Loading...
HomeMy WebLinkAbout02.23.211685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Meeting Agenda February 23, 2021 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Pledge of Allegiance 3. Approval of Minutes — February 9, 2021 Regular Meeting 4. Public Hearing — Lot Split — 2225 167th Ave NW — Clint & Danica Sheifelbein (Applicant) 5. Other Business 6. Adjournment Please note: Some or all members of the Andover Planning & Zoning Commission may participate in the February 23, 2021 meeting by telephone or video conference call rather than by being physically present at the Commission's regular meeting place at the Andover City Hall, 1685 Crosstown Blvd NW, Andover, MN 55304. Members of the public can watch the meeting live on the government access channel, web stream via QCTV.org or physically attend at Andover City Hall. Please keep in mind that seating in the City Council Chambers is currently very limited as appropriate social distancing will be practiced by the Commission and visitors. The public can also participate in the public hearing remotely through the video conference call. A link to the call will be available on the Planning Department website the day of the meeting. 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: Approval of Minutes — February 9, 2021 Regular Meeting DATE: February 23, 2021 REQUEST The Planning and Zoning Commission is requested to approve the February 9, 2021 Regular meeting minutes. 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 47 PLANNING AND ZONING COMMISSION REGULAR MEETING FEBRUARY 9, 2021 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bert Koehler IV on February 9, 2021, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Karen Godfrey, Scott Hudson, Nick Loehlein, Mami Elias, and Wes Volkenant (remote) Commissioners absent: Mary VanderLaan Also present: Community Development Director Joe Janish Associate Planner Jake Griffiths Others PLEDGE OFALLEGL9NCE OATH OF OFFICE Chairperson Koehler administered the Oath of Office to Karen Godfrey and Nick Loehlein. APPOINTMENT OF CHAIRPERSONAND VICE CHAIRPERSON Chairperson Koehler asked for nominations for Chairperson for 2021. Commission Godfrey nominated Bert Koehler, IV for Chairperson. There were no further nominations. Roll call vote was taken to appoint Bert Koehler, IV for Chairperson of the City of Andover Planning and Zoning Commission. Godfrey - aye Hudson - aye Koehler - aye Elias — aye Loehlein - aye Volkenant — aye Motion carries unanimously. 1 2 3 4 5 6 7 8 9 10 it 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 Regular Andover Planning and Zoning Commission Meeting Minutes —February 9, 2021 Page 2 Chairperson Koehler asked for nominations for Vice Chairperson for 2021. Commission Elias nominated Karen Godfrey for Vice Chairperson. Chairperson Koehler nominated Nick Loehlein for Vice Chairperson. There were no further nominations. Roll call vote was taken to appoint Karen Godfrey or Nick Loehlein for Vice Chairperson of the City of Andover Planning and Zoning Commission. Godfrey - Godfrey Hudson - Godfrey Koehler - Loehlein Elias — Godfrey Loehlein - Godfrey Volkenant - Godfrey Motion carries 5 for Godfrey - 1 for Loehlein (Koehler) for Vice Chairperson of the City of Andover Planning and Zoning Commission. APPROVAL OFMINUTES December 8, 2020 Regular Meeting Motion by Hudson, seconded by Volkenant, to approve the December 8, 2020 Regular Meeting Minutes as presented. Motion was taken by roll call: Godfrey - aye Hudson - aye Koehler - aye Elias — aye Loehlein - aye Volkenant — aye Motion carries unanimously. PUBLIC HEARING: SKETCH PLAN REVIEW — 1326 AND 1346 MIST AVENUE NORTHWEST — TAMARACK LAND DEVELOPMENT, LLC (APPLICANT) Associate Planner Griffiths stated the Commission is asked to review a sketch plan for a 22 -lot development located at 1326 and 1346 161' Avenue NW. Mr. Griffiths identified the location on a map and explained the definition and purpose of a sketch plan. Mr. Griffiths explained the property is within MUSA boundaries, will need to be rezoned from R-1 (Single Family Rural) to R-4 (Single Family Urban), will need a variance to increase the length of the cul-de-sac, and will need a review of density at the time of preliminary plat. Mr. Griffiths stated there are four proposed access points that connect to existing streets Regular Andover Planning and Zoning Commission Meeting Minutes —February 9, 2021 Page 3 1 surrounding the neighborhood. Mr. Griffiths reviewed the lot sizes, utilities, and wetland/ 2 floodplain issues. He stated the housing product will be similar to the existing 3 neighborhood. Mr. Griffith stated one existing home will be retained on its own lot. Mr. 4 Griffiths stated the site is zoned Urban Residential Low (URL) with a guided density of 5 2.4-4 units per acre. He explained the site will have challenges meeting the density 6 requirements due to sewer capacity issues, significant floodplain/wetlands, need for 7 extreme amount of fill needed to add lots, and the characteristics of the surrounding area. 9 Mr. Griffiths stated the Parks and Recreation Commission recommended cash in lieu of to land for Park Dedication requirements noting there is a park adjacent to the property. Mr. 11 Griffiths explained the next steps to provide feedback to the developer from the public and 12 the Commission to see if the developer would like to move forward with the project. 13 14 Commissioner Elias asked if the existing homeowner is going to live on that site and what 15 is preventing the street from going through. Mr. Griffiths replied there is nothing 16 preventing the street from going through other than the area to the west is not developed. 17 He did not know if the existing landowner was going to remain in the house. 18 19 Commissioner Volkenant asked if he was correctly reading the plan that the end of the cul - 20 de -sac is located in the correct position in relation to the home on the undeveloped property 21 to the west. Mr. Griffiths stated he does not have access to the exact location of the home 22 on the adjacent property at this time, however, staff will look at the alignment when the 23 property owner to the west decides to develop their land. 24 25 Motion by Loehlein, seconded by Godfrey to open the public hearing at 7:23 p.m. 26 Motion was taken by roll call: 27 Godfrey - aye 28 Hudson - aye 29 Koehler - aye 30 Elias — aye 31 Loehlein - aye 32 Volkenant — aye 33 Motion carries unanimously. 34 35 Brian Theis, Tamarack Land Development, came forward and stated staff did a good job 36 of presenting the project and Mr. Theis is available to respond to questions the public and 37 Commissioners may have. 38 39 Seth Rust, 15782 1615 Avenue NW, came forward and requested trees be preserved as 40 much as possible. 41 42 Clark Honzik, 15897 Avocet Street NW, came forward and asked to take the houses on the 43 cul-de-sac on 158[6 Lane, rotate them clockwise, and put an outlot to buffer his house. He 44 asked what type of houses will be put in. 45 Regular Andover Planning and Zoning Commission Meeting Minutes — February 9, 2021 Page 4 1 Molly Anderson, 15907 Avocet Street NW, came forward and would like the mature trees 2 preserved. She asked about the size and style of homes. 4 Dean Willenbring, President of Dean Allen Homes, 2677 Bunker Lake Boulevard, came 5 forward and stated he will be the builder of the development. He stated the houses may be 6 four -level and will stay away from traditional split-level homes. He stated the homes to 7 the north cannot have full basements due to the water table. He stated the homes to the 8 south can have full basements and he may have ramblers and two-story homes. Mr. 9 Willenbring had pictures of sample homes. He stated the price point will be over $400,000 10 and most will have three car garages. n 12 John Vukelich, 15826 Avocet Street NW, came forward and was concerned about the trees, 13 size of houses, price of houses, and the water pressure. He stated there is little water 14 pressure in the mornings. 15 16 Chairperson Koehler announced the Commission received an email from Bill and Christy 17 Malonel333 156th Lane NW, stating their backyard is open space and it's why they moved 18 here. They are concerned about the loss of open space in Andover. She stated their lack 19 of attendance is not lack of concern. 20 21 Chairperson Koehler asked Mr. Theis if he has plans to preserve anything. Mr. Theis 22 replied they have just started the initial grading plans and will take a look at heritage trees 23 and do what they can to save them. They will save trees along the property line if possible. 24 25 Chairperson Koehler asked Mr. Theis if there is anything he can do to ensure water pressure 26 does not get any worse for existing properties and is reasonable for new homes. Mr. Theis 27 stated he will explore the issue with City Engineering staff. 28 29 Chairperson Koehler asked if the houses on 1581h Lane cul-de-sac can be moved. Mr. Theis 30 stated he is willing to explore it and most of the land that is the current outlot is wetland. 31 He stated they are constrained by the wetland and may be able to shift it a bit. He stated 32 the lots could be widened instead of creating a new outlot. 33 34 Seth Rust, 15782 161' Avenue NW, came forward and stated the land has been 35 undeveloped and is a nice open space and is a shame to lose it. 36 37 Clark Honzik, 15897 Avocet Street NW, came forward and stated he is speaking for his 38 neighbor as well who would like to see the houses on the cul-de-sac shifted. 39 40 Motion by Loehlein, seconded by Volkenant, to close the public hearing at 8:15 p.m. 41 Motion was taken by roll call: 42 Godfrey - aye 43 Hudson - aye 44 Koehler - aye 45 Elias — aye Regular Andover Planning and Zoning Commission Meeting Minutes — February 9, 2021 Page 5 I Loehlein - aye 2 Volkenant — aye 3 Motion carries unanimously. 5 Commissioner Volkenant referred to the email from the Malones and would like them to 6 know they are going to be less impacted by the development than those to the north. He 7 explained the wetland is remaining. Commissioner Volkenant stated this is his 8 neighborhood too. He stated when the houses on Avocet were built, it caused an impact 9 on the wetland and ponds. He stated he suspects there can be an effect on the homes and 10 adjacent neighborhoods. Commissioner Volkenant stated he is on a neighborhood 11 Facebook group and homes to the north had concerns about increased traffic on their road. 12 Commissioner Volkenant stated he has a concern about the closeness of home 13 to the 13 existing home next to Oakview Park. He supports a better buffer between existing homes 14 and the new homes. 15 16 Commissioner Loehlein asked if the existing street stubs have the signs stating they are 17 temporary until the land develops. Mr. Griffiths replied signs are in place. 18 19 Chairperson Koehler asked Mr. Griffiths to respond to the question about water pressure. 20 Mr. Griffiths stated the City's engineers reviewed the water pressure in this area and 21 concluded the development could sustain 28 new homes without impacting the pressure. 22 Chairperson Koehler asked if the City could measure water pressure prior to and after 23 construction. Mr. Griffiths replied the City Engineer could respond to that question. 24 25 Chairperson Koehler asked Mr. Griffiths if he knows the zoning of the land. Mr. Griffiths 26 replied the area has been rural single family residential since the 1970s. He explained the 27 surrounding properties have been redeveloped and rezoned to single residential urban. 28 Chairperson Koehler asked if this property has always been designated for houses. Mr. 29 Griffiths replied it has been designated for houses. 30 31 Commissioner Godfrey stated Oakview Park is scheduled for improvements to the 32 irrigation system and she wonders if the addition of the homes will impact the project at 33 Oakview. Mr. Griffiths stated he will refer the issue to the Parks Maintenance Department. 34 35 Commissioner Hudson stated a development like this is required to keep water on-site. Mr. 36 Griffiths stated they are required to mitigate water within the property. Mr. Griffiths stated 37 as the plan comes forward, the developer will bring drainage and stormwater plans to the 38 City and it will be reviewed by City staff and other agencies. 39 40 Chairperson Koehler asked Mr. Griffiths what the standard rear setback of a house in this 41 area is. Mr. Griffiths replied it is 30-35 feet from the property line. Chairperson Koehler 42 asked if any of the lots are non -conforming. Mr. Griffiths replied none of them are non - 43 conforming. Chairperson Koehler stated he is looking at two houses on Avocet that will be 44 adjacent to the development and asked what the setback would be. Mr. Griffiths replied the 45 setback will be 30-35 feet for the rear setback and 10 feet for the side yard setback. Regular Andover Planning and Zoning Commission Meeting Minutes — February 9, 2021 Page 6 1 2 Community Development Director Janish stated stormwater requirement drives the 3 removal of trees. He explained there will be tree removal to ensure effective infiltration 4 and stormwater ponding. Mr. Janish stated the requirements have become stricter, so the 5 new development has more requirements to follow. 6 7 Commissioner Volkenant asked Mr. Griffiths to explain what is happening with the 8 existing home, shed, and how the driveway will change. Mr. Griffiths identified the 9 existing home and pole barn. He stated the pole barn will be removed as part of the 10 development. Mr. Griffiths said the existing driveway will be removed and replaced with 11 a new driveway similar to the surrounding lots. 12 13 Commissioner Volkenant asked Mr. Griffiths to explain how the existing homes on the 14 south end will be impacted by the creation of the cul-de-sac and new homes. Mr. Griffiths 15 replied the developer will demolish the south cul-de-sac, extend the street, and create a new 16 cul-de-sac. He stated the adjacent homes will acquire the land from the cul-de-sac and it 17 will be sodded to look like front yard. 18 19 Chairperson Koehler urged Mr. Theis to take the comments given at the meeting into 20 consideration and return with a plan that responds to the concerns. 21 22 Mr. Griffiths announced the sketch plan will be presented to Council on Tuesday, February 23 16. 24 25 PUBLICHEARING: COMPREHENSIVEPLANAMENDMENT—PID#24-32-24-43- 26 OOOI — CITY OFANDOVER (APPLICANT) 27 28 Community Development Director Janish stated the Commission is asked to review a 29 Comprehensive Plan Amendment for an unaddressed 1.9 -acre parcel to change the future 30 land designation from Rural Residential to Transitional Residential and to move the MUSA 31 (Metropolitan Urban Service Area) boundary line from the west border to the east border 32 of the property. He stated the parcel cannot meet the standards for current land use 33 guidance. 34 35 Mr. Janish stated the Commission is asked to hold a public hearing and provide a 36 recommendation to the City Council. He stated the item will go to the City Council on 37 February 16, 2021 and then to the Met Council. 38 39 Commissioner Hudson asked if this was purely a housekeeping issue that needs to be done 40 regardless of what development occurs. Mr. Janish replied that is how staff is looking at 41 this, that it makes sense to add it to MUSA. 42 43 Motion by Godfrey, seconded by Volkenant, to open the public hearing at 8:09 p.m. 44 Motion was taken by roll call: 45 Godfrey - aye 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 Regular Andover Planning and Zoning Commission Meeting Minutes —February 9, 2021 Page 7 Hudson - aye Koehler - aye Elias — aye Loehlein - aye Volkenant — aye Motion carries unanimously. No one appeared before the Commission. Motion by Hudson, seconded by Elias, to close the public hearing at 8:10 p.m. Motion was taken by roll call: Godfrey - aye Hudson - aye Koehler - aye Elias — aye Loehlein - aye Volkenant — aye Motion carries unanimously. Commissioner Elias asked if this change creates any financial problems for the current landowner. Mr. Janish replied it is not expected to create any financial impacts on the existing landowner. Motion by Volkenant, seconded by Godfrey, to recommend approval of a Resolution amending the Comprehensive Land Use Plan of the City of Andover to include the following: move the MUSA boundary to include the parcel and change the land use designation from RR -Rural Residential to TR -Transitional Residential for the following parcel: PID#24-32-24-43-0001. Motion was taken by roll call: Godfrey - aye Hudson - aye Koehler - aye Elias — aye Loehlein - aye Volkenant — aye Motion carries unanimously. PUBLIC HEARING: COMPREHENSIVE PLAN TEXT AMENDMENT — CITY OF ANDOVER (APPLICANT) Associate Planner Griffiths stated the Commission is asked to hold a public hearing on a Comprehensive Plan Text Amendment. Mr. Griffiths explained the background of the Comprehensive Plan and the density goal of 3 units per acre. Mr. Griffiths stated developers have experienced difficulties meeting the City's minimum of 2.4 units per acre due to no fault of their own. He stated the reasons include wetlands, floodplain, sewer Regular Andover Planning and Zoning Commission Meeting Minutes — February 9, 2021 Page 8 1 capacity issues, etc. This means the development cannot occur as the Comp Plan is 2 currently written and will require a Comprehensive Plan Amendment. 4 Mr. Griffiths stated staff is recommending the solution be written in the Comprehensive 5 Plan giving the City Council a tool by which to approve development of certain properties 6 below 2.4 units per acre provided that certain criteria are met, and the City continues to 7 meet the density and affordable housing goals as required by the Met Council. Mr. Griffiths 8 explained the property must be guided Transitional Residential or Urban Residential Low, 9 must be at least 1.75 units per acre, meet at least three qualifying criteria, have the density 10 reallocated to another property within MUSA, and report to the Met Council through the 11 Plat -Monitoring Program. 12 13 Mr. Griffiths noted staff has explored other solutions with the Met Council and feels this 14 is the best option. Mr. Griffiths stated the City did not receive any comments from the 15 public. 16 17 Commissioner Godfrey stated four of the five criteria are objective fact and the fifth one 18 appears to be a judgment call. She asked who makes that judgment and on what basis. Mr. 19 Griffiths replied the City Council will make the determination on a case-by-case basis. 20 21 Commissioner Godfrey stated this is a creative and practical way of resolving the issue. 22 She asked if there are any other communities that have used this approach. Mr. Griffiths 23 replied there are none. Commissioner Godfrey asked how the discussions are going. Mr. 24 Griffiths stated the Met Council is hesitant, but staff believes it meets the Met Council's 25 goals. 26 27 Commissioner Volkenant asked what if the Met Council rejects the City's proposal and 28 how does it affect development. Mr. Griffiths replied if the Met Council rejected the City's 29 proposal, the City would have to go through the Comp Plan Amendment with each 30 development that does not meet the Comp Plan guidance. In addition, the City would have 31 to come up with a new land use defining developments 1.75-2.4 units per acre and then 32 reassign the density to another part of the City. 33 34 Commissioner Volkenant asked for an example of what would qualify for Criteria E and 35 stated if someone wanted to build an apartment building in a residential cul-de-sac would 36 it trigger Criteria E. Community Development Director Janish confirmed that is what the 37 City is looking at. He stated the goal is to blend neighborhoods without stark differences. 38 39 Commissioner Loehlein asked staff to identify what areas of the City it impacts. Mr. 40 Griffiths stated the main areas included are the small infill type developments and circled 41 three areas within the City that may be impacted. Mr. Janish stated he believes staff has a 42 good plan. He explained they have a way to report it, track it, and it's meeting the 43 intentions. 44 Regular Andover Planning and Zoning Commission Meeting Minutes — February 9, 2021 Page 9 1 Commissioner Hudson asked how moving density from one person's property to another 2 person's property impacts the receiving property owners. Mr. Griffiths replied the transfer 3 would be applied to a larger parcel that already has a plan to meet a higher density 4 requirement. He explained it will be a minimal transfer, such as 3-4 units. Mr. Janish 5 stated any development that came over the 2.4 units per acre would create a housing bank 6 which can be used to make up for future development that is below the minimum. 8 Commissioner Elias asked how likely it will be to prove this process works and if any other 9 cities have tried it. Mr. Janish stated no other cities have tried it. He stated the Met Council to is aware that the City is proposing this. 11 12 Mr. Griffiths stated this process will be used sparingly. 13 14 Chairperson Koehler asked why the Commission does not have the Amendment language 15 to review. Mr. Griffiths stated it is in the packet in the staff report. Chairperson Koehler 16 asked if there was a Resolution. Mr. Griffiths stated a Resolution has not been prepared 17 due to ongoing conversations with the Met Council. He explained the Resolution will go 18 before Council at their next meeting with the feedback from the Planning Commission. 19 20 Motion by Godfrey, seconded by Volkenant to open the public hearing at 8:35 p.m. 21 Motion was taken by roll call: 22 Godfrey - aye 23 Hudson - aye 24 Koehler - aye 25 Elias — aye 26 Loehlein - aye 27 Volkenant — aye 28 Motion carries unanimously. 29 30 No one appeared before the Commission. 31 32 Motion by Hudson, seconded by Elias, to close the public hearing at 8:35 p.m. 33 Motion was taken by roll call: 34 Godfrey - aye 35 Hudson - aye 36 Koehler - aye 37 Elias — aye 38 Loehlein - aye 39 Volkenant — aye 40 Motion carries unanimously. 41 42 Commissioner Godfrey commended staff for developing a practical procedural tool with 43 guiding standards of application that allows the City to provide consistent adjustments to 44 the Comprehensive Plan. She stated it is a breakthrough and can see it being a model for 45 other cities. 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 Regular Andover Planning and Zoning Commission Meeting Minutes —February 9, 2021 Page 10 Chairperson Koehler asked if the process can be used by a developer to shrink the density knowing it can be transferred somewhere else. Mr. Janish stated the City Council has the final decision-making power. Mr. Janish stated the City wants to meet the requirements and a developer would have to demonstrate why they cannot meet minimum density. He explained a developer can request to be lower, but staff will ask why, and Council will deem if it is applicable. Commissioner Loehlein asked why a developer would want less density. Chairperson Koehler stated he is concerned there is a side effect. He explained a developer could come in and play with the numbers knowing it would become someone else's problem. Commissioner Hudson stated the City normally encounters the opposite, where developers want more units, and the City prefers fewer. Mr. Griffiths replied the review by City Council should mitigate that issue along with the City's sewer capacity analysis. He stated staff will red flag issues that come forward. Chairperson Koehler stated there are safeguards in place, however, the possibility is there. He said you only have to meet two objective and one subjective criteria. Motion by Loehlein, seconded by Hudson, to recommend approval of the Comprehensive Plan Text Amendment. Motion was taken by roll call: Godfrey - aye Hudson - aye Koehler - nay Elias — aye Loehlein - aye Volkenant — nay Motion carries 4 ayes, 2 nays (Koehler and Volkenant). OTHER BUSINESS Mr. Griffiths stated there will be a Commission meeting and workshop on Tuesday, February 23, 2021. He updated the Commission on Council actions since the Commission's last meeting. Mr. Griffiths stated Council Chambers will be upgraded to have better use of Zoom and video. ADJOURNMENT Motion by Hudson, seconded by Elias, to adjourn the meeting at 8:43 p.m. Motion was taken by roll call: Regular Andover Planning and Zoning Commission Meeting Minutes — February 9, 2021 Page 11 1 Godfrey - aye 2 Hudson - aye 3 Koehler - aye 4 Elias — aye 5 Loehlein - aye 6 Volkenant — aye 7 Motion carries unanimously. 9 Respectfully Submitted, 10 11 Shari Kunza, Recording Secretary 12 TimeSaver Off Site Secretarial, Inc. C I T Y 0 Fk*, 1ADOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners COPY: Joe Janish, Community Development Director` FROM: Peter Hellegers, City Planner SUBJECT: PUBLIC HEARING: Lot Split — 2225 167`1i Avenue Northwest — Clint and Danica Schiefelbein DATE: February 23, 2021 INTRODUCTION The property owners propose to split the 19.56 -acre parcel to create two (2) conforming rural lots. BACKGROUND A building permit for the house on the property was issued in 1986 and is on private well and septic service. In 2013, a building permit was issued for the 5,200 square foot pole barn. The applicants purchased the property in 2019 on Contract for Deed and the Warranty Deed for the property was recorded in their names in June of 2020. The property is generally located: south of 1691h Lane NW, west of Hanson Boulevard NW, north of 167th Avenue NW, and east of Verdin Street NW. DISCUSSION The applicants are proposing to split the nearly 20 -acre property to create a second home site. The property is approximately 650 feet wide by 1,300 feet deep but much of the westerly and northerly portion of the property is drainage area or wetland. The proposed lot split would break the existing home site off from the pole barn and the rest of the property. The pole barn (accessory building) cannot be left on the lot on its own without a principal structure on the lot. However, the City has in the past allowed an accessory structure to remain on a lot for up to one year with a Land Use Agreement when there are plans to build a principal structure on that lot within one year. The proposed lot split meets the R-1 Single Family - Rural requirements and is in compliance with the Comprehensive Plan and meets the minimum lot requirements for the district. Comparison City Code Minimum Parcel A Parcel B Lot Area 2.5 acres 17.06 acres 108, 900 s 743,134 s 2.5 acres 108, 900 s Lot Width at ROW 50 ft 297 ft 351 ft Lot Width at Setback 300 ft 313 ft 334 ft Lot Depth 150 ft 1300 ft 360 ft Site Suitability A geotechnical/soils report, soil borings, and septic report were submitted with the application. The Engineering Department reviewed the report and determined that the new lot is buildable. The existing survey shows two (2) septic drain fields that are only which comply with City Code requirements. Land Use Agreement The property owners are proposing to allow the existing pole building to remain on the newly created Parcel A. This is an option through an Assessment Agreement (Land Use Agreement) that must be executed and filed with Anoka County at the time the lot split is recorded. With the assistance of the City Attorney, staff will draft the Agreement. The Agreement will allow the pole building to remain on the property without a principal structure for one (1) year following the execution of the Agreement. If a principal structure is not constructed within one (1) year, the City may tear down the structure and assess the costs to the property. Park Dedication and Trail Fees One new lot is created by the lot split process. A park dedication fee and a trail fee will be required to be paid for at the time of the recording of the lot split. The park and trail fees will be based on the 2021 fee schedule: Park Dedication Fee $4,400.00 and Trail Fee $900.00 ACTION REQUESTED The Planning Commission is asked to hold a public hearing and provide a recommendation of approval to the City Council regarding the lot split request. Respecfsu 1 b i d, Peter H e s, i e Attachments Resolution for Lot Split Assessment Agreement Location Map Aerial photograph of the site Survey Cc: Clint and Danica Schiefelbein, 2225 1671h Avenue NW, Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA I7ol=1411 A RESOLUTION APPROVING A LOT SPLIT REQUEST TO SUBDIVIDE INTO TWO PARCELS IN THE R-1 SINGLE FAMILY RURAL DISTRICT FOR THE PROPERTY LOCATED AT 2225 167TH AVENUE NORTHWEST, PIN 10-32-24-32- 0007, LEGALLY DESCRIBED AS: PARCEL l: The East Half of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of Section 10, Township 32, Range 24, Anoka County, Minnesota. PARCEL 2: The Northeast Quarter of the Northwest Quarter of the Southwest Quarter and the West Half of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter, Section 10, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the property, described above, is currently one tax parcel, and the property owners have requested approval of a lot split to subdivide property, and; WHEREAS, the lot split creates two (2) conforming rural lots that are in compliance with City Code regulations and the Andover Comprehensive Plan, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approve the lot split, as shown on Exhibit A. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. The applicant shall be required to pay a park dedication fee for the new lot in the amount of $4,400 and a trail fee in the amount of $900 prior to the recording of the lot split with Anoka County. 2. A grading and erosion control plan must be submitted to the City at the time of building permit submittal. 3. All required permits must be obtained from the Lower Rum River Watershed Management Organization and the Anoka County Transportation Department prior to the issuance of a building permit. 4. An Assessment Agreement is required to maintain the existing accessory building (pole building) without a principal structure on the newly created Parcel A. The Agreement must be executed and filed with Anoka County. Failure to execute an Agreement will require the removal of the existing accessory building (pole building). 5. The lot split is subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City Council of the City of Andover on this nd day of 2021. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER: Sheri Bukkila, Mayor EXHIBIT A EXISTING PROPERTY DESCRIPTION (per Document No. 2266949.005) PARCEL 1: The East Half of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of Section 10, Township 32, Range 24, Anoka County, Minnesota. PARCEL 2: The Northeast Quarter of the Northwest Quarter of the Southwest Quarter and the West Half of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter, Section 10, Township 32, Range 24, Anoka County, Minnesota. PROPOSED PARCEL A PROPERTY DESCRIPTION That part of the East Half of the Northwest Quarter of the Southwest Quarter of Section 10, Township 32 North, Range 24 West, Anoka County, Minnesota, which lies westerly, northerly, and northwesterly of the following described "Line A". "Line A" is described as commencing at the southeast corner of said Northwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 88 degrees 42 minutes 58 seconds West along the south line of said Northwest Quarter of the Southwest Quarter, a distance of 354.79 feet to the point of beginning of the line being described; thence North 13 degrees 09 minutes 44 seconds East, a distance of 360.80 feet; thence South 83 degrees 03 minutes 08 seconds East a distance of 202.89 feet; thence North 48 degrees 16 minutes 26 seconds East, a distance of 91.63 feet to the east line of said Northwest Quarter of the Southwest Quarter and said "Line A" there terminating. PROPOSED PARCEL B PROPERTY DESCRIPTION That part of the East Half of the Northwest Quarter of the Southwest Quarter of Section 10, Township 32 North, Range 24 West, Anoka County, Minnesota, which lies easterly, southerly, and southeasterly of the following described "Line A". "Line A" is described as commencing at the southeast corner of said Northwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 88 degrees 42 minutes 58 seconds West along the south line of said Northwest Quarter of the Southwest Quarter, a distance of 354.79 feet to the point of beginning of the line being described; thence North 13 degrees 09 minutes 44 seconds East, a distance of 360.80 feet; thence South 83 degrees 03 minutes 08 seconds East a distance of 202.89 feet; thence North 48 degrees 16 minutes 26 seconds East, a distance of 91.63 feet to the east line of said Northwest Quarter of the Southwest Quarter and said "Line A" there terminating. LAND USE AGREEMENT This Land Use Agreement ("Agreement") is made by and between the City of Andover, a municipal corporation, 1685 Crosstown Boulevard NW, Andover, Minnesota 55304 ("City"), and Clint Schiefelbein and Danica Schiefelbein, husband and wife, 2225 167'h Avenue NW, Andover, Minnesota 55304, ("Owner"), and is effective as of the date last signed by a parry to this Agreement. The Owner is the fee owner of certain real property located at 2225 167th Avenue NW, Andover, Minnesota 55304 and legally described as: PARCEL 1: The East Half of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of Section 10, Township 32, Range 24, Anoka County, Minnesota. PARCEL 2: The Northeast Quarter of the Northwest Quarter of the Southwest Quarter and the West Half of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter, Section 10, Township 32, Range 24, Anoka County, Minnesota. and is further described by Property Identification Tax Parcel Number [PID] 10-32-24-32-0007 ("Property"). The Owner has requested that a subdivision of the Property (lot split) be allowed by the City of Andover subject to this Agreement, which, if allowed and agreed to, would further affect and restrict the Property and any divisions or subdivisions thereof. WHEREAS, the lot split would create a new lot with an existing accessory structure located on it without a principal structure; and WHEREAS, the owner requests that the accessory structure be allowed to remain on the vacant lot without a principal structure for the duration of no more than one (1) year; and WHEREAS, pursuant to the Andover City Code, an accessory structure is not permitted on a residential lot without a principal structure unless a Conditional Use Permit is granted; and WHEREAS, in such event, and pursuant to the Andover City Code, the City would have the right to initiate immediate abatement proceedings against any such property to have the accessory structure removed; and WHEREAS, notwithstanding the foregoing, and if the Owner's Property subdivision request is approved, the City and the Owner agree that the Owner shall have one (1) year from the date of this Agreement to accomplish one of the following: 1. The owner shall have removed the accessory structure; 2. The owner shall make application and be granted a Conditional Use Permit to allow the accessory structure to remain; or 3. The Owner shall have applied for a building permit to build the principal structure. WHEREAS, the Owner acknowledges that in addition to the City's right to initiate criminal proceedings if the Owner fails to accomplish one of the options listed above, the City further has the right to initiate abatement proceedings against the Property to abate the accessory structure; and WHEREAS, as a condition of the City agreeing to allow the requested lot split, the City and Owner have agreed to enter into this Agreement to assure the Property will be brought into compliance with the Andover City Code. NOW, THEREFORE it is hereby agreed as follows: 1. If the Owner fails to accomplish one of the options listed above within the specified time frame, the City shall immediately have full and unrestricted access to the Property for the purpose of removing the accessory structure. 2. Notwithstanding any law to the contrary, Owner agrees that upon completion of the removal of the accessory structure contemplated in this Agreement by the City, the total of all such construction costs and expenses incurred by the City shall be considered unpaid special charges which shall be immediately certified to the County Auditor pursuant to Minn. Stat. §429.061, Subd. 3 for collection of real estate taxes due on the Property in the year 2023. 3. Owner hereby agrees to pay in full all assessments attributable to the improvements contemplated in this Agreement and performed by the City, and further does hereby expressly waive any and all rights to object, dispute, contest, or appeal said assessments against the Property attributable to the cost of said improvements and does hereby waive any and all statutory or constitutional rights to object or appeal from any such assessments. 4. The parties hereto represent, warrant and agree that each has been represented by their own counsel, or has had the right to be so represented but declined any such representation; that they have thoroughly read and understand the terms of this Agreement; that they have conferred with their respective attorneys on any questions in regard to this Agreement, or had the right to confer with an attorney but have declined to do so; and have voluntarily entered into this Agreement. 5. The parties hereto acknowledge and agree that this Agreement represents the full and complete agreement of the parties and that this Agreement supersedes and replaces any prior agreements relating to the subject matter addressed herein, whether oral or written, and any amendments or modifications of this Agreement must be in writing and executed by all parties to be effective. The parties represent and warrant that there are no covenants, promises, undertakings or understandings between the parties outside of this Agreement except as specifically set forth herein. 6. This Agreement shall not be construed more strictly against one party than against any other party by virtue of the fact that the Agreement may have been drafted or prepared by counsel for one of the parties, it being recognized that all parties to this Agreement have contributed substantially and materially to the negotiations and/or preparation of this Agreement. 7. This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Minnesota, irrespective of the domicile of the parties or other conflict of law provisions. 8. The parties agree that the scope and terms of this Agreement are reasonable and that it is the parties' intent and desire that this Agreement be enforced to the fullest extent permissible under the laws and public policies applied in the jurisdiction in which enforcement is sought. If any particular provision of this Agreement shall be adjudicated to be invalid or unenforceable, the remaining provisions hereof shall remain in full force and effect. 9. All notices required hereunder shall be given by depositing in the U.S. mail, postage prepaid, certified mail, return receipt requested, to the addresses set forth in the first paragraph of this Agreement (or such other addresses as either party may notify the other). CITY OF ANDOVER Dated: 2021 By: Jim Dickinson, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2021, by Jim Dickinson, City Administrator for the City of Andover, a municipal corporation, on behalf of the municipal corporation. (SEAL) Notary Public OWNER Dated: 2021 Clint Schiefelbein Dated: .2021 Danica Schiefelbein STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2021, by Clint Schiefelbein and Danica Schiefelbein, husband and wife and fee owners of certain real property located at 2225 167`h Avenue NW, Andover, Minnesota 55304. (SEAL) Notary Public As1 N V.R Lot Split — 2225 167"' Ave NW Date Created: February 18, 2021 t Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. N �'Ub%`I?R 2225167 Ave NW — (Aerial) Rum River 4$j f Elementa f ^r. 2096 e Lt 114ik ►{rx ��e l 'i' ` y r I r Date Created: February 18, 2021 t Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. N PROPOSED LOT SPLIT ~foor- CLINT AD DANICA f- 2225167th Avenue N WHIEFELBEIN NOTES Fleld survey wee NM~ by E.G. RW and Said, Im on MVISVW. atl,in9s shown are on Abuse Carty slogan. Parcel 10 Number: 10 -32.24n -MV. heal Parcel Arts: 19.56 Adm. Pmany N 2oa6: angle Family RUM moderated (R -N Pan mum Int Area: 230 bed or 100,900 s0. R MMlmum IM WARM: 300 Peet Minimum ON OepM: 1w Fee, WII®n9 SMbeek Arc: a0 Feet Front Yard 10 Fest Me yam N FM Poor Yang Co.IN, thon. fmn M„Geo Lefora,sl sualereme6 by flak Imes. Seaana High WateTANe detem,Med by NIo Enginemm,. S. report detect Oe"mber 6. 2020. 100 Yar High Water level determined by Mews Ep6mMrp See mart dated Nov 0012,2020. GeoteMMal Report was prea:ed by pb En9l:erdim. S. repwl noted Nrande er ll, 2020. Desloge and Wi ty Ummd dmolpaom to be pmvlded upon dW rtWes. ThIs Bovey was prepared without Me be"Mt of title work AddlNona emanAmb, rmMNmc and/or enwmGa:lae may �other Man dome shown horn. Survey suNe t m ,evYMn mon rtMlat da anent to. cmmlhrent Or An Nnni Me Mulan. PARCEL A 191MLE AREA TOTAL PARCEL AREA:...............................34;255.5 SQ.Fr. NS ARRA M WILOIRG EEE = AND BELOW 82.2 ELAWTION (IN YEAR-100AY MOWMMT � aW.T MSL) 333.920E SD.Fr. TOTAL BODDANE AREA. ...... ................. ..38,8353 GQ.FT. PARCEL B RBBBABIE UFA TOTAL PARCEL AREA: ........................... . .. 109,0111.6 6Q.Fr. LESS AREA IN BUDDING SE MM AND OELOW 82.2 EFATION (100 YEAR -30 MY SNOWTeLT � 892.3 MSL) a2Aa8.6 ED Fr TOTAL WILDMIE AREA......................_.......61.83.0 SQ.FT. PROPOSED HOUSE ELEVATIONS (12000RSE ".00( WNL- WALKOUT el4MENl) TDP OF BLOCK M.4 GARME FLOOk 902.1 LOWEST PLOGI� 1194:7 TOP OF FOo11NG9N.4 GRAPHIC SCALE m » E rtgca = w FdaT VICINITY MAP PART OF SEC. a TWP. 32, 2FG 24 AND" COUNTY. NMCSOTA ONO SCALD Andover, Minnesota 55304 EIOSTINO PROPERTY DESCRIPTION (per Document No. 2266949.005) PARCEL 1: The East Half of the Southeast Quarter a the Northwest Quarter of the SOuMwest Quarter of Secddn 10, Townshlp 32, Range 24, Anoka County, Minnesota. PARCEL 2: The Northeast Quarter of the Northwest Quarter of the Southwest Quarter and the West Half of the Southeast Quarter of the Northwest Quarter of the SNMwest Quarter, Section 10, Township 32, Range 24, Anoka County, Mlnneeots. r fib iii wri 1l a sons. INC. Professional Land Surveyors wwWearud.Nm 6776 Lake Drive NE Suite 110 Lino Lakes, MN 55614 Tel. (651) 361.6200 Fax (651) 361.6701 •••_ •...—" me awl- M SK 10, T.32, R.24. PROPOSED PARCEL A PROPERTY DESCRIPTION h XWynFMa na3I, A. mmuA Tax, au Tine Net Of Me Fast Half of the Northwest Quarter of Me mutramet owner d Section 10, Tewnshlg 32 North, Range 24 Wert, MOM CcunN. Minn.., whkh Ra w l,, northerly, and northwesterly Of Me falaMng rewlbed'Une A'.'Unt A' Is described as mmmmdng M the southeast comer d old Northam, Quarter or Me Swthwest QwMr; thmm on an assumed bosons of NOM 8 degrees 42 minutes 50 Banda bleat along the sats One a mid Nathwea Quarter M the SouNweat Quarter, a dlYanm of 354.29 lets W Me Panto( bglonln9 of Me line being demma d; Meme North 13 degrees 09 minutes 44 favnds Ems, a dlsts.Of 360.8 ha; Mesa South 8 degree 03 minutes 8 M 8 —no. Kua distance 202.ford; Mma North 48 degrees 16 .In. 26 acmM Emb, a der and of 91.63 ha W t Me see line a aid Northwest Quarter of Ne SauNwest Quarts and sMd'Une A' Mere temnlredng. PROPOSED PARCEL R PROPERTY DESCRIPTION Thor part of Me East Half of Me NwMwed Quarter ofMe Southward Quarter of Seton 10, TownMlp 32 North, Range 24 Wert, Anoka County, Min reach, y,Hch Was embory, southeM, anal smMeaateMy, of the IdKKWng dmWbM'Une A'. 'Una A' 6 GmafbM as wmmendng at Me southeast Omerd old NOrtMrcst Quarter of the SouMwet Quarte Mensa m an assumed bearing a North 88 dsormr 42 minutes se merom yNR along Me south line of old NoNw,essQuarterQter d Me Southwest Quarter, a dttenre d 35x.39 kst m Me dint d tegMMy aMe line bang dmcN Men" North 13 degrees 8 minutes M records EM, a dldante d60. 38 Fort; Men. South 83 degrees 03 minutes 08 Records Eart a da m of 202,09 kit; Maus North 48 degrees 16 Minutes 261emnds EBR, A dktena a 96.63 feat to Me art line a min NortMast Quarter &Me SeW:wmt Quarter and mid U e W them terminating. I hereby o :"', Mor Mla away, p6 n mport was poured by me or uMer reirdared supervision end that am a ashy Redsterm land Surveyor under Me laws of Me Some of Minn... ASON .RUO Dak: September u. 2020 UCense No. 41578 BENCBMIIRB MBG CCUNIY MWHMMM It: GREEN 6a EMAOON - 81(N.A.V.D. INS) IEOENO • DENOTE$ IRON MOHUMEUND 0.51ABEIED Xi POUND O DEN ITSIRON MSKr, MARKED RLS# 41M W DENOTES AIR CONDITIONING UNR 0DENOT65EPrC SEWER MANHOLE RE OENDT6 GM METER ® DENOTES WELL — DENOFPS FENCE .._.— DeMNES LIDAR CONTOURS s DENOFFS E):LSTTNG SW ELEVATION MOVES CONCRETE SURFACE `h am RENOIR MUML 9M:F DENOTES RETAINING WALL -----ate DENOTES &RIDING L£TasIX UNE T.r.swt Oe8 WIL BOILING I) BY 1ACCROWN B ROMWAL. MIL) GRAPHIC SCALE m » E rtgca = w FdaT VICINITY MAP PART OF SEC. a TWP. 32, 2FG 24 AND" COUNTY. NMCSOTA ONO SCALD Andover, Minnesota 55304 EIOSTINO PROPERTY DESCRIPTION (per Document No. 2266949.005) PARCEL 1: The East Half of the Southeast Quarter a the Northwest Quarter of the SOuMwest Quarter of Secddn 10, Townshlp 32, Range 24, Anoka County, Minnesota. PARCEL 2: The Northeast Quarter of the Northwest Quarter of the Southwest Quarter and the West Half of the Southeast Quarter of the Northwest Quarter of the SNMwest Quarter, Section 10, Township 32, Range 24, Anoka County, Mlnneeots. r fib iii wri 1l a sons. INC. Professional Land Surveyors wwWearud.Nm 6776 Lake Drive NE Suite 110 Lino Lakes, MN 55614 Tel. (651) 361.6200 Fax (651) 361.6701 •••_ •...—" me awl- M SK 10, T.32, R.24. PROPOSED PARCEL A PROPERTY DESCRIPTION h XWynFMa na3I, A. mmuA Tax, au Tine Net Of Me Fast Half of the Northwest Quarter of Me mutramet owner d Section 10, Tewnshlg 32 North, Range 24 Wert, MOM CcunN. Minn.., whkh Ra w l,, northerly, and northwesterly Of Me falaMng rewlbed'Une A'.'Unt A' Is described as mmmmdng M the southeast comer d old Northam, Quarter or Me Swthwest QwMr; thmm on an assumed bosons of NOM 8 degrees 42 minutes 50 Banda bleat along the sats One a mid Nathwea Quarter M the SouNweat Quarter, a dlYanm of 354.29 lets W Me Panto( bglonln9 of Me line being demma d; Meme North 13 degrees 09 minutes 44 favnds Ems, a dlsts.Of 360.8 ha; Mesa South 8 degree 03 minutes 8 M 8 —no. Kua distance 202.ford; Mma North 48 degrees 16 .In. 26 acmM Emb, a der and of 91.63 ha W t Me see line a aid Northwest Quarter of Ne SauNwest Quarts and sMd'Une A' Mere temnlredng. PROPOSED PARCEL R PROPERTY DESCRIPTION Thor part of Me East Half of Me NwMwed Quarter ofMe Southward Quarter of Seton 10, TownMlp 32 North, Range 24 Wert, Anoka County, Min reach, y,Hch Was embory, southeM, anal smMeaateMy, of the IdKKWng dmWbM'Une A'. 'Una A' 6 GmafbM as wmmendng at Me southeast Omerd old NOrtMrcst Quarter of the SouMwet Quarte Mensa m an assumed bearing a North 88 dsormr 42 minutes se merom yNR along Me south line of old NoNw,essQuarterQter d Me Southwest Quarter, a dttenre d 35x.39 kst m Me dint d tegMMy aMe line bang dmcN Men" North 13 degrees 8 minutes M records EM, a dldante d60. 38 Fort; Men. South 83 degrees 03 minutes 08 Records Eart a da m of 202,09 kit; Maus North 48 degrees 16 Minutes 261emnds EBR, A dktena a 96.63 feat to Me art line a min NortMast Quarter &Me SeW:wmt Quarter and mid U e W them terminating. I hereby o :"', Mor Mla away, p6 n mport was poured by me or uMer reirdared supervision end that am a ashy Redsterm land Surveyor under Me laws of Me Some of Minn... ASON .RUO Dak: September u. 2020 UCense No. 41578