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HomeMy WebLinkAboutMarch 22, 2005 Cffi--~ ~~ -- 4-\~-O'J PLANNING AND ZONING COMMISSION MEETING - MARCH 22,2005 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Vice Chairperson Kirchoff on March 22, 2005, 7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners Jonathan Jasper, Tim Kirchoff, Dean Vatne, and Michael Casey. Commissioners absent: Commissioner Greenwald, Commissioner Holtus, and Chairperson Daninger Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others APPROVAL OF MINUTES. March 8, 2005 Motion by Commissioner Vatne seconded by Commissioner Casey to approve the minutes as presented. Motion failed on a 3-ayes, O-nays, I-present (Jasper), 3-absent (Daninger, Greenwald, Holthus) vote. Approval of minutes was postponed to the next meeting due to lack of quorum. PUBLIC HEARING: RESIDENTIAL SKETCH PLAN OF A SINGLE FAMILY URBAN RESIDENTIAL DEVELOPMENT ON PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF ANDOVER BOULEVARD AND PRAIRIE ROAD NW. Mr. Bednarz explained that the applicant is seeking approval of a residential sketch plan for a single family urban residential development. The sketch plan is intended to illustrate how the entire area can be developed. It is important to note that not all of the property owners in this area are interested in development at this time. Regular Andover Planning and Zoning Commission Meeting Minutes - March 22, 2005 Page 2 Commissioner Jasper asked why a sketch plan is being looked at regarding property that the owner is not willing to develop at this time. Mr. Bednarz explained the City received an application and some areas on the east side can be developed if sewer and water is brought into the area Commissioner Vatne asked how the east side could be developed with only temporary road access. Mr. Bednarz indicated that the Anoka County Highway Department would likely require Butternut Street to be closed when a new access to Andover Blvd. is constructed. Motion by Commissioner Casey seconded by Commissioner Vatne to open the public hearing at 7:21 p.m. Motion carried on a 4-ayes, O-nays, 3-absent (Daninger, Greenwald, Holthus) vote. Mr. Mike O'Donnell spoke and said that the east side of the development looks like it is in a wetland. Mr. Dana Swanson said the proposed road goes through his home; he has not been approached for sale and does not intend to sell. He suggested that the road be moved two ) lots to the east on the developer's land. Ms. Karmen MoWencamp asked what would happen to the roads that go through the areas that have not been sold, her property is on the map and she has not sold it. Mr. Holasek suggested that answers be provided to questions when they are asked. He asked if a new access to Andover Boulevard would be built and if the County would require improvements to Butternut Street. Vice Chairperson Kirchoff said that answers would be given if the Commission knows the answer, however, the Planning Commission cannot answer for the County. Mr. Chad Hapka said the east side of the development by Coon Creek is known to be a protected area for wildlife and trees and asked the developers to address the wildlife and tree line, as these are parts of the property value in Andover. He asked that serious consideration be given to keep as many trees and wildlife as possible. Ms. Judy Devorak of Ham Lake said this is the second meeting regarding adjacent property to this development and she has not been notified of these meetings. Ms. Devorak expressed that this is improper and asked to be included to all matters that affect her property. She asked what is going to happen to the traffic on Andover Boulevard and expressed concern about present and future accidents on the road. \ J Regular Andover Planning and Zoning Commission Meeting Minutes - March 22, 2005 Page 3 Mr. Bednarz said there is no statute that requires notification during the sketch plan stage. Notification is required as plan is more solidified at the preliminary plat stage. Mr. Dave Yeager said when he moved in he was told that there would be a bridge and trail parallel the creek on the north side of his property and is curious to know why this has changed. Vice Chairperson Kirchoff answered the Park Board makes the decision in regard to the trail placement. Mr. Hapka asked if there were a possibility of Butternut ever becoming a City street. His concern is that the road will stay in the development but the access to Andover Boulevard will not remain. He would not like to see Butternut become a City street, as it would increase traffic among the town home development. Vice Chairperson Kirchoff answered that this depends on the permits issued by the County. Mr. Bruce Carlson, a developer, said road, trail and park placement are all still being negotiated. \ / Ms. Arlenia Witon expressed concerns about the growth in traffic in Andover, 168 more homes will be added to a street with no sidewalks or shoulders. And, 168 homes will bring more children and the speed limit is 55mph, which is already excessive for the residential area that already exists. She stated she has spent thousands of dollars to save trees from oak wilt. Tree removal in the Spring will damage entire area, and she would like to know who will oversee the protection of these trees, and/or safe removal. Mr. Bednarz said the City has a forester and policies are in place to address oak wilt. Mr. Chris Wallace who lives across from the proposed service road asked if the County would consider a controlled intersection, and is also curious to know about the location of the trail. Mr. Bednarz said the new intersection would require a right turn out, a left turn out, and bypass lanes, and improvements to Andover Blvd. are at the discretion of the Anoka County Highway Dept. Mr. Bednarz explained the location of the proposed trail. Mr. Brian Streger voiced his concern about the security and privacy of his property with the addition of foot bridges. There is already a problem with snowmobiles and four wheelers. More people will bring more temptation to use this open area of his property. He asked what could be done to show that this is privately held property. Mr. Bednarz said he would be talking with park staff as to how to address this issue. Regular Andover Planning and Zoning Commission Meeting Minutes - March 22, 2005 Page 4 Mr. Jeff Johnson said he is in favor of the development. Mr. Mike O'Donnell said the area at the southeast is very susceptible to flooding and if built up will create problems in the development to the south. Commissioner Vatne suggested that the previous questions be answered during the public hearing. Vice Chairperson Kirchoff asked what happens to the development if all of the property does not sell. Mr. Bednarz said if properties do not sell, there is potential for limited development on the east side and the City will be faced with four options: (1) development does not happen, (2) development stops at the East side of the sketch plan (3) development and owners come to an agreement (4) City could deem that this area needs to be developed, and can put utilities through. Commissioner Vatne asked about the wetlands area and if it could be developed. Mr. Bednarz answered that a grading plan would be established, and potentially an amendment to boundaries through FEMA. Developer Mark Smith thanked the residents and Commission for hearing this issue. He expressed the right turn lane on Prairie Road is an unfair expense to the developer as it will not be used by residents of the development. He went on to say the cul-de-sacs on the east side are the result of much planning and meeting and would request that they stay as is. The developer intends to save as many trees as possible, but trees will be lost. Vice Chairperson Kirchoff asked if only one access to Andover Boulevard is allowed, how would the layout change. Mr. Smith said he could possibly create another lot. He went on to object to the park location, and asked that instead of a park that another trail be put in to go to Prairie Knoll Park. Ms. Judy Dvorak asked what is the average lot size. Mr. Bednarz said the minimum lot size is 11,400 square feet. Ms. Jane Streeter asked about the wetland in the southwest area, and how this area could be converted from wetland to buildable. She also asked about the timing for the project. Mr. Bednarz answered FEMA will require an additional review process if floodplain impacts are proposed. There is no answer on the time table for this development, and no application has been made for a preliminary plat. Regular Andover Planning and Zoning Commission Meeting Minutes - March 22, 2005 Page 5 Ms. Karen Swanson asked if easements are opened up for utilities, what would be included. She asked ifthere would be a cost to the property owner in this case. Mr. Bednarz explained that how easements are done is up to the City Council. Ideally it is a road with water and sewer running underneath it. Going against owner preference is the last resort of the City Council, whose preference is to cooperate with owners. Mr. Dave Yeager asked who makes the decision on placement of trails. Mr. Bednarz answered the City Staff makes a recommendation to the City Council, who then make a fInal decision. Mr. Mark Smith asked if owners do not sell, would the utilities be able to be run in the right-of-way for Andover Blvd. Swanson asked at what point does the volume of houses require a road other than Butternut to go to Andover Boulevard. He also asked if other sketches can be submitted for alternate road placement. Motion by Vatne seconded by Casey to close the public hearing at 8:44 p.m. Motion carried on a 4-ayes, O-nays, 3-absent (Daninger, Greenwald, Holthus) vote. Vice Chairperson Kirchoff indicated he would rather not see the two long cul-de-sacs and is reluctant to consider granting any variance at the sketch plan stage. Commissioner Jasper said the sketch plan seems meaningless without knowing what land is involved. If this sketch goes through to preliminary plat, then a solid plan is made without any meaningful input. The long cul-de-sacs seem unnecessary and planning temporary cul-de-sacs seems to give more options even if in reality the option is never exercised. Commissioner Jasper suggested the several unowned outlots adjacent to the property should be owned by someone. He went on to say that there are several existing homes currently on this property and the sketch plan does not incorporate them. Commissioner Vatne said until there is a solid feel about which owners will participate and which will not, it is hard to make recommendation about the sketch plan. Several issues have come up that are not in the jurisdiction of this Commission. He said he is looking for more detail on tree preservation plans from the developer. He is not in favor of granting the cul-de-sac of more than 500 feet, and looks unfavorably on this plan at this time. Commissioner Casey said he is concerned about the floodplain and effect of water on the current homes and the impact on future residents. He is reluctant to hear the request for variance with only a sketch of cul-de-sac. Regular Andover Planning and Zoning Commission Meeting Minutes - March 22, 2005 Page 6 Commissioner Jasper said unless all property is developed; the changes required to the sketch plan will render the current sketch completely useless. Mr. Bednarz said the request was to approve the potential access points to roads. Vice Chairperson Kirchoff closed discussion. Mr. Bednarz stated that this item would be before the Council at the April 5, 2005 City Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT (05-07) TO ALLOW ON AND OFF SALE LIQUOR ON PROPERTY LOCATED AT LOT 5, BLOCK I,ANDOVER CLOCKTOWER COMMONS. Mr. Bednarz explained that the applicant is seeking approval of the application to allow on and off sale liquor for the retail building within Andover Clocktower Commons. Commissioner Vatne asked if the permit is approved would it allow developers to bring in on or off sale liquor suppliers, but each retailer would have to apply and receive their own liquor license. Mr. Bednarz answered that each operator would be required to obtain a liquor license from the City Council and to meet all State and City requirements. Commissioner Casey added this allows the property manager to bring in and advertise space to a variety of tenants. Motion by Commissioner Casey seconded by Commissioner Jasper to open the public hearing at 9:11 p.m. Motion carried on a 4-ayes, a-nays, 3-absent (Daninger, Greenwald, Holthus) vote. There was no public input. Motion by Commissioner Jasper seconded by Commissioner Vatne to close the public hearing at 9:12 p.m. Motion carried on a 4-ayes, a-nays, 3-absent (Daninger, Greenwald, Holthus) vote. Commissioner Jasper has no problem with on sale liquor for full service restaurants; however, putting off-sale liquor stores in proximity to a school creates an inappropriate atmosphere. On the basis of health safety and welfare, he objects to the off sale liquor license. He supports on-sale with the two conditions offered in the letter from the developer. Mr. Darren Lazan said it is his understanding that the application for use permit was project wide, but the case is that the permits are by lot. This development is general Regular Andover Planning and Zoning Commission Meeting Minutes - March 22, 2005 Page 7 \ , / retail, and he wanted general permits so that additional permits do not need to be sought as tenants change. He has interested parties for both on and off sale liquor at this time. The package store would still have to apply for and receive their liquor license. There is a sit down restaurant approved for on sale liquor on lot four. Vice Chairperson Kirchoff thinks it will be a benefit to the project to allow the permit for both on and off sale. Commissioner Casey stated he is more skeptical of the off sale permit and assumed the development would include only sit down restaurants. He is not in favor of a liquor store in the area, but does want to give the property manager as much flexibility as possible. Motion by Commissioner Jasper seconded by Commissioner Casey to recommend to the City Council approval of Resolution No. _, approving the conditional use permit for the on-sale of liquor for lot 5 excluding the permit for off sale liquor, with the following two conditions: (1) There will be no signage for tenants serving or selling alcohol for on- sale or off-sale consumption allowed on the west elevation of the building. Excluded from this requirement would be one sign for the trade name allowed along side other tenants within the existing sign band. (2) On sale uses will be incidental to the primary service of food by the perspective of the tenant. (3) Establish a threshold of 10% by revenue as compared to the 50% ordinance requirement. Motion carried on a 3-ayes, 1- nay (Kirchoff), 3-absent (Daninger, Greenwald, Holthus) vote. Mr. Bednarz stated that this item would be before the Council at the AprilS, 2005 City Council meeting. Mr. Darren Lazan asked for the specific findings to not allow the off sale permit. Commissioner Jasper answered the Commission was asked to make a recommendation based on the health and welfare of the community. The high volume of traffic from minors in the area due to schools, YMCA, and other tenants in development makes this location inappropriate for an off-sale liquor retailer. PUBLIC HEARING: REZONING (05-03) TO CHANGE THE ZONING DESIGNATION FROM R-1, SINGLE FAMILY RURAL RESIDENTIAL TO R-4 SINGLE FAMILY URBAN RESIDENTIAL FOR PROPERTY LOCATED AT 665 140TH LANENW. Mr. Bednarz asked that the Commission hear the Staff recommendations for items 5, 6, and 7 at one time. Mr. Vrchota summarized the staff reports for the rezoning, lot split, and conditional use permit. Regular Andover Planning and Zoning Commission Meeting Minutes - March 22, 2005 Page 8 Motion by Commissioner Vatne seconded by Commissioner Casey to open the public hearing for items 5, 6, and 7 at 9:37 p.m. Motion carried on a 4-ayes, O-nays, 3-absent (Daninger, Greenwald, Holthus) vote. Mr. Kevin Denekamp explained he plans to build a second home on the property and is willing to make all of the Staff recommended improvements to the property as conditions of the rezoning, lot split and conditional use permit. Motion by Commissioner Vatne seconded by Commissioner Casey to close the public hearing at 9:29 p.m. Motion carried on a 4-ayes, O-nays, 3-absent (Daninger, Greenwald, Holthus) vote. Motion by Commissioner Vatne seconded by Commissioner Jasper to recommend to the City Council approval of Resolution No. _, approving the rezoning to change the zoning designation from R-1, Single Family Rural Residential to R-4 Single Family Urban Residential for property located at 1341 161 st Avenue NW. Motion carried on a 4- ayes, O-nays, 4-absent (Daninger, Greenwald, Holthus) vote. Mr. Vrchota stated that this item would be before the Council at the April 19, 2005 City Council meeting. PUBLIC HEARING: LOT SPLIT (05-07) TO CREATE TWO URBAN RESIDENTIAL LOTS FROM PROPERTY LOCATED AT 665 140TH LANE NW. Motion by Commissioner Vatne seconded by Commissioner Casey to recommend to the City Council approval of Resolution No. _, approving the Lot Split to create two urban residential lots from property located at 665 140th Lane NW. Motion carried on a 4-ayes, O-nays, 3-absent (Daninger, Greenwald, Holthus) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT (05-06) TO RETAIN EXISTING GARAGE PRIOR TO CONSTRUCTION OF PRINCIPAL STRUCTURE AT 665 140TH LANE NW. Commissioner Vatne stated he would prefer to see the garage door not facing the neighboring property. He commented that it's important that the garage be facing a proper direction. Motion by Commissioner Vatne seconded by Commissioner Casey to recommend to the City Council approval of Resolution No. _, approving the Conditional Use Permit to retain existing garage prior to construction of principal structure at 665 I40th Lane NW with the condition that the garage doors be moved to face southwest or to remove the garage. Motion carried on a 3-ayes, I-nay (Jasper), 3-absent (Daninger, Greenwald, Holthus) vote. , / Regular Andover Planning and Zoning Commission Meeting Minutes - March 22, 2005 Page 9 . ,. Mr. Bednarz stated that this item would be before the Council at the April 19,2005 City Council meeting. PUBLIC HEARING: REZONING (05-04) TO CHANGE THE ZONING DESIGNATION FROM R-1, SINGLE FAMILY RURAL RESIDENTIAL TO R-4 SINGLE FAMILY URBAN RESIDENTIAL FOR PROPERTY LOCATED AT 1341 161sT A VENUE NW. Mr. Cross asked the Commission to hear items 8 and 9 together and gave a summary of the staff reports. The Commission recessed at 9:44 p.m. so the cable videotape could be changed. Commission reconvened at 9:50 p.m. Motion by Commissioner Jasper seconded by Commissioner Vatne to open the public hearing at 9:51 p.m. Motion carried on a 4-ayes, a-nays, 3-absent (Daninger, Greenwald, Holthus) vote. There was no public input. Motion by Commissioner Jasper seconded by Commissioner Vatne to close the public hearing at 9:52 p.m. Motion carried on a 4-ayes, a-nays, 3-absent (Daninger, Greenwald, Holthus) vote. Commissioner Jasper asked if this plan is as presented in the ghost plat seen by the Commission in the past. Mr. Bednarz answered essentially yes. Motion by Commissioner Vatne seconded by Commissioner Casey to recommend to the City Council approval of Resolution No. _, approving the rezoning to change the zoning designation from R-l, Single Family Rural Residential to R-4 Single Family Urban Residential for property located at 1341 16151 Avenue NW. Motion carried on a 4- ayes, a-nays, 3-absent (Daninger, Greenwald, Holthus) vote. Mr. Cross stated that this item would be before the Council at the April 19,2005 City Council meeting. PUBLIC HEARING: PRELIMINARY PLAT OF A SINGLE FAMILY URBAN RESIDENTIAL DEVELOPMENT TO BE KNOWN AS EMMERICH ESTATES LOCATED AT 1341161sT AVENUENW. , " Mr. Cross asked that the variance for the length of the cul-de-sac at Country Oaks West be added to this development. Regular Andover Planning and Zoning Commission Meeting Minutes - March 22, 2005 Page 10 Commissioner Vatne asked if the denotation of the existing trees was accurate. Applicant Mr. Mike Brown said the extent of the trees follow the edge of the wetlands. The plan is to protect the trees in Lots 4 and 5. Commissioner Vatne asked if Lots 1,2, and 3 are being cleared of trees. Mr. Mike Brown answered yes. Commissioner Vatne stated the City policy is to have developers use custom grading, but this development is clearing Lots 1, 2, 3 and most of 4. Mr. Bednarz said he can work with engineer and applicant to save as many trees as possible. There can be a step beyond this plat, when the building permit is issued, to look at each lot and the individual trees and grading requirements. Mr. Brown explained the height of the road makes tree preservation a challenge. Attempts are being made to save the old growth trees in the area. , / Motion by Commissioner Jasper seconded by Commissioner Casey to recommend to the City Council approval of Resolution No. _, approving the Preliminary Plat of a single family urban residential development to be known as Emmerich Estates located at 1341 161 st Avenue NW, amended with the variance for the cul-de-sac from Country Oaks. Motion carried on a 4-ayes, O-nays, 3-absent (Daninger, Greenwald, Holthus) vote. Mr. Bednarz stated that this item would be before the Council at the April 19, 2005 City Council meeting. WORK SESSION: a. Zoning Ordinance update i. City Code 12-13 Uses ii. City Code 12-13 1 B Animals iii. 12-14 Performance Standards The Work Session was tabled to a later date. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. \ J Regular Andover Planning and Zoning Commission Meeting Minutes - March 22, 2005 Page 11 ADJOURNMENT. Motion by Commissioner Vatne seconded by Commissioner Casey to adjourn the meeting at 10:16 p.m. Motion carried on a 4-ayes, O-nays, 3-absent (Daninger, Greenwald, Holthus) vote. Respectfully Submitted, Nicole Hasewinkle, Recording Secretary TimeSaver Off Site Secretarial, Inc.