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HomeMy WebLinkAboutOctober 12, 2004 r-, ~ ,-.. ~NDÒVE~ , \ \,-~ PLANNING AND ZONING COMMISSION MEETING - OCTOBER 12, 2004 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on October 12,2004, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Tony Gamache, Rex Greenwald, Jonathan Jasper and Michael Casey. Commissioners absent: Commissioner Dean Vatne. Also present: City Planner, Courtney Bednarz Planning Intern, Chris Vrchota Others rr 'ì 'J PUBLIC HEARING: REZONING (04-09) TO CHANGE THE ZONING DISTRICT FROM SINGLE FAMILY RURAL RESIDENTIAL (R-l) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPERTY LOCATED AT 15941 HANSON BOULEVARDNW. Mr. Bednarz explained the Planning Commissioner is asked to review the proposed rezoning to allow the Prairie Cove project to move forward. Mr. Bednarz discussed the staff report with the Commission. Commissioner Gamache assumed the existing home would hook up to sewer and water. Mr. Bednarz stated it would and is a condition that should be included in the resolution. Commissioner Greenwald wondered how many transitional residential properties were in Andover. Mr. Bednarz stated in the Cities Comprehensive Plan all of the areas that are within the MUSA boundary that are undeveloped or developed at a rural density are classified as transitional residential because eventually they will go to City sewer and water. Commissioner Greenwald asked if there were any other island cul-de-sac's in Andover. Mr. Bednarz stated they do not have an island as proposed but they do have a couple of ~-) planted entrance medians. Regular Andover Planni£b~nd Zoning Commission Meeting U Minutes - October 12, 2004 Page 2 ') '- / Motion by Gamache, seconded by Jasper, to open the public hearing at 7:08 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. There was no public input. Motion by Gamache, seconded by Casey, to close the public hearing at 7: 1 0 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Vatne) vote. Mr. Andy Prasky showed a rendering of the island cul-de-sac. Commissioner Jasper asked how the irrigation will attach to the cul-de-sac. Mr. Jason Osberg stated the water service will have its own separate connection on the center island. He stated City Engineers wanted to have this as a separate meter to be billed to the association. Mr. Bednarz stated the association documents have been submitted for review by the City. Chairperson Daninger asked if the picture shown was for current vegetation. Mr. Prasky stated it was an artists' rendition and the plants were selected for the island and would be appropriate for this in the future. Commissioner Jasper stated when they have previously done PUD's, they specifically / ) approve the landscaping. He wondered if the artists' rendition could be made a condition \.. -,' of the approval. Mr. Bednarz stated the rendering needs to be refmed to a more typical landscaping plan. Commissioner Jasper thought this should be added as a part of the condition for approval. Motion by Greenwald, seconded by Casey, to recommend to the City Council approval of Resolution No. _, approving the rezoning request based on the fact that times and conditions have changed. Motion carried on a 6-ayes, O-nays, I-absent (V atne) vote. Mr. Bednarz stated that this item would be before the Council at the October 19, 2004 City Council meeting. PUBLIC HEARING: PRELIMINARY PLAT OF PRAIRIE COVE, AN URBAN RESIDENTIAL DEVELOPMENT LOCATED AT 15941 HANSON BOULEVARD NW. Mr. Bednarz explained the Planning Commission is asked to review a preliminary plat for an urban development containing eight lots on 4.8 acres. .The Commission previously reviewed a sketch plan for this project. -,) Mr. Bednarz discussed the staff report with the Commission. Regular Andover Planni¥and Zoning Commission Meeting Ü Minutes - October 12, 2004 Page 3 !j " j Motion by Gamache, seconded by Jasper, to open the public hearing at 7:08 p.m. Motion carried on a 6-ayes, O-nays, I-absent (V atne) vote. Mr. Andy Prasky showed a rendering of the island cul-de-sac. Commissioner Jasper asked how the irrigation will attach to the cul-de-sac. Mr. Jason Osberg stated the water service will have its own separate connection on the center island. He stated City Engineers wanted to have this as a separate meter to be billed to the association. Mr. Bednarz stated the association documents have been submitted for review by the City. Chairperson Daninger asked if the picture shown was for current vegetation. Mr. Prasky stated it was an artists' rendition and the plants were selected for the island and would be appropriate for this in the future. Commissioner Jasper stated when they have previously done PUD's, they specifically approve the landscaping. He wondered if the artists' rendition could be made a condition of the approval. Mr. Bednarz stated the rendering needs to be refmed to a more typical landscaping plan. Commissioner Jasper thought this should be added as a part of the condition for approval. ,/ - ) , Motion by Greenwald, seconded by Casey, to recommend to the City Council approval - of Resolution No. _, approving the rezoning request based on the fact that times and conditions have changed. Motion carried on a 6-ayes, O-nays, I-absent (V atne) vote. Mr. Bednarz stated that this item would be before the Council at the October 19, 2004 City Council meeting. Motion by Gamache, seconded by Casey, to close the public hearing at 7:10 p.m. Motion carried on a 6-ayes, O-nays, I-absent (V atne) vote. Motion by Jasper, seconded by Daninger, to recommend to the City Council approval of Resolution No. _, approving the proposed preliminary plat conditioned on the 7 items in the Resolution including the following additions: 8. The applicant obtains the water hook up as described by staff. 9. The applicant provide the trail all the way to the Hanson Boulevard right-of-way. 10. The applicant refmes the landscape island as presented to the Commission with the planting shown. 11. The existing house needs to be connected to City sewer and water. Motion carried on a 6-ayes, O-nays, I-absent (V atne) vote. ì \.j - ,r) 0 Regular Andover Planni~' and Zoning Commission Meeting Minutes - October 12, 2004 Page 4 1/ -,~. : ) -~ Mr. Bednarz stated that this item would be before the Council at the October 19,2004 City Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT (04-07) TO ADOPT FLOODPLAIN MAP AMENDMENT FOR NORTHEASTERN ANDOVER AS APPROVED BY FEMA UNDER CASE NO. 04-05-3553P. Mr. Vrchota explained Pentagon Holdings is requesting that the City adopt floodplain map amendment for northeastern Andover as approved by FEMA under case No. 04-05- 3553p. The amendment would affect Flood Insurance Rate Map (FIRM) 270689 0010 B along Anoka County Ditches 6 and 71. Mr. Bednarz stated there was new information provided by the applicant before the meeting. Commissioner Kirchoff wondered if this should be discussed before review of the additional information because they should have an engineer review this first. Commissioner Gamache concurred. Commissioner Greenwald wondered if this is the only area left in the City that did not r- , have a study done regarding the flood plain. Mr. Bednarz stated this was correct. i", ) Commissioner Greenwald asked who was paying for the study. Mr. Bednarz stated the developer paid for the study. Commissioner Jasper stated he read the reports and the study they received and he did not understand procedurally what they are doing. Mr. Bednarz stated the Conditional Use Permit affords the City the opportunity to hold a public hearing, which is required by FEMA in order to approve the floodplain map amendment. Mr. Todd Shoemacher, Wenck Associates, Inc. made a presentation to the Planning Commission regarding the general floodplain study. Discussion ensued in regards to the flood plain map and Mr. Emmerich's letter. Commissioner Gamache asked when the city's topography map was made. Mr. Bednarz stated he believed they were made in the 1960's. Commissioner Gamache stated the discrepancies could be something over the last thirty years such as shifting in the land and perhaps not a big deal. Mr. Bednarz stated it could also be improvements to the land that has happened since that time. Commissioner Greenwald wondered how Mr. Emmerich knew the map was wrong. Mr. r,\ Bednarz stated every engineering memo he has seen since he started working in Andover \J - Regular Andover Planni~g~nd Zoning Commission Meeting Ü Minutes - October 12, 2004 Page 5 / ""\ , ) has put a disclosure statement, that the topography has been found to be up to two feet off and as a developer in Andover they have seen a few memos. Motion by Gamache, seconded by Kirchoff, to open the public hearing at 7:40 p.m. Motion carried on a 6-ayes, O-nays, I-absent (V atne) vote. Mr. Gary Johnson, 1055 161 st Avenue, wanted to clarify, at this point and time the City Engineers have not had an opportunity to look at this. Mr. Bednarz stated the map has been reviewed by the Engineering Dept., DNR, Watershed District and by FEMA. The information concerning the properties that are negatively affected caused the consultant to go out and do additional surveying that resulted in the facts just received this afternoon and it has not been reviewed by the Engineering Dept. Mr. Scott Wold, Pentagon Holdings, stated they initiated the FEMA study at the request of the City to go further with the Preliminary Plat and the reality is any given land owner that feels there is a discrepancy on the FEMA study, can do their own surveying and show the discrepancy is there, make an amendment to the FEMA study and change it to fit whatever discrepancy they find. He stated there are bound to be discrepancies and there is an avenue for an amendment to take place. Mr. Jondahl stated the conditional use permit approval is a step they have to get through / '- in order to get FEMA approval. Mr. Bednarz stated the City will approve the plan after -,~ FEMA approves it but there has to be a public hearing on it. Motion by Kirchoff, seconded by Gamache, to close the public hearing at 7:47 p.m. Motion carried on a 6-ayes, O-nays, I-absent (V atne) vote. Commissioner Kirchoff asked if Mr. Bednarz could explain what the insurance impact is on this. Mr. Bednarz stated if the property is shown on the flood plain map it is a red flag to cause the mortgage company to want the property to have flood insurance. Commissioner Kirchoff wondered if a single lot could be amended in the flood plain map. Mr. Bednarz stated if the lot is shown on the flood plain map, it could be further refmed to be flood way or flood fringe. Those two areas contain different regulations in their local flood plain ordinance. A flood fringe can be filled provided there is compensation elsewhere so no one else is flooded out and a flood way area cannot be built on without going through a substantial FEMA amendment. Commissioner Greenwald wondered what FEMA represents. Mr. Bednarz explained what FEMA is for. Commissioner Gamache thought there were huge discrepancies in the FEMA map and what RLK's report shows. He stated he was uncomfortable moving forward with this ~) because there are some huge discrepancies in the outer delineations of the flood plain. - Regular Andover Planni~15)and Zoning Commission Meeting 0 Minutes - October 12, 2004 Page 6 / " ) The Commission discussed the impact this study has on surrounding properties. ~ Mr. Bednarz stated they needed to field verify the parcels negatively impacted by this study. Mr. Bednarz explained to the Commission what their role is in reviewing and moving this item forward to FEMA and the City Council. Commissioner Jasper stated they were being asked to pass this on when the engineers in favor of it are saying there are two to three feet differences and if Commissioner Gamache was reading the map correctly, there are places where there are 150 foot variances in the map and they are being asked to pass a resolution that states it is not detrimental to the affect of the health, safety and general welfare of the City of Andover when they have a citizen and landowner that says it does and they do not understand it and with the information before him he cannot support this. Commissioner Kirchoff stated it was his understanding that based on the verified field study would cover them under that. Commissioner Jasper stated he did not know. He wondered when the land would be field verified and it seemed imprudent to approve something that is this serious and has this affect on such a large parcel of land without having this information. , . ì '.-/ Mr. Bednarz stated staff was recommending that the preparer of the study go out and field verify the sites they are proposing being negatively affected instead of adopting a map and then placing the onus on the property owner. He is recommending this be done before the City approves any map. Commissioner Casey thought it would be a good idea to move this forward so information could be brought to light. Commissioner Kirchoff concurred. Commissioner Gamache stated he wanted to make sure the field verifications were done correctly. Commissioner Greenwald agreed but he wondered if this could wait until the field verification was done before approval. He stated they had the public hearing but would prefer more information before making a recommendation. Chairperson Daninger stated he was also in favor of having more information and time to review it properly. Commissioner Gamache stated he was not comfortable with the wording presented regarding land being negatively impacted. Commissioner Greenwald wondered if they do not vote in favor of this, what they would do. Chairperson Daninger stated they would ask staff to come back in two weeks with /' " additional information. "---) Regular Andover Planni~¡and Zoning Commission Meeting (J Minutes - October 12, 2004 Page 7 :,J Commissioner Kirchoff stated when it comes to negative impact, he pictures a line drawn across property and if the flood plain hits the parcel then that property has a potential to be negatively impacted. Commissioner Gamache stated there could be someone not at the meeting that the line will be drawn and they will not know it until they try to develop the property and find out it is unbuildable because it is in the flood plain. Commissioner Kirchoff hoped that with the field verification of areas that are negatively impacted, every property owner in the study area has to be notified that they are either impacted or not. Mr. Bednarz stated it was important to point out that every property owner who has property negatively impacted by this has been notified and a neighborhood meeting was held, although not well attended. Mr. Shoemacher summarized the process they went through to get the data for the map amendment. Commissioner Casey thought they should still move forward with this because it would be in the best interest of everyone. Commissioner Kirchoff concurred and stated he felt much better about verifying negatively impacted areas. Commissioner Gamache thought they needed have further review on this but he thought they should move this forward. Commissioner Greenwald agreed. CJ Commissioner Jasper did not think they should move this forward and Chairperson Daninger agreed. Motion by Gamache, seconded by Casey, to recommend to the City Council approval of Resolution No. _, adopting the Conditional Use Permit conditioned on field verification on properties that are negatively impacted and approved by FEMA. Motion carried on a 4-ayes, 2-nays (Daninger, Jasper), I-absent (Vatne) vote. Mr. Bednarz stated this will not be placed on the City Council agenda until conditions are satisfied. PUBLIC HEARING: REZONING (03-06) TO CHANGE ZONING FROM SINGLE FAMILY RURAL RESIDENTIAL (R-l) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) AND MULTIPLE DWELLING MEDIUM DENSITY (M-l) FOR PROPERTY LOCATED AT 1101161sT A VENUE NW. Mr. Bednarz explained the Planning Commission is asked to review the proposed rezoning to allow the Country Oaks West project to move forward. Mr. Bednarz discussed the staff report with the Commission. , Motion by Gamache, seconded by Kirchoff, to open the public hearing at 8:58 p.m. ! \ ",J Motion carried on a 6-ayes, O-nays, I-absent (V atne) vote. Regular Andover PlanniQand Zoning Commission Meeting Ü Minutes - October 12, 2004 Page 8 , <.j Mr. Gary Johnson, 1055 161 st Avenue, stated he brought the issue up of drainage because part of his property ponds by the railroad tracks and his concern was some of the drainage from the development will go to his property and he is afraid of the premature failure of his septic system. He wondered if the system failed prematurely, who is responsible for it. Mr. Opatz stated one ofthe City's requirements is to make sure they are not draining more water onto neighboring properties than already exists. He stated they make sure they do not do this. Commissioner Jasper asked ifthe development will land lock Mr. Johnson's property and makes it un-developable because the County will not allow another access onto the Highway. Mr. Bednarz stated Mr. Johnson has an existing driveway which comes out onto CountY Road 20 which he has rights to going into the future. As far as a public street access from County Road 20, this would probably not be likely in the future. Commissioner Jasper thought this would make the land un-developable because there is no other way to access the property. Mr. Bednarz stated there is potential limited access to the west if the existing home is incorporated into it off the cul-de-sac for public access. He also reminded the commission that this is what Mr. Johnson wanted. Motion by Kirchoff, seconded by Gamache, to close the public hearing at 9:06 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Vatne) vote. r----'" , ¡ '--./' Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of Resolution No. _, approving the rezoning request based on the fact that times and conditions have changed. Motion carried on a 6-ayes, O-nays, I-absent (V atne) vote. Mr. Bednarz stated that this item would be before the Council at the November 3,2004 City Council meeting. PUBLIC HEARING: PRELIMINARY PLAT FOR COUNTRY OAKS WEST, AN URBAN RESIDENTIAL DEVELOPMENT LOCA TED AT lI01161sT A VENUE NW Mr. Bednarz explained the Planning Commission is asked to review a preliminary plat with Planned Unit Development review as provided under City Code 13-3. The development contains single family and twin house lots. The Planning Commission previously reviewed a sketch plan of the subject property on two occasions. Mr. Bednarz discussed the staff report with the Commission. Motion by Gamache, seconded by Kirchoff, to open the public hearing at 8:58 p.m. Motion carried on a 6-ayes, O-nays, I-absent (V atne) vote. '\ '0 - Regular Andover PlanniQand Zoning Commission Meeting 0 Minutes - October 12, 2004 Page 9 ,/ '\ I \-J Commissioner Greenwald stated they have a very long cul-de-sac which will be a collector street. He asked when the road would go through to the north. Mr. Bednarz showed a road and traffic map and explained how the road will go through the area. Chairperson Daninger asked if based upon their previous recommendation to Council, would there still be a variance for lots fronting on a collector street. Mr. Bednarz stated there is a variance until the commissions recommended changes to this requirement are approved by Council. Commissioner Gamache asked if the plat met all of the sewer requirements. Mr. Bednarz stated the City approved the Comprehensive Plan Amendment to extend the MUSA area to allow this area to develop with City sewer and water and with that amendment they limited the site to one hundred units. What is proposed at this point in the preliminary plat are one hundred individual lots. Chairperson Daninger stated the resolution says "Park dedication shall be paid per City Code 11-3-7 with credit for dedication to park land". He stated there was a little bit of discussion about this and he wondered if this was standard wording. Mr. Bednarz stated the Park Commission met last Thursday to discuss their recommendation for the proposed park location. He showed on the map where they wanted the park. He stated this would satisfy a portion of the park dedication for the property. The developer ~-, subsequently proposed to make improvements to the park with play ground equipment ( \ "----- ) and ball fields at the same time as the development goes in and has requested dollar for dollar credit in terms of park dedication for those improvements. The Park Commission recommended that staff and the developer work together to arrive at what the cost of those improvements would be and they would subsequently recommend what level of credit would be recommended to the Council for the park improvements. Commissioner Greenwald stated he was concerned with the potential future road going through the development because they will be putting driveways on the road and in the : : future the road may become busy as a through road. Commissioner Jasper stated there was a discussion at a prior meeting in the minutes that there be a private crossing at the railroad that is in existence now and whether the developer was going to purchase that land so another access could be put into that plat. He wondered what became of that. Mr. Bednarz stated that was not a part of the proposal. Commissioner Gamache thought Burlington Northern Railroad would not allow this to be a permanent crossing. Commissioner Jasper stated the motion in the staff report dealing with the rezoning discussed how zero to three units per acres is allowed and up to four units per acre with a I ; PUD was allowed but the way he calculated the density on the twin homes was more than , i four units per acre. Mr. Bednarz stated the density for the entire development is less than (~ two units per acre which includes single family and twin homes. ; i I - Regular Andover Planni~-;¿nd Zoning Commission Meeting U Minutes - October 12, 2004 Page 10 /'- -~'. '<J Mr. Scott Wold, Pentagon Holding showed a color rendering of a home being proposed for development on the land. He thought the twin homes would be a nice buffer ITom the railroad tracks to the development. Commissioner Jasper wondered if the irrigation went with the entire development or just the twin homes. Mr. Wold stated they are proposing irrigation for the twin homes and the park land. He stated they will have numerous landscape upgrades added to he development and they will also have three to four inch evergreen trees along the park for a boulevard look as part of the PUD. Mr. Wold explained what they would like to do in the park area. Commissioner Jasper wondered if the park would be open to the public. Mr. Wold stated it would be a public park. Commissioner Kirchoff asked if they were able to make adjustments to Block 6, Lot 6 to meet the requirements or were they still asking for a variance on that. Mr. Wold believed they made those adjustments. Mr. Leon Opatz, RLK Kuusisto, stated they are in the process of getting in touch with the DNR to ask them if they could fill in a small area of the wetland that is encroaching the lot and if they are allowed to fill this in they will meet the City's build-ability requirements on that lot. If they do not allow them to do that, /- -, they can shift lot lines over in order to make that work but they would prefer to fill in the . \ \..J wetland at this time. Commissioner Jasper wondered if the Highway Department's issues with the site triangle have been addressed. Mr. Bednarz stated the developer has proposed to clear the County right-of-way within the site comer and not on private property outside of that. If the City were to choose more clearing outside the R-O-W that could be done on the portion that is a part of this plat but is not proposed by the developer at this point. Commissioner Greenwald stated they should have more than a temporary cul-de-sac at the end so fire engines and emergency vehicles could turn around. He suggested something more like a permanent cul-de-sac. Commissioner Kirchoff wondered if a temporary cul-de-sac would have the same turning radius as a permanent cul-de-sac. Mr. Bednarz stated it will provide adequate room for emergency vehicles to turn around in. Motion by Kirchoff, seconded by Gamache, to close the public hearing at 9:06 p.m. Motion carried on a 6-ayes, O-nays, I-absent (V atne) vote. Commissioner Greenwald stated they are at the PUD status and he wondered if anyone else was comfortable with this. Commissioner Gamache stated he was very comfortable -- \ with this. ',J' Regular Andover Planni¥and Zoning Commission Meeting Ü Minutes - October 12, 2004 - -, Page II , , \'-_J Chairperson Daninger stated the park dedication will be reviewed further by the Park Commission. Motion by Gamache, seconded by Casey, to recommend to the City Council approval of Resolution No. _, approving the proposed preliminary plat. Motion carried on a 6- ayes, O-nays, I-absent 01 atne) vote. Mr. Bednarz stated that this item would be before the Council at the November 3, 2004 City Council meeting. PUBLIC HEARING: PRELIMINARY PLAT FOR KIMBERLY OAKS, A RURAL RESIDENTIAL DEVELOPMENT LOCATED AT 16337 VERDIN STREET NW Mr. Bednarz explained the Planning Commission is asked to review a rural plat containing ten rural residential lots. All existing structures will be removed from the property. Mr. Bednarz discussed the staff report with the Commission. Commissioner Greenwald thought a trail to be required to be installed because Rum ,f· '\ River School is close by and children will be required to walk to the school. .. \ '- J Commissioner Kirchoff wondered where the trail could be put in. -- Motion by Greenwald, seconded by Gamache, to open the public hearing at 9:23 p.m. Motion carried on a 6-ayes, O-nays, I-absent 01 atne) vote. Ms. Valerie Hertz, 16621 Verdin Street, stated she did not have a problem with what was going on but had a question regarding the map. She wondered what the road was on outlot B. She stated her other concern is the right turn access from Verdin onto I 64th and if this will impact their property. Mr. Vrchota stated the first condition is to eliminate outlots A and B which are not buildable. Commissioner Gamache thought the right turn lane was on the County right- of-way. Mr. Bednarz stated the County is requiring a right turn lane into the development and the County or developer will not be able to encroach on her property. Ms. Hertz explained children do walk along Verdin to get to Rum River School and a trail would not help along there until it goes all the way to Rum River School. Mr. Dale Howard, 16178, developer of the property stated the south lot would be over three hundred feet so the right-of-way would not be in that residents' property. He stated Outlot B, the denimious for filling wetland is five thousand feet for that type of wetland , so they had approximately four hundred for the extended cul-de-sac to the east and the ; , \,_J fifteen foot driveway to Outlot B is for a future resident. - Regular Andover Planni¥and Zoning Commission Meeting (J '--' Minutes - October 12, 2004 Page 12 , \ -- Mr. Bednarz explained Outlots A and B will be combined with adjoining properties. Motion by Gamache, seconded by Kirchoff, to close the public hearing at 9:37 p.m. Motion carried on a 6-ayes, O-nays, I-absent (V atne) vote. Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of Resolution No. _, approving the proposed plat. Motion carried on a 6- ayes,O-nays, I-absent (Vatne) vote. Mr. Bednarz stated that this item would be before the Council at the November 3, 2004 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. :- ) Motion by Gamache, seconded by Kirchoff, to adjourn the meeting at 9:40 p.m. Motion , I carried on a 6-ayes, O-nays, I-absent (V atne) vote. ~ Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. ~~ -