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HomeMy WebLinkAbout12/13/2011N O D VE 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 December 13, 2011 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes —November 8, 2011 3. PUBLIC HEARING: Comprehensive Plan Amendment 11 -01 to change the land use classification from Transitional Residential to Agricultural for the east half of PID# 28- 32 -24 -12 -0001. 4. PUBLIC HEARING: Rezoning 11 -01 to change the zoning designation from Single Family Rural Residential to Agricultural Preserve for the east half of PID# 28- 32- 24 -12- 0001. 5. PUBLIC HEARING: Preliminary Plat of Woodland Crossings Third Addition to convert six detached townhouse lots into five R -4 Single Family Urban Residential lots. 6. Other Business 7. Adjournment 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 — November 8, 2011 DATE: December 13, 2011 Request The Planning and Zoning Commission is asked to approve the minutes from the November 8, 2011 meeting. PLANNING AND ZONING COMMISSION MEETING — NOVEMBER 8, 2011 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Kirchoff on November 8, 2011, 8:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger (arrived at 8:42 p.m.) Commissioners Dennis Cleveland, Lynae Gudmundson, Valerie Holthus, Tim Kirchoff, Michael Olsen, and Devon Walton. Commissioners absent: None. Also present: City Planner, Courtney Bednarz Planning Intern, Andrew Liska Community Development Director, Dave Carlberg Others APPROVAL OF MINUTES. July 12, 2011 Mr. Bednarz stated he did not accept the changes presented by Commissioner Olsen as the recommendations did not accurately reflect his comments at the meeting. Commissioner Cleveland requested the word "site" be changed to "sign" on Page 7. Commissioner Olsen questioned if the tape should be further reviewed to have a verbatim depiction entered into the minutes and presented to the Planning Commission. Acting Chairperson Kirchoff stated it was his understanding the minutes were a synopsis of what occurred at the meeting. He asked if staff was seeking to make a change at this time. Mr. Bednarz explained the meeting minutes were to be a summarization of discussion that accurately reflects the decisions made with motions. Commissioner Olsen felt the minutes did not accurately reflect the actions taken at this meeting. He stated his intent was to say that a public hearing was not conducted on an ordinance adopted by the City. That was his main intent and should be reflected. Regular Andover Planning and Zoning Commission Meeting Minutes — November 8, 2011 Page 2 Commissioner Walton indicated all minutes were a summation of the meeting and exact detail could be reviewed through the online web streamed videos. He suggested the minutes contain a footnote reflecting that option is available. Commissioner Olsen clarified that the minutes; however, will eventually become an official document of the events that took place at the meeting. Acting Chairperson Kirchoff expressed concern about approving the minutes with verbatim statements from Commissioner Olsen because every word would have to be reviewed. Commissioner Holthus indicated the minutes could be accepted by the Commission as submitted by the recording secretary and Commissioners vote for or against that motion. Commissioner Olsen stated his concern was that staff had indicated the proposed change to the ordinance was included in the documentation; however, it was not included. Mr. Bednarz provided a further explanation of how this issue was handled by the Council and indicated the minutes accurately reflected the events that occurred at the meeting. Motion by Walton, seconded by Gudmundson, to approve the minutes as originally presented by the recording secretary with a change on Page 7 changing "site" to "sign ". Motion carried on a 4 -ayes, 2 -nays (Olsen, Cleveland), 1- absent (Daninger) vote. September 13, 2011 Commissioner Cleveland indicated Page 1 should reflect that Commissioner Olsen had three pages of changes and not Commissioner Walton. Motion by Walton, seconded by Cleveland, to approve the minutes as amended. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote (Daninger). PUBLICHEARING: Variance (11 -03) to location and setback requirements of City Code 12 -6 -5 for existing accessory structure located at 2102142"d Lane NW. Mr. Liska noted the purpose of this item is to hold a public hearing and take input on a variance request at 2102 142nd Lane NW. Mr. Liska reviewed the proposed variance with the Commission. Commissioner Cleveland questioned the size of the existing structure as it was larger than allowed through the zoning code. Mr. Liska indicated the homeowner would need to apply for a building permit to bring the structure into compliance. t Regular Andover Planning and Zoning Commission Meeting Minutes —November 8, 2011 Page 3 Commissioner Gudmundson asked if the drainage and utility easement ran behind each property along 142 n Lane. Mr. Liska stated this was the case. Commissioner Gudmundson inquired if the rear -yard fence was on the back property line. Mr. Liska stated the fences were on the rear property line within the easement. Mr. Bednarz explained fences are allowed up to the property line provided there are no underground utilities. Commissioner Cleveland asked if there were buried utilities under the accessory structure. Mr. Bednarz explained there were no utilities buried under the structure. Commissioner Holthus questioned if the previous variance standards would have allowed for this accessory structure. Acting Chairperson Kirchoff clarified the accessory structure ordinance had not changed, merely the variance review criteria. Commissioner Gudmundson inquired if a tree could be removed in the rear yard to allow for the accessory structure to be placed within the proper setbacks. Mr. Liska suggested this question be addressed with the applicant. Motion by Walton, seconded by Cleveland, to open the public hearing at 8:17 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote (Daninger). Ryan Dostal, 2102 142 "d Lane NW, explained the structure was built on September 17`h to assist with his family's immediate storage needs. He indicated a building permit was not applied for prior to erecting the structure. He apologized for that, but requested the building remain in its present location. The shed was presently tucked into the rear corner of the lot and moving it 10 feet forward would place it close to an outdoor patio/barbeque area. Mr. Dostal noted he spoke with all three neighbors abutting his property before placing the shed in the rear corner. He also received signatures from each of the three neighbors at the lot corner and had support from every neighbor on the placement and location of the shed. Mr. Dostal indicated the shed had a permanent paver slab underneath it presently. He noted the building was painted and trimmed to match the primary structure. Mr. Dostal requested the Commission allow the structure to remain in its present location. Ann Dostal, 2102 142 "d Lane NW, asked that the existing pine trees be allowed to remain as this provided screening for the neighboring properties. Commissioner Walton questioned why the homeowner did not approach the City before constructing the shed. Mr. Dostal indicated he was aware a building permit was needed for larger structures and intended to apply for the permit. He understood there were rear yard setbacks, but after walking through the neighborhood and seeing a number of sheds in the same location, he proceeded. Mr. Dostal explained that every property owner Regular Andover Planning and Zoning Commission Meeting Minutes — November 8, 2011 Page 4 along 142nd and homes behind his property signed a petition of support for the placement of the shed. Motion by Cleveland, seconded by Walton, to close the public hearing at 8:26 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote (Daninger). Acting Chairperson Kirchoff reviewed the criteria for approval with the Commission. Commissioner Gudmundson stated the structure was not in harmony with City Code as the shed was encroaching on the drainage and utility easement. She indicated the guidelines for approval of a variance were strict so as not to set precedence. Acting Chairperson Kirchoff indicated he was not opposed to the shed, but stated the Commission had to follow the City Code on this issue. Commissioner Walton commented the Commission had to follow the City Ordinances even if the neighborhood was supportive. Eventually a neighbor would move, and could be burdened by the structure. Commissioner Cleveland stated the request was inconsistent with the comprehensive plan due to the violation being caused by the shed as it encroaches on the easement. Acting Chairperson Kirchoff indicated accessory structures are a reasonable use of the property. The Commission agreed. Commissioner Gudmundson stated the shed could be moved to meet City Code. Acting Chairperson Kirchoff agreed explaining the hardship was created by the homeowner placing the structure in its current location. He felt the overall character or aesthetics of the neighborhood would not be changed with the shed. He apologized to the homeowners for the lack of support, but stated it is unlikely that the City would amend the ordinance for this request. Motion by Cleveland, seconded by Olsen, to recommend the City Council deny Variance 11 -03, the location and setback requirement variance for an existing accessory structure located at 2102 142nd Lane NW as it does not meet the variance criteria for approval within City Code 12 -14 -7. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote (Daninger). Mr. Bednarz stated that this item would be before the Council at the November 15, 2011 City Council meeting. PUBLICHEARING: Variance (11 -04) to side yard setback requirements of City Code 12 -3 -5 for house addition at 2067142 "`Avenue NW. Regular Andover Planning and Zoning Commission Meeting Minutes —November 8, 2011 Page 5 Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the variance request at 2067 142 "d Avenue NW. Mr. Bednarz reviewed the proposed variance with the Commission. Commissioner Olsen questioned when the home was built and what the setbacks were at that time. Mr. Bednarz stated the home was built in 1992 and the garage setback was six feet for the garage and ten feet for the house. Commissioner Olsen requested further information on the intent of the Ordinance as noted within the staff report. Mr. Bednarz stated this language was not within the City's Ordinance but was more descriptive and reflects planning practices from the American Planning Association. Commissioner Cleveland asked if there was an outlot adjacent to this property in 1992. Mr. Bednarz clarified that the property line location has not changed and that the 71h Addition of Kensington Estates was adjacent to this property. Chairperson Daninger arrived at the meeting. Motion by Walton, seconded by Gudmundson, to open the public hearing at 8:42 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Jimmy Ray Tordy, Champion Home Improvements, indicated the homeowners were requesting a 12' x 16' foot sunroom. The applicants were seeking a two foot variance and the neighboring property supported the request. He stated when the home was built, the adjacent land was undeveloped. He explained the practical difficulty to be that a tremendous amount of reconstruction would be needed if the sunroom were added to the rear of the home, versus on the side. Commissioner Kirchoff questioned why the sunroom was not being added to the rear of the home. Pat Hayek, 2067 142 "d Avenue NW, stated this area of the home had northern exposure and had little sunlight. Commissioner Walton asked when the deck was constructed. Mr. Hayek stated the deck was built in 1994. Commissioner Olsen clarified the sunroom would not have been allowed in 1994 given the setback standards both then and now. Motion by Walton, seconded by Cleveland, to close the public hearing at 8:47 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Acting Chairperson Kirchoff questioned if the request was in harmony with the purpose and intent of the ordinance. 4 Regular Andover Planning and Zoning Commission Meeting Minutes — November 8, 2011 Page 6 Commissioner Walton stated the request was not in harmony with the intent of the ordinance because the porch did encroach on the side yard setback. Mr. Bednarz stated all variance requests do not meet ordinance requirements. He asked the commission to consider revising this finding. Acting Chairperson Kirchoff asked if the request was consistent with the City's Comprehensive Plan. He stated the sunroom would encroach 2 %2 feet into the side yard setback. Commissioner Gudmundson noted the two foot encroachment was a small amount but the City had to follow the guidelines. Acting Chairperson Kirchoff commented that with the addition of a sunroom the property owner was requesting to use the property in a reasonable manner. Acting Chairperson Kirchoff stated the property was a standard lot and topography was not an issue and there were no unique circumstances. Commissioner Gudmundson indicated the sliding glass door was placed on the side of the home for a future deck. Acting Chairperson Kirchoff questioned if the character and integrity of the neighborhood would be affected if the 10 foot side yard setback were encroached. Commissioner Olsen explained the sunroom would be an improvement to the property and did not feel the two foot encroachment would affect or take away from the character of the neighborhood. Acting Chairperson Kirchoff agreed with this statement. Commissioner Walton clarified that a permit was not pulled for the deck and that this created the problem. He apologized to the homeowners but stated he could not support the variance request. Motion by Walton, seconded by Gudmundson, to recommend denial of Variance 11 -04, of the side yard setback variance for a house addition at 2067 142nd Avenue NW due to the fact the original deck placement did not match City setbacks and an application for a building permit would have identified the required setback. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the November 15, 2011 City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes —November 8, 2011 Page 7 WORK SESSION— COMMERCIAL DEVELOPMENT. Mr. Carlberg thanked the Commission for the in depth Commercial Development discussion held at the September meeting. He reviewed the desire from the Commission was to have 20% of the City's tax base be from Commercial /Industrial uses. The Commission recommended a retail market analysis of the City be completed. This information was passed along to the EDA and after a lengthy discussion the EDA directed staff to proceed with soliciting proposals to have a retail market analysis done. Mr. Carlberg indicated Staff researched and provided the Commission with information on the percentage of commercial /industrial properties in neighboring cities. Anoka, Blaine and Coon Rapids ranged from 30 -35% of their tax base being generated from commercial and industrial uses. Andover currently has 8.2% while East Bethel has 9% and Oak Grove has 5.2 %. He found the results to be typical for a four tier community. Mr. Carlberg stated he would report back to the Commission after the retail analysis was completed by the EDA. Chairperson Daninger asked how the Commission was to proceed this evening. Mr. Carlberg indicated the data provided this evening was for informational purposes. Additional feedback could be passed along to the EDA. Commissioner Olsen questioned where 20% came from. Mr. Carlberg stated this number was desired to assist with supporting the City and to reduce the burden placed on the residential taxpayers. This was a recommendation after speaking with a number of other communities. Commissioner Kirchoff felt this was a great goal. Commissioner Olsen struggled with how this percentage equated into acreage within the City. Mr. Carlberg stated the retail market analysis would review the current tax revenue generated from commercial properties and provide recommendations to the City on how much more property was needed to meet the 20% goal. It would also provide information on the type of retail attractions the City should be pursuing. Commissioner Kirchoff questioned if the market study would review how new development would affect the surrounding communities. Mr. Carlberg stated this was the case. Chairperson Daninger thanked the Commission for the healthy discussion of this issue and for providing a recommendation to staff. Mr. Carlberg stated Staff would continue to review the issue and would report back to the Commission when additional information was available. Regular Andover Planning and Zoning Commission Meeting Minutes — November 8, 2011 Page 8 OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz mentioned that Commissioners Walton and Kirchoff's seats on the Commission were set to expire at the end of December. He encouraged both to reapply for the position by December 9`h, along with anyone else interested, and that the Council would be interviewing all interested applicants. Mr. Bednarz stated a citizen survey was now available on the City's website seeking information on City services and programs offered. Mr. Bednarz updated the Commission on the conditional use permits discussed in September. He noted the Time to Thrift CUP was approved by the Council further limiting the outdoor display space and that all items displayed be non - combustible. The second CUP request from the Hughes Industrial Park was approved with additional landscaping to assist with screening. The building was presently under construction. Commissioner Cleveland indicated he was struggling with the variance requests presented to the Commission this evening, along with the new approval criteria. He questioned how future requests would be approved. Mr. Bednarz further reviewed the approval criteria with the Commission. Chairperson Daninger stated it was tough for the Commission to deny a case. He felt the Commission still had the ability to fill in the blanks and approve a request. Commissioner Olsen suggested a work session be held to assist the Commissioners with becoming more familiar with the new approval process. Commissioner Gudmundson agreed with this recommendation. The Commission further discussed variance cases in the past and the new approval process. Mr. Carlberg felt it would benefit the Commission to further discuss the variance approval process at a work session meeting. Mr. Bednarz stated that while a process could be created, the Commission would have to understand that each requests needed to be reviewed on a case by case basis. Mr. Carlberg suggested a 6:00 p.m. work session prior to the next Planning Commission meeting, scheduled for December 131" The Commission was in favor of this recommendation. Regular Andover Planning and Zoning Commission Meeting Minutes —November 8, 2011 Page 9 Chairperson Daninger reiterated that applications for the Planning Commission positions were available on the City's website. He noted that there were also openings on other Boards and Commissions within the City. He encouraged those interested to make application. Commission Olsen expressed concern with the passing and amending of Ordinances. He wanted to be assured that the Commission and City was consistent with current Code. He did not want to see the City creating a separate playing field for certain Ordinance amendment requests. He asked that this be discussed in a future work session in more detail. Chairperson Daninger did not feel the City was placing itself on a separate playing field. He requested Commission Olsen provide more notice to the Chair or staff prior to bringing up new meeting topics. Chairperson Daninger suggested the differences be discussed with Staff in detail prior to the next Commission meeting. Mr. Bednarz stated the Commission reviews cases and makes recommendations to the Council. However, not every request is brought before the Commission for comment. He asked that the Commission understand that the Council was the final acting body. Mr. Carlberg indicated he has worked on several Ordinance amendments as well that were not brought through the Commission for comment. He noted additional discussion could be held by the Commission at a future work session. Commissioner Olsen read City Ordinance 12 -4 -4 stating all proposed amendments shall be referred to the Planning Commission prior to adoption. The Planning and Zoning Commission shall hold a public hearing on the proposed amendment. He indicated this was quite cut and dry on how ordinance amendments should be handled. Chairperson Daninger suggested this issue be added to the December work session meeting. ADJOURNMENT. Motion by Walton, seconded by Kirchoff, to adjourn the meeting at 9:30 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Respectfully Submitted, Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. 0 C I T Y O F ,ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners CC: Courtney Bednarz, City Planner FROM: Andrew Liska, Planning Intern SUBJECT: PUBLIC HEARING: Comprehensive Plan Amendment 11 -01 to change the land use classification from Transitional Residential to Agricultural for the east half of PID# 28- 32 -24 -12 -0001. DATE: December 13, 2011 INTRODUCTION The city has received a request from the property owner to enroll the subject property in the Agricultural Preserve Program. State law requires cities to designate land for agricultural use in their comprehensive plan as a prerequisite for enrollment in this program. DISCUSSION The Comprehensive Plan establishes criteria for review of amendments concerning a proposed land use change. These criteria are listed below with responses applicable to this request. 1. Conditions have changed since the present land use designation was established such to warrant the proposed amendment or the present land use designation is in error. Economic conditions have slowed residential development and there remains a significant amount of land that needs to be developed before this parcel would become a logical choice for development. Forecasts predicting the rate of residential development on the attached sewer and staging plan have not occurred in the time expected. 2. The proposed land use is compatible with surrounding land uses and with the goals, objectives and policies of the Comprehensive Plan. The proposed land use is compatible with surrounding land uses because the applicant has purchased the subject property to expand the adjoining farm. The surrounding properties are similarly utilized for agricultural purposes. 3. There is capacity of public systems, facilities, and services to serve the proposed land use and capacity of these systems to serve other planned land uses is not adversely affected. Conversely, municipal utilities are not available to serve the subject property and will not be available until a significant amount of land between the subject property and these utilities is developed. 4. Agreement can be reached for the applicant of the proposed land use to pay for any increased capacity of public systems, facilities and services required to serve the proposed land use. There would be no increase in the existing capacity of public systems, facilities and services required to serve the proposed land use. 5. Potential impacts by the proposed land use on natural resources including vegetation, wetlands, floodplain and other natural features can be avoided or sufficiently mitigated as determined by the City Council. The northerly portion of the property is presently farmed as shown on the attached aerial photograph. The applicant may also farm the southerly portion of the property. There are no wetlands on the site. 6. To ensure a transition or buffer between urban and rural residential zoning districts. The surrounding lands are presently utilized for agricultural purposes. Attachments Resolution Location Map Aerial Photograph Land Use and Zoning Change Detail Map Comprehensive Plan Figure 2.5 Sewer Staging Plan ACTION REQUESTED The Planning Commission is asked to evaluate the proposed land use change with the criteria established by the Comprehensive Plan listed above and make a recommendation of the City Council. Respectfully submitted, 9 Andr Liska Cc: Don Eveland 2575 Andover Boulevard NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE CLASSIFICATION FROM TRANSITIONAL RESIDENTIAL TO AGRICULTURAL FOR PROPERTY LEGALLY DESCRIBED AS FOLLOWS: That part of the Northwest Quarter of the Northwest Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota lying East of the West 660.34 feet thereof WHEREAS, the applicant has petitioned the City of Andover to enroll the subject property in the Agricultural Preserve Program; and WHEREAS, the Minnesota Statute 40A requires establishes criteria for land to be considered for the Agricultural Preserve Program, including designation of the subject property as agricultural; and WHEREAS, the City has established criteria for the review of changes to land use classifications and the proposed land use change satisfies these criteria as follows; 1. Economic conditions have slowed residential development and there remains a significant amount of land that needs to be developed before this parcel would become a logical choice for development. Forecasts predicting the rate of residential development on the attached sewer and staging plan have not occurred in the time expected; 2. The proposed land use is compatible with surrounding land uses because the applicant has purchased the subject property to expand the adjoining farm. The surrounding properties are similarly utilized for agricultural purposes; 3. Conversely, municipal utilities are not available to serve the subject property and will not be available until a significant amount of land between the subject property and these utilities is developed; 4. There would be no increase in the existing capacity of public systems, facilities and services required to serve the proposed land use; 5. The northerly portion of the property is presently farmed as shown on the attached aerial photograph. The applicant may also farm the southerly portion of the property. There are no wetlands on the site; 6. The surrounding lands are presently utilized for agricultural purposes; and WHEREAS, the Planning and Zoning Commission has conducted public hearing and recommends to the City Council approval of the amendment as requested; and WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding land, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: 1) Change the land use classification from Transitional Residential to Agricultural for the subject property. Adopted by the City Council of the City of Andover on this day of 2011. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk ANL66W^ Location Map: PID# 28- 32 -24 -12 -0001 1399 1 2241 iy j 2136 TOaB L3330, I 13L ! 2276 I 2226 j } 'r - � j j 15316 ..drix 1313 _._1 ' �.._.... i S H 13395 _ .. y__._. A..... _._._. _....... .._.._.._.. �.___......_._•__.._.__ r _ -ti.. 26tt__.. ism i !__.__ f Hat 3119 15255'5 i 3065 r 1` 2880 ...__.. _.�,_.....: _ __. _.. ......... .6t 6tnl ._....153RD,q VE .. VAD,AVE an - , y 15167 j 3L21 I 3052 . -11, I r q z 1 y � i151961' W75 ] LSL36h L51 'r 2978 13L27 3L67 i 3119 1 15078 19071 .......:..130 1'N.::..:�_ jH: LWL1 3153 3061 �. i •) ! ... Irma, M75 ij �'j 29ls ^�L39SS i / 3166 i 3118 i W76 14-1 N -AVE . ..-..._ ...._.__.....__..,.._..�__.__._ _f 3110 14217 I t y y i ____..._. - 2560 1399 1 2241 iy j 2136 TOaB L3330, I 13L ! 2276 I 2226 j 3018 , \Y \.. 3DW ': •'S !I '2350' 1..,, 3061 3043 3023 3005 D3, , . l9 I 2859 Te 2817 ` 1424z I42ND7,N f . y.2: � I42N y 1az7i b LN �, .. .. a :. .- I MM 30fLy 2938 2914 2858 2834 2811 13234 I4R) Z - "° S7. 5.. Lr 13222 ;x,4213 xau 2927 2905 2847 2824 ;D 1a18G .... 1yr 1415•' 3N0 14Ht .d I �Ni.. 142ND AVE ,_.Y .... ..._..._..__...... �... ._- _ _ __ __..._._ ...•.14142 051 j 2938 2916 2858 2834 2812 O istaa Lalu -o, . . ,.. ,.,8 .. f., A (tn96) f 2919 288] 1,413f0, 2887 14121 14110 2938 2906 : 0 } 'r ! II 2763 r r3 ;2491 3863 128231 i I I 12� 2579. { 2 ' �.._.... i S H . 2 , . 26tt__.. y ' i !__.__ f Hat 3065 r 1` 2880 ...__.. _.�,_.....: _ __. _.. ......... .6t 6tnl - , y 2 q z 0 W z K -�IN \\ �: �i �tl't ^�`'•� F��Y 1,. .. _ f 't � } i _ ,.2f v.�Y�� 1 x f t t � a, \3 ' _ .�a•F . }i t .ir<' � 3 � t :�z�'..f���� - 'E, I -_ t V fYtk 5`it •ar 'ti N ' wi �S a I� Y'� }� 1 _ •sue -r'' r:. < } t�4 •' ee f �'y Yi.r tE: S_.[1 "-F ��:-� �F � J'��. All IM + lilt, X 4v y 3 a t a r• w : MAN - I �F HIMM LI ,rte � NDOVE ;,ANDOVER, MINNESOTA 55304 • (763) 755 -5100 1685 CROSSTOWN BOULEVARD 55 $ 23 . WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planne SUBJECT: PUBLIC HEARING Rezoning 11 -01 to change the zoning designation from Single Family Rural Residential to Agricultural Preserve for the east half of PID 28- 32 -24 -12 -0001. DATE: December 13, 2011 INTRODUCTION a rezoning of land adjacent to his farm that was recently purchased to The applicant is seeking cultural Preserves Program. allow the land to be enrolled in the Agricultural DISC with all rezonings, the City must meet one of the two following findings that are provided y As state statute: 1. The original zoning was in error. 2. The character of the area or times and conditions have changed to such an extent to warrant the Rezoning. The prop erty is located within the Metropolia d conditions have changed as follows: the current p p stage of sewer expansion. However, times 1, The expansion of municipal utilities to serve the subject property has not occurred as previously anticipated. has been purchased by the adjacent landowner who has b een 2. The subject property for nearly 30 years. enrolled in the Agricultural Preserves program ACTION REQUESTED proposed rezoning and make a The Planning Commission is asked to consider the p p recommendation to the City Council. Attachments Proposed Ordinance Amendment Location Map J e mi t ted, y n Cc: Don Eveland 2575 Andover Boulevard NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE ORDINANCE _ AMEND THE CITY OF ANDOVER AMENDING CITY CODE TITLE 12 -3 -45 ZONING DISTRICT MAp O THE CITY CO F UNCIL OF THE CITY OF City Code 12 -3- ``ANDOVER HEREBY ORDAINS: follows: 4> The Zoning District Map of the City of Andover is hereby amended as 1 • Rezone land from legally described n that om R -1, Single Family part Township 32, Range 24, Anoka of the Northwest Y Rural Residential to Agricultural Preserve o he Quarter of the Northwest Y, Minnesota lying Quarter of Section 28, d 2. Ymg East of the West 660.34 feet thereof The finding for the rezoning that expansion of municipal utilities to server the sub' anticipated and the municipal subject and conditions have changed due to the fact enrolled e the A property has been sect property has not occuned gricultural Preserves purchased by the adjacent landowner as previously Program for nearly 30 who has been 3 All other sections of the years. City Council of the Zoning Ordinance shall remain as w City of Andover. ntten and adopted by the Adopted by the City Council of the City of Andover on this _ day of CITY OF ANDOVER � 2011. ATTEST: Michael R. Gamache Michelle Mayor Hartner, Deputy, City Clerk Incorporated 1974 Comprehensive Plan Amendment to change land use classification from Transitional Residential to Agricultural And Rezoning to change zoning designation from Transitional Residential to Agricultural Preserve N Affected Property Location map W -E S .5 f C I T Y O F NDOVE VARD N.W. • ANDOVER, MINNESOTA 55304 (763) 755 -5100 FAX (763) 55-8923 WWW•CI.ANDOVER.MN.0 1685 CROSSTOWN BOULE 7 TO: planning and Zoning Commissioners FROM: Courtney e Bednarz, City Planne SUBJECT: PUBLIC HEAR Preliminary Plat of Woodland Crossings Third Addition to convert six detached townhouse lots into five R 4 Single Family Urban Residential lots. DATE: December 13, 2011 INTRODUCTION y art of the initial Woodland This preliminary plat would restore the single family lots created asp applicant has indicated plat that were later converted to detached townhouse lots. The app Crossings p le family lots in this development. that there is demand for sing DISCUS Conformance with Local Plans and Ordinances Jin is The property lies within the Urban RsdentThe proposed lots are consiisstent with dthi land use Family Urban Residential Zoning District. classification and conform to the dimensional standards of the R -4 zoning district. Access The lots will be provided access from the existing Jay Street N Easements townhouse ddition. The standard five foot side yard and ith the proposed A separate Council action will vacate the existing easements created for the arch lots of Woodland Crossings second sements for single family lots will be created and rear yard drainage and utility the rear property lines to efficiently collect drainage plat. Storm sewer has been constructed nsondseand eae ments in the rear yards. and prevent the need for larger p royal requires the Infrastructure lots. A condition o app Sewer and water stubs are available to serve the proposed er line to be cut off. This is responsible for the water line from the water main to the connection would have a extra water service be turned off at the main connection and the cope important because the city is resp oint in the future, the city point in the street. If the unused service was to fail at some p substantial and unnecessary repair cost. The developer has proposed to leave the unused water line as it presently exists. Homeowners Association for similar lots The existing detached to lots werethe east the An am ndment to the association ion documents that are arranged around the cul -de -sacs to will be recorded with the plat to remove the lots from the association. i i I Park Dedication and Trail Fees The applicant pre viousl y paid park dedication and trail fees for the six detac The proposed plat contains five lots. The applicant I! dedication and trail fees at the rate the he f townhouse units. d wth is entitled to a refund of one unit of park y were paid with the previous plat. I ACTION RE UESTED The Planning Commission is asked to review the preliminary plat a the City Council. nd make a recommendation to Attachments Resolution Location Map Preliminary plat Plan Set ted, Cc: Woodland Development 13632 VanBuren Street NE 2 Ham Lake, MN 55304 r CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WOODLAND CROSSINGS 3`d ADDITION" FOR PROPERTY LEGALLY DESCRIBED AS; Lots 1 through 7, Block 1 Woodland Crossings 2nd Addition, Anoka County, Minnesota WHEREAS, Woodland Development has requested approval of a preliminary plat of Woodland Crossings 3`d Addition; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat and pursuant to the published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the Planning Commission has reviewed the request and recommends approval of the proposed preliminary plat; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and hereby approves the Woodland Crossings 3`d Addition Preliminary Plat, subject to the following conditions: 1. The Preliminary Plat shall conform to the plan set revised and stamped received on November 30, 2011. 2. The applicant shall turn off the water service that will not be used to serve the proposed lots at the main connection and cut off the copper line. 3. Park dedication for one unit shall be refunded in the amount of $2,944. 4. Trail fees for one unit shall be refunded in the amount of $671. 5. The developer shall be financially responsible for all improvements proposed as a part of the preliminary plat. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. 7. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 8. 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. 9. The plat shall be recorded in conjunction with a resolution vacating the existing easements on Lots 1 through 7, Block 1 of Woodland Crossings 2nd Addition. Adopted by the City Council of the City of Andover this day of , 2011. ATTEST: Michelle Hartner, Deputy, City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor ` NDOVEIZ� Incorporated 1974 Woodland Crossings 3rd Addition Subject Properties Location map /NN'� W E S 15936 1966 15914 15943 15929 15911 0 J m z 0 U) z a CA P LO r 1971 rn rn rn rn r Cn 00 CO 15827 15873 15858 158591585 15840 15844 1584115842 15826 15832 15831 15830 1583515832 1582715812 E 15820 15819 1581 158TH AV 1582115822 1581715798 15808 1580715806 —1580915810:/) 1580 15796 15797 15798 1579515796 1579 15784 15783 15786 LL 1578715788 15785 15770 15771 15772 M 1577515774 1577. 0 CI a 15760 15757 r 15758 1575715760 15761 57TH 7 157TH LN ~ Cfl 1950 0) ° CD CD V ° CO 00 (DLO �M � CO ti - ^ T X12 789 J Q Z >> U' sss' 15625 Z 6,� os � �s b °o f— Subject Properties Location map /NN'� W E S PID: 15 -32 -2 43 -00 ALL & STEPHE CLAG TT s w —=2aa w °gagg Sa PID: 15 -32 KELLY &TRY HYLA D ° c ,JUS N AZ o PID: 15 -32- JNCY 44 -0016 STEPHE & MCDONA B g \ �m n� "44-0016 PID: 15 32 -2 JOHN & KENN STEE is w t7 v o Ema10� E o ' .. 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Call to Order 2. Approval of Minutes —November 8, 2011 3. PUBLIC HEARING: Comprehensive Plan Amendment I 1 -01 to change the land use classification from Transitional Residential to Agricultural for the east half of PID# 28- 32 -24 -12 -0001. 4. PUBLIC HEARING: Rezoning 11 -01 to change the zoning designation from Single Family Rural Residential to Agricultural Preserve for the east half of PID# 28- 32- 24 -12- 0001. 5. PUBLIC HEARING: Preliminary Plat of Woodland Crossings Third Addition to convert six detached townhouse lots into five R -4 Single Family Urban Residential lots. 6. Other Business 7. Adjournment 0r,i ..�. LNDO 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 — November 8, 2011 DATE: December 13, 2011 Request The Planning and Zoning Commission is asked to approve the minutes from the November 8, 2011 meeting. .1 PLANNING AND ZONING COMMISSION MEETING — NOVEMBER 8, 2011 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Kirchoff on November 8, 2011, 8:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger (arrived at 8:42 p.m.) Commissioners Dennis Cleveland, Lynae Gudmundson, Valerie Holthus, Tim Kirchoff, Michael Olsen, and Devon Walton. Commissioners absent: None. Also present: City Planner, Courtney Bednarz Planning Intern, Andrew Liska Community Development Director, Dave Carlberg Others APPROVAL OF MINUTES. July 12, 2011 Mr. Bednarz stated he did not accept the changes presented by Commissioner Olsen as the recommendations did not accurately reflect his comments at the meeting. Commissioner Cleveland requested the word "site" be changed to "sign" on Page 7. Commissioner Olsen questioned if the tape should be further reviewed to have a verbatim depiction entered into the minutes and presented to the Planning Commission. Acting Chairperson Kirchoff stated it was his understanding the minutes were a synopsis of what occurred at the meeting. He asked if staff was seeking to make a change at this time. Mr. Bednarz explained the meeting minutes were to be a summarization of discussion that accurately reflects the decisions made with motions. Commissioner Olsen felt the minutes did not accurately reflect the actions taken at this meeting. He stated his intent was to say that a public hearing was not conducted on an ordinance adopted by the City. That was his main intent and should be reflected. Regular Andover Planning and Zoning Commission Meeting Minutes —November 8, 2011 Page 2 Commissioner Walton indicated all minutes were a summation of the meeting and exact detail could be reviewed through the online web streamed videos. He suggested the minutes contain a footnote reflecting that option is available. Commissioner Olsen clarified that the minutes; however, will eventually become an official document of the events that took place at the meeting.. Acting Chairperson Kirchoff expressed concern about approving the minutes with verbatim statements from Commissioner Olsen because every word would have to be reviewed. Commissioner Holthus indicated the minutes could be accepted by the Commission as submitted by the recording secretary and Commissioners vote for or against that motion. Commissioner Olsen stated his concern was that staff had indicated the proposed change to the ordinance was included in the documentation; however, it was not included. Mr. Bednarz provided a further explanation of how this issue was handled by the Council and indicated the minutes accurately reflected the events that occurred at the meeting. Motion by Walton, seconded by Gudmundson, to approve the minutes as originally presented by the recording secretary with a change on Page 7 changing "site" to "sign ". Motion carried on a 4 -ayes, 2 -nays (Olsen, Cleveland), 1- absent (Daninger) vote. September 13, 2011 Commissioner Cleveland indicated Page 1 should reflect that Commissioner Olsen had three pages of changes and not Commissioner Walton. Motion by Walton, seconded by Cleveland, to approve the minutes as amended. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote (Daninger). PUBLICHEARING: Variance (11 -03) to location and setback requirements of City Code 12 -6 -5 for existing accessory structure located at 2102142 "d Lane NW. Mr. Liska noted the purpose of this item is to hold a public hearing and take input on a variance request at 2102 142 Lane NW. Mr. Liska reviewed the proposed variance with the Commission. Commissioner Cleveland questioned the size of the existing structure as it was larger than allowed through the zoning code. Mr. Liska indicated the homeowner would need to apply for a building permit to bring the structure into compliance. J Regular Andover Planning and Zoning Commission Meeting Minutes — November 8, 2011 Page 3 Commissioner Gudmundson asked if the drainage and utility easement ran behind each property along 142 "d Lane. Mr. Liska stated this was the case. Commissioner Gudmundson inquired if the rear -yard fence was on the back property line. Mr. Liska stated the fences were on the rear property line within the easement. Mr. Bednarz explained fences are allowed up to the property line provided there are no underground utilities. Commissioner Cleveland asked if there were buried utilities under the accessory structure. Mr. Bednarz explained there were no utilities buried under the structure. Commissioner Holthus questioned if the previous variance standards would have allowed for this accessory structure. Acting Chairperson Kirchoff clarified the accessory structure ordinance had not changed, merely the variance review criteria. Commissioner Gudmundson inquired if a tree could be removed in the rear yard to allow for the accessory structure to be placed within the proper setbacks. Mr. Liska suggested this question be addressed with the applicant. Motion by Walton, seconded by Cleveland, to open the public hearing at 8:17 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote (Daninger). Ryan Dostal, 2102 142 "d Lane NW, explained the structure was built on September 17`h to assist with his family's immediate storage needs. He indicated a building permit was not applied for prior to erecting the structure. He apologized for that, but requested the building remain in its present location. The shed was presently tucked into the rear corner of the lot and moving it 10 feet forward would place it close to an outdoor patio/barbeque area. Mr. Dostal noted he spoke with all three neighbors abutting his property before placing the shed in the rear corner. He also received signatures from each of the three neighbors at the lot corner and had support from every neighbor on the placement and location of the shed. Mr. Dostal indicated the shed had a permanent paver slab underneath it presently. He noted the building was painted and trimmed to match the primary structure. Mr. Dostal requested the Commission allow the structure to remain in its present location. Ann Dostal, 2102 142 n Lane NW, asked that the existing pine trees be allowed to remain as this provided screening for the neighboring properties. Commissioner Walton questioned why the homeowner did not approach the City before constructing the shed. Mr. Dostal indicated he was aware a building permit was needed for larger structures and intended to apply for the permit. He understood there were rear yard setbacks, but after walking through the neighborhood and seeing a number of sheds in the same location, he proceeded. Mr. Dostal explained that every property owner Regular Andover Planning and Zoning Commission Meeting Minutes — November 8, 2011 Page 4 along 142 "d and homes behind his property signed a petition of support for the placement of the shed. Motion by Cleveland, seconded by Walton, to close the public hearing at 8:26 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote (Daninger). Acting Chairperson Kirchoff reviewed the criteria for approval with the Commission. Commissioner Gudmundson stated the structure was not in harmony with City Code as the shed was encroaching on the drainage and utility easement. She indicated the guidelines for approval of a variance were strict so as not to set precedence. Acting Chairperson Kirchoff indicated he was not opposed to the shed, but stated the Commission had to follow the City Code on this issue. Commissioner Walton commented the Commission had to follow the City Ordinances even if the neighborhood was supportive. Eventually a neighbor would move, and could be burdened by the structure. Commissioner Cleveland stated the request was inconsistent with the comprehensive plan due to the violation being caused by the shed as it encroaches on the easement. Acting Chairperson Kirchoff indicated accessory structures are a reasonable use of the property. The Commission agreed. Commissioner Gudmundson stated the shed could be moved to meet City Code. Acting Chairperson Kirchoff agreed explaining the hardship was created by the homeowner placing the structure in its current location. He felt the overall character or aesthetics of the neighborhood would not be changed with the shed. He apologized to the homeowners for the lack of support, but stated it is unlikely that the City would amend the ordinance for this request. Motion by Cleveland, seconded by Olsen, to recommend the City Council deny Variance 11 -03, the location and setback requirement variance for an existing accessory structure located at 2102 142nd Lane NW as it does not meet the variance criteria for approval within City Code 12 -14 -7. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote (Daninger). Mr. Bednarz stated that this item would be before the Council at the November 15, 2011 City Council meeting. PUBLICHEARING: Variance (11 -04) to side yard setback requirements of City Code 12 -3 -5 for house addition at 2067142 "d Avenue NW. F� Regular Andover Planning and Zoning Commission Meeting Minutes —November 8, 2011 Page 5 Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the variance request at 2067 142 "d Avenue NW. Mr. Bednarz reviewed the proposed variance with the Commission. Commissioner Olsen questioned when the home was built and what the setbacks were at that time. Mr. Bednarz stated the home was built in 1992 and the garage setback was six feet for the garage and ten feet for the house. Commissioner Olsen requested further information on the intent of the Ordinance as noted within the staff report. Mr. Bednarz stated this language was not within the City's Ordinance but was more descriptive and reflects planning practices from the American Planning Association. Commissioner Cleveland asked if there was an outlot adjacent to this property in 1992. Mr. Bednarz clarified that the property line location has not changed and that the 7`h Addition of Kensington Estates was adjacent to this property. Chairperson Daninger arrived at the meeting. Motion by Walton, seconded by Gudmundson, to open the public hearing at 8:42 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Jimmy Ray Tordy, Champion Home Improvements, indicated the homeowners were requesting a 12' x 16' foot sunroom. The applicants were seeking a two foot variance and the neighboring property supported the request. He stated when the home was built, the adjacent land was undeveloped. He explained the practical difficulty to be that a tremendous amount of reconstruction would be needed if the sunroom were added to the rear of the home, versus on the side. Commissioner Kirchoff questioned why the sunroom was not being added to the rear of the home. Pat Hayek, 2067 142nd Avenue NW, stated this area of the home had northern exposure and had little sunlight. Commissioner Walton asked when the deck was constructed. Mr. Hayek stated the deck was built in 1994. Commissioner Olsen clarified the sunroom would not have been allowed in 1994 given the setback standards both then and now. Motion by Walton, seconded by Cleveland, to close the public hearing at 8:47 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Acting Chairperson Kirchoff questioned if the request was in harmony with the purpose and intent of the ordinance. Regular Andover Planning and Zoning Commission Meeting Minutes — November 8, 2011 Page 6 Commissioner Walton stated the request was not in harmony with the intent of the ordinance because the porch did encroach on the side yard setback. Mr. Bednarz stated all variance requests do not meet ordinance requirements. He asked the commission to consider revising this finding. Acting Chairperson Kirchoff asked if the request was consistent with the City's Comprehensive Plan. He stated the sunroom would encroach 2'/2 feet into the side yard setback. Commissioner Gudmundson noted the two foot encroachment was a small amount but the City had to follow the guidelines. Acting Chairperson Kirchoff commented that with the addition of a sunroom the property owner was requesting to use the property in a reasonable manner. Acting Chairperson Kirchoff stated the property was a standard lot and topography was not an issue and there were no unique circumstances. Commissioner Gudmundson indicated the sliding glass door was placed on the side of the home for a future deck. Acting Chairperson Kirchoff questioned if the character and integrity of the neighborhood would be affected if the 10 foot side yard setback were encroached. Commissioner Olsen explained the sunroom would be an improvement to the property and did not feel the two foot encroachment would affect or take away from the character of the neighborhood. Acting Chairperson Kirchoff agreed with this statement. Commissioner Walton clarified that a permit was not pulled for the deck and that this created the problem. He apologized to the homeowners but stated he could not support the variance request. Motion by Walton, seconded by Gudmundson, to recommend denial of Variance 11 -04, of the side yard setback variance for a house addition at 2067 142 "a Avenue NW due to the fact the original deck placement did not match City setbacks and an application for a building permit would have identified the required setback. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the November 15, 2011 City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes — November 8, 2011 Page 7 WORK SESSION — COMMERCL4L DEVELOPMENT. Mr. Carlberg thanked the Commission for the in depth Commercial Development discussion held at the September meeting. He reviewed the desire from the Commission was to have 20% of the City's tax base be from Commercial/Industrial uses. The Commission recommended a retail market analysis of the City be completed. This information was passed along to the EDA and after a lengthy discussion the EDA directed staff to proceed with soliciting proposals to have a retail market analysis done. Mr. Carlberg indicated Staff researched and provided the Commission with information on the percentage of commercial/industrial properties in neighboring cities. Anoka, Blaine and Coon Rapids ranged from 30 -35% of their tax base being generated from commercial and industrial uses. Andover currently has 8.2% while East Bethel has 9% and Oak Grove has 5.2 %. He found the results to be typical for a four tier community. Mr. Carlberg stated he would report back to the Commission after the retail analysis was completed by the EDA. Chairperson Daninger asked how the Commission was to proceed this evening. Mr. Carlberg indicated the data provided this evening was for informational purposes. Additional feedback could be passed along to the EDA. Commissioner Olsen questioned where 20% came from. Mr. Carlberg stated this number was desired to assist with supporting the City and to reduce the burden placed on the residential taxpayers. This was a recommendation after speaking with a number of other communities. Commissioner Kirchoff felt this was a great goal. Commissioner Olsen struggled with how this percentage equated into acreage within the City. Mr. Carlberg stated the retail market analysis would review the current tax revenue generated from commercial properties and provide recommendations to the City on how much more property was needed to meet the 20% goal. It would also provide information on the type of retail attractions the City should be pursuing. Commissioner Kirchoff questioned if the market study would review how new development would affect the surrounding communities. Mr. Carlberg stated this was the case. Chairperson Daninger thanked the Commission for the healthy discussion of this issue and for providing a recommendation to staff. Mr. Carlberg stated Staff would continue to review the issue and would report back to the Commission when additional information was available. Regular Andover Planning and Zoning Commission Meeting Minutes — November 8, 2011 Page 8 OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz mentioned that Commissioners Walton and Kirchoff's seats on the Commission were set to expire at the end of December. He encouraged both to reapply for the position by December 9`h, along with anyone else interested, and that the Council would be interviewing all interested applicants. Mr. Bednarz stated a citizen survey was now available on the City's website seeking information on City services and programs offered. Mr. Bednarz updated the Commission on the conditional use permits discussed in September. He noted the Time to Thrift CUP was approved by the Council further limiting the outdoor display space and that all items displayed be non - combustible. The second CUP request from the Hughes Industrial Park was approved with additional landscaping to assist with screening. The building was presently under construction. Commissioner Cleveland indicated he was struggling with the variance requests presented to the Commission this evening, along with the new approval criteria. He questioned how future requests would be approved. Mr. Bednarz further reviewed the approval criteria with the Commission. Chairperson Daninger stated it was tough for the Commission to deny a case. He felt the Commission still had the ability to fill in the blanks and approve a request. Commissioner Olsen suggested a work session be held to assist the Commissioners with becoming more familiar with the new approval process. Commissioner Gudmundson agreed with this recommendation. The Commission further discussed variance cases in the past and the new approval process. Mr. Carlberg felt it would benefit the Commission to further discuss the variance approval process at a work session meeting. Mr. Bednarz stated that while a process could be created, the Commission would have to understand that each requests needed to be reviewed on a case by case basis. Mr. Carlberg suggested a 6:00 p.m. work session prior to the next Planning Commission meeting, scheduled for December 13`h The Commission was in favor of this recommendation Regular Andover Planning and Zoning Commission Meeting Minutes — November 8, 2011 Page 9 Chairperson Daninger reiterated that applications for the Planning Commission positions were available on the City's website. He noted that there were also openings on other Boards and Commissions within the City. He encouraged those interested to make application. Commission Olsen expressed concern with the passing and amending of Ordinances. He wanted to be assured that the Commission and City was consistent with current Code. He did not want to see the City creating a separate playing field for certain Ordinance amendment requests. He asked that this be discussed in a future work session in more detail. Chairperson Daninger did not feel the City was placing itself on a separate playing field. He requested Commission Olsen provide more notice to the Chair or staff prior to bringing up new meeting topics. Chairperson Daninger suggested the differences be discussed with Staff in detail prior to the next Commission meeting. Mr. Bednarz stated the Commission reviews cases and makes recommendations to the Council. However, not every request is brought before the Commission for comment. He asked that the Commission understand that the Council was the final acting body. Mr. Carlberg indicated he has worked on several Ordinance amendments as well that were not brought through the Commission for comment. He noted additional discussion could be held by the Commission at a future work session. Commissioner Olsen read City Ordinance 12 -4 -4 stating all proposed amendments shall be referred to the Planning Commission prior to adoption. The Planning and Zoning Commission shall hold a public hearing on the proposed amendment. He indicated this was quite cut and dry on how ordinance amendments should be handled. Chairperson Daninger suggested this issue be added to the December work session meeting. ADJOURNMENT. Motion by Walton, seconded by Kirchoff, to adjourn the meeting at 9:30 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Respectfully Submitted, Heidi Guenther, Recording Secretary Timesaver Off Site Secretarial, Inc. N 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners CC: Courtney Bednarz, City Planner FROM: Andrew Liska, Planning Intern SUBJECT: PUBLIC HEARING: Comprehensive Plan Amendment 11 -01 to change the land use classification from Transitional Residential to Agricultural for the east half of PID# 28- 32 -24 -12 -0001. DATE: December 13, 2011 INTRODUCTION The city has received a request from the property owner to enroll the subject property in the Agricultural Preserve Program. State law requires cities to designate land for agricultural use in their comprehensive plan as a prerequisite for enrollment in this program. DISCUSSION The Comprehensive Plan establishes criteria for review of amendments concerning a proposed land use change. These criteria are listed below with responses applicable to this request. 1. Conditions have changed since the present land use designation was established such to warrant the proposed amendment or the present land use designation is in error. Economic conditions have slowed residential development and there remains a significant amount of land that needs to be developed before this parcel would become a logical choice for development. Forecasts predicting the rate of residential development on the attached sewer and staging plan have not occurred in the time expected. 2. The proposed land use is compatible with surrounding land uses and with the goals, objectives and policies of the Comprehensive Plan. The proposed land use is compatible with surrounding land uses because the applicant has purchased the subject property to expand the adjoining farm. The surrounding properties are similarly utilized for agricultural purposes. 3. There is capacity of public systems, facilities, and services to serve the proposed land use and capacity of these systems to serve other planned land uses is not adversely affected. Conversely, municipal utilities are not available to serve the subject property and will not be available until a significant amount of land between the subject property and these utilities is developed. 4. Agreement can be reached for the applicant of the proposed land use to pay for any increased capacity of public systems, facilities and services required to serve the proposed land use. There would be no increase in the existing capacity of public systems, facilities and services required to serve the proposed land use. 5. Potential impacts by the proposed land use on natural resources including vegetation, wetlands, floodplain and other natural features can be avoided or sufficiently mitigated as determined by the City Council. The northerly portion of the property is presently farmed as shown on the attached aerial photograph. The applicant may also farm the southerly portion of the property. There are no wetlands on the site. 6. To ensure a transition or buffer between urban and rural residential zoning districts. The surrounding lands are presently utilized for agricultural purposes. Attachments Resolution Location Map Aerial Photograph Land Use and Zoning Change Detail Map Comprehensive Plan Figure 2.5 Sewer Staging Plan ACTION REQUESTED The Planning Commission is asked to evaluate the proposed land use change with the criteria established by the Comprehensive Plan listed above and make a recommendation of the City Council. Respectfully submitted, 9 Andr Liska Cc: Don Eveland 2575 Andover Boulevard NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE CLASSIFICATION FROM TRANSITIONAL RESIDENTIAL TO AGRICULTURAL FOR PROPERTY LEGALLY DESCRIBED AS FOLLOWS: That part of the Northwest Quarter of the Northwest Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota lying East of the West 660.34 feet thereof WHEREAS, the applicant has petitioned the City of Andover to enroll the subject property in the Agricultural Preserve Program; and WHEREAS, the Minnesota Statute 40A requires establishes criteria for land to be considered for the Agricultural Preserve Program, including designation of the subject property as agricultural; and WHEREAS, the City has established criteria for the review of changes to land use classifications and the proposed land use change satisfies these criteria as follows; 1. Economic conditions have slowed residential development and there remains a significant amount of land that needs to be developed before this parcel would become a logical choice for development. Forecasts predicting the rate of residential development on the attached sewer and staging plan have not occurred in the time expected; 2. The proposed land use is compatible with surrounding land uses because the applicant has purchased the subject property to expand the adjoining farm. The surrounding properties are similarly utilized for agricultural purposes; 3. Conversely, municipal utilities are not available to serve the subject property and will not be available until a significant amount of land between the subject property and these utilities is developed; 4. There would be no increase in the existing capacity of public systems, facilities and services required to serve the proposed land use; 5. The northerly portion of the property is presently farmed as shown on the attached aerial photograph. The applicant may also farm the southerly portion of the property. There are no wetlands on the site; 6. The surrounding lands are presently utilized for agricultural purposes; and WHEREAS, the Planning and Zoning Commission has conducted public hearing and recommends to the City Council approval of the amendment as requested; and WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding land, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: 1) Change the land use classification from Transitional Residential to Agricultural for the subject property. Adopted by the City Council of the City of Andover on this _ day of 2011. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor C I T Y 0 F NDOV,E.^ Location Map: PID# 28-32-24-12-0001 3140 r 4 '�Si3j3 2048 23M 1 2274 2226 1481] 3115 nm...... . 2663 ZU] 2763 um 286312923 1 2"I'l COONCREEK D23 26" M79 D37 M63 . ....... ... -'238]145Tjj AVE,. --23L4 --i 3021 2700 M36 1 um 2224 in7L z i -- .�I'i Cz 2320 j�' ;� vlzx -?2312'i�U t 2900 M36 1 21S 2�1 v22G. via 2M - �'22464 ' , I ? 623 nts, �3 14 31W i 1 f -L4298 3061 3045 3025 3005 2949 2929 2956 2836 281? 7 142.2 '\14274 - 24,'fij 142NDIN - - \�o 3030 � m —1 .1 1 ; t f , -,a NIR nL4 2058 2036 2814- L4� 275 MA 2987 nos WE i r • Y ,�� aJ1�`� r x'"33 =�:y� • �<<< � � � /y � \l Y� - >'1� 1_ `L1 � r 4.- Y� la`.• { y.._ ZIP JA �fF MM R`T l,?t.7r ' Y'�"`9 TY� ` _�N-5,rt 't ti- �5' ?4\ K Yx �f fi'7:.- r r CFi� s �� �� -a"w; yg_ �_ j� x � � ��" r• � � c L too t Y _ Al �!? /Xii%a_ I ... WON / /I�wmz„ r ,. �; �� i� r 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Plannel� SUBJECT: PUBLIC HEARING: Rezoning 11 -01 to change the zoning designation from Single Family Rural Residential to Agricultural Preserve for the east half of PID# 28- 32 -24 -12 -0001. DATE: December 13, 2011 INTRODUCTION The applicant is seeking a rezoning of land adjacent to his farm that was recently purchased to allow the land to be enrolled in the Agricultural Preserves Program. DISCUSSION As with all rezonings, the City must meet one of the two following findings that are provided by state statute: 1. The original zoning was in error. 2. The character of the area or times and conditions have changed to such an extent to warrant the Rezoning. The property is located within the Metropolitan Urban Service Area and also within the current stage of sewer expansion. However, times and conditions have changed as follows: 1. The expansion of municipal utilities to serve the subject property has not occurred as previously anticipated. 2. The subject property has been purchased by the adjacent landowner who has been enrolled in the Agricultural Preserves program for nearly 30 years. ACTION REQUESTED The Planning Commission is asked to consider the proposed rezoning and make a recommendation to the City Council. Attachments Proposed Ordinance Amendment Location Map R e mitted, y n Cc: Don Eveland 2575 Andover Boulevard NW L/ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE AN ORDINANCE AMENDING CITY CODE TITLE 12 -3 -4, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: City Code 12 -3 -4, The Zoning District Map of the City of Andover is hereby amended as follows: 1. Rezone land from R -1, Single Family Rural Residential to Agricultural Preserve on land legally described as that part of the Northwest Quarter of the Northwest Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota lying East of the West 660.34 feet thereof 2. The finding for the rezoning is that times and conditions have changed due to the fact that expansion of municipal utilities to serve the subject property has not occurred as previously anticipated and the subject property has been purchased by the adjacent landowner who has been enrolled in the Agricultural Preserves program for nearly 30 years. 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 2011. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy, City Clerk Michael R. Gamache, Mayor M N iVDOVER�` Incorporated 1974 Comprehensive Plan Amendment to change land use classification from Transitional Residential to Agricultural And Rezoning to change zoning designation from Transitional Residential to Agricultural Preserve N Affected Property Location map w- E S r C I T Y O F ,ND OVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO FROM SUBJECT: Planning and Zoning Commissioners Courtney Bednarz, City Planneo PUBLIC HEARING: Preliminary Plat of Woodland Crossings Third Addition to convert six detached townhouse lots into five R -4 Single Family Urban Residential lots. DATE: December 13, 2011 INTRODUCTION This preliminary plat would restore the single family lots created as part of the initial Woodland Crossings plat that were later converted to detached townhouse lots. The applicant has indicated that there is demand for single family lots in this development. DISCUSSION Conformance with Local Plans and Ordinances The property lies within the Urban Residential Low Density Land Use District and the R -4, Single Family Urban Residential Zoning District. The proposed lots are consistent with this land use classification and conform to the dimensional standards of the R -4 zoning district. Access The lots will be provided access from the existing Jay Street NW. Easements A separate Council action will vacate the existing easements created for the detached townhouse lots of Woodland Crossings Second Addition. The standard five foot side yard and ten foot front and rear yard drainage and utility easements for single family lots will be created with the proposed plat. Storm sewer has been constructed along the rear property lines to efficiently collect drainage and prevent the need for larger ponds and easements in the rear yards. Infrastructure Sewer and water stubs are available to serve the proposed lots. A condition of approval requires the extra water service be turned off at the main connection and the copper line to be cut off. This is important because the city is responsible for the water line from the water main to the connection point in the street. If the unused service was to fail at some point in the future, the city would have substantial and unnecessary repair cost. The developer has proposed to leave the unused water line as it presently exists. Homeowners Association The existing detached townhouse lots were added to the homeowners association for similar lots that are arranged around the cul -de -sacs to the east. An amendment to the association documents will be recorded with the plat to remove the lots from the association. 5 r LNDOVEA 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 Planned SUBJECT: PUBLIC HEARING: Preliminary Plat of Woodland Crossings Third Addition to convert six detached townhouse lots into five R -4 Single Family Urban Residential lots. DATE: December 13, 2011 INTRODUCTION This preliminary plat would restore the single family lots created as part of the initial Woodland Crossings plat that were later converted to detached townhouse lots. The applicant has indicated that there is demand for single family lots in this development. DISCUSSION Conformance with Local Plans and Ordinances The property lies within the Urban Residential Low Density Land Use District and the R -4, Single Family Urban Residential Zoning District. The proposed lots are consistent with this land use classification and conform to the dimensional standards of the R -4 zoning district. Access The lots will be provided access from the existing Jay Street NW. Easements A separate Council action will vacate the existing easements created for the detached townhouse lots of Woodland Crossings Second Addition. The standard five foot side yard and ten foot front and rear yard drainage and utility easements for single family lots will be created with the proposed plat. Storm sewer has been constructed along the rear property lines to efficiently collect drainage and prevent the need for larger ponds and easements in the rear yards. Infrastructure Sewer and water stubs are available to serve the proposed lots. A condition of approval requires the extra water service be turned off at the main connection and the copper line to be cut off. This is important because the city is responsible for the water line from the water main to the connection point in the street. If the unused service was to fail at some point in the future, the city would have a substantial and unnecessary repair cost. The developer has proposed to leave the unused water line as it presently exists. Homeowners Association The existing detached townhouse lots were added to the homeowners association for similar lots that are arranged around the cul -de -sacs to the east. An amendment to the association documents will be recorded with the plat to remove the lots from the association. 5 Park Dedication and Trail Fees The applicant previously paid park dedication and trail fees for the six detached townhouse units. The proposed plat contains five lots. The applicant is entitled to a refund of one unit of park dedication and trail fees at the rate they were paid with the previous plat. ACTION REQUESTED The Planning Commission is asked to review the preliminary plat and make a recommendation to the City Council. Attachments Resolution Location Map Preliminary Plat Plan Set ed, Cc: Woodland Development 13632 VanBuren Street NE Ham Lake, MN 55304 PA -:a, r 4 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WOODLAND CROSSINGS 3`d ADDITION" FOR PROPERTY LEGALLY DESCRIBED AS; Lots 1 through 7, Block 1 Woodland Crossings 2 "d Addition, Anoka County, Minnesota WHEREAS, Woodland Development has requested approval of a preliminary plat of Woodland Crossings 3`d Addition; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat and pursuant to the published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the Planning Commission has reviewed the request and recommends approval of the proposed preliminary plat; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and hereby approves the Woodland Crossings 3`d Addition Preliminary Plat, subject to the following conditions: 1. The Preliminary Plat shall conform to the plan set revised and stamped received on November 30, 2011. 2. The applicant shall turn off the water service that will not be used to serve the proposed lots at the main connection and cut off the copper line. 3. Park dedication for one unit shall be refunded in the amount of $2,944. 4. Trail fees for one unit shall be refunded in the amount of $671. 5. The developer shall be financially responsible for all improvements proposed as a part of the preliminary plat. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. 7. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 8. 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. 9. The plat shall be recorded in conjunction with a resolution vacating the existing easements on Lots 1 through 7, Block 1 of Woodland Crossings 2nd Addition. Adopted by the City Council of the City of Andover this day of , 2011. ATTEST: Michelle Hartner, Deputy, City Clerk CITY OF ANDOVER Michael R. 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