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HomeMy WebLinkAbout11.13.181685 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, 2018 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Pledge of Allegiance 3. Approval of Minutes— September 11, 2018 Regular Meeting, September 25, 2018 Work Session Meeting, and October 9, 2018 Work Session Meeting. 4. Public Hearing — Planned Unit Development Amendment — Preserve at Petersen Farms — JD Andover Holdings LLC 5. Other Business 6. Adjournment t C I T Y 0 F A 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: Approval of Minutes — September 11, 2018 Regular Meeting Minutes; September 25, 2018 Work Session Meeting Minutes, and October 9, 2018 Work Session Meeting Minutes DATE: November 13, 2018 REQUEST The Planning and Zoning Commission is requested to approve the regular meeting minutes from September 11, 2018 and the Work Session meeting minutes from September 25, 2018 and October 9, 2018. 1 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 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PLANNING AND ZONING COMMISSION MEETING — SEPTEMBER 11, 2018 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Kyle Nemeth on September 11, 2018, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Dean Daninger, Scott Hudson, Bert Koehler IV, Nick Loehlein, and Mary VanderLaan Commissioners absent: Jeff Sims Also present: City Administrator Jim Dickinson Community Development Director Joe Janish City Planner Stephanie Hanson Others PLEDGE OFALLEGL4NCE. Chairperson Nemeth requested a moment of silence in recognition of 9/11. APPROVAL OF MINUTES. August 15, 2018 Regular Meeting Chairperson Nemeth requested the following corrections: Page 4, Line 17: `...their intentions.' Motion by VanderLaan, seconded by Hudson, to approve the minutes as revised. Motion carried on a 4 -ayes, 0 -nays, 2- present (Daninger and Koehler), 1- absent (Sims) vote. August 28, 2018 Work Session Meeting Motion by Koehler, seconded by Daninger, to approve the minutes as presented. Motion carried on a 5 -ayes, 0 -nays, 1- present (Nemeth), 1- absent (Sims) vote. PUBLIC HEARING: Conditional Use Permit Amendment (CUPA) — Addition of Private Utility Structures —15825 71 Avenue NW — Northern Natural Gas Co. Regular Andover Planning and Zoning Commission Meeting Minutes -September 11, 2018 Page 2 1 City Planner Hanson used a map to point out the location of the subject site. The purpose 2 of this item is to hold a public hearing and take input on an amendment to the existing 3 Conditional Use Permit (CUP) to allow for additional utility structures to meet the safety 4 guidelines of the United States Department of Transportation (US /DOT). She reviewed 5 that in 2009, a CUP was granted for the installation of above ground equipment that was 6 a requirement to comply with Federal regulations. She explained Northern Natural Gas 7 Company is regulated by the Federal Energy Regulatory Commission (FERC) and 8 required to follow safety guidelines of the US /DOT and as part of a Federal mandate, 9 required to conduct on -going in -line inspections. Twof its pipelines need to be 1 o modified. One 8 -inch diameter receiver and one 6 -inch r idineter launcher will need to be 11 installed along with concrete support footings The w of the structures will be 4 feet 12 high and 25 feet long. City Planner Hanson dtsp� e-yeral colored pictures of the 13 existing structure, noting the proposed structure -will be sinurk in appearance. 14 15 City Planner Hanson reviewed the propose (JPA request with t -Commission, noting 16 the process requires review of the site plan.- TAhe Andover Review Committee completed 17 its review and provided comments to tho a liGant salon with .fie Engineering p g 18 Department, both of which haven provided fog the Commission's review. One 19 recommendation is to pave the dri tension ar o it is no longer gravel. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Chairperson Nemeth asked whether Commissioner Kok requirements. City Mr. Motion by Koehn Motion carried on a There was no public of staff. is to meet Federal the affirmative. e eA-,J5 currently paved and the requirement City lax R Hanson stated that is correct and would She new structures. iNomern iNaturai vas t-ompany, was prescut. VanderLaan, to open the public hearing at 7:07 p.m. 1- absent (Sims) vote. Motion by Daninger, seconded by Koehler, to close the public hearing at 7:08 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Sims) vote. 40 Commissioner Daninger asked whether there had been complaints relating to the existing 41 vegetation or security issues in need of upgrading. City Planner Hanson answered staff 42 has received no complaints on the vegetation and is not aware of any security issues 43 related to the fencing. 44 Regular Andover Planning and Zoning Commission Meeting Minutes - September 11, 2018 Page 3 1 Motion by Koehler, seconded by Daninger, to recommend to the City Council approval 2 of the request from Northern Natural Gas Company for a Conditional Use Permit 3 Amendment to allow the addition of private utility structures at 15825 71h Avenue NW, 4 subject to conditions as detailed in the draft resolution. Motion carried on a 6 -ayes, 0- 5 nays, 1- absent (Sims) vote. 6 7 8 9 10 11 12 City Planner Hanson stated that this item would be before the Council at the October 2, 2018 City Council meeting. PUBLIC HEARING: Variance - Reduce Front 181''' Avenue NW - TC Homes. 13 City Planner Hanson displayed a map to po-inVotit and 14 purpose of this item is to hold a public hea and take 15 setback variance requests of TC Homes, &:'for their p. 16 tracks on 181" Avenue NW to build a fides single -far 17 building setback and reduces it from 110 feet tt_feeE 18 - 19 City Planner Hanson displayed an e hotograph `€rf f 20 proposed location of the home on the -east W�de, locatit 21 as the railroad tracks. She noted t o wgetation 22 accommodate the ne n' Family h6t*', 23 24 City Planner Hanso 25 Improvements, and 26 variance a& follows: 27 28 29 30 31 32 33 34 35 36 37 38 property -6 fitted by an on a County Road - the subject site. The the building and road t east of the railroad encroaches the property and pointed out the of existing structures, as well all need to be removed to Building Setbacks and Future Street in City Code 12 -14 -7 to consider a to use -ihe property in a reasonable manner not City Planner pn noted tproperty is zoned R -1, Single - Family Rural, and has 3.05 acres that are h- y woodand secluded. The location of the proposed principal structure would be X11 mvered from adjoining properties due to the trees on the property. In addition, erty has a wetland that would be impacted if trying to meet the 110 -foot setback. She pointed the proposed location is also the highest elevation on the lot, reducing the need for fill and it would keep the proposed home farther from the railroad tracks but the property has 3.05 acres so there are potential other locations for the principal structure. 39 40 2. The plight of the property owner is due to circumstances unique to the property 41 not created by the landowner. 42 43 City Planner Hanson noted the variance is being requested to build the principal structure 44 in a location on the property that has the least impact on the environment and to avoid 45 removal of mature trees. The proposed location is the farthest location from the railroad Regular Andover Planning and Zoning Commission Meeting Minutes —September 11, 2018 Page 4 1 tracks. She noted there is limited space between the County Road and wetlands and the 2 elevation of the property needs to keep a two -foot buffer from the highest anticipated 3 water level. 4 5 3. The variance, if granted, will not alter the essential character of the locality and 6 will not alter the rural residential character. 7 8 City Planner Hanson stated the variance will allow access to the principal structure from 9 18151 Avenue /County Road 58 and it will have minimal iract on the natural landscape. 10 She noted tree coverage adds to the essential charactep rural area and the applicant 11 would like to maintain that. In addition, if the prmei structure is placed on the other 12 side of the property, it would be within closer pX- 0-afrt pf the railroad tracks, which 13 would detract from a rural feel. She noted theeibormgerty to the east is 70 feet 14 from the centerline of County Road 58 and thaftouse was bull MEJ 972. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 4. Economic considerations alone do City Planner Hanson explained ifl cost of removing mature trees ands existing driveway. It was noted ' because of economic reason, more removal. City Planpo�f%fpn pc closer to the railroad cks and",the is nat 'ted, they wouldhave the added nateri the principal structure from the ant is nofi',.seeking the proposed variance ility, conrence, and minimizing tree tl ��_ opos d home would be located rations I mit the buildable area. City Planner Hanson r ated lie Andover review Committee discussed this variance proposals a were n n oht hared`at.the time. The Anoka County Highway Depar n t &is curiftl ie tm the peal aria indicated they would have comments basedaccess to the nert v frtitn Countv`ad 58. City Plann slanson explained this tem will be heard by the City Council at its September 18,8 meeting f the variance is granted, the applicant will be required to obtain a building4pgmit fog e principal structure and any other appropriate permits necessary. She not; staff--!-, drafted resolutions with potential findings of fact the Commission may congdetwhen recommending approval or denial of this variance request. Chairperson Nemeth asked whether Commissioners had questions of staff. 39 Commissioner Loehlein asked about the setback from the County Road centerline and 40 whether the variance is to reduce the setback from the centerline from 110 feet to 80 feet 41 so conceivably, the house could be 20 feet from the edge of the County roadway if ever 42 expanded. City Planner Hanson stated that is correct. 43 44 Commissioner VanderLaan asked staff to verify whether the existing building is located 45 on a contiguous lot and not the proposed site. City Planner Hanson stated that is correct. Regular Andover Planning and Zoning Commission Meeting Minutes - September 11, 2018 Page 5 1 2 Commissioner VanderLaan commented on the number of vehicles pictured on the site, 3 which is distorting. She asked whether there is sufficient setback from the common lot 4 line for the proposed house and existing building on the next lot. City Planner Hanson 5 answered in the affirmative. 6 7 Chairperson Nemeth asked whether the house previously displayed currently has a 70- 8 foot setback. City Planner Hanson stated that is correct. 9 10 Chairperson Nemeth referenced the aerial view of thc,4�-Ubject site, noting it is being 11 displayed with north to the bottom of the subject site asked about the location of the 12 two wetlands. City Planner Hanson pointed ouf location of the wetlands on the 13 northern side. 14 15 Motion by VanderLaan, seconded by Loehl , to open the public hearing at 7:22 p.m. 16 Motion carried on a 6 -ayes, 0 -nays, 1- absent ns) vote.- 17 18 There was no public input. 19 20 Motion b Loehlein, seconded b �' der ; , to cl ' y y i os&Ibe public hearing at 7:23 p.m. 21 Motion carried on a 6 -ayes, 0 -nays, 1-sentT vote 22 23 Commissioner Koe state&fie is not ikessanly oppo cd to the variance but disagrees 24 strongly g y that there aW-Dicircumst €es beyondie owner's control since the house can be 25 located on the other i of t1roperty. e stated since there is another building 26 location, tt L_bey6_ control. Commissioner Koehler questioned 27 whethers requestually Meets the gu1Clnnes for variance consideration. 28 � - 29 ChairpersttnrNemeth nod d the 12gy, was incorporated in 1974 and the house was -- 30 constructed 1972. He asked if tBW__ 0 -foot setback went to Grow Township at that 31 time. City Planner Hanson §W fed she is not sure. Chairperson Nemeth asked if the 110- 32 foot setback requi rent ha §,bhanged. City Planner Hanson stated she is not aware of 33 any change. 34 35 Commissioner Koehler asked if the house is built on the other side of the property, would 36 any other condition force a variance. He also asked if the elevation on the other side of 37 the property can meet the required two -foot buffer for the low floor elevation. City 38 Planner Hanson suggested that question be asked of the builder. 39 40 Commissioner VanderLaan noted staff has indicated the proposed location has the 41 highest elevation, which should be considered as the City's elevations are slightly lower 42 than other cities in the area. She felt asking them to locate by the railroad tracks would 43 bring other difficulties as opposed to living closer to the County Road. 44 Regular Andover Planning and Zoning Commission Meeting Minutes - September 11, 2018 Page 6 1 Mr. Brian Tutt, TC Homes, Inc., stated there would be both sound and safety issues if the 2 house is located on the other side of the property. In addition, with regard to the required 3 two -foot buffer from the highest anticipated water level, it would require so much fill to 4 create that elevation that they would have to cut down 110 trees instead of 20 trees. 5 6 Chairperson Nemeth requested a motion to re -open the public hearing. 7 8 Motion by Loehlein, seconded by VanderLaan, to re -open the public hearing at 7:28 p.m. 9 Motion carried on a 5 -ayes, 1 -nay ( Daninger), 1- absent (Sims) vote. 10 _ ........:......... 11 Commissioner Koehler stated he does not have a quesct of the applicant. 12 13 Mr. Paul Syrdal, 18086 Palm Street, stated he wants iT Ito know the stakes for the 14 proposed home location as it would be feet from hiiA property line, which he 15 understands is within the allowances of tk ty. He stated his pr- aprty does not have a 16 screen of natural plants in that location as t it -is an opening betvi the two properties 17 so he will clearly see this house from his back 'yat4 _ 18 19 Mr. Tutt stated he would be willing Ib4ppye the homtrther to the right but there is not 20 a lot of depth. In addition, they are - illhig plant adrenal trees and screening in the 21 location mentioned by Mr. Syrdal 22 23 Commissioner Dam --r state ince the= ub sus heart -as been re- opened, he has a 24 question of the apple He asked what 9p401es of trees Will be removed by the railroad 25 tracks if the house is re ed. -W Tutt stafe e does not know the species. 26 -_ 27 Comm osioner battier asY about ffii. cies of trees Mr. Tutt would plant if he 28 receivbs. he variance anllanovegithe house 1-6eation several feet to provide more setback 29 from NO dal's proper„ 1­18o asked if it would be an economic hardship to 3o relocate th6- use to the other „side o -e property, remove the additional trees, and bring 31 in fill neededeet the fm400t low floor elevation requirement. Mr. Tutt stated 32 economic hardshs not the pson for the variance request. 33 34 Motion by Loehlein, sand by VanderLaan, to close the public hearing at 7:31 p.m. 35 Motion carried on a 6 -ay 0 -nays, 1- absent (Sims) vote. 36 37 Commissioner Koehler stated his question to staff was answered outside of the public 38 hearing when the applicant indicated the house could be moved with additional tree 39 clearing and fill. To him, that means this application does not meet the requirements for 4o a variance consideration. 41 42 Motion by Koehler, seconded by Daninger, to recommend to the City Council denial of 43 the Variance request of TC Homes, Inc. for their property just east of the railroad tracks 44 on 181st Avenue NW to build a single - family home that encroaches the building setback 45 and reduces it from 110 feet to 80 feet, based on the finding that the variance Regular Andover Planning and Zoning Commission Meeting Minutes - September 11, 2018 Page 7 1 requirements are not met, specifically that the plight of the property owner is not due to 2 circumstances unique to the property since the house can be located somewhere else on 3 the property that meets City Code with additional fill and tree removal. 4 5 Motion failed on a 3 -ayes (Daninger, Hudson, Koehler), 3 -nays (Loehlein, Nemeth, 6 VanderLaan), 1- absent (Sims) vote. 7 8 City Planner Hanson stated this item would be before the Council at the September 18, 9 2018 City Council meeting and will be presented with a tied vote of the Planning 10 Commission. 12 PUBLIC HEARING: Sketch Plan - 9 Urban Lots -1049 Andover Blvd. 13 NW - Mark of Excellence, Inc. 14 _ 15 City Planner Hanson used a map to point and describe the lation of the subject 16 property. The purpose of this item is to holdublic hearing andtal€,input on a sketch 17 plan submitted by Mark Smith of Mark of Exd4ence end consisting o vine urban lots 18 located at 1049 Andover Boulevar NW. 19 20 City Planner Hanson reviewed the po sketch plan along with comments from the 21 Andover Review Committee that v ire pr -4 to th��?lanning Commission and 22 applicant. With regarten ormanceth local ar<dregloiplans and ordinances, she 23 noted the property ts- liscated Within the 2QgQA#tropoIit0Xrban Service Area (MUSA) 24 boundary and the currC 0t stage ,sewer ex—p Sion. The property is zoned Single Family 25 Rural Residential (R-T sp a ring to eagle Family Urban Residential (R -4) is 26 necessary tl allc the prole t ard' 27 28 City der Hanson'-I&d a soh plan inap to point out the location of the access 29 proposedEm Andover R3vulevdid ,NW, which is governed by the Anoka County 3o Highway Dr6o ment, so tfi�*veloper will be required to comply with its requirements. 31 Each lot will served by ritaiicipal sewer and water by extending services from the 32 south. The grosEO city requ ments in the Residential Urban Area is 1.75 to 3.6 homes 33 per acre so the propz>d sk�`plan at a gross density of 1.87 homes per acre meets that 34 requirement as set ford over's Comprehensive Plan and City Code. 35 36 City Planner Hanson used an aerial map to point out the location of wetlands within the 37 sketch plan area, stating the wetlands will be required to be delineated and that report 38 submitted as part of the preliminary plat process. In addition, once the overall layout of 39 the sketch plan has been agreed upon and direction provided, the developer will prepare a 40 grading plan, hydrology calculations, and soils report for review by the City, an 41 engineering consultant, and the Coon Creek Watershed District. 42 43 City Planner Hanson noted the Park and Recreation Commission reviewed the request 44 and recommends cash in lieu of land as the current Master Park Plan does not show the 1 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 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2018 Page 8 potential of parkland in this area. She stated there is already a trail on the south side of this development. City Planner Hanson displayed a ghost plat of what the area could look like in the future, if developed, noting the developer and /or owner is responsible to obtain all necessary permits from governing agencies. She explained that based on feedback, the developer will modify the layout and make application for preliminary plat and final plat. The Commission is asked to review the proposed sketch plan, hold a public hearing, and informally advise the applicant on adjustments to conform-1p local ordinances and review criteria. Chairperson Nemeth asked whether Commissioner VanderLaan referenced staff sno and out a lot of problems with this sketch planasrior to pr( discrepancy on the location of a property lin ommur explained the discrepancy in the eastern pexty_f developer's surveyor can verify location preliminary plat is submitted. t «: Commissioner Loehlein stated he ap plat so it is known wktJ ftld look of staff. iOA- Mented staff for ferreting tatiort. She asked about the Development Director Janish was noted staff so the I need to occur before the the overall potential ghost Commissioner Koehlxeferenc the discrTncy in the property line and asked if there was a loss of 50 feet uld th&lots still nit City Code. Community Development Director Janish rtswered &EO not other modifications would need to be Conumssr Daninger std he is trot worried about the cul -de -sac but there should be no need or tines that resu i the req*st for a variance on this property. He stated he wants the dev er to make-,:Sure that the 50 feet is addressed prior to submittal of the preliminary plat so ariancuW not requested. Commissioner Hudson kabout the western property line. City Planner Hanson used a map to point out its location. Chairperson Nemeth asked whether that is the railroad's property. City Planner Hanson stated the railroad's property is to the east. Motion by Daninger, seconded by Koehler, to open the public hearing at 7:45 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Sims) vote. Mr. Joe Krekelberg, 6282 West Shadow Lake Drive, Circle Pines, a member of family that owns the property, asked about the City's plans for sewer and water to allow for 1 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 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover Planning and Zoning Commission Meeting Minutes —September]], 2018 Page 9 continued development to the north and east as the family looks for development opportunities for their land. Chairperson Nemeth noted the City is currently reviewing the Comprehensive Plan and asked staff to respond. City Planner Hanson stated the overall sewer plan has been studied and there are a certain number of sewer hook -up allocations within this portion of the City to allow for these properties to be subdivided. Chairperson Nemeth asked if the Commissioners of the applicant. Commissioner VanderLaan recounted how theoCity of Att ver's name was selected when it had originally been Round Lake Tosilp and then Grove Township. She noted at one time, there were historic buildings rtr that railroad track1 asked whether any building foundations remained in that locattE City Planner Hansofiated there was an old general store and printing store in that location but tlf site has been caned up. Commissioner Hudson asked if thtnt has a Mr. Mark Smith, 2120 Otter Lake Dries St. Motion by Hudso4 cond tk_ 1 Motion carried on a taxes, 0 -nos, 1 mvi the did not. hearing at 7:50 p.m. vote. provide their sketch plan comments to Commisster Koehler rated th .purpose for his question on the property line discrepancy: directly tiromml §ner Daninger's point that the applicant needs to clean up all pfh ms at this- ime, meet City Code, and get it right the first time. He noted other issuesgwcre rats lon staff's memorandum and advised Mr. Smith to make sure they are address6d befor 'submitting the preliminary plat. Commissioner Koehler stated he looks forwards project as Mr. Smith has done a great job so far. Chairperson Nemeth concurred and stated the proposed layout looks good, and especially when looking at the ghost plat. He agreed with comments made that Mr. Smith should make sure staff's comments are taken to heart and resolved, including the property line discrepancy. He agreed the Planning Commission should not have to consider variances for this property. City Planner Hanson stated this item would be before the Council at the October 2, 2018 City Council meeting. 1 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 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover Planning and Zoning Commission Meeting Minutes –September 11, 2018 Page 10 PUBLIC HEARING: Rezoning – Ag Agriculture to RI Single Family Rural – 71 Avenue NW / 16St" Lane – JD Andover Holdings LLC. Community Development Director Janish noted the purpose of this item is to hold a public hearing and take input on the request to rezone the parcels that make up the Petersen Farm area from Ag Agriculture to R -1 Single - Family Rural to be consistent with the Comprehensive Plan Amendment. Community Development Director Janish reviewed that -opr May 8, 2018, the Planning Commission provided a positive recommendation for a prehensive Plan Amendment for this area and on June 5, 2018, the City Counc improved a Comprehensive Plan Amendment to change the future land use desighkior�pm Agricultural Preserve to Rural Residential. Community Development Director Janish,,,tftlayed the zoning- V and described the zoning of the subject and surrounding propeft s being R -1 and Re s` He explained the Code does not allow rezoning to R -2. _ Community Development Directoi!�: explamed tether 20 -acre parcel is also asked to be reviewed as it is no longer coniterttth the CityN Comprehensive Plan due to the recent Comprehensive Plan Amendm changing the fut&dJand use. The Commission is asked to consider a Jr ng of Parcel 073- 4743 -00 (southeast comer of the Petersen property) tik- consis tent with tfii p, ehensive Plan. Community Developmet Diret�Janish eined that with a rezoning, the City shall find one of two State =u dregs: , _ original zoning was in error; or, the characif`the area_ntlmtd conctitittz Have changed to such an extent to warrant the re mng. He note-, - s prosy is not in the MUSA and staff finds that times and conditions have changed as _ property owner's family is shifting away from farming ancl.5eeking rezorift to & op the eastern portion of the property into a Planned Unit Development CRUD) known as The Preserve at Petersen Farms. The requested rezomn will keW— the zoning consistent with the Comprehensive Plan Amendment.' Community Development' irector Janish noted staff cited two reasons it finds that times and conditions have changed. He reviewed the meeting minutes and documentation that had been provided for the Planning Commission's review. Chairperson Nemeth asked whether Commissioners had questions of staff. Hearing none, he entertained a motion to open the public hearing. Motion by Daninger, seconded by Hudson, to open the public hearing at 7:57 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Sims) vote. Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2018 Page 11 1 Chairperson Nemeth noted a Comprehensive Plan Amendment was made in 2018 so this 2 rezoning request would result in matching the zoning to the land use. 3 4 There was no public input. 5 6 Motion by Hudson, seconded by VanderLaan, to close the public hearing at 7:58 p.m. 7 Motion carried on a 6 -ayes, 0 -nays, 1- absent (Sims) vote. 8 9 Motion by Daninger, seconded by Hudson, to recommend_to the City Council approval to of the request by JD Andover Holdings, LLC to rezoni e parcels that make up the 11 Petersen Farm and Parcel 07- 32 -24 -43 -0002 from triculture to R -1 Single Family 12 Rural to be consistent with the Comprehensivn amendment and based on the 13 finding that the character of the area, times and condrtiori$„Lhave changed to such an 14 extent to warrant rezoning, as detailed in th�aff resolution. motion carried on a 6 -ayes, 15 0 -nays, 1- absent (Sims) vote. F " 16 �. 17 City Planner Hanson stated that this item woize b,the Counctfx the September t8 18, 2018 City Council meeting 19 - 20 PUBLIC HEARING: Planned it D r pmeni -- _mendment — The Preserve at 21 Petersen Farms — JD Andover Hold � LLCM 22 23 Community Develpprient Dirtor Janish-uli_zonp to point out the location of 24 the subject site. Ther ose of-is item is thold a public hearing and take input on the 25 request of Landform, OW", half= J,D Andes Holdings, for a Conditional Use Permit 26 (CUP) and 1?lat d Unit Deft' Iopriit itt Amend—r t (PUDA) for 24 Rural Residential lots 27 and twouilofs at Pdrsen Films, 7t" Avenue and' 165th Avenue NW. 28 - - 29 Commuhit --_pevelopment irector.J ish presented the proposed CUPIPUDA, noting the 30 Planning dsrnission had reyJewed 0. the City Council approved a CUP /PUD on June 31 19, 2018, to alv flexibihton street construction standards and lot standards. The 32 original PUD alsWfe uired amendment to include the preliminary plat as part of the 33 PUD. The changes e o ri ` '�al PUD that are under consideration tonight are: a smaller 34 front yard setback of isf versus the standard 40 feet; shifting the intersection of the 35 north/south and east/west Yoadway to allow for better site visibility as a traffic calming 36 method; and, an easement to protect slopes that exceed 18 percent for over 50 feet of run 37 with that easement being in the Home Owners Association (HOA) favor. 38 39 Community Development Director Janish reviewed the City Code 13 -3 -9 findings 40 required to consider a PUD as follows: 41 42 1. The proposed development is not in conflict with the goals of the Comprehensive 43 Plan City. 44 Regular Andover Planning and Zoning Commission Meeting Minutes – September 11, 2018 Page 12 1 It was noted the property was re- guided to Rural Residential on June 5, 2018, and the 2 development is consistent with the goals of the City's Comprehensive Plan. 3 4 2. The proposed development is designed in such a manner as to form a desirable 5 and unified environment within its own boundaries. 6 7 It was noted the proposed development is designed in such a manner as to form a 8 desirable and unified environment within its own boundaries. The developer is proposing 9 to create custom home sites to allow for flexibility for the buyer, the architectural finishes 10 and building standards will be of a high quality, creatin more attractive neighborhood 11 in Andover. Each lot will be custom graded to a11Q construction of the individual 12 homes in a manner that meets the needs of the hbv� and allows them to design a 13 site that works with the natural features of theme phis app ch will allow flexibility in 14 the placement of single - family homes _,each lot while preserving the natural 15 environment. In addition, the low- impaialities of this develment will lead to a 16 desirable and unified environment that emphizes preservation of natal features. 17" 18 3. The proposed developmnt „demonstrates `hiw each modihi or waived 19 requirement contributes to aphi viag the purp*..of a PUD. 20 21 It was noted the proposal is requesting flexi541i'om thxpnt yard setback in the R -1 22 District. The reque g— mbility co�ibute� ievin � the purpose of a PUD, 23 specifically the front'ard set changdacQ M_�: iutes thieving a higher quality PUD 24 development becau §k,A „allows greater ficiWty for placement of the home and allows 25 each site to utilize arid" rades. This will contribute to a more 26 attractive rhood an ailt?wv T10 rvatio i _the natural features. 27... 28 4 �M PUD is of nposi and arrangement that its construction, marketing, and 29 opawtion are f ib, as k-.-_ complete unit without dependence upon any 30 subs - en t unit. 31 32 It was noted the PW amend�ent includes preliminary plat plans for Phase 1, which will 33 operate as an indepekut Vie. Each phase of the development would contribute to the 34 overall development bdOOO d be independent of the previous future phases. 35 36 Community Development Director Janish stated the lot sizes are still consistent with the 37 minimums approved by the City Council but the applicant is requesting a 30 -foot front 38 yard setback versus the standard 40 -foot setback. He reviewed the requested change to 39 the location of the roadway, shifting it to the south which will eliminate the creation of a 40 straightaway and provide for traffic calming. As noted in February when this was looked 41 at, the cul -de -sac to service Outlot A exceeds 500 feet, at 2,150 feet, and in discussion 42 with the Fire Department it was determined the proposed street construction would allow 43 for a longer cul -de -sac as part of a PUD. It was approved as part of the Council's 44 previous approval and in the future the cul -de -sac will extend to serve the property to the Regular Andover Planning and Zoning Commission Meeting Minutes –September]], 2018 Page 13 1 north. He noted each lot will be custom graded and a tree preservation plan will be 2 required for each individual lot at time of building permit. 3 4 Community Development Director Janish stated the developer is proposing an easement 5 on the north side of the property to address slopes greater than 18 percent. He read the 6 seven protective restrictions addressed in the draft resolution should this be approved and 7 explained that there should be language noting if conflicts occur, the drainage and utility 8 easement language would apply. 9 10 Community Development Director Janish reviewed the' architectural requirements t t provided by the applicant that would be administere gh the HOA. 12 13 Community Development Director Janish noWd tonight's discussion is related to the 14 modifications, not the items included in the:orlginal PUD atoval. If approved, the 15 developer will be required to submit —ended preliminargat that includes all 16 modifications. 17 n 18 Community Development Directq ish explaiAW ie Planning Comm sion supports tft 19 a positive recommendation to Z m cil, it u .keep in mind the four findings 20 previously presented. If the Plam g Cb#j ission supports a denial recommendation, 21 findings of fact will need to be provided to th&lft Couns well as direction to staff. 22 In addition, a denial wuldxtty be relatt to theidelresen�d tonight. 23 24 Chairperson Nemeth eked wher Commoners had questions of staff. 25 26 Commiss itidson rear ?W2-_ of the staff memorandum and the map showing 27 preservation of natutr resour€ s. He " whether the bullet points apply to areas of 28 the m Oentified wi *value hatching map. -Community Development Director Janish 29 stated that correct. Wiz_ 30 31 Commissioner dson reader bullet points and asked for clarification. Community 32 Development Daror Janisbtated the first bullet says there can be no disturbance 33 within the area (pre atloasement), other than routine maintenance, pruning, and 34 removal of dead /disea9bd,t s without approval of the Architectural Control Committee 35 (ACC), which would be snilar to a Code violation as you need approval prior to starting 36 the process. 37 38 To add clarification, Commissioner Hudson suggested adding words at the start of bullet 39 points 2 -7 indicating: `With approval of the ACC,' . 40 41 Chairperson Nemeth asked if the ACC and HOA are one in the same or different, noting 42 where both are referenced, which causes confusion. Community Development Director 43 Janish suggested the applicant be asked for a clarification on that point. 44 Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2018 Page 14 1 Commissioner Daninger asked if the process tonight is to amend the PUD to create this 2 easement, which will keep more trees in the back yard and create separation. He noted 3 the Council already approved the original PUD so if this is denied, the developer could 4 go to their approved original PUD. Community Development Director Janish stated that 5 is correct. 6 7 Commissioner Daninger stated the next agenda item tonight is the preliminary plat, 8 which may be considered based on this approval (or denial). Community Development 9 Director Janish stated that is correct. 10 11 Chairperson Nemeth noted this is not in the MUSH the amendment for a 30 -foot 12 setback also provides more flexibility with the 1wells and septic systems, as 13 each lot is custom graded. 14 15 Commissioner VanderLaan agreed it woijj$ rcreate less impact 6jar as allowing for 16 drainage since every square foot of house a4iiriveway prohibits ab ption of rainwater, 17 which is a significant point with 24 lots. 18 19 Chairperson Nemeth noted the 6Ifi4 :,PUD mclI a preliminary plat. Community 20 Development Director Janish clari inal PUlancluded a sketch plan, which 21 did not have the level of detail being'pside tclnight...Tho preliminary plat gives the 22 City the ability to rele)�nler greateletail but ifahe amdments are not approved 23 tonight, the devela r -can rev back to gihal P7 and submit a preliminary plat 24 based on that approves = �� 25 =_ 26 ChairpersonX noteirlora tont is on the 30 -foot front yard setback, 27 shiftinWAMe stree d cre *ion of an ea merit fo protect the slopes. 28 = 29 Motion b aninger, sodded b`y Xoehler, to open the public hearing at 8:17 p.m. 30 Motion caiiWid on a 6 -ayes, {)ways, 1 sent (Sims) vote. 31 32 Mr. Bud Hoist, 4276.165t' Niue NW, stated his property is at the southern end of this 33 property. He asked &the MD approved on May 11 and June 19, 2018, by the City 34 Council included a ply iinmunity Development Director Janish stated it included a 35 sketch plan and that layoutwas approved. 36 37 Mr. Hoist stated that plan included 27 lots. Community Development Director Janish 38 stated there have been several sketches but the plan had 24 lots on May 11, 2018, and 39 was part of the previous submittal. Mr. Hoist remembered it having 27 lots. 40 41 Mr. Hoist noted the rezoning has been changed to R -1 Rural, which requires 2.5 acres, 42 cul -de -sacs limited to 500 feet in length, and 300 feet frontage on a road unless 75 feet is 43 approved on a cul -de -sac. Community Development Director Janish stated that standard 44 is required by the Code. 45 Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2018 Page 15 1 Mr. Holst noted this drawing shows nothing close to 300 feet of frontage on a road and 2 the cul -de -sac is well over 500 feet so this is not talking about R -1. He is concerned with 3 allowing building on something less than 2.5 acres, which is required by Code, because 4 he believes property values will decline with this proposal. Mr. Holst stated in May, 5 there were a lot of people in attendance who wanted it to stay at 2.5 acres. He stated he 6 lives at the south end and several years ago, there was a proposal to develop a 65.8 -acre 7 farm that had even worse conditions with more wetlands. Yet, it was developed at 2.5 8 acres and met Code. He asked if this is zoned R -1, what happens with the minimum 2.5- 9 acre lot size and maximum 500 -foot cul -de -sac length. Charperson Nemeth stated that is 10 why the PUD was proposed. 11 12 Mr. Holst asked if the City Council approved theA c those lot sizes and long cul- 13 de -sac. Chairperson Nemeth answered that is correct. 14 15 Commissioner Koehler suggested the purp-o_-_--_s_-- of a PUD be explaecl because it is not to 16 skirt the City's requirements. He noted t pity is negotiating troject and it can 17 require R -1 Code standards but then the dev�er_�not offer dkLother things in 18 return. Commissioner Koehler e#1 ed with a e trades are mAa so the intent 19 is not to meet R -1 standards. hi--6 change for some concessions, the City receives 20 benefits for the City and neighborho _ 21 22 Mr. Chase Hennessey_, -I _6_�9`h Lane N_ used tuap to point out the location of his 23 property. He described the art -where th�R�n Rive ods in the spring, including his 24 property. Mr. HermeTwx stated! is conc6� with the 140A and oak wilt as this area is 25 covered with red oaks _Ie 4*4 about the area of floodplain in Valley View Park 26 Estates C�rczn Nemtggest3 fihose stions be asked of the applicant. 27 28 Mr. He essey stated he,.also questions the Iecation of septics in relation to the easement. 29 Commuft Developmehi' irecto nish stated the applicant can be asked about the 30 drainage pf d HOA dur�n the pr urinary plat consideration. The proposed location 31 for septic drai*llds meet current setbacks. Mr. Hennessey noted the location of non - 32 homeowner asso i tion propels that may also be impacted. 33 = 34 Mr. John Edewaard, 3�3I' M8�' Avenue NW, stated there should be a lot of concern 35 about the trees because afFof the trees from the corner north along the property lines will 36 be cut. He stated that metric has to fit into the tree preservation plan. Mr. Edewaard 37 stated he remembers the original PUD was basically approved in concept based on a 38 sketch plan and he did not see this preliminary plan approved as a PUD. He suggested 39 the developer make a presentation, which will answer some of resident's questions so 40 they know what is going on. Mr. Edewaard used a map to point out the location where 41 trees will be removed. 42 43 Ms. Mary Pfeiffer, 17037 Aztec Street, used a map to point out the location of her house 44 and stated on Monday, a gentleman was doing surveillance in their cul -de -sac and looked Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2018 Page 16 1 at the trees that would be cut down. She stated she did not know if the gentleman was 2 confused or the trees along her cul -de -sac will also be cut down. 3 4 Mr. Brian Pfeiffer, 17037 Aztec Street, stated the gentleman told him that in their cul -de- 5 sac, they would cut down all the trees. 6 7 Ms. Pfeiffer asked how the preservation easement line is impacting the area of her cul -de- 8 sac. 9 10 Darren Lazan, Landform Professional Services, LLC, 105 South Fifth Avenue, Suite 513, 11 Minneapolis, stated they have a successful history fa type of development with The 12 Preserve at Oak View and have been working aft axis for a year under the same 13 guiding principles. He stated he has no idea. kvho the i}leman mentioned by Ms. 14 Pfeiffer was, but they will not remove any,tr&fat that cul -d64--he. He stated he ordered 15 stakes for tree removal, that will be reviwtprior to any trees g touched, and it is 16 nowhere near that cul -de -sac as their removes Flimits are tight to the=b i fling pad location. 17 Mr. Lazan explained removal limits are the life vuhere-. h_ gy initially car. They survey, 18 walk the round, look at the trees determine °'Jrt lines can be adjusted to save g }� Y J 19 significant trees. Then a new lm`, n. He ex ed that trees to be removed are 20 flagged in one color and trees to be seed €egged in anczther color. 21 = - 22 Mr. Lazan stated with fihsfdiwater gstion, th�r Vie, mangy governing laws to address 23 things like grounder, recharge, erosion ontrol, 'and- quality treatment. They are 24 required to emulate-ex- ing dr�age patte treat water for quality, and discharge to 25 the east, which will be 'exactly it is today He noted the City and Watershed District 26 regulate thues. E 27 = 28 Mr. Lau explained lfak wilds found, try trench around it so it is contained and if 29 found on tia site they wile the s,e process to remediate it. 11 30 31 Mr. Lazan stated un the amei4pents requested, there are two viable equally correct paths 32 to entertain a prot, like thi R -1 prescriptive zoning which is your property right by 33 rule; or, PUD, which us4a predominately in metro areas as a form -based code. He 34 explained a PUD lookt his parcel and determines what best fits, mass grading and 35 clear cutting or custom gilding. He stated there are tradeoffs though and while there is a 36 long cul -de -sac, other things were given in exchange. Mr. Lazan stated there are four or 37 five lots under 2.5 acres but they are adjacent to large open spaces, that is the give and 38 take. He displayed the approved PUD plan for 24 lots and reviewed the gross square 39 footage overall and gross square footage by lot. He stated they are required to have one - 40 acre buildable, 100 -foot minimum widths, and gross density at or under the allowable R- 41 1 standard. 42 43 Mr. Lazan stated they are asking for an amendment to attach the actual plat amending the 44 PUD, provide a steep slope preservation easement (even though not a requirement as this Regular Andover Planning and Zoning Commission Meeting Minutes —September 11, 2018 Page 17 1 property is not within a shoreland overlay district), and including a HOA and ACC, 2 which is a subcommittee of the HOA and will evaluate all of these components. 3 4 Mr. Lazan stated the originally approved PUD had the roadway coming straight through 5 but then staff discussed the traffic calming effect by using an offset to slow traffic 6 through the existing neighborhood. That is one of the amendments under consideration 7 tonight. 8 9 Mr. Lazan stated they are asking fora 30 -foot setback tcz. create more flexibility and to 10 save more trees, which will result in shorter drivewaysnd`reduced impervious surface 11 on the lot. That is one of the amendments under consideration tonight. 12 13 Commissioner Koehler asked for detail on the ,function proved by the HOA outside the 14 ACC. Mr. Lazan stated it is desire of staff to bitve an HOA aoeated whenever there is 15 a PUD since there are unique situations. e'HOA would be reolsible for upkeep of 16 the landscaping and maintenance of storm, components. The Pserve at Oak View 17 was prescriptive without an ACC. He state senething sine- here plus the 18 ACC. 19 20 Commissioner Koehler stated he asslxmes Vie, HOAc iw'-U require payment of fees and 21 asked how it addresses and resolves *hen fees, are not paid so upkeep is financially 22 untenable. Mr. Laza exjinled the HO-A can unpaidE es with the land through 23 the assessment proses. 24 25 Commissioner Daninger eked }e „amendirients are recommended for approval as well 26 as the preltatlat, v�a�igie be'rtluested. He noted a lot of residents are 27 here and tW have�Jn?t of questions as th process is confusing to residents. He stated if 28 more eh Owes will be e6 1r# ng iri le,future, he will not be as considerate. 29 30 Mr. Lazan ted they donjt�: have ti fie for additional changes as they are expecting 31 groundbreaking , eptember 7M 2018. He noted that in looking at the proposed 32 amendments, onf�o is frog he developer and that is the reduced setback. The other 33 amendments (slope pservath easement, HOA, and roadway layout and redesign) were 34 driven by staff's concettd�comments. 35 36 Mr. Jason Osberg, Metrowide Development, 15356 Yukon Street NW, noted The 37 Preserve at Oak View was stopped during grading to come forward with an Interim Use 38 Permit and that may be something that could happen with this project. Commissioner 39 Koehler thanked Mr. Osberg for the clarification, noting that would not be a change to 40 the PUD but a separate permit. 41 42 Commissioner Koehler asked about the change to request the 30 -foot setback. Mr. Lazan 43 explained they got into the survey and hydrology and felt the need to ask for the 30 -foot 44 setback to gain flexibility. If not approved, then they would proceed with the approved 45 40 -foot setbacks. Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2018 Page 18 2 Commissioner Koehler stated it is not the issue of 30 -foot or 40 -foot setbacks but what it 3 would look like when some homes are set forward and others farther back. Mr. Lazan 4 stated many of The Preserve at Oak View homes are located closer to the street because 5 homeowners wanted to preserve their back yard but the third house in is located 100 feet 6 back with a beautiful wooded front yard. Commissioner Koehler stated he sees it as a 7 benefit and that it would drive property values but he wanted to picture how it would 8 look. 9 = -_ 10 Commissioner VanderLaan speculated this is one of st studied and documented 11 properties in the City. She stated she shares concern Wftt what is a PUD, noting in the 12 past it was different. Now, the City has a concise ion of a PUD, which she read. 13 She stated she had submitted her PUD questipns to 'the Stattnd his comment was that 14 City officials review PUDs and detemmneq 06 City Cod6ldeyiant and what can be 15 allowed. In this case, there was previoum6yoscussion when onez piperty owner said to 16 come out and look at the property, so she 17 18 Commissioner VanderLaan coma ntpd on the poor,-obndition of the roadway, noting the 19 key point of the amendment is to t cogpize a changto, o, the intersection. She stated the 20 residents recognized the existing cal de sae not in kid condition, is eroded, and it 21 may not have been properly constructed. Sted a resttl�nt indicated she saw a fire 22 truck attempt to turn iii! n that =i a andj�was not pretty.' Commissioner 23 VanderLaan stated at- hould ,noted the �ZIFe ar pvement so she supports that 24 amendment. She thinl the Citpfias movew,"e position of PUD to protect the existing 25 characteristics of propel like t— 26 27 ChairRe cite' Nem�t tasked"' bout the versus ACC, noting first bullet point 28 addresses.disturbance -i 'the ar64 *ithout approval of the ACC. He questioned whether 29 the ACO�_, in ore profess al in ign of the homes so it should be the HOA to 3o determine vvb _ h trees shod —W shouldn't be removed. 31 32 Chairperson Neff-eth address€; the comment about the Rum River flooding and how it 33 impacts resident's p' pert X. e asked if that has been taken into account. Mr. Lazan 34 stated they have taken'that-into account. He described the high locations and how water 35 will drain, be retained antreated, and discharged. He stated a fair amount of time was 36 taken to assess the flood condition along the Rum River. 37 38 Mr. Chase Hennessey, 3945 169`h Lane NW, stated with the run off, proposed ridge line, 39 and septics in the rear, that area floods four to five feet in the spring. He asked about the 4o discharge so the flooding does not impact his property. 41 42 Mr. John Edewaard, 3983 168t' Avenue NW, asked what cul -de -sac was mentioned about 43 fire trucks having difficulty turning around. Commissioner VanderLaan indicated 168x' 44 Avenue, not the new cul -de -sac. 45 Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2018 Page 19 i With regard to fire truck access, Community Development Director Janish drew attention 2 to pages 30 and 31 of the meeting packet (Pages 7 and 8 of the City Council meeting 3 minutes of June 19, 2018) and the statement by Fire Chief Streich that they brought 4 several fire trucks to 1681h Avenue to test it and there was no issue to access that road. 5 6 Motion by Loehlein, seconded by VanderLaan, to close the public hearing at 9:06 p.m. 7 Motion carried on a 6 -ayes, 0 -nays, 1- absent (Sims) vote. 8 9 Commissioner Koehler referenced the draft resolution, condition 8, bullet point 4: Paths 10 shall be of natural permeable material, and stairs, if requixed, shall be set on permanent 11 frost footings meeting similar standards as deck structwt Commissioner Koehler asked 12 how that language compares to City Code. Cotnniiltn ","Y— Development Director Janish 13 stated the developer provided that language so flocks in thatrmquirement. 14 _" 15 Commissioner Koehler asked if this meets-a&'exceeds City Code._&rad what the paths are 16 made of now. Community Development D€ctor Janish explained depends on the 17 location and purpose of the path. - 18 - 19 Chairperson Nemeth concurred, notili ome are bifru us but that material is not allowed 20 in other areas. 21 22 Commissioner Koehlo'-Wdda. that a `Mural g material' preserves the natural 23 state of this area .Andover and keep it..x bre ru RJooking instead of requiring 24 pavement. He notedse are C¢hcessions'en by the builder when they don't have to 25 agree to do so. 26 27 ChairR n`Nemeth ated hie-* ughtittd6uld also be materials such as Class V or grass. UL _= 28 29 Commissr1r Loehlein enc Ae, PUD amendment for a front yard setback from 30 not less than 40 feet to not W than 3 _0�feet and asked what is the front yard setback in R- 31 1. Community ]velopmentfDirector Janish answered 40 feet. 32 y _ 33 Commissioner Koehler, stag the City has asked the developer to make additional 34 concessions, as outline, Win exchange the developer has asked for one concession to 35 adjust the front yard setback to 30 feet. He stated personally, he thinks that is a fair 36 concession for the City to make, especially knowing the house placement will be decided 37 by the homeowner and ten feet is not a huge issue to the City. Commissioner Koehler 38 stated he leans towards approving the amendments being requested tonight. 39 40 Motion by Daninger, seconded by VanderLaan, to recommend to the City Council 41 approval of the request of Landform, on behalf of JD Andover Holdings, for a 42 Conditional Use Permit (CUP) and Planned Unit Development Amendment (PUDA) for 43 24 Rural Residential lots and two outlots at Petersen Farms, 71h Avenue and 1651h Avenue 44 NW, based on the rational that it meets the four findings to consider a PUD as identified t 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 t8 19 20 2t 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Regular Andover Planning and Zoning Commission Meeting Minutes —September]], 2018 Page 20 in City Code 13 -3 -9 and detailed in the draft resolution, and subject to the conditions detailed in the draft resolution. Further discussion: A friendly amendment was offered Commissioner Koehler to add words at the beginning of condition 8, bullet points 2 -7, indicating: `With ACC approval,'. Commissioner Daninger accepted the friendly amendment. Amended motion carried on a 6 -ayes, 0 -nays, 1- absent City Planner Hanson stated that this item would 18, 2018 City Council meeting. y RECESS AND RECONVENE Chairperson Nemeth recessed the meeting at 9:24 p.m. PUBLIC HEARING: Andover Holdings LLC. vote. Council at the September meeting at at Petersen Farms — JD Community Devetcip ent DWWr Janislia- s map e _point out the location of the preliminary plat. Tt`u -as noted purpose this item is to hold a public hearing and take input on The Presque at Petersen Faiii i preliminary plat consisting of 24 Rural ComA ft Develop met Direftjanish sCkii-d the lots meet the size requirements of the PUD. Thy plicant has 1 sated tote ,approximate location of the septic systems but they could be adiusted with custogradin Community Develb- Ment Director Janish reviewed the proposed preliminary plat for The Preserve at Petersen rm$ t eluding street access from 168th Avenue NW, which is currently a temporary euNde -sac. He noted that while Anoka County Highway Department will not reque a south -bound right turn lane and a north -bound bypass lane be built at County Road 58 and 168th Avenue NW. Director of Public Works /City Engineer Berkowitz supports those improvements and recommends it as a contingency to address current and future safety concerns. Community Development Director Janish noted the location of the cul -de -sac that could be continued in the future to serve Outlot A and the street location that ends with a stub and will be signed alerting that it could be extended in the future. Community Development Director Janish stated City water and sewer are not expected to serve this area as the property is a significant distance from the MUSA so each property Regular Andover Planning and Zoning Commission Meeting Minutes - September 11, 2018 Page 21 1 will be serviced by private septic systems and wells. He stated the applicant has made 2 application for a Lower Rum River Water Management Organization (LRRWMO) permit 3 and is responsible to meet their requirements and contingencies and obtain all necessary 4 permits from governing agencies. 5 6 Community Development Director Janish noted the developer has provided a tree 7 preservation plan for each lot, as required with a PUD, and included also an easement to 8 provide tree preservation by limiting the number of trees that will be removed. Each lot 9 will also meet the set standard for landscaping requirement 10 11 Community Development Director Janish stated thus and Recreation Commission 12 has recommended a trail easement, which is includdMl - tondition. It also requested the 13 developer consider a trail easement under the plower lines the temporary cul -de -sac 14 to Martin Meadows Preserve so area residents have access to ehgpy the preserve and park. 15 16 Community Development Director Janish not the stormwater requi rents had already 17 been discussed with the PUD and offered to anger queens of the Cobnmission. 18 - 19 Chairperson Nemeth asked wheth ssioners i questions of staff. 20 21 Commissioner Hudson asked wheth the f semeritAp. within Outlots A and B. 22 Community Developrg D ctor Jani 1_stated ld be pint of Outlot A. 23 _ = 24 Motion by Daninger _ seconde0by Koehler; to open the public hearing at 9:32 p.m. 25 Motion carried on a 6= 0- niky,5, 1- absent (dims) vote. -_ , , . 26 27 Mr. Job B ed aard�` 983 8`" Avenue NV -asked if the right turn/left turn lane 28 propo' s not necessa r pas res 6 s will hav to pay for it eventually. He thought PUD 29 criterion Ito be in an "-f itself whin its own boundaries, which is one of the four 3o requirements_ consider aTUD, yep minimum guidelines are being considered. Mr. 31 Edewaard state& he has seewundreds of developments around the metro area and the 32 interesting thing Us that thisates a dense urban residential area in an existing rural 33 residential area. He stated hrovided a picture of what this rural residential area looks 34 like, which is in contrast -1� at is proposed. Also, the PUD says the character of a new 35 neighborhood should fit into the character of the old neighborhood but existing residents 36 have at least 200 -foot road frontage so their neighborhood is sparsely populated. 37 38 Mr. Edewaard referenced the e -mail received today from the Anoka County Highway 39 Department (ACHD) saying they technically have no jurisdiction over the plat. He stated 40 he noticed the cul -de -sac was given as a concession and questioned what the City 41 received in return. 42 43 Mr. Edewaard stated his concern with impact to the wetland and gross density on lot 44 sizes, thinking it was misdirected as there is not a lot of buildable land here so there Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2018 Page 22 1 would be narrow lots. He stated another concern is that the developer can dissolve the 2 HOA before selling the lots. 3 4 Mr. Edewaard stated the City is trying to prevent removal of trees yet the developer is 5 proposing to put in a street that will require the removal of a lot of trees. He is also 6 concerned about the utilities down Dakota Street and asked on which side they will be 7 located. He believed the developer should be required to plant more trees to enhance the 8 neighborhood instead of taking away from it. He stated he can't entertain what they are 9 thinking about going down 168th Avenue NW and asked C#y Administrator Dickinson to 10 display the photograph he sent to him. 11 12 Mr. Edewaard stated most homes in this area are laa`& arld located on larger lots, which is 13 because residents want more wide -open spacesg-z-11 e does not Want to live on a corner lot 14 and does not understand why the City canndth ad the PUD ordinance as it is intended. 15 He noted the property owner has 400 acof land and this is complicated piece to 16 develop as it has wetlands and a river. He It this is where the Cif eds to maintain a 17 level of control as he believes the developer fikin t4ving. 18 - 19 Mr. Edewaard displayed a convey*i f land from l�dover landowners giving Valley 20 Drive NW to the County. He stated lvlr. Hiker had donate some of his land to do 21 that, for which he thanked them. 22 23 Mr. Jim Neilson, 4-n- Andover .resident Rung the Runt River and real estate attorney 24 representing Jim ane anela Z,V;§hin, stated -was before the Planning Commission on 25 May 22, 2018, for the p limina� plat that th recommended not be approved. Then on 26 June 19, 2# t1tCity Cottttcpprd,it and,did not permit people to talk. He stated 27 he talked amt tha- th the Andover City Attorney who said he would look into it but 28 has no#t gotten bacY�t him Mr. Neilson stated the Planning Commission gives good 29 input bdM_ e City Council makes d ecision. 30 _ 31 Mr. Neilson noted Commissioner Koehler made a comment about a PUD but to him, 32 developers have sa a PUD is what they want because then they don't need to abide by 33 anything in the ordinces , e stated it is a give and take process and he would ask 34 where was the developer g- tying. He thinks the City gave. 35 36 Mr. Neilson stated the problem now is that it will go through and provide a huge problem 37 for his clients, Jim and Pamela Zushin of 3533 168th Avenue NW. He noted the problem 38 with 168th Avenue NW is that there are only seven lots between County Road 58 and the 39 Petersen property. The problem will be that road will get destroyed, which is obvious to 40 him when there are 27 lots being developed (24 lots with 3 on the Rum River) and many, 41 many trucks will use and destroy 168th Avenue NW. Mr. Neilson stated the developer 42 may say the adjacent property owners should pay to repair the road but those property 43 owners don't need the additional traffic. He stated the City can require the developer to 44 put away money to restore 168th Avenue NW. If not, there will be a fight in the future 45 between these seven owners and City on why they should have a special assessment to Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2018 Page 23 1 bring the road back to where it should be. Mr. Neilson stated with 27 lots, approximately 2 four times the current road use would occur when compared to seven lots. In addition, 3 there are 24 lots to the west of this first addition where those people could also use 1681h 4 Avenue NW. If that occurs, then it would be 51 lots creating seven times the current road 5 use. Mr. Neilson stated the property owners on 1681h Avenue NW should not have to pay 6 for repairs. He asked the City to include a provision as part of the PUD and plat approval 7 that the developer will be required to pay for putting 168th Avenue NW back in its 8 original condition. 9 = to Mr. Jim Zushin, 3943 168th Avenue NW, thanked Mr. N61f for attending tonight to lay 11 out what the residents have to say. He stated is confused by the Planning 12 Commission, noting he sat through the first titiee. agenda items during which 13 Commissioners Koehler, Daninger, and Hudson -were strict ort the Code but they are now ��. ,ate_ 14 `bending over backwards' for the benefit dithe developer _Mr. Zushin stated this 15 property owner will develop everything we,, if their house but residents should not have 16 to pay for the roads so they can make milliom .1f dollars. He stated W1he applicant wants 17 to do this at no cost to him, the constructiontr#tffic 411 pd come off ,Taro Street. He 18 stated it is absurd to use 168th AV6hue NW becdus-04t hurts current residents, not future 19 homeowners. 20 21 Mr. Zushin stated Planning Commissioners areiq= reserCthe residents, not big money. 22 He stated the reside he Planning Commission ms 23 should represent tllvezn He stl at the = uue rlteetirig,hgre was not a word out of the 24 residents and he 1Aou1de ask wh are their 1tepresentatives. Mr. Zushin stated he will 25 remember that in Novetaex. 26 27 Ms. Rebecca Bracl X974 16W Avenue stated she is a new resident and trying to 28 figure dot where her pfoperty is-4- 0 the maps. She stated she also has noticed what seems 29 to be conce for existing p roperty owners in prior agenda items and is concerned why 30 there does not-seem to be much tttcern with this agenda item about the impact to 31 current residentsmShe had na ea of this project when she purchased this property. 32 vj 33 Ms. Brack stated sk is aJVeieran, her husband is active duty and will retire in two 34 months, so they want ft sere down and have roots for their three children. She stated 35 this property seemed perfect for them, it is a way back from the road, and the value is the 36 number of trees and privacy. She stated she and her husband have experienced a lot of 37 stress from multiple deployments and the value of their home and property was one of 38 privacy, the quietness, and feeling of it being a park -like setting but this will change 39 greatly. Ms. Brack stated she was told the cul -de -sac is actually on her property but she 4o has not yet learned whether the prior owners were properly compensated if that is the 41 case. In addition, there is talk about extending the cul -de -sac, which will be a great 42 impact. 43 44 Ms. Brack asked about the 30- and 40 -foot setbacks, which road it would be from, and if 45 future homeowners would be granted the option for a larger back yard, noting it will Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2018 Page 24 1 impact existing homeowners who will be losing their privacy. She stated the proceedings 2 tonight feel like they are not showing a lot of empathy to existing residents or the impact 3 to the neighborhood becoming much different. She asked the Planning Commission to 4 look at what they can do to help people who are only losing and possibly being assessed 5 for their roads that will become highly trafficked. 6 7 Ms. Marsha Dziedzic, 3928 168`h Avenue NW, stated she has the same concern about the 8 cul -de -sac and all the trees that will be cut down. She asked why trees have to be 9 removed along the road, on the east side of the property, noting the purpose of a PUD is 10 to save trees. 11 12 Mr. Jeff Luedtke, 16923 Jivaro Street NW, clarifi a Ahe May 22, 2018, Planning 13 Commission meeting when the vote was taken4o riot grant ie CUP for this PUD, the 14 vote was 4 -2 to not approve. He thanked the-Planning Comm -scion for their hard work 15 and diligence and preparing themselves to ,ikke a decision like that. He encouraged the 16 Planning Commission to use that same -�owledge. when di sing whether to 17 recommend approval of the preliminary plat. Ao-stay e developer l probably say 18 they will not use 1681h Avenue Ni` end he doesn't it them using his street either. Mr. 19 Luedtke asked about weight resi6k" forts; _ on a lim1 maintenance road and use of 20 construction trucks and trailers Hd_ a&dAhe. condition f the road is not currently the 21 best and he wants to make sure his vhicles ate notdamage if the road becomes rutted. 22 He asked if Andover +ill tain that n ad at -a: highpx lever development is going to 23 start. 24 25 Mr. Darren Lazan, Lair P�essional Services, LLC, 105 South Fifth Avenue, Suite 26 513, Mmn is, x presen taJD Andover H61 -dings LLC, presented a brief overview of 27 the 24,_1isu6vlslan °,notmit is conslstntvi the sketch plan approved by the City 28 CounIe explametlutlotll have fire development at some point. Mr. Lazan 29 stated theras been charattenzatl that this is urban density but in 1.5 acres, you could 30 fit six urbalt so this isar.from urn density. He pointed out areas surrounding the n_ 31 subject site, w the except of 168`h Avenue NW, that were developed in a similar 32 density to this proposal Mr azan stated he appreciates Ms. Brack's service as well as 33 that of her husband a'etd syrrtpiies they are coming late to this process. 34 35 Mr. Lazan stated they m'aved the location of the street to address resident's feedback 36 during sketch plan and the original PUD consideration. He agreed that to a certain 37 extent, someone will be in a less desirable position depending on where the road goes and 38 the proposed location was based on that feedback. He explained that common planning 39 practice dictates connecting to 168`h Avenue NW as well as connections to other 40 roadways surrounding this PUD. That is required and not a choice of the applicant. 41 42 Mr. Lazan presented the grading plan contemplated for this project, noting potential pad 43 and two septic system locations are also indicated for proof of concept that the property is 44 developable. Mr. Lazan reviewed the gross density and hydrology design for the storm Regular Andover Planning and Zoning Commission Meeting Minutes —September 11, 2018 Page 25 1 water that has been reviewed by staff with three rounds of comments. He noted staff had 2 found the proposed system meets stormwater requirements. 3 4 Mr. Lazan stated they provided the ACHD the entire 400 -acre property plan and the 5 ACHD provided comments on improvements to five or six intersections. When they 6 provided Phase 1, the ACHD indicated it has no jurisdiction but had some areas they 7 wanted to discuss now or in future phases. Mr. Lazan stated they will continue 8 discussions about improvements that may be needed on 168th Avenue NW and are 9 willing to pay their share according to the City's policy. He stated he had not heard these 10 residents were going to be part of that cost sharing ash Wight the City would cover the 11 delta as it was an area improvement. 12 13 Using a map on display, Mr. Lazan referenced t existitig pul -de -sac, sketched in the 14 intended extension, and explained how the encroaching bubble' will be removed to 15 make a `T' connection. The `bubble' area will be restored end, turned over to the 16 property owners. He stated they will also pr— e temporary cul -de acs where shown in 17 the plat. r 18 _ 19 Mr. Lazan stated utilities (i.e., c align'. the utility companies, not the 20 developer. _ 21 22 Mr. Lazan stated he ha to dous resj�ct for l son 1} connecting 168th Avenue 23 NW is not an optic far the doper. He noted Mr` Nilson mentioned the number of 24 present and lots in laare phae but they _Wk at 1681Avenue NW as a temporary 25 connection because ic'thafutura e will Wr' connections to 165' and 7�' Avenues that 26 will become — f .prxnary s on He stated there may be an interim condition of 27 increase- traffic & lath Aver NW 'W e e other connections are made, that will 28 be red cl. Mr. Lazar„ Gated t& , are working with the property owner to the south to 29 gain con 1- -tion access a d void= ,of and damage to 1681h Avenue NW. 30 -_ 31 Mr. Lazan stas a wholetis project is a low- impact design. They are not scraping 32 the land and rem -iAnig every, e and with shifting the road to the east as a by- product 33 driven by resident wartrnlents; different trees will be removed. He clarified the developer 34 will only remove trees;6 eir own property and the right -of -way and will attempt to 35 minimize tree impact as trees are an asset to the project. He offered to answer questions. 36 37 Commissioner VanderLaan addressed resident's comments and stated to minimize the 38 tragedy of this progress, she would note the comment by Mr. Lazan saying they cannot, 39 as a developer, remove trees from someone else's property. She stated she has heard 40 several resident comments tonight asking how many trees will be removed and that they 41 do not know from which line, which is the property line. She noted the developer will be 42 improving the cul -de -sac, which was intended to be temporary. She stated it should offer 43 comfort to residents to know that the developer cannot come onto private property to 44 remove trees. Mr. Lazan indicated that is correct and clarified that trees to be removed Regular Andover Planning and Zoning Commission Meeting Minutes —September 11, 2018 Page 26 I on their property are within the right -of -way as well as the temporary cul -de -sac right -of- 2 way when it is extended. 4 Chairperson Nemeth asked whether the Rum River flooding has been addressed. Mr. 5 Lazan stated stormwater design is a challenging matter but all follow the same set of 6 standards. Those standards are analyzed so they assure existing conditions are replicated. 7 Then they treat the water for quality (infiltration/treatment), retained the water, and 8 discharged it at the predevelopment rate. Mr. Lazan explained all those things combined 9 are common stormwater design standards. He noted theity reviews their stormwater 10 plans, make comments, request changes, and then the LWMO looks at the plans and 11 makes additional comments. He stated the LRRWb�ad four comments that have all 12 been addressed. Mr. Lazan stated the stormwater tr�ment, Ian has been approved. He 13 noted there could be unusual rainfalls and unbfecedented flooding but everything 14 required of them has been included in the stgr er treatment pin. 15 Arik 16 Chairperson Nemeth asked Mr. Lazan ifAby, , intend to utilized Street for their 17 construction traffic. Mr. Lazan stated that is cbrtvct apd IJ-hey picked fi%ro Street since it 18 is nearing its end of life and a imum main �rFzne' road. If it becomes rutted, the 19 equipment will be on site to blad and it is wort construction window so they 20 will be in and out quickly. 21 22 Commissioner KoehlefAd8ki if 168th Avenue m ill be used for lighter equipment. 23 Mr. Lazan stated ids a publlC l eet and W° -annot dictate; its use but the developer will 24 route contractors tIA* Jivaro reet. 25 — �_ 26 Mr. Jason 5356 Yukon Street NW, stated the initial 27 tree rembvxa� on thdcpl- de -sa&at the enc f 1;68th Avenue NW may result in equipment 28 on 169.. venue NWto- access tie trees but large grading and earth moving equipment 29 will acce 3ivaro Street�statethere are issues, they will have equipment on site to 30 correct any siltitation that could occur 2 31 32 Mr. Osberg apolo §ed to IMF; Brack for putting his business card on her house by 33 mistake as he intende to plc it on Mr. Edewaard's door to answer his questions. 34 35 Mr. Osberg stated he has walked this site many times with buyers and builders and all are 36 concerned about the trees. He stated they are willing to walk the site with neighbors once 37 it is surveyed and work with City staff to preserve individual trees. He also offered to 38 hold weekly meetings with residents during the project. 39 40 Mr. Neilson stated one possible way to protect trees is to simply set back the road 20 feet 41 from the east line of the developer's property. He stated the public roads in Andover and 42 most cities are 60 or 66 feet in width. In this development, it is at 50 feet in width. Mr. 43 Neilson suggested platting the 20 feet to the east of the road as an outlot so the big trees 44 can remain. He stated he assumes that moving Dakota Street to the west 20 feet still 45 gives the developer plenty of room for the homes. Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2018 Page 27 2 Mr. Lazan stated they have already added ten feet in space, Outlots B and C, to give room 3 to protect the trees and once accepted by the City, they will deed that land back to the 4 property owners. He explained that by policy, the City does not allow outlots unless 5 large tracks for future development so these are temporary outlots to preserve trees and 6 then it will be given to the adjacent property owners. 7 8 Motion by VanderLaan, seconded by Loehlein, to close the public hearing at 10:24 p.m. 9 Motion carried on a 6 -ayes, 0 -nays, 1- absent (Sims) vote. 10 11 Commissioner Koehler asked if there are plans fo�sments on 168' Avenue NW. 12 Community Development Director Janish stated,-- af- hililne, a road improvement on 13 168th Avenue NW is not in the City's five- or rexi-myear plat" is City policy that when 14 reconstruction occurs, an assessment occurs.- s.. 15 16 City Administrator Dickinson stated 16.. oAvenue NNW is-in the plan for 17 reconstructed and since there are no curb �"i utt would be airly minimal 18 reconstruction when it does occ , „ale explained' City's Assessm t Policy is to 19 assess 25 percent of the total pit back tWefiting properties and the City 20 covers 75 percent of the project cost. OnesCounty r, the City would look first to 21 Municipal State Aid (MSA) dollars b f abut k`-� ropertq��d not be assessed in that 22 case. 23 24 Commissioner Koehle tated it.zs not in t "eve- or ten -year plan for reconstruction and 25 whether or not this pvelog t goes t- _rough, that would not change. City 26 Admimsttnson led ache staff evaluates roads for reconstruction 27 and at_iime, 768_ ,venuIW does nvf cLuafiy for reconstruction. 28 29 Commisspr Loehlein sd 16 Avenue NW has 10 -15 years of life and when it is 30 reconstructede seven prop rties d be assessed. He asked if the City can require 31 the developer tray a propor n share should this development prematurely age 168' 32 Avenue NW. Or, ..the City'. andate the developer not to use 1681h Avenue NW. City 33 Administrator Dicktnp sta that has not historically been done. He noted all roads 34 are built to the same standard and this is a low use roadway. He stated he does not know 35 when it was constructed or on the next list, but the average life of a road is 25 -30 years. 36 City Administrator Dickinson stated the City does not have a degradation policy to 37 require the developer to pay for a road impacted through development. But the City has a 38 generous policy to pay 75 percent of the reconstruction costs. He noted temporary cul- 39 de -sacs are designed to be extended as development occurs and there are many in 40 Andover. 41 42 Commissioner Koehler asked if this cul -de -sac was signed saying it was temporary. 43 Community Development Director Janish answered in the affirmative, noting that 44 signage has been in place since shortly after it was constructed. 45 Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2018 Page 28 1 Commissioner VanderLaan stated as the progression of this development goes along, and 2 should the seven residents determine the road condition is unsatisfactory, is there a 3 vehicle they can use to petition the City for a 429 assessment hearing and then proceed to 4 reconstruct the road and distribute costs back to the property owner. She asked if that is a 5 feasible situation should they find their road is deteriorating, to communicate with the 6 City and petition. City Administrator Dickinson stated under 429, there are a resident 7 petition process and City- initiated process. For the most part, road projects in Andover 8 are City- initiated. It is a City policy, not State mandate, to cover 75 percent of the project 9 cost and assess the remaining 25 percent. He stated if there is a petition for improvement, 10 the Council could consider whether it is deterior - to the point it should be 11 reconstructed. If approved, there will be a publ hearing, feasibility analysis to 12 determine the estimated cost, bid letting, and pubhn=, rtt � _on the assessment. He noted 13 the City has to be able to prove benefit at the level of the asgb�sment. 14 15 Chairperson Nemeth asked about using MA-to fund the turn laisi _ City Administrator 16 Dickinson stated if an MSA road, the City* the ability to allocht vlSA funds if the 17 project meets their criteria. _ 18 - - 19 Chairperson Nemeth asked about A �aro- Street and City guidelines for maintenance 20 should the developer's equipmentiat��in the ,ad. Community Development 21 Director Janish stated he does not`ow v riteria ggers maintenance but the 22 applicant has talked ,wt hX4he City E eers so `they are mare of it. He stated the 23 developer's agreemeticould llxire main of t dway during the project. 24 - 25 City Administrator Dickinson sec the issue>of how Jivaro Street has to be maintained 26 will be part +he pre comet% meeting. Ifbeyond minimum maintenance criteria, 27 the devel�aper world be look to covet. 28 29 Commis r Loehlein rte_ enced' he previous comments received from Mr. Hennessey 30 and Mr. Celt ents and d wheer they have been considered. Community 31 Development Okeptor Janish,',--- ated those comments were received recently and during 32 the recess, Mr. Lawn spoke nth Messrs. Hennessey and Clements and addressed their 33 concerns. 34 35 Commissioner Koehler asked about the trail easement and gap in terms of where the trail 36 will run and how that issue may be resolved. Community Development Director Janish 37 stated staff will meet with individuals to discuss the potential location of the trail. Those 38 conversations have not yet occurred. 39 40 Commissioner Loehlein stated the Planning Commission is considering this preliminary 41 plat and whether it conforms to the PUD, but the PUD has already been approved. He 42 stated it is a moot point but he takes exception to the assertion that if not a PUD, then 43 with R -1 zoning the property would be clear cut and divided into tracts because this 44 property would not lend itself to that due to the unbuildable area. Commissioner 45 Loehlein stated under R -1 zoning, you would not get 24 lots as you can with a PUD. He l 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 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2018 Page 29 stated the Council discussed taking out a lot or two so it was less dense, which he would have liked to see, but this plat is for 24 lots. Commissioner Loehlein reviewed the density calculations and stated while he is not satisfied with where it ended up, that is what was approved. He complemented the developer on the changes made with respect to properties at the end of 168th Avenue NW by bringing Dakota Street a bit to the west, noting it resulted in a positive change for those property owners who are used to living on a cul -de -sac. Chairperson Nemeth stated his biggest thoroughfare but he realizes that when fully entry and exit. He stated he hopes the City Avenue NW deteriorate because of this devt of the road's current condition so it car- Chairperson Nemeth stated the PUD loop, $ the developer could have bulldozed the site "a' this approval. Instead, the developer is giv features, which he did not have to Motion by VanderLaan, seconde( approval of the Preliminary Plat of residential lots and.Iw�Outlots, resolution. Motion Tied on *a City Planner Hanson 18, 2018 QjgPOpg ci planning fear is 1681' 'Avenue NW becoming a developed, there will be additional points of holdiitssessment policy should 168th !lcp neiit. He eaed the City make note determined that becomes an issue. trod, noting there hU.ibeen give and take as dd�received 23 -24 lots without coming in for ins luffs� nreservin es and sellable 1_ Wger, to recommend to the City Council e'Om _Petersearms consisting of 24 rural to the etditio -' as detailed in the draft Y's, ( Oehler` gild Loehlein), 1- absent vote. be before the Council at the September reported on City Council action related to Motion by Loehlein, seconded by Daninger, to adjourn the meeting at 10:59 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Sims) vote. Respectfully Submitted, Carla Wirth, Recording Secretary TimeSaver Off Site Secretarial, Inc. 1 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 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PLANNING AND ZONING COMMISSION WORKSHOP MEETING SEPTEMBER 25, 2018 The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Nemeth on September 25, 2018, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Dean Daninger, Bert Koehler IV, Nick Loehlein, and Mary VanderLaan. Commissioners absent: Scott Hudson and Jeff Sims. Also present: Community Development Director Joe Janish City Planner Stephanie Hanson Others DISCUSSION OF 2018 COMPREHENSIVE PLAN UPDATE City Planner Hanson stated tonight's discussion will focus on Chapter 1: Foundation of the Comprehensive Plan, and Chapter 6: Implementation. • Goals, Objectives, and Policies City Planner Hanson reviewed the information received from the Metropolitan Council outlining what is required to be contained in the City's Comprehensive Plan. It was noted that Chapter 1 describes the goals of the community and the strategies that are employed to achieve them. City Planner Hanson stated she had already updated the growth forecast table. Chairperson Nemeth asked whether that forecast is based on where the Metropolitan Council thinks the City's population will be in 2030 and 2040. City Planner Hanson stated that is correct and those numbers are required to be within the Plan but the City is not held to meet them. Commissioner Loehlein asked if the purpose is for the City to grow in a denser manner, is it just a projection, or a deeper meaning. City Planner Hanson stated the Metropolitan Council uses what it believes will be growth in the metro area and then divides it between communities. The Metropolitan Council does prefer a denser population but that is not a requirement. Andover Planning and Zoning Commission Workshop Meeting Minutes — September 25, 2018 Page 2 1 Commissioner Loehlein referenced the opening paragraph, Identity, and stated he has no 2 problem with it but wondered if a survey had been conducted to back up resident's 3 priorities or was this a subjective identity statement. City Planner Hanson stated it is 4 more of a subjective identity statement, but resident surveys have been conducted in the 5 past to provide information. 6 7 Commissioner Daninger stated it seems like this Plan review is a lot easier this time and 8 asked if that is because there are not as many drastic changes. City Planner Hanson 9 agreed this Comprehensive Plan update is easier than the last time. 10 11 Commissioner Daninger recalled that the 2008 update resulted in many residents 12 attending Planning Commission meetings to provide feedback. City Planner Hanson 13 agreed and stated it was because that Plan included major land use changes and this time 14 it is just to update the numbers and include the transportation plan. Also, in 2008 one of 15 the big issues was the Rural Reserve area and change in the Metropolitan Urban Service 16 Area (MUSA) boundaries. 17 18 Commissioner Daninger stated the goal is to get the information out so when it is viewed 19 by the public, the City can answer questions asked. 20 21 Chairperson Nemeth asked whether the MUSA is changed in this Plan update. City 22 Planner Hanson answered there are no changes to the MUSA boundaries. In addition, the 23 City Engineer has conducted calculations of service areas and determined the City is at 24 capacity considering anticipated urban development on the eastern side of the Winslow 25 property. City Planner Hanson explained with the Winslow Woods plat, the MUSA will 26 be pushed under the tracks to serve the eastern side. 27 28 Overarching Goals, Obiectives, and Policies 29 30 City Planner Hanson presented Goal 1: `Maintain and enhance the quality of life in 31 Andover,' and the accompanying objectives and policies. 32 33 Commissioner Koehler stated preserving the rural character of the community is 34 frequently the cause of debate at Planning Commission meetings. He asked what is the 35 definition of `rural character,' which some think means no homes being constructed, or 36 one home on 2.5 acre or larger lots. He asked if there is anything more specific to 37 provide a definition of `rural character.' City Planner Hanson referenced the policy 38 statement, noting the Metropolitan Council defines rural development as 2.5 acres. 39 40 Commissioner Koehler stated that is Rural Residential but residents say Rural Residential 41 and Rural are different and they don't want residential in many cases if in their own back 42 yard. He stated he understands the Metropolitan Council definition of Rural Residential 43 and wondered if the City has a statement or definition. 44 Andover Planning and Zoning Commission Workshop Meeting Minutes — September 25, 2018 Page 3 1 City Planner Hanson referenced Chapter 2 and the Implementation chapter where the 2 rural character of the community is defined, noting it is Rural Residential. Andover is 3 classified as a Rural Residential community with one home per 2.5 acres. She noted the 4 Rural Residential Reserve Area is one house per ten acres. The City takes the 5 Metropolitan Council's definition of Andover as Rural Residential and that is 6 incorporated into the Comprehensive Plan. 7 8 Commissioner Koehler noted often the comment on support for Rural is accompanied by 9 the conflicting request for more restaurants. 10 11 Chairperson Nemeth asked if the Metropolitan Council is guiding what they consider to 12 be `rural' and when compared to other locations, `rural' denotes the same tone in those 13 areas. City Planner Hanson agreed and stated it is a blanket land use defined by the 14 Metropolitan Council. 15 16 Commissioner VanderLaan stated while the Metropolitan Council has that consistent 17 definition, residents attending meetings have a different definition. However, she noted 18 the Planning Commission needs to remain consistent when applying those guidelines. 19 20 Commissioner Daninger stated Rural Reserve at four houses per acre (with City utilities) 21 will eventually be R -4, which is a confusing term. He asked if that can be clarified in this 22 Plan update. City Planner Hanson stated it cannot because it is defined by the 23 Metropolitan Council and that definition must be used in the Comprehensive Plan. 24 25 City Planner Hanson presented Goal 2: `Maintain a high degree of community planning 26 and involvement,' and the accompanying objectives and policies. 27 28 Commissioner Koehler referenced the first policy listed: `Provide access to information 29 in a variety of forms including the newsletter, official newspaper, website, and televised 30 meetings. He stated he sees Fire Chief Streich providing information on safety, noting 31 the City does a terrific job in certain venues to provide access to information on -line, 32 outside of the City's website. He suggested that point of access also be referenced. 33 34 Commissioner Daninger referenced the sixth policy indicating: `Encourage resident 35 involvement through the public hearing process and utilize a variety of public hearing 36 notification methods including direct mailings, publication in the official newspaper, and 37 signs placed on subject properties.' He asked whether reference to `direct mailings' can 38 be eliminated, noting this is a ten -year plan. City Planner Hanson explained that by State 39 law, the City is required to make direct mailings. 40 41 Commissioner Daninger stated support to remove the `direct mailings' reference 42 regardless as the State law may change over the next ten years. City Planner Hanson 43 stated that would require a change to State statute as it is legally defined as mail via the 44 US Post Office. She stated she will add reference to on -line sources as suggested by 45 Commissioner Koehler. Andover Planning and Zoning Commission Workshop Meeting Minutes — September 25, 2018 Page 4 2 Commissioner Koehler stated his support to offer the City's newsletter on -line rather than 3 receiving a mailed copy. 4 5 Commissioner Daninger stated all support the US Mail service; however, the younger 6 generation is not as reliant on mail or land line telephones. 7 8 Chairperson Nemeth noted if State statute or the Metropolitan Council does change 9 something, the City can amend the Plan to be reflective. City Planner Hanson confirmed 10 the City could amend certain section through an amendment process. 11 12 City Planner Hanson presented Goal 3: `Maintain the Comprehensive Plan as a relevant 13 official document,' and the accompanying objectives and policies. 14 15 Commissioner Loehlein asked how often a Comprehensive Plan amendment is made. 16 City Planner Hanson estimated one to two per year. 17 18 Commissioner VanderLaan referenced the policy subset indicating: `Conditions have 19 changed since the present land use designation was established such to warrant the 20 proposed amendment or the present land use designation is in error.' She noted when 21 considering the Petersen Farm project, it required a change from Ag Preserve to Rural 22 Residential. However, the Ag Preserve zoning was not an error but was an appropriate 23 land use at that time. She questioned the use of the word `error' as it would be 24 incompatible with past or future conditions and does not acknowledge the change that 25 occurred from the time it was a farming activity to today's use. 26 27 Commissioner Koehler noted the language includes the word `or,' so there is another 28 condition besides being in error. The language indicates: `...the present land use 29 designation was established such to warrant the proposed amendment or the present land 30 use designation is in error.' 31 32 City Planner Hanson explained that in the past, the City has had to amend the Plan due to 33 an error. 34 35 Commissioner Koehler stated he agrees with Commissioner VanderLaan's point about 36 the change in land use not being an error; however, there is another condition stated in 37 the language. 38 39 Commissioner VanderLaan thanked Commissioner Koehler for the clarification and 40 stated she sees that other condition is established. 41 42 City Planner Hanson presented Goal 4: `Allow residential growth while maintaining the 43 quality of natural resources and amenities,' and the accompanying objectives and 44 policies. 45 Andover Planning and Zoning Commission Workshop Meeting Minutes — September 25, 2018 Page 5 1 Commissioner Koehler stated this language gets at his initial comment about how you 2 define `rural' and not just `rural residential' as it is an issue raised regularly. He asked 3 how the City rates themselves against the Comprehensive Plan to determine if the goals 4 have been met. 5 6 Commissioner Daninger stated it is reviewed at the end of the year in a summary report. 7 8 Chairperson Nemeth stated with Comprehensive Plan amendments, he assumes either 9 staff periodically reviews the Comprehensive Plan to ensure the goals are being met and 10 if not, then an amendment may be made. City Planner Hanson stated that is correct and it 11 is typically handled by her. She stated there is not a specific meeting to review the goals 12 and objectives annually, but staff constantly reviews the Comprehensive Plan and drafts 13 amendments, when needed. 14 15 Commissioner Koehler stated goals should be measurable and the City should look to see 16 if they are being met which, as mentioned by Commissioner Daninger, is done at the end 17 of the year though the summary document. 18 19 City Planner Hanson presented Goal 5: `Encourage appropriate economic growth and 20 redevelopment,' and the accompanying objectives and policies. She noted there are few 21 redevelopment areas in Andover and as part of the Comprehensive Plan update, there has 22 been discussion on the location of higher density. 23 24 Commissioner Loehlein referenced the second objective: `Create a downtown area by 25 aggregating commercial land uses along Bunker Lake Boulevard between Hanson 26 Boulevard and Crosstown Boulevard.' He asked if there should be consideration of 27 expanding that zone to the west. City Planner Hanson stated the language is fine as 28 stated. 29 30 Chairperson Nemeth asked Commissioner Loehlein how far west he was thinking. 31 Commissioner Loehlein stated to Crosstown Drive as there is activity to purchase some 32 of the houses and to the west, there is commercial on the north side of Bunker Lake 33 Boulevard. 34 35 Chairperson Nemeth stated the big commercial hub with the Downtown Center is at 36 Round Lake Boulevard and Bunker Lake Boulevard. He noted from Hanson Boulevard 37 to Round Lake Boulevard, there are other pockets of commercial. 38 39 Commissioner VanderLaan asked whether there is evidence of skipped development on 40 Bunker Lake Boulevard from the chiropractic office, CVS, and Walgreens, noting there 41 is some residential activity and a nursery. City Planner Hanson stated the nursery is no 42 longer in operation. 43 Andover Planning and Zoning Commission Workshop Meeting Minutes — September 25, 2018 Page 6 1 Commissioner VanderLaan asked if skipped development should be addressed, noting 2 the Sonsteby property is 112 acres and reaches almost to that area. City Planner Hanson 3 stated it is just the northeast corner of Seventh Avenue and Bunker Lake Boulevard. 4 5 Commissioner Daninger noted that would be a large area for a downtown center. 6 7 City Planner Hanson pointed out that not much of that land is developable. s 9 Community Development Director Janish stated Sonsteby has 22 acres of buildable land 10 out of 114 acres owned due of flood plain and wetland impacts so it is mostly the corner 11 and area behind Slims Auto that can be developed. 12 13 Chairperson Nemeth agreed there is some hit and miss with commercial between 14 Crosstown Boulevard and Round Lake Boulevard. He stated it does not need to be 15 pushed beyond Crosstown Boulevard but there are several pockets on the south side of 16 Bunker Lake Boulevard. 17 18 Commissioner Daninger asked if the intent of the line having is to define a minimum. He 19 agreed the downtown area could be extended to Bunker Lake Boulevard. 20 21 Commissioner Loehlein referenced the policy indicating: `Maintain the existing 22 commercial nodes along Hanson Boulevard, Bunker Lake Boulevard, and Round Lake 23 Boulevard as cohesive, interrelated nodes of commercial activity,' which may cover the 24 issue he raised. 25 26 Commissioner Loehlein asked what is meant by the policy indicating: `Prevent 27 fragmented, uncoordinated and linear commercial development away from these 28 locations.' City Planner Hanson referenced the land use map and stated she would say it 29 is what is currently on Bunker Lake Boulevard. 30 31 Community Development Director Janish stated the intent is a mixed -use development 32 along Bunker Lake Boulevard with commercial and residential or mix to the back. He 33 pointed out and described areas along Bunker Lake Boulevard that are and are not 34 developable. He stated with the exception of the redevelopment area, Bunker Lake 35 Boulevard is pretty much developed from Hanson Boulevard to Crosstown Boulevard. 36 37 Commissioner Daninger raised the option of relocating the power substation and asked 38 whether it could be relocated to the old landfill property. Commissioner Loehlein stated 39 a solid subbase would be required to build a power substation. 40 41 The Planning Commissioners reviewed the land use map and asked questions of staff 42 about zoning, current and potential future uses. 43 44 City Planner Hanson presented Goal 6: `Protect and develop access for alternative energy 45 systems,' and the accompanying objectives and policies. Andover Planning and Zoning Commission Workshop Meeting Minutes —September 25, 2018 Page 7 2 Commissioner Koehler asked whether the Planning Commission discussed charging 3 stations for electric vehicles. City Planner Hanson stated it was decided to not do 4 anything at this time. Commissioner Koehler asked if any businesses have approached 5 the City about putting in charging stations. City Planner Hanson stated staff has not been 6 approached. Commissioner Koehler asked if there is anything in the Comprehensive 7 Plan to prevent it from occurring. City Planner Hanson stated there is not. 8 9 Chairperson Nemeth stated Kwik Trip had raised that option. Commissioner Daninger t0 stated they have a charging station in the back of their property. 11 12 Commissioner Loehlein explained how electric vehicles can be charged at different rates. 13 14 Commissioner Koehler stated the Planning Commission discussed how to list it in Code 15 and whether it would require a permit. At that time, staff suggested it not be addressed 16 until someone makes the request. 17 18 City Planner Hanson presented Goal 7:' Reduce maintenance and energy costs for public 19 facilities and infrastructure,' and the accompanying objective and policy. 20 21 No comments were made related to this goal, objective, or policy. 22 23 Housing Goals, Obiectives and Policies 24 25 City Planner Hanson presented the goal: `Provide a variety of housing types to 26 accommodate the life cycle needs of all residents,' and the accompanying objectives and 27 policies. She noted one objective is: `Utilize the existing housing stock to provide a 28 portion of the affordable housing demand projected by the Metropolitan Council.' 29 However, it is her understanding that existing housing stock cannot be used in the count 30 to provide affordable housing. She also presented the goal: `Remain responsive to 31 housing market demands through implementation of the Land Use Plan,' and the 32 accompanying objectives and policies. 33 34 Chairperson Nemeth referenced the policy: `Work with property owners to identify 35 sources of funding for home improvements to prevent deterioration of the City's older 36 homes.' He stated the City Council had discussed the policy of the City setting aside 37 money to address deteriorating property, which had been raised by one individual, but the 38 City Council decided not to do so. He asked whether it is appropriate to include that 39 language if there is no intent for the City to set aside funds to rehabilitate a home. 40 41 Commissioner Koehler noted the language does not reference the City. It states: `to 42 identify sources of funding.' 43 44 City Planner Hanson stated people have contacted the City asking if there are funding 45 sources but Andover does not have a revolving loan fund so staff directs them to Anoka Andover Planning and Zoning Commission Workshop Meeting Minutes — September 25, 2018 Page 8 1 County. She clarified that policy relates to identifying sources of funding, not providing 2 funding. 3 4 City Planner Hanson noted the second policy addresses continuing the housing 5 rehabilitation revolving loan program, which the City no longer has so that reference will 6 be removed. 7 8 Chairperson Nemeth noted the Minnesota Housing and Finance Agency used to have 9 programs and asked if that is what is being referenced in the two policies under 10 discussion. City Planner Hanson stated the Plan policies specifically relate to City 11 programs and the City does not have such a program. 12 13 Commissioner Koehler stated he has no problem directing people to outside resources or 14 local businesses, but the wording could be misconstrued as it refers to continuing a 15 program. City Planner Hanson recommended removing that bullet point. 16 17 Chairperson Nemeth suggested another option is to merge and redraft the two policies 18 into one policy. 19 20 Chairperson Nemeth raised the issue of life cycle housing and stated he thinks the City 21 offers housing for those who want to purchase a home or a townhome, but Millennials 22 like the uptown/downtown lifestyle which Andover does not provide. He would like to 23 see the City Council and EDA push for those individuals who are not ready to purchase a 24 house or townhome and prefer to rent. He pointed out that Andover has a lot to offer 25 with outdoor open spaces, trails, and parks, and suggested a smaller two -story 30 -unit 26 complex could provide that missing housing option. 27 28 Commissioner Loehlein referenced the policy: `Utilize the planned unit development 29 (PUD) review process for medium- and high- density residential projects...' He asked 3o about using the PUD process for low density residential projects. City Planner Hanson 31 stated one - quarter acre is low density. Community Development Director Janish stated 32 medium density is a rating based on the number of units. Through the PUD process, the 33 developer can cap out at 14.2 units per acre as opposed to 12 units per acre, creating 34 bonus units if the developer provides something additional in return such as architectural 35 elements or open space. 36 37 Commissioner Loehlein stated the language references medium- or high- density 38 residential projects yet the City looked at the Petersen Farm PUD as a low- density area. 39 He asked if this language should instead indicate it is used over all densities. 40 41 Commissioner Koehler noted the wording indicated a PUD process is used for medium - 42 and high- density residential projects but it does not say a PUD cannot be used for low - 43 density residential projects. He noted if the PUD process is used everywhere, then it 44 wouldn't have to be noted here. Commissioner Koehler stated he is comfortable with the 45 way this particular bullet point is written. Andover Planning and Zoning Commission Workshop Meeting Minutes — September 25, 2018 Page 9 2 Commissioner Loehlein stated since it calls out two types of density, it creates ambiguity 3 in his mind and he would ask if it should also call out low density. 4 5 Transportation Goals, Objectives, and Policies 6 7 City Planner Hanson presented the goal: `Provide a safe and efficient transportation 8 system that is cost effective and serves the existing and future access and mobility needs 9 of the City,' and the accompanying objectives and policies. She noted the City's to transportation plan has been updated. 11 12 Commissioner Koehler asked how much of the transportation system is beyond the City's 13 control as it involves Anoka County roads. He also asked about the process for the City 14 to request changes to Anoka County's transportation system. City Planner Hanson stated 15 the process involves City staff talking with Anoka County staff. 16 17 City Planner Hanson presented the goal: `Provide a coordinated transportation system 18 that is compatible with the adjacent municipality, Anoka County, Metropolitan Council, 19 and State of Minnesota transportation plans,' and the accompanying objective and policy. 20 21 No comments were made related to this goal, objective, or policy. 22 23 City Planner Hanson presented the goal: `Provide multi -modal transportation options 24 whenever and wherever feasible and advantageous,' and the accompanying objective and 25 policy. 26 27 Commissioner Loehlein stated this goal speaks to the earlier comment by Chairperson 28 Nemeth about higher- density housing for Millennials, noting they also use public 29 transportation. 30 31 Chairperson Nemeth stated his concern with the City looking at lower- income housing or 32 Section 8 because Andover does not have public transportation. 33 34 City Planner Hanson presented the goal: `Minimize impacts of the transportation system 35 on the natural environment,' and the accompanying objectives and policies. 36 37 Commissioner Koehler asked whether language should be included to address salting 38 roads and resulting natural environmental impacts. He recounted resident comments on 39 turf damage and noted this section could also address how streets are cleaned and 40 maintained. City Planner Hanson stated she will make a note of that item. 41 42 Chairperson Nemeth stated the issue with road salt deals with the winter season but there 43 are also issues during spring and summer seasons when a lot of roadway dirt can wash 44 into the storm sewer and maybe that should also be mentioned. 45 Andover Planning and Zoning Commission Workshop Meeting Minutes — September 25, 2018 Page 10 i Commissioner Koehler stated his point is not to call out a specific action or season but 2 rather, care of the transportation system. 3 4 City Planner Hanson presented the goal: `Enhance accessibility by providing an 5 interconnected multi -use trail system,' and the accompanying objectives and policies. 6 7 Chairperson Nemeth stated the Park & Recreation Commission continues to work on the 8 City's trail system, which is a monetary consideration so as money becomes available, 9 improvements are made. 10 11 Water Resources Goals, Obiectives, Policies t2 13 City Planner Hanson stated this section was presented at a prior meeting by Director of 14 Public Works /City Engineer David Berkowitz. 15 16 No comments were made related to these goals, objectives, or policies. 17 18 Parks and Open Space Goals, Obiectives, and Policies 19 20 City Planner Hanson presented Goal 1: `Provide parks and facilities that meet present 21 park needs and plan for the future needs of the City,' and the accompanying objectives 22 and policies. 23 24 Chairperson Nemeth asked where park dedication fees are placed. City Planner Hanson 25 stated the fees go to the Park Dedication Fund. 26 27 Commissioner VanderLaan referenced the policy: `Consider the adopted Guidelines for 28 Field Usage by Youth Athletic Associations.' She stated during an earlier Workshop, 29 there was discussion about needing $6 million to develop parks in the City. She stated it 30 is not a position of the Planning Commission to ask for fees from athletic associations, 31 but she wondered how much was collected from the athletic associations operating in 32 Andover. Commissioner VanderLaan stated her impression that no money is collected 33 and the City Council is reluctant to levy for park improvements. City Planner Hanson 34 stated she does not know but will research the item. 35 36 Commissioner VanderLaan stated athletic associations could potentially be a source of 37 funding for park improvements. She noted there was mention of volunteerism by the 38 athletic associations, but this may also be an area to get dollars to develop the City's 39 parks. 40 41 Commissioner Daninger stated volunteerism may deal with things like maintaining parks 42 but the City does not accept volunteerism to do things like mowing. He stated quite a bit 43 of money has been donated by athletic associations to update fields, though it is a 44 goodwill donation and not an obligation. In addition, the Baseball Association donated 45 money to develop a ballfield. Andover Planning and Zoning Commission Workshop Meeting Minutes — September 25, 2018 Page 11 2 Commissioner VanderLaan stated Andover is an attraction to families because of the 3 athletic associations and parks. Commissioner Daninger agreed. 4 5 Chairperson Nemeth stated when the Park & Recreation Commission considers requests 6 to utilize parks, a fee is charged for activities like tournaments. 7 8 With regard to the level of park land dedication fees, Community Development Director 9 Janish explained the City sets the fees based on the study findings. In addition, the fee is 10 limited by State statute, so the City can't rely on a peer review against other 11 communities. He noted it may be a question of whether peer cities have studies to 12 support the fees they are charging. 13 14 City Planner Hanson presented Goal 2: `Promote, protect, preserve and enhance the 15 City's natural and open space for the enjoyment of residents, protection of water and air 16 quality, and the preservation of wildlife habitat,' and the accompanying objectives and 17 policies. 18 19 Chairperson Nemeth asked about additional money being set aside for open space. City 20 Planner Hanson noted that would be a City Council decision. 21 22 Commissioner Koehler stated open space is phenomenal and asked whether there is a 23 way to measure the level of open space use to gauge whether more should be purchased. 24 25 Commissioner VanderLaan noted there is a dual purpose with open space as it is also an 26 issue of preservation, not just use. 27 28 • Implementation Plan 29 30 It was noted that most components of the Comprehensive Plan identify what Andover 31 intends to do over the next 30 years. The implementation portion of the Plan lays out 32 how the City intends to do it and when infrastructure investments will occur. 33 34 City Planner Hanson reviewed revisions that will be made. She stated once the Capital 35 Improvement Plan is adopted in October, those spreadsheets will also be included. 36 ' 37 Commissioner Daninger asked if those tweaks will come back to the Planning 38 Commission for review or go directly to the City Council. City Planner Hanson stated 39 she will provide a copy for Planning Commission review at a future Workshop. 40 41 Chairperson Nemeth asked if the Planning Commission will receive a copy of the 42 updated Comprehensive Plan. City Planner Hanson stated it is on line, an electronic copy 43 will be provided, and Commissioners can ask for a paper copy if they prefer. 44 Andover Planning and Zoning Commission Workshop Meeting Minutes — September 25, 2018 Page 12 1 OTHER BUSINESS. 2 3 Chairperson Nemeth asked about the next meeting date. City Planner Hanson stated she 4 has not seen any items for the October 9, 2018, meeting and the deadline is next Tuesday. 5 The Workshop on October 23, 2018 will include presentation and discussion of land uses, 6 land use maps, and the housing plan. 7 8 The Planning Commission agreed to meet in Workshop on October 9, 2018, if a regular 9 meeting is not scheduled. 10 11 Commissioner Daninger asked about the status of the clock tower, noting money is put 12 aside but now a very expensive sign was constructed where the clock tower was supposed 13 to be built. Community Development Director Janish clarified that the clocktower will 14 be part of the building constructed on that lot, which is part of that permit and PUD 15 amendment. It is not a separate clock tower. 16 17 Commissioner Daninger stated it was said the clock tower would not be built until the 18 location of all the buildings is known. Now a sign has been erected in the location he 19 thought the clock tower was to be located. 20 21 Commissioner Koehler recalled discussion of plans showing the clocktower as being part 22 of the side of a building. 23 24 Chairperson Nemeth stated this is a valid question and discussion as a clocktower was 25 promised as part of that development. 26 27 Commissioner VanderLaan stated there is a point at the intersection where the stoplight 28 pole blocks the sightline of the sign. Community Development Director Janish explained 29 that during the upcoming Hanson Boulevard reconstruction, the location of the signal 30 lights posts will be adjusted, which will minimize the obstruction. 31 32 ADJOURNMENT. 33 34 Motion by Koehler, seconded by Daninger, to adjourn the meeting at 7:46 p.m. Motion 35 carried on a 5 -ayes, 0 -nays, 2- absent (Hudson and Sims) vote. 36 37 Respectfully Submitted, 38 39 Carla Wirth, Recording Secretary 40 TimeSaver Off Site Secretarial, Inc. 2 3 4 5 6 7 PLANNING AND ZONING COMMISSION WORKSHOP MEETING 8 OCTOBER 9, 2018 9 10 The Workshop Meeting of the Andover Planning and Zoning Commission was called to 11 order by Chairperson Kyle Nemeth on October 9, 2018, 6:00 p.m., at the Andover City 12 Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. 13 14 Commissioners present: Dean Daninger, Scott Hudson, Bert Koehler IV, Nick 15 Loehlein, Jeff Sims, and Mary VanderLaan. 16 17 Commissioners absent: None. 18 19 Also present: Community Development Director Joe Janish 20 City Planner Stephanie Hanson 21 22 23 DISCUSSION OF 2018 COMPREHENSIVE PLAN UPDATE. 24 25 • Land Use Plan 26 27 City Planner Stephanie Hanson stated tonight's discussion will focus on Chapter 2: Land 28 Use Plan of the Comprehensive Plan that defines the different land uses that exist in 29 Andover and describes the growth management strategies that guide future development. 30 Also included are zoning /land use maps. 31 32 City Planner Hanson stated copies of Chapter 2 have been provided for the Planning 33 Commission at tonight's meeting with additional changes, as well as a pack of updated 34 maps. She noted the maps will not be available on the City website until the 35 Comprehensive Plan is finalized. 36 37 Metropolitan Council Plannine Area Designations 38 39 City Planner Hanson stated Metropolitan Council had previously required 2 zoning 4o designations in the City of Andover: Developing and Rural Residential. She added that 41 has been changed by the Metropolitan Council to three designations, as included in 42 Chapter 2 of the Land Use Plan: Emerging Suburban Edge (ESE), Rural Residential (RR) 43 and Diverse Rural (DR). She noted that certain irrelevant language has been deleted, and 44 Metropolitan Council zoning language added to describe the land use designations. 45 Andover Planning and Zoning Commission Workshop Meeting Minutes — October 9, 2018 Page 2 1 Chairperson Nemeth asked why the Metropolitan Council is requiring a change to 3 2 zoning designations. City Planner Hanson stated she has contacted the City's 3 representative at the Metropolitan Council for clarification, but she has not heard back. 4 She added Residential Land Use Districts remain the same, although the Rural Reserve 5 Residential was added in Spring 2018. 6 7 City Planner Hanson stated maximum PUD density has been highlighted in the table. 8 She added the City is not required by the Metropolitan Council to include maximum 9 PUD density, so the Planning Commission and City Council will need to decide whether to to leave it in the Land Use Plan. She noted Community Development Director Joe Janish 11 had indicated that the City Council may want to change maximum PUD density for 12 Urban Residential High Density (URH) areas. 13 14 Community Development Director Janish agreed, stating the redevelopment area adjacent 15 to Bunker Lake Boulevard falls within that district, and there is a cap of 14.4. He added 16 14.4 might not be the best number considering costs related to land acquisition and 17 development. He noted the City Council and Economic Development Authority (EDA) 18 have yet to agree on a specific number or decide to set a maximum cap for PUDs. 19 20 Community Development Director Janish stated the City Council decided on the 14.4 cap 21 because they wanted to prevent unrealistic proposals from developers. He added in this 22 way, the City can create the community by having a cap. 23 24 Commissioner Daninger expressed his support of a cap, as the concept makes sense. He 25 asked whether a cap would apply in the rural area, as the language is unclear in either the 26 Comprehensive Plan or Land Use Plan. City Planner Hanson stated caps can be used in 27 rural areas and have been used before. She added there's no specific regulation in rural 28 areas. She noted there is no language in the Comprehensive Plan, but it can be added to 29 the Zoning Code. 30 31 Commissioner VanderLaan stated the measure of controversy should be balanced with 32 information provided to property owners so they are aware of imminent changes. She 33 added this will be a good way to initiate public discussion regarding a cap, or whether 34 such conditions are necessary. 35 36 City Planner Hanson stated PUDs are not allowed in the Rural Reserve Residential 37 (RRR) zone. Community Development Director Janish stated area property owners in 38 this area were made aware of changes to the Comprehensive Plan during a recent 39 Comprehensive Plan Amendment process. 40 41 Chairperson Nemeth asked for clarification regarding a sentence prior to the table, that 42 begins with "The City reaches agreement" that residential development in the Residential 43 Reserve will be developed at 3 units per net acre once the use becomes available. He 44 added the table shows a density of 1 unit per 10 acres. 45 Andover Planning and Zoning Commission Workshop Meeting Minutes — October 9, 2018 Page 3 1 City Planner Hanson stated that is what is currently allowed, but when property becomes 2 available it will be taken out of the rural residential reserve and the density will change. 3 She added the Metropolitan Council wanted a written assurance within the Land Use 4 Plan amendment that the zoning would be changed when land becomes available. 5 6 Commissioner Koehler stated he does not support including a cap in the Comprehensive 7 Plan, as it will be difficult to change the rule later if necessary. He added this would be 8 more appropriate in the Zoning Code. 9 10 City Planner Hanson confirmed that a Comprehensive Plan amendment could be 11 necessary if a developer requests a zoning change, for which City Council approval is 12 required. The Planning Commission can set the maximum PUD density, but this is not 13 explicitly stated in the Comprehensive Plan. 14 15 City Planner Hanson stated the Metropolitan Council is not concerned with restricting 16 PUDs; in fact, they prefer more density. 17 18 Community Development Director Janish stated maximum PUD density is restricted by 19 several factors, including sewer allocation. He added, in the M1 District, it is more 20 feasible to consider re- zoning than to do a PUD. 21 22 Chairperson Nemeth asked what determines specified maximum density. Community 23 Development Director Janish stated he believes the City Council decided that 14.4 24 provides a different look than 25. He stated the City Council and EDA looked at a four - 25 story facility with higher density and determined that it was not a good fit for Andover. 26 27 City Planner Hanson stated the City is not required to have a maximum PUD density by 28 the Metropolitan Council in the Comprehensive Plan, but it is necessary to include it in 29 the City Code. 30 31 Commissioner Koehler stated, as part of the PUD evaluation process, the City should 32 consider what an area would be like if it was not a PUD. He added another guideline is 33 not necessary as the City can decide to reverse the PUD. He noted a PUD must fit the 34 character of the neighborhood, which in itself provides guidance for zoning. 35 36 Commissioner Koehler asked if there was a specific reason that the City Council settled 37 on 14.4, and whether it has been challenged. 38 39 Chairperson Nemeth stated he is surprised that the Metropolitan Council does not require 40 a minimum. Community Development Director Janish stated there has been a minimum 41 amount for medium and high density, but not low density. 42 43 Community Development Director Janish stated the Planning Commission's consensus 44 seems to be to remove the cap and initiate discussion regarding a specific number that 45 would be included in the Ordinance but not the Comprehensive Plan. Andover Planning and Zoning Commission Workshop Meeting Minutes — October 9, 2018 Page 4 2 Commissioner Koehler agreed, adding he still questions the need for a number, but it 3 should not be in the Comprehensive Plan in any case. A basic PUD will be based on the 4 character of the neighborhood, and zoning guidance is already in place. 5 6 City Planner Hanson asked City Administrator Jim Dickinson if he remembers the 7 reasoning behind the 14.4 maximum PUD Density. 8 9 Mr. Dickinson stated, prior to 2008, the City Council discussed a number that would 10 meet Metropolitan Council requirements and arrived at a number that was as low as 11 possible. The driving factor was the proposed new high school, which was in the 12 planning stages, and the designated land had to meet the appropriate zoning requirements 13 was in Agriculture Preserve. The Metropolitan Council negotiated housing goals for the 14 community, and the City Council manipulated the low minimum density to .72. 15 16 17 18 19 20 21 22 23 24 25 26 Councilmember VanderLaan asked whether the issue was that the land designated for the new high school was a flood plain. Mr. Dickinson stated he does not recall whether that was an issue. Chairperson Nemeth asked when City utilities are required for light industrial development, such as Hughes Industrial Park. City Planner Hanson confirmed this. Community Development Director Janish stated Hughes Industrial Park has its own section of the Code related to utilities. Sewer Staeine Plan - Urban and Rural Growth Forecast 27 City Planner Hanson stated, regarding the Sewer Staging Plan in the Urban and Rural 28 Growth Forecast, the last sentence was deleted as figures are derived from both the City 29 and Metropolitan Council. She noted the Engineering Department determines an end 30 number and reviews the Metropolitan Council's numbers and arrives at a compromise. 31 32 City Planner Hanson stated, regarding Agricultural Preserve (AG), Eveland's Farm is the 33 only property in that zoning district. City staff updated that number. Eveland's Farm has 34 not filed an 8 -year request, but City staff would be notified if an expiration date is 35 determined. 36 37 Commissioner Koehler requested clarification regarding the 2nd to last sentence first 38 paragraph: "Parcel must be 40 acres in size ". He added the previous line specifies 39 maximum density of 1 house per 40 acres. City Planner Hanson stated 40 acres is not a 40 requirement. 41 42 Flood Plains 43 44 City Planner Hanson stated, regarding Flood Plains, the last plan used 1986 data, so City 45 staff obtained updated information as of 2013. Andover Planning and Zoning Commission Workshop Meeting Minutes — October 9, 2018 Page 5 2 Housing Plan 3 4 City Planner Hanson stated there are no changes to the Housing Plan, with 3.28 persons 5 per household, according to 2010 census. She added the graphs have not been updated. 6 7 Housing Stock Summary 8 9 Chairperson Nemeth requested clarification regarding a statement in the Housing Stock to Summary: "a variety of housing types are available for individuals and families in all I 1 stages of the life cycle." 12 13 City Planner Hanson stated that was not changed from the previous plan. She added the 14 City of Andover does not have a strong selection of life -cycle housing. Chairperson 15 Nemeth agreed. 16 17 City Planner Hanson stated there was not much updating required, except for some 18 changes to the Sewer Staging Plan made by the Engineering Department. She added the 19 Engineering Department is also updating two tables in the original packet: 2.6 and 20 2.7/2.78, which will be included. 21 22 Commissioner Koehler requested clarification regarding the Sewer Staging Plan, along 23 Coon Creek Drive south of the Rural Reserve area. He asked whether sewer would be 24 moving into the Rural Reserve. City Planner Hanson stated that was a different plan, as 25 the Rural Reserve originates in a different area. 26 27 Community Development Director Janish agreed, adding the Rural Reserve follows the 28 completed wetland project. He added Director of Public Works Dave Berkowitz had 29 indicated that directional borings were done on either side of the road. He noted sewer 30 staging plans are developed in incremental stages, and the map is designed to show 31 Metropolitan Council the City's plans for potential future development. 32 33 Land Use Mans 34 35 City Planner Hanson stated changes to the Land Use Maps were insignificant, and City 36 staff does not plan on changing or extending any land uses. She added Agricultural 37 Preserve was eliminated in the Comprehensive Plan amendment and is now Rural 38 Reserve. She noted Rum River Central Park should be changed to light green. 39 40 City Planner Hanson stated Country Oaks North is on the map as Single Family — Urban 41 and will be changed to Single Family — Rural, which is the correct classification. 42 43 City Planner Hanson stated regarding the area at Crosstown Boulevard and 161st 44 Avenue, the City Council and City staff have reviewed a potential zoning change from 45 Transitional Business (TB) to Urban Residential (UR). She added property owners Andover Planning and Zoning Commission Workshop Meeting Minutes — October 9, 2018 Page 6 1 would be notified of this potential zoning change, although they are aware of the current 2 zoning. 3 4 Chairperson Nemeth requested clarification regarding the Mark Smith development, and 5 whether he is purchasing a parcel in Ham Lake to extend sewer services. 6 7 City Planner Hanson stated Mr. Smith approached City staff at both Andover and Ham 8 Lake to discuss his opportunity to purchase the home to the east in Ham Lake. She added 9 the proposed development would be zoned urban density, and the City of Ham Lake is 10 not interested. She noted the proposed development was not added to the map as it was I 1 not formally approved and recorded with the County, although the preliminary plat was 12 approved. 13 14 Community Development Director Janish stated the Ham Lake City Council will take 15 final action on this issue at their October 15, 2018 meeting. 16 17 City Planner Hanson stated the Transitional Residential area, which includes a 9 -lot 18 development reviewed by the Planning Commission in September 2018, would also be 19 changed to Urban Residential and the Land Use Map would need to be updated. She 20 added any map updates must be submitted to the Metropolitan Council for approval. She 21 noted existing maps are not changed until the Comprehensive Plan is reviewed and 22 updated. 23 24 Community Development Director Janish stated City staff has discussed the potential for 25 residential development at Crosstown Boulevard and Hanson Boulevard, which is 26 currently advertised as Commercial. He added this is not the most ideal location for 27 residential properties, as access would be through the commercial area. 28 29 Commissioner Koehler stated the City should have a plan to expand commercial use 30 elsewhere if this area is changed to residential. 31 32 Commissioner VanderLaan stated many residents love the rural nature of the community, 33 but commercial properties — businesses and restaurants — are also desirable. 34 35 Community Development Director Janish asked whether the Planning Commission 36 would be open to a mix of commercial and residential uses. He added this information 37 will help City staff advise and give guidance to individuals interested in developing that 38 area. 39 40 Chairperson Nemeth asked whether the property could go through a PUD to change the 41 land use. City Planner Hanson confirmed this. 42 43 Chairperson Nemeth asked, if the development becomes residential, whether the City 44 would go through the PUD process and designate an amount that the City would take 45 back. Andover Planning and Zoning Commission Workshop Meeting Minutes — October 9, 2018 Page 7 2 City Planner Hanson stated any loss in density would have to be made up elsewhere. She 3 added the density within the development could be increased, as it is part of a 4 redevelopment area. 5 6 Commissioner VanderLaan reviewed two significant points related to commercial use 7 of the property at Crosstown Boulevard and Hanson Boulevard that must be considered: 8 traffic congestion and the commercial tax base. 9 10 Commissioner Koehler asked how much commercial tax base funding the City would 11 lose if that area becomes residential, and whether that should be considered. 12 13 Community Development Director Janish asked whether the Commission would be open 14 to a buffer along the street. 15 16 Commissioner VanderLaan stated she would support that because it would satisfy 17 concerns of residential property owners who have built homes there. She added there is a 18 vacant lot there now, and measures of concern would be different for that property. She 19 noted a buffer would be in the best interests of existing residents. She stressed the 20 importance of determining what the City would lose because of it. 21 22 Commissioner Daninger stated he believes the area should stay commercial, as residents 23 like having the businesses there, although buffering will be an issue. He added it is the 24 ideal location for a local commercial area. 25 26 Commissioner Koehler stated he agrees, although there is currently a lot of commercial 27 use right in the path of kids walking home from school, and a lot of traffic. He added 28 there are ways to address those types of concerns and increase safety, such as walking 29 paths and controlled intersections. 30 31 Chairperson Nemeth requested clarification regarding the Hanson Boulevard 32 reconstruction project. Community Development Director Janish stated that project will 33 be completed in two phases: from Jay Street to the elementary school's southern entrance 34 in 2019, and from southern entrance to just past the YMCA in 2020. Traffic lanes will be 35 open during construction. 36 37 Commissioner Loehlein stated he is open to allowing residential use at Hanson Boulevard 38 and Crosstown Boulevard. Most residents would agree that something should be done 39 there, as it is currently an empty field. 40 41 Community Development Director Janish stated a senior housing component would be 42 considered a residential use. He added some senior services would require a Conditional 43 Use Permit. 44 Andover Planning and Zoning Commission Workshop Meeting Minutes — October 9, 2018 Page 8 1 OTHER BUSINESS. 2 3 Commissioner Koehler asked whether the property on South Coon Creek Drive with a 4 garage on its property line will be addressed by City staff. He added the Planning 5 Commission approved a lot split on this property conditional upon removal of the garage. 6 He noted the garage is still there. 7 8 City Planner Hanson stated that deadline comes up in January 2019. She added she has 9 not heard anything about that. She added a lot with only an accessory structure is not 10 allowed by Ordinance. She noted the structure on the property met the setback 11 requirements of 10 feet from the side property line. 12 13 Commissioner VanderLaan asked whether City staff believes Andover will have to deal 14 with the "small house movement ". City Planner Hanson stated that will not be a problem 15 in Andover, as City Code stipulates that residential homes must have a permanent 16 foundation. 17 18 Commissioner VanderLaan asked what the minimum allowable square footage for a 19 home built in the City of Andover. City Planner Hanson stated the minimum square 20 footage of a foundation for a split -level home is approximately 900 square feet, and 21 approximately 1,000 square feet for a rambler. 22 23 City Planner Hanson stated the Planning Commission's next regularly scheduled meeting 24 is November 13, 2018. 25 26 ADJOURNMENT. 27 28 Motion by Chairperson Nemeth, seconded by Commissioner Koehler, to adjourn the 29 meeting at 7:23 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. 30 31 Respectfully Submitted, 32 33 Mary Mullen, Recording Secretary 34 Timesaver Off Site Secretarial, Inc. 35 l _ / 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Joe Janish, Community Development Director SUBJECT: PUBLIC HEARING: Consider Conditional Use Permit / Planned Unit Development Amendment — Preserve at Petersen Farms — 7th Avenue /165th Avenue NW — JD Andover Holdings DATE: November 13, 2018 INTRODUCTION The Planning and Zoning Commission is asked to review a Conditional Use Permit (CUP)/ Planned Unit Development (PUD) Amendment for Preserve at Petersen Farms. This request would extend the current PUD Minimum requirements from the east (Phase 1) over the remainder of the property. The proposed amendment area does have additional criteria as a portion has an area defined as Shoreland. Tonight's request does not change Phase 1. The proposal this evening would establish minimum requirements for the additional property and would require an amendment at time of preliminary plat. 2 The attached drawings are to be reviewed as a "PUD Sketch" indicating how the remainder of the property may develop. The PUD is requested by Landform, on behalf of JD Andover Holdings, who has a purchase agreement for the property. The PUD narrative submitted by the developer is attached for your review. ❖ As the draft supportive resolution is prepared, the CUP/PUD would need to be amended to include the preliminary plat as part of the CUP/PUD application. Again tonight's request does not change "Phase 1" requirements or apply to Existing OUTLOTs A, B, C. DISCUSSION According to City Code 13 -3 Planned Unit Development, the purpose of a PUD is to encourage more efficient allocation of density and intensity of land use where such arrangement is desirable and feasible by providing the means of greater creativity and flexibility in environmental design than provided under strict application of the standards set in code. Attached for your review is City Code 13 -3. City Code 13 -3 -9 regulates the findings that are required for a PUD to be approved and 13 -3 -11 identifies desirable PUD design standards that are sought in any PUD proposal. As part of the attached PUD Narrative, the applicant addresses the design qualities they believe the city seeks when granting for a PUD proposal as identified in City Code 13 -3 -11. City Code 13 -3 -9 states the following required findings for the Council to consider when approving a PUD (italicized responses are from the applicant's narrative, staff review will be provided later in the staff report): 1. The proposed development is not in conflict with the goals of the Comprehensive Plan for the City. The proposed project is guided RR Rural Residential. This comprehensive plan land use is consistent with the surrounding land uses, which are all RR Rural Residential. The proposed development will be consistent with the goals of the Comprehensive Plan. 2008 Comprehensive Plan Goals that may be relevant which are found in Chapter 1: Foundation of the Comprehensive Plan (see attachment for additional goals). Overarching Goals, Objectives and Policies Goal 1: Maintain and enhance the quality of life in Andover Land Use Goals, Objectives and Policies Goal 4: Allow residential growth while maintaining the quality of natural resources and amenities. Goal: Reduce maintenance and energy costs for public facilities and infrastructure. 3 Housing Goals, Objectives and Policies Goal: Provide a variety of housing types to accommodate the life cycle needs of all residents. Transportation Goals, Objectives and Policies Goal: Minimize impacts of the transportation system on the natural environment. 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. We are proposing to create custom home sites to allow for flexibility for the buyer and a more attractive neighborhood in Andover. 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. This approach will allow flexibility in the placement of single-family homes on each lot while preserving the natural environment. The low - impact qualities of this development will lead to a desirable and unified environment. 3. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of PUD. Our proposal is requesting flexibility from lot size and lot width standards in the R -1 District and Shoreland Overlay district and from minimum ROW width in the subdivision ordinance. The requested flexibilities contribute to achieving the purpose of a PUD, specifically: • The lot size change contributes to achieving a higher quality PUD development because it helps to preserve a larger number of existing trees, it allows for linear cluster development that preserves the natural features and allows for the dedication ofsignificant open space within the development. • The lot width change contributes to achieving a higher quality PUD development because it permits the development to arrange lots to preserve trees, minimize wetland impacts and preserve natural features. • The ROW width change contributes to achieving a higher quality PUD development because it allows for a rural street section that minimizes tree removals and allows for wider drainage and utility easements that can be used as ditches for stormwater management. The use of ditches will also reduce the number of trees removed because we will not need traditional ponding to achieve stormwater requirements. 4. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. The PUD proposal includes our development plan that shows how the overall property and adjacent large lot residential properties could be developed, visualizing how future 3 M development could be planned for. Each phase of the development would contribute to the overall development but would be independent of the previous and future phases. ❖ The City Council will need to determine if the developer's proposal satisfactorily meets these required findings. Shoreland Manaeement Within the an unnamed recreational lake 87W, exists. The applicant has provided an 11x17 map titled "Shoreland Overlay Development Density." As part of the Shoreland Ordinance, the applicant needs to verify the proposed density by creating a tier system of 267 feet. Density is then compared to City Code within these tiers. The Shoreland Ordinance also allows for a density increase if a developer provides a larger setback (125 feet vs. 100 feet from the waterbody Ordinary High Water (OHW)) and placing vegetation requirements around the recreational lake. 4 61 Below is a chart and map that shows the Shoreland Overlay Density Data. This chart includes the acreage within each 267 -foot tier based on total acres, non - developable acres, base density (what is allowed without an increase), bonus density (what is allowed with the increase due to larger setback and vegetation requirements) and finally the number of proposed lots by the developer within each tier. Shoreland Overlay Den ity Data Tier Total Area Acres Non- Developable Acres Developable (Acres) Base Density Bonus Density Proposed # of Lots 1 31.3 6.0 25.3 10.1 15.2 11 2 27.2 9.9 17.4 7 13.9 8 3 32.2 11.0 21.2 8.5 25.4 12 4 27.5 6.9 20.6 8.2 24.7 8 TOTAL 118.1 33.7 84.5 33.8 79.2 39 *map and chart created by LANDFORM iI rel At this level of detail the 1,000 foot Shoreland Overlay from the recreational lake is shown using Light Detection And Ranging (LIDAR 2 foot contours). At time of preliminary platting, the 1,000 foot overlay location and associated calculations will be further refined. Due to the Shoreland Overlay District, additional responsibilities are required of the developer. These include a Mandatory Home Owners Association (HOA) and City code provides requirements of the HOA. Residential Planned Unit Developments (PUDs) within a shoreland area requires a property owner association agreement (for residential PUDs) with mandatory membership, and addresses the following within City Code 13 -4 -9 F: 1. Maintenance and Design Criteria; 2. Open Space Requirements: Planned Unit Developments must contain open space; 3. Erosion Control And Storm Water Management; and 4. Centralization And Design Of Facilities. The applicant has indicated the development will meet all other shoreland standards including: • 125 -foot setback from the recreational lake with additional vegetative management to ensure a lessened impact on the lake. • 25% max impervious coverage. • 25 -foot max building height. • 50 %open space preservation within the Shoreland Overlay area. This is calculated on the exhibit labeled "Shoreland Overlay Open Space" Lot Standards Lot standards in the R1 — Single Family Rural district require 2.5 -acre lots with a 300 -foot lot width at the front yard setback, as does the Shoreland Overlay. The PUD proposes lot sizes to range from 1.5 — 3.97 acres and lot widths ranging from 101 — 458 feet at the front yard setback (the width of the lot 40 feet from the right of way). Each lot will meet the minimum requirement of 13,600 square feet of buildable area. The standard R -1 requirement allows for 3,600 square feet for a home location and two 5,000 square foot locations for septic systems. The applicant is proposing to provide an additional 29,960 square feet of "usable" area that does not include bluffs and wetlands, making the PUD "usable" 2 CITY CODE REQUIREMENTS SHORELAND REQUIREMENTS PUD PROPOSAL MINIMUM Lot size /Gross Density 2.5 acres /0.4 units per acre 2.5 acres /0.4 units per acre 1.5 + acres /0.33 units per acre Lot Width 300 feet 300 feet 100 Lot Depth 150 feet 150 feet +150 feet Lots allowed on 336.1 acres 134 - 110 proposed Each lot will meet the minimum requirement of 13,600 square feet of buildable area. The standard R -1 requirement allows for 3,600 square feet for a home location and two 5,000 square foot locations for septic systems. The applicant is proposing to provide an additional 29,960 square feet of "usable" area that does not include bluffs and wetlands, making the PUD "usable" 2 7 minimum 1 acre (43,560 square feet) vs. the standard 13,600 square feet. This "one acre" would be the area of the lot that does not include bluffs and wetlands. Setbacks The applicant is also asking to continue with a front yard setback of 30 feet vs. 40 feet. Street Improvements As part of the PUD request, the applicant is asking for flexibility with street construction standards. The city standards, PUD proposal and staff recommendations are as follows: Street Improvements: Right of Way Width: City staff supports the proposal for a 50 -foot right of way. This reduced right of way still allows enough space for snow and storm water storage. There will be additional dedicated drainage and utility easements outside the right of way. Rural Street Pavement Width: Staff supports the proposed 27 -foot pavement width and the 18- inch ribbon curb on each side of the road. Staff is also comfortable with parking on one side of the street. Rural Street Pavement Width Including Curb (no ditches): The typical width of a new street section from curb to curb is 31 feet. This includes 28 inches of surmountable curbing on each side. The applicant is proposing a 30 foot width, which includes 18 inches of ribbon curbing on each side. The 18 inches of concrete ribbon curbing on each side of the street will maximize the protection of the edge of paved surface from the wear and tear of vehicle parking and snow removal. Since storm water will be treated within the ditch area, the ribbon curb will better allow the flow of water into the ditches yet support the edging of the paved area. MSA Route Navajo Street will be constructed to meet MSA standards including width, right of way and pavement section. This MSA route would need to be designed to accommodate parking, with off street parking, or widened to allow for parking on the shoulder. Utilities Each of the lots will be served by individual septic systems and private wells. 7 City PUD Standard Proposal Right of Way 50 feet / width 60 feet 60 feet Rural Street Pavement width 26 - 31 feet 27 feet Rural Street Pavement width including Curb (no ditches) 31 feet 30 feet Right of Way Width: City staff supports the proposal for a 50 -foot right of way. This reduced right of way still allows enough space for snow and storm water storage. There will be additional dedicated drainage and utility easements outside the right of way. Rural Street Pavement Width: Staff supports the proposed 27 -foot pavement width and the 18- inch ribbon curb on each side of the road. Staff is also comfortable with parking on one side of the street. Rural Street Pavement Width Including Curb (no ditches): The typical width of a new street section from curb to curb is 31 feet. This includes 28 inches of surmountable curbing on each side. The applicant is proposing a 30 foot width, which includes 18 inches of ribbon curbing on each side. The 18 inches of concrete ribbon curbing on each side of the street will maximize the protection of the edge of paved surface from the wear and tear of vehicle parking and snow removal. Since storm water will be treated within the ditch area, the ribbon curb will better allow the flow of water into the ditches yet support the edging of the paved area. MSA Route Navajo Street will be constructed to meet MSA standards including width, right of way and pavement section. This MSA route would need to be designed to accommodate parking, with off street parking, or widened to allow for parking on the shoulder. Utilities Each of the lots will be served by individual septic systems and private wells. 7 Parks and Open Space The applicant proposes a 46 -acre protected open space that is proposed in the northern portion of the development near the recreational lake. This open space is created by the transfer of density from developable acres within the open space, to the adjacent acres of the project less sensitive to the disturbance as part of the low- impact approach to the development. This proposed space allows for a connection to Martin's Meadows to the North. As the developer has indicated this space would be platted as an outlot and could be deeded to the City. ❖ Staff has included language within the proposed approval resolution that the applicant shall deed the 46 -acre open space lot to the City of Andover as agreed to by the terms and conditions of the City Council and recommendation by the Parks and Recreation Commission. The applicant is proposing an additional outlot for the site containing the existing machine sheds (storage buildings). The applicant is currently evaluating proposed uses for the buildings and currently thinking of a form of shared storage space, public gathering space, pocket park or another type of amenity. The applicant indicates during the first phase review, the Parks Commission requested a park in this proposed development area, and that the width of the ROW or an easement on the East/West road be adequate to support a future trail. The applicant is proposing the public park component be located at the southernmost portion of the dedicated open space where access and continuity are maximized and at the location of the existing machine sheds. ❖ If Council agrees the machine sheds (storage buildings) could be re used as part of the development the use within the buildings: • The "use" of the buildings needs to be a permitted use within the R -I zoning; • The building will need to be evaluated by appropriate means to determine compliance with the appropriate "use" related to building code. This evaluation may also require the need for fire suppression of the buildings. • The building will need to be evaluated for architectural compatibility with the proposed residential structures. • The applicant will provide for off - street parking for the proposed "use" of the building. Staff suggests the Planning and Zoning Commission and City Council to request the developer provide a solution for off street parking for Martin's Meadows as part of the Planned Unit Development (PUD) proposal. d• Applicant shall provide off street parking for Martin's Meadows as approved by City Council. The need for off street parking is necessary due to the extension of the temporary cul -de -sac and future designation of the existing street to a MSA route. Other Standards With a PUD, all standards apply as typical, unless otherwise specified in the PUD request. The applicant is asking for deviations from the minimum standards as it relates to: lot size, lot width E at the front yard setback, ROW width and street design for a low impact development (ribbon curb vs. "highback" curb). All other regulations will still apply at time of development. HOMEOWNERS ASSOCIATION (HOA) The applicant has indicated that they plan extend the current HOA to maintain any common areas, monuments, along with enforcement of certain "uses" on the properties. These "uses" have been noted as not allowing for ATV use except for normal domestic chores, and additional outside storage. The HOA would be the entity that is responsible for the enforcement of the items listed as being restricted. It should also be noted that as individuals purchase property within the development, the buyer receives a copy of the HOA rules and requirements and title companies generally require acknowledgment of the document. That means the buyer will be aware of what the HOA will expect as it relates to any restrictions. This notice of HOA regulations carries forward to second and future buyers of the property as well. PLANNING AND ZONING COMMISSION ACTION REQUESTED The Planning and Zoning Commission is asked to consider a recommendation to the City Council. City staff has prepared two draft resolutions; one for approval and started a denial resolution. If the Planning and Zoning Commission desires to deny the CUP /PUD Amendment request staff will draft a denial resolution based on tonight's discussion for City Council consideration. The City Council should consider City Code 13 -3 -9 required findings during the discussion of tonight's request whether it be for approval or denial of the request: 1. The proposed PUD is not in conflict with the goals of the Comprehensive Plan for the City; 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries; 3. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of a PUD; 4. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Res tfully submitted, Joe Janish M 10 Attachments Draft Resolution of Denial .11 Draft Supportive of Approval. .14 Applicants Narrative .19 2008 Comprehensive Plan Goals .29 City Engineer Letter .41 Anoka County Highway Letter dated May 7, 2018 .43 Public Hearing Notification Area .45 City Code 13 -3 Planned Unit Development (PUD) .46 City Code 13 -4 -9 Shoreland Management Planned Unit Developments .50 Acreage Location Map .51 PUD Development Plan .52 Typical Surrounding Lot Sizes .58 Shoreland Overlay Open Space .59 Shoreland Overlay Development Density .60 PUD Master Development Plan — Figure Ground .61 Cc: - Jason Osberg, Metrowide Development, 15356 Yukon St. NW, Andover, MN 55304 - Darren Lazan, Landform Professional Services, LLC 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 - Kevin Shay, Landform Professional Services, LLC 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 - Diane Park, 1524 1551" Lane NW, Andover, MN 55304 10 11 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION DENYING THE CONDITION USE PERMIT / PLANNED UNIT DEVELOPMENT AMENDMENT REQUESTED BY LANDFORM, ON BEHALF OF JD ANDOVER HOLDINGS, AS SHOWN AS PUD MASTER DEVELOPMENT PLAN DATED 10.23.2018, LEGALLY DESCRIBED AS: • Part of PID: 07- 32 -24 -41 -0001; legally described as: UNPLATTED GROW TWP NE1A OF SE1 /4 SEC 7 -32 -24 • Part of PID: 07- 32 -24 -14 -0001; legally described as: UNPLATTED GROW TWP SE1 /4 OF NE1 /4 SEC 7 -32 -24 • Part of PID: 07- 32 -24 -11 -0001; legally described as: THAT PRT OF GOVT LOT 2 OF SEC 07 TWP 32 RGE 24 LYG SLY OF RUM RIVER, EX RD, SUBJ TO EASE OF REC • PID 07- 32 -24 -42 -0001; legally described as: UNPLATTED GROW TWOP NW1 /4 OF SE1 /4 SEC 7/32/24 • PID: 07- 32 -24 -43 -0003; legally described as: THAT PRT OF SW1 /4 OF SE' /4 OF SEC 7 TWP 32 RGE 24 LYG W OF E 701.69 FT THEREOF, EX RD SUBJ TO EASE OF REC • PID: 07- 32 -24 -43 -0002; legally described as: THE E 701.69 FT PF SW 1/40F SE1 /4 SEC 7 TWP 32 RGE 24, EX RD SUBJ TO EASE OF REC • PID: 07- 32 -24 -34 -0002; legally described as: THAT PRT OF SE1 /4 OF SW1 /4 OF SEC 7 TWP 32 RGE 24 DESC AS FOL: BEG AT NE COR OF SD 1/4 1/4, TH S 89 DEG 52 MIN 15 SEC W, ASSD BRG, ALG N LINE THEREOF 975.88 FT, TH S 04 DEG 29 MIN 59 SEC W 231.03 FT, TH S 85 DEG 30 MIN 01 SEC E 240 FT, TH S 04 DEG 29 MIN 59 SEC W 778.17 FT, TH S 89 DEG 46 MIN 20 SEC W 113.41 FT, TH S 00 DEG 13 MIN 40 SEC E 225.28 FT TO NLY R/W LINE OF ANOKA CO HWY R/W PLAT NO 4,TH N 89 DEG 46 MIN 20 SEC E ALG SD NLY R/W LINE 71.24 FT, TH ELY ALG SD NLY R/W LINE & ALSO ALG TAN CUR CONC TO S RAD OF 1152.20 FT & CEN ANG OF 12 DEG 25 MIN 43 SEC 249.94 FT, TH N 89 DEG 46 MIN 20SEC E NOT TAN TO SD CUR & ALG SD NLY R/W LINE 622.87 FT TO INTER/W E LINE OF SD 1/4 1/4, TH N 00 DEG 37 MIN 23 SEC W ALG SD E LINE 1276.18 FT TO POB, EX RDS, SUBJ TO EASE OF REC • PID 07- 32 -24 -33 -0001; THE SWI /4 OF SW1 /4 OF SEC 07 TWP 32 RGE 24, EX RD, SUBJ TO EASE OF REC • PID 07- 32 -24 -34 -0003; legally described as: THE SE1 /4 OF SW1 /4 OF SEC 7 TWP 32 RGE 24, EX THAT PRT DESC AS FOL: BEG AT NE COR OF SD 1/4 1/4, TH S 89 DEG 52 MIN 15 SEC W, ASSD BRG, ALG N LINE 975.88 FT, TH S 04 DEG 29 MIN 59 SEC W 231.03 FT, TH S 85 DEG 30 MIN 01 SEC E 240 FT, TH S 04 DEG 29 MIN 59 SEC W 778.17 FT, TH S 89 DEG 46 MIN 20 SEC W 113.41 FT, TH S 00 DEG 13 MIN 40 SEC E 225.28 FT TO NLY R/W LINE OF ANOKA CO HWY R/W PLAT NO 11 M 4, TH N 89 DEG 46 MIN 20 SEC E ALG SD NLY R/W LINE 71.24 FT, TH ELY ALG SD NLY R/W LINE & ALSO ALG TAN CUR CONC TO S RAD OF 1152.20 FT & CEN ANG OF 12 DEG 25 MIN 43 SEC 249.94 FT, TH N 89 DEG 46 MIN 20 SEC E NOT TAN TO SD CUR & ALG SD NLY R/W LINE 622.87 FT TO INTER/W E LINE OF SD 1/4 1/4, TH N 00 DEG 37 MIN 23 SEC W ALG SD E LINE 1276.18 FT TO POB, EX RD, SUBJ TO EASE OF REC • PID 07- 32 -24 -32 -0001; legally described as: THE NWl /4 OF SW1/4 OF SEC 7 TWP 32, RGE 24 EX RD SUBJ TO EASE OF REC • PID 07- 32 -24 -31 -0001; legally described as: UNPLATTED GROW TWP NE1 /4 OF SWIA SEC 7 -32 -24 • PID 07- 32 -24 -23 -0002; legally described as: SW1 /4 OF THE NW1 /4 OF SEC 7 T32 R24 TOG /W THAT PRT OF THE NW1 /4 OF THE NW1 /4 SD SEC DESC AS FOL: COM AT THE INTER OF THE NLY EXTN OF THE WLY LINE OF THE PLAT OF GROW OAK VIEW ESTATES & THE N LINE OF SD 1/4,1/4, TH S 0 DEG 26 MIN E ALG SD WLY LINE & EXTN 1287 FT TO THE POB, TH W PRLL /W SD N LINE 338.46 FT, TH S 0 DEG 26 MIN E TO THE S LINE OF SD 1/4,1/4, TH ELY ALG SD S LINE TO THE WLY LINE OF SD PLAT, TH NLY ALG SD WLY LINE TO THE POB; EX RD; SUBJ TO EASE OF REC • PID 07 -32- 2424 -0001; legally described as: UNPLATTED GROW TWP SE1 /4 OF NWl /4 SEC 7/32/24 WHEREAS, Landform, on behalf of JD Andover Holdings has requested a Conditional Use Permit for a Planned Unit Development (PUD) for PRESERVE AT PETERSEN FARMS PUD MASTER DEVELOPMENT PLAN, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of City Code and would have a detrimental effect upon the health, safety, general welfare, values of property and scenic views in the surrounding area, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of City Code; as the proposed PUD is in conflict with the goals of the Comprehensive Plan for the City; and; WHEREAS, the Planning and Zoning Commission recommends to the City Council the denial of the Conditional Use Permit request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover does hereby deny the Conditional Use Permit/ Planned Unit Development for PRESERVE AT PETERSEN FARMS PUD MASTER DEVELOPMENT PLAN DATED 10.23.2018, on the above legally described property due to the following findings: 1. 2. 3 4 5 12 Adopted by the City Council of the City of Andover on this day of 12018. CITY OF ANDOVER ATTEST: Julie Trude, Mayor Michelle Hartner, Deputy City Clerk 13 13 14 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE CONDITION USE PERMIT / PLANNED UNIT DEVELOPMENT AMENDMENT REQUESTED BY LANDFORM, ON BEHALF OF JD ANDOVER HOLDINGS, AS SHOWN PRESERVE AT PETERSEN FARMS PUD MASTER DEVELOPMENT PLAN DATED 10.23.2018, LEGALLY DESCRIBED AS: • Part of PID: 07- 32 -24 -41 -0001; legally described as: UNPLATTED GROW TWP NEU4 OF SE1 /4 SEC 7 -32 -24 • Part of PID: 07- 32 -24 -14 -0001; legally described as: UNPLATTED GROW TWP SE1 /4 OF NEI /4 SEC 7 -32 -24 • Part of PID: 07- 32 -24 -11 -0001; legally described as: THAT PRT OF GOVT LOT 2 OF SEC 07 TWP 32 RGE 24 LYG SLY OF RUM RIVER, EX RD, SUBJ TO EASE OF REC • PID 07- 32 -24 -42 -0001; legally described as: UNPLATTED GROW TWOP NW1/4 OF SE1 /4 SEC 7/32/24 • PID: 07- 32 -24 -43 -0003; legally described as: THAT PRT OF SW1 /4 OF SE/40F SEC 7 TWP 32 RGE 24 LYG W OF E 701.69 FT THEREOF, EX RD SUBJ TO EASE OF REC • PID: 07- 32 -24 -43 -0002; legally described as: THE E 701.69 FT PF SW/40F SEIA SEC 7 TWP 32 RGE 24, EX RD SUBJ TO EASE OF REC • PID: 07- 32 -24 -34 -0002; legally described as: THAT PRT OF SETA OF SWIM OF SEC 7 TWP 32 RGE 24 DESC AS FOL: BEG AT NE COR OF SD 1/4 1/4, TH S 89 DEG 52 MIN 15 SEC W, ASSD BRG, ALG N LINE THEREOF 975.88 FT, TH S 04 DEG 29 MIN 59 SEC W 231.03 FT, TH S 85 DEG 30 MIN 01 SEC E 240 FT, TH S 04 DEG 29 MIN 59 SEC W 778.17 FT, TH S 89 DEG 46 MIN 20 SEC W 113.41 FT, TH S 00 DEG 13 MIN 40 SEC E 225.28 FT TO NLY R/W LINE OF ANOKA CO HWY R/W PLAT NO 4,TH N 89 DEG 46 MIN 20 SEC E ALG SD NLY R/W LINE 71.24 FT, TH ELY ALG SD NLY R/W LINE & ALSO ALG TAN CUR CONC TO S RAD OF 1152.20 FT & CEN ANG OF 12 DEG 25 MIN 43 SEC 249.94 FT, TH N 89 DEG 46 MIN 20SEC E NOT TAN TO SD CUR & ALG SD NLY R/W LINE 622.87 FT TO INTER/W E LINE OF SD 1/4 1/4, TH N 00 DEG 37 MIN 23 SEC W ALG SD E LINE 1276.18 FT TO POB, EX RDS, SUBJ TO EASE OF REC • PID 07- 32 -24 -33 -0001; THE SWIA OF SW114 OF SEC 07 TWP 32 RGE 24, EX RD, SUBJ TO EASE OF REC • PID 07- 32 -24 -34 -0003; legally described as: THE SETA OF SWIA OF SEC 7 TWP 32 RGE 24, EX THAT PRT DESC AS FOL: BEG AT NE COR OF SD 1/4 1/4, TH S 89 DEG 52 MIN 15 SEC W, ASSD BRG, ALG N LINE 975.88 FT, TH S 04 DEG 29 MIN 59 SEC W 231.03 FT, TH S 85 DEG 30 MIN 01 SEC E 240 FT, TH S 04 DEG 29 MIN 59 SEC W 778.17 FT, TH S 89 DEG 46 MIN 20 SEC W 113.41 FT, TH S 00 DEG 13 MIN 40 SEC E 225.28 FT TO NLY R/W LINE OF ANOKA CO HWY R/W PLAT NO 4, TH N 89 DEG 46 MIN 20 SEC E ALG SD NLY R/W LINE 71.24 FT, TH ELY ALG 14 15 SD NLY R/W LINE & ALSO ALG TAN CUR CONC TO S RAD OF 1152.20 FT & CEN ANG OF 12 DEG 25 MIN 43 SEC 249.94 FT, TH N 89 DEG 46 MIN 20 SEC E NOT TAN TO SD CUR & ALG SD NLY R/W LINE 622.87 FT TO INTER/W E LINE OF SD 1/4 1/4, TH N 00 DEG 37 MIN 23 SEC W ALG SD E LINE 1276.18 FT TO POB, EX RD, SUBJ TO EASE OF REC • PID 07- 32 -24 -32 -0001; legally described as: THE NW1 /4 OF SWIA OF SEC 7 TWP 32, RGE 24 EX RD SUBJ TO EASE OF REC • PID 07- 32 -24 -31 -0001; legally described as: UNPLATTED GROW TWP NE1 /4 OF SW1 /4 SEC 7 -32 -24 • PID 07- 32 -24 -23 -0002; legally described as: SWl /4 OF THE NWI /4 OF SEC 7 T32 R24 TOG /W THAT PRT OF THE NW1/4 OF THE NWI /4 SD SEC DESC AS FOL: COM AT THE INTER OF THE NLY EXTN OF THE WLY LINE OF THE PLAT OF GROW OAK VIEW ESTATES & THE N LINE OF SD 1/4,1/4, TH S 0 DEG 26 MIN E ALG SD WLY LINE & EXTN 1287 FT TO THE POB, TH W PRLL /W SD N LINE 338.46 FT, TH S 0 DEG 26 MIN E TO THE S LINE OF SD 1/4,1/4, TH ELY ALG SD S LINE TO THE WLY LINE OF SD PLAT, TH NLY ALG SD WLY LINE TO THE POB; EX RD; SUBJ TO EASE OF REC • PID 07 -32- 2424 -0001; legally described as: UNPLATTED GROW TWP SEIA OF NWI /4 SEC 7/32/24 WHEREAS, Landform on behalf of JD Andover Holdings has requested a Conditional Use Permit for a Planned Unit Development (PUD) for Phase 1 of PETERSEN FARMS, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does meet the criteria of City Code and would not have a detrimental effect upon the health, safety, general welfare, values of property and scenic views in the surrounding area, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and determined that said request does meet the criteria of City Code and 13 -3 -9 and 13 -4 -9; as the proposed PUD is in conflict. This residential zoning district has requirements in place to retain rural zoning and the Planned Unit Development project does not meet heat requirement based on the long cut de sacs and lots less than 2.5 acres. WHEREAS, the Planning Zoning Commission further determined the Planned Unit Development project conflicts with Land Use Goals, Objectives and Policies Goal 4 to allow residential growth while maintaining the quality of natural resources and amenities. WHEREAS, the Planning and Zoning Commission recommends to the City Council the a roval of the Conditional Use Permit/Planned Unit Development request, and; WHEREAS, the City Council of Andover has reviewed the request and has determined that said request does meet the criteria of City Code because: 15 16 1. The proposed development is not in conflict with the goals of the Comprehensive Plan for the City. The proposed CUP/PUD request is in alignment with the Comprehensive Plan as it meets the following goals: Overarching Goals, Objectives and Policies, Goal 1: Maintain and enhance the quality of life in Andover. The proposed project has been designed to minimize impacts to wetlands and bluffs. The applicant is providing larger usable space for each lot, which is a minimum of 43,560 square feet vs. the R -1 requirement of 13,600 square feet. Land Use Goals, Objectives and Policies, Goal 4: Allow residential growth while maintaining the quality of natural resources and amenities. The proposed project will utilize Low Impact Development (LID) features such as infiltration ditches, and smaller roadways. The applicant will continue to work through the development process minimizing tree removal on the property and reduce the amount of destabilization of the soil. Goal: Reduce maintenance and energy costs for public facilities and infrastructure. As part q f the LID development, the roadway will be narrower creating less cost for future replacement. The development will have minimal stormwater hard infrastructure reducing the cities costs of long -term maintenance. Housing Goals, Objectives and Policies Goal: Provide a variety of housing types to accommodate the life cycle needs of all residents. While some lots will be under the 2.5 acre R -1 standard, each lot will have at least 43,560 square feet of "usable "property. Transportation Goals, Objectives and Policies Goal: Minimize impacts of the transportation system on the natural environment. The lots under 2.5 acres will allow for the placement of the road in a location that minimizes the "cuts" and 'fills " on the property. The placement of the roadway will allow the lots to be laid out in a manner that minimizes the removal of the trees on the property at the time of development. The master plan calls for additional connections to adjacent roadways allowing for additional access to this development and others. 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. The applicant is proposing to create custom home sites to allow for flexibility for the buyer and a more attractive neighborhood in Andover. 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. This approach will allow flexibility in the placement of single-family homes on each lot while preserving the natural 16 17 environment. The low - impact qualities of this development will lead to a desirable and unified environment. The smaller lots will also allow more open space to occur around the recreational lake. 3. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of PUD. The applicant's proposal is requesting flexibility from lot size and lot width standards in the R -1 District and Shoreland Overlay District and from minimum ROW width. The requested flexibilities contribute to achieving the purpose of a PUD, specifically: • The lot size change contributes to achieving a higher quality PUD development because it helps to preserve a larger number of existing trees, it allows for linear cluster development that preserves the natural features and allows for the dedication of significant open space within the development. • The lot width change contributes to achieving a higher quality PUD development because it permits the development to arrange lots to preserve trees, minimize wetland impacts and preserve natural features. • The ROW width change contributes to achieving a higher quality PUD development because it allows for a rural street section that minimizes tree removals and allows for wider drainage and utility easements that can be used as ditches for stormwater management. The use of ditches will also reduce the number of trees removed because we will not need traditional ponding to achieve stormwater requirements. 4. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. The PUD proposal includes our development plan that shows how the overall property and adjacent large lot residential properties could be developed, visualizing how future development could be planned for. Each phase of the development would contribute to the overall development but would be independent of the previous and future phases. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby disagrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit/Planned Unit Development request on the above legally described property for PETERSEN FARMS phase 1 with the following conditions: 1. The developer shall amend this PUD to include the preliminary plat. The lot width shall not be less than 100 feet at the front yard setback. 2. The lot size shall not be less than 1.50 acres in size. 3. Each lot shall have a minimum of 1 acre of property that is not bluff or wetland. 4. The overall density shall not exceed .40 units per acre. 5. Developer shall provide a 50' ROW with additional drainage and utility easements for roadways with the exception of the MSA designated route within the development. 6. The MSA designated route shall meet MSA requirements. 17 18 7. Developer shall be responsible for meeting Anoka County Highway Departments comments. 8. Local roadways shall be "Low Impact Development" in nature (27' asphalt width, with 18 -inch ribbon curb on both sides). 9. Developer shall adhere to platting process and meet requirements and items identified through that process. 10. Roadways shall be extended to the edge of the plat. 11. Developer shall address staff comments in Engineers Letter dated May 14, 2018. 12. If Council agrees the machine sheds (storage buildings) could be repurposed as part of the development: a. The "use" of the buildings needs to be allowed under City Code (Permitted Use or obtain a Conditional Use Permit (CUP)) within the R -1 zoning; b. The building will need to be evaluated by appropriate means to determine compliance with the appropriate "use" in building code. This evaluation may also require the need for fire suppression of the buildings. c. The building will need to be evaluated for architectural compatibility with the proposed residential structures. d. The applicant will provide for off - street parking for the proposed "use" of the building. 13. Residential Planned Unit Developments (PUDs) within a shoreland area requires a property owner association agreement (for residential PUDs) with mandatory membership, and addresses the following within City Code 13 -4 -9 F: a. Maintenance and Design Criteria; b. Open Space Requirements: Planned Unit Developments must contain open space; c. Erosion Control And Storm Water Management; and d. Centralization And Design Of Facilities. 14. Applicant shall deed the 46 -acre open space lot to the City of Andover as agreed to by the terms and conditions of the City Council and recommendation by the Parks and Recreation Commission. 15. Applicant shall provide off street parking for Martin's Meadows as approved by City Council. The need for off street parking is necessary due to the extension of the temporary cul -de -sac and future designation of the existing street to a MSA route. Adopted by the City Council of the City of Andover on this day of , 2018. CITY OF ANDOVER ATTEST: Julie Trude, Mayor Michelle Hartner, Deputy City Clerk IV 19 Narrative Proposed 2 "d Amendment to the Planned Unit Development (PUD) for Petersen Farms Andover, MN L A N D F 0 R M 20 Narrative 2nd Amendment to the PUD Development Plan for Petersen Farms Andover, MN Revised October 25, 2018 21 Table of Contents Introduction........................................................................................................ ............................... 2 FullPUD Development Plan .................................................................................. ............................... 2 LotStandards ...................................................................................................... ............................... 2 ShorelandOverlay ............................................................................................... ............................... 3 StreetImprovements ........................................................................................... ............................... 4 Connectivity........................................................................................................ ............................... 4 Parkand Open Space .......................................................................................... ............................... 4 PUDFindings ....................................................................................................... ............................... 5 PUDFlexibility ..................................................................................................... ............................... 6 Summary............................................................................................................ ............................... 8 ContactInformation ............................................................................................ ............................... 8 22 Introduction On behalf of JD Andover Holdings, LLC, Landform is pleased to submit this application for approval of an amendment to the Planned Unit Development (PUD) for future phases of Petersen Farms. The PUD amendment request is to include the additional Petersen Farms land under the PUD standards approved as part of phase 1 development. The development plan is shown for conceptual purposes, and includes thirteen parcels (approximately 411.40 gross acres) of land on the agricultural farm located at 165th Avenue NW and Roanoke Street NW. The land is currently used as an existing family farm. (PID # 07- 32- 24 -43- 0003, 07- 32 -24 -43 -0002, 07- 32 -24 -34 -0002, 07- 32 -24 -34 -0003, 07- 32 -24 -33 -0001, 07- 32 -24- 32 -0001, 07- 32 -24 -31 -0001, 07- 32 -24 -23 -0002, 07- 32 -24 -24 -0001, 07- 32 -24 -42 -0001, 07 -32- 24 -41 -0001, 07- 32 -24 -14 -0001, 07- 32- 24 -11- 0001). Building on the low- impact design philosophy and success of The Preserve at Petersen Farms, the project will be designed and developed by Metrowide Development and Landform Professional Services, LLC. Both the development team, and the Petersen Family are excited about the improvements proposed for this site and look forward to working with staff, planning commission, and council on another successful project. Full PUD Development Plan The parcels consist of agricultural fields, woodlands and large wetlands. The public streets have been located to minimize the disturbance of the existing trees, bluff lines and topography for the proposed lots. We are proposing to create custom home sites to allow 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. Accordingly, and as with The Preserve, the grading plan and tree preservation plan for the individual lots would be developed and approved by staff at the time of building permit. A separate grading and tree preservation plan for the new streets will be provided with the preliminary plat. This approach will allow flexibility in the placement of single family homes on each -_ lot-while presewlrtgthe natural environment:_ - - -- - -- - - The proposed property has a current land use designation of Rural Residential and is currently zoned R -1 Single Family Rural. Lot Standards Single- family homes in the R -1 district require a minimum lot size of 2.5 acres, a minimum width of 300 feet and a minimum lot depth of 150 feet. We are requesting flexibility in the bulk area standards of the R -1 district to match the area standards approved as part of the phase 1 development including lot size and dimension, primarily to have the flexibility to minimize tree removal and wetland impacts. A summary table showing the minimum and average lot sizes and lot widths at the setback are shown on the development plan. LDP17002 L A N D F O R M Revised October 25, 2018 Future Phase PUD Narrative 2 23 The development plan has been designed to allow lot sizes that are consistent with those of the adjacent residential properties with the smallest lot being 1.5 -acre. All parcels have a minimum of 1 -acre net land area. For the purposes of this development, net land area is defined as the gross land area minus delineated wetlands and defined steep slopes. The public streets have been located to minimize the disturbance of the existing trees and minimize required grading for the new street. A grading and tree preservation plan for the new streets will be provided with the preliminary plat. Shoreland Overlay Included in the development area is a lake classified as recreational lake 87W in Andover's Surface Water Management Plan. The 1,000 -foot Shoreland Overlay boundary from the recreational lake is shown using the existing contours, and the OHWL will be confirmed during the survey of the site. Single- family homes in the Shoreland District for a recreational lake require a minimum lot size of 2.5 acres and a minimum lot width of 300 feet. To determine compliance with the density requirements the 1,000 -foot shoreland boundary was broken down into 267 -foot tiers. Each tier was then evaluated for the amount of land suitable to development, which excludes wetlands, bluffs and land below the OHWL. The suitable land was divided by the allowable lot size of 2.5 acres to determine the density allowed within each tier. The table shown on the exhibit labeled "Shoreland Overlay Density" provides information on the allowed units and shows the areas evaluated to determine the allowed units. We are requesting the same PUD flexibility for lot size and lot width that is being sought from the R -1 standards for the overall development. The PUD flexibility allows the homes to be clustered on suitable areas for development while natural areas are preserved. The PUD flexibility would be from the city standards for shoreland overlays, while still maintaining compliance with the state standards. The development will meet all other shoreland standards including: • 125 -foot setback from the recreational lake with additional vegetative management to ensure a lessened impact on the lake. 25c_max_impervious_cDverage-- • 25 -foot max building height. • 50% open space preservation. This is detailed on the exhibit labeled "Shoreland Overlay Open Space ". As an offset to the requested flexibility, the proposed layout dedicates nearly 50 acres and roughly half of the shoreland of this lake as dedicated open space. The net effect of this approach is a more effective allocation of the density to the east side, and a relatively similar impact to the lake in terms of units abutting the shoreland. The dedicated open space will ensure access to, and enjoyment of the lake for the broader community. LDP17002 L A N D F O R M Revised October 25, 2018 Future Phase PUD Narrative 3 24 Street Improvements Section 11 -3 -3 of the Subdivision Ordinance requires local rural city streets to be constructed with a 60 -foot right -of -way (ROW). Section 11 -4 -8 of the Subdivision Ordinance requires concrete curb and gutter to be installed for new rural streets. We are requesting flexibility in the street ROW width. All local streets will be in a 50 -foot ROW. We are proposing to construct the street generally in accordance with City Standard Drawing No. 516F design for typical rural section with ditches. After discussion with the Andover Fire Department, we are proposing a 27 -foot wide two -way street with 18 -inch ribbon curb on both sides for a total width of 30 feet. 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 traditional ponding sizing to achieve stormwater requirements. The proposed MSA, Minnesota State Aid, road runs from Navajo Street on the north end of the site to 165th Avenue on the South side of the site, as shown on the development plan. That street will be constructed in accordance with MSA standards and will have a dedicated 66 -foot ROW. Connectivity Our plan provides an example of how the new public street would connect to new development in the future. We are proposing future connectivity to the south, west, east and north of the site. Our ghost plat shows how the property to the north 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. Park and Open Space The development plan proposes a large 46 -acre protected open space that is proposed in the northern portion of the development. This space is created by the transfer of density from developable areas within the open space, to the adjacent areas of the project less sensitive to disturbance as part of a low- impact approach to the development. Considerable natural areas, wetlands and the recreational lake are included in this area and will be accessible to the public via trails and connections to the public right -of -way. The open space connects to two different areas of the proposed subdivision and allows for a connection to Martin's Meadows to the North. This will create a link between these two great natural park amenities. These amenities take advantage of the existing wetlands and topography to provide attractive spaces and will provide a local destination for various uses that may develop including hiking, biking, and many others. This open space is intended to be platted as an outlot and could be deeded over to the city as public open space. An outlot is proposed on the portion of the site containing existing storage buildings that will be converted into a community amenity and managed by the HOA. This may come in the form of shared storage space, public gathering space, a pocket park, or another type of amenity. Further LDP17002 L A N D F O R M Revised October 25, 2018 Future Phase PUD Narrative 4 25 discussion with staff on the use of the buildings will be needed to ensure compliance with city code. During their review of phase 1 The Parks commission requested a park in the future phase, and that the width of the ROW or an easement on the East/West road be adequate to support a future trail. Both are currently shown reflecting Parks Commission comments. Based on the revised layout, we are proposing that public park component be located at the southernmost portion of the dedicated open space where access and continuity are maximized. PUD Findings We are requesting approval of an amendment to the approved PUD development application. A PUD is subject to the standards of Section 13 of the Andover City Code. Our plan shows compliance with the Section 13 -3 -9 standards. Specifically: 7. The proposed development is not in conflict with the goals of the Comprehensive Plan of the city. The proposed project is guided RR Rural Residential. This comprehensive plan land use is consistent with the surrounding land uses which are all RR Rural Residential. The proposed development will be consistent with the goals of the comprehensive plan. 2. The proposed development is designed in such a manner as to forma desirable and unified environment within its own boundaries. We are proposing to create custom home sites to allow for flexibility for the buyer and a more attractive neighborhood in Andover. 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. This approach will allow flexibility in the placement of single family homes on each lot while preserving the natural environment. The low - impact qualities of this development will lead to a desirable and unified environment. 3. Th proposed devel9pment demonstrates how each modified or waived requirement _- contributes to achieving the purpose of a PUD. Our proposal is requesting flexibility from lot size and lot width standards in the R -1 District and Shoreland Overlay district and from the minimum ROW width in the subdivision ordinance. The requested flexibilities contribute to achieving the purpose of a PUD, specifically: • The lot size change contributes to achieving a higher quality PUD development because it helps preserve a larger number of existing trees, it allows for linear cluster development that preserves the natural features and allows for the dedication of significant open space within the development. • The lot width change contributes to achieving a higher quality PUD development because it permits the development to arrange lots to preserve trees, minimize wetland impacts and preserve natural features. LDP17002 L A N D F O R M Revised October 25, 2018 Future Phase PUD Narrative 5 26 • The ROW width change contributes to achieving a higher quality PUD development because it allows for a rural street section that minimizes tree removals and allows for wider drainage and utility easements that can be used as ditches for stormwater management. The use of ditches will also reduce the number of trees removed because we will not need traditional ponding to achieve stormwater requirements. The requested flexibilities and how they contribute to the PUD design qualities are also discussed in detail in the next section of this narrative. 4. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. The PUD proposal includes our development plan that shows how the overall property and adjacent large lot residential properties could be developed, visualizing how future development could be planned for. Each phase of the development would contribute to the overall development but would be independent of the previous and future phases. PUD Flexibility We are requesting City approval for flexibility from lot area standards in the R -1 district and shoreland overlay, and from the 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. 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. 2. Provides convenient and safgaccess for vehicles trial ang ill ttyp�s o_f ac�iyity 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. The MSA road will be constructed as a wider street with a greater ROW to handle the anticipated traffic volumes. It will provide an access point into the development from the north and south. 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 plan. The development is clustered in a linear fashion and the lots will be buffered from existing and future development. LDP17002 L A N D F O R M Revised October 25, 2018 Future Phase PUD Narrative 6 27 The existing vegetation will screen this project form adjacent properties and additional screening can be provided where necessary. 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. 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. S. 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 may provide bio Swale gardens (rain gardens) adjacent to the driveway. This landscaping will be designed to provide consistency along the street. 6. Preserves significant usable space on individual lots or through the provision of open space within the development. A linear cluster development preserves significant open space and natural features within the development and our lot layout provides significant open space on each of the lots. The open space is shown as one large park within the development that can be utilized for the needs of the community. The proposed open space will provide a connection to the existing Martin Meadows park to utilize the existing trail system within the park. 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. -- - - - Given the natural amenities of this site and the proposed improvements, the proposed landscape - -- _ -- improvements within the development will provide a high - quality design. Details 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. Given the natural amenities of this site and the proposed improvements, the proposed homes within the development will provide a high - 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) LDP17002 L ,A 1\1 D F O R M Revised October 25, 2018 Future Phase PUD Narrative 7 28 A home owner's association will be established for the proposed development for the purpose of managing stormwater improvements and common elements. Summary We respectfully request approval of the PUD amendment for Petersen Farms located at 1651h Avenue NW and Roanoke Street NW. We understand the project will be heard with a public hearing at the Planning Commission meeting on November 13th, with action taken at the City Council meeting on December 0 Contact Information This document was prepared by: Kevin Shay Landform 105 South Fifth Avenue, Suite 513 Minneapolis, MN 55401 Any additional questions regarding this application can be directed to Darren Lazan at dlazan ®landform.net or 612.638.0250 LDP17002 L A N D F O R M Revised October 25, 2018 Future Phase PUD Narrative 8 C1T 1` INI7 0 2008 CoMpreherrsive Plan Update Goals, Objectives and Policies ZCE`l� lASYt�SS'V'� The following pages describe the goals of the community and the strategies that are employed to achieve them. The goals, objectives and policies are structured according to the topic that they address. However, it is important to remember that these statements are interrelated. As a result, the cause and effect for each topic must be considered when decisions concerning the Comprehensive Plan are made. For the purposes of this plan these terms are defined as follows: Goal: Astatemenf-t a expresses a�lc wire ou come or state of affairs, Objective: A statement that provides direction on how the goal will be achieved. Policy: A specific action that will be taken or a general rule that will be applied to a specific situation. Overarching Goals, Objectives and Policies Goal 1: Maintain and enhance the quality of life in Andover Objective: Efficiently provide basic services to improve all aspects of the city that contribute to quality of life including land use, public safety, transportation, recreation, health, education, and resource Policy: Prepare, implement, periodically evaluate and update local controls such as: • Comprehensive Plan • City Code • Capital Improvement Plan • Water Resource Management Plan • Stormwater Pollution Prevention Program • Park Improvement Plan Objective: Preserve the rural character of the community Policies: • Preserve the Rural Residential Planning Area Designation Identified by the Metropolitan Council 2030 Regional Development Framework • . Plan the efficient expansion of municipal sewer and water through implementation of the Land Use Plan • Preserve natural areas through implementation of the Parks and Open Space Plan l t 2 9E ci VY� { 2008 Comprehensive Plan Update f Goal 2: Maintain a high degree of community planning and involvement Objective: Ensure an open and accessible local government that is responsive to the needs of residents Policies: • Provide access to information in a variety of forms including the newsletter, official newspaper, web site and televised meetings • Maintain healthy relationships. with residents, businesses, community groups, school districts, and government agencies to ensure all points of view are represented ® Promote participation in citizen advisory committees ® Consider all available information and the potential impacts on all aspects of the community when making land use decisions • Maintain a mix of land uses, including schools, professional and medical office, —mil, community and park acilities to, provide a vital node oof activityir tha -- vicinity of City Hall • Encourage resident involvement through the public hearing process and utilize a variety of public hearing notification methods including direct mailing, publication in the official newspaper and signs placed on subject properties Goal 3: Maintain the Comprehensive Plan as a relevant official document Objective: Consider Comprehensive Plan amendments that better achieve the - - -- - - - - - -= - - - goals; objectives- and policies of the Comprehensive Plan' -- - - - -- Policies: • Adhere to the goals, objectives and policies of this Comprehensive Plan to prevent incremental decision making that adversely affects the intent of the plan • Review Comprehensive Plan text amendments with the following criteria: o A public need for the proposed amendment, can be identified o The proposed amendment is the best way to satisfy that need o The amendment is consistent with the goals, objectives and policies of the Comprehensive Plan i 1 ' 3 �l1 1 2008 Comprehensive Plan Update o The amendment is in the best interest of the City of Andover as determined by the City Council ® Review Comprehensive Plan amendments concerning a proposed land use change with the following criteria: o Conditions have changed since the present land use designation was established such to warrant the proposed amendment or the present land use designafion ism error o The proposed land use is compatible with surrounding land uses and with the goals, objectives and policies of the Comprehensive Plan o 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 o 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 o Potential impacts by the proposed land use on natural resources including _-vegetation, wetlands floodplain and-other - natural - features- ea -n -be- avoided -- or sufficiently mitigated as determined by the City Council o To ensure a transition or buffer between urban and rural residential zoning districts Land Use Goals, Objectives and Policies Goal 4; Allow residential growth while maintaining the quality of natural resources and amenities Objective. Clearly define areas for urban and rural residential development - -- -- - - Objective: --- Promote orderly growth to- ensure - efficient -utilization and delivery of-- community services Objective; Prevent extension of infrastructure that is inconsistent with the Comprehensive Plan Objective: Work cooperatively with resource protection agencies and organizations to minimize the impact of development on natural resources and amenities Objective: Create opportunities for the city to preserve open space and natural amenities through review of development proposals and implementation of the Parks and Open Space Plan 4 31 s' C I P S � 1' TV.�C}VIJ� 2008 Comprehensive Plan Update r 1 Policies: • Maintain a Municipal Urban Service Area (MUSA) Boundary to define the boundary between the Developing Community and Rural Residential planning area designations of the 2030 Regional Development Framework ® Stage urban development within the MUSA Boundary to ensure orderly growth and cost efficient expansion of infrastructure ® Review and update the staging plan periodically to address changes in times and conditions • Prohibit platting of property without municipal sewer and water within the MUSA Boundary • Restrict lot splits without municipal sewer and water within the MUSA Boundary ® Encourage infill development within the MUSA Boundary with appropriate transitions to existing neighborhoods ® Allow rural development outside of the MUSA Boundary consistent with the Rural Residential Land Use Designation ® Require existing conditions information to be provided during the development review process to allow evaluation of opportunities to preserve and protect natural features and open. space • Engage local watershed management organizations and other appropriate agencies and organizations in the. review of development proposals Goal 5: Encourage appropriate economic growth and redevelopment Objective: Develop a diversified tax base through balanced development of commercial, light industrial, and residential properties Objective: Create a downtown area by aggregating commercial land uses along Bunker Lake Boulevard between Hanson Boulevard and Crosstown Boulevard Objective: Select strategic locations for neighborhood and community commercial sites and establish design performance standards for such uses that promote quality site design and compatible land use arrangements Objective: Prevent the intensification of neighborhood commercial areas that may negatively affect surrounding residential properties 5 32. crrr Or 33. NDOVE 2008 Comprehensive Plan Update Policies: Maintain the existing commercial nodes along Hanson Boulevard, Bunker Lake Boulevard and Round Lake Boulevard as cohesive, interrelated nodes of commercial activity ® Prevent fragmented, uncoordinated and linear commercial development awav from these locations ® Provide limited opportunities for commercial development in other areas of the city only when demand is demonstrated with a professionally prepared market study • Ensure that new development and redevelopment has a positive impact on the community by providing appropriate transitions and demonstrating compliance with the City Code ® Promote redevelopment of existing industrial zones to accommodate industrial development, enhance community appearance and tax base ® Allow limited industrial development within Andover Station North when the use, site design, and building architecture are compatible_ with the existing_ and _ -- - - - - -- planned uses within this commerciaLcener _ it Goal: Protect and develop access for alternative energy systems Objective: Preserve reasonable access to all parcels so that alternative forms of energy can be used to supplement or replace conventional forms of energy Policies: • Encourage and support educational programs and research that focuses on alternative or renewable energy systems such as offered by Metro Cities, ----- �Jn +versi Hof ilAinnesota Extens tern Serviees - iNltrrrresota- Office -of- livirvnmenfial ___.______--_-- - Assistance, Anoka County and other organizations • Encourage the possible use of solar energy in future housing developments • Encourage future site and building plans to design for efficient use of solar energy including such elements as the location of windows, shade trees, windows, and driveways Goal; Reduce maintenance and energy costs for public facilities and infrastructure ri / t f 4 } I ' 2008 Comprehensive Plan Update Objective: Where feasible, use low energy design elements for future public facilities and infrastructure development Policy: • Explore alternative energy sources when replacing systems in public facilities Housing Goals, Objectives and Policies Goal: Goal: Objective: Objective: Objective Provide a variety of housing types to accommodate the life cycle needs of all residents Remain responsive to housing .market demands through implementation of the Land Use Plan Utilize the existing housing stock to provide a portion of the affordable housing demand projected by the Metropolitan Council Utilize local controls to provide opportunities for a variety of housing types, including affordable housing Continue to work with agencies that provide affordable housing and housing for residents with special needs Policies: • Work with property owners to identify sources of funding for home improvements to prevent deterioration of the city's older homes • Continue the housing rehabilitation revolving loan program to provide maintenance assistance for housing occupied by low to moderate income families and individuals Support Anoka County's efforts to implement the Five Year Consolidated Plan • Utilize the planned unit development review process for medium and high density residential projects to encourage more efficient allocation of density and intensity of land use and get higher quality development while providing amenities not otherwise achievable with existing zoning classes. • Support public service agency applications for the Community Development Block Grant Program 7 34- 2008 Comprehensive Plan Update RM Goal: Provide a safe and efficient transportation system that is cost effective and serves the existing and future access and mobility needs of the City Objective: Ensure adequate internal and. external transportation access and links for efficient movement of people and goods Objective: Provide a transportation system that enhances quality economic development within the City Objective: Provide a transportation system that meets the varied needs of Andover residents Objective: Consider the mobilityneeds of all persons in the planning and development of the transportation system Policies: -- • -- Provide for early and - continuing citizen involvement-in transportation planning and implementation of projects • Provide a roadway system within a functional hierarchy that accommodates existing and future travel demands by providing the necessary design features to satisfy the roadway's intended use • Provide sufficient roadway capacity through the construction of transportation system improvements that accommodate existing and future demand • Require construction of transportation system improvements in conjunction with new developments when the need is created by the new development • Require payment for future transportation improvements as a part of evelopment approval proportionate to the demand created by new developments • Ensure that all components of the transportation system are maintained and developed to the highest standards to insure against detrimental impact upon' community growth. ® Utilize the Capital Improvement Plan to schedule projects that increase public safety by minimizing hazards and correcting poorly designed intersections and access points 9 M" l 36 I(?V ' 2008 Comprehensive Plan Update f Goal: Provide a coordinated transportation system that is compatible with adjacent municipality, Anoka County, Metropolitan Council and State of Minnesota transportation plans Objective: Coordin- ate- tr-ansportation-planning-and- transportation _sy_ stem improvements with othergovernment agencies to increase efficiencies' Objective: Increase opportunities for funding of local transportation system improvements from federal, state and county funding sources Policies: ® Coordinate grant applications and other funding requests, when appropriate, with neighboring municipalities, as well as state, regional and county agencies • Coordinate participation of Anoka County and adjacent cities, where appropriate, in the provision of Transportation Plan elements Goal: Provide mulfi -modal transpdrfiation options Whenever and wherever feasible and advantageous Objective: Periodically evaluate potential ridership and feasibility ofjoining the Metropolitan Transit Taxing District to provide additional transit options for Andover residents Policies: Identify locations for park and ride facilities and preserve the ability to implement these facilities in the future . - - -- _ _ __ _ - o -- Promote ridesharing and - increased vehicle occupancies - throughout the -City- Goal: Minimize impacts of the transportation system on the natural environment Objective: Ensure environmentally sensitive implementation of the transportation system through the planning, design and construction of improvements Objective: Consider the impacts of improvements to the existing transportation system on land use, environmental, social, historic, and cultural resources W cAV15V %'�. -r 2008 Comprehensive Plan Update Policies: Adhere to best management practices and all components of the Implementation Plan during the planning, construction and maintenance of the transportation system ® Separate non - motorized traffic from arterial and collector roadways • Encourage joint parking facilities to conserve land Goal: Enhance accessibility by providing an interconnected multi- use trail system Objective: Provide an accessible trail system that links residential neighborhoods, commercial developments, and park areas Objective: Utilize multiple funding sources to complete the regional and local trail systems Objective: Coordinate trail construction with street improvement projects, new development, expansion and redevelopment projects Policies: • Maintain a map of existing and future local and regional trails and coordinate trail planning., construction and maintenance in the Capital improvement Plan • Fund regional trail system improvements adjacent to residential properties with trail fees collected from new residential developments • Require regional trail construction adjacent to commercial and industrial properties, where shown on the trails plan, in conjunction with development, expansion and redevelopment projects • Require local trail construction adjacent to residential, commercial and industrial properties, where shown on the trails plan, in conjunction with development, expansion and redevelopment projects ® Develop trails in accordance with the American Association of State Highway Transportation Officials (AASHTO) standards • Coordinate trail and sidewalk improvements, where appropriate, with Anoka County and neighboring cities 10 37 i J �I�lt?OVE ' 2008 Comprehensive Plan Update } Water Resources Goals, Objectives and Policies These goals, objectives and policies are included within the City of Andover Water Resource Management Plan and Water Supply Plan. These are separate documents that have been adopted as a component of the Comprehensive Plan. Goal 1: Provide parks and facilities that meet present park needs and plan for the future needs of the city Objectives: a. Maintain and upgrade current park facilities b. Evaluate existing conditions and future growth projections to determine the types of parks and facilities needed to complete the park system C. Provide more passive recreation opportunities d. Provide for a balance among active and passive recreation areas and activities e. Provide recreation facilities for all age groups and abilities within the city f. Design and maintain recreation areas with appropriate lighting, landscaping, parking, and shelter design g. Consider the Site Selection Criteria established in the Parks and Open Space Plan and the standards of the National Recreation and Park - Association in the planning and design of the park system Policies: Implement a maintenance schedule for the grounds and facilities within the current park system , ® Aggregate resources from focal, state and federal sources to complete planned improvements as scheduled in the Capital Improvement Plan Maintain and Update the Park Study as a guide for the number, size, type and. location of parks and facilities needed to complete the park system to serve the needs of residents 11 RVE cis ^v nr• TeN 0� 2008 Comprehensive Plan Update 39 ® Accept only lands suitable for park and recreation purposes as fulfillment of the {r parkland dedication requirements. ® Utilize the Capital Improvement Plan to schedule replacement of existing park facilities and installation of new facilities. Utilize the Park and Recreation Commission to advise the Council on matters relating to parks, recreation and park facilities a Provide regulations and policies for park use and park dedication a Consider the adopted Guidelines for Field Usage by Youth Athletic Associations ® Work cooperatively with other organizations and government agencies to enhance local and regional park systems Goal 2: Promote, protect, preserve and enhance the City's natural and open space for the enjoyment of residents, protection of.water and air quality and the preservation of wildlife habitat _ Objectives: — - - - - - - - -- — Consider development-of passive, stature - relates/ recreation or - - - - - - - - - - conservancy areas on sites found to be suitable for these purposes b. Identify appropriate areas for preservation through analysis of natural features, the Site Selection Criteria established in the Parks and Open Space Plan and the Land Use Plan C. Plan for and Provide connections with the park and trail systems in a manner that both preserves and allows public enjoyment of natural areas d. Seek to provide buffer areas adjacent to signifrcant natural resources and parks Policies: a Work collaboratively with property owners in the preservation of open space Permanently protect open space with conservation easements, even when fee title acquisition and other methods are used. ® Prepare, implement and monitor the effectiveness of conservation plans that address the specific characteristics of the various types of natural areas ® Utilize the Open Space Advisory Commission to advise the Council on matters concerning preservation of open space € t 12 1 (3E ' 2008 Comprehensive Plan Update ® Prevent incompatible land uses from locating adjacent to parks and open space areas through implementation of the Land Use Plan and zoning regulations Work- cooper -atively - with-other - organ izations- and - -government- agencies- to- acq_u- ire and enhance open space areas within the city 13 4 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV MEMOWIINDUM TO: Joe Janish, Community Development Director FROM: David Berkowitz, Director of Public Works /City Engineer Jason Law, Asst. City Engineer DATE: November 5, 2018 REFERENCE: Preserve at Petersen Farms Phase 2 /PUD Review #1 The following comments are regarding Review #1 of the PUD Submittal: 1. In the narrative, discussion refers to submitting a grading plan and tree preservation plan at the time of building permit. This will be needed for each individual lot; however, a grading plan and tree preservation plan will be required prior to any site grading taking place for the street and utilities with the preliminary plat review. Stormwater infrastructure will need to be constructed and at minimum the front portion of each lot will need to be graded with the plat. 2. For smaller lots, particularly in areas of farm fields where there are minimal natural amenities to preserve or protect, it is recommended to prepare a grading plan and mass grade the site. Custom graded lots could be used for larger lots, or those with significant stands of trees / natural amenities to preserve. 3. The developer is requesting flexibility with the shoreland standards. This would also have to be reviewed with the DNR. 4. The City of Andover Planning Department will comment on lot size / setbacks / minimum lot widths, etc. This will also have to be reviewed and approved by the Planning Commission and City Council. 5. Intersection improvements consistent with previous Anoka County Highway Department comments would be required at new intersections with County Roads, as well as at the 7th 6. The location of a park will need to be reviewed by the Park Commission. The Park Commission previously commented on their desire for a trail along the southerly east - west roadway connecting into the first phase of Preserve at Petersen Farms. 7. Further discussion with the Park Commission and City Council is needed if trails are desired within the plat. 8. Navajo Street shall be constructed to meet MSA requirements for width, ROW, and pavement section. The City of Andover will pay for any pavement section depth greater than the standard City street section of 3" bituminous over 5" class 5 aggregate base. 9. All streets shall be designed for a 35 -mph design speed, the statutory speed limit for rural residential roadways. 10. Parking will need to be addressed for the Martin's Meadow's open space access. There is a currently a large cul de sac that is used for parking at the south end of Navajo Street that will likely be removed with the proposed project. An off - street parking lot may be required. MSA rules require posting "No Parking" along Navajo Street, unless the roadway is widened in strategic locations to meet on- street parking requirements. No Parking will likely also be required on one -side of the roadway in the remainder of the plat 42 to allow for emergency vehicle access, similar to the first phase of the development. 11. Should Navajo Street be constructed prior to development of the ghost platted parcel in the middle of the site, temporary cul de sac construction would be required at each dead end. 12.A 50' Right -of -Way is not typical for City streets. Remove "TYP" on the PUD Master Development Plan. 13. Use the most current aerial photo which shows an existing home that was built is 2017 on the ghost platted for reference area. 14. The developer will be required to apply for permits from all other agencies interested in the site. 15. Please review all City Codes for compliance. 16. Additional comments pending further review. Note: It is a requirement that the Developer respond to each of these items in writing digital copy from City and type responses below original comment) when re- submitting the revised plat to the City. If you have any questions, feel free to contact Jason Law, Assistant City Engineer at (763) 767 -5130 or David Berkowitz, Director of Public Works /City Engineer at (763) 767 -5133. 2 A I Anoka County 43 TRANSPORTATION DIVISION Highway Stephanie Hanson CEWLE May 7, 2018 City of Andover FAA;nr>v'4 C>w+�7 1685 Crosstown Blvd. NW MAY 1 1 2018 �'"'e_� Andover, MN 55304 Re: Sketch Plan - Andover Farms -I�F Dear Stephanie We have reviewed the sketch plan for Andover Farms, to be located north of CR 158 (1651 Avenue NW) and east of CSAH 7 (Roanoke Street NW) within the City of Andover, and I offer the following comments: An additional 27 feet of right of way adjacent to CR 158 will be required for future reconstruction purposes (60 feet total right of way width north of the CR 158 right of way centerline). The existing .right of way adjacent to CSAH 7 is 60 feet east of the CSAH 7 right of way centerline, which should be adequate for future reconstruction purposes, unless additional right of way is needed to construct the required turn lanes for this development. The sketch plan proposes three connections to the county highway system, one on CSAH 7 at 170th Avenue NW, and two on CR 158 at Inca Street NW and - - - -- - - -- - - - via Eldorado- Street -NW -In concept,, we find these - local street connections acceptable - - - - - - provided that full turn lane construction occurs on the county at each location (ex- NB and SB CSAH 7 left and right turn lane construction at 170th Avenue NW, EB and WB CR 158 left and right turn lane construction at Inca Street NW, EB CR 158 left turn lane or bypass lane and WB CR 158 right turn lane at Eldorado Street NW). In addition, we also have concerns regarding safety and operations at the intersections of CSAH 7 1CR 158 and CR 58 /CR 158 as a result of this development, and it is likely that the construction of a NB CR 58 bypass lane and a SB CR 58 right turn lane will be required at the intersection of CR 581CR 158, as well as the construction of a SB CSAH 7 right turn lane /bypass lane at the intersection with CR 158. It appears Case I and Case IIIB Intersection Sight Distance Requirements are not met at the CR 158 1Inca Street NW intersection with obstruction being trees, brush and -horizontal curve. The City and the Developer should ensure that clearing and /or grading----- - is completed to satisfy the sight distance requirements to the fullest extent possible for this development. Please note that no plantings or business signs will be permitted within the county right of way, and care should be exercised when locating signs, plantings, berms, etc. outside of the county right of way, so as not to create any additional sight obstructions for vehicles entering /exiting the new city street. If the City has additional concerns regarding intersection operations as a result of this development, we would be supportive of the development completing a traffic study. ACHD would like to work with local governments in promoting compatibility between land use and the county highway system. It should be recognized that residential land uses located adjacent to County highways often results in complaints about traffic noise. Existing and /or future traffic noise from CSAH 7 and CR 158 could exceed noise Our Passion is Your safe Way Home 1440 Bunker Lake Boulevard N.W. A Andover, MN 55304 -4005 Office: 763-324-3100 ® Fax: 763-324-3020 A wwmanokacounty.us /highway Affirmative Action I Equal opportuniay Employer 44, standards established by the Minnesota Pollution Control Agency (MPCA), the U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities are responsible for taking all reasonable measures to prevent land use activities listed in the MPCA's Noise Area Classification (NAC) where establishment of the land use would result in violations of established noise standards. It is advised that the City and the Developer should assess the noise situation for this development as it is proposed to be located directly adjacent to CSAH 7 and CR 158, and take the level of action deemed necessary to minimize the impact of any highway noise by incorporating the appropriate noise -- mitigation- elements -into the design and - phasing -of this plat as applicable. The ACHD Engineering Plan Review process will apply to this site. Calculations must be submitted along with a grading and erosion control plan that delineates the drainage areas for this development. The post- developed rate /volume of runoff must not exceed the pre - developed rate /volume of runoff for the 10 -year, critical design storm. Contact Nicholas Dobda, Engineer III via telephone at 763.324.3118, or via email at Nicholas. Dobdaa-co. anoka. m n. us for further information and to coordinate the ACHD Engineering Plan Review process. Please submit the drainage calculations, grading and erosion control plans, CSAH 71CR 158/CR 58 right turn lane + left turn lane plans, ACHD Design Requirements Checklist for County Highway.Modifications (copy available via our website), and the applicable ACHD Engineering Plan review fee to Mr. Dobda for his review and approval, - Following completion of the ACHD Engineering Plan Review process, the contractors) - - - - - - - - - completing the work in -the county right-of way can begin- the-ACHD Permit process Two - - - Access Permits for the new City street connections (fee = $250.00 each) and Permits for work within the county right of way (fee = $150.00 for each county roadway) are required and must be obtained prior to the commencement of any construction. License Permit Bonding, methods of construction, design details, work zone traffic control, restoration requirement and follow -up inspections are typical elements of the permitting process. Contact Sue Burgmeier in the ACHD Permit Office at 763.324.3176 for further information regarding the permit process. Thank you for the opportunity to comment. Feel free to contact me if you have any questions regarding this review. Sinc rel , Jane Rose Traffic Engineering Manager Rc., CSAH 7 1Plats + Developments /2018 Nicholas Dobda, Engineer III Chuck Gitzen, County Surveyor Sue Surgmeier, Traffic Engineering Tech I >ovER Andover General Mapping Map °GOm4 c �o e° 0 0 c � s u a 9 0 G OB P° .O° fl� C A G B L B f 9 A S A E B B n A 00 ao to ae e a e a e a 0 0 B 0 A 0 �0 00 4 8 e � QA A 6 o. Date Created: October 30, 2018 u ae9 6 5 ENCHANTED DR Disclaimer. • The provider makes no representation or warranties with respect to the reuse of this data. N 2 w x '^ a '-I �D .tll L.TiCWD M Wtm 166TH LN tI33%1 m 8 t� m m Public Hearing Notification Area 4 I Land Use Request Area ; 7 Notified Properties E CHAPTER PLANNED UNIT DEVELOPMENT (PUD) SECTION: 13 -3 -1: Purpose 13 -3 -2: Utilization of PUD 13 -3 -3: PUD Concept Review 13 -3 -4: Uses 13 -3 -5: Density 13 -3 -6: Zoning And Subdivision Standards And Requirements 13 -3 -7: Approval Process 13 -3 -8: Fees And Costs 13 -3 -9: Findings Required 13 -3 -10: Revisions And Amendments 13 -3 -11: Desirable PUD Design Qualities 13 -3 -12: Approval Of Planned Unit Development 13 -3 -1: PURPOSE: The purpose of a PUD is to encourage more efficient allocation of density and intensity of land use where such arrangement is desirable and feasible by providing the means for greater creativity and flexibility in environmental design than provided under the strict application of this code. It must be demonstrated to the satisfaction of the City Council that a higher quality development will result than could be otherwise achieved through strict application of this code. (Ord. 298, 8 -4 -2004) 13 -3 -2: UTILIZATION OF PUD: Planned Unit Development (PUD) regulations may be allowed by the City Council to be applied and /or utilized for all developments including the following: townhomes, single- and two - family homes (both urban and rural), apartment projects, multiuse structures, commercial developments, industrial developments, mixed residential and commercial developments and similar projects. (Ord. 298, 8 -4 -2004) 13 -3 -3: PUD CONCEPT REVIEW: Any person or persons who may apply for a PUD may request a concept review with respect to land which may be subject to a PUD. The purpose of a PUD concept review is to afford such persons an opportunity, without incurring substantial expense, to have the general feasibility of a PUD proposal considered. PUD concept reviews shall follow the sketch plan procedures provided in Section 11 -2 -1 of this code. (Ord. 298, 8-4 -2004) 13 -3 -4: USES: Planned Unit Developments shall be required to conform to the permitted and conditional uses set forth in Title 12 of this code pertaining to the applicable zoning district. (Ord. 298, 8 -4 -2004) 47 13 -3 -5: DENSITY: The density of residential developments shall be required to conform to the applicable land use district. (Ord. 298, 8 -4 -2004) 13 -3 -6: ZONING AND SUBDIVISION STANDARDS AND REQUIREMENTS: All standards and provisions relating to an original zoning district shall apply, unless otherwise approved as a part of the PUD. All standards may be modified or waived provided the applicant demonstrates harmony with the purpose of the PUD and the findings described in Section 13 -3- 9 of this chapter. (Ord. 298, 8-4 -2004) 13 -3 -7: APPROVAL PROCESS: An applicant for a PUD shall submit in the application all of the material required by this chapter. Each PUD requested must adhere to the following process: A. Permitted and conditional uses shall follow the Conditional Use Permit procedures provided in Section 12 -14 -6 of this code to establish the development standards for the PUD. These uses shall also complete the commercial site plan process once the Planned Unit Development has been approved. (Amd. 2/20/07, Ord. 341) B. Applications involving the subdivision of land shall complete a preliminary and final plat under the procedures provided in Title 11, "Subdivision Regulations ", of this code. (Ord. 298, 8 -4 -2004) 13 -3 -8: FEES AND COSTS: Applications for a PUD shall be filed at the office of the City Planner along with a nonrefundable application fee for the approval process specified in Sections 13 -3 -3 and 13 -3 -7 of this chapter in the amount established by the City Council to defray administrative costs. (Ord. 298, 8-4-2004) 13 -3 -9: FINDINGS REQUIRED: In order for a PUD to be approved, the City shall find that the following are present: A.---- The proposed development is not in conflict with the goals of the Comprehensive Plan of the city. B. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. C. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of a PUD. D. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. (Ord. 298, 8 -4 -2004) HI 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. D. 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. I. 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 of Development are beneficial and in the public interest to allow the development to be approved. A substantial amount of the design qualities identified in Section 13 -3 -11 of this chapter shall be found to be present in order to approve a PUD. The amount of amenities and type of qualities that constitute an acceptable PUD are at the sole discretion of the City Council to determine. (Ord. 298, 8 -4 -2004) 13:3 -13: REDEVELOPMENT PUDs: A property owner may apply for a redevelopment PUD for their property, if the property meets the criteria outlined in this section. Such redevelopment PUDs shall only be used for lot splits. PUDs on all other subdivisions shall follow the normal PUD requirements laid out in this chapter. All provisions of City Code chapter 13 -3 shall apply to redevelopment PUDs except for section 13 -3 -11. A redevelopment PUD may be permitted if the subject property meets the following standards: A. The existing principal structure on the property is at least 30 years old, or does not meet current building codes, or has a blighting effect on the surrounding neighborhood, and will be removed as part of the redevelopment of the property. B. The houses built on the new lots would be similar in size and architectural design to those in the surrounding neighborhood. Architectural plans must be included in the application for a redevelopment PUD and approved by the Council. (Amd. 2120107, Ord. 341) 50 C:NrtPTeq. q !4ANAL%6 -/1GMT E. 14Etting: 1. All sLkdivisions that create five (5) or more lots or par s that are two and one-h 2 112) acres or less in size shall be pr9p6ssed as a plat in accordance wi Minnesota Statutes Chapter 50 o permit for construction of bu ings or sewage treatme ystems shall be issued for lots created after the official controls a enacted, unless the lot was approved as part of a for I subdivi ' (Ord. 108, 9 -20 -1994) 2. Shoreland Plats: All plats i reland areas shall be submitted to and reviewed by the State Di 'ion of ers, Soils and Minerals before final action by the City. (Am6nded Ord. 8, 1 1 -1970) F. Controlled A ss Or Recreational Lots: Lots ended as controlled access t ublic waters or for recreation use area or use by nonriparian lots in a subdivision must meet or exceed the sizi criteria in section 13 -4 -6A4 of this chapter. (Ord. 108, 9 -20 -19 13 -4 -9: PLANNED UNIT DEVELOPMENTS (PUDS)': A. Types Of PUDs Permissible: Planned Unit Developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are an allowable use are identified in the land use district descriptions in Subsection 13 -4 -513 of this chapter and per Title 12, Chapter 12 of this code. B. Processing PUDs: Planned Unit Developments must be processed as a conditional use. The expansion to an existing commercial PUD involving six (6) or less new dwelling units or sites since the date this chapter was adopted is permissible, provided an Amended Conditional Use Permit is granted and the total project density does not exceed the allowable densities calculated in the protect density evaluation procedures in Subsection E of this section. The provisions of Title 12, Chapter 12 and Section 12 -15 -6 of this code shall apply. Approval cannot occur until the Environmental Review Process (EAW /EIS) is complete. C. Application For PUD: The applicant for a PUD must submit the following documents (in addition to the requirements as specified in Title 11 and Title 12, chapter 12 of this code) prior to final action being taken on the application request: 1. A site plan and /or plat for the project showing location of property boundaries, surface water features, existing and proposed structures and 1 See also chapter 3 of this title. 51 other facilities, land alteration, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at ten foot (10') intervals or less. When a PUD is a combined commercial and residential development, the site plan /plat must indicate and distinguish which buildings and portions of the project are residential, commercial, or a combination of the two (2). 2. A property owner association agreement (for residential PUDs) with mandatory membership, all in accordance with the requirements of Subsection F of this section. 3. Deed restriction, covenants, permanent easement, or other instruments that: a. Properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and b. Ensure the long -term preservation and maintenance of open space in accordance with the criteria and analysis specified in Subsection F of this section. 4. When necessary, a master plan /drawing describing the project and the floor plan for all commercial structures to be occupied. 5. Those additional documents as requested by the Planning and Zoning Commission and City Council that are necessary to explain how the PUD will be designed and will function. D. Site Suitable Area Evaluation: Proposed new or expansions to existing Planned Unit Developments must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation in Subsection E of this section. 1. The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward: SHORELAND TIER DIMENSIONS Unsewered Sewered (Feet) (Feet) General development lakes First tier 200 200 Second and additional tiers 267 200 Recreational development lakes 267 267 Natural environment lakes 400 320 All river classes 300 300 2. The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial Planned Unit Development density evaluation steps to arrive at an allowable number of dwelling units or sites. E. Residential And Commercial PUD Density Evaluation: The procedures for determining the base density of a PUD and density increase multipliers are as follows: allowable densities may be transferred from any tier to any other tier further from the water body, but must not be transferred to any other tier closer. 1. Commercial PUD Base Density Evaluation: The suitable area within each tier is divided by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth, unless the City Council has specified an alternative minimum lot size for rivers which shall then be used to yield a base density of dwelling units or sites for each tier. Proposed location and numbers of dwelling units or sites for the residential Planned Unit Developments are then compared with the tier, density, and suitability analysis herein and the design criteria in Subsection F of this section. 2. Commercial PUD Base Density Evaluation: a. Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops_ ,- steps,_ garages, or porches and - — - basements, unless they are habitable space. b. Select the appropriate floor area ratio from the following table: Sewered General Development Lakes: First Tier On Unsewered General Development Second And Additional Tiers On Unsewered General Development Lakes; Recreational Natural Development Environment 52 53 *For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home or, if unknown, the ratio listed for 1,000 square feet. c. Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites. - - -- - - - -- - d. CSivic>e`tlie total oor area by tier computecFn Subsection E 2co this section by the average inside living area size determined in Subsection E2a of this section. This yields a base number of dwelling units and sites for each tier. e. Proposed locations and numbers of dwelling units or sites for the commercial Planned Unit Development are then compared with the tier, density and suitability analysis herein and the design criteria in Subsection F of this section. 3. Density Increase Multipliers: a. Increases to the dwelling unit or dwelling site base densities Lakes; Urban, Lakes; Transition Lakes And *Average Agricultural, And Forested Remote River Unit Floor Tributary River River Segments Segments Area Segments (S q. Ft. 200 0.040 0.020 0.010 300 0.048 0.024 0.012 400 0.056 0.028 0.014 500 0.065 0.032 0.016 600 0.072 0.038 0.019 700 0.082 0.042 0.021 800 0.091 0.046 0.023 900 0.099 0.050 0.025 1,000 0.108 0.054 0.027 1,100 0.116 0.058 0.029 1,200 0.125 0.064 0.032 1,300 0.133 0.068 0.034 1,400 0.142 0.072 0.036 1,500 0.150 0.075 0.038 *For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home or, if unknown, the ratio listed for 1,000 square feet. c. Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites. - - -- - - - -- - d. CSivic>e`tlie total oor area by tier computecFn Subsection E 2co this section by the average inside living area size determined in Subsection E2a of this section. This yields a base number of dwelling units and sites for each tier. e. Proposed locations and numbers of dwelling units or sites for the commercial Planned Unit Development are then compared with the tier, density and suitability analysis herein and the design criteria in Subsection F of this section. 3. Density Increase Multipliers: a. Increases to the dwelling unit or dwelling site base densities 54 previously determined are allowable if the dimensional standards in Section 13 -4 -6 of this chapter are met or exceeded and the design criteria in Subsection F of this section are satisfied. The allowable density increases in Subsection E3b of this section will only be allowed if structure setbacks from the ordinary high water level are increased to at least fifty percent (50 %) greater than the minimum setback, or the impact on the water body is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the City Council, and the setback is at least twenty five percent (25 %) greater than the minimum setback. b. Allowable dwelling unit or dwelling site density increases of residential or commercial Planned Unit Developments: Density Evaluation Tiers First Second Third Fourth Fifth F. Maintenance And Design Criteria: Maximum Density Increase Within Each Tier (Percent) 50 100 200 200 200 1. Maintenance And Administration Requirements: a. Before final approval of a Planned Unit Development, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. b. Deed restrictions, covenants, permanent easements, public _ dedication and acceptance, or other equally effective and- permanent preservation and maintenance of open space are required. The instruments must include all of the following protections: (1) Commercial uses prohibited (for residential PUDs); (2) Vegetation and topographic alteration other than routine maintenance prohibited; (3) Construction of additional buildings or storage of vehicles and other materials prohibited; and (4) Uncontrolled beaching of watercraft prohibited. 55 c. Unless an equally effective alternative community framework is established, when applicable, all residential Planned Unit Developments must use an owners' association with the following features: (1) Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers; (2) Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites; (3) Assessments must be adjustable to accommodate changing conditions; and (4) The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. 2. Open Space Requirements: Planned Unit Developments must contain open space meeting all of the following criteria: a. At least fifty percent (50 %) of the total project area must be preserved as open space; b. Dwelling units or sites, road rights -of -way, or land covered by road surfaces, parking areas, or structures, except water oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space; c. Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries; d. Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public; e. Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems; f. Open space must not include commercial facilities or uses, but may contain water oriented accessory structures or facilities; g. The appearance of open space areas, including topography, 56 vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means; and h. The shore impact zone, based on normal structure setbacks, must be included as open space. For residential PUDs, at least fifty percent (50 %) of the shore impact zone area of existing developments or at least seventy percent (70 %) of the shore impact zone area of new developments must be preserved in its natural or existing state. For commercial PUDs, at least fifty percent (50 %) of the shore impact zone must be preserved in its natural state. 3. Erosion Control And Storm Water Management: Erosion control and storm water management plans must be developed, and the PUD must: a. Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impact on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant; and b. Be designed and constructed to effectively manage reasonable expected quantities and qualities of storm water runoff. Impervious surface coverage within any tier must not exceed twenty five percent (25 %) of the tier area; except that for commercial PUDs, thirty five percent (35 %) impervious surface coverage may be allowed in the first tier of general development lakes with an approved storm water management plan and consistency Subsection 13 -4 -6C of this chapter. 4. Centralization And Design Of Facilities: Centralization and design of facilities and structures must be done according to the following standards: a. Planned Unit Developments must be connected to publicly owned water supply and sewer systems, if available. On site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the Minnesota Department of Health and Subsections 13-4 - 6B and H of this chapter. On -site sewage treatment systems must be located on the most suitable areas of the development, and 57 sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system; b. Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standard for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level must be increased in accordance with Subsection E3 of this section for developments with density increases; c. Shore recreation facilities, including, but not limited to, swimming areas, docks, and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth -to ground water and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers; d. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the City Council, assuming summer, leaf -on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided; e. Accessory structures and facilities, except water oriented accessory structures, must meet the required principal structure setback and must be centralized; and f. Water oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in Subsection 13 -4 -613 of this chapter and are centralized. G. Conversions: The City Council may allow existing resorts or other land uses and facilities to be converted to residential Planned Unit Developments if all of the following standards are met: 1. Proposed Conversions: Proposed conversion must be initially evaluated using the same procedures for residential Planned Unit Developments involving all new construction. Inconsistencies between existing features ^t )t C�. `�• rt �'��� �t \ t WJ, .,ate.\ M. �� .� f tfV i C..' y _ • `\ R r Density Gross Density (units /acre): 0.33 0.27 0.32 '' Net Density (units /acre): 0.38 0.37 0.38 ��� Legend O Trail Connection to L -i4 NORTH open space Item Future Phases Phase 1 Total Gross Developable Area 336.1 acres 88.7 acres 424.8 acres Net Developable Area 287.8 acres 65.4 acres 353.2 acres Number of Lots 110 24 134 Lot Sizes Minimum: 1.50 acres 1.50 acres 1.50 acres Maximum: 6.70 acres 3.97 acres 6.70 acres Average: 4.10 acres 2.47 acres 3.81 acres 1.0 -1.499 acres: 0 lots 0 lots 0 lots 1.5 -1.99 acres: 66 lots 5 lots 71 lots 2.0 -2,49 acres: 18 lots 6 lots 24 lots 2.5+ acres: 26 lots 13 lots 39 lots Lot Widths Minimum: 107 feet 100 feet 100 feet Maximum: 233 feet 192 feet 225.7 feet Upland Lot Area Minimum: 1.0 acre 1.0 acre 1.0 acre x. Average: 1.59 acres 1.60 acres 1.59 acres Outlot Areas OutlotA (Phase 1): 25.9 acres 25.9 acres ;.. Outlot B (Phase 1): 2.2 acres 2.2 acres Outlot C (Phase 1): 2 acres 2 acres Density Gross Density (units /acre): 0.33 0.27 0.32 '' Net Density (units /acre): 0.38 0.37 0.38 ��� Legend O Trail Connection to L -i4 NORTH open space Typical Surrounding Lot Sizes Date Created: February 13, 2018 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. D 7 U) D W ?N 7� r~ j0 I-A YK Yti �) I ` ar 31.2 acres R y` S: A C 0 m Green space: 6.6 acres Total Open Space U O sad a` $r►uaaeP. Iwo L Fr Y. ' � a (aQ�• ait .h F4 9� ty � Open Space Shoreland Overlay Item Development Gross Developable Area 140.2 acres Net Developable Area 74.0 acres Number of Lots 42 Open Space Lakes: 17.0 acres Wetlands: 31.2 acres Wetland Buffers: 3.9 acres 125' Open Water Setback: 14.3 acres Green space: 6.6 acres Total Open Space 72.9 acres Percent Open Space in Shoreland Overlay District 52.0% Legend O Trail Connection to open space -1 1 NORTH Legend Xi Trail Connection to open space Unsuitable Suitable Bonus Total Area Area Area Base Base Proposed Tier (Acres) (Acres) (Acres) Density Density # of Lots 1 31.3 6.0 25.3 10.1 15.2 11 2 27.2 9.9 17.4 7.0 13.9 8 3 32.2 11.0 21.2 8.5 25.4 12 4 27.5 6.9 20.6 8.2 24.7 8 Total 118.1 33.7 84.5 33.8 79.2 39 Legend Xi Trail Connection to open space 't 1 1 � . 1 r 1 ■ • • • , , Iti I � � 1 � I i 1 l �•. 1 r ' ` • a •r i � L 1 � 1• L • . + i J 1 •. a a t t - ■ Y L w. t i ■ - _ ^ � Op ' M e L • • • r- - t • � y , - .�.. •• t 1 1 _ � e � S _ •, 1 1 w • 5 1 H � I' Project �• • � ' J Y 4 • . , .. r , . . - . r �+ Boundary L i a 4P � s " • t > r ♦ I 1 . L a r IN I 4r > 1 T 1 ♦ t 1 1' 't 1 1 r 1 ■ • • • , , Iti I � � 1 � I i 1 l �•. 1 r ' ` • a •r i L • . ♦ b a t t - ■ Y L w. t i ■ - _ Op ' L • • • r- - t • � y , - .�.. •• t 1 1 _ e � S _ •, 1 1 1 1 , • 0 0 PUD Master Development Plan - Figure Ground L A N D F O R M PETERSEN FARMS • Andover, MN From Site to Finish • • 10.23.2018