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HomeMy WebLinkAboutNovember 9, 1999 o o o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 'LANNING AND ZONING COMMISSION MEETING - NOVEMBER 9, 1999 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by ChaiIpersonJay Squires on November 9, 1999, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Larry Dalien, Dean- Daninger, Douglas Falk, Mark Hedin; Bev Jovanovich, and Jay Squires. None City Planner, John Hinzman Planning Intern, Megan Barnett Others Commissioners absent: Also present: APPROVAL OF MINUTES. October 6, 1999 o Motion by Apel, seconded by Daninger, the Minutes be approved as submitted. Motion carried on a 7-ayes, O-nays, O-absent vote. PUBLIC HEARING: REZONING (REZ 99-03) REZONE FROM R-I, SINGLE FAMILY RURAL TO R-4, SINGLE FAMILY URBAN - WOODLAND ESTATES ZVD ADDITION _ WOODLAND DEVELOPMENT - SECTION 22. City Planner, John Hinzman stated the Planning and Zoning Commission is asked to review the request of Woodland Development to rezone property fromR-I, Single Family Rural to R-4, Single Family Urban at 151xx Nightingale Street NW for Woodland Development. The proposed site is approximately 39 acres and is located in Section 22, north of Woodland Estates. The rezoning is submitted in conjunction with a preliminary plat for Woodland Estates 2nd Addition, consisting of 69 single-family detached homes and one special use lot. Mr. Hinzman reviewed the applicable ordinances and the criteria presented. He stated the surrounding .Iand to the south of the subject property is urban residential, and there are rural residential uses to the north, east, and west, with some agricultural uses to the west, as well. Mr. Hinzman stated the Comprehensive Plan designates this parcel for Urban Single Family ----, development, therefore, the rezoning would be in conformance with the Comprehensive Plan. V , .' / ~J u 0 Regular Andover Planning and Zoning Commission Meeting Minutes - November 9, 1999 Page 2 Mr. Hinzman stated there is a special circumstance of this proposal in that the southern 33-feet of the proposed plat and the rezoning area, is designated as an agricultural preserve. He explained this property is currently utilized for a farm access road, and no cultivation is occurring at this time, however, being under the agricultural preserve program limits development on the parcel, in terms of an increase in density. Mr. Hinzman stated the City Attorney has been consulted regarding the subdivision of the agricultural preserve property, and has indicated that subdivision can occur provided no houses are constructed upon this land, and the density does not increase on the southern 33 feet of the property. Mr. Hinzman stated the agricultural preserve designation operates as an overlay zone of the zoning district. He explained that changing the underlying zoning district from R-l to R-4 would have no effect upon the agricultural preserve status, an the agricultural preserve restrictions would still be valid. Mr. Hinzman indicated there is one special use lot on the property, approximately 9.3 acres in size, which is the site of a proposed church. He eXplained this matter would require a separate special use permit if it were to go forward in the future. r-' ,.J Mr. Hinzman stated the site is designated for sewer expansion within the development time frame of 2000 to 2005, and the trunk sanitary sewer and water lines abut the site to the south. He advised the proposal is consistent with the adjacent land uses. Mr. Hinzman provided the Commission with pictures of the proposed site, which indicated the general appearance of the property, and its appearance in relation to the Woodland Estates 1st Addition, located south of the proposed site. Commissioner Hedin asked why the western portion of the parcel appeared to have such an irregular boundary. Mr. Hinzman stated a portion of the land to the west of the site is within the agricultural preserve program, and it is anticipated there will be an addition in this location in the future, which will incorporate the area into the preliminary plat. He explained this area can not be developed into full urban lots at this point, therefore, it was decided to leave it out of the rezoning, however, it is included in the preliminary plat, and is anticipated for future development. , '\ o Commissioner Hedin inquired where the sewer and water lines would cross the agricultural preserve land. Mr. Hinzman stated the lines were located along Nightingale Street, at the southeastern comer of the plat. He eXplained the lines would cross the 33-foot section of the agricultural preserve, however, since the density would not increase, it would not invalidate the agricultural preserve process. () U Regular Andover Planning and Zoning Commission Meeting Minutes - November 9, 1999 Page 3 ~~ Commissioner Hedin inquired if this area was also the proposed location of a well house. Mr. Hinzman stated the well house would be located on the southwest comer of 150th Lane and Nightingale Street. Chair Squires inquired if the Metropolitan Council had been consulted with regard to the agricultural preserve. Mr. Hinzman stated staff had contacted the Metropolitan Council, which concurred with staff in that as long as the density ofthe property is not increased, it can be subdivided. Commissioner Dalien inquired if the County Tax Assessor had been consulted regarding whether or not they would have to create additional tax parcels to accommodate for continuing the agricultural preserve on the southern 33 feet of each of the subject lots. Mr. Hinzman stated he had spoken with the County Assessor, who indicated since the site is adjacent to Torrens property, the lots would be recorded as two separate parcels, combined. Commissioner Dalien pointed out that because the agricultural preserve would have to remain as such, there would still have to be some delineation as to where the agricultural preserve property is located on each one of the lots for tax purposes. .~ Commissioner Hedin inquired if the residents of the development would be made aware of the 33- foot section of property they could not utilize. Mr. Hinzman explained the 33-foot section of the property would be a separate lot of record, however, it would be tied to the other portion of the property, and could not be sold separately. Chair Squires inquired if the City has requested developers to record a covenant to this effect in the past. Mr. Hinzman stated this has occurred two or three times in the past, and the recorded covenant indicates that the properties can not be sold separately. Chair Squires pointed out this also serves to notify the residents that there may be some limitations upon their ability to utilize a portion of the property. Motion by Falk, seconded by Apel, to open the public hearing at 7:10 p.m. Motion carried on a 7- ayes, O-nays, O-absent vote. Emmett Frees, 15041 Swallow Street, inquired if there were any provisions or plans for a City park within this development. / " o Mr. Hinzman indicated that the Park Board provides recommendations on park locations, or accepting cash in lieu of land. He explained in this particular case, during the sketch plan stage, the Park Board recommended to accept cash, in lieu of land on this property. He advised the City Regular Andover PlanninfJd Zoning Commission Meeting 0 Minutes-November 9,1999 Page 4 " \ 'J Council makes the final determination on this matter, however, this was the Park Board's direction and recommendation on this property in the past. Byron Westlund, the developer, explained that the legal description of the lots within the agricultural preserve would indicate lots "I-A" and "1-B," which would be combined, with separate descriptions for each. He stated there were separate covenants and restrictions recorded with the plat, and one of the sections of the covenants and restrictions indicates this is an area of residential use only, and there can be no further subdivision of the parcels. Patty VanVickle, 15079 Thrush Street, stated the back area of her property is adjacent to the farm access road. She commented that when the developer was plotting the land, she was informed the area directly behind her property could not be developed, due to its low elevations. She inquired what was proposed to occur with the farm road. Mr. Hinzman stated the farm road was within the agricultural preserve designation, and at this point, there could be no intensive development within the southern 33 feet of that property. He explained that homes could not be developed in this area, and any development would have to be consistent with agricultural uses. He requested the developer further address this matter, as well as any drainage issues. ,- '\ .'-.) Mr. Westlund stated to his knowledge, there were no drainage issues with this proposal. He eXplained that the farm road would simply become someone's backyard. Mrs. VanVickle inquired at what distance to the north of her property would the proposed homes be constructed. Mr. Hinzman stated the area directly behind the Thrush Street cul-de-sac was a central ponding area. He explained there are some low spots on the property that would be incorporated into the backyards of the lots in that area. Mr. Westlund added that the pond would become a drainage basin. He indicated that a drainage pipe would be installed to collect the stormwater runoff from the streets, and this area will be utilized as a storage facility for the runoff. There was no further public input. Motion by Hedin, seconded by Jovanovich, to close the public hearing at 7:17 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Motion by Apel, seconded by Daninger, to recommend to the City Council approval of Ordinance No. 8_, an ordinance amending Ordinance No.8, Section 6.03, Zoning District Map of the City of Andover to allow for the rezoning of property from R-l, Single Family Rural to R-4, Single Family Urban at 151XX Nightingale Street NW for Woodland Development (PIN 22-32-24-31-0001, -32- :..) 0001,0002). Motion carried on a 7-ayes, O-nays, O-absent vote. Regular Andover PlanninIuAd Zoning Commission Meeting 0 Minutes - November 9, 1999 Page 5 " " '-) Mr. Hinzman stated this item would be considered at the December 7, 1999 City Council meeting. PUBLIC HEARING: PRELIMINARY PLAT - WOODLAND ESTATES f'D ADDITION _ 69 SINGLE FAMILY DETACHED HOMES, 1 SPECIAL USE LOT - WOODLAND DEVELOPMENT - SECTION 22. Mr, Hinzman stated this consideration was the Preliminary Plat section of the previous item. He indicated the plat encompasses slightly more land as well as the end of the rezoning area which previously encompassed a portion of the land designated for agricultural preserve, which is now being designated as an outlot. Mr. Hinzman stated the property consists of approximately 45 acres. He reviewed the comments provided by the Andover Review Committee, which indicated that the rezoning is necessary, and the developer is responsible to obtain all necessary permits. /-" ',--j Mr. Hinzman reiterated that an area of the plat is designated for a future church use. He stated no specific plans for the church have been submitted at this time, however, when the matter comes forward, it will be required to go through site plan approval, as well as the special use permit process. Chair Squires commented that typically subdivisions of this size are comprised of lots which do not meet standards, however, the only variance being requested was to allow for Outlot A, for the church. He inquired if all of the proposed lots meet the development standards. Mr. Hinzman stated this was correct. He explained there is a subsection in the Subdivision Ordinance that requires outlots be platted, therefore, this lot does not meet the standards. He explained that in this case, they were reserving this area for future development purposes because of the agricultural preserve to the west. Mr. Westlund stated the plat is approximately 45 acres in size, and is consistent with the City's Comprehensive Plan, and the City's land development guidelines. He reiterated the only variance requested was for the outlot, because of the agricultural preserve designation on the far west end of the plat. He explained the lots are similar in size to the existing Woodland Estates 2nd Addition development, and exceed the standards the City has established, in terms of lot width and size. Mr. Westlund stated Woodland Estates has worked diligently with staff in preparing this plat, which was submitted in January, and went through several reviews, prior to this point. He advised they have received a permit from the Coon Creek Watershed District, and have addressed all of the drainage issues. :.) Regular Andover Plannin[..lzd Zoning Commission Meeting 0 Minutes - November 9, 1999 Page 6 .' '') ,_/ Chair Squires stated the area to the west, beyond Outlot C, and the area on the proposed Sketch Plan further north was presently being farmed. He inquired if this area was comprised of peat, and if there was some potential for future development of this land in the future. Mr. Hinzman explained that an analysis of this land indicates it is comprised of peat in excess of 20 feet deep, therefore, the feasibility of excavating the site for future development is low at this point. He pointed out there could be provisions made on the north, if the development standards change, however, at this point it would be very cost prohibitive to develop further west. Chair Squires pointed out with the proposed use of Outlot C, and the Sketch Plan indications for how the area immediately north might develop, there are no provisions for another street, and they would be land-locking this property, ifit is developed. Mr. Hinzman indicated provisions could be made for access on a portion of land to the west, which is not being proposed for development at this point. He added if the matter came back for development at a future phase, staff would conduct further analysis to determine if there was buildability to the west. o Commissioner Dalien inquired if this land was also within the agricultural preserve designation. Mr. Hinzman referred to the preliminary plat, and indicated that all of the land west of a line extending to the north from the developed Woodland Estates is agricultural preserve. Commissioner Falk pointed out the staff report indicates a 10-foot wide bikeway to be located on the east side of Nightingale Street, and inquired if this was correct. Mr. Hinzman stated this was not correct. He explained the proposed bikeway would be located on the west side of Nightingale Street. Commissioner Hedin inquired if this proposal meets the Metropolitan Council's standards for density. Mr. Hinzman explained the Metropolitan Council's requirements, on average, for all new developments, are three units per acre. He advised that within the typical single family developments in the urban area, the average density is between 2 and 2.25 units per acre. He eXplained that this density, in conjunction with some town home units that are constructed in the 4 to 6 units per acre range, on average, would translate to approximately three units per acre. He added that the Metropolitan Council's criteria were somewhat more lax than that of the City of Andover. Commissioner Hedin inquired regarding the density of the proposed development. Mr. Hinzman advised that the density of the development would be slightly higher than 2 units per acre. Motion by Hedin, seconded by Dalien, to open the public hearing at 7:25 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. , "- ',-) There was no public input. Regular Andover Plannin[..Jd Zoning Commission Meeting 0 Minutes - November 9, 1999 Page 7 .. , ',-.I Motion by Dalien, seconded by Jovanovich, to close the public hearing at 7:26 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Motion by Jovanovich, seconded by Daninger, to recommend to the City Council approval of Resolution No. _-99, a resolution approving the Preliminary Plat of Woodland Estates Second Addition by Woodland Development Corporation located in Sections 21 & 22, Township 32, Range 24, Anoka County, Minnesota, legally described on Exhibit A of said resolution. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Hinzman stated this item would be considered at the December 7, 1999 City Council meeting. PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-28) AREA IDENTIFICATION SIGN- 151XX NIGHTINGALE STREET NW - WOODLAND ESTATES ~D ADDITION _ WOODLAND DEVELOPMENT. Planning Intern, Megan Barnett stated the Planning and Zoning Commission is asked to review a Special Use Permit request by Woodland Development to allow for the placement of an area identification sign for the Woodland Estates 2nd Addition development. / '\ \_--) Ms. Barnett reviewed the applicable ordinances and the criteria presented. Ms. Barnett stated the applicant is requesting to erect a permanent monument area identification sign for the Woodland Estates 2nd Addition, a single family urban residential development. She provided the Commission with a picture of the sign currently utilized by Woodland Estates 151 Addition, and explained that this design was proposed to be duplicated for the Woodland Estates 2nd Addition. Ms. Barnett outlined the Commission's options for action. She stated staff recommends approval of the proposal. Commissioner Dalien inquired if there was a written agreement for maintenance of the sign. Mr. Hinzman explained there is an agreement that contains a provision that maintenance be performed. He added there is a stipulation that if maintenance is not ongoing, the sign will be removed, and an escrow fee is collected for this purpose. Motion by Daninger, seconded by Jovanovich, to open the public hearing at 7:30 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Frees inquired who would be responsible for the landscaping around the sign. r '\ - I , / Mr. Westlund explained there was a separate easement for the sign to be located upon the lot, and maintenance of the sign is the responsibility of Woodland Estates Development. He added it was ') 0 Regular Andover Plannin[.....nd Zoning Commission Meeting Minutes - November 9, 1999 Page 8 , '\ j hoped that through the years, the residents would take some responsibility for maintenance of the sign, however, through their agreement with the City, sole responsibility falls upon the developer. There was no further public input. Motion by Hedin, seconded by Falk, to close the public hearing at 7:32 p.m. Motion carried on a 7- ayes, O-nays, O-absent vote. Motion by Jovanovich, seconded by Dalien, to recommend to the City Council approval of Resolution L-99, a resolution approving a Special Use Permit request of Woodland Development to erect one area identification sign on the propertllocated at 15XX Nightingale Street NW, legally described as Lot 1, Block 1, Woodland Estates 2" Addition. Motion carried on a 7-ayes, O-nays, 0- absent vote. OTHER BUSINESS. / \ '-..) Mr. Hinzman updated the Commission regarding previous Council actions. He stated at the November 2, 1999 City Council meeting, there was approval of an amendment to the Snowmobile Ordinance to ban snowmobiles south of 16151 Avenue. He stated some of the snowmobile groups were attempting to determine the locations of corridor trails to be designated south of 161 51 Avenue, and when those recommendations come forward in the future, the Council will review them, and further act upon this matter. Mr. Hinzman indicated the Council considered the special use permit request for the US West Wireless cell tower to be located at 32xx South Coon Creek Drive. He advised the Council tabled this item until their last meeting in January, in order to conduct an appraisal to determine if there would be any property valuation loss due to the cell tower. Mr. Hinzman stated the Council approved a variance request for a sideyard setback for encroachment of a garage at 2551 1361h Avenue. He stated there was also approval of the special use permit for land reclamation, the liquor licenses for Andover Station, the real estate signs for Fox Hollows, and the Garage before Principle Structure and Relocation of Structure for Gary Crider, on Crosstown Boulevard. Mr. Hinzman advised there was a large agenda set for the November 23 meeting of the Planning and Zoning Commission, consisting of 8 or 9 public hearings regarding preliminary plats. He explained that preliminary plats must be approved by the City Council by the end of 1999, to allow for construction next year. Mr. Hinzman stated Commissioners Jovanovich and Hedin's term expirations were approaching, and advised if they wished to be re-appointed to the Commission, they submit a letter to him by ') December 1, which he would forward to the City Council. , , -- .' , '_.J \,-) Regular Andover Plannin[l..Ad Zoning Commission Meeting 0 Minutes - November 9, 1999 Page 9 ) Commissioner Daninger requested clarification regarding how the Park Board determines to take cash in lieu of land. Mr. Hinzman explained the National Park and Recreation Association sets guidelines pertaining to park locations, distances between the parks, and different classifications of parks, and through these guidelines and the Comprehensive Plan, the Park Board makes their determination. He stated it was his understanding there is a park located on Crosstown Boulevard, in close proximity to the proposed Woodland Estates 2nd Addition, that would adequately serve the proposed site. There was no other business to come before the Andover Planning and Zoning Commission. ADJOURNMENT. Motion by Daninger, seconded by Hedin, to adjourn. Motion carried on a 7-ayes, O-nays, O-absent vote. The meeting adjourned at 7:37 p.m. Respectfully submitted, Trish Pearson, Recording Secretary TimeSaver Off Site Secretarial, Inc.