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01/14/03
0' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. - ANDOVER, MINNESOTA 55304 • (763),`755 -51o0 FAX (763) 755.8923 Andover Planning and Zoning Commission Meeting Agenda January 14, 2003 Andover City Hall Council Chambers 7.00 p.m. 1. , Call to Order 2. Approval of Minutes — December 10, 2002 3. Variance (03 -01) to vary from the 2.5 acre minimum parcel area required to shelter horses on property located at 17303 Round Lake Boulevard NW (CSAH 9). 4. PUBLIC HEARING Comprehensive Plan Amendment (02 -05) to expand, the MUSA Boundary to include the Woodland Creek Golf Course located at 3200 South Coon Creek Drive. 5. PUBLIC HEARING Lot Split (02 -13) to subdivide a parcel from the Woodland Creek Golf Course for a proposed urban residential development at 3200 South Coon Creek Drive. 6. PUBLIC HEARING Special Use Permit (02 -14) for Planned Unit Development Review and Area Identification Sign for Woodland Creek Golf Course Villas at 3200 South Coon Creek Drive. 7. PUBLIC HEARING: Preliminary Plat for Woodland Creek Golf Course Villas for Olvan Properties at 3200 South Coon Creek Drive. 8. PUBLIC HEARING Special Use Permit (03 -02) to allow intoxicating liquor to be served at the Woodland Creek Golf Course located at 3200 South Coon Creek Drive. 9. PUBLIC HEARING Comprehensive Plan Amendment (03-01) to change the Land Use Designation from Urban Residential Low Density (URL) to Urban Residential Medium Density (URM) for property located at 13311 Round Lake Boulevard NW. 10. PUBLIC HEARING Rezoning (03 -01) to change the Zoning Designation from Single Family Urban Residential (R -4) to Multiple Dwelling Low Density (M -1) for property located at 13311 Round Lake Boulevard NW. 11. PUBLIC HEARING Special Use Permit (03 -01) for Planned Unit development Review of City View Farm located at 13311 Round Lake Boulevard NW. • 12. PUBLIC HEARING Preliminary Plat for City View Farm for Mike Bahn at 13311 Round Lake Boulevard NW. 13. Adjournment 0 • CITY of ANDOVER • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) -755 -8923 TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes December 10, 2002 DATE: January 14, 2003 Request The Planning and Zoning Commission is asked to approve the minutes from the December 10, 2002 meeting. • CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 - 5100 FAX (763) 755 -8k23 PLANNING AND ZONING COMMISSION MEETING —DECEMBER 10, 2002 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Daninger on December 10, 2002, 7:00 p:m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Acting Chairperson Dean Daninger, Commissioners Tim Kirchoff, Douglas Falls, Rex Greenwald and Paula Larsen. Commissioners absent: Chairperson Jay Squires, Commissioner Tony Gamache. Also present: City Planner, Courtney Bednarz Others APPROVAL OFMINUTES. November 26, 2002 Motion by Greenwald, seconded by Larsen, to approve the minutes as presented. Motion carried on a 5 -4ye, 0 -nays, 2- absent (Squires, Gamache) vote. PUBLIC HEARING: LOT SPLIT (02 -12) TO CREATEA NEW RURAL RESIDENTIAL PROPERTYAT 17680 ARROWHEAD STREET NW FOR DONALD' AND VALERIE HOLTHUS. Mr. Bednarz explained that the information has changed and the field survey is incorrect and if the land survey moves forward they may be looking for a variance regarding buildability. Commissioner Falk asked if the buildability would affect both lots., Mr. Bednarz stated it would only affect the lot that is not built on. Mr. Bednarz stated the site is heavily treed and they can not get the perfect 150 foot by 150 foot square. Motion by Greenwald, seconded by Larsen, to postpone the lot split request indefinitely. Motion carried on a 5 -aye, 0- nays, 2- absent (Squires, Gamache) vote. i Regular Andover Planning and Zoning Commission Meeting Minutes — December 10, 2002 Page 2 • PUBLIC HEARING: REZONING (02 -07) TO CHANGE THE ZONING DESIGNATION FROM R-1 SINGLE FAMILYRURAL RESIDENTIAL TO R -4 SINGLE FAMILY URBANRESIDENTL4L FOR PROPER TY LOCA TED AT 1444 161 sT AVENUE NW (CSAH 20) FOR MARK TIBBETTS. Mr. Bednarz explained that the Planning Commission is asked to review the proposed rezoning to allow the Maple Hollow Project to move forward. Mr. Bednarz stated the property is located within the 2020 Metropolitan Urban Service Area (MUSA) and also within the current phase of sewer expansion (2000 -2005) in the City's Comprehensive Plan. Times and conditions have changed with the availability of utilities and it is appropriate to rezone the property at this time to allow an urban residential development. Motion by Kirchoff, seconded by Greenwald, to open the public hearing at 7:12 p.m. Motion carried on a 5 -aye, 0 -nays, 2- absent (Squires, Gamache) vote. There was no public input. Motion by Kirchoff, seconded by Larsen, to close the public hearing at 7:12 p.m. Motion carried on a 5 -aye, 0 -nays, 2- absent (Squires, Gamache) vote. Motion by Greenwald, seconded by Falk, to recommend to the City Council approval of Resolution No. , approving the Rezoning from R -1 Single Family Rural Residential to R -4 Single Family Urban Residential for Property located at 1444 161 Avenue NW (CSAH 20) for Mark Tibbetts. Motion carried on a 5 -aye, 0 -nays, 2- absent (Squires, Gamache) vote. Mr. Bednarz stated that this item would be before the Council at the January 7, 2003 City Council meeting. PUBLICHEARING. PRELIMINARYPLAT OFA SINGLE FAMILY RESIDENTLAL DEVELOPMENT TO BE KNOWNAS MAPLE HOLLOW FOR MARK TIBBETTS ONPROPERTYLOCATED AT 1444161 AVENUENW. Mr. Bednarz explained that the Planning and Zoning Commission is asked to review a preliminary plat for Maple Hollow. The proposed project will create 6 urban residential lots. The design of the project substantially conforms to the sketch plan previously reviewed by the Planning Commission and City Council. Mr. Bednarz stated the Park and Recreation Commission recommended that park dedication and trail fees be collected for the proposed development. He stated there will be a trail constructed at some point but it has not been required by the City, this would be J Regular Andover Planning and Zoning Commission Meeting Minutes — December 10, 2002 Page 3 . a policy change to try and require this. He stated the lots on the south side of the cul -de- sac are a little unusual because they are turned to accommodate six lots. Commissioner Greenwald asked when lot width is figured, it is based on an average. Mr. Bednarz stated the lot width is measured at the front setback. He stated they do meet the eighty foot width and exceed it with the arc. At some point, the City should look at a minimum lot width at the front property line in the cul -de -sac's to ensure adequate space for driveways, mailboxes and snow storage. Lot depth is an average of three measures, which allows some odd shape lots to be created. If the lot depth minimum is 130 feet, the city may want to look at requiring that depth throughout the entire lot. Commissioner Falk stated what the City would like to achieve is a square instead of a pie buildability on cul -de- sac's. Commissioner Kirchoff asked if lot six would face and access Crane Street. Mr. Bednarz stated this was true and the front of the lot is the shorter of two sides and the front of the house has to face the front of the lot, so the address would be on Crane Street. He stated they may try to build the garage behind the house for access into the cul -de -sac, which would be preferable. Mr. Bednarz stated they will be putting a drainage pond on the plat and will drain water over land to that pond. This is a small development and the drainage areas are not too restrictive on the useable space of the lots. However, in larger development drainage swales across a number of backyards can become quite wide and affect future homeowners ability to use this space or add decks or porches in the future. He stated that he would like to see the city require the use of storm water conduit and catch basins to minimize the amount of backyard space that is unuseable. Commissioner Kirchoff asked if adding a pipe would add a lot to the price of the development. Mr. Bednarz stated it would increase the infrastructure cost and there would need to be some sort of a policy shift for this to happen. Acting Chairperson Daninger stated this would be the question that would need to be discussed in the future with other plats. Commissioner Falk asked if the drainage would affect the buildability of the land. Mr. Bednarz stated lots three through five would be the lots that would have the drainage over the property so they would have some slope to the land and it is a factor to this plat. Acting Chairperson Daninger stated the developer has taken the Planning Commissions recommendation in the past and they could suggest this to them but he does not want to change things this far into the project. • Regular Andover Planning and Zoning Commission Meeting Minutes — December 10, 2002 Page 4 • Motion by Greenwald, seconded by Larsen, to open the public hearing at 7:38 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Squires, Gamache) vote. There was no public input. Motion by Falk, seconded by Larsen, to close the public hearing at 7:38 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Squires, Gamache) vote. Acting Chairperson Daninger stated they should note the storm drainage pipe has been discussed thoroughly in the meeting and will be looked at further in the future with other plats. Motion by Greenwald, seconded by Kirchoff, to recommend approval of the preliminary plat of a single family residential development to be known as Maple Hollow for Mark Tibbetts on property located at 1444 161 Avenue NW. Motion carried on a 5 -ayes, 0- nays, 2- absent (Squires, Gamache) vote. Mr. Bednarz stated that this item would be before the Council at the January 7, 2003 City Council meeting. OTHER BUSINESS. • Mr. Bednarz mentioned that the City Clerk sent out disclosure forms to them and they need those back. Acting Chairperson Daninger asked if the applications for Planning Commission are closed now. Mr. Bednarz stated it is and they have nineteen applications for the three positions in the Planning Commission and almost as many for the Park Board. Mr. Bednarz stated the Woodland Creek Golf Course submitted their information to them this week and two more developers are planning on making a submission by the January 2003 deadline. Acting Chairperson Daninger and the other Commissioners publicly thanked Commissioner Larsen for her short time on the Planning Commission and wished her luck. ADJOURNMENT. Motion by Falk, seconded by Larsen, to adjourn the meeting at 7:45 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Squires, Gamache) vote. • Regular Andover Planning and Zoning Commission Meeting Minutes — December 10, 2002 Page 5 • Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. 0 C� • CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: D. Tyler Mckay, Associate Planner r1 SUBJECT: Public Hearing: Variance (03 -01) to keep a horse on less than 2.5 acres of property located at 17303 Round Lake Blvd. NW for Joerg and Cheryl Bode. DATE: January 14', 2003 0 INTRODUCTION The Bodes are requesting a variance to the 2.5 acre requirement for keeping a horse on property within the City of Andover. Mrs. Bode is very allergic to horses, except for the American Curley breed she owns. They have lost the ability to board this horse on a neighboring property and boarding it with other breeds of horses would cause a severe allergic reaction to the owner. The property in question is 2.178 acres in size. Applicable Ordinances Ordinance No. 207 regulating the keeping of equines within the City of Andover. The following chart prescribes the number of equines that can be maintained on residential zoned parcels of land as shown: Acreage Less than 2.5 acres 2.5 acres but less than 3 acres Number of Equines Permitted 0 equines (none permitted) 1 to 3 equines Ordinance 8 Section 5.04 regulates Variances and Appeals. Criteria for granting of a Variance: 1. Where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of this Ordinance, an appeal may be made and a variance granted. The hardships or difficulties must have to do with the characteristics of the land and not the property owner 0 2. If it will be in keeping with the spirit and intent of this Ordinance and if it finds that strict enforcement of this Ordinance will cause undue hardships because of circumstances • unique to the individual property under consideration. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. Evaluation There are two passages from the Equine Ordinance, which would indicate a variance could be granted. The first is, "Variances from the literal provisions of this ordinance shall be processed and granted or denied in the same manner and based on the same criteria as stated in the Zoning Ordinance." This would indicate that this Ordinance was written with the possibilities for variances to be granted. Also, "The purpose and intent of this ordinance is to allow equines in residential zoned districts and to ensure proper handling, care, and treatment of equines." This passage indicates that the primary importance of this Ordinance is the health and care of the horse. Proper treatment of this horse could be reasonably ensured if the resident is able to comply with all of the other provisions of this Ordinance, including a detailed sketch drawing indicating that the proper fence and corral enclosing at least eight hundred square feet of land per equine and proper shelter requirements with a minimum roof size and living area of eighty square feet per equine will be constructed. Unfortunately, Ordinance 8 Section 5.04 regulating variances and appeals does specifically i require "The hardships or difficulties must have to do with the characteristics of the land and not the property owner ". The allergy does belong to the property owner, and there is no specific difficulty with the property besides being slightly less than that, which is required. Therefore, it is difficult for staff to make a recommendation when the Equine Ordinance appears to allow for a variance while the variance ordinance does not. Additional Information Three neighboring residents have submitted letters of approval for this variance request. One of these letters allows full access to their adjoining 10 acres for riding purposes. The full letters are attached. Attachments Resolution Location Map Letter from Applicant Letters from Neighbors Equine Ordinance ACTION REQUESTED It is recommended that the Planning and Zoning Commission discuss the merits of the variance request and make a recommendation based on findings, or if the Planning Commission can not make the findings a recommendation of denial would follow. -Z- • Respectfully s tted, r4 Y Tyler Mckay Cc: 17303 Round Lake Blvd. NW for Joerg and Cheryl Bode. • CITY OF ANDOVER COUNTY OF ANOKA • STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE VARIANCE REQUEST OF JOERG AND CHERYL BODE TO ALLOW 1 HORSE TO BE KEPT ON THEIR PROPERTY OF LESS THAN 2.5 ACRES FOR PROPERTY LOCATED AT 17303 ROUND LAKE BOULEVARD NW. WHEREAS, Joerg and Cheryl Bode has requested to keep 1 horse on their property of less than 2.5 acres for a property located at 17303 Round Lake Boulevard NW, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does meet the criteria of Ordinance No. 8 Section 5.04, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Variance request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the variance with the following findings: 1. Conditions of the adjoining property have changed in regards to the discontinuation of boarding of hypo - allergenic horses. 2. Proper handling, care and treatment as detailed in the Equine Ordinance would not be impaired on a lot of 2.178 acres as compared to 2.5 acres if the horse is able to use the adjoining 10 acres of property for purposes other than boarding. 3. The property owner would still have to comply with all of the other requirements of the Equine Ordinance ensuring proper care, including corral and shelter requirements. Adopted by the City Council of the City of Andover on this day of , 2003. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor 0 Victoria Volk, City Clerk ;V1 -a- _ :■ / ,) a � q 0 � E a U %/ ƒ § § tn _ 0 § , > � § § / 2 k § f § $- § V4 � § § � |ƒ �_ LLJ § G @ En k = U ❑ ul § f � • m ±, - ��§ k'ZO -a- To Whom It May Concern: • Request for Variance We would like to request a variance to keep a horse on our land. The current ordinance, as we understand it, requires 2.5 acres of land to be able to have a horse. We have about 2.178 acres, so we need a variance due to our land not being large enough to comply with this ordinance. Need for Variance Back in May of 2002 our neighbor bought a horse for their eleven year -old daughter. Knowing that I was allergic to horses, (I am extremely allergic to horses having both hayfever & asthma and have gone to the hospital emergency room with a severe asthma attack just from being around people who had been riding horses) the neighbors did extensive research, found and bought an American Bashkir Curly — a breed that is hypo-allergenic. I was thrilled when I was able to be by it and touch it with no allergy problems. When we found out that I was not allergic to these horses my husband bought a yearling gelding Curly for my birthday — we named him Freedom's Gait, Freedom for short. We were able to do this because our neighbors said we could keep Freedom with their horse (to keep him company) as long as we helped with the chores and shared expenses. Our neighbors have 10 acres. A problem has come up. Our neighbors have decided that they need an older trained horse for their daughter. So, they have decided to sell their Curly. They cannot afford the price of a trained older Curly, so they are going to buy another breed of horse that is trained that will not cost as much. This is what caused our dilemma. We have really fallen in love with Freedom and we don't want i to get rid of him — I myself am very attached to him and it would tear my heart out if we had to get rid of him. If we continue to keep our horse at our neighbors with their new horse, I will not be able to go see him or care for him because of my allergies. We have also checked and there is no one in the area that boards just Curly's. The people we bought him from could board him, but they live 2 -1/2 hours away and also have other breads of horses. Our only alternatives, therefore, is to keep Freedom on our land or move. Moving at this time is not a very good option because my husband is in the military (Minnesota Air Guard) full -time and could be deployed at any time. It would truly be a hardship to try to move under these circumstances. We really like our property, our neighbors and Andover and would really like to stay. We can dedicate a full acre of our land for Freedom and can build a lean -to, tack room, and area to store some hay. If allowed we plan on building this next to our existing second garage (the bigger one) and it will look like an addition to the garage from 173'" Lane. We plan on putting strong 6 foot fencing around his area. We would keep Freedom in the back part of the property — furthest away from Round Lake Blvd. We also have trees and shrubs bordering our land and both neighbors land, and also bordering most of our land and 173 Lane. We will also have access to our next door neighbors paths and trails (on their 10 acres) in which to ride our horse. We have plans for composting the manure and other materials. Our well is over 100 feet from where Freedom will be on our land. Curly's are extremely easy to care for. They are an excellent cold weather horse (the reason why we don't need a barn). Curly's have a thick curly winter coat and 2 extra layers of fat to keep them warm. Curly's are also very gentle and easy going. Because of Freedom's personality we feel that it would not be a problem for us or our neighbors to keep Freedom on our land. Horses are not unusual in our area. As I said, our next door neighbors have a horse. The neighbors on the other side of them are getting a mustang stallion this summer. Our neighbors in _b/; 0 • back of us have a pasture and barn for horses but don't have any horses at this time. Less than a' /z mile away on the other side of Round Lake Blvd. there is a horse farm with several horses. There are also several properties within a mile or 2 that have horses. We are not able to purchase land from either of our neighbors who's land touches ours. Their houses on their land would be too close to our land if they sold us the 113 of an acre we'd need to have the required 2.5 acres. Thank you for your consideration of this request. Sincerely, Joerg & Cheryl Bode • (fA V'��VU-dAAe-X 7U yl� f �tLlK ln �6,�, o-3 I U4. • LJ 3 !° h D3 �,� jt �{, r3k �h. Goo 1c ar fl - 4 h� Llo rte- hcv, to trbw 1s-+ 4hc, • • -9- E Cl • -/0- CITY OF ANDOVER . COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 207 AN ORDINANCE REGULATING THE KEEPING OF EQUINES WITHIN THE CITY OF ANDOVER The City Council of the City of Andover hereby ordains: Section 1. Purpose. The purpose and intent of this ordinance is to allow equines in residential zoned districts and to ensure proper handling, care, and treatment of equines. Section 2. Definitions. Equine any ass, burrow, donkey, foal, gelding, horse, mare, mule, pony and stallion. Foal an equine which has not reached the age of one (1) year. • Parcel is a designated lot, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit. Public Hearing a meeting announced and advertised in advance and open to the public, with the public given an opportunity to speak and participate. Public Hearing Notice an advertisement of a public hearing in the City's official newspaper, and through other media sources, indicating the time, place and nature of the public hearing. Public Property land owned or operated by municipal, school district, county, state or other governmental units. Rear Yard is the portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot. Structure anything erected, the use of which requires more or less permanent location on the ground, or attached to something • having a permanent location on the ground and meets Uniform Building Code requirements. Section 3. Acreage Renuirements. The following chart prescribes the number of equines that can be maintained on residential zoned parcels of land as shown: Acreage Less than 2.5 acres 2.5 acres but less than 3 acres 3 acres but less than 3.5 acres 3.5 acres but less than 4 acres 4 acres but less than 4.5 acres 4.5 acres but less than 5 acres 5 acres or more Number of Equines Permitted 0 equines (none permitted) 1 to 3 equines 1 to 4 equines 1 to 5 equines 1 to 6 equines 1 to 7 equines No more than 3 equines per acre Any foal under the age of one (1) year is not considered to be a permanent part of the equine count and does not affect the number of equines permitted as established in the chart above. Section 4. Sketch Drawing Reauired. Prior to maintaining and boarding an equine or equines on any parcel of land between two and one -half (2 1/2) and five (5) acres, the property owner shall provide a sketch drawing to the Planning and Zoning Department. i The required sketch drawing information shall include the following: 1. Name and address of the fee owner of the subject property where the equine(s) are to be maintained and the name and address of occupant of subject property. 2. Legal description of subject property. 3. Acreage of subject property and area enclosed by corral and/or fence. 4. The number of equines to be maintained on subject property. 5. Sketch drawing showing, to scale: a) Location of all buildings on subject property; b) Location and area of said fence or corral on subject property; c) Location and distance from subject property of all adjacent • 0 2 t? — • property's buildings; and d) Area on subject property where manure will be stored. Section 5 Fencing and Corral Requirements. On parcels of land maintaining equines, there shall be thereon a secure fence or corral enclosing at least eight hundred (800) square feet of land per equine. Said fence or corral shall be located no closer than fifty (50) feet from any residence and shall be of sufficient height and strength to retain such equines. Fencing materials and type to be approved by the Equestrian Council. Section 6. Shelter Requirements. On parcels of land maintaining equines, there shall be a shelter or covered structure to protect the equines from the elements of weather. Said shelter or structure shall have a minim roof size and living area of eighty (80) square feet per equine to protect the equine from direct rays of the sun when temperatures exceed ninety -five (95) degrees Fahrenheit, be structurally sound, free of injurious matter, maintained in good repair and - ventilated. Said structure shall be no closer than one hundred (100) feet from the habitable portion of any dwelling and fifty (50) feet from abutting property lines. The separation between the shelter or structure and the well shall be as established by State Health Codes (231), 5- 07 -91). • Section 7. Yard Restrictions. No equines shall be maintained, except in the rear yard, for parcels of land three (3) acres or less, without review by the Equestrian Council and approval by the City Council. Section 8 Manure Management Insect and Rodent Control. Manure shall be handled or treated in such a manner so as not to create a public nuisance and shall be conducted in the rear yard only. Accumulations of manure shall not be allowed in the front and side yards. Corrals, pens, stables or similar enclosures shall be maintained in a manner to minunize fly breeding and rodent infestation. Accumulations of equine manure on any public right -of -way, sidewalk or alley shall not be permitted, and the equine owner shall be responsible to abate such nuisances. Section 9. Care and Maintenance of Equines. Proper care and maintenance of each equine shall be the responsibility of the person, firm or corporation designated as the owner, caretaker or custodian of such equine. No equine shall be treated cruelly or inhumanely by any person or in violation of the State law. -13-- Section 10. Control, Trespass and Public Rithts -of Ways. 1. No person, shall permit any equine to run at large within the City • when it is off the premises owned or rented by its owner and unaccompanied by the owner, or an agent or employee of the owner. The City Administrator or its designee of the City may impound any equine found at large and shall provide proper sustenance for any impounded equine. The City Administrator or its designee shall within twenty -four (24) hours after such equine has been impounded, post written notice at City Hall describing such equine and stating that it has been impounded. Notification shall be given to the Equestrian Council. Costs incurred by the City for impounding a equine shall be paid by the equine owner to the City prior to releasing the equine. An impounded equine shall be released only to a person providing proof of ownership and displaying a receipt from the City Clerk showing payment of the reasonable costs of impounding, housing, feeding, and veterinarian care. In the event a equine impounded by the City is not redeemed within fourteen (14) calendar days, the City Administrator or its designee shall give an additional three (3) days notice of the time and place where such equine will be sold by posting notice at City Hall. If such equine cannot be sold on the day stated, it may be sold as soon as possible thereafter without notice. The proceeds from such sale shall be deposited in the City's general fund. 2. No person may ride or drive an equine after the hour of sunset and before the hour of sunrise along or crossing any public right -of -way without appropriate lighting or reflectorized clothing. No person shall ride or drive an equine in any public park, beach, school yard or public property except within the right -of -way of public streets and highways and in such areas duly designated as a trail way or hitching area. 4. No person shall ride or drive any equine upon private property without the prior permission of the owner or owners or occupant thereof. 5. No person shall interfere with any equine being ridden, driven or kept in a lawful manner. -iI(/- Section 11. Equestrian Council. • The City Council hereby authorizes the establishment of an Equestrian Council to assist the Planning and Zoning Department, to resolve and investigate complaints from those aggrieved by equines, to advise equine owners against whom complaints have been lodged, and to recommend to the City Council appropriate action. The Equestrian Council shall consist of seven (7) members whom are residents of the City. Members shall include when possible, a representative of a equine- oriented association or club and a veterinarian. Members of the Equestrian Council are appointed by City Council and three (3) members shall serve a one (1) year term and four (4) members shall serve a two (2) year term. Each succeeding term shall be for two (2) years. Any member is eligible for reappointment at the end of their term. Section 12. Permit Required. No person, fum or corporation will keep, stable or maintain equines within the City on parcels of land less than five (5) acres without obtaining an application for a permit from the City. Each application shall include a sketch drawing as stated in Section 4. The Equestrian Council will review such application and shall make final determination (approval or denial) of the permit. The Equestrian Council shall inspect the premises to assure compliance with the i standards and regulations of this ordinance prior to a permit being issued. The permit (if issued) will be of indefinite duration, but is subject to revocation. Section 13. Permit Revocation. All requests by residents or staff seeking revocation of a permit for equines shall be made in writing to the City Clerk. The City Clerk shall refer the request to the Planning and Zoning Department. A staff report will be prepared and discussed at a City Council meeting within thirty (30) days the written request was received. All property owners and occupants within three hundred and fifty (350) feet of the property in question will be notified by mail at least ten (10) days prior to the City Council meeting. Failure of any property owner(s) or occupant(s) to receive such public hearing notice shall not invalidate such proceedings. At such public hearing, the City Council shall determine whether revocation of the permit for equines is warranted and shall issue written Findings of Fact, Conclusions of Law and an Order pertinent to revocation. The Findings of Fact, Conclusions of Law, and an Order shall be filed with the City Clerk and shall be mailed to all interested parties appearing or represented at said hearing. • 5 !S— Section 14. Sunset Clause. The City Administrator or its duly appointed official may inspect the property nine (9) months after the permit was granted and approved to determine that the property is in compliance with the provisions of this ordinance. If attempts have not been made to comply with the provisions of this ordinance one (1) year after the permit was issued, the permit will be declared null and void. Section 15. Severability. If any section, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase irrespective of the fact that any one or more sections, subsections, clauses or phrases be declared unconstitutional (23D, 5 -07- 91). Section 16. Variances. Variances from the literal provisions of this ordinance shall be processed and granted or denied in the same manner and based on the same criteria as stated in the Zoning Ordinance. Section 17. Granduarentina. Any use or structure constructed prior to May 7, 1991 for the purpose of sheltering equines may be continued at the size and in the manner of operation (23D, 5- 07 -91). Section 18. Validity and Effective Date. This ordinance shall be effective from and after its passage and publication. Adopted by the City Council of the City of Andover on this 18th day of March. 1997. ATTEST: /s/ Victoria Volk Victoria Volk, City Clerk CITY OF ANDOVER /s/ J. E. McKelvey J. E. McKelvey, Mayor • 0 E —/9 -- APPLICATION FOR EQUINE PERMIT • (Parcels of land less than five [5] acres) Applicant Name: Phone Number: Date: Address (where equines will be maintained): Property Owner's Address (if different from above): Quantity of Equines: Number of Acres where equines will be maintained: 9 Location and Size of Corral: Type/Materials of Fencing: Please attach legal description of property where equines will be maintained. Notes: • Please attach Sketch Drawing showing the following: 7 —(7— Location of all buildings on subject property. 2. Location of well. 3. Fenced in horse pasture area. 4. Location and distance from subject property of all adjacent property's buildings. 5. Area on subject property where manure will be stored. Notes: Comments by Equestrian Council: Reviewed by: Equestrian Council Approved by: Equestrian Council Chairperson 8 • 0 WA L i • CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Plann4 SUBJECT: PUBLIC HEARING Comprehensive Plan Amendment (02 -05) to expand the MUSA Boundary to include the Woodland Creek Golf Course located at 3200 South Coon Creek Drive. DATE: January 14, 2003 INTRODUCTION The applicant is proposing an urban development with municipal utilities. The proposed project area is currently outside the 2020 Metropolitan Urban Service Boundary (MUSA). The applicant is requesting that the Woodland Creek Golf Course be brought into the MUSA to allow the proposed Woodland Creek Golf Course Villas project to be constructed. The clubhouse facility would also connect to municipal sewer and water when it becomes available. The remainder of the golf course beyond the proposed development site and the clubhouse area lies within a flood plain and is not buildable. DISCUSSION The site is currently zoned R -4 Single Family Urban Residential, a zoning designation that is designed for urban residential development. However, the site remains outside the 2020 Metropolitan Urban Service Boundary (MUSA). Land Use District The entire golf course currently carries an Open Space (OS) designation on the Comprehensive Plan Land Use Map. An Urban Residential Low Density (URL) designation would need to be placed over the 4.08 acres proposed to be brought into the MUSA for urban residential development. These adjustments will align the Land Use and Zoning Designations of the property and allow the proposed residential development to move forward. Sewer Capacity The sanitary sewer is currently located uphill along South Coon Creek Drive. As a result of the topography and depth of the sewer trunk, a lift station would be necessary to transmit sewage from the proposed development uphill to the trunk sewer. Sufficient capacity exists within the trunk sewer line to accommodate the proposed expansion. • Staff is working with the applicant to design a temporary lift station that can be eliminated when the trunk sewer is extended north from the Coon Rapids Interceptor along Coon Creek. Water Capacity A trunk waterline also exists along South Coon Creek Drive. Sufficient capacity exists to serve the proposed development. Staff is advocating that the water lateral be looped through the • development and back to the trunk water line to ensure adequate flow and to improve water quality. If approved, this land use change will be forwarded to the Metropolitan Council for their review. This would be considered a minor Comprehensive Plan Amendment. Attachments Resolution—P--wgiT A- Location Map ACTION REQUESTED The Planning Commission is asked to recommend approval of the proposed Comprehensive Plan Amendment subject to the conditions of the attached resolution. 4 Re ec ly submi , e Cc: Olvan Properties, P.O. Box 67, Forest Lake, MN 55425 11 -2- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -03 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO EXTEND THE 2020 MUNICIPAL URBAN SERVICE BOUNDARY TO INCLUDE THE WOODLAND CREEK GOLF COURSE AND PLACE A URBAN RESIDENTIAL LOW DENSITY (URL) DESIGNATION ON APPROXIMATELY 4.08 ACRES LEGALLY DESCRIBED AS TRACT A IN EXHIBIT A. THE PROPERTY IS LOCATED AT 3200 SOUTH COON CREEK DRIVE AND LEGALLY DESCRIBED AS; Outlot A, Woodland Creek, Anoka County, Minnesota. A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO PLACE A URBAN RESIDENTIAL LOW DENSITY (URL) DESIGNATION ON APPROXIMATELY 4.08 ACRES LEGALLY DESCRIBED AS TRACT A IN EXHIBIT A; WHEREAS, Olvan Properties has petitioned the City of Andover for an urban development requiring municipal utilities, and; • WHEREAS, The 2020 Metropolitan Urban Service Boundary (MUSA) does not include the subject property, and; WHEREAS, the R -4 Single Family Urban Residential zoning of the property is consistent with this request, and; WHEREAS, Minnesota State Statute Chapter 473.858 stipulates that the zoning ordinance must be consistent with the Comprehensive Plan, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested, and; WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding land, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: 1) Extend the 2020 Metropolitan Urban Service Boundary (MUSA) to include the • Woodland Creek Golf Course, legally described in this resolution. 2) Designate an Urban Residential Low Density (URL) District approximately four acres on property legally described as Tract A in Exhibit A. -3 3) Subject to review and approval by the Metropolitan Council. • Adopted by the City Council of the City of Andover on this _ day of , 2003. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor s WA ----- . . W ooc:lland Creek Golf Villas , , ),ii<';:;";;'I','C;; 'U; ..'..,~.!Lli~i;f~ f"i."."i .,;~;:;~:;.;if,"~;;J.~1 ~;;;i;;,.,;";;hi.w;,;;:i..l;;,\;"...,'; ',";;! .,."... ..." );;'~l~;";;"'.>i',;; ,'I' ,':iFt,; ...' it";,...;", ;;,.:".:,,',.'../..;,,,): ;";..,i;.i'.,'.,:;' ",,,,' ,,"'. ".. ;:,<;;;;"i';' ii".,;:...:;.;,;,;,;'.;:>;';,'; ~ """ 'co,,''.,!"', ..',;;' :> ",i} Xi,: to> .,;,,';~j'!r~i';;~;;!~i 1:~:'~;:;2;'; :;~~i?f:~ ~ ;;;,f':'~ ;;;;f;;~::, ,,'5..':;';,;;,,',):.;:..,..;';.'..;;; ,;;,,3',/ I;; i;.,.,;,;f;y::<,'ii;1,:'Cr,;i,r;t'S1;:,'..,.",.'\',";':;;" .- I;;;<;'~'(i. ,i', ~ .....,. !,>,,/ I i 1'17r-- .' 14~~1 ~ i .... ~ ! "'" ~f;;;;l e:=l= -= ....Q !~......-1 _ - ~~.~ w ~ e;r;;: ~ ~ _ ... - ~~ - - I _-... t-;;; ~r= -;: 2llIllI ~:=!~ 10<111'_ 14521-- ------. ----;;; . _ ____-~ ~--MCr.l- St21 B3& i - './5'_ - - - - - - - - - ~ ,. 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I ';;';;,; illiiilL ~ ~ ~ ~ 13147 137M 1 :)oWl T~~ 1~lltr'\a21: . Project Location Map -4-. s Andover Planning -~- REGISTERED LAND SURVEY N0. CITY OF ANDOVER . COUNTY OF ANOKA, SECTION 29, T. 32, R. 24 Exhibit A 1 of 3 I hereby certify that In accordance eith the provislace of Chapter 508. Mkmeeota Statutes of 1949, as amended, I how surveyed the following descrfbed tract M the County of Anoka and the Stab of Minnesota: grtiot A, umDLAND CREEK, accarding to the plat therof on file or of record In the office of the Registrar of Titles, Anoka County, Minnesota. escept that part new platted as WOODLAND CREEK FIFTH ADDITION. AND Outiot A. WOODLAND CREEK FIFTH ADOM ON. Anoka County, Minnesota. Torrans CwtiBCab No. 78582 1 hereby certIfy that the survey sheen herein is a correct delineation of said survey, dated this ,_ day of 200_ Charles R. Christopherson, Land Surveyor, Minnesota License No. 18420 Thh REGISTERED LAND SURVEY was approved and accepted by the Qty Counch of the City of Andover. Mnnesoto, at a reguiw meeting held this _ day of • 200 By. Mayor By This REGISTERED LAND SURVEY has been checked and apProwd this Anoka county Surveyor Clerk _ day of 200_ • f ®� An t or son "'� Br An arson ® kssoc.jnc. — E_ — SHEFT 1 OF 3 SHEETS Cm OF AN TERED LAND SURVEY NO* COUNTY 03F W40')KKA 24 Exhibit A REGIS SZMON 29. T. 32, R. I 2of3 TRACT 29 I MATCH UNE SEE SHEET 2 OF Y. I SK V tt 0 0 1 4 k, \--, —MATCH LINE SEE SHEET 2 OF 3 , X-554fvl � 4 '!!n.IE • Denotes Iron Monument Found * Denotes Iron Monument Set and Marked with Ucense No. 18420 200 0 200 40D S CALE IN SET Scale: I inch = 200 Feet -7- CITY OF AMOVM REGISTERED LAND SURVEY NO* SE COUNTY OF e3 2 CTION 29. T. 82 , R. 24 r r r ! ! 1 2 I / / / / North line of Outlol A I 1 3 l l 5 l 6 /„ l 1 r PARK PARK \ \\ o i I rffurul rE \b SN•a6 SrE .1 a a� -- ;a , y. �s tAA, Nbo d L a° I I i I W I -- pill — 2 I 0: Il I I s I I _ - - - I I ' L —_ -- .0 2rE -- 36aa --- =74'trE $b ° e # 1 n P� I �f i a Jr • Denotes Iron Monument Found o Denotes Iron Monument Set and Marked with License No. 18420 MATCH LINE SEE SHEET 3 -�N k I w f `- ----I �o MATCH LINE SEE SHEET 3 of 3 o I I so I es I ° TRACT � W a 1 I I I I - South line of the Southeast Quarter of the � I J 28 _ _ S Warter of Sulbn 29 — -- - - - - - '"'� line the East Half of the - - — - -I 3233 I �N°rth line of the I \North of Northeast Ouarler of Section 32 Northwest Quarter of Section 33 1 is W� zp I e• p .- . SON La i a Jr • Denotes Iron Monument Found o Denotes Iron Monument Set and Marked with License No. 18420 I N69 I I I sd°tne�q tine or oLu°t I I I f I I I X00 0 200 400 SCALE IIJ FEET Scale: 1 Inch = 200 Feet t baJt o� ^ h. r Exhibit A 3 of 3 • • • -�N k I w f `- ----I �o MATCH LINE SEE SHEET 3 of 3 I N69 I I I sd°tne�q tine or oLu°t I I I f I I I X00 0 200 400 SCALE IIJ FEET Scale: 1 Inch = 200 Feet t baJt o� ^ h. r Exhibit A 3 of 3 • • • 5 0( NO3 FROM: Planning and Zoning Commissioners Courtney Bednarz, City Plann SUBJECT: PUBLIC HEARING Lot Split (02 -13) to subdivide a parcel from the Woodland Creek Golf Course for a proposed urban residential development at 3200 South Coon Creek Drive. DATE: January 14, 2003 INTRODUCTION Olvan properties has requested a lot split to separate a development site for the Woodland Creek Golf Course Villas from the remainder of the Woodland Creek Golf Course. An attached drawing illustrates the 4.08 acre site that is proposed. DISCUSSION • A separate site needs to be created for the proposed development to define the limits of the Woodland Creek Golf Course Villas homeowners association. Comparison to Applicable Ordinances The Zoning of the subject property is R -4, Single Family Urban Residential. The proposed lots conform to the lot width, depth and area requirements of Ordinance 8, Section 6.02 for this district. Easements Easements for the proposed development will be required as a part of the preliminary plat for the Woodland Creek Golf Course Villas. A sixty foot wide drainage and utility easement is being required to facilitate future trunk sewer extension along Coon Creek as a part of the lot split. The easement will be located along the west side of Coon Creek on Tract B. A condition has been added to the resolution to reflect this requirement. An easement is also needed around the south edge of the proposed storm water pond. Sufficient easement is provided on Tract A for this feature, but no easement is shown for the portion of the pond that encroaches onto Tract B. A condition has been added to the resolution to reflect this requirement. • Park Dedication The Park and Recreation Commission has acknowledged that Park Dedication was previously satisfied as a part of the Woodland Estates development. CITY OF AND OVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Trail Fee A Trail fee will be assessed as a part of the preliminary plat for Woodland Creek Golf Course . Villas. Access Acces will be provided to both the golf course and the proposed development from South Coon Creek Drive. A public street will be constructed and 60 foot wide right -of -way will be dedicated as a part of the preliminary plat for Woodland Creek Golf Course Villas. Existing Structures The existing maintenance building and picnic shelter will be removed from the site. A new maintenance building will be constructed to the west of Tract A. Access to the new maintenance building will be provided through the existing access easement that connects to 142 Avenue to the southwest. ACTION REQUESTED The Planning Commission is asked to recommend approval of the proposed lot split with the conditions listed in the attached resolution. Attachments Resolution Location Map Exhibit A - Registered Land Survey Cc: Olvan Properties, P.O. Box 67, Forest Lake, MN 55025 • C� �4 • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR OLVAN PROPETIES TO SUBDIVIDE INTO TWO PARCELS THE WOODLAND CREEK GOLF COURSE LOCATED AT 3200 SOUTH COON CREEK DRIVE LEGALLY AND DESCRIBED AS FOLLOWS: Outlot A, Woodland Creek, Anoka County, Minnesota To be divided into properties to be described as; Tract A, Registered Land Survey _, Anoka County, Minnesota Tract B, Registered Land Survey Anoka County, Minnesota WHEREAS, Olvan Properties has requested approval of a lot split to subdivide property pursuant to Ordinance No. 40, located at 3200 South Coon Creek Drive, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8 and 40, and; • WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested, and; WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding land, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. The applicant shall provide a sixty foot wide drainage and utility easement in favor of the City of Andover on Tract B measured from the 100 year flood elevation on the west bank of Coon Creek as it travels through the property. 2. The applicant shall provide a drainage and utility easement in favor of the City of • Andover on Tract B around the 100 year flood elevation of the proposed storm water pond. 3. The Lot Split shall conform to the lot dimensions described in the attached Exhibit A. 4. Approval of the lot split is contingent upon approval of a Comprehensive Plan • Amendment, Special Use Permit for Planned Unit Development Review and Preliminary Plat. If any one of these applications or requests fails to be approved, in whole or in part, the preliminary plat shall be considered null and void. 2. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City Council of the City of Andover on this day of , 2003. CITY OF ANDOVER ATTEST: Mike Gamache, Mayor Victoria Volk, City Clerk • • -'r- , Woodland Creek Golf Villas 1",..".'..'ii;XiSiXV,},;{,.,,' 'j')';; .( 'f/~0,;; '>,i~i>i.(3\t,:;E'. (.:rJ!,'.'" 4".;;'\, ;i;:.;,;; ',". i', "'h"""""}" ..." fiJi2:.)1;;'ii,;.', i; ',> ;;, \;t~. <;i;',;,;,i;;;;; i'""" 1'!;~:;:;;\;' i~": ;~';:,;iS;;;;;,>';;:i:Y2.;.:;;jF,).; ,'.,,' ..... '0' ."",;,',! ;;;"';;.>"" ~ ;i! ;,).;".,'(;;;uf':> i;;'<~; """,..,,/', .'" ,....'.;",i" ..2'" ,.t;,;;, ,i'..... if;'\!;;';;"">';! ""';,',)/,;;;g:i' ..... ,...;;; ,,;W/;,,!\;;(';;, ,i '",..'......';:;,. rr;;....'..;'.j;'.,..' ",'.,.,.,',,'.".. ..... '2')(;' ""'r--".., '".',.' , ~ ~~ ____ ,; ~/ I i Ii Ii r;~; .', '..,"..'.. I !\l! ~ j _ -' !.no R _ S ;;t {!,;;; ;;;;; ~ . /,,"...---l - - %Z':: = ;;;~ ~ .... "'- ~ -- ~ ... -; ~- -5 _ -:; ~~ :: ..... 145:1 - _ _ - 1_-- -..,...., ~::....,,-:: -- ... - - - - - -. - -3lIilIliI - - - - - -- -- - -- - - - .... - - - ~ ~~ - - - - -- - - - - - - M4 3438~...!!!! -. 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I i II! .!..!..!~ ~ ~ ~~ 1374713758 348iiI l:m&_"'\ I Itlll!l ~'12 . Project Location Map 4' . Andover Planning -s-- REGISTERED LAND SURVEY Noe CITY OF ANDOVER COUNTY OF ANOKA SECTION 29. T. 32, R. 24 I hereby orUry that In occrdance With the provt 0 of Qmptr 508. Mkmesob Statutes of 1949. es mn d ende 1 how eurveysd the to8owlnq described tract in the Coanty of Anoka and the State of Misnseata: � t WOOM AND K q to the plot throf an Na of of record In the of9eo of the Reglotrar of Titlee, Mako County. Mlmesota. a WOODLAND CREEIf FWW Aod 710PL AND OuBei A, WW LAND CRM WIM ADDI710N. Anoka County, Mkmesoto. Tarrsm Crtvicee Ma, 78592 1 hereby car" that the survey thou" herein Is a aarroat delineation of sold wrwy. doted this — day of Charles R. Chrmop� Lornd Surveyor, Minnesota !lames Me. 18420 This ItEMS70ED LAND St1RVEY rrae °W n d and ac cepted by the City Cwncl of the City of Andover. Minnesota, a t a regular meeting hold this __ day of - 2WD By. Mayor By This RECAS7ERED LAND SURVEY has been checked and approved this Anoka County Surveyor day of J 200_ Clark • • ,' 11 u MIR Hodo on Ha arson kssoc.,lnc. .,HEFT 1 OF 3 SHEETS I REGISTERED LAND SURVEY N4. • 14 , p f f ro '1 I I MATCH LINE I SEE S14EET 2 OF 3 a ' �M1 b 4 i =} p >•! • Denotes iron Monument Found o Denotes Iron Monument Set and Marked with License No. 18420 CITY OF ANDUVE4 COUNTY OF ANOKA SECTION 29, T. 32. IL 24 a' _ —_ �NDT85 eo.e! `-c N1T23 WE N22 W <TE MATCH LINE sEE s31EET z OF 3 I I � I i I i i I I I I I � I I I I TRACT 8 ,_ r-- - ----- 32 33 I i I � I L i) 4 T • Denotes iron Monument Found o Denotes Iron Monument Set and Marked with License No. 18420 CITY OF ANDUVE4 COUNTY OF ANOKA SECTION 29, T. 32. IL 24 a' _ —_ �NDT85 eo.e! `-c N1T23 WE N22 W <TE Crff of MMOVER REGISTERED LAND SURVEY NO* SE COUNTY CTION 29e . .N O SH T. 32, R. 24 If / 1 North line of Outlot A I / 3 / a PARR I I (QTY ?ARK \ \\ a,o.w— rm 3 -. 1 a- e 1 �6 r ,eoitln0 C 1 — — — 1 = r LJ I I Ld I � t0I I °I I I a I I ° io JW 9 � ae / D1Q% i f a x �-/ ei MATCH UNE,,—/ a` SEE SHEET 3 Wo m V Yr D 4 , dew W o �o' MATCH LE CFF SHFFT 3 of IN 3 4 I, t 5 5 I e5 I a� s e I TRACT B we i l \ I I I I � I I South IM of the southeast 0"tor of the 29 2l3 I Se _ ^ _ S ouths o_el_ Ouarlr r of ction 29 — — Half the — _ 32133 North line of the North line of the East of Northeast oumter of Section 32 North eet Ck wier of section 33 I iV I o i Wa 5n I iM 58N 9. I tl �-/ ei a�h 1 tl2 a` Wo •O O H , % dew W o �o' MATCH LE CFF SHFFT 3 of IN 3 / i / e Denotes Iron Monument Found o Denotes Iron Monument Set and Marked with License No. 18420 Dine of O�Hot g 2 nd �dd•'u:'1 I I I I lo e` H 200 0 200 400 SCALE IN FEET Scale, t Inch = 200 Feet 5 �J a r • is 0 I • CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planne� SUBJECT: PUBLIC HEARING Special Use Permit (02 -14) for Planned Unit Development Review and Area Identification Sign for Woodland Creek Golf Course Villas at 3200 South Coon Creek Drive. DATE: January 14, 2003 INTRODUCTION The Planning Commission is asked to review a Special Use Permit request to develop a Planned Unit Development (PUD) consisting of 11 detached townhouse units on approximately four acres of the Woodland Creek Golf Course. Approval of the Special Use Permit will allow the development to be constructed according to alternative development standards created specifically for this development. Planned Unit Development Review focuses on the following elements of the project: • Development standards (lot size, dimensions and setbacks) • Design of the units (Overall design and exterior materials of the structures) • Landscaping Plan • Area Identification Sign • Association Documents DISCUSSION Associated Approvals All of the following items must be approved to allow the development to be constructed. A Comprehensive Plan Amendment is needed to bring the proposed project area into the Municipal Urban Service Area (MUSA) and assign an Urban Residential Low Density (URL) designation to the project area. 2. A lot split is needed to separate the proposed development site from the rest of the golf course property. A preliminary and final plat for the proposed Woodland Creek Golf Course Villas project will also need to be approved. Applicable Ordinances Ordinance No. 112, regulates Planned Unit Developments. The development standards, design • of the units, landscaping, area identification sign and association documents are reviewed as a part of this process. This zoning provision seeks to achieve the following: 1. Attaining a higher standard of site design and development that cannot be accomplished under strict adherence to development ordinance provisions. 2. The preservation and enhancement of desirable site characteristics such as natural topography, woodlands, geologic features and the prevention of soil erosion; 3. A more efficient use of land resulting in smaller networks of utilities and streets thereby lowering the development costs and public investments; 4. A development pattern in harmony with the Andover Comprehensive Plan. (PUD is not a means to vary applicable planning and zoning principles.) The proposed project area is currently open space that contains a utility building, picnic shelter and general storage. The area is divided from the adjacent City park and residential properties to the northwest with a significant amount of trees and vegetation (see attached photographs). The proposed project will consist of one level luxury single family townhouses with over 2,300 square feet of finished living space per dwelling. This is a different type of housing that can help to achieve the life cycle housing goal called for in the City's Comprehensive Plan. Strict adherence to the R-4 standards would not preclude this development. With one lot removed and a few feet of lot depth added, the development could meet the standard R -4 requirements. Adjacent Residential Properties There are residential properties to the immediate northwest of the proposed development. The owners of the first two properties have indicated that they are opposed to the proposed development. Minutes from the sketch plan public hearing are attached to detail comments made at the meeting. DEVELOPMENT STANDARDS A table is included in the attachments to illustrate the design standards of other townhouse developments in Andover. Lots The lots for the townhouses would be 59 feet wide by 73 feet deep (4,307 square feet) and just large enough to contain the townhouse structure with the remainder of the property treated as a common element of the homeowners association. A provision of the association documents would prohibit future additions to the structures. This change is viewed as positive by staff because it maximizes the amount of common open space and will allow uniform maintenance in harmony with the golf course. If the common open space were divided into individual lots, 2.78 acres would be divided into 11 • lots with an average lot size of 11,000 square feet per lot. A typical lot would be approximately 73 feet wide by 140 feet deep. • Setbacks R -4 Require ent Proposed Front Yard 35 Varies from 25 to 35 feet from front of structure to right-of- way. Distance to street ranges from 35 to 50 feet. Rear Yard 30 Ranges from 30 to 75 feet from rear of structure to shared border with golf course. House Side Yard 10 20 feet between living areas Garage Side Yard 6 12 feet between garage areas Corner Side Yard 35/25 NA As the table indicates the proposed front yard setback will vary from 25 to 35 feet to allow some differentiation between the units. The distance from the front of the units to the street will range between 35 and 50 feet. This setback is similar to those in other townhouse developments and appropriate for the proposed project. The proposed development will meet the rest of the applicable setback requirements of the R -4 Zoning District. DESIGN STANDARDS Townhouse Units The units have a one level design with approximately 2,300 square feet of finished living space. Elevations and floor plans for the proposed structures are included in the attachments. The association and golf course would have an agreement to allow emergency shelter to be provided at the clubhouse. The Exterior of the Townhomes The exterior finishing materials of the townhouses will include brick and vinyl siding. The garage doors will be steel with a raised panel. A decorative louver will be located on the front garage elevation. Three gables are indicated on the front of the building in an attempt to break up the roofline. Changes to the attached building elevations are as follows: 1. The columns on the front elevation will be finished with brick. 2. The front doorway of each unit will be framed with brick. Ordinance 205 prohibits adjacent structures from being similar in design and exterior appearance. Although the color of the exteriors will be different, the exterior design will be the same for all the units. A variance to Ordinance 205 is needed to allow this to occur. LANDSCAPING PLAN • A detail of the landscaping around the base of the units is provided in the attachments. A variety of plant material and landscaping features such as a fountain and landscaping stones are used to complement the structures. The front yards provide one overstory tree per unit. The right -of -way on the north side of the proposed right -of -way will need to be cleared of the existing vegetation to allow the street and • utilities to be constructed. The existing vegetation in Creekridge Park will remain. Ornamental arborvitae trees would be used to screen the lift station to be located on the north side of the proposed roadway. The applicant has asked to work with the Park and Recreation Commission to determine what other types of landscaping adjustments can be made to improve the north side of the proposed roadway. Screening between the golf course parking area and Lot 1 will be provided with eight foot tall arborvitae plant material. The rear yards are proposed to consist primarily of mature evergreens that will remain or be relocated from other areas of the site. Twelve additional trees are proposed to provide tree cover in other areas of the rear yards. The rear yard landscaping is deficient, especially from lot 1 to Lot 5 and between Lots 9 and 10. The evergreen trees will separate the golf course from the proposed development, but the remaining 12 trees will not provide a level of landscaping that is similar to other townhouse projects that have been approved in the past. The applicant has stated that it is their intent to preserve views of the golf course. Staff is recommending that one additional overstory deciduous tree be added per unit (11 trees). There will be above ground utility equipment in the front yards of the proposed development. Staff recommends that these structures be contained within a planting bed with low growing shrubs and other landscaping elements to soften their appearance. 0 AREA IDENTIFICATION SIGN A detail of the area identification sign is attached. The sign would be a monument design within a landscaping bed with low growing shrubs. A small portion of the planting bed will encroach into the proposed right -of -way. This is acceptable provided a clear view triangle is maintained with the access to the golf course parking area. The sign also would cross the proposed property line between the proposed development and the golf course. The golf course will grant an easement through a separate document to allow this to occur. The sign would be maintained by the homeowners association. ASSOCIATION DOCUMENTS The Articles of Incorporation, By -laws and Declaration of Covenants, Conditions and Restrictions regulating the properties and maintenance of common areas are being reviewed by the City Attorney. A provision to allow the City access to the property for utility and storm water maintenance will be provided. Attachments Resolution Resolution - Exhibit A — Woodland Creek Golf Course Villas Development Standards Location Map Exterior Elevations and Floor Plan (11x17 in packet) • Landscaping Plan (full size in packet) Townhouse Comparison Chart Sketch Plan Minutes • ACTION REQUESTED The Planning Commission is asked to recommend approval or denial of the proposed special use permit subject to the approvals listed above and included in the attached resolution. Re ct 1 bm arz ' Cc: Olvan Properties, P.O. Box 67, Forest Lake, MN 55025 • 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -03 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF OLVAN PROPERTIES FOR A PLANNED UNIT DEVELOPMENT FOR A RESIDENTIAL DEVELOPMENT CONSISTING OF SEVEN (7) TOWNHOUSE UNITS TO BE KNOWN AS THE SUBDIVISION OF "WOODLAND CREEK GOLF COURSE VILLAS" ON PROPERTY LEGALLY DESCRIBED AS; Outlot A, Woodland Creek, Anoka County, Minnesota WHEREAS, Olvan Properties has requested a Special Use Permit for a Planned Unit Development for a residential development consisting of seven townhouse units to be known as the subdivision of "Woodland Creek Golf Course Villas" pursuant Ordinance No. 112, An Ordinance regulating Planned Unit Developments on the property legally described above, and; WHEREAS, The Planning Commission has reviewed the request and has determined that said • request meets the criteria of Ordinance No. 8, Section 5.03, Special Uses and Ordinance No. 112, An Ordinance regulating Planned Unit Developments. WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, a public hearing was held before the Planning and Zoning Commission and there was no opposition to the request; and WHEREAS, The Planning Commission is recommending to the City Council the approval of the Special Use Permit for the Planned Unit Development as requested. WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves a Planned Unit Development for Olvan Properties on said property with the following conditions: The applicant shall revise the building elevations to reflect the changes discussed in this report before this item will be reviewed by the City Council. 0 • 2. The development shall conform to Ordinances No. 8 and 10 except for development standards listed on Exhibit A, `Woodland Creek Golf Course Villas Development Standards'. Exhibit A shall regulate when in conflict with Ordinances No. 8 and 10. 3. The Special Use Permit for the Planned Unit Development shall be contingent upon the approval of the Comprehensive Plan Amendment, Lot Split, and Preliminary Plat of Woodland Creek Golf Course Villas. If any one of these applications or requests fails to be approved, in whole or in part, the special use permit shall be considered null and void. 4. A property owners association shall be created with the following documents provided to the City Attorney for review and approval prior to being recorded with the final plat in accordance with Ordinance No. 112: a. Articles of Incorporation b. By -laws of the association c. Declaration of covenants, conditions and restrictions regulating the properties, maintenance of the common areas. 5. A variance is granted to Ordinance 205 to allow the structures to be similar in design and exterior appearance. 6. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No. 8, Section 5.03(D). Adopted by the City Council of the City of Andover on this day of 1 2003. ATTEST CITY OF ANDOVER Victoria Volk, City Clerk Michael R. Gamache, Mayor CJ Exhibit A Woodland Creek Golf Course Villas Development Standards • Minimum Lot Dimensions and Area Minimum Lot Width 59 feet Minimum Lot Depth 73 feet Minimum Lot Area 4,307 square feet Minimum Setbacks Front Yard 25 -35 feet Rear Yard 30 -75 feet House Side Yard 20 feet between living areas Garage Side Yard 12 feet between garage areas Townhouse Units The Townhouse Units and all exterior materials shall be constructed to match the elevations and • floor plans stamped received by the City of Andover January _, 2003 and approved by the City Council on January _, 2003. Landscaping Plan The Landscaping Plan shall conform to the plan stamped received by the City of Andover January_, 2003 and approved by the City Council on January Area Identification Sign The Area Identification Sign shall conform to the plan stamped received by the City of Andover January _, 2003 and approved by the City Council on January _, 2003. • -- --- Woodland Creek Golf Villas /'....'...'.'.,.;;;c.,'.'.,"'..'.'.., ',;i,."""....,."".....,....',.,,;i;i""c:.i{~~\'.~'~~ ;;~< ~/"" X..i' ',.,;'\';""</j.,;</"',.,'/,.,'..\';';',.....I..II1I'..'j ...., IlE ",'ii"", .>.'."c<<',.,...,. ""', "j),>\' "(>~'1 I(':i,j"p/", if t!j:!:;,'i'..';;..;... I .. ./., .", ;;:,{"C ..... " '{ii">;; ""i'.::.".;,.. '~ :i\',." r}', Il~f~!1 ,;;f/E~;i?:'~'i:~\.;.;'/:i.y .f'.!?';.,;,,;,'..; ~y ";!i..i;:,,';;,:i""";;'>.'~J'.'.,"' ," .';' __ ""<.';;',ii." ..', , ffui,)'!l,;"..'..'";'ii,,,., "...;~.;.'7 / ~ 'v w. ..,'.;.'. ".';;;, .' 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Commissi er Kirchoff stated that looking at some of the issues brought fo d the last time this was fore them, there was a lot of concerns from the neighbo ood and he wanted to comm d the developers for coming forward with this pro sal because it seems to alleviate a concerns in the neighbor. It has what can be done and still makes some g d use of this property. Commission irchoff stated he liked the looks of the plans. Commissioner Falk stated he agr' d that they had ay�ry good plan because the previous plan was very dense and this one is t. Motion by Greenwald, seconded by Larse o recommend to the City Council approval of Resolution No. , approving the el' Plat of a single family residential development to be known as Foxb Crossing Grand Teton Development on property located at 1703, 1663 1653 Andover Bo evard. Motion carried on a 5- ayes, 1 -nays (Daninger), 1 -a nt vote. Commissioner Green d stated it said somewhere that they w d be required to move trees, if need be an e asked if the couldn't just take a tree down d replant new ones, • because some o em were pretty large. Mr. Bednarz stated the deve er has indicated and save as many tree they would to move s as possible but some larg trees would be fednarz stated that this item would be before the Council at the October 15, Council meeting. 10 PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR A SINGLE FAMILY DEVELOPMENT TO BE KNOWNAS WOODLAND CREEK GOLF COURSE VILLAS LOCATED AT 3200 SOUTH COON CREEK DRIVE. Mr. Bednarz explained that the Planning Commission is asked to review a sketch plan for a housing development containing 11 urban residential lots. Mr. Bednarz stated the proposed site is designated Urban Residential Low Density in the Comprehensive Plan which carries a maximum density of four units per acre. The proposed housing development would have a density of 3.96 units per acre. He went on to summarize the staff report and indicated the following: 1. The property is located outside the Metropolitan Urban Service Area (MUSA). A minor Comprehensive Plan Amendment will be necessary to allow the project to move forward. Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2002 Page 8 2. The property is currently zoned Single Family Urban Residential (R -4), which • carries a minimum lot width of 80 feet and a minimum lot size of 11,400 square feet. The proposed project would require Planned Unit Development Review to reduce the lot sizes and setbacks from the typical R -4 standards. Commissioner Gamache asked if the needed to approve a variance for each lot because they are under square footage and lot width. Mr. Bednarz stated this is not the approach they would propose. If the Commission and Council is amenable to a smaller lot size, that could be achieved by allowing planned unit development review, which essentially would set different standards for this development. Motion by Greenwald, seconded by Larsen, to open the public hearing at 7:39 p.m. Motion carried on a 5 -ayes, 1 -nays (Daninger), 1- absent vote. Mr. Gary Thielen, 3324 South Coon Creek Drive stated there were going to be two homeowners properties affected by this. He stated he is concerned with the value of his property and according to the tax assessor; he would have at least a thirty thousand -value loss in his property if this development were to occur. He stated he has been a resident of Andover for fourteen years and he thought they had an Ordinance that stated no two houses by each other can have the same house front and is this one of the many waivers they would need to get in order to get this approved. He stated the road is on private property and he was told many times before that the City couldn't do any thing to improve the value of someone's property. Mr. Thielen stated they are also talking about putting a restaurant and bar in the clubhouse, which is next to a City park. He stated the lift station is a concern because it is a property value concern. He stated he talked to Mr. Bednarz last week regarding the letter he received regarding the hearing and Mr. Bednarz told him at that time that this was the first he had heard of the development and then at the meeting last night Mr. Bednarz told them the City had been working with them since April. Mr. Bednarz stated that what was indicated on the phone was when they received the proposal, they send out a public notice. Mr. Thielen asked how many projects is he working on now without the residents knowing. Mr. Bednarz stated he gets inquiries daily regarding a variety of properties. Mr. Thielen stated when Mr. Charen had his public hearing on getting permits to add to his house a couple of months ago, obviously they have been working on this since April, a lot of the permits had to be issued over the four month period and why was Mr. Charen not informed at that time of a proposed development going in behind them. Mr. Bednarz stated there was not consideration of a development at that time. Mr. Mike Cbaren, 3336 South Coon Creek Drive, stated he would be the other property directly affected by the rezoning and he also has a golf course lot and if this goes in, they will be directly cut off from the golf course. He is concerned about what this will do to . the value of his property. Other concerns are the positioning of the lift station, which will Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2002 Page 9 • be less than 100 feet away from his property. He stated he has a lot of questions about the sewer being shallow and possibly backing up into his property. Another concern is the traffic increase around his house and disruption of wildlife. When he took his permit out, he would have appreciated a notice of this then. There are other areas on the club property to place the units. The size of the units would create a wall instead of a nice view from his property to the golf course. He stated he did understand development and their concerns in wanting to develop the property, but if this does move forward, he would like some help with property values instead of being cut off. Mr. Jonathan Jasper, 14197 Orchid Street, stated he is in one of the two houses located closest to the development and he has grave concerns regarding this plan. He stated the lots and houses are larger than average for this community and they have a lot invested in where they are living. All the lots are substandard and smaller in size and width than the neighborhood and they are incompatible with the neighborhood. He stated that adding eleven small townhouses that are identical and built on slabs, takes away from that development and takes away the value of development. He stated there is concern with the length of the cul -de -sac and the overall plan of the City. He stated that what they end up with is eleven smaller houses on eleven smaller lots that are going to directly affect the value of their development. Mr. Jasper stated that the meeting last night was very informative and he appreciated it. He stated there were some specific concerns that he raised last night and one was S neighbors were concerned about values. He stated he researched the cost of different golf courses with townhomes on them. He stated that townhomes on Majestic Oaks sells for $69 a square foot and if a basement were not included would sell for $139 a square foot on a better golf course. He stated he was told that this would enhance the value of the neighborhood because these would be high -end townhouses but he did not know how they could charge more for their townhouses than a better golf course could. He stated that based on his research today, they cannot meet the evaluations. He stated he did not buy his house only to have a development built by him on the golf course. He stated this was not the intention of the original developer on this property. Mr. Ron Vanelli, developer along with Mike Olsen stated they have been in the Golf Course and restaurant business since 1989. He stated that what they are trying to do with Woodland Creek Golf Course is to upgrade and improve the course. He stated they purchased the property this spring and he did not know what the development that was already there was like. He stated their long -term goal is to create a restaurant facility on this property. He stated there is expense involved with this because the original facility was never set up to be used as a restaurant/club house. He stated they wanted to make this a community beacon the community can look up to. He stated that after they were involved for a while, they started to look at the possibilities of upgrading the property and one option that came up was the possibility to put some houses on the golf course. He stated they have gone to considerable expense with surveying. He stated these are not • townhomes; they are single - family villa style homes, directed at retired persons. Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2002 Page 10 Acting Chairperson Daninger left the meeting at 8:00 p.m. Commissioner Kirchoff • stepped in as Acting Chairperson for the rest of the meeting. Mr. Brian Johnson, Hawkins & Anderson, stated the Villas are laid out on the north edge of the golf course and the entrance that is used for the golf course would be improved and the street installed would be a City designed and installed project and so would the utilities under a public improvement project. The parking lot for the golf course will be improved along with the improvements to the roadway. The utilities, sanitary sewer and water way would hook up in the northeast comer of the existing city park and would require a lift station. He stated the City would design the lift station and install it. The design of the development is very compact for detached townhomes. The setbacks are ten feet to the living areas, six foot to the garage areas, similar to other developments in the City. The public street length is approximately 700 feet. He stated its features would be an association maintained development and the private property would be maintained by the association and there would be standards for building materials and treatments for the exteriors and treatments of the landscaping. He stated the drainage in the City park would be maintained by a pipe system and ponding which would be located to the south side of the project to control the flood elevations and increased runoff from this site. Commissioner Greenwald asked for this development to work out, would they need it to be eleven townhomes. He also asked if the street needed to be seven hundred feet in length and where would the lift station be situated. Mr. Johnson stated with the design it would be a single loaded street and there would be eleven units on the street. He stated the city park would never be developed, as far as he knew. The utility costs for this project and the addition of a lift station are unique to this site. In regards to the lift station and speaking to Mr. Haas, if a lift station were placed on the west side, it could be a permanent lift station and a temporary lift station placed on the east side, depending on future decisions by the City Council. Mr. Vanelli stated the driving number is the utilities. Ms. Sharon Hams - Vanelli, Edina Realty, stated in regards to the values of these homes, they would be looking at a unique buyer for these homes. She stated these homes would have a lot of nice amenities which would dictate a little higher price and there would only be a few of them so this would, bring the demand up. She stated she did some research on townhomes around other golf courses in the area and they range from $275 to $325 in price. She stated she thought these homes would be very saleable. Commissioner Gamache asked if the homes that have sold are twenty -four foot on slab townhomes. Ms. Harris -Vanelli stated most are slab on grade with no basements and most sold have only a two -car garage where these have three car garages. Commissioner Greenwald asked if they have done any valuation studies within the area. Ms. Harris - Vanelli stated that with the homes around the golf course, there is nothing like • i Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2002 Page 11 • this there so it is difficult to find a comparable for this but she thought the market would be there for them. Commissioner Greenwald stated one of the residents that came up would lose $30,000 value in property because no logger would his lot be on the golf course. Ms. Harris - Vanelli stated she did not know, but it is a possibility. Commissioner Larsen asked Ms. Harris - Vanelli if she had done some comparables to Majestic Oaks or other golf courses. Ms. Hams - Vanelli stated she had done some comparables on Majestic Oaks and other areas in the area such as Ham Lake. Mr. Byron Westlund, Woodland Development Corporation, stated the cost per square foot is not what Mr. Jasper indicated, he stated they are well over $100 per square foot and does not include the lot. He stated that Mr. Bednarz has done an excellent job and he called on him many times for advise on properties. He stated he is not for or against the development. He stated that the residents have issues about property values but the golf course owner also has the right to use their property as they see fit. Mr. Mike Olsen, part owner of the golf course, stated when they designed this unit, they took into consideration everything around the golf course. They tried to design a unit that would be compatible with all the houses around the golf course. He showed a sketch of the units proposed. He stated that with a well - designed landscape plan for all the units, it will not look like a row of villas and they feel this would be a nice addition to the community. Commissioner Greenwald asked if this design is like the ones they developed in Forest Lake. Mr. Olsen stated it is not and this plan is original to this development. Commissioner Larsen asked where the proposed restaurant would be in respect to the plan. Mr. Olsen stated it would remain in the same clubhouse and they are looking at remodeling. Commissioner Greenwald stated he liked the looks of the units. Mr. Vanelli stated when they developed this, they did not look at the houses that were affected by this and they would like to work with the people in the development. Ms. Vicky Larsen, 14229 Quay Street NW, stated she had some comments and one regarding property value. She stated they just refinanced their home and the appraiser told them that they did not need the full appraised amount because if they would sell the house, they would not have a problem because they have a lot on the golf course. She stated she did not understand why the City would make so many waivers to the current ordinances to allow this project. She stated that what she was told the maintenance building would be moved and there would be a service road put in and she wanted to know where it would go. Mr. Olsen stated it is proposed for the far west part of the property. He stated they have a twenty -foot easement coming out of the fifth addition of Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2002 Page 12 Woodland Development and they would propose to make a cart path for the workers to • get to work because the maintenance building would be put in the far northwest comer of the property. Commissioner Gamache asked if this road was part of the proposal. Mr. Bednarz stated it was not but it would force the utility building to move because that is where the proposed structures are to go. Commissioner Kirchoff asked if the road would be tied into any outside streets. Mr. Olsen stated they would have to come off of 142 and it is already set up for that. Ms. Larsen stated that this land is not all swamp and wetland because her house is back there. Ms. Larsen stated this is not a large golf course in that area and the proposed houses would be close to the fairway and she did not know if there were any regulations regarding this. She stated there is value in the fact that you live on the golf course and she does not like the idea of a service road butting up to their property and she does not like all the variances proposed for the development of the houses. Commissioner Kirchoff stated this is a Planned Unit Development and with a Planned Unit Development, there is some give and take and the City has some authority with a PUD. Mr. Bednarz stated planned unit development is intended to get a better product than if they used a straight zoning district. He stated the City does have the ability to • require amenities or landscaping or different features through the PUD that they would not have with a straight zoning district. He stated the purpose of Planned Unit Development is not to abuse the lot sizes to cram units in. Mr. Jasper stated the access road, the cart path is where all the neighborhood storm drains drain and his concerns are the golf course floods two to three times a year already and there will be a road with additional traffic coming off of 142 Avenue. Motion by Greenwald, seconded by Gamache, to close the public hearing at 8:34 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Daninger and Squires) vote. Commissioner Gamache asked what is the area zoned. Mr. Bednarz stated the current zoning is R-4. Commissioner Gamache asked if there is a variance needed for the service road. W. Bednarz stated they would need to get a building permit to reconstruct the building in a different area. He stated the City with a Commercial Site Plan review of the project could put conditions or require screening. Commissioner Kirchoff asked if the entire golf course zoned R -4. Mr. Bednarz stated this is correct. Commissioner Kirchoff stated in theory the entire golf course could be residential and turned into a housing development. Mr. Bednarz stated most of the golf course is in the flood plain so most of it could not be built upon. • Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2002 Page 13 • Commissioner Greenwald stated he would never approve this based on the fact that road is over seven hundred feet and also because it is affecting residents values on their homes. He stated he would suggest they move the driveway east and he would recommend the developer look at two things, a shorter cul -de -sac and if there was any way to work with Mr. Bednarz so they could change the entrance and move it down a hundred feet. Commissioner Gamache stated as a golfer he hates the idea of having houses on a golf course but they do have the right to develop their property and he sympathizes with the residents. Commissioner Kirchoff stated the precedent has been set with the longer cul -de -sacs approved previously. Commissioner Greenwald stated that he did not think they ever approved a longer cul -de -sac when it affected the surrounding properties so much. He stated to approve a variance of that, knowing that they are affecting two citizens is tough. Commissioner Kirchoff stated he would agree with Commissioner Gamache on this. Commissioner Larsen asked as a citizen what would be their legal rights against the City. Commissioner Gamache stated if the plan were approved down the road, is there any legal recourse the citizens have against the City. Mr. Bednarz stated it would be a question for the City Attorney. • Commissioner Falk asked if they wanted to table this for more information. He stated he wanted to'recommend they remove one structure to get the lots back to what they should be in an R4 development. Commissioner Kirchoff stated that if they were going down to ten units, there would not be a PUD. Commissioner Greenwald asked if it increases the value to Andover by putting the homes in. Commissioner Gamache stated that it would bring more taxes into the City. Commissioner Kirchoff stated it could also bring in more revenue by having the restaurant in the clubhouse and may be a plus to the neighborhood. Commissioner Greenwald stated if it did not affect the residents around this, he would not have a problem with approving this. Commissioner Larsen stated she agreed and would like to have the development moved a little closer to the clubhouse. Commissioner Gamache asked if by taking one home out of the plan, could they meet the R -4 requirements. Mr. Bednarz stated they likely could with a variance to cul -de -sac length. Commissioner Gamache asked if it would also take away the PUD on the property. Mr. Bednarz stated there would be no reason to pursue PUD review if the development were required to meet the R -4 standards. He stated that staff believes the lot size is appropriate for this type of development and that although the developer has used that reduced lot size to shoehorn in another unit, one unit could be removed and the space . gained could be used to create a better development Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2002 Page 14 Commissioner Kirchoff asked how long the golf course has been there. It was noted the • course has been there fourteen years. Motion by Gamache, seconded by Falk, to recommend to the City Council approval of Resolution No. , approving the Residential Sketch Plan for a single family development to be known as Woodland Creek Golf Course Villas located at 3200 South Coon Creek Drive and to remove a house from sketch plan and have the developer make the lots conform under the R -4 zoning district. Motion failed with 2 -ayes ( Gamache, Falk), 3 -nays (Greenwald, Larsen, Kirchoff), 2- absent (Daninger and Squires) vote. Commissioner Kirchoff stated that by eliminating a lot, they could still be under the PUD. Commissioner Gamache stated he would like the developer to make the lots eighty feet wide and the only variance needed would be for the longer cul-de -sac. Mr. Thielen stated he is sitting in a house that cannot be sold and if the development happens, he may as well bum it down because he will be economically bankrupt if this goes through. Commissioner Falk asked Mr. Thielen to sit down. Commissioner Gamache stated what his informal advisement would be is to see if there is anything that can be done to make this work without affecting the two residents. Commissioner Larsen agreed. Mr. Bednarz stated that this item would be before the Council at the November 6, 2002 • City Council meeting. METROPOLITAN COUNCIL'S "DRAFT" 2030 Mr. Bedn tated the Metropolitan Council has prepared a "Draft" 30 Blueprint for growth and dev ment for the Twin Cities. The document major policy areas that are being revised inc ing: • Allocation of Fo asted Giro • MUSA Policy • Rural Growth Poli ' s • Housing • Natur esource Protection • I ementationsBenchmarks Mr. narz discussed the policy areas that were summarized in ssociation of tropolitan Municipalities (AMM) summary. OTHER B USINESS. • • CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. * ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Plannwu_ SUBJECT: PUBLIC HEARING: Preliminary Plat for Woodland Creek Golf Course Villas for Olvan Properties at 3200 South Coon Creek Drive. DATE: January 14, 2003 INTRODUCTION The Planning and Zoning Commission is asked to review a preliminary plat for Woodland Creek Golf Course Villas, an 11 lot urban subdivision. DISCUSSION Review Process Ordinance 10 outlines the requirements for preliminary plat review. The Planning Commission shall determine whether the proposed subdivision is in conformity with the Comprehensive Plan, and shall take into consideration the requirements of the City and the best use of the land. Particular attention shall be given to the arrangement, location and widths of streets, drainage and lot sizes. 9.02, 9.03 Street Plan Access would be provided from South Coon Creek Drive as indicated on the attached drawings. The proposed street would be widended at the intersection to allow one entrance and two exit lanes. The existing driveway to the golf course would be reconstructed within the existing 60 foot wide access easement through the City park. The roadway would turn west and extend approximately 720 feet into the site before terminating in a cul -de -sac. The street and associated right -of -way will conform to the City's urban local street requirements (33 feet wide within a 60 foot wide right -of -way). A variance to the 500 foot maximum cul -de -sac length of Ordinance 10, Section 9.03 is needed as a part of the preliminary plat. Staff would support a variance to the 500 foot maximum length due to the fact that there is no feasible way to loop the street back out to South Coon Creek Drive and the remaining developable land could not be accessed. Also, reducing the length of the street to 500 would minimize the space between the first unit and the golf course parking area. 0 Pedestrian Access A trail will be constructed along the south side of South Coon Creek Drive as part of a future • public improvement project. The developer is proposing an eight foot wide bituminous trail from the intersection with South Coon Creek Drive to the parking area for the golf course. The trail would be located on the east side of the intersection. Construction of Improvements The applicant will petition the City for the construction of connections to water and sewer service. 9.04 Easements A twenty -foot wide drainage and utility easement will be located between units 5 and 6 over storm water conduit to be installed as a part of the public improvement project. An additional easement will cover the retention area at the south end of the site. Right -of -way for the proposed street will be dedicated to the City. A blanket access provision will be included in the association documents to allow the City access to other areas of the site. 9.06 Lots The proposed project is seeking Planned Unit Development review as a part of the Special Use Permit. This permit would allow different development standards from the typical R -4 requirements as discussed in that report. Buildability requirements of Ordinance No. 10 Section 9.06a(1) All lots are required to meet the provisions of Ordinance No. 10, Section 9.06a(1) which relates to buildability requirements. The applicant has demonstrated that each of the lots will be buildable. Wedand/Storm Water Pond Buffer Ordinance 114, Wetland Buffer, further regulates lots adjacent to wetlands and storm water ponds. This ordinance requires a minimum of 116.5 feet between the front property line and either the delineated edge of a wetland or the 100 year flood elevation adjacent to a storm water pond. All of the proposed lots will meet this requirement. Drainage Facilities Storm water from the development will generally be routed to a new storm water pond at the south edge of the development. An overflow connection will be established with the existing storm water pond on the golf course as indicated on the attached grading plan. Existing Structures The picnic shelter and maintenance building will be removed to allow the project to be constructed. The maintenance building will be reconstructed west of the proposed development. A driveway access will be created to 142nd Lane NW through an existing easement. The design and construction of these features will be regulated by the Commercial Site Plan Review Process. • • 9.07 Parks, Park Dedication The Park and Recreation Commission acknowledged that park dedication has been satisfied for the entire golf course property. A trail fee will be required to be paid based on the unit price in effect at the time of final plat approval. The developer is also required to meet the following City Ordinances and all other applicable ordinances: Ordinance No. 8, the Zoning Ordinance Ordinance No. 10, the Platting and Subdivision Ordinance Ordinance No. 107, Shoreland Management Ordinance Ordinance No. 108, Flood Plain Management Ordinance Ordinance No. 114, Wetland Buffer Ordinance Ordinance No. 214, Diseased Shade Tree Ord. & Tree Preservation Policy Coordination with other Agencies The developer and/or owner is responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District, Minnesota Pollution Control Agency, LGU, Anoka County Highway Department and any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding this item. Attachments Resolution Location Map Preliminary Plat (full size in packet) Grading Plan (full size in packet) Site Plan (full size in packet) Utility Plan (full size in packet) Sketch Plan Minutes ACTION REQUIRED The Planning and Zoning Commission is asked to recommend approval of the Preliminary Plat for Woodland Creek Golf Course Villas subject to the conditions of the attached resolution. Respectfu y submitted, o y e ar Cc: Olvan Properties, P.O. Box 67, Forest Lake, MN 55025 11 CITY OF ANDOVER COUNTY OF ANOKA • STATE OF MINNESOTA RES. NO R -03 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WOODLAND CREEK GOLF COURSE VILLAS" FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS; Outlot A, Woodland Creek, Anoka County, Minnesota WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 10, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the applicant has requested a variance to the 500 foot maximum cul-de -sac length . provided in Ordinance 10, Section 9.03 to allow a cul -de -sac that will measure approximately 720 feet in length; WHEREAS, the City Council finds that the special circumstances for the proposed variance are as follows: 1. There is no feasible way to loop the street back out to South Coon Creek Drive. 2. Without the variance the remaining developable land could not be accessed. 3. Reducing the length of the street to 500 would minimize the space between units and lead to an undesirable project design. WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the plat, and; WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the preliminary plat with the following conditions: 1. Approval of the preliminary plat is contingent upon approval of a Comprehensive Plan Amendment, Lot Split, and Special Use Permit for Planned Unit Development Review. . If any one of these applications or requests fails to be approved, in whole or in part, the preliminary plat shall be considered null and void. 2. The Special Use Permit for Planned Unit Development review shall regulate the setbacks, design and materials of the units, landscaping plan, area identification sign and association documents for the proposed development. 3. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 4. Approval of a variance to the 500 foot maximum cul -de -sac length provision of Ordinance 10, Section 9.03 to allow a cul -de -sac to extend approximately 720 feet from the intersection with South Coon Creek Drive. 5. Park dedication has been previously satisfied. Trail fees shall be required to be paid on a per unit basis at the rate in effect at the time of final plat approval. 6. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 7. Such plat approval is contingent upon a development agreement acceptable to the City • Attorney. Adopted by the City Council of the City of Andover this day of 20_ CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor 11 -.------- Woodland Creek Golf Villas / 11~;;;;\V' i,i&'i:i:jiJef;;i4;>"C:" Y;cti\~ e " :.;\ ,) ,0,.../>::.:,.:, '.". _7 ,."{ ;,.': .k\'\; .,,-;',.., ;.,;t:;;...<,. .;r:''''';';;'/ ;j; ;;~)~1:F !:: .;.;' J,7 ..... ;;;Cb W'...: '..,.,," '0;'" W r A: I:~~~:;l:::":;.: .,:;::::;';,: /" ~ :"""!':[;;C~;if{::'i :;;y :';;,;,;' !%E "..." ,;}o; ..... \ :c:@] ..... i":j;f~i;~' '1';0;:;<;:";;;;]"':::' >;; r ~ ..... j ;.,' ,.' ,', .;'.:;S' / t;..t:~y . 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Vti- R L ENV °P ^ °O VI O' O rv � Y1 Ni m E �= ° °. ^ E ° rc'o oa oLa o £. 4. w °'. EuE� °c n•xes!- un °�$ °emmna w 6 r - x a8��omz ° N° o a n < 3 R 8 7 B 7 � R 1 Y O EEEEEE l 11 1,i "� R — � U 1 if � s! 33tl16 if by b� N D — W _ 1 q ! i 1 I~ E it + rr I 1 \ I g I h I i % -— Lj y � S3 � i .yam L_LIJ -I 6- LI ) I / / Regular Andover Planning and Zoning Commission Meeting MInutes — October 8, 2002 Page 7 • otmn by G .,,, .he seconded by Kirchoff, to close the public hearing at 7:31 p.m. MS ' n carried on a 5 -ayes, 1 -nays (D anis er), 1- absent vote. Commiss er Kirchoff stated that looking at some of the issues brought fo a last d he time this fore them, there was a lot of concerns from the neighborhoo wanted to co d the developers for coming forward with this propo can ecause it done seems to alleviate the concerns in the neighbor. It has minimized. and still makes some d use of this property Commissioner off stated he liked the looks of the plans. Commissioner Falk stated he that they had a v ood plan because the previous plan was very dense and this one i ot. Motion by Greenwald, seconded b mmend to the City Council approval of Resolution No. , approving the Pre Plat of a single family residential development to be known as Foxbur rosin or Grand Teton Development on property located at 1703,1663 and 53 Andover ulevard. Motion carried on a 5- ayes, 1-nays (D anis er),1 -ab vote. ZJ r 7and stated it said somewhere that th ould be required to move t if asked if the couldn't just take a tree do and replant new ones, were pre large. Mr. Bednarz stated the eloper has indicated move and save as many trees as possible but some er trees would be stated that this item would be before the Council at the October 1 2002 meeting. PUBLIC gEARl11rG: RESIDENTLIL SKETCH PLAN FOR A SINGLE FAMILY DEVELOPMENT TO BE %1VOWNAS WOODLAND CREEK GOLF COURSE VILLAS LOCATED AT 3200 SOUTH COON CREEK DRI M Mr. Bednarz explained that the Planning Commission is asked to review a sketch plan for a housing development containing 11 urban residential lots. Mr. Bednarz; meted the proposed site is designated Urban Residential Low Density in the Comprehensive Plan which carries a maxim density of four units per acre. The proposed housing development would have a density of 3.96 units per acre. He went on to summarize the staff report and indicated the following: The property is located outside the Metropolitan Urban Service Area (MUSA). A minor Comprehensive Plan Amendment will be necessary to allow the project to move forward. Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2002 Page 8 2. The property is currently zoned Single Family Urban Residential (R-4), which • carries a minimum lot width of 80 feet and a minimum lot size of 11,400 square feet The proposed project would require Planned Unit Development Review to reduce the lot sizes and setbacks from the typical R4 standards. Co Gamache asked if the needed to approve a variance for each lot because they are under square footage and lot width. Mr. Bednarz stated this is not the approach they would propose. If the Commission and Council is amenable to a smaller lot size, that could be achieved by allowing planned unit development review, which essentially would set different standards for this development. Motion by Greenwald, seconded by Larsen, to open the public hearing at 7:39 p m. Motion carried on a 5 -ayes, I -nays (Daninger), 1- absent vote. Mr. Gary Thielen, 3324 South Coon Creek Drive stated there were going to be two homeowners properties affected by this. He stated he is concerned with the value of his property and according to the tax assessor, he would have at least a thirty thousand -value loss in his property if this development were to occur. He stated he has been a resident of Andover for fourteen years and he thought they had an Ordinance that stated no two houses by each other can have the same house front and is this one of the many waivers they would need to get in order to get this approved. He stated the road is on private property and he was told many times before that the City couldn't do any thing to • improve the value of someone's property. Mr. Thielen stated they are also talking about putting a restaurant and bar in the clubhouse, which is next to a City park. He stated the lift station is a concern because it is a property value concern. He stated he talked to Mr. Bednarz last week regarding the letter he received regarding the hearing and Mr. Bednarz told him at that time that this was the first he had heard of the development and then at the meeting last night Mr. Bednarz told them the City had been working with them since April- Mr. Bednarz stated that what was indicated on the phone was when they received the proposal, they send out a public notice. Mr. Thielen asked how many projects is he working on now without the residents knowing. Mr. Bednarz stated he gets inquiries daily regarding a variety of properties. Mr. Thielen stated when Mr. Charen had his public hearing on getting permits to add to his house a couple of months ago, obviously they have been working on this since April, a lot of the permits had to be issued over the four month period and why was Mr. Charen not informed at that time of a proposed development going in behind them. Mr. Bednarz stated there was not consideration of a development at that time. Mr. Mike Charen, 3336 South Coon Creek Drive, stated he would be the other property directly affected by t h e rezoning and he also has a golf course lot and if this goes in, they will be directly cut off from the golf course. He is concerned about what this will do to • the value of his property. Other concerns are the positioning of the lift station, which will Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2002 Page 9 • be less than 100 feet away from his property. He stated he has a lot of questions about the sewer being shallow and possibly backing up into his property. Another concern is the traffic increase around his house and disruption of wildlife. When he took his permit out, he would have appreciated a notice of this then. There are other areas on the club property to place the units. The size of the units would create a wall instead of a nice view from his property to the golf course. He stated he did understand development and their concerns in wanting to develop the property, but if this does move forward, he would like some help with property values instead of being cut off. W Jonathan Jasper, 14197 orchid Street, stated he is in one of the two houses located closest to the development and he has grave concerns regarding this plan. He stated the lots and houses are larger than average for this community and they have a lot invested in where they are living. All the lots are substandard and smaller in size and width than the neighborhood and they are incompatible with the neighborhood. He stated that adding eleven small townhouses that are identical and built on slabs, takes away from that development and takes away the value of development. He stated there is concern with the length of the cul -de -sac and the overall plan of the City. He stated that what they end up with is eleven smaller houses on eleven smaller lots that are going to directly affect the value of their development. Mr. Jasper stated that the meeting last night was very informative and he appreciated it. He stated there were some specific concerns that he raised last night and one was • neighbors were concerned about values. He stated he researched the cost of different golf courses with townhomes on them. He stated that townhomes on Majestic Oaks sells for $69 a square foot and if a basement were not included would sell for $139 a square foot on a better golf course. He stated he was told that this would enhance the value of the neighborhood because these would be high -end townhouses but he did not know how they could charge more for their townhouses than a better golf course could. He stated that based on his research today, they cannot meet the evaluations. He stated he did not buy his house only to have a development built by him on the golf course. He stated this was not the intention of the original developer on this property. Mr. Ron Vanelli, developer along with Mike Olsen stated they have been in the Golf Course and restaurant business since 1989. He stated that what they are trying to do with Woodland Creek Golf Course is to upgrade and improve the course. He stated they purchased the property this spring and he did not know what the development that was already there was like. He stated their long -term goal is to create a restaurant facility on this property. He stated there is expense involved with this because the original facility was never set up to be used as a restaurant/club house. He stated they wanted to make this a community beacon the community can look up to. He stated that after they were involved for a while, they started to look at the possibilities of upgrading the property and one option that came up was the possibility to put some houses on the golf course. He stated they have gone to considerable expense with surveying. He stated these are not townhomes; they are single- family villa style homes, d at retired persons. Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2002 Page 10 Acting Chairperson Daninger left the meeting at 8:00 P.m Commissioner Kirchoff stepped in as Acting Chairperson for the rest of the meeting. Mr. Brian Johnson, Hawkins & Anderson, stated the Villas are laid out on the north edge of the golf course and the entrance that is used for the golf course would be improved and the street installed would be a City designed and installed Protect and so would the utilities under a public improvement Project. The pig lot for the golf course will be improved along with the improvements to the roadway. The utilities, sanitary sewer and water way would hook up in the northeast corner of the existing city park and would require a lift station. He stated the City would design the lift station and install it The design of the development is very compact for detached townhomes. The setbacks are ten feet to the living areas, six foot to the garage areas, similar to other developments in the City. The public street length is approximately 700 feet He stated its features would be an association maintained development and the private property would be maintained by the association and there would be standards for building materials and treatments for the exteriors and treatments of the landscaping. He stated the drainage in the City park would b maintained by a pipe system and ponding which would be located to the south side of the project to control the flood elevations and increased runoff from this site. Commissioner Greenwald asked for this development to work out, would they need it to be eleven townhomes. He also asked if the street needed to be seven hundred feet in length and where would the lift station be situated. W. Johnson stated with the design it • would be a single loaded street and there would be eleven units on the street He stated the city park would never be developed, as far as he knew. The utility costs for this project and the addition of a lift station are unique to this site. In regards to the lift station and Ong to Mr Baas, if a lift station were placed on the west side, it could be a permanent lift station and a temporary lift station Placed on the east side, depending on future decisions by the City Council. Mr. Vanelli stated the driving number is the utilities. Ms. Sharon Harris- Vanelli, Edina Realty, stated m regards to the values of these homes, they would be looking at a unique buyer for these homes. She stated these homes would have a lot of nice amenities which would dictate a little higlIer price and there would only be a few of them so this would bring the demand up. She stated she did some research on townhomes around other golf courses in the area and they range from $275 to $325 in price. She stated she thought these homes would be very saleable. Commissioner Gamache asked if the homes that have sold are twenty -four foot on slab townhomes. Ms. Harris -V anelli stated here these are slab on three car with no ba and most sold have only a two -car garage Commissioner Greenwald asked if they have done any valuation studies within the area. Ms. Harris- Vanelli'stated that with the homes around the golf course, there is nothing like Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2002 Page 11 • this there so it is difficult to find a comparable for this but she thought the market would be there for them. Commissioner Greenwald stated one of the residents that came up would lose $30,000 value in property because no longer would his lot be on the golf course. Ms. Hams - Vanelli stated she did not know, but it is a possibility. Commissioner Larsen asked Ms. Harris- Vanelli if she had done some comparables to Majestic Oaks or other golf courses. Ms. Harris - Vanelli stated she had done some comparables on Majestic Oaks and other areas in the area such as Ham Lake. Mr. Byron Westlund, Woodland Development Corporation, stated the cost per square foot is not what Mr. Jasper indicated, he stated they are well over $100 per square foot and does not include the lot. He stated that Mr. Bednarz has done an excellent job and he called on him many times for advise on properties. He stated he is not for or against the development. He stated that the residents have issues about property values but the golf course owner also has the right to use their property as they see fit. Mr. Mike Olsen, part owner of the golf course, stated when they designed this unit, they took into consideration everything around the golf course. They tried to design a unit that would be compatible with all the houses around the golf course. Heshowed a sketch units, it the units proposed. He stated that with a well- designed landscape plan will not look like a row of villas and they feel this would be a nice addition to the community. Commissioner Greenwald asked if this design is like the ones they developed in Forest Lake. Mr. Olsen stated it is not and this plan is original to this development. Commissioner Larsen asked where the proposed restaurant would be in respect to the plan. Mr. Olsen stated it would remain in the same clubhouse and they are looking at remodeling. Commissioner Greenwald stated he liked the looks of the units. Mr. Vanelli stated when they developed this, they did not look at the houses that were affected by this and they would like to work with the people in the development. Ms. Vicky Larsen, 14229 Quay Street NW, stated she had some comments and one regarding property value. She stated they just refinanced their home and the appraiser told them that they did not need the full appraised amount because if they would sell the house, they would not have a problem because they have a lot on the golf course. nt to stated she did not understand why the City would make so many ordinances to allow this project. She stated that what she was told the maintenance building would be moved and there would be a service road Put in and she wanted to know where it would go. Mr. Olsen stated it is proposed for the far west part of the property. He stated they have a twenty -foot easement coming out of the fifth addition of Regular Andover Planning and Zoning Commission Meeting Mimrtes — October 8, 2002 Page 12 Woodland Development and they would propose to make a cart path for the workers to get to work because the maintenance building would be put in the far northwest comer of the property. Commissioner Gamache asked if this road was part of the proposal. Mr. Bednarz stated it was not but it would force the utility building to move because that is where the proposed structures are to go. Commissioner Kirchoff asked if the road would be tied into any outside streets. Mr. Olsen stated they would have to come off of 142 and it is already set up for that Ms. Larsen stated that this land is not all swamp and wetland because her house is back there. Ms. Larsen stated this is not a large golf course in that area and the proposed houses would be close to the fairway and she did not know if there were any regulations regarding this. She stated there is value in the fact that you live on the golf course and she does not like the idea of a service road butting up to their property and she does not like all the variances proposed for the development of the houses. Commissioner Kirchoff stated this is a Planned Unit Development and with a Planned Unit Development, there is some give and take and the City has some authority with a PUD. Mr. Bednarz stated planned unit development is intended to get a better product than if they used a straight zoning district He stated the City does have the ability to require amenities or landscaping or different features through the PUD that they would not have with a straight zoning district He stated the purpose of Planned Unit Development is not to abuse the lot sizes to cram units in. Mr. Jasper stated the access road, the cart path is where all the neighborhood storm drains drain and his concems are the golf course floods two to three times a year ah -eady and there will be a road with additional traffic coming off of 142 Avenue. Motion by Greenwald, seconded by Gamache, to close the public hearing at 8:34 p.m Motion carried on a 5 -ayes, 0 -nays, 2- absent (Daninger and Squires) vote. Commissioner Gamache asked what is the area zoned. Mr. Bednarz stated the current zoning is R-4. Commissioner Gamache asked if there is a variance needed for the service road. Mr. Bednarz stated they would need to get a building permit to reconstruct the building in a different area. He stated the City with a Commercial Site Plan review of the project could put conditions or require scre commissioner Kirchoff asked if the entire golf course zoned R-4. Mr. Bednarz stated this is correct- Commissioner Kirchoff stated in theory the entire golf course could be residential and turned into a housing development Mr. Bednarz stated most of the golf course is in the flood plain so most of it could not be built upon. • Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2002 Page 13 • Commissioner Greenwald stated he would never approve this based on the fact that road is over seven hundred feet and also because it is affecting residents values on their homes. He stated he would suggest they move the driveway east and he would recommend the developer look at two things, a shorter cul-de -sac and if there was any way to work with Mr. Bednarz so they could change the entrance and move it down a hundred feet. Commissioner Gamache stated as a golfer he hates the idea of having houses on a golf course but they do have the right to develop their property and he sympathizes with the residents. Commissioner Kirchoff stated the precedent has been set with the longer cul-de -sacs approved previously. Commissioner Greenwald stated that he did not think they ever approved a longer cul-de -sac when it affected the surrounding properties so much. He stated to approve a variance of that, knowing that they are affecting two citizens is tough. Commissioner Kirchoff stated he would agree with Commissioner Gamache on this. Commissioner Larsen asked as a citizen what would be their legal rights against the City. Commissioner Gamache stated if the plan were approved down the road, is there any legal recourse the citizens have against the City. W. Bednarz stated it would be a question for the City Attorney. Commissioner Falk asked if they wanted to table this for more information. He stated he wanted to recommend they remove one structure to get the lots back to what they should be in an R-4 development. Co Kirchoff stated that if they were going down to ten units, there would not be a PUD. Commissioner Greenwald asked if it increases the value to Andover by putting the homes in. Commissioner Gamache stated that it would bring more taxes into the City. Commissioner Kirchoff stated it could also bring in more revenue by having the restaurant in the clubhouse and may be a plus to the neighborhood. . Commissioner Greenwald stated if it did not affect the residents around this, he would not have a problem with approving this. Commissioner Larsen stated she agreed and would like to have the development moved a little closer to the clubhouse. Commissioner Gamache asked if by taking one home out of the plan, could they meet the R-4 requirements. Mr. Bednarz stated they likely could with a variance to cul-de -sac length. Commissioner Gamache asked if it would also take away the PUD on the property. Mr. Bednarz stated there would be no reason to pursue PUD review if the development were required to meet the R-4 standards. He stated that staff believes the lot size is appropriate for this type of development and that although the developer has used that reduced lot size to shoehorn in another unit, one unit could be removed and the space gained could be used to create a better development 0. Regular Andover Planning and Zoning Commission Meeting Minutes — October 8, 2002 Page 14 Commissioner Kirchoff asked how long the golf course has been there. It was noted the • course has been there fourteen years. Motion by Gamache, seconded by Falls, to recommend to the City Council approval of Resolution No. , approving the Residential Sketch Plan for a single family development to be known as Woodland Creek Golf Course Villas located at 3200 South Coon Creek Drive and to remove a house from sketch plan and have the developer. make the lots conform under the R-4 zoning district. Motion failed with 2 -ayes (Gamache, Falk), 3 -nays (Greenwald, Larsen, Kimhon 2- absent (Daninger and Squires) vote. Commissioner Kirchoff stated that by eliminating a lot, they could still be under the PUD. Commissioner Gamache stated he would like the developer to make the lots eighty feet wide and the only variance needed would be for the longer cul-de -sac. Mr. Thielen stated he is sitting in a house that cannot be sold and if the development happens, he may as well bum it down because he will be economically bankrupt if this goes through. Commissioner Falk asked Mr. Thielen to sit down- Co . mon issioner Gamache stated what his informal advisement would be is to see if there is anything that can be done to make this work without affecting the two residents. Commissioner Larsen agreed Mr. Bednart stated that this item would be before the Council at the November 6, 2002 S City Council meeting. ti�cl�r7.CSION: METROPOLITAN COUNCIL'S "DRAFT" 2030 BLUEPRINT. Mr. B the Metropolitan Council has prepared a "Draft" 2030 B print for growth and dev went for the Twin Cities. The document has ma licy� that are being revised in Allocation o ed Growth • MUSA Policy \ • Rural Growth Policies • Housing • Natural R Protection Mr, discussed the policy areas that were cnmmari�e the Association of politan Municipalities (AMM) summary OTHER BUSINESS 'F .'r - ?Noo o- s ,a•.�.� -. m x �:' �n a • .,�i r ✓� ^� �'�C J x ra�. Y e — s � � _ . ^,�'v � A - r^ e1h, 1 I1N r d 9 111 1 - // - - /// / / /• - 1 /• �/' / /1 / //� __ } r< a t � u i 72 Ua t 33 3 f - - 1� y '` � k SiYk zt- G�e` Yvx R n ,y 'l 1 � r - i cap _ r te k � .r L k y .✓� • • Photo Five: View from south end of proposed housing development iootcmg norm I • CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWWCI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Jon Sevald, Planning Intern -J CC: Courtney Bednarz, City Planne- SUBJECT: Public Hearing Special Use Permit (03 -02) to allow intoxicating liquor to be served at the Woodland Creek Golf Course located at 3200 South Coon Creek Drive. DATE: January 14, 2003 INTRODUCTION The applicant is seeking approval of a Special Use Permit for an on sale liquor license within the principal structure of the subject property. DISCUSSION Applicable Ordinances Ordinance 8, Section 5.03 provides the criteria to be considered in reviewing special use permit applications. These are as follows: 1. The effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding land. 2. The effect on existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3. The effect on the values of property and the scenic views in the surrounding area. 4. The effect of the proposed use on the comprehensive plan. Minnesota State Statue 340A.504, Subdivision 6 states: • A municipality may further limit the hours of the sale of alcoholic beverages, provided that further restricted hours must apply equally to sales of 3.2 percent malt liquor and intoxicating liquor. A city may not permit the sale of alcoholic beverages during hours when the sale is prohibited by this section. • Comparison of Proposal to Applicable Ordinances The proposal conforms to all applicable ordinances. Woodland Creek Golf Course is proposing to remodel the second level of the existing clubhouse to create a restaurant where liquor would be served. The restaurant is planned to be open year -round for lunch and dinner, closing around 11:00 pm. Currently, Andover allows on -sale liquor Monday — Saturday from 8:00 am to 1:00 am, and Sundays from 8:00 am to 10:00 pm. If the council wishes to further limit the hours that alcohol may be sold at the restaurant, the changes would need to be enacted citywide, not just limited to this establishment. The parking area will be reconstructed to provide additional parking (75 total stalls). The parking area will be constructed with curb & gutter to conform to city specifications. Increases in traffic should be minimal, and the proposed restaurant should not negatively affect surrounding property values. Attachments Resolution Location Map ACTION REQUESTED • Recommended approval or denial of this special use permit. Respectfizlly O�.?.� HOC Jon Sevald Cc: Olvan Properties 3200 South Coon Creek Dr. Andover, MN 55304 • • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF WOODLAND CREEK GOLF COURSE FOR PROPERTY LOCATED AT 3200 South Coon Creek Dr. NW, (PIN 29- 32 -24 -44 -0002) legally described as Outlot A, Woodland Creek, Anoka County, Minnesota. WHEREAS, Olvan Properties has requested a Special Use Permit for a liquor license for property located at 3200 South Coon Creek Dr. NW, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 5.30, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit request; • NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit for a Liquor License on said property with the following conditions: That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance 8, Section 5.03(d). 2. That the Special Use Permit be subject to annual review and site inspection. 3. The special use permit is contingent upon obtaining a liquor license for the facility. 4. This Special Use Permit shall be subject to review at any time the City Council determines this use of the property becomes detrimental to the health, safety or general welfare of the community. Adopted by the City Council of the City of Andover on this, of 2003. CITY OF ANDOVER • ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk .. lo s TO: FROM: Planning and Zoning Commissi ners Courtney Bednarz, City Plann4 SUBJECT: PUBLIC HEARING Comprehensive Plan Amendment (03 -01) to change the Land Use Designation from Urban Residential Low Density (URL) to Urban Residential Medium Density (LW for property located at 13311 Round Lake Boulevard NW. DATE: January 14, 2003 INTRODUCTION The applicant is requesting a Comprehensive Plan Land Use Map Amendment to change the Land Use Designation of the subject property from Urban Residential Low Density (URL) to Urban Residential Medium Density (URM) for the proposed City View Farm project. DISCUSSION The purpose of the proposed amendment is to increase the permitted density of residential structures from four units per acre to a maximum of six units per acre. The actual project density is 5.2 units per acre (7 lots on 1.35 acres). The property is located within the 2020 Metropolitan Urban Service Area (MUSA). The size and depth of the subject property do not particularly suit single family urban residential development. The location of the property between an arterial roadway (CSAH 9) and a single family residential neighborhood creates conditions that are conducive to medium density residential development. The existing farmhouse, barn and outbuildings are no longer appropriate for the site. Times and conditions have changed and it is appropriate to rezone the property at this time to allow a medium density urban residential development. If approved, this land use change will be forwarded to the Metropolitan Council for their review. This would be considered a minor Comprehensive Plan Amendment. Attachments Resolution Location Map ACTION REQUESTED The Planning Commission is asked to recommend approval of the proposed Comprehensive Plan Amendment. CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US • s mitted, C ahn, 1 I 1 Round Lake Boulevard . CITY OF ANDOVER • COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -03 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DESINGATION FROM URBAN RESIDENTIAL LOW DENSITY (URL) TO URBAN RESIDENTIAL MEDIUM DENSITY (URM) FOR PROPERTY LOCATED AT 13311 ROUND LAKE BOULEVARD (P.I.D. 32 -32- 24 -43 -0030) LEGALLY DESCRIBED AS; Lot 1, Block 1, Weise's Second Addition, except the east 355 feet thereof as measured parallel with the south line of said lot, Anoka County, Minnesota.: WHEREAS, Mike Balm has petitioned the City of Andover for an amendment to Ordinance 8, Section 6.03, (rezoning) that is inconsistent with the Comprehensive Plan, and; WHEREAS, Minnesota State Statute Chapter 473.858 stipulates that the zoning ordinance must be consistent with the comprehensive plan, and; WHEREAS, an amendment to the Comprehensive Plan is necessary to allow for the proposed • rezoning to M -1, Multiple Dwelling Low Density, and; WHEREAS, The property is located within the 2020 Metropolitan Urban Service Area (MUSA) and the size and depth of the subject property do not particularly suit single family urban residential development, and; WHEREAS, The location of the property between an arterial roadway (CSAH 9) and a single family residential neighborhood creates conditions that are conducive to medium density residential development, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested, and; WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding land, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: 1) Change the Land Use Designation From Urban Residential Low Density (URL) To Urban Residential Medium Density (URM) for property legally described in this resolution. 2) Subject to review and approval by the Metropolitan Council. 10 Adopted by the City Council of the City of Andover on this _ day of , 2003. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk • 0 -3- Residential Sketch Plan 13311 Round Lake Boulevard NW • N Project Location Map w Andover Planning im TO: FROM: Planning and Zoning Commissioners Courtney Bednarz, City Plann4 SUBJECT: PUBLIC HEARING Rezoning (03 -01) to change the Zoning Designation from Single Family Urban Residential (R -4) to Multiple Dwelling Low Density (M -1) for property located at 13311 Round Lake Boulevard NW. DATE: January 14, 2003 INTRODUCTION The Planning Commission is asked to review the proposed rezoning to allow the City View Farm project to move forward. DISCUSSION As with all rezonings, the City must meet one of the two following findings that are provided by • state statute: 1. The original zoning was in error. 2. The character of the area or times and conditions have changed to such an extent to warrant the rezoning. The property is located within the 2020 Metropolitan Urban Service Area (MUSA). The size and depth of the subject property do not particularly suit single family urban residential development. The location of the property between an arterial roadway (CSAH 9) and a single family residential neighborhood creates conditions that are conducive to medium density residential development. The existing farmhouse, barn and outbuildings are no longer appropriate for the site. Times and conditions have changed and it is appropriate to rezone the property at this time to allow a medium density urban residential development. Rezoning Contract A rezoning contract is necessary to rezone property from Urban Residential Low Density (R -4) to Multiple Dwelling (M -1) to ensure the proposed development will be constructed as it is presented. Attachments CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US Ordinance Amendment Location Map Rezoning Contract ACTION REQUESTED The Planning Commission is asked to recommend approval of the rezoning request based on the fact that times and conditions have changed. Respectfully submitted, le &ez:5 Cc: Mike Bahr, 13311 Round Lake Boulevard 0 • CITY OF ANDOVER COUNTY OF ANOKA . STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO. 8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended as follows: 1) Rezone land from R -4, Single Family Urban Residential to M -1, Multiple Dwelling Low Density on approximately 1.34 acres (P.I.D. 32- 32 -24 -43 -0030) legally described as: Lot 1, Block 1, Weise's Second Addition, except the east 355 feet thereof as measured parallel with the south line of said lot, Anoka County, Minnesota. 2) All other sections of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this _ day of 2003. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk -3- Residential Sketch Plan 13311 Round Lake Boulevard NW City of Anoka City of Coon Rapids F 1 LJ 0 Project Location Map -�• � Andover Planning • ZONING CONTRACT This agreement made this _ day of , 2003, by and between the City of Andover, 1685 Crosstown Boulevard NW, Andover, Minnesota 55304, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City" and Mike Balm, 13311 Round Lake Boulevard NW, Andover, Minnesota 55304, hereinafter referred to as the "Developer ". WHEREAS, Developer is the owner of certain Property in the City of Andover legally described on Exhibit A attached hereto and made a part hereof, and WHEREAS, the Developer has requested that the City change the zoning classification for the Property from an R -4, Single Family Urban Residential • District to an M -1, Multiple Dwelling Low Density District; and WHEREAS, it is believed by the City that the rezoning of said Property to a M -1 Multiple Dwelling district so as to permit a residential development consisting of seven (7) townhouses would be in the public interest and welfare of the citizens of the City; and WHEREAS, the Developer has agreed to develop the property as a townhouse development in consideration of the City's changing the property to M- 1, Multiple Dwelling and the Developer further agrees as part of said consideration to lay out, develop and maintain the townhouse development as hereinafter set forth; • NOW, therefore, in consideration of the mutual promises of the parties made herein BY AND BETWEEN THE PARTIES HERETO: • 1. The City shall complete the procedures necessary under City Ordinances and State Law to rezone the Property from R -4, Single Family Urban Residential to a M -1 Multiple Dwelling Low Density Zoning Classification under the City's Zoning Ordinance No. 8. 2. Developer agrees to lay out, develop and maintain the Property as a residential townhome development consisting of seven (7) townhouse units and common open space. Such townhouse development shall be constructed to meet the approved plans and all specifications submitted by the Developer and accepted and approved by the City and attached hereto as Exhibit B. • No changes or deviations from such plans or specifications shall be permitted unless first authorized in writing by the City. 3. The Developer shall comply with all applicable rules, regulations, ordinances and laws of the City of Andover, Anoka County, Coon Creek Watershed, State of Minnesota and any other governmental agency having jurisdiction over the project. 4. In the event that Developer violates any of the covenants and agreements contained in this zoning contract or any other additional agreements with the City or governmental agencies, the City may commence an action to change the Property from the M -1, Multiple . 2 -G- • Developer will not object or oppose such ordinance in any form. Furthermore, the City may, at its option, refuse to issue building permits to any property within the development and stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. Such actions shall be in addition to any remedies the City may seek to enforce performance of this agreement including but not limited to the right to seek injunctive relief. 5. The provisions of this Agreement shall be binding upon and • other subsequent owners of the Property, their respective heirs, successors and assigns of the Property described in Exhibit A. 6. An executed copy of this Agreement shall be recorded with the Anoka County Recorder. In witness whereof, the parties to this agreement have caused these presents to be executed the day and year aforementioned. Dwelling back to R -4, Single Family Urban Residential and the enforceable against Developer, their successors and assigns and all CITY OF ANDOVER u Dated: Dated: By Its Mayor By Its City Clerk 3 —7- E Mike Balm, 13311 Round Lake Boulevard NW Dated: Dated: STATE OF MINNESOTA) ) SS. COUNTY OF ANOKA ) Its :A Its On this _ day of , , before me, a Notary Public within and for said County, personally appeared Michael R. Gamache and Victoria Volk, to me known to be respectively the Mayor and Clerk of the City of Andover, • and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA) ) SS. COUNTY OF ANOKA ) On this _ day of , before me, a Notary Public within and for said County, personally appeared and to me known to be the and Of , a Minnesota corporation, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said corporation. Notary Public 0 0 M • Exhibit A Legal Description Lot 1, Block 1, Weise's Second Addition, except the east 355 feet thereof as measured parallel with the south line of said lot, Anoka County, Minnesota. E 9 -IT- • Exhibit B The following list of documents shall comprise Exhibit B: Resolution -03 for Special Use Permit for Planned Unit Development Review of City View Farm and all documents referenced in said resolution. 0 • M l! CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVERMN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: PUBLIC HEARING Special Use Permit (03 -01) for Planned Unit Development Review of `City View Farm' located at 13311 Round Lake Boulevard NW. DATE: January 14, 2003 INTRODUCTION The Planning Commission is asked to review a Special Use Permit request for a Planned Unit Development (PUD) consisting of seven detached townhouse units on approximately 1.34 acres. Approval of the Special Use Permit will allow the development to be constructed according to alternative development standards that are designed to maximize the redevelopment potential of the site. Planned Unit Development Review focuses on the following elements of the project: • Development standards (lot size, dimensions and setbacks) • Design of the units (Overall design and exterior materials of the structures) • Landscaping Plan • Area Identification Sign • Association Documents DISCUSSION Associated Approvals All of the following items must be approved to allow the development to be constructed. 1. A Comprehensive Plan Amendment is needed to bring the proposed project area into the Municipal Urban Service Area (MUSA) 2. The R -4 Zoning of the property is compatible with the proposed density of the development (3.9 units per net acre) provided this Special Use Permit for Planned Unit Development is approved. 3. A lot split is needed to separate the proposed development site from the rest of the golf course property. • 4. A preliminary and final plat for the proposed project will also need to be approved. Applicable Ordinances Ordinance No. 112, regulates Planned Unit Developments. This zoning provision seeks to achieve the following: 1. Attaining a higher standard of site design and development that cannot be accomplished under strict adherence to development ordinance provisions. 2. The preservation and enhancement of desirable site characteristics such as natural topography, woodlands, geologic features and the prevention of soil erosion; 3. A more efficient use of land resulting in smaller networks of utilities and streets thereby lowering the development costs and public investments; 4. A development pattern in harmony with the Andover Comprehensive Plan. (PUD is not a means to vary applicable planning and zoning principles.) Due to the fact that access can only be provided from 133` Lane NW, the development potential of the property is limited. If the property were developed under the R -4 Zoning District standards and with a typical public street the result would be three single family lots. These lots would likely be double frontage lots with backyards facing Round Lake Boulevard. This is not desirable as the view entering Andover would be of fences or possibly cluttered backyards or a combination of the two. If the street were designed as a frontage road to allow the three houses to face Round Lake Boulevard, the access at 133` Lane would need to be dangerously close to Round Lake Boulevard. In either scenario, the project would make poor use of the land, would hold down the value of the land, and may be cost prohibitive as a result. The proposed project is a better alternative. The project is well designed and can become an • attractive addition at this entrance to the City. Adjacent Residential Properties A neighborhood meeting was held with neighboring property owners to introduce the project before the sketch plan was reviewed. The feedback was generally positive. DEVELOPMENT STANDARDS A table is included in the attachments to illustrate the design standards of other townhouse developments in Andover. Lots Individual lots are proposed for each unit. The current zoning of the property is R -4, Single Family Urban Residential. The applicant is requesting a rezoning to M -1, Multiple Dwelling Low Density. The proposed lots are compared to the dimension and size requirements of the R -4 and M -1 Zoning Districts in the table below. Planned Unit Development review is needed to create standards that are appropriate for the site. • • Lot Width As the table illustrates, the lot width of the properties is below both the R -4 and M -1 Zoning standards. The reduced lot width is a function of the unit design which is relatively narrow at 24 feet. A minimum of twenty feet of open space will be provided between the units as is typical in single family and twinhouse types of construction. It is also important to note that the 150 foot minimum lot width and depth requirements for the M -1 Zoning District are intended for twinhouses on a single lot. Lot Depth As discussed in the preliminary plat report, the applicant is proposing to create an outlot for the private driveway. The Engineering Department is recommending that no outlot be created. The lot depth would be 139 feet with an outlot for the private driveway. The lot depth would be 175 • feet without the outlot. Lot Area The proposed lot area is below the R -4 standard but exceeds the M -1 requirement. At slightly greater than 6,000 square feet per lot, the proposed lot size is typical of other townhouse developments that have been approved in the past. Setbacks R -4 M -1 Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 80 feet 150 49.15 44 feet 44 feet 44 feet 44 feet 44 feet 45.2 Front Yard 35 feet feet 29 28 27 27 26 feet dArea 130 150 139 or 139 or 139 or 139 or 139 or 139 or 139 or House Side feet feet 175 175 175 175 175 175 175 Yard feet feet feet feet feet feet feet Garage Side L,400 6,0 00 6,831 6,116 6,116 I 6,116 6,116 6,116 6,282 Yard sf sf sf sf I sf I sf I sf sf Lot Width As the table illustrates, the lot width of the properties is below both the R -4 and M -1 Zoning standards. The reduced lot width is a function of the unit design which is relatively narrow at 24 feet. A minimum of twenty feet of open space will be provided between the units as is typical in single family and twinhouse types of construction. It is also important to note that the 150 foot minimum lot width and depth requirements for the M -1 Zoning District are intended for twinhouses on a single lot. Lot Depth As discussed in the preliminary plat report, the applicant is proposing to create an outlot for the private driveway. The Engineering Department is recommending that no outlot be created. The lot depth would be 139 feet with an outlot for the private driveway. The lot depth would be 175 • feet without the outlot. Lot Area The proposed lot area is below the R -4 standard but exceeds the M -1 requirement. At slightly greater than 6,000 square feet per lot, the proposed lot size is typical of other townhouse developments that have been approved in the past. Setbacks R -4 M -1 Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Requirement Requirement Front Yard 35 30 30 29 28 27 27 26 25 Rear Yard 30 30 69 70 71 72 72 73 74 House Side 10 20 10 10 10 10 10 10 10 Yard Garage Side 6 10 20 /0 20/0 20/0 20/0 20/0 20/0 20/0 Yard Corner Side 35/25 30 35 NA NA NA NA NA NA Yard Any yard 40 50 30 29 28 27 27 26 25 from County Road • Front Yard Setback The front yard setback of the units will vary slightly to allow some differentiation between the units. The setback from the front property line will range from 25 to 30 feet. The distance from the front of the units to the edge of the sidewalk along Round Lake Boulevard will rage from 32 feet at the north end to 40 feet at the south end of the project. This setback will provide • sufficient separation from Round Lake Boulevard, is not out of alignment with existing residential properties along Round Lake Boulevard to the north and is appropriate for the type of housing that is proposed. Rear Yard Setback The project will conform with the rear yard setback requirements of either the R -4 or M -1 Zoning Districts. House Side Yard Setback The house side yard setback would conform to the R-4 standard but would be below the M -1 requirement. Given that the separation between the units will be 20 feet, the intent of the M -1 house side yard setback will be met. Garage Side Yard Setback The garages will be constructed as four structures. One wall of each structure will be located at the property line. This arrangement allows one side of each rear yard to be saved for private open space and improves the appearance of the rear yards. A one hour fire rating will need to be provided along the property line within each structure. This will be handled as a part of the building permit review. Corner Side Yard Setback Lot 1 has the only corner side yard setback. This setback will meet both the R -4 and M -1 Zoning District requirements. Setback from County Roadways The setback from County roadways will be below both the R -4 and M -1 Zoning District requirements. Please refer to the front yard setback discussion above. DESIGN STANDARDS Townhouse Units The units have a two story design with a finished basement and approximately 2,500 square feet of finished living space. Elevations and floor plans for the proposed structures are included in the attachments. Changes to the attached drawings are as follows: 1. The egress window for the basement bedroom will be located on the side of each unit. A boxed concrete window well with a built in steel ladder will be provided instead of the more typical corrugated aluminum variety. 2. The floor plan has been modified to indicate that laundry rooms will be roughed in on both the main floor and basement. 0 • Exterior of the Townhouses The townhouses will alternate window placement between units, provide different roof styles for both the first and second story rooflines, and vary the appearance of the front porch. The exterior finishing materials of the townhouses will include cement based siding and shakes, 30 year asphalt shingles, and cedar decks. Three combinations of two different base colors will be used. A third accent color will be used on features such as shutters, fascia, louvers, porch beams, and perhaps stair risers. Changes to the attached elevations are as follows: 1. The light and dark earth tone colors will be two of the color combinations. A third color combination will be created with more yellow or orange mixed in. The green color combination will not be used. 2. All of the windows will be grid style. The differences between the units are included as a condition of approval of the special use permit and are sufficient to comply with Ordinance 205 which prohibits adjacent structures from replicating one another. Exterior of the Garages The garages will be constructed as four structures. One wall of each structure will be located at • the property line. This arrangement allows one side of each rear yard to be saved for private open space. And improves the appearance of the project as a result. The garage for lot one will be a two stall garage with a third stall attached for storage of the homeowners association maintenance equipment. Additional detail is provided in the attached elevations. Adjustments to the garage elevations included in the attachments are as follows: 1. Lighting will be provided on the front elevation as is typical of a garage. 2. A raised panel garage door will be used for each garage. 3. The rear elevation will have one window instead of two. The window will be grid style. Screening from Adjacent Properties to the East Screening along the shared property line is proposed to consist of a six foot tall alternating board privacy fence and seven overstory deciduous trees spaced along the inside of the fence. The existing fence will be removed. Maintenance of the fence will be the responsibility of the homeowners association. LANDSCAPING PLAN The landscaping plan provides a combination of ornamental trees and shrubs around the units and a perimeter of overstory deciduous trees. The tree species along Round Lake Boulevard was selected for its ability to tolerate salt. The proposed plan will produce a manicured landscape with a variety of plants that are appropriate for the site. Adjustments to the attached landscaping plan are as follows: 1. Commercial grade edging will be provided around each planting bed. . 2. River rock will be used as a base material in the planting beds 3. The landscaping at the rear of the structure will be moved closer to the unit as the egress window for the basement bedroom has been relocated to the side of the unit. AREA IDENTIFICATION SIGN No area identification sign is proposed for the project. However, this site is designated to receive a City entrance monument sign. This sign will be located within an easement near the southwest edge of the project. The sign will incorporate a welcoming message with the City logo arranged atop a small mound framed with landscaping. A 30 foot wide by 9 foot deep easement will be is being requested as a part of the preliminary plat for this purpose. ASSOCIATION DOCUMENTS The Articles of Incorporation, By -laws and Declaration of Covenants, Conditions and Restrictions regulating the properties and maintenance of common areas are being reviewed by the City Attorney. A provision of the document will allow the City access to the property for utility and storm water maintenance. A second provision will need to establish a repair, maintenance and replacement program and funding for the private drive, parking areas, private utilities and all common areas and other improvements. • Attachments Location Map Resolution Resolution - Exhibit A - City View Farm Development Standards Applicant's Letter Exterior Elevations and Floor Plan (11x17 in packet) Landscaping Plan (full size in packet) Townhouse Comparison Chart Sketch Plan Minutes ACTION REQUESTED The Planning Commission is asked to recommend approval of the proposed special use permit subject to the conditions in the attached resolution. ResDactfully s itted, Co e arz Cc: Mike Bahn, 13311 Round Lake Boulevard • Residential Sketch Plan 13311 Round Lake Boulevard NW • N Project Location Map w Andover Planning CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -01 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF MIKE BAHN FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A RESIDENTIAL DEVELOPMENT CONSISTING OF SEVEN (7) TOWNHOUSE UNITS TO BE KNOWN AS THE SUBDIVISION OF "CITY VIEW FARM" AT 13311 ROUND LAKE BOULEVARD NW (P.I.D. 32- 32 -24 -43 -0030) ON PROPERTY LEGALLY DESCRIBED AS; Lot 1, Block 1, Weise's Second Addition, except the east 355 feet thereof as measured parallel with the south line of said lot, Anoka County, Minnesota WHEREAS, Mike Bahn has requested a Special Use Permit for a Planned Unit Development to develop a residential development consisting of seven townhouse units to be known as the subdivision of "City View Farm" pursuant to Ordinance No. 112, An Ordinance regulating Planned Unit Developments on the property legally described above, and; WHEREAS, The Planning Commission finds the request meets the criteria of Ordinance No. 8, Section 5.03 regulating Special Use Permits and Ordinance No. 112, An Ordinance regulating Planned Unit Developments, and; WHEREAS, The Planning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area, and; WHEREAS, a public hearing was held before the Planning and Zoning Commission and there was no opposition to the request; and; WHEREAS, The Planning and Zoning Commission is recommending to the City Council the approval of the Special Use Permit for the Planned Unit Development as requested, and; WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding land, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission permitting Mike Balm to develop a Planned Unit Development on said property with the following conditions: 1. The exterior elevations shall be modified to reflect the changes discussed in this staff report before this item will be reviewed by the City Council. 2. The lot depth shall be extended to approximately 175 feet per lot if the outlot for the private driveway is eliminated. 3. The landscaping plan shall be modified to reflect the changes discussed in this staff report • before this item will be reviewed by the City Council. 4. The development shall conform to Ordinances No. 8 and 10 except for development standards listed on Exhibit A, `City View Farm Development Standards'. Exhibit A shall regulate when in conflict with Ordinances No. 8 and 10. 5. The Special Use Permit for the Planned Unit Development shall be contingent upon the approval of the comprehensive plan amendment, rezoning and the preliminary plat of City View Farm. If any one of these applications or requests fails to be approved, in whole or in part, the special use permit shall be considered null and void. 6. A property owners association shall be created with the following documents provided to the City Attorney for review and approval prior to being recorded with the final plat in accordance with Ordinance No. 112: a. Articles of Incorporation b. By -laws of the association c. Declaration of covenants, conditions and restrictions regulating the properties, maintenance of the common areas. 7. A provision shall be added to the association documents to establish a repair, maintenance and replacement program and funding for the private drive, parking areas, private utilities and all common areas and other improvements. 8. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No. 8, Section5.03(D). Adopted by the City Council of the City of Andover on this ATTEST Victoria Volk, City Clerk day of CITY OF ANDOVER Michael R. Gamache, Mayor Exhibit A City View Farm Development Standards Minimum lot Di mensions and Area Minimum .Catharkc Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 49 feet 44 feet 44 feet 44 feet 44 feet 44 feet 45 feet Width 69 70 71 72 72 73 74 Lot 139 feet 139 feet 139 feet 139 feet 139 feet 139 feet 139 feet De th 20/0 20 /0 20/0 20/0 20/0 20/0 20/0 Lot 6,831 sf 6,116 sf 6,116 sf 6,116 sf 6,116 sf 6,116 sf 6,282 sf Area 30 29 28 27 27 26 25 Minimum .Catharkc Townhouse Units The Townhouse Units and all exterior materials shall be constructed to match the elevations and floor plans stamped received by the City of Andover January _, 2003 and approved by the City Council on January _, 2003. Garages The garages and all exterior materials shall be constructed to match the elevations and floor plans stamped received by the City of Andover January _, 2003 and approved by the City Council on January Landscaping Plan The Landscaping Plan shall conform to the plan stamped received by the City of Andover January _, 2003 and approved by the City Council on January _, 2003. • 11 Screening A six foot tall alternating board fence shall be provided along the shared property line with the • single family residential properties to the east. The fence shall be maintained in good condition by the homeowners association. Lot I Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Front Yard 30 29 28 27 27 26 25 Rear Yard 69 70 71 72 72 73 74 House Side Yard 10 10 10 10 10 10 10 Garage Side Yard 20/0 20 /0 20/0 20/0 20/0 20/0 20/0 Corner Side Yard 35 NA NA NA NA NA NA Any yard from County Road 30 29 28 27 27 26 25 Townhouse Units The Townhouse Units and all exterior materials shall be constructed to match the elevations and floor plans stamped received by the City of Andover January _, 2003 and approved by the City Council on January _, 2003. Garages The garages and all exterior materials shall be constructed to match the elevations and floor plans stamped received by the City of Andover January _, 2003 and approved by the City Council on January Landscaping Plan The Landscaping Plan shall conform to the plan stamped received by the City of Andover January _, 2003 and approved by the City Council on January _, 2003. • 11 Screening A six foot tall alternating board fence shall be provided along the shared property line with the • single family residential properties to the east. The fence shall be maintained in good condition by the homeowners association. • January 2, 2003 Mike Bahn 13313 Round Lake Boulevard Andover, MN 55304 Courtney Bednarz City Planner City of Andover 1685 Crosstown Boulevard Andover, MN 55304 Dear Courtney Bednarz; Thank you for your consideration in reviewing this Planned Unit Development. Following is a summary of the project explaining the key elements which I believe fortifies this project design as a `Best use of land" scenario. • The property is located on Round Lake Boulevard at 133` Lane. This is the southwest corner of the City of Andover. The property currently stands as the original "City View Farm" with a main farmhouse, a guesthouse, a 40' by 60' cow barn and a grainary building. The parcel is approximately a 330' by 175' rectangle orientated with its longest frontage on Round Lake Boulevard. The existing buildings are in need of renovation. I have thoroughly explored the option of renovating the current buildings and have concluded that there is no way to accomplish this reasonably as an investment. The property is fronted on a six -lane, divided county highway, has a townhouse development to its south in Coon Rapids, a nd single - family residential properties to its north and east. Access to the property is from the north of the property served by 133 lane. Access to the property is limited to 133 lane. A commercial application for this property may be naturally suited given its frontage on Round Lake Boulevard, however a commercial application is undesirable for the adjoining residential neighborhood. Also a commercial venture would most likely fail given the highway's design which encourages a non -stop traffic flow. Current zoning prohibits commercial development as well. Developing the project into three urban sized residential lots also proves to be undesirable. In order to do so, three lots would need to be served by one driveway approached on 133` lane causing the three homes to be oriented with their rear yards facing round Lake Boulevard. With this, the rear lots would likely be fenced with six-foot high privacy fences, and possible cluttered rear yards would be visible to Round Lake Boulevard. Dividing the property into three lots also proves insolvent to a developer. Answering the questions of how this property could be best developed given its unique • characteristics led me to this "Planned Unit Development" concept. Proposed "City View Farm" is a unique urban residential development of seven individual homes on approximately 44' X 140' lots. The development will be association maintained for building exterior maintenance, lawn maintenance, snow plowing/shoveling, irrigation system and garbage service. A private driveway will serve the homes from 133 lane at the rear of the property. The association will also maintain this private drive. Each home is 24' x 34' with a 6' front porch and a 12'X12' area deck attached to the rear. The homes face Round Lake Boulevard and are set back for a 25' to 30' front yard green space. Each home will have 25' to 30' of rear yard green space separation from its own 24' X 24' garage. Each garage will have a 20' driveway approach from the private drive. The placement of the detached garage affords each homeowner a rear yard green area protected from the noise produced by Round Lake Boulevard. Each home will have approximately 2500 square feet of finished area. The homes will be two -story buildings on fall S' finished basements. Each home will have 3 bedrooms, 2 -1/2 baths, and 9' foot ceilings on the main floor, dining area bay window, and a gas fireplace. Each home's exterior will be distinct architecturally by using different spacing or offsets on front windows, porch columns and porch railings. Using differing rooflines, siding treatments and paint colors will also provide uniqueness between each home. Exteriors will provide a higher level of detail and quality of materials. A slight front setback variation for each home helps break up the front elevations from a straight line. Garages will be matched architechtually to each home. Building designs including setbacks, elevations, architecture, and green space preserved provide the maximum • desired results for an attractive development viewed from Round Lake Boulevard. This design achieves a practical yard space for homeowners and an excellent transitional buffer between the neighborhood and Round Lake Boulevard. Landscaping includes plantings to provide screening where necessary, framing of lots and buildings, softening building comers, and adds color and texture to the project. Front entrances are joined by a collector walkway with two egress points to the municipal walkway along Round Lake Boulevard. The rear of the property is treated with a six foot high wood privacy fence with 7 over -story shade trees spaced evenly for consideration to three single family homes adjacent to the project. The townhouse development is well served by public transportation. Express bus service to Minneapolis already exists on Round Lake Boulevard with boarding at this location. Also the expected "Northstar Corridor Rail Line" with a proposed nearby Riverdale station (now a "park and ride" lot for bus riders) will enhance public transportation access. Both the location and design of this project will be attractive for a commuting lifestyle. Neighborhood consideration has been crucial to the design of this project. Neighbors have been encouraged to offer concerns to ensure harmony between them and this development. Neighborhood meetings have shown a very positive reception to this scenario. Neighborhood concerns of previous proposals included commercial • ventures, large traffic volume increases, unpleasant skyline changes, increased noise, and • business or residential rental tenants instead of owners. The neighbors agree this is the preferred way to improve the property and preserve the status of the neighborhood. I look forward to the realization of this project. I feel it will fit well in its location and will be a unique, innovative, and attractive project that will enhance the southwest entrance to the City of Andover. The design aspects of this development provide for an efficient use of land including the lowest cost of development and public investments. The project will require a minor Comprehensive Plan Amendment (Urban Residential Low Density to Urban Residential Medium Density). However, the proposed development is in harmony with the Andover Comprehensive Plan. Thank you again for your consideration and your quideance. Sincerely, Mike Balm • • , 1 1 ',•4 1 1 1 1 1 1 I C :: :::: ma :• 1 1 1 I 41^1 - %r\1 A Ki I A /Nr R R{ i 1 I —, {IVVVL.r11�VU ILI \I \rlvl_ i — � I I I f - /'\1 ILITI 1 1� Y1r11T 1/ I 1 ------------------- l L____ 1S3R� r I LANE r..e 1.. / /N. W. � Y F •\ Y.ir+•1 ,I� aM� - ..• .'-- Iw�rwLi y 1 T � } C �� I ( I — J / I I 1 / / / � -- -- � •J+C W - -_ – aaa s.aarwr • Ft 1 r , r. 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O` N C E Y N rte+ O °� E E (D 04 c r o . W co w I.- c N O m co v u co C _ N a M> N N CO C� LO ( N a3E �o N M > Q) O N y O 0 � D �.y M y LO O r O 'C O L 3 l." v N ° `o w N pJ ( IT ` O c O A r N co Q m w U Z M S4 � Y ) i w a rn w "t w 00 kn O c+f N O N � M � O N H3 M CO L U� w w kn 00 M tH r co O � CN 1 O CV) _ co M C_ p O O C N O N E � CL N 0 0o w o N � � 2 cm ^d O l- W t1 N L a N y 0) N N .N •� o = c w � w adi o � O T r w N a Ch N a N N ° 3 x C LP, w ;f rn OD s M - N M y r�•i M 7 '—' W M AD s 0�r o � �n d m a� y G > Q *t" J A Regular Andover Planning and Zoning Commission Meeting Minutes — November 12, 2002 Page 9 PUBLIC HEARING: RESIDENTL4L SKETCH PLAN FOR A DETACHED • TOWNHOUSE PROJECT TO BE KIVOWNAS "CITY VIEW FARM" LOCATED AT 13313 ROUND LAKE BOULEVARD NW. Mr. Bednarz explained the Planning Commission is asked to review a sketch plan for `City View Farm', an urban residential development containing seven detached townhouse lots on an existing 1.34 acre property. The proposed development would require planned unit development review to provide alternative development standards from the typical R-4 requirements. Mr. Bednarz discussed the criteria with the Planning Commission. W. Bednarz stated that due to the fact that access can only be provided from 133` Lane NW, the development potential of the property is limited. If the property were developed under the R-4 Zoning District standards and with a typical public street the result would be three single - family lots. These lots would likely be double frontage lots with backyards facing Round Lake Boulevard. This is not desirable as the view entering Andover could be of fences or possibly cluttered backyards. If the street were designed as a frontage road to allow the three houses to face Round Lake Boulevard, the access at 133` Lane would need to be dangerously close to Round Lake Boulevard. In either scenario, the project would make poor use of the land, would hold down the value of the land, and may be cost prohibitive as a result. is Mr. Bednarz stated the proposed project is a better alternative. With attention to detail during Planned Unit Development Review, the project can become an attractive addition at this entrance to the City. Mr. Bednarz stated there was a neighborhood meeting last week. Mr. Mike Balm, 13313 Round Lake Boulevard discussed the proposed residential sketch plan to the Commission. He stated there are some buildings on the property that are not worth renovating. He stated there would be seven detached townhomes, single family that would be association maintained. Commissioner Falk asked how units with detached garages would sell. Mr. Balm stated he wants to have a backyard courtyard that is useable and away from the road. He stated the detached garages may be an issue but there are only seven units. Falk asked if there is a market out there for detached garages. Mr. Bahn stated he thinks that people would buy them. Commissioner Larsen asked how many townhomes are in the White Bear project. Mr. Bahn stated that on the same size property, there are eight with detached garages in the back. • Regular Andover Planning and Zoning Commission Meeting Minutes — November 12, 2002 Page 10 • Commissioner Falk asked if the private drive is sufficient for the area- Mr. Bednarz stated typically all access would be provided from a public street, but that type of scenario would eliminate the development potential of the property. Commissioner Falk asked if this would be a safety issue. Mr. Bednarz stated emergency access is a concern and there is a turnaround between the last two garages in the sketch. It would need to be modified to accommodate the boiler plate turnaround and they are exploring with the City of Coon Rapids the potential to connect the private drive with the private drive in the townhomes to the south. Commissioner Kirchoff asked if the connection would only be for emergency use. Mr. Bednarz stated this is true. Commissioner Falk asked with a private drive, would the association take care of the snow removal and maintaining the roadway. Mr. Bednarz stated the City would not maintain anything south of 133 Lane and would need to be maintained by the association. Motion by Larsen, seconded by Kirchoff, to open the public hearing at 8:17 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Greenwald, Gamache, Squires) vote. • Ms. Grace Mary, 13385 Willow Street asked if there is going to be a traffic light on 133 Lane to accommodate additional traffic. Mr. Bednarz stated the County went through the area with striping and modifications and he thought this was all they will see at the present time. Ms. Mary stated it is disturbing because there will be a lot more cars. Motion by Kirchoff, seconded by Larsen, to close the public hearing at 8:19 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Greenwald, Gamache, Squires) vote. Mr. Balm stated this project may attract bus line people and the detached garage may encourage the owners to ride the bus. Commissioner Kirchoff stated he thought there was a project in Brooklyn Park with the same type of housing and he liked the design of those. Commissioner Larsen asked how many acres this is. It was noted it was 1.34 acres. Acting Chairperson Daninger stated they are always concerned with private roads and he would encourage the City to look to Coon Rapids for a through street for emergency purposes. He stated he liked the plan as he sees it. Mr. Bednarz stated that this item would be before the Council at the December 3, 2002 City Council meeting. fa- lo s CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Plann4 SUBJECT: PUBLIC HEARING Preliminary Plat for `City View Farm' for Mike Bahn at 13311 Round Lake Boulevard NW. DATE: January 14, 2003 INTRODUCTION The Planning and Zoning Commission is asked to review a preliminary plat for City View Farm, a 7 lot urban subdivision. DISCUSSION Review Process Ordinance 10 outlines the requirements for preliminary plat review. The Planning Commission is . asked to determine whether the proposed subdivision is in conformity with the Comprehensive Plan, and shall take into consideration the requirements of the City and the best use of the land. Particular attention shall be given to the arrangement, location and widths of streets, drainage and lot sizes. 9.02, 9.03 Street Plan The proposed development would be served with a private driveway. Individual driveways would provide additional parking beyond the two stalls within each garage. The applicant is proposing to create an outlot for the private driveway and provide drainage and utility easements over the outlot to allow the City access. The Engineering Department has recommended that only easements be provided and that no outlot be created. This recommendation reflects how this situation has been handled in similar developments in the past. This is not a significant issue, but one that does need to be resolved, because the depth of the lots and association documents will be affected. The Planning Commission is asked to recommend either for or against the outlot. A turnaround is shown on the attached preliminary plat. This type of turnaround would be similar to the emergency entrance at the end of the Nature's Run cul -de -sac in that a base material is installed to support the weight of emergency vehicles and grass is allowed to grow over it. The Fire Department has asked that a condition of approval be added to require the association to plow the turnaround to ensure access throughout the year. No parking on the • private driveway or in the turnaround will be permitted. Pedestrian Access A concrete sidewalk exists along the east side of Round Lake Boulevard. The project will • provide private sidewalk access from the front of each unit to the public sidewalk along Round Lake Boulevard. No sidewalk or trail is proposed along 133 Lane NW or the private driveway. 9.04 Easements Drainage and utility easements will be located over the private driveway and also between lots 5 and 6 where storm water conduit will be located to ensure the City will have access for long term maintenance of the utilities. This site is designated to receive a City entrance monument sign. The sign will be located within an easement near the southwest edge of the project. The sign will incorporate a welcoming message with the City logo arranged atop a small mound framed with landscaping. A requirement to create 30 foot wide by 9 foot deep easement for this purpose has been included in the resolution. 9.06 Lots The proposed project is seeking Planned Unit Development review as a part of the Special Use Permit request. This permit would allow different development standards from the typical R -4 requirements as discussed in that report. Buildability requirements of Ordinance No. 10 Section 9.06a(1) All lots are required to meet the provisions of Ordinance No. 10, Section 9.06a(1) which relates to lot size and buildability requirements. The applicant has demonstrated that each of the lots will be buildable. Drainage Facilities Storm water from the development will be routed on the site to reach the existing storm water trunk along Round Lake Boulevard. 9.07 Parks, Park Dedication The Park and Recreation Commission has requested that park dedication and trail fees be paid at the rate in effect at the time of final plat approval. The developer is also required to meet the following City Ordinances and all other applicable ordinances: Ordinance No. 8, the Zoning Ordinance Ordinance No. 10, the Platting and Subdivision Ordinance Ordinance No. 107, Shoreland Management Ordinance Ordinance No. 108, Flood Plain Management Ordinance Ordinance No. 114, Wetland Buffer Ordinance Ordinance No. 214, Diseased Shade Tree Ord. & Tree Preservation Policy Coordination with other Agencies • The developer and/or owner is responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District, Minnesota Pollution Control Agency, LGU, Anoka County Highway Department and • any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding this item. Attachments Resolution Location Map Preliminary Plat (Full Size in packet) Grading Plan (Full Size in packet) Utility Plan (Full Size in packet) Sketch Plan Minutes ACTION REQUESTED The Planning Commission is asked to recommend approval of the Preliminary Plat for City View Farm subject to the conditions of the attached resolution. Res ectfully submitted, I . �e Cc: Mike Bahn, 13311 Round Lake Boulevard 11 u CITY OF ANDOVER COUNTY OF ANOKA • STATE OF MINNESOTA RES. NO R -03 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "CITY VIEW FARM" FOR PROPERTY LOCATED IN SECTION 32, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS; Lot 1, Block 1, Weise's Second Addition, except the east 355 feet thereof as measured parallel with the south line of said lot, Anoka County, Minnesota WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 10, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area, and; • WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the plat, and; WHEREAS, the Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the preliminary plat with the following conditions: Approval of the preliminary plat is contingent upon approval of a Comprehensive Plan Amendment, Rezoning and Special Use Permit for Planned Unit Development Review. If any one of these applications or requests fails to be approved, in whole or in part, the preliminary plat shall be considered null and void. 2. The Special Use Permit for Planned Unit Development review shall regulate the setbacks, design and materials of the units, landscaping plan, area identification sign and association documents for the proposed development. The applicant shall dedicate to the City a thirty foot wide by 9 foot deep easement to be located along the east boundary of the plat between Lot 6 and 7 for the purpose of • locating a City entrance monument sign. —`f- • 4. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 5. It shall be the responsibility of the homeowners association to maintain the emergency vehicle turnaround throughout the year, including plowing the turnaround during the Winter. If the homeowners association fails to maintain the turnaround, the City will require the homeowners association to pave the turnaround. 6. No parking shall be permitted along the private driveway or within the emergency vehicle turnaround. Signage shall be located as required by the City of Andover Engineering Department. 7. Park dedication and trail fees shall be based upon the rate in effect at the time of fmal plat approval. 8. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 9. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. . Adopted by the City Council of the City of Andover this day of 20_ CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. 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I \ , ., • IC_I \I1 1 I I e F I 1 �( r f I • i li JI I g i � e Al ^ i RDINID LAKE BLVD. 1 K ---- - - - --t A -�' �� -- -"L' • � f ` (� ' y �,. z..�• ____ __________.� $� r kkk Qi - , } _ h- -------------------------- - - - - -- - - - -- - - - -- Ll- -._ 31; P 6M 1 ' I Y i j �i �� t ' 1 I •j I Jqr a'V I6 f1) � 4 �a°v r nc (m" m) • n.°¢ TULIP STREET N.W Iw�•3 ' - d R� \` r -- ____________ -; vrvvVt.. r�IVV I l_I �I� �` ' r-Ir - TI . ��'1 $ ( ' —F.�� I ( i I a - I IN t CNF N�" iiT Regular Andover Planning and Zoning Commission Meeting Minutes — November 12, 2002 Page 9 PUBLIC HEARING: RESIDENTL4L SKETCH PLAN FORA DETACHED TOWNHOUSE PROJECT TO BE KNOWNAS "CITY VIEW FARM" LOCATED AT 13313 ROUND LAKE BOULEVARD NW. Mr. Bednarz explained the Planning Commission is asked to review a sketch plan for `City View Farm', an urban residential development containing seven detached townhouse lots on an existing 1.34 acre property. The proposed development would require planned unit development review to provide alternative development standards from the typical R4 requirements. Mr. Bednarz discussed the criteria with the Planning Commission. Mr. Bednarz stated that due to the fact that access can only be provided from 133` Lane NW, the development potential of the property is limited. If the property were developed under the R-4 Zoning District standards and with a typical public street the result would be three single- family lots. These lots would likely be double frontage lots with backyards facing Round Lake Boulevard. This is not desirable as the view entering Andover could be of fences or possibly cluttered backyards. If the street were designed as a frontage road to allow the three houses to face Round Lake Boulevard, the access at 133 Lane would need to be dangerously close to Round Lake Boulevard. In either scenario, the project would make poor use of the land, would hold down the value of the • land, and may be cost prohibitive as a result. Mr. Bednarz stated the proposed project is a better alternative. With attention to detail during Planned Unit Development Review, the project can become an attractive addition at this entrance to the City. Mr. Bednarz stated there was a neighborhood meeting last week. Mr. Mike Bahn, 13313 Round Lake Boulevard discussed the proposed residential sketch plan to the Commission. He stated there are some buildings on the property that are not worth renovating. He stated there would be seven detached townhomes, single family that would be association maintained. Commissioner Falk asked how units with detached garages would sell. Mr. Balm stated he wants to have a backyard courtyard that is useable and away from the road. He stated the detached garages may be an issue but there are only seven units. Falk asked if there is a market out there for detached garages. Mr. Bahn stated he thinks that people would buy them. Commissioner Larsen asked how many townhomes are in the White Bear project. Mr. Bahn stated that on the same size property, there are eight with detached garages in the back. is to - Regular Andover Planning and Zoning Commission Meeting Minutes — November 12, 2002 Page 10 Commissioner Falk asked if the private drive is sufficient for the area. Mr. Bednarz • stated typically all access would be provided from a public street, but that type of scenario would eliminate the development potential of the property. Commissioner Falk asked if this would be a safety issue. Mr. Bednarz stated emergency access is a concern and there is a turnaround between the last two garages in the sketch. It would need to be modified to accommodate the boiler plate turnaround and they are exploring with the City of Coon Rapids the potential to connect the private drive with the private drive in the townhomes to the south. Commissioner Kirchoff asked if the connection would only be for emergency use. Mr. Bednarz stated this is true. Commissioner Falk asked with a private drive, would the association take care of the snow removal and maintaining the roadway. Mr. Bednarz stated the City would not maintain anything south of 133` Lane and would need to be maintained by the association. Motion by Larsen, seconded by Kirchoff, to open the public hearing at 8:17 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Greenwald, Gamache, Squires) vote. Ms. Grace Mary, 13385 Willow Street asked if there is going to be a traffic light on 133` • Lane to accommodate additional traffic. Mr. Bednarz stated the County went through the area with striping and modifications and he thought this was all they will see at the present time. Ms. Mary stated it is disturbing because there will be a lot more cars. Motion by Kirchoff, seconded by Larsen, to close the public hearing at 8:19 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Greenwald, Gamache, Squires) vote. Mr. Bahn stated this project may attract bus line people and the detached garage may encourage the owners to ride the bus. Commissioner Kirchoff stated he thought there was a project in Brooklyn Park with the same type of housing and he liked the design of those. Commissioner Larsen asked how many acres this is. It was noted it was 1.34 acres. Acting Chairperson Daninger stated they are always concerned with private roads and he would encourage the City to look to Coon Rapids for a through street for emergency purposes. He stated he liked the plan as he sees it. Mr. Bednarz stated that this item would be before the Council at the December 3, 2002 City Council meeting. • 4/—