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HomeMy WebLinkAbout06/26/07• 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 June 26, 2007 Andover City Hall Council Chambers 7.00 a.m. 1. Call to Order 2. Approval of Minutes— May 8, 2007. 3. PUBLIC HEARING: Lot Split (07 -02) to create anew rural residential parcel from property located at 16090 Makah Street NW. PUBLIC HEARING: Variance (07 -01) to vary from side yard setback requirements for property located at 15924 Xeon Street NW. 5. PUBLIC HEARING: Conditional Use Permit Amendment (06 -09) to extend mining permit for property located at 16689 Hanson Boulevard NW. 6. PUBLIC HEARING: Rezoning (07 -01) to change the zoning designation from Single Family Rural Residential (R -1) to Single Family Urban Residential (R -4) for Outlots A, B and C of Woodland Estates Second Addition. 7. PUBLIC HEARING Preliminary Plat of Woodland Estates 3rd Addition, a single family urban residential development containing thirteen urban lots located on Outlots A, B and C of Woodland Estates Second Addition. 8. PUBLIC HEARING Preliminary Plat of Timber Trails 2 " Addition, a single family rural residential development containing six rural residential lots located at 17700 Tulip Street NW. 9. PUBLIC HEARING: Ordinance Amendment to City Code 4 -4 -3 to reduce the maximum allowed grass height on urban lots to eight inches. 10. Other Business 11. Adjournment 0 • C I T Y O F N 1665 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 - May 8, 2007 DATE: June 26, 2007 Request The Planning and Zoning Commission is asked to approve the minutes from the May 8, 2007 meeting. 0 • 01 L XTDOVEA PLANNING AND ZONING COMMISSION MEETING —MAY 8,1007 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on May 8, 2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. 11 Commissioners present: Commissioners absent: Also present: Chairperson Daninger, Commissioners Tim Kirchoff, Michael Casey, Valerie Holthus, Douglas Falk and Dennis Cleveland. Commissioner Devon Walton (excused). City Planner, Courtney Bednarz Others APPROVAL OF MINUTES. April 10, 2007 Motion by Kirchoff, seconded by Falk, to approve the minutes as presented. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT .(07 - -06) TO EXTEND TIME PERIOD FOR TEMPORARY CLASSROOMS FOR MEADOW CREEK SCHOOL LOCATED AT 3037 BUNKER LAKE BOULEVARD NW. Mr. Bednarz stated Meadow Creek Christian School received approval to allow four temporary classrooms on July 2, 2002. The permit is scheduled to expire on June 11, 2007. The school is requesting that the permit be extended to allow the classrooms to be used through June 2009. Commissioner Holthus wondered if the City inspected these periodically. Mr. Bednarz indicated they did. Commissioner Holthus wondered when they were last inspected. Mr. Bednarz indicated he did not know. Motion by Casey, seconded by Kirchoff, to open the public hearing at 7:03 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. Regular Andover Planning and Zoning Commission Meeting Minutes — May 8, 2007 Page 2 No one wished to address the Commission. Motion by Casey, seconded by Kirchoff, to close the public hearing at 7:03 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. Commissioner Cleveland wondered if these are the same type of portables used throughout the County. Mr. Bednarz indicated they are. Commissioner Holthus did not think there was a problem with keeping the portables at this site but thought they should be inspected. Motion by Casey, seconded by Kirchoff, to recommend to the City Council approval of Resolution No. , to extend the time period of the Amended Conditional Use Permit to allow temporary classrooms for Meadow Creek School. Motion carried on a 6 -ayes, 0- nays, 1- absent (Walton) vote. Mr. Bednarz stated that this item would be before the Council at the May 15, 2007 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Chairperson Daninger thought the Joint Council/Planning Commission meeting went very well and he would like to see another one periodically. ADJOURNMENT. Motion by Falk, seconded by Casey, to adjourn the meeting at 7:08 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. is 1 0 r1 LJ 3 A 0 TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Plann4 SUBJECT: PUBLIC HEARING: Lot Split (07 -02) to create a new rural residential parcel from property located at 16090 Makah Street NW. DATE: June 26, 2007 INTRODUCTION The applicant is proposing to split the subject property as shown on the attached survey. Background The city and property owner have discussed the potential to correct a drainage problem that exists at the end of 160' Lane NW. When rain events occur water stands in the street and overflows onto private property on the south side of the street. A public improvement project to reconstruct the street was delayed to allow the Council time to review the cost sharing policies for reconstruction projects and due to the fact that the roadway condition was not critical. Subsequently the Council authorized staff to negotiate an agreement with the applicant that would allow the city to construct a drainage pond and cul -de -sac on the applicant's property. This approach will correct the drainage problem in the street and provide the required turnaround at this dead end. The applicant wants to ensure that this agreement will not affect the ability of the lot to be split. Although not presently under consideration, the city's requirements may change in the future. For this reason, the applicant is proposing the lot split at this time. DISCUSSION The attached survey illustrates the proposed lot split. Conformance with Local Ordinances Proposed Lots • Ownership of Easements It is important to note that Makah Street NW exists within a street easement. The easement grants the city the use of the area for a street. However, the applicant retains ownership of the 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Parcel 1 Parcel 2 R -1 Requirements Lot Width 348.32 348.32 300 feet Lot Depth 279.62 312.65 150 feet Lot Area 2.5 2.5 2.5 acres Ownership of Easements It is important to note that Makah Street NW exists within a street easement. The easement grants the city the use of the area for a street. However, the applicant retains ownership of the 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US property to the center of the street easement as shown on the attached survey. As with several • other lot splits approved along Makah Street NW, the applicant is allowed to use the easement area to achieve the 2.5 acre minimum lot size. Similarly, the property encumbered by easements for the proposed pond, cul -de -sac and existing pipeline is owned by the applicant and used in the lot area calculations shown above. Buildability The applicant has demonstrated that both lots are buildable. The attached survey shows the location of the areas that meet the minimum buildable area requirements for a house and a septic system on each lot. Park Dedication and Trail Fees City Code 11 -3 -7 C. allows the city to collect park dedication and trail fees for each lot that is created. However, it has been common practice to collect fees for only one lot when a lot split is approved. The reason for this is that one lot already exists. The lot split creates one new lot. The only difference in this situation is that there is no house on the existing lot. The applicant has provided the attached letter requesting that he be treated the same as applicants of other lot splits. Staff recommends that one park dedication and trail fee be collected. Pipeline Easement A natural gas pipeline crosses the south end of Parcel 1. The pipeline is within the easement shown on the attached survey. Staff has worked with Northern Natural Gas to ensure that the proposed cul -de -sac can be constructed as shown. Drainage and Utility Easements Ten foot wide drainage and utility easements are shown around the perimeter of both parcels as typically required for rural lots. Staff Recommendation Staff recommends approval of the lot split subject to the conditions of the attached resolution. ACTION REQUESTED The Planning Commission is asked to recommend approval of the proposed lot split. Attachments Resolution Location Map Property Survey Letter from Applicant Re 1 ed, e z • Cc: Carl Spencer 16090 Makah Street NW 2 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST TO SUBDIVIDE A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS FOR PROPERTY LOCATED AT 16090 MAKAH STREET NW LEGALLY DESCRIBED AS FOLLOWS: Tract V, Registered Land Survey Number 72, Anoka County, Minnesota WHEREAS, Carl Spencer has requested approval of a lot split to subdivide a rural residential property pursuant to City Code 13 -1, located at 16090 Makah Street NW; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of the City Code, and; WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the proposed lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. The lot split shall be required to conform to the survey dated April 2, 2007. 2. Drainage and utility easements shall be provided as shown on the survey dated April 2, 2007. 3. The applicant shall pay a park dedication fee of $2,515 and a trail fee of $612. 4. The lot split shall be subject to a sunset clause as defined by City Code 13 -1 -6F. Adopted by the City Council of the City of Andover on this day of , 2007. • CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk 3 \ , g -- I ~ 48" I ~. . ;< " .,0'"''-'/'''1.1'1'-' "" I: ~ "~ ~ ! i 0 . m . . 4755 ~ . . Ii f?, ".. QUAPAW 5T 0> 1-" I tffij ~ If> 4725 . -< . r . . . r- ..... Z i "'" I ~ ~ I ; i . i ..... n ..... " ~ 0 !!l .... ..... z m POTAWATOMI5T ... 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C) 0 zz r a zo MAKAH STREET NW y A Z. 2co T 2 M - E o.. z 3 ,zw A ZV .10 L ------ M z • May 2, 2007 To: The City of Andover My wife and I are the owners of a 5 acre parcel located at 16090 Makah St. N.W. A little over a year ago members of city staff contacted me regarding working with them to solve a drainage problem in proximity to the western edge of my property. It seemed that annually, in the spring, winter snow melt occurring before the frost left the ground would cause some flooding of the end of 160 Lane where it abuts my property. Over the course of several working sessions with city staff we have come to a proposed solution whereby a culdesac would be constructed on our property terminating 160 Lane with drainage from that culdesac flowing into a pond that would also be constructed on our property. In advance of this construction I am submitting a request to split our property into 2 parcels. As part of the lot split process I understand that a park dedication fee and trail fee is collected for each newly created lot. There is currently no existing dwelling on my property so, as I understand it, the city has the right to collect 2 park dedication fees and 2 trail fees. Had there been an existing dwelling on the property presumably no park and trail fee would have been collected at the time of the dwelling construction and then if the parcel was later split only one park and trail fee would be collected. Or if we were to say build a home for instance this year (no park and trail fee would collected when the home was constructed) and then say next year split the property in two, then at that time only one park and trail fee would be collected. Given this particular situation, what I am asking the City is to consider collecting only one park dedication fee and one trail fee in conjunction with this lot split. Thank you for your consideration. Yours truly, Carl Spencer • L l C I T Y O F NDOVE • 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 Plannel SUBJECT: PUBLIC HEARING: Variance (07 -01) to vary from side yard setback requirements for property located at 15924 Xeon Street NW DATE: June 26, 2007 INTRODUCTION The applicant is seeking approval of a variance to allow a deck to be constructed in the side yard of their corner lot. DISCUSSION The property has a 25 foot side yard setback requirement because it is a corner lot with a backyard to backyard orientation. The purpose of the side yard setback on backyard to backyard corner lots is to allow yard area between the side of the house and the street. 16 The existing house is setback 31 feet from the side property line. A deck that would conform to the setback requirement could only be 6 feet in width. The applicant is proposing a 12 foot wide deck. The proposed deck would encroach 6 feet into the setback area. As with all variances, hardship must be demonstrated to vary from the City Code. The standards used to evaluate hardship are as follows: 1. There are circumstances unique to the property that were not created by the landowner. Unique conditions may include the physical characteristics, including topography or water conditions that may exist on the property. 2. The property, if the variance is granted, will not be out of character with other properties in the same neighborhood. 3. The applicant has exhausted all reasonable possibilities for using his/her property. 4. Economic considerations may not constitute an undue hardship if reasonable use of the property exists with application of the minimum standards of this chapter. The applicant has included the attached letter to address the findings. In addition to the letter, the following items were discussed: With the boulevard area added to the existing side yard, the side of the house is set back 44.8 feet from the curb. With the proposed 12 foot wide deck, the deck would be 32.8 feet from the curb. • • Six feet is not a large enough area to be used like a deck. The limited usefulness of this area does not justify the cost of construction. Without a deck, this side of the home appears unfinished and out of place in the neighborhood. • The lot was created under the requirements at the time, which required the first 100 feet of the lot to be buildable. Since that time the city increased the buildable area for new lots to 110 feet. Additionally, the city now requires surveys for new homes to show the area where a deck can be constructed where a doorway is planned and the area is less than • 20 feet. The yard is unusually encumbered by drainage and utility easements. ➢ A ten foot wide easement exists on the north side of the property where a storm sewer line is located. Typically this easement would only be 5 feet wide. ➢ A 31 foot wide drainage and utility exists in the rear yard. This area of the lot was excavated to allow a storage area for the storm water collected by the storm sewer. As a result, less than 20 feet of useable rear yard space exists behind the house. ACTION REQUESTED The Planning Commission is asked to review the findings presented and make a recommendation to the City Council. Attachments Resolution Location Map Applicant's Letter Petition from Neighborhood Lot Survey Photographs �J Cc: Michael and Beth Tupy 15924 Xeon Street NW • 2 CITY OF ANDOVER • COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING/DENYING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM 25 FEET TO 19 FEET FOR PROPERTY LOCATED AT 15924 XEON STREET NW LEGALLY DESCRIBED AS: Lot 7, Block 6 Woodland Oaks, Anoka County, Minnesota WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12 -3 -5 to reduce the side yard setback for the subject property from 25 feet to 19 feet, and; WHEREAS, the applicant has provided the following findings for the Planning Commission to consider: 1. The city approved the location of the house and the building plan with a door and ledger board on the street side of the house. 2. The only exit from the second floor of the house is the front door. The second floor doorway cannot provide a secondary emergency exit without the addition of a deck and stairwayy to the ground. 3. Decks are common throughout the neighborhood. Without a deck the street side of the home appears unfinished. The neighborhood has indicated support of the proposed • 4. variance. The proposed 12 foot wide deck would preserve 3 2. 8 feet of yard space between the deck 5. and street. The lot was created under the requirements at the time, which required the first 100 feet of the lot to be buildable. Since that time the city increased the buildable area for new lots to 110 feet. Additionally, the city now requires surveys for new homes to show the area where a deck can be constructed where a doorway is planned and the area is less than 20 feet. 6. The yard is unusually encumbered by drainage and utility easements. a. A ten foot wide easement exists on the north side of the property where a storm sewer line is located. Typically this easement would only be 5 feet wide. b. A 31 foot wide drainage and utility exists in the rear yard. This area of the lot was excavated to allow a storage area for the storm water collected by the storm sewer. As a result, less than 20 feet of useable rear yard space exists behind the house. WHEREAS, after review the Planning Commission finds recommended approval/denial of the request, and; and WHEREAS, the City Council has received .the recommendation of the Planning Commission, and; • NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves/denies the proposed variance request to reduce the side yard setback for the subject property from 25 feet to 19 feet. 9 Adopted by the City Council of the City of Andover on this th day of , 2007. CITY OF ANDOVER • ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor Cl • m n 0 w N n W o VA m' • m 0 0 uLL Q U) m �! LU l L60L Z6aL � �} 0£69L Sa L W g POLL Ow% !a ��i 9999E m t ! Ba O LLLL 4� w '� .• L8L1 0111 w F6LL � 06" m m m mLf) n ao m n n ro m m L/L9L m LLI > $ 48L9L Ito U=IA X n t 3 7.S 3NIdMO ` z n n n o in Q o a� o X 0 w_ V N " Nw N y a w S Z C C QZ w j ro Zp W LLSt ON a3 moo '9 3 F ®❑❑ a n M M o 3 R m n 0 w N n W o VA m' • m 0 0 uLL Q U) m �! LU l L60L Z6aL � �} 0£69L Sa L W g POLL Ow% !a ��i 9999E m t ! Ba O LLLL 4� w '� .• L8L1 0111 w F6LL � 06" m m m mLf) n ao m n n ro m m L/L9L m LLI > $ 48L9L Ito U=IA X n t $ S 00 n n mn o n n n , 1S n YE pi 7.S 3NIdMO n n n n n $ S 00 n n mn o n n n , 1S n YE pi 7.S 3NIdMO n z LLSt ON 99EL fm�Z XON !2 ,7 "CL u a n 8 m $ n $ n $ n m $ n n L989L BLL9L L9M 9LfL OLC9L 69EL iS JNV8 $° n n n a n n Z99L L99L 9£89L 0 157 � L m Bt(P 699E g L9►L w n n $ e n $ n n N o N $ ro 999E 999EL �99L m 899E r r �rL LL9L 699E �, ... �� _ OL►L To: City of Andover planning Commission and City Council From: Michael and Beth Tupy Home Owners 15924 Xeon Street NW Andover, MN 55304 Date: June 12, 2007 Re: Variance Request - Summary Letter We are requesting your approval for a variance to build a 12'x 16' cedar deck on the south side of our property. We were instructed by the City of Andover Building Department that completing a variance request form was our only option for building this deck. The reason provided for not issuing us/our contractor a permit to construct said deck was that the City of Andover has a 25' setback rule on comer lots. The contractor we hired to build the deck was advised that this is purely for aesthetics and nothing else. The south side of our house is located approximately 31' from 159`' Avenue NW. According to the setback rule, the maximum size deck we could construct is 6' x 16'. We feel strongly that the following qualify as hardships as defined in Ordinance 8, Section 5.04: • There are circumstances unique this property that were not created by us. We purchased • the property in August of 2006. As you can see by the pictures, the house has a 16' ledger board and door that exits on the south side of the property (with no stairs). This.property was built with an approved permit No. 0200586 dated February 20, 2002. The City of Andover therefore approved the construction of this house. The construction of a door and 16' ledger board indicates that a future structure; a 16' deck and stairs would be added to the house. Clearly the flow inside the house to the door indicates there was a future deck to be added (see photo from inside house). In addition, the house is a split entry with the front door serving as the main exit for the 2i level of the house. This clearly is a safety issue for the property. If this exit, which is located between the two levels of the home is obstructed during a fire or other emergency, it will essentially trap all occupants and leave them with no egress other than 2 story windows. By granting us this variance, you would provide the property with more than one exit point during a fire or other emergency. The request for this variance is not out of character for our neighborhood as 80% of our neighbors have decks on their properties. After purchasing this property, multiple neighbors have indicated that they were wondering when the deck would be built as it is not pleasing to look at. Our neighbors have signed a document indicating that they have no objections with us building said deck on our property (see attached document). They welcome it as it would actually improve the aesthetics of the property. If the variance is • granted, the deck will be built using a licensed contractor and match the aesthetics and character of our neighborhood. • Lastly, we feel this is not an unreasonable request (see the photo with white poles indicating the distance of the deck from the house) and would provide our family with a greater experience with this property. Again, thank you for your consideration with our request to grant this variance. Sincerely, Michael and Beth Tupy • To: Our Neighbors • From: Beth and Michael Tupy 15924 Xeon Street Andover, MN 55304 Date: June 8, 2007 We are attempting to get a variance from the City of Andover to allow us to build a deck on the south side of our house. The deck we are wanting to build is a 12' x 16' cedar deck with bronze spindles. This deck will not be out of character with other properties in the neighborhood. Currently, a door and ledger board are present on the south side of the house and we want to improve the aesthetics and family use of our property. Due to City ordinance requiring a 25' setback distance from the road, the City will not allow us to build the deck without granting a variance. By signing this document you're indicating that you have no objections to Michael and Beth Tupy building the deck indicated above. Name (Print & Sign) Address Date an re is�� lld�� �� 5--. 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W - W O W XEON STREET N.W. g, "48 ry (( a Y P Slq Ll c n q� CD i > y N l m N n m L _ ran O C Z rr c ;, .� t �.� ti� \ t �, ti� �'�'�'! �: � �' � , T _'y !a, >,� �� ���~�— �`. "`L f� ,. �,r a �;4 �;�; " -�: _. �_ i` �' r' _ r , - -- ___ e �±. ;� �?��� :9;:� ,^ _ i i 0 X o' l.n 0 ICl OR 7 0 N �9 Z P NO Q _ QL Z 0 0 c 0 f r i i 1 a' ti • z LJ 7' • 0 v� 3 0 3 J A 9 w 3 Z Z ~ , . . . . , I . .--,.~-'-~ l~l~ "'1"~' '. ':uk'" " \\1 ~. I (~ , ,. '--; "-, .. "I ". . t ~i,,( "< I I~V '. < ~' , r "~ :;~'~~ ; ~" " 5 A C I T Y NDOWE • 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 Planm+ SUBJECT: PUBLIC HEARING: Conditional Use Permit Amendment (06 -09) to extend mining permit for property located at 16689 Hanson Boulevard. DATE: June 26, 2007 INTRODUCTION The applicant is requesting an extension of the mining permit that was initially issued in 1989. The permit was previously extended in 1991, 1996 and 2001. At this time the applicant is requesting that the permit be extended for two additional years. DISCUSSION As a part of the permit, a grading plan is required. The purpose of the grading plan is to ensure that city and watershed district requirements are met and to show how the site will look when completed. The permit also allows review of the route and method of transportation, measures to prevent displacement from wind, hours of operation, length of the permit and site restoration. Grading Plan The previously approved grading plan is attached. The applicant has submitted a revised grading plan that increases the size of one of the ponds. It should be noted that this pond already exceeds the size shown on the previously approved grading plan as shown in the attached photograph. The Engineering Department and Lower Rum River Watershed Management Organization (LRRWMO) have reviewed the revised grading plan. A permit from the watershed district is required due to the size of the ponds. Transportation The applicant intends to continue to use the existing access to Hanson Boulevard. Conditions from previous approvals requiring signage and watering of the roadway on the site are included in the attached resolution. Displacement The ponds are located a significant distance away from adjacent homes and roads as shown on the attached grading plan and location map. Material is not stockpiled on the site, so the only area of exposed earth is in and around the ponds. Upon completion, turf will be required to be established above the normal ground water level. Staff Recommendation Staff recommends approval of the time extension subject to the conditions of the attached resolution. This will allow the ponds to be competed in compliance with city and watershed district requirements. ACTION REQUESTED The Planning Commission is asked to recommend approval or denial of the proposed Conditional Use Permit. Attachments Resolution Location Map Previously Approved Grading Plan Aerial Photograph. Proposed Grading Plan Cc: Jim Kuiken, 8535 Central Ave #103 Blaine, MN 55434 • 0 • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO EXTEND MINING PERMIT ON PROPERTY LOCATED AT 16689 HANSON BOULEVARD (P.I.D. 16- 32 -24- 42- 0001), LEGALLY DESCRIBED AS; The Southwest 1/4 of the Southwest 1/4 of Section 11, Township 32, Range 24 except the South 660 feet of the West 687 feet thereof, also except roads subject to easements of record. WHEREAS, the applicant has requested an amendment to the existing Conditional Use Permit to extend the time allowed for mining of the subject property; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12 -8 -4; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit Amendment; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit Amendment to extending the time allowed for mining of the subject property subject to the following conditions: The permit shall be limited to two years from the date of approval and shall expire in December of 2009. 2. The site shall be graded to conform to the grading plan dated November 9, 2001. Mining of other areas of the site shall be prohibited. This permit shall be subject to annual site inspection to determine compliance with the City Code and the conditions of this permit. 4. The hauling of material is limited to Monday through Friday, 8:00 A.M. to 8:00 P.M. and Saturdays, 8:00 A.M. until 4:00 P.M. 5. The applicant shall obtain all necessary permits, including, but not limited to, the following organizations: Department of Natural Resources, U.S. Army Corps of Engineers, and Lower Rum River Watershed Management Organization. 6. Safety precautions shall be taken at the end of each working day to prevent injury to anyone who may be near the mined area. 7. Signs shall be placed on both sides of the driveway at Hanson Boulevard to signal the • presence of trucks hauling. 8. The roadway on the subject property shall be regularly watered to control dust. 9. Upon completion, turf shall be provided over all disturbed areas above the normal ground water level. Adopted by the City Council of the City of Andover on this _ day of , 2007. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor 0 E . c: CD _0 'E ~ .... .... III CDCDJ: >Cl.0l o CD CO "OlIl<O C::J<O <(-~ ....lll Oc:C m ~ >..Q CD _ III ~:t: E C\l ..... men U-g"O 8 8 Cim o ~ ; ~ ~ o:~ U E 0 'li ~ ~ !!;'~ <( m .5 ~ ~ gz . (.!) tC ~ '":": (D ~ Z5 .., W UJ ~ u ..9! .. i:ti <tc') J'....' -' ~ 'if a: rl * (;j ;n<( " a. ) "' if III Cl Cl 8", ~ <( III 0 0 g- g- -m ~!f ~ ::< ::;: ::;: Cl lIl<( b e , ~ "" . . , , - j e , ,- .. ... - Sw %+ of 5w %4 ct= '� • rt, Twf? 3Z� t2s.NcaE Za PIN NVHl ✓�i ='�; l( '�Z ZA} '� oo0i PLa, d PAR4--a-t -Nv.: co5111 (0000 (�ROPS.>ZT�j G'wn7�R :_ nlL,c � E�'.�n1 KUI fCE�I 7 + _ I . I / t l •l � / r7tTLH --7� J r` P o r{ t7 ✓� I I O O =L1 1 PIP A — Lug= c.qg M z .� f � ' ` 1 ` blDO. R 4' . �'x�r1T( -(wtST wnTa s; �EVt:� =89o.a MA.Y. otPTK. h�o8� srn� . 1 ♦ Ew rs boar _ -1 S �q1Q �Fam i 1 y rural * Prepeseal • 0 POND ENLARGEMENT PLAN NORLEX TURF Andover, Minnesota S88'44'48 "E I / � - 1 13.21 I I 200 I / \ / P \ 4D 04 WATER O •— (II LEVEL -890.0 z `1` M DEPTH Q ` SIDE SLOPE 4:7 / 0_ LLJ Q 0 m O \ / � _O O V) 0 687" Q ROW o I I 1 1 18836 1313. GRAPHIC SCALE 0 ,o0 200 I �IN FEET � I 1 inch = 200 & *EXISTING PONDING AND CONTOUR INFORMATION PROVIDED BY OTHERS \ I \ OD IIIII ' \� N ,1111 WATER 4.1 DESCRIPT70N SW 114 OF SW 114 OF SECTION 11, rOWNSHIP 32, RANGE PROPERTY OWNER DICK & ELAINE KU /KEN PIN NUMBER R11 32 24 33 0001 vier & PARM NUAaBEe 65911 6000 LEVEL-SWO MAX DEPTH 6 SIDE SLOPE 4.1 P haw6y C& Hit &* RAW am prrpand by nm ar anaW AW AMT~ ao®r W aV dAaat a pw mbkn &W Hit A an a dW LAaraid Pm- leambnd Dvk mdr me kw of Me SYaAr of AAlriaata PLOWEBI+tO w AfWI ®...�"" .rwr rslwaew w.rr er wo ^V ws-awr awr ma wwl o9w eers,.0 Aw! n o �.r .aov G c cH a AA7YEAAIADP 9. 2A0! LA2gjSLr / 412V5 I u Fi n 1685 CROSSTOWN BOULEVARD N.W. *ANDOVER, MINNESOTA 55304 - (763) 755 -5100 FAX (763) 755 -8923 - WWW.CI.ANDOVER.MN.US TO: . Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planne4 SUBJECT: PUBLIC HEARING: Rezoning (07 -01) to change the zoning designation from Single Family Rural Residential (R -1) to Single Family Urban Residential (R -4) for Outlots A, B and C of Woodland Estates Second Addition DATE: June 26, 2007 INTRODUCTION The Planning Commission is asked to review the proposed rezoning to allow the Woodland Estates 3rd Addition to move forward. DISCUSSION As with all rezonings, the City must meet one of the two following findings that are provided by state statute: • 1. The original zoning was in error. 2. The character of the area or times and conditions have changed to such an extent to warrant the rezoning. The finding for the rezoning is that the property lies within the Municipal Urban Service Area (MUSA) and has access to municipal sewer and water. The property has been enrolled in the Agricultural Preserve Program for many years. A notice of expiration has been filed with Anoka County to remove the property from this program on December 8, 2007. Times and conditions have changed with the arrival of municipal utilities and removal from the Agricultural Preserve Program. Attachments Ordinance Amendment Location Map ACTION REQUESTED The Planning Commission is asked to recommend approval of the rezoning request based upon the fact that times and conditions have changed. Cc: Woodland Development 13632 VanBuren Street NE Ham Lake, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE AN ORDINANCE AMENDING CITY CODE TITLE 12 -3-4, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: City Code 12 -3 -4, 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 5.57 acres legally described as: Outlots A, B and C Woodland Estates Second Addition, Anoka County, Minnesota. 9 2) The finding for the rezoning is that the property lies within the Municipal Urban Service Area (MUSA) and has access to municipal sewer and water. The property will be • removed from Agricultural Preserve Program on December 8, 2007. Times and conditions have changed with the arrival of municipal utilities and removal from the Agricultural Preserve Program. 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 2007. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. 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CLAN DOVER. MN. US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Plann4 SUBJECT: PUBLIC HEARING Preliminary Plat of Woodland Estates Y d Addition, a single family urban residential development containing thirteen urban lots located on Outlots A, B and C of Woodland Estates Second Addition. DATE: June 26, 2007 INTRODUCTION The Planning Commission is asked to review the proposed preliminary plat of Woodland Estates 3` Addition. DISCUSSION The proposed plat divides the property into 13 residential lots and one outlot. Agricultural Preserve Program The property has been enrolled in the Agricultural Preserve Program for many years. A notice of expiration has been filed with Anoka County to remove the property from this program on December 8, 2007. The preliminary plat can be approved prior to this date provided that the plat is not recorded at Anoka County until after December 8, 2007. A condition of approval has been included in the attached resolution regarding the recording of the plat. Street Access Street access will be provided by 151` Avenue NW. This street will end in a temporary cul -de- sac to the north of the subject property as shown on the attached plat. An easement will need to be provided to construct the cul -de -sac as shown. The street will be 33 feet wide, including curb and gutter, as required for urban streets. A variance to will be needed to allow the street to terminate in a dead end at a distance greater than 500 feet. The finding for the variance is that a sketch has been prepared to illustrate how the road will be extended in the future to provide a second access. The applicant will be the developer of the adjacent property to ensure that this occurs. A portion of existing right -of -way for 151 Avenue NW at the southeast corner of the plat is proposed to be vacated. This will allow the curve of the street to the north to begin earlier to accommodate the lot arrangement shown on the plat. The vacation will not affect existing lots within Woodland Estates Second Addition. This item will be reviewed by the City Council on July 3` with the rezoning and plat. Existing Easements Existing easements that encumber the subject property are proposed to be vacated and replaced with new easements as a part of this plat to allow the lots to be arranged as shown. The vacation of easement will be reviewed by the City Council on July 3` with the rezoning and plat. Lots Each of the lots will conform to the width, depth and area requirements of the R -4 Zoning District. The existing grades on the west side of the street are proposed to be raised to allow walkout homes. As a result, a two -tiered retaining wall is proposed to step down into the storm water pond in the rear yards of Lots 2 -5 of Block 1. Lots on the east side of the street will be graded to allow full basement homes. A retaining wall is proposed to raise the rear yard grades to preserve trees and match the existing grades of properties to the east. The lots will be evaluated at the time a building permit is submitted to determine if the useable space for a deck needs to be shown. As the Planning Commission is aware, the city now requires this information to be shown on surveys for new homes when the remaining buildable area is less than 20 feet. This determination will be based on the size and type of house that is proposed and the remaining buildable area on the lot. Outlot Outlot A is shown at the north end of the proposed plat along with a sketch of the potential for future urban residential development on the adjacent property. Outlot A will be combined to create a future lot on the adjacent property as shown on the sketch. A condition of approval will require the outlot to be combined with the adjacent property at the time Woodland Estates Y Addition is recorded.. Tree Protection The Grading, Drainage, Erosion Control and Tree Protection Plan shows tree save areas along the east edge of the property adjoining Woodland Estates Second Addition. Buildability Requirements Each of the lots will meet or exceed the minimum of 110 feet of buildable area between the front property line and the 100 year flood elevation of storm water ponds. There are no wetlands within the proposed development. It should be noted that the plat was previously designed to meet the former 100 foot buildable area requirement. The developer redesigned the plat to meet the new 110 foot buildable area requirement to prevent the need to request variances to this new requirement. Park Dedication The Park and Recreation Commission recommended that park dedication and trail fees be collected on a per unit basis. 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. Attachments Resolution Location Map Preliminary Plat Plan Set • ACTION REQUESTED The Planning Commission is asked to recommend approval or denial of the preliminary plat. Respectfully submitted, e dnarz Cc: Woodland Development 13632 VanBuren Street NE Ham Lake, MN 55304 0 CITY OF ANDOVER • COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R A RESOLUTION APPROVING THE PRELINIINARY PLAT OF "WOODLAND ESTATES THIRD ADDITION" FOR WOODLAND DEVELOPMENT ON PROPERTY LOCATED IN SECTION 21, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS: Outlots A,B and C Woodland Esates Second 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, the applicant has requested a variance to City Code 11 -3 -3G. to exceed the 500 foot maximum cul -de -sac length, and; WHEREAS, the Planning Commission recommends approval of the variance based on finding that a sketch has been prepared to illustrate how the road will be extended in the future to provide a second access and the applicant will be the developer of the adjacent property to ensure that • this occurs, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the preliminary plat with subject to the following conditions: 1. Contingent upon the approval of the Rezoning of the property to R -4 Single Family Urban Residential. If this request fails to be approved, the preliminary plat shall be considered null and void. 2. The Preliminary Plat shall conform to the plan set stamped received by the City of Andover June 22, 2007. 3. A variance is granted to City Code 11 -3 -3 G. to allow the proposed street to extend further than 500 feet before terminating in a dead end. 4. Outlots A and B shall be combined with the adjacent property to the north at the time the plat is recorded. 5. The plat will not be released by the city for recording with Anoka County until after December 8, 2007. 6. 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. 7. Park dedication and trail fees shall be collected for each unit based on the rate in effect at the time of preliminary plat approval. • 8. 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The land has been purchased and the new owners have submitted this six -unit preliminary plat. The Planning Commission is asked to review this preliminary plat. DISCUSSION Conformance with Local Plans The property is zoned Single Family Rural Residential (R -1). All lots are at least 2.5 acres in size and proposed with private wells and septic systems. No rezoning will be necessary. Access Xenia Street currently ends in a cul -de -sac north of the subject property. The applicant has proposed extending Xenia Street southwards through the new subdivision, then bringing it eastward to connect with Tulip Street. The street will be constructed to the City standard for rural streets, which is 31 feet from back to back of curbs. Tulip Street is also County Road 58, so new connections to it need to be reviewed and approved by the Anoka County Highway Department. After review, the County Highway Department determined they would require a right turn lane from Tulip onto 177th Avenue. The preliminary plat shows this right turn lane and indicates that the County requirements will be met. Lots All of the lots in Timber Trails 2 "d Addition meet the minimum lot width, depth, and area requirements for the R -1 zoning district. Utilities & Easements The typical ten foot wide drainage and utility easements for rural lots will be provided on each lot. Additional easements will be provided to cover storm water ponds, drainage areas, • underground utility lines and maintenance vehicle accesses. The Public Works Department requires two maintenance vehicle accesses to each storm water pond. Twenty foot wide • easements are provided for these access points. Park Dedication The Park and Recreation Commission has recommended that park dedication and trail fee be collected on a per unit basis for the six lots in Timber Trails 2 " Addition. The Commission has also recommended that a bituminous trail be constructed between Lots 1 & 2 on Block 1 to connect with Timber Trails Park west of the development. The developer would be responsible for the costs, and the trail would terminate at the west properly line of the development. Tree Protection Plan The 18 -acre site is fairly open, but some areas have concentrated tree coverage. The tree protection areas are indicated on the grading plan. 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, 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. ACTION REQUESTED The Planning Commission is asked to recommend approval of the preliminary plat subject to the conditions of the attached resolution. Respectfully submitted, Andy Cross Attachments Resolution Location Map Sketch Plan City Council Minutes (May 16, 2006) Letter from Anoka County Highway Department Preliminary Plat Cc: Pete Jesh, 1928 140'' Lane NE, Ham Lake, MN 55304 • • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R -07 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "TIMBER TRAILS 2� ADDITION" ON PROPERTY LOCATED IN SECTION 5, TOWNSHIP 32, RANGE 24 LEGALLY DESCRIBED AS: That part of the following described tract lying in the southwest quarter of the northwest quarter of Section 5, Township 32, Range 24, described as follows: The east 1584 feet of said northwest quarter lying south of a line parallel with and 770 feet south of the north line of said southwest quarter of the northwest quarter; except road and subject to easements of record. And that part of the southeast quarter of the northwest quarter of Section 5, Township 32, Range 24, lying south of the north 770 feet thereof, except road and subject to easements of record, Section 14, Township 32, Range 24, 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; 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 before grading may commence. 2. The Preliminary Plat shall address all comments from the Andover Parks and Recreation Commission as approved by the City Council. 3. The developer shall pay a Park Dedication Fee of $15,090 and also a Trail Fee of $3,672. 4. 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. 5. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 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. The developer shall be responsible for improvements to the intersection of Tulip Street • (CSAH 58) and the proposed 17T Avenue required by the Anoka County Highway Department. 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" ',JIi - · if.. _ Regular Andover City Council Meeting • Minutes — May 16, 2006 Page 10 CONSIDER SKETCHPLAN /AL PARENT RURAL RESIDENTUL DEVELOPMENT 117700 TULIP STREET NW City Administrator Dickinson stated the City Council is asked to review a six -lot residential sketch plan called Timber River Trails 2 " Addition proposed by Al Parent. Mr. Al Parent, 14117 Orchid Street, stated he is at the meeting to answer questions. Councilmember Jacobson wondered if there will be any traffic lights or turn lanes coming off of Tulip. Mr. Berkowitz stated the County did request not to have any access to Tulip Street. If the City did want to pursue this as a second access point because of the length of the cul -de -sac, there would need to be a right turn lane off of Tulip and a bypass lane and it would be required through the County permit. Councilmember Jacobson stated there is an easement shown going through the property and a cul -de- sac shown and he wondered if there is enough land minus the easement that they can build there. Mr. Rick Olson, E.G. Rud and Sons, stated the two lots that the easement does cross, meet the 2.5 acre requirements. The easement takes up about half of the property so they are left with a little over an acre for those two lots and the topography shows buildable sites on the lots. Councilmember Orttel wondered what the developer thought about the requirements from the County. Mr. Olson stated they received the information back from the County recently and they really have not had time to look at them. The Council discussed with the developer County requirements and costs. Mayor Gamache wondered if the County is willing to look at allowing an emergency access off of Tulip for the cul -de -sac area. Mr. Berkowitz stated they have done that in the past. He reviewed past developments that have had emergency access drives. Councilmember Knight thought the developer might want to look at reconfiguring the lots if the County requires a lot because that could cost a lot of money for improvements. The Council reviewed another site plan for the development with City Staff and the developer. Councilmember Jacobson stated he would rather see the road go through rather than dead end. Mr. Berkowitz thought the first option would be to work with the County and try to get a right turn lane in with site line and clearing. The second option would be the emergency access with the gate. The Council agreed. Mr. Ryan Cook and Mrs. Ivette Sol -Cook, 17697 Tulip Street NW, stated the reason they have a • problem with the proposed road is the City Planner, Andy Cross, pointed out a pink flag on the lot, which would bring the road entrance facing his kitchen windows. He showed photos of the area indicating where his house would be affected. He noted if a road were constructed where proposed, • Regular Andover City Council Meeting Minutes — May 16, 2006 Page 11 lights from vehicles would shine right into his kitchen. He thought if the developer could agree to eight fairly large blue spruce trees to come across that part of their property to give them privacy from the cars coming from that development, it would help them with screening. Councilmember Trude stated they could not make the developer do that because it is not their property. Mr. Berkowitz stated they have requested that in the past and the developers have done that but it cannot be a requirement. Mayor Gamache thought the homeowner could try to work with the developer on getting something to work. Mr. Cook stated there is quite a bit more traffic on Tulip than the Council thinks and it is posted at 50 mph but they do go faster than that. He noted they were just concerned with the lights coming in and their privacy. CO ER REVISED FINAL PLATIPAMUIDE AT ANDOVER STATION (CONT.) Motion by obson, Seconded by Orttel, to remove this item from the table. Motion carried unanimously. City Attorney Sullivan viewed the status of where the Council is at in regard to the agenda and what needs to be done. City Attorney Sullivan stated the went and looked at the Plat maps and they determined that the resolution from Item 11 has an erroneous legal description. He stated they need to reconsider Item 11, pass it with the proper legal desekiption and then go onto Item 12. Motion by Jacobson, Seconded by Knight, to r�onsider Item 11. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to rescind a previous resolution and to approve the Resolution with the correction of Lots 4 and 5, Block 1 ftmn lots 3 to 4, block 1 in the second paragraph on page 4 including all other changes made. Moti carried unanimously. (Res. R068 -06) Motion by Knight, Seconded by Jacobson, to adopt the attached resolu approving the final plat with conditions. Motion carried unanimously. (Res. R069 -06) SCHEDULE JUNE COUNCIL WORKSHOP • Motion by Jacobson, Seconded by Knight, schedule a Special Council Workshop for 27, 2006 at 6:00 p.m. Motion carried unanimously. 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 May 9, 2006 RECEIVED MAY 11 2006) CITY OF ANDOVER Courtney Bednarz City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 RE: Preliminary Plat Timber Trails 2 " Addition Dear Courtney: We have reviewed the Preliminary Plat for Timber Trails 2 nd Addition, located west of CR 58 (Tulip Street NW) and south of 178' Lane NW within the City of Andover, and I offer the following comments. 0 An additional 27 feet of right of way adjacent to CR 58 will be required for future reconstruction purposes (60 feet total right of way width west of CR 58 right of way centerline). All lots within this plat will have access available via a local roadway, and no direct access to CR 58 will be permitted. The right of access along CR 58 shall be dedicated to Anoka County. Any existing driveways or field entrances within the boundaries of this plat shall be removed and the ditch section restored to match existing depth, slope, and grades. Prior to the sale of any parcels, the developer shall complete all work relative to the existing driveway and/or field entrance removal. As proposed, this plat would introduce a new city street intersection onto CR58. With increasing traffic volumes and congestion, the importance for limited access to County Roads cannot be overstated. Limiting access is critical in minimizing highway congestion, and is the single most important factor in reducing accidents on the highways. The proposed street is only 850ft from 178 Lane NW to the north, and 8408 from 176'' Avenue NW to the south. This does not meet Anoka County access spacing guidelines, which is'' /z mile for a full movement intersections and '/4 mile for a secondary intersections (CR 58 Functional Class = Collector). The City streets should align with each other, and in doing so, this would create fewer intersections on CR 58 and ultimately improve the safety of this roadway. Consequently, this plat should be re- evaluated for reconfiguration to instead create a City street that connects to Xenia Street NW or the next local roadway to the north. If following the re- evaluation of the plat, the proposed City street is still decided to tie into CR 58, a SB CR 58 RTL and NB CR 58 bypass lane will be required to be built by the development. The costs associated with the design and construction of the tum lanes and bypass lane shall be the responsibility of the City or the Developer. It appears that there are sight distance deficiencies for the Intersection Sight Comer requirements at the • proposed future street and the intersection with CR 58 with the obstructions primarily being trees. If this local street connection onto CR 58 is permitted to occur, the City and the Developer shall ensure that clearing and /or grading is completed to satisfy the Sight Corner requirements to the fullest extant possible at any approved Affirmative Action / Equal Opportunity Employer • Courtney Bednarz May 9, 2006 Page 1 access location. Please note that no plantings or business signs will be permitted within the county right of way. Care must be exercised when locating signs /plantings/berms /etc. beyond the county right of way, so as not to create any new sight obstructions. It should be noted that residential land use adjacent to highways usually results in complaints regarding traffic noise. Traffic noise at this location could exceed Noise Standards established by the US 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. 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 l0 -year, critical design storm. An engineering plan review fee estimated at $850.00 if the CR 58 RTL and bypass lanes are built will apply to this project (if there is no new city street tie -in onto CR 58, the engineering plan review fee will be $150.00). Contact Andrew Witter, Construction Services Engineer, for further information regarding the engineering plan review process. Please submit the drainage calculations, grading and erosion control plans, and right turn lane plan and bypass plans along with the ACHD Design Requirements Checklist for County Highway Modifications (http: / /www.co.anoka.ma.us /v l_ departments/div- public- services/dept- highway /index.asp) and the applicable engineering plan review fee to Mr. Witter for his review and approval. If connection to CR 58 is permitted to occur, an access permit and a permit for work within the county right of way will be required and must be obtained prior to any construction activity within Anoka County right of way (Access Permit - Permit for Work Within County R/W= $110.00; if there is no new city street tie-in onto CR 58, there will be no access permit required). License Permit Bonding, methods of construction, work zone traffic control, restoration requirements and follow -up inspections are typical elements of the permitting process. Contact Terri Klein, Permit Technician, for further information regarding the permit process. This department in conjunction with the permit process will coordinate installation and maintenance of any necessary permanent traffic control devices within the county right of way. (Please note that the Developer will be required to make the necessary pavement marking removals for the implementation of the turn lane and bypass lane plans as part of the permit process). Thank you for the opportunity to comment. Feel free to contact me if you have any questions. rely, n e Rose '�1J Traffic Engineering Manager xc: CR 58 /PLATS / 2006 Randy Bettinger, Traffic Engineering Coordinator Terri Klein, Permit Technician Josie Scott, Traffic Engineering Technician Mike Kelly, Chief Right -of -Way Agent Larry Hoium, County Surveyor Andrew Witter, Construction Engineer C I T Y O F ND 06 • 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: Chris Vrchota, Associate Planner 0 SUBJECT: PUBLIC HEARING: Ordinance Amendment to City Code 4-4 -3 to reduce the maximum allowed grass height on urban lots to eight inches. DATE: June 26, 2007 INTRODUCTION Based on input from a number of residents, the City Council has indicated that they would like the maximum allowable height for grass to be lowered from 12 to 8 inches on urban sized lots. DISCUSSION Lowering the maximum allowed grass height from 12 to 8 inches will allow the City to take action sooner when property owners neglect their lawns and in cases where foreclosed properties are not being maintained. The proposed change is only for lots less than one acre in size; standards for larger lots would remain unchanged. • The table below illustrates how Andover compares to nearby cities in relation to grass height requirements: city Maximum Allowed Grass Height (Urban Lots When Applicable Andover 12 Inches Anoka 6Inches Big Lake 12 Inches Brooklyn Center 8Inches Brooklyn Park 8Inches Coon Rapids 8 Inches Ramsey 12 Inches, or if grass has one to seed Attachments Proposed Ordinance ACTION REQUESTED The Planning Commission is asked to recommend approval or denial of the proposed changes to the City Code. Respect ally submitted, Chds Vrchota CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA • ORDINANCE NO. AN ORDINANCE REVISING THE MAXIMUM GRASS HEIGHT FOR LOTS LESS THAN ONE ACRE IN SIZE IN THE CITY OF ANDOVER. THE FOLLOWING CHAPTER OF THE CITY CODE IS HEREBY AMENDED AS FOLLOWS: CITY CODE TITLE 4: PUBLIC HEALTH AND SAFETY CHAPTER 4: WEEDS, GRASSES, AND OTHER HARMFUL VEGITATION SECTION 3: MAINTENANCE STANDARDS 4-4 -3: MAINTENANCE STANDARDS: A. Removal Of Noxious Weeds: All "noxious weeds ", as defined by State Statute, are required to be removed within ten (10) days of notification from the city. B. Grass Height Requirements: 1. Less Than One Acre: All properties less than one acre in size are required to maintain a uniform grass height of less than Evvelve eight inches 049 (8) with the following exceptions: • a. Wetlands. b. Wetland buffer areas. c. Storm water ponds. d. Heavily forested areas. e. Parks and nature preserves. f. Natural area not to exceed one - quarter (1 /4) lawn area. g. Slopes greater than three to one (3:1). 2. More Than One Acre: All properties with a lot area greater than one acre are required to maintain a uniform grass height of less than twelve inches (12 ") in the following areas of the property: a. In "public rights -of -way" as defined in Title 8, Chapter 2 of this code. b. An area thirty feet (30) in width adjacent to maintained lawns of neighboring properties. This area need not exceed the minimum front yard setback of the adjacent property. o, All lawn areas within the minimum front yard setback that are located directly in front of the dwelling. This area need not exceed one hundred feet (100) in width. d. On corner lots, all areas within the minimum side yard setback that are adjacent to the side of the principal structure. This area need not exceed fifty feet (50') in width. e. Exceptions to these requirements include: (1) Wetlands. (2) Wetland buffer areas. (3) Storm water ponds. (4) Heavily forested areas. (5) Parks and nature preserves. • (6) Agricultural property. (7) Slopes greater than three to one (3:1). (Ord. 219A, 10 -2 -2001) Adopted by the City Council of the City of Andover this day of 2007. CITY OF ANDOVER Attest: Michael R. Gamache — Mayor Victoria Volk — City Clerk • • • R i99 STRE N.W. � c gs J r J � It IAn � � o � fJ o- a y 'JZ I v i a �Oev o / I J fff b aa �c5 nN m $s0 Z V N > 41 40 ° on 9�6 "" o�v - •iwo ®OHO =0 c 000000 0000 ffli = HNNNN NQg VIN � CO R C ill Z°Lp >�Lr1 -01 01 j m _ p2C�iy4 t -, CL ;? f a g �� °yr 7 0 0 3 0 9 m ps a a 0 0 W 1 1 m H m D °- Q 3 m m F m .Ortirt G a a m l s 0 o 4, < a ' g 'r .. O ° rn -aq �a a K 7 u e O D "I) D r* S V � L x _ 4 1 0.0 rN ma [1 K = 0 �N' • • ^Y ii f'L I L 0 7< i� i — yam, ` �� ii l I 9 VA. 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