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01/24/06
C IT Y OF NDOVE 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 January 24, 2006 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — January 10, 2006. 3. PUBLIC HEARING: Lot Split (06 -02) to create two commercial lots from property located at 3480 Bunker Lake Boulevard NW. 4. PUBLIC HEARING: City Code Amendment to amend City Code 12 -13 Permitted, Conditional and Prohibited Uses Enumerated to consider new and used auto sales in the Industrial Zoning District. 5. PUBLIC HEARING: Preliminary Plat of Kensington Estates 7th Addition, an urban residential development located in the southwest quarter of Section 27, Township 32, Range 24, Anoka County, Minnesota. 6. PUBLIC HEARING: Lot Split (06 -01) to create two commercial lots from Lot 5, Block 3, Andover Station North located northwest of the intersection of Hanson and Bunker Lake Boulevards. 7. Other Business 8. Adjournment 0 Y 0 F O j I E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW. CLAN DOVER. MN. US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - January 10, 2006 DATE: January 24, 2006 Request The Planning and Zoning Commission is asked to approve the minutes from the January 10, 2006 meeting. 0 • L T Y O r D OVE • PLANIVINGAND ZONING COMMISSIONMEETING — JANUARY 10, 2006 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on January 10, 2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kircho$ Michael Casey, Valerie Holthus, Devon Walton (arrived at 7:11 p.m.) and Michael King. Commissioners absent: Commissioner Rex Greenwald. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota • Assistant City Engineer, Todd Haas Others OATH OF OFFICE Commissioners King and Kirchoff read the Oath of Office. It was indicated that Commissioner Walton would read the Oath of Office after the meeting. APPROVAL OFMINUTES. November 22, 2005 Motion by Casey, seconded by Kirchoff, to approve the minutes as presented. Motion carried on a 3 -ayes, 0 -nays, 2- present (Holthus, King), 2- absent (Greenwald, Walton) vote. PUBLIC HEARING: CITY CODE AMENDMENT TO AMEND CITY CODE 14-1-5 - B TO REFLECT CHANGES TO FLOOD INSURANCE RATE MAP #2706890010B. • Regular Andover Planning and Zoning Commission Meeting Minutes —January 10, 2006 Page 2 Mr. Vrchota noted the Planning Commission is asked to review a proposed amendment to • City Code Section 14- 1 -5 -B. This amendment will adopt the revisions of Flood Insurance Rate Map (FH M) panel #270689 0010A as an attachment to the official Zoning Map. The changes to the map are the result of a flood plain study that was required as part of the Country Oaks West plat. Mr. Vrchota reviewed the information with the Commission. Motion by Casey, seconded by Holthus, to open the public hearing at 7:05 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Greenwald, Walton) vote. Mr. Winslow Holasek, 1159 Andover Boulevard, stated he understood the study had to be done because of Country Oaks and he wondered who ultimately ended up paying for it Mr. Bednarz believed the developer of Country Oaks West initiated that study. He indicated he did not see any of the bills so he did not know who paid for the study. Mr. Holasek wondered if the study was for the entire City. Mr. Vrchota indicated the amendments are just for the area on the map from 161'` to 165`' and the Burlington Railroad. Motion by Kirchoff, seconded by Casey, to close the public hearing at 7:09 p.m. Motion carried on a 7 -ayes, 0 -nays, 2- absent (Greenwald, Walton) vote. 0 Commissioner Kirchoff wondered if they could build anywhere outside of Zone C. Mr. Haas stated the area zoned C is the area the City is allowed to issue building permits. Anything in Zone A, they are not allowed to issue building permits unless it is taken out of Zone A. Commissioner Holthus wondered what the difference was between the flood plain and flood fringe. Mr. Haas explained the definitions of each item. Commissioner Walton arrived at 7:11 p.m. Commissioner Holthus wondered if there would need to be some mitigation done if building were done in the grey area. Mr. Haas indicated there would be if it was determined to be in the flood plain area. Commissioner Holthus wondered how much of the development was built in the flood plain area. Mr. Haas stated Country Oaks should not be in the flood zone. Commissioner Kirchoff stated there were some changes from the old map to the new map, was this favorable to the developer. Mr. Haas stated there were few changes to the map. • Regular Andover Planning and Zoning Commission Meeting Minutes —January 10, 2006 . Page 3 Commissioner Kirchoff stated this is highly technical and he trusted what staff had in the report. Motion by Kirchoff, seconded by Casey, to recommend to the City Council approval of the proposed code amendment. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the January 17, 2006 City Council meeting. PUBLIC FIEARING: CITY CODEAMENDMENT TO AMEND CITY CODE 12-13 PERMITTED, CONDITIONAL AND PROHIBITED USES ENUMERATED TO CONSIDER ADDING DRY CLEAAWVG PROCESSINGASA PERMITTED OR CONDITIONAL USE IN COMMERCL9L ZONING DISTRICTS. Mr. Bednarz explained the City has been approached to change the allowable uses in the commercial zoning districts to enable dry cleaning processing to be performed. In November 2005 the EDA heard reasons why the use should be allowed in the commercial area known as "Andover Station North" which is located in a General Commercial (GB) zoning district. Mr. Bednarz discussed the staff report with the Commission. Commissioner Holthus wondered if there is a dry cleaning business that wants to have a processing business in Andover. Mr. Bednarz stated there was. Commissioner Kirchoff wondered if the equipment would be new equipment. Mr. Bednarz stated it would. Mr. Bednarz indicated Zoning for Andover Station North is General Business (GB). He noted other commercial areas in the City. Commissioner Kirchoff wondered if there were areas in other cities now that allowed drycleaner processing which should not Mr. Bednarz showed a table of other cities that allowed drycleaners. He stated dry cleaners were generally a permitted use in retail districts of other cities with regulations in place for a number of years. Commissioner Kirchoff indicated he did some research and found the new equipment is not as much of a hazard as the old machines. He thought because of this, they could probably allow them in other Zoning District besides GB. Commissioner King wondered if operators could opt out of state reporting guidelines and whether the city needed to make sure the business would file paperwork and were monitored by the EPA. He also asked if limits to the size of the operation had been Regular Andover Planning and Zoning Commission Meeting Minutes — January 10, 2006 Page 4 considered. Mr. Bednarz stated that with the conditional use permit, the city can • condition approval to include an annual inspection to make sure the business is following applicable regulations and using approved equipment He did not believe much consideration had been given to regulating the size of the business. Commissioner Walton wondered where the waste station is that the chemicals get sent to in Minnesota. He agreed that the newer machines seemed more efficient and more in control of the emissions along with more control over chemical spills. He stated he would like to see one in Andover. Motion by Kircho$ seconded by Walton, to open the public hearing at 7:29 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Mr. Winslow Holasek stated he never thought about the size but it did make a difference. The more units you have, the more potential pollution they would have. He thought it should be a conditional use and he thought they should also consider the size and limit it Motion by Walton, seconded by Casey, to close the public hearing at 7:31 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Ms. Laura Heppner, 12341 Drake Street, Coon Rapids, stated she owns Mr. T's cleaner in Coon Rapids along with a drop station in Andover and the processing center in Coon Rapids. She indicated there are a number of places where the chemicals go. She noted her chemicals get sent to Wisconsin and it is well documented through Minnesota and Wisconsin. She noted the amount of chemicals purchased and disposed of is monitored. Commissioner Holthus wondered if employees of on -site dry cleaning businesses were warned of the risk of cancer. Ms. Heppner indicated they were. She explained how the dry cleaning process works. She stated the newer processes are very safe and they do not come into contact with any chemicals. Commissioner Kirchoff wondered how often the waste is changed out Ms. Heppner stated it depended on the volume of business at the center. Commissioner King wondered if there is any waste water involved. Ms. Heppner stated there is some but there is special equipment that eliminates the chemicals from the water before it is discharged. She stated the County inspects the sites and takes samples to compare them to the previous inspection. Commissioner King wondered if the are special ventilation systems required. Ms. Heppner stated there was not Chairperson Daninger wondered if her site only handles what her shops bring in. Ms. Heppner stated that was correct. Chairperson Daninger wondered how the City could tell Regular Andover Planning and Zoning Commission Meeting Minutes — January 10, 2006 Page 5 • if they were a larger processor. Ms. Heppner stated no matter what, they still have to follow EPA rules. Commissioner Daninger wondered if a business could opt out of the testing. Ms. Heppner stated she did not know that it was possible and would not think that was correct because she would not want to do this. The Commission concurred that they should try to get a dry cleaning process in Andover and also that this be a conditional use permit and that the business would need to have new equipment. Commissioner Kirchoff thought they could use the wording "dry to dry machines ". Commissioner Walton thought if they specified the type of machine it may need to be amended at a later date for new technology. Mr. Bednarz showed a map with the different zoning areas where a dry cleaning processing store could go. Chairperson Daninger stated he was leaning toward GB for a location of this type of businesses. . Commissioner King stated if both Andover Station North and South were zoned GB, they would need to take a look at this because he would not want it on the south side. Commissioner Kirchoff wondered what the difference was between Shopping Center District and GB District. Mr. Bednarz stated they are pretty much the same as to what they allow. Commissioner Holthus asked for a definition of other cities zoning districts. Commissioner Walton wondered before they approve this, shouldn't they have a better definition of GB and Shopping Center Districts. Mr. Bednarz stated GB and Shopping Center Districts have been reviewed in both Districts and the Council has some issues with the definition of Shopping Centers. He indicated they will be having on- going discussions regarding the Districts definitions. Motion by Kirchof� seconded by Walton, to recommend to the City Council that dry cleaning processing should be made a conditional use in the City's commercial zoning districts using new or "dry to dry" technology as a minimum standard. The City will also require proper paper work from the business and will need to follow the requirements of the EPA. Commissioner King thought he would like to see something in the motion indicating the • City would like to see the proper paper work and to follow the requirements of the EPA. Regular Andover Planning and Zoning Commission Meeting Minutes — Janua? y 10, 2006 Page 6 Chairperson Daninger stated there was some concern with the definition of GB. He thought this should be reviewed for the future. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the January 17, 2006 City Council meeting. PUBLIC HEARING: REZONING (0540) TO CHANGE THE ZONING FROM SINGLE FAIKILYRURAL RESIDENTIAL (R -1) TO SINGLE FAMILY URBAN RESIDENTIAL (R -4) FOR PROPERTYLOCATED SOUTHEAST OF TSE INTERSECTION OFNIGIITINGALE STREET NWAND 157 LANE NW. Mr. Cross stated Shaw's Glen is a new proposed residential subdivision north of Grey Oaks on 157 Lane. The development sits on 8.5 acres that are currently zoned R -1. The applicant is asking that the land be rezoned to R-4 to accommodate the new subdivision. Mr. Cross discussed the staff report with the Commission. Commissioner King wondered if this will affect the water table of the development. Mr. Cross stated there is a drainage pond in the back of some of the homes which will divide the part of the backyards from the homes. He stated there will be required low maintenance landscaping on those areas. Commissioner King wondered if this could affect the surrounding properties. Mr. Cross stated it cannot affect or alter surrounding properties. Motion by King, seconded by Holthus, to open the public hearing at 8:00 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Mr. Craig Murphy, 2030 158" Avenue NW, stated he owns the lot next door and was not given a notice of this particular site. He stated he was concerned because maybe other residents have not received notification of this either and the number of homes in this development is a big impact to the area He was concerned about the traffic patterns on Nightingale, concerns about the integrity of the neighborhood. He was not sure what was being proposed. He thought this needed further review and that the neighbors needed to know what was going on. Mr. Murphy stated he was concerned with the R4 Zoning. He wondered if this would allow multiple homes to be built. Chairperson Daninger stated R-4 is single family housing in Andover. Mr. Murphy stated he was concerned with all three of these developments and the impact it would have on the area • Regular Andover Planning and Zoning Commission Meeting Minutes — Janumy 10, 2006 Page 7 • Motion by Casey, seconded by Holthus, to close the public hearing at 8:03 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Commissioner Kirchoff wondered if there was a sketch plan on this. Staff indicated there was. Motion by Kirchoff, seconded by Walton, 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 6 -ayes, 0- nays, 0- absent (Greenwald) vote. Mr. Cross stated that this item would be before the Council at the January 17, 2006 City Council meeting. PUBLIC HEARING: PRELDITVARYPLAT OF SHAW S GLEN, AN URBAN RESIDENTIAL DEVELOPMENT LOCATED SOUTHEAST OF THE INTERSECTION OF NIGHTINGALE STREET NWAND 15 7 TH LANE NW. Mr. Cross explained the Planning Commission is asked to review a preliminary plat for Shaw's Glen. The proposed 11 -lot urban residential project is located north of Grey Oaks on 157 Lane NW. Mr. Cross discussed the staff report with the Commission. Motion by King, seconded by Holthus, to open the public hearing at 8:00 p.m. Motion carried on a 6 -ayes, 0 -nays, l- absent (Greenwald) vote. The public hearing for this item was opened with the item before it Motion by Casey, seconded by Holthus, to close the public hearing at 8:03 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Chairperson Daninger wondered how long the property owner wanted to remain in the home. Ms. Megan Wald, Shade Tree Communities, stated they did not have any indication from the homeowner how long they planned on staying. Chairperson Daninger wondered if the homeowner knew the driveway was recommended to be moved. Ms. Wald did not know but they would make sure the homeowner would know and they would follow up on this. Mr. Bednarz stated they will be addressing the cul-de -sac issue with one of the other developments but not this one because the streets loop around to the cul-de -sac. • Regular Andover Planning and Zoning Commission Meeting Minutes —January 10, 2006 Page 8 Commissioner Walton wondered bow children and residents would get to the school and • other areas in the City. Mr. Bednarz stated specifically for 151 they will be including a sidewalk. Commissioner Walton wondered if they should look at a dissecting trail that connects to the heart of the development which would get people out of the traffic of Nightingale. Commissioner Walton explained how he thought Shaw's Glen could be split up to allow trails through the development. Mr. Bednarz showed on the map where the sidewalk and trails will go within the developments. Commissioner Kirchoff stated the three developments will be paying into intersection improvements at 157' and Nightingale. Mr. Cross indicated that was correct. Motion by Kirchoff, seconded by King, to recommend to the City Council approval of the Preliminary Plat of Shaw's Glen subject to the conditions of the attached resolution. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Mr. Cross stated that this item would be before the Council at the January 17, 2006 City Council meeting. PUBLIC LrEAR17V : REZONING (05 -09) TO CHANGE THE ZONING FROM • SINGLE FAMILYRURAL RESIDENTIAL (R -1) TO SINGLE FAMUY URBAN RESIDENTIAL (R-4) FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF NIGHTINGALE STREET NWAND 15 7 7ff LANE NW Mr. Bednarz stated the Planning Commission is asked to review the proposed rezoning to allow the Cardinal Ridge plat to move forward. Mr. Bednarz discussed the staff report with the Commission. The Commission concurred that times and conditions have change_ d such to warrant rezoning of the property. Motion by Kirchoff, seconded by Casey, to open the public hearing at 8:35 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Motion by Kircho$ seconded by Casey, to close the public hearing at 8:52 p.m. Motion carved on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Motion by Holthus, seconded by Walton, 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 6 -ayes, 0 -nays, 0- absent (Greenwald) vote. • Regular Andover Planning and Zoning Commission Meeting Minutes — January 10, 2006 Page 9 • PUBLIC HEARING: PRELIMINARYPLAT OF CARDINAL RIDGE, AN URBAN RESIDENTIAL DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF NIGHTINGALE STREET NWAND 157' LANE NW. Mr. Bednarz explained the Planning Commission is asked to review a preliminary plat for Cardinal Ridge. The Commission and Council previously reviewed a sketch plan for the proposed project. It is important to note that this project will be coordinated with the Shaws Glen and Woodland Crossings plats as they will all share access to 157 Lane NW. Mr. Bednarz discussed the staff report with the Commission. Commissioner Holthus wondered if they eliminated the curve on Linnet Street, what would the barriers be to extend Linnet Street. She thought they would have to take some land. Mr. Bednarz stated the City has a road easement where the road could be connected. The Council elected to not make that connection and to bring a second access out to Nightingale. He stated in order to preserve this and to have a proper intersection, they would need to bring it out at a ninety degree angle. Chairperson Daninger stated with a curve in the street, an intersection is undesirable in that location. • Commissioner King stated by preserving the right in the future, would this affect another development. Commissioner Walton wondered if there will be turn lanes off of Nightingale into the development. Mr. Bednarz stated there would be. Motion by Kirchoff, seconded by Casey, to open the public hearing at 8:35 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. The public hearing for this item was opened with the previous item. Ms. Chris Hoberg stated the speed. limit on Nightingale is 55 mph and she wondered with the developments coming in, would the speed be lowered. Mr. Bednarz explained a speed study would need to be done to evaluate the road in order to change the speed limit. Ms. Chris Hoberg stated she was concerned with the speeds on Nightingale. She also wondered if there was going to be a way to protect the residents of Grey Oaks so the traffic does not cut through that development. Mr. Bednarz indicated there is a lot of wetland in the area and he did not think that was going to be an issue. He showed a map of the area explaining where the wetlands are located. Regular Andover Planning and Zoning Commission Meeting Minutes —January 10, 2006 Page 10 Mr. Craig Murphy, 2030 158' Avenue, wondered if the surrounding area will be assessed • for road improvements. Mr. Bednarz stated if the area is proposed to be a road improvement, all of the area including the surrounding area will be assessed for the improvements. Mr. Murphy wondered what the covenants and restrictions will be on the homes. He also wondered how the sewer system will affect the residents already there with septic and well. Mr. Bednarz stated it would not affect them. Mr. Jerry Putnam., 1869 157 Lane NW, stated he owned property east of the plat He wondered how the improvements will affect them. He indicated he was also in favor of sidewalks in the development Mr. Bednarz stated the easement that exists for Linnet Street straddles the property line. The majority of the road will be developed on the center of the easement W. Tony Howard, 2119 15e Avenue, wondered when they reconstruct Nightingale, will it be widened to accommodate turn lanes. He stated the concern is the big expansive pond to the west side. He wondered if the pond drops off quickly and what the plantings will be. He was concerned with where the trail would go and the safety factor. He wondered if they would be at the edge of the easement and if the trail will be really close to Nightingale. Mr. Howard thought the speed limit on Nightingale should be lowered. He stated being • on the west side of Nightingale there is a safety concern for their children to cross Nightingale. He thought a trail should be constructed sooner than later. Mr. Scott Allen, 15873 Lynette Street, requested on behalf of his neighbors to not connect Lynette Street to Cardinal Ridge. He stated they will already be losing a lot of trees and if Lynette were to connect to Cardinal Ridge, they would lose a lot more trees. Mr. Winslow Holasek stated as he understood it, there will be turn lane improvements on Nightingale at 157' and 158' Mr. Bednarz stated there will be turn lanes for 157 but 158 will likely need to be a right -in, right -out Mr. Holasek stated if there are not going to be any improvements to the intersection of 156 it is fairly close to 157' and if in the future they need turn lanes onto 156' he did not know if they could install them because of the close proximity. Mr. Bednarz stated they will review all of the intersections when Nightingale is reconstructed. Chairperson Daninger stated he was concerned with the trail and he wanted to make sure the trees are placed correctly. Mr. Bednarz stated Nightingale used to be a County road and has a lot more easement than a City Street They have already been looking at how all of this will fit into the plans. Regular Andover Planning and Zoning Commission Meeting Minutes — January 10, 2006 Page 11 • Chairperson Daninger stated in a PUD they can make sure the standard is followed and since this is not a PUD, how can they make sure screening is done. Mr. Bednarz stated they have City standards for screening of double frontage lots that the development has to meet. Commissioner Walton stated regarding the curve, is there any negative side affect to making that a right angle even if a connection is not done instead of a curve. Mr. Bednarz stated it would affect the location of the right -of -way. He did not know if there was a negative from the City's standard. Charlie Christopherson, a representative for the developer, stated the homes will be typical to what is built in Woodland Estates and will be in excess of $300,000 and will fit in. He stated there is no negative affect to the developer to make the curve a right angle. He thought if a future road were to go in, they should make it a right angle instead of a curve now. He stated there is a right -of -way on Nightingale that is 120 feet so they have plenty of room for everything to go in. The Commission was comfortable with the pond and screening. Chairperson Daninger wondered if they should preserve the right -of -way for a future connection on Linnet Street The Commission thought they should preserve it • Chairperson Daninger wondered if they should eliminate the curve in the road and make it a right angle. Mr. Bednarz stated this does come with Council direction and that is why they have the design shown. Commissioner Walton stated he preferred the right angle to preserve the future connection of this road because he did not want to see what they now have on Crosstown and Nightingale. Commissioner Kirchoff thought they should allow the curve but did not have a strong opinion either way. Mr. Bednarz stated that this item would be before the Council at the January 17, 2006 City Council meeting. Motion by Kirchof� seconded by Casey, to close the public hearing at 8:52 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Motion by Kirchoff, seconded by King, to recommend to the City Council approval of the proposed plat subject to the conditions of the attached resolution. Commissioner Walton stated he would like to see the curve changed to a right angle to . preserve the connection in the future along with maintaining lots 1 and 2. Commissioner Holthus concurred Commissioner Casey indicated he would also vote against this. Regular Andover Planning and Zoning Commission Meeting Minutes —January 10, 2006 Page 12 • Motion carried on a 3 -ayes, 3 -nays (Casey, Holthus, Walton), 1- absent (Greenwald) vote. Chairperson Daninger stated he would prefer indicating a road would not go through and a curve was fine with him. Commissioner Walton stated they do not know what the future is going to hold so they do not know if in the future a road will go through or not He stated in the future the land may be sold for development and the road will probably go through. Chairperson Daninger did not think the area will be zoned R-4 in the future. Mr. Bednarz stated the minutes will reflect the Commisioner's position on Linnet Street and did not think a subsequent 4-2 vote would carry any more weight. Commissioner Walton was comfortable with the motion as is going to the Council and they agreed on everything except the curve in the road. Mr. Bednarz stated that this item would be before the Council at the January 17, 2006 City Council meeting. PUBLIC HEARING: REZONING (05-08) TO CHANGE TEE ZOMNG FROM SINGLE FAMTLYRURAL RESIDENTIAL (R -1) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPER TYLOCATED AT 1781157' LANE NW. Mr. Bednarz explained the Planning Commission is asked to review the proposed • rezoning to allow the Woodland Crossings plat to move forward. Mr. Bednarz discussed the staff report with the Commission_ The Commission concurred that times and conditions have changed such to warrant rezoning of the property. Motion by Kircho$ seconded by Casey, to open the public hearing at 9:35 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Motion by Kirchoff, seconded by Casey, to close the public hearing at 9:42 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. PUBLICHEAREVG: PRELIMEVARYPLATANDPLANNED UNIT DEVELOPMENT REVIEW OF WOODLAND CROSSINGS, AN URBAN RESIDENTIAL DEVELOPMENT LOCATED AT 1781157 LANE NW. Mr. Bednarz stated the Planning Commission is asked to review a Preliminary Plat with Planned Unit Development (P.U.D.) review for Woodland Crossings. The Commission and Council previously reviewed a sketch plan for the proposed project It is important to • Regular Andover Planning and Zoning Commission Meeting Minutes —January 10, 2006 Page 13 • note that this project will be coordinated with the Shaws Glen and Cardinal Ridge plats as they will all share access to 157 Lane NW. Mr. Bednarz discussed the staff report with the Commission. Motion by Casey, seconded by Kirchofl to open the public hearing at 9:34 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Chairperson Daninger stated in the landscape plan, they list shrubbery. How do they know that actually gets put in and what does not Mr. Bednarz stated as part of the development contract, the City will hold dollars to make sure that it all gets done and then the City will inspect the development to make sure the correct plantings are put in. He stated they check species and size. Chairperson Daninger stated with a PUD, they usually see colors and what will be built. He stated they did not see much in the staff report and he wondered if staff was satisfied Mr. Bednarz indicated the product would be similar to the Townhomes of Woodland Creek except that the units would not be attached The applicant could provide additional detail if necessary. . Chairperson Daninger asked what are the advantages and disadvantages to the lot on Hanson Boulevard. Mr. Bednarz stated from the star s perspective they have a letter from the County indicating they will not grant access so that is why staff is recommending the lot not be created Chairperson Daninger stated the property that is not developing will not have a street going through it in the short term so it will be stubbed to sewer. He wanted to make sure this plat is not affecting that property or landlocking it Mr. Bednarz stated the properties surrounding this property do affect it but the improvements will be designed so that they may be utilized by these properties in the future. Commissioner King wondered if the two properties that are not developing be assessed for all the improvements in the area. Mr. Bednarz stated there will be a public hearing and the Council will decide or not whether to go ahead with the project and then the costs will be determined and the affected homes will be assessed either now or in the future. Motion by Casey, seconded by Kirchofl, to open the public hearing at 9:34 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Mr. Winslow Holasek stated it was mentioned they wanted to put a trail from the cul -de- sac to Hanson. He wondered if the trail would be interior or regional. Mr. Bednarz stated this is a local trail. • Regular Andover Planning and Zoning Commission Meeting Minutes — January 10, 2006 Page 14 Mr. Holasek wondered if there were any other connections to the north or south from • 157 from this development. Mr. Bednarz stated there are not Mr. Holasek stated there is only one way in and out of this development and he thought there should be another way in and out Mr. Bednarz stated there are two ways to access every other part of the development and there are two ways in every other parts of the development except the one discussed in the staff report. Mr. Jerry Putnam, 1869157' Lane NW, wondered how he could get a copy of the plans because he is in the middle of the developments. He stated a concern he has with this development is the fairly steep grade runnin north and south. The lowest parcels of land occur on the property line between his property and the development and he wondered how this would impact his property. He hoped the drainage will be discussed. Chairperson Daninger stated drainage cannot affect the surrounding properties. Mr. Bednarz stated final design of the street has not been done yet Motion by Casey, seconded by Holthus, to close the public hearing at 9:42 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Motion by Chairperson Daninger, seconded by Commissioner Casey to recess at 9:45 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. The Commission reconvened at 9:50 p.m. • Mr. Byron Westlund, Woodland Development, stated in regards to the staff comment, there are three issues. They have had some comment with Anoka County and are concerned with runnin the trail. They are willing to stub this in. He stated the 10.99 acres is not an outlot and they plan on using it for wetland mitigation and fill in for the Rural Reserve. He stated the County will allow a temporary access for mining purposes. Upon completion they would work with the City to extend the trail to Hanson Boulevard and deeding whatever property is left to the DNR so they would like to maintain this as a lot and block. Mr. Westlund stated they would like to have this development as a PUD because they believed it has met all of the criteria. He stated they have reviewed the drainage and it has been addressed specifically. Chairperson Dannnger indicated he did not have a problem with the developer keeping it as a lot but there would not be any access. Commissioner Walton thought they should leave the property as a lot for the developer to use for the Rural Reserve. Commissioner Walton wondered if they were willing to develop a park ahead of time. Mr. Westlund indicated they would be willing to develop a park and they asked the other developments if they would like to participate but they would like to have a park go in as part of the development. Regular Andover Planning and Zoning Commission Meeting Minutes — January 10, 2006 Page 15 • Commissioner Kirchoff wondered if there was a way for the trail to get developed earlier than at the time the Rural Reserve is finished, even a temporary trail. Mr. Westlund stated that he would be willing to construct the trail with the development if the City extended its trail along Hanson Boulevard up to meet it at the same time. Chairperson Daninger stated he was also concerned with the Public Works concerns about the smaller roads. Mr. Westlund stated the issue they have is the wetlands and the number of wetlands under the DNB's jurisdiction. They are at the max that they can possibly do to meet the 28 foot width as discussed. They think it will work and has been done elsewhere in the City without any problems. Commissioner Kirchoff wondered if the radius of the cul-de -sac's large enough to get full equipment in there. Mr. Westlund indicated they are designed as full cul -de -sacs. Commissioner Holthus wondered what happens to the lot that is to be mined after they are finished with it Mr. Wesdund explained the process they go through with wetland mitigation and the DNR Commissioner Walton stated his one concern about the development is the host of bottlenecks and no relief for it • Chairperson Daninger inquired about the proposed trees to be placed in the park by the Park Commission. Mr. Bednarz indicated this would be added to the resolution. Mr. Westlund stated instead of wasting existing trees, they would move them to provide screening between the parkland and the development and also along the parkway. Chairperson Daninger stated the trail is being looked at by the applicant and the City and if it works, they are ok with it Mr. Westlund indicated that was correct. Commissioner Walton stated given the previous history and design the developer has brought forward he did not have a problem with the PUD. The Commission agreed. Motion by King, seconded by Walton, to recommend to the City Council approval of the rezo based on the fact that times and conditions have changed. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the January 17, 2006 City Council meeting. The public hearing was opened for this item along with the previous item. Motion by Casey, seconded by Holthus, to close the public hearing at 9:42 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Regular Andover Planning and Zoning Commission Meeting Minutes — January 10, 2006 Page 16 Motion by Kirchoff, seconded by Casey, to recommend to the City Council approval of • the preliminary plat PUD for Woodland Crossings as discussed including extending the regional trail at the same time the developer will install the trail and also include the trees from the conceptual park layout and that the 10.99 acre lot will be included as a lot, block in the development Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the January 17, 2006 City Council meeting. OTSER BUSINESS Mr. Bednarz updated the Planning Commission on related items. Motion by Walton, seconded by Casey, to adjourn the meeting at 10:18 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Respectfully Submitted, • Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. I • 0 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissi ners FROM: Courtney Bednarz, City Planne- SUBJECT: PUBLIC HEARING: Lot Split (06 -02) to create two commercial lots from property located at 3480 Bunker Lake Boulevard NW. DATE: January 24, 2006 INTRODUCTION The proposed lot split would create an additional commercial lot in the Neighborhood Business Zoning District. DISCUSSION Although the property was bisected by Rose Street when this street was constructed, the parcel remains recorded at Anoka County as one property with a single parcel identification number. As a result, a lot split needs to be approved by the City and recorded with Anoka County to allow the property to be split. .__�s_..u_ r►_ac_....,...� <.Ulu a11.7u" LV C Fpx. YRRIlY Dimension VlYl4MYVw NB Requirement Parcel A Parcel B Lot Width 150 feet 108.42 142.54 Lot Depth 150 feet 270.81 feet 220.7 feet (avg) Lot Area 22,500 square feet 29,242 square feet 32,510 square feet 'Variance Needed Please note that for corner lots, the shortest side adjacent to a public street is considered the front yard. As a result the proposed lot split will require a variance to lot width for both properties. The finding offered for the Planning Commission to consider is the fact that Anoka County bisected the property with Rose Street and significantly affected the development potential of the property. If Rose Street had not been constructed, both proposed properties would be able to meet the lot width requirement. Anoka County Highway Department review The Anoka County Highway Department has indicated that sufficient right -of -way exists for Bunker Lake Boulevard. Access to both of the sites will be from a local street. Sewer and Water A six inch sewer service exists at the south end of the property. A water line runs just north of the property. Both utilities can be extended to serve the property. Easements • Standard ten foot wide drainage and utility easements will be required to be established around the perimeter of the new property. It should be noted that a driveway easement exists on the south end of Parcel A as shown on the attached survey. i Park Dedication Park dedication will be required for the new lot as provided in City Code 11 -3 -7. For • commercial property the park dedication rate is ten percent of the market value of the property. This will apply only to Parcel B. Trail Fee The City Council adopted Resolution 270 -99 making developers responsible for 100% of the cost of trails adjacent to their property as proposed in the Comprehensive Plan. Trails presently exist on the north side of both Parcel A and B. As a result no trail fee will be required for the proposed lot split. Existing Structures The existing office building on Parcel A is 20.8 feet from the Rose Street right -of -way. The typical side yard setback from a property line adjacent to a street is 30 feet in the Neighborhood Business Zoning District. This situation can be addressed in two ways. 1. A variance could be granted for the side yard setback. This would allow the building to be reconstructed in the same location in the future in the event it was destroyed or damaged beyond 50% of its value. 2. No variance could be granted and in the event it was destroyed or damaged beyond 50% of its value it would be required to be reconstructed to meet the 30 foot side yard setback. Staff recommends that a variance be granted for the existing structure to preserve the building envelope as it presently exists. The suggested finding for the variance is essentially the same as for the lot width variance. Anoka County bisected the property (after the building was constructed) and created this situation. Staff Recommendation Staff recommends approval of the lot split with variances to lot width and side yard setback for the existing structure subject to the conditions of the attached resolution. ACTION REQUIRED The Planning Commission is asked to recommend approval or denial of the proposed lot split subject to the conditions of the attached resolution. Attachments Resolution Location Map Property Survey 41 ar tted, Cc: Joy Boehland 17217 Germanium St NW Ramsey, MN 55303 • • 9 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RESOLUTION APPROVING A LOT SPLIT FOR PROPERTY LOCATED AT 3480 BUNKER LAKE BOULEVARD NW LEGALLY DESCRIBED AS FOLLOWS: The West 300 feet of that part of the Northwest Quarter of the Southwest Quarter of Section 32, Township 32, Range 24, lying East of the West 733.02 feet thereof and lying North of the North line of 136 Lane NW and its Easterly extension as now laid out and platted in the plats of Chapman's Second and Third Additions, Anoka County, Minnesota WHEREAS the applicant has requested approval of a lot split to subdivide property pursuant to City Code 13 -1; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request substantially meets the criteria of City Code 13 -1; and WHEREAS, the applicant has requested a variance to the minimum lot width and side yard setback from property lines adjacent to a street requirements of the Neighborhood Business Zoning District; and WHEREAS the Planning Commission finds that Anoka County bisected the property after the existing structure was constructed with the construction of Rose Street. Without this street the property would be able to be subdivided and meet the minimum lot width and side yard setback requirements of the Neighborhood Business Zoning District; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split with variances to minimum lot width and side yard setback requirements; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. The lot split shall conform to the survey dated December 15, 2005. 2. A variance to the minim lot width requirement is hereby approved for both Parcel A and Parcel B. 3. A variance to the side yard setback from property lines adjacent to a street is hereby approved for the existing structure on Parcel A. 4. The applicant shall pay park dedication as required by City Code 11 -3 -7 prior to release of the lot split for recording with Anoka County. 5. That the lot split be subject to a sunset clause as defined in City Code 13 -1. Adopted by the City Council of the City of Andover on this day of , 2006. CITY OF ANDOVER ATTEST: Mike Gamache, Mayor Victoria Volk, City Clerk 1 Lot Split 3480 Bunker Lake Boulevard Q • I�W�ilEli�il L ^ � i { Y fJ IL IL U10 eo�� �O�OOQ o00a9�04 � NEWS ms L rtes EEC V © ®�® �t�* IVA �illls • a E • NN / W E C DOVE Project Location Map Layout Name: LOCATION MAP LAYOUT Projed Location: H:\ GISDATA \PLANNING\PRO]ECTS\NEWCASESAPR Date Printed: 01/1812006 - 10:16:47 AM I BUNKER LAKE BLVD f � 0 3II�63$9 � EJ e V e a d t 1? ! t z II I t I ' . o e: m u I � 1 y I y I 4 1 p 6 pl 0 1 , rc I i I 1 d 4 {t I 1 , '• 7 I I I I S it I' q F d d b i [FF d ; Alt 0 �_ 4 a � % d 5 `p' ! 1 jXIF�Xifl98a g #� !Hi ja €pi 6i iia €iF i �� J ( gi °.• �8F l ��� ir3! 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Camnrtmnt mmy.e,ed. - AW Tap Nut Nya of near NO cane of eobFat M barft Dea 2 haf - insf' o Zone- MAUI Neiy16ahooe Buanaa, O - Me udrgrourd uhNiss shown hoes ban Mcnief ham Mod Meal information and uetn9 dmrn, are horn fled makknga ,married by �2J91f. Me sannoor N 9uwvnto, Met Mdagound u Mttbe Mo. eanwlae ON ,adt WAINr an his an, Nmr n ,rwae r akaroRmM, dMw91, he bone —day that May re lasted m aoolmtel, we poaMDla ham afamatfan aseNNle - valance aiA be reguknd /r Proposed Let. Me hodowng wroaaos ON be arvmy for Me Prq>oeW Lot Wt.- e SaMaG d'atnce hom Me cavity Nyhway is W bet e'w,ack distance horn Me G'ty Sfreot i, ID Mt • daho un Let width is ]50 ban NOm. It is rba,9ly —boo Mat a Mir Masson bs Po swoo and Me saw, upeated ocainaMs, ORIGINAL OESCRIPTION PRIOR TO RIGHT —OF —WAY TAKING Tare Mat .aa feet e/ that pat Mf Me Naasow, aarfr of Me So,iMsest Quarter of SwUse J2 lioness, M. Raga 24, Ilb9 East of Me M'. 7XL02 had Mereal and IAng North of the NrcM Ise Of IMM Lon. NW head its Emilon, oxharnian My nor laid but and platted n the plats of OIAPMANT SECoIO ANO NNNN) sWeAMZ Anoka Cnnf, Mnnowfa PROPOSED DESCRIPTION PARCEL A Me West .RNI het of Met pat of Me NorMeesf Q of Me SwMeost Qlortn of Section J3. I asp JZ Range 24. lystg East of Me 11ecf MW Mt th.f area IlM>9 North of the North Mte of 176th Lane NW and Ih fooled, eetmsin as w lea art and pfathe he the Pate of I>IAPNAN5 SIFID ANO NANO AoNNLWS Make Cavity, Manesoto and lyng SwM of Parce 11 and Mbat of ParcYs 24A and 21d MN A CIXINTY IAbIWAY MI F -OF -WAY PLAT Na 47. PROPOSED DESCRIPTION PARCEL B � sT St /e can✓ of r - Soda -owl -Rte son cow," Cent Yes Iloewnmt � t l / MIDWEST - — — — Lend Surveyors & GYvil Engineers, Inc. >la feel M W p M lle read Ieo �- >If -M!e tN M of- se 4ee -arse xe ear, Me M-.50 O `•• .. — ,nn7en k On's [adeew Is - se Mee. �we Me Ne I Joo reel of that part of Me Northwest Qatar of the SaatAenf Ouanor a SactM 32, Teweaep JZ R.I. 24, 1*9 Can of the Meat 7M.02 Met th✓ml and lying North 0 the Norm Inc of IJSM Lane NW and its Ent My eatnsaM as now last wt nd pbltM M the plats of MA MS SECOND ANO IFNRD AOONONS Ano4o Count, Minnesota and INng soothwly, cwMeaetml, and eastany of Paeea 11, 24A and 218, MMA C"TY MLNT -CF -WAY PLAT NO 41. Sobfint to o Dradoge and UfNly Easement onx. near and Dross the best 1aW fost and Me was h, 1DW host and Me west haw feet am, the northeast" and nrth✓ly taW r t of seat debnbbe prodesi t I hereby a✓tUy that this Mm par a h off was amred by me r veer my a at supaviion and that 1 am o N/ly regsterM Loa 5urnp' near the levee of the State of Mnneeoa. Make L Mwrd - Mnnesofo Lkensed Lae Surwp- Reg. Na 19421 Uate 12 -15 -0 at M LEGEND 10 C ® p a ()u Dnelos catch Bosn m Onetos Smifry Sewer Mnhde —g- a"otn Snlfny Sere AO =.. , Onetu Cnwte Surbcv Dallas Sign 2 R EdsNR9 oa n✓w ® arnitos Stcwm Serer MaMee 97f IMnofwe I Feet Cnt It Brick Bu! C M 970 Denab, t0 Foot Cnfow nlasd —I,- a wates Storm Serve � -.0 D.,of.. Teepnm. Bor taro - . p anal., Electric Bea « i ,ramr •— D.,ome wermem 'u OWates re it'"t u.l M Onotea Wbt✓ Mw pus ii e. Ces veto s . I Donato, Sin". Famay Mbar Zanng e Denotes Light Pole y ,not. Nall boMood Been. Znn9 Omote, Porn Pole O N NOTES - Me oantufian of this bearing "Non . boats ups Me Moka County fmJnvne 5y,tan. (X,10 W) - mi. so—, was arboaad without Me benefit of 0 Me, Canmitmnl. MrNaa Mrs moy Of may not be saosmanter that Mi IMOM M✓ Me predated, that a ref. Camnrtmnt mmy.e,ed. - AW Tap Nut Nya of near NO cane of eobFat M barft Dea 2 haf - insf' o Zone- MAUI Neiy16ahooe Buanaa, O - Me udrgrourd uhNiss shown hoes ban Mcnief ham Mod Meal information and uetn9 dmrn, are horn fled makknga ,married by �2J91f. Me sannoor N 9uwvnto, Met Mdagound u Mttbe Mo. eanwlae ON ,adt WAINr an his an, Nmr n ,rwae r akaroRmM, dMw91, he bone —day that May re lasted m aoolmtel, we poaMDla ham afamatfan aseNNle - valance aiA be reguknd /r Proposed Let. Me hodowng wroaaos ON be arvmy for Me Prq>oeW Lot Wt.- e SaMaG d'atnce hom Me cavity Nyhway is W bet e'w,ack distance horn Me G'ty Sfreot i, ID Mt • daho un Let width is ]50 ban NOm. It is rba,9ly —boo Mat a Mir Masson bs Po swoo and Me saw, upeated ocainaMs, ORIGINAL OESCRIPTION PRIOR TO RIGHT —OF —WAY TAKING Tare Mat .aa feet e/ that pat Mf Me Naasow, aarfr of Me So,iMsest Quarter of SwUse J2 lioness, M. Raga 24, Ilb9 East of Me M'. 7XL02 had Mereal and IAng North of the NrcM Ise Of IMM Lon. NW head its Emilon, oxharnian My nor laid but and platted n the plats of OIAPMANT SECoIO ANO NNNN) sWeAMZ Anoka Cnnf, Mnnowfa PROPOSED DESCRIPTION PARCEL A Me West .RNI het of Met pat of Me NorMeesf Q of Me SwMeost Qlortn of Section J3. I asp JZ Range 24. lystg East of Me 11ecf MW Mt th.f area IlM>9 North of the North Mte of 176th Lane NW and Ih fooled, eetmsin as w lea art and pfathe he the Pate of I>IAPNAN5 SIFID ANO NANO AoNNLWS Make Cavity, Manesoto and lyng SwM of Parce 11 and Mbat of ParcYs 24A and 21d MN A CIXINTY IAbIWAY MI F -OF -WAY PLAT Na 47. PROPOSED DESCRIPTION PARCEL B � sT St /e can✓ of r - Soda -owl -Rte son cow," Cent Yes Iloewnmt � t l / MIDWEST - — — — Lend Surveyors & GYvil Engineers, Inc. >la feel M W p M lle read Ieo �- >If -M!e tN M of- se 4ee -arse xe ear, Me M-.50 O `•• .. — ,nn7en k On's [adeew Is - se Mee. �we Me Ne I Joo reel of that part of Me Northwest Qatar of the SaatAenf Ouanor a SactM 32, Teweaep JZ R.I. 24, 1*9 Can of the Meat 7M.02 Met th✓ml and lying North 0 the Norm Inc of IJSM Lane NW and its Ent My eatnsaM as now last wt nd pbltM M the plats of MA MS SECOND ANO IFNRD AOONONS Ano4o Count, Minnesota and INng soothwly, cwMeaetml, and eastany of Paeea 11, 24A and 218, MMA C"TY MLNT -CF -WAY PLAT NO 41. Sobfint to o Dradoge and UfNly Easement onx. near and Dross the best 1aW fost and Me was h, 1DW host and Me west haw feet am, the northeast" and nrth✓ly taW r t of seat debnbbe prodesi t I hereby a✓tUy that this Mm par a h off was amred by me r veer my a at supaviion and that 1 am o N/ly regsterM Loa 5urnp' near the levee of the State of Mnneeoa. Make L Mwrd - Mnnesofo Lkensed Lae Surwp- Reg. Na 19421 Uate 12 -15 -0 r C II T [ Y� O F 11 D V VE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER. MN. US TO: Planning and Zoning Commissi ners FROM: Courtney Bednarz, City Planne SUBJECT: PUBLIC HEARING: .City Code Amendment to amend City Code 12 -13 Permitted, Conditional and Prohibited Uses Enumerated to consider new and used auto sales in the Industrial Zoning District. DATE: January 24, 2006 INTRODUCTION The applicant is requesting that the City Code be amended to permit both new and used vehicle sales in the Industrial Zoning District. DISCUSSION Presently the City Code allows new vehicle sales as a permitted use in the General Business Zoning District and used vehicle sales as a conditional use in the General Business Zoning District. No other districts presently allow vehicle sales. It should be noted that there are two areas of the City zoned Industrial. One is at the northeast corner of 161 Avenue and Round • Lake Boulevard and the other is at the southwest corner of Bunker Lake and Hanson Boulevards. The applicant has provided a letter (attached) to summarize his position on why new and used vehicle sales should be allowed in the Industrial Zoning District. The applicant will also be present at the meeting to address the Commission. Previous Proposal The applicant proposed a similar amendment in 2001. At that time the Council elected not to amend the City Code. The minutes from the meeting are attached. Staff Recommendation Staff recommends that if new or used vehicle sales are to be allowed that a conditional use permit be required. In this manner each proposal can be reviewed and appropriate conditions can be attached to minimize potential adverse impacts. ACTION REQUESTED The Commission is asked to consider the information provided by the applicant and to make a recommendation to the City Council. Attachments Applicant's letter Comparison of Other Cities • Mi es o revious Proposal miffed, 0 Cc: Joe Brabant 16 1 Gladiola Lane NW 9 • 1 •' t DATE: December 29, 2005 TO: The City of Andover, Community Development Director FROM: Joseph Brabant SUBJECT: Proposed use change After reviewing the current city ordinances I find that virtually all retail businesses are allowed as a permitted or conditional use in both General Business and Industrial districts. A less desirable manufacturing business is allowed, again, in both General Business and Industrial districts. Outdoor display storage and sales lots are also allowed as a conditional use in both General Business and Industrial zones. By not permitting vehicle sales I feel the ordinances have put an unreasonable restriction on a business that will have little, if any, negative impact in an Industrial zone and would bring additional commerce to an area that is virtually dying. In the P gMns of Each District section of the city code it states industrial districts allow service industries and should not allow any process which creates offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences ". The proposed change meets all of these requirements. I believe the zoning code was written with the fear that "junkyards may develop, but current city code prevents this from occurring. A vehicle sales business is no different than outdoor display storage or sales lots. In my opinion my business will have better curb appeal than most of the existing businesses in the industrial zones. The Hughes Industrial Park was recently designated as a TIF district to encourage investment and to refurbish a blighted area. I am currently investing thousands of dollars in clean -up and remodeling to take a previously run -down property and turn it into a viable business the community will be proud of, with no tax dollars used from the 'TIF funds. Thank you for reviewing my proposal. i u N N fo m N U L > N d U L d i O O C O U) fo Q E 0 U a 3 0 N a ` C O C w a O m—L .- U c m a) d c ui N E .. O '° i ++ v u vi Z N ++ Y Y 7 C p E d m d C C U y d d • U a m E 0 m m •� d U c w a ' n> v c y m C C � V a C a p M w + C > p m m d C -p o3 0 >+ U M C 7 O m j y 'a 2 N V N V d .. cu T L C> M L 0 O 0 y C L C m O ° - 0 d L d L =" N _ C c L o c E a a) 0 0 co d O c 0 —_ 0 3 Z JU > f/1 D( m E2 m Ol (�d CD EJ� NMrN CO °c' d ONN Nc'Om m • OZ C%3 mmm m N z O m co m m m U N m W Z m V w C N d m 7 U y N 7 d M N Q 7 d d C > N O L C 7 O "a d L Zn 7 d 7 O N d O O O N 7 d= 'O p 0 CO U d C O N O � U C ' ca r C d d O N -p '(n 0 C E 'O U N j U p_ U C d C O 0 O to d d p- w U C O I , (A 0 ' O W U to O L , O .. d L a d 0 7 d d d 1 N O O O O _d M V N M U cn d d d N U .y N l6 C C= 7 d O Co 'p p 0 M L d d N f.7 N (6 V N L d N y .L... C 'D d 'p L O C U U , }. ,� U d U > L L C ': d d U > C d N L O •' ' U 'C , d Ul > d > 7 3 L, E 3 d U m •• d C m in , M L d >> a O o d> , Z 3 N rnd i d ,n co Ci U t 0 m . W C O �a c c m 7 d rn c N E m d d � 'w v d m v 2 a V c d ` E m p c d c m d ur E > C 0 m cn 010 N O U O , d a U O d C Q d U > S M Q m «•= U C I p L �m M E `�—° m CO J m � — m 0 0 M c U — U Y co co a p CL Q m O O 9) U LL m Regular City Council Meeting , December 4, 2001 — Minutes Page 5 COMMERCIAL DEVELOPMENT REQUEST/ZONING ORDINANCE AMENDMENTIJOE BRABANT City Planner Courtney Bednarz explained that Mr. Brabant is interested in leasing space in Westview Industrial Park for the purpose of selling a limited number of used cars. The property is zoned Industrial which does not allow used auto sales. They are allowed in the General Business districts by Special Use. Joe Brabant noted that at the present time most of his business is done using other people's dealer licenses and he would like to obtain his own as he is in partnership with 4 other people in Ramsey and he doesn't share their philosophy. In order to obtain a dealer license he needs to have an area with space for 5 vehicles, insurance and an office. The consensus of the council was not to allow this use in an Industrial district. Motion by Jacobson, seconded by Trude to move to not allow this use. Discussion: Mayor Gamache asked why a car lot is not allowed in an Industrial District. Mr. Bednarz explained that communities like to keep that use in a commercial district. Vote on Motion: Carried unanimously. FINAL PLAT/PRAIRIE ACRES Motion by bson, seconded by Trude to table this item until more information is received from the eloper noting that the developer has submitted a letter requesting more time. Motion caned unanim ously. REVIEW DEVELOPMENT P OSAL FOR 14220 CROSSTOWN BLVD. NW/DAVE HARRIS Mr. Bednarz explained that the site in question n Crosstown Boulevard , currently owned by Rademacher Companies and holds a Specs Use Permit for a service station and related retail development. Dave Harris is interested ursuing a townhome development on this site. Dave Harris, Creekside Homes noted that they are presently constructing 8 unit townhome development on 138` and Crosstown. The city placed a moraton on townhome development after he had negotiated a purchase agreement with Mr. Rademacher for the property on 14r and Crosstown. The property is 4 acres i he is proposing 38 -39 units to make it economically feasible. • 5 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW. CLAN DOVER. MN. US TO: Planning and Zoning Commissioners FROM: Andy Cross, Associate Planner 06 SUBJECT: PUBLIC HEARING: Preliminary Plat of a single- family residential development to be known as Kensington Estates 7 Addition. DATE: January 24, 2006 INTRODUCTION The Planning Commission is asked to review a preliminary plat for Kensington Estates 7rh Addition. This proposed 12 -unit subdivision sits on 6.4 acres adjacent to the WDE landfill. The site is unique in its shape and also by the fact that there is a 200 -foot no -build buffer around the adjacent landfill that significantly reduces the usable amount of land for this development. DISCUSSION • Conformance with Local Plans 1. The property is located in the Metropolitan Urban Service Area (MUSA) and sewer and water are available to the property. 2. The property is currently zoned R -4 Single Family Urban. No rezoning will be required for this project. Access and Street Improvements Less than half a mile of new road will be constructed for this development. 142 °a Lane and 142 °a Avenue will be extended to the east and connected with Osage Street, which will end in a cul -de- sac to the south. The streets meet the City's minim urban street requirements (33 feet wide within a 60 foot wide right -of -way), which will allow parking on both sides of the street. The new street will be constructed within the 200 -foot no -build buffer surrounding the landfill site. The Minnesota Pollution Control agency (MPCA) has reviewed this proposal and approved the location of the street within the buffer. A letter from Jean Hanson at the MPCA confirms that they will need to review the placement of gas monitoring probes in the development, but all other issues met with their approval (see attachments). Please be aware that the letter is from the original 17 -unit proposal for Kensington Estates 7 Addition that was mislabeled as the 6 t ' Addition. Utility Easements • The no -build buffer surrounding the nearby landfill prohibits digging deep into the ground and placing the utilities underneath the street. To accommodate this, the developers have placed the utilities in an easement that runs between several of the lots and ends in the cul -de -sac. The • Public Works department has reviewed and approved this design. Lot 3, Block 1 is over 1.5 acres in size. While the northern part of this lot is buildable, the majority of it is within a drainage and utility easement along the eastern side of the development. This open area is within the no -build buffer area, so no additional houses can be placed on it. To avoid creating an outlot, staff recommended the land be added to Lot 3 and placed in an easement to restrict its use. Trails The City Engineer is recommending that a trail be constructed through Lot 3, Block 1 and the existing park north of the development (see attached map). The developer of Kensington Estates 7 Addition will be responsible for the construction and funding of a trail through the portion of property that is being platted. In addition, the developers will be responsible for providing a separate trail easement document that describes the easement shown on the preliminary plat east of Lot 3, Block 1. The proposed trail will provide residents with a direct route to the existing trail along Crosstown Boulevard, as well as a more convenient path to the schools and parks around City Hall. The trail along The Oaks park would be constructed by the City. The project must be approved by the City Council. Lots All 12 of the lots meet or exceed the minimum lot size for the R -4 zoning district. A variance is requested for lot width at the front yard setback for Lot 2, Block 1. This lot has a width of 72 • feet at the setback, eight feet short of the required 80. The variance has the support of staff based on the finding that the site has limitations created by the no -build buffer around the landfill. Tree Preservation A Tree Preservation Plan is a required element of the preliminary plat submission. The Natural Resources Technician has reviewed and is recommending approval of the plan. As a point of interest, there is a valuable stand of oak, ash, and cherry trees in the area. Coordination with other Agencies The developer and/or owner is responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District, Minnesota Pollution Control Agency, LGU, 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 all other applicable ordinances, including; • 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 ACTION REQUESTED The Planning Commission is asked to recommend approval of the Preliminary Plat of Kensington Estates 7` Addition subject to the conditions of the attached resolution. Respectfully submitted, Andy Cross Attachments Resolution Location Map Preliminary Plat Letter from MPCA Park & Trail Illustration Cc: Jeff Wheeler, Kensington Inc., 15670 Raven St NW, Andover, MN 55304 u 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R -06 A RESOLUTION APPROVING THE PRELMNARY PLAT OF "KENSINGTON ESTATES 7" ADDITION" FOR KENSINGTON INC. ON PROPERTY LOCATED IN SECTION 27, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS: Outlot B, Kensington Estates 4 Addition, Anoka County, Minnesota. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; • WHEREAS, the applicant has petitioned to vary from City Code 12 -3 -4 to allow Lot 2, Block 1 to have a width of 72 feet at the front setback, and; WHEREAS, the Planning Commission recommends approval of the variance based on the is finding that the 200 -foot no -build buffer surrounding the WDE landfill imposes significant restrictions on this piece of property, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the preliminary plat subject to the following conditions: 1. The Preliminary Plat shall address all comments from the Engineering department and Community Development prior to City Council approval. 2. The developer shall pay a Park Dedication Fee of $29,100 and a Trail Fee of $7,080. 3. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 4. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 5. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 6. 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 all of the subdivision improvements will be completed. 7. A variance to City Code 12 -3 -4 to allow Lot 2, Block 1 to have a width of 72 feet at the front yard setback is hereby approved. • • 8. A separate trail easement shall be required as identified on Sheet 1 of 6 east of Lot 3, Block 1 on the preliminary plat, which must be submitted as part of the final plat. Adopted by the City Council of the City of Andover this day of , 2006. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor • • ----- ---------11 I I I I I I I . I I I . . ~ I I' ~ I _ _ ~I ,""-a'" g. \. ..' " -. <( It) U) 0 o _ = - 8~"cu !!j ,.. 0 ~.. .. !!1m ~ CD i~-5U o ~ c ~ ~ - ~ 0 ffi ~l~ l o;:;~~f (!) :;, r>: ~~ oEh~1::.gQ :g S s ;,;8 w~= -i~a."tl~~ lleGc"" ...J C[ .. .c Q e~ a..:t:n. 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Andover, MN 55304 _ RE: Kennsington Estates 6 Addition Sketch Plan Comments Dear Mr. Berkowitz: This letter is in response to your request for the MPCA site team engineer, Peter Tiffany, to review information provided during a meeting at the Andover City Hall in early February. The MPCA is to review development proposals as required under the Quit Claim Deed between the City of Andover and the Andover Economic Development Authority which is dated August 16, 1999, when it maybe impacted by the WDE Landfill. Peter did provide you with an email response to your letter, on March 16, 2005 (copy enclosed), so this topic could be addressed at a City Council meeting. This letter will serve as your documentation of MPCA staff s determination. The Kennsington Estates 6` Addition Sketch Plan (Plan) indicates 17 lots will be developed for single family housing and these lots are beyond the 200 -foot no -build area associated with the WDE Landfill property. However, all the lots appear to be closer than 500 feet, requiring gas monitoring probes and methane detectors to be installed in accordance with the City of Andover Ordinance 19P. The MPCA will require that the ordinance be followed, though certain dwelling units may be able to share a single gas probe. Details of how the gas probes will be laid out and installed will need to be worked out once the development layout is finalized and approved by the City of Andover. Please send the finalized approved Plans, when available to my attention, for MPCA staff review so that the gas probes placement can determined. Let me know if you have questions. I can be reached at 651- 269 -7390. Sincerely, Je Hanson, Project Leader Cl sed Landfill Program Remediation Division JH:ais Enclosure cc: Andrew Tourville, AGO 0 E 520 Lafayette Rd. N.; Saint Paul, MN 55155 -4194; (651) 296 -6300 (Voice); (651) 282 -5332 (TTY); www.pca.state.mmus St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar Equal Opportunity Employer • Printed on recycled paper containing at least 20 percent fibers from paper recycled by consumers. Hanson,Jean rom: Tiffany, Peter ent: Wednesday, March 16, 2005 11:11 AM To: (DBerkowitz @ci.andover.mn.us) Cc: Hanson, Jean Subject: Kennsington Estates 6th Addition Sketch Plan Comments Dave, I have looked over the plan sheet dated 2/10/05 for the above - referenced project you gave me on March 2, 2005. The sketch plan indicates 17 lots to be developed for single family housing. The plan also indicates that all 17 lots are beyond the 200 -foot no-build area associated with the WDE Landfill property. However, all lots appear to be closer than 500 feet, requiring gas monitoring probes and methane detectors to be installed in accordance with City of Andover Ordinance 19P. MPCA will require that the ordinance be followed, though certain dwelling units may be able to share a single gas probe. Details of how the gas probes will be laid out and installed will need to be worked out with the Kennsington Estates developer once the development layout is finalized and approved by the City of Andover. Please e-mail or write me if you have any further questions regarding this development sketch plan in order to document these questions and responses. Peter W. Tiffany, P.E. Minnesota Pollution Control Agency Petroleum and Closed Landfill Remediation Section Remediation Division E Page 58 :387 rp s N 145TH 14479 fib°' N 114470 14463 14440 ry ,� `� `�' `L�� ry�ry1 14454 14447 ' gyp ? 14443 14430 3 ., 0 of A °1 ' �4 epry°j 14420 7443j ? 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DATE: January 24, 2006 INTRODUCTION The Andover Economic Development Authority (EDA), which owns the lot, is requesting the lot split. The lot split would allow the EDA to move forward with a land sale to Louis Rudnicki for a proposed retail strip center on parcel A. The strip center would feature zero lot -line construction, with Mr. Rudnicki building and owning the portion on parcel A and another party building and owning the portion on parcel B. (As shown on the attached site plan.) DISCUSSION The property is zoned General Business (GB) and does not need to be rezoned for the lot split or for the proposed strip center. After the lot split, both lots would exceed the minimum lot width, depth, and area requirements, as demonstrated in the table below: Access Access to the lots will be provided by Ibis Street to the west and 138 Avenue to the north. Easements A standard drainage and utility easement of 10 feet will be granted on the east side of both properties. Larger easements will be taken on the north side of parcel A, the south side of parcel B, and the west side of both lots. Separate documents will need to be filed granting these drainage, utility, and trail easements, as shown on the survey. No easements will be required along the property line between parcel A and parcel B. E GB Requirements Parcel A Parcel B Lot Width 100 feet 195 feet 297 feet Lot Depth 150 feet 361.17 feet 367.34 feet Lot Area 20,000 s.f. 70,428 s.f 109,811 s.f Access Access to the lots will be provided by Ibis Street to the west and 138 Avenue to the north. Easements A standard drainage and utility easement of 10 feet will be granted on the east side of both properties. Larger easements will be taken on the north side of parcel A, the south side of parcel B, and the west side of both lots. Separate documents will need to be filed granting these drainage, utility, and trail easements, as shown on the survey. No easements will be required along the property line between parcel A and parcel B. E Utilities Utilities for these lots were provided when the improvements for Andover Station North were installed during the fall of 2005. Park Dedication Park dedication fees equal to 10% of the purchase price of the land will be collected at the time that the lots are sold. Staff Recommendation Staff recommends approval of the lot split subject to the conditions of the attached resolution. Attachments Resolution Location Map Property Survey Proposed Site Plan ACTION REQUESTED The Planning Commission is asked to recommend approval or denial of the proposed lot split. Respec 1 s mitted, C 's Vrchota Cc: Jim Dickinson, Executive Director - Andover EDA, Will Neumeister, Community Development Director 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA • RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF THE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY TO SUBDIVIDE A COMMERCIAL LOT INTO TWO COMMERCIAL LOTS FOR PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF HANSON AND BUNKER LAKE BOULEVARDS AND LEGALLY DESCRIBED AS: Lot 5, Block 3, Andover Station North, Anoka County, Minnesota. To be divided into properties to be described as; PARCEL A: The north 195 feet of Lot 5, Block 3, Andover Station North, according to the recorded plat thereof, Anoka County, Minnesota. Subject to easements of record. PARCEL B: That part of Lot 5, Block 3, Andover Station North, according to the recorded plat thereof, Anoka County, Minnesota, lying south of the north 195.00 feet thereof. Subject to easements of record. WHEREAS, the Andover Economic Development Authority, the applicant, has requested approval of a lot split to subdivide a commercial property pursuant to City Code 13 -1; and WHEREAS, The Planning and Zoning Commission has reviewed the request and has determined that said request meets all requirements of City Code 13 -1 Splitting Lots, Parcels or Tracts of Land; 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. 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 subject to the following conditions: 1. The applicant shall file separate easement documents with Anoka County granting easements as shown on Exhibit A 2. Park dedication fees equal to 10% of the sale price of the land shall be paid to the City at the time that the lots are sold. 3. The lot split shall be subject to a sunset clause as defined in City Code Chapter 12- 1 -6 -F. Adopted by the City Council of the City of Andover on this _ day of , 2006. • CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk . ---- - , I I ! .- I I", I . g I _f~ ~ I~.. .. en ... ,J ,"'tA' & ,-_,.,t ~ ~ (I) ~ 8 ~ ffi:l o ~.. CD ;;!::! ~ ~~ g it .!! ;: .. .g~ .. 5r:t ~ ",;:~c;;5 ~ 0 . ... ~o C :'\ "'... '15 ~ CD .!! .!! ;,;<) Z !;{O , ""~3.. ~ ~ ~ El9~ i~i ~ ~ ~ ~ H ...J .. " ~ " ~ :! Q en'" a.. :i ~ D.. _ ~'iiill .. ,. l5 . . ...-<--,. 1 ~'S(i!#!~ , ,i I ,', "'.,,.,,", ) y i ",J'" '< !!!.. ..', 3 .,..J,:!'.' ,." '- .,./ \ ': iJ I .... ......... '. ...-,~. '~" :j. ....,. 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