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HomeMy WebLinkAbout11/25/030 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8523, Andover Planning and Zoning Commission Meeting Agenda November 25, 2003 Andover City Hall Council Chambers 7.00 n.m. 1. Call to Order 2. - Approval of Minutes — November 12, 2003 3. PUBLIC HEARING: Comprehensive Plan Amendment (03 -08) to change the sewer staging from 2015 -2020 to 2000 -2005 for properties located at 15773, 15803, 15827, and 15955 Crosstown Boulevard NW. 4. PUBLIC HEARING: Rezoning (03 -10) to change the zoning from Single Family Rural Residential (R -1) to Single Family Urban Residential (R -4) for property located at 15827 Crosstown Boulevard NW. • 5. PUBLIC HEARING: Conditional Use Permit (03 -14) to allow land reclamationtsoil storage on property located at 2748 161st Avenue NW: - 6. PUBLIC HEARING: Conditional Use Permit Amendment (03 -15) to allow preschool within the existing building and to extend the time allowed for existing temporary classrooms for the Family of Christ Church located at 16045 Nightingale Street NW. 7. PUBLIC HEARING: Lot Split (03 -05) to create a new rural residential lot, from property located at 16150 Makah Street NW. 8. Variance (03 -10) to allow a new house to be constructed on a nonconforming lot located at 3131 169 Lane NW. 9. PUBLIC HEARING: Lot Split (03 -06) to create a new rural residential property from existing rural residential property located northeast of the intersection of Crosstown Boulevard NW and Nightingale Street NW. 10. PUBLIC HEARING: Preliminary Plat for Donohue Creekside Addition to create two new urban residential lots located at 2733 Bunker Lake Boulevard NW. 11. Adjournment CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304• (763) 755 -5100 FAX (763) 755 -8923 TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - November 12, 2003 DATE: November 25, 2003 Request The Planning and Zoning Commission is asked to approve the minutes from the November 12, 2003 meeting. r N T v o r D OVE • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US PLANNING AND ZONING COMMISSIONMEETING —NOVEMBER 12, 2003 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on November 12, 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, Dean Vatne, and Jonathan Jasper. Commissioners absent: Commissioner Michael Casey. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Others 0 APPROVAL OFMINUTES. October 14, 2003 Motion by Kirchoff, seconded by Gamache, to approve the minutes as presented. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. PUBLIC HEALING: CONDITIONAL USE PERMIT (03 -13) FOR A TWO FAMILY HOME CONVERSIONAT 25251252 7138 ' A VENUE NW. Mr. Bednarz explained that 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. Mr. Bednarz discussed the information with the Commission. Commissioner Kirchoff asked if fifty percent for damage was for the entire unit or for each unit. Mr. Bednarz stated each unit would be considered separately. • Regular Andover Planning and Zoning Commission Meeting Minutes —November 12, 2003 Page 2 Commissioner Kirchoff asked if currently this was two units for rent. Mr. Bednarz stated • that was correct. Commissioner Greenwald asked if they will be able to build a garage within the guidelines. Mr. Bednarz stated the garage could go behind the principle structure or they could construct a single stall garage where the blacktop is but it might be a tight fit. Commissioner Kirchoff asked if there was a problem with the garages going in the backyard. Mr. Bednarz stated there is plenty of room in the backyards. Commissioner Vatne asked if the applicant was aware of the investment and the costs associated with it. The applicant said he was. Commissioner Kirchoff stated he noticed the party wall agreement required exterior maintenance. What is the recourse to enforce something replacement. Mr. Bednarz stated typically the parry wall agreements structure a process for arbitration if there is a disagreement about anything that is covered. Hopefully the owners could come to some agreement when it is time to replace a roof or siding. The City is offering a rental rehabilitation program that consists of a low interest loan to assist in those types of repairs. Motion by Greenwald, seconded by Vatne, to open the public hearing at 7:08 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. 0 There was no public input. Motion by Kirchoff, seconded by Gamache, to close the public hearing at 7:09 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. Commissioner Gamache asked under the rental rehabilitation program, did this mean the City is trying to get the rental properties to develop into owner occupied homes. Mr. Bednarz stated that was not necessarily the case. The money is available to rental properties specifically. Motion by Greenwald, seconded by Kirchoff, to recommend to the City Council approval of Resolution No. , approving the proposed two family home conversion subject to the conditions in the attached resolution. Commissioner Vatne noted there were a number of variances that initially concerned him but the overall significance of being able to separate this overcome the many variances. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. Mr. Bednarz stated that this item would be before the Council at the December 2, 2003 City Council meeting. • Regular Andover Planning and Zoning Commission Meeting Minutes — November 12, 2003 Page 3 L1 PUBLIC HEARING: LOT SPLIT (03 -04) TO CREATE A NEW R URAL RESIDENTL9L LOT FROM PROPER TY LOCA TED A T 1869157 LANE NW. Mr. Bednarz explained that the applicant is seeking approval to divide the subject property into two single - family rural residential lots. Mr. Bednarz stated the property owner 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. Mr. Bednarz noted 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. Mr. Bednarz discussed the staff report with the Commission. Commissioner Gamache stated he was a little confused about this item. They are showing a lot split along with a ghost plat, he wondered what was going to happen to the property. W. Bednarz stated the ghost plat was showing how the property could be further divided in the future. Commissioner Gamache asked this were to get rezoned later into an R -4, this house would fit in the lot. Mr. Bednarz stated this was correct. He explained the property owner can choose where to place the house on the lot and if interested, staff would work with them. The only real requirement is that it faces west within forty-five degrees of where the future street will be. Commissioner Vatne stated since this was looked at the last time, the only change was the revision made to the proposed plat which has the notch out to Linnet Street. Mr. Bednarz stated the shaded area on the plan is the requested road easement and it has the triangular shape to pick up Linnet Street which is a little off of the property line to the west. Commissioner Gamache asked if this did not get rezoned and they put Linnet Street through to 157 Would this make the property legal non - conforming. Mr. Bednarz agreed that if the road were extended and utilities were not brought in the lot would be non - conforming, but there would not be a reason to bring the road through unless utilities were brought into the area. • Regular Andover Planning and Zoning Commission Meeting Minutes — November 12, 2003 Page 4 Motion by Vatne, seconded by Greenwald, to open the public hearing at 7:16 p.m. • Motion carried on a 6 -ayes, 0 -nays, 1- absent vote. There was no public input. Motion by Gamache, seconded by Kirchoff, to close the public hearing at 7:16 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote. Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of Resolution No. , approving the proposed lot split. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote. Mr. Bednarz stated that this item would be before the Council at the December 2, 2003 City Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT (03 -12) FOR A CHURCH TO BE LOCATED IN RESIDENTL4L DISTRICT AT 2880 SOUTH COON CREEK DRIVE. Mr. Bednarz explained that the applicant 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. Mr. Bednarz discussed the staff report with the Commission. Commissioner Kirchoff asked about the proposed lighting because he is concerned with it being lit in a residential area Mr. Bednarz stated the City does require a shoe box light that prevents glare and they are on a timer and will turn off when the church is not in use except for security lighting. Commissioner Gamache stated he had noticed the elevation for the cross was forty feet high. He wondered if there would be a variance for this and is this height governed by the current ordinance or is it exempt Mr. Bednarz stated there are a few items that are exempt from the height ordinance and this would fall into that category. Motion by Kirchoff, seconded by Gamache, to open the public hearing at 7:27 p.m.. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote. Mr. Wes Spadgenske, 2934 South Coon Creek Drive, stated his greatest concern is the traffic that will be added because of the curve and unless there are turn lanes added, it is a • Regular Andover Planning and Zoning Commission Meeting Minutes — November 12, 2003 Page 5 • concern. The concern is not only on Sunday, but during the week when the high school lets out. Ms. Tammy Nano, 2807 142 °d Lane, wondered if the church will be going to the back of her property. Mr. Bednarz showed the property on the map and explained the church property will abut her property with wetland directly behind her, however the church and parking area will be several hundred feet away. Ms. Nami stated her concern was the loss of privacy to her residence. Chairperson Daninger explained they received a couple of letters. One was from Mr. Erik and Cheryl Nelson, 2863 South Coon Creek Drive, stating their concerns about berming and the entering and existing of the parking lot. He also explained they received a letter from Mr. Wes and Lois Spadgenske who were at the meeting. Mr. Mike Schraad, Design Build Contractor with Welsh Construction, representing Coon Rapids Christian Church, explained they have initiated the traffic study and they are expecting to have this done the week of Thanksgiving and will have the result available at the December 2, 2003 City Council meeting. Mr. Schraad stated regarding the person whose property the church would abut, the entire development is at the opposite end of the property and the southern part of the property . will remain the way it is and there are not any plans to construct buildings on that part of the property. Mr. Schraad explained they would like to have the Commission consider the architectural metal panel, which is a cost effective, economical solution and does not detract from the aesthetics of the facility. He noted they would work with the City on the masonry part of the building. They are open to whatever it takes to minimiz auto lights from neighbors. Commissioner Jasper asked if the Coon Rapids Christian Church name going to change if built in Andover. Mr. Schraad stated this has been discussed and will probably happen but they have not made any definite decisions yet. Commissioner Vatne asked if the area is buildable on the southern part of the lot. Mr. Schraad stated there is a portion that is buildable to a certain extent but a lot of it is lower with wetlands. Commissioner Vatne stated in terms of east/west and berming options, it looks like it is fairly tight with it being constructed now, is there much space for some level of privacy east/west with the residents. Mr. Schraad stated in terms of screening to the east and west would be some type of pine tree instead of berming. Commissioner Vatne asked on the map, which side would be facing west. Mr. Schrod • explained the elevations in the drawings. Regular Andover Planning and Zoning Commission Meeting Minutes —November 12, 2003 Page 6 Chairperson Daninger asked if there was a bell. Mr. Schraad stated there is a bell but it S would only be rung for Sunday services. Motion by Gamache, seconded by Greenwald, to close the public hearing at 7:40 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote. Commissioner Vatne stated they did not hear any specific concerns from homeowners from the east and west side and as the landscape plan is put in place, it will be critical to have a plan for privacy for the neighbors. Commissioner Gamache stated he liked the area because there are a lot of pine trees in the area and he would recommend pine trees to be used for landscaping and screening of the property, especially along South Coon Creek Drive. Commissioner Greenwald asked what the speed limit is on South Coon Creek Drive. Mr. Spadgenske stated the speed limit on each end is thirty and in the middle thirty -five but people go a lot faster. Commissioner Greenwald stated in the resolution one of the things to consider included considering if this would have a detrimental factor to the homeowners and he did not think the church would be detrimental to the neighborhood. Chairperson Daninger asked if there will be turn lanes as part of the planning. Mr. Bednarz stated they are looking to the traffic study to see what will be needed. The project may help the Round Lake intersection warrant a signal. It was a little short when they did the study as part of the County project and hopefully there will be a signal sooner than later. Motion by Gamache, seconded by Vatne, to recommend to the City Council approval of Resolution No. , approving the proposed church subject to the conditions in the attached resolution and as prepared by staff. Commissioner Greenwald stated he highly recommended having the traffic control report for the City Council. Motion carried on a 6 -4yes, 0 -nays, 1- absent (Casey) vote. Mr. Bednarz stated that this item would be before the Council at the December 2, 2003 City Council meeting. Commissioner Greenwald asked if they were going to comment on the finishing material. Chairperson Daninger stated there was not any negative discussion regarding this so he thought it would be fine. • Regular Andover Planning and Zoning Commission Meeting Minutes —November 12, 2003 Page 7 i PUBLIC HEARING: CONDITIONAL USE PERMIT (03 -11) FOR A DRIVE THROUGH FACILITY FOR WALGREENS LOCATED AT THE SOUTHEAST CORNER OFBUAWER LAKE BOULEVARD AND QUINNSTREET NW. Mr. Bednarz explained that 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. Mr. Bednarz discussed the information with the Commission and explained 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. He also stated there was no information regarding the lighting under the canopy in the staff report and the Commission may want to discuss the lighting requirements for this. Commissioner Kirchoff asked if the main entrance was on the same side as the drive thru. Mr. Bednarz stated it was not. Commissioner Jasper asked if this Walgreens would look like the one in Coon Rapids. Mr. Bednarz stated it would. • Commissioner Vatne asked how the drive thru will work. Mr. Eric Johnson, RLK, explained how the traffic will flow through the parking lot and drive thru. Commissioner Gamache asked if Mr. Johnson knew what the typical trip was through out the day. Mr. Johnson stated he did not have the information with him but Walgreens could provide that. Chairperson Daninger asked if Mr. Johnson would have a problem with the lighting under the canopy. Mr. Johnson stated they will work with the City on this. Motion by Greenwald, seconded by Vatne, to open the public hearing at 7:56 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. There was no public input. Motion by Gamache, seconded by Kirchoff, to close the public hearing at 7:56 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. Motion by Vatne, seconded by Kirchoff, to recommend to the City Council approval of the Conditional Use Permit. Chairperson Daninger asked if they were going to add something in regards to the . lighting under the canopy. Commissioner Greenwald stated he thought they should be Regular Andover Planning and Zoning Commission Meeting Minutes —November 12, 2003 Page 8 able to use their general Walgreens layout for the canopy because there is not any • residential housing around there and it is enclosed in a commercial area. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. Mr. Bednarz stated that this item would be before the Council at the December 2, 2003 City Council meeting. PUBLIC HEARING: LOT SPLIT (02 -09) TO CREATEA NEW RURAL RESIDENTUL LOT FROM PROPERTY LOCATED AT 16030 MA%AH STREET NW. Mr. Bednarz explained that 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 minim lot width, depth and area- Mr. Bednarz discussed the background of the case with the Commission. Commissioner Gamache expressed concern about lots that are going to be lower than ninety percent and the Commission will have to allow it. He explained that he felt for the applicant and he does not have a problem with this split, but he does have a problem with future applications requesting lower than ninety percent. Commissioner Jasper stated he • agreed because it was a controversial thing to go to ninety and now there are requests for less than ninety percent. Commissioner Kirchoff stated he felt the same way but this approach was validated by the City Council. Chairperson Daninger stated they are an advisory committee and they are there to make decisions and recommendations and just because it is validated by the City Council they can still discuss this and disagree with the City Council on it. Motion by Gamache, seconded by Greenwald, to open the public hearing at 8:03 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. Mr. Mark Monroe, 15961 Makah Street, explained this item has been turned down a number of times and he did not know why the City Council was making special considerations for one person. He stated be does not know why every one feels they need to continually add additional properties to Andover. The original area was set up for five acres or more, that is the way it was platted and built and he does not understand the need to make the lots smaller and add additional density to the area. He explained he is against this lot split. Mr. John Moore explained one of the reasons this has come up and that they favor his lot split because of the concave to the entrance of his lot. He explained that if he was a cul- • Regular Andover Planning and Zoning Commission Meeting Minutes —November 12, 2003 Page 9 • de -sac lot, this whole situation would be in reverse. He explained the setup of his property with the Commission. Mr. Moore stated he discussed this with some of the Councilmembers and their suggestion was they should revise the ordinance to take into consideration this type of lot to where you could measure it either at the setback or the road, whichever is the greatest and because he was so close to the requirements that rather than go through the process of measuring, they would round it off to be fair. He stated he is less than one half of one percent of the requirement. Since he applied for a lot split in this area, there has been another lot split further up the road. Since the development has been established, there have been six lots that have been split since it was set up as five acre lots and is not something new in the area. He explained that he does not know why the residents are so objective to his lot split when they did not object to the others. Mr. Monroe explained they did object to all the other lot splits they were notified about. He stated it is a rural community and they want to keep it that way. Motion by Vatne, seconded by Gamache, to close the public hearing at 8:08 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. Commissioner Jasper stated that he is glad Mr. Moore addressed the Commission because he understands the logic of what he is saying based on a concave lot. He • explained this is not a bad idea for the City to look at changing this rule to measure it at the front property line. Mr. Bednarz stated one of the reasons why staff did not want to take the measurement at the front setback was because once the measurement is taken, the lines can immediately start to close in on the building pad and unless they have some other minimum through the lot. The purpose of measuring the lot width at the setback line is to protect the area where the home will be built. He explained in a lot of communities, the minimum lot width must be provided throughout the entire lot and they do not have that in Andover. Chairperson Daninger thought this was discussed before. Commissioner Greenwald stated one of the reasons he was attracted to Andover was the roads and that they were not straight and if they were to look at this specifically based on this rule, he could not recommend approval but because of that uniqueness in Andover with all the corner lots he could imagine what they would be opening up if they were to change the way lot width is measured. Chairperson Daninger stated one of the concerns they have to look at is that it is 89.72 percent and the question is do they have the ability to round up to meet their Ordinance. Commissioner Greenwald stated this was validated by the City Council. • Regular Andover Planning and Zoning Commission Meeting Minutes —November 12, 2003 Page 10 Chairperson Daninger asked if this could be rounded up to meet requirements. He felt • this should be rounded up. Commissioner Gamache stated by doing the lot split, they are not putting the lot out of character of others in the area and he does not know where they should go with this. Commissioner Vatne stated he did not think this was universally accepted but it comes down to reasonableness and he thought rounding up was acceptable in this case. He felt this was close enough to approve. Commissioner Kirchoff stated this has been validated by the Council and rounding up is universally accepted. This would not be out of character based on the area. He could accept this for approval. Commissioner Gamache stated for the record, this is an extremely out of the ordinary item and he did not expect to approve others under ninety percent. Commissioner Greenwald stated he agreed with Commissioner Gamacbe and would recommend approval of this. Commissioner Jasper stated he felt this was inappropriate because they are already allowing ten percent and they are allowing more than ten percent. He stated they have standards and they should stick to the standards. • Chairperson Daninger stated the new Ordinance gives them a ten percent leeway and if this was 89.4 percent he would not be comfortable. He is comfortable with the percentage at 89.72. Motion by Kirchoff, seconded by Gamache, to recommend to the City Council approval of the proposed lot split. Commissioner Kirchoff stated it would be nice for future reference to have clarification for rounding for other discussions. Motion carried on a 5 -ayes, 1 -nay (Jasper), 1- absent (Casey) vote. Mr. Bednarz stated that this item would be before the Council at the December 2, 2003 City Council meeting. OTHER BUSINESS. Mr. Bednarz mentioned that two Commissioners terms will be up at the end of the year and if interested, please give a letter to staff. • Regular Andover Planning and Zoning Commission Meeting Minutes — November 12, 2003 Page 11 • ADJOURNMENT: Motion by Gamache, seconded by Kirchoff, to adjourn the meeting at 8:22 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. • ANLb Y O F 6A E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 MAIN (763) 755 -5100 FAX (763) 755 -6923 • WWV`1.CI.AND0VER.MN.US TO: Planning and Zoning Commissioners FROM: Andy Cross, Associate Planner .a SUBJECT: PUBLIC HEARING Comprehensive Plan Amendment (03 -08) to change the sewer staging from 2015 -2020 to 2000 -2005 for properties located at 15773, 15803, 15827,15955 and 15975 Crosstown Boulevard NW. DATE: November 25, 2003 INTRODUCTION The applicant is requesting a Comprehensive Plan Amendment to change the Comprehensive Plan's sewer staging classification for contiguous properties located on Crosstown Boulevard. DISCUSSION Initially set to receive municipal services in 2015 -2020, the properties at 15773, 15803, i s 15827,15955 and 15975 Crosstown Boulevard NW have an opportunity to receive municipal water and sewer within the next two years via the Constance Corners subdivision and the proposed Fire Station #3. City Engineering staff has indicated that the sewer pipes that would be extended to serve Fire Station #3 have sufficient capacity to allow the connection of all of these properties. Availability of the sewer pipe to serve Fire Station #3 would put it in close proximity to these other properties. This would enable them to connect without involving other property owners in the area that may not be ready to proceed at this time. These property owners have indicated their interest in getting the sewer as soon as it is available. The staff recommends that the adjustment to the sewer staging plan be allowed to enable these properties to develop in the next year or two. Verbal inquiries and written requests to amend the sewer staging plan have been received from both Mark Smith and Thomas Miller (owners of adjoining parcels to Fire Station #3). Copies of both written requests are attached. If approved, this sewer staging change will be subject to review by the Metropolitan Council. Staff Recommendation Staff recommends approval of the request for an amendment to the Comprehensive Plan. r �! 741 e43 455 401 341 I I• I 556 16089 1 680 428 360 16019 470 512 16021 16034 46019 L5 ✓ nt _ MARK STpT o� i #3 15827 f J`fIFi 887 15762 Is= 15773 15 WE 16745 910 O 15728 773 719 677 529 0 ¢ 841 _— _ - -__ -- - - -- - 'rSTf. 'c � 831 m � I �E2 �� 525 I 475 575 KIN 1 151 15683 524 15676 574 Lu 15833 lU J_ 531 15616 577 158-TH AVE 15783 375 548 496 15733 553 451 524 A nd Of Aov SOUTH 1/2 SECTION: 13 ��on Bomdary Half Section TOWNSHIP: 32 RANGE: 24 Lou / rands Address Book Parks Map Date: July 22,1499 Water FeaUm C] xi& -eway Atap I CRY El P, G r Andover FIRE DEPARTMENT Date: October 30, 2003 Memorandum _To: May-or.and_City:Eouncil - From: Dan Winkel, Fire Chief u Subject: Request to Consider Change of M.U.S.A. Phasing Schedule The fire department is requesting that the Mayor and City Council consider a request to change the current M.U.S.A- phasing for the property where the new fire station is proposed to be located. The property is located on Crosstown Blvd. N.W..approxiniately 0 one block south of 161 Avenue on the east side of the road The current schedule indicates that city sewer and water would be extended east of Crosstown sometime between 2015 and 2020. We are requesting the council to change the schedule to allow for the extension of sewer and water in 2003 -2004, A The extension of the public utilities will allow for the construction of the proposed fire station with city sewer and water included rather than a septic system and well. The fire department staff appreciates the council's consideration of this request and is looking forward to moving ahead with the construction of the new station. • Station 1 13875 Crosstown Blvd. Andover, Minnesota 55304 763/755 -9825 Fax: 763/755 -9583 Station 2 16603 Valley ]hive Andover, Minnesota 55304 763/421 -9426 Station 3 1785 Crosstown Blvd. Andover, Minnesota 55304 763!755 -9044 THOMAS S. AULLER & SEMUEY M. hIaLER 15827 cRosmwN BOULEVARD N.W. ANDOVER, MN 55304 October 22, 2003 Courtney Bednarz City Planner 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 RE: Municipal Sewer Service for our property Dear Mr. Bednarz: please be advised that we have signed a purchase agreement to sell our property' to Laurent Land Development, Inc. V'Lament"]. The purchaser's obligation to close is contingent upon obtaining certain development approvals from the City of Andover and other units of government. To accommodate Laurent's proposed development, we request that the City change the sewer staging of the property from 2015 -2020 to the current stage of sewer expansion (2000 - 2005). We are not requesting that our property be assessed for any public improvement. The City is further advised that Laurent has our permission to include our land in a plat application. We request that the City process the plat application and make final approval contingent upon Laurent obtaining title from us. 9 Sincerely, • Thomas S. Miller Shirley cc: Steven G. Thorson, Esq. Gary Laurent, Laurent Land Development, Inc. 217309.1 I Our legal description; That part of the Southwest Quarter of the Southwest Quarter, Section 13, Township 32, Range 24, Anoka County, Minnesota, lying Northerly of the following described tact commencing at a point on the West line thereof; distant 400 feet North of the Southwest comer of said Section 13; thence North along the West line thereot a distance of 400 feet; thence East at right angles to the West line thereof to the East The of said Southwest Quarter of the Sout h wes t . Quarter; thence South along the East line thereof a distance of 400 feet; the West to the • paint of beginning. [property Tax Idea ification Number or Tax Parcel Number 13 -32- 24-33 -00011 0 Mark R. Smith 4641 Westan Woods Way White Bear Tommship, NN SM 6514264V50 651 -426 -8449 (fax) October 22, 2003 The Honorable Mike Gamache, Mayor and City Council Members City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 E Dear Mayor Gamache and Council Members: C , OCT ? 4 20J3 C1 7Y Or Please accept this request to move up the current staging on three parcels of property that I own on Crosstown Blvd. They are 15803 Crosstown Blvd., 15773 Crosstown Blvd. and 15955 Crosstown Blvd. Please move the staging for 2010 -2025 to the current staging 2000 -2005. Thank you for your consideration of this request. re y. Mark R. Smith • -7- J 11 1 1 _ 1 • 1 • M IN MIN ■ SoI i MEN MEMO Wall g i _ r • rLi `. 1 1111PON311j" IN ■ , 1'�L ••�• , ^aT F�_¢ 1 e:.e 3R3 �'., "Ar @tpiFs _ e:d Iti fifo unn �� a 1 ■an is I rn• •nn V ' m e■ F3 a. i Y - =i 1111111 4• " I _ M ? ..' ►� taw°' I n■■■ ■1 ' . :sa ■■■ n11r 1♦ ■ ■� •■ ■ � ■aa lil i�i LtiKi� ■ NY ■i '� 41 mq` r lad ■ili ■ ■ ■■ 1111 ■:i I ■ ■N r m ■ ■ ■ ■�;;■ : ��;� ,�,,�.'. •.� I ra •N ' �' ■ NIIII 1(5F - , S■I .a�■Ifi" d 1 i:•^ � NI 1111 \�•wln �, � '� � 1 �� S ■ �HI IINI � �� 'i r ■ � _ � 11nnnN �/ ~ A VIV ! — I 1 u �7�� ■, I= ' ■ ■ �. � ■ii 11 ■� 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA CITY CODE CHAPTER 12 -3 AN ORDINANCE AMENDING CITY CODE CHAPTER 12 -3, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Chapter 12 -3, The Zoning District Map of the City of Andover is hereby amended as follows: 1) Rezone land from R -1, Single Family Rural to R -4, Single Family Urban, legally described as: That part of the Southwest Quarter, Section 13, Township 32, Range 24, Anoka County, Minnesota, lying Northerly of the following described tract: commencing at a point on the West line thereof, distant 400 feet North of the Southwest comer of said Section 13; thence North along the West line thereof, a distance of 400 feet; thence East at right angles to the West line thereof to the East line of said Southwest Quarter of the • Southwest Quarter; thence South along the East line thereof a distance of 400 feet; thence West to the point of beginning. 2) All other sections of the Zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. This rezoning is approved based upon the fact that the character of the area has changed and the conditions surround the site have changed to such an extent that a rezoning is warranted. 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 -3- z a i A G w 8 m w w W W V o O O O D N VI d � O N � Q E r tn CL a "' ar z cn `o w U r ui CD o N m w O W H = � N T C W W Z =DLLs � A w - U w w c d 2:) U cc ° c > w .J LLJ - a fo m N � a w C a ` l m w a a 0 U ' N U t O O w `m LL a L w O C .02 N ' N a E i T w Z � I q ' ' w O � w o m o r E m `O C O as w w kG I C U w � a E o a I m v, EO L ow 1 7, I y \ �- 1 / O O cw \ N f a \\ y a O °a ! �. > o a c N >> a ° m I � o w w W W V o D N VI d � O J RECEIVED November 18, 2003 Andover City Council Andover Planning and Zoning Committee, Re: 20 acres on Crosstown Blvd. south of Constance Proposed for a zoning change 2,, CITY OF ANDOVER After hearing that 20 acres of land north of our property was sold to Mark Smith to be developed as a housing development I became very concerned. We live just south of this 20 acre property on 157th Avenue. This whole area has always been zoned 2 1/2 acre minimum We have lived on this property in Andover for almost 25 years, we have seen the huge increase of development for housing in this city. The reasons we live in this rural area is for the peace and quiet, nature, wildlifg and nice big yards for our children to play in. I feel it would be a huge mistake to approve a zoning change for 1 developer to come into our neighborhood build a large group of homes, Is make his money and leave. Meanwhile we are stuck with a group of homes in our backyards. Is it worth it for 1 person to benefit from this zoning change? Please think twice before you vote, some of us long time residents moved here many years ago for the reason of owning acres. If we wanted small lots we would have moved to a developed neighborhood. PLEASE CONSIDER EVERYONE IN THIS MATTER! Concerned Andover Resident, • rm J • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW LAND RECLAMATION ON PROPERTY LOCATED AT 2748 161 IT AVENUE NW(P.I.D. 16- 32 -24- 42- 0001), LEGALLY DESCRIBED AS; THE Northwest quarter of the Southeast quarter of Section 16 Township 32 Range 24, Anoka County, Minnesota,except that part described as follows: beginning at a point on the North line of said quarter quarter 1869.85 feet west from the East quarter corner of said section, thence South at a right angle to said North line 208 feet, thence West parallel with said North line 400 feet, thence North at a right angle 208 feet to said North line, thence East along said North line 400 feet to point of beginning, except road, subject to easements of record WHEREAS, Grant Schmitt has requested a Conditional Use Permit to allow land reclamation for a two year period on property located at 2748 161 Avenue NW; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12 -8 -4, 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 to allow land reclamation subject to the following conditions: 1. The applicant shall observe all requirements and recommendations by the Anoka County Highway Department concerning transporting the material on County roads. 2. The permit shall be limited to three years from the date of approval and shall expire in December of 2006. 3. The volume of material stockpiled on the subject property shall be limited to a maximum of 15,000 cubic yards. 4. This permit shall be subject to annual site inspection to determine compliance with the City Code and the conditions of this permit. • 5. No concrete, asphalt or other construction material or debris shall be allowed to be stored on the site as a part of this permit. 6. The stockpile shall be located in the southwest quadrant of the subject property. _y— 7. The stockpile shall be seeded and mulched to prevent displacement. 8. The hours of operation shall only be between lam and 6pm. 9. The subject property shall be restored to a level condition or improved when the material has been removed and/or at the time the permit expires. 10. Mining material beyond the imported stockpile shall be prohibited. 11. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12- 15 -6D. 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 U • -4- Conditional Use Permit Land Reclamation 2748 161stAvenue NW W-W Project Location Map Andover 8Planning forest�a�e w /c-,;7- Co�a014INC. City of Andover 14777 Lake Hire Forest Lake, MN PH. (651) 4644500 FAIL (651)464.4722 RE: Request to Stockpile Topsoil on 2748 County Road 20, Andover To Whom It May Concern: Forest Lake Contracting, Inc. requests City approval to temporarily stockpile up to 15,000 cubic yards of topsoil on property described above owned by Grant Schmitt. The topsoil is being generated from construction of county road 9. Trucking of topsoil will occur between the hours of 7a.m. to 6 p.m. via county roads 9 and 20 using up to five trucks. "Trucks Hauling" signs will be setup on county road 20 near the driveway entrance during hauling operations. The stockpile will be temporary seeded and mulched. Topsoil from the temporary stockpile will be reused on the C.R. 9 project or other projects starting in spring of 2004 through December 1, 2006. Forest Lake Contracting will be responsible for trucking of topsoil to the property. Grants Excavating will responsible for permit requirements and removal of topsoil over the three year period. If you have any questions or need additional information, please feel free to call. Grant Schmitt Grants Excavating • LJ AN EQUAL OPPORTUNITY EMPLOYER 6- Forest Lake Contracting, Inc. P x S- �."'�'d K q i —' u 9 ,9kN OVEA- • 1685 CROSSTOWN BOULEVARD N.W. a ANDOVER, MINNESOTA 55304 a (763) 755 -5100 FAX (763) 755 -8923 a WWW.CI.ANDOVER.MN,US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planned SUBJECT: PUBLIC HEARING: Conditional Use Permit Amendment (03 -15) to allow preschool within the existing building and to extend the time allowed for existing temporary classrooms for the Family of Christ Church located at 16045 Nightingale Street NW. DATE: November 25, 2003 INTRODUCTION Expansion of the use of the church for a preschool requires an amendment to their existing conditional use permit. The existing temporary classrooms were to be removed this year as indicated in the attached Resolution R242 -99. Attached letters from the applicant provides the details of the proposed preschool and justification for the requested extension of time allowed for the temporary classrooms. DISCUSSION Staff has inspected the property with the applicant and finds that with minor alterations the existing structure can be modified to meet building and fire code requirements for the preschool. The preschool will be open Monday through Friday and will not conflict with weekend church services. With a maximum of 40 children attending classes at any one time, the existing parking areas will be sufficient to satisfy parking needs. Temporary Classrooms The temporary classrooms are currently used for church activities and classes. The church plans to sell the building and move to a new location in Ham Lake. As a result, they would like to use the existing temporary classroom space instead.of adding permanent space restricting their activities for the short term. Staff Recommendation Staff recommends approval of the requested Conditional Use Permit Amendment to allow the preschool. Staff recommends that the time extension for the temporary classrooms be limited to five years or sale of the church, whichever comes first. ACTION REQUESTED The Planning Commission is asked to recommend approval of the proposed preschool and time extension for the temporary classrooms subject to the conditions of the attached resolution. Attachments Resolution . Location Map Resolution R242 -99 Applicant's Letter — Preschool Existing Floor Plan Proposed Floor Plan Applicant's Letter Temporary Classrooms Photographs of Temporary Classrooms Cc: Angie Long, Carla Wiederhold Family of Christ Church 16045 Nightingale Street NW 0 0 0 CITY OF ANDOVER COUNTY OF ANOKA . STATE OF MINNESOTA RES. NO. R A RESOLUTION AMENDING CONDITIONAL USE PERMITS 92 -16 AND 99 -26 TO ALLOW A PRESCHOOL AND EXTENSION OF TIME FOR THE REMOVAL OF TEMPORARY CLASSROOMS AT 16045 NIGHTINGALE STREET NW (P.I.D. 15- 32 -24 -42 -0006) LEGALLY DESCRIBED AS; That part of the Northwest quarter of the Southeast quarter of Section 15, Township 32, Range 24 lying Southerly of the Southerly right -of -way line of CSAH No. 20 and lying Northwesterly of the following described line: Beginning at a point on the West line of said Northwest quarter of the Southeast quarter thence 663 feet south of the Northwest comer thereof, thence East parallel with the north line thereof 402 feet, thence Northeasterly to a point on said southerly right -of -way line of CSAH No. 20, Anoka County, Minnesota. WHEREAS, The Family of Christ has requested an amendment to Conditional Use Permit 92 -16 to allow a preschool, and; WHEREAS, The Family of Christ has requested an amendment to Conditional Use Permit 99 -26 to allow a time extension of five years for removal of the temporary classrooms, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of the City Code, 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 Amendment request, 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 Conditional Use Permit to allow a preschool and a time extension of five years for the removal of the temporary classrooms, subject to the following conditions; 1. The preschool shall substantially conform with the description provided in the letter from the Family of Christ Church dated November 17, 2003 and stamped received by the City of Andover November 18, 2003. 2. The applicant shall obtain all necessary licenses and approvals from the State of Minnesota. • 3. The preschool shall conform with all applicable building and fire codes. 4. The temporary classrooms shall be removed by November of 2008 or at the time the Family of Christ sells the church, whichever comes first. 5. The Conditional Use Permit shall be subject to a sunset clause as defined in City • Code 12- 15 -7D. 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 E 4 Family of Christ Amended Conditional Use Permit • N W- Project Location Map s Andover Planning CITY OF ANDOVER • COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R242 -99 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT TD 4E FRAME EXTENSION REQUEST BY FAMILY OF CHRIST CHURCH TO ALLOW FOR THE PLACEMENT OF ONE TEMPORARY CLASSROOM TRAILER FOR A TOTAL OF FIVE (5) YEARS ONTO THE PROPERTY LOCATED AT 16045 NIGHTINGALE STREET NW (15 -32- 24-42- 0006). WHEREAS, Family of Christ Church has requested an Amended Special Use Permit time extension to allow for the placement of one temporary classroom trailer for a total of five (5) years onto the property located at 16045 Nightingale Street NW (PIN 15- 32-24-42- 0006) legally described as follows: The part of the Northwest Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota lying southerly of the southerly right -of -way line of CSAH No. 20 and lying northwesterly of the following described line: Beginning at a point on the west line of said quarter quarter 663 feet south of the • northwest corner thereof, thence east and parallel with the north line thereof 402 feet; thence northeasterly to a point on said southerly right -of -way line 300 feet westerly of east line of said quarter quarter and thence terminating; except road, subject to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 5.03 & 7.03; 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 statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit Time Extension 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 Amended Special Use Permit Time Extension on said property with the . following conditions: 6— • Page two SUP 99 -26 Family of Christ Church November 16, 1999 L� 1) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). 2) The temporary classroom trailer shall be removed by the end of November in the year 2003. Adopted by the City Council of the City of Andover on this 16th day of November 1999. ATTEST: L&� 1�� Victoria Volk, City Clerk CITY OF ANDOVER z . T? .E. McKelvey, May • - 7- `Family o f Chrl<st Sutheran Church 16045 Nightingale St. NW Andover, MN 55304 763.434.7337 Fax: 763.434.9232 Website: foclutheran.org E -mail: infogfoclutheran.org RECEIVED City of Andover 9685 Crosstown Boulevard NW Andover, MN 55304 November 17, 2003 Dear Courtney, NOY 18 M CITY OF ANDOVER Here is a revised letter to realest permission to open and operate a preschool . program out of Family of Christ Lutheran Church. After meeting with you, I made some changes to the proposed preschool plan in order to comply with city and state guidelines. The following is our revised plan. The address of the proposed preschool site is 96045 Nightingale Street N.W. Andover, MN 55304. Our goal at Family of Christ Lutheran Church is to open a preschool program in the fall of 2004 that would serve both the members of our congregation and the surrounding community. At full enrollment we would operate five days a week, Monday through Friday, and offer up to four classes per day. At this time our plans are to create two preschool classrooms and a playground out of the space that we already have. The changes that we currently are planning are to take down one wall that divides two classrooms and make it into one big classroom. In order to build a room big enough to hold 20 students, we would build a wall across the hall with a one hour fire rating and install a 20 minute rated door. Also, an additional exit to the outside would be installed in this classroom. Occupancy will be posted and adhered to in each preschool room and all door hardware will be reviewed for compliance with the Uniform Fire Code. 'Open your eyes ana took at the ffe[W They are ripe for harvest. John 4:35 • 4 1 I= • Our large muscle room will be located down the hallway. The divider in the large muscle activity room will never be closed, separating the classroom from exits. Furthermore, the emergency exit in this room will be repaired to make it easier to use and the sidewalk outside this door will be regularly maintained during the winter. A playground for the children will be built on the south side of the building in order to meet requirements of the State of Minnesota. There needs to be at least 75 square feet of playground space for each child. Thus, our playground space needs to be at least 1500 square feet to provide enough space for 1 class to be outside at a time and have at least three pieces of durable large muscle equipment. However, if we want to have both classes out at the same time we would need 3000 square feet of playground space. Finally, fencing will need to be built around the playground area due to its location near the road and parking lot. • It is our plan to have up to four classes offered each day that we are open. We will have 2 classes in the morning that last 2 and a half hours. Then there will be an hour for the staff to prepare for the next classes and eat lunch. Then we will have 2 more 2 and a half hour classes in the afternoon. The approximate hours of normal operation for our preschool will be 8:00 a.m. to 4:00 p.m., with classes starting at 9:00 a.m. and 12:30 p.m. I believe that in the fall of 2004 the preschool will be able to open up with 65-70 students enrolled. The ages of the children that Family of Christ Christian Preschool wants to serve are 3 years old up to 6 years old. At full enrollment, using two preschool classrooms and offering a variety of 1-day, 2-day and 3-day classes, we would be able to serve approximately 200 children each week. However, the largest amount of children that we would be serving at a given time would be 40. This is because the maximum number of children that can be in each class is 20. Thus if we have two classes operating at a time, we could have a total of 40 children in our preschool at one time. _T Thank you for taking time to come and visit our proposed site. I hope that this letter • and the enclosed floor plans have provided you with the information that you need to grant us permission to operate a preschool out of our church. If you have any questions or comments, please do not hesitate to call me. You can reach me at 763- 434 -7337. At Family of Christ Lutheran Church, we believe that our preschool will be a great service to the community and to our members. Sincerely, Angie Long Preschool Director 0 Enclosure 0 —lo . - " , -, ~/.,\;~ ~. t 'd - ..J :5 :0 --rJ." c ~ >-- :$ 0 f e , ' la~Ul$ 9Ie6url.4P!N -/1- E o rn vo U Lo �s C-) a� o � Cl- o w c� m� I ED --4—� -rz- Taimi ,V of Christ lutheran Church 16045 Nightingale St. NW Andover, MN 55304 763.434.7337 Fax: 763.434.9232 Website: fodutheran.org E -mail: infoQa fodutheran.org RECEIVED November 17, 2003 City of Andover 1685 Crosstown Boulevard NW Andover MN 55304 Dear Courtney: NOV 1 c"s MW CITY ANDOVER Family or Christ Lutheran Church has requested an extension to the portable classroom attached to the east side of our facility at 16045 Nightingale facility. The portable classroom is utilized for various education classes and activities throughout the week. Family of Christ is currently in the process of building a new facility 3 %2 miles east on Constance. The first phase of the project is complete which includes a new worship facility. However, since our current location (16045 Nightingale) has not sold we are still using this location, mainly as our education facility. Until • the sale of the Nightingale property or the completion of additional space at the new location the portable classrooms are necessary to run our education programs. Family of Christ is requesting a five -year extension on the portable classrooms, which should allow the time to sale the existing facility and /or construct the necessary space needed at the new location. Thank you for your time and consideration. If you have any questions please do not hesitate to contact me at 763 - 434 -7337. Sincerely, 1't- arla Wiederhold Executive Assistant • 'Open your eyes and Look at the fields! ?key are ripe for harvest.' .john 4:35 13— 0 • /¢- • r1 U /S-- 1 �J 0 A e 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 CC: Courtney Bednarz, City PlanngtV FROM: Jon Sevald, Planning Intern Y SUBJECT: PUBLIC HEARING Lot Split (03 -05) to create a new rural residential lot from property located at 16150 Makah Street NW. DATE: November 25, 2003 INTRODUCTION The property owner is seeking approval to divide their five -acre double frontage lot into two single - family rural residential lots. DISCUSSION The existing home will continue to have access onto Makah Street while the new lot will have access onto 161 n Lane where the street ends in a dead end at the edge of the property. 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 Rea_ Tract A Tract R Lot Area 2.5 acres 2.5 acres 2.5 acres Lot Width at frontyard setback 300 348 348 Lot Depth (avg) 150 335 289 0 been included as a condition in the resolution. Pole Barn There is a pole barn located on Tract B, which would be a legal nonconforming structure if the lot split is approved. City Code 12- 6 -4(B) states "The accessory buildings on a residential parcel with a lot area of (S) acres or less, but more than one acre, shall not exceed the total square footage of land covered by the foundation of the principal structure. " The pole barn is 3,276 square feet in size. The foundation size of the existing home is believed to be 1,436 square feet. If the pole barn were ever to be damaged beyond 50% of its value, the structure would need to be removed to be in compliance with City Code. This has 161` Lane NW (Dead End Street) Currently, there is a partial turnaround located on the neighboring property to the southwest. This is not acceptable for reasons of public safety and snow removal because of its small size. As indicated on the attached survey, the applicant proposes to construct a hammerhead turnaround at the end of 161` Lane on Tract A. Staff proposes that the proposed hammerhead be replaced by an 80 -foot diameter cul -de -sac in addition to a 13.5 -foot boulevard for a total roadway easement of 107 -feet in diameter. This has been sketched out on the attached survey. The proposed cul -de -sac is a reduced size. A typical cul -de -sac is 93 -feet in I diameter with a 16.5 -foot to 21 -foot boulevard in the R -1 zoning district. Attached is a diagram indicating turnaround designs as approved by the Fire Department. The hammerhead turnaround proposed by the applicant is included in this list, although Public Works and the Fire Department would prefer an 80 -foot cul -de -sac as this would provide sufficient room for snowplows and emergency vehicles to maneuver without reversing. The Andover Review Committee has discussed this item in depth. Due to the impact that a full sized cul- de -sac may have on the buildable area of Tract A, ARC recommends that an 80 -foot cul -de -sac defined in City Code 11- 3 -3(G) as a "temporary cul-de-sac" be installed instead of a 93 -foot full sized cul -de -sac. ARC acknowledges that this temporary cul -de -sac will be permanent. The applicant has indicated that the best site for the future house is on the northwest comer on top of a hill. The cul-de -sac would be "tear dropped" to allow the maximum buildable area on the northwest corner of Tract A. Staff has roughly estimated that the cul -de -sac may cost $9,3 86 to construct. The estimate to construct the hammerhead is $7,960. These costs include gravel, bituminous, and curb & gutter. The existing dead end street is similar to others located in the adjacent development to the west. Public Works has identified this neighborhood as one of the most difficult areas in Andover to plow and store snow. Several residents along Makah have expressed an interest in splitting their lots over the past few years. Requiring an 80 -foot cul -de -sac will set precedence in this area on how to proceed with similar lot splits. Easements There is an existing 33 -foot roadway easement along Makah Street on Tract B. A separate easement document is necessary to establish the typical 10 -foot drainage & utility easement around the perimeter of both properties in addition to the 107 -foot diameter roadway easement on 161' Lane for a cul -de -sac. This has been included as a condition in the resolution. so Park Dedication Fees The applicant will be required to pay park dedication fees based on the fee ordinance in effect at the time of Council approval. This has been included as a condition in the resolution. Staff Recommendation Staff recommends that Planning Commission 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 Photograph Fire Department Approved Turnarounds Diagram Respectfully submitted, K d Jon Sevald CC: DeAnn & Gary Cotton Jr., 16150 Makah St. NW Andover, MN 55304 —Z- CITY OF ANDOVER COUNTY OF ANOKA • STATE OF MINNESOTA RES. N0. -03 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR DEANN & GARY COTTEN JR. TO SPLIT A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS AT 16150 MAKAH STREET N.W. (PID: 18- 32- 24 -24- 0007). The property to be divided into two single - family residential lots is legally described as: Tract U, Registered Land Survey No. 72, Anoka County, Minnesota. WHEREAS, DeAnn and Gary Cotton Jr. have 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 107 -foot diameter roadway easement at the end of 161" Lane on Tract A and construct an 80 -foot diameter cul -de -sac with curb and gutter to be approved by the City Engineer. 3. The applicant must remove the legal nonconforming pole barn from Tract B should it become damaged beyond 50% of its value as per City Code 9- 7 -5(B). 4. Payment of a park dedication fee based on the fee ordinance in effect at the time of Council approval. 5. Payment of a trail fee based on the fee ordinance in effect at the time of Council approval. -3- 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 Tract 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 December, 2003. CITY OF ANDOVER Mike Gamache, Mayor ATTEST: Victoria Volk, City Clerk 0 • ---f— cc 0 E E CL w LU .00 (D io 0 a) W tn Lu Ir UJ q �z 1. M.0 W _ LLJ u LLJ N E 2c, z LLI U- M: L — L j j 0 IM W W I U z Q C > u LLI M M (A 1i ❑ 0 v, ui ❑ zj El j f0 0 -00 a I — h, MI 0 a U Co (D - 2:2 0 CD - 0 *0 0 Cc a) C E 0 '6 0 C (0.0 E x E 0 0 > Q m E m (D'8 M a) c 2 0 r CL W N cc -0 (D - 0 0 0 a-D 0 Z ti 'ROPOSED 5 LAND SURVEY NO. f car. of Tract U �D r-�wnr r �l - �nvl 7 CITY OF ANDOVER COUNTY OF ANOKA SECTION 18, T.32 R.24 North line of Tract U, Registered Land Survey No. 72 N89 n 625.21 'i V If �2� � 1 -44� Z y w a J LW I d _T Q b �tsr L u `*N ME : W � O p7 z O � r ' d f car. of Tract U �D r-�wnr r �l - �nvl 7 CITY OF ANDOVER COUNTY OF ANOKA SECTION 18, T.32 R.24 North line of Tract U, Registered Land Survey No. 72 N89 n 625.21 'i V If �2� � 1 % J 105.71 POLE BARN • s,o nl I 77ZA 1 B J ' � I I I I I T 625.21 S89'4336 0 E `- -South line of Tract U, Registered Land Survey No. 72 TRn /IN _r v` R.L.S. ; J60/. ® Denotes iron monument found O ­Dei o&s 11 'inch by 14 Tnch" JFori m6&riie set and marked with License Number 14891 I � i I -I 2 �� I M C4 D � O Q Z O � � I � [I �I •� I es FOR THE PURPOSES OF THIS SURVEY THE NORTH LINE OF TRACT U, R.L.S. NO. 72 IS ASSUMED T0: BEAR N89 43'36'W PRESENT AND FUTURE ZONING = R1 ( SINGLE FAMILY RURAL ) AREA TRACT A = 250 ACRES FRONT YARD HOUSE SETBACK = 40.0 FEET AREA TRACT B = 250 ACRES SIDE YARD HOUSE SETBACK = 10.0 FEET REAR YARD HOUSE SETBACK = 50.0 FEET 6 ccordance with the provisions of Chapter 505. Minnesota Statutes of laao no ^.ne.,.+a,a i h^% • • -7- 11 /01/Yn17Y 1 /:11 01G 1 0 ANDOVER FIRE DEPARTMENT POLICY FIRE DEPARTMENT REQUIREMENTS FOR APPROVED TURNAROUNDS ON FIRE DEPARTMENT ACCESS ROADS AS REQUIRED BY MINNESOTA UNIFORM FIRE CODES Article 9 Section 902 Any of the following are acceptable tumaround altematives: -f2D't I 120 HAMMERHEAD It 2a 1 �z a - -7G —+ ACCEPTABLE ALTERNATIVE ALTERNATIVE TO 120' HAMMERHEAD ACCEPTABLE ALTERNATIVE TO 12o' HAMMERHEAD 90' DIAMETER CUL-DE-SAC f F -90' —r 4• C N - +2D'e- I I • 11 • NOV 07 2002 1554 612 755 9583 PAGE.01 0 s .t,kND0VE^ 1685 CROSSTOWN BOULEVARD N.W. - ANDOVER, MINNESOTA 55304 - (763) 755 -5100 FAX (763) 755 -8923 - WWW.CI.ANDOVER.MN.US 0 TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City PlanJ�7 SUBJECT: Variance (03 -10) to allow a new house to be constructed on a nonconforming lot located at 3131 169' Lane NW. DATE: November 25, 2003 INTRODUCTION The subject property contains a dilapidated structure that needs to be removed from the property (see attached photos). The applicant would like to construct a new home in its place. DISCUSSION The subject property was created before 1969. This was before a Zoning Ordinance or minimum lot size requirement were established for Grow Township or the City of Andover. As a result the size of the property is nonconforming. The property is below the minimum lot size in the Single Family Rural Residential (R -1) Zoning District as indicated in the following table: 0 City Code 12 -4 -3 is typically applied to non - conforming lots to determine whether a home can be constructed on the property. 12 -4 -3: LOT PROVISIONS: A. Buildable Lot: 1. A lot or parcel of land for which a deed or contract for deed has been recorded in the office of the county recorder upon, or prior to, the effective date of this title shall be deemed a buildable lot, provided it has frontage on a public street right of way which has been accepted and is currently maintained by the city, and said space requirements for the district in which it is located can be maintained or adjusted to conform as follows: a lot or parcel of land of record upon the effective date of this title which is in a residential district and which does not meet the requirements of this R -1 Requirement Subject Pro erty Lot Width 300 feet 150 feet Lot Depth 150 feet 164 feet Lot Area 2.5 acres 0.56 acres 0 City Code 12 -4 -3 is typically applied to non - conforming lots to determine whether a home can be constructed on the property. 12 -4 -3: LOT PROVISIONS: A. Buildable Lot: 1. A lot or parcel of land for which a deed or contract for deed has been recorded in the office of the county recorder upon, or prior to, the effective date of this title shall be deemed a buildable lot, provided it has frontage on a public street right of way which has been accepted and is currently maintained by the city, and said space requirements for the district in which it is located can be maintained or adjusted to conform as follows: a lot or parcel of land of record upon the effective date of this title which is in a residential district and which does not meet the requirements of this title as to area, width, or other open space, may be utilized for single - family detached purposes, provided the measurements of such area, width and yard space are within sixty percent (60 %) of the requirements of this title; but said lot or parcel shall not be • more intensely developed. 2. If any plat, for which preliminary approval has been granted by the city council on or before October 21, 1970, is finally approved and filed on or before October 21, 1971, lots contained therein shall be deemed buildable lots, and the provisions of this section shall apply. In all other cases, the provisions and requirements of this title shall apply. Application of City Code As written, this section does not allow the property to be built upon due to the fact that the property is less than 60% of the area and lot width requirements. The applicant is requesting a variance to this section to allow a new home to be constructed on the lot even though it is less than 60% of the required size. Property Rights The property is zoned Single Family Rural Residential (R -1). A single family house has existed on the property for many years. The use of the property is limited to agricultural or a single family house. The size and location of the property are not conducive to an agricultural use. If the City denies the use of he property for this purpose, this may be considered a taking as reasonable use of the property would be denied. The City may be compelled to purchase the property in this situation. Staff Recommendation • Approval of the variance will facilitate removal of an unsafe structure and redevelopment of the property to complement the surrounding neighborhood. Additionally, the City must allow reasonable use of the property to prevent a taking. Staff recommends approval of the proposed variance subject to the conditions of the attached resolution. Attachments Resolution Location map Photographs of existing house ACTION REQUESTED The Planning Commission is asked to recommend approval of the proposed variance subject to the conditions of the attached resolution. Cc: Todd Stenvig 480 West Highway 96, Suite 200 Shoreview, MN 55126 • y • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE VARIANCE REQUEST FOR MEADOW VIEW HOMES TO VARY FROM CITY CODE 12 -4 -3 TO ALLOW A NEW HOUSE TO BE CONSTRUCTED ON PROPERTY LOCATED AT 3131169 LANE NW, LEGALLY DESCRIBED AS: The South 164 feet of the North 264 feet of the East 150 feet of the West 435.6 feet of the South half of the South half of the Northwest quarter of Section 9, Township 32, Range 24, Anoka County, Minnesota WHEREAS, Meadow View Homes has petitioned to vary from the requirements of City Code 12 -4 -3, and; WHEREAS, the City Council finds that the special circumstances for the subject property are as follows: 1. The property was created before a Zoning Ordinance was adopted. 2. The property is zoned Single Family Rural Residential (R -1). • 3. A single family house has existed on the property for many years. 4. The existing house is in an unsafe condition and is detrimental to the surrounding neighborhood. 5. The City needs to allow reasonable use of the property. Reasonable use of the property would be to remove the dilapidated structure and to allow a new home to be constructed on the property. WHEREAS, the City Council finds that the variance will not be detrimental to the health, safety or welfare of surrounding properties, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to vary from City Code 12 -3 -4 to allow a new home to be constructed on the subject property under the following conditions: 1. The existing house shall be removed from the property. 2. A new house shall be constructed in compliance with all other applicable sections of the City Code. Adopted by the City Council of the City of Andover on this _ day of , 2003. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor i Victoria Volk, City Clerk — .3__ Variance 3131 169th Lane NW Project Location Map N W�E Andover Planning 0 n \J — f - `iii � ➢ t .:, _ )kid �• °-a'. IN � r�4 v A r� ➢ t .:, _ )kid �• °-a'. IN � r�4 v r� " - 4 rb vy'd = K .- r ➢ t .:, _ )kid �• °-a'. IN � r�4 v y " - 4 rb vy'd = K .- r am IL ". r < , _ { 5 y r s' A E y s � .M� - y �u f r 06 t : $ j6 l i 3 ` b d ' Ag y ♦ r ... is •fi,e E • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 MAIN (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Comrnissioners FROM: Andy Cross, Associate Planner "Ot SUBJECT: PUBLIC HEARING: Lot Split (03 -06) to create a new rural residential property from existing rural residential property located northeast of the intersection of Crosstown Boulevard NW and Nightingale Street NW. DATE: November 25, 2003 INTRODUCTION The City of Andover has submitted an application to divide into two lots the 28 acres adjacent to the property located at 15211 Nightingale St NW. DISCUSSION The attached survey indicates how the property will be divided. The property being split off is the easterly 8 acres. The City of Andover currently has a contract to purchase this 8 -acre lot from its owner, Ken Slyzuk. The new lot will join the City's property to the West and serve as an expansion to the Public Works Department. The purchase is part of the City's 2002 -2006 Capital Improvement Plan. CIP Project 03- 41960 -06 is dedicated to the purchase of new land that will allow Public Works to expand and maintain their facilities together on one complex. The additional land will be used for a salt storage building, material storage, recycling center, and future facility addition. Staff Recommendation It is recommended that the Commission recommend approval of this lot split request subject to the conditions of the resolution. Attachments Resolution Location Map Property Survey Public Notice CIP Project Description 9 ACTION REQUIRED The Planning and Zoning Commission is asked to recommend approval of the proposed lot split. • Respectfully submitted, And rose Y 0 9 ri CITY OF ANDOVER COUNTY OF ANOKA • STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR THE CITY OF ANDOVER TO SUBDIVIDE PROPERTY INTO TWO RURAL RESIDENTIAL LOTS FOR PROPERTY SURROUNDING 15211 NIGHTINGALE STREET NW LEGALLY DESCRIBED AS FOLLOWS: EXISTING LEGAL DESCRIPTION: The Northwest Quarter of the Southeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota, EXCEPTING there from, a strip of land 20 rods wide running along the south line of said described tract. AND EXCEPT that part thereof described as follows: Beginning at a point on the West line of said Northwest Quarter of Southeast Quarter (NW1 /4 of SE1 /4) distant Eight Hundred Thirty-five and no tenths (835.0) feet North of the Southwest corner of said Northwest Quarter of Southeast Quarter (NW1 /4 of SEl /4); thence East at right angles Two Hundred Sixty-four and no tenths (264.0) feet; thence South parallel with said West line One Hundred Sixty-five and no tenths (165.0) feet; thence West at right angles Two Hundred Sixty-four and no tenths (264.0) feet to said West line; thence North along said West line One Hundred Sixty -five and no tenths (165.0) feet to the point of beginning. AND That part of the Northwest Quarter of the Southeast Quarter (NW1 A of SE1 /4) of Section numbered Twenty-two (22), Township numbered Thirty -two (32), Range numbered Twenty-four (24), described as follows: Beginning at a point on the West line of said Northwest Quarter of Southeast Quarter (NW 1/4 of SETA) distant Eight Hundred Thirty-five and no tenths (835.0) feet North of the Southwest corner of said Northwest Quarter of Southeast Quarter (NW 1/4 of SEl /4); thence East at right angles Two Hundred Sixty-four and no tenths (264.0) feet; thence South parallel with said West line One Hundred Sixty-five and no tenths (165.0) feet; thence West at right angles Two Hundred Sixty-four and no tenths (264.0) feet to said West line; thence North along said West line One Hundred Sixty-five and no tenths (165.0) feet to the point of beginning. EXCEPT Parcel 2, ANOKA COUNTY HIGHWAY RIGHT -OF -WAY PLAT No. 2, according to the recorded plat thereof, Anoka County, Minnesota. • 3 Legal Description for New Lots: Parcel A: • That part of the east 355.00 feet of the Northwest Quarter of the Southeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota, lying northerly of the south 330.00 feet thereof. Parcel B: That part of the Northwest Quarter of the Southeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota, lying west of the east 355.00 feet thereof and lying northerly of the south 330.00 feet thereof. EXCEPT that part of the Northwest Quarter of the Southeast Quarter (NWl /4 of SE1 /4) of Section numbered Twenty-two (22), Township numbered Thirty-two (32), Range numbered Twenty-four (24), described as follows: Beginning at a point on the West line of said Northwest Quarter of Southeast Quarter (NW1 /4 of SE1 /4) distant Eight Hundred Thirty-five and no tenths (835.0) feet North of the Southwest comer of said Northwest Quarter of Southeast Quarter (NWl A of SE1 /4); thence East at right angles Two Hundred Sixty-four and no tenths (264.0) feet; thence South parallel with said West line One Hundred Sixty-five and no tenths (165.0) feet; thence West at right angles Two Hundred Sixty-four and no tenths (264.0) feet to said West line; thence North along said West line One Hundred Sixty-five and no tenths (165.0) feet to the point of beginning. . AND EXCEPT that part of Parcel 2, ANOKA COUNTY HIGHWAY RIGHT -OF -WAY PLAT No. 2, according to the recorded plat thereof, Anoka County, Minnesota, lying within the first above described tract of land. WHEREAS, the City of Andover has requested approval of a lot split to subdivide property pursuant to Chapter 13 -1, and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Chapter 12 -3 -4 and 13 -1 -3; 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. n U I 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. Adopted by the City Council of the City of Andover on this day of s 2003. CITY OF ANDOVER ATTEST: Mike Gamache, Mayor Victoria Volk, City Clerk 0 n U 61 i City of Andover, Minnesota CAPITAL IMPROVEMENT PLAN Incorportated 1974 PROJECT #: 03- 41960 -06 PROJECT NAME: LAND PURCHASE - 13 ACRES 71 ®A f 1 °+ � Yr' J C® a G T F. 4�- . 1 1� } II y� 1 ^l ivn• � S M , �� �1 CAPITAL PLAN 2002 thru 2006 City of Andover, MN 1 0 0 Expenditures 2002 2003 2004 2005 2006 Total Land Acquisition 520,000 520,000 Total 520,000 520,000 Funding Sources 2002 2003 2004 2005 2006 Total Unfunded 520,000 520,000 Total 520,000 520,000 • Operational Impact/Other arge cost savings in keeping facilities together. Another large savings is having a salt storage area on the property. The recycling center wou ld be moved away iom the parks and this would help maintain cleaner parks on the complex. It would also provide a large storage area for the seal coat rock, sweeping, etc. Open and areas in Andover will soon be a thing of the past. 7- Justification This is the last opportunity to purchase this property and keep city facilities together in one complex. Future site expansion opportunities are limited without additional property. 15308 +M 15328 Z 15325 1674 1532D J 15317 1 5302 N 531 532 -15312 15309 Soo Clinic r1 ® 152 W f got", Z I New s 15211 I Lot 5212 NA z p Itr� 1948 1501 18M 1831 1813 CROSSTOWN BLVD i N ' 11 I A5 15026 14996 j � 15( 1488t 15088 Andover 14987 Bemen� I ,502/ , 156 + 1 1501° 1 1r2 ++M "'°°° w 1 14925 $ i +4 14911 1 Map a xiLkoswca : Cfiy ofAndo+v Engineering; ion Boundary Pla nning; Public Work.; mels GIS atures rew..urs ..•rmra..e•. e. t. c�v �� ar.�.. M r f ws of ar wars fr wr e.rwr. Way vats BK�A7A�aPalYlaR ill � "1m � "w 148TH LN "m an awk. efi err - Mfmo J: 4,M wa w • w u•mr•m"m Im i • • CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 - 8923 NOTICE OF PUBLIC HEARING CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, November 25, 2003 at. Andover City Hall, 1685 Crosstown Blvd. NW, Andover, Minnesota to review a Lot Split to create a new rural residential property from property located northeast of the intersection of Crosstown Boulevard NW and Nightingale Street NW legally described as follows: In the Northwest Quarter of the Southeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota. All written and verbal comments will be received at that time and location. A copy of the proposed application will be available for review prior to the meeting at City Hall. Please contact Andy Cross, Associate Planner with any questions at (763) 767 -5142. And.Kross, Associate Planner Publication date: November 14, 2003 -y_ lQ C I T Y O k ND DVE • 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 CC: Courtney Bednarz, City Plann4 FROM: Jon Sevald, Planning Inteml';P SUBJECT: PUBLIC HEARING: Preliminary Plat Donohue Creekside Addition to create two new urban residential lots located at 2733 Bunker Lake Boulevard NW. DATE: November 25, 2003 INTRODUCTION The Planning and Zoning Commission is asked to review a preliminary plat for Donohue Creekside Addition, a three lot urban subdivision. DISCUSSION Tim and Virginia Donohue wish to subdivide their 2.9 acre single- family urban residential lot into three single - family urban residential lots. Their existing home will remain on what will become Lot 3, while the newly created lots will be similar in orientation and size to those found in the adjacent development. Review Process City Code Title 11 -3 outlines the requirements for preliminary plat review. The Planning Commission is asked to review the proposal for conformity with the Comprehensive Plan, the requirements of the City and to ensure the proposal makes the best use of the land. City Code 11- 3 -2(3) Street Plan Access to Lots 1 and 2 will be provided by the existing 137 Lane NW. Access to Lot 3 (existing home) will be provided by Bunker Lake Boulevard, as the access currently exists. City Code 11 -3 -4 Easements A 63 -foot half right -of -way (total ROW is 123 -feet) exists for Bunker Lake Boulevard along the south property line. A drainage and utility easement exists on Lots 1 and 3 at the 100 -year flood elevation along Coon Creek. Additionally, the standard drainage & utility easements are proposed along the perimeter of each property. City Code 11 -3 -6 Lots The lot sizes conform to the R -4, Single Family Urban Residential Zoning District requirements provided in the Minimum District Provisions. R-4 Ran Lot 1 Lot 2 Lot 3 Lot Area 1 11,400 29,7071 26,9861 72,046 Lot Width (at fron and setback 80 82 110 305 Lot Depth (avg) 1 1301 3091 247 190 0 City Code 11- 3- 7Parlcs Park Dedication The Park and Recreation Commission recommended that park dedication and trail fees be collected for two lots in the proposed development. Grading Drainage and Erosion Control Plan The Grading, Drainage & Erosion Control plan has been approved by the City Engineer and the Coon Creek Watershed District. The applicant will need to petition for sewer and water for Lots 1 and 2. Sewer and water is available through the adjoining development. This has been included as a condition in the resolution. Tree Preservation There are a number of mature apple trees that will need to be removed on Lot 1. These trees may be transplanted to other lots as conditions permit. Removal of Structures An existing swimming pool will be removed from Lots 1 and 3. Additionally, an existing tennis court will be removed from Lots 2 and 3. This is included as a condition in the resolution. Coordination with other Agencies The developer is responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District, Minnesota Pollution Control Agency, LGU, Anoka County Highway Department and any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding this item. The developer is also required to meet the following City Ordinances and all other applicable ordinances: City Code Title 11, Subdivision Regulations City Code Title 12, Zoning Regulations City Code Title 13, Planning and Development City Code Title 14, Flood Control Staff Recommendation Staff recommends approval of the proposed preliminary plat subject to the conditions included in the resolution. Attachments Resolution Location Map Preliminary Plat City Staff Memorandum dated November 12, 2003 ACTION REQUESTED The Planning Commission is asked to review the proposed plat and discuss the items noted in the staff report. If the Planning Commission is inclined to recommend approval of the proposed plat the recommendation should include the conditions of the attached resolution. spectfully submitted, Jon Seval CC: Timothy & Virginia Donohue 2733 Bunker Lake Boulevard Andover, MN 55304 Charlie Christopherson, Hakanson Anderson Associates 3601 Thurston Ave. Anoka, MN 55304 C J • • -2� CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R -03 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF " DONOHUE CREEKSIDE ADDITION" FOR TIMOTHY AND VIRGINIA DONOHUE ON PROPERTY LOCATED IN SECTION 33, TOWNSHIP 32 RANGE 24 (PID 33- 32 -24 -13 -0044) LEGALLY DESCRIBED AS: That part of the Southwest Quarter of the Northeast Quarter of Section 33, Township 32, Range 24, described as follows: Commencing at the southwest corner of said Southwest Quarter of the Northeast Quarter; thence on an assumed bearing of North 88 degrees 56 minutes 30 seconds East along the south line of said Southwest Quarter of the Northeast Quarter a distance of 467.33 feet to the point of beginning of the tract of land to be described; thence North 1 degree 03 minutes 30 seconds West, a distance of 336.37 feet; thence North 54 degrees 30 minutes 59 seconds West, a distance of 170.10 feet; thence Westerly, a distance of 130.00 feet along a non - tangential curve concave to the north, having a radius of 140.68 feet, a chord of 125.42 feet and a chord bearing of North 80 degrees 34 minutes 17 seconds West; thence South 37 degrees 57 minutes 42 seconds West, a distance of 291 feet, more or less, to the center line of Coon Creek; thence Southeasterly along the center line of said creek to the south line of said Southwest Quarter of the Northeast Quarter; thence North 88 degrees 56 minutes 30 seconds East along said south line to the point of beginning, Anoka County, Minnesota. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the plat. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the preliminary plat with the following conditions: The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 2. The developer petition for city sewer and water for Lots I and 2. 3. The developer must remove all existing structures from Lots 1 and 2. U -3- 4. Park dedication and trail fees for two lots shall be paid in compliance with the City Code at the time that the plat is approved by the City Council. 5. Contingent upon compliance with all comments contained within the City Staff • Memorandum dated November 12, 2003. 6. Contingent upon staff review and approval for compliance with City Code, policies and guidelines. 7. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure typical subdivision improvements will be completed. Adopted by the City Council of the City of Andover this _ day of December 2003. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor 0 C� .4(- _S. g ° H a W p Z D Q O zo w �Z U� o� W LLI o w 0 c°Ci a _� � ~ O W Z 1 s t�ls w o o w C W a U r LL. K r LLJ O E .�yI� E gg Yq O yYyyg aa b � f p hMH £ sag a A ylE£ C[ Fi ell t a � 16 #k ,. E a e x g ill GNI E 7b 2 all `_______________ _- _________- __- ___r._ti -L JT I r� I — , x- 1 / f rt I I •, � ,� ,, ; ` ♦� a ♦y / �. / 1 � 4 �•" 8 0 . M W a 7 e s 1 E Zc xi R n TWO I s ny 1= '. . ? F �l • • d ' In lot 6 u ,t IdI I I s s I ,t edt t i � Ira a l l J CC It 1l `�� ag mwx W ; d ye i ti� g �, /�_�_______�.._______ •� ^_________________4_'' i Z Q3 � � ,r z • �I 1 'i ° ' i � :/ �� � i / ��'''' ' i i � ` r y' • � i 1 �1 `. 1 TAM I ar z 4` v l J • ) 1 IT Ar ��d Yc��\ ddR ¢� , , /�/ —_ IG� 1` + b, ✓� /, Ned � I n e I c � i / o 3 g x, r 4 CA 0 Cm m �.0 W m O O_ v z , Q W Ir r n O se Q C Z z a o U z t i W � Q ? = Q 9 y8 Z E— 2 Z Z 0 w 0 co t 42, 2 o W a s g t �Z P: cr 7 W�aa 11 e o� �° J it 0 �Yy rt r LL m Z O z pg eq Y Y 8 S� 8 11111111111 I 1 �I e n 0 W V $ x a s J 3 i I I n e I c � i / o 3 g x, r 4 CA 0 Cm m AS e-.t Ae �%�ND 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US November 12, 2003 Tim Donohue 2733 Bunker Lake Blvd. NW Andover, MN 55304 RE: Preliminary Plat Review #3 Dear Mr. Donohue, This letter is intended to provide review comments for the above referenced project. Also enclosed, please find Engineering Department comments and a redlined copy of the plat (submitted to Hakanson Anderson). The Planning Commission will hold a Public Hearing for the preliminary plat on Tuesday, November 25, 2003. The Preliminary Plat and Final Plat will go before the City Council for approval on Tuesday, December 16, 2003. Please respond to the review comments in writing and return the redlined copy with the • submittal of the Final Plat by Monday, December 1, 2003. If you should have any questions, please contact the appropriate department at 755 -5100. PLANNING COMMENTS 1. All concerns have been addressed. ENGINEERING COMMENTS (see attached memo). 1. Two copies of the soil report (with recommendations) must be submitted (1 for the City and 1 for TKDA) prior to determining if the plan meets ordinance requirements. 2. What does the dark shaded area on Lots 2 and 3 represent? 3. Under the Key (Revision area), "City Review No. P' should be changed to "City Review No. 2 " 4. Preliminary Plat: "8" RCP SDR 35 Sanitary Sewer" should be changed to "8" PVC SDR 35 Sanitary Sewer." Respectfully, �j Jon Sevald Planning Intem CC: Charlie Christopherson, Hakanson Anderson Assoc. 3601 Thurston Ave. Anoka, MN 55303 0 .q.