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HomeMy WebLinkAbout11/13/2012ANLb ' 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda November 13, 2012 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — October 23, 2012 3. PUBLIC HEARING: Revised Planned Unit Development Review of Parkside at Andover Station - Northeast quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota as Requested by the Andover Economic Development Authority — Revision is to allow two story single family homes as a building plan option. 4. Other Business 5. Adjournment tC I T Y 0.,i y 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 y (763) 755 -5100 FAX (763) 755 -8923 . WWW. CLAN DOVE R.MN.US TO: Planning and Zoning Commissioners FROM: David L. Carlberg, Community Development Director SUBJECT: Approval of Minutes — October 23, 2012 DATE: November 13, 2012 REQUEST The Planning and Zoning Commission is requested to approve the minutes from the October 23, 2012 regular meeting. PLANNING AND ZONING COMMISSION MEETING — OCTOBER 23, 2012 The Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on October 23, 2012, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Lynae Gudmundson, Valerie Holthus, Kyle Nemeth, and Steve Peterson Commissioners absent: Commissioner Michael Olsen Also present: Community Development Director Dave Carlberg Others APPROVAL OFMINUTES. October 9, 2012 Work Session: Commissioner Nemeth requested the following corrections: Page 2, paragraph 1: "These businesses would be able to operate 24 -hour continuous if they are listed as a pennitted use." Page 3, paragraph 9: "This way if businesses are not grandfathered in they would not be affected." Page 4, Paragraph 4: "Commissioner Olson stated there is a good argument for having continuous operation in a conditional use in the NB Districts. " Page 5, Paragraph 8: "Community Development Director Carlberg recommended the City get a written legal opinion regarding businesses being grandfathered in if they are currently operating continuously and the City changes this to a conditional use." October 9, 2012, Planning and Zoning Commission Meeting: Commissioner Nemeth requested the following correction: Regular Andover Planning and Zoning Commission Meeting Minutes — October 23, 2012 Page 2 Page 3, Paragraph 8, replace with: "Commission Olson stated MUSA is required to be hooked up if it's available." Motion by Cleveland, seconded by Nemeth to approve the minutes as corrected. Motion carried on a 5 -ayes, 0 -nays, 1- present (Gudmundson), 1- absent (Olsen) vote. PUBLIC HEARING. Amend City Code 1242 — to allow the "continuous operation" of a business as a permitted use in the Shopping Center, General Business and Industrial Districts and as a conditional use in the Limited Business and Neighborhood Business Districts. Community Development Director Carlberg noted the purpose of this item is to hold a public hearing and take input on a code amendment regarding the definition of "continuous operation" along with permitted and conditional uses. Mr. Carlberg reviewed hours of operation, allowed uses, and locations. He explained the proposed amendment would allow a business or industry the flexibility of deciding appropriate hours of operation, including holiday shopping hours. Mr. Carlberg referred to emails he received that will be shared for the public record as well. Commissioner Cleveland said the proposed amendment was to address the extension of holiday hours but is not listed in this amendment. Mr. Carlberg said in the shopping center and industrial districts if continuous operation is pennitted a business can operate 24 hours which is different than what is allowed today. He said adopting this amendment would allow Target to conduct a Black Friday sale for example by allowing them to set their own hours of business. Motion by Commissioner Cleveland, seconded by Commissioner Holthus to open the public hearing at 7:12 p.m. Motion carried on a 6 -ayes, 0 -nays, I- absent (Olsen) vote. Kevin Madden, 16476 Bittersweet Court NW, shared his concerns about giving the wrong message to new businesses. He said the amendment seems to be focused on the new Walmart. Mr. Madden referred to crime at Povs versus a new Walmart, adding Andover is a bedroom community and that customers shopping at 2:00 a.m. could be a good thing. He said Tanners and other restaurants are already open until 2:00 a.m. but if new businesses come in and utilize the 3:00 a.m. time Tanners would have to close. Mr. Madden referred to concerns about midnight showings at the movie theater as well. He noted that Walmart would employ many people, adding he understood the Coon Rapids Walmart is changing to a Sam's Club. He recommended businesses be allowed to be open 24 hours. Chairperson Daninger said he understands the concerns with specific businesses but noted the goal refers to continuous operations and is not business specific. Regular Andover Planning and Zoning Commission Meeting Minutes — October 23, 2012 Page 3 Steve Ferrell, 14934 Bluebird Street NW, said it is the government's responsibility to get out of the way of business and allow for growth for jobs. He said the City should focus on employing 400 people which Walmart will provide instead of worrying about being open for three to four hours. Mr. Ferrell said the City should give a general guideline for businesses but then stay out of the way, especially in this economy. Hugh Ward, 13350 Nightingale Street NW, said the City's vision statement has a lot to do with this topic. He read the statement, emphasizing quiet neighborhoods. He stated he lives a half -mile from the general business district and that while he has no problems with Walmart specifically, a 24 -hour operation would also be 365 days per year and that they should work within the limited hours outlined within the code. Mr. Ward said other Walmart supercenters such as Woodbury and Eden Prairie don't have 24 -hour operations, adding Andover doesn't need a 24 -hour restaurant. He said they chose Andover for the quiet neighborhoods, great schools, and leadership, and that he wants to maintain the sense of community. He stated there would be concerns as well with regard to adult businesses. Mr. Ward said he understands the demands on a 24 -hour store with traffic and activity and while shopping would be minimal overnight trucks are replenishing inventory seven days a week. He added Black Friday events shouldn't be all night either as they result in more fights within the stores. Chairperson Daninger asked staff to address the concerns regarding adult businesses and truck traffic. Mr. Carlberg explained the proposed definition address being open to the public and wouldn't prevent deliveries in any case. He stated that adult uses are regulated under a separate section of the code and this amendment would have no effect on adult uses as they are very highly regulated already. Andy Anderson, 13350 Jonquil Street NW, said that if a store is even open to the public people will still be working there whether residents like it or not. He said he owns an auto repair business and said we shouldn't limit businesses by limiting store hours. Mr. Anderson said if we start to close businesses we are moving backwards, adding businesses should be open as much as they can to be able to pay taxes and employ people. He said we have enough difficulty getting businesses into Andover without closing stores and encouraging them to locate in other cities. Nathan Munstennan, 1207 140t" Lane NW, said with the current definition the theater could be open until 2:00 a.m. for their midnight showings. He asked for a clarification on the continuous and non - continuous definitions. Mr. Carlberg said continuous operations refer to being open to the public for some portion of each hour of the day or for more than 5 hours from 11:00 p.m. to 7:00 a.m.; non - continuous operation closes to the public for at least 5 hours from 11:00 p.m. to 7:00 a.m. each day of the week. John Stoan, 2333 155t" Lane NW, said he agreed with the proposed amendment and that the City should not tell businesses when they can and cannot be open. He said businesses Regular Andover Planning and Zoning Commission Meeting Minutes — October 23, 2012 Page 4 in the neighborhood area could be open 24 hours now and asked if the City is considering 24 hours more for the commercial area with those businesses being closer to the neighborhoods through a special use permit. He said we all like our quiet neighborhoods but we designed commercial areas for heavier use. Mr. Stoan said he doesn't see anything wrong in this proposal as it encourages more businesses to come, adding since Andover is not on a major thoroughfare we need to be as flexible as possible to help alleviate taxes. Josephine Larson, 13527 Heather Street NW, shared her concerns about stores being open to the public 24 hours as it could allow students to purchase toilet paper for papering houses. Richard Carrol, 3384 South Coon Creek Drive, said he supports the 24 -hour continuous use to bring businesses to the City. Valerie Fetters, 3544 166`h Lane NW, said she believes the Planning Commission and City Council have done a great job taking care of the residents but that this has gotten out of control all because of Walmart. She said what's happened at Povs after hours was bad and supports the 24 -hour continuous use. Ken Madden, 16476 Bittersweet Court NW, asked if additional comments can be shared via email after the public hearing closes. Chairperson Daninger stated that while they will be closing the public hearing and making a recommendation soon to bring forward to the City Council he encouraged any resident to call or email staff during this time. Mr. Carlberg stated residents could email him directly and their comments will be shared with the City Council. Mr. Carlberg read into the record an email from Sandy Wessley, 2318 155`h Lane NW, who supported being open 24 hours as it is more business friendly. He also read into the record an email from Daniel Pettit, 12545 Swallow Street NW, stating the proposed amendment makes Andover more business friendly and that there aren't restrictions in other cities so Andover shouldn't tell businesses when they should be open. Motion by Commissioner Cleveland, seconded by Commissioner Gudmundson, to close the public hearing at 7:40 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Olsen) vote. Commissioner Nemeth inquired about the grandparent clause and if businesses are already 24 -hour operation in the Neighborhood Business District would they have to apply for conditional use permit (CUP). Mr. Carlberg said he had followed up with the City Attorney and said for example Anytime Fitness would be a legal non- confonning use but if they make a change in use or close for one year they would then have to conform. They could also have the ability to apply for and be granted a CUP to comply. Regular Andover Planning and Zoning Commission Meeting Minutes — October 23, 2012 Page 5 Chairperson Daninger stated he is comfortable with proposed amendment. When at the work sessions the Commission tried to come up with ideas, had lots of input and wanted to make it right for neighborhoods. He felt this was a good change and would support the amendment. Commissioner Holthus stated that in the work session she preferred the continuous hours of operation be permitted but require a CUP. She said this would be fair as it would identify criteria for conditions for continuous operation, similar to a variance request. She outlined some potential criteria including traffic, noise, and safety. Chairperson Daninger confirmed that she would prefer a CUP requirement across the board. Commissioner Holthus said that was correct. Commissioner Peterson agreed with Commissioner Holthus stating this seems to be an issue in the community. He said he was more for allowing 24 -hour operation but the emails and other input in the past was different. Commissioner Peterson said a CUP in all business districts doesn't restrict 24 -hour operation but allows for another layer of review for new Planning Commissions and new businesses coming to the City. Chairperson Daninger clarified that Commissioner Peterson would prefer a CUP requirement for all businesses. Commissioner Peterson said that was correct. Commissioner Gudmundson said she was not in favor of a CUP in warranted districts and was comfortable with the proposed amendment. Commissioner Cleveland said if we make this a conditional use in much less restrictive zoning areas we would be back to the beginning. He said we can always find a reason not to have something exist where we don't want it and depending on the current Council, some uses will be permitted and some won't based on their feelings and political bent. Commissioner Cleveland said if there are permitted uses then those issues go away and you let the business thrive or fail on its own and not because of the hours. He said he supported the proposed amendment. Commissioner Nemeth said he agreed with the proposed amendment to permit continuous operation in districts already zoned commercial and to allow businesses to operate 24 hours if they choose. He used the examples of CVS and County Market, stating that while Walmart may decide the same thing we will still give the businesses the opportunity to do what is good for their business. Commissioner Nemeth said goveriunent needs to get out of the way and that he doesn't want to be prohibitive but do the right thing within regulation. He stated he was comfortable with the proposed amendment. Chairperson Daninger summarized that four Commissioners were comfortable with the proposed amendment and two would prefer a CUP requirement. Regular Andover Planning and Zoning Commission Meeting Minutes — October 23, 2012 Page 6 Motion by Cleveland, seconded by Nemeth, to recommend to the City Council approval of an Ordinance Amending City Code to Allow for the Continuous Operation of a Business as a Conditional Use in the LB and NB Districts and as a Permitted Use in the SC, GB, and I Districts. Motion carried on a 4 -ayes, 2 -nays (Peterson and Holthus), 1- absent (Olsen) vote. Mr. Carlberg stated that this item would be before the Council at the November 7, 2012, City Council meeting. Chairperson Daninger summarized the process for this item and encouraged any further input could be forwarded to City staff. OTHER BUSINESS. Mr. Carlberg updated the Planning Commission on related items. Mr. Carlberg noted a work session will be scheduled at 6:00 p.m. on November 13 prior to the regular meeting at 7:00 p.m. He said if the two potential applications for the regular meeting are determined to be incomplete then staff suggests extending the work session until 8:00 p.m. to continue the review of the land use table. ADJOURNMENT. Motion by Cleveland, seconded by Gudmundson, to adjourn the meeting at 7:53 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- absent (Olsen) vote. Respectfully Submitted, Cathy Sorensen, Recording Secretary TimeSaver Off Site Secretarial, Inc. ND A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: David L. Carlberg, Community Development Director SUBJECT: PUBLIC HEARING: Revised Planned Unit Development Review of Parkside at Andover Station in the northeast quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. DATE: November 13, 2012 INTRODUCTION The Planning and Zoning Commission is asked to review the revised Planned Unit Development (PUD) of Parkside at Andover Station as requested by the Andover Economic Development Authority. DISCUSSION A revised preliminary plat and Planned Unit Development were approved by the City on September 18, 2012. The revisions allowed the construction of single family homes on 60 foot wide lots. The style of home approved was a split entry look out with a number of elevation options. The builder is now proposing to offer the option of two -story single family units in addition to the split entry style homes. The Planned Unit Development Standards will not be affected as far as lot width, depth, setback, etc. The proposed change is only related to the type /style of home to be built. Attached are color elevations of the proposed two story units. Staff Recommendation Staff recommends approval of the proposed amended PUD project subject to the conditions of the attached resolution. ACTION REQUESTED The Planning Commission is requested to recommend the approval of the revised Planned Unit Development subject to the conditions of attached resolution. Attachments Location Map Resolution Proposed Architectural Drawings Previously Approved Architectural Drawings Previously Approved Resolution R093 -12 Previously Approved Resolution R052 -05 Final Plat — Parkside at Andover Station Third Addition (11x17 in packet) Respectfully submitted, ;;b-4 j -, Omff � David L. 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NO R -12 A RESOLUTION AMENDING RESOLUTION R052 -05 TO MODIFY THE PLANNED UNIT DEVELOPMENT STANDARDS OF "PARKSIDE AT ANDOVER STATION" LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS: Lots 1 -17, Block 1, and Lots 1 -19, Block 2, Parkside at Andover Station Third Addition according to the recorded plat thereof, Anoka County, Minnesota; and WHEREAS, The Andover Economic Development Authority has requested approval of revised planned unit development standards; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on the revised planned unit development; and WHEREAS, as a result of such public hearing, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code 13 Planned Unit Development and the intent of the previously approved preliminary plat; and WHEREAS, the Planning Commission recommends to the City Council the approval of the revisions to the planned unit development. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover does hereby agrees with the recommendation of the Planning and Zoning Commission and approves the revised planned unit development of Parkside at Andover Station, with the following conditions: 1. All previous conditions of Resolution R052 -05 and Resolution R093 -12 not modified by this resolution shall remain in effect. 2. The building elevations shall generally conform to the drawings stamped received November 7, 2012. Adopted by the City Council of the City of Andover this 20th day of November, 2012. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk Proposed Elevations Lo (Q I-C «� . �` Y YFri. iA' �. �. �: ��'r�.y � � ac +� ♦ ♦♦ � r" i { � � u. .� r , .'.r , � t < `} 1t(� ri } u.�: P � �..�.. _�. �: c 1' i L {{,,�PYjy�..�. t'! 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I BEDROOM �•I•G•� 12-0 x 14-6 I 'I I Approved Elevations MY 3r , :r .. mot Cordova Main Level DINING KITCHEN 9 -5 x 11 -8 9 -0 x 11 -i3 ISLAND w/ ; SNACK BAR PANTRY, BEDROOM #2I BEDROOM #3 9 -11 x 9 -2 9 -11 x 9 -2 -------LTED --------- - - - - -� VAU � LIVING ROOM F:�:] I� OATH m1s!' i �� �� Il WALLS LEDGE MASTER BEDROOM 12 -0 x 10 -6 GARAGE 30 -0 x 22120 -0 r- --- -- ---- - - -- -� 3 Cordova Lower Level 20-1 x 17 -9 FUTURE FAMILY ROOM 13 -4 x 6 -8 i FUTURE BEDROOM 14-2 x 111 -4 CRAWL SPACE 4 314'' 5 -O 8 -3; UNFIN. LA ID N D,/ UTIL- 1 1 -U x 12 -10 �� ���"��•6 •.-� ,�_ ��� � .. � ,r4��i ;/ .+/ . ' __ � �. .. .- [__ ...._..� t .- --.- � ._ ... ,. _T ,� .. �., Y.�. , � ,w..al - _... .... ._.. �- y .. � _ � ✓ • _- ` .1� ` �, F� __ 1 y {- ) r' ��ll Cheyenne Main Level BEDROOM #3 I BEDROOM #2 12 -0 x 10 -8 10 -0 x 13 -0 W.I.C. II5x4-0 X/ MASTER SUITE I3 14 11 -6 x 12 -2 5-0: 10 -I GARAGE 2II -0 x 22120 -0 ------ - - -- -- I I I I ' I I KITCHEN DINING 10 -9 x 10 -6 x 12 -6 12 -B i ISLAND w/ SNACK BAR PANTRY ----------------- Di NT VAULTED LEDGE HALF WALLS ------- - - - - -- LIVING ROOM 14-3 x 14 -6 FOYER 9 -0 x 7 -6 Cheyenne Lower Level I FUTURE BEDROOM 11 -2 x 12-0 I F��U/TURE 1 ■� ' .I.C. 17 -8 x 5-61 9 -11 x 17 -10 --------------------- FUTURE FAMILY ROOM 20 -9 x 14-3 R. 1• UP UNFIN.� ?/A -- UTIL. _o ][ LAUND. - 16.0 x 9 -2 ' `: 9 -2 -- -;n = =� == -- nn - 7 CRAWL SPACE 13 -6 x 10 -1 ,Y f ? S C�� a �CI il/ { ,t F h y`s s �4 h° 0. VJ 4 ;. r ' } 2 i �h Y t �i i s Holland Front Elevation A Holland Front Elevation B rii I IF 10 Holland Main Level DINING KITCHEN BEDROOM #2 11 -3 x 12 -8 10 -9 x 12 -8 10-6 x 12 -7 ISLAND Wl SNACK BAR VAULTED S' WALLS WALLS LIVING ROOM 14 -11 x 14 -0 7 -9 x 7 -6 /BATH 10-8x!,L \/ 1 "314 /\ 10 -8 x BEDROOM #3 114 x 11 -1 MASTER SUITE 13 -7 x 13 -0 GARAGE 30 -0 x 22120 -0 r-- ----- --- ---- -� I � � I 1 I 1 I 1 12 1 I 1 I I I I 1 I I Holland Lower Level r----------------------------------------------- I FUTURE 32-6 x 14-10 BEDROOM 12-6 x 12-4 FUTURE FAMILY ROOM -'7 R.I. UNFIN. U 3/4!: UTILN 14-0 x 7-5 9-2 18-8 x 9-2 LAUNDA EC-- CRAWL SPACE 13 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R093 -12 A RESOLUTION AMENDNG RESOLUTION R052 -05 TO MODIFY THE PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT STANDARDS OF "PARKSIDE AT ANDOVER STATION" LOCATED N SECTION 341 TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS: Lots 1-5, Block 1, and Outlots A, B, and C, Park-side at Andover Station 2nd Addition according to the recorded plat thereof, Anoka County, Minnesota and; WHEREAS, The Andover Economic Development Authority has requested approval of a revised preliminary plat and revised planned unit development standards; and WHEREAS, the Andover Review Committee has reviewed the revised preliminary plat; and WHEREAS, pursuant to published and tnailed notice thereof,, the Plamning Commission has conducted a public hearing on said preliminary plat; and WHEREAS, as a result of such public hearing, the Planning Commission has reviewed the request and determined that said request meets the criteria of City Code U Planned Unit Development and the intent of the previously approved preliminary plat; and WHEREAS, the Planning Commission recommends to the City Council the approval of the preliminary plat, and; NOW. THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the revised preliminary plat and planned unit development review of Parkside at Andover Station, with the following conditions: I . The Preliminary Plat shall conform to the plans revised August 29, 2012 and stamped received on August 30, 2012. 2. Exhibit B shall regulate the lot dimensions and setbacks for the proposed development. The development shall conform to City Code Titles 1 I, 12, and 13, as well as Exhibit B "Parkside at Andover Station Design Standards ". Exhibit B shall regulate when in conflict with the City Code. 4. All previous conditions of Resolution R052 -05 not modified by this resolution shall remain in effect. �. The developer obtains all necessary permits from the Coon Creel: Watershed District, DNR, Corps of Engineers. LGU. it'IPCA, and any other agency that may be interested in the site. 6. Park dedication and trail fees have been satisfied by the Andover Economic Development Authority in the development of the Andover Station North ball fields located to the north of the project and other related site amenities. 7. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 8. The conservation easement shall be vacated prior to the recording of the final plat. Adopted by the City Council of the City of Andover this 18th day of September, 2012. CITY OF ANDOVER ATTEST` j 1 M`Iolelle Hartner, Deputy City Clerk MIchael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO R052 -05 A RESOLUTION APPROVING THE PRELIMINARY PLAT WITH PLANNED UNIT DEVELOPMENT REVIEW OF "PARKSIDE AT ANDOVER STATION" FOR PROPERTY LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, DESCRIBED AS IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 32 RANGE 24, ANOKA COUNTY MINNESOTA AS SHOWN ON THE ATTACHED PRELIM NARY PLAT WHEREAS, Bruggeman Homes has requested approval of a preliminary plat with Planned Unit Development Review of Parkside at Andover Station; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code 13 Planned Unit Development with the following findings: 1. The project is efficiently designed and preserves space to provide common open space, preserve trees, implement an attractive landscaping theme and provide buffering from the single family neighborhood to the west. 2. The project provides pedestrian connections that will match the design standards established for Andover Station. 3. The project provides an attractive strcetscape through the arrangement of structures, landscaping, lighting and trails. 4. The structures provide quality architectural design and low maintenance materials that will reduce maintenance costs and allow the project to remain attractive and well maintained into the future. WHEREAS, the applicant has requested approval of a variance to City Code 11 -3 -3G. to allow a street terminating in a cul -de -sac to exceed 500 feet in length; and 'WHEREAS, the Planning Commission recommends approval of the variance based on the following findings: 1. A loop street providing a second access point will be completed as a public project at the time the community park to the north is developed. WHEREAS, the applicant has requested approval of a variance to City Code 9 -1 -4, to allow similar structures within 300 feet of one another; and � ,MEREAS, the Planning Commission recorrunends approval of the variance based on the following findings: 1. The proposed project has been designed to provide two types of housing and arranged to provide some variety within a unified overall theme. This design utilizes similar materials to reduce maintenance costs to allow the project to remain attractive and well maintained into the future. WHEREAS, the applicant has requested approval of a variance to City Code 11 -3 -3. to allow lots with less than 100 feet of buildable lot depth and lots with less than 116.5 feet of buildable lot depth adjacent to wetlands ; and WHEREAS, the Planning Commission recommends approval of the variance based on the following findings: 1. These standards were established to allow sufficient rear yard space for single family developments. The design of the proposed units, the relationship of lot boxes to common open space and reduced setbacks result in a different kind of neighborhood design. 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, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Preliminary Plat with Planned Unit Development Review, with the following conditions: 1. The Preliminary Plat shall conform to the plans revised January 28, 2005 and stamped received on February 23, 2005 except to be modified as follows: a. To create a separate.:lot of record between the rear yards of Lots 1 -10, Block 2 and the side yards of Lots 11 -33, Block 2 to be owned by the homeowners association for recreation purposes for all owners within said association. 2. The development shall conform to City Code Titles 11, 12, and 13, as well as Exhibit B "Parkside at Andover Station Design Standards ". Exhibit B shall regulate when in conflict with the City Code. 3. Exhibit B shall regulate the lot dimensions, setbacks, area identification sign and landscaping plan for the proposed development. 4. A variance to City Code 11 -3 -3G. to allow a street terminating in a cul -de -sac to exceed 500 feet in length is hereby approved. 5. A variance to City Code 9 -1 -4. to allow similar structures within 300 feet of one another is hereby approved. 6. A variance to allow lots with less than 100 feet of buildable lot depth and lots with less than 116.5 feet of buildable lot depth adjacent to a wetland is hereby approved. 7. 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. S. Park dedication and trail fees shall be based paid on a per unit basis at the rate in effect at the time of preliminary plat approval. This payment shall be based on the number of units on the final plat(s) and shall be made prior to the City's release of the final plat(s). 9. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 10. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. 11. A property owners association shall be created with the following documents provided to the City Attorney for review and approval prior to being recorded with the final plat in accordance with City Code 11 -2 -3: a. Articles of Incorporation b. By -laws of the association c. Declaration of covenants, conditions and restrictions regulating the properties, exterior maintenance of the homes and maintenance of the common areas. Adopted by the City Council of the City of Andover this 15 t day of March, 2005. CITY OF ANDOVER ATTEST: f� Victoria Volk, City Clerk XAichael R. Gamache, Mayor Parkside at Andover Station Preliminary Plat Resolution EXHIBIT B Parkside at Andover Station Design Standards 1) The lot sizes and building setbacks shall conform to the Preliminary Plat drawing revised The Preliminary Plat shall conform to the plans revised January 28, 2005 and stamped received on February 23, 2005. 2) The building elevations shall conform to the drawings dated January 3, 2005 and stamped received January 3, 2005. 3) The Landscaping Plan shall conform to the plan revised January 28, 2005 and stamped received on February 23, 2005. 4) The area identification sign shall conform to the following Entry monument Detail. F- 3 �q a£ zn b< Y n a` n zi li 5`0 C) eo I� �C 0 ^ I 1 I♦ %� I Fl "\ PARKSIDE AT ANDOVER STATION THIRD ADDITION CITY OF ANDOVER \ COUNTY OF ANOKA ��b � R=�IZ 34, Sec. 34, T. 32, R. 24 .!� Awho County Mmumnt lwrtn 0.,e,tr C 'he KNOW ALL PERSONS BY T7� PIB�l15. That An a Econede Dewkpmrd Authoft a body Corporate and polta ender Bar law of tM Slab of Wieobq fns owr 01 the le/eeMl doomed -T \ V 1 I C A4� d0 i I N�Y 4 A / n T/ I h /yV A� ! I I A T \f11T1/lA 1 1/�V VI I IV =V 0 p 90-0'00' 1 t.its.3e ___J e.aTZ'3a• _ 57 Nfl�� � —' --- tr08'a4'32' tin ! �- � =199.9 ! � f Rr980.50 r' ! p 11'4105' ry ! n / I Tl ! 1'7 I, Ir — I' I 889'O6'38"E Law of the No ..t Waiter of be Nor -, O On, hSoufh lJne of WTLOT A PMKSIDE AT ANDOVER STATION MO AWflO south Waiter came,. saenn 34. i— TownehIP 32 Ranpe 24 wV'i Anoka Canty Monument MWrty Outlet A Outlet & Outlol C. tats 1 ! 2, Seek 1, PARI�GE AT ANDOVER STATION 2ND ADDITION, Mob Canty, MI nweba, and that part N Wl 3. Seek 1. PAPo(SIOE AT ANDOVER STATION 24D ADSTIOA Ands Colml% Ilkllteeato. IyNa aaetaly aT Me east" 1313 dnt Oared. AND Crpelan Howe, Inc, a MMnowto espadin. 1wa oenr of the foloekp daaorbd proprlp Theft pat of let 4. Seek 1, PANISDE AT ANDOVER STATION 2ND ADDITION, Aoeka CanntR YMleeote, W9 eeRaly aR the enbNy ll 4 feet Mawr. Together of 101 ewlerly 1313 teat w tat 3, add SarA 1. AND Let 3, by VW MM the ewNly L34 Feat of let A all b Seek 1. PAFI AT ANDOVER STATION 210 AOSIIMA Mob Cwed,; kMwnwolu. NON Me earns to N rerwled and plotted w PARNSOE AT ANDOVER STATION THIRD ADD" nd der hrahy dodedo to 9N Pdela ft p,ABe we Me drainage and Utllty eaaenarb w Mow n In amen olnreef Wd MwwT EodwNa "opnent AwVwffA a body COlprafe and pdNb under Me low M MI St4b of UkvmdR hn onud Mew pso nb to b fumed by b pmW a1BCr Mb _ 4ey of 2012 MIDOVER ECENWO wiaoFmw AOIHOOM Ukh" R Camaehk as PreeWnt Jrnw Dlddleom w beano DkwW STATE OF MINNESOTA OOINTY OF We IV,tn a nt sow xlnodadped baton m• Mfe a day of .22 by Michael R G % as Pneknt, ad Jar. Dickinson, w EaeatM Director o Mdoua Eeawnb Darpmt AuMaNR a mnwoto C uon. n df w M_ M Ndry Pddic Mknewob It oammWbn olpbw In wNnew eAawf xW rgwtone Names, Inc.. a Mimeeota mpereNm, ha mood Mew p to to be elpad by Be pope eMkr this _ day of 2012 CAPSTOW NCLIM MD. TreaaFr Barry Onukvek STATE OF MINNESOTA COUNTY OF We Mwbuma,l wm aeknaMedped bwlon mo this _ day d . 2012 by Berry O %d4 no Teaanr of OWvfans Nana In ., a MMnewcla oarpraOrV n brAdt a the eerpaaDan. Neby Ptl: Innswb MY eammi>elan elpyw I Oariee R Oln.tVu eon do hereby cagy that 014 pat waa yyrepaed by me or under myy d�kect WprdelaK that I an ddy tleneed Wed Erawyur M Ma Stab of Imnnda Mal MN plot M a nlTacl rynwnlatbn A Me boundary eurwlC that ek maMernsUCd dale nd labna erns aarectlY ewgnated on We plot Mal d nwamnb depicted n MM plat fiaue ben. or ell be mmcUY Set eNfiF ne a d labeled a M plat. b nodes nor wt Inds, n armed h Mmnwete sbWta Seetln i0S.111. SLD0. J, w of Ma dob of Mb crVOnte va therm end IekMd on We plat and dl public naye are them Doted Mb _ day of . =12 . STATE OF MINNESOTA OOR/TY OF ANCKA We EaWmnl .ore o&.noldpad bfarw Im MY _day of modes R Chh ones, Livened Wnd Smvo)w minmoo , llnnw Na 18420 1012 by modes R. CJvhlof, er. v Not my Puck. Mmne -to MY oanmheton e:= Jonuery 31, M13 Oty Cnncl, Qy of Mdowr. Lmweoto We Pat of PAWWX AT ANDOVER STAMCYI THIRD ADDITION Yoe appowd and aenptod by the City Conel of the CRy of Andown Mkrnesota at a rwulor meem0 Maeof find W. __ day of 201], end sold pat h In nmplanoe elth the eaNelwn of Mbneeota Statutaa, Section 50363 Subd. 2 Oty Co 11. My of Mdowr, MMrneob By : . Mortar By : perk MOKA DDJNTY SLRVEyOR I hereby owdly that In mooadonu wm Minnesota Statutm Sedan 505.021, Subd 11, Into Not hoe been rwdeeed n4 approved MM _ D. Hdum, M o Cwnly Sawyer For the purpoew of Mh plat Me eeel One of OU1LOT A PARKSIDE AT ANAtlrER STATION 2ND AOOITICN h ae.d to bear SOOlJrN K. O Dnotw 1/2 bek by 14 Inch Men mnumnl wt arW marked wf h Mbnesela M. N. 18420. • Onotee food ion mmumnl ® Denotes Mob Carry Coral ion Mnumsot DRANAM ADD UTUTY FASEEIENTS ME SHOFN THUS I I i L___i Bebq 6 feel P MdM ond adid.bg at INK and 10.00 feet In width nd un/athe a orrhv shoon n thin plat. day T 50 0 50 100 SCALE IN FEET 1 INCH = 50 FEET