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HomeMy WebLinkAboutApril 8, 2014ANLb6Vj901 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 April 8, 2014 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes —March 11, 2014 Regular Meeting March 11, 2014 Work Shop Minutes 3. Public Hearing: Conditional Use Permit — Mining — Mark Smith — Butternut Street NW and Andover Blvd. NW. 4. Public Hearing: Consider Amendments to the City Code 12 -2 -2, Definitions; 12- ® 12, Permitted, Conditional and Prohibited Uses and 12 -14, Administration and Enforcement. 5. Other Business 6. Adjournment M M ANDOVER#F PLANNING AND ZONING COMMISSION MEETING —APRIL 8, 2014 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Holthus on April 8, 2014, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Holthus, Commissioners Timothy Cleven, Dean Daninger, Lynae Gudmundson, Bert Koehler IV, Kyle Nemeth and Steve Peterson. Commissioners absent: None. Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Others APPROVAL OF MINUTES. March 11, 2014 Workshop Meeting Commissioner Nemeth stated on page three, paragraph nine he would like the sentence changed: "Commissioner Daninger asked if the items that were stricken previously were the changed..." Commissioner Koehler stated on page three, last paragraph, his name is misspelled. Motion by Daninger, seconded by Koehler, to approve the minutes as revised. Motion carried on a 6 -ayes, 0 -nays, 2- present (Gudmundson, Peterson), 0- absent vote. March 11, 2014 Regular Meeting Commissioner Nemeth stated on page two, seventh paragraph, second sentence from the bottom, it should read: "...there is only a stop sign... "; page three, second paragraph a comma should be added after 152 °d Lane NW. Commissioner Nemeth noted on page three, fourth paragraph, second sentence towards © the end should read: "...they will have a typical type of homes... "; Ninth paragraph Regular Andover Planning and Zoning Commission Meeting Minutes —April 8, 2014 Page 2 ® down, second sentence towards the end should read: "Council left that open as an option and they did not want to make a commitment either way." Commissioner Nemeth also made correction on page four, seventh paragraph starting with Commissioner Daninger, the second sentence, an "s" should be added after "cul -de- sac" and the third to the last sentence that states "extending Lots 54, 55, 56 to go to the back to the property line "; and on the last sentence change "speaker" to "resident." Page four, tenth paragraph where he asked the letter from the four neighbors." Motion by Daninger, seconded by Nemeth, to approve the minutes as revised. Motion carried on a 6 -ayes, 0 -nays, 1- present (Peterson), 0- absent vote. PUBLIC HEARING: Conditional Use Permit —Mining —Mark Smith —Butternut Street NW and Andover Boulevard NW. City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a Conditional Use Permit for mining located at Butternut Street NW and Andover Boulevard NW. City Planner Hanson stated Mr. Smith is proposing to borrow (mine) up to 65,000 cubic yards or materials from the properties he owns along Andover Boulevard NW and Butternut Street NW. The materials will then be transported and used on the Catcher's Creek residential development site located at the SE corner of Prairie Road NW and Andover Boulevard NW. City Code 12 -12 requires a conditional use permit for mining of more than 400 cubic yards of materials on a property. City Planner Hanson reviewed the proposed Conditional Use Permit with the Commission. Commissioner Daninger asked for clarification on this item. This was brought to the City's attention for 110,000 cubic yards but that did not go through the process, nothing was approved. Ms. Hanson indicated that was correct. Commissioner Cleven asked if the archeologist would identify the beginning twenty -foot area from the mound. Ms. Hanson stated that was correct, he would identify the boundaries of the mound. Chairperson Holthus asked at what elevation point the mound would begin. Ms. Hanson stated they did not know that and it will be something the archeologist will determine. Commissioner Nemeth asked if they approved this, it is determined it is a burial mound, and Mr. Smith spikes out the twenty feet, will this be made a condition that no excavation will be done within twenty feet of the mound as a part of the approval. Ms. Hanson © stated at this point, it is not part of the grading plan and it will be determined once the plan is submitted or once it is submitted for a residential development. u Regular Andover Planning and Zoning Commission Meeting Minutes —April 8, 2014 Page 3 Motion by Daninger, seconded by Gudmundson, to open the public hearing at 7:15 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Mike O'Donnell, 14195 Alder Street NW, asked if the geological report is the same as an environmental impact study and if not, is one required. Mr. Carlberg stated the geological report and soil borings are not an environmental assessment worksheet or environmental impact statement. Staff can look at that prior to Council approval but he believed the amount of fill being removed is below the threshold for environmental review. Mr. O'Donnell asked if the material being removed is the beginning of a housing project going in there. Chairperson Holthus did not think there were any plans so far to create a development within the mining area. Mr. Carlberg stated eventually the area can be served with City sewer and water and will be developed; however, at this time, Mr. Smith is just borrowing the dirt, or removing the dirt for another project in the area. Mr. O'Donnell asked if there will be another meeting pertaining to that. Mr. Carlberg indicated there would be. Mr. O'Donnell asked what the impact on home values would be if this item were to be approved. Mr. Carlberg thought this was something the assessor or the County could address. Mr. Chet Hapka, 67 142 "d Avenue NW, stated their house overlooks the area being discussed and he has some concerns about the possibility of the land being developed for housing. He thought if they were going to take down some vegetation, there would be some environmental concerns. Also, because it is a steep hill, a lot of soil will wash into Coon Creek if the land is cleared and there is a big downpour. This would most likely plug the creek and the whole wetland could be easily flooded. He suggested this be looked at carefully. Mr. Hapka stated with the homes on his side of the creek, there would be a buffer of some of the trees left and the trees are now gone. He was disturbed why a buffer of trees was not left along the creek. He noted there will be a lot of dust and dirt blowing around once the land is cut up and there will be a good deal of erosion and wash down. Mr. Dan Gunderson, 40 Andover Boulevard NE, Ham Lake, stated he was directly east of the property being discussed. He asked on the topographical map, if the silt fence going along the northeast corner, the low swale area, will be filled. If that is going to be left alone, it will not be a problem for him. He noted it is very low in that area. His other concern is if this is a two -fold purpose. He assumed the land is not buildable in its present form so he wondered if it will be flattened out for future houses and to fill some other land. He also thought the Planning Commission should be made aware that when © the mound is reviewed, he will be pointing out the other mound on his property. He did Regular Andover Planning and Zoning Commission Meeting Minutes —April 8, 2014 Page 4 ® not think that would come into question at all. He stated the mound is probably far enough away from the mining area, but should be noted. Mr. O'Donnell wondered where the location is of the burial mound. Mr. Carlberg stated the mound is a couple hundred feet from the creek. Mr. O'Donnell did not think excavation needed to be done between the mound and the creek. Mr. Carlberg stated the mining operations will not be close to the mound or creek so the comments related to drainage concerns and erosion into the creek will not be of concern. Mr. O'Donnell asked why all the trees have been removed. Chairperson Holthus thought that would be a question for the developer. Mr. David Pipp, 50 139`" Avenue NW, stated he is a board member for Cove Conservancy LLC, which owns some of the land off to the side of the area being discussed. Their biggest concern is making sure the property is not going to create a runoff problem that will plug up the creek and run off onto their property. He wondered if there are any assurance, bonds, etc., that will assure the runoff will not affect their property. Chairperson Holthus indicated the City Council will review this and the Conservancy could appear at that meeting. Mr. Pipp asked if they will receive an additional notice for additional meetings so they can attend. Mr. Carlberg indicated this is the public hearing meeting for the mining operation so there will not be any more notifications. There are a number of conditions that will have to be met before approval is given. Mr. O'Donnell asked if all the other conditions have to be made and if all of the requirements are not in yet for review or discussion, why were they even allowed to begin. Chairperson Holthus did not think the mining process had begun. Ms. Hanson indicated the grading on the site will not happen until all permits have been approved by the MPCA and the Watershed District. Mr. Carlberg noted the City does not control people's property rights to remove trees prior to getting involved in a development process of a plat or an application for that. Every property owner has the right to log on their property but once the property owner makes application to develop the property, they cannot remove trees anymore. Mr. O'Donnell asked if the property owner can grade the hill to get out the stumps. Mr. Carlberg stated as part of the approval process, they have to establish erosion control of the property. The site will be defined with limits that will prevent the concerns about erosion into the creek and those types of issues. He noted this is the first step and will go through many reviews. Motion by Koehler, seconded by Cleven, to close the public hearing at 7:38 p.m. Motion © carried on a 7 -ayes, 0 -nays, 0- absent vote. Regular Andover Planning and Zoning Commission Meeting Minutes — April 8, 2014 Page 5 Mr. Mark Smith, 2120 Otter Lake Drive, Lino Lakes, was at the meeting to answer questions. Mr. Smith stated the grading will all be done within the designated area and the fencing will protect the possibility of erosion and drainage to other areas including the creek. He stated someday this site will have homes on it. Mr. Smith reviewed the site plan with the Commission and residents Commissioner Gudmundson asked where the houses are located at that are staying on Butternut. Mr. Smith showed on the map the area where the houses will not be removed. Commissioner Cleven asked once mining is completed, will seeding be done for soil erosion control. Mr. Smith stated they will seed the site once they are done. Commissioner Koehler asked, in terms of dirt control, could the area be watered at the end of the day to reduce the possibility of dirt being kicked up overnight. Mr. Smith stated he would work with the excavator to see what could be done to reduce the issues. Commissioner Nemeth asked in regard to traffic, did Mr. Smith know how many trucks will be going in and out on a typical day. Mr. Smith did not think it would be very many trucks, possibly four or five trucks maximum each day going back and forth. Commissioner Nemeth asked what the timeframe would be on this. Mr. Smith stated they would start in June and hoped to be done by the fall. Commissioner Peterson asked as far as the work being done, will it be weekdays only. Mr. Smith stated there may be some Saturday half days with weekday hours until five or six P.M. Commissioner Peterson asked, as far as the remaining trees, will those be removed. Mr. Smith stated no trees will be affected in the area they will be mining as they have been removed. Commissioner Daninger suggested putting in the resolution some kind of time limit. He also asked if Mr. Smith was going to sweep the streets or if the City will. Mr. Smith stated they planned on sweeping the streets every day. Chairperson Holthus asked why the amount is being reduced from the initial request. Mr. Carlberg stated there were discussions regarding what is needed to develop the Catchers Creek project to the west, which was figured to be 65,000 cubic yards so city staff suggested limiting the amount and also takes it out of the area of the potential burial mound and away from the creek. C1 Regular Andover Planning and Zoning Commission Meeting Minutes —April 8, 2014 Page 6 Chairperson Holthus asked if there were seasonal weight restrictions on Andover Boulevard. Mr. Smith stated there are weight restrictions that should be lifted by June. Commissioner Gudmundson asked where the rest of the fill will come from if only 65,000 cubic yards will be removed. Mr. Smith stated he will probably come back with a site plan showing housing instead of just a mining plan. Commissioner Gudmundson asked if it is determined that the mound is a burial site, could there be other requirements. Ms. Hanson stated the requirement is the twenty -foot buffer around the mound. Ms. Hanson noted the Coon Creek Watershed District will put a time on when it needs to be reestablished with vegetation, which will typically be December 1, 2014. Mr. Carlberg thought hours of operation should be considered. Motion by Koehler, seconded by Cleven, to recommend to the City Council approval of the proposed Conditional Use Permit for mining located at Butternut Street NW and Andover Boulevard NW, contingent on: 1. The geotechnical report shall include the seasonal high water mark for each boring and boring locations shall be shown on the grading plan. 2. Hydrology report shall be submitted identifying the existing drainage area and discharge rates and the proposed drainage areas and post drainage discharge rates. 3. Hours of operation shall be 7:00 a.m. to 6:00 p.m., M -F; 8:00 a.m. to 1:00 pm on Saturday and no dirt removal on Sunday. 4. Deadline to finish by December 1, 2014 or when the Coon Creek Watershed District advises it shall be done. 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 April 15, 2014 City Council meeting. PUBLIC HEARING: Consider Amendments to the City Code 12 -2 -2, Definitions, 12- 12, Permitted, Conditional and Prohibited Uses and 12 -14, Administration and Enforcement. Community Development Director Carlberg noted the purpose of this item is to hold a public hearing and take input on proposed Amendments to the City Code 12 -2 -2, Definitions; 12 -12, Permitted, Conditional and Prohibited Uses and 12 -14, Administration and Enforcement. Community Development Director Carlberg reviewed the proposed amendments to the City Code 12 -2 -2 with the Commission. Regular Andover Planning and Zoning Commission Meeting Minutes —April 8, 2014 Page 7 Chairperson Holthus stated at the very end of the residential, there are twelve points listed and she wondered if there should be a heading above them mentioning what they are. Mr. Carlberg indicated those are footnotes and staff could mark those as notes. Commissioner Peterson referenced the interim use permit section, termination language, item three, change in the City's zoning regulations; and asked if the language is specific enough to warrant a termination of an interim use. Mr. Carlberg stated there are two scenarios that could happen; an interim use that becomes a permitted use or the use could be prohibited specifically and if someone had an interim use in place, the permit would be voided. Commissioner Peterson wondered if the language should be changed to read: "a change in the City's zoning regulation that impacts the use." Commissioner Koehler stated to be very clear, they cannot approve an interim use permit that goes beyond five years. Mr. Carlberg indicated that was correct. Commissioner Peterson suggested under item three, the wording be changed to: "a change in the City's zoning regulations that impacts the current usage." Commissioner Koehler disagreed. Commissioner Daninger stated his concern is how they would define "impact." Commissioner Cleven stated if they changed the wording to "a change in the City's zoning regulations that is relative to the interim...," if it is anything that has to do with the interim, he agreed. Commissioner Koehler stated he disagreed because what happens if the change is relative but actually expands the person's rights within the permit. He wondered if they are going to terminate the residents permit because the City gave them more rights. Commissioner Cleven stated it is a change and that is what it is saying "if there is any change then it terminates it." Commissioner Koehler disagreed. Commissioner Cleven stated anything that is relative to the process to the interim should be included. Commissioner Koehler thought the City may be terminating someone's interim use permit when the intention was to expand it. Commissioner Peterson stated as it is written now, you could have something that is totally unrelated to the interim use and the fact that a zoning regulation has changed in any way could be a setback. If read, as is, any change terminates the interim use. There was discussion between the Commission members regarding the verbiage of Interim Use. Chairperson Holthus wondered if the following wording would work: "A change in the City's zoning regulations that relates to the current interim use." Commissioner Gudmundson wondered if wording could be changed to: "a change in the zoning regulation for that particular property." Commissioner Koehler suggested adding: "a change in the City's zoning regulations and notification to the permit holder." He wondered if that was a way to get around it. Mr. Carlberg stated the language in this Regular Andover Planning and Zoning Commission Meeting Minutes —April 8, 2014 Page 8 document is pretty standard in many cities. He stated the intent is if it is affecting the use, whether it be permitting it or excluding it, then it affects the permit. Commissioner Cleven stated the way it is written now, there will be a change in the zoning regulation and no longer are any interim permits in the City valid. Commissioner Koehler asked if they could add the verbiage "upon City approval" to make the issue go away. Mr. Carlberg suggested the wording to say: "A change in the city's zoning regulations that permits or excludes the use." Commissioner Cleven thought the wording was too broad and people who do not want something to happen in the City will find something to stop an interim use. Commissioner Nemeth agreed with Chairperson Holthus' wording as stated earlier because that makes the most sense to him. Motion by Nemeth, seconded by Daninger, to open the public hearing at 8:30 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. There was no public input. Motion by Daninger, seconded by Nemeth, to close the public hearing at 8:30 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Nemeth stated when they discussed this at the workshop last month, one of the items mentioned was to repeal the 12 -12 quote and he wondered if they had to first repeal that before a motion could be made. Mr. Carlberg stated they are working with the City Attorney on that issue so at the City Council meeting, they may repeal 12 -12 and this verbiage will be put in its place. Motion by Nemeth, seconded by Gudmundson, to recommend to the City Council approval of the amendment to City Code 12 -2 -2 definitions along with the conditional and prohibited uses of 12 -14 and making a change under the termination part to include under number three, "A change in the city's zoning regulations that relates to the current interim use." Commissioner Koehler stated he did not agree with this because they may be canceling someone's permit when the change in zoning regulations approved by the City Council was meant to help, not remove their permit. He stated it removes the ability from the City Council and Zoning Commission to actually enforce the laws with a little bit of common sense instead of an automatic termination of someone's permit because they made a change in an attempt to assist them. He stated the language means that the City has to terminate the permit even if a change is made in the regulation to help them. Regular Andover Planning and Zoning Commission Meeting Minutes —April 8, 2014 Page 9 ® Commissioner Peterson thought it did the same before but he wondered if Commissioner Koehler had different language. Commissioner Koehler indicated he did but was not going to make a motion on this yet. His intention was to return common sense to the City Council and Zoning Commission by simply stating the following: "A change in the City's zoning regulations and with City Council notification to the permit holder." Commissioner Nemeth thought that would be a lot of work for the City Council. He thought even if it benefits them, it created more paperwork for staff. Commissioner Koehler indicated he was trying to stop the automatic termination of every related permit to a zoning regulation change. Commissioner Daninger called the order to motion. Motion failed on a 3 -ayes, 4 -nays (Daninger, Holthus, Koehler, Peterson), 0- absent vote. Motion by Daninger, seconded by Koehler, to recommend to the City Council approval of item as presented. Motion failed on a 3 -ayes, 4 -nays (Cleven, Gudmundson, Nemeth, Peterson), 0- absent vote. Motion by Peterson, seconded by Koehler, to recommend to the City Council approval of the item changing number three in section E to: "A change in the City's Zoning Regulation and with notification by the City Getmeil. the oldef of termination to the interim use holder from the City." Commissioner Koehler stated he wanted to make sure it is very clear that the City Council would be required to notify the permit holder only in the instance that they wanted the permit to be nullified or revoked. Commissioner Cleven thought that wording should be included in the motion. Chairperson Holthus reviewed and amended the motion to read: "A change in the City's Zoning Regulation and with notification to the interim use holder from the City." Chairperson Holthus asked Commissioner Koehler if this wording is a friendly amendment to the original motion. Commissioner Koehler stated this is exactly what he intended to say. He liked the wording "notification from the City" rather than the City Council. There was discussion between City staff and the Commission on what the motion meant. Commissioner Gudmundson thought this would need to be clearer if it were to move forward because if the Commission does not even understand it, they cannot be putting this out there for the City to interpret. Chairperson Holthus added verbiage to the motion to read: "A change in the City's Zoning Regulation that relates to the current interim use and has been notified..." She Regular Andover Planning and Zoning Commission Meeting Minutes —April 8, 2014 Page 10 ® thought this needed to be discussed further for correct verbiage and indicated she would like to put this motion to a vote. Commissioner Koehler stated he was trying to change the language so that someone could not come to the City and demand that someone else's permit be terminated because there was a change in the City Zoning Regulation that related to the permit, even if the intention was not to terminate the permit. He was looking to change the verbiage to say that if they make a change to the zoning regulations, it does not automatically terminate someone's permit without them making a conscious willful decision to do so. He would like to see control lay with the City rather than the residents. Chairperson Holthus reread the proposed motion for a vote. Commissioner Koehler asked to amend the verbiage to include "and with notification of termination to the permit holder by the City." He stated this will make it clear that they are not talking about having to notify everyone that has a permit, only the ones they want to terminate. Motion failed on a 3 -ayes, 4 -nays (Daninger, Cleven, Gudmundson, Nemeth), 0- absent vote. Commissioner Peterson stated Mr. Carlberg had suggested a change in the City Zoning Regulation that either permits or excludes the interim use. Mr. Carlberg stated as he thought of that, there could be a conditional use permit change so he would suggest: "A change in the city's zoning regulations that changes the use of the property," otherwise he would suggest leaving it alone and let staff interpret it like the other cities do. Motion by Nemeth, seconded by Gudmundson, to recommend to the City Council approval of the amendments to City Code 12 -2, along with the Permitted Conditional and Prohibited Uses of 12 -14 and make a change, termination (E)(3), "A change in the city's zoning regulations that changes the uses of the property; or" Commissioner Koehler stated he has the same issue because their hands are tied and if they make a change to the property that has nothing to do with the permit, they are terminating someone's permit. Commissioner Peterson stated if it is now a permitted use, then they do not need the interim use permit any longer, it is now a permitted use. Motion carried on a 4 -ayes, 3 -nays (Daninger, Koehler, Peterson), 0- absent vote. Community Development Carlberg stated that this item would be before the Council at the April 15, 2014 City Council meeting. © OTHER BUSINESS. Regular Andover Planning and Zoning Commission Meeting Minutes —April 8, 2014 Page 11 Community Development Director Carlberg updated the Planning Commission on related items. ADJOURNMENT. Motion by Nemeth, seconded by Peterson, to adjourn the meeting at 9:00 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