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Home My WebLink About11/12/03CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763)755 -8923 Andover Planning and Zoning Commission Meeting Agenda November 12, 2003 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — October 14, 2003 3. PUBLIC HEARING: Conditional Use Permit (03 -13) for a two family home conversion at 2525/2527 138 Avenue NW. 4. PUBLIC HEARING: Lot Split �03 -04) to create anew rural residential lot from property located at 1869 157 Lane NW. 5. PUBLIC HEARING: Conditional Use Permit (03 -12) for a church to be located in a residential district at 2880 South Coon Creek Drive. 6. PUBLIC HEARING: Conditional Use Permit (03 -11) for a drive through facility for Walgreens located at the southeast corner of Bunker Lake Boulevard and Quinn Street NW. 7. ` PUBLIC HEARING: Lot Split (02 -09) to create a new rural residential lot from property located at 16030 Makah Street NW. 8. Adjournment CITY of ANDOVER • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 7554923 TO: Planning and Zoning. Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - October 14, 2003 DATE: November 12, 2003 Request The Planning and Zoning Commission is asked to approve the minutes from the October 14, 2003 meeting. • • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US PLANNINGAND ZONING COMMISSION MEETING — OCTOBER 14, 2003 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on October 14, 2003, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Tony Gamache, Rex Greenwald (arrived at 7:06 p.m.), Dean Vatne, Jonathan Jasper and Michael Casey. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarz Community Development Director, Will Neumeister Associate Planner, Andy Cross Others 0 APPROVAL OF MINUTES. September 23, 2003 Motion by Gamache, seconded by Kirchoff, to approve the minutes as presented. Motion carried on a 5 -ayes, 0 -nays, I- present ( Daninger), 1- absent (Greenwald) vote. VARIANCE (03 -09): TO CITY CODE 12 -3-4 MINIMUM DISTRICT REQUIREMENTS TO ALLOW REDUCED SIDE YARD SETBACK FROMA COUNTYROAD AT 3479 SOUTH COON CREEKDRIVE Mr. Cross explained that the applicant's house was built in 1995 with its side yard facing Round Lake Boulevard. At that time the property conformed to the 40' County Road setback as required in the R-4 zoning district. As Anoka County and MnDOT proceed with project 402- 609 -12, the Round Lake Boulevard Expansion, the property's side yard setback will be reduced to 29'. Without a variance, the applicant's property will become legal non - conforming. The applicant is requesting a variance to the City's setback requirement so their property can is remain legal conforming despite its reduced setback along the County Road. Regular Andover Planning and Zoning Commission Meeting Minutes — October 14, 2003 Page 2 • Mr. Cross discussed the information with the Commission. Commissioner Vatne stated it was noted as impacting other properties, has other variances been granted at this time. Mr. Bednarz stated there is one property owner with similar circumstances that they have granted a variance for. Motion by Kircboff, seconded by Gamache, to approve the request for a variance to allow the property at 3479 Coon Creek Drive to have a side yard setback of 29' along the County Roadway because it meets the criteria for granting a variance based on the County's road widening project. Motion carried on a 7 -ayes, 0 -nays, 0- absent (Greenwald) vote. . Mr. Bednarz stated that this item would be before the Council at the November 4, 2003 City Council meeting. Commissioner Greenwald arrived at 7:06 p.m. PUBLIC HEARING: PRELIMLVARYPLAT FOR ANDOVER MARKETPLACE EAST, A COMMERCL4L DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OFBUNKER LAKE BOULEVARD AND MARTINSTREET NW. • Mr. Bednarz explained that the applicant is proposing to create a commercial development in the area south of Bunker Lake Boulevard between Martin and Quinn Street NW. The development has been reviewed and revised on several occasions based on input by the Economic Development Authority (EDA). The preliminary plat is being brought forward at this time to create three commercial lots and five outlots from the subject property for the first phase of construction. Once the plat has been approved, the final details of each site will be determined through the Commercial Site Plan review process. Mr. Bednarz discussed the information with the Commission. Mr. Bednarz noted that the EDA is a member of the Association but will no longer own land once the development is completed. He explained that there is a need for a trail easement on the south edge of the property. There will be a public trail constructed on the north side of Station Parkway. Commissioner Jasper asked who the outlots would be owned by. Mr. Bednarz stated the outlots would be owned by the owners association. Commissioner Jasper asked how the outlots will be maintained and what assurance will be made for maintenance. Mr. Bednarz stated there are association documents to make Regular Andover Planning and Zoning Commission Meeting Minutes — October 14, 2003 Page 3 • sure the property is maintained and if they are not, the City will have the ability to maintain them and assess the cost back to the owners. Commissioner Vatne stated there was discussion previously to relocate the ponds, he wondered if there was a comfort level that the ponds can be moved and that the outlots can be used. Mr. Bednarz stated there has been extensive review of this project and in working with the Coon Creek Watershed that level of comfort has been reached. Commissioner Kirchoff asked with the increase in traffic at the Quinn Street intersection, could the inbound lane be given a little more width. Mr. Bednarz stated Quinn Street was designed and constructed to serve the needs of both the Festival Food site and the rest of the development and no changes are contemplated. Commissioner Gamache asked if there has been thought to install signs on Bunker Lake Boulevard to try to deter trucks from using that entrance and they should use Hanson Boulevard. Mr. Bednarz stated they have had some comments on the design of the loading dock and they have revisited the plan and they did a field inspection and it was built per the plan. The turning radius width is there to allow a full size truck to make those movements. Motion by Kirchoff, seconded by Casey, to open the public hearing at 7:15 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. There was no public input. Motion by Kirchoff, seconded by Gamache, to close the public hearing at 7:16 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Jasper asked within the packet of material there is a detailed signage plan for turn lane and parking but no information for retail signage, is this a part of another review. Mr. Bednarz stated they have looked at a sign for both Target and Walgreen's and it has been revised several times. The signs would be similar to what exists for the Movie Theater and restaurant. He stated the sign does incorporate some brick and rock face block as the foundation and then individual sign plates. Commissioner Greenwald asked if the outlots would be sufficient for a restaurant. Mr. Neumeister stated the lot on the comer of Martin Street and Bunker Lake Boulevard was increased in size for this reason. He stated the other two sites on the southwest comer are being worked on for restaurants or retail uses. Commissioner Greenwald asked under City Code 11 -37 "Parks and Park Dedication ", is this above normal or normal that it is ten percent of the market value of the property that would be required to pay the satisfied park dedication. Mr. Bednarz stated that is the • Ordinance requirement for commercial or industrial property. Commissioner Greenwald stated he thought the amount was excessive. Regular Andover Planning and Zoning Commission Meeting Minutes — October 14, 2003 Page 4 r1 LJ Commissioner Greenwald stated he hoped safety is going to be a consideration in the landscaping for this because previous landscaping in the development has gotten out of hand and become dangerous. Mr. Bednarz stated this has been identified as an issue that needs attention. Some of the landscaping on the east side of the Theater will be cut back to allow better site lines for exiting. Chairperson Daninger stated the commercial site plan will be a more detailed site plan of the store front but he wondered how this will compare to other businesses there. Mr. Bednarz stated the intent is for the design of all of the buildings to follow the theme of the Festival Foods development as well as the Theater and Tanners Restaurant to tie everything together. He stated they have not seen a final plan on the building elevations at this point. Mr. Keith Ulstad, United Properties, explained he is familiar with the architecture of Walgreen's and Target. He is selling land to both entities. They specified to Target that they would like them to compliment Festival foods. He stated Target has been in contact with the architect of Festival Foods to see how to tie these buildings together architecturally. Discussion ensued in regards to the upkeep of the developments outlots. Motion by Greenwald, seconded by Gamache, to recommend to the City Council • approval of Resolution No. , approving the proposed plat subject to the conditions listing in the attached resolution and any additional items of concern. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the November 4, 2003 City Council meeting. PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR AN URBAN RESIDENTLAL DEVELOPMENTPROPOSED BYS.W. WOLD CONSTRUCTION FOR PROPERTYLOCATED AT 1101 16i' AVENUE NW. Mr. Bednarz explained the Planning and Zoning Commission is asked to review a residential sketch plan for a single family urban residential development. Mr. Bednarz reviewed the criteria with the Commission. Mr. Bednarz stated the City Council approved a comprehensive plan amendment to include the property within the 2020 Municipal Urban Service Boundary and within the current (2000-2005) stage of sewer expansion on October 7, 2003. The approval is subject to review by the Metropolitan Council. This amendment included a maximum of • 47.5 acres that would be served with municipal sewer. The discussion included a density Regular Andover Planning and Zoning Commission Meeting Minutes — October 14, 2003 Page 5 • of 2.1 units per acre which would yield a total of approximately 100 units for the proposed development. The sketch plan exceeds this total and will need to be revised to conform to the limitations placed by the City Council. The property is zoned Single Family Rural Residential (R -1). A rezoning to Single Family Urban Residential (R-4) and (M -1) Multiple Dwelling Low Density will be needed. Planned Unit Development review would be necessary for the proposed townhouses. Mr. Bednarz discussed with the Commission the sketch plan. Commissioner Kirchoff stated some people have asked for two accesses onto 161`. He did not see any reason for this because they are so close together anyway; he wondered what the purpose would be for this. Mr. Bednarz stated they are showing only one access with the alternate being a cul -de -sac. If there were a second access with no cul -de -sac, they would need feedback from the Anoka County Highway Department to see how those accesses would work. He stated a second access would be very desirable for safety reasons. Commissioner Jasper asked which street is a feeder street. Mr. Bednarz stated the collector street would be which ever access would come off of County Road 20 and • extend to the North edge. Commissioner Gamache asked if they were to go with the second scenario, the little square is ghosted in on one plan and is shown as an access on the other plan, is that piece of property part of this development or not. W. Bednarz stated this is something for the developer to answer because he is not sure. Mr. Scott Wold, with Pentagon Holdings said this is showing what could be proposed in the future. They do not own the property. Commissioner Gamache stated the reason he brought this up is because in plan two the access is going through the lot. Mr. Wold stated whichever one is more viable and desirable for both Planning and Council, they may go forward with and invite this into the plat. Commissioner Kirchoff stated they are looking at 47.5 acres and if they would include the other acres and would this have the effect on the number of units. Mr. Wold stated he understood it would. Mr. Bednarz stated the 2.5 acre parcel of land is currently outside of the MUSA and they would have to petition the City to have this brought into the MUSA. Commissioner Vatne stated on the NW part of the property, that is the wetland, will that be impacted by the hydrology study once it is completed in that the lots that are adjacent to that may or may not be buildable. Mr. Bednarz stated the hydrology study will show right where the line falls. He stated that right now it is an estimate. He explained that the Regular Andover Planning and Zoning Commission Meeting Minutes — October 14, 2003 Page 6 line may be pulled back and there may be more buildable area, but the study still needs to • be done to determine exactly what the elevation of the floodplain is. Commissioner Gamache stated the measurement on this property has to go all the way back to 161 " Ave. NW. Mr. Bednarz stated this is correct Motion by Kirchof� seconded by Casey, to open the public hearing at 7:47 p.m. Motion carved on a 7 -ayes, 0 -nays, 0- absent vote. There was no public input. Motion by Gamache, seconded by Casey, to close the public hearing at 7:47 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Greenwald stated this is another item with a long cul-de -sac and there would need to be a rezoning with this. Mr. Bednarz stated the rezoning would come with the plat. Commissioner Gamache stated he liked plan two because it takes the traffic off the main road. Commissioner Greenwald stated this also lengthens the length of the cul -de -sac from 161 "Ave. NW. Discussion ensued in regards to the length of the cul -de -sac, wetlands and the type of housing proposed. Chairperson Daninger explained there is a big concern about a feeder street. They should look at the sketch plan not having driveways on a feeder street. He stated the developer also needed to look at changing the roads to not include such a long cul -de -sac. Chairperson Daninger stated that the number of units needs to meet the sewer access allowed by Council and they need to have the hydrology report. He stated he would like more definition on townhomes. Commissioner Gamache stated he would prefer to see single family homes in this development and to exclude townhomes. Commissioner Kirchoff suggested they may not want to pursue two access points off of 161 because they will be right next to each other and would be a waste. He stated to get this to work, they should look at the possibility of an emergency access be developed to the level the Fire Chief has recommended. Mr. Wold explained the roads in the development are all designed and they have done a wetland delineation and the road is configured in such a way that moving this over will not allow them to bring the road to the north. He does not know any other way of putting a feeder street in to the north. He stated that this is what the City has said they want. As Regular Andover Planning and Zoning Commission Meeting Minutes — October 14, 2003 Page 7 • far as access, he does not think the County will allow them two accesses six hundred feet apart. Mr. Wold stated that they are coming up with a sketch on the townhomes. They are using the townhomes as a buffer between the railroad tracks and the single family housing. He stated that the reason for the deep long lots is because of the wetlands that are there. He stated they have delineated so this will not adjust how the lots will lay out once the wetland study is done. The wetland study was done by Wenk Engineering, who does the engineering and approvals for the Coon Creek Watershed District. This property is the headwaters for the Rum River so they will contain water in the development and surrounding areas will not impact this development. Commissioner Jasper asked if they have explored a second access across the railroad tracks. Mr. Wold stated right now this is a private access and they do not have this access purchased. Discussion continued in regards to the length of the cul -de -sac and future connection to the north. Chairperson Daninger asked Mr. Wold if he had enough guidance from the discussion. Mr. Wold asked how he is supposed to run the cul -de -sac for future connection to the north without having a long cul -de -sac. Chairperson Daninger stated they understood his dilemma but they are guided by the current ordinance in effect. Mr. Bednarz stated that perhaps the North end of the development should not be allowed to develop until a street connection can be made. The Commission continued to discuss cul -de -sac length. PUBLIC HEARING: COMPREHENSIVE PLANAMENDMENT (03 -07) TO EXTEND THE METROPOLITAN URBAN SERVICE AREA BOUNDARY(MUSA) TO INCLUDE PROPERTY LOCATED WEST OF NIGHTINGALE ESTATES THIRD ADDITION. Mr. Bednarz explained the applicant is requesting a Comprehensive Plan Amendment to extend the Municipal Urban Service Boundary (MUSA) to include the subject property. The applicant is also requesting that the property be .guided for the current stage of sewer expansion (2000 - 2005). This would allow the property to be developed at an urban density with municipal sewer and water as early as next year. Mr. Bednarz discussed the staff report with the Commission. Commissioner Kirchoff stated Rural Reserve has a connotation that this will be a rural • area preserved for the future and this is not the intention, it is to make orderly growth in Regular Andover Planning and Zoning Commission Meeting Minutes — October 14, 2003 Page 8 the future and to allow future sewer capacity and water needs based on the three and a • half units per acre and this will develop into a residential setting sometime in the future. Mr. Bednarz stated the intent of the Rural Reserve was to set aside 1,000 acres for future urban development and to put growth restrictions on it in the interim to prevent rural subdivisions from el iminatin g that possibility. Commissioner Jasper stated the first thing that occurred to him was the only road access was outside of the MT SA and in the Rural Reserve that is not in the request to change. He wondered how this is accomplished if it is not part of the proposal and do they own the land. Mr. Bednarz stated in terms of constructing the roadway through the property that can be accomplished through property that is in Ag Preserve or in Rural Reserve. In terms of constructing a roadway through property that is in Ag. Preserve, the expense of that improvement would be bom by that developer and could not be assessed back to that Ag property at any time in the future. It can be done but it would be wholly paid for by the development. Commissioner Jasper asked why there was a swap and why can't they develop the land that is already in the MUSA. Mr. Bednara stated this would be a question for the developer. Motion by Gamache, seconded by Kirchoff, to open the public hearing at 8:40 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. • Mr. Dan Johnson asked if it would be better for the developer to give his viewpoint before the audience asks questions. Chairperson Daninger and the Commission thought this would be fine. Mr. Byron Westlund, Woodland Development, explained his reasons for the land swap. Mr. Westlund stated from the beginning Woodland Development and the Slyzek family requested this piece of property not be included in the Rural Reserve. He stated the property is serviced for City sewer and water and is stubbed to a five acre piece to the west of Woodland Estates 4 Addition and they do own the 5.1 acres that is next to it where the proposed roadway is going to go through, it is in Ag. Preserve and has been withdrawn and is due to come out in 2007. He stated it has always been their intent to develop that as well as another five acre piece to the south. Commissioner Gamache stated the property to the south they are proposing to swap with, what is the landowners thought on this land. Mr. Westlund stated this is the Slyzek family that owns this land and they are aware of the request and support them on this. Mr. Johnson, 2165 154th Lane, stated that after listening to them tonight, as far as a land swap, he did not think this would fit into the plans because it will be an isolated piece of land by itself and will have a big cul -de -sac. He asked how the City knows it will fit into • the future of the Rural Reserve. Regular Andover Planning and Zoning Commission Meeting Minutes — October 14, 2003 Page 9 • Mr. Dave Longermet, 2279 154 Lane NW, stated he is not opposed to development in this neighborhood. He is opposed to the MUSA switch because the plan was going to be that the development would not be in the next five to seven years, than the area west of Nightingale Estates would be able to be developed. This gives the neighborhood time to plan. Mr. Jerry Hippa, 15330 Uplander Street NW, explained he agreed with what the others mentioned and it appeared to him to be a leap frog type of decision. He stated he thought this would be more advantageous for the land owner and developer than it would be for the community. Motion by Greenwald, seconded by Vatne, to close the public hearing at 8:51 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Chairperson Daninger asked what the future plans were for the development to the north. Mr. Westlund stated the future development to the north is not in their business plan and they do not have any rights to that property. He has talked to another developer regarding properties in the area. Chairperson Daninger stated if they recommend denial of the swap, when they would develop the property they want to swap. Mr. Westlund stated he does not have an interest • in developing this property because of the peat and the Slyzuk family does not have any interest in selling this land because of the good farmland. Commissioner Vatne stated if this swap were to take place, it would put into the Rural Reserve, property that is less developable. This has been a concern all along with the amount of acreage and number of units that could be developed. Discussion ensued in regards to the Rural Reserve and the proposed swap. Commissioner Gamache stated he is totally against the swap because this would be leapfrogging and he would like to see orderly development and by recommending the swap, they will end up with small developments everywhere and nothing will get connected to each other. Commissioner Kirchoff asked if there would be a cost to the City if they allowed this land to swap and be developed. Mr. Bednarz stated the development would be required to pay for all infrastructure costs. Commissioner Greenwald asked if both pieces of land would allow the same number of houses to be constructed. Mr. Westlund stated he did not know this. Commissioner Greenwald stated this would be the cost, tax revenue. • Commissioner Casey stated he failed to see what is wrong with the proposal. Regular Andover Planning and Zoning Commission Meeting Minutes — October 14, 2003 Page 10 • Commissioner Kirchoff stated the area is planned for urban development. He was in favor of the proposal. Discussion continued regarding how the Rural Reserve was decided at the time and how in depth was it discussed at the time. Commissioner Jasper stated this spring the City had detailed discussion regarding the Rural Reserve and they went through a long process and the decision was made to include this property in the Rural Reserve. He thought this was premature to allow the swap. Commissioner Vatne explained he agreed. He thought it was critical that the plans for the future be defined on how they are going to route their transportation systems, what they are going to do with their waterways and the treatment of the ditches. He thought they needed to have a better understanding of the developments that will be proposed. He stated he did not think they had enough definition as to how this will work to make an approval like this. The onus is on the developers and landowners if they want to speed the process along and he thought it was critical to get a better understanding of what the roadways are going to look like, how the hydrology studies are conducted such that they understand the water flow. All of this needs to be done in a timely manner, so the development can be allowed to proceed. • Commissioner Gamache stated he agreed with Commissioner Vatne. Mr. Westlund stated he thought they have gone quite extensive in trying to plan, given the information that is required by the City. He stated they have gone outside the boundaries of their plat, they have looked at the transportation plan, and they have addressed park issues and are looking at storm sewer issues. He stated they have gone beyond even what the City has done. He stated there has been a lot of thought to this. Motion by Kirchoff, seconded by Casey, to recommend to the City Council approval of Resolution No. , approving the proposed Comprehensive Plan Amendment allowing expansion of the MUSA boundary and adjustment of the sewer staging plan as requested. Motion failed on a 2 -ayes, 5 -nays (Jasper, Vatne, Greenwald, Gamache, and Daninger), 0- absent vote. Chairperson Daninger stated the motion failed and a new motion needed to be made. Motion by Gamache, seconded by Vatne, to recommend to the City Council denial of Resolution No. , denying the proposed Comprehensive Plan Amendment to allow expansion of the MUSA boundary and adjustment of the sewer staging plan as requested. Commissioner Gamache stated he made this motion because he does not feel comfortable • making a favorable motion because the City has put a plan together not that long ago. Regular Andover Planning and Zoning Commission Meeting Minutes — October 14, 2003 Page 11 Commissioner Vatne stated it is not a short coming in the work that has been done by the developer. It is a mismatch between where the City is at and being able to move to execute the proposed plan. Chairperson Daninger stated he did not believe it was advisable to move ahead without a plan for the Rural Reserve. Commissioner Greenwald stated he did not see the hardship on the real reason for the switch. The Commission knows that eventually they will both be developed. Commissioner Kirchoff stated this is unusual in that they do not usually see the same property owner swap out land he was in favor of the proposal. Commissioner Jasper stated this is a timing issue to him. They have just gotten through the Rural Reserve, they have not had time to look at what should happen with that property as a whole and until that decision is made, it is premature to do this. Motion carried on a 5 -ayes, 2 -nays ( Kirchoff, Casey), 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the November 4, 2003 City Council meeting. PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR AN URBAN RESIDENTIAL DEVELOPMENT PROPOSED BY WOODLAND DEVELOPMENT FOR PROPERTYLOCATED WEST OF NIGHTINGALE ESTA TES THIRD ADDITION. Mr. Bednarz explained the Planning and Zoning Commission is asked to review a residential sketch plan for a single family urban residential development.. Mr. Bednarz reviewed the staff report with the Commission. Commissioner Kirchoff asked why lawn maintenance of lots 2, 3, and 5 will be difficult due to the location of the pond. Mr. Bednarz stated this regards the sketch plan where they have lots r unning through the pond. If they had lots with that orientation, they would have trouble accessing the rear of the property to mow the lawn. The revised sketch addresses that concern with locating a neighborhood park there. Motion by Casey, seconded by Kirchoff, to open the public hearing at 9:30 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Dave Long, 2279 154'' Lane NW, stated he had a couple of questions and concerns. • He stated the first concern is traffic safety. He stated he lives on Crosstown Boulevard Regular Andover Planning and Zoning Commission Meeting Minutes — October 14, 2003 Page 12 which is two lanes and he wondered when this County Road would be developed to make • it a safer road. The second concern is they have to put a price on crime prevention and residents will have to look for ways to secure their items on their property with more people roaming around in the neighborhoods. Chairperson Daninger asked in regards to development to the County Road, is the development paying for the upgrades of these roads. Mr. Bednarz stated the developer pays for all the roads within the development. Outside of the development; the City is looking to upgrade Nightingale St. in 2005 -2006. This is within the cities control and would be funded by State Aid. Crosstown Boulevard, a County road, is dependent upon the County. The City can contribute state aid to a project, but the timing is up to Anoka County. Mr. Dan Johnson, 2165 154 Lane, explained the history of Andover's sewer and water over the years. Mr. Johnson explained some of his concerns with the development is that this is one large cul -de -sac and all of the other developments surrounding the proposed development are all hypothetical. They are currently only looking at one access into one isolated piece of property. Mr. Johnson stated he was concerned with the traffic on 152 Lane NW. He thought the for be considered down the road. timing this was premature and should Mr. Jerry Hippa, 15330 Uplander, stated his comment is to just make sure there is a more defined plan of where the roads will go from this development before the development is approved so there is not any problems in the future. Motion by Gamache, seconded by Vatne, to close the public hearing at 9:40 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. The Commission took a recess at 9:41 p.m. Commissioners Gamache and Greenwald left the meeting at 9:41 p.m. The Commission reconvened at 9:46 p.m. Mr. Westlund stated there has been a lengthy discussion about the access in and out of the development. They have looked at this at length and on the sketch plan, from 152 to 161` there is continuation of streets going to the north, south, and west. As far as transportation issues they have done what they think is as good as can be done. Regular Andover Planning and Zoning Commission Meeting Minutes — October 14, 2003 Page 13 • Mr. Westlund stated as far as planning, they took into account the park concerns and the ponding issues. They created a drainage ponding and a neighborhood park for the area. Mr. Westlund discussed the transportation problems and what they have done to alleviate it. Commissioner Kirchoff stated the Fire Chief cannot recommend anything that goes beyond five hundred feet, however, they are a developing City and they would never be able to build any road without the temporary cul -de -sac situations. Chairperson Daninger asked why a developer puts a pond by the park. Mr. Bednarc stated there was not a generalized answer to that. Commissioner Jasper commented on the site plan. He stated he understands the residents concern regarding the traffic but he does not see any other choice because the land that has been developed around it leaves no other choice. Commissioner Kirchoff stated that people like cul -de -sacs. By adding a north/south street, it would help out with the traffic flow. He stated he thought this was a good development. Commissioner Casey agreed. Chairperson Daninger stated they always like the ghost plat to give them ideas and to have two accesses coming out of it, adds to it and helps in the future. Commissioner Vatne stated in reading the staff report, it was noted that the majority of Council members indicated they would accept the single access into the development. He asked if this was a one time occurrence where they would accept this or would this be in a general sense. If they were to accept this as a general issue, it may have some bearing on the five hundred foot cul -de -sac rule they are trying to abide by so there may be an issue with the requirement on the cul -de -sac. Mr. Neumeister stated he was at the meeting and the Council deliberated on this and because there would be future connections on the north and west, they were willing to accept this because it was similar to some other developments where in the short term, it was a one way in, but ultimately it would be extended so they were willing to look at this. Chairperson summarized the concerns of the Commission regarding the cul-de -sac and traffic involving the development. W. Bednarz stated that this item would be before the Council at the November 4, 2003 City Council meeting. • Regular Andover Planning and Zoning Commission Meeting Minutes — October 14, 2003 Page 14 PUBLIC HEARING: REZONEVG REQUEST TO CHANGE THE ZONING DESIGNATIONFROM GENERAL BUSINESS (GB) TO MULTIPLEDWELLING (M-2) FOR "VILLASATANDOVER STATION". Mr. Cross explained the Planning and Zoning Commission is asked to review the proposed rezoning to allow for residential development on a parcel in Andover Station. Mr. Cross discussed the information with the Commission. Commissioner Kirchoff stated with this development being in close proximity to Target and Festival, was there a trail to allow the people access to both shopping areas. Mr. Neumeister showed on the site plan where the trail would be. Commissioner Vatne asked in item eight, it talks about being currently zoned for Commercial Use only and being rezoned to Residential Development. In item nine, it talks about the property being currently guided for Urban Residential High Density on the Comprehensive Land Use Plan. He wondered how this could be zoned one way and the Comprehensive Plan identifies this in another direction. Mr. Neumeister stated in this case, there is a redevelopment area identified by the City's EDA. They were reluctant to rezone until they actually had a development they wanted to pursue. Commissioner Jasper asked if the gate monuments were decorative and not operational. Mr. Neumeister stated that was correct. . Commissioner Jasper asked in the various motions, where it indicates the various outlots will not be allowed and will be reincorporated into the property. Mr. Neumeister stated it would be under the plat, but he did not see it in there, so they would need to add this as a condition to the motion. Commissioner Jasper asked if the picture of Wrenwood Hills was his development and would this development look like that one. Mr. Greg Schlink, representing Bruggeman Properties, 3564 Rollingview Drive stated Wrenwood Hills was very representative of this project. It was their idea that this ties in with Andover Station so they can be compatible with it. The pathway system will connect to Andover Station. He stated on the garages, they have changed the plans to extend the garages two feet longer and two feet wider per the EDA's recommendation. Chairperson Daninger asked if staff was comfortable with the design of the unit. W. Neumeister stated they were. Chairperson Daninger asked regarding Station Parkway, they talked about landscaping for residential but not for Station Parkway. He asked if staff was comfortable with the landscaping in the development. Mr. Neumeister showed a layout of the proposed Regular Andover Planning and Zoning Commission Meeting Minutes — October 14, 2003 Page 15 landscaping of the development and explained they do feel comfortable and he described the different plantings to the Commission. Motion by Kirchoff, seconded by Casey, to open the public hearing at 10:29 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gamache, Greenwald) vote. There was no public input. Motion by Kirchoff, seconded by Vatne, to close the public hearing at 10:29 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gamache, Greenwald) vote. Motion by Kirchoff, seconded by Casey, to recommend to the City Council approval of Resolution No. , approving the rezoning request based on the reason that times and conditions have changed. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gamache, Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the November 4, 2003 City Council meeting. PUBLIC HEARING: PRELIMINARY PLAT FOR A DEVELOPMENT OF 75 TOWNHOME UNITS TO BE KNOWNAS "VILLASAT ANDOVER STATION" • LOCATED SOUTH OFSTATIONPARKWAYINANDOVER STATION. Mr. Neumeister explained the Planning and Zoning Commission is asked to review a preliminary plat for the "Villas at Andover Station ", a 75 unit townhome subdivision. Mr. Neumeister discussed the information with the Commission. Motion by Vatne, seconded by Casey, to open the public hearing at 10:30 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gamache, Greenwald) vote. There was no public input. Motion by Vatne, seconded by Jasper, to close the public hearing at 10:30 p.m. Motion carved on a 5 -ayes, 0 -nays, 2- absent (Gamache, Greenwald) vote. Motion by Jasper, seconded by Casey, to recommend to the City Council approval of Resolution No. , approving the Preliminary Plat for the "Villas at Andover Station" subject to the conditions of the attached resolution adding a condition that the outlots as drawn on the preliminary plat submitted be eliminated and incorporated as owned by the development. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gamache, Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the November 4, 2003 • City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes — October 14, 2003 Page 16 PUBLIC HEARING: CONDITIONAL USE PERMIT FOR PLANNED UATT • DEVELOPMENT REVIEW OF "VILLAS AT ANDOVER STATION ". Mr. Cross explained the Planning and Zoning Commission is asked to review a Conditional Use Permit request for a Planned Unit Development (PUD) consisting of 75 units in 10 buildings on 8.65 acres. Approval of the Conditional 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. Mr. Cross discussed the information with the Commission. Motion by Kirchoff, seconded by Vatne, to open the public hearing at 10:32 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gamache, Greenwald) vote. There was no public input. Motion by Kirchoff, seconded by Casey, to close the public hearing at 10:32 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gamache, Greenwald) vote. Motion by Kirchoff, seconded by Casey, to recommend to the City Council approval of Resolution No. , approving the variances that have been identified and the special use permit subject to the conditions in the attached resolution. Motion carried on a 5- ayes, 0 -nays, 2- absent (Gamache, Greenwald) vote. • Mr. Bednarz stated that this item would be before the Council at the November 4, 2003 City Council meeting. OTHER BUSINESS. Commissioner Kirchoff stated on October 23, 2003 at Blaine City Hall between 11:00 a.m. and 3:00 p.m., Transportation Alliance will be making presentations and entertaining anybody who would be interested in some of the local and regional road improvements such as Highway 65 and Round Lake Boulevard, Highway 10 or Northstar Corridor. Mr. Bednarz stated it looked like they will be canceling the October 28, 2003 Planning Commission meeting. Mr. Neumeister stated they will be putting out a public notice and taking applications for two open Planning Commission seats that are coming up at the end of the year. He stated if anyone is interested they will be taking applications until November 28, 2003 and a decision will be made by the City Council in December. 11 Regular Andover Planning and Zoning Commission Meeting Minutes — October 14, 2003 Page 17 9 ADJOURNMENT: Motion by Kirchoff, seconded by Vatne, to adjourn the meeting at 10:35 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gamache, Greenwald) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. • • 3 • 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 Planne4 SUBJECT: PUBLIC HEARING: Conditional Use Permit (03 -13) for a two family home conversion at 2525/2527 138` Avenue NW. DATE: November 12, 2003 INTRODUCTION The applicant is proposing to create a separate property for each side of the existing twinhouse. The applicant will also be participating in the City's CDBG Rental Rehabilitation Program which offers low interest loans to assist in the renovation of rental properties. DISCUSSION 12 -8 -1: TWO - FAMILY HOME CONVERSIONS (SPLITS): A. Two - family home conversions (splits) may be permitted following issuance of a conditional use permit (which shall be reviewed and pertinent data regarding the unit shall be provided, including, but not limited to, submission of a survey setting out each individual lot and its location along said party wall). Each dwelling unit shall be provided with individual sewer stubs, individual wells or sources of water, separate power supply to each living unit, one hour fire separation between living units, and that a party wall agreement and covenant document, including an arbitration clause, shall be entered into by all affected parties. These upgrades to the structure and providing the city a copy of the party wall agreement and covenant documents by the applicant must take place prior to release of the resolution approving the two - family home split. B. in the event a two- family home is lacking the required garage space and /or the minimum housing unit size, the applicant must obtain a variance or bring the unit up to current standards. In the event a unit falls below the nine hundred sixty (960) square foot minimum and is more than fifty percent (50 %) destroyed (as determined by the building official), the unit will be required to be rebuilt to meet the minimum of nine hundred sixty (960) square feet and also have a garage that meets the minimum size requirement. This would become a standard condition of any variance to structure size (if it were granted). If the building is improperly located on the lot such that it requires a variance to setbacks, a variance will be required to be granted or the unit will not be allowed to be split. (Ord. 8000QQQ, 10 -1 -2002) 0 P Party Wall Fire Rating A one hour fire rating is required on both sides of the wall. This protection must be extended from the foundation to the roof deck and does not currently exist. This improvement will be • required as a condition of approval. Party Wall Agreement A parry wall agreement is required to cover such things as repair and reconstruction of the wall as well as exterior maintenance of the units. Separate Utilities Separate connections to municipal sewer and other utilities (electricity, phone, gas, cable) presently exist. A new well will be required as a condition of approval to provide separate water supply to each unit. Conformance with Zoning Regulations M -2 Re uirements Parcel A Parcel B Minimum House Size 960 s.f. 750 s.f. 720 s.f. Lot Area 5,000 s.f. 7500 s.f. 7500 s.f. Lot Width 150 feet 50 feet 50 feet Lot Depth 150 feet 150 feet 150 feet Front Yard Setback 40 47.5 feet 47.5 feet Side Yard Setback 30 20 feet 20 feet Rear yard Setback 30 78 feet 78 feet Minimum Garage Size 220 s.f. plus 1 p arking space None None Other Requirements Hard Surface Driveway Required Provided Provided Minimum House Size Neither unit conforms to the minimum house size required by the M -2 Zoning district. As described above a variance is needed to this requirement. The variance would expire at the time the unit is damaged beyond 50% of its value. If one unit is so damaged and the other is only partially damaged the other unit could be repaired and continue to exist as a conforming structure. Lot Width The lot width requirement is based on two units that share the same property. At the present time there is no provision to account for any other type of arrangement. As a result, a variance will be necessary to the lot width requirement to allow the conversion to occur. 0 Side Yard Setback The units do not meet the side yard setback requirement, which is greater than the requirement for single family homes. A variance to this requirement is needed to allow the conversion to occur. 0 —2 - These variances are recommended due to the fact that the existing structure and property are presently non - conforming, which prevents the City from issuing building permits to allow the • structure to be renovated. Minimum Garage Size No garages exist on the property presently. The applicant is proposing to construct a garage on each property as a part of the renovation. A condition of approval will require a garage to be constructed to meet the M -2 Zoning District Requirements. ACTION REQUESTED The Planning Commission is asked to recommend approval of the proposed two family home conversion subject to the conditions in the attached resolution. Attachments Resolution Exhibit A Location Map Survey Photos of property R4sp l submi edC e arz 0 Cc: Norton Tucker 4404 Elliot Road NE, Bemidji, MN 56601 • —3— CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA • RES. NO. R A RESOLUTION APPROVING A TWO FAMILY HOME CONVERSION TO ALLOW SEPARATE PROPERTIES TO BE CREATED FOR EACH UNIT LOCATED AT 2525 AND 2527 138 AVENUE NW (P.I.D.33- 32 -24 -14 -0007) LEGALLY DESCRIBED ON EXHIBIT A; WHEREAS, Norton Tucker has requested approval of a Two Family Home Conversion to allow separate properties to be created at 2525 and 2527 138"' Avenue NW, and; WHEREAS, Norton Tucker has petitioned to vary from the minimum house size, lot width, and side yard setback requirement of the M -2 Zoning District described in City Code 12 -3 -4 for property located at 2525 and 2527 138"' Avenue NW, and; WHEREAS, the Planning Commision finds that the proposed variances will not have a detrimental effect on neighboring properties due to the fact that the structure presently exists and that the purpose of the variance is to allow separate properties to be created for each unit, 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; 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. To be divided into properties to be described as illustrated on Exhibit A stamped received by the City of Andover October 24, 2003. 2. The applicant shall be required to construct a garage for each unit that meets or exceeds the minimum requirements of the M -2 Zoning District. 3. A variance is granted to the minimum house size for both units. In the event that one of the units is destroyed or damaged beyond 50% of its assessed value, the unit shall only be reconstructed in compliance with the applicable minimum house size prescribed by the City Code. 4. A variance is granted to the minimum lot width requirements of the M -2 Zoning District to allow a lot width of 50 feet for each unit. 5. A variance is granted to the side yard setback requirements of the M -2 Zoning District to allow a side yard setback of 20 feet for each unit. —If — 6. The applicant shall be required to submit a signed copy of the City's party wall agreement. The agreement will be required to be recorded with Anoka County and will • become a binding document for all future owners of the properties. 7. The applicant shall be required to provide a one hour fire rating on each side of the party wall before this resolution will be released for recording. 8. The applicant shall be required to provide a separate water source and connection for each unit before this resolution will be released for recording. 9. This approval is subject to a sunset clause as defined in City Code 12 -5 -61). 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 • • -S— EXHIBIT A Page Two . CURRENT LEGAL DESCRIPTION: All that part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka county, Minnesota described as follows: Commencing at a point of the South line of said South Half of the Northeast er of said Quarter distant 490.0 feet West from the Southeast corn thence West an parallel Northeast ith the South line of said at r angles to the said South line a distance of 420.0 feet; South Half of the Northeast Quarter a distance of 365.20 feet to the actual point of beginning of the tract of land to g West along said parallel line a distance of 100.0 feet; thence North on a line be hereby described; thence continuin of said South Half of the Northeast Quarter for a distance of 150.0 feet; drawn at right angles to the South line thence East and parallel with the South line of said South Half of the Northeast Quarter a distance of 100.0 feet; thence South at right angles to said parallel line a distance of 150.0 feet to the actual point of beginning. (County Recorder's Document Number 692634, Anoka, County) PROPROSED LEGAL DESCRIPTIONS: PARCEL A: All that part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka county, Minnesota described as follows: Commencing at a point of the South line of said South Half of the Northeast Quarter distant 490.00 feet West from the Southeast comer of said South West nd parallel el with said South line of therth f of the Northeast Quarter; thence at right angles to the said South line a distance of 420.00 feet; South Half of the Northeast Quarter a distance of 415.20 feet to the point of beginning of the land to be described; thence North on a line drawn at right angles to said South line of the South Half of the Northeast Quarter for a distance of 150.00 feet; thence East and parallel with said South line of the South Half of the Northeast Quarter a distance of 50.00 feet; thence South at right angles a distance of 150.00 feet to said parallel line; thence West along said parallel line a distance of 50.00 feet to the point of beginning. • PARCEL B: All that part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka county, Minnesota described as follows: Commencing at a point on the South line of said South Half of the Northeast Quarter distant 490.00 feet West from the Southeast comer of said South Half of the Northeast Quarter; thence North at right angles to said South line a distance of 420.00 feet; thence West and parallel with said South line of the South Half of the Northeast Quarter a distance of 415.20 feet to the point of beginning of the land to be described; thence North on a line drawn at right angles to said South line of the South Half of the Northeast Quarter for a distance of 150.00 feet; thence West and parallel with said South line of the South Half of the Northeast Quarter a distance of 50.00 feet; thence South at right angles a distance of 150.00 feet to said parallel line; thence East along said parallel line a distance of 50.00 feet to the point of beginning. RECEIVED tH724 CITY OF ANDOVER Two Family Home Conversion 2525 and 2527 138th Lane NW 0 0 0 Project Location Map N A W Andover Planning - 7— CERTIFICATE OF SURVEY FOR: Norton Tucker 2525 -2527 - 138th Ave. NW. Andover, Mn. LEGAL DESCRIPTION: Unplatted Parcel in the S I12 of the NE 1/4 pac3e1O7wo To wnship r Proposed 0t trip +ions) • p�UNKER LAKE ESTATES 100'00 YfeS � p ,a � Chain Link FQnces --�-�• �+ - 50,00- - 50.00 0$ ct S A lme Para1le(w +k S° v i h C"rc 4 ik ' VT 1 14 5ec•33 Z LEGEND: . � ► '15 00 �k'' 'Z S oo F-� SCALE: 1 inch= 30 feet } O Bearings are assumed • Denotes Iron Monument Found �C� U o Denotes Iron Monument Set (Capped by RLS No. 10948 Q Q -, Q P.P. -Denotes Power Pole O N Note: Distances as measured are in feet, tenths & e p. LU hundredths of a foot. _ - - p Q� v 30- W 1 r12p roc hti ti ` 1- RECEIVED _ Q Z oc 2 4 Z CITY OF ANDOVER'' : u p � 1. 6F,�kF9f` A garallelTiAe f - ro.00- - - 50.00 _ REGISTERED LAND ` - ioo- 00 - Ea Sf watt i- o 3� Qe' Cent, Curb SURVEYOR 10948 e TheSoufltlint4f i6eS4'z,NEY�r �•4 '-49oi o 1 3 8�h AV E. N QA 1 this CERTIFICATE OF SURVEY was prepared by me and that I am a duly Registered Land Mof the State of Minnesota. As surveyed by me • �nnz Gary L. Backe��nd Surveyor, Mn. Lic. No. 10948 faa One r Die ZVI, j iF MAN A , nv ' per " r Die ZVI, j iF MAN jcsq� S3 a� � >�K. �c x s s 2..�, ;13 -,� E°d tt 3•� '}�� 77 1 � RN "E� 4 a I< -. Ile, I .. ...~....� ira.. rrsl , .` :...!� -n _ � '3w .a,....r ''~ •• ': ...� .. .l ..�. r.M�xd i�m3 `x".�-M�� q • TO: CC: 0 1685 CROSSTOWN BOULEVARD N.W. -ANDOVER, MINNESOTA 55304 - (763) 755 -5100 FAX (763) 755 -8923 - WWW.CI.ANDOVER.MN.US FROM: SUBJECT: DATE Planning and Zoning Commissioners Courtney Bednarz, City Planne� Jon Sevald, Planning Intern JI PUBLIC HEARING Lot Split (03 -04) to create a new rural residential lot from property located at 1869 157' Lane NW. November 12, 2003 INTRODUCTION The property owner is seeking approval to divide the subject property into two single - family rural residential lots. DISCUSSION The property owner (Jerry Putnam) is proposing to split their 6.86 acre double frontage lot. The existing home will keep their access on 157 Lane while the new lot will have access onto Linnet Street where the street ends in a cul -de -sac at the back edge of the property. The applicant had applied for a variance to the 160 -foot minimum requirement for cul -de -sac lot frontage in the R -1 rural residential district. The City Council was advised by the City Attorney that a variance was not necessary at the October 7, 2003 Council meeting. The new lot is in conformance with the minimum lot frontage requirement. Conformance with City Code The proposed lot split is in conformance with the minimum requirements of City Code Title 12- 3-4. The following table compares the proposed lots with the regulations for the Single - Family Rural Residential Zoning District (R -1): R -1 Req. Parcel A Parcel B Lot Area 2.5 acres 2.5 acres 4.36 acres Lot Width at fron and setback) 300 310 310 Lot Depth (avg) 150 351 612 r- I L Availability of City Sewer and Water This area is located within the MUSA with city sewer & water serving the Grey Oaks development located approximately 350 feet south of the property. It is anticipated that property owners in the immediate area may choose to subdivide their land into urban lots in the future although there has been no indication from these residents that they plan to do so. It is logical that at some point in the future, Linnet Street may be extended to connect with 157"' Avenue to the south to serve a future urban development. It is recommended that the applicant be required to dedicate a sufficient easement to connect the existing right -of -way of Linnet Street to 157 Avenue. This has been included as a condition of the resolution. The roadway easement will . include half the width of the future right -of -way. The properties to the west would then dedicate the other half when the area develops. Attached is a ghost plat of surrounding properties illustrating how the extension of Linnet Street may tie into a future urban development. Easements A separate easement document is necessary to establish the typical 10 -foot drainage & utility easement around the perimeter of both properties along with a 30 -foot roadway easement along the west property line for the future extension of Linnet Street. Staff Recommendation Staff recommends that Council approve the proposed lot split with the conditions included in the resolution. ACTION REQUESTED The Planning Commission is requested to recommend approval of the proposed lot split. Attachments Resolution Location Map Survey Ghost Plat Respectfully submitted, Jon Sevald CC: Jerry Putnam 1869 157 Ln. NW Andover, MN 55304 Scott & Tami Allen 15801 Drake St. NW Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA • STATE OF MINNESOTA RES. NO. -03 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR JERRY PUTNAM TO SPLIT A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS AT 1869 157' LANE N.W. (PID: 15- 32- 24 -43- 0015). The property to be divided into two single - family residential lots is legally described as: The east 310 feet of the west 1010 feet lying north of the south 1047 feet of the Southwest Quarter of the Southwest Quarter, Section 15, Township 32, Range 24, Anoka County, Minnesota, as measured along the west and south lines of said Southwest Quarter of the Southeast Quarter. AND That part of the South Half (S 1 /s) of the Southeast Quarter (SE ' / a) of Section 15, Township 32, Range 24 described as follows: The North 700 feet of the South 1,047 feet of the East 310 feet of the West 1,010 feet, as measured along the West and South lines of the South Half (S '/2) of the Southeast Quarter (SE 1 /4) of said Section 15. Together with an easement for roadway purposes over the North 55 feet of the South 347 feet of the South Half (S 1 /2) of the Southeast Quarter (SE 1 /4) of said Section 15, when measured along the West line thereof. Proposed Description for Parcel A The east 310 feet of the west 1010 feet lying north of the south 959.36 feet of the Southwest Quarter of the Southeast Quarter, Section 15, Township 32, Range 24, Anoka County, Minnesota, as measured along the west and south lines of said Southwest Quarter of the Southeast Quarter. Proposed description for Parcel B The east 310 feet of the west 1010 feet of the north 612.36 feet of the south 959.36 feet of the Southwest Quarter of the Southeast Quarter, Section 15, Township 32, Range 24, Anoka County, Minnesota, as measured along the west and south lines of said Southwest Quarter of the Southeast Quarter. WHEREAS, Jerry Putnam has requested approval of a lot split to subdivide a rural residential property into two rural residential lots; and WHEREAS, the City Council has reviewed the request and has determined that said request • meets the criteria of City Code Title 12 and 13; and WHEREAS, the City Council 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 City Council finds that the lot split request is not detrimental to the surrounding neighborhood. 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 is required to dedicate a ten -foot drainage and utility easement around the perimeter of both properties with a separate document. 2. The applicant is required to dedicate a street, utility & drainage easement along the west property line for the future extension of Linnet Street with a separate document. The layout of the easement must conform to City Code Title 11 -3 -3 and be approved by the City Engineer. 3. The proposed home located on Parcel A will be required to face west in the anticipation that the home will front the future extension of Linnet Street. 4. Payment of a park dedication fee based on the fee ordinance in effect at the time of Council approval. 0 5. Payment of a trail fee based on the fee ordinance in effect at the time of Council approval. 6. That the Lot Split be subject to a sunset clause as stipulated in City Code Title 12-15 - 7(D). 7. The lowest floor of the future house on Parcel A must be at least three feet above the seasonal high water mark or one foot above the 100 year flood elevation, whichever is higher. Adopted by the City Council of the City of Andover on this _ day of November, 2003. CITY OF ANDOVER Mike Gamache, Mayor ATTEST: Victoria Volk, City Clerk Variance 1869 157th Lane NW i w-0 Project Location Map And E over Planning l •' 1 i ' Bit t% Rood s W 9 90 , t II 9905.6 904.5♦v//' 1O"daN -- _ — - - -- -904 - / - Nar 310.00 - -- / Sec r 222.66_ _ 1 ry 26 Ook ♦ t 9903.2 `t i -904 Two 9902.7 902 7 T Tyree ro ' 14�Oak D Oak �.� Two "Oak 6. 901 .o I 9� ? - - -�\ a� - S�av }} i 4 oga x 1o`Oa e c'l io � I A Oak l �. \ ARCEL CtM�TAINS / / - Line fine 9 403.3 9 903.6 p arall el with the Y i a9 / South fine Sw114 =SEi 14 ' 1 Z } 25HIS P RC�L 0' MORE OR LESS Sec.15- T32N -R24W I 1 `\ `\ k Te.(..ee Thj 2 OLk r v 997.2 % N \ t � Two T t)a A t Q j 1 \ V 4 Uak � t 1 9 7 _• ^ k h Line orollel with the 896.6 South Brie 14 - SWI /4 -SE1 1 - 1 to �` \ - Rea"bek- (p - SecJ5- T32N -R24W \ : ; - N8d'46'01V -\ \ — .310.00 _ - _= 1.pT,fy( �= -0) Two 1 1 1 ` .9 897.1 l t b 10 k Bok / 89&9 2 "Oa p, \ Two / J " E \\ , Shed 899. �� 9899.1 Mee Bldg, 'ith`'�tgef, . 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Il i i � tip •-� i — — — — — — — \ — — — — — — I n I R I I 5I eC-" '� A I I r I n s� h e 'D 11 YF Q 2 t Vi It r f - i -- It I / I r i I r i I r r r i � r r mvcir�el.m li K n �v 00 Vl O �MM F-� O L g i s 8 Aj 1 9 0 t7 0 r� x C� d I� n z x tip •-� O o� � n I R g k x$32 a "e R 5I eC-" '� s� h e 'D 11 YF Q 2 t Vi Aj 1 9 0 t7 0 r� x C� d I� n z x ail •-� O o� � n 11 -oon Rapids Christian Church Page 2 of 2 Yoarth Ministry We offer an exciting youth ministry, led by Pastor Jeremy Allard, which provides a setting for teens to build friendships, study how God impacts their daily lives, and have a lot of fun! Our youth meet for an Informal time of fun and fellowship every Wednesday evening (Sept.- April), in addition to their Sunday School Classes. They. also enjoy a variety of special events and activities each month. Our goal is to extend unconditional love a encouragement to youth as we point them to the life- changing love and power of God for their lives. Special Events Developing friendships with God and one another involves spending time together. That's why we offer special events for the whole church family throughout the year, including summer programs for the kids, potlucks and picnics, family camp, trips and outings, and more. n U r1 LJ ttp:// www. coonrapidschristian.org/programs.html -9- 10/13/03 .00n Rapids Christian Church Worship Ne meet each Sunday morning at 8:15 & 10:30 a.m. for a time of dynamic worship and practical study of the 31ble. We see this setting as a time of "shared dialogue" with God — we share our hearts with Him in song and prayer, and He shares His heart with us through His Word. The setting is informal and comfortable. fur music is led by a worship team, typically consisting of vocalists, keyboard, guitar, and other instruments. V�4 Ne sing a wide variety of music, from fast- moving celebrative choruses to time - honored grand hymns to ntimate songs of quiet prayer and adoration. fur study of the Bible is focused, exegetical, and relevant. We typically study through whole books of the Bible 'n message series, including both the Old and New Testament, though we occasionally take a more topical rch to our study to see what God says about specific issues that face our church family and our unity. Sur children go to either Primary or Junior Worship depending on their age. These worship experiences are -0esigned to be an exciting time to learn about God. The program includes music, stories, skits, and hands -on activities that bring worship and the Bible to life for young ages. Ne also provide nursery care for infants and toddlers during our worship services to assist parents in meeting Nith God without distraction, and to give children a great experience with church at a young age. ;unday School 31ble classes for all ages are offered each Sunday morning at 9:30 a.m. We use interactive learning to see how :he Bible applies to the events of our lives. Of course, nursery is provided for infants and toddlers. Small groups of adults meeting in homes are at the very heart of our church family. They provide an excellent opportunity to develop friendships, study the Bible, pray together, and care for one anther's needs. If you can only participate in one activity In the life of our church, this is it! Pagel of 2 Coon Rapids : tp: iiwww. coonrapidschnstian.org/Iprograms.htmi —7— 10/13/03 ;'mall Group Fellowships Conditional Use Permit 2880 South Coon Creek Drive Coon Rapids Christian Church i � Y ri/ Project Location Map N N�F Andover Planning is C� —e— Site • Survey EXHIBIT A Property Description The Northeast Quarter of the Southwest Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota except the following described 4 parcels: Parcel 1 That part of the Northeast Quarter of the Southwest Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota, lying Northerly and Westerly of South Coon Creek Drive. Parcel 2 That part of the Northeast Quarter of the Southwest Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota, described as follows: encing at the East Quarter corner of said Section 28; thence South 88 degrees 41 es 31 seconds West Along the East —West Quarter line of said Section 28 a distance of 3 8.68 feet; thence South 52 degrees 56 minutes 01 seconds West a distance of 161.16 feet to the actual point of beginning of the tract of land to be hereby described, said point being the centerline of South Coon Creek Drive; thence continuing South 52 degrees 56 minutes 01 seconds West along said centerline a distance of 424.67 feet; thence South 15 degrees 30 minutes 10 seconds East a distance of 540.24 feet; thence North 87 degrees 38 minutes 43 seconds East a distance of 398.46 feet; thence North 14 degrees 59 minutes 52 seconds West a distance of 787.01 feet to the centerline of South Coon Creek Drive and the actual point of beginning. Porcel 3 That part of the Northeast Quarter of the Southwest Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota, lying Southerly of the centerline of South Coon Creek Drive and lying Westerly of a line described as follows: Commencing at the East Quarter corner of said Section 28; thence South 88 degrees 41 minutes 31 seconds West along the East —West Quarter line of said Section 28 a distance of 3318.68 feet; thence South 52 degrees 56 minutes 01 seconds West a distance of 585.83 feet to the actual point of beginning of the line to be hereby described. Said point beginning the centerline of South Coon Creek Drive; thence South 15 degrees 30 minutes 10 seconds East to the South line of said Northeast Quarter of the Southwest Quarter. Parcel 4 The north 726.00 feet of the east 300.00 feet of the Northeast Quarter of the Southwest Quarter of Section 28, Township 32 North, Range 24 West, Anoka County, Minnesota. BENCHMARK V Disc in top Southeast corner Wingwoll Bridge Over Coon Creek on South Coon Creek Drive Elevation = 872.95 ad spike in 24" Oak 200' South of 142ND Avenue 350' ± East of Quay Street Elevation = 871.10 —S— Original Boundary Survey done by Midwest Land Surveyors Dated 7/26/99 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA C EM" A RESOLUTION APPROVING CONDITIONAL USE PERMIT TO ALLOW A CHURCH TO BE LOCATED IN A RESIDENTIAL ZONING DISTRICT AT SOUTH COON CREEK DRIVE NW (P.I.D. 28- 32 -24 -31 -0003) LEGALLY DESCRIBED ON EXHIBIT A; WHEREAS, The Coon Rapids Christian Church has requested a Conditional Use Permit to allow a church to be located in a residential zoning district, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12 -15 -6, 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 Conditional Use Permit to allow a church to be located in a residential zoning district subject to the following conditions; 1. Successful completion of the Commercial Site Plan Review process with the City of Andover. 2. Roadway improvements shall be required to be constructed as recommended by the traffic report. 3. An identification sign shall be permitted as indicated on the plan set dated October 21, 2003 and stamped received by the City of Andover October 21, 2003. 4. Screening from the residential properties shall be provided to conform to City Code 12- 14-10E. 5. Lighting shall be required to be provided with cutoff and shielded light fixtures to prevent glare onto adjacent residential properties. 6. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12- 15 -6D. 7. The church shall be required to conform to all applicable fire and building codes. 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 • 0 • of being bumped or scraped by people, vehicles and equipment. The combination of materials • and treatments will be revised through the Commercial Site Plan Review process. Utilities The property is located outside the Municipal Urban Service Boundary (MUSA) and does not have access to municipal sewer and water. As a result, a private well and septic system will be needed. The structure will also need to be sprinklered for public safety, which means a large water storage facility is also needed. Future Expansion The church plans to expand as its congregation grows in the future. The attached plans illustrate potential expansion of the church and classrooms in the future. The phase two classroom addition is shown at two stories with a total of 24,000 square feet. The phase three church addition is shown at 16,000 square feet with an occupancy of 500 people. The phase one worship space would be converted to gymnasium space. These phases are not part of the approval that is requested with this application. Future phases of the church would need to be approved through a future public hearing process. Staff Recommendation Staff recommends approval of the proposed conditional use permit to allow a church in a residential zoning district. Future phases of the church will need to be reviewed and approved in the future. • ACTION REQUESTED The Planning Commission is asked to recommend approval of the proposed church subject to the conditions in the attached resolution and any additional conditions added by the Commission. Attachments Resolution Exhibit A Location map Information provided by applicant Plan set (11x17 in packet) Cc: Mike Schraad, Welsh Construction 7807 Creekridge Circle Minneapolis, MN 55439 • -3- Parking area The number of required parking stalls is based on the seating capacity of the auditorium (1 stall • per three seats). Additional parking spaces can be required if the site will be used for other purposes (classrooms, office space, etc.) if these uses occur at the same time that the auditorium will be used. The parking area is designed to provide 189 parking stalls. City Code 12 -14 -10 requires 166 stalls based on all of the different uses of the building being active at the same time. Parking Area Lighting The parking area is proposed to be illuminated by freestanding downcast lighting in several of the landscaped islands within the parking area. The lighting would be coordinated by a timing system that will be set to turn off after activities at the church are completed. This is an item under the review of the conditional use permit that can be limited. The attached lighting plan illustrates the level of lighting that is proposed. Sufficient information will need to be provided to demonstrate that light will not encroach onto neighboring properties. The lighting will be required to be provided with cutoff and shielded light fixtures to direct light downward and to prevent glare. Screening of Parking Area City Code 12- 14 -10E. requires parking areas to be screened from adjacent residential properties. This screening can consist of berming, landscaping and/or fencing at the discretion of the Planning Commission and City Council. The attached landscaping plan will need to be revised to address the City's screening requirements. If the Planning Commission has any suggestions on how the screening should be provided, please share these at the meeting. • Storm Water Treatment/Retention A storm water pond is proposed to be constructed along the east side of the property as shown on the attached plan. The capacity of the storm water facilities will be examined in more detail during Commercial Site Plan Review to ensure the ponds will be adequately sized and prevent adverse impacts on existing wetlands or surrounding properties. Signage City Code 12- 14 -9g. limits institutional uses in residential zones to a maximum of 100 square feet of signage. The proposed sign is shown between the entrances to the site along South Coon Creek Drive. The sign is approximately 30 square feet in size per side for a total of 60 square feet. The top portion of the sign bearing the name of the church would be illuminated using backlit lighting. The message board is proposed to be illuminated with ground mounted lighting as shown on the plan. Architecture Elevations of the proposed church are attached. The base of the building is primarily constructed with rock faced block. A combination of Exterior Insulated Finishing System (EIFS) and a refined steel siding product is proposed for a majority of the exterior. The steel siding is finished with a durable stucco -like material for aesthetics and insulated to provide increased construction value and fire protection over materials like stucco and EIFS. A material sample will be available for review at the meeting. • The south building elevation needs to provide block at the base of the building. EIFS and steel siding are not building materials that should be used at the base of buildings due to the likelihood -z - J � • TO • NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Planning and Zoning Commissioners FROM: SUBJECT: DATE: Courtney Bednarz, City Plannelf PUBLIC HEARING: Conditional Use Permit (03 -12) for a church to be located in a residential district at 2880 South Coon Creek Drive. November 12, 2003 INTRODUCTION The Coon Rapids Christian Church is proposing to construct a new church on the subject property. Churches are conditional uses in residential zoning districts. The Planning Commission is asked to determine whether this use is appropriate and/or needs to be modified to prevent adverse impacts on surrounding properties. Conditional Use Permit review allows reasonable conditions to be attached to the approval to prevent negative impacts on surrounding properties. DISCUSSION Uses of Property Church The primary component of the proposal is the worship space that would seat approximately 320 people. Services are typically held on Sundays at 8:15 and 10:30 a.m. The second service is the larger of the two with attendance of approximately 120 people. Classrooms Bible classes are held Sunday at 9:30 a.m. These classes serve approximately 125 people. Wednesday Evenings Dinner and class run from 6 to 8pm and serve approximately 50 people. Special Events Special events include an annual meeting and a limited number of other events. Access The site has access to South Coon Creek Drive. Although there is presently limited traffic on this roadway, it was designed and constructed to be a collector level street. The applicant is in the process of preparing a traffic report that will describe any roadway improvements necessary at the entrances to the site. A condition of approval will require construction of any • improvements recommended by the traffic report. at TO: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MWUS 111TO"T CC: Planning and Zoning Commissioners Jon Sevald, Planning Intem_ Courtney Bednarz, City PlannebV SUBJECT: PUBLIC HEARING: Conditional Use Permit (03 -11) for a drive through facility for Walgreens located at the southeast comer of Bunker Lake Boulevard and Quinn Street NW. DATE: November 12, 2003 INTRODUCTION The developer on behalf of Walgreens has applied for a Conditional Use Permit to allow a drive -thru pharmacy. The proposed Walgreens will be located in Andover Station East between Festival Foods and the proposed Target Greatland. DISCUSSION City Code Title 11 -13 -3 requires a Conditional Use Permit to allow a "drive -in business or businesses with a drive through window" in the General Business district. Review of these permits is intended to review vehicle circulation, adequate stacking for vehicles, and to ensure the noise and lighting associated with this type of use will not adversely affect surrounding properties. The noise and lighting generated by the drive -thru are less of a concern due to the fact that the site is surrounded by commercial uses of a similar nature. The drive -thru pharmacy will be located on the south side of the building adjacent to the service road and will include two drive -up lanes with a covered canopy and one through lane. There are two banks and one fast food establishment within Andover who have similar drive -thru windows in addition to two drive -thru windows proposed as a part of the Andover Clocktower Commons Development. SITE DESIGN It should be noted that the proposed plan indicates a 15 -foot setback for the drive lane at the northwest corner of the building whereas the minimum city standard is 20 -feet. This item will be addressed during the Commercial Site Plan Review. BUILDING DESIGN Building elevations are attached. This item will be addressed during the Commercial Site Plan Review. ACTION REQUESTED The Planning Commission is requested to recommend approval of the proposed Conditional U 9 Permit. k Staff's Recommendation Staff recommends approval of the proposed Conditional Use Permit. Attachments Resolution Location Map Site Plan Elevation Drawings � pec fully submitted, s G— �A Jon Sevald CC: Joseph Samuel, RLK Kuusito LTD 6110 Blue Circle Drive Suite 100 Minnetonka, MN 55343 Keith Ulstad, United Properties 3500 West 8& St. Suite 200 Bloomington, MN 55431 �1 1 0 0 CITY OF ANDOVER COUNTY OF ANOKA • STATE OF MINNESOTA RES. NO. R -03 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF NET LEASE DEVELOPMENT & RLK KUUSISTO FOR PROPERTY LOCATED AT (PIN 34 -32- 24 -31 -003 and 34- 32 -24 -31 -0032) to allow a drive -thru facility on property legally described as Outlot A and Outlot B, Market Place East, Anoka County, Minnesota. WHEREAS, Net Lease Development & RLK Kuusisto have requested a Conditional Use Permit for a drive -thru facility located at Andover Station East, Outlot A and Outlot B, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code Title 12 -15 -6, 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 Conditional 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 Conditional Use Permit for a drive -thru facility on said property with the following conditions: 1. That the Conditional Use Permit be subject to a sunset clause as stipulated in City Code Title 12- 15 -6(D). 2. This Conditional 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 _ day of November 2003. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk • � / e 7 � \ / ■ § § / 2 i & n § § %k , c Lu 3 . \ z - 2 .� § �! , Z � �k G » �ƒ2� r, � w• r 0,�om vzz o O — v o = E ono PROPOSED WALGREENS 112'x 130' 34.0' 75 STALLS 1/200 o ' FFE =891.0 DRIVE THRU� b 04 ui �,T 11' 2 +00 — 1 40.0' N .� N OD 4+00 79.0' .J� O I z 10.0' - 40.0'-- R1 I I I I IR28' r T 9 T T T - f - 1 1 - I - I - I I > T -( I I I I LTJ. i t-0 I F� 00kli C�OI�CI� * SIDEWALK utlot C I 00 ! APPROXIMATE AREAS: BLOCK 2, DoT 1 1.56* Aa m LOT\OUTLOT OPENSPACE AREAS: GREEN AREA PROVIDED: 18.5 m PARKING REQUIRMENTS: 0 50 100 PMRKMG REQ. (14,560 SF \ 200 - 73 STALLS) 73 STALLS PN MG PROVIDED: 75 STAL SCALE IN FEET Dobelk \ SW j RLK '°�`°'`` ® (M ;� o� �� ANDOVER MARKETPLAC EAST WALGREENS EXHIBIT SHEET / 11 zO U 10 \10 \03 4 �� E ��,��y�! �� g � � � �� 6 � ��$��3a��a �� 0000000000000 � � � I • TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Plann4 SUBJECT: PUBLIC HEARING: Lot Split (02 -09) to create two rural residential lots from property located at 16030 Makah Street NW. DATE: November 12, 2003 INTRODUCTION The applicant has asked the City to reconsider the proposed lot split in light of the changes that were made to the Zoning Ordinance in regard to minimum lot width, depth and area. Background The proposed lot split was denied by the Council in December of 2002 based on a lack of findings. A similar request was denied by the Council in July of 1997 for the same reason. In June of this year, the Council approved an ordinance amendment to allow lot splits for lots that meet two of the three size requirements and are at least 90% of the third requirement. (lot width, depth and area). The applicant subsequently completed a survey that showed a lot split could be created that met the lot depth and area requirements. The lot width at the setback line would be 269.165 for each lot or 89.72% of the requirement. An item was brought to the Council earlier this year to propose rounding the 89.72% up to 90% to allow the lot split to be approved without a variance to the minimum lot width requirement. The implication being that future proposals that were at least 89.5% of the requirement would be rounded up to 90 %. This approach was validated by the City Council. DISCUSSION The attached survey illustrates the proposed lot split. Conformance with Local Ordinances Proposed Lots Lot with House New Lot R -1 Requirements Lot Width 269.165 feet 269.165 feet 300 feet (270 feet @ 90% Lot Depth 571.29 feet 630.79 feet 150 feet Lot Area 2.528 2.501 2.5 acres 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Pipeline Easement A natural gas pipeline runs diagonally through the property. A fifty foot wide easement exists • over the pipeline. There remains sufficient space to locate a house on the new property that would be created if the lot split is approved. Drainage and Utility Easements The applicant should be required to provide the typical ten foot wide drainage and utility easements for rural properties. This has been added as a condition of approval. Staff Recommendation Staff recommends approval of the lot split based on the interpretation of the City Code discussed in the report subject to the conditions in the attached resolution. ACTION REQUESTED The Planning Commission is asked to recommend approval of the proposed lot split. Attachments Resolution Location Map Division Survey (full size in packet) Property Sketch Ordinance Amendment Council Minutes Respect ly submitted, C he arz Cc: John Moore, 16030 Makah Street NW 0 9 • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST TO SUBDIVIDE A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS FOR PROPERTY LOCATED AT 16030 MAKAH STREET NW LEGALLY DESCRIBED AS FOLLOWS: Tract W, Registered Land Survey Number 72, Anoka County, Minnesota WHEREAS, John Moore has requested approval of a lot split to subdivide a rural residential property pursuant to Ordinance No. 40, located at 16030 Makah Street NW; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12 -3 -4 and 13 -1 -3, 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 proposed lot split as requested. 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 lot split shall be required to conform to the survey stamped received by the City of Andover on October 29, 2003. 2. The applicant shall provide 10 foot wide drainage and utility easements around the perimeter of both properties and outside the existing road easement for Makah Street NW with a separate document. 3. The applicant shall pay a park dedication fee Of $2,155 and a trail fee of $523. 4. The lot split shall be subject to a sunset clause as defined by City Code 13 -1 -6F. Adopted by the City Council of the City of Andover on this day of s 2003. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor • Victoria Volk, City Clerk 16030 Makah Street NW Lot Split Project Location Map h y�� E Andover Planning 0 C� CJ 1� LL Project Location Map h y�� E Andover Planning 0 C� CJ r i� �peB 5 O lrw V - 104.00 -- q � '-• q 114.00 ` _B 8B>,' SO.OD. Z 069 m v ' u a � 091 881 892 - yf69 89 3 7 CC 7 - 8 y� I S 8 95.8 \ .ega X50 5 N m / / ZL s` m 99 a 89 O'Z69 ?6 °u 9y0 ,. Izeg 4N • 6 •• m ti' yy4L% � /B� i s ^ ey 6 m' a960 1 I gw o ° W ry 0 9M1' � m 95. I 892 I � am B 5B I "'111Y � -i\ ., �� yC, bg B • g sa d d ♦ 1 895.0 9g'S� fit" 0 93_ ZY68 I 1 n 8g 1 1 1 1 S. ♦ � 1 I 1 1 �1 1 \ 1 1 I T •P�,. I I 11 j � \ 4 . w � �a i i •897.4 - a � \ 1 I I 1 I I I �'- J �' 4 b yx •8 93.0 �.g \I II I ^' I II Z'O69 5 OP16'24' W r i� .P ro perty Sk jonn P. 1V1oare e 16030 Makah St. N. W. Andover, MN, 55304 � 1 1 I I -------------- TRACT V ------------ - -� SW4X.0 - E I I BMW \ �\ 33 V \ •r \ a 13a TRACT W 219,055 sq. ft. 5.03 acres I , TRACT X \ I � E / G b \ / - \ i ,y / / / 1 � I � 1 I I C I i I i 1, INCH = 100 FEET 9! I I I I 1 1 1 I I I I I I I Tract W, I 1 1 Registered Land ' w u �33` Survey No. 72 ----------------- i --- - -- - ANOKA COUNTY, MINNESOTA. Subject to easements of record, if any. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. BOOK PAGE H An d er son Anderson Assoc.,Inc. QvS Erpkl z entl L" SweyWff 3601 TN"W" Ova ftw. X. W.Q a 0 U 9 CITY OF ANDOVER COUNTY OF ANOKA • STATE OF MINNESOTA ORDINANCE NO. 8CCCCCCC AN ORDINANCE AMENDING ORDINANCE 8, SECTION 6.02 MINIMUM DISTRICT PROVISIONS TO ALLOW LOT SPLITS ON PARCELS THAT DO NOT MEET ALL OF THE MINIMUM LOT SIZE PROVISIONS UNDER CERTAIN CIRCUMSTANCES THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: 6.02 Minimum District Provisions. (see Chart on following page). (8C, 10- 17 -78; 8F, 2- 19 -80; 8T, 4- 05 -83; 8U, 7- 19 -83; 8Z, 10- 02 -84; 8BB, 4 -02- 85; 8LL, 11- 18 -86; 8NN, 12- 16 -86, 8PP, 5- 05 -87; 8YY, 11- 03 -87; 8RRR, 4- 02 -91; 8YYY, 9- 15 -92; 8ZZZ, 4- 06 -93; 80000,5-07-96; 8Tf=, 10- 15 -02)' A Lotsplits may be allowed with lot sizes that cannot conform to the minim district provisions as follows: 1. This provision shall on ly apply to lotsplits which result in no more than two lots. Reduc lot standards shall not be considered for plats containing more than two lots. • 2. Each lot within the proposed lot split shall meet at least two o the following requirements for the applicable zoning district lot width lot depth lot a rea. 3. Each lot within the proposed lot split shall provide at least ninety percent of the requirement that cannot be met. Adopted by the City Council of the City of Andover on this 17th day of June, 2003. CITY OF ANDOVER Michael R. Gamache, Mayor ATTEST: Vicki Volk, City Clerk cvc Regular Andover City Council Meeting Minutes - June 17, 2003 Page 11 would choose to not follow state law, a section needs to be added to the ordinance the hours as 8:00 am to 1:00 am, Monday through Saturday, and 10:00 am through 1:00 am on If Council chooses to a w establishments to be able to sell liquor until 2:00 am a public hearing must be scheduled. If Coun ' wishes the closed hour to remain at 1:00 am, the ordinance must be amended. If the hours are change 2:00 am, the bar owners must apply to the State for a permit to allow them to remain open and pay a feako the State. Motion by Knight, Seconded by Trude, to not autB hours of operation and to have staff bring back an closing time. the hours to be extended beyond the current went to the Ordinance stating the 1:00 am Mayor Gamache stated the reason they are not extending this, is because surrounding cities have not extended their hours to 2:00 am. Motion carried unanimously. 0 CONSIDER ORDINANCE AMENDMENT /ORDINANCE 8, SECTION 6.02 MINIMUM DISTRICT PROVISIONS Community Development Director Neumeister noted the Council asked the Planning Commission to review an ordinance amendment that would allow lot splits for lots that are close, but do not meet all of the requirements of Ordinance 8, Section 6.02 Minimum District Provision (without a variance) under certain circumstances. This request was initiated from the lot split request at 1415 Andover Boulevard that included proposed variances to lot depth for both lots. The Planning Commission recommended approval of the proposed lot split. However, the City Council denied the lot split citing a lack of hardship for the variances to lot depth. As a part of the discussion, the Council discussed establishing a method to approve similar lot splits provided the lot met two of the three size requirements and was within ninety percent of the third. The proposed ordinance amendment will allow flexibility for infill lots in both urban and rural neighborhoods. As demonstrated with 1415 Andover Boulevard, infill lots may have development constraints that would otherwise prevent efficient use of the land. Mr. Neumeister explained there were some word changes in the Ordinance that he wanted to point out. "Lot splits shall may be allowed" to give the Council some discretion because it is permissive rather than mandatory. The second is under point number one "This provision shall • • A -a- Regular Andover City Council Meeting Minutes —June 17, 2003 Page 12 only apply to a lot split eentainin which results in no more than two lots." The last change is "each lot within the proposed lot split shall provide at least ninety percent of the requirements --- --- that cannot be met for only one of the requirements ". City Attorney Hawkins stated he did not think the additional wording is needed for item three. Motion by Orttel, Seconded by Trude, to approve the Ordinance Amendment to Ordinance 8, Section 6.02 with the changes recommended by staff. Councilmember Trude stated she talked to Mr. Bednarz about another situation where this change will not work because the problem is where they measure the setback. She stated normally they measure the width at the setback line and in some cases if they could measure the width at the property line or the setback line, whichever is greater, it would allow people to not have to go into the category and Mr. Bednarz thought it would be something to look at. She wondered if the rest of the Council would support this change. Councilmembers Jacobson and Orttel stated they would be willing to look at it but until they had more information, they would not approve it. Motion carried unanimously. (Ord. 8CCCCCCC) • CW�NICATE METROPOLITAN COUNCIL APPROVAL -RURAL RESERVE AREA & RE RESTRICTIONS ON CERTAIN PROPERTIES Community bevelopment Director Neumeister explained the Metropolitan Council staff has informed the Ci at the full Metropolitan Council has approved the 964 acres selected for the "Rural Reserve ". Councilmember Orttel state ough the entire process, they had a group that had eighty acres on the railroad tracks that were p ng for this and now they 250 acres. Mr. Neumeister stated when the engineering staff, planning, dministration and billing departments sat down and discussed this item the past week, they didpot know exactly which areas would be agreed upon to receive the sewer because there is only ei -eight acres of capacity and they need to come back to the Council with more information as to ch areas would be recommended for gravity sewer because they have a pipe on Vale and Crane eets that could be extended and it may be more favorable to extend one and not the other. Withou a detailed information, they did not want to release this until City Council reviewed it. Councilmember Orttel asked how long it would be before the matte resolved. Mr. Neumeister stated the July 15th Council meeting would do it. Counci ber Orttel asked if they should table this until that meeting. Mr. Neumeister stated they could it would not need to be. Motion by Orttel, Seconded by Jacobson, to approve of removing certain areas from Reserve ". Motion carried unanimously. (Resolution R130 -03) _17—