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HomeMy WebLinkAbout05/10/20161685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda May 10, 2016 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes — April 12, 2016 Workshop and Regular Meetings 3. Public Hearing: Interim Use Permit — Land Reclamation - Winslow Woods 2 °d Addition — BL Holdings, LLC 4. Public Hearing: Concept Plan/Planned Unit Development Plan Review —16473 Crosstown Blvd - Metrowide Development, LLC 5. Other Business 6. Adjournment 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: I Planning and Zoning Commissioners FROM: Stephanie L. Hanson,'City Planner SUBJECT: Approval of Minutes —April 12, 2016 Workshop and Regular Meetings DATE: May 10, 2016 REQUEST The Planning and Zoning Commission is requested to approve the minutes from the April 12, 2016 workshop and regular meetings. V 2 3 4 5 6 7 8 PLANNING AND ZONING COMMISSION WORKSHOP MEETING — 9 APRIL 12, 2016 10 11 The Workshop Meeting of the Andover Planning and Zoning Commission was called to 12 order by Chairperson Daninger on April 12, 2016, 6:00 p.m., at the Andover City Hall, 13 1685 Crosstown Boulevard NW, Andover, Minnesota. 14 15 Commissioners present: Commissioners Timothy Cleven, Scott Hudson, Bert 16 Koehler IV, Kyle Nemeth, and Jeff Sims 17 18 Commissioners absent: Steve Peterson 19 20 Also present: Community Development Director Dave Carlberg - 21 City Planner Stephanie Hanson 22 Associate City Planner Brett Angell 23 Others 24 25 26 DISCUSS ANIMAL CONTROL REGULATIONS 27 28 Associate City Planner, Brett Angell, reviewed the draft ordinance, City Code 5 -1E, with 29 the Commission. Staff updated multiple sections of the ordinance based on direction 30 given from the Commission at the March 8, 2016 meeting and by an attorney. The focus 31 of the updates in the ordinance was to address nuisances, proper animal care, and humane 32 treatment and restraint of animals. The ordinance was changed to make it a petty 33 misdemeanor, so it is a fine and residents do not have to appear in court. 34 35 Chairperson Daninger stated that if the ordinance was approved, it would go to the City 36 Council. 37 38 Commissioner Nemeth asked what would be defined as animals "fighting." Mr. Angell 39 stated that he pictured two cats. 40 41 Commissioner Nemeth asked for clarification if bird feeders would be exempt and 42 wondered about the feeding of deer. Commissioner Cleven replied that he believed it is 43 against State law to feed deer, except during hardship periods. In general, residents are 44 not allowed to feed wild animals, if they are, they are already in violation. 45 Andover Planning and Zoning Commission Workshop Meeting Minutes — April 12, 2016 Page 2 1 Mr. Carlberg indicated that he would double -check on the law related to recreational 2 feeding of wild animals. Commissioner Koehler stated that if there is a State law about 3 feeding wild animals, he would like to see that removed from the City ordinance, as there 4 are reasons not to reiterate State law. Commissioner Cleven stated that he believed the 5 State law related specifically to deer. 6 7 Commissioner Sims inquired as to who would issue the ticket. Mr. Angell stated that it 8 would be an Anoka County Sheriff on behalf of the City. 9 10 Chairman Daninger asked for clarification regarding the feeding of wild turkeys. Mr. 11 Carlberg stated that the intent of the wording of the ordinance is to allow for the feeding 12 of smaller birds (e.g. chickadees, nuthatches). 13 14 Commissioner Cleven asked about how the noise level would be measured. Mr. Angell 15 stated that it would be up to the discretion of a neighbor or law enforcement as to whether 16 or not it is a nuisance and that there was no way of putting a decibel level in the 17 ordinance. Commissioner Koehler noted that that was addressed in the case of the Target 18 loading dock. Chairman Daninger stated that the intent is that when the Sheriff goes out, 19 he can enforce it. 20 21 Commissioner Koehler asked about larger animals like horses and if that was intended to 22 be addressed by this ordinance. Mr. Angell stated that large animals are handled 23 elsewhere in the City Code. 24 25 Commissioner Sims asked about the circumstance whereby a dog was barking in the 26 house. Mr. Angell stated that is covered under the dog code. 27 28 Chairman Daninger recommended moving the ordinance forward to the Council for their 29 approval. 30 31 Commissioner Koehler asked for clarification regarding the cleaning of feces and if 32 anything more needed to be stated related to the cleaning up of feathers or the material in 33 which the birds bed down. Mr. Carlberg stated that this is covered under Section A of the 34 ordinance. 35 36 37 DISCUSS SOLAR ENER GY SYSTEM REGULA TIONS 38 39 Mr. Carlberg reviewed the revisions to the draft ordinance on solar energy systems based 40 on the discussion at the March 8, 2016, Planning and Zoning Commission meeting and 41 additional research by staff of other city's regulations. He noted that under the ordinance, 42 ground mounted solar energy systems would be allowed in an R -1 District as a permitted 43 accessory use and roof mounts would be allowed in all zoning districts. The ordinance 44 would state that no solar energy systems shall be interconnected with a local electrical 45 utility until the utility has reviewed and provided written approval for the interconnection Andover Planning and Zoning Commission Workshop Meeting Minutes - April 12, 2016 Page 3 1 and then it would need to comply with the City Code and the Minnesota state building 2 code. Another element of the ordinance would be that aesthetically, the system would 3 need to blend into the architecture of the building to the extent possible without 4 impacting the function of the system. The ordinance would also address glare to adjacent 5 buildings, properties and roadways. Panels would need to be the same pitch as the roof 6 or 5% or 10 inches'above and cannot extend beyond the perimeter of the walls. As for 7 ground mounting systems, they would be limited to: the rear yard, 400 square feet in 8 size, 15 feet in height, have a setback of 10 feet, and require screening in accordance with 9 the City Code. 10 i l Commissioner Cleven asked for a change regarding the draft ordinance's requirement of 12 being labeled as approved by third parry testing agencies, such as Underwriters 13 Laboratories, Inc. and suggested deleting "and to" after "comply," which would allow for 14 other reputable agencies. He stated his view that if a system was abandoned after 12 15 months, it would have to be taken down. 16 17 Mr. Carlberg stated that there was no time frame for enacting the ordinance. One request 18 for a system had been approved. 19 20 Commissioner Cleven suggested that where the ordinance states "all utilities shall be 21 installed underground," there should be an addition that clarifies that would be "for 22 ground- mounted systems." 23 24 Mr. Carlberg stated that the ordinance would apply to both flat and pitched roofs, as well 25 as both commercial and residential properties. 26 27 Commissioner Cleven expressed concerns related to pitch on a flat roof, as panels require 28 height. He stated that he questioned whether or not a 5% pitch would create enough of an 29 angle to be an effective system. Mr. Carlberg stated that he would look further to identify 30 what would be needed to allow for more sun exposure on flat roofs, siting Arbor Oaks as 31 an example of a building with a significant amount of equipment on the rooftop. 32 33 Commissioner Cleven stated his belief that more businesses would be looking at solar 34 energy to save on future energy costs. 35 36 Chairman Daninger encouraged the Commissioners to think about commercial buildings 37 having a football field sized roof. He stated.his belief that businesses could have as many 38 panels as they want, as long as they were not visible. He did note the challenge of when 39 the road is higher than the building and so more of the roof is visible. 40 41 Commissioner Cleven noted that commercial buildings have large air handlers on the 42 roofs already and that solar panels would be set up in rows, so they would have to have 43 an angle to them to be effective. 44 Andover Planning and Zoning Commission Workshop Meeting Minutes —April 12, 2016 Page 4 1 Commissioner Nemeth asked about regulations around battery storage related to solar 2 systems. Mr. Carlberg confirmed that no cities are saying anything about storage 3 batteries and that Fred Patch, Building Official, feels that the Code will provide the 4 appropriate guidelines. 6 Commissioner Nemeth inquired about required electrical inspections. Mr. Carlberg 7 responded that the City has its own inspector under contract who also works for the State. 9 Commissioner Nemeth asked for clarification regarding permits and the costs involved. 10 Mr. Carlberg confirmed that it would be based on a valuation. 11 12 Commissioner Cleven indicated that there have been a lot of fires especially when 13 installed by residents themselves. He stated that the inspector can share the Code with 14 residents that want to do the installation work themselves. 15 16 Commissioner Nemeth stated that he would personally like to send this up to the 17 Minnesota Department of Labor and Industry, because there is a desire to make sure the 18 topic is well covered in the ordinance. Mr. Carlberg responded that this is really the 19 City's jurisdiction. 20 21 Commissioner Hudson recommended the use of the word "appropriate," rather than 22 written approval. He also wondered how it would be determined if a solar system is 23 abandoned. Mr. Carlberg stated that it would likely come up if a neighbor called or 24 through an inspector. 25 26 Commissioner Koehler recommended something be added to the ordinance that addresses 27 how the damage needs to be repaired or removed if a system is inoperable. 28 29 Commissioner Cleven stated that if one panel is down, a system loses much more than 30 the percentage of energy that that one tile represents. He also noted the requirement to 31 meet with the utility. 32 33 Chairman Daninger expressed his belief that the solar system should be used for the 34 benefit of the onsite property, unless it is connected to the utility. 35 36 Commissioner Koehler noted that a solar system can be utilized for heat exchangers for 37 pools, and this would require a permit. 38 39 Chairperson Daninger recommended that the ordinance come back to another workshop 40 meeting and be reviewed again and allow more time for discussion. 41 42 43 OTHER BUSINESS 44 45 Mr. Carlberg updated the Planning Commission on related items. 1 2 3 4 5 6 7 8 9 10 11 12 13 Andover Planning and Zoning Commission Workshop Meeting Minutes — April 12, 2016 Page 5 ADJOURNMENT Motion by Nemeth, seconded by Cleven, to adjourn the meeting at 6:55 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Respectfully Submitted, Marlene White, Recording Secretary TimeSaver Off Site Secretarial, Inc. ti I 1 2 3 4 5 6 7 8 PLANNING AND ZONING COMMISSIONMEETING — APRIL 12, 2016 9 to The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was 11 called to order by Chairperson Daninger on April 12, 2016, 7:00 p.m., at the Andover 12 City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. 13 14 Commissioners present: Commissioners Timothy Cleven, Scott Hudson, Bert 15 Koehler IV, Kyle Nemeth, and Jeff Sims. 16 17 Commissioners absent: Steve Peterson. 18 19 Also present: Community Development Director Dave Carlberg 20 City Planner Stephanie Hanson 21 Others 22 23 24 APPROVAL OFMINUTES. 25 26 January 13, 2016 Workshop 27 28 Motion by Koehler, seconded by Nemeth, to accept the minutes as presented. Motion 29 carried on a 2 -ayes, 0 -nays, 4- present (Hudson, Daninger, Cleven, and Sims), 1- absent 30 (Peterson) vote. 31 32 January 13, 2016 Regular 33 34 Commissioner Nemeth requested on page 2, sentence 19, that the word "antennae" be 35 corrected with the correct plural "antennas." 36 37 Motion by Nemeth, seconded by Koehler, to accept the minutes as revised. Motion 38 carried on a 2 -ayes, 0 -nays, 4- present (Hudson, Daninger, Cleven, and Sims), 1- absent 39 (Peterson) vote. 40 41 March 8, 2016 Workshop 42 43 Commissioner Nemeth recommended the use of the word "allowed," in reference to 44 subordinate classroom structures, instead of the word "made" on page 1, sentence 4. 45 Regular Andover Planning and Zoning Commission Meeting Minutes —April 12, 2016 Page 2 1 Motion by Nemeth, seconded by Koehler, to approve the minutes as revised. Motion 2 carried on a 4 -ayes, 0 -nays, 2- present (Cleven and Sims), 1- absent (Peterson) vote. 3 4 Chairman Daninger introduced and welcomed newly appointed Commissioner Scott 5 Hudson. 6 7 s PUBLIC HEARING: Preliminary Plat —Boulder Estates — 35xx 134t4 Avenue NW- 9 Boulder Contracting, LLC 10 i l The Planning and Zoning Commission was asked to review a preliminary plat for 12 Boulder Estates. The proposed preliminary plat contains three urban residential lots as 13 proposed by Boulder Contracting, LLC. It is a 1.26 acre parcel. The sanitary water and 14 sewer services are already available to these lots. The plat meets code requirements. 15 Each of the three lots meets the minimum requirements for the R -4 Zoning District. 16 17 City Planner Hanson noted the purpose of this agenda item is to hold a public hearing and 18 take input. She noted that a garage and fencing currently located on the parcel are 19 planned to be removed. She noted that there were few trees on the parcel. 20 21 Chairman Daninger stated the purpose of the agenda item was to make a recommendation 22 to the City Council. He stated to the residents in attendance that this is not the last step in 23 the process. 24 25 Commissioner Koehler inquired about the lot size of the proposed lots compared to the 26 surrounding neighborhood. Ms. Hanson replied that they were the same size. 27 28 Commissioner Nemeth asked for clarification about the Lower Rum River Watershed's 29 view regarding the property. Ms. Hanson stated that they looked at the site as a whole 3o and there is to be no ground disturbance more than one acre, therefore no permit is 31 needed. 32 33 Commissioner Nemeth inquired if there was sewer and water access already available to 34 the lots, and more specifically, are there three separate stubs. Ms. Hanson stated that 35 each lot has individual access to sewer and water. 36 37 Commissioner Nemeth made note of the existing garage and fencing, and pointed out the 38 existence of a shed in a photo. Ms. Hanson noted that all existing structures will be 39 removed from the lots. Mr. Carlberg stated that he went to the property on the day prior 40 to the meeting and no small shed exists on the property today, but a shed was there in the 41 2014 photo which was included. in the meeting packet. 42 43 Commissioner Sims asked for clarification as to whether the property was zoned as one 44 lot now and then would be split into three lots. Ms. Hanson replied that was the case. 45 Regular Andover Planning and Zoning Commission Meeting Minutes —April 12, 2016 Page 3 1 Chairman Daninger asked for clarification on the benchmark line on the landscape plan. 2 Ms. Hanson stated that the outline indicated where silt fencing would be located. 3 4 Commissioner Nemeth inquired about the tree protection fencing that was indicated on 5 the landscape plan. Ms. Hanson stated that one tree would be protected during grading 6 and it represents about 40 square feet around the tree. 7 8 Motion by Koehler, seconded by Cleven, to open the public hearing at 7:14 p.m. Motion 9 carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. 10 11 Linda Evavold, and her husband Tom live at 3502 135th Ave NW in a location where the 12 new lots would be "kitty corner" from their back yard. She stated her main concern was 13 related to the parcel being divided into three lots where they always thought there would 14 be two. She stated that they have felt fortunate since 1987 to have green space behind 15 them. With Mr. Brown passing they expected change, but feel that there is not enough 16 room for three lots, although she stated that they did not measure it. She commented that 17 she was also speaking on behalf of Ione Lienke at 3532 135I` Avenue NW. Ms. Evavold 18 commented that Ms. Lienke was concerned about feeling like they were crowded in like a 19 "campground." She also noted that her neighbor, Tiffany Fenwick, living at 3512 135th 20 Avenue NW had just had a baby and could not attend the meeting. They are newer 21 homeowners in the last 4 -5 years and she also has concerns about the size of the lots. She 22 stated that John Blanchette at 3532 134th Avenue NW, another neighbor from across the 23 street, is concerned about the property values in the neighborhood if three homes were 24 built in that area. She asked what their rights were to keep the homes from being built. 25 She restated that she did not believe that there was room for three homes there. 26 27 Chairman Daninger confirmed that the proposed lots meet all of the regulations for R -4 28 housing and that they are generally the same size as other lots in the area. Mr. Carlberg 29 confirmed that the lots are the same size or even larger than those in the area. 30 31 Chairman Daninger stated that the job of the Commission is to make sure that residents 32 are heard and to determine whether it would require asking for a variance. He declined 33 speaking to the questions regarding property values. 34 35 Ms. Evavold asked the Commissioners if they would like this development built in their 36 backyard. Chairman Daninger stated that he lives on a lot of the same size. 37 38 Kim Wollak, 3520 134th Avenue NW, noted her house will be directly facing the 39 potential new lots. She stated that there are really two homes that back up to this 40 property, so she could not see how three homes could be built across from those two lots. 41 She also asked how long construction would take. She noted that she had lived in the 42 area for 30 years. 43 44 Motion by Koehler, seconded by Cleven, to close the public hearing at 7:23 p.m. Motion 45 carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Regular Andover Planning and Zoning Commission Meeting Minutes —April 12, 2016 Page 4 2 Chairman Daninger inquired how long construction would take. Jim Cormier of Boulder 3 Contracting, stated that construction typically takes 90 days and that the homes to be built 4 would be valued $260,000 - $280,000. 5 6 Commissioner Nemeth asked Mr. Cormier if they would be doing any landscaping. He 7 replied that would be dependent upon the individual preference of the buyers. 8 9 Commissioner Koehler noted on the aerial photo that it looked like there were three lots io that mirror the space that Mr. Cormier wants to build upon. 11 12 Commissioner Nemeth asked if staff had received any letters or phone calls from 13 residents. Ms. Hanson stated that the City had received a handful of phone calls, noting 14 that each one acknowledged at the meeting had been talked to on the phone and most 15 residents who called simply wondered why they had received a public notice. 16 17 Commissioner Nemeth suggested to Mr. Cormier that it would be advantageous to be a 18 good neighbor and plant trees in the back yards of the lots to create a barrier for the i9 existing neighbors. 20 21 Motion by Nemeth, seconded by Cleven, to recommend to the City Council the approval 22 of the Preliminary Plat — Boulder Estates — 35xx 134th Avenue NW — Boulder 23 Contracting, LLC. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. 24 25 Ms. Hanson stated that this item would be before the Council at the April 19, 2016 City 26 Council meeting. 27 28 Chairman Daninger said that City Council members watch the meeting and read the 29 minutes from this meeting so residents' voices will be heard. 30 31 32 OTHER BUSINESS. 33 34 Community Development Director Carlberg updated the Planning Commission on related 35 items. 36 37 Mr. Carlberg stated that the City has three commercial projects moving forward this year, 38 including the 13,000 square foot Remax office building on Bunker Lake Boulevard and 39 Crosstown Drive. Work on The Shoppes at Andover, on Bunker Lake Boulevard and 4o Hanson Boulevard, will begin soon. Silt fencing is now up where the canopy is being 41 dismantled from the old gas station. Replacing it will be a 13,000 square foot retail 42 center with restaurants. The Andover Animal Hospital is building a 5,500 square foot 43 veterinary hospital at 1730 139th Lane NW. The site plan review process is happening 44 now and construction will begin this summer. This business needed to expand because of 45 the success of their current business located in Andover. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Regular Andover Planning and Zoning Commission Meeting Minutes —April 12, 2016 Page 5 At the May meeting there will be discussion regarding residential planning of a rural area. This is a new concept coming forward. The Country Oaks North 2nd Addition development will have a number of lots "on line" this summer. In May, there will also be a work session on solar energy systems. Commissioner Cleven asked if the Commission would see any further plans on the preliminary plat presented at the meeting. Mr. Carlberg stated that the Commission would not since the plat met all of the requirements and it was such a small project so the preliminary and final plat can all be filed at the same time. Three stubs were put in because it met all of the requirements. He further stated that the Commission was essentially required to recommend approval because it does meet all of the requirements. It was not a PUD, so no landscaping plans are reviewed. He also noted that the existing lots across the street are actually smaller. ADJOURNMENT. Motion by Nemeth, seconded by Koehler, to adjourn the meeting at 7:36 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson), vote. Respectfully Submitted, Marlene White, Recording Secretary TimeSaver Off Site Secretarial, Inc. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners CC: David Carlberg, Community Development Director FROM: Brett Angell, Associate Planner SUBJECT: PUBLIC BEARING: Interim Use Permit (IUP 16 -02) — Land Reclamation — 1159 Andover Blvd NW — BL Holdings, LLC DATE: May 10, 2016 DISCUSSION BL Holdings, LLC is seeking an IUP to store up to 5,300 cubic yards of soil. The storage area is shown on the attached map. The soil is excess dirt from the Winslow Woods 2nd Addition development, which is planned to be used in future additions of Winslow Woods. The stockpile of dirt is existing and there are no changes that would be made to the existing pile, except for minor subtractions and additions of dirt with the development of the lots of Winslow Woods 2nd Addition. The stockpile has been graded to acceptable slopes reviewed by the City of Andover Engineering Department. The stockpile of dirt has been reviewed by the Coon Creek Watershed District and will not require a watershed permit. Silt Fencing and Vegetation Silt fencing will be required around the stockpile until vegetation has occurred to control any erosion. Property owners have requested that silt fencing not be placed on the south side of the stockpile, as this may be counterproductive to farming activities. Silt fencing has been installed around the stockpile excluding the south side. Dormant seed was placed on the stockpile prior to the previous winter season. If the dormant seed does not lead to vegetation, the applicant will be required to ensure vegetation occurs by other measures. Any areas of the stockpile which are disturbed will be required to be re- seeded. Trucking Route If the pile is to be removed, trucks will utilize Yellow Pine St. to access Crosstown Boulevard. The trucking route is shown on the attached map. Engineering Department Review The Engineering Department completed a review of the request. Although BL Holdings, LLC have requested a four (4) year IUP, the city Engineering Department is recommending the IUP V expires on November 1, 2019. This will ensure the removal of the excess soil prior to the winter freeze. Otherwise the excess soil would not be moved until the spring thaw in 2020. Interim Use Permit Standards The Planning and Zoning Commission shall recommend an interim use permit and the Council shall issue such interim use permit only if it finds that such use at the proposed location: Will not create an excess burden on parks, streets, and other public facilities; Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; Will not have a negative effect on the values of property and scenic views; Will not impose additional unreasonable costs on the public; Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for the permission of the use, including a condition that the owner may be required to provide appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing and provide a recommendation to the City Council regarding the IUP request. Respect 1y submitted, Brett Angell Associate Planner Attachments Resolution Location Map Aerial Photograph Site Photograph Stockpile Volume Exhibit Trucking Route Map Cc: Larry Olson, BL Holdings, LLC, 1875 Station Parkway NW, Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR STORAGE OF SOIL FOR THE PROPERTY LOCATED AT 1159 ANDOVER BLVD NW, LEGALLY DESCRIBED AS: UNPLATTED GROW TOWNSHIP WEST 283 FEET OF S 250 FEET OF SOUTHEAST QUARTER OF SECTION 12 -32 -24 EXCLUDING THE WEST 33 FEET FOR PUBLIC ROAD PURPOSES WHEREAS, BL Holdings, LLC requested an interim use permit for the storage of up to 5,300 cubic yards of soil; and, WHEREAS, the Planning and Zoning Commission held a public hearing on May 10, 2016; and, WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the interim use permit to allow for the storage of up to 5,300 cubic yards of soil on said property with the following conditions: 1. Soil must be stored in the area shown on the Stockpile Volume Exhibit. 2. Silt fencing shall be installed and maintained around the exterior of the stockpile, excluding the south side of the pile, until vegetation occurs. 3. All material shall be utilized in compliance with the City requirements. 4. Hours of hauling soil to the site are limited to Monday thru Friday 7:00 am — 6:00 pm, Saturday from 8:00 am —1:00 pm, no operations on Sunday. 5. The soil must be removed from the site no later than November 1, 2019. Adopted by the City Council of the City of Andover on this _ day of 12016. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Julie Trude, Mayor AtloVER Location Map Date Created: April 29, 2016 Disclaimer., The provider makes no representation or warranties with respect to the reuse of this data. 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The provider makes no representation or warranties with respect to the reuse of this data. 0. &vim,�. 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: Stephanie L. Hanson, City Planner SUBJECT: PUBLIC HEARING: Concept/Planned Unit Development (PUD) Review — 16473 Crosstown Blvd — Metrowide Development, LLC DATE: May 10, 2016 INTRODUCTION The Planning and Zoning Commission is asked to review a concept plan for a 13 lot single family planned unit rural residential development as requested by Metrowide Development, LLC. The developer submitted a narrative of the proposed PUD. The PUD narrative is attached for your review. DISCUSSION Background The Andover Review Committee (ARC) reviewed the sketch plan and submitted comments to the applicant. These comments have been attached for your review. Staff suggests the comments be reviewed as part of the concept plan process. The applicant and staff met to discuss the comments. Conformance with Local and Regional Plans and Ordinances 1. The property is not located within the Metropolitan Urban Service Area (MUSA) Boundary. 2. The property is zoned Single Family Rural Residential (R -1). The property is zoned properly for this type of development. 3. The Comprehensive Plan Rural Residential land use provides development areas outside the MUSA. This section is attached for your review. Access Access would be provided from Crosstown Blvd. A local street will be constructed to access the lots. The Anoka County Highway Department is in the process of reviewing the concept plan; therefore staff has not received a written review letter from county staff. Utilities Each of the lots will be served by individual septic systems and wells. Lots The property is zoned R -1 Single Family Rural. City Code requirements include: 1. Lot size requirements are 2.5 acres. 2. Lots must be 300 feet wide at the front yard setback line. Of the 13 lots, 8 meet rural standards. Since 5 lots are proposed to be less than 2.5 acres, staff suggests the developer continue to work with City officials' and staff to best address the lots that do not meet city code requirements and the PUD proposal. Wetlands There is a wetland in the southwest comer of the proposed plat. The wetland will be required to be delineated and the report will need to be submitted as part of the preliminary plat process. A map has been attached that shows the existing wetland. Coon Creek Watershed District (CCWD) Once the overall layout of the sketch has been agreed upon, the developers will prepare a grading plan, hydrology calculations and a soils report that will be reviewed by the City, an engineering consultant and the CCWD. The CCWD will need to have reviewed the preliminary plat and the developer will need to address any issues that are raised during that review before a public hearing will be scheduled for the preliminary plat. Park and Recreation Commission The Park and Recreation Commission reviewed the concept plan at their May 5, 2016 meeting. The Commission recommended cash in lieu of land for park dedication. Coordination with other Agencies The developer and/or owner are responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, LRRWMO, Minnesota Pollution Control Agency, LGU and any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding this item. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing, take public feedback on the proposed concept plan/PUD and informally advise the applicant on adjustments to the proposed project to conform to local ordinances and review criteria. Attachments Location Map Concept/PUD Narrative City Staff Comments, dated April 12, 2016 Comprehensive Plan — Rural Residential Land Use City Code 13 -3 -11 Desirable PUD Design Qualities Aerial Wetlands Map Aerial Concept Plan Respectfully submitted, ��(Q Stephan L. Hanson Cc: Jason Osberg, Metrowide Development, 15356 Yukon St NW, Andover, MN 55304 Donn Eggen, 16473 Crosstown Blvd, Andover, MN 55304 Jb ANrc. OVE R E en Property ,�, gg ert Location p Y Date Created: May 04, 2016 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. Metrowide Development Andover, MN SKETCH PLAN NARRATIVE March 22, 2016 Fr�r�:Site.tg finish R M L A N D Fr�r�:Site.tg finish R M INTRODUCTION On behalf of Metrowide Development, Landform is pleased to submit this application for sketch plan to receive feedback from City staff, Planning Commission and City Council on a Planned Unit Development (PUD) sketch plan to allow construction of new single family homes at 16473 Crosstown Boulevard NW (PID # 133224210002). The site includes one parcel, approximately 30 acres, that is currently used for an existing single family home. Our redevelopment plan includes a plat to create 13 new parcels and a new street to serve the future residents. We are excited about the improvements proposed for this site. SKETCH PLAN REVIEW Metrowide Development is requesting staff review of a sketch plan to subdivide one existing lot into 13 single family residential lots. At this time, we are planning to preserve the existing home. The parcel is heavily wooded and contains large wetlands. We are proposing to create custom home sites to allow for flexibility for the buyer. Each lot will be custom graded to allow for construction of the individual homes in a manner that meets the needs of the homeowner and allows them to design a site that works with the natural features of the lot. Therefore, the grading plan and tree preservation plan would be provided at the time of building permit. This approach will allow flexibility in the placement of single family homes on each lot while preserving the natural environment. The proposed subdivision is located in the R -1 Single Family Rural Zoning District and is guided rural residential in the Comprehensive Plan. We are requesting a PUD to allow flexibility from the typical R-1 standard. Our sketch plan is a concept for how our project could develop, but if the City supports the vision, we will proceed with a survey and begin preparation of detailed plans. Lot standards Single- family homes in the R -1 district require a minimum lot size of 2.5 acres, a minimum setback of 300 feet and a minimum lot depth of 150 feet. The Comprehensive Plan allows Rural Residential land use districts a maximum density of 0.4 units per acre. We are requesting for flexibility in the bulk area standards of the R -1 district, including lot size, dimension and density, primarily in order to have the flexibility to minimize tree removal and wetland impacts. A large wetland in the southwest corner of the site is avoided by shifting the new street to the east, which results in slightly smaller lots in that area. However, the impact of these minor lot size reductions is minimized by the fact that the property directly to the east is an not developable due to the fact that a wetland makes it inaccessible. Our sketch plan shows how minimum lot sizes could be met if we included the land to the parcel on the west that is undevelopable due to the presence of wetland. VEN16001 L A ht D F 0 R M March 22, 2016 Sketch Plan Narrative 2 Street Improvements We are requesting flexibility in the street right -of —way width (ROW). Section 11 -3 -3 of the Subdivision Ordinance requires local rural city streets to be constructed with a 60 -foot ROW. Section 11-4 -8 of the Subdivision Ordinance requires concrete curb and gutter to be installed for new streets with municipal sanitary sewer and /or Water, however, the code does not require curb and gutter for street improvements without municipal sanitary sewer and /or water. We are proposing to construct the street generally in accordance with City Standard Drawing No. 513F design for typical rural section with ditches. We are proposing a 24 -foot wide street in a 50 -foot ROW. In return for a rural street section in a reduced ROW, we are proposing a wider drainage and utility easement adjacent to the right -of -way, which will provide adequate space for utilities and drainage. We are proposing a street design for a rural section that includes ditches for low- impact stormwater management. This design will also reduce the number of trees removed because we will not need ponding to achieve stormwater requirements. We have been in contact with Anoka County to determine any improvements required for Crosstown Boulevard and will continue to work out any issues with the County as the proposal progresses. We are currently proposing to provide a deceleration lane to provide access from vehicles traveling northeast on Crosstown Boulevard; however, we do not believe a by -pass lane is warranted because the visibility is adequate to provide safe access. Connectivity: Our sketch plan provides an example of how the newly constructed street would connect to new development in the future. We are proposing future connectivity to the south of the site. Our ghost plat shows how the property to the south could develop and the street extended, but we are not proposing any development on that property. The ghost plat is provided at the request of City staff simply to show how the future street connection could occur. PUD FLEXIBILITY We are requesting City approval for flexibility from area standards in the R -1 district and minimum ROW width. In return, our PUD proposal will provide a low- impact, creative stormwater design, minimize tree removal and minimize wetland impact. Section 13 -3 -11 of the Zoning Code outlines nine design qualities that the City desires in PUDs. Our plan is consistent with these requirements, specifically: 1, Achieves efficiency in the provision of streets and utilities and preserves area to achieve the elements of design qualities described in this chapter. VEN16001 L A N D F 0 R M March 22, 2016 3 Sketch Plan Narrative Our proposed plan will achieve development efficiency and allow for low- impact design by preserving trees and reducing wetland impacts. Our linear cluster development allows preservation of natural features and provides creative design elements, as described above. 2. Provides convenient and safe access for vehicles and pedestrians and all types of activity that are anticipated to be a part of the proposed development. The proposed development is not anticipated to generate substantial traffic volumes. The narrower rural street and ROW will be.sufficient for the anticipated traffic that will be generated from residents within the subdivision and potential visitors. We are working with the County to determine the improvements to Crosstown Boulevard and are confident our proposed improvements will provide convenient and safe access for vehicles. 3. Provides a buffer between different uses, adjacent properties, roadways, between backyards of back -to -back lots. Adequate buffers between different uses are provided in the development sketch plan. The development is clustered in a linear fashion and the lots on the east side will be buffered from existing and future development because the abutting land is comprised of mainly wetland and is undevelopable. The existing vegetation will screen this project form adjacent properties. 4. Preserves existing stands of trees and/or significant trees. The narrower rural section street and reduced ROW allow for a number of significant trees to be preserved. Allowing flexibility in the lot sizes and configuration of development allows a greater number of trees to be preserved. Shifting the development to the east will allow the bulk of trees on the west to be preserved. Additionally, the proposed design includes utilizing ditches as part of the low impact stormwater management practices, which will allow a greater number of trees to be preserved because ponding (which requires tree removal) will not be required to meet stormwater design standards. 5. Provides considerable landscaping treatments that complement the overall design and contribute toward an overall landscaping theme. Each custom -build lot will allow residents to provide landscaping that is consistent with City Code and will be reviewed at the time of building permit. Additionally, as part of the storm water management plan, individual lots will provide bio swale gardens (rain gardens) adjacent to the driveway. This - landscaping will be designed to provide consistency along the street. VEN16001 L A N D F O R M March 22, 2016 Sketch Plan Narrative 4 +- k 6. Preserves significant usable space on individual lots or through the provision of open space within the development. As described above, a linear cluster development preserves significant open space and natural features 7. Provides an attractive streetscape through the use of undulating topography, landscaping, decorative street lighting, decorative mailbox groupings, retaining walls, boulders, fencing, area identification signs, etc. This level of detail has not been determined at this stage of development but will be incorporated at the time of preliminary plat submittal. 8. The proposed structures within the development demonstrate quality architectural design and the use of high quality building materials for unique design and detailing. The details of the structures within the development will provide quality design. The details will be provided at the time of preliminary plat. 9. The lasting quality of the development will be ensured by design, maintenance and use guidelines established through an owners' association. (Ord. 298, 8 -4 -2004) There will not be an owner's association for the proposed development. SUMMARY We respectfully request feedback and comments on the sketch plan to allow a PUD at a 16473 Crosstown Boulevard Northwest. CONTACT INFORMATION This document was prepared by: Kathleen Hammer Landform 105 South Fifth Street, Suite 513 Minneapolis, MN 55401 Any additional questions regarding this application can be directed to Darren Lazan at dlazan(a)landform.net or 612.638.0250 VEN16001 L A N D F 0 R M March 22, 2016 5 Sketch Plan Narrative C I T Y O F ND OVER P - 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV MEMORANDUM TO: Stephanie Hanson, City Planner FROM: David Berkowitz, Director of Public Works /City Engineer ' Jason Law, Assistant City Engineer DATE: April 12, 2-'0,$&, 2.oI t,Q REFERENCE: Eggen Parcel — Sketch /PUD Plan Review #1 The following items are in regards to Review #1 of the Sketch/PUD Plan: 1. A wetland delineation will be required which must be approved by the Coon Creek Watershed District (CCWD) should the project move forward. 2. The developer is responsible to obtain the necessary. permits from the CCWD, DNR, U.S. Army Corps of Engineers, MPCA or any other agency that is interested in the site. 3. Need to meet the requirements of the City of Andover Water Resource Management Plan for storm water treatment. The developer is proposing a combination of ditches /swales /alternative treatment options. This would be an agreeable approach on a staff level and part of the PUD approval provided all storm water requirements can be met. 4. Discussion at the Andover Review Committee (ARC) recommended providing access to the property both south (currently included) and east of the proposed development. Include a layout with sketch plan showing a roadway stub east to the existing high ground towards the middle of the proposed development. 5. All lots per City Code shall be a minimum of 2.5 acres. There are 5 lots on the east side of the plat that do not meet, the 2.5 acre minimum requirement. 6. All streets are required to be public. The required right of way width for public streets is 60'. The developer is proposing to dedicate 50' wide right of ways. This would have to be part of a PUD approval. Engineering staff is open to the idea of 50' right of ways in this area providing all drainage ditches /swales /ponding areas are within a drainage and utility easement of the right of way. 7. Staff is recommending a minimum 12" wide ribbon curb be constructed along the edge of the roadway to prolong the life of the pavement. Past practice has been to construct concrete curb and gutter in all new residential developments. 8. Need to work with Anoka County on determining intersection improvements required on Crosstown Boulevard. According to their development guidelines, at a minimum a northbound right turn lane will likely be required. 9. The developer requested that all lots be custom graded lots with grading plans provided by the builders at time of grading permit. A grading plan would be required to show the building sites, including setting low floor elevations, potential house type (full basement? Walkout? Lookout ?), primary and secondary septic locations, street grades, ditches, storm water drainage system, etc. 10. The Park & Recreation Commission will need to review and determine if a land should be dedicated for a park or if a cash dedication will be recommended in lieu of land. 11. Need to include a tree preservation plan along with the grading plan. 12. Need to meet requirements of all City Codes that apply specifically City Code Section 11. 13. When beginning the platting process, the plat, grading plan and all other plans must utilize the Anoka County coordinate system and datum so the information can be transferred to the City's GIS mapping. 14.Additional comments pending,further review. Note: It is a requirement that the Developer respond to each of these items in writing when re- submitting the revised sketch plan to the City. If you have any questions, feel free to contact David Berkowitz, Director of Public Works /City Engineer at (763) 767 -5133 or Jason Law, Assistant City Engineer at (763) 755 -5100. CITY ^ 2008 Comprehensive Plan Update City of Andover Land Use Districts ( Land use districts are established to ensure compatible development and to protect natural resources and amenities. The district definitions provided below are intended to state their purpose, provide location criteria and describe the relationship of each district with other land uses. RESIDENTIAL LAND USE DISTRICTS Rural Residential (RR) district provides an area for low intensity residential development in areas outside of the Municipal Urban Service Area (MUSA) that will not be served by municipal sewer and water. The minimum lot size is 2.5 acres to provide sufficient space for on site sewer and water facilities and to prevent dense development that would create an adverse impact on municipal and regional infrastructure. However, smaller acreage lots exist in areas subdivided prior to 1978 and in the two previously approved rural planned unit developments: Nightingale Preserve and Timber River Estates. This district must be protected from higher intensity land uses, including the Urban Residential Low Density Land Use District, with appropriate transitions. This district also accommodates agricultural land uses. Minimum Lot Size 2.50 acres Density 0.4 units per acre City Utilities None Corresponding Zoning Districts R -1 - Single Family Rural Residential R -2 - Single Family Estate R -3 - Single Family Suburban AP — Agricultural Preserve Type of Development Single Family Detached Housing, Agriculture ---�' LanclUt -PA�ic-k re�)ktgkgrobSdeV1s*n o.l,.i -he 4c -ail rle�ek e + �trer� Urban Residential Low Density (URL) district is established to create cohesive neighborhoods of single - family detached housing within the MUSA and with access to municipal sewer and water. Residential lots within this district are sized to allow efficient utilization of municipal infrastructure as well as to provide an area large enough to accommodate housing market demands. These neighborhoods must be protected . from higher intensity uses with appropriate transitions. These transitions include natural features such as trees, wetlands, streams or major changes in topography. Man -made elements such as streets, parks or earth berms in combination with landscaping are also appropriate. When adjacent to arterial roadways, additional setback distance, landscaping and berming are required. Facilities that generate noise, traffic, and /or glare also require major separation from these neighborhoods. K1] C 13 -3 -10: REVISIONS AND AMENDMENTS: Administrative approval of incidental changes in the PUD may be authorized by the City Planner upon review and approval by ARC. Such administrative approvals shall not substantially alter the character of the approved PUD and shall be limited to landscaping (not including quantity reduction), color schemes (not including materials), association documents, fencing, entrance monuments and decks. Changes in uses or development/design standards must be submitted for a full public hearing review process. (Amended Ord. 314, 10 -4 -2005) 13 -3 -11: DESIRABLE PUD DESIGN QUALITIES: The following design qualities will be sought in any PUD: A. Achieves efficiency in the provision of streets and utilities and preserves area to achieve the elements of design qualities described in this chapter. B. Provides convenient and safe access for vehicles and pedestrians and all types of activity that are anticipated to be a part of the proposed development. C. Provides a buffer between different uses, adjacent properties, roadways, between backyards of back -to -back lots. tD. Preserves existing stands of trees and /or significant trees. E. Provides considerable landscaping treatments that complement the overall design and contribute toward an overall landscaping theme. F. Preserves significant usable space on individual lots or through the provision of open space within the development. G. Provides an attractive streetscape through the use of undulating topography, landscaping, decorative street lighting, decorative mailbox groupings, retaining walls, boulders, fencing, area identification signs, etc. H. The proposed structures within the development demonstrate quality architectural design and the use of high quality building materials for unique design and detailing. The lasting quality of the development will be ensured by design, maintenance and use guidelines established through an owners' association. (Ord. 298, 8 -4 -2004) 13 -3 -12: APPROVAL OF PLANNED UNIT DEVELOPMENT: The developer must demonstrate that the amenities and qualities of the Planned Unit �A� AN,-.,?,,OVER Date Created: May 02, 2016 Disclaimer- The provider makes no representation or warranties with respect to the reuse of this data. I. ALL BOUNDARY AND PROPERTY INFORMATION IS BASED ON COUNTY CIS INFORMATION AND 15 CONSIDERED INACCURATE AND PROVIDED FOR CONCEPTUAL PURPOSES ONLY. A BOUNDARY SURVEY WILL BE REQUIRED FOR PRELIMINARY AND FINAL PLATTING. ZONING 1 SETBACK SUMMARY THE PROPERTY 15 ZONED RI ZONE (RURAL RESIDENTIAL) BUILONC SETBACK INFORMATION 15 AS FOLLOWS: FRONT YARD = 40 FT. REAR = 50 FT. SIDE = 10 FT. LOT COVERAGE INFORMATION IS AS FOLLOWS: LOT AREA MINIMUM = 2.50 ACRES LOT WIDTH MINIMUM = 300 FT. (AS MEASURED AT FRONT SETBACK LNE) LOT WIDTH MNIMUM (CUL —DE —SACS) = 160' (AS MEASURED AT FRONT SETBACK LINE) APPROX. TOTAL SITE AREA = 30.2 ACRES LOT L 108,ggl SF / 2.50 Ac. LOT 2: 108,468 SF / 2.4q Ac. LOT 3: 108,845 SF / 2.50 Ac. LOT 4: 109,350 SF / 2.51 Ac. LOT 5: 109,1130 SF / 2.51 Ac. LOT 6: 118,070 SF / 2.71 Ac. LOT 7: 71,100 SF / 1.63 Ac. LOT 8: 57,780 SF / 1.33 Ac. LOT q: 60,000 SF / 1.38 Ac. LOT 10: 72,500 SF / 1.66 Ac. LOT 11: 81,111 SF / 1.86 Ac. LOT 12:112,300 SF , 2.513 Ac. LOT 13: 108,921 SF / 2.50 Ac. EG G E N PARCEL APPROX. R.O.W. DEDICATION = 2.04 ACRES ANDOVER, MN APPROX. NET DENSITY = 0.46 UNTS /ACRE PAGE No. 1 0 NORTH 0 60 120 • • 0 L A N D F O R M From Site to Finish