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HomeMy WebLinkAboutJune 11, 2002 u o ~ o u CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JUNE]1, 2002 The Regular Bi-Monthly Meeting ofthe Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on June 11,2002, 7:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Jay Squires, Commissioners Dean Daninger, Tim Kirchoff, Mark Hedin, Tony Gamache, and Rex Greenwald. Commissioners absent: Commissioner Douglas Falk. Also present: City Planner, Courtney Bednarz Associate Planner, D. Tyler McKay Community Development Director,. Will Neumeister Chair Squires stated that Items 5 and 6 would be moved to the beginning of the agenda with Item 7 to follow. He stated that after Item 7 is addressed the Commission would take up the remaining items in their normal sequence. APPROVAL OF MINUTES Community Development Director Will Neumeister stated that the minutes from the last meeting will be up for approval at the next Planning Commission meeting. 5. PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR WOODLAND DEVELOPMENT FOR PROPERTY LOCATED IN SECTIONS 21 AND 22, TOWNSHIP 32, RANGE 24. City Planner Courtney Bednarz requested this item to be tabled until the June 25, 2002 Planning Commission since the Andover Review Committee has identified a number of concerns with the proposed sketch plan that will require a revised drawing. Motion by Hedin, seconded by Daninger, to table this item to the June 25, 2002 Planning' Commission meeting. o o CJ Regular Andover Planning and Zoning Commission Meeting Minutes - June 11, 2002 Page 2 Further Discussion Chair Squires mentioned that new notices would be sent out to the same property owners that received a notice for this public hearing. Motion carried on a 6-ayes, O-nays, I-absent (Falk) vote. 6. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT TO ADJUST THE 2020 MUSA BOUNDARY TO INCLUDE OUTLOT C OF WOODLAND ESTATES SECOND ADDITION. Mr. Neumeister summarized the staff report. Commissioner Kirchoff questioned if a specific area is also included in the Ag Preserve land. Mr. Neumeister stated that staffhas researched this thoroughly and has determined that the area in question isn't part of the Ag Preserve program. o Commissioner Hedin questioned if this should be tabled until the sketch plan is reviewed. Mr. Neumeister explained that the sketch plan that was tabled is a different issue; therefore it requires separate action from the Commission. He mentioned that this item has previously had a sketch plan review. Commissioner Greenwald questioned where the Ag Preserve land stops. Mr. Neumeister explained. Commissioner Daninger questioned ifthere would be any variances. Mr. Neumeister stated no. Chair Squires stated that he is going to refrain from the participating in the discussion and the vote, since his home is very close to the site being discussed. Motion by Greenwald, seconded by Gamache, to open the public hearing at 7:11 p.m. Motion carried on a 5-ayes, O-nays, I-abstain (Squires), I-absent (Falk) vote. Dan Johnson, 2165 I54!h Lane, stated that he lives approximately two blocks from the site. He stated that the site probably consists of peat land. He questioned if people realize that when they move in there, there will be frequent dust storms. He stated that he's concerned that eventually the peat will be dug out and houses will be built. He questioned what the purpose is of the rules if the City is continually bending them. He recommended the Commission stick with the original dates as to when the land would be developed. Gaylon Hora, 2358 l51S! Avenue, stated that he's in favor of this. He mentioned that in U'~ his mind he would rather the City finish it off into a street rather than leaving it as an unfinished cul-de-sac. :] C) \~ (,) (J RegulaJ4 Andover Planning and Zoning Commission Meeting Minutes -June 11,2002 Page 3 Al Hanon, 15394 Uplander Street, stated that he lives next to the area. He questioned if the shaded area on the map is in the 2020 plan. He stated that his concern is that if the City is able to change the rules on the shaded area then how soon would the rest of the area be changed to accommodate the builders. He stated that he supports the 2020 rules. There was no further public input. Motion by Greenwald, seconded by Daninger, to close the public hearing at 7:18 p.m. Motion carried on a 5-ayes, O-nays, I-abstain (Squires), I-absent (Falk) vote. Commissioner Kirchoff questioned what the difference is between the 2020 MUSA boundary and the Ag Preserve. He questioned what's the chance of the Ag Preserve changing. Mr. Neumeister stated that it takes 8 years for the property to be changed to Ag Preserve. Mr. Bednarz mentioned that the owner of the property has petitioned to have the Ag Preserve identification removed, however this would take another 7 years. Commissioner Kirchoff stated that he would support the request since the property is outside the Ag Preserve area and it's developable land. Commissioner Greenwald agreed. Commissioner Hedin questioned how often something like this happens. Mr. Neumeister stated that a request such as this may come before the Commission numerous times over a 10 year time frame. He stated that he feels it's a unique situation and a logical change. Commissioner Hedin questioned if the City Council were to approve this, then would the Metropolitan Council also approve it Mr. Neumeister eXplained that staff would submit it to them but doesn't expect any problems with adding it into the MUSA. ' Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of a MUSA boundary line adjustment to include the five acres within the MUSA Area. Motion carried on a 5-ayes, O-nays, I-abstain (Squires), I-absent (Falk) vote. Chair Squires questioned if the property owners would be notified as to when it will go before the Council. Mr. Neumeister stated yes. 7. PUBLIC HEARING: VARIANCE (02-04) - VARIANCE TO ORDINANCE NO.8, SECTION 6.02 MINIMUM DISTRICT PROVISIONS FOR REDUCTION OF SIDE YARD SETBACK FOR PROPOSED DETACHED ACCESSORY BUILDING LOCATED AT 1735148TH LANE NW-RICHARD WAGNER. u o (j Regular Andover Planning and Zoning Commission Meeting Minutes - June 11, 2002 Page 4 Mr. Bednarz stated that the applicant has requested this item be tabled until an ordinance amendment has been finalized. Motioll by Daninger, seconded by Greenwald, to table this item as requested by the applicant until an ordinance amendment has been finalized. Motion carried on a 6-ayes, O-nays, I-absent (Falk) vote. 2. PUBLIC HEARING: AMEND THE OFFICIAL ZONING MAP TO REZONE PROPERTY FROM NEIGHBORHOOD BUSINESS (NB) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR THREE PROPERTIES AT THE INTERSECTION OF CROSSTOWN BOULEVARD AND CROSSTOWN DRIVE EAST OF, NORTH OF AND AT 13875 CROSSTOWN BOULEVARD. Mr. Bednarz summarized the report. Motion by Gamache, seconded by Daninger, to open the public hearing at 7:28 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Falk) vote. There was no public input. (J Motioll by Kirchoff, seconded by Hedin, to close the public hearing at 7:28 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Falk) vote. The Commission discussed this at a previous meeting; therefore there was no further discussion. Motion by Greenwald, seconded by Hedin, to recommend to the City Council approval of Ordinance No.8, an Ordinance Amending Ordinance No.8, Section 6.03, Zoning District Map of the City of Andover. Motion carried on a 6-ayes, O-nays, I-absent (Falk) vote. Mr. Bednarz stated that this item would go before the City Council at the July 2, 2002 City Council meeting. 3. PUBLIC HEARING: SPECIAL USE PERMIT (02-08) TO ALLOW TEMPORARY CLASSROOMS FOR THE MEADOW CREEK CHRISTIAN SCHOOL AT 3037 BUNKER LAKE BOULEVARD NW. Associate Planner D. Tyler McKay summarized the staff report. Commissioner Gamache questioned ifthere would be just one building with four classrooms. Mr. McKay stated that that is correct. (j Commissioner Daninger stated that he will refrain from the discussion and from voting '-- since he will have a child attending the school next year. () /-~ \. I --" o C) o Regular Andover Planning and Zoning Commission Meeting Minutes -June 11,2002 Page 5 Commissioner Kirchoff stated that he supports the concept. He questioned if further reduction of the speed limit along Bunker Lake Blvd. would be required. Mr. McKay stated that he isn't aware of any changes that will be made to the speed limit. Commissioner Kirchoff questioned if the length of time the speed limit is reduced would be lengthened. Mr. McKay stated that to his understanding the length of time the speed limit is reduced would not change. Chair Squires mentioned that the resolution doesn't say that the Conditional Use Permit is void upon completion. Mr. McKay stated that this could be added if this is the Commission's request. Chair Squires suggested there be some control or an end to it. He suggested the permit expire June 11,2007, which would provide plenty of time. Mr. Bednarz mentioned that there is a letter from the applicant in the staff report that states a completion date of2005. Chair Squires suggested the Commission go with 2007 since it would give the applicant some flexibility. Commissioner Greenwald agreed. Motion by Greenwald, seconded by Hedin, to open the public hearing at 7:36 p.m. Motion carried on a 5-ayes, O-nays, I-abstain (Daninger), I-absent (Falk) vote. Scott McLellan, 1444 McLeod Street - Columbia Heights, explained that the new facilities will help relieve some pressure off the school. Chair Squires questioned if the five-year period would give them adequate time. Mr. McLellan stated that this would be greatly appreciated. He mentioned that they do need to develop the campus in order to keep students coming to Meadow Creek. Commissioner Greenwald questioned Mr. McLellan ifhe has any issues or concerns with the proposed resolution. Mr. McLellan stated that he hasn't seen the proposed resolution, however has been in contact with staff and at this point is in agreement with the conditions. Commissioner Greenwald suggested approving the request and allowing the permit for two years beyond the completion. Chair Squires mentioned that then there is no end date. Commissioner Kirchoff questioned the number of students that attend Meadow Creek. Mr. McLellan stated that there are 700 students from preschool through 12th grade. Warren Hense, 2936 139th Avenue, NW, stated that in the 8 years he has lived on his property the church has always been a good neighbor. He questioned if the same o o Regular Andover Planning and Zoning Commission Meeting Minutes - June 11, 2002 / .... Page 6 , ' . . / amenities would apply for this building. He mentioned that they are concerned that the aesthetics are maintained since their property abuts the school property. Mr. McLellan explained that their proposal is to purchase from the school district, furthermore the only exposure they will have are to the rear properties. He mentioned that they would be made as attractive as possible and everything would be cleaned up as necessary. Joe Weium, 2033 l5lst Lane NW, explained that the school does need to expand since they are currently on a waiting list. She mentioned that it's an excellent school; therefore she encouraged the Commission to allow them to expand. She questioned the reason for the additional classroom. Mr. McLellan explained that it would be for the students on the waiting list. There was no further public input. Motioll by Greenwald, seconded by Kirchoff, to close the public hearing at 7:45 p.m. Motion carried on a 5-ayes, O-nays, I-abstain (Daninger), I-absent (Falk) vote. , ) '-,. Motioll by Greenwald, seconded by Hedin, to recommend to the City Council approval of Resolution No. R_, Approving the Special Use Permit request of Meadow Creek Christian School to Allow Temporary Classrooms for Property Located at 3037 Bunker Lake Boulevard NW, subject to the conditions stated in the resolution. Further Discussion Chair Squires suggested an additional condition be added to state, that the Special Use Permit would expire by June 11,2007 or earlier upon the sale of the premises for which the Special Use Permit is granted. Commissioner Greenwald and Commissioner Hedin agreed to the amendment. Motion carried on a 5-ayes, O-nays, I-abstain (Daninger), I-absent (Falk) vote. Mr. Bednarz stated that this item would go before the City Council at the July 2, 2002 City Council meeting. 4. PUBLIC HEARING: LOT SPLIT (02-05) TO CREATE TWO SINGLE FAMILY RURAL RESIENTIAL LOTS SOUTHEAST OF THE INTERSECTION OF ROUND LAKE BOULEVARD AND 181sT A VENUE NW. Mr. McKay summarized the staff report. . --\ ....J (~~, <J (J o u o Regular Andover Planning and Zoning Commission Meeting Minutes - June 11, 2002 Page 7 Mr. McKay stated that staff did receive a letter from Ken Meyer, 3028 181 s! Ave. NW, stating concerns about the impact on the adjoining wetland. It suggests that the lower lot size could create more run off. Commissioner Kirchoff questioned if there would be two septic systems. Mr. McKay stated that that is correct. He mentioned that it's a requirement to have 10,000 square feet. Commissioner Daninger questioned if there were any more specifics as to why the Planning Commission didn't approve something in the past on this particular site. Mr. McKay explained that the past request that was denied was for a rezoning, however this is for a lot split. He stated that he did look in past reports, however couldn't find when that request went before the Commission. Motion by Daninger, seconded by Kirchoff, to open the public hearing at 7:53 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Falk) vote. Jim Szykulski, 18015 Round Lake Blvd., stated that what was denied previously was a proposal for a Bill's Superette. He mentioned that they are planning to build away from the wetlands. Commissioner Hedin questioned when the proposal for the Bill's Superette was before the Commission. Mr. Szykulski stated that it was about six or seven years ago. Commissioner Greenwald mentioned that the wetland is mostly on Mr. Meyer's (the resident that wrote the letter) land. Mr. Szykulski stated that that is correct. There was no further public input. Motion by Daninger, seconded by Gamache, to close the public hearing at 7:56 p.m. Motion carried on a 6-ayes, O-nays, I-absent CFalk) vote. Commissioner Daninger stated that he's comfortable with the lot split, since it appears the wetland isn't on the property. Chair Squires stated that for the record a letter dated June 11, 2002 was written by Ken Meyer, 3028 l81S! Ave. NW, stating that he's opposed to the request due to the impact it would have on the wetland. It states that the run-off from the increased surface area will be impervious to water will end up in the wetland, along with any of the attendant gas, and oil spills from vehicles, fertilizers, and herbicides used by landowners. Commissioner Greenwald questioned the reason Mr. Meyer wasn't notified. Mr. Neumeister stated that Mr. Meyer's address is listed as an Andover address, from the records at Anoka County, however, the post office won't deliver it unless it had a Cedar, Minnesota address. () (J o u o Regular Andover Planning and Zoning Commission Meeting Minutes - June 11, 2002 Page 8 Commissioner Hedin questioned ifit's correct that they aren't requesting to rezone the property and the property is over 2.5 acres. Mr. McKay stated that that is correct. Commissioner Greenwald questioned how he would go about fighting this request ifhe were opposed to it. Mr. Neumeister stated that the process is that the residents are encouraged to come to the public hearings, and ifthey can't make it, it's recommended they write a letter. The Commission and Council then can take the residents opinions and concerns into consideration. Commissioner Greenwald mentioned that he doesn't have the knowledge to answer the aquatic concerns of Mr. Meyer. Mr. Neumeister stated that these issues are beyond the City's control. Commissioner Hedin mentioned that if the lot split were to go through, the property lines will match up to the two lots on the opposite side of the street, therefore it isn't out of character. Commissioner Daninger stated that he supports the request. Motion by Kirchoff, seconded by Daninger, to recommend to the City Council approval of Resolution No. _, Approving the Lot Split Request for James M. Szykulski to Subdivide Property into two Rural Residential Lots for Property Located at 18015 Round Lake Boulevard NW, subject to the conditions as stated in the Resolution. Motion carried on a 6-ayes, O-nays, I-absent CFalk) vote. Mr. Bednarz stated that this item would go before the City Council at the July 2, 2002 City Council meeting. 8. PUBLIC HEARING: TO CONSIDER AMENDMENTS TO ORDINANCE 10- (SUBDIVISION ORDINANCE). THE CHANGES WOULD INCLUDE REVISIONS TO DEFINITIONS, AND SECTIONS 10.02 AND 10.03. THIS ORDINANCE AMENDMENT WOULD BE CITYWIDE. Mr. Neumeister summarized the staffreport. Commissioner Greenwald questioned if the City has ever gone after someone with a performance bond. He also questioned the reasoning behind the 150%. Mr. Neumeister explained that the 150% has been in the contract for years. He explained the reasoning behind it. Commissioner Greenwald questioned if 150% is common in other cities. Mr. Neumeister stated that 150% is typical in other cities. o o Regular Andover Planning and Zoning Commission Meeting Minutes - June 11, 2002 (/" .,) Page 9 \.J Commissioner Greenwald questioned the reason behind the last bullet point on the first page of the staff report. He questioned the reason for the increase from 15% to 125%. Mr. Neumeister explained that the money is a guarantee for the connections to utilities, driveways, etc. He stated that ifit's only 15%, the City could run into trouble if the issues aren't completed by the developer. Commissioner Greenwald questioned the reason it would fall back on the City and not the homeowners. Mr. Neumeister explained that the reason it falls back on the City is because it's part of the plat requirement. Commissioner Greenwald questioned what would happen ifthere were 1,000 lots developed by the year 2010. Mr. Neumeister stated that he's unsure of how it's been done in Andover, however he explained how it's been done in cities where he's previously worked. Commissioner Greenwald stated that he feels the 125% is too high. He mentioned that the City has other ways to protect themselves. (J Commissioner Greenwald questioned how many lots could be developed in the City. Mr. Bednarz stated that within the current 2020 MUSA line there could be 1,500 to 1,700 lots. Chair Squires questioned if the development escrow rates are all compared equally between the four cities listed in the staff report. Chair Squires questioned ifmost ofthe things on the bottom of page 7 and top of page 8 could be assessed against the property. Mr. Neumeister stated yes. Chair Squires questioned the reason there needs to be a 125%. He stated that he can understand the 150% on the developer-installed improvements. Commissioner Kirchoff stated that it wouldn't be fair to the property owner to be assessed at the time of closing. Chair Squires agreed. Mr. Neumeister explained that the City needs some protection in case the economy were to drop and there were a number of developments going in. He mentioned that the City is financially responsible for the bond payments that come due. Chair Squires mentioned that if the economy drops substantially and it was tax forfeited, the taxpayers would end up funding it. Mr. Neumeister mentioned that the City Council feels 50% is more appropriate. (J () ('-\, \ I ------ o u o Regular Andover Planning and Zoning Commission Meeting Minutes - June 11, 2002 Page 10 Commissioner Hedin questioned if the City has received any feedback from smaller developers to find out if this is the reason they aren't developing. Mr. Neumeister stated that staff hasn't heard from any small developers. Commissioner Kirchoff suggested maybe changing it to 50% now and possibly increasing it later. Commissioner Daninger questioned ifthere would even be a change if the Commission recommended one, since the goal setting group is recommending 50%. Chair Squires stated that to him it's more acceptable to potentially shut out smaller developers by raising the escrow than to have the project go bad and the taxpayers pay the price. Commissioner Gamache agreed. Commissioner Hedin mentioned that if a smaller developer is cutting things that close, then the City may not want them taking the chance anyway. He agreed with having the percentage set higher. Chair Squires stated that it would be worth while to make sure the Commission is comparing apples to apples when looking at the Development Contract Comparisons Chart that's included in the staff report. Commissioner Greenwald stated that it seems there are a lot of inconsistencies. Commissioner Kirchoff questioned if the developers are responsible for putting in the improvements, then why would anything be necessary. He mentioned that he appreciates the words "sod or seed" in the ordinance. Motion by Greenwald, seconded by Hedin, to open the public hearing at 8:38 p.m. Motion carried on a 6-ayes, O-nays, I-absent CFalk) vote. Rosella Stanseby, 4151 14151 Avenue NW, mentioned that she hasn't even seen a copy of the changes; therefore she can't make a decision regarding the proposed changes. She mentioned that there haven't been any problems in the past, therefore why is the City making the change. She stated that the only problems are all the technical changes the City makes without informing the residents. She stated that she objects to the changes. Mr. Neumeister stated that there is a public copy in the entryway of the City Hall. There was no further public input. Motion by Greenwald, seconded by Gamache, to close the public hearing at 8:40 p.m. Motion carried on a 6-ayes, O-nays, I-absent CFalk) vote. u o Regular Andover Planning and Zoning Commission Meeting Minutes - June 11, 2002 ,-..... Page 11 (,) Mr. Neumeister stated that the Council wants to know the Commission has heard the changes and agrees with them in concept. Commissioner Greenwald stated that he would like to see a comparison chart including the cities that surround Andover. He requested there be an explanation if there is a difference between the cities. Chair Squires questioned if it would be possible to get a copy of the developer's agreements from the surrounding cities. Commissioner Greenwald stated that he agrees with Ms. Sonsteby. Mr. Neumeister stated that he would get copies of the developer's agreements from surrounding cities. Commissioner Greenwald mentioned that this could add staff since every time something is added to an ordinance someone needs to make sure they are being met. Mr. Bednarz stated that this should save time at the staff level. r'~ \. j -- Commissioner Daninger questioned if cable is the City's choice for communications instead of satellite. Mr. Bednarz explained that cable is an improvement that's put in citywide, however if a homeowner chooses satellite instead they would be responsible for those costs. Commissioner Kirchoff agreed that it might be good to look at it again. Commissioner Gamache questioned if the agreement needs to be nailed down 100%, or is the Commission just suppose to agree with it in concept. Commissioner Hedin stated that he's comfortable with 125% of the escrow, furthermore he agreed with the agreement in concept. He stated that he doesn't see any reason to look at the agreement at a future meeting. Commissioner Gamache stated that he agrees with the agreement in concept. Mr. Neumeister agreed that the development contract comparisons chart is difficult to read. He agreed to make clarifications on the chart and obtain developer's agreements from other cities. Commissioner Greenwald mentioned that the Commission is an advisory board. He suggested it be reviewed in two weeks. r-\ t-.J Chair Squires suggested the information be gathered and further clarified by staff. He suggested staff provide the information for the Commissioners in the next meeting packet for their review. u (J ,r- Regular Andover Planning and Zoning Commission Meeting Minutes -June 11,2002 Page 12 Commissioner Daninger agreed to see a summary provided by staff. Commissioner Greenwald agreed. Chair Squires questioned who from the Commission is in support of the 125% as recommended by staff. The majority of the Commission agreed with the 125%. Commissioner Gamache mentioned that the City is asking the developer to be responsible for streets, utilities, etc. and if they don't comply, the City has the escrow to leverage the developer to complete the work. Chair Squires mentioned that the consensus is for the item to move on and for staff to provide an update in the packet for the next Planning Commission meeting. Chair Squires mentioned that he would also like to see a copy of the developer's agreements from the surrounding cities. OTHER BUSINESS There was no other business. ADJOURNMENT \'- } Motion by Daninger, seconded by Gamache, to adjourn the meeting at 8:56 p.m. Motion carried on 6-ayes, O-nays, I-absent (Falk) vote. Respectfully Submitted, Sara Beck, Recording Secretary TimeSaver Off Site Secretarial, Inc. r-\ , \ ,J "-