HomeMy WebLinkAbout03/14/06C T Y O F
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
Andover Planning and Zoning Commission
Meeting Agenda
March 14, 2006
Andover City Hall
Council Chambers
7:00 A -m-
1. Call to Order
2. Approval of Minutes — February 28, 2006.
3. PUBLIC HEARING Rezoning (06 -02) to rezone property from General
Business (GB) to Multiple Dwelling (M -1) for property located in the
northeast quarter of Section 34, Township 32, Range 24, Anoka County,
Minnesota.
4. PUBLIC HEARING: Revised Preliminary Plat and Planned Unit
Development Review of Parkside at Andover Station in the northeast quarter
of Section 34, Township 32, Range 24, Anoka County, Minnesota.
5. PUBLIC HEARING: Residential Sketch Plan for single family urban
residential development located west of Country Oaks West and northeast of
the intersection of Hanson Boulevard and 161" Avenue NW.
6. Variance (06 -01) to consider variance to front yard setback for property
located at 16552 Verdin Street NW.
PUBLIC HEARING Ordinance Amendment to consider licensing
requirements and performance standards for vehicle sales.
8. PUBLIC HEARING Sign Ordinance Amendment to consider revisions to
City Code 12 -13 -8.
9. Other Business
10. Adjournment
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 . WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planner
SUBJECT: Item 2. Approval of Minutes - February 28, 2006
DATE: March 14, 2006
Request
The Planning and Zoning Commission is asked to approve the minutes from the
February 28, 2006 meeting.
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• 16B5 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
PLANNING AND ZONING Coj DgSSION MEETING — FEBRUARY 28, 2006
The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on February 28, 2006, 7:00 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota
Commissioners present: Chairperson Daninger, Commissioners Tim KirchA Rex
Greenwald, Michael Casey, Valerie Holthus, Devon
Walton (arrived at 7:06 p.m.) and Michael King.
Commissioners absent: There were none.
Also present: City Planner, Courtney Bednarz
Associate Planner, Andy Cross
Associate Planner, Chris Vrchota
Others
APPROVAL OF MINUTES
February 14, 2006
Commissioner Kirchoff indicated on page 5, the name of the bus company should be
" Grande American Bus Company" instead of "Beat- American Bus Company"
Motion by Casey, seconded by Holthus, to approve the minutes as presented. Motion
carried on a 5 -ayes, 0 -nays, 1 present (Greenwald), 1- absent (Walton) vote.
WORK SESSION:
A. Sign Code
Mr. Vrchota stated as part of the ongoing project to update the Zoning Code, staff has
begun the process of updating the sign code. The goal of these changes is to modernize
• the code, which has remained largely unchanged since the 1970's, to clarify unclear or
contradictory sections, and to establish amore defined set of performance standards.
ti
Regular Andover Planning and Zoning Commission Meeting
Minutes —February 28, 2006
Page 2
Commissioner Walton arrived at 7:06 p.m.
Commissioner Kircho$ stated he wanted to clarify what it states on page 10; there is a
table at the top referring to parcels and square feet per dwelling. He stated there is an
asterisk and he was not sure what it applies to but it mentions "signs greater than four
square feet on parcels of land five acres or more in size shall only identify agricultural
related uses." He wondered if this meant that any parcel over five acres in size has to
identify agricultural uses only. Mr. Vrchota stated they do in a residential district,
Commissioner King stated one area talks about the temporary signs in the old standard it
limited it to thirty days out of a twelve month period, now they are taking any limitation
out completely. Now it is saying a temporary sign may be placed in such a manner as not
to be solidly affixed to any building structure or land. There is no time period for a
temporary sign, so why is it considered temporary. W. Vrchota stated they put the time
limit in the section dealing with temporary signs.
Commissioner King stated on page seven under prohibited in all districts, audible signs,
does that also make reference to real estate signs that have phone numbers on them for
people to call. Chairperson Da thought this was considered inward audible and the
code is indicating outward audible.
Commissioner Holthus wondered if it was possible to have a chart or graph indicating
what was allowed in each of the districts. Mr. Vrchota stated they did look at that and the
problem they found is that there are so many different caveats per zoning district that it
ended up having a whole bunch of sub sections and was not as functional as a table
should be.
Commissioner Greenwald wondered if roof signs were som ething that came from the
Council. Mr. Vrchota stated in working on updating this, they looked at other cities to
see what they had done on their recent sign updates and there was a trend towards
limiting roof signs. Commissioner Greenwald did not think they could completely
disallow roof signs because sometimes there might be somewhere they would want to use
them. He thought there should be something listed under Promotional Signs, Item A.
Commissioner Greenwald wondered what the limit of time was that someone could put a
real estate sign for open houses, etc on corners. Mr. Vrchota stated real estate signs are
covered under 12- 16-4a, on page 6. Number 5 indicates signs have to be removed within
seven days after the completion of the advertised sale or lease. Commissioner Walton
did not think that section dealt with temporary real estate signage. He thought it dealt
with lot signs or a regular post hanging for sale sign in a yard.
The Commission discussed temporary real estate signage.
Commissioner Walton stated the temporary real estate sign age seemed troublesome to •
him. He thought the different types of real estate signs needed to be individually defined.
Regular Andover Planning and Zoning Commission Meeting
• Minutes — February 28, 2006
Page 3
He thought real estate signage should be covered as an entirely different entity.
Commissioner Greenwald agreed.
Commissioner Walton stated he noticed on page one, bench sign, it comments briefly
about a sign attached to a bench not to include memorial dedications in park areas yet as
a signage type, they do not cover memorial dedications that he saw and he wondered if
they could or should establish memorial dedications, albeit plaques or other types of
signage as a separate signing definition.
Chairperson Daninger wondered if Andover had any billboards in the City. Mr. Vrchota
stated they did not Chairperson Daninger wondered about the calendar year for sign
permits. He wondered what happens to the people who apply for a sign at the end of the
year. Mr. Vrchota stated they would have a permit for the time they apply for it until the
end of the year and then they would have to apply again at the beginning of the year.
Chairperson Daninger stated they have not addressed any signs within the roadway. Mr.
Vrchota stated private signs are not allowed on public right -of -way, they need to be on
private property.
Commissioner King wondered why they are excluding trailer signs as real estate si gns -
Mr. Vrchota stated most businesses use trailer signs for their advertising but are not
appropriate for a residential area.
Commissioner Walton stated if they are gong to allow it for a block based business,
which real estate businesses do operate out of, in terms of taking away a promotional
opportunity from a real estate business, he thought this was too restrictive. Mr. Vrchota
indicated they were not saying that a real estate agent with an office in a commercial area
could not use it; they are saying those are not appropriate in a residential area.
Commissioner Walton thought that may be the one restrictive comment to add to the
verbiage. He thought the wording should include "populated residential area" in the
revision.
Commissioner Walton thought they should allow the trailer signs in new developments
where there are few if no houses built yet.
Chairperson Daninger asked the Commission if in a development area, they would like to
see a trailer sign in there. Commissioner King stated he believed it should be allowed.
Commissioner Greenwald stated it would be too difficult to monitor and he did not think
a trailer sign would work. Commissioner Holthus thought it would be too hard to keep
track of in a residential area. Commissioner Casey thought once the development starts,
if there ar e not houses there, he could see that use but once the residences are constructed,
• he thought it would take away from the neighborhood. Chairperson Daninger indicated
he would not like it either.
Regular Andover Planning and Zoning Commission Meeting
Minutes —February 28, 2006
Page 4
Commissioner Walton wondered if it should state "trailer signs shall be restricted to
commercial property only
Co Greenwald stated he was concerned by the roofline aspect of the building
in regards to where signage could be installed. Mr. Vrchota stated the intention is that it
does not extend above the roof line. There is also the twenty -five foot height limit for
signs.
B. Automobile Sales Performance Standards
Mr. Bednarz stated at the previous meeting the Planning Commission expressed specific
items they wanted the performance standards to address.
Chairperson asked the Commission if they were comfortable with 10,000 lbs for weight
The Commission concurred.
•
Commissioner King asked on the first page, they make reference to State Statute 168.27,
dealing with bonding. One of the things they talked about was they did not want to get
into a situation of dismantling vehicles and putting them back together, Statute 168.27
states both of these items. Mr. Bednarz stated the proposed local standards do not allow
dismantling onsite. •
Commissioner Kirchoff stated they discussed there would be no automobile repairs on a
used car lot unless they possess a new dealer license and he wondered if there was new
criteria for a new dealer versus a used dealer. Mr. Bednarz stated there is not.
Commissioner Greenwood wondered if this is practical because he thought used dealers
might buy vehicles from auction and may need to fix them up to sell them. Mr. Bednarz
stated this is an issue of contention with the operation that wants to do business in
Andover and they feel that this is an unfair restriction because it would discriminate
against used car dealers. Staff does not want vehicles brought in and major repairs
completed before it can be sold on the same site.
Commissioner Greenwald thought this put a big restriction on the used car business.
Commissioner Kirchoff thought it did not because they could repair the vehicles at
another place. Commissioner Greenwald thought that was too restrictive and he had an
issue with. that. He thought minor repairs would be ok and they could include wording in
the code indicating what type of repairs could be done on site. Chairperson Daninger
thought the Commission discussed this in detail at the last meeting and were in
concurrence with what was written. Commissioner Greenwald indicated he was
vehemently against this because they are forcing the business to have a location outside
of Andover to do their business.
Mr. B stated the intent was not to stop people from detailing vehicles; the intent i
was to stop them from dropping in new engines in the vehicles to resell them
Regular Andover Planning and Zoning Commission Meeting
• Minutes — February 28, 2006
Page 5
Commissioner Greenwald stated he agreed with that but the vehicle may need tires or a
battery in that would be considered automobile repair. Commissioner Walton wondered
where they could draw the line because every vehicle would need to be prepped in
someway or another that is coming from auction. Plus they are also restricting repair to
new motor vehicle dealers. He did not think this was fair either.
Commissioner Holthus thought m the wording they could put something in that says "no
significant automobile repair shall be allowed on any premises ". This would
communicate that they are not talking about any major engine repairs.
The Commissioner discussed further the definition of automobile repair.
Commissioner Walton stated on page five, it talks about renewal of license, it basically
states the positive and he wondered if they needed to state the negative also. Mr. Bednarz
stated the business is required to get an annual license and the terms of revocation have it
covered both ways.
Commissioner Walton wondered what defined "new auto parts ". Chairperson Daninger
wondered if "refurbished" is considered new. He asked Mr. Bednarz to research this.
• Mr. Bednarz stated they are not concerned with distinguishing between new and
refurbished auto parts. The intent is not to have parts taken from used vehicles and sold.
Commissioner Holthus stated on page six, off street parking requirements were covered
and she wondered where in this formula is the parking for the cars to be sold. Mr.
Bednarz stated they were going to look at each site individually in terms of d eterminin g
how many parking spaces will be needed for the cars for sale.
The Commission continued to discuss Item I. Chairperson Daninger wondered how far
they can go before it is considered a repair. Commissioner Greenwald thought they
should make a list of what type of repair would be allowed.
Chairperson Daninger wondered if the Commission would want to see full repair of
vehicles on the dealer site. The Commission did not Commissioner Greenwald stated
they could restrict automotive repair to the inside of the building.
Commissioner Walton discussed what they talked about at the previous meeting
regarding this. Mr. Bednarz stated he would try to rework the language on this item.
OTHER BUSINESS
• Mr. Bednarz updated the Planning Commission on related items.
Regular Andover Planning and Zoning Commission Meeting
Minutes —February 28, 2006
Page 6
ADJOURNMENT.
Motion by Greenwood, seconded by Casey, to adjourn the meeting at 8:30 p.m. Motion
carried on a 7 -ayes, 0 -nays, 0- absent vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
TimeSaver O}f Site Secretarial, Inc.
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1665 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planned
SUBJECT: PUBLIC HEARING: Rezoning (06 -02) from General Business (GB) to
Multiple Dwelling (M -1) for property located in the northeast quarter of Section
34, Township 32,Range 24, Anoka County, Minnesota.
DATE: March 14, 2006
INTRODUCTION
The Planning Commission is asked to review the proposed rezoning to allow the revised
Parkside at Andover Station plat to move forward.
DISCUSSION
As with all rezonings, in order o change the zoning the City must establish one of the two
following findings are present:
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 available for residential development in Andover Station North has increased. The
location of ponding for the entire development and the design of Jay Street NW create a property
best suited by an extension of the Parkiide at Andover Station plat. An agreement with the
property owner to the south will allow the plat to be extended to the south as well.
Staff Recommendation
Staff recommends the Planning Commission find that times and conditions have changed due to
the way that Andover Station North has developed and the participation of adjacent property.
Attachments
City Code 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.
Re ectfi l sub ' ed,
• o y arz
3
Cc: Greg Schlink, Bruggeman Homes 3564 Rollingview Drive White Bear Lake, MN 55110
L
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 GENERAL BUSINESS (GB) TO MULTIPLE DWELLING
(M -1) FOR PROPERTY LOCATED IN THE NORTHEAST QUARTER OF SECTION 34,
TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA.
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 as
follows:
1) Rezone land from General Business (GB) to Multiple Dwelling (M -1) on approximately
1.6 acres legally described as:
•
That part of Lot 6, Block 1, ANDOVER STATION NORTH, according to the recorded plat
thereof, Anoka County, Minnesota, lying westerly of the following described line: •
Beginning at the most southerly comer of said Lot 6, for the purposes of this description, the
south line of said Lot 6 is assumed to bear North 84 degrees 59 minutes 06 seconds West; thence
North 38 degrees 26 minutes 41 seconds West a distance of 90.00 feet; thence North 08 degrees
37 minutes 40 seconds East a distance of 84.75 feet to an angle point on the northwesterly line of
said Lot 6, distant 276.48 feet northeasterly of the most westerly, northwest corner of said Lot 6,
and there terminating. Subject to easements of record.
The north 103.65 feet of the east 315.50 feet of the northeast quarter of Section 34, Township 32,
Range 24, Anoka County, Minnesota
2) The rezoning is based on the fact that times and conditions have changed due to the way
that Andover Station North has developed and the participation of adjacent property.
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 2006.
CITY OF ANDOVER
ATTEST: Michael R. Gamache, Mayor •
Victoria Volk, City Clerk
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• 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 'i
SUBJECT: Revised Preliminary Plat and Planned Unit Development Review of
Parkside at Andover Station in the northeast quarter of Section 34,
Township 32, Range 24, Anoka County, Minnesota.
DATE: March 14, 2006
C J
INTRODUCTION
The plat is revised to add property to the northeast and southeast of the previously
approved plat as shown in the attached location map. The Planning Commission
reviewed and recommended approval of the previous plat in February of 2005.
Conformance with Local Plans and Ordinances
1. The property is located in the Metropolitan Urban Service Area (MUSA) and
within the current stage of sewer expansion. A previous Comprehensive Plan
Amendment changed the land use designation of the property from General
Business to Urban Residential Medium Density. The proposed density is less
than the six units per acre allowed in this land use district.
2. The property being added to the plat is currently zoned General Business. A
rezoning to M -1, Multiple Dwelling Medium Density will be processed with the
revised preliminary plat.
The proposed project substantially complies with the approved Planned Unit
Development Design Standards. However, an adjustment is necessary as
discussed in the report.
DISCUSSION
The additions to the plat cause some adjustments to the previously approved plat.
At the south end of the project, three previously approved one level buildings have been
replaced by two story buildings, two with eight units and one with four units.
The revision is made possible by the purchase of property from Pov's and resembles
early concept plans of the residential development when cooperation between the
landowners was assumed.
This portion of the plat conforms to the development standards approved with the
original preliminary plat except that the drive lane on the east side of the building at the
southeast corner of the plat is closer than the typically required 20 foot parking setback
from a public right -of -way.
The applicant is requesting that the previously approved Planned Unit Development
standards be modified to allow a 6 foot parking setback for this drive lane. The
remainder of the project will meet the 20 foot parking setback. The applicant has added a •
row of shrubs in the setback area to create visual separation and establish a hedge
between the City trail and association property. The association documents will
acknowledge the City's right to use the right -of -way for snow storage and the association
will need to find other locations for snow storage.
At the north end of the project a four unit building has been added on the property created
by a recent lot split. As previously discussed, the EDA has worked out an agreement to
sell this property to Bruggeman homes. This portion of the plat conforms to the
development standards approved with the original preliminary plat.
Building Architecture
The buildings will conform to the building elevations approved by the Council on March
15, 2005.
Public Streets and Private Driveways
As with the previous approval, there are both public streets and private driveways
between the eight unit buildings. The City will maintain streets within public right -of-
way. The association will be responsible for driveways outside of the public right -of-
way.
Phasing
It should be noted that the project is proposed to be constructed in two phases. The first
phase is east of the units on the east side of proposed Martin Street NW and south of
proposed 140'' Avenue NW. This leaves the units on both sides of proposed Martin
Street NW and north of 140 Avenue NW for the second phase. Due to the fact that
Pulte Homes will be purchasing the project from Bruggeman Homes, the second phase
may also be revised and brought back to the Planning Commission for review.
ACTION REQUESTED
The Planning Commission is asked to recommend approval of the revised preliminary
plat subject to the conditions of the attached resolution.
Attachments
Resolution
Location Map
Preliminary Plat Plan Set
Cc: Greg Schlink, Bruggeman Homes 3564 Rollingview Drive White Bear Lake, MN
55110 0
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CITY OF ANDOVER
COUNTY OF ANOKA
• STATE OF MINNESOTA
RES. NO R
A RESOLUTION AMENDING RESOLUTION R052 -05 TO MODIFY THE
PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT STANDARDS OF
"PARKSIDE AT ANDOVER STATION" LOCATED IN SECTION 34, TOWNSHIP
32, RANGE 24, ANOKA COUNTY, MINNESOTA, DESCRIBED AS IN THE NORTH
HALF OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 32, RANGE
24, ANOKA COUNTY, MINNESOTA, AS SHOWN ON THE ATTACHED
PRELIMINARY PLAT
WHEREAS, the preliminary plat and planned unit development standards were approved
by the City Council on March 15, 2005 for Parkside at Andover Station; and
WHEREAS, Bruggeman Homes has requested approval of a revised preliminary plat and
revised planned unit development standards; and
WHEREAS, the Andover Review Committee has reviewed the revised preliminary plat;
and
. WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission
has conducted a public hearing on said plat; and
WHEREAS, as a result of such public hearing, the Planning Commission has reviewed
the request and determined that Said request meets the criteria of City Code 13 Planned
Unit Development and the intent of the previously approved plat; and
WHEREAS, the Planning Commission recommends to the City Council the approval of
the plat, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the revised preliminary plat and planned unit development review of Parkside at
Andover Station, with the following conditions:
1. The Preliminary Plat shall conform to the plans revised February 22, 2006 and
stamped received on February 24, 2006.
2. Exhibit B shall regulate the lot dimensions, setbacks, area identification sign and
landscaping plan for the proposed development, including the reduced parking
setback for one drive lane.
3. The development shall conform to City Code Titles 11, 12, and 13, as well as
Exhibit B " Parkside at Andover Station Design Standards ". Exhibit B shall
• regulate when in conflict with the City Code.
4. All previous conditions of Resolution R052 -05 not modified by this resolution
shall remain in effect.
5. The developer obtains all necessary permits from the Coon Creek Watershed
District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway
Department and any other agency that may be interested in the site.
6. Park dedication and trail fees shall be paid on a per unit basis at the rate in effect
at the time of preliminary plat approval and subject to increase as provided by
state statute. This payment shall be based on the number of units on the final
plat(s) and shall be made prior to the City's release of the final plat(s).
7. Contingent upon staff review and approval for compliance with City ordinances,
policies and guidelines.
8. Such plat approval is contingent upon a development agreement acceptable to the
City Attorney.
9. A property owners association shall be created with the following documents
provided to the City Attorney for review and approval prior to being recorded
with the final plat in accordance with City Code 11 -2 -3:
a. Articles of Incorporation
b. By -laws of the association
c. Declaration of covenants, conditions and restrictions regulating the
properties, exterior maintenance of the homes and maintenance of the
common areas.
Adopted by the City Council of the City of Andover this — day of , 2006.
CITY OF ANDOVER
ATTEST: .
Victoria Volk, City Clerk Michael R. Gamache, Mayor
•
Parkside at Andover Station Preliminary Plat Resolution
E=BIT B
Amending Resolution R052 -05 and Parkside at Andover Station Design Standards
1. The lot sizes and building setbacks shall conform to the Preliminary Plat drawing
revised February 22, 2006 and stamped received on February 24, 2006.
2. The parking area setback shall be reduced to 6 feet for the drive lane serving the
east side of the building located at the southwest corner of Jay Street and 139'
Avenue NW. All other parking areas within the plat shall meet the parking
requirements of the City Code.
3. The building elevations shall conform to the drawings approved by the City
Council on March 15, 2005. The drawing is dated January 3, 2005 and stamped
received January 3, 2005.
4. The Landscaping Plan shall conform to the plan revised February 22, 2006 and
stamped received on February 24, 2006.
5. The area identification sign shall conform to that approved by the Council on
. March 15, 2005.
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TO: Planning and Zoning Commissioners
FROM: Andy Cross, Associate Planner / -
SUBJECT: PUBLIC HEARING: Residential Sketch Plan for an urban residential
development proposed by Larry Emmerich located near the intersection of Hanson
Boulevard and 161 Avenue NW.
DATE: March 14 2006
INTRODUCTION
The Planning and Zoning Commission is asked to review a residential sketch plan for a single
family urban residential development.
Review Criteria
City Code 11 -2 outlines the requirements for sketch plan review. The Planning Commission is
asked to informally advise the subdivider of the extent to which the plan conforms to the
Comprehensive Plan, design standards of city, county, state and federal agencies and possible
modification necessary to secure approval of the plan. Submission of a sketch plan does not
constitute formal filing of a plat.
DISCUSSION
Conformance with Local and Regional Plans and Ordinances
1. The property is zoned Single Family Rural Residential (R -1). A rezoning to Single
Family Urban Residential (R-4) will be necessary to allow the project to move forward.
2. The Rural Reserve Study determined that 85 lots can be developed on the land between
Hanson Boulevard and the Country Oaks West development. Nearby Birch Pointe
Estates used five lots, three units for adjacent property owner Rick Davis, leaving 77
available sewer connections for this development area.
Lots
This sketch plan proposes 60 lots. There is ghost - platting of an additional 15 urban lots on
adjacent parcels. All lots exceed the R -4 zoning district standards with the exception of one (Lot
11, Block 4), which is short of the minimum lot size. The developer has been made aware of
this.
The sketch plan shows a number of double - frontage lots — lots whose front and rear ends both
face a roadway. The City Code permits double - frontage lots if they are along arterial roadways
such as 161 Avenue and Hanson Boulevard. The Code places additional screening
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
requirements on these lots, however, and the developer will be required to show the additional •
screening on the preliminary plat.
Properties surrounding the sketch plan have been ghost - platted. This shows how road
connections and future lots could possible connect in the future. The ghost - platting shows one
possibility of the future layout, but the final design on these lots is subject to change.
Access
Crane Street is the only access into and out of this development. This dead end exceeds the 300 -
foot length restriction in the City Code. A variance will be required as this project moves
forward to final platting. The sketch plan shows the future remediation of the long dead -end
street with Avocet Street eventually connecting with Hanson Boulevard. The internal street
loops may also help with vehicle trafficking within the development.
The City Code requires a temporary cul -de -sac on stubbed streets that are 210 feet long from the
center point of the nearest intersecting streets. 162 " Avenue appears to be the only street stub
that exceeds 210 feet, so it will require a temporary cul -de -sac.
The Anoka County Highway Department is currently reviewing the sketch plan. Their comments
will be incorporated into the preliminary plat. Improvements will likely be required at the
intersection of Crane Street and 161" Avenue. The developer will be responsible for his
proportionate share of the improvements, as will all other properties that benefit from them.
Coordination with other Agencies
The developer and/or owner is responsible to obtain all necessary permits (Minnesota
Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed
District, Minnesota Pollution Control Agency, LGU and any other agency that may have an
interest in the site). Initial contact shall be made with the City Engineering Department regarding
this item.
Other
The developer will be required to choose a formal name for the development at the time of their
preliminary plat submission. The developer is also required to meet the following City
Ordinances and all other applicable ordinances:
City Code Title 11, Subdivision Regulations
City Code Title 12, Zoning Regulations
City Code Title 13, Planning and Development
City Code Title 14, Flood Control
J
. Staff Recommendation
Modifications to the sketch plan are needed to conform with City requirements as discussed
above. Changes will be reflected on the future preliminary plat submission.
ACTION REQUIRED
The Planning and Zoning Commission is asked to informally advise the applicant on adjustments
to the proposed project to conform with local ordinances and review criteria.
Respectfully submitted,
Andy Cross
Attachments
Location Map
Sketch Plan
Cc: Larry Emmerich, 1341 — 161 s ` Avenue NW, Andover, MN 55304
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T Y O F
• 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Chris Vrchota, Associate Planner
SUBJECT: Variance (06 -01) to consider variance to front yard setback for property
located at 16552 Verdin Street NW.
DATE: March 14, 2006
INTRODUCTION
The applicants are requesting a 20 -foot variance to the front yard setback requirement to
allow for the construction of an attached garage.
DISCUSSION
This lot was created prior to the adoption of the zoning ordinance. As a result, the
County never acquired the standard right -of -way for Verdin Street along this property.
There is a 33 -foot road easement on the east side of the property.
. Section 12 -5 -4 -A of the Andover City Code requires that buildings must be set back a
minimum of 110 feet from the centerline of a county road when less than 120 feet of
right -of -way exists. The existing house, which was built prior to the adoption of the
zoning code, sits 90 feet from the centerline of the road.
The applicants are requesting a 20 -foot variance to City Code 12 -5 -4 -A to allow them to
construct a garage attached to the south side of the existing house. The garage would not
encroach any further into the setback than the existing house does. The garage would
meet all other required setbacks.
Access
The applicant has indicated that the Anoka County Highway Department has approved
their request to relocate the driveway to the south side of the property to provide access to
the proposed garage. Some concern has been raised as to whether the driveway can be
moved south without impacting one of the existing septic drain fields, which is located in
the front yard of the property. A condition has been included that requires the applicant
to demonstrate that a new driveway can be installed without impacting the drain field, or
• that the drain field can be relocated and be in full compliance with all applicable codes.
Required Setback
as er 12 -5 -5 -A
Subject
Prope
Front Yard setback
110 feet
90 feet
Access
The applicant has indicated that the Anoka County Highway Department has approved
their request to relocate the driveway to the south side of the property to provide access to
the proposed garage. Some concern has been raised as to whether the driveway can be
moved south without impacting one of the existing septic drain fields, which is located in
the front yard of the property. A condition has been included that requires the applicant
to demonstrate that a new driveway can be installed without impacting the drain field, or
• that the drain field can be relocated and be in full compliance with all applicable codes.
0
State Statute provides review criteria that are used to determine the merit of variance
cases. In all cases the applicant must demonstrate undue hardship. The considerations for •
undue hardship include:
1. There are circumstances unique to the property that were not created by the
landowner. Unique conditions may include the physical characteristics, including
topography or water conditions that may exist on the property.
2. The property, if the variance is granted, will not be out of character with other
properties in the same neighborhood.
3. The applicant has exhausted all reasonable possibilities for using his/her property
or combining a substandard lot due to size, shape or lot line dimensions, with an
adjacent vacant lot.
4. Economic considerations may not constitute an undue hardship if reasonable use
of the property exists with application of the minimum standards of this chapter.
Findings for this Report
The applicants have provided the attached letter to describe the findings for the proposed
variance.
Staff Recommendation
The applicants have demonstrated that the proposed location is the most suitable location
for the attached garage. Variances are intended to provide relief from hardship with the •
least possible variation from the applicable zoning requirements. The Planning
Commission is asked to recommend approval of the proposed variance if it determines
that the strict interpretation of the code creates an undue hardship and that the findings
can be made to grant the variance.
Attachments
Resolution
Site Plan
Garage Building Plan
Applicant's Letter
Location Map
Half Section Map
ACTION REQUESTED
The Planning Commission is asked to recommend approval or denial of the proposed
variance to the front yard setback.
Res fu ly ubnutted,
hris Vrchota
Cc: James and Kelly Pierson, 16552 Verdin Street NW, Andover, MN 55304 •
Im
L
CITY OF ANDOVER
• COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPROVING THE VARIANCE REQUEST FOR JAMES AND
KELLY PEIRSON TO VARY FROM CITY CODE 12 -5 -4 -A TO REDUCE THE
FRONT YARD SETBACK FROM A COUNTY ROAD TO 90 FEET ON PROPERTY
LOCATED AT 16552 VERDIN STREET NW LEGALLY DESCRIBED AS:
That part of the Southeast Quarter of the Southeast Quarter of Section 9, Township 32,
Range 24, Anoka County, Minnesota, described as follows:
Commencing at the Southeast corner of said Southeast Quarter of the Southeast Quarter;
thence North along the East line of said Southeast Quarter of the Southeast Quarter a
distance of 420 feet to the actual place of beginning described herein; thence continue
North along said East line a distance of 208.7 feet thence West and parallel with the
South line of said Southeast Quarter of the Southeast Quarter, a distance of 450.6 feet;
thence South and parallel with said East line a distance of 208.7 feet; thence East to the
actual place of beginning.
Subject to an easement for public road purposes over the east 33 feet thereof.
WHEREAS, James and Kelly Pierson have petitioned to vary from the requirements of
. City Code 12 -3 -4, and;
WHEREAS, the City Council finds that the special circumstances for the subject property
are as follows:
1. The existing house was built prior to the adoption of the zoning code.
WHEREAS, the City Council finds that the variance will not be detrimental to the health,
safety or welfare of surrounding properties, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
approves the proposed variance request to vary from City Code 12 -5 -4 -A to reduce the
front yard setback along a County road to 90 feet for an attached garage for the subject
property with the following conditions:
1. That the variance shall be subject to a sunset clause whereas if the improvements
are not initiated within twelve (12) months, the variance will be null and void.
2. In the event the home is damaged beyond 50% of its assessed value, the new
house and the attached garage will be required to be reconstructed in conformance
with all applicable building setbacks at that time.
0
3. The applicant shall be required to demonstrate that driveway access can be
provided to the proposed garage without impacting the existing septic drain field,
or that the drain field can be relocated to allow a driveway to be installed. is
Adopted by the City Council of the City of Andover on this _ day of , 2006.
CITY OF ANDOVER
ATTEST:
Victoria Volk,. City Clerk
Michael R. Gamache, Mayor
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February 20,2006
Planning and Zoning Commission
City of Andover
1685 Crosstown Blvd
Andover, Minnesota 55304
Commission Members:
This letter is to offer explanation for a request for a variance. The variance from
code is to build a structure within a setback area
Our home was built in 1971, which is prior to the incorporation of Andover. It has
remained pretty much the same for the last thirty -five years. There have been some
small alterations and it has been kept up structurally and mechanically. When it was
built in 1971 the building codes were probably a little different than they are today. As a
result, our house is on the smallest lot in the area and the structure encroaches the
minimum setback by approximately twenty feet.
All that aside, we would like to make some improvements to the property and feel
that an attached garage is a very necessary addition. Our property is in an area that has
experienced considerable growth. The homes being built in this area are being valued at
$450,000+. We feel that building this addition adds value and brings our home into
closer alignment with the curb appeal of the other neighborhood homes.
The plans for the addition make no further encroachment of the setback than
already exists. We feel that with the position of the house on the property and with our
floor plan, that this is a very logical design for an attached garage. This layout also
seems to make better use of the lot and takes any possible fiiture division of the lot into
consideration.
We would like to thank the Planning and Zoning Commission for taking the time
to consider this project.
Sincerely,
James and Kelly Pierson
16552 Verdin Street NW
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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 Plannej�
SUBJECT: PUBLIC HEARING Ordinance Amendment to consider licensing
requirements and performance standards for vehicle sales.
DATE: March 14, 2006
INTRODUCTION
This item continues the discussion from the February 14 and 28 meetings.
DISCUSSION
At the last meeting, the Planning Commission asked for revisions to the section restricting off
site operations as well as the section prohibiting on site repair. These have been provided in the
attached draft ordinance (shown in bold and double underline).
Background
Used vehicle sales is proposed to be a conditional use in the Industrial Zoning District. One of
the standard conditions will require completion of the Commercial Site Plan (administrative)
. review process to ensure compliance with the City Code. Other reasonable conditions can be
added to the permit based on the particular circumstances of the site and surrounding land uses.
State Statutes
At the February 10 meeting the Commission discussed a variety of items that are regulated by
the State Statutes 168.27 and 6513. These items are shown below. The Driver and Vehicle
Information section of the Department of Public Safety web site (www.dps.state.mn.us) also
provides good information.
Bonding
State Statute 168.27 Subd. 24. Bonds
This statute requires a $50,000 bond written for the benefit of the State and any transferor, seller
or purchaser of a motor vehicle that suffers monetary loss as a result of failure of the dealer to
meet the standards established by the state.
State Statute 168.27 Subd. 25. Preemption of local ordinances.
This subdivision causes the bond described above to supersede and preempt all local bonding
requirements for motor vehicle dealers.
Vehicle Registration
State Statute 168A.11 Purchase of vehicle by dealer describes the procedures for disclosure and
transferring title for dealers. Dealers have an option to transfer the title of an acquired vehicle to
the dealership but are not required to transfer the title until it is sold. However, dealers are
required to notify the state of any vehicle held for resale within 48 hours of acquisition and are
also required to keep records at the business site for at least three years (State Statute 168A.11).
Liability Insurance
Insurance is one of the licensure prerequisites required by the state. This includes minimum •
limits of $30,000 per person, $60,000 per accident, $10,000 property damage, $25,000 per
person / $50,000 per accident under and uninsured motorist liability protection, $20,000 medical
and $20,000 non - medical personal injury.
There was discussion about requiring dealers to name the City as an insured party through their
insurance policy. The City is not liable for the activities of a motor vehicle dealer. The City
requests to be named as an insured for associations where there are shared maintenance
responsibilities, not to protect the City from liability resulting from an individual operator
violating state law or otherwise acting in a negligent manner.
Building Value Relative to Land Value
The Commission was interested in establishing a provision similar to Brooklyn Center similar to
ensure a reasonable investment in a building similar to Brooklyn Center who requires
improvements valued at least 1.5 times the value of the land. The draft ordinance requires the
improvement value to exceed the land value.
The proposed site of a used car sales operation has a land value of $63,000 and improvements
valued at $87,100 (or 1.38 times the land value).
ACTION REQUESTED
The Planning Commission is asked to hold a public hearing to take input on the draft ordinance. •
The Commission is also asked to make a recommendation to the City Council on the draft
ordinance or to direct staff on additional items that need to be addressed.
Attachments
Draft Ordinance
Planning Commission Minutes
Re We Pednaf b 'tted,
Cc: Joe Brabant 16351 Gladiola Lane NW
CITY OF ANDOVER
• COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TO ADD NEW AND USED VEHICLE SALES
AS A CONDITIONAL USE IN THE INDUSTRIAL ZONING DISTRICT AND ESTABLISH
LICENSING REQUIREMENTS AND PERFORMANCE STANDARDS
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
CITY CODE TITLE 12 -13 PERMITTED, CONDITIONAL, AND
PROHIBITED USES ENUMERATED
Permitted, Permitted Accessory,
Conditional, and Prohibited Uses
Zoning Districts
3 -8 -7:
R -1
R -2
R -3
R-4
R -5
M -1
M -2
GR
LB
NB
SC
GB
I
New Vehicle Sales
P
C
Used Vehicle Sales
C
C
CITY CODE TITLE 3 BUSINESS AND LICENSE REGULATIONS
CHAPTER 8
Vehicle Sales Business
3 -8 -1: Purpose and Intent
3 -8 -2: Definitions
3 -8 -3: License Required
3 -8-4: Application for License
3 -8 -5: Review of Application: Issuance or Denial
3 -8 -6:
License Fees and Term: Renewals
3 -8 -7:
Conditions of License
3 -8 -8:
Standards
3 -8 -9:
Violation Provisions
3 -8 -10: Revocation of License
3 -8 -1: PURPOSE AND INTENT: It is the purpose of this chapter to regulate vehicle sales to
establish reasonable and uniform regulations to prevent adverse impacts on the health, safety,
morals and general welfare of the citizens of the city.
3 -8 -2: DEFINITIONS: [No new definitions needed]
3 -8 -3: LICENSE REQUIRED: No person shall engage in the business of selling, trading
advertising the sale of new or used vehicles within the city without first obtaining a license as
provided in this Chanter. For the purposes of this chapter, anyone who, as a part of their
livelihood, engages in the regular sale, trade or exchange of vehicles shall be deemed to be doing
business as a new or used vehicle dealer.
3 -84: APPLICATION FOR LICENSE:
A Information Required• AUperson, partnership or corporation desiring_to secure a
license shall make application to the City Clerk including, the following: ,
1. Completed gy application form
2. Fee as established by City Code.
3. Completed Minnesota Vehicle Dealer License Commercial Location Checklist
3 -8 -5: REVIEW OF APPLICATION: ISSUANCE OR DENIAL: The City Clerk shall submit
the application to the City Council for its consideration. The Council by motion, may grant or
refuse to grant the license after consideration of the application.
3 -8 -6: LICENSE FEES AND TERM: RENEWALS: The fee for every such license shall be
established by resolution of the City Council. Every such license shall expire on December 31
next after it is issued.
3 -8 -7: CONDITIONS OF LICENSE:
A. Transferability: The license shall not be transferable from one person to another, and a
new license must be applied for each time a place of business is changed.
B Posting Every such license shall be kept conspicuously posted in the place for which the
license is issued and shall be exhibited to any person upon Leguest
C Inventory Vehicles allowed to be sold or stored on site shall be limited to passenger
vehicles with a curb weight of less than 10,000 pounds.
D. Restrictions and Conditions: The Council may impose any conditions or restrictions it
deems necessary or advisable in the public interest, including but not limited to the hours
of operation, building materials fencing landscaping screening lighting and signagee
E Review: The Council may review the license at any time for the purpose of adding
additional conditions to mitigate adverse impacts on the health. safety, morals and
general welfare of the citizens of the city.
3 -8 -8• STANDARDS: The following standards are established for all businesses engaged in the
selling t udingor advertising the sale of new or used vehicles within the city:
A. Parking areas shall conform to the requirements of City Code 12 -13 -9. The Site Plan
shall clearly identify parking for customers and parking for display of vehicles for sale.
Parldng shall be prohibited in drive lanes, on landscaped areas and any place other than
approved on the site plan.
B. All businesses engaged in the sales, trade or advertising the sale of new or used vehicles
within the City limits shall conduct these activities only on properties for whicb they
have been granted a license under this chanter, This provision shall not apply to
promotional events and activities conducted outside thecity limits,
C. Vehicles that are visibly damaged shall not be visible from public streets and shall not be
stored outdoors for more than 48 hours.
D. Outdoor storage of vehicle parts or other materials, including but not limited to tires,
scrap metal, glass, pallets and refuse shall be prohibited.
E. Sales of used vehicle parts shall be prohibited.
F. The dismantling or reduction of vehicles shall be prohibited.
G. Simme shall conform to City Code 12 -13 -8 and shall be further restricted as follows:
1. No sign may be posted on vehicles except those required by the State of
Minnesota
2. All signs posted on vehicles shall be inside the vehicle.
3. No sign posted on vehicles shall contain text font or other information that
is larger than three inches in height.
H. The estimated value of improvements to the licensed property shall exceed the estimated
market value of the licensed property as estimated by Anoka County.
L No vehicle repair shall be allowed on any prenuses licensed for used vehicle sales extent
for detailing routine maintenance and minor repair that does not involve the
replacement of multiple engine or body parts. Repair service shall be limited to
vehicles offered for sale.
3 -8 -9: VIOLATION PROVISIONS: Any person who shall violate My Rg tion of this chapter
shall be Nulty of a misdemeanor.
3 -8 -10: REVOCATION OF LICENSE: Every such license may be revoked by the Council after
the license has been given reasonable notice and an opportunity to be heard for the violation of
any provision of this chapter or for the violation of any conditions or restrictions in the motion
granting the license or M motion thereafter passed by the Council.
CITY CODE 12 -12 -09 OFF STREET PARKING REQUIREMENTS:
H. Number Of Spaces Required: The following minimum number of off street parking stalls
shall be provided and maintained by ownership for the respective uses hereinafter set forth:
New and Used Vehicle Sales Employee Parking: 3 stalls plus 1 stall per 400 square feet
of gross floor area (GFA) beyond the first 1,000 GFA
Customer Parking: 5 stalls plus 5 stalls per acre above the
first acre.
Adopted by the City Council of the City of Andover on this day of , 2006.
0 ATTEST:
CITY OF ANDOVER
Michael R. Gamache, Mayor
Vicki Volk, City Clerk
Courtney Bednarz
From:
Sent:
To:
Subject:
ejkohnke@cedar-rapids.net
Friday, March 03, 2006 6:12 PM
Courtney Bednarz
Automobile Sales
L J
Mr, Bednarz,
I apologize ahead of time if you feel this email it out of
planning commsion discussion concerning auto mobile sales.
should not allow major rebuilding of cars in that type of
with the member that believes the restriction is too much,
the dealer would need to make minor repairs to the vehicle
required to tow the vehicle out to make those repairs.
line. I was just watching the
I agree that the city
establishment. I also agree
there will be a time when
and should not be
I would like to make the following suggestion for verbage. The city could state
something like:
"No work shall be performed on any vehicle that is over XX amount of hours as
defined in the automobile dealership time charge guide for that vehicle" The
dealerships use these guides to determine how much to charge us for repairs. An oil
change maybe .5 hours while a headgasket repair may be 16 hours. You could
require the establishment to have these at the facility.
I realize there may be an enforcement issue but it should be obvious to anyone what
type of work is being done. If the engine is out and the commision agrees on 4
hours, that is a violation.
Good Luck and thanks for your time.
Eric Kohnke
921 158th Ave NW
Andover, MN 55304
763.413.4950
9
0
1
Regular Andover Planning and Zoning Commission Meeting
Minutes — February 28, 2006
Page 4
Commissioner Walton wondered if it should state "trailer signs shall be restricted to
commercial property only."
Commissioner Greenwald stated he was concerned by the roofline aspect of the building
in regards to where signage could be installed. Mr. Vrchota stated the intention is that it
does not extend above the roof line. There is also the twenty -five foot height limit for
signs.
B. Automobile Sales Performance Standards
Mr. Bednarz stated at the previous meeting the Planning Commission expressed specific
items they wanted the performance standards to address.
Chairperson asked the Commission if they were comfortable with 10,000 lbs for weight.
The Commission concurred.
Commissioner King asked on the first page, they make reference to State Statute 168.27,
dealing with bonding. One of the things they talked about was they did not want to get
into a situation of dismantling vehicles and putting them back together, Statute 168.27
states both of these items. Mr. Bednarz stated the proposed local standards do not allow
dismantling onsite.
Commissioner Kirchoff stated they discussed there would be no automobile repairs on a
used car lot unless they possess a new dealer license and he wondered if there was new
criteria for a new dealer versus a used dealer. Mr. Bednarz stated there is not
Commissioner Greenwood wondered if this is practical because he thought used dealers
might buy vehicles from auction and may need to fix them up to sell them. Mr. Bednarz
stated this is an issue of contention with the operation that wants to do business in
Andover and they feel that this is an unfair restriction because it would discriminate
against used car dealers. Staff does not want vehicles brought in and major repairs
completed before it can be sold on the same site.
Commissioner Greenwald thought this put a big restriction on the used car business.
Commissioner Kirchoff thought it did not because they could repair the vehicles at
another place. Commissioner Greenwald thought that was too restrictive and he had an
issue with that. He thought minor repairs would be ok and they could include wording in
the code indicating what type of repairs could be done on site. Chairperson Daninger
thought the Commission discussed this in detail at the last meeting and were in
concurrence with what was written. Commissioner Greenwald indicated he was
vehemently against this because they are forcing the business to have a location outside
of Andover to do their business.
Mr. Bednarz stated the intent was not to stop people from detailing vehicles; the intent
was to stop them from dropping in new engines in the vehicles to resell them.
Regular Andover Planning and Zoning Commission Meeting
Minutes — February 28, 2006
Page 5
Commissioner Greenwald stated he agreed with that but the vehicle may need tires or a
battery in that would be considered automobile repair. Commissioner Walton wondered
where they could draw the line because every vehicle would need to be prepped in
someway or another that is coming from auction. Plus they are also restricting repair to
new motor vehicle dealers. He did not think this was fair either.
Commissioner Holthus thought in the wording they could put something in that says "no
significant automobile repair shall be allowed on any premises ". This would
communicate that they are not talking about any major engine repairs.
The Commissioner discussed further the definition of automobile repair.
Commissioner Walton stated on page five, it talks about renewal of license, it basically
states the positive and he wondered if they needed to state the negative also. Mr. Bednarz
stated the business is required to get an annual license and the terms of revocation have it
covered both ways.
Commissioner Walton wondered what defined "new auto parts ". Chairperson Daninger
wondered if "refurbished" is considered new. He asked Mr. Bednarz to research this.
Mr. Bednarz stated they are not concerned with distinguishing between new and
refurbished auto parts. The intent is not to have parts taken from used vehicles and sold.
Commissioner Holthus stated on page six, off street parking requirements were covered
and she wondered where in this formula is the parking for the cars to be sold. Mr.
Bednarz stated they were going to look at each site individually in terms of dete
how many parking spaces will be needed for the cars for sale.
The Commission continued to discuss Item I. Chairperson Daninger wondered how far
they can go before it is considered a repair. Commissioner Greenwald thought they
should make a list of what type of repair would be allowed.
Chairperson Daninger wondered if the Commission would want to see full repair of
vehicles on the dealer site. The Commission did not. Commissioner Greenwald stated
they could restrict automotive repair to the inside of the building.
Commissioner Walton discussed what they talked about at the previous meeting
regarding this. Mr. Bednarz stated he would try to rework the language on this item.
OTHER BUSINESS.
Mr. Bednarz updated the Planning Commission on related items.
0
I
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Chris Vrchota, Associate Planner ,(-
SUBJECT: Public Hearing: Sign Ordinance Amendment to consider revisions to City
Code 12 -13 -8.
DATE: March 14, 2006
INTRODUCTION
This item continues the discussion from the February 28 meeting.
DISCUSSION
Last meeting, the Planning Commission reviewed the proposed revisions to the sign code. These
changes are intended to update and modernize the sign code, which has remained largely
unchanged since it was adopted in the 1970s. Staff has made a few additional changes, based on
feedback from the February 28 meeting.
Attachments
Ordinance
Planning Commission Minutes
ACTION REQUESTED
The Planning Commission is asked to hold a public hearing on the proposed changes to the sign
code. The Commission is also asked to make a recommendation to the City Council on the
proposed changes.
Respe ly S bmitted,
C s Vrchota
0
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE SECTIONS 12 -2 -2 AND 12 -14 -8 IN
RELATION TO SIGNS
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
12 -2 -2:
Lighting Diffused Lighting that is filtered or dispersed so as to be
reduced in intensity.
SIGN: A name, identification, description, display,
structure, illustration, or device which is affixed,
painted, or represented either directly or indirectly
upon a building or other surface which directs
attention to an object, product, place, activity, •
person, institution, organization or business.
SIGN, ABANDONED: A sign which no longer correctly advertises a bona
fide business, lessor, owner, product or activity
conducted, or product available on the premises
where the sign is displayed, or elsewhere.
SIGN AREA: The area within the frame shall be used to calculate
the square footage; except, that the width of a frame
exceeding twelve inches (12 ") shall constitute
advertising space, or should such letters or graphics
be mounted directly on a wall or fascia or in such a
way as to be without a frame, the dimensions for
calculating the square footage shall be the area
extending six inches (6 ") beyond the periphery
formed around such letters or graphics in a plane
bounded by straight lines connecting the outermost
points thereof, and each surface utilized to display a
message or to attract attention shall be measured as
a separate sign.
SIGN STRUCTURE: The supports, upright, braces and framework of the
sign.
—4-
0 SIGN STYLES:
Sian Audible Any sign constructed to produce or emit sound.
This shall not include order boards used in
conjunction with a drive -thru window.
Sign, Bench: A sign which is affixed to a bench at not to
include memorial dedications in park areas.
Sign Billboard: A permanent sign or sign structure with a
changeable face used to advertise products,
goods or services that are not sold, offered, or
otherwise related to activities conducted on the
premises on which the sign is located.
Sign, Combination: A sign incorporating any a combination of the features
of freestanding and wall OFOund,
signs.
seUFce:
Sign, Flashing: An illuminated sign on which the artificial light is not
maintained stationary and /or constant in intensity and
color.
Sign, Freestanding: A sign which is supported by one or more uprights,
poles or braces in or upon the ground, other than a
combination sign. This shall include ground
monument style signs.
Sign, Illuminated: Any sign which has characters, letters, figures,
designs or outlines illuminated by electric lights or
tubes.
RPM
Sign, Multi- faced: A sign with two (2) or more exposed faces, not to
Sign, Multi- faced: A sign with two (2) or more exposed faces, not to
exceed the square footage allowed for a single face
sign.
Sign, Reader Board: A sign which has a reader board where copy
changes.
Sign, Roof: A sign erected upon the roof deck or above a- Feefef
the parapet of a building.
Sign, Wall: A sign attached to or erected against the wall of a
building, with the exposed face of the sign in a plane
parallel to the plane of said wall.
SIGN TYPES:
ON
Sign, Area
Identification: A freestanding sign which identifies the name of a
neighborhood, a residential subdivision, a multiple
residential complex consisting of three (3) or more
structures, a shopping center or area, an industrial
area, an office complex consisting of three (3) or more
structures, or any combination of the above, could be
termed an area.
Sign, Ballfield
Advertising: A sign that is attached to the outfield wall or fence of a baseball
field and advertises a business, good, or product that is not sold or offered on the
premises.
Sign, Business Or
Industrial Identification: in a busiRess OF iRdUStF i 6tF i rA, A sign which
states the name, address, or both, of the
businesses, industFy or occupants of the a lot „eF is
_Z /�
:
g ` W
Sign, Reader Board: A sign which has a reader board where copy
changes.
Sign, Roof: A sign erected upon the roof deck or above a- Feefef
the parapet of a building.
Sign, Wall: A sign attached to or erected against the wall of a
building, with the exposed face of the sign in a plane
parallel to the plane of said wall.
SIGN TYPES:
ON
Sign, Area
Identification: A freestanding sign which identifies the name of a
neighborhood, a residential subdivision, a multiple
residential complex consisting of three (3) or more
structures, a shopping center or area, an industrial
area, an office complex consisting of three (3) or more
structures, or any combination of the above, could be
termed an area.
Sign, Ballfield
Advertising: A sign that is attached to the outfield wall or fence of a baseball
field and advertises a business, good, or product that is not sold or offered on the
premises.
Sign, Business Or
Industrial Identification: in a busiRess OF iRdUStF i 6tF i rA, A sign which
states the name, address, or both, of the
businesses, industFy or occupants of the a lot „eF is
_Z /�
40 businesses ef eeeupaRtB.
Sign, Governmental: A sign which is erected by a governmental unit or
public utility for the purpose of public information,
warning or directing traffic.
Sign, Institutional: A sign and /or reader board which identifies the name
and other characteristics of an institutional use
located within designated zoning districts and allowed
by the this title. "Institutional signs" shall contain no
advertisement. (Examples: churches, schools,
sanitariums, hospitals, government buildings and
nursing homes).
Sign, Real Estate: A sign offering property (land and /or buildings) for
sale, lease or rent.
Sign, Residential
Identification: In a r°c°c'entnal distF: =*_, A sign identifying a resident
(including address and profession, occupation or
home occupation), school, church, or other non -
business use.
Sign, Temporary: Any sign net exGeedi ten (1 Q) square feet placed in
such a manner as not to be solidly affixed to any
building, structure, or land_ a d aaTanising ar eve t
sas as a bazaar, speGial s- ie, speFting eveRt e
sT r
-'1 k 4' in 4 hewever shall G Gh
,
(12) men th peried.
SIGN, UNSIGHTLY: A condition where a sign has deteriorated to the point
that one -fourth (1/4) or more of the surface of the
name, identification, description or other symbol is no
longer clearly recognizable to the human eye at a
distance of forty feet (40'). In the case of painted
signs, "unsightly" shall mean that the paint is peeling
away from the structure surface or is faded so that it
is not recognizable to the human eye at a distance of
forty feet (40').
•
CHAPTER 16
SIGNS is
SECTION:
12 -16 -1:
Purpose
12 -16 -2:
Scope
12 -16 -3:
Permit Required
12 -16-4:
Exemptions
12 -16 -6:
Sians Prohibited in All Districts
12 -16 -6:
Real Estate Signs
12 -16 -7:
Performance Standards
12 -16 -8•
Permitted Signs and Standards by Zoning Dis trict
12 -16 -9•
Signs Allowed by Conditional Use Permit
12- 16 -10•
Temporary and Promotional Signs
12- 16 -11:
Inspections
12 -16 -1: Purposw The purpose of this section is to allow effective
signaae appropriate to the planned character of each zoning dist and
to provide minimum standards for the safeguard of life, health, safety, property
and public welfare by regulating and controlling the design, quality of materials,
construction, type, size, location, elestFi#isatien and maintenance of all signs
and sign structures not located within a building.
12 -16 -2: Scope: No signs shall heFeafteF be eFeGted, Fe eFeGted,
The sign regulations set forth in this chapter shall apply to all str uctures
and all land uses except as otherwise provided in this chapter. A ll signs
allowed by this chapter shall be limited to on- premise signs, excep where
otherwise specifically noted.
12 -16 -3: Permit Required l=ee: A permit is required for the installation of
any sign in the City except for those exempted in section 12 -16-4 A permit
application shall be submitted and a set fee established by the City Council
shall be paid before a permit is issued. except There shall be no fee for
governmental units or nonprofit organizations.
12 -16-4: Exemptions: The following signs shall not require a sign
permit provided that the -general sign regulations established in th code
' See subsection 1 -7 -31-1 of this code.
n
-f,
40 are met:
A. Election Signs: Election signs are permitted is on any private property.
Such signs may be placed displayed from August 1 until ten (10) days
after the general election.
B. Temporary Governmental Signs: All temporary governmental signs used
to control traffic during road or utility construction activities and provide
information or warning to the public.
C. Private Traffic Circulation Signs: Private traffic circulation signs in parking
lots, and pedestrian circulation signs, and traffic warning signs in alleys or
other hazardous situations may be are permitted, provided:
1. Suoh Individual signs do not exceed three (3) square feet.
2. The minimum number necessary for purposes intended is utilized.
3. Such signs are utilized exclusively for purposes intended and permitted.
(Amended Ord. 8,10-21-1970)
D. Normal sign alteration and maintenance shall not require a sign permit,
including:
1. The changing of advertising the copy or message on a reader board
sign , or changing a
message on theater marquees.
2. Maintenance, painting, repainting or cleaning of a sign unless a
structural change is made.
12 -16 -5: : Signs Prohibited_ in All Districts:
The following signs n;ay shall not be erected within the city:
A. No sign may be eFeGted Any sign that, by reason of position, shape,
movement or color, interferes with the proper functioning of a traffic sign
or signal or which otherwise constitutes a traffic hazard.
B. There shall be no flashing sign or revolving sign in the front setback area
within one hundred twenty five feet (125') of a street intersection (as
measured from intersecting right of way lines) or within one hundred
twenty five feet (125') of a residential district, except where lighting feF
such sign is iRdiFeet eF diffused and in no way constitutes a traffic hazard.
• C. Signs shall Rot painted directly on a stone, fence, or on the outside
—7—
wall of building or any sign affixed to a feRse, tree, suns, or utility pole.
or etheF similar- ebjeGts on any distdGt-
D. Roof signs roof advertising symbols, roof logos, roof statues, or
roof sculptures. No sign shall extend above the roofline.
E. Signs may Ret b e perm i tte d within the public right of way or easements,
except as authorized by the governing body_ 6iRd9F subseGtOGR G! G(3) Of
#4s-seet .
F. Ne- sign - shall Signs that use red, yellow, or green lights that, by position
or color or in any other manner, tends to cause confusion in the proper
reading of traffic signs or signals.
G. Audible signs.
H. Billboard signs.
I. Any sign which contains information, whether written or graphic,
that is obscene in nature.
J. All signs not expressly permitted or exempted under this chapter.
12 -16 -6• Real Estate Signs: Signs advertising the availability of
property for sale lease or rent shall be allowed in all districts, subject to
the following provisions:
A. All real estate signs shall be subiect to the provisions of this chapter,
except herein provided.
B. All signs shall be removed within seven (7) days after the completion
of the advertised sale or lease.
C. Signs advertising new residential or commercial developments are
permitted, provided that:
1. Such signs do not exceed thirty -two (32) square feet in size.
2. There shall be no more than one such sign per street frontage of
the development.
D. Signs offering individual properties either land and/or buildings, for
sale lease or rent shall be limited to six square feet in size. One
r�
•
12 -16 -7: Mifl+FFIUaa Sign Performance Standards:
A. Construction Requirements; : All signs shall be in
aeeefdanGe compliance with applicable provisions of the state Andover
Building Code. A l l s i gns n o t i n nenfei;Fnihy with the nrevie.ie Rs of this titl
ehell hp r d with vied of We yeaF. fellewing en.�ntmen4
yr 11 - .�c w
nrcv .rn Riv Ivll rr 11 c............. ...
Every person engaged in the business of erecting advertising and
business signs in the city is required to have a valid contractors
license issued by the Building Department.
B. Maintenance And Repair: All signs shall be maintained so as not to be
unsightly to adjoining -areas or create hazards to the public health, safety
or general welfare. All signs, together with their supports, braces, guys
and anchors, shall be kept in good repair and in a proper state of
preservation. The display surfaces of all signs shall be kept neatly painted
or posted at all times. The city may order the removal of any sign that is
not properly maintained.
C. Obsolete Signs: Any sign that no longer advertises or identifies a
bona fide business conducted or product sold on the premises shall
he re isftri by thn nrnnnrty ^owner nrifhin thirfv VAM rinve nffpr wri fal
frames that no longer contain signage must be removed by the
Property owner within six (6) months after written notification from
the Zoning Administrator.
D. Size and Placement Standards:
1. Ali Illuminated signs located within fifty feet (50') of a residential district
lot line shall be diffused or indirect so as not to reflect direct Pays of light
into adjacent residences.
2. In all districts, any portion of any sign exceeding four (4) square feet
shall be set back a minimum of ten feet (10') from any street right of way
line and five feet (5') from any residentially zoned property line. 49%
......... ..... . ..... .,.........1 .... J' ............ .......... . ... ....-, r • - - • - -- -'.-• • - --- - --
height is r.et ever five feet (5!)
3. Projection: Signs may project a maximum 2 feet into a required
building setback area.
0 4. Automobile service stations may erect one pylon or pedestal sign not
.7 -- _
to exceed twenty five feet (25') in height in a setback area, provided no
part of any such sign shall be closer to the side lot lines than the required •
side yard setback, nor within five feet (5') of the rear lot line or any street
right of way.
S. Multi -faced signs n ;,N, shall be permitted, with the maximum square
footage on each side. Multi -faced signs shall not exceed two (2) times the
area of single faced signs.
6. Signs shall be permitted on vacant lots shall be limited to real estate
signs. on arrgFdai;Ge these- m—dations
7. All corner and through double frontage lots shall be considered as
Waving two (2) front lot lines for application of regulations pertaining to
signs.
E. Area Identification Signs: Area identification signs, including off site
signs shall be permitted in all districts subject to the provisions of
this chapter and with the following conditions:
1. The sign shall not be separated from the area or project it
identifies by an arterial roadway.
2. The sign shall not be included in the total sianage permitted for
the property on which it is located.
3. The owner of the property where the sign is to be placed shall
give written permission for the sign to be placed on their
p rope rty.
12 -16-8: Permitted Signs and Standards in Spesifrs by Zoning
Districts: Signs shall be permitted by zoning district in accordance with the
following minimum standards:
A. Residential Districts:
1.Type: Residential identification, area identification, institutional,
temporary, any sign exempted in section 12 -16-4
a. Portable trailer based temporary signs shall only be
allowed for governmental or institutional uses.
2. Style: Combination, freestanding, pedestal, wall.
3. Number: One per lot frontage.
0
1d —
• 4. Height: Not over ten feet (10') above grade except as otherwise
provided herein.
5. Illumination: Indirect or diffused lighting of signs is permitted,, subjest to
6. Size:
a. Residential identification and temporary, as follows:
Maximum
Parcel (Land) Size Square Feet
Per Dwellinn
On.parcels less than 5 acres 4
On parcels of 5 acres but less 16*
than 20
On parcels of 20 acres or 20*
greater
*Signs greater than four (4) square feet on parcels of land five
(5) acres or more in size shall only identify agricultural related
uses.
b. NGRF86 ;;nd Institutional Signs: Institutional sians up to
thirty -two (32) square feet shall be permitted. T h i Ft y two (32
Sixty -four (64)
square feet of signage is permitted for multiple frontage lots.
c Area Identification Signs- One freestanding sign shall be
allowed at each street entrance to a subdivision AFea
identifiGatign signs Fnay be allowed, provided:
(1) The area for development is larger than five (5) acres;
(2) All signs shall be identified on the preliminary plat.
(3) The maximum square footage of the sign is thirty-two (32)
square feet ��a
(4) The sign is located ten feet (10') from any property line.
(2) Real estate signs, as fe!!Gws* six (6) 6quaFe feet f9F real
•
B. General Recreation ( GRI And Limited Business ( LBI Districts:
1. Type: Business identification, institutional, area identification
temporary, any sign exempted in section 12 -16 -4
2. Style: Combination, freestanding, illuminated pedestal, reed wall.
3. Height: "Ne FneFe tha two feet (2') ^~ ^ "° No taller than the highest
outside wall of building, or twenty -five feet (25'), whichever is less.
4. PmjeGtien. signs Fnay PFGjegt Me feet ,
111 - fi 111 4 d b u t neR fla sh*-- . nn c.i^ne. n °gym Mee
.7 r
6- 4. Size:
a. The aggregate square footage of sign space per lot shall not
exceed the sum of two (2) square feet per front foot of building.
b. No single sign shall exceed two hundred (200) square feet.
c. No individual business signs shall be se arranged so as to create
aR one integrated sign haiviRg -eyer that exceeds two hundred
(200) square feet in size.
C. Shopping Center ( SCI And Neighborhood Business ( NBI Districts:
1. Type: Business identification, area identification institutional,
temporary, any sign exempted in section 12 -16-4
2. Style: Combination, flashing. freestanding, illuminated, pedestal ree€,
wall.
3. Size:
a. The aggregate square footage of sign space per lot shall not
exceed the sum of three (3) square feet per front foot of building.
—12--
b. No single sign shall exceed one hundred (100) square feet
except area identification
signs, which shall not exceed three hundred (300) square feet.
4. Height: No taller than the highest outside
wall or parapet or twenty five feet (25'), whichever is less.
D. General Business (GBZ Districts:
1. Type: AdYeFtisiRg, Business identification, area identification,
institutional, temporary, any sign exempted in section 12 -164.
2. Style: Combination, flashing, freestanding, illuminated, ped°°•"'�r;
wall.
i 3. Size:
a. The aggregate square footage of sign space per lot shall not
exceed the sum of four (4) square feet per front foot of building.
b. No sign shall exceed two hundred fifty (250) square feet.
4. Height: No sign shall be more than twenty five feet (25') above
grade.
E. Industrial (11 Districts:
• 1. Type: dveFtising, Business identification, area identification.
— IS —
temporary, any sign exempted in section 12 -16-4 0
2. Style: Combination, flashing, freestanding, illuminated, pedestal, fee€
wall.
3. Size:
a. The aggregate square footage of sign space per lot shall not
exceed the sum of four (4) square feet per front foot of building.
b. No sign shall exceed three hundred (300) square feet.
4. Height: No sign shall be more than twenty -five feet (25') above grade.
Fj
12 -16 -9: Signs Allowed By Conditional Use Permit:
Permitted Signs: The following signs shall be allowed by conditional use permit
GPjY:
1. Marquees of any type, with or without signs.
2. Signs on benches (not in city parks), newsstands, cabstand signs, bus
stop shelters and similar places.
be allowed, pi:Wded;
any F9sideR#akAFuGtufe-.
3. Real estate signs over thirty -two (32) square feet per lot frontage and
exceeding other sign area limits in business and industrial areas.
•
OWN
G. T�aximum s footage of the 'gR is +h tw
squaF^ feet .R R-reR_
4. Institutional signs in residential districts with an aggregate square
footage exceeding thirty two (32) square feet and /or more than one sign
per lot frontage, provided:
a. The sign is located ten feet (10') from any property line.
b. The aggregate square footage of sign space shall not exceed
one hundred (100) square feet.
c. The sign shall be of the following styles: combination,
freestanding, ped Fee or wall.
e: d. The sign shall be located at least one hundred thirty feet
(130') from any residential structure.
• 5 Off site area identification signs for shopping centers over 10.000
/SS-
square feet in the GB zoning district within the following con ditions:
a The sign shall be located within 500 feet of the shopp
center.
b The sign shall not be separated from the shopping cente
by an arterial street.
c The sign shall be subiect to all applicable size, height,
setback and construction standards.
d The sign shall not be included in the total signage
Permitted for the property on which it is located.
e The owner of the property where the sign is to be place
shall give written permission for the sign to be placed on th eir
p rope rty.
6.
Ballfield advertising signs that are not
feG
visible from adjacent residential property as viewed from ground level.
l6—
pnr�&IIk�
d�rW
l6—
12-16-10 I 1 I Temporary and Promotional Signs:
`
U P ,,Fmot. The following signs are allewed permitted, subject
to the provisions of this chapter:
1. C I C + + S • R estat (f9F Fent ale OF l ease) s i g ns h I "
.
A. Temporary Signs: Temporary signs shall be permitted in any district in any yard
area; except, that:
1. Such sign shall not be within ten feet (10') of any street right of way or
within five feet (5') of any other lot line.
2. There shall be no more than tree (3) one 1 such signs per business.
on
3. The total area of such signs shall not exceed thirty two (32) square
feet. Non - institutional signs in residential districts shall be limited
in size as outlined in section 12- 16 -7 -A -6 of this code.
4. A maximum of 30 days of temporary signage is permitted per
business per year.
B. Promotional Signs: The City Administrator or designee may approve signs
or other devices that do not comply with the standards of this title when
they are found to be in conformance with the public health, safety, and
welfare. the ^UF^^°° ..f ,.,hiGh ;° ...h „ Such signs or devices are may be
used to attract attention d F ° t , and paFt of tempeFaFy gut
special p romotional events (grand openings, carnivals, craft shows, flea
markets and other similar events). Such events shall not exceed ten (10)
calendar days per year. Examples of the signage and devices that may be
approved in this manner are spotlights, skytrackers, balloons, peFtable
signage, and similar devices w- n h signage and deviees "° f
�- (Amended Ord.
8, 10 -21 -1970; amd. 2003 Code)
40
' See subsection 1 -7 -3A of this code.
.�l�r
C. Temporary Real Estate Signs- The City Administrator or designee
may approve temporary , off -site real estate signs.
12- 16 -11: Inspections: Upon proper presentation of credentials, the
Building Official or his duty authorized representatives may enter at reasonable
times any building, land or structure in the city to inspect or re- inspect any signs.
(Amended Ord. 8, 10 -21 -1970)
Adopted by the City Council of the City of Andover this , day of , 2006.
CITY OF ANDOVER
Attest:
Victoria Volk — City Clerk
Michael R. Gamache — Mayor
•
0
MIM K - -
-
12- 16 -11: Inspections: Upon proper presentation of credentials, the
Building Official or his duty authorized representatives may enter at reasonable
times any building, land or structure in the city to inspect or re- inspect any signs.
(Amended Ord. 8, 10 -21 -1970)
Adopted by the City Council of the City of Andover this , day of , 2006.
CITY OF ANDOVER
Attest:
Victoria Volk — City Clerk
Michael R. Gamache — Mayor
•
0
0
PLANNING AND ZONING COMMISSIONMEETING — FEBRUARY28 2006
The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on February 28, 2006, 7:00 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Rex
Greenwald, Michael Casey, Valerie Holthus, Devon
Walton (arrived at 7:06 p.m.) and Michael King.
Commissioners absent: There were none.
Also present: City Planner, Courtney Bednarz
Associate Planner, Andy Cross
Associate Planner, Chris Vrchota
Others
0
APPROVAL OF MINUTES.
February 14, 2006
Commissioner Kirchoff indicated on page 5, the name of the bus company should be
" Grande American Bus Company" instead of "G+eat-American Bus Company ".
Motion by Casey, seconded by Holthus, to approve the minutes as presented. Motion
carried on a 5 -ayes, 0 -nays, 1 present (Greenwald), 1- absent (Walton) vote.
WORK SESSION:
A. Sign Code
Mr. Vrchota stated as part of the ongoing project to update the Zoning Code, staff has
begun the process of updating the sign code. The goal of these changes is to modernize
the code, which has remained largely unchanged since the 1970's, to clarify unclear or
contradictory sections, and to establish a more defined set of performance standards.
•
/9-
Regular Andover Planning and Zoning Commission Meeting
Minutes —February 28, 2006
Page 2
Commissioner Walton arrived at 7:06 p.m. •
Commissioner Kirchoff stated he wanted to clarify what it states on page 10; there is a
table at the top referring to parcels and square feet per dwelling. He stated there is an
asterisk and he was not sure what it applies to but it mentions "signs greater than four
square feet on parcels of land five acres or more in size shall only identify agricultural
related uses." He wondered if this meant that any parcel over five acres in size has to
identify agricultural uses only. Mr. Vrchota stated they do in a residential district.
Commissioner King stated one area talks about the temporary signs in the old standard it
limited it to thirty days out of a twelve month period, now they are taking any limitation
out completely. Now it is saying a temporary sign may be placed in such a manner as not
to be solidly affixed to any building structure or land. There is no time period for a
temporary sign, so why is it considered temporary. Mr. Vrchota stated they put the time
limit in the section dealing with temporary signs.
Commissioner King stated on page seven under prohibited in all districts, audible signs,
does that also make reference to real estate signs that have phone numbers on them for
people to call. Chairperson Daninger thought this was considered inward audible and the
code is indicating outward audible.
Commissioner Holthus wondered if it was possible to have a chart or graph indicating
what was allowed in each of the districts. Mr. Vrchota stated they did look at that and the
problem they found is that there are so many different caveats per zoning district that it
ended up having a whole bunch of sub sections and was not as functional as a table
should be.
Commissioner Greenwald wondered if roof signs were something that came from the
Council. Mr. Vrchota stated in working on updating this, they looked at other cities to
see what they had done on their recent sign updates and there was a trend towards
limiting roof signs. Commissioner Greenwald did not think they could completely
disallow roof signs because sometimes there might be somewhere they would want to use
them. He thought there should be something listed under Promotional Signs, Item A.
Commissioner Greenwald wondered what the limit of time was that someone could put a
real estate sign for open houses, etc on comers. Mr. Vrchota stated real estate signs are
covered under 12- 16 -4a, on page 6. Number 5 indicates signs have to be removed within
seven days after the completion of the advertised sale or lease. Commissioner Walton
did not think that section dealt with temporary real estate signage. He thought it dealt
with lot signs or a regular post hanging for sale sign in a yard.
The Commission discussed temporary real estate signage.
Commissioner Walton stated the temporary real estate signage seemed troublesome to
him. He thought the different types of real estate signs needed to be individually defined. •
— 7-d"—
Regular Andover Planning and Zoning Commission Meeting
Minutes —February 28, 2006
Page 3
• He thought real estate signage should be covered as an entirely different entity.
Commissioner Greenwald agreed.
Commissioner Walton stated he noticed on page one, bench sign, it comments briefly
about a sign attached to a bench not to include memorial dedications in park areas yet as
a signage type, they do not cover memorial dedications that he saw and he wondered if
they could or should establish memorial dedications, albeit plaques or other types of
signage as a separate signing definition.
Chairperson Daninger wondered if Andover had any billboards in the City. Mr. Vrchota
stated they did not. Chairperson Daninger wondered about the calendar year for sign
permits. He wondered what happens to the people who apply for a sign at the end of the
year. Mr. Vrchota stated they would have a permit for the time they apply for it until the
end of the year and then they would have to apply again at the beginning of the year.
Chairperson Daninger stated they have not addressed any signs within the roadway. Mr.
Vrchota stated private signs are not allowed on public right -of -way, they need to be on
private property.
Commissioner King wondered why they are excluding trailer signs as real estate signs.
Mr. Vrchota stated most businesses use trailer signs for their advertising but are not
appropriate for a residential area.
Commissioner Walton stated if they are gong to allow it for a block based business,
which real estate businesses do operate out of, in terms of taking away a promotional
opportunity from a real estate business, he thought this was too restrictive. Mr. Vrchota
indicated they were not saying that a real estate agent with an office in a commercial area
could not use it; they are saying those are not appropriate in a residential area.
Commissioner Walton thought that may be the one restrictive comment to add to the
verbiage. He thought the wording should include "populated residential area" in the
revision.
Commissioner Walton thought they should allow the trailer signs in new developments
where there are few if no houses built yet.
Chairperson Daninger asked the Commission if in a development area, they would like to
see a trailer sign in there. Commissioner King stated he believed it should be allowed.
Commissioner Greenwald stated it would be too difficult to monitor and he did not think
a trailer sign would work. Commissioner Holthus thought it would be too hard to keep
track of in a residential area. Commissioner Casey thought once the development starts,
if there are not houses there, he could see that use but once the residences are constructed,
he thought it would take away from the neighborhood. Chairperson Daninger indicated
he would not like it either.
0
—.2!1_,
Regular Andover Planning and Zoning Commission Meeting
Minutes — February 28, 2006
Page 4
Commissioner Walton wondered if it should state "trailer signs shall be restricted to •
commercial property only."
Commissioner Greenwald stated he was concerned by the roofline aspect of the building
in regards to where signage could be installed. Mr. Vrchota stated the intention is that it
does not extend above the roof line. There is also the twenty -five foot height limit for
signs.
B. Automobile Sales Performance Standards
Mr. Bednarz stated at the previous meeting the Planning Commission expressed specific
items they wanted the performance standards to address.
Chairperson asked the Commission if they were comfortable with 10,0001bs for weight.
The Commission concurred.
Commissioner King asked on the first page, they make reference to State Statute 16827,
dealing with bonding. One of the things they talked about was they did not want to get
into a situation of dismantling vehicles and putting them back together, Statute 16827
states both of these items. Mr. Bednarz stated the City will not allow dismantling onsite.
Commissioner Kirchoff stated they discussed there would be no automobile repairs on a
used car lot unless they possess a new dealer license and he wondered if there was new is
criteria for a new dealer versus a used dealer. Mr. Bednarz stated they do not.
Commissioner Greenwood wondered if this is practical because he thought used dealers
might buy vehicles from auction and may need to fix them up to sell them. Mr. Bednarz
stated this is an issue of contention with the operation that wants to do business in
Andover and they feel that this is an unfair restriction because they have used and not
new auto sales and there is a restriction being advocated under I that would discriminate
against them. Staff does not want vehicles brought in and repaired and sold on the same
site.
Commissioner Greenwald thought this put a big restriction on the used car business.
Commissioner Kirchoff thought it did not because they could repair the vehicles at
another place. Commissioner Greenwald thought that was too restrictive and he had an
issue with that. He thought minor repairs would be ok and they could include wording in
the code indicating what type of repairs could be done on site. Chairperson Daninger
thought the Commission discussed this in detail at the last meeting and were in
concurrence with what was written. Commissioner Greenwald indicated he was
vehemently against this because they are forcing the business to have a location outside
of Andover to do their business.
Mr. Bednarz stated the intent was not to stop people from detailing vehicles; the intent
was to stop them from dropping in new engines in the vehicles to resell them.
-ZZ -