Planning & Zoning

PLANNING AND ZONING COMMISSION REGULAR MEETING – DECEMBER 8, 2020 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bert Koehler IV on December 8, 2020, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Karen Godfrey, Mary VanderLaan, Scott Hudson (remote), Nick Loehlein (remote), Marni Elias (remote), and Wes Volkenant Commissioners absent: None Also present: Community Development Director Joe Janish City Planner Peter Hellegers Associate Planner Jake Griffiths Others PLEDGE OF ALLEGIANCE Associate Planner Griffiths explained the meeting process and mask mandate pertaining to public meetings. APPROVAL OF MINUTES November 24, 2020 Regular Meeting Mr. Griffiths requested a change to Page 8 line 24 and 25: “Mr. Griffiths said the utilities will move from west to east.” Motion by Godfrey, seconded by Volkenant, to approve the November 24, 2020 Regular Meeting Minutes as amended. Motion was taken by roll call: Volkenant - aye Koehler - present Godfrey - aye Hudson - aye Elias – aye VanderLaan -present Loehlein - aye Motion carries 5 ayes, 2 present (Koehler and VanderLaan) Regular Andover Planning and Zoning Commission Meeting Minutes – December 8, 2020 Page 2 PUBLIC HEARING: Interim Use Permit — Mining & Land Reclamation — PID# 07- 32-24-34-0002 — Darren Lazan (Applicant) Associate Planner Griffiths stated the Commission is asked to review an Interim Use Permit for Mining and Land Reclamation for the Meadows at Petersen Farms. Mr. Griffiths identified the location of the property and reviewed the background of the Meadows of Petersen Farms. He stated the applicant is requesting an Interim Use Permit (IUP) for the creation of a 100,000 cubic yard stockpile of fill that would be located outside of the plat boundary which would be utilized during future phases of development. Mr. Griffiths explained since the applicant is proposing land reclamation utilizing in excess of 400 cubic yards, an IUP is required pursuant to City Code 12-16-1 and 12-16-2. Mr. Griffiths stated the City attempts to give applicants flexibility in cases such as these and has proposed the ability to store 120,000 cubic yards of fill and set the expiration date on December 15, 2025. Mr. Griffiths presented the draft grading plan for the proposed stockpile and showed photos of what it looks like. He stated the City has standards for the type of fill, the haul route of trucks, and erosion control. Commissioner Volkenant asked Nov 9 memo – stated the IUP expires as Phase 3 begins. Mr. Griffiths states staff works with the applicant to set a reasonable date. The applicant requested that it expire as Phase 3 begins and the City set a specific date so if Phase 3 has not begun, the applicant will need to return to the City and apply again. Chairperson Koehler stated the City has proposed a buffer of 20% and asked if the area storing the fill is capable of accommodating the extra fill. Mr. Griffiths replied it is capable. Motion by VanderLaan, seconded by Godfrey to open the public hearing at 7:42 p.m. Motion was taken by roll call: Godfrey - aye Koehler – aye VanderLaan - aye Volkenant - aye Hudson - aye Elias - aye Loehlein - aye Motion carries unanimously. Jason Osberg, with JD Andover Holdings, came forward and stated he is the applicant with Darren Lazan. He stated is present for any questions and affirms the facts in the staff report. He explained he is hoping to build Phase 3 in 2023. Commissioner VanderLaan stated she had residents asking her about the timetable for the Regular Andover Planning and Zoning Commission Meeting Minutes – December 8, 2020 Page 3 destruction of the buildings. Mr. Osberg stated it will likely be mass destruction in a short amount of time. He said he does not know when it will happen. He explained the buildings are weathered and decayed. He said he is working closely with the Petersen family on the timetable. Motion by Volkenant, seconded by Godfrey, to close the public hearing at 8:17 p.m. Motion was taken by roll call: Godfrey - aye Koehler – aye VanderLaan - aye Volkenant - aye Hudson - aye Elias - aye Loehlein - aye Motion carries unanimously. Motion by VanderLaan, seconded by Elias, to recommend approval of a Resolution Granting an Interim Use Permit for Mining and Land Reclamation at PID# # 07-32-24- 34-0002. Motion was taken by roll call: Godfrey - aye Koehler – aye VanderLaan - aye Volkenant - aye Hudson - aye Elias - aye Loehlein - aye Motion carries unanimously. Mr. Griffiths stated the item will go to the City Council on December 15. PUBLIC HEARING: SKETCH/PUD CONCEPT PLAN - PID# 30-32-24-43-0001 — CAPSTONE HOMES, INC. (APPLICANT) 2020 Associate Planner Griffiths stated the Commission is asked to review the sketch plan, provide comments to the applicant, and conduct a public hearing for Capstone Homes. Mr. Griffiths identified the location of the proposed development. Motion by VanderLaan, seconded by Godfrey, to recess at 7:22 p.m. Motion was taken by roll call: Godfrey - aye Koehler – aye VanderLaan - aye Volkenant - aye Hudson - aye Regular Andover Planning and Zoning Commission Meeting Minutes – December 8, 2020 Page 4 Elias - aye Loehlein - aye Motion carries unanimously. Chairperson Koehler reconvened the meeting at 7:29 p.m. Mr. Griffiths identified the location of the proposed development on the south side of Bunker Lake Boulevard. He reviewed the definition and purpose of a PUD and sketch plan. Mr. Griffiths gave background information on the Comprehensive Plan, density requirements, and how it relates to the current development proposal. He stated the area is zoned for Urban Residential Medium which is 8 to 12 units per acre and the development is proposing 5.78 units per acre. Mr. Griffiths showed the access points, the utility connections, tree preservation plan, screening and buffering plan, and stormwater management. Mr. Griffiths showed the PUD Review Criteria and presented the proposed PUD standards. He stated they are requesting changes to the lot depth and width, cul-de-sac length, and setbacks. Mr. Griffiths displayed an updated sketch plan to the Commission. He stated the density of 5.78 units per acre is an issue and staff are looking at solutions to meet the Met Council’s density goal. Mr. Griffiths stated solutions include to transfer the density shortage to the north side of the property or go through a Comprehensive Plan Amendment. Mr. Griffiths pointed out the Fire Department comments and their concern about servicing the area if there is no left turn in lane. Commissioner Godfrey commended staff and the developer for the 40-foot buffer along Bunker Lake Boulevard. She asked Mr. Griffiths to discuss the loss of trees and drainage into the existing pond. Mr. Griffiths stated there needs to be access to the pond and he is not sure if there are trees that will need to come down. Commissioner Volkenant asked Mr. Griffiths to share why there cannot be a connection to Anoka on 41st Avenue. Mr. Griffiths stated the Park and Recreation recommended cash in lieu of land for Park Dedication Fees. Mr. Griffiths stated the City of Anoka passed a resolution in 2011 that prohibits the access of Andover to 41st Avenue and Anoka utilities. Commissioner Volkenant asked if the City has had conversations with the County about a left turn lane into the development off of Bunker. Mr. Griffiths stated the City has talked to the County and replied the City and County agree that a ¾ access can be provided to the property. Commissioner VanderLaan asked why staff did not present a plan showing what an R-4 plat would look like, like they have done previously. Mr. Griffiths replied the property is currently zoned M-2, multiple dwelling, so there is no need to present that information. Regular Andover Planning and Zoning Commission Meeting Minutes – December 8, 2020 Page 5 Commissioner Elias commented that a ¾ turn is extremely important along with access from the west end for emergency response. Commissioner Volkenant stated he thought this area of Andover was slated for high density and the proposed development is not meeting the minimum density. He asked staff to provide the impact this will have on the north property if the density were to be transferred. Mr. Griffiths stated the shortage of density has to be made up somewhere in order to meet the Met Council’s requirements. He stated a transfer is an option which would make the density on the northern property higher. Commissioner Volkenant asked what the density of the north property would be to meet the requirement. Mr. Griffiths replied the north property would need to add 18.5 units to meet the density requirements. Motion by VanderLaan, seconded by Volkenant to open the public hearing at 7:58 p.m. Motion was taken by roll call: Godfrey - aye Koehler – aye VanderLaan - aye Volkenant - aye Hudson - aye Elias - aye Loehlein - aye Motion carries unanimously. Chairperson Koehler explained the process to the public stating this is an opportunity to gather information to provide feedback to the developer and no decisions will be made. Tom Bakritges, with Capstone Homes, came forward to make a presentation to the Commission. He described the Liberty detached townhome product, the site plan, and offsite costs. He stated the demand for this product is high and has sold successfully in other communities. He stated they are priced in the low $300,000 and HOA maintained. Mr. Bakritges presented each townhome product and described the benefits of each. He discussed the setbacks and density. Mr. Bakritges stated it was important to provide trail access to the high school, parks, and library. He discussed the tree preservation plan and landscape buffering. Mr. Bakritges stated the offsite costs include the watermain loop and he would like the City to consider area wide sharing or a split with the north property. Mr. Bakritges stated when Bunker was improved, the ¾ access was not built constructed. He stated the costs will be remarkably high if they are required to provide this access. He gave examples of many other streets along Bunker that have right in right out access. He said it is not feasible for Capstone to build the access. Mr. Bakritges discussed the density and stated the transfer is feasible. He stated Capstone is applying for a PUD so they can provide a quality product with a reasonable density. Regular Andover Planning and Zoning Commission Meeting Minutes – December 8, 2020 Page 6 Mr. Mattson, 824 41st Avenue in Anoka, came forward on Zoom and stated he was concerned about what is going in across the street from him. He said he likes the homes and no longer has concerns. Commissioner Volkenant asked if Capstone has attached townhomes to meet the density requirement. Mr. Bakritges stated they do not provide attached townhomes. Commissioner VanderLaan asked what Mr. Bakritges meant when he asked the City to consider area wide sharing for the watermain loop. Mr. Bakritges stated the City has area wide fees for the water system and asked that it be funded through the trunk fees. Commissioner Godfrey stated she heard different numbers for the right-of-way and asked him to clarify the number. Mr. Bakritges stated they originally proposed a 50-foot right- of-way and the City requested a 60-foot right-of-way. He stated they made the change and as a result, the properties on the east side were reduced in depth by 5 feet. Commissioner Hudson stated the ¾ access is something that needs to be constructed and asked if $3,000 per lot was too high of an impact. Mr. Bakritges stated it is a fair assessment. He said Bunker Lake Boulevard has set a precedent for right-in and right-out, especially for a small development like this. Commissioner Hudson asked how Mr. Bakritges feels about a ¾ access to the property to the north since it is higher density. Mr. Bakritges stated the north side is guided commercial along Bunker and 7th. He stated an apartment building is planned and they will need access due to their density. Commissioner Loehlein stated he feels the ¾ turn is important and said the County and City will make the final determination. He stated he likes the product that is proposed. Commissioner Elias stated it is not easy for a fire truck to make a U-turn and feels the ¾ turn is important. Mr. Bakritges stated it is unfortunate that the City of Anoka is not allowing access to 41st Avenue which could solve the problem of access and utilities. Chairperson Koehler asked Mr. Bakritges if the HOA covers snowplowing. Mr. Bakritges stated snowplowing is not proposed. Chairperson Koehler asked if the HOA supervises architecture and landscaping. Mr. Bakritges replied yes. Mr. Griffiths stated staff received an email Jodi Hicks-Trick, Anoka, asking 10 questions: 1. Where will the stormwater go? Stormwater will run to the basin located to the east in the City of Andover. 2. Will visitors park on the street and on 41st Avenue? Staff will have a conversation about where visitors will park, but the City of Anoka determines parking on their streets. Regular Andover Planning and Zoning Commission Meeting Minutes – December 8, 2020 Page 7 3. This development will put extra traffic on Bunker Lake Boulevard. Staff replied– without having access to 41st in Anoka, there is no other option. 4. Andover doesn’t have a police force and it will place the burden on Anoka Police and residents. Andover does have a police force, contracted through Anoka County Sheriff’s Department. 5. Are dogs allowed? The decision is up to the HOA. 6. What will happen to the fence? The fence will remain. 7. Why wasn’t this area zoned single family housing? The area is zoned single family with a higher density product. 8. Question on the notification process. Staff followed City Code and goes above what the State requires. Mr. Griffiths stated the other questions were answered by the presentation. Commissioner Volkenant asked Mr. Bakritges if visitors would be able to park on 41st Avenue if there is a fence and no access. Mr. Bakritges stated the fence and tree line are to remain. He said the residents will not be able to cross to 41st Avenue. Commissioner Volkenant stated he is strongly in favor of ¾ access. He explained the other right-in and right-out streets on Bunker are serviced by a fire station that comes in from the direction of making a right turn. He stated since there is not a secondary access, he supports a ¾ access. Steve Bono, Capstone Homes, came forward and stated the ¾ access is an issue up for discussion. He said it is quite common for U-turns to be made on Bunker Lake Boulevard and common in many other cities. He asked that they be treated like other areas along Bunker Lake Boulevard. Motion by Hudson, seconded by Godfrey, to close the public hearing at 8:50 p.m. Motion was taken by roll call: Godfrey - aye Koehler – aye VanderLaan - aye Volkenant - aye Hudson - aye Elias - aye Loehlein - aye Motion carries unanimously. Chairperson Koehler summarized the Commission’s concern about the ¾ access turn. Commissioner Elias commented that the right-in and right-out streets on Bunker have a secondary access point. She stated one way in and out is very dangerous and the cost is minimal compared to safety. Chairperson Koehler agreed and stated a revised plan with a ¾ turn is highly recommended. Commissioner VanderLaan stated when precedence is looked at, it does not mean that it was done right. She stated the City has high standards and safety is a priority. Regular Andover Planning and Zoning Commission Meeting Minutes – December 8, 2020 Page 8 Chairperson Koehler asked for comments on the density of the project. Commissioner Volkenant stated the product is a lovely one, but he does not understand why this development is going in this location. He said the City has an issue with density and it’s going to have to make up for it somewhere. He stated he does not support transferring the density to the north property. He stated the area is built for higher density living aimed at a younger demographic. Commissioner Godfrey stated Andover has struggled with density and has designated this area for higher density. She stated the City is fortunate to have a high-quality builder providing a high-quality product. She believes it is possible to transfer the density to the north property and still provide a good product. Commissioner Godfrey stated it is perfectly reasonable. Commissioner VanderLaan stated she agrees with Commissioner Godfrey. She said nowhere else in the City can they transfer density in this manner, and she is in favor of the swap. Chairperson Koehler stated he thinks there needs to be more discussion about how this will impact the north property and what it will look like. Chairperson Koehler stated if staff believes the swap can be made, then he is supports it. Mr. Griffiths replied the plan presented tonight is the most efficient you will get with a detached product. He stated if you move the units to the north side may result in a small apartment building to meet the density. Chairperson Koehler stated the north property has two access points, one off Bunker and one off 7th and can handle the higher density. Chairperson Koehler asked if visitor parking was an issue. Commissioner VanderLaan stated the parking issue is moot because the street is standard width and allows for parking. Chairperson Koehler asked where the snow will be placed in this neighborhood. Mr. Griffiths stated the City encouraged the wider right-of-way to accommodate the snow and satisfies City staff. Commissioner Volkenant asked whose responsibility is it to care for the stubs off the main road. Mr. Griffiths stated the issue has been resolved. Mr. Griffiths stated the item will go to the City Council on Tuesday, December 15, 2020. OTHER BUSINESS Mr. Griffiths updated the Commission on the plan they reviewed at their last meeting. Regular Andover Planning and Zoning Commission Meeting Minutes – December 8, 2020 Page 9 Mr. Griffiths stated the Commission has a tentative meeting on January 12, 2021. Chairperson Koehler thanked Commissioner Godfrey for running the meetings while he was absent. He wished everyone a happy holiday. No other business. ADJOURNMENT Motion by Volkenant, seconded by VanderLaan, to adjourn the meeting at 9:13 p.m. Motion was taken by roll call: Godfrey - aye Koehler – aye VanderLaan - aye Volkenant - aye Hudson - aye Elias - aye Loehlein - aye Motion carries unanimously. Respectfully Submitted, Shari Kunza, Recording Secretary TimeSaver Off Site Secretarial, Inc.