporation, company or joint venture or organization of any kind. PLUMBING: All of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. 1 1 insects and/or rodents in a manner approved by the city. The city requires that refuse and garbage be disposed of by a garbage hauler 65 2. Every owner of a multiple - family dwelling shall supply facilities for the storage and/or disposal of refuse and garbage. In the case of single- or two - family dwellings, it shall be the responsibility of the occupant to furnish such facilities as prescribed by city ordinance. D. Storm And Screen Doors And Windows: The owner of a rental dwelling unit shall be responsible for providing, maintaining and hanging all screen and storm doors and storm windows whenever the same are required under the provisions of this chapter. E. Pest Extermination: Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodent -proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two (2) or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two (2) or more dwelling units, extermination thereof shall be the responsibility of the owner. • F. Rodent Harborages Prohibited: 1. Occupied Areas: No occupant of a dwelling or dwelling unit shall accumulate boxes, firewood, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. Outside stored materials shall be stacked neatly in piles at least four inches (4 ") above bare soil or ground. 2. Public Areas: No owner of a dwelling containing two (2) or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or premises. Materials stored outside by the owner or permitted to be stored by the owner shall be stacked neatly in piles at least four inches (4 ") above bare soil or ground. G. Storage Of Food For Rodent Prevention: No owner or occupant of a dwelling unit shall store, place or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. H. Maintenance Of Plumbing Fixtures And Facilities: The owner or occupant of a dwelling unit shall maintain all supplied plumbing fixtures and facilities therein. • I. Minimum Heating Capability And Maintenance: In every dwelling unit or rooming unit, when the control of the supplied heat is the responsibility of a person other than the • code. Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the beater water closet to be operated properly, and all shall be connected to a sewer system in compliance with city ordinances. E. Lavatory Sink: Within every dwelling unit there shall be a lavatory sink. Said lavatory sink may be in the same room as the #lash water closet, or if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and shall provide at all times an adequate amount of heated and unheated running water under pressure and shall be connected to an approved sewer system in compliance with city ordinances. F. Bathtub Or Shower: Within every dwelling unit there shall be a non - habitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an entrance door which affords privacy. Said bathtub or shower may be in the same room as the #Ixeh water closet, or in another room, and all shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated water under pressure and shall be connected to an approved sewer system in compliance with city ordinances. (Ord. 267, 7 -20 -1999) . 9 -9 -6: STAIRWAYS, PORCHES AND BALCONIES: Every stairway, inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition and sound repair. Stairs and handrails shall conform to the Andover building code standards 66 . Every porch, balcony or deck which is thirty inches (30 ") or more above grade shall have a guardrail and shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause hazard. No flight of stairs shall have rotting, loose or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load of one hundred (100) pounds per square foot of horizontal projection. (Ord. 267, 7 -20 -1999) 9 -9 -7: ACCESS TO DWELLING UNITS: Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. (Ord. 267, 7 -20 -1999) 9 -9 -5: SECURITY FOR RENTAL UNITS: No owner shall let or rent to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwellings or dwelling units are equipped with safe, functioning locking devices. Rental dwellings shall be furnished with door locks as follows: A. For the purpose of providing a reasonable amount of safety and general welfare for persons occupying multiple - family dwellings with common areas, an approved security system shall be maintained for each multiple- family building to control access. The 3. Every habitable room shall contain one electrical convenience outlet for each twelve . (12) lineal feet, or major fraction thereof, measured horizontally around the room at the baseboard line; provided, that in each room, a ceiling type electric light fixture may be substituted for one of the required electrical convenience outlets. (Ord. 267, 7 -20 -1999; amd. 2003 Code) 4. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling type or wall type electric convenience outlet. 5. Every public hall and public stairway in every multiple dwelling shall be adequately lighted to provide at least ten (10) foot - candles of illumination of all parts thereof at all times by means of properly located electric light fixtures; provided, that such electrical lighting may be omitted from sunrise to sunset where there are windows or skylights opening directly to the outside and where the total window or skylight area is at least one- tenth (1 /10) of the combined horizontal area of the floor and stairway of each such public hallway and where such windows or skylight provide adequate natural light to all parts of each public hallway. Every public hall and stairway in dwellings containing two (2) dwelling units shall be supplied with convenient light switches, controlling an adequate lighting system that will provide at least ten (10) foot - candles of illumination on all parts thereof, which may be turned on when needed. 6. A convenient switch or equivalent device for turning on a light in each dwelling unit shall be located near the point of entrance to such unit. (Ord. 267, 7 -20 -1999) 9 -9 -10: MINIMUM STANDARDS FOR HEAT: A. Standards Established: No person shall occupy as owner or occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not have heating facilities which are properly installed and maintained in a safe and working condition and which are capable of safely heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least seventy degrees FahFen-beit ""°F) h l esser- r required by gove ePA aut—berity to be maintained at fleer- level, when the eu4deef i t d egre e s b b l„ -- Fahrenheit ( 201F) sixty -eight degrees Fahrenheit (68 ° F) on the design heating day. B. Prohibited Heating Methods: 1. Gas or electric appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. 2. Portable heating equipment employing flame and the use of liquid fuel does not meet the requirement of this section and is prohibited. 3. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. (Ord. 267, 7 -20 -1999) 9 -9 -11: GENERAL MAINTENANCE REQUIREMENTS: 0 . s resistant hall conform to�chapter 12 -7 of this code. F. Accessory Structures: Accessory structures shall be structurally sound and be maintained in good repair. The exterior of such structures shall be made weather resistant through the use of decay resistant materials such as paint or other preservatives. All accessory structures shall conform to chapter 12 -6 of this code. G. Safe Building Elements: Every foundation, roof, floor, exterior and interior wall, ceiling, inside and outside stair, every porch and balcony, and every appurtenance thereto, shall be safe to use and capable of supporting normal structural loads. H. Facilities To Function: All equipment or utilities required under city ordinances and every chimney and flue shall function effectively in a safe and working condition. I. Grading And Drainage: Every yard, court, or passageway on the premises on which a dwelling stands shall be graded and drained so as to be free of standing water that constitutes a detriment to health and safety. J. Yard Maintenance: Every yard of a premises on which a dwelling stands shall be maintained to prevent dust and erosion. (Ord. 267, 7 -20 -1999) 9 -9 -12: CONSTRUCTION REQUIREMENTS: Every dwelling within the city shall conform to the Minnesota State Building Code, International Building Code and International Residential Code (Ord. 267, 7 -20- 1999; amd. 2003 Code) 9 -9 -13: MAXIMUM DENSITY, MINIMUM SPACE FOR RENTAL UNITS: No person shall permit or let to be occupied any rental dwelling for the purpose of living therein which does not comply with the following requirements: A. Permissible Occupancy Of Dwelling Unit: The maximum permissible occupancy of any rental dwelling unit shall be determined as follows: 1. For the first occupant, one hundred fifty (150) square feet of habitable room floor space and for every additional occupant thereof, at least one hundred (100) square feet of habitable room floor space. 2. In no event shall the total number of occupants exceed two (2) times the number of habitable rooms, less the kitchen, in the dwelling unit. B. One Family Per Dwelling Unit: Not more than one family, except for temporary guests, shall occupy a dwelling unit. (Ord. 267, 7 -20 -1999) 9 -9 -14: ADMINISTRATION AND ENFORCEMENT OFFICIAL; INSPECTIONS: • reasonable time, the dwelling may be declared a hazardous building and may be removed, razed or corrected pursuant to the provisions of Minnesota statutes sections 463.15 to 463.261. (Ord. 267, 7 -20 -1999) 9 -9 -16: COMPLIANCE ORDER; APPEALS; PENALTY: A. Issuance; Contents: Whenever the building official determines that any dwelling, dwelling unit or rooming unit or portion thereof is in violation of this chapter or any other ordinance, he /she may issue a compliance order setting forth violations of this chapter or any other ordinance and ordering the owner, occupant, operator or agent to correct such violations. This compliance order shall: 1. Be in writing. 2. Describe the location and nature of the violations of this chapter. 3. Establish a reasonable time frame, not to exceed sixty (60) days, to correct such violation and notify the owner of his appeal recourse. 4. Be served upon the owner, operator and occupant, or any of them; provided, that such notice shall be deemed to be properly served upon such owner, operator, or occupant if a copy thereof is: a. Served to him/her personally; or b. Sent by registered mail to his/her last known address; c. Upon failure to effect notice through subsection A4a or A4b of this section, service may be made pursuant to Minnesota statutes section 463.17, subdivision 2, which reads as follows: This order shall be served upon the owner of record, or his agent if in charge of the building, and upon the occupying tenant, if there is one, and upon all lien - holders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon him by posting it at the main entrance to the building and by four weeks' publication in the official newspaper of the municipality if it has one, otherwise in a legal newspaper in the county. (Ord. 267, 7 -20 -1999; amd. 2003 Code) B. Appeals: 1. When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this chapter, or upon a misstatement or mistake of fact, such person may appeal the compliance order to the City Council. Such appeal must be accompanied by a filing fee as designated by City Council in cash or cashier's check and must be filed with the building official within five (5) business days after service of the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from unless such stay would cause imminent peril to life, health or property. r 1 U Revision #62 12 -14 -9 Signs Background The entire sign code will be reviewed at another time in its entirety. Proposed Change No changes are being made at this time. It will be reviewed when the entire sign code is discussed. L J Revision 967 12 -14 -12 Traffic Control Background The City staff discussed (at a Council workshop) bringing forward a Zoning Code amendment requiring a traffic impact study of all new development that met a certain threshold of daily traffic. The City Council recommended that this be adopted as a policy rather than a Zoning Code amendment. Proposed Change Staff will bring forward a policy statement that will enable the Council to authorize a traffic study when it is warranted. There is no need to amend the Zoning Code to enable this to happen. It will be enacted as an amendment to the City's Transportation Plan. 0 • Revision # 69 12 -14 -19 DRIVE -IN BUSINESS STANDARDS Background This section establishes standards for drive -in businesses. The general requirements are covered in other sections and drive - through windows are controlled by the Conditional Use Permit process. This section is no longer needed. Proposed Change This section will be stricken from the code. ■ - PER M4 0 . Revision 471 City Code 12 -14 -21 E. Animal Shelters Background This section provides setback requirements for accessory buildings that house animals. It is presently buried under Other Nuisance Characteristics where it is difficult to find. Proposed Change It is recommended that this section be moved to City Code 12 -6 Accessory Buildings and Structures and City Code 12 -5 Setback Requirements. A specific section number will be assigned based on other potential adjustments to City Code 12 -6. 12- 14 -21: Other Nuisance Characteristics: B. -6 - ?? Animals: Any building in which farm animals or pleasure /recreational animals are kept shall be a distance of one hundred feet (100') or more from any other occupied residence, and any open or roofed enclosure in which such animals are kept shall be a distance of fifty feet (50') or more from any occupied residential lot 130 . The city council may order the owner of any such animals to apply for a conditional use permit if it is deemed to be in the interest of the public health, safety, or general welfare. (Amended Ord. 8, 10 -21 -1970; amd. 2003 Code) 40 12 -5 Setback Requirements: 5 Animals: Any building in which farm animals or pleasure /recreational animal are kept shall be a distance of one hundred feet (1001 or more from Py other occu ied residence and any open or roofed enclosure in which such animals are kept shall be a distance of fifty feet (50') or more from any occupied residential lot 130 . Th city council may order the owner of any such animals to apply for a conditional use permit if i is deemed to be in the interest of the public health safety, or general welfare. (A mended Ord 8 10-21-1970, 2003 Code) It should also be noted that similar setback requirements exist in the equine ordinance (City Code 5 -111-7) However, this section deals specifically with equines and no other farm animals. Therefore it is appropriate to leave that section as is and make the changes discussed above. 11 Revision #73 City Code 12- 14 -23: Building Height City Code 12 -4 -5 F. Exemptions From Height Limits City Code 12 -3 -4 Minimum District Requirements Background The following items need to be addressed: This section allows all structures to exceed the maximum height allowed by City Code 12 -3 -4 with a conditional use permit under certain circumstances. A line item needs to be added to the proposed uses matrix of City Code 12 -13 to show that principle structures are eligible for a CUP to increase the maximum height The height of accessory structures is regulated by City Code 12 -6. Building height regulations need to be applied to the principle structure. Height regulations are dimensional standards that need to be located in City Code 12 -3 -4 Minimum District Requirements. Exemptions from height limitations are currently provided in 12 -4 -5 F. This section needs to be edited. Staff is also proposing to remove monuments, smokestacks from this list. The section needs to be moved with the section concerning height to City Code 12 -3 -4. Is Proposed Change Staff recommends the following changes: Buildings proposed fliM exeeed the height limits inVesed by pr-evisims of this t Y , r o 2. The height and bulk of the building will not destfe) a seenie or- aeappf3priatevk-w,-%�'� FF 1 ' t+ • F - .7 ..+;ems theim b ' +..; - + t th blie ar r B. in no evepA, as provided in Ns fitle Amended Or-d. 9, 10 -21 1970) o City Code 12 -4 -5 Permitted Encroachments: F. &Eemptiens From Height Limits: 14eigh4 limita-tions hall net apply to bams, silos aPA 01he pri2vate radio breadeasting stations, telev-s-e- antennas, and parapet walls e*tending4tot-ffH*&4han Revision #74 12 -15 -2: Building Permits Background This section is intended to provide for the commercial site plan process but provides very little information and no procedure. A separate section (City Code 3 -3 -5) requires the building permit mentioned in 12 -5 -2 A. A separate section (City Code 9 -1 -313) provides the reference for building permit fees described in 12- 15 -2C. Proposed Change Create a commercial site plan process that reflects the administrative policy that has been in place for years. 12 -15 -2: Commercial Site Plan Review A. Purpose: Commercial Site Plan Review is necessary to protect the public health, safety and general welfare as well as to promote orderly development and prevent adverse impacts on the surrounding community. B. Applicability: All non - residential development proposals shall be required to complete the commercial site plan review process before a building permit can be issued. C. Additional Approval Required: All development proposals that require additional approvals such as a conditional use permit, variance or approval from another agency or organization shall obtain these approvals prior to application for commercial site plan review. F_ 1 LJ to the approved commercial site plan shall follow the procedures described in this section. M. Financial Guarantee: All improvements of the approved commercial site plan should be completed before a certificate of occupancy is issued. If in the determination of the Building Official and Fire Chief a building meets the requirements for occupancy and site improvements are substantially completed a certificate of occupancy may be issued upon receipt of a cash escrow or letter of credit to guarantee all remaining site improvements will be completed. The amount of the cash escrow shall be determined by the Community Development Department. N. Inspection: The site shall be inspected as necessary to verify completion of all work on the approved commercial site plan. No financial guarantee shall be refunded until a site inspection has been completed and the work for which the guarantee was held is completed as approved on the commercial site plan. 0 0 12 -15 -5: REZONING: A. Procedure: The procedure for changing zoning district boundaries (rezoning) shall be as follows: Initiation Of Rezoning: The planning and zoning commission, the city council, af} per-so or a property owner or designee may initiate a rezoning. Persons wishing to initiate a rezoning of property shall fill out a rezoning request form. The rezoning form shall be accompanied by a fee as set forth by ordinance l-a to be used for the costs of processing the application. The rezoning form shall be filed with the community development director. An additional fee as set by council ordinance may be required for each meeting in excess of two (2) which is necessary because of incomplete information or changes in the application. (Amended Ord. 8, 10 -21 -1970; amd. 2003 Code) 40 d. The Planning Commission recommendation shall be presented to the City Council. e. The City Council shall make the final decision on the proposed action. 12- 154-9: APPEAL PROCEDURES:......... 12 -15 -910: APPLICATION FEES:......... 12 -15 -4-911: VIOLATION; PENALTIES:.......... The following excerpts of Code will show where public hearing info is being deleted and replaced with a reference to the new 12-15-8 12 -15 -5: REZONING: A. Procedure: The procedure for changing zoning district boundaries (rezoning) shall be as follows: 1. Initiation Of Rezoning: The planning and zoning commission, the city council, or any person may initiate a rezoning. Persons wishing to initiate a rezoning of property shall fill out a rezoning request form. The rezoning form shall be accompanied by a fee as set forth by ordinance 134 to be used for the costs of processing the application. The rezoning form shall be filed with the community development director. An additional fee as set by council ordinance may be required for each meeting in excess of two (2) which is necessary because of incomplete information or changes in the application. (Amended Ord. 8, 10 -21- 1970; amd. 2003 Code) 2. A Public Hearing shall be held in accordance with section 12 -15 -8. N . -5 3. City Council Action: The city council must take action on the application within sixty (60) days following referral by the planning and zoning commission. The person making the application shall be notified of the action taken. Such action may consist of approval, denial, or referral back to the planning and zoning commission. If the item is referred back to the planning and zoning commission, it must reviewed and returned to the city council within thirty (30) days. 12 -15 -6: CONDITIONAL USES: A. General Provisions: 1. Conditional use permits may be granted or denied in any district by action of the city council. 2. The community development director shall maintain a record of all conditional use permits issued including information on the use, locations, conditions imposed by the city council, time limits, review dates, and such other information as may be appropriate. A copy of the conditional use permit shall also be filed with the building official. (Amended Ord. 8,10-21-1970; amd. 2003 Code) 3. Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit shall require an amended conditional use permit, and all procedures shall apply as if a new permit were being issued. 4. All uses existing at the time of adoption of this title and automatically granted a conditional use permit shall be considered as having a conditional use permit which contains conditions which permits any land use and structures as they existed on said date, and any enlargements, structural alterations, or intensification of use shall require an amended conditional use permit as provided for above. 5. Certain uses, while generally not suitable in a particular zoning district, may, under some circumstances, be suitable. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit, and a periodic review of the pen may be required. The permit shall be granted for that particular use and not for a particular person or firm. The cancellation of a conditional use permit shall be considered administratively equivalent to a rezoning, and the same requirements and procedures shall apply. B. Criteria For Granting Conditional Use Permits: 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. M 5. City Council Action: The city council must take action on the application within sixty (60) days after receiving the report of the planning and zoning commission. If it grants the conditional use permit, the city council may impose conditions (including time limits) it considers necessary to protect the public health, safety and welfare, and such conditions may include a time limit for the use to exist or operate. (Amended Ord. 8, 10 -21 -1970) 6. Amended Application: An amended conditional use permit application shall be administered in a manner similar to that rewired for a new conditional use permit; and the fee shall be as set forth by ordinance 136 Amended conditional use permits shall include reapplications for permits that have been denied, requests for changes in conditions, and as otherwise described in this title. (Amended Ord. 8, 10 -21 -1970; amd. 2003 Code) 7. Reapplication After Denial: No application for a conditional use permit shall be resubmitted for a period of one year from the date of said order of denial. . 8. Hearing May Be Held: When a conditional use permit may be of general interest to the community or to more than the adjoining owners, the planning and zoning commission may hold a public hearing, and the conditional use permit shall be reviewed with notice of said hearing published at least ten (10) days prior to the hearing. D. Time Limit On Implementing Conditional Use: If the city council determines that no significant progress has been made in the first twelve (12) months after the approval of the conditional use permit, the permit will be null and void. (Amended Ord. 8, 10 -21- 1970) 12 -15 -7 VARIANCES Please see the Code Revision titled "12 -15 -7 Public Hearings for Variances" 11- 2 -1 -C: SKETCH PLAN: C. Procedure For Submission And Review: The sketch plan shall be submitted and reviewed in accordance with the following procedures: 1. The subdivider shall submit ten (10) copies of the sketch plan to the community development director for review by the Andover review committee. The ARC shall Revision #77 City Code 12 -15 -6 A. 4. Conditional Use Permit Background Uses in operation prior to code are considered automatically granted a conditional use permit for existing operations. This section repeats the uses section and similar language in the non conforming uses section. Proposed Change Delete this section. 12 -15 -6: CONDITIONAL USES: 0 • T-F1 W-M WA The application shall be referred to the Planning Commission. The Planning Commission shall hold a public hearing per the process outlined in Andover City Code 12 -15 -8. City Council Action: The City Council may grant the variance request if it will be in keeping with the spirit and intent of this title and if it finds that strict enforcement of this title will cause undue hardships because of circumstances unique to the individual property under consideration. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of this title. 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him/her to obtain a variance, shall have the fee refunded if his/her appeal is upheld by the city council. Emergency Variance Requests: The city council may waive planning and zoning commission review and take immediate action on emergency variance requests that affect the immediate health and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health or welfare threat. The city council shall determine if the request warrants immediate review. Time Limit On Implementing Variance: If the city council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 10- 21 -1970) • NEW The application shall be referred to the Planning Commission. The Planning Commission shall hold a public hearing per the process outlined in Andover City Code 12 -15 -8. City Council Action: The City Council may grant the variance request if it will be in keeping with the spirit and intent of this title and if it finds that strict enforcement of this title will cause undue hardships because of circumstances unique to the individual property under consideration. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of this title. 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him/her to obtain a variance, shall have the fee refunded if his/her appeal is upheld by the city council. Emergency Variance Requests: The city council may waive planning and zoning commission review and take immediate action on emergency variance requests that affect the immediate health and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health or welfare threat. The city council shall determine if the request warrants immediate review. Time Limit On Implementing Variance: If the city council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 10- 21 -1970) • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planne19 SUBJECT: Supplemental: Zoning Ordinance Update Work Session Minutes DATE: May 24, 2005 INTRODUCTION The minutes from the various work session meetings are attached. DISCUSSION A number in the left hand column has been added to correspond with the table of proposed changes. The minutes, for the most part, are in sequential order. ACTION REQUESTED Please use the minutes as necessary. Attachments Work Session Minutes V z NO Regular Andover Planning and Zoning Commission Meeting Minutes —January 11, 2005 Page 9 0 WORK SESSION: a. Zoning Ordinance Update i. City Code 6 -4 -4 Snowmobiles and All Terrain Vehicles; Operation on Public Property. 7 Mr. Bednarz stated Commissioner Greenwald requested this item be addressed at another meeting so he could participate. Commissioner Jasper asked if he could make a couple of drafting issue comments. He stated the proposed change states they are taking out the code sections that talks about reference to other designated trails because there are none. In the first paragraph of that, in the permitted areas, it talks about where they are permitted and prohibited in the City. He thought this contradicts the prohibited areas. 6 -4 -a1, prohibited areas, shows this contradiction. Mr. Bednarz stated they would make this clearer. There is a reference to other designated trails but there is another area where they are going to remove a reference to other designated areas. He stated they would look at the wording to make it clear. Commissioner Jasper stated in the prohibited areas, it talks about it being prohibited to is drive on a roadway and then "C" talks about how you can cross a street. He thought those were contradictory and needed to be clarified. Commissioner Jasper stated on 6- 4 -4 -a1, additional limitations, is a drafting error. It states "you cannot drive between 11:00p.m. and 8:OOa.m., except on Saturday and Sunday when it is 1:OOa.m. to 8:OOa.m." If this is read literally, you could be prohibited from 11:00p.m. to midnight on Friday night and then can drive from midnight to 1:OOa.m. on Saturday. Commission Vatne thought they needed to designate the hours per day to be specific. Mr. Bednarz thought they would need the first sentence to designate the days of the week. Commissioner Jasper stated 6- 4 -4 -c4 talks about what you can use to tow on a public street or highway when previously it was prohibited to drive on a public street or highway. Mr. Bednarz stated there are some exemptions in 6 -4 -6 from the previous requirements. Commissioner Vatne asked on 6- 4 -4 -b2, it references in a couple areas, Urban District, he wondered what this meant. Commissioner Kirchoff wondered when you are considered to be under the influence of alcohol. Commissioner Jasper assumed it would be interpreted as affecting your ability to drive and would not be in reference to the level. Mr. Bednarz stated they could reference the State Statute. Regular Andover Planning and Zoning Commission Meeting Minutes —January 11, 2005 Page 11 Commissioner Jasper asked if a plat included lots and parcels of land. Mr. Bednarz stated a platted lot is different than an unplatted or meets and bounds lot. Commissioner Jasper thought the Code section 12 -11 -6a should read "A non - platted lot or parcel of land has to meet 1, 2 and 3." Section 12 -11 -6b should read "A plat does not have to and the section shall not apply." Mr. Bednarz thought this would make it clear, in part A "an un- platted lot" and then the rest of the statement and under B, at the end of the first sentence "shall not apply." And delete the last sentence. Commissioner Jasper stated anything after October 1971 would have to meet the regular requirements. Mr. Bednarz stated this was 1970 for un- platted lots. Commissioner Jasper stated on the last page, Section C, now Section B, Access Drive, what are the minimum standards of the City because he did not find any minimum standards for a drive. Mr. Bednarz stated they do have a definition for an access drive. He stated what they are trying to do with Section B is they are trying to get an emergency vehicle into these properties. Commissioner Jasper stated they should cross reference to where the minimum standards are and if there are minimum standards for access drives, should they necessarily only apply to those over three hundred feet or should they apply to all access drives. Mr. Bednarz stated they have driveway requirements elsewhere. Commissioner Jasper stated in the next paragraph, it references "the Adopted Major Thoroughfare Plan", he did not think they referred to this anymore. Mr. Bednarz concurred and stated it should be called the "Transportation Plan". OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Chairperson Daninger thanked staff on the Planning Commission report they received. Commissioner Kirchoff concurred. ADJOURNMENT. Motion by Casey, seconded by Kirchoff, to adjourn the meeting at 8:55 p.m. Motion carried on a 6 ayes, 0 nays, 0 present, 1 absent (Greenwald) vote. Respectfully Submitted, 0 Sue Osbeck, Recording Secretary Regular Andover Planning and Zoning Commission Meeting Minutes — January 25, 2005 Page 6 • new description. Mr. Cross stated local and arterial collector streets do show up in the transportation plan and this was to reflect that hierarchy of streets and their proposed capacity and how that relates to the neighborhood business districts. Commissioner Vatne stated he likes to see things in tables and he recommended having staff possibly summarize the changes in a table format. The Commission discussed how staff could summarize the changes. Commissioner Holthus asked if there was a glossary of meanings in the Code book. Mr. Cross stated each area has a section with definitions in it. ii. City Code 12 -4 -5 Permitted Encroachments Mr. Vrchota stated this chapter contains a great deal of information, much of which is confusing or belongs elsewhere in the code. There is also information located in another section of the code that belongs in this chapter. The proposed changes include the chapter will be renamed "Encroachments ". Sections A, B, and C will remain with some clarifications. Section D is a definition and will be moved to 12 -2 -2: "Definitions ". Section E addresses lot coverage and will be moved to 12 -4 -3: "Lot Provisions ". Section F deals with exemptions from height restrictions and will be moved to 12- 14 -23: `Building Height ". Finally, section 12 -4 -11: "Quasi- Public Structures" logically belongs in this chapter and will be moved to become the new 12-4 - 5-D. Commissioner Jasper asked why side yards were deleted from B. Mr. Bednarz stated side yards that would contain an outdoor picnic shelter or living room are accessory structures and they have their own side yard setback whether it is adjacent to an interior property line or adjacent to a street. There are a number of variables that are covered in the setbacks for detached accessory buildings. The only application of this falls back to the rear yard when it is not along the street. If they left side yards in there, it would actually conflict with other sections of the code for detached buildings. He stated decks also have their own setback in the code. s Regular Andover Planning and Zoning Commission Meeting Minutes —January 25, 2005 Page 8 • iv. City Code 6 -4 -4 Snowmobiles and All Terrain Vehicles; Operation on Public Property Mr. Bednarz stated the substance of the snowmobile /all- terrain vehicle standards does not need to be changed, but the language (1-0 proposed and structure make the regulations difficult to understand. The proposed change is to restructure this section with appropriate headings and position requirements accordingly. Remove reference to designated trails other than Round Lake and Crooked Lake because there are none. Code sections from Title 6 Chapter 4 not included in the staff report are not proposed to be changed at all. Commissioner Jasper stated in 6- 4 -4 -A -1 the wording is still wrong and he suggested staff revisit this and try to reword it such as Sunday through Thursday cannot drive before 8:00 a.m. or after 11:00 p.m. and Friday and Saturday cannot drive between 1:00 a.m. and 8:00 a.m. OTHER BUSINESS. 46 Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz mentioned that the Community Development Department has completed interviews for an Associate Planner Position and pending City Council decision, Mr. Vrchota will be hired for that position. Commissioner Vatne stated several months ago there was some concern expressed about the development next to the new Fire Station regarding clear cutting trees and he wondered if staff had gone out and looked into that yet. Mr. Cross stated they did and with the approved version of the plat the activities were totally in compliance with the latest approved plan. He stated they did also meet with the neighbor who took issue with it and explained that it was in compliance. ADJOURNMENT. Motion by Vatne, seconded by Casey, to adjourn the meeting at 8:15 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. 7 Regular Andover Planning and Zoning Commission Meeting Minutes — January 8, 2005 Page 13 ii. City Code 12 -7 -2 Fences and Walls Mr. Vrchota stated this section deals with fences and walls. The existing code is general, contains very few enforceable standards, and is vague and open to interpretation. The proposed change will be the entire chapter will be re- written. Specific, enforceable construction and maintenance standards will be included, and the language will be clarified, making the chapter easier to read, understand, and enforce. Commissioner Holthus asked if garden fence would be allowed in someone's backyard. Mr. Bednarz stated the wire fences are used for gardens and this would need to be noted as such in the code. Chairperson Daninger stated he would like to see wire fences allowed in rural areas but not in urban areas. Commissioner Jasper stated if there is a reasonable use of the fence, they should allow it. He did not think they should address this particular kind of fence. He thought the wording should be left at materials "generally accepted in the fencing industry ". Commissioner Jasper stated in 12- 4-7 -a, delete the words "or similar material" because it does not serve the purpose at all. Chairperson Daninger asked if enforcement was addressed in 12- 7 -4 -b. What happens if a fence is leaning. Mr. Vrchota stated this would be handled as a normal zoning code violation. Chairperson Daninger stated in 12- 7 -3 -b, fence height of six feet, front yard. How do they interpret this in the front yard. Mr. Vrchota stated if needs to be an ornamental fence and there is a specific definition of an ornamental fence within the zoning code. iii. City Code 12 -8 -7 Bulk Liquid Storage I g , 41 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. E Of Regular Andover Planning and Zoning Commission Meeting Minutes —January 8, 2005 Page 15 Motion by Kirchoff, seconded by Casey, to adjourn the meeting at 9:19 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Greenwald, Vatne) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. • • W Regular Andover Planning and Zoning Commission Meeting Minutes — March 8, 2005 Page 10 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. Commissioner Holthus indicated she received a letter from Mr. Herman Mollincamp regarding Kodiak Homes. She wondered if any one contacted him regarding this. Mr. Bednarz stated they received the letter today and they will be in contact with the individual. Regular Andover Planning and Zoning Commission Meeting Minutes —April I Z 2005 Page 9 • Mr. Bednarz stated regarding definitions, they would need some examples and he did not think deer was that. A deer was not a domestic animal because it is not commonly kept as a pet. He stated they do want to make some progress and there may be some items with the definitions that they can tune up. Commissioner Jasper respectfully disagreed because he believed deer could be considered a farm animal, they are non - domestic animals and they could be recreational animals. He stated there are other animals that fall into each of the categories such as a pig. He stated this was a concern. Commissioner Jasper stated the ordinance permits different types of animals in different zoning districts and prohibits some in some zoning districts. Commissioner Greenwald asked what the solution would be. Commissioner Jasper stated they needed to rework their definitions to try to determine what they were trying to accomplish. He stated they either need to do the table approach or use the definitions that are either inclusive or exclusive. Chairperson Daninger stated the list would always be changing because there are always different animals that become pets. • The consensus of the Commission was to bring this item back with a little more focus on the definitions and farm animals specifically. / iii. 12 -14 Performance Standards 'S7 12 -14 -3 Exterior Storage Mr. Cross summarized the proposed changes. Commissioner Jasper did not know if he found an operable and licensed vehicle in a backyard more offensive than an old boat or trailer in the back yard. He didn't agree with the distinction between those. Commissioner Greenwald disagreed and said he had a snowmobile trailer and used it. A car he would have parked in the back probably would not be used. Commissioner Greenwald did not know if he liked this because if you have a yard that is large enough, he did not see anything wrong with parking a vehicle in the back. Commissioner Jasper did not think it made sense to separate vehicles from trailers. He thought they should limit this to two of anything that is operable and licensed. • The Commission discussed what was allowed to be parked in a yard or driveway. 150 Regular Andover Planning and Zoning Commission Meeting Minutes —April 26, 2005 Page 8 WORK SESSION. ZONING ORDINANCE UPDATE i. 12 -14 -5 Screening Mr. Bednarz indicated the City already had two sections on screening and they would like to pull this together under one section. Commissioner Kirchoff asked if there will be cross referencing in the Code where needed. Mr. Bednarz stated there will be a number of areas in the code which will send the person to this section. Commissioner V atne stated there was a couple of references to landscape screening of a minimum height of six feet at plant maturity, does this mean they will need to wait for the plants to grow to the minimum height. Mr. Bednarz stated this was correct. Chairperson Daninger stated when they screen using a certain material, what happens when that material deteriorates. Mr. Bednarz stated they have addressed this in the section regarding fences but in regards to shrubs and trees, if it does not already state it in the code, they should probably say that plant material to satisfy screening requirements must be kept in is good condition and replaced if needed. Commissioner Jasper stated if a shrub dies, it no longer is screening so it would be in violation of the code and would need to be replaced. He wondered if a ticket would be issued from the City Inspector. Mr. Cross stated they would receive a notice that they are in violation of the code and the City would proceed to work with them on correcting the problem. ii. 12 -14 -6 Landscaping in All Districts J &Q Mr. Bednarz stated right now they do not have any specific requirements; they have one paragraph in the code stating there needed to be areas landscaped. He stated they have evaluated other cities requirements and came up with a number of different approaches on what type of landscaping needed to be done. Mr. Bednarz stated what they selected is the number dealing with parameter; ratio to the parameter of the site because they are required to have landscaping done in the parameter on the site and this gives them a • number that is coordinated with that. 1-7 Regular Andover Planning and Zoning Commission Meeting Minutes —April 26, 2005 Page 10 edges and he did not know if it should be limited to just along the parameter of the building. Commissioner Holthus thought this was too controlling and a waste of water. She stated this is contradictory too with the water restrictions put in place. Commissioner Greenwald indicated this would be for churches also. Commissioner Kirchoff asked if under Section I, where it says "Native plant communities may be reestablished in appropriate portions of the site ", would those areas need to be irrigated, was that the intent. Mr. Bednarz stated this was not the intent although they may need to add words to clarify that. Commissioner Kirchoff agreed with Commissioner Holthus that this would need to be lightened up. Commissioner Greenwald asked if they required irrigation now on commercial property. Mr. Bednarz stated they do. Mr. Bednarz stated maybe they should have an irrigation put together as suggested and it is flexible in terms of what is irrigated and what is not depending on the need. Commissioner Jasper thought a rule should be established and the rule should be lighter than that which is in there. If there is some reason where someone would want to deviate from that, they could come in for the opportunity to deviate from that. To make it something that is completely ambiguous, makes it something that is not enforceable and becomes way to haphazard. Lightening it up makes sense but they also need to have some standards in the code as opposed to having something very ambiguous makes more sense. iii. 12 -14 -16 Guesthouses Mr. Cross explained this revision corrects a vestige in the code that needed V v to be addressed. He stated at one time this might have addressed a need V but as times have changed, this provision opens up the City to a difficult situation down the line when one property owner decides to build a guest house, which is defined as a structure that provides shelter, but cannot be lived in full time. What the City has found is that as the property changes hands, this guest house becomes a viable opportunity for a rental and the person for whom it was intended has long since left. He stated they would • like to strike out the provision for guesthouses. ! `I Regular Andover Planning and Zoning Commission Meeting Minutes —April 26, 2005 Page 12 • Commissioner Jasper stated it seemed to him there should be a reason for a particular distance from a particular monument and he did not see what the rationale was for picking these distances. Commissioner Jasper thought this needed to be clarified. V. 12 -8 -713.3 Bulk Fuel (continued) q " t Mr. Bednarz stated there is no clear concise definition of what constitutes q2 bulk liquid storage as regulated by City Code. The Fire Department C O 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. In discussing the issue of why the 1000 gallon cut off, they indicated the 1000 gallons is used because most household heating tanks are 1000 gallons or less. Also, the Minnesota State Fire Code Chapter 34 talks about the tanks above and below ground and they use the 1000 gallon as the cut off for exemptions. • The proposed change is a new definition is needed, 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 were 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. Lastly, 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). • 21 Regular Andover Planning and Zoning Commission Meeting Minutes —April 26, 2005 Page 14 0 Commissioner Jasper asked if this just applied to commercial buildings. Mr. Bednarz stated this does not apply itself to any subsets, it only says "prohibited exteriors ". Commissioner Jasper asked if someone would use any type of concrete block, is it supposed to be approved by the Andover Review Committee. Mr. Bednarz stated through the building permit process the building is approved. Commissioner Vatne stated the way he read this; a pole barn cannot be constructed. Mr. Bednarz stated there is a section under accessory structure requirements that allows a person to do that if they have more than three acres. This would indicate a pole barn could not be constructed to operate a business out of. Mr. Bednarz thought it would make sense to adjust the language under B and apply it more specifically of how it is most commonly used, which is non - residential buildings. i Chairperson Daninger stated how he saw this, they were trying to make this more user friendly. Commissioner Vatne asked what was meant by accent material. Mr. Bednarz stated it was any material used on the building not including the structural material used to build and support the building. Mr. Bednarz stated they could clarify what the materials would be. vii. 12 -14 -23 Building Height Mr. Bednarz noted this section allows all structures to exceed the maximum height allowed by City Code 12 -3 -4 with a conditional use permit under certain circumstances. A line item needs to be added to the proposed uses matrix of City Code 12 -13 to show that principle structures are eligible fora CUP to increase the maximum height. The height of accessory structures is regulated by City Code 12 -6. Building height regulations need to be applied to the principle structure. Height regulations are dimensional standards that need to be located in City Code 12 -3 -4 Minimum District Requirements. 0 Exemptions from height limitations are currently provided in 12 -4 -5 F. This section needs to be edited. Staff is also proposing to remove 23 Regular Andover Planning and Zoning Commission Meeting Minutes —April 26, 2005 Page 16 (and ultimately zoning) is for a given property in Andover. Currently there is no reference to it at all. The proposed change is to change the wording. Commissioner Greenwald thought this made sense. The Commission liked this. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Chairperson Daninger thought everyone has done a great job on the work session. Commissioner Vatne stated the City Council had requested to have a summary of the findings and or results of the Planning Commission available at the time they are going through the agenda. He wondered if this was something that has been added. He stated it came down to the timing and when the minutes are published. Mr. Bednarz stated right now they have all of the proposed changes up on the website and they are working on an Is updated table that would be easy for people to reference. Commissioner Vatne stated he thought the City Council meant they were not receiving the information and decisions from the Planning Commission. Mr. Bednarz stated they update the staff report and put the Planning Commission recommendation right in it and however detailed it needs to be to reflect that and then in the report, they attach the minutes from the minutes. Commissioner Vatne asked if that information was just recently compiled and provided because in reading the minutes, it clearly said they were not getting the feedback in some cases from the Planning Commission. Mr. Bednarz stated the staff report gets updated -on each item on each staff report. Commissioner Jasper stated it was in the City minutes that a couple of the Councilmen were commenting that they were dealing with things that had been through the Planning Commission without having the Planning Commission minutes so they did not know what their discussion and debate and public input was. The concern is if they are going through all this work, they want to make sure the Council has that input before they make their decision. Mr. Bednarz stated there may be a specific circumstance they are referring to but the secretary works very hard for them to get those minutes for the expedited items and they do update the staff reports. 0 Mr. Cross stated regarding the zoning revision project on the website, the content on the website is only the hard projects and not the smaller, more minor code changes. Z+f C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MWUS TO: Planning and Zoning Commissioners CC: Courtney Bednarz, City Planner FROM: Chris Vrchota, Associate Planner' SUBJECT: PUBLIC HEARING: Rezoning (05 -06) to change the zoning from Single Family Rural Residential (R -1) to Single Family Urban Residential (R -4) for property located at the southwest corner of Crosstown Boulevard and the Burlington Northern Railroad. DATE: May 24, 2005 INTRODUCTION The Planning Commission is asked to review the proposed rezoning of the property for the proposed "Sophie's South" plat. 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) and also within the current phase of sewer expansion (2000 -2005) in the City's Comprehensive Plan. City sewer and water are available at the west end of the property, and will be carried through area to eventually serve the properties on the east side of the Burlington Northern railroad line. Times and conditions have changed with the availability of utilities and it is appropriate to rezone the property at this time to allow an urban residential development. Attachments Ordinance Amendment Location Map ACTION REQUESTED The Planning Commission is asked to recommend approval of the rezoning request based on the fact that times and conditions have changed. Respectfully�ed, tt Chns 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 i r J C A I 'T'Y OF ND OVE • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW. CLAN DOVER. MN. US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner* SUBJECT: PUBLIC HEARING: City Code Amendment to add crematorium to the definition of mortuary and funeral homes. DATE: May 24, 2005 • INTRODUCTION The applicant is interested in constructing a funeral home with a crematorium on property located at the southwest corner of Bunker Lake Boulevard and Crooked Lake Drive. The next item on the agenda discusses rezoning the property from residential to a commercial zoning district. Mortuaries and funeral homes are permitted uses in all commercial districts. Crematoriums are not mentioned in the City Code. No definition exists in the City Code for any of these items. Staff's interpretation is that crematoriums are not allowed by the current City Code. An amendment to the City Code is necessary to allow crematoriums in Andover. The applicant has proposed that the code be amended to include crematoriums in a definition of mortuary and funeral home. DISCUSSION Staff has explored how crematoriums are regulated in other cities. The attached table summarizes the findings. Many cities do not define or list mortuary, funeral home or crematorium in the uses section of their code. Where found in other codes, crematoriums were an accessory use to either a funeral home or cemetery. Please find attached information describing the type of facility and equipment that would be used. The applicant also provided an air quality study conducted at a crematorium in Florida, a copy of a permit issued by the Illinois Environmental Protection Agency and a news article. These last three items are attached to a supplemental item as additional information. Information Provided by Applicant State Regulations The State provides regulations for crematoriums. The attached copies of Minnesota Rule 7011.1215 and Minnesota Statute 149A.95 provide regulations for operating the facility. The attached summary page and State Statute 149A.52 provide licensing requirements. • • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 12 -2 -2 DEFITINITONS TO ADD CREMATORIUM TO A DEFINITION OF MORTUARY AND FUNERAL HOME MORTUARY AND FUNERAL HOME: an establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body, and for funerals, including crematoriums. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: Adopted by the City Council of the City of Andover this _ day of , 2005. CITY OF ANDOVER • Attest: Michael R. Gamache — Mayor Victoria Volk — City Clerk �J The Most Tile Cost-Efficient p 11 Cremator On The Cretmifion Market S With more than thirty years of research backing its success, the Power -Pak 11's technologically advanced features are years ahead in meeting cremation industry standards. Offering fully automatic operation, superior fuel efficiency, innovative operator protection and unsurpassed production speed in its size class, the Underwriters Laboratories (UL) listed Power -Pak ,11 is the most advanced cremator on the market. Hydraulic Loading Table The hydraulic loading table included with the Power -Pak it convenient- ly allows one person to fely and easily load the case into the chamber. It is also helpful in loading and unloading coolers, coaches and vans. Hot Hearth floor The hot hearth design of the Power -Pak 11 ensures fluid control, and recircu- lates waste heat from the afterchamber located below the cremation chamber floor for greater fuel savings, quicker cremation time and extended floor life. Longest Refractory Life Approximately 2,000 cremations may be per- formed prior to floor replacement and 4,000 cremations prior to relining. Only the highest -grade flrst- quality refractory is used in the Power -Pak If's construction. Industrial-Grade Burners The Power -Pak 11's burners contain no moving parts to repair or wear out, so mainte- nance is minimal. In an overhead position, the cremation burner and afterburner are protected from debris. System is easily calibrated by the operator. Stainless Steel Stack and Exhaust Cooling system An exclusive design feature of the Power -Pak If is its 12 -gauge heavy - wall stainless steel stack and exhaust cooling sys- tem. This system cools gases from 1,800 °f to approximately 800V prior to discharge into the atmosphere. Lower exhaust temperatures reduce thermal pollution and odors. The stack will not rust, requires no painting, and contains no refractory lining to replace. Pollution Monitoring System The Power -Pak It is famished with a pollution monitoring and control system that constantly checks and regulates stack emissions. Possible pollution conditions are anticipated by the system and auto- matically corrected. Ease of Installation Pre - wired, pre - piped, and pre - tested before shipment, the Power -Pak It requires only off- loading upon arrival, one connection each for gas and electricity, and place- ment of the stack we provide. Continuous Customer Service IEE's commitment begins prior to the sale: We'll provide you with as much information as you need to make an informed decision. Our commitment continues with a quality product and a promise to treat you as a valued customer. Our customer -first policy ensures your satisfaction of ownership. After your purchase, we'll complete the technical environ- mental submittals for you. We'll give you a complete owner's manual, engineering calculations, The Power -Pak 11 Offers A Cremation Time of Two Hours or Less, Including Pre -heat and blueprints. in the continental United States and Canada, we include start-up service and on -site training for your personnel under actual operating conditions. IEE has the most comprehen- sive service program available, including a toll -free hotline, service database. operator training seminars, and an industry newsletter. Power -Pak 11 Specifications Height: 8'4" Width: 5'4" Length: 12'6" Weight: 24,000 lbs. Fuel: Natural or L.P. Gas (Oil available) Electrical: 220 volts, i- phase /3 -phase Control panel may be locat- ed right, left or remote. Cremation Rate: 2 hours or less (May operate 24 hours a day) Exhaust Cooler Showing Pollution Monitoring System O Matthews C R E t n f I O N Cremator Design, Manufacturing, Service & Supplies GROUP POWER -PAK II ULTRA FEATURES & BENEFITS We would like to present you with information to use in your evaluation of our cremation equipment. We welcome the opportunity to answer any questions you may have regarding the following information. Please feel free to call us. Our toll -free number is 1 -1300- 327 -2831; our local number is 407 - 886 -5533; our fax number is 407 - 886 -5990. UL Listed. Our cremation equipment has been thoroughly tested by Underwriters Laboratories (UL) and has proven to meet and exceed their requirements for safety. This mark of safety gives your employees and property added security. Unique Multi- Chamber Design. This unit is designed and constructed with several chambers to ensure thermal efficiency and maximize control over pollution by reburning the smoke and odors created during cremation. The large afterburner design ensures that no burning takes place within the stack. Hot Hearth Design. This unit's pre -cast refractory tile floor is constructed with a recess for fluid control, and allows the recirculated heat of the afterchamber to be used in heating the cremation chamber floor, for greater fuel savings and the longest floor life. Draft and Regulation System. An automatic draft control and regulation system provides consistent negative pressure on the cremation chamber throughout its operation in varying cycle conditions. Automatic Control System. This unit is fully automatic: load it, set the controls, and it completes its cycle automatically, shutting itself off upon completion. A lighted control panel provides easy verification of every step in the cycle. Operating Control Panel. The conveniently located annunciator panel allows the operator to monitor the cremation process from beginning to end. Color -coded lights indicate the status of safety interlocks and burners, burner service, and cycle times. Pushbutton Door. This unit has an electric- hydraulic front charging door that raises to open. Ibis design protects the operator from residual heat when removing cremated remains. Brushing out the chamber can be accomplished by opening the door as little as 6 ", minimizing heat loss and maximizing operator safety. Charging Door Safety Latches. The safety latches provide additional security when the door is in a fully open position. Door Safety Switch. The safety switch on the charging door automatically shuts off the cremation bumer upon movement of the door, maximizing operator safety. E <X> P.O. Box 547796 - Orlando, Florida 32854 -7796 • 800- 327 -2831 • Fax: 407- 886 -5990 • 407 - 886 -5533 (n) www.matthewscremationgroup.com www.ieeco.com • www.alicrem.com • Combustion Control. The primary and secondary combustion control systems utilize program controllers for prepurge and automatic burner ignition with continuous ultraviolet flame supervision. Modulation of burner fuel and oxygen is controlled to both primary and secondary burners by signals from the temperature control system, resulting in lower fuel costs. Ultraviolet Flame Detection. The combustion control system is equipped with ultraviolet flame detection, which has been proven the safest and most reliable means of flame supervision. The system is completely seated in a quartz capsule, eliminating adverse effects from the moisture and dust created in the cremation process (a problem common with flame rod detectors). Lower Fuel Costs. Our highly efficient designs have the lowest fuel consumption per cremation in the industry. This unit is equipped with temperature control and modulation of both the afterburner and cremation burner. Burner temperature control maximizes thermal efficiency and safety, and reduces fuel consumption. Casing Temperature Control System. This unit is air - cooled, thus ensuring maximum thermal efficiency of the equipment and reduced heat radiation into the surrounding areas. Afterchamber Access Panels. Removable afterchamber access panels allow inspection and repair of the afterchamber without the unnecessary removal of good refractories. These panels not only save • time, but considerable expense in maintaining and repairing the cremation equipment. Hydraulic Loading Table. The convenient hydraulic table lets one person easily load and consistently place the casket within the chamber, while providing operator safety. It is also helpful in loading and unloading coolers, coaches and vans. Fixed Loading Roller. The fixed loading roller mounted on the front of the cremation equipment assists the operator in rolling the case into the cremation chamber and helps to ensure proper placement. Ease of Installation. Our cremation equipment is pre -wired for electricity, pre piped for gas and pre- tested for operation. After the unit is off - loaded from the truck and placed in the building, it requires only proper setting on the existing slab, connection of the utilities, and placement of the stainless steel vent. This simple procedure is outlined in the installation booklet we provide all our customers. Tools, Ashpans and Magnets. With every cremation unit we provide three cleanout tools, one ashpan, and a hand magnet for removing metallic particles. Our ashpans are not used to burn off or vaporize fluids, so one pan usually lasts a minimum of 10 years. Diamond Plate Finish. The front of this unit is encased in attractive aluminum diamond plate panels. These panels (secured with stainless steel bolts) present a pleasant and professional appearance, are easy to clean, and never require painting. • Minnesota Rule 7011.1215 x„ ! Page 1 of 4 Legislature Home I Links to the World I Help I Ac House I Senate I Joint Departments and Commissions ( Bill Search and Status I Statutes, Laws, and Rules Minnesota Rule 7011.1215 Copyright by the Office of Revisor of Statutes, State of Minnesota. Minnesota Rules, Table of Chapters Table of contents for Chapter 7011 7011.1215 APPLICABILITY OF STANDARDS OF PERFORMANCE FOR WASTE COMBUSTORS. Subpart 1. Waste combustors. A person who constructs, modifies, reconstructs, or operates a waste combustor shall comply with parts 7011.1201 to 7011.1290 except as provided in subparts 2, 2a, and 3. Subp. 2. Co£ired facilities. A person who constructs, modifies, reconstructs, or operates a cofired unit is not a waste combustor, and shall comply with the applicable requirements of parts 7011.0500 to 7011. 0551 or 7011.0600 to 7011.0625 Subp. 2a. Units combusting tires or fuel derived from tires. A waste combustor burning a single -item waste stream of tires or fuel derived from tires is not :subject to parts 7011.1201 to 7011.1290 if the owner or operator notifies the commissioner in writing of its intent to combust only tires, and provides data documenting that the unit qualifies 'for this exemption. Subp. 2b. Units combusting waste contaminated with used oil. An owner of a solid - fuel -fired indirect or direct heating source burning fossil fuel with only wastes contaminated with used oil generated by the owner is not subject to parts 7011.1201 to 7011.1290 Subp. 3. Exemptions from standards of performance. Crematoria, pathological waste combustors, and waste combustors used solely for the disposal of animal ecLrcasses are exempt from the requirements of parts 7011.1210 to 7011.1290 and shall meet the conditions of this subpart. A. No owner or operator of a crematorium, pathological waste combustor unit, or waste combustor unit used solely for the disposal of animal carcase;es shall cause to be emitted into the atmosphere gases which are greater than 20 percent opacity. B. Waste combustor owners and opereLtors shall install • and operate an afterburner which maintains flue gases at 1,200 degrees Fahrenheit for at least 0.3 seconds. C. Ash shall be stored and transported in such a http: / /www.revisor.leg. state. mn. us /binlgetpub. php ?pubtype= RULE_CHAP_SEC &year =cu... 5/18/2005 Minnesota Rule 7011.1215 (c) the date that the owner or operator will • initiate on -site construction or installation of emissions control or process changes; (d) the date that the owner or operator will complete on -site construction or installation of emissions control or process changes; and (e) the date that the owner or operator will demonstrate compliance with the emissions limitations and monitoring requirements of parts 7011.12 to 7011.1290 This date shall not be any later than December 19, 2000; and (2) for each waste combustor whose compliance schedule shows that the unit will not achieve the emission limits of part 7011.1225 by July 17, 1998, the results of a performance test for PCDD /PCDF emissions from each waste combustor unit. If a facility contains .identical waste combustor units, only one of the identical units needs to be tested. The owner or operator shall provide an explanation with the submittal of why the units can be assumed to be identical. The performance test shall have been conducted during or after the year 1990. The performance test shall be conducted according to the procedures of part 7011.1265 C. Physical or operational changes made to a Class A waste combustor unit primarily for the purpose of complying with the emission limits in parts 7011.1201 to 7011.1290 prior to December 19, 2000, are not considered in determining whether the unit is a modified or reconstructed waste combustor subject to the requirements of Code of Federal Regulations, title 40, part 60, subpart Ea or Eb. Subp. 5a. Transition for Class C waste combustors. A Class C waste combustor shall demonstrate=_ compliance with parts 7011.1201 to 7011.1290 by July 17, 1998. Subp. 6. Transition for Class D, III, or IV waste combustors. Notwithstanding subpart 1, Class D, III, or IV waste combustors installed and operable on June 20, 1994, shall comply with parts 7011.1201 to 7011.1285 by January 30, 1996. Notwithstanding subpart 1, Class IV waste combustors operating under an air emissions permit issued between December 1, 1992, and June 20, 1994, shall comply with par' =s 7011.1201 to 7011.1285 upon expiration of that permit. STAT AUTH: MS s 116.07 HIST: 18 SR 2584; 22 SR 1975 Current as of 12109104 Please direct all comments concerning issues or legislation • to your House Member or State Senator For Legislative Staff or for directions to the Capitol, visit the Contact Us page. Page 3 of 4 http: / /www. revisor. leg.state.mn.us / bin / getpub.php ?pubtype= RULE_CHAP_SEC &year =cu... 5/18/2005 Minnesota Statutes 2004, 149A.95 (6) authorization to open the cremation chamber and reposition the body to facilitate a thorough cremation and to remove from the cremation chamber and separate from the cremated remains, any noncombustible materials or items; (7) directions for the disposition of any noncombustible materials or items recovered from the cremation chamber; (8) acknowledgment that the cremated remains will be mechanically reduced to a granulated appearance and placed in an appropriate container and authorization to place any cremated remains that a selected urn or container will not accommodate into a temporary container; (9) acknowledgment that, even with the exercise of reasonable care, it is not possible to recover all particles of the cremated remains and that some particles may inadvertently become commingled with disintegrated chamber material and particles of other cremated remains that remain in the cremation chamber or other mechanical devices used to process the cremated remains; and (10) directions for the ultimate disposition of the cremated remains. Subd. 5. Limitation of liability. A licensed crematory acting in good faith, with reasonable reliance upon an authorization to cremate, pursuant to an authorization to cremate, and in an otherwise lawful manner shall be held harmless from civil liability and criminal prosecution for any actions taken by the crematory. Subd. 6. Acceptance of delivery of body. No dead human body shall be accepted for disposition by cremation unless encased in an appropriate cremation container or casket, accompanied by a disposition permit issued pursuant to section 149A.93 subdivision 3, including a photocopy of the completed death record or a signed release authorizing cremation of the body received from the coroner or medical examiner, and accompanied by a cremation authorization that complies with subdivision 4. A crematory may refuse to accept delivery of a cremation container where there is: (1) evidence of leakage of fluids from the body; (2) a known dispute concerning cremation of the body delivered; (3) a reasonable basis for questioning any of the representations made on the written authorization to cremate; or (4) any other lawful reason. Subd. 7. Handling of dead human bodies. All crematory employees handling dead human bodies shall use • universal precautions and otherwise exercise all reasonable precautions to minimize the risk of transmitting any communicable disease from the body. No dead human body shall be removed from the container in which it is delivered to the Page 2 of 6 http: / /www. revisor. leg .state.mn.us /stats /149A/95.html 5/18/2005 Minnesota Statutes 2004, 149A.95 Subd. 13. Cremation procedures; commingling of cremated • remains prohibited. Except with the express written permission of the person with legal right to control the disposition or otherwise provided by law, no crematory shall mechanically process the cremated human remains of more than one body at a time in the same mechanical processor, or introduce the cremated human remains of a second body into a mechanical processor until processing of any preceding cremated human remains has been terminated and reasonable efforts have been employed to remove all fragments of the preceding cremated remains. The fact that there is incidental and unavoidable residue in the mechanical processor or any container used in a prior cremation is not a violation of this provision. Subd. 14. Cremation procedures; processing cremated remains. The cremated human remains shall be reduced by a motorized mechanical device to a granulated appearance appropriate for final disposition and placed in a cremated remains container along with the appropriate identifying disk, tab, or label. Subd. 15. Cremation procedures; container of insufficient capacity. If a cremated remains container is of insufficient capacity to accommodate all cremated remains of a given dead human body, subject to directives provided in the written authorization to cremate, the crematory shall place the excess cremated remains in a secondary cremated remains container and attach the second container, in a manner so as not to be easily detached through incidental contact, to the primary cremated remains container. The secondary container shall contain a duplicate of the identification disk, tab, or label that was placed in the primary container and all paperwork regarding the given body shall include a notation that the cremated remains were placed in two containers. Subd. 16. Disposition procedures; commingling of cremated remains prohibited. No cremated remains shall be disposed of or scattered in a manner or in a location where the cremated remains are commingled with those of another person without the express written permission of the person with the legal right to control disposition or as otherwise provided by law. This subdivision does not apply to the burial of cremated remains at sea from individual containers, to the scattering or burial of cremated remains in a dedicated cemetery, to the disposal in a dedicated cemetery of accumulated residue removed from a cremation chamber or other cremation equipment, to the inurnment of members of the same family in a common container designed for the cremated remains of more than one body, or to the inurnment in a container or interment in a space that has been previously designated, at the time of sale or purchase, as being intended for the inurnment or interment of the cremated remains of more than one person. Subd. 17. Cremation procedures; disposition of accumulated residue. Every crematory shall provide for the removal and disposition in a dedicated cemetery of any accumulated residue from any cremation chamber, mechanical processor, container, or other equipment used in cremation. Disposition of accumulated residue shall be in accord with the Page 4 of 6 http: / /www. revisor. leg .state.mn.us /stats /149A/95.html 5/18/2005 Minnesota Statutes 2004, 149A.95 authorization to cremate. Subd. 21. Retention of records. Records required under subdivision 20 shall be maintained for a period of three calendar years after the release of the cremated remains. Following this period and subject to any other laws requiring retention of records, the crematory may then place the records in storage or reduce them to microfilm, microfiche, laser disc, or any other method that can produce an accurate reproduction of the original record, for retention for a period of ten calendar years from the date of release of the cremated remains. At the end of this period and subject to any other laws requiring retention of records, the crematory may destroy the records by shredding, incineration, or any other manner that protects the privacy of the individuals identified. HIST: 1997 c 215 s 41; 1Sp2001 c 9 art 15 s 32 Copyright 2004 by the Office of Revisor of Statutes, State of Minnesota. 0 Page 6 of 6 http: / /www. revisor. leg.state.nm.us /stats /149A/95.htmi 5/18/2005 Minnesota Statutes 2004, 149A.52 Minnesota Statutes 2004, Table of Chapters . Table of contents for Chapter 149A 149A.52 License to operate a crematory. Subdivision 1. License requirement. Except as provided in section 149A.01 subdivision 3, no person shall maintain, manage, or operate a place or premises devoted to or used in the holding and cremation of a dead human body without possessing a valid license to operate a crematory issued by the commissioner of health. Subd. 2. Requirements for crematory. (a) A crematory licensed under this section must consist of: (1) a building or structure that complies with applicable local and state building codes, zoning laws and ordinances, and environmental standards, containing one or more cremation chambers or retorts for the cremation of dead human bodies; (2) a motorized mechanical device for grinding, crushing, or pulverizing the cremated remains to a granulated appearance appropriate for final disposition; and (3) an appropriate holding facility for dead human bodies awaiting cremation. • (b) A crematory licensed under this section may also contain a display room for funeral goods. Subd. 3. Application procedure; documentation; initial inspection. An applicant for a license to operate a crematory shall submit to the commissioner a completed application. A completed application includes: (1) a completed application form, as provided by the commissioner; (2) proof of business form and ownership; and (3) proof of liability insurance coverage or other financial documentation, as determined by the commissioner, that demonstrates the applicant's ability to respond in damages for liability arising from the ownership, maintenance, management, or operation of a crematory. Upon receipt of the application, the commissioner shall review and verify all information. Upon completion of the verification process and resolution of any deficiencies in the application information, the commissioner shall conduct an initial inspection of the premises to be licensed. After the inspection and resolution of any deficiencies found and any reinspections as may be necessary, the commissioner shall make a determination, based on all the information available, to grant or deny licensure. If the commissioner's determination is to grant the license, the applicant shall be notified and the license shall issue and remain valid for a period prescribed on Page 1 of 2 http: / /www. revisor. leg.state.nm.us /stats /149A/52.html 5/18/2005 • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planneip SUBJECT: PUBLIC HEARING: Rezoning (05 -05) to change the zoning from Single Family Urban Residential (R -4) to Limited Business (LB) for property located at 13646 Crooked Lake Boulevard NW. DATE: May 24, 2005 INTRODUCTION This item is related to the previous discussion concerning crematoriums. As a result the discussion on the previous item affects the proposed rezoning. Again, it is the applicant's intent to construct a funeral home with a crematorium on property located at the southwest corner of Bunker Lake Boulevard and Crooked Lake Drive. DISCUSSION The Comprehensive Plan designates this property and two properties to the west Transitional Commercial/Industrial. This designation was assigned based on the location of the property and the potential for redevelopment to a commercial or light industrial • use. The property has not previously been rezoned because Andover requires a rezoning contract for properties that are rezoned from residential to commercial or industrial and no project has previously been proposed. A rezoning contract typically provides details on the general site layout and the exterior elevations of the building in addition to any specific areas of concern. By State Statue, the Comprehensive Plan takes precedence when zoning and land use designations conflict. Staff Recommendation The determination on whether a crematorium will be allowed on this site is a critical factor. Staff offers the following alternatives: 1. If a crematorium is to be allowed, a rezoning contract can be entered into with the applicant based on the attached information. If a crematorium is not to be allowed on the subject property and the applicant chooses to forgo the crematorium, the site can still be rezoned and a rezoning contract can be based on the attached information. If the crematorium is not to be allowed and the project does not move forward, the City Code would suggest that the rezoning wait until a project that will be allowed is proposed. • It • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE _ AMENDING CITY CODE TITLE 12 -3 -5 ZONING DISTRICT MAP TO CHANGE THE ZONING DESIGNATION FROM SINGLE FAMILY URBAN RESIDENTIAL (R -4) TO LIMITED BUSINESS (LB) THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: City Code 12 -3 -5, The Zoning District Map of the City of Andover is hereby amended to Rezone land from R -4, Single Family Urban Residential to LB, Limited Business on approximately 1.35 acres (P.I.D. 33- 32 -24 -31 -0007 legally described as: Lot 6, Auditors Subdivision No. 102, Anoka County, Minnesota Subject to the following: 1) A rezoning contract that includes the site plan and building elevations presented to the City Council at the June 7, 2005 Council Meeting shall be prepared and signed by the applicant. The contract shall provide a provision to allow the City Council to commence rezoning of the property to the previous zoning district if is the site plan is not adhered to. Said zoning change shall not be contested by the property owner or signer of the zoning contract. 2) The current zoning of the property is in error as it conflicts with the Transitional Commercial Industrial Land Use Designation of the subject property provided by the Comprehensive Plan. 3) All other sections of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. 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 0 i 0 E3UNKER LAKF- ROA ]a FA 6eTD�x .. i i i , S0/z9'd ON 6.►1y1 ( V 0 T r I> m i -- - - - - - - - - - - " w�Tew -- - -• ---- PL SCALE: h20 l C69h Isz 0z£ 5.1931IHmlj 2BMIW 0 b :1 :" . . S. MAY -20 -2005 08:10 MILLER ARCHITECTS 320 251 4693 P.04/05 i 0 uppa P LAN SCALE: r /t" ^ P - o" 987 S.F. Amok Am O Co aD V CA (a 1 A W N O O aD v CA Cn A W N n n n D D D D 0 n n z:E n n n n n n n n n n < < < n n 0 n W W W W < W W ao W W W < W °-W - 005 N K W 0 0 v_Ip� W W a-f-0 vK K prKp n m< -i -q v W N C N O S° W° n CD ' CD O y= CD S CD CD C CD CD ° CD S - W m "-' N c CD C 3 3 3 CD '° 3 y N y 2 .+ CD =1 O C =! y 7 '� y .1 W fD y C� W C =R C �7 a p W 'O Cp 7 7 p 0 m 0 7 3 3 CD p 3 n 7 3 y 7 7 CD CD Ci 7 7 3 3 Q = fO CO fA 3 • CO .n-, " ! p C v o p ;w O = W "• f0 ^" 3 5- "' " n O 3 CD CD n v Q O. p n N O(a v Cp O - • CD O 7 p O a_ O N Z C j C O 2 0 O 3 S C) O_ O S O 3 3' CD 3 3 W .1 3 n C 7 5 3 3 W .3•, C 3 3 0 6 1(j y O 7 -'-'s .•, W Cad W �• W 3 ;w W = „ y„ j N y CD O CD Cd C y C+ 0 3 7 7 y N N N N N N N N N N N N N N N N O A A w w W w W N N N N N N N N N CA a) D x 0 90 co W O z o W com g W N 0 m �� m vgm 3 3 =6 rp 3 3 Z v = cD 0 o v v =- Q� 7 7 _ W C y .. fD °° o 3 O W .0 y . S CD O A O S O C O CD CD CD S N S CD O C_„ S 3: •O CD y 'O ? a 3 :. C ... p� CD =, "{' C o CD N 3 E CD 'O S N ... CD vj a C y O C Q C j C *= N S. 3' Q 3 C 3 a C n 3 CD n 3 C — A y y m n a W _ N �j CO n :—,' _: W Cd 0 m = W S_ Q Cd = O y =• CD C �_ C , 3 Y VJ °: .. . 7' 07 n ., N C N y CD CD Q ... ,C1„ .. W ,,,. y .+ m < s7 CD 3 =1 C 7 - C S Ul Q CD (D y S ° 3 O y C ° y < O •J 3 O Q a r: 3 2. O 3 N . W CD =° y y O CD 3 ... O_ 3 CW, C O • 8 3 N 7 N CD y O r: W y Q ? 3 '< Q . m Q S Cep y C N? N V CD CD Ol F p_ n N CD O V CD N , 3 C 7 Co 3 C 3 D CT ° y 7 0 C 2� Cy a C Cp W N �. S .-+ C1 y 7 co y Cd y 0 W y Q CD CD ! Cp a N W 3 y ,+ 3 p ff O n 3 O C CD = ^' W .. O 3 �< O n. W m fD S p 0 O O C W C �+: 3 n -1 O n C W C CC CD CC•i� m 7 fl1 'O 3 CD 3 C C� CD .+ Q O CD -; y C n O S tO W CD C a y S CD 0 C m C. y•• n 01 N y 2. 0 y CD y p N O N C W CD m y N M CT CJ CD C��D y Cd " 3 m D. C O n n C C O O 0 3 0 CD �° 3 LT 3 i Q y 3 7 O O C CD CCD CD C C CD O CD 7 C Q y W 7 CD .+ C m �' N K C ' CD fC Q 3 .O O (D 3 n t0 W N C- N 3' y y m 0 C p CD C j CD N C -' 3 C a M y -° D1 N .+ fD - cr O ,n,. (T 3 0 CD CD CD .•. @ ° 3 g m na�'CD •O 3 P:. �•CD -* O 05 CD CD ... Cd C C � — n X, m CD N CD 3 7 CD a S CD y C �+ a C = :3 C CD 3 m CD N 3 o C C y y C < CO Cad 3 W a N p y N N S < O S CD 3 n 3 A :"' O. 3 r Q 3 7 m 0 W C CD F. 7 -n = n C N N 3 N O. 3 y CO O. S CD .G n (D y 3 S 3 C y O 3 . (D y C y a 0 C 3 S F S C r S C W 3 f CL m CO O• N O C _S 0. y 0 3 a " ° o O a .+ 3 C71 3 = m y W CD t N 3 -� ° 3 ° ? CD c`"n 0 C CD C = :3 m W Cl j y' � 3 W W CD ? >• CD 0 � 7 7 D ° 3 o �_ N CT CD CCj y n 3 C= 3. 0 O 3 C N W CD CD y 7 O N co C �• W d 3 C A 0 y y. N . C CD .W,, O C _. y y N O R. C C. y X. N .C+ CD 7 n C) 0 O a 3 y X O M, 47 W N i o CQ S 7 CD m CO y 0 3 r 3 CD 0 y3., O 0 y N ? r, y S C .� 3 CD p (( N CD W �_ O co y 7 d . 3 fD l 0 f0 fCCD y CD N CO 7 .3. 7 a CD O a C� W O 0 O a N CD C Q 3 m m _: N< CD ay �- as ° D °�. a n v 3 d CD y 0 ° ,, O MCD 3h a3 CD c< a a — m y m m e $ m ° m 3 CD-� rn C7 a N, 3 W C 3 �, td = y a N y W �, 3• C S ?' 0 n ., _� n F W 3 "O a 3 a =r ° ' O CD C ? o. C + �. < CO 3 .� u 3 O CAD y S CO CC 3 a. 7 * W O . .y, CD fd CD : CD CL 0 O CT n 3• ° 3 Q M 7 3 C 0 CD ° m O N C 7 . O" N 3 n z C n :E CD C om 3 :c �.0 0) 5- m a 3cc y m° o m a� S O O a CD N CD co CC .3.�, C 3 O OD �, N C° 7 O 3 C C Cp cn CD :3 3 O C . CD 7 N Q y CD a CD O , N m C ' C y y C C ' 3 y y (p 3 0 5 0 CD n v C n C a m m rr 0 D > �p 0? -I m � o CD o m �� 0 C� 3• cD v ° 3 CD S. ,a CL (D �� A n m m CD C 3 3 W m a < W a 3_ W m n CD M M _i S 1 y a Q 3 CD .., W 3 W 3 ; _a 3 CD 7 3 G= C ►y C. 3 CD CD C - w CD CD CD Co CD CD _^ CO C"p .K W 3 3 co T .. 'O .+ CD fD Cy�j Z T C" CD CL p y. _S y 0 =' f n v a 3 CD CD y 0.. 3 3 C) 7 C� O W W 3 y :1 d 7 D C• C 3 = =! �, 3 CD CD • O a O C CD vi C Cya CD Cy6 3 Cy 2 — CO 2� CD 7 C -1) _'! 3 3 ='! y N y CD W CD CC CC'f CC O W CD O = W � S o 7 C m? 'O f 0 C O O L ¢_ y. 7 O j S y a Q 7 7• O O O C W ._,: O 7 S W G m " ? (C N S ^ n L �, O C 3 3 C C ° (P N C m Zr N y 1, O a . C CD Q C , n @ S 3 O Cap n CQ W o. f G CL 0 O (7 N n y N O. N N W m N• 7 C c3 CO y 'O S o - a W c �, C ,< N a �, C a 7 @ -' CD y Q0 S CD CY1- C 3 ° y ^" N� 0 N C� 3 y,. C 3 3 � 3 ~ y ~ "O O m 3 W m CD CD pD ,+ O ca CD g3 3 a w C7 gym° o y , y c�i�ym Z = m a = ' ° y � 3 C d 3 W C ? W 3 W -• (� n W y m 3 (D a m -, a 3 CD a a s y --1 T O CL CD y 3 C S ? ^ N O N CO N O A N n a Z = w D m 0 W ° z W o ;� v o to h a a (° 0 z CD a W v v W W Z n v C co c 3 _� m - 0 D D N Q O CD C CD fl. a CD S CD v O CD W C S ° n a C G W < CD < CD W CD Q < 3 a M 3 3 W a a 0) C CCD N N N Ca m y f cc n v a a a N C x• =r x• N W j T n Q o y .., m C � C CL CL C ,y., � y 0 C 3 C�� C m c m �1 m CD : y w f y D c —+, D Q O CO C CO �. CD tp a •., = , N p, 3 y -, C 3 y y 3 3 W to :3 y C 3 y n o* W 3 = a cc S N O 0 3 C >• a V O_ %+ CS Q CD W C7 - -,. y CO CO a CD 3 N y y n CD O. '* Q 7 CO 0 = n � CD Q. 3 ' .., C ., ° j C O CD C O C Cp S 3 �1 c 3 CD C C CD tO ° o ? co 3 m m m y y 3-. a �° t° X at CD m W o W v 5D o V o W s f m N o' o 3 2 ro Cd (3p •p y y O. N 0- fC7�D Cp 7 CD 0 0) y C N_ N f m CD CD pj O S W ° 'O C 3 m 3 7 l< 3 O O a C N � d � N y 7 C 3 j � W � O. 0 CT CD 3 a 7 y .+ C y d CD # (O W C• m m m CD c w D m m CD ° C1 0 '� w CD a Cr1 3 W O. a 0 CD CD - C CD m 3 =r a 3 Q. :3 n vmi Q a > > a N n f0" N Ca C (D `< v m m m a v = s 0 rn Cl) N 0 7 C. 3 7 N O CL m W Ah r' AML w w w w w w w w N N N N cn N N W V 01 Cn A W N C7D V W tr A W N o Z * n n n n D n 0 n n n n n 0 (� n < < < < W n < < < < < < < W < < m Ac 3 00D ,pco D ;uOr D 3(n o co m m - 0 5'9 mmmT r�6)v- 0 mv cn am -icy N a CD m y C Q m e Cp c Cp S 7 m x 7 m m Q m i5 m 7 CD CD CD =C O3 O � 0 CD C r C a c CD� =• 7 y C a CD 7 y C? CD y] y O Q C y C, . -� p 'O o S r O 7 CD O y CC -� 3 .5. 3 o r: 0 C CD O O C) 7 O =• CO 8 3 O Q m m = �• CT O C 7 O -., O CQ co m CO Q wx 3 . >> n O y r O N < CD Cn m< C N 7 CD C O y O Q° = CD y =n Oy 3 r .Z Cn ` 2 N y CD 7 7 S O y 5. 3 7 S a CD T O_ Say 0 C . =r �' 7 y? CD 0 y N �w 3 =t T ►roi C7 N 0 m y 7 y a CD Q cn ? CD y CD 3 0 CD O m y O y N O CQ (D N 0 N N i N i N i N i N i N i N 3 N i N i N i N i N i N i N i N i N 3 N 3 N l O , V 01 O> U1 A A A A A A A A A A A N CA Cn (n A A N Co 0) U1 Cn N Cn A W W n TI co n T m v W n n N N N Z n CD w m y n� v Cp p --j f v n -I r r v sum = 7 O CD C c a ID CD `� � R C N � 0 S O O CD O O O O < C � y E. 7 O. C :3 y M. 7 7 7 0 7 C p C�D C9) Ca O N j p 3 O •. m �• I C X� CQ CQ C C tQ < m � CD Q 9) C_ O 7 co m a y 3 O' (D O c C y . W a to CD 3 O CD ^'• fD 0 CD 0 0 CD, 0 0 CD 7 N N p' N O 3 T T. , m m y O 7 0 Nd j !Q CD = CD f� C N n O CA , .y. C �, O� C O O A O O 7 S S T M O tD y am= ?3 0 3 o m m T � S a vo, K 1 �� CD °°'?' n� �v oc cc o oC� G7 D' m CL p 7 m `L_ CD CD tQ y 7 CD CD �Q D O CT C m = O S CD O ^! C m O CD C y ) p 01 m CQ T N y m O n S 7 m � N �. CD m cr y 7 c I _S C� CD 7 d fD y 3 CO O * ppj CG 0 0 O y �, A a O 7 WT G y O•-0 m -0 ?� :E O " CD 0 m a'0 N S (7 C m N �' 0 3 a m a CT CD v C ffi. Q =r y CD CL O p CD M f r.' a O. cn a N O m Q =. y m y CQ r: S CT m T W CD 3 �c < m ai c 0 o i o m a Ul -� m m ce 0 0 M 7 T p _ m N 'O C T V CV C O m d a m 3 a D1 0� O <� v O X m W 3Cn ° a O a to CD C d � ° o 0 v o m 01 Q a <. y M a i N CD v a N u 0 7 O O CD o a m y N " C) m y T Q m CD T S A < O _ d W m m a ? 2 0 n S C Q = y CD m m N m CD m CD O CS N EL S 0 Q y CD y O 0 N 0 O 0 Q T CD CQ a V) C CD �_ O CD .� cr CO M 7 p Cp <. CD 3 S Q' p 7 y CD • p CD K O f 3 n >. y 3 0 CD < S O to Cp y 3 CD COj CD C C S .n. T mm Co 00 3 0 c y 0 o �o �� o M �� g mX m ? ; o v m ; m W m n, w 0 O 8 3 0 3•m y ag 3< < n< 3 v< 3 � m O y 7 Qd C1 m Q 7 a A . p m CD CD T CD �' m 5 0 CD m 7 C. r �. co m O CA p N 7 �, �, C S co n x O v CD a y CD r 7 ' CD m G +• CD O CD C7 O CD R O ? X C) CD CD C CD y O. OT m CD Cr CD CV y 3 CA 41 •O a < O N y_ n (7 y_• O X, p m w CD O N. O !t . 3, m m v m n C 7 0 y (D 7 CQ C 0 7 0 s n d d C wM o 5 a o n i n 3 X 7• 0 Oi cD o �. O 3 W ty C� d m 3 C c 7 m N ' N Co Q a (a Cfl ? y ' (7 •< = n 3 y x CD w C1 m CD y. 0 cu S fQ c A 97 c o O CD O O O :3 O 3 3 O O O y' O y CD O m y O Cp `? W C �: t� [U M < ` i 3 y CD a a o Cfl i m N o cn CQ m to c a 0 3 D c CCCC77�� _ O �. T a m O O �C C m vi fD 3 C C N vi W 3 O O N Cap CO m . W �. W ° ryJ y 3 co 0 O CD n• p, = C m _ O .- 3 m 0 X O ' C� Cp < CD < o 7 m CD m D7 y C• O M m T < Q m Z m < CQ _ Q 0 O rt 7 Q - y = m 0; •O m O co G Co 7 CD ►� /�, cn C m y o 0 3 0 O� m p C ^^ T y y f _a 0 0 Q 3Ty C. ?_3 m m O ^. m n '< 7 O q O C C1 p vi O �. 3 W Omw CS C O :E CD M 7 S 0 !; a T Q ': 7 CD., 7 0 a � 7 7 � C• a CI' 3 a m a n 7 C = y y C y r O p p 7 . m : a 0 CD O `< n _ O O < O I 0 CD (a CD CD N a 3 � 7 O�. y d 7 O S O 'O N N O. y 7 m co; _n T O � a 0' CD N O a 7 7 f0 CD O S y n 7C CD tQ h•] CD C CD 0 y go -• CS l< a .0. y 3 CD -- m � 0� m w CD asD z x m d a cn cn m � n O A v 0 0' � v A� m .ZI 0 v < 3 D CD n w 3 3 m m CD CL ?< cD m . < °< y Q• < m m . 5. 6 0 CL y O �{ = 3 m m m m m = m m O ; O co z M (a m 0 s CD CD Q 01 a y O m Cp m CD x O X. Q M 7 O S m m 2 N p 3 y Cl) y m y y C) N a .•. O m CD C C D W x vi T S v M -+. y. O b y p :3 N• c T C ? m m O C m O 01 CQ 0 m O T O =' 3 CD X - .y+ O 7 n .Z7 0 T 0 Cc a O S T � O : m C=y O CD O O CD C 7 a CA � m CD y C 4J `z O $ CQ N i [Q M 7 y y CD ? •O CD co m 9 3 3 O Q O O_ C) N S CQ N 91 N to fD C am, p N Q C O f C O Q p1 'O O N N? < W CL m .m.. W pC1 p CO y (D CL G. a C O CD 0 C ? 7 y 01 G A y �i 3 a o C < d 7 Cap @ CD ro 7 n a .'11 7 m O `< C1 CD -0 m ca CQ CD Iro 0 .. ID CS CD OT 0 7 y CQ ro .; Q C y O OL T V1 Q N O O C 0 y : O T CL Q 1 Cif tv a C CD ° CD M. -Sig (DD m a �' o'°: m cQ CD •Q CL :3mA CL � m y y a a= 0 v y 0 0 m 0 Q o c y y� T m 0 m CD Q m o O v m a N 0• m ' d CL T CD 0 v m 0 m m 0 � m CD y Q m 0 w M 3 m T 0 T 0 CAD O y" y m O m O O 0' 7 y _3, 0 3 a co 0 CD a C m CD m c m 3 m y ° 0 n y CD m o o a) m' �i m m O m < CD n -•. 3 su 3c m 0 C 0 fD N co W <D N_ C • S O C m n (D CD O 0 C Tp `< i 0 a w < O CL W N O 0 fG CL w 7 c a a CD m W N 0 A Ah r r CT N (n N (7C t7C CT C7C W A A A A A A A A W OD V o) N A W N O t0 OD V CA N W N O m Z n Z� Z� n W W Z� n n n n n Z� W W Z� Z`2 Z r2 Z� Qv m m m C) 0) - V T C n TOOSO=TC»p SZ fn 7 .;CI Cl) j (D co Q) co aio Cng Cp m at � m ? m y o y 7 - ,. m 3 y S O O O 0 O m O m C O p CD a CD m C C CD m :3 (n p� co � M. =gv v : m• (n m m'� m� CD ;L CD m o 0 m m D m a 10 r: = gy m O 4. Cn 3 cfl Z ID 3 3 m y m C 3.°: °: om= 7 N � (D CD - 0 7 mm O y m 3 a CD o o m97 0 .. N W a a 0 2 O O 7 7 m m C y y CD y . O m = n ... y CD y m 7 7 CD C n Q - fO CD fO CD I A O tO m 1 N 1 N 1 N i N 1 N 1 N 1 N 1 N 1 N 1 N 1 N 1 N 1 N 1 N 1 N 1 N 1 N 1 N 1 N 1 N O A A A A A W W W 1 O O O O O O O O O O O ClJ Zn A W W co N W OD Cn A CO �I v W N m D D W m pp v D OD O A N A W z y 6 r -I 0 m m o D_ -I g -I T (� Cl) (� 3 f ° - 0 m Z Z O < 7 O O 7 S O Cl CD p O 7' O O O N 3 S '6 0 O m N U5 D p m N •O m. 0 :3 CL m m y fl' O y < , p m -O f y y 0 CD CD l O 1 O.0 m d 7 CD C) a ° 3 3 ° "" CL y y N 13 O y CD N y v D 0 n _ p CD n < 0 m = m y y y C) y n m ^" 3 -'! m m a y 7 7 y . C m y y p 3 7 ,+ 6 �. y m C p ^! .< 0 CD 7 CD y OT m 7 < CD < CD . CL CL S < m W N 7 = .m C O C . 7 m 7 CD m - y O m O o co O ? o CD m O c @ y Cp 7 CO 'O o CD N N CL a m a y y m T 3 a 7 - vi CD - m S m O O N S 0 M a m n+ m 7 6 m n p C1 O 7 O _ •Z < CD CS t0 CD 7 -7+� C7 C1 3 Cn m y 0 3 0 Cp ,�. , O Fii m cn 0 y a .y. C O m 7 y m a m m O m m CCDD y :3 N p a C ^' m m .+ O S O CD x. m CD 7 =_ 7 C2 C n 0 7 0... " y 7 m 3 OL a m = 7 x ^ 0 L` 7 3 0 vi 3 m p 0. 6 CD C G 3 CD t y . p 7 m a m W x C L -0 3• y Q CD m N m 7 fO "7"' 6 N 7 'cn m m CCD 7 C) O N •.• N 'o N - O p. n 0 C m y.. C m m m CD m U) m C 7 O C 7 CD ia y O - m CL 1 0 CL CD % CL J 76 O p y S O y S C y m C C m to S y C) Q •O -' O N aa) 0 C CD N O O 3 0 CD 6 3 j CL K y y O -p a •p ? O. -p CD Q 7 0 O� C O� F5 7 y O y Q CD m n C C O• Cn W m 7 y O < S 7 m p 7 S m O •O 0 7 O S C 0 C CD O_. CD N tQ n Q ry Cp [) S CD a O U) a S O. O •w N 6 y' p m f p 0 C p O� CD y .C-. , 'O O CD 0'7 O_ m C m CS <• m 0 v C o m CD CL C R N m 0 m my to o n ny 3 0 3 cn m C m m C T. CD _ .z CD p . 7 Q) N y O . c 'O 3 3 y n� S n ': S y y n d m 7 n 7 0 v Cn o y_ CD m cno m m y OK m y �n m m m m CL y 0 -- O m m' 0) w O =r O m m m r 2 p S m S m N 7 m ' CD m 3 - C1 m �' r: m O O ci < m v' - ,. m 3 N O Co 0 7 O m �. 7. 7. a 7 7 7 C m m 7 Q 7 a, CO c . m 3 7 O m 7 C m y m . O 7 7 b 7 fr N m 0 N d m O O 3 y O CO CO m 7 m � O X tD 1 m "' 7 m CD m m S 7 0 6 m m O CD y CD 'O CD O. 6 m O 1 y CD a m O 47 m = d N CD 7 m a Om CD (O CD C�yi 6 S O N O C C N y C ,,,' y y D 0) m a 0 •• O O CD OC a -w .., 7 y m m 7 co =r °° O C y cn a y C CD t N S mCD. 3 Z �•` y r' m cm o00:3 fO � 0y G� O O. S 3 `< m a fD 7 .,,� m O O C y y CD CD 7 m C 7 O m 7 y n 7 m 7 p `� 3 y 3 7 m C CD O• „O,. nt m r: 7 N a co C O F 7 C �m y m y a y C) N y O. O C N CD CD O m Er CD 3 to CD to a 3 N G y .0 6 C p$ d p y C y CD m . - " j ? c< c a CD m o 0 `� °' m " ai c d o a m 1 ° CD CD a o 3 n H v ° $ =0 3. 0 mK c o (A ? c u ^> m3: yC O o DC C. to a :E �'am y tpa y o �_ a � a Z 7 a m o @ m o D m CD 3 °1 m 7 CD w --m °? w c °� S s 3 m m y :3 <c m a 3 7 5 S C7 oa C C� f] v tD O 01 C '+ 6 0 1 410 ? 7 O =r �Cp " a) O C y j O ... S m a y m d y m o y S m 0 m a m m 6, x m 6 3 @ c m O ( N _r 'p 3 c y w N v a m C) O 7 7 3 $ O < S y 7 y y .« o () CD m m 3 tcn O m arc N ±• a m m x• �a 0 m c v j a � x m m y m j y a s C y >< y �. m y p :3 m y O CO m O < K � m D � Er m n m ° � (n =r �� 7 CD S c O S C w o CD a c o 3 m CD CD _a 'D CD < o m 0 < .. m f �' < m =. �• w o m n to 7 (a a °�. co CD c v CL CD 3 m x• m m m m m ^^ m m m m ? CD 7 al N m CD .. m CD .. O ... 1 m r. ... C7 ' 7 C O 3 C • d aj 3 C) •O C1 CD 3 -�, O O .. •' S y 3 3 S y. 3 7• N CD m CD 7: S 0 m 7 m 0 CD "! Vi O 0 2) O6 O cn m 0 y m 7 co N CD 71 vi y m C Q .•. at m W C 7 7 3 , m -I m 0 7 m CD a m m m .. N O m N •O .z CD O, `C Ui N/ m "' C K S C'1 < m f1 O m 7 f7 0 co O y S C) C) O p m CO m y n 7 CD ^. ,-. 7 ... ... C m CD m n m a , Z O 7 O 3 7 y y m m 0; 7 7 O c 7 ; CL 7 7 m y 0 c m y C f- N tO a m m 0 3 < CD (Cj (7DC7 CD L m X . C a y CD m y N C 7 m= 6 CD°v0 O �, y m 7 0 _.; C m n, m ."' 3 b 6 p 7 01 CD S_ S C1 C1 .� m 7 7 0. EL m (n m Q 7 y f, a C N 3 w 0 O a O 70 CDC ma m D m0 7 (D f• �m N and O O y o y O O 3. O S 0 O 7 = y m CL C S C a „7 O O l< �@ a? N S � O y � m a m m o, O m C CD 7 d� - . C m Di N m 7 @ -a y N N m CD C C o 3 w y 0 CD 0 x m° c 6 7 CD .' m y m 0 7 � g � CD m, m 5- 7 C'1 0 3 7C" m N o y C m m �' 0 CD m p �. m m y 7 S m O G n O (� C L ^' 7 0 7 C 3 7 m y O •O O C 3 vai y 0 3 m 7 a O CD 0 CD o. p N N m 7 CCD y y m O C a 0 < :.: O O 0 O N 7 0. n. m p C y m m y '� m N m fn CL CL CL 3 t N d 7 0 m N C1 � (o CD y 7 0 N 7 3 7 CD 0 $� f6D o m o mr. C C mm cn O y N m °� d O O C ? O_ Q y' O_ 1 7 N a m S m CD m Cp m 7 CD 0 7 � y O v< y O m 7 7 O m N O 3 7 co a 7 tD 7 A C 9 CL T m tD W A Ah Ah N O 3 7 a 3 d 3 W C O Q W T m A 0 A 1 I O 10 00 V m CA A W N i O CO m V m Cn W Z:E n n W n n W W W W < Z*Z*Z� nZ� < W 03 G (Dj TO D <v0 vv D0 W W G D 00 W V G) j v v cnQM cn m gd r cn m o - 0 mmo �c o m o 5 . E . v, c = J 5 ; �'ym = c m ' mm x� o < mm =may 2 m' = = m CL m ez m 3 Q c m a a m 3 y y y= N n a >• 7 0 co m m Z y = O C) CD -y~i 7 i 7 y N y m C. m Q cn CD CD O CD . CD S N J m c O :3 y m CD CL CD (n y CD p O A 3 C C = O y 3 CO m m �7� (C_ y y p m y = = m y CD y ,+ Q y N O .. Cn N N N N N N N N N N N N N N N i N N N N N N N O CT Cn cn CA O CT OT A A A A A A A A A A A A A A A Cr1 CO -1 O A N W N CO O N O CO CO CO co r O 0 n D W m n c N W z p A N T m p p o S= O m O m C C CD '0 n CD 0 - p - CD c. Q O n C7 y 0 3 = 7 0 O Q = = O 7 O 0 O O = n J y CD 3 c Q y y O m =. J °• =. CD O = 3 = 0 n � C c CD , m C= C y y "O m C11 CD a -0 Q r: = In Q a7 0 _= J 7 Q m N p = CD M -' Q m m Cco n +,. m v_+ W m o= C G= O= O y m y O. m O CD (n y = y m -� „� y m, C p C0 CD w C 3 7 O O 3 7 m m p N( y CD = ° CD Q m y CD O — m m N m co O O d O v, CD c = fC v f<D 3 `� o O ._. O O r = In m m O f Q cn m Q 4 _ O 7 y m 7 m J vi — O ^' m = -n "* o= m . m r 41 J to -- O m o m ... m cmmo m � K y o _ — Q CD 0) y m = 'O o = O M C _.. 3 Z y ° ° m- O a r: d N O C= O o o N d 0 �. v 3 5. �_ zr 7 d_ W m CD CD 3 7 p I< CD n C1 cn O c O C7 CJ r y m U) N Q CL j 7 O o C� 00 L co to = m . -w _ r.. 0- m Q 2 O . CD Co X CD o m O ° (�� 7 N n a =' C!r O m �• = y y Qy. J m y 'a C C X O y m x. c d m 6 0 y :3 . m Q v 7 m J 0 7 = S `. y. m ° CD CL fQn = CD �• CD CD a S o m O o �L y y y C7 ca _ co O m CLR =_ y ? 2 CD C 3 0 = m Z j m p p Q CA CD y m m cc y -p v v p ? y v 3 CD Q.m a, ° ,< a m a� O '0 < � 3 ., m c CCD a o m Q v c m m c o o 3 y �• m CD CD 'D Co CD S J L N y m m J j N j y CD moo m 'o'oC7o 3 = ^� . o� c Q a a y m m = V N 7 C O. 3 C7 y Cp G Q = fn Cn y CD y 0) y C W O 0O Q p CN(�D O M O. C CD CD N y 0 m O O o 'a o = -0 Cc Q f( N J m y N Q C� CQ Q (_� (p C 3 3 CD (n ° O d v- m y m CD Q U) '0 y = O p N O CD m Q CD c CD CD C CD y c C�� CD m CD C CD J a O , n C CD Cfl d N d m 3 O = j = y Q CD m N CD ' c ? m 7 m CD a2 = o < CD D°i CD ° o c 0) c c'u Q n N� na o ,_; o m o r 0 c m m m CCD O c `G = C ° CD CD a� n p R. m d v J o 3 c� 3 = o w 3 3 E ._•' y y y CG m y .y... y ' = C7 cn a s °• D v cn Z m 3 a N Z A CD - V -V 0 C CD a u ao - �Q 0o °< 3 3 — n 3 C D CCw0 f c� � ma 3 mQma 3v mf m o 0 o c J ..3 CD = CD CD yCab m C 3 CD = y ° O' j m m = - . Ce m m r f co y w m m m (xCpp Ll O C CD C S m m m Q o 3 y y y CD .O•. 3 cc y 3 .p r. E L A " O Q. y n m 0 = J i N 7 Z N Cp m - c - CS CD - 0 C m •O = m 0 ^' j r , = 0) 7 m y y -, y a m m m a m° � � o O Q v_ m m -= m o n =.o 3 v', a a° ° G_ �'a a @ y <° a� A CD CL k° v c l< 0 c ,-.. y CD CD m p C7 m 3 C ' c m Q m CL 3 y v�7 y m �? o W n J m m < p J cn m �Q 3 y 3 n O ° n 0 fD < =r y m n = m y `< f= m y CO O % , - 3• N J x G. CD J m O O O O CD o m m C7 m J Q z O m p y Q Q = m m y C y CL m = Q CD c = CD C m Q Cn G O m e Q c co N 0 y N a d Q � m y Q . U) A co O = Cn C m C7 C v 7 Oy O O m J = 07 m .Sy m" O O c y ^'^ . = a y C CL 7 0 w y c m i p� = m m m° .= m c y D m m y. 3m d CD CL PCy Q m m p N O � Q = m m CD = D O am m O z CD = Q ° CD 0 n m C CD y cn v ' o to cn cn c CD CD 3 o 0 y O c�D rn o - c°D O Co O o o C' 5. CD c °— �c - 0CD = �' ° F < m 3 CD o o m = _ _ m < < Q CD 3 m N o < m J m co M F a _am CO Cc m .•. y. y 7 ^! O m .. m Q .. m m m m = CD y m ? y :" O M = O = m 7 0 = o J i J y = CD O ? y _ _ _ ;r m y a �'0 ° :3 � y Co a' °_ N ° G m m m m m m m m CD $ <_ <,D cJOm c < a a a a y o - m C) "! m Q CL m Ro O Z m m O . m m 0 . W Vl y y m 0 m V CD m �' Fr Q y CL CD CL Ci J ? O o Q - CD 0 m 3 C'n ? C7 a ? O O O 7 y •O . �1 C=p f�D 03 'O ^' m m m O' y 7 y CD M C y a 7 W Q O N m G G G N m " 3 .y' O O y ° y o m b `G c G = J a m N X m 0) 7 S C = a n. ma o Q m o v a v _n `GQ ,� :3 CL v = m via y c °: °: o; m m m v 0m Q a 0 0 0 m m m O N 0 o° Q a s CD n 0 °: �' °: Q 0 °d 0 0 3 i N 7 O m C W U) J CD CD w 3 m m m m CL o y O. m m y 7 0 A 0 m m m N .. N y PL Q O 7 C N O C m m m m m n m O m m o 0 o y D v 3 n m r y y y r- ""-,•, m 0) CD O m = y L D ��, 0 m CD n n -� N o y In C _ N < .. m m O F = y N O 3 7 a 3 d 3 W C O Q W T m A 0 A