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HomeMy WebLinkAboutJanuary 26, 1999 (J /- "- \.~) /-, V o o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - JANUARY 26,1999 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on January 26, 1999, 7:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Dean Danniger, Douglas Falk, Bev Jovanovich, and Jason Osberg Jeff Luedtke. City Planning, Jeff Johnson Community Development Director, Dave Carlberg Assistant City Engineer, Todd Haas Others Commissioners absent: Also present: APPROVAL OF MINUTES January 12.1999 Mr. Carlberg requested the following correction: Page 2, second paragraph, to change the wording "multiples without a rezoning" to "multiples with a rezoning." Motion by Jovanovich, seconded by Osberg, the Minutes be approved as corrected. Motion carried unanimously. PUBLIC HEARINGS CONTINUED: COMPREHENSIVE PLAN AMENDMENT (CPA 98- 05) - RR, RURAL RESIDENTIAL TO Rrr, RESIDENTIAL URBAN AND RM, RESIDENTIAL MEDIUM DENSITY - SECTION 22 (FOX HOLLOW) - GOR-EM, LLC. Mr. Carlberg stated the Commission is requested to review the following amendments to the Andover Comprehensive Land Use Plan by Gor-em, LLC (pIN 22-32-24-11-0001,-12-0001): 1. Redesignate approximately 9.2 acres from RR, Residential Rural to RU, Residential Urban Single Family. 2. Redesignate approximately 10.8 acres from RR, Residential Rural to RM, Residential Medium Density. Commissioner Apel asked if the property directly to the north is zoned RM, Residential Medium Density. Mr. Carlberg answered that the land use designation is RM, but the zoning is M-2, Multiple Family. \ \~) Regular Andover Planning and Zoning Commission Meeting Minutes - January 26, 1999 Page 2 u " j Mr. Carlberg advised the proposed 20 acre area is located in the north half of Section 22 and is part of the proposed 42.7 acre Fox Hollow preliminary plat consisting of80 single family homes and 37 detached townhomes. They will also be requesting a rezoning to R-4, Single Family Urban and M-I, Multiple Dwelling for the eastern portion. He reviewed State Statute provision, Chapter 473.858 and explained it would be in error to consider a rezoning unless the Comprehensive Plan is in compliance with the same. Mr. Carlberg reviewed the zoning and current use of surrounding properties. He noted the Comprehensive Plan, Chapter V, Section E.4 which outlines policies related to housing and residential land use. He advised that applicable policies include the indication the City will encourage the development ofa variety of housing types, residential neighborhoods shall be protected from encroachment or intrusion of incompatible uses by buffering and adequate separation, and medium density development shall be encouraged on a planned unit basis and shall specifically include provision for traffic circulation that would mitigate any adverse affects on existing single family re3idential developments. Mr. Carlberg stated often times, the land use plan and rezoning map are confused and thought to be the same. He advised that the entire area is located within the 2020 MUSA and scheduled for development in 1999. Mr. Carlberg advised of the Commission's options for approval, denial, or to table pending F" further information from the applicant or Staff. He advised Staff recommends approval cfthe , ) Comprehensive Plan Amendment, subject to Metropolitan Council review. It was noted that the public hearing was opened at the previous meeting; howewr, no testimony was given. Motion by Luedtke, seconded by Jovanovich, to open the continued public hearing at 7: 13 p.m. Motion carried unanimously. Commissioner ApeLstated a lot of this has heen talked ahout previously and the [(let that this is compatible with the northern area and would be a good use in the land. He noted that prior to 1995 the City would probably have been able to consider the rezoning directly but, since the change in State law, the City is now required to first amend their Comprehensive Plan. Commissioner Apel stated his support for approval. There was no public input. Motion by Apel, seconded by Jovanovich, to close the public hearing at 7:15 p.m. Motion carried unanimously. \ \..~) Motion by Apel, seconded by Osberg, to recommend to the City Council approval of an amendment to the Comprehensive Plan to change the land use district designation from RR, Residential Rural to RU, Residential Urban (-9.2 acres) and RM, Residential Medium Density / ) U Regular Andover Planning\nd Zoning Commission Meeting Minutes - January 26. 1999 Page 3 , '- ) (-10.8 acres) of the proposed Fox Hollow preliminary plat located in the north half of Section 22 legally described on the proposed resolution. Motion carried unanimously. PUBLIC HEARINGS CONTINUED: REZONING (REZ 98-07) - R-I, SINGLE F AMIL Y RURAL TO R-4, SINGLE FAMILY URBAN AND M-I, MULTIPLE FAMILY - SECTION 22 (FOX HOLLOW) - GOR-EM, LLC Mr. Carlberg stated the Commission is requested to approve the following rezoning request of Gor-em, LLC on property located in the north half of Section 22 (pIN 22-32-24-11-0001,-12- 0001): 1. Rezone approximately 39.2 acres from R-l Single Family Rural to R-4, Single Family Urban. 2. Rezone approximately 10.8 acres from R-l, Single Family Rural to M-l, Multiple Dwelling, Low Density. Mr. Carlberg explained the rezoning is submitted in conjunction with the Fox Hollow preliminary plat consisting of 80 single family homes and 37 detached to\\-nhome units and a Comprehensive Plan anlendment from RR, Residential Rural to RU, Residential Urban Single Family and RM, Residential Medium. , , , '-_/ Mr. Carlberg advised of applicable ordinances and zoning and land use of adjacent property. He stated the entire area is located within the 2020 l\1USA and is scheduled for development in 1999. Mr. Carlberg reviewed the Commission's options to approve, deny, or table the item pending further information from the applicant or Staff. Staff recommends approval of the rezoning request. Mr. Carlberg noted the ordinance amendment which will be presented for Council consideration at their next meeting. It W;1S notf:d that the public hearing was opened at the previous meeting. There was no public input. Motion by Apel, seconded by Osberg, to close the continued public hearing at 7:23 p.m. Motion carried unanimously. Commissioner Apel stated he takes the same position on the rezoning as he did on the Comprehensive Plan amendment in that it has been fairly well deliberated in the past. Motion by Osberg, seconded by Falk, to recommend to the City Council approval of the rezoning request of Gor-em, LLC to rezone approximately 39.2 acres from R-l, Single Family Rural to R-4, Single Family Urban and 10.8 acres from R-l, Single Family Rural to M-l, \ Multiple Dwelling, Low Density for property located in the north half of Section 22 legally " } u U Regular Andover Planning and Zoning Commission lvfeeting Minutes - January 26. 1999 Page 4 '. " j described on the proposed resolution. Motion carried unanimously. Mr. Carlberg advised this request will be considered by the City Council on February 16, 1999. PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-01) - PLANNED UNIT DEVELOPMENT - FOX HOLLOW - SECTION 22 - GOR-EM, LLe. Mr. Carlberg stated the Commission is requested to review the Special Use Permit request of Gor-em, LLC for a Planned Unit Development (PUD) to develop a mixed use residential development consisting of80 single family residential lots and 37 detached single family townhomes (cottagehomes) to be known as "Fox Hollow." Mr. Carlberg advised the property to be developed as the plat of the PUD of Fox Hollow is located north and west of the Oak Vie\\! Middle School between Hanson Boulevard N\V and Nightingale Street NW in Section 22, Tovmship 32, Range 24. The property is currently zoned R-I, Single Family Rural. A rezoning of the property to R-4, Single Family Urban and M-2, Multiple Dwelling is being requested in conjunction with this request. He advised of the backgrcund of this particular request, applicable ordinances, and the Commission's options to approve, deny, or table pending further information from the applicant or Staff. \ J Commissioner Ape! asked if the density was increased in the four areas of the PUD. Mr. Carlberg stated there is not a density increase with this project and the PUD concept is more related to the association, open space, and the cottagehome area. Diane Thorsen Merz, Kingman Building Company, advised of the types of homes they build and buyers that tend to purchase them. She stated they have been building townhomes since 1984, just completed a 62-unit development in Elk River, and are now working in the City of St. Michael. All of the homes are association managed, always owner-occupied and never rentals, have a maintenance-free exteriors, are professionally landscaped and maintained on the exterior portions. The developments have a harmonious exterior and the buyers they tend to attract are empty nesters, or 55 years and older. This is due to the lots not being very large which is not as attractive to families with children. Ms. Thorsen Merz stated a lot of the buyers are moving from homes they have lived in for many years, pay cash or put a substantial amount of money down on the home, and want the townhome lifestyle where they do not need to be responsible for exterior upkeep but want it well maintained. She stated the buyers are usually from the community or their friends and children live in the community so they don't want to leave the area. She referred to Page 8 oftheir brochure which indicates a study showing that within the next ten years, the empty nester population will grow by ten percent so more people will be looking for this type of housing. \ , / Ms. Thorsen Merz presented a picture of a twinhome located in Elk River. She advised the u U Regular Andover Planning and Zoning Commission Afeeting Minutes - January 26. 1999 Page 5 , \., ; twinhome units are not in as much demand as the townhome units which are preferred since the units are separated. She then reviewed a picture of the interior of the home and noted the options for skylights, fIreplaces, and other upgrades. Ms. Thorsen Merz then reviewed Page 6 of their brochure related to the townhome owner's association, monthly fees (approximately $100), and the services covered by those fees. She advised of exterior restrictions to assure the development is kept looking nice. Also, pets are not allowed to be kenneled or fenced-in outdoors. Commissioner Falk asked if the association has a board of directors and maintenance Staff. Ms. Thorsen Merz stated the owners will all be members of the association and have voting rights. They will meet annually, elect a board of directors (three to six members), with one being a grounds person to supervise the exteriors. She explained that some associations decide to self- manage but she predicted a project of this size will be professionally managed. Mr. Carlberg stated the PUDordinance does provide for the creation of the association and those documents will be required to be submitted to the City for approval by the City Attorney to assure the project is done the way it should be done. '--) Commissioner Danniger stated some associations are slow to respond to exterior maintenance issues but he assumes the by laws will prevent this from happening and assure those issues are addressed in a timely manner. Ms. Thorsen Merz stated she will have to research the by laws and review the language regarding that concern. She noted that during the summer months the owners reside in the units and are usually adamant about quick cleanup of storm debris or other exterior issues. IIJotion by Apel, seconded by Jovanovich, to open the public hearing at 7:37 p.m. Motion carried unanimously. Commissioner Apel stated this aspect has not beer. previously discussed. Mr. Carlberg stated it was discussed at the previous meeting but tabled S0 the publichea!'ing notice could be corrected and the PUD option followed. Commissioner Jovanovich asked if this is the fIrst project of this type in the City of Andover. Mr. Carlberg stated this is the fIrst time Andover has considered a project of this kind but Shadowbrook is a similar project with larger units. He stated this is a unique project since the units are cottage-type and detached. There was no public input. Motion by Falk, seconded by Jovanovich, to close the public hearing at 7:40 p.m. Motion carried unanimously. , I '--j Commissioner Jovanovich stated she supports the detached aspect which is more individualistic. ~. ) ~) Regular Andover Planning and Zoning Commission Meeting Minutes - January 26. 1999 Page 6 '- ) Motion by Jovanovich, seconded by Apel, to recommend to the City Council approval of the Special Use Permit requested by Gor-em, LLC for a Planned Unit Development to develop a mixed use residential development consisting of80 single family lots and 37 single family detached townhomes (cottagehomes) to be known as "Fox Hollow" on the property legally described on the proposed resolution. Commissioner Osberg noted the letter from the Hennepin School District related to trails and asked if that has been resolved. Mr. Carlberg stated it is included for the Commission's information and will be reviewed during the next agenda item. Motion carried unanimously. Chairperson Squires advised this item will be considered by the City Council at th,~ir meeting on February 16, 1999. PUBLIC HEARING CONTINUED: PRELIMINARY PLA T - FOX HOLLOW - SECTION 22 - GOR-EM, LLC / Mr. Carlberg stated the Commission is requested to review and approve the preliminary plat for the planned unit development of "Fox Hollow" located in Section 22, Township 32, Range 24, Anoka County, Minnesota as requested by Gor-em, LLC. He noted the development standards as contained in the PUD approval. Mr. Carlberg noted this item was tabled at the January 12, 1999 Planning and Zoning Commission meeting to allow for readvertisement of the hearing notice for the Comprehensive Plan amendment and to allow the developer to make application for a special use permit for a planned unit development. Mr. Carlberg reviewed the general comments contained in his Staff report and comments by the Andover Review COffi!nittee on the requested variance. He advised the request includes the following variance requests: A. Variance from Ordinance 10, Section 9.06Al for Lot 18, Block 7 as the lot will not meet the 100' buildability requirements as specified in this Section. A 20' variance is being requested. B. A variance to Ordinance No.1 0, Section 9.05A for Block 2, 5, 6, and 7 as the length of these blocks exceed the maximum 660' requirement and 10' pedestrian ways are not proposed to be provided as required by this Section. Variances of740 feet, 1,390 feet and 835 feet are being requested respectively. A trail to the school is still being discussed for Block 2 and if acceptable a variance would not be needed for this block. C. A variance to Ordinance No. 10, Section 9.02C to allow Lot 10, Block 3 to access Nightingale Street NW as Nightingale is a designated Municipal State Aid street. D. A variance to Ordinance No. 10, Section 9.06F for Lots 1-5, Block 5 and Lot 8, Block 1, to allow double frontage lots. , I o (j Regular Andover Planning and Zoning Commission Meeting Minutes - January 26. 1999 Page 7 " ) E. A variance to Ordinance No.8, Section 6.02 for Lots 1-14, Block 6, Lots 1-18, Block 7 and Lots 1-5, Block 8 (5' variances) to the minimum front yard setback requirement 0[30'. A 25' setback is proposed. F. There will be other variances to Ordinance No.8, Section 6.02 related to setback, lot sizes, etc. for the detached townhomes with the proposed lot box design and configuration utilizing the concept of common open space controlled by an association. Mr. Carlberg noted that the existing home will continue to access Nightingale Street. He noted the variances that were granted with the PUD approval. Mr. Carlberg read the other comments by the Andover Review Committee relating to grading, sidewalks/tails, timing of the extension of trunk watermain and sewer service to the property which will be served from a trunk from west of the Oak View Middle School. He advised there will be a need for a lift station to accommodate the sanitary sewer. Commissioner Apel asked if there was consideration to a different route and using the Nightingale and Crosstown trunk to provide service. W..r. Carlberg stated it was considered by the Task Force but that particular trunk would not be feasible to extend due to the expense. _Mr. Carlberg stated the watermain will be extended with the sanitary sewer and a well house will be needed either on this property or in the Grey Oaks project. '- I Mr. Carlberg noted the need for some minor housekeeping changes on the plat which Staff has discussed with the applicant. Mr. Haas stated the Park and Recreation Commission reviewed the preliminary plat at their January 7, 1999 meeting and recommend a combination ofland (trails) and ca~h. He noted the City has a Comprehensive Plan which identifies the location of trails to be built. Mr. Haas stated there is interest in constructing a trail in Grey Oaks to pick up foot and bicycle traffic wanting to get to the office and/or retail complex. He advised the Commission recommends 10 foot trails alon!! both sides of Hanson Boulevard NW and Ni!!htin!!ale Street NW and the cost would be a ~ ~ ~ 50-50 split between the City and the developer. Also, the following street sections would be proposed to be widened to 35 feet to accommodate a bike lane on both sides of the street: 154th Lane NW between Nightingale Street NW and Martin Street NW; Martin Street NW between 154th Lane NW and 155th Avenue NW; and 155th Avenue NW between Martin Street NW and Hummingbird Street NW. The additional street width from a 33 foot to a 35 foot width for these sections would be a 50-50 cost split between the City and the developer. The Commission also recommends Block 2, between Lots 6 and 7, have a 20 foot wide park access which will facilitate access to the Oak View Middle School. Mr. Haas stated the remainder dedication will be cash in lieu of land. '. '- j Commissioner Falk asked if the pathway at the southeast comer will remain. Mr. Haas stated it will be removed and relocated between Lots 6 and 7, Block 2, to provide access to the school. u () Regular Andover Planning and Zoning Commission Meeting Minutes - January 26, 1999 Page 8 i Mr. Carlberg clarified that trail does not exist at this time. Also, the variance on the block length would not be needed with the 20 foot pedestrianway so that variance will be removed from the recommendation. Commissioner Osberg inquired about extending the trail south from the northern boundary. Mr. Haas advised the School District property has a fence along that area as well as a pond so the School District felt that was not a good location to consider, and Staff agreed. Chairperson Squires asked if anyone wanted to speak. No one responded. Motion by Osberg, seconded by Apel, to close the continued public hearing at 7:58 p.m. Motion carried unanimously. Commissioner Apel stated he finds the proposed plat to be satisfactory. Mr. Carlberg suggested a condition be added related to a geotechnical engineer and developer submitting a report on the project which will be reviewed by a City geotechnical consultant, at the expense of the developer. He also recommended the Commission eliminate reference to the variance since the pedestrian way would be provided. , ) Chairperson Squires asked if the indication regarding "the Park Commission as recommended" is sufficient. Mr. Haas answered affirmatively. ilfotion by Apel, seconded by Falk, to recommend to the City Council approval of the preliminary plat requested by Gor-em, LLC for "Fox Hollow" on the property legally described on the proposed resolution deleting Article 1 and adding Article 13 requiring a geotechnical analysis, which cost will be born by the developer, submitted and approved by the City geotechnic2.1 engineering consultant, a.'1dadding Article 14 indicating the pathway to the school will be moved from the southern boundary of the plat and relocated between Lots 6 and 7, Block 2. Motion carried unanimously. Chairperson Squires advised this item will be considered by the City Council at their meeting on February 16, 1999. ORDINANCE REVIEW - ORDINANCE NO. 250, TRANSIENT MERCHANT Mr. Johnson reviewed changes made by Staff related to gender neutral language. Commissioner Falk inquired regarding the City newspaper for getting public hearings out to the residents. Mr. Johnson stated the Anoka Union is used as the City's legal newspaper at this time. The Commission had no comment on this ordinance. ~_ ) ORDINANCE REVIEW - ORDINANCE NO. 251, UNNECESSARY ACCELERATION u U Regular Andover Planning and Zoning Commission Meeting Minutes - January 26, 1999 Page 9 ) Mr. Johnson stated the language remained the same with this ordinance. The Commission had no comment on this ordinance. ORDINANCE REVIEW - ORDINANCE NO. 252, STREET LIGHTS Mr. Johnson stated the changes to Section 8 related to the Engineering Department's responsibilities rather than the Public Works Director. Also, the Finance Director reviewed the fees charged and was satisfied that no change was needed. Chairperson Squires asked how street lighting is currently being funded. Mr. Carlberg stated the developer is required to install street lights in new developments and if installed in an existing neighborhood, assessments would be involved. The Commission had no comment on this ordinance. ORDINANCE REVIEW - ORDINANCE NO. 253, EXOTIC ANIMALS ( \ <.J Mr. Johnson stated Staff researched this ordinance and found it consistent with other communities. Following a brief discussion regarding ferrets as pets, the Commission indicated they had no comment on this ordinance. ORDINANCE REVIEW - ORDINA.NCE NO. 222A, CONTAGIOUS DISEASES Mr. Johnson stated Staff did not feel it was necessary to have a particular ordinance on contagious diseases since it is regulated by the County Health Department. He explained the building standards contained in this ordinance could be tied to an adult use ordinance. Chairperson Squires inquired regarding whether the terms are defined within Ordinance No. 222. Mr. Jol-~'1son a.."'lswered affirmatively. Commissioner Jovanovich noted the listing of who has the authority to enforce the ordinance and asked if the Mayor should be included. Mr. Johnson stated the City Administrator or designee is usually indicated in the ordinance language. Chairperson Squires supported not having elected officials involved in the enforcement aspect. Mr. Carlberg suggested the words "City Manager or his designee" be incorporated as it is contained in other ordinances. The Commission agreed with this revision and had no other comments on this ordinance. OTHER BUSINESS - \ \.- ) Mr. Carlberg updated the Commission on recent Council action on the Chesterton Commons plat u U Regular Andover Planning and Zoning Commission Meeting Minutes - January 26, 1999 Page 10 i which they reviewed and took action to approve the Comprehensive Plan amendment to change the land use designation. He referred to a map of the area and pointed out the location of this property. The Planning Commission had recommended denial of the Comprehensive Plan amendment and rezoning due to concerns with the location of the school and how quickly it was submitted after the residential area was developed. As a result, a number of final plats were also approved by the Council and are anticipated to be 1999 projects. Currently the developer has 30 days to address and resolve all conditions and file the plat with the County Recorder's Office. Mr. Carlberg advised the development agreement indicates the easements will be dedicated with the final plat and as long as everything gets recorded there will be an outlet to Ditch 37. Commissioner Falk inquired regarding how many acres are involved in those plats. Mr. Carlberg stated it encompasses 400 to 500 lots. Mr. Carlberg explained the City's policy that preliminary plats must be submitted by July 1st and approved by the City Council by December 31st for construction the following year. This policy was established to allow the City to plan for utility projects and eliminate the construction of streets late in the year. , / Commissioner Apel requested a copy of the report from the Building Department regarding the buildable lot inventOlY. Mr. Carlberg stated he will provide this information for Commission revIew. Mr. Carlberg advised of the number of homes built in each of the past several years. He predicted Andover will have about 800 buildable lots ccme on line and 350 to 400 homes constructed if the interest rates remain low. He stated he will provide the Commission with a GIS map which indicates land with an agricultural preserve certification and land where certification has been removed. Commissioner Falk asked how Hanson Boulevard will accommodate the additional traffic. Mr. Carlberg stated it is a County roadway with an arterial designation and the traffic study indicates it is able to handle the anticipated traffic level. He stated there may be a change in traffic control where stop signs could be replaced with signalization. Discussion ensued regarding upcoming County roadway improvements and commercial development which will occur in neighboring Coon Rapids. There was no other business to come before the Andover Planning and Zoning Commission. ADJOURNMENT ) Motion by Apel, seconded by Osberg, to adjourn. Motion carried unanimously. The meeting '- / /' \ / , \ I J u U Regular Andover Planning and Zoning Commission Meeting Minutes - January 26, 1999 Page 11 adjourned at 8:41 p.m. Respectfully submitted, Carla Wirth, Recording Secretary TimeSaver OjJSite Secretarial, Inc.