HomeMy WebLinkAbout02/24/04C I T Y O F
ND OVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
Andover Planning and Zoning Commission
Meeting Agenda
February 24, 2004
Andover City Hall
Council Chambers
7.00 p.m.
1. Call to Order
2. Approval of Minutes — January 27, 2004
3. PUBLIC HEARING: Rezoning (04 -05) to change the zoning from Single
Family Rural Residential (R -1) to Single Family Urban Residential (R -4) for
property located at 1422 161" Avenue NW.
4. PUBLIC HEARING: Preliminary Plat of Oakview Park 2 nd Addition, a
Single Family Urban Residential development located at 1422 161 Avenue
NW.
5. PUBLIC HEARING: Conditional Use Permit (04 -02) for drive through and
variance to parking setbacks at proposed CVS pharmacy /convenience store at
3631 Bunker Lake Boulevard NW.
6. Other Business
7. Adjournment
• C I T Y O F
NDOVE
19k 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 Planner
SUBJECT: Item 2. Approval of Minutes - January 27, 2004
DATE: February 24, 2004
Request
The Planning and Zoning Commission is asked to approve the minutes from the
January 27, 2004 meeting.
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A C I T Y 0 F
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1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
PLANNINGAND ZONING COMMISSIONMEETING — JANUARY27, 2004
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The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on January 27, 2004, 7:00 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota
Commissioners present:
Commissioners absent:
Also present:
APPROVAL OF MINUTES
January 13, 2004
Chairperson Daninger, Commissioners Tim Kirchoff, Tony
Gamache, Rex Greenwald, Dean Vatne, Jonathan Jasper
and Michael Casey.
There were none.
City Planner, Courtney Bednarz
Associate Planner, Andy Cross
Others
Motion by Gamache, seconded by Casey, to approve the minutes as presented. Motion
carried on a 6 -ayes, 0 -nays, 1- present (Greenwald), 0- absent vote.
BOULEVARD NW.
PUBLIC HEARING: REZONING (03 -09) TO CHANGE THE ZONING FROM
SINGLE FAMILYRURAL RESIDENTIAL (R -1) TO SINGLE FAMILY URBAN
RESIDENTL4L (R-4) FOR PROPERTYLOCATED AT 1021 CROSSTOWN
Mr. Bednarz explained the Planning Commission is asked to review the proposed
rezoning to allow the Sophie's Manor project to move forward.
The proposed plat is consistent with the Comprehensive Plan as the property is
designated Transitional Residential (TR). This designation indicates that the property
will transition from rural to urban with the extension of utilities to the property. The
property is located in the Metropolitan Urban Service Area (MUSA) and lies within the
current growth stage (2000 -2005) in the City's Sewer Expansion Plan.
Regular Andover Planning and Zoning Commission Meeting
Minutes — January 27, 2004
Page 2
The times and conditions have changed due to the fact that properties to the north and
west have developed at urban densities and municipal utilities are now available to serve
the subject property. Staff recommends approval of the proposed rezoning.
Mr. Bednarz discussed items 3 and 4 with the Planning Commission.
Motion by Greenwald, seconded by Casey, to open the public hearing at 7:27 p.m.
Motion carried on a 7 -ayes, 0 -nays, 0- absent vote.
Public input is discussed in the next item.
Motion by Gamache, seconded by Casey, to close the public hearing at 7:45 p.m. Motion
carved on a 7 -ayes, 0 -nays, 0- absent vote.
Motion by Greenwald seconded by Gamache, to recommend to the City Council
approval of the rezoning request based on the fact that times and conditions have
changed. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote.
Mr. Bednarz stated that this item would be before the Council at the February 17, 2004
City Council meeting.
PUBLIC HEARING: PRELIMINARY PLAT OF SOPHIE'S MANOR, A SINGLE •
FAMILY URBAN RESIDENTIAL DEVELOPMENT LOCATED AT 1021
CR OSSTO WN B 0 ULE VARD NW.
Mr. Bednarz explained the Planning Commission is asked to review a preliminary plat of
46 urban lots on approximately 34 acres.
Mr. Bednarz discussed the staff report with the Commission.
Mr. Bednarz stated staff is recommending a temporary access onto Crosstown Boulevard.
He stated they received comments from the County Highway Department and they are
not in favor of a new access to Crosstown Boulevard. He stated the city staff will
continue to discuss this with the County.
Mr. Bednarz stated there are also a couple of outlots on the plat and staff is asking that
one be combined with adjacent property and the other be preserved for future
development.
Mr. Bednarz stated there were two other items. One being an existing row of evergreen
trees along Crosstown Boulevard. The City requires an extra ten feet of lot depth for
screening from the roadways. There is an opportunity to save the existing row of trees.
The �ast item is that Lot 1, Block 1 has a lot depth slip y less than the required one
hundred and thirty feet, due in part to location of 155 Avenue right -of -way and the
Regular Andover Planning and Zoning Commission Meeting
Minutes —January 27, 2004
Page 3
• south property line of the development. If Lot 1, Block 1 is to be developed, it will need
a variance to lot depth.
Mr. Bednarz stated if a permanent or temporary access would not be a condition of
approval as part of this plat then staff would not recommend this being approved because
it would be a conflict with the city's transportation plan.
Commissioner Kirchoff asked what the property, not part of this proposal is zoned right
now. W. Bednarz stated it was zoned R -1.
Mr. Bednarz summarized the letter from the County Highway Department with the
Commission.
Commissioner Gamache stated the letter from the County stated lots 5, 6, 7, 8 & 9 in
block 3, wouldn't this access be too close to the Railroad tracks. W. Bednarz stated one
of the things in the County letter is the distance for people to respond to something that is
happening on the road in time from the rail road track and they are calling that out as five
hundred feet and lot 5 would be about 660 feet and should be adequate distance there and
there would also be about a quarter mile between that access and Avocet Street over to
the south and west.
• Commissioner Greenwald asked what temporary meant in a situation like that. Mr.
Bednarz stated it would remain until another access would be developed. Commissioner
Gamache asked what would become of the temporary access. Mr. Bednarz stated the
street could be removed and the street easement would be vacated and they could recover
a lot. Commissioner Greenwald stated if they looked at the project location map, it was
pretty obvious that the City was thinking those two roads would connect and that there
would be some kind of access other than Avocet. Mr. Bednarz agreed.
Commissioner Kirchoff asked if they have talked about closing Avocet because it is not
up to the design they would need for access. Mr. Bednarz stated he would not
characterize that it is under designed for what it is intended for because it was designed
for local street access. He stated they will need multiple connections that serve the south
end of the development.
Commissioner Greenwald asked once the property next to this is developed, will the
temporary road be closed. Mr. Bednarz stated they could put a condition on this property
that this would have to occur.
Commissioner Jasper asked why they should build a temporary road when they could
move the road west and make it a permanent road, why wait for the possibility of the
piece to the south to develop later. Mr. Bednarz stated it is something they could look at
but where they move it to is an important consideration. He showed on the map the
location of an existing house and a wetland on the south side of Crosstown Blvd.
Regular Andover Planning and Zoning Commission Meeting
Minutes — January 27, 2004
Page 4
Commissioner Jasper stated this is a collector road and all of the lots will have driveways •
facing the road and wondered if this was contrary to the development standards. Mr.
Bednarz stated there would need to be a variance to allow lots to front on a collector
street.
Commissioner Jasper stated Wintergreen as proposed on the plat, if it went south to the
area that is not part of this development, would it require the removal of the existing
structure and garage on the other property. Mr. Bednarz stated the garage would not
meet the setback requirements but the house would.
Commissioner Kirchoff stated looking at Wintergreen; he wondered why it was proposed
to come up to Crosstown but not at a right angle, is it because of the house. Mr. Mike
Quigley, representing the development company, stated the road was designed
specifically for the spot to correspond with the property directly to the south. The County
is not recommending any access to Crosstown. He stated a temporary road is costly and
the County is not in favor of this and they have designed this plat at the request of staff to
save the trees along Crosstown because there are large mature pine trees there and the
drainage is designed to keep all of the trees. He stated all the trees on lot 5 will need to
be clear cut and most of the trees on lots 4 and 6 would need to be removed for site lines
if the temporary road were installed.
Motion by Greenwald, seconded by Gamache, to open the public hearing at 7:27 p.m. •
Motion carried on a 7 -ayes, 0 -nays, 0- absent vote.
Ms. Linda Price, 15661 Yellow Pine, stated her property is adjacent to the proposed
zoning change and she had two concerns. The first was if there was an access street from
Crosstown into the section, which would make their subdivision a thru street for people
trying to beat the train. Once the street is put in, people will try to cut through if they see
the train. She foresees people using this as a thru street. Her second concern is having
houses built on railroad tracks and how this will affect the market value. Mr. Bednarz
explained the transportation plan to the residents.
Mr. Doug Box, 15675 Yellow Pine, stated his backyard backs up to the wetlands. His
concern is if they are planning on filling in a substantial amount of wetlands, he is
concerned with his backyard flooding. He has fears that if they fill in any part of the
wetlands, it will raise the water level and flood his property. Mr. Bednarz stated his lot
was designed to accommodate two one hundred year floods and he did not see there
being a problem with flooding. He stated it would not be uncommon for water to back up
into the yard where there is a drainage and utility easement on the back part of his yard.
Mr. Box stated his concern is within the last hundred years, the wetland has not been
filled in. Mr. Quigley stated along the lots that shows some fill, there is minimal amount
of fill. Behind the lots will be a substantial storm water pond for the water to go to.
Mr. Pear Mulberg, 244 173' Avenue NW, asked what is the process that would happen
from here on that would determine what the County will allow. Chairperson Daninger
Regular Andover Planning and Zoning Commission Meeting
Minutes —January 27, 2004
Page 5
• stated they take recommendations from the County as well as trying to work with the
County and they look at the plat as a whole and try to look at angles and speeds of the
street and how it benefits everyone.
Commissioner Jasper asked what happens if the Commission recommends the temporary
access and the County does not want it. Mr. Bednarz stated the City has plat authority,
the County has the ability to review the plats and comment but the City has the ability to
approve the plat.
Mr. Joe LeGuard, asked what Mr. Bednarz meant by routing traffic around the rail road
tracks. Mr. Bednarz stated if there is an access to Crosstown Boulevard as part of this
development, the local transportation network is improved.
Motion by Gamache, seconded by Casey, to close the public hearing at 7:45 p.m. Motion
carried on a 7 -ayes, 0 -nays, 0- absent vote.
Commissioner Casey asked if the property owner where the proposed Wintergreen would
go through was at the meeting. Mr. Bednarz stated the owner is in Florida for the winter
and he did speak to him last week. He stated the property is for sale but they were not
able to come to terms with the developer.
Chairperson Daninger asked what the homes values will be. Mr. Quigley stated the value
• of the homes will be equivalent to the homes in the area. Mr. Quigley showed on the
map where the pond will be in the development and stated it was designed to back two
hundred year events and will be dry most of the time.
Commissioner Greenwald stated he would not be in favor of this if they had to put in a
temporary road because he does not want to see all the trees destroyed. Commissioner
Gamache agreed and stated if the property next to this is for sale, he suggested the
developer come to terms with the property owner and purchase the property and make the
permanent connection.
Commissioner Greenwald stated that under the conditions of this preliminary plat, he
would not vote for it right now until he had further explanation on how they are going to
do that connection to Crosstown. He stated that there is no question that people north of
there will be using that in coming out onto Crosstown.
Chairperson Daainger stated the County is recommending no access. Commissioner
Kirchoff stated he could understand their reasons for not wanting access but this is an
area they have identified that will want a collector street and the street needs to continue
past Crosstown and the County does not have any plans at the present time to upgrade
Crosstown. He would hate to see a temporary go in and he thought they could make a
deal with the proposed connection on Wintergreen. He stated he supported a connection
• to Crosstown but he did not want a temporary street.
Regular Andover Planning and Zoning Commission Meeting
Minutes — January 27, 2004
Page 6
Commissioner Greenwald stated they need to have a detailed comprehensive plan that is •
well thought out so they do not get into this situation.
Discussion ensued in regards to the proposed temporary road connection.
Chairperson Daninger asked how everyone felt about driveways on collector streets.
Commissioner Gamache stated there is nothing they could do unless they do not develop
the land. Commissioner Kirchoff stated he did not think it was too severe to put
driveways on this arterial street. He stated they have had to do this on a few
developments when no other options exist.
Commissioner Casey stated they are only stuck with two options. Either give up lot five
as a permanent and cutting out the trees or going to the other piece of property probably
at a higher price. He stated they have to have access to Crosstown.
Commissioner Jasper stated if this is redone, it seems that the road could on the northern
part of this development, be run along the wetland edge with cul-de -sac's off and get
nearly as many lots if they put the road along the wetland edge and put cul -de -sac's off to
the west but they will still have on the south side of this ten or twelve lots that have to
front the collector street so it does not solve the collector street problem.
Commissioner Greenwald thought they should all agree there should be an access but he •
needs a more definitive information and he would like to either table this or deny this.
He would be more prone to table this until they could get more information.
Chairperson Daninger stated they did not have enough information to approve this but he
wondered if they should table this or deny it. He thought they should move this forward
to the City Council with a recommendation because the only things they have problems
with are the road going through and the street as a collector.
Commissioner Jasper stated if Wintergreen is not put where the developer wants it, the
land will be landlocked. That creates a problem for the owner at 1155 and complicates
this.
Commissioner Greenwald stated they could make a motion for approval with the
condition for access onto Crosstown Boulevard or they could make a motion to not
approve it until there is more information because he would like more of a straight
answer as to where the road will be.
Commissioner Vatne stated his vote will be to deny because he thinks that getting this
straightened out where the road will be is too significant to have in front of them and to
approve with a condition. He thought it needed to be ironed out first.
•
Regular Andover Planning and Zoning Commission Meeting
Minutes —January 27, 2004
Page 7
• Motion by Gamache, seconded by Greenwald, to recommend to the City Council denial
of the preliminary plat because of the unknown of the access or continuation of the feeder
street. Motion carved on a 7 -ayes, 0 -nays, 0- absent vote.
Mr. Bednarz stated that this item would be before the Council at the February 17, 2004
City Council meeting.
Commissioner Greenwald left the meeting at 8:10 p.m.
PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR A SINGLE FAMILY
RESIDENTIAL DEVELOPMENT LOCATED AT 13309 JAYSTREET NW.
Mr. Cross explained the Planning Commission is asked to review a sketch plan for a 44ot
residential subdivision.
Mr. Cross discussed the information with the Commission.
Commissioner Gamache asked where the driveway is. Mr. Cross stated it extends out
onto Jay Street. He stated there would have to be a variance for every property that
would have a driveway out onto 133` Commissioner Gamache asked why the one lot
• needed to be widened out to one hundred feet. Mr. Cross stated because the ninety foot
width on corner lots applies only to corner lots that back into one another and this one
would not do that to the north of it.
Commissioner Jasper thought only two of the lots were fronting on 133` Mr. Cross
stated the applicant indicated that this would be the minimum.
Mr. Ernest Rousseau stated currently his driveway fronted onto Jay Street so they could
leave the existing driveway in and cover the front two lots with the existing driveway.
He stated this would allow only two driveways onto 133` Mr. Rousseau stated it would
be a shared driveway. Mr. Bednarz stated staff would not advise that situation. Mr.
Rousseau stated they would like to seek a variance to put four driveways onto 133
Commissioner Vatne stated on the revised engineering sketch plan, there was a proposal
to get by the driveways out to the collector street and treat it with a driveway that runs
along the northern section where the homes would have driveway access off of that. He
thought it was compared to one of the recent developments off of County Road 9, City
View Farms. Mr. Cross stated the Engineering Department offered that as a suggestion
to help the project go through as a way to work around the problem of access to 133rd, it
was done successfully in City View Farms so Engineering brought this forward as a
suggestion. Commissioner Kirchoff asked if this would be a private street. Mr. Cross
stated it would.
•
Regular Andover Planning and Zoning Commission Meeting
Minutes — January 27, 2004
Page 8
Commissioner Jasper stated City View Farms was a development with an association that •
takes care of the private road, was this the intention of this development. Mr. Cross
stated it was intended to make four single family lots.
Commissioner Kirchoff asked if there was a turn around on each lot. Commissioner
Jasper stated it was proposed to make the driveways "J" shaped to allow residents to
drive out onto 133 instead of backing out. Mr. Rousseau stated this was correct.
Commissioner Gamache stated he read that the City of Coon Rapids would have to deed
some land to the owner in order to put accesses onto 133 Mr. Rousseau stated the City
of Coon Rapids indicated they would transfer the property to him but they would not do it
if the driveways are not approved onto 133 Mr. Cross stated in speaking with the Coon
Rapids City Engineer, he indicated the city would convey the land contingent on Andover
giving this the thumbs up to this sub - division.
Motion by Gamache, seconded by Kirchoff, to open the public hearing at 8:22 p.m.
Motion carried on a 6 -ayes, 0 -nays, 1- absent vote.
Mr. Tim Miller, 1765 132 Lane, Coon Rapids, stated they back up to th 7roposed
changes. He stated to their east there is a home with a driveway onto 133 , the same
with the house to the west. He would propose they drive by the lot because he does not
see the room and he is opposed to the entire process. He stated there are mature pines on •
the property that deserve to stay.
Mr. Ben Healy, 13344 This Street, stated he lives behind the proposed property
development and he could see one lot but he did not understand how they could get four
lots out of the property. He showed the area on the map.
Motion by Gamache, seconded by Casey, to close the public hearing at 8:31 p.m. Motion
carried on a 6 -ayes, 0 -nays, 1- absent vote.
Commissioner Gamache stated this is zoned R-4 already and the applicant has the right to
do what he wants on this as long as it falls in the zoning. He stated he does not have a
problem with this at all.
Commissioner Kirchoff suggested they put in tum- around's if possible.
Commissioner Vatne stated the lot size is straight forward, his biggest concern is the
collector street. He thinks the spirit of the ordinance is to keep safety and not have a busy
access onto busy streets. His last concern was there were comments they needed to have
a grading plan to preserve as much of the trees as possible and he agreed.
Commissioner Kirchoff asked if there were already four sewer stubs into the property.
The applicant stated there was not. •
Regular Andover Planning and Zoning Commission Meeting
Minutes — January 27, 2004
Page 9
• Commissioner Jasper stated he agreed with the residents of Coon Rapids about it makes
more sense to do two lots because the house is angled at such a way that the front of the
house will be at the back of the other lot. He understands why the street cannot be put to
the north edge because you cannot get the setback to do that and leave the house which
makes it financially unfeasible. He would encourage the applicant to consider doing this
as a two or three lot split, leaving the applicants access onto Jay Street and doing the
other lots to the east. It seems like it is too much for the space.
Commissioner Casey stated they all meet the requirements but he would like to see all
four accesses onto 133 Commissioners Kirchoff and Gamache concurred.
Chairperson Daninger stated he is not comfortable with all the houses having driveways
onto 133 and he thought there could be other ways. Commissioners Vatne and Jasper
agreed.
Chairperson Daninger stated there are some concerns that were brought up and the
applicant should take those into consideration for the City Council meeting.
Commissioner Jasper asked if would be possible for the applicant to sit down with staff
about the possibility of doing the road on the north side with the idea of getting a
variance so he would not have to destroy his house and this would eliminate the
• driveways onto 133
Mr. Bednarz stated that this item would be before the Council at the February 17, 2004
City Council meeting.
PUBLICHEARING: CONDITIONAL USE PERMIT (04 -02) FOR DRIVE
THRO UGH AND VARIANCE TO PARKING SETBACKS AT PROPOSED CVS
PHARMACY /CONVENIENCE STORE AT 3631 BUNKER LAKE BOULEVARD
NW.
Mr. Bednarz explained this item has been postponed to allow the applicant more time to
revise the site plan to possibly eliminate the need for a variance to parking setbacks.
Notification has been mailed to surrounding residents within 350 -feet of the property.
The proposed project will be located on the northwest corner of Bunker Lake Boulevard
and Round Lake Boulevard on the site currently occupied by Super America.
OTHER BUSINESS.
Mr. Bednarz updated the Planning Commission on related items.
Regular Andover Planning and Zoning Commission Meeting
Minutes — January 27, 2004
Page 10
Mr. Bednarz mentioned that he had a couple of reports for the Planning Commission •
regarding cul -de -sacs and dealing with improvements to County Roads as part of the
platting process. - - --
Commissioner Kirchoff thought they should have some discussion regarding driveways
on collector streets. Mr. Bednarz stated they could discuss this.
ADJOURNMENT.
Motion by Gamache, seconded by Kirchoff, to adjourn the meeting at 8:45 p.m. Motion
carried on a 6 -ayes, 0 -nays, 1- absent vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
Timesaver Off Site Secretarial, Inc.
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• 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 Plann*
FROM: Jon Sevald, Planning InterrfJ7
SUBJECT: PUBLIC HEARING: Rezoning (04 -05) to change the zoning from Single
Family Rural Residential (R -1) to Single Family Urban Residential (R -4) for
property located at 1422 161 Avenue NW.
DATE: February 24, 2004
INTRODUCTION
The Planning Commission is asked to review the proposed rezoning to allow the Oakview Park
2 nd Addition preliminary plat to move forward.
DISCUSSION
As with all rezonings, in order to change the zoning the City must establish one of the two
following findings are present:
1. The original zoning was in error.
2. The character of the area or times and conditions have changed to such an extent to
warrant the rezoning.
The proposed plat is consistent with the Comprehensive Plan as the property is designated
Transitional Residential (TR). This designation indicates that the property will transition from
rural to urban with the extension or utilities to the property. The property is located in the
Metropolitan Urban Services area (MUSA) and lies within the current growth stage (200 -2005)
in the City's Sewer Staging Plan.
Staff Recommendation
The times and conditions have changed due to the fact that thee surrounding properties have
developed at urban densities and municipal utilities are now available to serve the subject
property. Staff recommends approval of the proposed rezoning.
Attachments
City Code Amendment
Location Map
espectfullG submitted,
Jon Seval
0 CC: Mike Quigley, Emmerich Development Corporation 1875 Station Parkway, Andover, MN 55304
AMENDING CITY CODE TITLE 12 -3 -5 ZONING DISTRICT MAP TO CHANGE THE ZONING
DESIGNATION FROM SINGLE FAMILY RURAL RESIDENTIAL (R -1) TO SINGLE FAMILY
URBAN RESIDENTIAL (R -4)
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS:
City Code 12 -3 -5, The Zoning District Map of the City of Andover is hereby amended as follows:
1. Rezone land from R -1, Single Family Rural Residential to R-4, Single Family Urban Residential
on approximately 2.5 acres (PID 14- 32 -24 -32 -0009) legally described as:
The North 463 feet of the East 270 feet of the Northwest Quarter of the
Southwest Quarter of Section 14, Township 32, Range 24, Anoka County,
Minnesota as measured at right angles to the North and East lines thereof
except Parcel No. 60 of Anoka County Highway Right -of -Way Plat No. 20
2. The times and conditions have changed due to the fact that the surrounding properties
have developed at urban densities and municipal utilities are now available to serve
the subject property.
3. All other sections of the Zoning Ordinance shall remain as written and adopted by the •
City Council of the City of Andover.
Adopted by the City Council of the City of Andover on this _ day of March 2004.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
Victoria Volk, City Clerk
•
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
•
CITY CODE 12 -3 -5
AMENDING CITY CODE TITLE 12 -3 -5 ZONING DISTRICT MAP TO CHANGE THE ZONING
DESIGNATION FROM SINGLE FAMILY RURAL RESIDENTIAL (R -1) TO SINGLE FAMILY
URBAN RESIDENTIAL (R -4)
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS:
City Code 12 -3 -5, The Zoning District Map of the City of Andover is hereby amended as follows:
1. Rezone land from R -1, Single Family Rural Residential to R-4, Single Family Urban Residential
on approximately 2.5 acres (PID 14- 32 -24 -32 -0009) legally described as:
The North 463 feet of the East 270 feet of the Northwest Quarter of the
Southwest Quarter of Section 14, Township 32, Range 24, Anoka County,
Minnesota as measured at right angles to the North and East lines thereof
except Parcel No. 60 of Anoka County Highway Right -of -Way Plat No. 20
2. The times and conditions have changed due to the fact that the surrounding properties
have developed at urban densities and municipal utilities are now available to serve
the subject property.
3. All other sections of the Zoning Ordinance shall remain as written and adopted by the •
City Council of the City of Andover.
Adopted by the City Council of the City of Andover on this _ day of March 2004.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
Victoria Volk, City Clerk
•
Oakview Park 2 "d Addition
1422161 Ave. NW
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• 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 Plann*
FROM: Jon Sevald, Planning Intern 7
SUBJECT: PUBLIC HEARING: Preliminary Plat of Oakview Park 2 nd Addition, a Single
Family Urban Residential development located at 1422 161 Ave. NW
DATE: February 24, 2004
INTRODUCTION
The Planning and Zoning Commission is asked to review the preliminary plat for Oakview Park 2"
Addition, a four lot urban subdivision. The applicant has proposed to subdivide the existing 2.5 -acre rural
residential lot into four urban residential lots. The existing home will remain on what will become Lot 2.
DISCUSSION
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
is and to ensure the proposal makes the best use of the land.
The proposed plat is consistent with the Comprehensive Plan as the property is designated Transitional
Residential (TR). This designation indicates that the property will transition from rural to urban with the
extension of utilities to the property. The property is located in the Metropolitan Urban Services area
(MUSA) and lies within the current growth stage (2000 -2005) in the City's Sewer Expansion Plan.
Municipal utilities can be extended to serve the development. A rezoning to Single Family Urban
residential (R -4) will also need to be approved.
City Code 11- 3 -2(3) Street Plan
The existing driveway accessing 161' Avenue NW will be moved to Crane Street NW. All lots will have
driveways accessing onto the existing Crane Street NW.
City Code 11 -3 -4 Easements
In addition to the typical easements around the perimeter of each lot, there will be a drainage &. utility
easement for a wetland in the rear yards of Lots 3 and 4.
City Code 11 -3 -6 Lots
The lot sizes exceed the R -4, Single Family Urban Residential Zoning District requirements provided in
the Minimum District Provisions.
•
R.4 Rea. Lot 1 Lot 2 Lot 3 Lot 4
Lot Area
11,400
27,000
33,210
24,300
24,300
Lot Width (at fron and setback
80
100
123
90
90
Lot Depth (avg)
130
270
270
270
270
City Code II -3 -7 Parks, Park Dedication
The Park and Recreation Commission recommended that park dedication and trail fees be collected for
three lots in the proposed development. •
Grading Drainage and Erosion Control Plan
The Grading, Drainage & Erosion Control plan has been reviewed by the City Engineer and the Coon
Creek Watershed District. Attached are staff s and the watershed's review comments. Sewer and water
is available through the adjacent development. The existing septic system for Lot 2 will need to be
removed. This has been included as a condition in the resolution.
Tree Preservation
The existing grove of trees located in the rear yards of Lots 1 and 2 will be preserved. Several trees
located on the SE corner of Crane Street NW and 161 Avenue NW will need to be removed. These trees
are located within the County right -of -way and interfere with the sight- corner.
Removal of Structures
All existing structures on lots 1, 3, and 4 will need to be removed. This includes a garage, shed, planters,
and a rock pond.
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 with the conditions included in the attached
resolution.
Attachments
Resolution
Location Map
ARC Comments
Preliminary Plat
Photographs
ACTION REQUESTED
The Planning Commission is asked to recommend approval of the proposed preliminary plat.
espectfully submitted,
dvpi ae
Jon Seval
CC: Mike Quigley, Emmerich Development Corporation 1875 Station Parkway Andover, MN 55304
Timberlane Homes 14050 Lincoln St. NE, Suite 100, Ham Lake, MN 55301
CITY OF ANDOVER
COUNTY OF ANOKA
• STATE OF MINNESOTA
RES. NO R -04
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "OAKVIEW PARK SECOND
ADDITION" FOR EMMERICH DEVELOPMNET CORPORATION ON PROPERTY LOCATED IN
SECTION 14, TOWNSHIP 32 RANGE 24 (PID 14- 32 -24 -32 -0009) LEGALLY DESCRIBED AS:
That part of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24,
described as follows:
Commencing at the North 463 feet of the East 270 feet of the Northwest Quarter of the Southwest Quarter
of Section 14, Township 32, Range 24, Anoka County, Minnesota as measured at right angels to the
North end East lines thereof excerpt Parcel No. 60 of Anoka County Highway Right -of -Way Plat No. 20.
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:
1. 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.
3. The developer must remove all existing structures from Lots 1, 3 and 4.
4. Park dedication and trail fees for three lots shall be paid in compliance with the City Code at the
rate in effect at the time that the plat is approved by the City Council.
5. Contingent upon compliance with all comments contained within Plat Review #I from ARC.
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 March 2004.
ATTEST:
Victoria Volk, City Clerk
CITY OF ANDOVER
Michael R. Gamache, Mayor
9
Oakview Park 2 nd Addition
1422 161" Ave. NW
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NDOVE Y O F
1685 CROSSTOWN BO LEVA D 23
N.W. A N D OVE R, I SOTA 5 a (763) 755 -5100
February 5, 2004
Mike Quigley
Emmerich Development Corporation
1875 Commercial Boulevard NW
Andover, MN 55304
Re: Oakview Park 2n Addition Preliminary Plat Review # 1
Dear Mr. Quigley:
The following comments pertain to Preliminary Plat Review# 1 for the proposed single - family urban
residential development. Additional comments may be forthcoming pending further review. Please also
find enclosed a memorandum from the Engineering Department and TKDA.
PLANNING DEPT. COMMENTS lat.
1. The rezoning application will be processed with the preliminary p
2. The Park & Recreation Commission will review the proposed plat on February 19, 2004.
3. Typical drainage & utility easements are needed on Lots 1-4.
• 4. The setback from property lines that abut a County road is 40 -feet (Lot 0.
5. Please verify which improvements on Lots 3 and 4 will remain and which will be removed.
6. Please illustrate the relocated driveway on Lot 2 to assist the Planning Commission and City
Council in understanding the proposal.
7. Please correct the scale bar on the plans.
ENGINEERING DEPT. COMMENTS
(See attached memos)
NAB TURAL RESOURCES COMMENTS
ecified on the Tree Protection Plan; see the attached
1. The type of tree protection needs to be sp
sheet for details.
BUILDING DEPT. COMRIENTS
1. The septic system for the existing house (Lot 2) must be removed.
Please respond to all of the comments included above and in the attached memo from the Engineering
Department in writing. If you should have any questions, please call the appropriate department at 755-
5100.
Respectfully submitted,
a070 Gwjk
Jon Sevald
• Planning Inter
MEMORANDUM
TO: Courtney Bednarz, City Planner
COPIES TO:
FROM: David Berkowitz`, Engineer & Todd Haas, Asst. City Engineer
DATE:. January 29, 2004
REFERENCE: Oakview Park 2" Addition /Grading, Drainage & Erosion Control Plan/Review #1
1. A bikeway /walkway trail will ultimately be recommended along 161 Avenue NW.
oil report (with recommendations)
2. Two copies of the sommendations) must be submitted (1 for the City and 1. for TKDA)
prior to determining if the plan meets ordinance requirements. Keep in mind a chart in the report for each
boring must indicate the seasonal high water mark (mottled soil or if mottled soil does not exist, then it will
be necessary to indicate highest anticipated water table) as defined in Ordinance 10. Borings should be
elevated to a minimum 20 foot depth.
3, Grading, Drainage & Erosion Control Plan. Wemould .recommend that along all lot comers and
intermediate points the proposed elevations be provided in the next submittal to ensure adequate
drainage. Also all areas that do not meet the 2% minimum grade in rear yards need to be identified on
the plan: Can rear yard'grades greater than 2% be achieved?
4. See comments from TKDA regarding the Grading, Drainage & Erosion Control Plan.
5. Grading, Drainage & Erosion Control Plan. Must indicate at least a minimum of 2 maintenance vehicle
accesses and label as such as to all sedimentation ponds and storm sewer where located.. A,minimum of
10:1 slope must be identified and proposed contours adjusted to accommodate this.
6. May need to obtain the necessary permits from the DNR, US Army Corps of Engineers, Coon Creek
Watershed District, MPCA and any other agency that is interested in the site,
7. Grading, Drainage & Erosion Control Plan. Need to indicate that all site distance requirements, are met at
all intersections in the legend. It will also be necessary to show site triangles on the plan for the
southeast comer of the intersection of Crane Street NW and 161" Avenue NW as required by the Anoka .
County Highway Department. The trees in the County right -of -way must be removed to meet site.
distance requirements.
8. Need to verify that all topo information has been checked in • the field.. The City topo (which was done by
Mark Hurd) has been found in the past to be incomplete.
9. Grading, Drainage & Erosion Control Plan. The Wetland Buffer Ordinance #114 applies to the site. The
buffer strip around all wetlands and storm water ponds needs to be shown. Please verify buffer strip
locations.
10.. Driveway accesses must be at least 60 feet from any intersection.
11. These plans need to be submitted to the Anoka County Highway Department for their review and .
comment and address any issues that they may have.: •' .
H:\Engineedng\Plats\08kv1ew Park 2nd AdditionWeMOACourtney.DOC
1685 CROSSTOWN BOULEVARD. N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100,
FAX (763) 755 - 8923 . WWW.CLAN DOVER. MN -US
12. Preliminary Plat. Are there any existing easements (private or public) that need to be vacated? If there
are, they should be clearly indicated on the preliminary plat.
13. All plans where appropriate. All existing utilities within 100 feet of the proposed plat are required to be
shown including sanitary sewer manholes, watermains, hydrants, storm sewer, gas, telephone, electric,
cable tv, etc. Make sure they are all labeled properly.
14. Grading, Drainage & Erosion Control Plan. Need to identify on the plan emergency overflow swale for
Pond #1. Also, note where the emergency overflow for the existing catch basins located in front of Lot 4,
Block 1 is.
15. All plans where appropriate. It is required in Ordinance 10, Section 8.02 (Existing Conditions) to provide
certain information within the boundaries of the plat and 100 feet outside the plat including but not limited
to wetlands, etc.
16. It will be required that the wetland delineation report by your consultant be forwarded to the Coon Creek
Watershed District to verify the wetland delineation, if any wetlands exist.
17. Grading, Drainage & Erosion Control Plan. One foot of freeboard from the 100 year flood elevation
needs to be identified for the sediment/rate control ponds to ensure water is discharging in the overflow
structures. It appears the top of the berm for Pond #1 is proposed to be less than .1 foot above the 100
year flood elevation.
18. Low floor elevations will be evaluated once all information is available (i.e. complete soils report,
determination of watershed boundaries, review of the flood elevations, etc.). Note: A lot by lot tabulation
needs to be provided on the Grading, Drainage & Erosion Control Plan similar to what was shown on
Oakview Park.
19. Utility Plan. The north portion of proposed watermain may need to be looped: It will be necessary to
provide additional easement for the watermain on Lots 1 4, Block, 1.
20: See comment from the Natural Resources Technician regarding the Tree Protection Plan. Tree
Protection Plan needs to be submitted.
21. Please review all City Codes for compliance.
22. Grading, Drainage & Erosion Control Plan.. Need to relocate'existing hydrant further north and make
connection to allow for better circulation of the 6 inch watermain. Add new hydrant to the south end of the
• watermain.
23. Grading, Drainage & Erosion Control Plan & Utility Plan. Need to indicate the proposed grading of ditch
along 161 S ' Avenue NW due to removal of the existing driveway.
24. All Sheets. Need to provide a 30 foot radius in the southeast corner of the intersection of Crane Street
NW and 161 Avenue NW, similar to what was done in Maple Hollow, located in the southwest comer of
the intersection.
25. Grading, Drainage & Erosion Control Plan & Utility Plan. Need to indicate how the existing driveway will
be, constructed for Lot 2, Block 1.
26. Utility Plan. Extend manholes into property far enough so that service lines will be connected to the
main. No connections to the manholes are allowed.
27. See comments on all plan sheets.
28. Additional comments pending further 'review.
•
H:\Engineering\Plats \oakv'iew Park 2nd Addition\Memos \Courtney.DOC
TKDA
ENGINEERS • ARCHITECTS • PLANNERS
DATE:
PROJECT:
REVIEWED BY:
January 27, 2004
f1 EC
JAN 2 9 nA
CITY ®F -.,-w
NDOVER
TKDA Commission No. 11978 -042
Oakview Park 2nd Addition
City of Andover, Minnesota
1500 Piper JOw Plata
444 Cedar street
Saint Paul, MN 55101 -2140
(651) 292-4400
(651) 292-0083 Fax
www.tkdA.com
Review of Grading Plan Compliance for Oakview Park 2nd Addition
Plan Date: January 12, 2004
Received by TKDA: January 20, 2004
owner/Developer: Timberlane Homes, Inc.
Owner's Engineer: Lawrence J. Olson, P.E., LSJ Engineering
Stephen W. Hartley, P.E., TKDA `X41A
BACKGROUND: The Grading Plan for Oakview Park 2nd Addition was reviewed for
compliance with the City of Andover's "Water Resource Management
Plan ", dated January 1993. The following comments identify items that
need to be addressed. •
COMMENTS:
The proposed outlet has a 2.5 -inch orifice to restrict the flow rates. A 2.5 -inch orifice is not
practical, as it has a tendency to clog and will require a high level of maintenance to keep
functioning properly. The smallest practical orifice is 6- inches in size. Please revise the
HydroCAD model for a 6 -inch orifice. The city will look at the discharge increases and
determine if the flow rate increases are acceptable. If possible, a 6 -inch orifice is preferable.
2. Existing condition and proposed condition curve numbers and time of concentration
computations are acceptable.
2. As of September 4, 2003, the Minnesota Pollution Control Agency requires a Storm Water
Pollution Prevention Plan ( SWPPP) to be developed as part of the Application for General
Storm Water Permit for Construction Activity (MN R100001). The City should consider
having a copy of the SWPPP submitted, so that a copy exists at City Hall.
3. An application has been made to Coon Creek Watershed District. If the Watershed District
determines a Permit is required, then the Watershed District will need to give approval prior
to the City issuing final approval.
An EmpjW Owned company Promoting Aifirmatim Action and EqualOPPOrtul*
COUNTY OF ANOKA
Public Services Division
HIGHWAY DEPARTMENT
1440 BUNKER LAKE BLVD. N.W., ANDOVER, MINNESOTA 55304 -4005
(763) 862 -4200 FAX (763) 862 -4201
RECEIVED
FEB 10- 2004
February 6, 2004
Courtney Bednarz
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304
CITY OF ANDOVER
RE: Preliminary Plat
Oakview Park 2nd Addition
Dear Courtney:
We have reviewed t h e Preliminary Plat of Oakview Park . 20d Addition, located in the southeast quadrant of
CSAH 20 (161 Ave. NW) and Crane St. NW within the City of Andover, and I offer the following
comments.
• The existing right of way south of the centerline of CSAH 20 is 60 feet, with the exception of the westerly
most 15.9 feet of the subject property, where the right of way is limited to 50 feet south of centerline. An
additional 10 feet of right of way adjacent to CSAH 20 in'this area is required for future reconstruction
purposes, making the total right of way width equal 60 fee south of the centerline of CSAH 20 within th e
boundaries of this plat.
It appears that there is a severe deficiency for the sight corner in the southeast quadrant of the CSAH
20 /Crane St. NW intersection. The obstructions are primarily trees located along the CSAH2O right of
way. All trees along CSAH 20 within the boundaries of this plat shall be cleared from the existing right of
way and the additional right of way dedication. It appears that all other Intersection Sight Distance
Requirements are satisfied for the CSAH 20 /Crane St. NW Intersection. Please note that no plantings or
signs will be permitted within county right-of- -way. Care mu f exercised when
t create sight
bu structures, plantings, berms etc. outside county gh y,
obstructions for vehicles at this site. The City and the Developer shall ensure that all applicable sight
distance requirements are met to the fullest extent possible for this development.
All lots within this plat will have access available via Crane Street NW. No direct access to CSAH 20 will
be permitted and the right of access along CSAH 20 shall be dedicated to Anoka County. We had
recommended that turn lanes on CSAH 20 be incorporated into a recent adjacent development for traffic
safety purposes. It is our understanding that the City Council did not support our recommendation for the
inclusion of these turn lanes on this section of CSAH 20. The City of Andover should weigh out the
cumulative affects of development within the City . Small, piece -meal development proposals can have the
same impact on safety for road users over time as single ents. The Anoka County
'larger scale developm
• P j programmed for this section of CSAH 20: `The
Highway Department has no funds or m ects
development projects, which are approved by the City, will cause an increase in turning maneuvers on this
route, which will impact the safety on CSAH 20 for all road users. While the size of this development is
Affirmative Action / Equal Opportunity Employer
Courtney Bednarz
Preliminary Plat, Oakview Park 2nd Addition
February 16, 2004 •
Page 2
smaller than the development size that triggers turn lane improvements on the county highway system as
outlined in our current Development Review Process, it is our continued recommendation that turn lanes
on CSAH 20 be incorporated into the development proposals as they occur. We would be willing to meet
with City staff to discuss this issue further if the City desires.
Calculations must be submitted along with a grading and erosion control plan that delineates the drahage
areas for this development. The post- developed rate of runoff must not exceed the pre- developed rate
runoff for the 10 -year, critical design storm. A $150.00 engineering plan review fee will apply to this
drainage plan review. Contact Andrew Witter, Construction Services Engineer for information regarding
the engineering plan review process.
It should be noted that residential land use adjacent to highways usually results in complaints regarding
traffic noise. Traffic noise adjacent to residential areas could exceed noise standards established by the
U.S. Department of Housing and Urban Development and the Minnesota Pollution Control Agency.
Anoka County policy regarding new developments adjacent to existing county highways prohibits the
expenditure of highway funds for noise mitigation measures. The City and/or the Developer should assess
the noise situation and take any action deemed necessary to minimize associated impacts at this site from
any traffic noise.
A permit for work within County right -of -way is required and must be obtained prior to the
commencement of any construction (Permit for Work Within County R/W= $110.00). Please contact
Roger Butler, Traffic'Engineering Coordinator, or Josie Scott, Permit Technician, for further information
regarding the permit process. Installation and maintenance of any traffic control devices within the
County right -of -way associated with this site will be coordinated by this department as part of the permit
process. If the Developer is required by the City to make striping changes on CSAH 20 for turn lanes
and/or by -pass lanes, we will coordinate this work through our permit process as well.
Thank you for the opportunity to comment. Feel free to contact me if you have any questions.
Sincerely,
i
Jane K. Rose
Traffic Engineering Manager
xe: File: CSAH 20 / PLATS / 2004
Mike Kelly, Chief Right -of -Way Agent
Larry Hoium, County Surveyor
Roger Butler, Traffic Engineering Coordinator
Josie Scott, Permit Technician
Tom Hornsby, Traffic Services Supervisor - Signs
Andrew Witter, Construction Services Engineer
OAKvIEW PARK 2ND ADDITION
PRELIMINARY PLAT
FOR
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• 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 Plann*
FROM: . Jon Sevald, Planning Intern JS
SUBJECT: PUBLIC HEARING: Conditional Use Permit (04 -02) for drive- through and variance to
parking setbacks at proposed CVS pharmacy /convenience store at 3631 Bunker Lake
Boulevard NW.
DATE February 24, 2004
The proposed CVS/Pharmacy will be located on the NW comer of Bunker Lake and Round Lake Boulevards on
the site currently occupied by Super America. This will be one of the first CVS stores in the Twin Cities area.
Conditional Use Permit for a Drive - Through Window
City Code 12- 13 -3(D3) requires a Conditional Use Permit to allow a "drive -in business or businesses with a
drive- through window" in the Shopping Center Zoning 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 drive - through pharmacy will be located on the northwest comer of the building and will include two drive -up
lanes with a covered canopy and one through lane. The drive- through will be operated from 7:00 am to 11:00 pm
and will be screened from residential properties by landscaping and a solid fence. There are currently two banks
and one fast food establishment within Andover who have similar drive- through windows. Additionally, Council
has recently approved two drive - througb windows for Clocktower Commons and one for Walgreens in Andover
Station.
Variance to Parking Setbacks
The applicant has requested a variance to City Code 12- 14- 10(G5) requiring parking/drive lane setbacks adjacent
to streets to be 20 -feet. The applicant is proposing a 10 -foot parking setback along Bunker Lake Boulevard. The
Parking lot will be approximately 17 -feet from the curb on Bunker Lake Boulevard.
The proposal has previously been refined to provide a 20 -foot parking/drive lane setback from the residential
property to the north. The home is approximately 72 -feet from the CVS building. Please note that Super America
and Precision Tune have a shared- access agreement on Bunker Lake Blvd. allowing for a zero -foot parking
setback along the western property line. Please see the attached plans for more information.
Staff has discussed alternative site designs with the applicant to achieve compliance with the City Code. These
adjustments include:
1. Reduce the size or exterior design of the building to gain the 10 -feet needed for the southern parking
setback.
2. Reduce the width of the parking aisles to one -way lanes on the south side of the building and provide
angled parking. This approach would require a variance to the minimum drive lane width of 20 -feet for
one of the drive lanes. This requirement is in the City Code to provide a fire lane. One of the lanes can •
remain 20 feet to provide the fire lane. The second parallel drive lane can be reduced to as little as 13 _feet
depending upon the angle of the parking stalls (please see attached table). This approach would achieve
the space necessary to meet the parking setback on the south side but would require a variance to City
Code 12- 14- 10(4b), requiring a 20 -foot minimum drive lane to provide access to angled parking stalls.
3. Reduce the width of the drive through lane on the north side of the building.
4. Purchase additional property from the residential property to the north to accommodate the proposed
design and allow the parking setback requirements to be met.
Variance to Parking Stall Size
City Code 12- 14 -10(D) requires a minimum parking stall size of 10' X 18'. The applicant is proposing 10' X 16'
stalls along Bunker Lake Boulevard. The assumption is that adequate depth will remain because drivers will
often pull forward near the edge of a parking stall allowing the vehicle to hang over the curb one or two feet.
In May of 2003, staff surveyed area communities regarding parking stall sizes. Of the 15 cities that responded,
two cities allow stalls less than 18 -feet in length. Edina allows 16.5 -foot stalls where vehicles may overhang onto
a landscaped area. Bloomington stated that the city does not regulate parking stall sizes. Additionally, there
were four cities that allowed stalls to be reduced from 20 -feet to 18 -feet in length where vehicles may protrude
onto a landscaped area. Please see the attached survey for more details.
Hardship
City Code 11 -1 -9 requires that a hardship be proven to justify a variance. Hardship is defined "by reason of
topography or otherphysical conditions strict compliance with these requirements could cause an exceptional
and undue hardship to the enjoyment of a substantialproperty right; provided, that a variance may be granted
only if the variance does not adversely affect the adjacentproperty owners and comprehensive developmentplan
or the spirit and intent of [the City Code]."
The applicant has provided the attached letter regarding the hardship.
Similar Cases
In 1981, Council approved a variance to allow a reduced rear-yard setback for a loading dock for the Andover
Shopping Center. Council's reasons for granting the variance included (1) the reduced setback would not cause
any detriment to the neighboring residential area and the location of the loading dock made sense, and (2) there
was no public opposition. In 1986, Council approved a variance to allow 9' X 18' stalls (ordinance required 10'
X 20' stalls) for the Andover Shopping Center citing that (1) the reduced size stalls did not adversely affect
neighboring properties, (2) it did not conflict with the Comprehensive Plan, and (3) it made better use of the land.
In 2003, Council considered allowing 9' X 18' stalls for the Andover/YMCA Community Center and Andover
Station South, but decided against changing the ordinance.
Storm Water
The applicant has indicated that underground storage of storm water will replace the retention ponding areas
currently located along Bunker Lake Boulevard. This item will be reviewed as a part of the Commercial Site Plan
application process.
Anoka County Highway Department
The Anoka County Highway Department has provided comments (see attached). The developer will be required
to install a 10 -foot wide trail along Bunker Lake Boulevard and an 8 -foot wide trail along Round Lake Boulevard
as a part of this project. The trail will be located within the right -of -way, leaving approximately 3 Meet of green
space on either side of the trail along Bunker Lake Boulevard.
The Anoka County Highway Department also commented that the trash enclosure may conflict with a sight
corner. This is a standard that exceeds the City's site triangle requirement. Staff will evaluate this situation with
the county in more detail as a part of the Commercial Site Plan review.
Staff Recommendation
Staff requests assistance from the Planning Commission to comment on their preferences for approval or denial of
the requested variances, and potential adjustments to the site plan.
ACTION REQUESTED
The Planning Commission is asked to take the appropriate action based on the discussion.
Attachments
Resolution
Location Map
Site Plan & Elevation Drawings
Letter from the Applicant
Letter from the County Highway Department
Parking Survey
Angled Parking Table
Respectfully _ G �submitted,
\�t9{'� v -"d-6Q
Jon Sevald
CC: Jim LaValle, Velmeir Companies 7900 International Drive, Suite 200, Bloomington, MN 55425
Steve Alexander, Velmeir Companies 5757 West Maple Road, Suite 800, West Bloomfield, MI 48322
Chet Harrison, Loucks McLangan 20 East Thompson Ave. Suite 205, West St. Paul, MN 55118
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPROVING/DENYING THE CONDITIONAL USE PERMIT REQUEST OF
LOCAL OIL Co. OF ANOKA & VELMEIR COMPANIES to allow a drive - through facility with
variances to parking setback and parking stall size on property legally described as Lot 2, Block 1, Local
Oil Addition, Anoka County, Minnesota.
WHEREAS, Local Oil Co. of Anoka & Vehneir Companies have requested a Conditional Use Permit for
a drive - through facility with a variance to allow a 10 -foot front yard setback for a parking lot and reduced
parking stall size of 10 -feet by 16 -feet on property located at Lot 2, Block 1, Local Oil Addition, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said
request doestdoes not meet the criteria of City Code Title 11 -1 -9, 12- 14 -10, 12 -15 -6, and;
WHEREAS, the Planning and Zoning Commission finds the request , and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval /denial of
the Conditional Use Permit with variances to parking setbacks and parking stall size requested with the
following findings;
1.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees
with the recommendations of the Planning & Zoning Commission and approves /denies the Conditional
Use Permit and Variances requested.
Adopted by the City Council of the City of Andover on this _ day of March 2004.
CITY OF ANDOVER
ATTEST:
Victoria Volk, City Clerk
Michael R. Gamache, Mayor
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Feb 19 2004 7:59AM Velmeir Companies 8be- UUJ -Je4d P.c
City of Andover, City Hall
1685 Crosstown Blvd. N.W.
Andover MN, 55304
February 19, 2004
Subject: Hardship Demonstration for Parking Lot Setback & Parking Stall Size Variance
To: Courtney Bednam, Mayor, City Council & Planning Commission
Velmeir Companies is purposing to redevelop the northwest corner of Bunker
Lake Ave. and Round Lake Blvd with a new CVS Pharmacy. The project includes a new 13,000
Sq. Ft. building with retail sales, pharmacy, drive - through window and storage. Velmeir
Companies and CVS have identified this site as a prime comer in the City of Andover and look
forward to serving to the citizens of Andover.
The existing dimensions of this parcel is the primary hardship. We have designed the site to
provide the maximum site distance from the residential property to the north and to
accommodate CVS Pharmacies requirements.
We are requesting a 10 -foot parking lot variance to the south side (Bunker Lake Road). The 10-
foot variance would allow the best circulation of customers and vehicle traffic at the main
entrance to the store (perpendicular parking). This 10 -foot variance will allow free flow of the
traffic within the site. Avast majority (90 1 /6) of the adjoining properties have perpendicular
parking. The only exception to this is the McDonald Restaurant east of Round Lake Blvd. They
require directional parking (angle parking) because of their directional drive thru window traffic.
If this variance is not approved along the Bunker Lake Road, CVS would need to build 10 -feet
closer to the residential property north of the site, placing the CVS driveway closer to the home
north of the site, (this would require a variance also.) The directional (one way) vehicle traffic
would be restricted in movement and reduce the number of parking stalls by 10 % which is less
than required by City Ordinance and below the minimum standards required by CVS
Pharmacies.
In conclusion, we believe this hardship warrants consideration by the City to provide reasonable
circulation, and access for customers, delivery vehicles, and Fire Department trucks to the CVS
Pharmacy. Thank you for your consideration and we look forward to serving the Andover
community.
erely,
Companies
11 Service Real Estate Development Fi�
Mayor and City Council
FEB 19 2004 06:19 952 BB3 3242 PAGE.02
COUNTY OF ANOKA
Public Services Division
HIGHWAY DEPARTMENT
1440 BUNKER LAKE BLVD. N.W., ANDOVER, MINNESOTA 55304
(763) 862 -4200 FAX (763) 862 -4201
RECEIVED
FEB 9 2004
February 2, 2004
Courtney Bednarz
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304
RE: Site Plan
CVS Pharmacy - Andover
Dear Courtney:
CITY OF ANDOVER
We have reviewed the Site Plan for CVS Pharmacy, to be located in the northwest quadrant of CSAH 116
(Bunker Lk. Blvd. NW) and CSAH 9 (Round Lk Blvd.) within the City of Andover, and I offer the
following comments.
The existing right of way west of the centerline of CSAH 9 equals 70ft and north of the centerline of
CSAH 116 equals 70ft; both of which should be adequate for future reconstruction purposes.
Consequently, no additional right of way will be required of this time. Based upon the site plan
submitted, the plan proposes the south edge of the parking lot to be directly abutting the county right
of way adjacent to CSAH 116. Provided no private improvements are proposed within the county right
of way and that the drainage patterns and runoff rates to the county highway system meet our
requirements, the parking lot location is acceptable to us. It should be noted that we do anticipate
future issues with the parking lot proximity to CSAH 116, particularly pertaining to snow removal.
We do intend on using the county highway right of way for our snow storage purposes during the
winter months. We are unsure of the developer's snow removal plans for this site. Please note that
Minnesota Statutes prohibit depositing snow or any other debris /materials from private dwellings or
commercial sites onto public rights of way.
It appears that the sight corner for the CSAH 9 access will be obstructed by the dumpster and trash
compactor facilities. These facilities should be relocated to an area outside of the sight corner. It also
appears that if vehicles are parked in the first four stalls adjacent to CSAH 116 and east of the CSAH
116 access point will obstruct the sight corner for this access. Ideally, these four stalls would be
eliminated or possibly designated as motorcycle parking only. Additionally, the landscape plan shows
new plantings within these two sight corners. The landscape plan shall be modified to eliminate any
landscape features within the sight corners. Please note that no plantings or signs will be permitted
within the county right of way. Care must be exercised when locating signs, buildings, structures,
plantings, berms etc. outside of the county right of way, so as not to create sight obstructions for
vehicles at this site. The City and the Developer shall ensure that all applicable sight distance
requirements are met to the fullest extent possible for this development.
Affirmative Action / Equal Opportunity Employer
Courtney Bednarz
City of Andover
Re: Site Plan / CVS Pharmacy — Andover
Page 2
We are unsure of the current or proposed access agreements for this site with the adjacent property to
the west (Precision Tune). In the existing and proposed scenarios, there is frontage road connectivity
to the west where full access is available to CSAH 116. From a traffic safety standpoint, the operations
of the CSAH 116 /CSAH 9 intersection would be enhanced if the right in/right out CSAH 116 access
point for this site were eliminated and the frontage road connection to the adjacent parcel utilized
instead for access to CSAH 116. Please note that removal of this CSAH 116 access point is not a
condition of our site plan approval or permit process for this site, but we merely wish to communicate
that operations of the CSAH 9 /CSAH 116 intersection could be improved if access locations in the
vicinity of the intersection were eliminated and/or consolidated. Both access points shall be reviewed
by the City and the developer to ensure that the applicable turning radii for each vehicle type entering
and exiting the site can be achieved. Relocation of the CSAH 9 access point further to the north is
acceptable to this department provided that the relocation of existing ACHD traffic signal conduit,
hand holes and interconnect along CSAH 9 are coordinated and completed according to our standards
in conjunction with permit process for this site (the developer shall be responsible for all ACHD traffic
signal related costs).
Drainage calculations must be submitted along with a grading and erosion control plan that delineates
the drainage areas for this site. The post - developed rate of runoff must not exceed the pre - developed
rate runoff for the 10 -year, critical design storm. A $150.00 engineering plan review fee will apply to
the required drainage review for this site. Contact Andrew Witter, Construction Services Engineer, for
further information regarding the engineering review process for this site.
A permit for work within County right -of -way is required and must be obtained prior to the
commencement of any construction (Permit for Work Within County R/W= $110.00 for each affected
roadway). Contact Roger Butler, Traffic Engineering Coordinator, or Josie Scott, Permit Technician,
for further information regarding the permit process. Installation and maintenance of any permanent
traffic control devices within the county right of way associated with this site will be coordinated by
this department as part of the permit process.
Thank you for the opportunity to comment. Feel free to contact me if you have any questions.
Sincerely,
( Ike ,
Jane K. Rose
Traffic Engineering Manager
cc: File: CSAH 9 + CSAH 116 / PLATS / 2004
Mike Kelly, Chief Right -of -Way Agent
Larry Hoium, County Surveyor
Roger Butler, Traffic Engineering Coordinator
Josie Scott, Permit Technician
Tom Hornsby, Traffic Services Supervisor - Signs
Al Bradford, Traffic Services Supervisor - Signals
Andrew Witter, Construction Services Engineer
Herm Talle, Bama, Guzy, & Steffen, Ltd: 200 Coon Rapids Blvd., Mpls., MN 55433
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PARIONG SURVEY
Anoka: Parking stall size differs for compact spaces.
Blaine: Length may decrease to 18' if parking stall is
adjacent to a curb or landscaping so that the vehicle may
protrude beyond the stall
Bloomington: Does not regulate the size of parking
stalls.
Brooklyn Park: Includes non - retail uses only.
Requirements differ for Retail.
Coon Rapids: Length may decrease to 18' if parking stall
is adjacent to a curb or landscaping so that the vehicle
may protrude beyond the stall.
Edina: Parking stall size differs for compact spaces.
Length may be decreased to 16.5 feet if parking stall is
adjacent to a curb or landscaping so that the vehicle may
protrude beyond the stall.
Fridley: Length may decrease to 18' if parking stall is
adjacent to a curb or landscaping so that the vehicle may
protrude beyond the stall. Medtronic received an SUP for
9' X 20' stalls. Totino Grace received an SUP for 8.5' X
20' stalls.
Minnetonka: Aisle widths may be decreased for "low
turnover" parking structures.
Woodbury: Length may decrease to 18' if parking stall is
adjacent to a curb or landscaping so that the vehicle may
protrude beyond the stall.
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A ndover
90
10
18
24
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10
18
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10
18
20
A noka
90
8.5
20
60
8.5
20
45
8.5
20
A pple Valley
ALL
9
20
Blaine
90
9
20
24
60
9
23
15
45
9
27
12
Bloomington
Brooklyn Park
90
9
18
20
25
60
10
21
18 1
25
45
12'7"
19'8"
15
25
Centerville
ALL
9
18
Champlin
90
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18'6 �`rti��
25
60
10
18 s i �
17'6"
45
12
16
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Coon Rapids
90
9
20
14
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9
20
14
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1 9
20
14
24
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90
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18
24
60
9
18
18
45
9
18
12
Fridley
90
10
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18
25
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10
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18
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10
20
18
25
Maple Grove
90
8'7"
18'6
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10
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12
16
13
Minnetonka
90
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13'6"
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90
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9
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45
9
19
11
W oodbury
90
9
20
a
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60
9
20
25
45
1 9
20
_
25
Anoka: Parking stall size differs for compact spaces.
Blaine: Length may decrease to 18' if parking stall is
adjacent to a curb or landscaping so that the vehicle may
protrude beyond the stall
Bloomington: Does not regulate the size of parking
stalls.
Brooklyn Park: Includes non - retail uses only.
Requirements differ for Retail.
Coon Rapids: Length may decrease to 18' if parking stall
is adjacent to a curb or landscaping so that the vehicle
may protrude beyond the stall.
Edina: Parking stall size differs for compact spaces.
Length may be decreased to 16.5 feet if parking stall is
adjacent to a curb or landscaping so that the vehicle may
protrude beyond the stall.
Fridley: Length may decrease to 18' if parking stall is
adjacent to a curb or landscaping so that the vehicle may
protrude beyond the stall. Medtronic received an SUP for
9' X 20' stalls. Totino Grace received an SUP for 8.5' X
20' stalls.
Minnetonka: Aisle widths may be decreased for "low
turnover" parking structures.
Woodbury: Length may decrease to 18' if parking stall is
adjacent to a curb or landscaping so that the vehicle may
protrude beyond the stall.
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