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HomeMy WebLinkAbout12/13/20161685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda December 13, 2016 Andover City Hall Council Chambers 7:00 A.m. 1. Call to Order 2. Approval of Minutes — November 9, 2016 Regular Meeting 3. Public Hearing — Interim Use Permit - Stockpile — Preserve at Oak View — Metrowide Development 4. Other Business 5. Adjournment 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: Approval of Minutes November 9, 2016 Regular Meeting DATE: December 13, 2016 REQUEST The Planning and Zoning Commission is requested to approve the minutes from the November 9, 2016 regular meeting. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PLANNING AND ZONING COMMISSION MEETING —NOVEMBER 9, 2016 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on November 9, 2016, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners absent: Also present: APPROVAL OF MINUTES. August 23, 2016 Commissioners Scott Hudson, Bert Koehler IV, Kyle Nemeth, Steve Peterson, and Jeff Sims. Timothy Cleven City Planner Stephanie Hanson Others 27 Commissioner Nemeth requested the following corrections: 28 - Page 4, Line 33, remove the asterisk 29 - Page 5, Lines 1 and 40, Mr. "Simms," should be spelled with one "m." 30 31 Motion by Nemeth, seconded by Hudson, to approve the minutes as corrected. Motion 32 carried on a 4 -ayes, 0 -nays, 2 -present (Koehler and Peterson), 1 -absent (Cleven) vote. 33 34 PUBLIC HEARING: Interim Use Permit Amendment —Mining —Andover Boulevard 35 and Butternut Street NW— Mark Smith 36 37 City Planner Hanson noted the purpose of this item is to hold a public hearing and take 38 input on an Interim Use Permit (IUP) extension. Mark Smith has requested an extension 39 of the original IUP with the expiration date of December 1, 2016 to December 31, 2017. 40 41 On April 21, 2015, City Council approved an IUP to allow mining on the properties Mr. 42 Smith owns at Andover Boulevard and Butternut Street. The materials will be 43 transported and used for the residential development known as Catcher's Creek 2°d 44 Addition. Materials will be used for soil corrections needed for the construction of 45 streets, overall site grading and building pads. 46 Regular Andover Planning and Zoning Commission Meeting Minutes —November 9, 2016 Page 2 1 Mr. Smith hoped to start hauling material to the Catcher's Creek 2°a Addition during the 2 month of November. The duration of the project will last no more than three weeks. 3 However, since it is the end of the hauling season and because of potential inclement 4 weather conditions, the hauling may not ensure the project can be completed in 2017, in 5 the event of unforeseen circumstances such as inclement weather, spring rains, road 6 restrictions, etc. 7 8 City staff reviewed the proposed IUP extension and has no issues with the request. The 9 overall project is being completed in two phases. The fust phase is completed. The site 10 was restored in a timely fashion and Mr. Smith met the conditions of the resolution. 11 12 The Engineering Department completed a review of the proposed plan. As part of the 13 review process, the Engineering Department verifies that after the removal of the 14 materials, the final grade of the site will still allow for future development to occur. 15 16 A permit from the CCWD has been approved. Silt fence and seeding to establish 17 groundcover after project completion will be required through the CCWD permit. 18 19 The Interim Use Permit criteria were presented. City Planner Hanson reviewed the 20 proposed IUP with the Commission. The Planning and Zoning Commission was asked to 21 hold a public hearing, review the proposed Interim Use Permit extension and make a 22 recommendation to the City Council. 23 24 Commissioner Nemeth asked if the City had received any complaints from any of the 25 residents about issues such as dust. Ms. Hanson confirmed that they had in the past. Mr. 26 Berkowitz had indicated that Mr. Smith was very receptive, keeping the street sprayed 27 and working with the homeowners. Mr. Nemeth continued by asking why the deadline of 28 December 31, 2017. Ms. Hanson responded that it is unknown if it will be a late or early 29 spring, and this way Mr. Smith will be guaranteed a whole season to complete the work 30 and then he assumed that the City staff would need to inspect. 31 32 Commissioner Peterson asked if this was the project that when it originally came to the 33 Commission, that the neighbors complained about power washing their homes. Ms. 34 Hanson replied that yes, this was that same ongoing project. She stated that there was a 35 CUP originally on this site and there were issues at this site. With the IUP, the dust has 36 been controlled more and turf was established in a timely manner. 37 38 Chairman Daninger asked if this resolution mirrors the original one. Ms. Hanson replied, 39 yes, including the hours, dates and times. He also inquired if any staff issues delayed Mr. 40 Smith or why it had not been done. Ms. Hanson noted that there had been some issues 41 with the flood plain on the site, so he has been working with the CCWD and the City and 42 economic reasons. Ms. Hanson recalled that the original request was for 2017, but it was 43 changed to 2016. This recommendation came from the Planning and Zoning 44 Commission. She reconfirmed that this was a change from the applicant's request. 45' Regular Andover Planning and Zoning Commission Meeting Minutes — November 9, 2016 Page 3 1 Motion by Koehler, seconded by Peterson, to open the public hearing at 7:14 p.m. 2 Motion carried on a 6 -ayes, 0 -nays, 1 -absent (Cleven) vote. 3 4 Carmen Mohncamp, 140 NW Andover Boulevard, stated her property is right next to the 5 property where the dirt is located. She stated that if someone had driven past it, they 6 would see that there are now tall weeds there. She complained that the weeds come into 7 her yard and it is a lot of work to remove them. She asked about putting down the "blue 8 or green stuff." She also asked what time of the day Mr. Smith can haul dirt. 9 Commissioner Koehler replied 7 am — 6 pm with no hauling on the weekends. 10 11 Chairman Daninger stated that the staff hears the concerns of the residents and 12 complimented her expression of her concerns. 13 14 Arlene Elin, 137 Andover Boulevard, described her home as the one where the trucks 15 come out and turn. She stated that she had talked to Mr. Smith and she waited to see if 16 there was more hauling being done. For her the issue is not about progress, but rather 17 prolonging it. It took all summer the last time and Mr. Smith sent a street sweeper. She 18 said that she hired someone to come out and power wash the house because she gave up 19 trying to clean it herself. Because the power washing had to be done with chemicals, plus 20 traditional power washing, her home had to be repainted. She noted that the other 21 buildings that were not power washed with chemicals do not need paint. Her total cost 22 was $7,200. She noted that there was some hauling a couple of weeks ago and there was 23 nothing all summer. She said she would like to "get this behind us" and if it could be 24 done in 2-3 weeks. The field that was talked about she believed never got done [planted 25 with seed] or was not done right. She stated she did not have a problem with the 26 development itself. She also believes that homeowners should be able to work directly 27 with Mr. Smith on concerns and that she was not there to represent others. She stated 28 that she knows one neighbor who had family members power wash her house for her. In 29 conclusion, Ms. Elin indicated that she appreciated the Commissioners listening to her. 30 31 Chairman Daninger commended Ms. Elin on her presentation and for being clear and 32 concise. 33 34 Mark Smith, 2120 Otter Lake Drive, Lino Lakes, developer, came to the podium for 35 questions. 36 37 Commissioner Koehler stated that he had heard that Mr. Smith had been talking to the 38 neighbors and thanked him for spraying the roads. 39 40 Mr. Smith stated that there are two areas, the one on the east side of Butternut was seeded 41 and mulched with hay and wet down. He noted that there was a lot of rain this year. The 42 area next to Mrs. Mohncamp's property was never touched. It is just the original field as 43 it was. He said that they may take some soil in the future from that location, but not thus 44 far. They have worked to control dust by using magnesium chloride and by controlling 45 the route. Regular Andover Planning and Zoning Commission Meeting Minutes — November 9, 2016 Page 4 2 Commissioner Koehler stated that he thought the timing would end at the end of 3 December 2016. Mr. Smith responded by explaining that there was an easement 4 discussion related to the right-of-way that caused a three-month delay. That was 5 approved just now and the season is coming to an end this year. In spring, they must wait 6 for road restrictions to come off, which is around May 15. Areas must be dry to dig dirt, 7 a wet spring could delay the work and then they have to wait for the timing of the subs 8 and the timing of their work. 9 10 Commissioner Koehler reiterated that the project was tied up with the weather, and it was 11 now coming into winter, and asked clarification as to why the deadline would be the end 12 of December of next year. Mr. Smith said that this had been an unusual year and that the 13 job will require three weeks of hauling and two weeks of preparation. He is worried that 14 there will not be the five to six weeks needed yet this year and that this year it was wet all 15 summer. He further stated that companies do not want to leave their equipment at a site 16 all winter. 17 18 Commissioner Koehler wondered why they were pushing for a date of December 3, 2017 19 if this year is the nicest it is going to get. Mr. Smith replied that if the watershed issue 20 had not stalled the work, the work could have gone until December 1 and if they had 21 started the work three to four weeks ago, they could have completed it. 22 23 Commissioner Nemeth stated that he agreed with Commissioner Koehler, and that 24 December 3, 2017 felt a little long. He said that he felt for the residents that have had to 25 endure the trucks going down the street and that he agreed with Ms. Elin. He 26 acknowledged that weather is an issue and encouraged Mr. Smith to get the work done in 27 a short period of time and to continue to work with the neighbors. He concluded by 28 saying that the City needs the lots, but that it is important to be good to the neighbors and 29 keep the dust down as much as you can and that he might prefer to shorten it up the 30 length of time. 31 32 Commissioner Hudson asked if it was a four to five-week project. Mr. Smith confirmed 33 that it is a short-term project and that it was a four to five-week project if all goes well. 34 35 Chairman Daninger commented that "we cannot always fix everything at the right time." 36 There were not weeds because the contractor planted it and the dirt was not disturbed by 37 the project. He suggested that a lawn mower might fix that, and clarified that was a 38 statement, not a motion. He postulated, "Can we just make this for two months?" And 39 asked if Mr. Smith was hauling based on when the lots are sold. Mr. Smith stated he was 40 not. 41 42 Chairman Daninger asked if the only reason to stop would be due to weather. Mr. Smith 43 stated that once the equipment is there he has to pay for it. Chairman Daninger stated 44 that he was clear on the start and finish. 45 Regular Andover Planning and Zoning Commission Meeting Minutes —November 9, 2016 Page 5 1 Ms. Hanson noted that the materials will be brought to the Catcher's Creek 2nd Addition. 2 The plat has not been finalized. 3 4 Chairman Daninger reiterated that "once you say good to go, that is it." 5 6 Mr. Smith noted there will be a plat for the Butternut Street properties as well and there 7 will still be excess dirt probably and then the developer will need to come back to the 8 Commission again. 9 10 Ms. Mohnkamp said that she would like to ask Mr. Smith how much he is going to take 1 l off of the dirt right next to her property, which she said was 20 feet from her house. She 12 asked about the huge equipment and if it would rattle her house and if it could crack the 13 foundation. Ms. Hanson replied that 57,000 cubic yards is what is being asked to be 14 approved. Ms. Mohnkamp stated that it is going to be really loud and asked if he could 15 put up a silt fence. Ms. Hanson confirmed a silt fence is a requirement of the permit. 16 17 Ms. Elin asked how the soil would be prepared when the dirt movement is done. Ms. 18 Hanson confirmed that it is a requirement to seed and restore. 19 20 Motion by Nemeth, seconded by Sims, to close the public hearing at 7:42 p.m. Motion 21 carried on a 6 -ayes, 0 -nays, 0 -absent vote. 22 23 Commissioner Daninger asked if there were questions of Commissioners and staff. 24 25 Commissioner Nemeth asked about the December 31, 2017 date. 26 27 Commissioner Koehler reiterated that Mr. Smith wants this done as soon as possible 28 because he cannot sell the homes without the grading being done. The project is four to 29 five weeks, but could be longer due to weather. His concern is that he does not want this 30 work done in the neighborhood during the holiday season. He expressed concern about 31 the permitting process being day driven, not timeline driven and that this does not mean 32 he is working the whole time. He wondered if there might be a creative way to give the 33 time Mr. Smith needs, that gives homeowners a window and is still flexible. 34 35 Commissioner Hudson said that his thought process is similar with two months to do the 36 work. He would like the developer to pick a start date and finish and that he was not so 37 concerned about what date. 38 39 Ms. Hanson stated that in the past we have not given a two-month permit. If there were 40 extenuating circumstances, there would need to be public hearings to extend the IUP. 41 42 Commissioner Koehler asked if it could be defined further. 43 Regular Andover Planning and Zoning Commission Meeting Minutes —November 9, 2016 Page 6 1 Commissioner Peterson asked if one of the conditions would be that work will stop eight 2 to ten weeks after the start of hauling. Ms. Hanson stated that the Commission could 3 make that recommendation as part of the resolution. 4 5 Commissioner Sims expressed concerns if Mr. Smith would run into a problem, he would 6 have to come back and ask for an extension. He also asked if the neighbors could be 7 notified. 8 9 Commissioner Peterson confirmed that it was clear that all parties want to get it done, but 10 it is more about notification than when it is going to take place. 11 12 Commissioner Sims stated that the neighbors could plan accordingly if notification was 13 given. 14 15 A resident spoke from the audience. 16 17 Commissioner Daninger confirmed that this is a public notification and a public hearing. 18 The residents have been notified that this is what this hearing is for. His concern was that 19 the notification has a big window. 20 21 Mr. Smith stated that the dirt is going to a plat being worked on by staff. That 22 preconstruction meeting could be that notice and that he is happy to notify. 23 24 Commissioner Daninger said he would like to be able to start the clock and say 8 weeks, 25 but there is no way to know when that will happen and that he did not know if anything 26 could be done in the resolution. He expressed not wanting to hinder the applicant. 27 28 Commissioner Nemeth stated that he. agreed and his slight hesitation was not wanting to 29 "box him into 8 weeks and then we get a lot of rain." He does not want the applicant to 30 have to come back to the Commission. He would like some leeway, but does not want 31 the project drawn out for 12-15 weeks. It needs to be expedient as much as possible. He 32 encouraged the residents to contact staff with any concerns wanting to balance the desire 33 for new lots with care for current residents. 34 35 Commissioner Koehler said that he was hesitant to say eight weeks arbitrarily, as we 36 have not put the tool in place to know how to do this as a time block. He suggested 37 looking as a Commission at this process in the future, the principle being, once this 38 project starts, the applicant must work steadily toward completion, barring an act of God. 39 40 Motion by Koehler, seconded by Nemeth, to recommend to the City Council approval of 41 the resolution. Motion carried on a 6 -ayes, 0 -nays, 1 -absent (Cleven) vote. The 42 resolution was modified and the staff was asked to help with the wording: 43 5. The end date would be November 30, 2017. Regular Andover Planning and Zoning Commission Meeting Minutes —November 9, 2016 Page 7 1 11. Once the project starts, the intention would be to continue the work, 2 uninterrupted, per terms of resolution until finished, barring unforeseen 3 circumstances. 4 5 City Planner Hanson stated that this item would be before the Council at the November 6 15, 2016 City Council meeting. 7 8 OTHER BUSINESS. 9 10 City Planner Hanson updated the Planning & Zoning Commission on related items. 11 12 On August 23, the City Council did approve with condition, the Preserve at Oak View. 13 The final plat was approved on October 4. The streets are in now and looks good. 14 15 The final plat for the Gray Oaks 4`s Addition was approved. There have issued 6 building 16 permits already. 17 18 The Estates of Arbor Oaks are under construction, open July 2017. 19 20 The ReMax building certificate of occupancy will be issued in the next week. December 21 15 will be the Grand Opening. 22 23 Andover Vet hospital certificate of occupancy will happen soon. They are bringing in 24 equipment now. 25 26 The certificate of occupancy for the AT & T store has been issued. 27 28 There have been 103 building permits issued so far this year. 29 30 The City received a $32,000 planning assistance grant. The funds will be used to update 31 the Comprehensive Plan. The update will begin in February 2017. Most of the funds will 32 be used to hire a consultant for the. Transportation Plan. 33 34 Planning and Zoning Commission terms are up at the end of January 2017. Applications 35 are due December 9. 36 37 Chairman Daninger stated that residents who are interested in being active in the City 38 could be involved in the Commissions. 39 40 Commissioner Nemeth asked how many lots are remaining in inventory in the City. Ms. 41 Hanson stated that she does not know the current count and could come back to the 42 Commission with that information. 43 44 Commissioner Nemeth asked about the hiring of a new Community Development 45 Director. Ms. Hanson said an announcement had not been made yet. Regular Andover Planning and Zoning Commission Meeting Minutes —November 9, 2016 Page 8 2 Ms. Hanson stated that the Commission may have a work session in December with a 3 preliminary plat to review as well as a CUP. 4 5 Ms. Hanson confirmed that Speck consulting was the firm selected to update the 6 transportation plan. 7 8 ADJOURNMENT. 9 10 Motion by Koehler, seconded by Nemeth, to adjourn the meeting at 8:10 p.m. Motion 11 carried on a 6 -ayes, 0 -nays, 1 -absent (Cleven) vote. 12 13 Respectfully Submitted, 14 15 16 17 Marlene White, Recording Secretary 18 TimeSaver Off Site Secretarial, Inc. 19 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners CC: /��% Joe Janish, Community Development Directof�/"/ FROM: Stephanie L. Hanson, City Planner SUBJECT: PUBLIC HEARING: Interim Use Permit — Land Reclamation — Preserve at Oak View — Hanson Builders Inc. DATE: December 13, 2016 DISCUSSION Hanson Builders Inc. is seeking an IUP to store up to 4,000 cubic yards of soil. The storage area is shown as part of the attached resolution. The soil is excess dirt from the Preserve at Oak View development and will be used for future custom grading of the lots as approved as part of the PUD plan. The stockpile of dirt is existing and there are no changes that would be made to the existing pile, except for minor subtractions and additions of dirt. The build out of the development is expected within 2 — 3 years; therefore the applicant requested the IUP to expire November 30, 2019. The stockpile has been graded to acceptable slopes reviewed by the City of Andover Engineering Department. The stockpile of dirt has been reviewed by the Coon Creek Watershed District and will not require a watershed permit. Silt Fencing and Vegetation Silt fencing will be required around the stockpile until vegetation has occurred to control any erosion. Silt fencing has been installed around the stockpile. Dormant seed was placed on the stockpile prior to the winter season. If the dormant seed does not lead to vegetation, the applicant will be required to ensure vegetation occurs by other measures. Any areas of the stockpile which are disturbed will be required to be re -seeded. Interim Use Permit Standards The Planning and Zoning Commission shall recommend an interim use permit and the Council shall issue such interim use permit only if it finds that such use at the proposed location: Will not create an excess burden on parks, streets, and other public facilities; Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; Will not have a negative effect on the values of property and scenic views; Will not impose additional unreasonable costs on the public; Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for the permission of the use, including a condition that the owner may be required to provide appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing and provide a recommendation to the City Council regarding the IUP request. Respectfully submitted, Stephanie L. Hanson City Planner Attachments Resolution Location Map Cc: Kathleen Hammer, Landform, 105 S 5t' Avenue, Suite 513, Mpls, MN 55401 Don Hanson, Hanson Builders, 13432 Hanson Blvd, Andover, MN 55304 EXHIBIT A Stockpile Volume ? 1 111 I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR STORAGE OF SOIL FOR THE PROPERTY LEGALLY DESCRIBED AS: Block 2, Lot 3, Preserve at Oak View, Anoka County, Minnesota WHEREAS, Hanson Builders, LLC requested an interim use permit for the storage of up to 4,000 cubic yards of soil; and, WHEREAS, the Planning and Zoning Commission held a public hearing on December 13, 2016; and, WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the interim use permit to allow for the storage of up to 4,000 cubic yards of soil on said property with the following conditions: 1. Soil must be stored in the area shown on the Stockpile Volume and Location Exhibit A. 2. Silt fencing shall be installed and maintained around the exterior of the stockpile and vegetation must be established. 3. All material shall be utilized in compliance with the City requirements. 4. Hours of hauling soil to the site are limited to Monday thru Friday 7:00 am — 6:00 pm, Saturday from 8:00 am —1:00 pm, no operations on Sunday. 5. The soil must be removed from the site no later than November 30, 2019. Adopted by the City Council of the City of Andover on this _ day of )2016. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Julie Trude, Mayor Iq00 . 908 _ T _ _ Ciro o�P 1 �c Chan tau o,O�O ._ ._ -_ _ 910•-.... � 7�R� I p I- ]� .,7-a5 49 Q-.,,,. r X 912 (9R.0) 910 Q06.1) / 08; 0�---- q06 i / \ ON, 4ft barbed wire fent INr-11TRATION ci 906 \ / 100 -YR � 802.67 E BTM=802.0 q08 T gA\ OUTLET=gO3.1 OF \ CL I a 9� 0>0 a�� w c / / OF 90 \ / \\S� O / / ,... I I li DEN UTTES / ® \ ' O// // q •�o qo , ♦ / / /' \ I 902 $x / 9 \ , ... / / EXE ST7NG �A•NQ UN.ESS SHOW 902 x / Pith O q10 / yrOUG x DENc ENores cuLverzfi�Iax. amou" S a0 _ o Y HOME BUILDER TYP.) store s60 yd3 ✓ FBWO = F � I i \ I FBlO F -.q02 �`+ SEW Gj7OLi41 L �. I FB - F / I M, t � s,�il stored: 500 yd3 I "e l��� 0, Preserve at oak View Location Date Created: August 17, 2016 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data.