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HomeMy WebLinkAboutMay 14, 2013ANLb Y O F © 6VE 0 1 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda May 14, 2013 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — March 12, 2013 Regular Meeting and the April 9, 2013 Workshop 3. Appointment of Chair and Vice Chair 4. PUBLIC HEARING: Conditional Use Permit —15238 - 7th Avenue NW - Temporary Dock on the Rum River — Patricia Rysdam / Peter Miller 5. PUBLIC HEARING: Conditional Use Permit — Mining and Land Reclamation - NE Corner of Bunker Lake Blvd and 7th Avenue NW - North Pine Aggregate 6. PUBLIC HEARING: Preliminary Plat/PUD Amendment — Country Oaks West (2n Addition) —161St Avenue NW and Wintergreen Street NW - JABBS Development Co. 7. PUBLIC HEARING: Preliminary Plat/PUD Review — Parkside at Andover Station (4t Addition) — Northeast Corner of 139th Avenue and Linnet Street - Andover Economic Development Authority 8. Other Business 9. Adjournment E k C I T Y 0 F 0 NDOVEA PLANNING AND ZONING COMMISSIONMEETING —MAY 14, 2013 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on May 14, 2013, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Timothy Cleven, Valerie Holthus, Kyle Nemeth, Lynae Gudmundson, Bert Koehler and Steve Peterson. Commissioners absent: None Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Associate Planner Andrew Liska Others APPROVAL OFMINUTES. 0 March 12, 2013 Regular Minutes Commissioner Koehler indicated his name was misspelled and asked to have it corrected. Motion by Holthus, seconded by Koehler, to approve the minutes as amended. Motion carried on a 6 -ayes, 0 -nays, 1- present ( Cleven), 0- absent vote. April 9, 2013 Workshop Motion by Holthus, seconded by Cleven, to approve the minutes as presented. Motion carried on a 5 -ayes, 0 -nays, 2- present (Koehler, Peterson), 0- absent vote. APPOINTMENT OF CHAIR AND VICE CHAIR Chairperson Daninger stated this item does not need to be on the agenda after further review the appointments are good through 2013. PUBLIC HEARING: CONDITIONAL USE PERMIT —15238 — 7TH AVENUE NW — TEMPORARYDOCK ON THE RUMRIVER — PATRICIA RYSDAMIPETER MILLER Associate Planner Liska noted the purpose of this item is to hold a public hearing and take input on a conditional use permit allowing a temporary dock on the Rum River. The applicants are seeking this structure for the docking of kayaks and canoes. F: 01 U Regular Andover Planning and Zoning Commission Meeting Minutes — May 14, 2013 Page 2 Mr. Liska reviewed the proposed Conditional Use Permit application with the Commission. Motion by Holthus, seconded by Koehler, to open the public hearing at 7:07 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Lyle Bradley, 15202 7th Avenue NW, stated he had an issue with this because the Rum River is one of the most remarkable rivers in Minnesota because it is not plagued by docks. He stated he was against docks on the river and there is a lot of wildlife habitat on the river. He thought before they start looking at docks on the river they should look at the real meaning of a small river like this is necessary that they keep it looking well and servicing well. Mr. Peter Miller, 15238 7th Avenue NW, was at the meeting for questions. He stated they purchased the house last fall and have done significant canoeing and kayaking and that brought them to this house. He stated there are a number of small docks up and down the river and felt it was consistent with what they saw on the river. He stated they value wildlife and he shares the desire that they not make this a big change on the river. He stated there are plenty of small fishing boats on the river and thought at some point they may end up having a small boat or pontoon so they were hoping the size would not get reduced too much. Mr. Miller explained the dock and how the different sections provide stability. Commissioner Holthus asked what the intent is by having such a large area. Is it to just stabilize the sections that the kayak and canoe will be attached to. Mr. Miller explained the intent for the dock and why they need a large area. Commissioner Holthus asked if Mr. Miller has measured other docks along the river. Mr. Miller indicated he had not. Commissioner Peterson stated the applicant's letter states the dock will be anchored with chains or in the riverbed. Mr. Miller indicated it would probably be anchored to a tree or pilings up above high water line because they cannot anchor anything under the high water level as they cannot destroy the riverbed. Commissioner Peterson asked where the closest dock is to his property. Mr. Miller thought there was one within a mile upstream. Commissioner Cleven stated in the interconnection points, on the wings that create the area for the kayaks and canoes, how would it be any different connection point than what there would be at the single connection point. Mr. Miller stated the connectors were © different, one was an in the air connector to help get in and out of the kayak and the one at the end of the dock is slightly underwater. Regular Andover Planning and Zoning Commission Meeting Minutes — May 14, 2013 Page 3 © Commissioner Nemeth asked how additional boats will be docked when not in use. Mr. Miller stated they will be stored on shore when not in use. He stated they will use the dock just to get in and out of the watercraft. Motion by Holthus, seconded by Gudmundson, to close the public hearing at 7:20 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Gudmundson stated she did not know a lot about docks but thought by taking out the two sections it would be less intrusive. Commissioner Koehler stated he did not see a structural purpose to it. He understood the need for the length based on what Mr. Miller would eventually like to put there but he did not see this as a stability issue. Commissioner Peterson stated he did not have a problem with the twenty -foot length. Commissioner Holthus stated thinking about the future intent of boats she felt the application would need to take out only one section of the dock, which would still provide stability for access. Commissioner Nemeth agreed but would prefer that if in the future the applicant does © have a boat that it not allowed to be docked there except temporarily and needs to be brought onshore. He did not want to see this as being an obstruction to others on the river. Commissioner Cleven stated he would go with the recommendation of the DNR and to remove both sections. He stated there would be a total distance of twelve feet for loading and unloading of passengers off a boat or pontoon if needed. Motion by Gudmundson, seconded by Cleven, to recommend to the City Council approval of the Conditional Use Permit taking out two of the middle sections of the dock. Commissioner Koehler asked for clarification on the reasoning for removing two of the sections versus one. Commissioner Gudmundson stated she was going along with the DNR on this because she did not understand this issue enough. Chairperson Daninger stated he would not agree with the motion because he felt the applicant was going through the proper process. Motion failed on a 3 -ayes (Nemeth, Gudmundson, Cleven) 4 nays (Peterson, Holthus, Koehler, Daninger), 0- absent vote. Commissioner Nemeth stated he would like to see this approved as is. Chairperson © Daninger indicated he would like to also see this approved as is. It may be excessive but he thought City Council will work with the applicant on the size. Regular Andover Planning and Zoning Commission Meeting Minutes — May 14, 2013 Page 4 © Commissioner Koehler stated he voted no because he does not know what else is on the river and this may be the smallest dock on it but he did not know. He did not know how to weight out the pros and cons. He did not know if it should be smaller or bigger on the river. He would like to see what the differences are. Commissioner Holthus stated she has been on the river and there are docks but the biggest problem the river has is erosion. It is a river that needs a lot of work. She indicated that she does know a little about the floating docks and they are unstable if too small and she is recommending taking out one section and felt it would still provide stability. Motion by Holthus, seconded by Nemeth, to allow this conditional use permit removing one of the 4'x 8'sections. Motion carried on a 5 -ayes, 2 -nays (Gudmundson, Peterson), 0- absent vote. City Planner Hanson stated that this item would be before the Council at the May 21, 2013 City Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT —MINING AND LAND RECLAMATION— NE CORNER OF BUNKER LAKE BLVD AND 71H AVENUE NW — NORTH PINE AGGREGATE City Planner Hanson stated the property owner and applicant is proposing to borrow (mine) up to 60,000 cubic yards of sand and replace it (land reclamation) with 20,000 cubic yards of black dirt. City Code 12 -12 requires a conditional use permit for mining and /or land reclamation of more than 400 cubic yards of material on a property. City Planner Hanson reviewed the proposed Conditional Use Permit with the Commission. Commissioner Holthus asked if the owner and North Pine Aggregate researched the possibility of mining the area and getting the CUP with the City before they submitted bids to the County and if that was a factor in reviewing the CUP application. Ms. Hanson indicated it did not matter. There was discussion regarding the removal and replacing of fill on the property. Motion by Holthus, seconded by Peterson, to open the public hearing at 7:45 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Brent Jensen and Mr. Glen Sonsteby were at the meeting to answer questions. Commissioner Nemeth asked if there was a specific amount of fill that they planned to © take out. Mr. Jensen stated there is a plan that was submitted to City staff. They planned on cutting out six or seven feet. He explained the process with the Commission. Regular Andover Planning and Zoning Commission Meeting Minutes — May 14, 2013 Page 5 © Mr. Sonsteby stated the dirt that will be removed is mostly on the hillside. It is not level land so when it is done the land will have a more level effect. Motion by Holthus, seconded by Cleven, to close the public hearing at 7:52 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Nemeth asked what the Commission's role is in this item. Chairperson Daninger explained the things the Commission looks at to see if it affects others in the City or their neighbors. Motion by Holthus, seconded by Gudmundson, to recommend to the City Council approval of the Conditional Use Permit application. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. City Planner Hanson stated that this item would be before the Council at the May 21, 2013 City Council meeting. PUBLICHEARING. PRELIMINARYPLATIPUD AMENDMENT— COUNTRY OAKS WEST (2ND ADDITION) — 161 sr A VENUE NW AND WINTERGREEN STREET NW — JABBS DEVELOPMENT CO. © City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on the revised preliminary plat and Planned Unit Development (PUD) of Country Oaks West 2nd Addition, Block 1, Lots 12 -23. City Planner Hanson reviewed the proposed preliminary plat with the Commission. Commissioner Nemeth asked if the tree line will interfere with the utility easement. Ms. Hanson indicated it would not. Commissioner Nemeth stated the property is currently zoned M -1, Multiple Dwelling, medium density so would that area need to be rezoned. Ms. Hanson indicated it would not need to be rezoned because single family is allowed as a part of a PUD. Commissioner Nemeth asked if there is an approval process that needs to be done by the City in order to disband an association. Ms. Hanson stated there is a process that would need to be followed for disbanding it and the City Attorney would be involved in it. Mr. Carlberg stated it comes down to if the entire association would be disbanded or would the association be restructured. Commissioner Peterson stated the lot width was seventy -five feet for the proposed homes and he wondered if this was a sufficient lot width. He thought the other lots in the development were eighty- ninety feet. Ms. Hanson thought seventy -five feet was © sufficient, the developer would be able to meet setback requirements for the home. Commissioner Peterson asked what the benefit is to the City for making the change in the PUD, if any. Ms. Hanson stated with a PUD the design criteria for the original PUD with Regular Andover Planning and Zoning Commission Meeting Minutes — May 14, 2013 Page 6 © the twin homes was architectural and landscaping design and these two design criteria would also be in place with the single family home. Commissioner Gudmundson asked if these are twin homes and not townhomes. Her concern would be for those people who already own them, if in the future they do not get their legal description correct they would be in for a very expensive issue. She wondered if there are common elements how that will get divided. Mr. Carlberg stated the developer will need to engage the three existing buildings or units and make some determinations on that association, dissolving it and are they going to want to remain so they can take care of their comment elements. There needs to be some additional discussion between the developer and property owners. Commissioner Holthus asked if there was a fence between the houses and railroad tracks. She indicated she would like to see fencing as part of the plan because these are starter homes with lots of kids. Ms. Hanson did not believe there was fencing proposed throughout the development. Commissioner Gudmundson asked if there was any feedback from the other six owners. Ms. Hanson indicated she has not heard from any of the owners. Motion by Holthus, seconded by Gudmundson, to open the public hearing at 8:12 p.m. © Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Scott Wold, JABBS Development, was at the meeting to answer questions. He made a presentation to the Commission. There was discussion regarding the problems with the association and how Mr. Wold was caring for the open area of the development. Commissioner Nemeth asked if these types of designs in the packet what will be used as the standard design. Mr. Wold stated these are typical of what has been built in the development previously. These will be City standard. Commissioner Peterson asked what the price point will be for the homes. Mr. Wold thought they would start at $215,000 and run over the $300,000. Commissioner Peterson asked if the trees that are already planted in the utility easement. Mr. Wold stated they butt right up to the gas line easement. Ms. Hanson stated it was her understanding the trees were planted on the western side of the pipeline and the new trees will be planted on the eastern side of the pipeline. Chairperson Daninger asked what the benefit of the City would be. Mr. Wold stated the benefit to the City would be a built up neighborhood where taxes will be paid by owners. © He thought it was a benefit to build out the property and people living there now were hoping to have homes built to screen their homes from the railroad tracks. He hoped that made sense to do this. Regular Andover Planning and Zoning Commission Meeting Minutes — May 14, 2013 Page 7 © Chairperson Daninger sensed the developer's frustration regarding the association. He was concerned they might create a real issue without knowing how the issue with the association is going to be resolved before they resolve something. He thought there were more shared things besides landscaping needs such as roofs, driveways, siding and they need to figure out how to deal with those. Chairperson Daninger was concerned with single - family homes being built along the railroad tracks because of possible small children. Motion by Koehler, seconded by Gudmundson, to close the public hearing at 8:41 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Peterson stated they needed to add another requirement of extra trees to blend the two tree lines together. He would also like to see a fence being installed. Commissioner Holthus indicated a fence is very important to her at the back of the lots because there are a lot of kids in the neighborhoods and the railroad track is right there and very dangerous. Ms. Hanson indicated the fence can be placed on the property line except where the pipeline crosses, no fence could ever be built there. Commissioner Gudmundson indicated there are a lot of homes in Andover along the railroad tracks and they have never required fences to be installed before for them. She © felt the trees would be an adequate barrier. She would like to see the irrigation issue added and thought the developer should take care of that and make sure each individual property is up and running on their own. She thought that punishing the six people that own houses there now is not good and they should not allow that to happen. The City should also make sure that they have correct ownership rights. Chairperson Daninger thought whatever needs to be done, needs to be defined before he can approve this. He stated there are so many little details that he was not even sure what should be added. Commissioner Koehler suggested those issues, irrigation and roof and maintenance, be addressed but he suggested they detail those out as two separate points. Chairperson Daninger thought a condition in the motion should read "any issues dealing with the homeowners association need to be resolved." The Commission agreed. Motion by Holthus, seconded by Peterson, to recommend to the City Council accepting the revised preliminary plat with the following additions: 1. Suggested change in the landscaping plan 2. Addition of a low maintenance chain link fence to follow the line of the train tracks © 3. There should be an arrangement of the responsibilities of the dissolution of the Homeowners Association 4. The developer should be held responsible for the separation of the irrigation system Regular Andover Planning and Zoning Commission Meeting Minutes — May 14, 2013 Page 8 a5. Have appropriate legal title for each property owner with the expense of appropriate title taken on by the developer. Further Discussion: Commissioner Koehler asked if they wanted to hold the developer responsible for splitting out some of these things for people who have not been paying their bills because he has already been covering them and now the City is asking him to pay to split them out and put in an irrigation system for them when they have not been holding up their end of the agreement. He can see the developer being held to split this out because the owner had an expectation when they bought the home but the developer had an expectation that they were going to pay the homeowners dues and some of them have not. He did not feel this was fair. Commissioner Gudmundson thought that the developer could take legal action on his own if he needed to. Commissioner Nemeth did not think a fence would be needed because the trees grow quickly and it would become difficult for people to get past the trees to the railroad tracks. Commissioner Gudmundson agreed. Commissioner Cleven concurred. Commissioner Koehler felt the fence was overkill. Mr. Wold stated when dealing with single - family homes some will want fences and some © will not. Some will want chain link, some will want wood and some will take the fence down. He stated because these are single - family homes he cannot enforce fencing to remain. Chairperson Daninger thought an alternative may be to place a berm along the railroad tracks. Commissioner Holthus indicated she would not want to amend her motion. Motion failed on a 3 -ayes (Holthus, Koehler, Peterson), 4 -nays (Nemeth, Gudmundson, Cleven, Daninger), 0- absent vote. Commissioner Cleven stated he did not see the need for a fence and a fence cannot be built in the easement so the fence would be built right next to the trees and he felt it was not needed. Another issue he has with the proposal is dealing with the law aspects of legalities and he thought they were trying to dictate things the association should be taking care of. Chairperson Daninger stated he did not have enough information to make an informative decision on this. There is not enough here for him to agree to change the PUD. Commissioner Gudmundson stated they are getting something because they will be getting the development done sooner than later. © Motion by Holthus, seconded by Gudmundson, to recommend to the City Council accepting the revised preliminary plat with the following additions: 1. Suggested change in the landscaping plan Regular Andover Planning and Zoning Commission Meeting Minutes — May 14, 2013 Page 9 2. There should be an arrangement of the responsibilities of the dissolution of the Homeowners Association 3. The developer should be held responsible for the separation of the irrigation system 4. Have appropriate legal title for each property owner with the expense of appropriate title taken on by the developer. Motion carried on a 5 -ayes, 2 -nays (Daninger, Cleven), 0- absent vote. Ms. Hanson noted they would like to discuss this item with the City Attorney so this item will be postponed until a future Council meeting. PUBLIC HEARING: PRELIMINARY PLAT /PUD REVIEW— PARKSIDE AT ANDOVER STATION (4THADDITION) —NORTHEAST CORNER OF 139TH AVENUE AND LINNET STREET — ANDOVER ECONOMIC DEVELOPMENT A UTHORITY Community Development Director Carlberg noted the Planning and Zoning Commission is asked to review the revised Preliminary Plat and Planned Unit Development (PUD) of Parkside at Andover Station as requested by the Andover Economic Development Authority (EDA). Community Development Director Carlberg reviewed the proposed Preliminary Plat /PUD Review with the Commission. Commissioner Gudmundson asked for clarification on the process. Mr. Carlberg reviewed with the Commission the process the City will take regarding this plat. Commissioner Gudmundson asked if there has been any interest from builders the way it is platted for townhomes. Mr. Carlberg indicated there has not. He noted that the EDA has had this on the market for over a year and a half in the 8- plex /4 -plex concept. There is not a market for this type of design at this time. He also noted that mailings to adjacent property owners were sent out and no one had any issues with what was being proposed. Commissioner Nemeth thanked staff for providing the sketch plan. He stated in regard to confirming with local plans and ordinances, the property is located within the MUSA area and it says it is within the current stage of sewer expansion, he was under the assumption that the area already had sewer. Mr. Carlberg indicated it does. Commissioner Nemeth stated on the resolution Item 1, it states "all previous conditions of resolution R- 052 -05, not modified by this resolution." He asked what those conditions were. Mr. Carlberg stated the conditions are listed on resolution R- 052 -05 that was included in the packet. This was approved for the entire project. What they are revising is the 1.8 acre site. Regular Andover Planning and Zoning Commission Meeting Minutes — May 14, 2013 Page 10 Commissioner Peterson stated in the past few months they have revised some of the lots and he wondered if they were the lots immediately west of the proposed change. Mr. Carlberg stated the area to the west was revised. Commissioner Peterson thought at first this would be a great area for high- density housing because residents could walk to many places but with senior housing he did not think there would be a lot residents walking to many places. Commissioner Peterson asked if there were any thoughts of doing any two -story buildings. Mr. Carlberg indicated there was not. Commissioner Cleven stated if this is assisted living he would think people would still walk, especially to Wal -Mart. His only question is dealing with the setback areas, the wings of the building looks like it is encroaching over the setback lines and he wondered if there was any concern regarding this. Mr. Carlberg stated the building is located within the required setbacks. What is encroaching in the setbacks is the sidewalks around the building which is permitted. Motion by Holthus, seconded by Cleven, to open the public hearing at 9:20 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. © There was no public input. Motion by Holthus, seconded by Nemeth, to close the public hearing at 9:21 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Chairperson Daninger asked when they will be oversaturating the City with this type of housing. Mr. Carlberg thought the market and demand for senior housing would be needed well into the future as the population ages. Chairperson Daninger stated in regards to the holding pond, he suggested it be fenced in for safety reasons. Mr. Carlberg indicated there has not been any discussion regarding fencing of storm water ponds. He stated they will be looking at landscaping in the area. Commissioner Koehler assumed the sidewalks and trails are handicap accessible. Mr. Carlberg indicated they are and any new ones will be. Commissioner Peterson asked how someone gets from the front door to the sidewalk. Mr. Carlberg stated they will review this with the site plan approval and provide a safe access. Motion by Holthus, seconded by Nemeth, to recommend to the City Council approval of the revised preliminary plat and planned development review at Parkside of Andover Station with the following revisions: 1. To allow easy pedestrian traffic to 13 9`h Street NW Regular Andover Planning and Zoning Commission Meeting Minutes — May 14, 2013 Page 11 2. To include a fence or some type of barrier between the facility and holding ponds to the north Further Discussion: Commissioner Gudmundson thought this was an odd spot for this type of use and was not cohesive to the area and she did not have any concrete evidence at this point but did not think it would help the property values and would much rather see it remain townhouses. Motion carried on a 6 -ayes, 1 -nays ( Gudmundson), 0- absent vote. City Planner Hanson stated that this item would be before the Council at the May 21, 2013 City Council meeting. OTHER BUSINESS. City Planner Hanson updated the Planning Commission on related items. ADJOURNMENT. Motion by Holthus, seconded by Koehler, to adjourn the meeting at 9:31 p.m. Motion © carried on a 7 -ayes, 0 -nays, 0- absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary, Timesaver Off Site Secretarial, Inc. H