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HomeMy WebLinkAbout01/09/071685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Meeting Agenda January 9, 2007 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — December 12, 2006. 3. PUBLIC HEARING: Conditional Use Permit (07 -01) to extend mining permit for property located at 2748 161" Avenue NW. 4. Work Session: a. Consider changes to City Code 12 -14 -8 Public Hearing Process b. Consider Amendment to City Code 12- 14 -6A.5 Discretionary Conditional Use Permits 5. Other Business: 6. Adjournment 0 C I T Y O F NDQVE 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 - December 12, 2006 DATE: January 9, 2007 Request The Planning and Zoning Commission is asked to approve the minutes from the December 12, 2006 meeting. • 0 4 C I T Y O F \ NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 - 8923• WWW.CI.AN DOVER. MN. US PLANNING AND ZONING CO"HSSIONMEETING — DECEMBER 12 2006 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on December 12, 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 and Devon Walton (arrived at 7:06 p.m.). Commissioners absent: Commissioner Michael King. Also present: City Planner, Courtney Bednarz Associate Planner, Chris Vrchota • Assistant City Engineer, Todd Haas Others APPROVAL OF MINUTES. November 28, 2006 Motion by Kirchoff, seconded by Casey, to approve the minutes as presented. Motion carried on a 4 -ayes, 0 -nays, I- present (Greenwald), 2- absent (King, Walton) vote. PUBLIC BEARIN CONDITIONAL USE PERMIT (06 -11) TO ALLOW OUTDOOR STORAGE ON PROPER TYLOCA TED AT 13533 JAY STREET NW. Mr. Bednarz stated the application is seeking to use the site for storage of dumpsters and concrete equipment and materials as described in the attached letter. Outdoor storage is a conditional use in the Industrial Zoning District. Mr. Bednarz discussed the staff report with the Commission. Chairperson Daninger excused himself from discussion and voting because of a conflict • of interest. Commissioner Walton arrived at 7:06 p.m. A Regular Andover Planning and Zoning Commission Meeting Minutes — December 12, 2006 Page 2 • Commissioner Greenwald asked if all the other businesses in the area under the same Use Permits guidelines of 10:00 p.m. to 7:00 a.m. or do because of theage f most of the that waiver from that. Mr. Bednarz stated presently other businesses in that industrial park, they are not subject to those requirements. Commissioner Greenwald indicated he understood this business because they used roll offs at his work and 7:00 a.m. is really late in the day for any kind of business that has to do with construction. He stated this was an issue they needed to talk about. He wondered what the concern specifically the City had.' Mr. Bednarz indicated the early morning or late evening when people are sleeping, this was for the residential neighborhood to the south. He thought the applicant has a proposal for traffic in and out of the business that may be an alternative to this. Commissioner Greenwald thought they needed to consider that because in the summer half of the construction day is over by 7:00 a.m. Commissioner Greenwald asked on the site drawing shown, he wondered if this was above and beyond what was in the staff report. Mr. Bednarz sta � � � ions of the commercial site plan, they will need a survey drawing parking area, drive lanes, setbacks from side property lines. A survey drawing that provides dimensional data for the entire site. • Commissioner Greenwald stated not having any onsite storage of refuse, debris, refuge, salvage material could be an issue in the future and being in this business he could foresee them having a light truck come in with a full load because the dump was closed and he wondered if this would not be allowed under this. Mr. Bednarz stated the staff recommendation is that dumpsters would be emptied before returning to the site. Commissioner Casey stated on the drawings submitted he noticed only one entrance and one egress and he wondered if staff and the Fire Chief was okay with this. Mr. Bednarz stated if there is not a loop through the site, there will have to be some kind of turn around for emergency vehicles. Motion by Casey, seconded by Greenwald, to open the public hearing at 7:11 p.m. Motion carried on a 5 -ayes, 0 -nays, 1- present (Daninger), 1- absent (King) vote. Mr. Neil Mesdale, Owner of Craftsman Concrete and partner of Nitti Roll Off, and Rodney Lee, Premier Commercial Properties indicated he was representing both the buyer and seller of this property. Mr. Mesdale stated regarding the dumpsters they also wanted to know if they could get by with leaving full dumpsters onsite until morning because dump sites close at night. The dumpsters are tarped and would be dumped in the morning. He stated his trucks • would be parked inside. Mr. Lee stated all trucks with debris will be parked inside the building but the roll offs would be outside. He stated they are asking for 5:00 a.m. start Regular Andover Planning and Zoning Commission Meeting . Minutes — December 12, 2006 Page 3 time for the roll offs and they would like to go north onto Bunker and then to take a right. Mr. Mesdale indicated that was correct. He noted they would like to stay off of Jay Street if possible. Vice Chair Kirchoff asked if all the debris will be in the container and not stored onsite. Mr. Mesdale stated there will not be any debris in containers; it will be removed everyday unless the dump is closed. Mr. Lee indicated there will not be any materials stored onsite. Mr. Lee asked if staff was asking for a wood fence on the east side. Mr. Bednarz indicated the applicant proposes a chain link fence with slats and there would be a wood fence on the south side to screen it from residential properties. He stated staff s concern with the chain link fence is the fence will not adequately screen this property from others. Commissioner Greenwald wondered what the applicant would be storing outside. Mr. Mesdale stated they would be storing steel containers, fifteen to twenty maximum. Commissioner Greenwald asked if they have ever had a situation where someone could park right up to the fence like proposed. He thought because the area was all paved the applicant should be able to park to the fence. Mr. Bednarz stated the issue is an existing parking area that was all part of one site that now has a property line down the middle. The 10' setback requirement may not have considered this situation. He stated if there are things the Planning Commission thinks they could be flexible on, it should be stated. Alternatively if they approve things just subject to the City Code, when they get into that commercial site plan process, they will be asked to meet the stringent requirements. Commissioner Walton asked how this site compared to their current site. Mr. Mesdale stated this site is three times the size of their site in Blaine. He stated he has run out of space at his current site. Commissioner Walton was concerned if this site would be large enough. Mr. Mesdale stated it was. Commissioner Walton wondered if the entrance was large enough to accommodate their equipment. Mr. Mesdale stated the entrance was more than adequate even with the center median because there are two lanes on Jay Street. Motion by Greenwald, seconded by Walton, to close the public hearing at 7:27 P.M. Motion carried on a 5 -ayes, 0 -nays, 1- present (Daninger), 1- absent (King) vote. Vice Chairperson Kirchoff stated he would agree about changing the time limit restrictions. He thought all of the businesses in the area were well on their way before 7:00 a.m. • Commissioner Greenwald stated they have to be aware that there could potentially be an empty truck coming in on Station Parkway to pick up a box earlier than 7:00 a.m. so there is the potential for noise. He thought they should allow the 5:00 am. start time. He Regular Andover Planning and Zoning Commission Meeting Minutes —December 12, 2006 Page 4 is also thought they should have screening to the south. Vice Chairperson Kirchoff agreed and indicated the applicant was willing to screen the area. Commissioner Walton stated he was ok with the screening to the south. One thing he was considering was they should have consistent height in fence. He agreed the fence to the south should be solid and he was fine with the chain link fence with slats but the slats should be replaced if they start to break. Commissioner Holthus thought an earlier start time was fine and a chain link on the east side is also ok. She stated she was disappointed there are no neighbors at the meeting. Mr. Bednarz stated he received one phone call requesting information on the proposal. The resident did not express opposition. Vice Chairperson Kirchoff wondered what the Commission thought about having full, tarped containers onsite. Commissioner Greenwald stated he was fine with this because they would be tarped and he was sure the owners would not want debris blowing all over their property. Motion by Greenwald, seconded by Casey, to recommend to the City Council approval of the conditional use permit (06 -11) to allow outdoor storage on property located at 13533 Jay Street NW, changing item three to 5:00 am. and screening on the south should be a solid wood fence and allow a chain fence on the east side with a zero lot line • along requiring trucks with full dumpsters be stored inside the building. Commissioner Walton wondered if they had a noise ordinance that would affect dumpster loading and unloading. Mr. Bednarz indicated they do have a noise ordinance based on decibel level over a period of time and it also depended on the time of day. He did not think this ordinance would be violated. Motion carried on a 5 -ayes, 0 -nays, 1- present ( Daninger), 1- absent (King) vote. Mr. Bednarz stated that this item would be before the Council at the December 19, 2006 City Council meeting. OTWER. Chairperson Daninger stated Commissioner Greenwald would not be reapplying for his Commission position and he wanted to thank him for his six years of service. Commissioner Greenwald stated it has been an honor working with this Planning Commission. He also stated the Council has done an outstanding job listening to their recommendations. 11 Regular Andover Planning and Zoning Commission Meeting Minutes — December 11, 2006 • Page 5 Chairperson Daninger recessed the meeting at 7:40 p.m. to move it to Meeting Rooms A &B. Chairperson Daninger reconvened the meeting at 7:43 p.m. WORK SESSION: a. City Code 11 3 -6 Buildability Staff has a number of discussions with the City Council on the issue of buildability over the past year. Some amendments to the City Code are being proposed as a result of these discussions. Mr. Vrchota made a presentation to the Commission regarding three issues regarding buildability. Issue 1: Buildability on Urban Lots Commissioner Kirchoff stated when they have the building pad and they go to the 116.5 • feet, going back to putting a deck, patio or storage shed, they can put that on anything so they are not looking at going into a wetland drainage easement, they are just looking at lousy soil. He stated looking at some of the homes that have added a deck he agreed people are not ending up with a backyard after the deck is on the house. Mr. Vrchota stated the City Council was surprised that footings for decks were being put in easements and they wanted this looked at. Mr. Haas stated the only change in Issue 1 is the builder will have to remove the poor soils and build a larger building pad, which may lead to fewer homes in a development. Commissioner Greenwald asked if they were changing some consistency and will there be some inconsistency where people could tell. Chair Daninger did not think there would be because they will be developing an entire neighborhood at a time. Commissioner Greenwald indicated he liked this because it may help the developer from creating neighborhoods with too many lots. Chairperson Daninger stated the developer would have to build larger buildable lots so they would not be able to put as many houses in a development. Commissioner Greenwald indicated they needed to be aware that there will be some lots in the development that may need a variance because they will not meet the requirements. Commissioner Kirchoff stated he liked this and did not see a negative to this. • Regular Andover Planning and Zoning Commission Meeting Minutes — December 12, 2006 Page 6 is Chairperson Daninger indicated if they have more buildability, there maybe more excavation of trees. Commissioner Walton stated there maybe developments that would be hard to develop because of the wetlands and marshes. Chairperson Daninger indicated this was just a work session and there will be a public hearing where developers and builders will have a say. He wondered how this compared to other cities. Mr. Vrchota stated staff would meet with the builders and developers before a public hearing to get their thoughts and that he would get the Planning Commission information regarding other cities before another meeting regarding this. Commissioner Kirchoff stated even if this did not go forward, the idea with putting on a ghost deck or accessory would be great. Issue #2: Wetland Buffer Commissioner Kirchoff indicated he would support this because it would give the owner more of a backyard. Chairperson Daninger thought this sounded ok with him. Commissioner Holthus wondered if there was a difference between a DNR protected wetland and a regular wetland. Mr. Haas indicated there was not a difference. Commissioner Holthus thought this made sense. • Issue #3: Deck Footings Placed within Easements. Commissioner Kirchoff wondered if the requirement would be to go to the max of what is allowed. Mr. Vrchota indicated they could do this but it would be more of an indication of what the owner would be able to build in the future. Chairperson Daninger thought the concern was when the yard is small and there maybe obstacles. Mr. Vrchota stated they should show the maximum reasonable deck they could put on the house in the plans. Chairperson Daninger wondered who would have to prepare the ghost plan. Mr. Vrchota indicated the surveyor would need to provide it. Commissioner Walton thought they should have a stamp placed on the survey indicating "the survey is the maximum that could be built" so there was not any question about it in the future. Commissioner Casey agreed and thought this way everyone will know what is expected up front and there could not be any question about it later. Chairperson Daninger wondered if the buyer would ever actually see the plat map. Commissioner Kirchoff indicated they would see it if they were to go get a building permit. 0 Regular Andover Planning and Zoning Commission Meeting Minutes — December 12, 2006 . Page 7 Commissioner Walton wondered if there was a way they could indicate this at the plat stage. Commissioner Greenwald did not think they should do this at all. He thought the buyer would be able to tell if there was room for a deck or not. Mr. Bednarz thought this was an important point and things may change in the future. Mr. Bednarz indicated they would not really know what kind of house would be built at the plat stage and the buildable area would be larger if issue #1 was implemented. Chairperson Daninger stated this may raise awareness and educate people before they want to build. Commissioner Holthus thought this was a good idea and if in the future things change, this would not be able to change because it is ghost platted on the plan. Mr. Vrchota indicated this would not constitute a building permit; the owner would still need to get a permit. Commissioner Walton stated he liked this idea because it would be informative to everyone. Commissioner Kirchoff wondered where there should be a ghost plat for a deck because . some houses the decks wrap around the house and others have more than one deck. Chairperson Daninger thought they should just go out a certain distance from the home to show how far out a deck could be built but do not indicate where on the house the deck would be. b. End of year conversation Mr. Bednarz indicated this was the last meeting of the year and he wanted to give the Commission the opportunity for input on what could be done better. He stated in 2007 they will be looking at the public hearing notice requirement around the radius of lots to see if they should increase the distance in rural areas. Chairperson Daninger stated he really liked the pictures and comparisons. He also liked it when staff outlined the plats. Commissioner Greenwald thought staf should review Council decisions on what the Pl anning Commission discussed at the end of the meeting. Commissioner Walton wondered if they could get a trend report on if the City Council agrees or disagrees with the Planning Commission decisions and what percent. Mr. Bednarz indicated this could be done verbally if the Commission wanted that. Commissioner Greenwald wondered how they are doing on the restaurants by Tanners and he also wondered if TCF Bank was going to go in. Mr. Bednarz stated there will be information in the next Planning Commission newsletter. Regular Andover Planning and Zoning Commission Meeting Minutes — December 12, 2006 Page 8 Commissioner Greenwald wondered what was happening with the power station at Bunker and Hanson and if there was a plan to ever move it Mr. Bednarz did not think it would be moved. The best case scenario, long term, would be to try to hide it Commissioner Greenwald wondered when Hanson Boulevard would be closed. Mr. Bed thought it would close in March 2007. The project is thought to be finished in 2008 when Hwy 65 would close. He noted this project is slated to be done in two years. OTKER B USINESS There was none. ADJOURNMENT. Motion by Greenwald, seconded by Casey, to adjourn the meeting at 8:38 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (King) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. • • I* 3 C I T Y O F 1 � D OVE A-.. 1685 CROSSTOWN BOULEVARD N.W. a ANDOVER, MINNESOTA 55304 a (763) 755 -5100 FAX (763) 755 -8923 a WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Plann SUBJECT: PUBLIC HEARING: Conditional Use Permit (07 -01) to extend mining permit for property located at 2748 161 Avenue NW. DATE: January 9, 2007 INTRODUCTION The applicant is requesting to store up to 3,000 cubic yards of topsoil on the subject property. Bringing material in excess of 400 cubic yards onto a property is considered land reclamation and requires a Conditional Use Permit. DISCUSSION The required permit allows the city to review the type of material, the route and method of transportation, measures to prevent displacement from wind, hours of operation, length of permit, site restoration, etc. A letter submitted by the applicant is attached. This letter provides additional details about the proposal. • Type of Material The material will be topsoil generated from various excavating jobs in the area. No concrete, asphalt or other construction material or debris will be allowed to be stored on the site. Transportation 161" Avenue and Round Lake Boulevard will be the transportation routes. As these are county roads, a condition of approval will require compliance with any requirements of the Anoka County Highway Department. Hours of Operation The applicant has proposed 7:00 am to 6:00 pm as the hours of operation. Length of Permit The applicant is requesting the permit extend through December 1, 2009. Storage Area The material will be located toward the southwest corner of the site where it will be protected from wind by existing trees. The location will be approximately 700 feet away from the nearest residential structure. In addition, the stockpile will be required to be seeded and mulched to prevent displacement. Northern Natural Gas The applicant will need to cross a natural gas pipeline to access the storage area. A letter from Northern Natural Gas is attached. The berm requirement described in the letter has been included as a condition of approval. Annual Inspection This type of permit has typically been subject to an annual inspection to ensure the terms of the permit are being observed. Additionally, staff will inspect the site at the end of the permit period • to make sure that the site has been appropriately restored. ACTION REQUESTED The Planning Commission is asked to recommend approval of the proposed Conditional Use Permit subject to the conditions of the attached resolution. Attachments Resolution Location Map Contractor's Letter Letter from Northern Natural Gas Aerial Photograph. Res ct ly submitted, Courtn y ednarz Cc: Grant Schmitt 2748 161 n Avenue NW • i CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW LAND RECLAMATION ON PROPERTY LOCATED AT 2748 161 ST AVENUE NW(P.I.D. 16- 32 -24- 42- 0001), LEGALLY DESCRIBED AS; THE Northwest quarter of the Southeast quarter of Section 16 Township 32 Range 24, Anoka County, Minnesota except that part described as follows: beginning at a point on the North line of said quarter quarter 1869.85 feet west from the East quarter comer of said section, thence South at a right angle to said North line 208 feet, thence West parallel with said North line 400 feet, thence North at a right angle 208 feet to said North line, thence East along said North line 400 feet to point of beginning, except road, subject to easements of record WHEREAS, Grant Schmitt has requested a Conditional Use Permit to allow land reclamation for a three year period on property located at 2748 161 st Avenue NW; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined • that said request meets the criteria of the City Code; and WHEREAS, the Pla nning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit to allow land reclamation subject to the following conditions: 1. The applicant shall conform to all requirements and recommendations by the Anoka County Highway Department concerning transporting the material on County roads. 2. The applicant shall provide a 3 to 4 foot berm over the portion of the Northern Natural Gas pipeline that will be crossed by trucks. The berm shall be removed when hauling has been completed. 3. The permit shall be limited to three years and shall expire in December of 2009. 4. The volume of material stockpiled on the subject property shall be limited to a maximum of 3,000 cubic yards. 5. This permit shall be subject to annual site inspection to determine compliance with the City Code and the conditions of this permit. 6. No concrete, asphalt or other construction material or debris shall be allowed to be stored on the site as a part of this permit. • 7. The stockpile shall be located in the southwest quadrant of the subject property. 8. The stockpile shall be seeded and mulched to prevent displacement. 9. The hours of operation shall only be between 7am and 6pm. 10. The subject property shall be restored to a level condition or improved when the material has been removed and/or at the time the permit expires. 11. Mining of material beyond the imported stockpile shall be prohibited. 12. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12- 14 -6D. Adopted by the City Council of the City of Andover on this _ day of 5 2007. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor 0 11 Conditional Use Permit Land Reclamation 2748 161st Avenue NW 0 H 0 E Project Location Map N W4 E S Andover Planning -5- Grants Excavating & Grading 272748161' Avenue NW Anoka. MN 55304 December 19, 2006 Business PH. (612) 363 0241 Home PH. (763) 434 5441 City of Andover RE: Request to Stockpile Topsoil on 2748 County Road 20, Andover To Whom It May Concern: Grant Excavating requests city approval to temporarily stockpile up to 3,000 cubic yards of topsoil on property described above owned by Grant Schmitt. The topsoil is being generated from various excavating jobs and reused on landscaping jobs within the area. Trucking of topsoil will occur between the hours of 7 a.m. to 6 p.m. via county roads 9 and 20 using up to two trucks. The stockpile will temporarily be seeded and mulched. Topsoil from the temporary stockpile will be used on different landscaping jobs in the spring of 2007 through December 1, 2009. Grants Excavating will be responsible for permit requirements and removal of topsoil over the three year period. If you have any questions of need additional information, please feel free to call. Sincerely, Grant Schmitt Grants Excavating & Grading DEC -26 -2006 11:15 MPLS ROW 952 Be? 1759 Northern Natural Gas December 26, 2006 Mr. Bob Moorhouse Forrest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 Re: Crossing of Northern Natural Gas Pipelines 952 eB7 1759 P.02/02 Northern Natures 629 Compare 1650 West 82nd Street Suite 1250 Bloomington. MN 55431 Dear Mr. Moorhouse: Northern Natural Gas would not object to Forest Lake Contracting temporarily crossing over our pipelines in Anoka County. The crossing will be specifically and only south of Highway 20 and east of Highway 9, approximately one - quarter mile. • Forest Lake Contracting hereby agrees to berm over Northern Natural Gas pipeline with approximately 3 to 4 feet of additional earth cover. When Forest Lake Contracting has completed the dirt hauling, the berm will be removed from the pipeline easement. Sincerely, Suzanne Wilsie Right of Way Agent 952 -887 -1730 TOTAL P.02 �"ch� .: /��'t •k a .r f � to - '�'?,. t tT F F Ar Vol v --mr-IMAO-ER170 gal kr sib 9R� 5 `K y Tv 4 3 4 t t i d �i 'x i rte' w n T i a 1. al 4 1 TO: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US FROM: SUBJECT: DATE: Planning and Zoning Commissioners Courtney Bednarz, City Plann4 Work Session: Consider changes to City Code 12 -14 -8 Public Hearing Process January 9, 2007 INTRODUCTION The Planning Commission has suggested that public hearing notices be mailed to a larger area for applications in rural areas. This item is intended to help the Commission determine what size the mailing area should be. DISCUSSION The current mailing area is 350 feet from the perimeter of the subject property as required by state statute. As previously discussed this mailing area may only reach one adjacent property in the rural area. By comparison, the same mailing area in an urban area will reach considerably more properties (see attached map). A map showing potential notification areas in a rural neighborhood from 350 to 2,000 feet is attached to illustrate how the distance affects the number of properties that would be notified. Please note that properties even partially included in the notification ring are included in the mailing. Other Public Hearing Notification Measures It is important to note that a sign is posted on subject properties a week before the Planning Commission meeting and remains on the property until after the Council meeting. In this manner, anyone who drives by a subject property can be informed that a change is proposed. The sign lists a phone number where a recorded message describing each item can be found. Additionally a public notice is published in the Anoka Union newspaper at least ten days before the Planning Commission meeting. Other Considerations As the distance from a subject property increases, the potential for impacts from a proposal decreases. The distance at which no effect will occur will vary according to the scale and type of each proposal. The types of applications that require public notices are illustrated in attached City Code 12 -14 -8. (Please note that City Code 12 -14 -8 will need to be adjusted to accurately reflect that while it is the city's policy to send a meeting notice for variances, the final decision was to not hold a public hearing for variances.) Finally, it should be mentioned that each additional piece of mail increases postage costs. The impact will not be dramatic, perhaps a couple hundred dollars per year, but the size of the notification area will make a difference. The city pays the standard rate of $0.39 per letter. J Survey of Other Cities A survey of other communities with rural areas was conducted to compare notification policies. City Standard Notification Distance Exceptions Blaine 350 feet 1,000 feet for hazardous or solid waste facilities Cambridge 350 feet None mentioned FEa Bet hel 350 feet 600 feet for interim use permits for horses and 1/4 mile for private kennel licenses River 350 feet Increased mailing at Council discretion Ham Lake 350 feet None mentioned Oak Grove 1,000 feet None mentioned Ramsey 350 feet 700 feet for significant residential or commercial developments Attachments Various Notification Maps City Code 12 -14 -8 ACTION REQUESTED The Planning Commission is asked to reach a consensus on what the notification area should be in rural areas. Once this has been done, a public hearing will be scheduled for the proposed City Code amendment. y submitted, - 9w. Ar. • 0 �I NDOVE Incorporated 1974 350 feet in Rural Area 9 properties selected (Including subject property) Location Map SUBJECT PROPERTY N C I T Y O F NDOVE Incorporated 1974 350 feet in Urban Area 43 properties selected (Including subject property) ti M Rj an N N N ` m N 15299 N 15292 15293 co 15295 co N Nry S ?� N LL) U') 0 N LO =RAWS MEMORIAL BLV �S2 �`" 15284 15285 LO 0 � o 0 m +E M M M �� 1527515282 1528115276 15277 15278 w p 2326 t� c� tm CV �.� 1521 NN S�63 0 15270 1526915268 15279 15269 15270 15271 N 10 N 15205 7S2j s ?�,� N 1525 1525715260 315261 15262 � 15263 N 0 0 - 15197 N o N oy� N o 'S M OR D �'s� cS c� 15186 r N 5183 N h �O N• ry a0 N o N' O N a0 ti co v_ M a0 a0 O - o_ CO N 00 It M - 1.521315221 ry� N N N N N N N N N N N N N 15172 °' `n r `� °� � M N O O � O� M �''), O LO O ct 0 U') 0) O � It O N N N N N N C/) N N N N N N N N N N N N CD a N N CN N Cl M � N N N 15160 N N L 66 M 1514 > M N o 04 N 1495 `L3. 2354 N 513 N N N N N N N N N a M 0) M M 2273 N N N T 2169 o e N WN N N 11 N N N C N N M 1494 00 7 S. o N 0�0 � , 3 M N N L M w c9 F r O N N N 332 2272 N N N N 0 N N N 14939 N N N� N '� w N N 2174 o N 1492 5092 15089 1 07 1 15079/ 0 M N c o V 2035 5074 15071 � N N N N N N C r C N N N N r r 77 O O O N N N N N N O N 5056 15053 5 ~ 1505 1504 1 46 15041 15042 O N N r 5038 1503 15043 15034 r N o 00 N C° o M 15040 r ° w o 150 15031 15 N 15031 15 5033 N N N N N N 1502 15029 CD 0 0 N 0) 15021 022 15026 > N o 1501 1501 o r 15021 N o L a 150 °' o w 14995 N �v M 14921 r v' 12 ca LO w 0 - N N v 149 14911 2326 O N N (0 N ! N o °�° 0 N 14981 N oy� N o v: o 1497 1 N N N N N N N N CO N j_ 14975 cfl w ra e-3 N O N N 14967 N N N .P N O 1495 14953 C N a N o N M N N o 14957 �, CO M 1494 1493 rN h M a L M w c9 co O N N N N N 14939 N N N� N '� w N N o N 1492 C 1492 SUBJECT PROPERTY z 1w N Location Map �v M 14921 r v' 0� - N N v 14911 2326 O N N (0 N ! M N wCID O N oy� N M N N N N N o N SUBJECT PROPERTY z 1w N Location Map C IVD Incorporated Various Distances 1974 Location Map - SUBJECT PROPERTY /N N C NDOVE Incorporated 1974 Various Distances Extremely Remote Parcel SUBJECT PROPERTY z 0 N Location Map 1 �' g 25f12 ° m eS 7 538 , 535 5W 5 581 5 &1 SU fi 15315 a W31 5M 532 532 ,s33 5 s /531f !q 15315 531 s3o �i 630 15303 R n `0 15255 3119 304 2987 V RAN'S o 20 0 J m W 3052 rn 7 51 i 5173 n n v 151% 3001 S 51W u o ,5,75 13 0 e° 0 15127 15129 2978 10 0 m 7 0 ,5035 � n m W 50 ,50,2 15011 3086 3 0 197 31 308, 1 1 r 1 11851 ° a ,O 793�1 SUBJECT PROPERTY z 0 N Location Map after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 10 -21 -1970) 12 -14-8: PUBLIC HEARING PROCESS: A. Council Actions Requiring a Public Hearing: The following Council actions shall r ub"c hearing: 7-V ariance on tonal Use Permit (CUP) 3. Rezoning and Text Amendment 4. Sketch Plan 5. Preliminary Plat 6. Comprehensive Plan Amendment B. Public Hearing 1. A public hearing on an application for the Council actions in this chapter shall be held by the Planning Commission in accordance with the Minnesota State Statutes. 2. A notice of the time, place, and purpose of the hearing shall be published in the official newspaper of the city ten (10) days prior to the day of the hearing. Property owners and occupants within three hundred fifty feet (350') of the property in question . (based on the City's most current version of Anoka County Property Records) shall be notified in writing, although failure by any property owner or occupant to receive such notice shall not invalidate the proceedings. Notifications shall be sent by mail. 3. The hearing may be continued from time to time in the event the Planning and Zoning Commission needs additional information from the applicant or other sources to make its decision. 4. The Planning Commission recommendation shall be presented to the City Council. 5. The City Council shall make the final decision on the proposed action. (Amended Ord. 314, 10-4 -2005) 12 -14-9: APPEAL PROCEDURES: A. Board Of Appeals; Planning And Zoning Commission Serve As: The Planning and Zoning Commission is designated as the Zoning Board of Appeals and Adjustments and shall determine, in harmony with the general purpose of this title and the Comprehensive Plan, by resolution, all appeals from any order, requirement, permit or decision made by the Zoning Administrator under this title, and from any interpretation of the text of this title, or any determination by the Zoning Administrator as to the location of the boundary of a zoning district as shown on the zoning map. B. Time For Filing Appeal: At any time within ninety (90) days after the C I T Y O F • ND aW 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Andy Cross, Associate Planner A DG� SUBJECT: Work Session: Consider Amendment to City Code 12- 14 -6 -A -5 DATE: January 9, 2007 INTRODUCTION The Planning Commission was recently asked to consider deleting a section of Code that gives the City flexibility to review and approve land uses not specifically allowed in a particular zoning district through the Conditional Use Permit process. Agreeing with the Commission's recommendation, the City Council voted not to delete the section when they met on December 19 2006. They have directed staff to work with the Planning Commission to rewrite the section to include criteria by which to judge whether a use may or may not be suitable in a particular zoning district. • DISCUSSION The existing Code section 12- 14 -6 -A -5 reads as follows: "Certain uses, while generally not suitable in a particular zoning district, may, under some circumstances, be suitable. When such circumstances exist, a Conditional Use Permit may be granted. Conditions may be applied to issuance of the permit, and a periodic review of the permit may be required. The permit shall be granted for that particular use and not for a particular person or firm." The principle shortcoming of the Code section as it is currently written is that it appears very subjective and does not list any specific criteria by which to review new proposals. The language needs to be simplified and must incorporate criteria to determine whether a use is suitable for a particular zoning district. For example, the City Code lists these criteria for CUP's: a. The erect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. These same criteria could be used in a revised version of Section 12- 14 -6 -A -5 to give the Council an opportunity to review new use proposals based on rational factors. This can reduce some of the ambiguity and subjectivity that made the old language unacceptable. The following potential revision is presented for the Planning Commission's review and , discussion: "The City Council may consider granting a CUP for a use not currently permitted in a particular zoning district if the Council finds by majority vote that the proposed use meets the following criteria: 1) The proposed use shall not have a detrimental effect on the health, safety, morals and general welfare of occupants of surrounding lands. 2) The proposed use shall not have a detrimental effect on traffic conditions. The City Engineer may require a Traffic Impact Study to verify that the proposed use meets this criterion. 3) The proposed use shall not be in conflict with the Comprehensive Plan. 4) The proposed use shall not have a. detrimental effect on property values or scenic views in the surrounding area. 5) The proposed site shall not be located in a residential zoning district. 6) The proposed site shall have characteristics that make it comparable to sites in zoning districts where the proposed use is permitted. Another issue should be clarified in discussion. Should the rewrite only apply to those uses listed in the existing code, but disallowed in certain zoning districts, or should the rewrite also apply to new uses proposed by applicants that are not on the existing list? If yes, then applicants' requests under this section will be limited to those uses already listed on our Permitted Uses table, such as the Valley Pools and Spas request. Staff recommends using this • section only with uses listed in the existing Code. The City Code lists Permitted and Conditional Uses with the attached table. One way to avoid reoccurring problems with certain conditional use requests in particular districts may be to change the table. If the Council or Planning Commission is no longer interested, for example, in seeing Outdoor Storage requests in the NB Neighborhood Business zoning district, the table can be changed to reflect the use as Prohibited. The Planning Commission can take this opportunity to discuss changes to the Uses table. Changes to a few specific uses would be appropriate for this discussion, but large -scale changes to the Permitted Uses list may require an extended review of the table and a further workshop discussion. The staff has worked with the City Attorney to put this report together and he concurs with the criteria that have been suggested as a means to distinguish when a particular use would or would not be allowed within another zoning district. ACTION REQUESTED The Planning Commission is asked to discuss the proposed Code amendment. Respectfully sued, Andy Cross Attachments Permitted Uses Table r L J ., U L • U 5C .a U U � 0. W M W Y m N 0. •r o � • r+ U F l u L �i a •� a.+ L C� tU d O O z H F� O U , W F a U >C SC U w • 0. ., U a U 5C .a U 0. M W Y m N 0. •r o � • r+ U l u L a •� L C� tU O UX>GU z C , a U >C SC U N i u U C p � C '<n N y a� .0 o "O C. •� 0 o c a U>CPCU a Et p r�.l rn U c° 3 o � Wcn��•� w w w w w a b dCD tq � 7 C c U a N 0 O � y � A cu cu d 1••J r 0. U u a a;aU�CaA ., U a U 5C >C U 0. 0. l u L tU O UX>GU 0. a U >C SC U i u U p � l z P U>CPCU r�.l G U a N A USCG U u a 019 u x x U U U l u l a U�x u 4y 0. U�x U UU en 0. P. U X ?C TU U U N F4 0.P. U >C >G U U U .r p. 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