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HomeMy WebLinkAboutJanuary 10, 2006 o o o A+-la.JbGb I-a 4-Ob PLANNING AND ZONING COMMISSION MEETING - JANUARY 10,2006 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on January 10, 2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Michael Casey, Valerie Holthus, Devon Walton (arrived at 7:11 p.m.) and Michael King. Commissioners absent: Commissioner Rex Greenwald. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota Assistant City Engineer, Todd Haas Others OATH OF OFFICE Commissioners King and Kirchoff read the Oath of Office. It was indicated that Commissioner Walton would read the Oath of Office after the meeting. APPROVAL OF MINUTES. November 22, 2005 Motion by Casey, seconded by Kirchoff, to approve the minutes as presented. Motion carried on a 3-ayes, O-nays, 2-present (Holthus, King), 2-absent (Greenwald, Walton) vote. PUBLIC HEARING: CITY CODE AMENDMENT TO AMEND CITY CODE 14-1-5- B TO REFLECT CHANGES TO FLOOD INSURANCE RATE MAP #2706890010B. r-- Regular Andover Planning and Zoning Commission Meeting Minutes-January 10,2006 Page 2 o Mr. Vrchota noted the Planning Commission is asked to review a proposed amendment to City Code Section 14-1-5-B. Ibis amendment will adopt the revisions of Flood Insurance Rate Map (FIRM) panel #270689 OOlOA as an attachment to the official Zoning Map. The changes to the map are the result of a flood plain study that was required as part of the Country Oaks West plat. Mr. Vrchota reviewed the information with the Commission. Motion by Casey, seconded by Holthus, to open the public hearing at 7:05 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Greenwald, Walton) vote. Mr. Winslow Holasek, 1159 Andover Boulevard, stated he understood the study had to be done because of Country Oaks and he wondered who ultimately ended up paying for it. Mr. Bednarz believed the developer of Country Oaks West initiated that study. He indicated he did not see any of the bills so he did not know who paid for the study. Mr. Holasek wondered if the study was for the entire City. Mr. Vrchota indicated the amendments are just for the area on the map from 161 st to 165th and the Burlington Railroad. o Motion by Kirchoff, seconded by Casey, to close the public hearing at 7:09 p.m. Motion carried on a 7-ayes, O-nays, 2-absent (Greenwald, Walton) vote. Commissioner Kirchoff wondered if they could build anywhere outside of Zone C. Mr. Haas stated the area zoned C is the area the City is allowed to issue building permits. Anything in Zone A, they are not allowed to issue building permits unless it is taken out of Zone A. Commissioner Holthus wondered what the difference was between the flood plain and flood fringe. Mr. Haas explained the definitions of each item. Commissioner Walton arrived at 7: 11 p.m. Commissioner Holthus wondered if there would need to be some mitigation done if building were done in the grey area. Mr. Haas indicated there would be if it was determined to be in the flood plain area. Commissioner Holthus wondered how much of the development was built in the flood plain area. Mr. Haas stated Country Oaks should not be in the flood zone. Commissioner Kirchoff stated there were some changes from the old map to the new map, was this favorable to the developer. Mr. Haas stated there were few changes to the map. o Regular Andover Planning and Zoning Commission Meeting Minutes - January 10, 2006 Page 3 o Commissioner Kirchoff stated this is highly technical and he trusted what staffhad in the report. Motion by Kirchoff, seconded by Casey, to recommend to the City Council approval of the proposed code amendment. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the January 17,2006 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO AMEND CITY CODE 12-13 PERMITTED, CONDITIONAL AND PROHIBITED USES ENUMERATED TO CONSIDER ADDING DRY CLEANING PROCESSING AS A PERMITTED OR CONDITIONAL USE IN COMMERCIAL ZONING DISTRICTS. Mr. Bednarz explained the City has been approached to change the allowable uses in the commercial zoning districts to enable dry cleaning processing to be performed. In November 2005 the EDA heard reasons why the use should be allowed in the commercial area known as "Andover Station North" which is located in a General Commercial (GB) zoning district. o Mr. Bednarz discussed the staff report with the Commission. Commissioner Holthus wondered if there is a dry cleaning business that wants to have a processing business in Andover. Mr. Bednarz stated there was. Commissioner Kirchoff wondered if the equipment would be new equipment. Mr. Bednarz stated it would. Mr. Bednarz indicated Zoning for Andover Station North is General Business (GB). He noted other commercial areas in the City. Commissioner Kirchoff wondered if there were areas in other cities now that allowed drycleaner processing which should not. Mr. Bednarz showed a table of other cities that allowed drycleaners. He stated dry cleaners were generally a permitted use in retail districts of other cities with regulations in place for a number of years. Commissioner Kirchoff indicated he did some research and found the new equipment is not as much of a hazard as the old machines. He thought because of this, they could probably allow them in other Zoning District besides GB. o Commissioner King wondered if operators could opt out of state reporting guidelines and whether the city needed to make sure the business would file paperwork and were monitored by the EP A. He also asked if limits to the size of the operation had been Regular Andover Planning and Zoning Commission Meeting Minutes - January 10, 2006 Page 4 o considered. Mr. Bednarz stated that with the conditional use permit, the city can condition approval to include an annual inspection to make sure the business is following applicable regulations and using approved equipment. He did not believe much consideration had been given to regulating the size of the business. Commissioner Walton wondered where the waste station is that the chemicals get sent to in Minnesota. He agreed that the newer machines seemed more efficient and more in control of the emissions along with more control over chemical spills. He stated he would like to see one in Andover. Motion by Kirchoff, seconded by Walton, to open the public hearing at 7:29 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Mr. Winslow Holasek stated he never thought about the size but it did make a difference. The more units you have, the more potential pollution they would have. He thought it should be a conditional use and he thought they should also consider the size and limit it. Motion by Walton, seconded by Casey, to close the public hearing at 7:31 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. o Ms. Laura Heppner, 12341 Drake Street, Coon Rapids, stated she owns Mr. T's cleaner in Coon Rapids along with a drop station in Andover and the processing center in Coon Rapids. She indicated there are a number of places where the chemicals go. She noted her chemicals get sent to Wisconsin and it is well documented through Minnesota and Wisconsin. She noted the amount of chemicals purchased and disposed of is monitored. Commissioner Holthus wondered if employees of on-site dry cleaning businesses were warned of the risk of cancer. Ms. Heppner indicated they were. She explained how the dry cleaning process works. She stated the newer processes are very safe and they do not come into contact with any chemicals. Commissioner Kirchoff wondered how often the waste is changed out. Ms. Heppner stated it depended on the volume of business at the center. Commissioner King wondered if there is any waste water involved. Ms. Heppner stated there is some but there is special equipment that eliminates the chemicals from the water before it is discharged. She stated the County inspects the sites and takes samples to compare them to the previous inspection. Commissioner King wondered if the are special ventilation systems required. Ms. Heppner stated there was not. o Chairperson Daninger wondered ifher site only handles what her shops bring in. Ms. Heppner stated that was correct. Chairperson Daninger wondered how the City could tell o o o Regular Andover Planning and Zoning Commission Meeting Minutes - January 10, 2006 Page 5 if they were a larger processor. Ms. Heppner stated no matter what, they still have to follow EP A rules. Commissioner Daninger wondered if a business could opt out of the testing. Ms. Heppner stated she did not know that it was possible and would not think: that was correct because she would not want to do this. The Commission concurred that they should try to get a dry cleaning process in Andover and also that this be a conditional use permit and that the business would need to have new equipment. Commissioner Kirchoff thought they could use the wording "dry to dry machines". Commissioner Walton thought if they specified the type of machine it may need to be amended at a later date for new technology. Mr. Bednarz showed a map with the different zoning areas where a dry cleaning processing store could go. Chairperson Daninger stated he was leaning toward GB for a location of this type of businesses. Commissioner King stated if both Andover Station North and South were zoned GB, they would need to take a look at this because he would not want it on the south side. Commissioner Kirchoff wondered what the difference was between Shopping Center District and GB District. Mr. Bednarz stated they are pretty much the same as to what they allow. Commissioner Holthus asked for a definition of other cities zoning districts. Commissioner Walton wondered before they approve this, shouldn't they have a better definition of GB and Shopping Center Districts. Mr. Bednarz stated GB and Shopping Center Districts have been reviewed in both Districts and the Council has some issues with the definition of Shopping Centers. He indicated they will be having on-going discussions regarding the Districts definitions. Motion by Kirchoff, seconded by Walton, to recommend to the City Council that dry cleaning processing should be made a conditional use in the City's commercial zoning districts using new or "dry to dry" technology as a minimum standard. The City will also require proper paper work from the business and will need to follow the requirements of the EP A. Commissioner King thought he would like to see something in the motion indicating the City would like to see the proper paper work and to follow the requirements of the EP A. Regular Andover Planning and Zoning Commission Meeting Minutes - January 10, 2006 Page 6 o Chairperson Daninger stated there was some concern with the definition of GB. He thought this should be reviewed for the future. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the January 17,2006 City Council meeting. PUBLIC HEARING: REZONING (05-10) TO CHANGE THE ZONING FROM SINGLE FAMILY RURAL RESIDENTIAL (R-1) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF NIGHTINGALE STREET NW AND 157TH LANE NW. Mr. Cross stated Shaw's Glen is a new proposed residential subdivision north of Grey Oaks on 1 57th Lane. The development sits on 8.5 acres that are currently zoned R-l. The applicant is asking that the land be rezoned to R-4 to accommodate the new subdivision. Mr. Cross discussed the staff report with the Commission. o Commissioner King wondered if this will affect the water table of the development. Mr. Cross stated there is a drainage pond in the back of some of the homes which will divide the part of the backyards from the homes. He stated there will be required low maintenance landscaping on those areas. Commissioner King wondered if this could affect the surrounding properties. Mr. Cross stated it cannot affect or alter surrounding properties. Motion by King, seconded by Holthus, to open the public hearing at 8:00 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Mr. Craig Murphy, 2030 I58th Avenue NW, stated he owns the lot next door and was not given a notice of this particular site. He stated he was concerned because maybe other residents have not received notification of this either and the number of homes in this development is a big impact to the area He was concerned about the traffic patterns on Nightingale, concerns about the integrity of the neighborhood. He was not sure what was being proposed. He thought this needed further review and that the neighbors needed to know what was going on. Mr. Murphy stated he was concerned with the R-4 Zoning. He wondered if this would allow multiple homes to be built. Chairperson Daninger stated R-4 is single family housing in Andover. Mr. Murphy stated he was concerned with all three of these developments and the impact it would have on the area o Regular Andover Planning and Zoning Commission Meeting Minutes - January 10, 2006 Page 7 o Motion by Casey, seconded by Holthus, to close the public hearing at 8:03 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Commissioner Kirchoff wondered if there was a sketch plan on this. Staff indicated there was. Motion by Kirchoff, seconded by Walton, 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 6-ayes, O-nays, O-absent (Greenwald) vote. Mr. Cross stated that this item would be before the Council at the January 17, 2006 City Council meeting. PUBLIC HEARING: PRELIMINARY PLAT OF SHAW'S GLEN, AN URBAN RESIDENTIAL DEVELOPMENT LOCATED SOUTHEAST OF THE INTERSECTION OF NIGHTINGALE STREET NW AND 157TH LANE NW. Mr. Cross explained the Planning Commission is asked to review a preliminary plat for Shaw's Glen. The proposed II-lot urban residential project is located north of Grey Oaks on I57tb Lane NW. o Mr. Cross discussed the staff report with the Commission. Motion by King, seconded by Holthus, to open the public hearing at 8:00 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. The public hearing for this item was opened with the item before it. Motion by Casey, seconded by Holthus, to close the public hearing at 8:03 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Chairperson Daninger wondered how long the property owner wanted to remain in the home. Ms. Megan Wald, Shade Tree Communities, stated they did not have any indication from the homeowner how long they planned on staying. Chairperson Daninger wondered if the homeowner knew the driveway was recommended to be moved. Ms. Wald did not know but they would make sure the homeowner would know and they would follow up on this. Mr. Bednarz stated they will be addressing the cul-de-sac issue with one of the other developments but not this one because the streets loop around to the cul-de-sac. o Regular Andover Planning and Zoning Commission Meeting Minutes - January 10, 2006 Page 8 o Commissioner Walton wondered how children and residents would get to the school and other areas in the City. Mr. Bednarz stated specifically for 157th they will be including a sidewalk. Commissioner Walton wondered if they should look at a dissecting trail that connects to the heart of the development which would get people out of the traffic of Nightingale. Commissioner Walton explained how he thought Shaw's Glen could be split up to allow trails through the development. Mr. Bednarz showed on the map where the sidewalk and trails will go within the developments. Commissioner Kirchoff stated the three developments will be paying into intersection improvements at 157th and Nightingale. Mr. Cross indicated that was correct. Motion by Kirchoff, seconded by King, to recommend to the City Council approval of the Preliminary Plat of Shaw's Glen subject to the conditions of the attached resolution. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Mr. Cross stated that this item would be before the Council at the January 17,2006 City Council meeting. o PUBLIC HEARING: REZONING (05-09) TO CHANGE THE ZONING FROM SINGLE FAMILY RURAL RESIDENTIAL (R-1) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF NIGHTINGALE STREET NW AND 157TH LANE NW Mr. Bednarz stated the Planning Commission is asked to review the proposed rezoning to allow the Cardinal Ridge plat to move forward. Mr. Bednarz discussed the staff report with the Commission. The Commission concurred that times and conditions have changed such to warrant rezoning of the property. Motion by Kirchoff, seconded by Casey, to open the public hearing at 8:35 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Motion by Kirchoff, seconded by Casey, to close the public hearing at 8:52 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. o Motion by Holthus, seconded by Walton, 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 6-ayes, O-nays, O-absent (Greenwald) vote. o Regular Andover Planning and Zoning Commission Meeting Minutes - January 10, 2006 Page 9 PUBLIC HEARING: PRELIMINARY PLAT OF CARDINAL RIDGE, AN URBAN RESIDENTIAL DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF NIGHTINGALE STREET NW AND 157TH LANE NW. Mr. Bednarz explained the Planning Commission is asked to review a preliminary plat for Cardinal Ridge. The Commission and Council previously reviewed a sketch plan for the proposed project. It is important to note that this project will be coordinated with the Shaws Glen and Woodland Crossings plats as they will all share access to l5ih Lane NW. Mr. Bednarz discussed the staff report with the Commission. Commissioner Holthus wondered if they eliminated the curve on Linnet Street, what would the barriers be to extend Linnet Street. She thought they would have to take some land. Mr. Bednarz stated the City has a road easement where the road could be connected. The Council elected to not make that connection and to bring a second access out to Nightingale. He stated in order to preserve this and to have a proper intersection, they would need to bring it out at a ninety degree angle. Chairperson Daninger stated with a curve in the street, an intersection is undesirable in that location. o Commissioner King stated by preserving the right in the future, would this affect another development. Commissioner Walton wondered if there will be turn lanes off of Nightingale into the development. Mr. Bednarz stated there would be. Motion by Kirchoff, seconded by Casey, to open the public hearing at 8:35 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. The public hearing for this item was opened with the previous item. Ms. Chris Hoberg stated the speed limit on Nightingale is 55 mph and she wondered with the developments coming in, would the speed be lowered. Mr. Bednarz explained a speed study would need to be done to evaluate the road in order to change the speed limit. Ms. Chris Hoberg stated she was concerned with the speeds on Nightingale. She also wondered if there was going to be a way to protect the residents of Grey Oaks so the traffic does not cut through that development. Mr. Bednarz indicated there is a lot of wetland in the area and he did not think that was going to be an issue. He showed a map of the area explaining where the wetlands are located. o o Regular Andover Planning and Zoning Commission Meeting Minutes-January 10,2006 Page 10 Mr. Craig Murphy, 2030 158th Avenue, wondered if the surrounding area will be assessed for road improvements. Mr. Bednarz stated if the area is proposed to be a road improvement:, all of the area including the surrounding area will be assessed for the improvements. Mr. Murphy wondered what the covenants and restrictions will be on the homes. He also wondered how the sewer system will affect the residents already there with septic and well. Mr. Bednarz stated it would not affect them. Mr. Jerry Putnam, 1869 157th Lane NW, stated he owned property east of the plat. He wondered how the improvements will affect them. He indicated he was also in favor of sidewalks in the development. Mr. Bednarz stated the easement that exists for Linnet Street straddles the property line. The majority of the road will be developed on the center of the easement. Mr. Tony Howard, 2119 156th Avenue, wondered when they reconstruct Nightingale, will it be widened to accommodate turn lanes. He stated the concern is the big expansive pond to the west side. He wondered if the pond drops off quickly and what the plantings will be. He was concerned with where the trail would go and the safety factor. He wondered if they would be at the edge of the easement and if the trail will be really close to Nightingale. o Mr. Howard thought the speed limit on Nightingale should be lowered. He stated being on the west side of Nightingale there is a safety concern for their children to cross Nightingale. He thought a trail should be constructed sooner than later. Mr. Scott Allen, 15873 Lynnette Street:, requested on behalf of his neighbors to not connect Lynnette Street to Cardinal Ridge. He stated they will already be losing a lot of trees and if Lynnette were to connect to Cardinal Ridge, they would lose a lot more trees. Mr. Winslow Holasek stated as he understood it:, there will be turn lane improvements on Nightingale at 157th and 158th. Mr. Bednarz stated there will be turn lanes for 1 57th but 158th will likely need to be a right-in, right-out. Mr. Holasek stated if there are not going to be any improvements to the intersection of 156th, it is fairly close to 157th and if in the future they need turn lanes onto 156th, he did not know if they could install them because of the close proximity. Mr. Bednarz stated they will review all of the intersections when Nightingale is reconstructed. Chairperson Daninger stated he was concerned with the trail and he wanted to make sure the trees are placed correctly. Mr. Bednarz stated Nightingale used to be a County road and has a lot more easement than a City Street. They have already been looking at how all of this will fit into the plans. o Regular Andover Planning and Zoning Commission Meeting Minutes - January 10, 2006 Page 11 o Chairperson Daninger stated in a PUD they can make sure the standard is followed and since this is not a PUD, how can they make sure screening is done. Mr. Bednarz stated they have City standards for screening of double frontage lots that the development has to meet. Commissioner Walton stated regarding the curve, is there any negative side affect to making that a right angle even if a connection is not done instead of a curve. Mr. Bednarz stated it would affect the location of the right-of-way. He did not know if there was a negative from the City's standard. Charlie Christopherson, a representative for the developer, stated the homes will be typical to what is built in Woodland Estates and will be in excess of $300,000 and will fit in. He stated there is no negative affect to the developer to make the curve a right angle. He thought if a future road were to go in, they should make it a right angle instead of a curve now. He stated there is a right-of-way on Nightingale that is 120 feet so they have plenty of room for everything to go in. The Commission was comfortable with the pond and screening. Chairperson Daninger wondered if they should preserve the right-of-way for a future connection on Linnet Street. The Commission thought they should preserve it. o Chairperson Daninger wondered if they should eliminate the curve in the road and make it a right angle. Mr. Bednarz stated this does come with Council direction and that is why they have the design shown. Commissioner Walton stated he preferred the right angle to preserve the future connection of this road because he did not want to see what they now have on Crosstown and Nightingale. Commissioner Kirchoff thought they should allow the curve but did not have a strong opinion either way. Mr. Bednarz stated that this item would be before the Council at the January 17,2006 City Council meeting. Motion by Kirchoff, seconded by Casey, to close the public hearing at 8:52 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Motion by Kirchoff, seconded by King, to recommend to the City Council approval of the proposed plat subject to the conditions of the attached resolution. o Commissioner Walton stated he would like to see the curve changed to a right angle to preserve the connection in the future along with maintaining lots 1 and 2. Commissioner Holthus concurred. Commissioner Casey indicated he would also vote against this. o Regular Andover Planning and Zoning Commission Meeting Minutes - January 10, 2006 Page 12 Motion carried on a 3-ayes, 3-nays (Casey, Holthus, Walton), I-absent (Greenwald) vote. 00flOlJ f'kIL(:D L~.lJi::>~I-Z.'f-()(.,) Chairperson Daninger stated he would prefer indicating a road would not go through and a curve was fine with him. Commissioner Walton stated they do not know what the future is going to hold so they do not know if in the future a road will go through or not. He stated in the future the land may be sold for development and the road will probably go through. Chairperson Daninger did not think the area will be zoned R-4 in the future. Mr. Bednarz stated the minutes will reflect the Commisioner's position on Linnet Street and did not think a subsequent 4-2 vote would carry any more weight. Commissioner Walton was comfortable with ,the motion as is going to the Council and they agreed on everything except the curve in the road. Mr. Bednarz stated that this item would be before the Council at the January 17,2006 City Council meeting. PUBLIC HEARING: REZONING (05-08) TO CHANGE THE ZONING FROM SINGLE FAMILY RURAL RESIDENTIAL (R-l) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPERTY LOCATED AT 1781157TH LANE NW. o Mr. Bednarz explained the Planning Commission is asked to review the proposed rezoning to allow the Woodland Crossings plat to move forward. Mr. Bednarz discussed the staffreport with the Commission. The Commission concurred that times and conditions have changed such to warrant rezoning of the property. Motion by Kirchoff, seconded by Casey, to open the public hearing at 9:35 p.m. Motion carried on a 6-ayes, a-nays, I-absent (Greenwald) vote. Motion by Kirchoff, seconded by Casey, to close the public hearing at 9:42 p.m. Motion carried on a 6-ayes, a-nays, I-absent (Greenwald) vote. PUBLIC HEARING: PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT REVIEW OF WOODLAND CROSSINGS, AN URBAN RESIDENTIAL DEVELOPMENT LOCATED AT 1781157TH LANE NW. o Mr. Bednarz stated the Planning Commission is asked to review a Preliminary Plat with Planned Unit Development (p.U.D.) review for Woodland Crossings. The Commission and Council previously reviewed a sketch plan for the proposed project. It is important to Regular Andover Planning and Zoning Commission Meeting Minutes - January 10, 2006 Page 13 o note that this project will be coordinated with the Shaws Glen and Cardinal Ridge plats as they will all share access to 1 57th Lane NW. Mr. Bednarz discussed the staff report with the Commission. Motion by Casey, seconded by Kirchoff, to open the public hearing at 9:34 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Chairperson Daninger stated in the landscape plan. they list shrubbery. How do they know that actually gets put in and what does not. Mr. Bednarz stated as part of the development contract, the City will hold dollars to make sure that it all gets done and then the City will inspect the development to make sure the correct plantings are put in. He stated they check species and size. Chairperson Daninger stated with a PUD, they usually see colors and what will be built. He stated they did not see much in the staff report and he wondered if staff was satisfied. Mr. Bednarz indicated the product would be similar to the Townhomes of Woodland Creek except that the units would not be attached. The applicant could provide additional detail if necessary. o Chairperson Daninger asked what are the advantages and disadvantages to the lot on Hanson Boulevard. Mr. Bednarz stated from the staff's perspective they have a letter from the County indicating they will not grant access so that is why staff is recommending the lot not be created. Chairperson Daninger stated the property that is not developing will not have a street going through it in the short term so it will be stubbed to sewer. He wanted to make sure this plat is not affecting that property or landlocking it. Mr. Bednarz stated the properties surrounding this property do affect it but the improvements will be designed so that they may be utilized by these properties in the future. Commissioner King wondered if the two properties that are not developing be assessed for all the improvements in the area Mr. Bednarz stated there will be a public hearing and the Council will decide or not whether to go ahead with the project and then the costs will be determined and the affected homes will be assessed either now or in the future. Motion by Casey, seconded by Kirchoff, to open the public hearing at 9:34 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Mr. Winslow Holasek stated it was mentioned they wanted to put a trail from the cul-de- sac to Hanson. He wondered if the trail would be interior or regional. Mr. Bednarz stated this is a local trail. o c Regular Andover Planning and Zoning Commission Meeting Minutes - January 10, 2006 Page 14 Mr. Holasek wondered if there were any other connections to the north or south from 1 57th from this development. Mr. Bednarz stated there are not. Mr. Holasek stated there is only one way in and out of this development and he thought there should be another way in and out. Mr. Bednarz stated there are two ways to access every other part of the development and there are two ways in every other parts of the development except the one discussed in the staff report. Mr. Jerry Putnam, 1869 157th Lane NW, wondered how he could get a copy of the plans because he is in the middle of the developments. He stated a concern he has with this development is the fairly steep grade running north and south. The lowest parcels of land occur on the property line between his property and the development and he wondered how this would impact his property. He hoped the drainage will be discussed. Chairperson Daninger stated drainage cannot affect the surrounding properties. Mr. Bednarz stated final design of the street has not been done yet. Motion by Casey, seconded by Holthus, to close the public hearing at 9:42 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Motion by Chairperson Daninger, seconded by Commissioner Casey to recess at 9:45 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. o The Commission reconvened at 9:50 p.m. Mr. Byron W estlund, Woodland Development, stated in regards to the staff comment, there are three issues. They have had some comment with Anoka County and are concerned with running the trail. They are willing to stub this in. He stated the 10.99 acres is not an outlot and they plan on using it for wetland mitigation and fill in for the Rural Reserve. He stated the County will allow a temporary access for mining purposes. Upon completion they would work with the City to extend the trail to Hanson Boulevard and deeding whatever property is left to the DNR so they would like to maintain this as a lot and block. Mr. Westlund stated they would like to have this development as a PUD because they believed it has met all of the criteria. He stated they have reviewed the drainage and it has been addressed specifically. Chairperson Daniriger indicated he did not have a problem with the developer keeping it as a lot but there would not be any access. Commissioner Walton thought they should leave the property as a lot for the developer to use for the Rural Reserve. o Commissioner Walton wondered if they were willing to develop a park ahead of time. Mr. Westlund indicated they would be willing to develop a park and they asked the other developments if they would like to participate but they would like to have a park go in as part of the development. Regular Andover Planning and Zoning Commission Meeting Minutes - January 10, 2006 Page 15 o Commissioner Kirchoff wondered if there was a way for the trail to get developed earlier than at the time the Rural Reserve is finished, even a temporary trail. Mr. Westlund stated that he would be willing to construct the trail with the development if the City extended its trail along Hanson Boulevard up to meet it at the same time. Chairperson Daninger stated he was also concerned with the Public Works concerns about the smaller roads. Mr. Westlund stated the issue they have is the wetlands and the number of wetlands under the DNR's jurisdiction. They are at the max that they can possibly do to meet the 28 foot width as discussed. They think it will work and has been done elsewhere in the City without any problems. Commissioner Kirchoff wondered if the radius of the cul-de-sac's large enough to get full equipment in there. Mr. Westlund indicated they are designed as full cul-de-sacs. Commissioner Holthus wondered what happens to the lot that is to be mined after they are finished with it. Mr. Westlund explained the process they go through with wetland mitigation and the DNR Commissioner Walton stated his one concern about the development is the host of bottlenecks and no relief for it. o Chairperson Daninger inquired about the proposed trees to be placed in the park by the Park Commission. Mr. Bednarz indicated this would be added to the resolution. Mr. Westlund stated instead of wasting existing trees, they would move them to provide screening between the parkland and the development and also along the parkway. Chairperson Daninger stated the trail is being looked at by the applicant and the City and if it works, they are ok with it. Mr. Westlund indicated that was correct. Commissioner Walton stated given the previous history and design the developer has brought forward he did not have a problem with the PUD. The Commission agreed. Motion by King, seconded by Walton, to recommend to the City Council approval of the rezoning based on the fact that times and conditions have changed. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the January 17, 2006 City Council meeting. The public hearing was opened for this item along with the previous item. o Motion by Casey, seconded by Holthus, to close the public hearing at 9:42 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. o Regular Andover Planning and Zoning Commission Meeting Minutes - January 10, 2006 Page 16 Motion by Kirchoff, seconded by Casey, to recommend to the City Council approval of the preliminary plat POO for Woodland Crossings as discussed including extending the regional trail at the same time the developer will install the trail and also include the trees from the conceptual park layout and that the 10.99 acre lot will be included as a lot, block in the development. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the January 17, 2006 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Walton, seconded by Casey, to adjourn the meeting at 10:18 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. o Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. o