Planning & Zoning

PLANNING AND ZONING COMMISSION REGULAR MEETING DECEMBER 13, 2022 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Karen Godfrey on December 13, 2022, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Bert Koehler IV, Nick Loehlein, Scott Hudson, Mary VanderLaan, Wes Volkenant, and Jonathan Shafto Commissioners absent: None Also present: Community Development Director Joe Janish City Planner Peter Hellegers Others PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES November 22, 2022 Regular Meeting City Planner Hellegers noted a change to the minutes on page 2, line 6: change “condition” to “conditional”. Motion: by Loehlein, seconded by Hudson, to approve the November 22, 2022 Regular Meeting minutes as amended. Motion carries 6 ayes and 1 present (Koehler). PUBLIC HEARING: CONDITIONAL USE PERMIT – AMENDMENTS TO THE PETERSEN FARMS PLANNED UNIT DEVELOPMENT TO INCORPORATE THE Regular Andover Planning and Zoning Commission Meeting Minutes – December 13, 2022 Page 2 THIRD PHASE OF THE PETERSEN FARMS DEVELOPMENT KNOWN AS LEGACY AT PETERSEN FARMS – JD ANDOVER HOLDINGS (APPLICANT) The Planning & Zoning Commission is requested to hold a public hearing and make a recommendation to the City Council on a Condition Use Permit (CUP)/Planned Unit Development (PUD) amendment for the third phase of the Petersen Farms development known as Legacy at Petersen Farms. Community Development Director Janish identified the location of the development and stated it is not in the MUSA. Phase Three of the development will consist of 33 lots over 75 acres. The area has wetland, flood plain, and shoreline. Mr. Janish provided options for access points and roads. He stated there is no funding for the roundabout (Roanoke/165th Avenue) and the County will allow a right-in right-out on County Road 7. Mr. Janish explained the County is seeking funding from the Met Council for a roundabout at 165th Avenue and 7th Avenue. Mr. Janish stated Phase Three is in the Shoreland Development area and provides for 51% open space. He stated the Park and Recreation Commission did not have an issue with the reduction in open space and recommended the HOA maintain the open space while the trails are deeded to the City. The Park and Recreation Commission recommended cash in lieu of land for Park Dedication requirements. Mr. Janish displayed a map showing back-to-back 100-year rain events and stated lots 4 and 5 were impacted and under the minimum lot size. He identified the changes between the original Master Plan and the proposed Phase Three. He stated the applicant is working on the Stormwater Plan which consists of 2000 pages. Mr. Janish announced there were two public comments received via email and an updated transportation plan provided as supplemental items to the Commission. Commissioner Loehlein asked if the .32 average density included future phases. Mr. Janish stated it does include future phases. Commissioner Loehlein asked the average density for the first three phases. Mr. Janish stated some phases may be denser and since it is a PUD, the average is taken over all phases. Commissioner Loehlein stated the applicant is asking for a cul-de-sac that is nearly two times what is allowed in City Code and the Fire Department is asking for emergency access. He asked where the access would be. Mr. Janish identified the potential access and stated it would go through a sensitive area. Regular Andover Planning and Zoning Commission Meeting Minutes – December 13, 2022 Page 3 Commissioner Volkenant asked if the existing one-lane farm road would be expanded to a two-lane road. Mr. Janish stated the road would be constructed to City standards and have right-in, right-out access. He stated the plan is to use the farm road as an emergency access and have a gate at the end of the temporary cul-de-sac. Chairperson Godfrey asked at what point will the City forgo Option B and move to Option C. Mr. Janish explained the decision will be made by the City Council, but Engineering has talked about a 20-year time period to get funding for the roundabout. He stated money will be placed in escrow as part of Phase Three along with easements for drainage, utility, and trails. Commissioner Koehler asked if emergency services have reviewed the length of the cul- de-sacs. Mr. Janish stated the Fire Department is looking for emergency access at location A. He explained D is a permanent emergency access and the Fire Department requested access point C. Mr. Janish stated the applicant had constructed long cul-de-sacs in earlier phases and did not have to provide additional emergency access. Commissioner Koehler noted there are no notes from the Fire Department, however they have weighed in. Motion: Chairperson Godfrey assumed a motion to open the Public Hearing at 7:33 p.m. The motion carried by unanimous consent. Darren Lazan, representing JD Andover Holdings, came forward and stated they are looking forward to Phase Three. Phase One and Phase Two were very successful and they are happy with the home builders. Mr. Lazan stated Phase Three will bring $100 million of new improvements to Andover. Mr. Lazan stated the project has received waivers for cul-de-sacs exceeding 500 feet. He stated City Code has the same standard for cul-de-sacs in the urban and rural areas. The rural area will get fewer homes on that length of cul-de-sac. He noted that one cul-de-sac contains 4 lots and the other contains 6 lots, substantially less than an urban cul-de-sac. Mr. Lazan stated the request for emergency access came from a new Fire Chief and the applicant would like to have Phase Three be consistent with the other Phases. He said if the waiver is not approved, they will shorten the length of the cul-de-sac because constructing a road is very expensive and the City of Andover will have to maintain it. Mr. Lazan stated their preference is to have Option B for the access point with a roundabout. He explained Option C will be provided as an emergency access point with the goal of constructing Option B. He noted they are providing easements and escrow for the connection. Regular Andover Planning and Zoning Commission Meeting Minutes – December 13, 2022 Page 4 Mr. Lazan stated there is one lot that is .75 acres and another that is .99 acres due to the calculation of back-to-back 100-year events, which occur every thousand years. Commissioner Loehlein stated the long trail along 170th is not ideal. He would have liked to see the issue of emergency access addressed by the applicant. Commissioner Volkenant asked if the snaking access off the 170th cul-de-sac was discounted. Mr. Lazan explained the process they take from schematics to design, to construction. He stated they made the decision to drop the roadway because it went through a sensitive area, the soil is poor, and it wasn’t a critical connection. He stated there is a possibility a connection could be made, and they will provide an easement. Commissioner Volkenant asked if Option B was an extension of the street. Mr. Lazan stated prior to Option B and C being constructed, the farm road will act as a temporary emergency access with a gate at the cul-de-sac. He stated the final connection will be a full City street to either the possible future roundabout or to the east connecting to 7th Street. Mr. Lazan stated the developer is providing easements for all three options. He stated all parties agree that a roundabout is the best option. Mr. Janish summarized the two comments received by email. Email 1: Stacy Thompson stated concerns about traffic and near accidents. She wanted a timeline of when the roundabout on County Road 7 would be constructed. Ms. Thompson was also concerned about how well and sewer will impact natural resources. Email 2: Michael Aldrich and Scott Warneke (Timber River Estates) requested future improvements when 170th Avenue is constructed, such as turn lanes. They are requesting the need for corresponding berms. Mr. Janish stated he will respond to the email. He explained the County is responsible for the intersection of 170th and Roanoke and he will share their comments with the County. Mr. Janish stated the City received some phone calls inquiring about the project, but no public comments. Hope Luedtke, 16932 Jivaro Street NW, came forward and stated she has concerns about this project moving forward. She said the assumption is that the 425 acres is owned by the developer and she does not believe it is true. Ms. Luedtke stated a lot of things are being changed under the assumption that future development will occur. She said the Regular Andover Planning and Zoning Commission Meeting Minutes – December 13, 2022 Page 5 roads in Phases One and Two fell short and what is approved tonight may not be what gets built. Ms. Luedtke encouraged the Commission to look at the 2018 plan and see how much it differed from what is presented. She said she would have felt bullied if she was on the Park Commission with the information that was presented and the pressure to make a decision. She suggested the Planning Commission watch the Park Commission meeting before making a decision. Ms. Luedtke understands the area is going to be developed and she wishes there weren’t as many lots. She asked the Commission to hit the pause button and let the roundabout be constructed prior to Phase Three. She said it is a matter of when there is going to be another fatality on 7th Avenue. Ms. Luedtke does not feel it is smart to only have one way in and out with the number of homes going in. Kelly Gothier, 16451 Makah Street, came forward and stated he has seen fatalities at the intersection as well as near misses. He stated building 33 homes without the roundabout will result in a fatality every year if not every other year. He said the development has one way in and one way out. Mr. Gothier stated people will be dying because the City didn’t put in the roundabout first. Bud Holst, 4276 165th Avenue NW, came forward and stated the Transportation Study done in 2019 is not worth the paper it is printed on. Mr. Holst stated the plan made no sense to him in 2020 and makes less sense now. He asked why there was a report on a ream of paper, and the public just received a 12-minute presentation. He hopes the Commission can slow the development down. Mr. Holst stated they have seen a lot of severe and fatal accidents. He stated there should be more access to County Road 7. Mr. Holst stated the smart thing to do is delay the development for several years until the roundabout is constructed. He suggested the roadways be 60 feet wide instead of 45 feet wide. Adi McDonald, 16927 Jivaro Street, came forward and stated her concerns are for public safety. She asked why there are continuing variances of approval for things that have not been approved of before. Ms. McDonald stated she had to wait 10 minutes because of the construction equipment being moved around due to the homes along Inca. She stated she is a nurse at Mercy Hospital, and it is beyond capacity. She does not want to be the one to get into an accident and wait at the hospital because there isn’t space to be seen. Ms. McDonald said Valley Drive looks very different than a year ago because of the new power poles to support the growth. Darren Lazan, JD Andover Holdings, came forward to respond to the public comments. He stated it is typical that a developer does not own the entire 400 acres but purchases them in chunks. He stated the PUD runs with the land, not the developers. Mr. Lazan Regular Andover Planning and Zoning Commission Meeting Minutes – December 13, 2022 Page 6 stated the Petersen family has signed off on Phase Three. Mr. Lazan stated the Park Commission did not want land, as they don’t want any more pocket parks. He addressed the access point and stated there are many options other than going to County Road 7. Mr. Lazan stated the traffic concern is a bigger issue than the development. He explained the County reviewed the plan and stated there is adequate capacity on County Road 7. Mr. Lazan stated the applicant is asking for waivers, not variances. He stated they chose a PUD and it is a proper way to propose this development and go through approvals as is developing according to the standard City Code. Mr. Janish explained the 2000-page document was related to stormwater information which is tied to the preliminary plat and reviewed by multiple agencies. He stated the Commission receives comments and not the full document. Kelly Gothier, 16451 Makah Street NW, came forward and stated the options provided by Mr. Lazan are miles out of their way to avoid getting killed going out on County Road 7. Hope Luedtke, 16932 Jivaro Street NW, came forward and asked Mr. Janish to display the map supposedly sent to surrounding residents. She asked why Jivaro Street was not on the map. She stated the map with the trails was not on the map sent to residents. Ms. Luedtke stated the developer doesn’t own the property for the trail and is using it for marketing. Jason Osberg, JD Andover Holdings, 15356 Yukon Street NW, came forward and stated he is the co-applicant. Mr. Osberg stated Jivaro Street is on the County GIS system on the Anoka County Website. He said they could add Jivaro to the PUD. He stated he met with the McDonalds and the Luedtkes and told them they would be marketing the trails. He explained the map shows the overall master plan for the development. Mr. Osberg stated the marketing materials will show the trail ending at the end of Phase Three, however, the Master Plan will show the full trail. Darren Lazan, JD Andover Holdings, came forward and stated these items are in the PUD and the Petersen’s are signors on the application and binding their land with these conditions. He explained the connection to Martins Meadows is shown on the City’s Trail Master Plan. Commissioner Koehler asked about the new power lines. Mr. Janish explained Connexus is working on two different projects to handle the growth in Andover as well as growth further north. He stated the lines are larger and carry more power. Mr. Janish stated they Regular Andover Planning and Zoning Commission Meeting Minutes – December 13, 2022 Page 7 shifted the lines to the other side of the roadway because Anoka County is looking at making roadway improvements in the future. Commissioner Volkenant asked when the 2022 traffic study was conducted. Mr. Lazan stated the original study was conducted in May of 2019 and assumed 12 fewer homes than what was proposed in Phase Two and Three. He explained they took the MNDOT data in 2021 for trip counts and reanalyzed turning movements. They found no difference to adjust to the additional 12 homes. Mr. Lazan stated the County did a similar analysis and reached the same conclusion. Bud Holst, 4276 165th Avenue NW, came forward and stated the road is foggy in the summer and fall. He asked why they wouldn’t put a tube on the street a couple times a year. He said County Road 7 is very busy and dangerous. Mr. Holst asked for a new study and to hold off development, as safety is first. Adi McDonald, 16927 Jivaro Street, came forward and stated she is concerned about the one access point for Phases Two and Three. She stated there are no turn lanes from 165th to Inca. She said the additional homes using Inca is a concern adding more vehicles to one access point. Motion: by Koehler, seconded by Loehlein, to close the public hearing at 8:38 p.m. Motion carries unanimously. Commissioner Koehler referred to page 18 of the Commission packet, with roadways being narrower. He asked if it has been reviewed by emergency services. Mr. Janish explained the road meets minimum standards for ribbon curbing and asphalt. Commissioner Hudson asked if 166th Avenue was going to have a permanent cul-de-sac. Mr. Janish stated the City is asking for a cul-de-sac designed to permanent standards, however, there may be an opportunity to extend the road in the future, depending on financial feasibility. Commissioner Hudson asked for the distance from Mahak Street to the cul-de-sac. Mr. Janish stated temporary cul-de-sacs do not count as 500 feet. Commissioner Hudson asked if the County was okay with Option C. Mr. Janish stated the County is okay with Option C, however, prefer a connection to the future roundabout. Commissioner Hudson asked how long the City and County are willing to sit on the roundabout. Mr. Janish stated Engineering indicated a 20-year time period. Commissioner Hudson asked how the City escrows for road improvements 20 years out. Mr. Janish stated Engineering provides the dollar amount for the applicant escrow. Regular Andover Planning and Zoning Commission Meeting Minutes – December 13, 2022 Page 8 Commissioner Hudson stated the intersection is controlled by the County and asked if residents can attend County meetings and have their voices heard there. Mr. Janish responded there are meetings residents can attend at the County level. Commissioner Volkenant stated the County Transportation Committee meetings are twice a month, typically on Mondays at 8:30 a.m. with 2 minutes allowed per person for public comments. Noting the comment about congestion on Inca, Commissioner Volkenant asked if Inca is a wider street than the other streets as it appeared to be on the big fold-out map. Mr. Janish doesn’t believe Inca is wider. He stated the problems traversing Inca are the construction equipment for the homes that are being built. Commissioner Volkenant stated homes are under construction, so the City does not have a strong handle on the real traffic flow from Phases One and Two. He asked for a summary of the 2022 Traffic Study. Mr. Janish stated the 2019 Traffic Study was updated by looking at the land use and making assumptions. He explained the traffic study uses standardized trips generated per unit. Mr. Janish stated 63% of the capacity will be reached at full build out. Mr. Janish stated 165th is at 6% of capacity. Commissioner Volkenant stated the traffic on 165th has tripled. Mr. Janish explained it has increased, however, there is 94% capacity remaining. Commissioner Volkenant stated he questions the remaining 94% capacity on 165th. Mr. Janish stated the traffic study was created by a licensed professional and they put their license on the line by signing it. Commissioner Loehlein asked Mr. Janish to address why the development can’t be delayed until the roundabouts are constructed. Mr. Janish stated there is an application and the City has a time limit on processing it. Chairperson Godfrey asked Mr. Janish to address State Statute and the time limits. Mr. Janish explained the City has 60 days to process the application. He stated the City extended this application an additional 60 days for review. Mr. Janish said the 120 days will expire in early February. The item then goes to the Planning Commission for a recommendation to the City Council. Commissioner Koehler stated traffic is a consistent problem. He said traffic problems exist today and the development is not causing the problem. Commissioner Koehler stated the traffic problem is not before the Commission tonight. Commissioner Koehler asked why the Commission was discussing the cul-de-sac at location A since it isn’t in Phase Three. Mr. Janish stated it was on the Master Plan and it Regular Andover Planning and Zoning Commission Meeting Minutes – December 13, 2022 Page 9 was reviewed by Fire and staff. He stated staff are being proactive and looking at acquiring easements in this area if an emergency access is required as part of the development. Commissioner Koehler stated the City constantly goes into these phases without all the answers and information. He stated it is hard to decide without all the information. Chairperson Godfrey polled the Commissioners for additional information they would like in order to make an informed decision. Commissioner Volkenant stated it is critical to know if the Met Council is funding the roundabout at 165th and 7th Avenue. Commissioner Shafto stated the right-in, right-out is not a viable option on the dangerous road. He believes the County needs to do something about it. He would feel better if the County had a timeline for the 2nd roundabout in Option C. Mr. Janish explained funding for the 2nd roundabout at the curve would be sought after the roundabout on 165th and 7th Avenue was constructed. Mr. Janish stated there is a high percentage chance the County will get funds for the roundabout at 165th Avenue/7th Avenue. Commissioner VanderLaan stated she has seen a great deal of controversy around this development. She stated the Commission is a body of referral of the facts based on their understanding. Commissioner VanderLaan noted the Commission has been provided with most of what they have, and some information is missing. She stated the development is an attractive subdivision with a great deal of history. Commissioner VanderLaan explained the Commission has to look at the future and what the agencies, staff, and developer have produced. Commissioner VanderLaan stated traffic is always a concern. Motion: by Koehler, seconded by VanderLaan, to recommend approval of a Conditional Use Permit/Planned Unit Development Amendment for the third phase of the Petersen Farms development as written. Commissioner Volkenant made a motion to table the motion to the first meeting in January. Chairperson Godfrey stated there is a motion on the floor and another motion cannot be made until the first one is voted on. Commissioner Volkenant disagreed and stated a motion to table pushes the original motion aside. Mr. Janish stated the first motion needs to be acted on. Regular Andover Planning and Zoning Commission Meeting Minutes – December 13, 2022 Page 10 Motion was taken by roll call: Hudson – nay VanderLaan – aye Koehler – nay Godfrey – aye Shafto – nay Loehlein – aye Volkenant – nay Motion fails 3 ayes, 4 nays. Motion: by Volkenant to table further discussion of the item until the first meeting of January 2023. The motion did not receive a second. Mr. Janish explained tabling an item means the Commission is looking for additional information. Commissioner Volkenant stated he wants to know the result of the Met Council vote for the roundabout at 165th and 7th Avenue. He is also looking for a 2022 MNDOT traffic counts to update the traffic study. Chairperson Godfrey stated the Commission needs to list reasons why the application was denied. Motion: by Loehlein seconded by Volkenant, to recommend denial of a Conditional Use Permit/Planned Unit Development Amendment for the third phase of the Petersen Farms development based on the following findings: 1) the applicant has not demonstrated to the satisfaction of the Commission that a higher quality development will result due to the use of a PUD due to the following reasons: Unknown ultimate conditions to the PUD due to unknown access to 7th Avenue and how that connects to the future roundabout. 2) concern regarding emergency services access and the length of the cul-de-sac; 3) one access; 4) impact that septic, wells and energy draw might have. Mr. Janish stated the developer has a traffic study that states the impact on traffic is minimal and asked for clarification on the Commission’s concern. Commissioner Loehlein explained there have been fatalities on 7th Avenue and the development will add to it. He stated there are immeasurable conditions that contribute to the situation. Commissioner Volkenant stated one access point for Phases Two and Three creates an additional bottleneck for traffic before the roundabout is constructed and proximity of access points C and D to the roundabout. He stated access point B has uncertainty for 20 years. Regular Andover Planning and Zoning Commission Meeting Minutes – December 13, 2022 Page 11 Chairperson Godfrey asked for clarification on the concern regarding emergency services. Commissioner Loehlein stated the concern is due to the length of the cul-de-sac. Chairperson Godfrey asked for clarification on the impact on septic, wells, and energy draw. Commissioner Volkenant stated it was referenced in the public hearing and the impact on Valley Road. He stated new septic and wells might cause problems in the area. Mr. Janish suggested stating the applicant has not demonstrated to the satisfaction of the Commission that a higher quality development will result due to the use of a PUD due to the following reasons: Unknown ultimate conditions to the PUD due to unknown access to 7th Avenue and how that connects to the future roundabout. Chairperson Godfrey stated anytime the Commission sees a proposed development, there are a number of unknowns. She explained the developer has brought their best information to the Commission. Chairperson Godfrey stated things may change and it is typical of any development. She said the City of Andover has amazing staff to work with developers to work out adjustments and she has confidence in those. Chairperson Godfrey noted traffic is a problem that exists today and is not caused by the development but may be exacerbated by it. She encouraged concerned residents to speak to the County about traffic. Chairperson Godfrey stated she was concerned about the length of the cul- de-sac but understands the nature of the land, precedence, and the small number of homes does minimize the impact. She said that there might be an impact on septic, water, and energy draw, however, they might have many things happen. She stated Andover needs homes. There might be an impact on natural resources but what is proposed seems reasonable for the area and what is within City Code. She stated her opinion and vote will be against the motion. Motion was taken by roll call: Hudson – aye VanderLaan – nay Koehler – nay Godfrey – nay Shafto – nay Loehlein – aye Volkenant – aye Motion fails 3 ayes, 4 nays. Regular Andover Planning and Zoning Commission Meeting Minutes – December 13, 2022 Page 12 Chairperson Godfrey stated both motions and the motion to table have failed. Commissioner Koehler stated he did not agree with reasons that “might” happen. He said his concern is adding fuel to the flames with traffic. He would like to find an alternate exit and then he will be in favor of it. Motion: by Koehler, second by Hudson to recommend approval of a Conditional Use Permit/Planned Unit Development Amendment for the third phase of the Petersen Farms development as written with the addition of a second access point constructed during Phase Three. Commissioner Loehlein stated the Commission needs to decide on what is in front of them. He doesn’t feel the Commission can abstractly tell the developer to change the plan when it has been engineered and designed. Commissioner Koehler explained the Commission has done this before and the Commission is a recommending body. Commissioner Hudson stated the disappearance of the road to 170th Avenue caused him concern. He noted the inability to have a road between Phase One and Phase Two. He agrees on finding a second way out. Jason Osberg, JD Andover Holdings, asked at which phase the second access needed to be constructed. Mr. Janish stated it is his understanding that the second access be constructed as part of Phase Three. Commissioner VanderLaan asked what would happen if the motion was tied 3-3, as one Commissioner may abstain. Commissioner Koehler stated the Commission is giving their recommendation to the City Council. He stated Commissioner VanderLaan has the right to abstain; however, either you recommend it, or you don’t. Commissioner Loehlein stated this is part of the process and to put it up for a vote. Commissioner Volkenant stated the Commission was given options for access at point B, however it is impractical because there is no funding and can take up to 20 years. He stated the Commission wasn’t given any option for an access to connect with the cul-de- sac off of 170th Avenue, point A. He stated neither A nor B are a practical solution, and he has strong reservations about C and D. Darren Lazan, JD Andover Holdings, came forward with all four Master Plan options. He explained the original PUD had no connections at the corner. They took two connections out because the County did not approve. Mr. Lazan stated they have worked closely with Regular Andover Planning and Zoning Commission Meeting Minutes – December 13, 2022 Page 13 staff for a year and lost a construction season. He stated connecting to 170th Avenue is a possibility, and they are showing three possible access points. Mr. Lazan explained the access point options are what was requested by Engineering staff. Commissioner Koehler stated the applicant has identified several access points and can go to the City Council to work through them. Motion was taken by roll call: Hudson – aye VanderLaan – aye Koehler – aye Godfrey – aye Shafto – aye Loehlein – aye Volkenant – aye Motion carries unanimously. The item will go to the City Council on December 20, 2022. OTHER BUSINESS City Planner Hellegers stated December 16, 2022 is the deadline for applications for Boards and Commissions and applications are on the website. He stated Chipotle submitted an updated landscaping plan and the Commission will hold a hearing on another quick casual restaurant with a drive-thru. Commissioner Volkenant asked about the bottleneck on Quinn Street for Chipotle. Mr. Hellegers stated it is a private drive and if there is an issue, the property owners can adjust it. Chairperson Godfrey wished the Commission and staff a Merry Christmas and thanked them for their hard work this year. ADJOURNMENT Motion: Chairperson Godfrey assumed a motion to adjourn the meeting at 9:49 p.m. Motion carried by unanimous consent. Regular Andover Planning and Zoning Commission Meeting Minutes – December 13, 2022 Page 14 Respectfully Submitted, Shari Kunza, Recording Secretary TimeSaver Off Site Secretarial, Inc.