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HomeMy WebLinkAboutJanuary 27, 2004 ( " () \.) r' '\ ~NÓÒVÉ~ "~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Meeting Agenda January 27, 2004 Andover City Hall Council Chambers 7:00 p.m. I. Call to Order 2. Approval of Minutes - January 13,2004 3. PUBLIC HEARING: Rezoning (03-09) to change the zoning from Single Family Rural Residential (R-l) to Single Family Urban Residential (R-4) for property located at 1021 Crosstown Boulevard NW. 4. PUBLIC HEARING: Preliminary Plat of Sophie's Manor, a Single Family Urban Residential development located at 1021 Crosstown Boulevard NW. \~) 5. PUBLIC HEARING: Residential Sketch Plan for a single family residential development located at 13309 Jay Street NW. 6. PUBLIC HEARING: Conditional Use Permit (04-02) for drive through and variance to parking setbacks at proposed CVS pharmacy/convenience store at 3631 Bunker Lake Boulevard NW. 7. Other Business 8. Adjournment \ \_____J (~ l) c,~ CLQJ ~NóbVE~ ~ ,;{ - d'1-D~ ') './ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US ...- PLANNING AND ZONING COMMISSION MEETING - JANUARY 27, 2004 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on January 27,2004, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Tony Gamache, Rex Greenwald, Dean Vatne, Jonathan Jasper and Michael Casey. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Others \ '.) APPRO V AL OF MINUTES. January 13, 2004 Motion by Gamache, seconded by Casey, to approve the minutes as presented. Motion carried on a 6-ayes, O-nays, I-present (Greenwald), O-absent vote. PUBLIC HEARING: REZONING (03-09) TO CHANGE THE ZONING FROM SINGLE FAMILY RURAL RESIDENTIAL (R-l) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPERTY LOCATED AT 1021 CROSSTOWN BOULEVARDNW. Mr. Bednarz explained the Planning Commission is asked to review the proposed rezoning to allow the Sophie's Manor project to move forward. The proposed plat is consistent with the Comprehensive Plan as the property is designated Transitional Residential (TR). This designation indicates that the property will transition from rural to urban with the extension of utilities to the property. The property is located in the Metropolitan Urban Service Area (MUSA) and lies within the / \ current growth stage (2000-2005) in the City's Sewer Expansion Plan. ,_/ Regular Andover PlannQ and Zoning Commission Meeting 0 Minutes - January 27, 2004 ~) Page 2 The times and conditions have changed due to the fact that properties to the north and west have developed at urban densities and municipal utilities are now available to serve the subject property. Staff recommends approval of the proposed rezoning. ---- Mr. Bednarz discussed items 3 and 4 with the Planning Commission. . Motion by Greenwald, seconded by Casey, to open the public hearing at 7:27 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Public input is discussed in the next item. Motion by Gamache, seconded by Casey, to close the public hearing at 7:45 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Motion by Greenwald seconded by Gamache, to recommend to the City Council approval of the rezoning request based on the fact that times and conditions have changed. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Bednarz stated that this item would be before the Council at the February 17,2004 City Council meeting. :~ PUBLIC HEARING: PRELIMINARY PLAT OF SOPHIE'S MANOR, A SINGLE FAMILY URBAN RESIDENTIAL DEVELOPMENT LOCATED AT 1021 CROSSTOWN BOULEVARD NW. Mr. Bednarz explained the Planning Commission is asked to review a preliminary plat of 46 urban lots on approximately 34 acres. Mr. Bednarz discussed the staff report with the Commission. Mr. Bednarz stated staff is recommending a temporary access onto Crosstown Boulevard. He stated they received comments from the County Highway Department and they are not in favor of a new access to Crosstown Boulevard. He stated the city staff will continue to discuss this with the County. Mr. Bednarz stated there are also a couple of outlots on the plat and staff is asking that one be combined with adjacent property and the other be preserved for future development. Mr. Bednarz stated there were two other items. One being an existing row of evergreen trees along Crosstown Boulevard. The City requires an extra ten feet of lot depth for :~ screening from the roadways. There is an opportunity to save the existing row of trees. The last item is that Lot 1, Block I has a lot depth slightly less than the required one hundred and thirty feet, due in part to location of 155 Avenue right-of-way and the C) (.) Regular Andover Planning and Zoning Commission Meeting Minutes - January 27, 2004 r "- Page 3 (-) south property line of the development. If Lot I, Block I is to be developed, it will need a variance to lot depth. Mr. Bednarz stated if a permanent or temporary access would not be a condition of approval as part of this plat then staff would not recommend this being approved because it would be a conflict with the city's transportation plan. Commissioner Kirchoff asked what the property, not part of this proposal is zoned right now. Mr. Bednarz stated it was zoned R-I. Mr. Bednarz summarized the letter from the County Highway Department with the Commission. CommissionerÜamache stated the letter from the County stated lots 5, 6, 7, 8 & 9 in block 3, wouldn't this access be too close to the Railroad tracks. Mr. Bednarz stated one of the things in the County letter is the distance for people to respond to something that is happening on the road in time from the rail road track and they are calling that out as five hundred feet and lot 5 would be about 660 feet and should be adequate distance there and there would also be about a quarter mile between that access and Avocet Street over to the south and west. - , \ \.J Commissioner Greenwald asked what temporary meant in a situation like that. Mr. Bednarz stated it would remain until another access would be developed. Commissioner Gamache asked what would become of the temporary access. Mr. Bednarz stated the street could be removed and the street easement would be vacated and they could recover a lot. Commissioner Greenwald stated if they looked at the project location map, it was pretty obvious that the City was thinking those two roads would connect and that there would be some kind of access other than Avocet. Mr. Bednarz agreed. Commissioner Kirchoff asked if they have talked about closing Avocet because it is not up to the design they would need for access. Mr. Bednarz stated he would not characterize that it is under designed for what it is intended for because it was designed for local street access. He stated they will need multiple connections that serve the south end of the development. Commissioner Greenwald asked once the property next to this is developed, will the temporary road be closed. Mr. Bednarz stated they could put a condition on this property ; that this would have to occur. Commissioner Jasper asked why they should build a temporary road when they could move the road west and make it a permanent road, why wait for the possibility of the piece to the south to develop later. Mr. Bednarz stated it is something they could look at 0 but where they move it to is an important consideration. He showed on the map the location of an existing house and a wetland on the south side of Crosstown Blvd. 0 0 Regular Andover Planning and Zoning Commission Meeting Minutes - January 27, 2004 f ~'ì Page 4 -' ',_J Commissioner Jasper stated this is a collector road and all of the lots will have driveways facing the road and wondered if this was contrary to the development standards. Mr. Bednarz stated there would need to be a variance to allow lots to front on a collector street. Commissioner Jasper stated Wintergreen as proposed on the plat, if it went south to the area that is not part of this development, would it require the removal of the existing structure and garage on the other property. Mr. Bednarz stated the garage would not meet the setback requirements but the house would. Commissioner Kirchoff stated looking at Wintergreen; he wondered why it was proposed to come up to Crosstown but not at a right angle, is it because of the house. Mr. Mike Quigley, representing the development company, stated the road was designed specifically for the spot to correspond with the property directly to the south. The County is not recommending any access to Crosstown. He stated a temporary road is costly and the County is not in favor of this and they have designed this plat at the request of staff to save the trees along Crosstown because there are large mature pine trees there and the drainage is designed to keep all of the trees. He stated all the trees on lot 5 will need to be clear cut and most of the trees on lots 4 and 6 would need to be removed for site lines if the temporary road were installed. r-) Motion by Greenwald, seconded by Gamache, to open the public hearing at 7:27 p.m. "-, Motion carried on a 7-ayes, O-nays, O-absent vote. Ms. Linda Price, 15661 Yellow Pine, stated her property is adjacent to the proposed zoning change and she had two concerns. The first was if there was an access street from Crosstown into the section, which would make their subdivision a thru street for people trying to beat the train. Once the street is put in, people will try to cut through if they see the train. She foresees people using this as a thru street. Her second concern is having houses built on railroad tracks and how this will affect the market value. Mr. Bednarz explained the transportation plan to the residents. Mr. Doug Box, 15675 Yellow Pine, stated his backyard backs up to the wetlands. His concern is if they are planning on filling in a substantial amount of wetlands, he is concerned with his backyard flooding. He has fears that if they fill in any part of the wetlands, it will raise the water level and flood his property. Mr. Bednarz stated his lot was designed to accommodate two one hundred year floods and he did not see there being a problem with flooding. He stated it would not be uncommon for water to back up into the yard where there is a drainage and utility easement on the back part of his yard. Mr. Box stated his concern is within the last hundred years, the wetland has not been filled in. Mr. Quigley stated along the lots that shows some fill, there is minimal amount of fill. Behind the lots will be a substantial storm water pond for the water to go to. ,; " ~-.-J Mr. Pear Mulberg, 244 173rd Avenue NW, asked what is the process that would happen fTom here on that would determine what the County will allow. Chairperson Daninger Regular Andover PlannQ and Zoning Commission Meeting (j Minutes - January 27, 2004 / 'ì Page 5 \.,~ stated they take recommendations from the County as well as trying to work with the County and they look at the plat as a whole and try to look at angles and speeds of the street and how it benefits everyone. Commissioner Jasper asked what happens if the Commission recommends the temporary access and the County does not want it. Mr. Bednarz stated the City has plat authority, the County has the ability to review the plats and comment but the City has the ability to approve the plat. Mr. Joe LeGuard, asked what Mr. Bednarz meant by routing traffic around the rail road tracks. Mr. Bednarz stated if there is an access to Crosstown Boulevard as part of this development, the local transportation network is improved. Motion by Gamache, seconded by Casey, to close the public hearing at 7:45 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Casey asked if the property owner where the proposed Wintergreen would go through was at the meeting. Mr. Bednarz stated the owner is in Florida for the winter and he did speak to him last week. He stated the property is for sale but they were not able to come to terms with the developer. ,/-" Chairperson Daninger asked what the homes values will be. Mr. Quigley stated the value \._" of the homes will be equivalent to the homes in the area. Mr. Quigley showed on the map where the pond will be in the development and stated it was designed to back two hundred year events and will be dry most of the time. Commissioner Greenwald stated he would not be in favor of this if they had to put in a temporary road because he does not want to see all the trees destroyed. Commissioner Gamache agreed and stated if the property next to this is for sale, he suggested the developer come to terms with the property owner and purchase the property and make the permanent connection. Commissioner Greenwald stated that under the conditions of this preliminary plat, he would not vote for it right now until he had further explanation on how they are going to do that connection to Crosstown. He stated that there is no question that people north of there will be using that in coming out onto Crosstown. Chairperson Daninger stated the County is recommending no access. Commissioner Kirchoff stated he could understand their reasons for not wanting access but this is an area they have identified that will want a collector street and the street needs to continue past Crosstown and the County does not have any plans at the present time to upgrade Crosstown. He would hate to see a temporary go in and he thought they could make a - deal with the proposed connection on Wintergreen. He stated he supported a connection ,/ \ ¡ ~ \.~..J to Crosstown but he did not want a temporary street. u U Regular Andover Planning and Zoning Commission Meeting Minutes - January 27, 2004 / ~ Page 6 , j Commissioner Greenwald stated they need to have a detailed comprehensive plan that is well thought out so they do not get into this situation. Discussion ensued in regards to the proposed temporary road connection. Chairperson Daninger asked how everyone felt about driveways on collector streets. Commissioner Gamache stated there is nothing they could do unless they do not develop the land. Commissioner Kirchoff stated he did not think it was too severe to put driveways on this arterial street. He stated they have had to do this on a few developments when no other options exist. Commissioner Casey stated they are only stuck with two options. Either give up lot five as a permanent and cutting out the trees or going to the other piece of property probably at a higher price. He stated they have to have access to Crosstown. Commissioner Jasper stated if this is redone, it seems that the road could on the northern part of this development, be run along the wetland edge with cul-de-sac's off and get nearly as many lots if they put the road along the wetland edge and put cul-de-sac's off to the west but they will still have on the south side of this ten or twelve lots that have to front the collector street so it does not solve the collector street problem. \ , ~ Commissioner Greenwald thought they should all agree there should be an access but he needs a more defmitive information and he would like to either table this or deny this. He would be more prone to table this ,until they could get more information. Chairperson Daninger stated they did not have enough information to approve this but he wondered if they should table this or deny it. He thought they should move this forward to the City Council with a recommendation because the only things they have problems with are the road going through and the street as a collector. Commissioner Jasper stated if Wintergreen is not put where the developer wants it, the land will be landlocked. That creates a problem for the owner at 1155 and complicates this. Commissioner Greenwald stated they could make a motion for approval with the condition for access onto Crosstown Boulevard or they could make a motion to not approve it until there is more information because he would like more of a straight answer as to where the road will be. Commissioner Vatne stated his vote will be to deny because he thinks that getting this straightened out where the road will be is too significant to have in front of them and to approve with a condition. He thought it needed to be ironed out first. '. '~ J Regular Andover PlannQ and Zoning Commission Meeting 0 ; Minutes - January 27, 2004 -,- () Page 7 ------, Motion by Gamache, seconded by Greenwald, to recommend to the City Council denial of the preliminary plat because of the unknown of the access or continuation of the feeder street. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Bednarz stated that this item would be before the Council at the February 17,2004 City Council meeting. Commissioner Greenwald left the meeting at 8:10 p.m. PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FORA SINGLE FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 13309 JAY STREET NW. Mr. Cross explained the Planning Commission is asked to review a sketch plan for a 4-lot residential subdivision. Mr. Cross discussed the information with the Commission. Commissioner Gamache asked where the driveway is. Mr. Cross stated it extends out onto Jay Street. He stated there would have to be a variance for every property that 0 would have a driveway out onto I33rd. Commissioner Gamache asked why the one lot needed to be widened out to one hundred feet. Mr. Cross stated because the ninety foot width on comer lots applies only to comer lots that back into one another and this one would not do that to the north of it. Commissioner Jasper thought only two of the lots were fronting on 133rd. Mr. Cross stated the applicant indicated that this would be the minimum. Mr. Ernest Rousseau stated currently his driveway fronted onto Jay Street so they could leave the existing driveway in and cover the front two lots with the existing driveway. He stated this would allow only two driveways onto 133rd. Mr. Rousseau stated it would be a shared driveway. Mr. Bednarz stated staff would not advise that situation. Mr. Rousseau stated they would like to seek a variance to put four driveways onto 133rd. Commissioner Vatne stated on the revised engineering sketch plan, there was a proposal to get by the driveways out to the collector street and treat it with a driveway that runs along the northern section where the homes would have driveway access off of that. He thought it was compared to one of the recent developments off of County Road 9, City View Farms. Mr. Cross stated the Engineering Department offered that as a suggestion to help the project go through as a way to work around the problem of access to 133rd, it was done successfully in City View Farms so Engineering brought this forward as a suggestion. Commissioner Kirchoff asked if this would be a private street. Mr. Cross Ü stated it would. - Regular Andover Plannk; and Zoning Commission Meeting Ü Minutes - January 27, 2004 '\ Page 8 ~ J Commissioner Jasper stated City View Farms was a development with an association that takes care of the private road, was this the intention of this development. Mr. Cross stated it was intended to make four single family lots. Commissioner Kirchoff asked if there was a turn around on each lot. Commissioner Jasper stated it was proposed to make the driveways "]" shaped to allow residents to drive out onto 133rd instead of backing out. Mr. Rousseau stated this was correct. Commissioner Gamache stated he read that the City of Coon Rapids would have to deed some land to the owner in order to put accesses onto 133rd. Mr. Rousseau stated the City of Coon Rapids indicated they would transfer the property to him but they would not do it if the driveways are not approved onto 133rd. Mr. Cross stated in speaking with the Coon Rapids City Engineer, he indicated the city would convey the land contingent on Andover giving this the thumbs up to this sub-division. Motion by Gamache, seconded by Kirchoff, to open the public hearing at 8:22 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. Mr. Tim Miller, 1765 132nd Lane, Coon Rapids, stated they back up to the proposed changes. He stated to their east there is a home with a driveway onto 133rd, the same ,.\ with the house to the west. He would propose they drive by the lot because he does not \.J see the room and he is opposed to the entire process. He stated there are mature pines on , , the property that deserve to stay. Mr. Ben Healy, 13344 Ibis Street, stated he lives behind the proposed property development and he could see one lot but he did not understand how they could get four lots out of the property. He showed the area on the map. Motion by Gamache, seconded by Casey, to close the public hearing at 8:31 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. Commissioner Gamache stated this is zoned R-4 already and the applicant has the right to do what he wants on this as long as it falls in the zoning. He stated he does not have a problem with this at all. Commissioner Kirchoff suggested they put in turn-around' s if possible. Commissioner Vatne stated the lot size is straight forward; his biggest concern is the collector street. He thinks the spirit of the ordinance is to keep safety and not have a busy access onto busy streets. His last concern was there were comments they needed to have a grading plan to preserve as much of the trees as possible and he agreed. ~,J Commissioner Kirchoff asked if there were already four sewer stubs into the property. The applicant stated there was not. Regular Andover PlannQ and Zoning Commission Meeting /') (J Minutes -January 27,2004 r'1 Page 9 . ',--, .J Commissioner Jasper stated he agreed with the residents of Coon Rapids about it makes more sense to do two lots because the house is angled at such a way that the front of the house will be at the back of the other lot. He understands why the street cannot be put to the north edge because you cannot get the setback to do that and leave the house which makes it financially unfeasible. He would encourage the applicant to consider doing this as a two or three lot split, leaving the applicants access onto Jay Street and doing the other lots to the east. It seems like it is too much for the space. Commissioner Casey stated they all meet the requirements but he would like to see all four accesses onto 133rd. Commissioners Kirchoff and Gamache concurred. Chairperson Daninger stated he is not comfortable with all the houses having driveways onto 133rd and he thought there could be other ways. Commissioners Vatne and Jasper agreed. Ch~erson D~ni!lge.r stated ~ere are some concerns that were brought up and the ,-- applicant should take those intô-consideration for the City Council meeting. Commissioner Jasper asked if would be possible for the applicant to sit down with staff about the possibility of doing the road on the north side with the idea of getting a ,,- '\ variance so he would not have to destroy his house and this would eliminate the \, ) driveways onto 133rd. Mr. Bednarz stated that this item would be before the Council at the February 17,2004 City Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT (04-02) FOR DRIVE THROUGH AND VARIANCE TO PARKING SETBACKS AT PROPOSED CVS PHARMACY/CONVENIENCE STOREAT 3631 BUNKER LAKE BOULEVARD NW. Mr. Bednarz explained this item has been postponed to allow the applicant more time to revise the site plan to possibly eliminate the need for a variance to parking setbacks. Notification has been mailed to surrounding residents within 350-feet of the property. The proposed project will be located on the northwest comer of Bunker Lake Boulevard and Round Lake Boulevard on the site currently occupied by Super America. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ~-j (J " '] \-/ Regular Andover Planning and Zoning Commission Meeting I Minutes - January 27, 2004 ; - , í ) Page 10 Mr. Bednarz mentioned that he had a couple of reports for the Planning Commission l regarding cul-de-sacs and dealing with improvements to County Roads as part of the platting process. .._-----, Commissioner Kirchoff thought they should have some discussion regarding driveways on collector streets. Mr. Bednarz stated they could discuss this. ADJOURNMENT. ! Motion by Gamache, seconded by Kirchoff, to adjourn the meeting at 8:45 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. Respectfully Submitted, _.---- --~--- Sue Osbeck, Recording Secretary TžmeSaver Off Site Secretarial, Inc. ----.. -.--- ---- , -, , , ) '- \ J