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HomeMy WebLinkAboutApril 14, 1998 , '\ V u o u u CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - APRIL 14, 1998 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was caJl~d to order by Acting Chairperson Randy Peek on April 14, 1998, 7:36 p.m. at the Andover City HaJl, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Lynnette Barry, Mike Gamache (left at 8:45 p.m.), Jeff Luedtke, Lorna WeJls Jay Squires Community Development Director, Dave Carlberg Others Commissioner absent: Also present: AGENDA Mr. Carlberg noted the request of the applicant to withdraw Item 5, Public Hearing: SpeciarUse Pennit _ Area Identification Sign - Section 23 - Cambridge Estates - Cambridge Capital, Inc. The City has pennitted developers to apply for their Area Identification Sign Special Use Permits after the preliminary plat. Acting Chairperson Peek questioned whether it is reaJly a variance. This was discussed in greater detail under Item 4, the preliminary plat of Cambridge Estates. Motion by Barry, Seconded by WeJls, to remove Item 5 from the agenda. Motion carried on a 6-Yes, I-Absent (Squires) vote. APPROVAL OF MINUTES March 24, 1998: Correct as written. Motion by Luedtke, Seconded by WeJls, the approval of the Minutes. Motion carried on a 4-Yes, 2-Present (Barry, Gamache), l-Absent(Squires) vote. PUBLIC HEARING: REZONING - R-l, SINGLE FAMILY RURAL TO R-4, SINGLE FAMILY URBAN _ SECTIONS 14 AND 23 - CAMBRIDGE ESTATES - CAMBRIDGE CAPITAL INC 7:39 p.m. Mr. Carlberg reviewed the request of Cambridge Capital, Inc., to rezone approximately 59.25 acres located east of Hanson Boulevard NW in Sections 14 and 23 from R-l, Single Family Rural to R-4, Single Family Urban. He noted the applicable ordinances and adjacent zoning and land uses. The rezoning is submitted in conjunction with the preliminary plat of Cambridge Estates, a 77- lot, single family detached subdivision. The proposed rezoning is consistent with the Comprehensive , '_ J \ V Regular Planning and Zoning Commission Meeting ) Minutes - April 14, 1998 Page 2 (Public Hearing: Rezoning - Cambridge Estates/Cambridge Capital, Inc., Continued) Plan land use designation. Municipal services are scheduled for 1998 on the southern portion and for 1999 on the northern part. The whole piece is within the MUSA for 1995 through 2000 phasing. The sewer and water will be coming from the Chesterton Commons plat; so without that plat being approved, this plat will not be able to develop in 1998. In the future there will be property to the north, Chesterton Commons 4th, that will develop to provide access to the northern portion. Commission Bany asked about plans to expand Hanson Boulevard. Are developers charged for the future upgrades to these roads that are needed because of the increased population from their developments? Mr. Carlberg understood the proposal is to expand Hanson Boulevard to four lanes, but he didn't know the exact dates. As a part ofthis development, turn lanes will be constructed onto Hanson, plus the intersection with Hanson Boulevard will be a full intersection which will be signalized in the future when warrants are met. The developers are not charged for road upgrades outside of their plats. There are many issues relating to impact fees which are illegal. Acting Chairperson Peek opened the hearing for public testimony. 7:52 p.m. Jim Lashinski 1326 161st Avenue - asked if the uneven boundary lines on the proposed plat are because of the wetlands. Commissioner Apel explained they are the result of the rear yards of the , ) adjoining plat. Mr Lashinski - asked when sewer and water is brought to the property line, will his property, which adjoins this, be assessed. Also, is there another development further north? Mr. Carlberg stated fhere will be no assessments outside of the platted property. Chesterton Commons North is proposed to the north and Chesterton Commons 3rd is to the east and south. There are also development proposals on the west side of Hanson Boulevard. Joel LeVahn President ofCambrid~e Capital Inc. - introduced himself and Pete Raddika, project engmeer. Motion by Luedtke, Seconded by Gamache, to close the public hearing. Motion carried on a 6- Yes, I-Absent (Squires) vote. 7:56 p.m. ) Commissioner Bany noted Ordinance 8, Section 5.02 lists four criteria to consider. Though she doesn't want to restrict or stop development, she felt some of those criteria are being affected because of the increase in density which continues up Hanson Boulevard. It is becoming very congested from Round Lake Boulevard to Highway 65. The side streets are too narrow; there are no shoulders; there is not enough signage for the increase in density up to CoRd 20; signalization will have to be a must. Foot traffic is a concern because of the school, commercial area and City Hall Park complex; and crossing Hanson Boulevard will be a problem. The City will have a responsibility to get the foot traffic from the east side of Hanson Boulevard to the west side. She also felt there will be some effect on the surrounding property values, stating this needs to be looked at much more closely with the continuing increase in density. ) ;' \ \.J Regular Planning and Zoning Commission Meeting / Minutes - April 14, i998 Page 3 (public Hearing: Rezoning - Cambridge Estates/Cambridge Capital, inc., Continued) Commissioner Wells was also concerned with the foot traffic and the children using the surrounding facilities a lot. Also, there will be a lot of traffic from the senior citizen center. There is no public transportation. She realized the Comprehensive Plan was changed to allow this, but she feared this will eventually lead to some kid getting killed on the highway. Commissioner Apel understood the concerns but felt those same issues could be raised with any plat. He felt it would be difficult for the City to deny the request based on the arguments of Commissioners Barry and Wells, which are better addressed at the preliminary plat stage. This area has been contemplated for expansion as a part of the Comprehensive Plan and expansion of the MUSA. Motion by Apel, Seconded by Gamache, to send to the City Council the ordinance amendment as presented by Staff to rezone this parcel from R-l to R-4. DISCUSSION: Commissioner Barry felt the criteria in Ordinance 8, 5.03(B) are not being met. She was told emphatically that the sewer expansion did not mean an increase in density. Commissioner Wells felt like these decisions were made four and five years ago and that the Commissioners are simply pawns. The newer residents are being negatively impacted by this. ; VOTE ON MOTION: YES-Peek, Apel, Gamache; ABSTAIN-Wells; NO-Barry, Luedtke; ABSENT- Squires. Motion carried. The item will be on the May 5, 1998, City Council agenda. 8:11 p.m. PUBLIC HEARING: PRELIMINARY PLAT - SECTIONS 14 AND 23 - CAMBRIDGE ESTATES - CAMBRIDGE CAPITAL, INC 8: 11 p.m. Mr. Carlberg reviewed the request of Cambridge Capital, Inc., for approval of the preliminary plat for Cambridge Estates consisting of 77 single family residential lots located in Sections 14 and 23. The City Council has authorized the southern 25 acres to be developed in 1998. He then reviewed the variance requests and comments of the Andover Review Committee as noted in the Agenda material. One variance not mentioned in the report is to Ordinance 10, Section 9.03 G for the Eagle Street cul-de-sac which exceeds the 500-foot maximum length. A trail along Hanson Boulevard will be constructed on a 50-50 percent cost share between the developer and the City; however, it does not appear that it will be able to go north because of the proximity of the wetland to the easement. No linear sidewalks or trails are being proposed within the development itself. The construction of this plat is contingent upon the development of Chesterton Commons Second Addition to the south. The sewer line is proposed to go from Chesterton Commons Second, through this plat, then jacked under Hanson Boulevard to service Grey Oaks and Burr Oaks Run. The City's consulting engineer has reviewed the drainage plan and finds everything to be in order. The Park and Recreation Commission will be making its recommendation at their April 16 meeting. , / Acting Chairperson Peek opened the public hearing; 8:25 p.m. './ \-.J Regular Planning and Zoning Commission Meeting J Minutes - April 14, 1998 Page 4 (public Hearing: Preliminary Plat - Cambridge Estates/Cambridge Capital, Inc., Continued) Commissioner Wells was concerned with the elevation from the Crane Street cul-de-sac, as there appears to be a 12-foot drop in about 400 feet. She was concerned that there will be flooding in the street. Pete Raddika Proiect Engineer - explained the grading will be to drain from north to south, and there will be a swale along the back lot lines on the future plat to the north. All hard surfaced areas will drain into sediment ponds. Ultimately the drainage will go to Ditch 37. The northern portion of this plat, which is the second phase, plus the adjacent plat immediately north will done simultaneously. This has been approved by the Coon Creek Watershed District. There will be a considerable amount of grading. The Commission then reviewed each of the proposed variances: A) Variances from Ordinance 10, Section 9.06A1 for Lots 6 and 8, Block 2; Lots 1 and 2, Block 5; Lots 2-5, Block 7; Lot 6, Block 8; Lots 7-9, Block 6 because they do not meet the 100-foot buildability requirements. Mr. Carlberg explained those lots back onto the wetland area and it is difficult to meet the 100-foot buildability requirements because of the topography. There have been similar variances granted in the past. The Commission expressed concern that the buidability of the . J lots are then severely restricted such that accessory buildings, decks, will need variances. Some commented there should be fewer lots. Mr. Raddika stated in looking at the lots closer, the following lots do not need variances: Lot 6, Block 2; Lot 2, Block 7; Lot 7, Block 6. There are three lots that will have under 90 feet in depth, and they are proposing limiting the type of house that goes on those lots and probably have a side garage rather than a front one. Those lots are Lot 1, Block 5; Lot 6, Block 8; and Lot 2, Block 5. Decks would also be limited, depending on the size of house. Mr. Carlberg noted the 100-foot buildability requirement relates to the depth of buildability, and eliminating some lots would not resolve that problem. The Commission generally agreed with the variances. (Commissioner Gamache left at this time, 8:45 p.m.) B) Five-foot variances to Ordinance No.8, Section 6.02 for Lots 1 and 7, Block 3 to the minimum depth requirement of 130 feet. Mr. Raddika stated Lot 1 is a comer lot and is over 130 feet on both sides of the lot. A variance would not be needed for Lot 1. The Commission generally agreed. C) Variance from Ordinance 10, Section 9.01D to allow Outlots A and B. Mr. Carlberg stated the Andover Review Committee recommends that Outlot B be added to adjacent lots. They. also questioned who will retain ownership of Outlot A. . / Joel LeVahn President of Cambridge Capital Inc - stated they are being given conflicting directives by two different governing bodies. The Coon Creek Watershed has asked them to keep the outlots because if they are combined into the lots, the land owners encroach upon the wetlands and destroy them. They intend to retain ownership of Outlot A. Mr. Carlberg explained the City's standpoint is \, ) "J Regular Planning and Zoning Commission Meeting / Minutes - April 14, 1998 Page 5 (public Hearing: Preliminary Plat - Cambridge Estates/Cambridge Capital, Inc., Continued) the outlots become tax forfeit parcels, which then become maintenance issues of the county. The platting ordinance does not allow outlots. The Commission did not understand the logic of Outlot B, as there is even more wetland between Lots 2 and 3. They supported the recommendation that Outlot B be combined with the adjoining lots. D) Variance to Ordinance No. 10, Section 9.05A for Block 3 which exceeds the maximum 660-foot requirement by 180 feet. A lO-foot pedestrian way, which is required by this section, is not proposed. The Commission generally agreed that there needs to be a 10-foot pedestrian cut through on the block. E) Variance to Ordinance No. 10, Section 8.04K to allow for the application of the Speciaf Use Permit for the area identification sign at a later date. Acting Chairperson Peek didn't agree that this would be a variance. He'd rather see a condition of the Permit that there be a time limit in which the area ill Permit application would be submitted. The Commission suggested, and Mr. LeVahn agreed, to condition the approval that the Special Use Permit for the area identification sign would be ,/ submitted 30 days from Council approval of the preliminary plat. F) Variance to Ordinance 10, Section 9.03G to eliminate the construction of temporary cul-de-sacs at the ends of 155th Avenue NW, Crane Street NW and Drake Street NW. Mr. Carlberg stated it doesn't make sense to require the temporary cul-de-sacs when these streets will not be dead ends but _ will be connected with the streets in the adjoining plat. The Commission agreed. G) Variance from Ordinance 10, Section 9.03G for the Eagle Street cul-de-sac. The Commission agreed. The Commission discussed Lots 1 and 2 of Block 7, questioning whether those lots have the proper frontage. Mr Raddika explained the setback for Lot 2 would be 60 to 70 feet back. Mr. Carlberg noted that person would have to build behind the adjacent housing, but it does meet the lot width requirement. Chairperson Peek stated it doesn't look like a buildable lot, and he asked that Staff-look at that again. The Commission also questioned the odd shape of Lot 8, Block 2 which also runs along the south side of Eagle Street. They felt there would be a maintenance issue in the neighborhood. After further discussion, the Commission generally agreed that Lots 9-12, Block 2 should have their lot lines extended to Eagle Street to eliminate the odd-shape of Lot 8, Block 2. It was also recognized that by extending the lot lines, double frontage lots are created, but the preference was to vary from that ordinance provision. Motion by Luedtke, Seconded by Wells, to close the public hearing. Motion carried on a 5- Yes, 2- . Absent (Squires, Gamache) vote. 9:18 p.m. '- .J ,~ Regular Planning and Zoning Commission Meeting / Minutes - April14, 1998 Page 6 (public Hearing: Preliminary Plat - Cambridge Estates/Cambridge Capital, Inc., Continued) The Commission discussed the possibility of constructing a trail within the development itself.. Mr. Carlberg noted the there will be a trail constructed along Hanson Boulevard. No internal trails were required in the Chesterton Commons developments to the south, but there is a tot lot several blocks south. In other developments it is anticipated that people will use the streets to get to the trails along the major thoroughfares. No internal trails were agreed to by the Commission. Mr. Raddika stated there will be some areas that will be custom graded and some areas will have to be clear cut. They will save as many trees as possible along the wetland. Mr. Carlberg stated there were some plant species in Hamilton Square that were removed during development. He was not aware of any protected vegetation in this area. Motion by Apel, Seconded by Luedtke, to recommend that the Planning and Zoning Commission send to the City Council the Resolution approving the preliminary plat as prepared by Staff with the following changes: Item 1. Delete Lot 2, Block 7 from the variance, to read Lots 3-5, Block 7. Also, that Lot 2, Block 7 be investigated by the Building Official. If he finds it to be buildable, then we would grant a variance. Ifhe finds it is not, it should be combined with Lot No.1. Item 2. Vary from Ordinance 10, Section 9.0 lD to allow Outlot A. That Outlot B will be added to one of the adjacent parcels. The ownership of Outlot A to remain with the developer. Item 3. For a variance from Ordinance No. 10, Section 9.05A for Block 3 as the length of the block exceeds the maximum 660-foot requirement by 180 feet and to recommend that a pedestrian way be provided. Item 4. As stated. Item 5. Variance from Ordinance No.8, Section 6.02 for Lot 7, Block 7 only. Items 6-8. As stated. Item 9. A variance would not be given, but the item changed to: That the developer will apply for a Special Use Permit for the area identification sign no later than 30 days after the Council approval of the preliminary plat. Items 10-11. As stated. Item 12. That the length of the cul-de-sac on Eagle Street NW, a variance be granted from Ordinance 10, Section 9.03G. '-) \ ......-J Regular Planning and Zoning Commission Meeting Minutes - Apri/14, 1998 Page 7 (public Hearing: Preliminary Plat - Cambridge Estates/Cambridge Capital, Inc., Continued) Item 13. That the wetlands directly north and east of Block 2, Lots 9, 10, 11 and 12 be added to those lots and that a variance from Ordinance 10, 9.06F pertaining to double frontage lots be granted. It is understood that this plat will not be developed fully until the plats to the south and to the north are developed. It is further understood that the cost of the trail bordering Hanson Boulevard going north and south on the westerly edge of the plat will be shared 50-50 by the developer and the City of Andover. VOTE ON MOTION: 4-YES, I-NO (Bany), 2-ABSENT (Squires, Gamache). Motion carried.-This . will be on the May 5, 1998, City Council agenda. 9:34 p.m. OTHER BUSINESS Mr. Carlberg reviewed the actions of the City Council taken at their April 7, 1998, meeting. -' Motion by Luedtke, Seconded by Bany, to adjourn. Motion carried on a 5- Yes, 2-Absent (Squires, Gamache) vote. The meeting adjourned at 9:40 p.m. Respectfully submitted, '~~~C0\;;::L Marcella A. Peach Recording Secretary , /