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HomeMy WebLinkAboutAugust 28, 2001 r '\ o o ~ o o ~ a..Q..J u.YLL:tt:Ln q - ~ 5 - C\ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING -AUGUST 28,2001 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on August 28,2001, 7:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Jay Squires, Commissioners Douglas Falk, Mark Hedin, Dean Daninger, Larry Dalien, Tim Kirchoff and Rex Greenwald. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarz Planning Intern, Jason Angell Others APPROVAL OF MINUTES August 14,2001 Motion by Falk, seconded by Daninger, to approve the minutes as presented. Motion carried on a 5-ayes, O-nays, 2-present (Dalien and Kirchoff), a-absent vote. ADOPT PUBLIC HEARING POLICIES AS DIRECTED BY CITY COUNCIL City Planner Courtney Bednarz explained that the City Council has decided to formalize a policy for public hearings. These policies are very similar to the way that public hearings have been conducted in the past. He mentioned that there is an attachment included in the staffreport for the Commission's review. Chair Squires mentioned that the policy is consistent with what has been done in the past, with the exception of the time limit restriction. Motion by Daninger, seconded by Kirchoff, to adopt the Public Hearing Policies as created by the City Council. Motion carried on a 7-ayes, O-nays, a-absent vote. '. U Regular Andover Planning and Zoning Commission Meeting Minutes - August 28, 2001 Page 2 () , , ,I PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT (01-01) - TO CHANGE THE LAND USE DESIGNATION FROM URBAN RESIDENTIAL LOW DENSITY, URL TO URBAN RESIDENTIAL MEDIUM DENSITY, URM FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF B8TH A VENUE NW AND CROSSTOWN DRIVE NW- DA VID HARRIS. Mr. Bednarz explained that the amendment addresses the land use change that is necessary to allow the eight unit townhouse project to be known as 'Devonshire Estates' to be constructed at the southeast comer of Crosstown Drive and 138th Avenue NW. He stated that approval of this item would allow all of the applications associated with this project to be heard at the September 4th City Council meeting. He mentioned that the current land use designation for the two subject properties is Urban Residential Low Density, URL. This designation exclusively allows single family residences. Mr. Bednarz stated that the proposed land use designation is Urban Residential Medium Density, URM. This designation permits single family residences as well as lower density multiple family uses, such as townhouses. This land use change will conform with the land use designations of adjacent properties to the east. This land use change will also conform to the proposed Land Use Map, which is a component of the draft 2020 Comprehensive Plan. j Motion by Daninger, seconded by Dalien, to open the public hearing at 7 :06 p.m. Motion carried on a 7-ayes, a-nays, O-absent vote. The Developer Dave Harris mentioned that he has submitted the landscape plan for the development to the City. He offered to present it to the Commission, since it was asked about at a previous meeting. Mr. Bednarz stated that he has two full size copies of the landscape plan that the Commission could review if desired. Chair Squires questioned the Commission if the landscape plan would impact the Comprehensive Plan in any way. Commissioner Daninger explained that the reason he mentioned it at a previous meeting was because he wanted to make sure all areas of the project were complete. Commissioner Greenwald stated that based on the response from the public tonight, the proj ect must have approval by the neighbors. There was no further public input. J Motion by Greenwald, seconded by Hedin, to close the public hearing at 7:09 p.m. Motion carried on a 7-ayes, O-nays, a-absent vote. (J (J Regular Andover Planning and Zoning Commission Meeting Minutes -August 28,2001 Page 3 Motion by Hedin, seconded by Greenwald, to recommend to the City Council approval of Resolution No. R_-01, amending the Comprehensive Land Use Plan of the City of Andover from URL, Urban Residential Low Density to URM, Urban Residential Medium Density. Motion carried on a 7-ayes, O-nays, O-absent vote. PUBLIC HEARING: AMENDED SPECIAL USE PERMIT (01-04) TO EXTEND DURATION OF MINING PERMIT FOR PROPERTY LOCATED AT 16689 HANSON BOULEVARD NW - RICHARD KUIKEN. Mr. Bednarz explained that the applicant is requesting an extension in the duration ofthe referenced Special Use Permit. He stated that the extension will allow the applicant additional time to complete the grading plan which was approved with the original application in 1989. The Special Use Permit was amended in 1991 and 1996. Annual inspections have been conducted since that time. The permit expires on November 6, 2001. Mr. Bednarz stated that Ordinance 8 provides the criteria for review of mining permits. Annual inspections are conducted to ensure that the site is in conformance with ordinance requirements as well as additional conditions of the Special Use Permit. He stated that if \ approved all applicable ordinances would be required to be met. J Mr. Bednarz stated that all the land surrounding the area is zoned for R-1, Single Family Rural. Rural residences exist to the west and south. He stated that the mined area is approximately two acres and is located 600 feet east of a home partly owned by Richard Kuiken, the operator. The mining operation is screened from view from all land owners. The applicant is actively grading the site to the specifications of the attached site plan, and the 1996 resolution. The only concern relative to the conditions of approval is the periodic existence of steep slopes as mining activities are conducted. He mentioned that a condition of approval limits these areas to a maximum of a 4: 1 slope. Mr. Bednarz explained that the site is located outside the MUSA boundary and guided for low-density residential development. In the event that this property develops for this purpose, the ponds that are being created could be used for both storm water collection and as an amenity for the future residential neighborhood. Commissioner Hedin questioned if staff has had any recent contact with Mr. Kuiken. Mr. Bednarz stated that staff has had contact with Mr. Kuiken a couple different times in the last few weeks. Commissioner Hedin questioned why Mr. Kuiken was not present. Mr. Bednarz stated that he was unsure as to why he wasn't in attendance. , ) \ , / l) Regular Andover Planning and Zoning Commission Meeting Minutes - August 28, 2001 Page 4 () Commissioner Daninger questioned ifthere have been any complaints. Mr. Bednarz stated that there haven't been any complaints regarding the request. Commissioner Hedin questioned what it is taking so long to fmish the project. Mr. Bednarz explained that they are extracting material as needed to complete landscaping projects elsewhere, therefore they aren't in a rush to complete the project. Commissioner Hedin questioned Mr. Bednarz on when the project should be finished. Mr. Bednarz stated that it should be completed sometime in the next five years. Chair Squires questioned if the original performance bond is still good. Mr. Bednarz stated that it is $1,000 cash. Commissioner Falk questioned how the bond determines how much. Mr. Bednarz stated that he looked back to find information on the bond, however wasn't able to find much as to how the amount was determined. Commissioner Kirchoff questioned if one of the two pondS is completed. Mr. Bednarz stated that that is correct. Commissioner Greenwald questioned if they plan to use the same driveway entrance. Mr. , / Bednarz stated that that is correct. Commissioner Greenwald questioned the reason for the statement in the staff report in regards to the concern for the periodic existence of steep slopes as mining activities are conducted. Mr. Bednarz explained the purpose ofthis statement. Commissioner Daninger questioned ifthis is normal that the project hasn't ended. Mr. Bednarz stated that it isn't atypical for mining permits to take an extended period of time for a project to be completed. He mentioned that staff does periodically monitor the site. Commissioner Daninger questioned if the permit is always five years. Mr. Bednarz stated that that is correct. Commissioner Daninger questioned if this could be changed. Mr. Bednarz stated that the length of the permit could be changed if so desired. Motion by Falk, seconded by Kirchoff to open the public hearing at 7:20 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. There was no public input. , ,) Motion by Kirchoff, seconded by Hedin, to close the public hearing at 7:20 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. \ ~J Regular Andover Planning and Zoning Commission Meeting Minutes-August 28,2001 Page 5 ( ) ~) Commissioner Dalien stated that he has no problem honoring the request again, since there have been no complaints as long as the material is taken out as needed and the changes will only enhance the property. Commissioner Hedin stated that he will support the request as long as the neighbors don't mind. Commissioner Daninger stated that his concern is the time frame on the project. He mentioned that it makes it difficult that the applicant isn't present and able to give a time frame. Commissioner Greenwald stated that he doesn't have a problem with the request. He questioned if Mr. Kuiken could construct a dozen ponds. Chair Squires stated that Mr. Kuiken can only construct two ponds. Commissioner Daninger stated that he would rather not approve the request for five year~ He suggested approving the permit for one year and then next year when the permit is up for approval the applicant can make sure he's present to answer any questions or concerns. ) Mr. Bednarz mentioned that when the grading is completed they will need to certify that it matches the original grading plan. Commissioner Kirchoff stated that he feels it's a good use next to the pipeline as long as the neighbors don't mind. Motion by Dalien, seconded by Falk, to recommend to the City Council approval of Resolution No. R_-OI, granting the Amended Special Use Permit request of North Lexington Landscaping to allow for the continuation of soil mining pursuant to Ordinance No.8, Section 4.24 on property located at 16689 Hanson Boulevard NW, subject to the following conditions: 1. 2. 3. 4. 5. 6. \ , ) That safety precautions be taken at the end of each working day to prevent injury to playing children, bike riders, and snowmobiler's, etc. That the applicant provide the City with a security bond to hold harmless for restoration of the site as determined by the City Engineer. That signs be placed on both dies of the driveway at Hanson Boulevard to signal the presence of trucks hauling. That the applicant only alter the topography to perform necessary mining operations. That the roadway be watered to control dust. That the hauling of material be limited to Monday through Friday, 8:00 A.M. to 8:00 P.M. and Saturdays, 8:00 A.M. until 4:00 P.M. , U Regular Andover Planning and Zoning Commission Meeting Minutes - August 28, 2001 Page 6 u 7. That the applicant restores the banks of the mined area after excavation with approved topsoil, seed and/or vegetation or brush to control erosion. 8. That the applicant obtain all necessary permits, including, but not limited to, the following organizations: Department of Natural Resources, U.S. Army Corps of Engineers, and Coon Creek Watershed District. 9. That the permit be subject to an annual review and renewal by the City and be limited to five years from the adoption ofthis resolution. Motion carried on a 6-ayes, I-nay (Daninger), O-absent vote. PUBLIC HEARING: ORDINANCE AMENDMENT (01-03) - TO REVIEW AMENDMENT TO ORDINANCE NO. 219 - AN ORDINANCE REGULATING AND CONTROLLING WEEDS AND GROWING GRASSES AND OTHER HARMFUL VEGETATION IN THE CITY OF ANDOVER. Mr. Bednarz presented the Commission with the Ordinance Amendment including the recommended changes from the last Planning and Zoning Commission meeting. He mentioned that a fourth change was made to Section 3C, point #4 that wasn't discussed at the last meeting, to require the side yard setback area to be maintained adjacent to the principle structure on comer lots. He stated that this addition is similar to the addition made to Section 3C, point #3. . / Commissioner Dalien stated that he was happy to see the change to allow natural areas on properties less than one acre. He mentioned that it's important and often times nice to leave some of the yard in a natural state. Motion by Hedin, seconded by Daninger, to open the public hearing at 7:28 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. There was no public input. Motion by Daninger, seconded by Dalien, to close the public hearing at 7:28 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Greenwald questioned ifthe 20 complaints are unusually high. Mr. Bednarz stated the number of complaints is similar to previous years from the files he's looked at. \. I , / Commissioner Greenwald questioned how a normal citizen would know there's been a change to the ordinance. Mr. Bednarz stated that there is a public notice posted in the Anoka County Union, in addition this is the third televised meeting discussing the ordinance and he has spoken to several people that have had an issue with this ordinance in the past. u ~) Regular Andover Planning and Zoning Commission Meeting Minutes - August 28, 2001 Page 7 Commissioner Dalien stated that this might be something worth writing a news article about. Chair Squires suggested waiting until late winter or early spring to put an article in the newsletter so that the information is timely for next year. Commissioner Hedin mentioned that the Commission better first wait to see what the City Council approves. Commissioner Dalien agreed but recommended that whatever is adopted be published. Motion by Hedin, seconded by Greenwald, to recommend to the City Council approval of the Ordinance Amendment to Ordinance No. 219, Regulating and Controlling Weeds and Growing Grasses and Other Harmful Vegetation in the City of Andover. Motion carried on a 7-ayes, O-nays, O-absent vote. OTHER BUSINESS Mr. Bednarz updated the Commission on related items that have recently been before the Council. Commissioner Hedin mentioned that as a member of the proposed community center ./ sports facility task force that they continue to work on the survey to view the opinions of selected residents. He requested anyone who is called on in the next few weeks to take the time and answer the questions ofthe survey. ADJOURNMENT Motion by Daninger, seconded by Kirchoff, to adjourn the meeting at 7:35 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Respectfully submitted, Sara Beck, Recording Secretary TimeSaver Off Site Secretarial, Inc. ~ , J