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HomeMy WebLinkAboutApril 8, 2025 PLANNING AND ZONING COMMISSION MEETING – APRIL 8, 2025 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Loehlein on April 8, 2025, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Nick Loehlein, Commissioners Roger Grout, Scott Hudson, Chuck Naughton, Pat Shuman, Jr., Jonathan Weinhold and Ryan Winge. Commissioners absent: None. Also present: Community Development Director Joe Janish and City Planner Peter Hellegers. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – March 19, 2025, Special Meeting Motion. The Chair assumed a motion to approve the March 19, 2025, Andover Planning and Zoning Commission Special Meeting Minutes as presented. The Motion passed on unanimous consent. APPROVAL OF MINUTES – March 25, 2025, Regular Meeting Motion. The Chair assumed a motion to approve the March 25, 2025, Andover Planning and Zoning Commission Regular Meeting Minutes as presented. The Motion passed on unanimous consent. PUBLIC HEARING: Consider a residential subdivision using a Planned Unit Development (PUD) on the property at 13624 Gladiola Street NW (PID 33-32-24-31- 0042). (Applicant: General Contractors of MN Inc.). Community Development Director Joe Janish reviewed the Commission is requested to review a Conditional Use Permit (CUP) for a Planned Unit Development (PUD) for a five-lot single-family residential development as proposed by Doug Schultz/General Contractors of MN Inc. The applicant submitted a narrative for the proposed Sketch Plan which was provided for Commission review. Regular Andover Planning and Zoning Commission Meeting Minutes – April 8, 2025 Page 2 The City of Andover reviewed a sketch plan in late 2024, which had shown seven proposed lots, and through that process received feedback from residents, City commissions and City Council. The applicant has submitted a PUD request for a five-lot single-family development. The site is located at the southwest corner of Bunker Lake Boulevard and Gladiola Street NW, just east of the boat landing on Crooked Lake. The property falls within the shoreland district. For this development to move forward, several actions need to occur including:  Preliminary Plat (which would include a public hearing).  Final Plat (City Council only).  Building permits (Administrative). Mr. Janish reviewed project conformance with local and regional plans and ordinances. 1. The 2.4-acre property (33-32-24-31-0042) is located within the Metropolitan Urban Service Area (MUSA) boundary. 2. The property is guided in the 2018 Comprehensive Plan as URML, Urban Residential Medium Low, a designation that calls for densities of 4 to 8 units per acre. With a 50% open space easement the property yields a net density of 4.15. 3. The property is within the Shoreland Overlay District. 4. The proposed development includes one deviation from City Code related to lot width that is proposed to be addressed through the PUD process. Mr. Janish reviewed the riparian/nonriparian rights to be determined by the DNR. If found to be riparian up to 5 slips could be available to the property. Mr. Janish reviewed the site characteristics including access, utilities, shoreland management, zoning, and lot size (within shoreland management), setbacks, and wetland and floodplains. The developer and/or owner are responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District, Minnesota Pollution Control Agency, and any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding this request. In accordance with the City Code, public hearing notice was published in the Anoka County Union Herald and mailed notice was provided to properties located within 350 feet of the site using GIS data provided by Anoka County. In addition, a sign has been posted along Gladiola Street NW to alert passersby of the proposed public hearing. The City’s practice is more generous than State Statute, which only requires the published notice and mailed notice to properties within 350 feet. The current Master Park Plan does not identify parkland in this area. The Park and Recreation Commission had reviewed the PUD sketch on December 5, 2024, and recommended cash in lieu of land. Regular Andover Planning and Zoning Commission Meeting Minutes – April 8, 2025 Page 3 The following City Code standards for PUD Review that the proposed development would need to address at the Preliminary Plat/PUD review stage. Applicable Ordinances – City Code 13-3-9 regulates the findings that are required for a PUD to be approved: 1. The proposed development 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 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 (Ord. 298, 8-4-2004). City Code 13-3-11 identifies Desirable PUD Design Qualities that are sought in any PUD proposal as listed below: 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. It is expected the Planning and Zoning Commission recommendation will be considered by the City Council on April 15, 2025. Additional development will create additional tax base; however, the additional development also requires additional services, making the net budget impact difficult to quantify. Also provided for Commission review were a Location Map, Draft Resolution of Approval, Draft Resolution of Denial, City Staff Engineer Comments dated April 1, 2025, Comprehensive Plan Goals, PUD Narrative, PUD Development Plan Shoreland Open Regular Andover Planning and Zoning Commission Meeting Minutes – April 8, 2025 Page 4 Space, Public Comments Received – none at time of write up), Conceptual Home Plans and PUD Plan (Preliminary Plat). Commissioner Winge asked for clarification on the density. Mr. Janish stated that this 4.14 density is what is reported back to Met Council. The shoreland depends on who is asked and the DNR rules apply. The DNR is requiring as part of the PUD process the open space requirement. Commissioner Naughton asked about the dock situation and whether it is up to the DNR. Mr. Janish stated this is a unique situation, and the DNR has indicated and explained when high and low water occurs. The question is where the property line is, and does the property have riparian rights. The City is not involved in that discussion. Commissioner Naughton asked if there is a proposed traffic control change at the intersection and Mr. Janish stated there is not. As part of the construction process, the developer will reconstruct a portion of Gladiola. Commissioner Grout asked what the city’s concerns were on the corner lot, which required an extra 10 feet of width. Mr. Janish reviewed the setback required from a County road, which requires a 50-foot setback. Commissioner Weinhold asked about the riparian and when the decision will be made and Mr. Janish stated it is a dispute between property owners that the City would not be involved with. Commissioner Winge referred to the variance being requested and noted it is only lot width with the corner lot needing a setback of 50 feet. Chair Loehlein opened the public hearing at 7:20 p.m. Mr. Brian Person, 3601 Thurston, surveyors on the project, noted the picture is not entirely correct and indicated the actual water line. They have data from the last 40 years on the water levels. Council was asked if they would rather see smaller lot width or the setback required from the County Road (Bunker Lake Blvd). Council indicated they would rather see the 50-foot setback. That is why the developer went forward requesting five lots. Ms. Emily Smith, 2837 135th Lane NW, stated she was at the meeting in December. She is an electrical engineer. She is pleased to see a compromise on the number of units and variance requests. She asked about the turning lane being closed during street reconstruction and asked how that would affect the sidewalk. Sidewalk access needs to be maintained throughout the construction. Safety needs to be stepped up from an average construction site, given all the children in the area. She is concerned about the impact on the neighborhood as traffic will be increased, specifically in front of her house. She asked if a traffic study has been performed. Ms. Smith asked if any of the mature trees in the main area will be preserved. In their area, there are a number of wildlife and she hopes the Regular Andover Planning and Zoning Commission Meeting Minutes – April 8, 2025 Page 5 developer will keep that in mind, especially for the turtles. She asked that the landscaping include more native species. She asked that lighting have a positive impact, and she recommended dropping exterior lighting to 2700-3000K as well as not putting the lights on photocells but using manual switches. She would like the dark skies to remain. Ms. Smith asked if this will still be a 55+ development. Ms. Alyssa Taylor, 13633 Heather Street, stated she appreciates the flexibility in reducing the number of units. There are 121 houses on Crooked Lake and the average lot size is .57 acres. This property is much smaller than the lots on Crooked Lake. This will be the most densely populated area. She asked that a maximum of 4 houses be put on this property. If 3 houses were built it would be closer to other homes on the lake. She stated recently the water level has been low and it is not typical that it is as high as it is now. She is concerned about the five boat slips that could be added. It is already an extremely narrow gateway for people using the boat launch. She is concerned about the traffic and would like to see a traffic study done. There are many accidents in that area. She would like to see a traffic light installed. She also wants to know if this is a 55+ development. She is not opposed to development, but it needs to align with the rest of the lake. She does not think 3 houses is an unreasonable request. She is not pleased with the DNR making the decision about the riparian rights. Previously, there would not have been lake access. Chair Loehlein asked Mr. Janish to address the questions and concerns. Mr. Janish addressed the sidewalk, Mr. Person confirmed that the sidewalk will remain open. The Anoka County Sheriff’s Office can be contacted to monitor speed. The development will attract the 55+ community, but the development is not age restricted. The City does not determine if a lot is riparian or non-riparian this is covered by State Law. A traffic study was not requested to be needed by the Engineering Department. The public hearings this evening will be the only opportunity to gather public information. Mr. Brian Person, 3601 Thurston Avenue, Anoka, indicated the water line on the lake that was located last July, which the water level was very low. The current dock has 5 feet of water at the end of the dock. The sidewalk will remain open during construction. The road shouldn’t be closed for more than 2 weeks during utility construction. There is no requirement for street lighting, and the only lighting would be on the structures. There is a lot of debris on the site currently, which will be cleaned up with part of the construction. The intersection is a right in or right out, and it is not a full intersection. st Mr. Doug Schultz, 21725 181 St NW, Big Lake, GCM Construction, they are looking at 55+ development. They will be bringing in a lot of compost materials. They have no problem using native plantings. Most construction parking will be done on the job site and not parking on the street. Chair Loehlein asked about safety and Mr. Schultz stated there will be a job site supervisor present and they take safety seriously. He understands the neighborhood concerns. Regular Andover Planning and Zoning Commission Meeting Minutes – April 8, 2025 Page 6 Ms. Alyssa Taylor, 13633 Heather Street, does not understand why the riparian rights are being discussed. It is 10 feet of muck. She wants to know how many feet of water access there is for the property, as it is pie-shaped and surrounded by cattails. She asked where the dock would be proposed. Her dock is 35 feet long just to get out into the water. More docks will impede the boat traffic. Having 5 slips on one dock is ridiculous. She needed to add length to her dock to keep her boat in the water. Adding 5 homes to this will increase traffic, and it is very dangerous already. She does not think requesting a traffic study is unreasonable. She asked about the easement. Chair Loehlein closed the public hearing at 7:56 p.m. Mr. Janish noted the easement will be covered by the owner’s association along with the infiltration basin. It is meant to be a natural space. Commissioner Naughton mentioned the dock situation. The existing dock comes out of lot 5 and he does not know where another dock could be. Mr. Janish stated that the DNR regulates the docks. The City does not dictate riparian rights. The DNR regulates the docks. The applicant is trying to pursue the riparian rights. It is between the DNR and the applicant. There is no timeline for when this will be resolved. Commissioner Weinhold stated there is public opinion on the dock and riparian situation and asked if there is a venue where the public can voice their opinion and Mr. Janish stated he does not believe there is. The question is, legally is it riparian. Commissioner Winge stated the biggest concern for him is the parking situation at the boat launch with more traffic congestion. Commissioner Shuman referred to the Code standards for R-4. The only deviation from the standard is lot width. This is being driven by the developer complying with the setback requirement from the County Road. This PUD is within nearly every standard. It appears the developer has created a PUD compliant with City Code. Commissioner Naughton referred to the footprint and asked if it would be 2 bedrooms and an office. Mr. Janish stated that is the footprint for the 55+ standard, but it is not age restricted. The conditions for approval include: 1. Applicant shall obtain approval of Preliminary Plat, which shall be consistent with PUD. 2. The applicant shall provide 50% open space easement over the property. 3. 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: a. Commercial uses prohibited. Regular Andover Planning and Zoning Commission Meeting Minutes – April 8, 2025 Page 7 b. Vegetation and topographic alteration other than routine maintenance prohibited. c. Construction of additional buildings or storage of vehicles and other materials prohibited, and d. Uncontrolled beaching of watercraft prohibited. 4. 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: a. Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers; b. Each member must pay a pro rata share of the association’s expenses and unpaid assessment can become liens on units or sites; c. Assessments must be adjustable to accommodate changing conditions; and d. The association must be responsible for all commonly owned property and facilities. 5. Upon approval action by Andover City Council of the Lakeview at Sloth Farm Preliminary Plat, it shall be incorporated into the PUD. 6. The following deviations shall be permitted from the R-4 zoning district, subdivision regulations, and shoreland regulations with the PUD: a. Applicant shall be permitted to have one lot at a width of 76.23 feet, three lots at a width of 76.25. 7. The Applicant shall construct homes that meet the requirements established by the Andover City Code and with varying architectural styles and as outlined by the applicant within the PUD. 8. The applicant shall establish a Homeowners Association to handle common elements of the development such as but not limited to the open space easement with City oversite. 9. The applicant shall be permitted docks as outlined within the shoreland ordinance provided DNR and City of Andover agrees the property has riparian rights. a. If a dock is permitted the applicant shall provide ingress/egress to the dock for lots of record of the proposed development. Motion by Commissioner Hudson, seconded by Grout, to recommend the City Council approve a Resolution of the Conditional Use Permit/Planned Unit Development Requested by General Contractors of MN Inc., as shown as Lakeview at Sloth Farm, revising condition 9. Motion carried on a 6-ayes, 1-nays (Winge) vote. PUBLIC HEARING: Consider a Preliminary Plat for a 5-lot residential subdivision on the property at 13624 Gladiola Street NW (PID 33-32-24-31-0042). (Applicant: General Contractors of MN Inc.). Community Development Director Joe Janish reviewed General Contractors of MN Inc. has submitted a preliminary plat application for the proposed Lakeview at Sloth Farm residential development located at PIN 33-32-41-31-0042. A map showing the location Regular Andover Planning and Zoning Commission Meeting Minutes – April 8, 2025 Page 8 was provided. The proposed development consists of five single-family urban residential lots within the shoreland district. The applicant had submitted a sketch plan, which was reviewed by the City of Andover Commissions, and City Council and the Planning and Zoning Commission previously took action on the Planned Unit Development (PUD) request. Mr. Janish reviewed Conformance with Local and Regional Plans and Ordinances, Access, Utilities, Lots, and Coordination with Other Agencies. It is expected the Planning and Zoning Commission recommendation will be considered by the City Council on April 15, 2025. Also provided for Commission consideration were Site Location Map, Draft Resolution of Approval, Draft Resolution of Denial, City Staff Engineer Comments dated April 1, 2025, Public Comments Received – none at time of write-up, and Preliminary Plat Plan Set. The conditions for approval include: 1. City of Andover staff comments dated April 1, 2025, and all comments from potential subsequent reviews of the preliminary plat shall be addressed to the satisfaction of the City Engineer. 2. The applicant shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 3. Prior to final plat recording at Anoka County, a development agreement acceptable to the City Attorney must be executed by the Developer. 4. Easement documents shall be required as part of the final plat. 5. Such plat approval is contingent upon approval of the PUD request. 6. This Preliminary plat shall be part of the PUD. 7. Applicant shall obtain all necessary permits from appropriate jurisdictions and agencies in order to develop the property. 8. Applicant shall provide Association documents at time of final plat addressing items identified during CUP/PUD approval process. 9. The Applicant shall pay cash in lieu of land for park dedication requirements. Commissioner Winge asked how the City ensures the infiltration basin is managed. Mr. Janish stated the City, Coon Creek Watershed District and the Applicant monitors. The applicant maintains logs, and the City and Watershed can audit those logs. Chair Loehlein opened the public hearing at 8:10 p.m. Mr. Brian Person, 3601 Thurston Avenue, Anoka, stated regarding the infiltration basin and the Coon Creek Watershed District requires the Applicant enter into an agreement which is recorded. Regular Andover Planning and Zoning Commission Meeting Minutes – April 8, 2025 Page 9 Ms. Emily Smith, 2837 135th Lane NW, asked where the infiltration basin is located and is it a permanent feature. If it is permanent, is that something since it is on an easement, that the public can go onto that area. Chair Loehlein closed the public hearing at 8:13 p.m. Mr. Janish stated the infiltration basin will be permanent. The material planted within it is part of the management of the basin. He is not aware of what will be planted there. This will not be a rain garden. Mr. Brian Person, 3601 Thurston Avenue, Anoka, stated this is not a rain garden. It would be a permanent structure. A seed mixture will be planted there according to Coon Creek and the City’s requirements. This would not be public property. Chair Loehlein commended the applicant for listening to the previous public feedback into the revised plan. Motion by Commissioner Hudson, seconded by Weinhold, to recommend the City Council approve the Preliminary Plat of Lakeview at Sloth Farm with conditions. Motion carried on a 6-ayes, 1-nays (Winge) vote. PUBLIC HEARING: Consider a Conditional Use Permit (CUP) for the addition of antennas to the existing water tower and related ground mounted equipment for the property at 1717 Crosstown Boulevard NW (PID 22-32-24-41-00106). (Applicant: AT&T Mobility c/o Terra Consulting Group Ltd.). City Planner Peter Hellegers reviewed AT&T Mobility c/o Terra Consulting Group, Ltd is seeking to install 9 antennas on the existing city water tower #2 located at 1717 Crosstown Blvd NW (next to City Hall, 1685 Crosstown Blvd NW). The water tower already has antennas for other carriers on the tower. A conditional use permit is required to locate an antenna above 35 feet in height. The main portion of the water tower top is 169 feet tall and the current height of equipment on water tower #2 is 184’. The proposal would have antennas mounted on the top of the water tower with a tip height of 179’. On April 4, 2023, the City Council approved a Conditional Use Permit Amendment request for AT&T that would have allowed for up to 6 antennas, however, the applicant never installed those antennas, and the approval lapsed. City Code 12-15-7-B provides the following general review criteria to consider when granting CUP. In granting a CUP, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, moral and general welfare of occupants of surrounding lands. – The antennas will be placed on the water tower. Currently the water tower has other providers located on the tower. The proposal has been reviewed by City Engineering and a structural engineer to Regular Andover Planning and Zoning Commission Meeting Minutes – April 8, 2025 Page 10 evaluate the placement of the equipment. The Federal Communication Commission regulates wireless facilities to ensure the health, safety, moral and general welfare of the occupants in the immediate areas. 2. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. – The CUP Amendment will not generate substantial additional traffic on adjacent streets as only maintenance vehicles would be expected at the site after installation. Parking facilities and adjacent streets will not be impacted. A parking pad is provided adjacent to the water tower for maintenance personnel. 3. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. – The existing use is permitted in the zoning district. Water tower #2 is an existing tower and installation of antennas does not adversely affect the development of the surrounding lands. The location is part of the City Campus, with an elementary school to the south, Community Center to the north, and commercial businesses to the east. The nearest home is approximately 1217 feet to the SE, and the nearest development land is approximately 840 feet to the east of the water tower. As with all antenna installations, some ground-mounted equipment will be necessary, which will be located within the tower itself and identified as part of a lease with the City. The applicant is required to be licensed to use a specific frequency to prevent interference with other signals. The applicant is required to provide documentation indicating compliance with FCC requirements. The Planning and Zoning Commission is requested to conduct a public hearing on the proposed request and make a recommendation to the City Council on the CUP Amendment request. If the recommendation is approval, staff suggests the CUP amendment be approved subject to the conditions listed. 1. The applicant shall obtain a building permit from the City of Andover Building Department prior to the commencement of work. 2. The applicant shall obtain a lease agreement for the project prior to the issuance of a building permit. 3. The applicant shall meet staff’s comments as part of the review process. 4. The antennas and associated equipment shall conform to the revised plans dated March 3, 2025, and any revisions as per staff comments. 5. The Conditional Use Permit shall be subject to a time limit for implementation within twelve months after approval of this Conditional Use Permit Amendment as per City Code 12-15-7D. The applicant shall make significant progress in the first twelve (12) months after approval, or the permit will become null and void. Also provided for Commission consideration were Draft Resolutions of Approval and Denial, Location Map, Previously approved CUP Amendment; Resolution #R034-23, City Code §9-11 – Antennas and Towers, Applicant’s Narrative and Plan Sheets: C-1, C-2, ANT-1, and ANT-2. Regular Andover Planning and Zoning Commission Meeting Minutes – April 8, 2025 Page 11 Commissioner Grout asked how the height of the existing antennas differs from the new antennas. Mr. Hellegers stated they may be slightly taller, but not as tall as the tallest existing antenna. Commissioner Winge asked why the first CUP was not completed. Chair Loehlein opened the public hearing at 8:24 p.m. Mr. Brian Cabot, 12044 Waconia Circle, Blaine, stated it was not built due to budget restrictions. Commissioner Hudson asked when the first construction would begin, and Mr. Cabot stated this Fall if not sooner. AT&T is very eager to get started to improve service. Commissioner Winge asked what assurances the City has that this will take place. Mr. Cabot stated AT&T is very anxious to get this done. Chair Loehlein closed the public hearing at 8:26 p.m. Motion by Commissioner Hudson, seconded by Shuman, to recommend the City Council approve a Resolution approving the Conditional Use Permit Amendment Request to allow up to nine (9) additional antennas to the existing telecommunication tower for AT&T, located at 1685 Crosstown Blvd. NW, with conditions. Motion carried on a 7-ayes, 0-nays vote. This will come before City Council at their April 15, 2025, meeting. OTHER BUSINESS. Mr. Janish stated on March 19, 2025; the City Council denied the request for variance for accessory structure. A resolution for denial will come before Council on April 15, 2025. An IUP request for land reclamation was brought before City Council, which was approved. A request for a PUD for a residential subdivision off Ward Lake Drive was approved by the City Council. The cannabis retail business City Code amendment was approved and adopted the registration process. The CUP for accessory dwelling unit was approved by the City Council. Regular Andover Planning and Zoning Commission Meeting Minutes – April 8, 2025 Page 12 ADJOURNMENT Chair Loehlein adjourned the meeting at 8:30 p.m. Respectfully Submitted, Debbie Wolfe, Recording Secretary TimeSaver Off Site Secretarial, Inc.