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HomeMy WebLinkAboutApril 11, 2000 o o O~Qo~ 4-- :2..5-00 CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - APRIL 11,2000 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Larry Dalien on April II, 2000, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Larry Dalien, Dean Daninger, Douglas Falk, Mark Hedin, Tim Kirchoff, and Chairperson Jay Squires (arrived at 8:02 p.m.). None. Community Development Director, Dave Carlberg City Planner, John Hinzman Zoning Administrator, Jeff Johnson Others Commissioners absent: Also present: APPROVAL OF MINUTES. o March 28,1999 o Commissioner Daninger noted a change to the minutes on page nine, the ninth paragraph, to change the second from his name to general. Motion by Hedin, seconded by Daninger, the minutes be approved as amended. Motion carried on a 3-ayes, O-nays, I-absent (Squires) 3-present vote (Apel, Dalien, and Falk). PRESENTATION: ANDOVER OAKS - 474 CONDOMINIUM\APARTMENT UNITS - NE 1/4 OF SECTION 22. PRESENTATION BY GREY OAKS, INC. Community Development Director Dave Carlberg called on a representative of Grey Oaks, Inc., to present the proposed sketch plan for Andover Oaks. Jerry Windschitl, the applicant, addressed the Commission and reviewed the design and layout of the proposed development. Mr. Windschitl stated he would like the development to go through with as few variances as possible. He explained he wanted the development to supply privacy and nice views within the M-2 zoning district. Mr. Windschitl stated the height variance is in question at this time and the buildings would be more attractive if the height variance were approved. He explained this development would need to request a five-foot variance to the 35-foot height restriction. Mr. Windschitl stated the proposed multiple dwelling unit would contain 474 units. / " \~ /') o Regular Andover Planning and Zoning Commission Meeting Minutes - April 11, 2000 Page 2 o PUBLIC HEARING: ANDOVER OAKS - 474 CONDOMINIUM\APARTMENT UNITS NE 1/4 OF SECTION 22 - GREY OAKS, INC. Mr. Carlberg stated the Planning and Zoning Commission is requested to review the proposed sketch plan of Andover Oaks located in Section 22 as proposed by Grey Oaks, Inc. He presented an overview of the proposed development and explained that a preliminary plat and PUD known as "Grey Oaks" exists on the parcel which was conditional approved by the City Council on March 2, 1999. He stated the Council also granted the developer a 60-day extension from the one-year final plat filing requirement to April 30, 2000 on February 1, 2000. Mr. Carlberg noted that the PUD consists of 352 residential units (2 - 65 unit apartment buildings, 6 - 30 unit apartment buildings, 38 twinhomes, and four single family lots) and three commercial lots. The development was approved as a senior/empty nester development. Mr. Carlberg explained that on March 10, 2000, the developer submitted a reVlSlon to the preliminary plat of Grey Oaks called Andover Oaks. In reviewing the submittal, Staff has determined that the proper procedure in reviewing the plan is to treat the plan as a new submittal and commence the sketch plan process. He noted this decision was based on the following reasons: () 1. The severity of the revisions to the plat. The developer has for all practicable purposes abandoned the PUD and is proposing to develop the project as an M-2 standard development with variances. 2. Inability of the plat to meet the conditions of the approved Special Use Permit for the PUD. In considering the conditions of the original approval of the PUD, the developer was to submit covenants and restrictions to develop the plat as a senior/empty nester development in compliance with Minnesota Statutes 363.02, subd. 2(2)(b) and the Federal Fair Housing Act Amendments 42 U.S.C.A. 3607 (b)(2). The developer has failed to provide such documentation. A condition also exists that if the developer chooses not to follow Minnesota and federal statutes the plat would be considered null and void and reapplication necessary. 3. Consistency with the process of the December 14, 1999 submittal. The developer submitted a revised preliminary plat on said date consisting of 516 units of twenty, 1 8-3 a-unit buildings. The City processed the new submittal as a sketch plan due to the drastic differences to the existing preliminary plat. The sketch plan process commenced and a public hearing was scheduled before the Planning and Zoning Commission on January 11,2000. Stephen J. Nash, representing Grey Oaks, Inc. requested the item be removed from the agenda at the meeting. ,r~ U In addition, the Commission should also be aware that a comprehensive plan amendment to change the land use designation from RM, Residential Medium Density to RU, Residential Urban Single Family. A rezoning of the property from M-2, Multiple Dwelling to R-4, Single Family Urban currently sits tabled before the Council pending expiration of the preliminary plat on April 30, 2000. I' -', , I '......./ () Regular Andover Planning and Zoning Commission Meeting Minutes - Aprilll, 2000 Page 3 r, V The Commission held public hearings on these applications on January 25, 2000. Mr. Carlberg noted the proposed sketch plan is located in an M-2, Multiple Dwelling Zoning District. He explained the proposed development consists of twenty lots with apartment buildings ranging from 18-24 units and that the development as proposed will consist of 474 units. Mr. Carlberg indicated the property is currently located in the Metropolitan Urban Service Area (MUSA). He stated the property would be required to be developed in accordance with the Andover Development Policy Guideline. Mr. Carlberg noted all lots shall be required to meet the provisions of Ordinance No.1 0, Section 9.06a(l) which relates to lot size and buildability requirements. In addition, the front 100 feet of each lot must be buildable which is a standard the City uses for lots developed with municipal sewer and water. He mentioned the Water Resource Management Plan should be implemented with the development. He added that the 1, 10, and 100-year flood elevations should be identified on the preliminary plat. In addition drainage and utility easements are required for the laO-year flood elevations. ~) Mr. Carlberg indicated the developer was required to meet a number if City Ordinances in order to be approved for the site. He also explained the Park Commission would be reviewing the sketch plan at their April 20, 2000 meeting. The Commission will be discussing and making a recommendation on the park dedication requirements per Ordinance No.1 0, Section 9.07. Mr. Carlberg noted the Andover Review Committee (ARC) met on Tuesday, February 28, 2000 to discuss the sketch plan. Some of the comments from the meeting are as follows: the Comprehensive Plan allows a maximum density of six (6) units per acre for an RM, Residential Medium Density land use designation which would allow for a maximum density on 60 acres to be 360 units. Another comment was that lot lines will need to be established to determine if the minimum lot size requirements are being met or the development will need to be processed as a Planned Unit Development with individual lot boxes around buildings and the common areas being held by the association. He mentioned that setbacks for an M-2 District need to be shown and that the maximum height in an M-2 District is thirty-five (35') feet where forty (40') feet is indicated on the plan. Another comment was that a minimum twenty (20') foot greenspace/parking setback is required between along all right-of-ways. Road access to the north should be examined and that Linnet Street NW could be extended to the north property line of 156th Lane NW. Mr. Carlberg indicated trails need to be discussed in accordance with the City's Comprehensive Plan Trail Plan. He stated there was a variance being requested to Ordinance No. 10, Section 8.04k for area identification sign. He mentioned it should be noted that some of the above listed items will need to be addressed as a part of the sketch plan review and some of the items will need to be addressed as a part of the preliminary plat application and review. ~-) o 0 Regular Andover Planning and Zoning Commission Meeting Minutes - April 11, 2000 Page 4 () Commissioner Apel asked if the revision to the sketch plan met the April 30, 2000 deadline. Mr. Carlberg stated that the April 3rd deadline is in regard to the Preliminary Plat of Grey Oaks PUD. The City does have a procedure that must be followed. He explained that the sketch plan is not going to be a year 2000 project but, at best, year 2001. Mr. Carlberg stated a preliminary plat would be need to be approved by the City Council by December 31, 2000 to proceed for construction in 2001. Commissioner Hedin questioned if this should be reviewed as a new sketch plan or revised plan. Mr. Carlberg stated that this would be a new sketch plan for the Andover Oaks development. Commissioner Hedin asked if it was unusual for a developer to have numerous sketch plans before the City being reviewed at the same time. Mr. Carlberg stated this was an unusual situation. Commissioner Dalien asked if the units would be rental property or owner occupied. Mr. Windschitl stated a percentage would be low to moderate rental property based on requirements with the Metropolitan Council and the rest would be owner occupied. He explained he does not have any sale prices calculated at this time. Mr. Carlberg stated the Metropolitan Council percentage had not been formulated to date but the City is able to devise this number. C) Commissioner Dalien asked how the development would be laid out. Mr. Windschitl stated there would be 18-unit buildings and 24-unit buildings, with a mix of one and two bedroom apartments. Commissioner Daninger questioned whether the goal of the development is to rent or sell the units. Mr. Windschitl stated, historically, he has sold the units within these developments. He explained that without the calculation of the rental housing goals from Metropolitan Council, he would be unable to answer the question in depth. Mr. Carlberg indicated Metropolitan Council has set rental standards to assist cities in achieving affordable housing. Commissioner Dalien asked if the proposed sketch plan would be a low-income development. Mr. Windschitl stated a target price for owner occupied units would be no more than $134,000 or less for low to moderate-income families. He stated the rental units within this development for low to moderate income would be $725 for one-bedroom units or $825 a month for two bedroom units. Mr. Carlberg cautioned the Planning Commission on the issue at hand and asked that they address the planning and zoning issues within the sketch plan. He stated that affordable units may co-exist within this development but this does not have to be known to continue discussion on the sketch plan. Mr. Carlberg stated the Planning Commission should address the lot lines, variances, and general configuration of the 20 units within the development to achieve this sketch plan. Commissioner Apel stated he feels the lot lines are not needed at this time and that the general idea of the development is what should be reviewed. C) o 0 Regular Andover Planning and Zoning Commission Meeting Minutes - Aprilll, 2000 Page 5 () '- Mr. Carlberg stated the density of this development is an issue. Mr. Windschitl stated the density within the M-2 district is not restricted so this should not be a concern. Mr. Carlberg explained that the Comprehensive Plan defines the maximum density within an RM district and that the proposed density is, roughly, 100 units over the limit. Motion by Daninger, seconded by Hedin, to open the public hearing at 7:40 p.m. Motion carried on a 6-ayes, O-nays, O-absent vote. Mike Goetz, 15629 Osage Street, stated he has been following this development for months and the numerous changes that have been proposed. Mr. Goetz explained the Metropolitan Council does not like to see low to moderate-income developments clustered together, but rather should be spotted throughout the City. He noted the density of this development was extremely high for the City standards. Tony Howard, 156'" Lane, explained he has been following this development for two years. Mr. Howard stated he is tired of the extreme density and the changes that have been made to the previous plans. He explained the residents are upset that the land is not being used for senior housing as previously agreed upon. c) Bonnie De/w, 16485 Tulip Street, stated she used to be on the Council when the senior housing was approved and this site was to remain as that use. She indicated that if this use were to be changed, the Commission should not approve this item. Ray Matty, 1954 155,h Lane, stated he was unhappy with the development as proposed tonight. Mr. Matty stated the development was unreasonable in density. There was no other public input. Motion by Hedin, seconded by Kirchoff, to close the public hearing at 7:46 p.m. Motion carried on a 6-ayes, O-nays, O-absent vote. Commissioner Apel stated the original agreement shows the proposed sketch plan is not in compliance. He stated the City may need low to moderate-income housing within the City limits, but he objects to the methods used by Metropolitan Council. Commissioner Ape! stated this development was not appropriate for this area. Commissioner Daninger concurred stating this development has been "hit or miss" over the last two years and he cannot agree with the variables within this sketch plan. He recommended the developer submit a plan with less variances and lower density as past plans have had. Commissioner Kirchoff was not in favor of the density. Mr. Carlberg stated this is the case and the r\ Comprehensive Plan would need to be amended to meet this development. I..J o 0 Regular Andover Planning and Zoning Commission Meeting Minutes - April 11, 2000 Page 6 I' - "J Mr. Windschitl stated there has been reference to an agreement that this land would be used for senior housing. Commissioner Apel stated this agreement was not in writing but it was thoroughly implied. Commissioner Dalien agreed with the other Commissioners and stated this site was to be used for senior housing. He indicated the proposed sketch plan does not meet the density or use of the original plan. Commissioner Dalien supported that the Planning Commission recommend the Council deny this project based on density, lack of lot configuration and excessive variance requests within the proposed development. Mr. Carlberg stated this item would be considered by the City Council on May 2, 2000. Chair Squires arrived at 8:02 p.m. PRESENTATION: CHESTERTON COMMONS NORTH 2ND ADDITION - 39 SINGLE FAMILY URBAN LOTS SW 1/4 OF SECTION 14 - PRESENTATION BY ASHFORD DEVELOPMENT. o Community Development Director Dave Carlberg called on a representative of Ashford Development to present the proposed sketch plan for Chesterton Commons North Second Addition located in Section 14 as presented by Ashford Development. Jerry Windschitl reviewed the 39 lots within the Chesterton Commons North 2nd Addition Development. He explained there would be no variances required within this development and stated the Road Committee would be meeting to discuss the local County Road adjacent to this development. Mr. Windschitl indicated the alignment of 156th Lane was a concern at this time. He explained the proposed alignment by Staff may run through to a house on the east side of the proposed development. He stated 1 56th Lane would also have a long straight stretch of roadway, which could pose a speed concern. PUBLIC HEARING: CHESTERTON COMMONS NORTH 2ND ADDITION - 39 SINGLE FAMILY URBAN LOTS - SW 1/4 OF SECTION 14 - ASHFORD DEVELOPMENT. o Community Development Director Dave Carlberg stated the Planning and Zoning Commission is requested to review the proposed sketch plan of Chesterton Commons North Second Addition located in Section 14 as presented by Ashford Development. He presented an overview of the proposed development and explained that the development calls for 39 units on 14.04 acres and is currently zoned R-l. Mr. Carlberg stated the property would have to be rezoned to R-4, Single Family Urban with a minimum lot size of 11,400 square feet. o 0 Regular Andover Planning and Zoning Commission Meeting Minutes - April 11, 2000 Page 7 .' -~ \.- ; Mr. Carlberg noted the proposed sketch plan is consistent with the Andover Comprehensive Plan Land Use Plan and is designated as RU, Residential Urban Single Family and is located in the MUSA (2000-2005 time frame). He indicated the property would be required to develop in accordance with the Development Policy Guideline. All lots shall be required to meet the provisions of Ordinance No. 10, Section 9.06a(I), which relates to buildability requirements. In addition, the front 100 feet of each lot must be buildable which is a standard the City uses for lots developed with municipal sewer and water. () Mr. Carlberg explained the Water Resource Management Plan should be implemented with the development. He mentioned the 1, 10 & 100-year flood elevations shall be identified on the preliminary plat. In addition drainage and utility easements are required for the 100-year flood elevations. Mr. Carlberg stated the developer and/or owner is responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District, Minnesota Pollution Control Agency, LGU and any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding this item. All wetlands within the proposed development must be delineated by agencies and indicated on the preliminary plat. The Local Government Unit (LGU) is the Coon Creek Watershed District (CCWD) who will need to verify the wetland delineation. The developer shall contact the CCWD to discuss the 1991 Wetland Conservation Act that is in effect. Mr. Carlberg explained the developer would be responsible for meeting several applicable ordinances within the City. Mr. Carlberg explained the Park Commission would be reviewing the sketch plan at their April 20, 2000 meeting. He noted the Andover Review Committee (ARC) met on Tuesday, March 28, 2000 to discuss the sketch plan. Comments from the meeting are as follows: although the developer has sketched adjacent lands as to how they could be developed. Additional sketching of adjacent lands may be necessary by the developer as provided in Ordinance 10, Section 6.04. Coordination is needed between developers developing adjacent lands in the vicinity. Additionally, the ARC recommends 160th A venue NW be extended to the east and the intersection with Crane Street NW be a "T" intersection. Mr. Carlberg explained they stated a Municipal State Aid road designation exists in the area of the plan from 161st Avenue NW (County Road No. 20) to Crosstown Blvd. NW (County Road No. 18). He mentioned that the proposed Crane Street NW and the road sketched to the east accessing onto 161st Avenue NW do not meet the 660' separation requirement as provided in Ordinance No. 10, Section 9.02C. A trail is planned along 161st Avenue NW (Co. Rd. 20) and that internal sidewalks and trails need to be discussed and that a neighborhood park may be needed to serve this area which needs evaluation by the Park Commission. It should be noted that some of the above listed items will need to be addressed as a part of the sketch plan review and some of the items will need to be addressed as a part of the preliminary plat application and review. He stated the ARC is listing these items at this time for discussion purposes. Mr. Carlberg stated there is a need for coordination between the proposed roadways. and the C) surrounding developments to connect streets throughout the sites. He explained a cul-de-sac could o 0 Regular Andover Planning and Zoning Commission Meeting Minutes - April 11, 2000 Page 8 / --, '--J be proposed within the property to the east of the proposed site to bend the roadway and allow it to connect to easterly developments. Mr. Carlberg indicated this should eliminate the speed concern. Commissioner Daninger questioned how parks would be placed within the developments. Mr. Carlberg stated the Park Commission would like to see something centrally located within the development. Motion by Daninger, seconded by Dalien, to open the public hearing at 8:14 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Windschitl reiterated that within the general comments on the staff report the proposed sketch is consistent with the Comprehensive Plan. He noted this should be changed within the staff comments. Mr. Carlberg stated this was correct. There was no other public input. Motion by Kirchoff, seconded by Dalien, to close the public hearing at 8:15 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Kirchoff encouraged the coordination of the streets throughout the new . '-_) developments. He asked if the park dedication would also be coordinated. Mr. Carlberg stated if land was not desired for this development, cash could be obtained from the developer for the Park Board to use as they see fit. Commissioner Daninger stated the roadways should be addressed. Commissioner Apel concurred and encouraged the developer to work with the current developments. Mr. Carlberg stated this would be done throughout the preliminary and final plat approval. Chair Squires stated the north-south roadway should be determined quickly before the developer is allowed to proceed. He explained the Commission recommends the Council approve Chesterton Commons North 2nd Addition as proposed and encouraged the coordination of the roadways with existing developments. Mr. Carlberg stated this would be considered by the City Council on May 2, 2000. PUBLIC HEARING: LOT SPLITW ARIANCE (LS 00-06) - SPLIT THE SOUTHERN +/- 2.5 ACRES FROM A 5-ACRE PARCEL AND VARIANCE TO ORDINANCE 8, SECTION 6.02 (LOT WIDTH AT FRONT SETBACK) - 16390 VALLEY DRIVE - MARVIN TOBECK. City Planner John Hinzman stated the Planning Commission is requested to review the lot split and variance request of Marvin Tobeck on property located at 16390 Valley Drive NW. The applicant (--, proposes to split approximately 2.5 acres from a +/- 5-acre parcel and vary +/- 24 feet from the 300- I. ; ,j o 0 Regular Andover Planning and Zoning Commission Meeting Minutes - April 11. 2000 Page 9 ( -\ \~..J foot lot width at front setback provision of Ordinance 8, Section 6.02 for the original parcel. He presented an overview of the request and explained that Ordinance 40 regulates the division of lots. A lot split is defined as any division of a lot, parcel or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for a platted lot in the applicable zoning district. Mr. Hinzman noted Ordinance 40, Section 5B states if no park fees were assessed or land dedicated during the original plat, the Council may assess a fee set by resolution ($1,100.00 park dedication and $300 trail fee) for each lot created. He stated Ordinance 8; Section 5.04 establishes the variance procedure. Practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the ordinance provisions must be present in granting a variance. Mr. Hinzman noted economic considerations should not constitute an undue hardship. He explained the applicant intends on selling the split lot. The Building Official has indicated the property along Valley Drive is generally buildable. The applicant will need to conduct soil-boring tests to confirm site buildability. Mr. Hinzman explained the applicant defines the hardship as follows: the shape of land prohibits meeting ordinance. (~\ '-J Mr. Hinzman explained the applicant couldn't acquire additional property to the north or south to satisfy the 300' lot width requirement. The proposed variance would be 18% of the minimum width requirement. He stated similar variances have been granted in the past to four separate locations. Mr. Hinzman noted Staff recommends approval with conditions as listed in the staff report. Commissioner Dalien asked for the size of the parcel being split. Mr. Hinzman stated the site is five acres III sIze. Commissioner Hedin asked if both lots would need a variance after the split. Mr. Hinzman explained only the lot with the home will need a variance. Motion by Daninger, seconded by Apel, to open the public hearing at 8:24 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Dave Rotsler, Resident of East Bethel, Minnesota, explained he owns seven acres west of the proposed lot split. Mr. Rotsler explained he has since purchased the lot south of the site and would like to purchase the vacant land being split off. He indicated his seven acres was not buildable because a roadway does not encroach this site. Mr. Rotsler explained there is a current easement through his property. Chair Squires stated that this lot split couldn't be approved just for an easement. Mr. Rotsler stated he understands this but would like the Commission to be aware of the situation. Commissioner Dalien asked if Mr. Rotsler has considered purchasing the vacant lot. Mr. Rotsler C) stated the land would be auctioned with restrictions, which would be difficult for him to purchase. ( -) '-- o Regular Andover Planning and Zoning Commission Meeting Minutes - April]], 2000 Page ]0 o There was no other public input. Motion by Falk, seconded by Kirchoff, to close the public hearing at 8:30 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commission Kirchoff stated he was in favor of the lot split in addition to a future discussion of an easement for the landlocked lot east of this site. Chair Squires encouraged this issue to be determined between the landowners. Commissioner Hedin stated it might be in the Commissions' best interest to have these gentlemen address this issue and continue discussion after that time. Commissioner Daninger stated there might not be a hardship within this lot split and added that he would be in favor of tabling this item to the next Commission meeting until staff gained further information. Chair Squires asked that residents be notified of the tot Split due to the fact this item would tabled for further discussion. / -'~ '--.--J Motion by Falk, seconded by Hedin, to table the lot split and variance request of Marvin Tobeck on property located at 16390 Valley Drive NW for further discussion at the April 25, 2000, Planning and Zoning Commission meeting. Motion carried on a 7-ayes, O-nays, O-absent vote. PUBLIC HEARING: SPECIAL USE PERMIT (SUP 00-02) - MINING PERMIT TO CONSTRUCT A POND - 16449 NARCISSUS STREET NW - B & L FINANCE AND DEVELOPMENT,INC. City Planner John Hinzman stated the Planning and Zoning Commission is requested to review the Special Use Permit request of B & L Finance Company to mine approximately 3,500 cubic yards of soil to create a pond at 16449 Narcissus Street NW, legally described as Lots 11 and IIA, Timber Meadows 2nd Addition. He presented an overview of the proposed project and explained that Ordinance No.8, Section 4.24, allows mining as a Special Use Permit in all zoning districts with the following conditions: A plan for finished grade which will not adversely affect the surrounding land or the development of the site on which the mining is being conducted; and that the route of trucks moving to and from the site. C) Mr. Hinzman added that Ordinance No.8, Section 5.03, regulates the special use permit process and outlines the following criteria for review: 1) the effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding land; 2) the effect on existing and CJ o Regular Andover Planning and Zoning Commission Meeting Minutes - April 11, 2000 Page 11 /---- ',-) anticipated traffic conditions including parking facilities on adjacent streets and land; 3) the effect on the values of property and scenic views in the surrounding area; and, 4) the effect of the proposed use on the Comprehensive Plan. Mr. Hinzman reviewed the adjacent zoning and land use information with the Commission. Mr. Hinzman explained the site is adjacent to County Ditch No.6, which transverses north and west to the Rum River. He noted the Lower Rum River Watershed Management Organization (LLRWMO) would review the request on April 20th. He explained the applicant would need to define the number of truckloads and truck route. Mr. Hinzman indicated that William Erhart of B& L Finance and Development, Inc. completed a 3,000 cubic yard mining permit northwest of the proposed site of in 1995. He stated additional permits might be needed from Anoka County, US Army Corps of Engineers, and Minnesota Department of Natural Resources. An erosion control plan must be devised and erected on-site before mining commences. Mr. Hinzman stated the homes surrounding this site are roughly 450 feet from this site. He noted Staff recommends approval of the permit with conditions listed in the staff report and asked that the Commission discuss a timeframe for this project. o Commissioner Daninger asked if the $1,000 bond would be sufficient to cover the damage that may occur to the local roadways. Mr. Hinzman stated the Commission could recommend a higher amount if deemed necessary and stated that $1,000 has been the amount requested in the past. Chair Squires called for a recess at 8:43 p.m. and the meeting reconvened at 8:51 p.m. Motion by Hedin, seconded by Daninger, to open the public hearing at 8:52 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Bonnie De/m, 16485 Tulip Street NW, explained she has 104 acres she farms organically in the area and indicated she was concerned with the sedimentation found within local ditches and the creek. She encouraged the $1,000 bond be increased to $10,000 to cover repair on ditch #6 as well as roadway repair. She noted the filtration of the ditch system is imperative to her organic farming. Chair Squires asked which direction the water flowed near the proposed pond. Ms. Dehn stated it flows to the south and west and then heads north to the Rum River. Commissioner Hedin asked how a disturbance would be determined within the creek and ditch system. Ms. Dehn stated the dark silting is very evident throughout the flow of the creek. Commissioner Falk asked if sedimentation would be leaving the proposed pond. Ms. Dehn stated if the pond were engineered correctly sedimentation should not leave the pond. -, CJ r-, U o Regular Andover Planning and Zoning Commission Meeting Minutes - Aprilll, 2000 Page 12 r) l... Commissioner Daninger asked if the creek flows all year. Ms. Dehn stated there are several natural springs in the creek and it flows all year and has flooded in the spring on occasion. Commissioner Kirchoff asked how compensation would be found. Ms. Dehn stated the City needs to ensure that her riparian rights were kept in mind and that the waterways were not contaminated. She stated that if contamination were found, she would seek compensation. Commissioner Kirchoff asked if the Planning and Zoning Commission was the right body to ensure this issue. Mr. Hinzman stated the County and Lower Rum River Water Management Organization (LRRWMO) had also been approached for appropriate permits for the mining. Paul Kreager 16430 Narcissus Street, expressed concern for the flooding of his backyard due to its low delineation. Mr. Hinzman noted the City Engineer and LRRWMO would address this issue. Allen Squires, 16397 Narcissus Street, explained that 3,500 cubic yards of dirt would be over 300 truckloads of dirt. Mr. Squires indicated this could damage Narcissus Street and other area roadways. o Bill Erhart, applicant, reviewed the map location. He noted the proposed pond would be a sediment pond and would filter the water to improve its quality downstream. Mr. Erhart stated the proposed pond would enhance the area with wildlife and improved views for neighbors. He noted that he has completed additional ponds in the City and that roadways were not damaged. Mr. Erhart added that he does have securities available to cover the several thousand dollars worth of damages that could occur. He stated the dirt would be transferred via Round Lake Boulevard and that all black dirt would be disbursed to interested neighbors. Commissioner DaIien asked about a timeframe for this project. Mr. Erhart stated the mining was a hobby for him and that he would like to have the summer of2000 and 2001 to complete the project. He explained the first summer would complete the digging and the second year would allow for plantings and erosion control. Commissioner Hedin asked if the proposed ditch was larger or smaller than his previous projects. Mr. Erhart noted the proposed pond would be larger with approximately 300 truckloads of dirt to be removed from the site. Ms. Dehn suggested that a truck hauling sign or flag be placed near this site for the safety of local traffic. Mr. Hinzman stated this would be a condition within the resolution and that Anoka County would be reviewing this item as well. (-j "--' Commissioner Hedin indicated silting would be more of a concern if this project were to be completed over two summers. Mr. Erhart stated the pond excavating could be done first to eliminate additional silting through the ditch system. o U Regular Andover Planning and Zoning Commission Meeting Minutes - April 11, 2000 Page 13 r \ '-~ Chair Squires asked why the pond would be attached to the ditch and not kept as a separate waterway. Mr. Erhart stated the flowing water would eliminate algae and allow fish to survive the winter. He explained the free flow of water keeps the water quality much cleaner. Commissioner Falk questioned the additional permits needed from the County and LRRWMO. Mr. Hinzman stated LRRWMO has to look at the technical engineering of the pond and the effects on the surrounding land. He explained that the County would address roadway concerns. Commissioner Daninger asked how flooding would be addressed. Mr. Hinzman stated that flooding would be addressed through the City Engineer and LRRWMO. Commissioner Daninger asked if guardrails would be placed between the pond and Round Lake Boulevard. Mr. Hinzman stated Anoka County would address this but that there is a 20-foot buffer zone. Mr. Erhart indicated he is looking to place trees in this buffer zone for public safety. There was no other public input. Motion by Daninger, seconded by Hedin, to close the public hearing at 9:28 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. () Commissioner Dalien stated numerous issues are open that need to be addressed by other organizations. He explained the impact on City roadways and neighborhood streets should be addressed at this time. Commissioner Dalien encouraged Ms. Dehn to go to the April 20, 2000, LRRWMO meeting. He asked that the Commission increase the bond amount as well. Commissioner Falk and Kirchoff concurred. Commissioner Dalien explained he would like to see this project completed in one summer so local residents are not burdened with hauling trucks for two summers. Commissioner Falk asked where silting and sedimentation would flow for the first year if the project were not completed. Mr. Hinzman indicated silt fences would be put in place but that item would be addressed by other organizations. Commissioner Hedin stated he is not concerned with the truckload weight on Narcissus Street and encouraged the hauling trucks to use Narcissus Street. He explained that the other pond completed by the applicant was done in a safe and timely manner and that the roadway was not disturbed. He asked that the attachment of the pond to the creek not be done until the pond mining was completed. Commissioner Daninger asked that the timeframe be changed from two years to one year. C) o Regular Andover Planning and Zoning Commission Meeting Minutes - April 11, 2000 Page 14 ( '\ U () Chair Squires stated the DNR is becoming proactive in water preservation and allowing waters to create wetlands. He explained they are taking action with the water level condition because wetlands are impacted. Ms. Dehn noted that by using the ditch system it affects residents up and down stream for years to come. She encouraged the Commission to take this into consideration before approval or denial was granted. Ms. Dehn stated that as the land around her develops it would be difficult for her to maintain her farmland. Chair Squires summarized the concerns expressed as being the bond amount needed, the traffic pattern for hauling trucks, traffic control, timeframe for project completion, if the connection can be postponed until the pond was completed, and proof of insurance while mining. He stated that many of the engineering items are beyond the Commission's scope but would be addressed by other organizations. Commissioner Hedin asked if the pond project could be completed within one year. Mr. Erhart stated this could be done and encouraged the Commission to review the status in November of2000. Motion by Apel, seconded by Daninger, to recommend to the City Council approval of the Special Use Permit request for B & L Finance Company to mine approximately 3,500 cubic yards of soil to create a pond at 16449 Narcissus Street NW, legally described as Lots 11 and l1A, Timber Meadows 2nd Addition finding it meets the requirements of Ordinance 8 with the following conditions: CJ o 1. 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 provides the City with a security bond to hold harmless for restoration or other damages cause by mining and hauling of the site as determined by the City Engineer. That appropriate traffic control be placed on site as deemed necessary by the City. That the applicant only alters 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, 7:00 a.m. to 7:00 p.m., Saturday 8:00 a.m. to 2:00 p.m. That the applicant restores the banks of the mined area after excavation with approved topsoil, seed, and/or vegetation or brush to control erosion. That the applicant obtain all necessary permits, including, but not limited to, the following organizations: Department of Natural Resources, Anoka County U.S. Army Corps of Engineers, and Lower Rum River Watershed Management Organization. That the permit be subject to an annual review and renewal by the City and be limited to 180 days from the adoption of the Resolution. 2. 3. 4. 5. 6. 7. 8. 9. / '\ ~') G Regular Andover Planning and Zoning Commission Meeting Minutes - April]], 2000 Page ]5 () \.'-- ,/ 10. An erosIOn control plan must be devised and erected on-site before mmmg commences. 11. Upon 14 days from project completion, turf must be established via wood fiber blanket and disc anchored. 12. Maximum pond slopes are 4: I. 13. Work must be limited to Lots 11 and I1A only. 14. That the applicant provides proof of insurance for the mining work. 15. That the applicant prolongs the ditch connection until the pond excavation and grading is completed to minimize sediment runoff. 16. The City Engineer approves all erosion control and grading plans. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Hinzman stated this would be considered by the City Council on May 2, 2000. PUBLIC HEARING: SPECIAL USE PERMIT (SUP 00-03) - RELOCATION OF PRIMARY STRUCTURE - 177XX WARD LAKE DRIVE NW - DOUGLAS AND JOANN LAWRENCE. u Zoning Administrator Jeff Jolmson stated the Planning and Zoning Commission is requested to consider the SUP request of Doug and JoAnn Lawrence to relocate a single-family home onto approximately 20 acres located at 177XX Ward Lake Drive NW. He provided an overview of the request and explained that Ordinance No.8, Section 5.03 regulates the special use permit process and outlines the following criteria for review: I) the effect of the proposed use upon the health, safety, morals and general welfare ofthe occupants of the surrounding land; 2) the effect on existing and anticipated traffic conditions including parking facilities on adjacent streets and land; 3) the effect on the values of property and scenic views in the sUITOlmding area; and 4) the effect of the proposed use on the Comprehensive Plan. Mr. Jolmson noted Ordinance No. 200 regulates the movement of structures over public roads and the placement of such structures on land within the City via the special use permit process. He noted the home is compatible with the surrounding structures, which would protect neighboring properties from depreciation. Mr. Johnson indicated soil borings have confirmed that the site is buildable for the walkout rambler. He eXplained the proposed site is surrounded by the R-1, Single Family Rural Zoning District. The nearest home is approximately 150 feet from the proposed site. ~ 1..---/ Mr. Jolmson explained the proposed home is a 1,633 square foot walkout rambler constructed in 1960. The home will be placed on the vacant lot to meet all applicable building setback requirements. He noted the applicant would be required to construct a minimum four hundred and forty (440) square foot attached garage in accordance with Ordinance No.8, Section 6.02 _ Minimum Requirements. The entire home eventually will be re-sided to match the new siding on the garage. He stated the home is structurally sound and there are no major building code issues. The applicant will be working with the Building Official through the moving and permitting process. o o r-' , ) .... Regular Andover Planning and Zoning Commission Meeting Minutes - April]], 2000 Page ]6 Motion by Hedin, seconded by Kirchoff to open the public hearing at 10:07 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. There was no other public input. Motion by Hedin, seconded by Falk, to close the public hearing at 10:07 p.m. Motion carried on a 7- ayes, O-nays, O-absent vote. Commissioner Daninger asked if there was a timeframe for the residing of the home and garage. Mr. Johnson stated this could be added to the resolution if needed. Doug Lawrence, 177XX Ward Lake Drive NW, stated this would be completed within the first 60 days upon arriving on the site. Chair Squires stated a date of November 1,2000 could be set for completion of the garage and siding of the home. He asked when the home would be moved. Mr. Lawrence stated the home would be moved after Council approval, or sometime in late May. - , '-J Motion by Daninger, seconded by Kirchoff, to recommend to the City Council approval of the Special Use Permit request of Doug and JoAnn Lawrence to relocate a single family home onto approximately 20 acres located at 177XX Ward Lake Drive NW, finding that the request meets the criteria established in Ordinance No.8, Section 5.03 with the following conditions: 1. That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03(d). 2. That the relocated structure complies with all applicable ordinances, building codes and fire codes. 3. That the relocated structure be placed on a permanent foundation within thirty (30) days of the issuance ofa building permit. 4. That a minimum four hundred and forty (440) square foot attached garage be constructed within one hundred eighty (180) days from the date the Special Use Permit is approved and that the structure be sided to match the primary structure within one hundred eighty (180) days. 5. That a primary and secondary septic area be identified and duly protected as per Ordinance No. 10, Section 9.07. 6. That the applicant combines the two southern most parcels they own with the proposed 20-acre site to meet the minimum required frontage of 300 feet. Motion carried on a 7-ayes, O-nays, O-absent vote. C) Mr. Johnson stated this would be considered by the City Council on May 2, 2000. () o 0 Regular Andover Planning and Zoning Commission Meeting Minutes - April 11, 2000 Page 17 VARIANCE: V AR 00-07 - ORDINANCE 8, SECTION 6.02 - LOT COVERAGE AND SETBACKS - 3149 162ND LANE NW - JAMES LARSON. This item was tabled to the April 25, 2000 Planning and Zoning Commission meeting upon adoption of the agenda. VARIANCE: V AR 00-08 - ORDINANCE 10, SECTION 9.96A - MINIMUM BUlLDABILlTY - 28XX 168TH LANE - STAN ROSHAU. City Planner John Hinzman stated the Planning and Zoning Commission is requested to review the request of Stan Roshau on property located at 28xx 168th Lane NW to vary from provisions of Ordinance 10 related to buildability standards. He provided an overview of the request and explained that the Planning and Zoning Commission is asked to review the request to vary from the following provisions of Ordinance 10, Section 9.06.A3, Minimum Lot Size and Buildability Requirements to vary approximately 2,842.58 s.f. (12.6%) from the minimum requirement of22,500 s.f of contiguous buildable land for a home site and vary 24.6 feet (16.4%) from the 150' x 150' dimension requirement for a building pad. Mr. Hinzman explained the total lot size is approximately 2.5 acres and is zoned R..l, Single Family Rural. o Mr. Hinzman noted Ordinance 10, Section 9.06.A3, the Minimum Buildability Requirements for Non-MUSA Lots which are not served by municipal sanitary sewer and outside the Metropolitan Urban Service Area (MUSA), no residential lot shall be developed for residential purposes unless it contains 22,500 s.f. of contiguous land area that is buildable with a minimum width of 150' and minimum depth of 150'. Mr. Hinzman stated Ordinance 10, Section 17, Variances, allows variances to be granted where it is shown that by reason of topography or other physical conditions strict compliance with the requirements could cause an exceptional and undue hardship to the owner. Variances may be granted only if the variance does not adversely affect the adjacent property owners and intent of the ordinance. Mr. Hinzman noted the applicant states the hardship is that this lot requires 16,500 s.f of wetland fill to meet the 150' x 150' buildable land requirement. Mr. Hinzman noted the property was created during the 1970's, before current wetland regulations. He stated the applicant would bring in the maximum amount of fill allowed by the Anoka Conservation District (4,000 s.f.). Staff has determined that the existence of the lot before the adoption of wetland regulations presents a practical difficulty not created by the property owner and that similar variances have been granted in the past, including a 2,850 s.f Variance to the 22,500 s.f. building pad requirement on a five parcel in 1999. Mr. Hinzman explained staff created two scenarios for the primary and secondary sewer site variance o from the original request. He reviewed the two site plans for the site. Mr. Hinzman noted the first o 0 Regular Andover Planning and Zoning Commission Meeting Minutes - April 11, 2000 Page 18 (\ \..j site plan shows the primary and secondary sewer sites on opposite sides of the creek. He explained the second site plan has the primary and secondary sewer sites on the same side of the creek near the building pad. Mr. Hinzman noted recommends approval of either site plan due to the stringent wetland restrictions. Commissioner Hedin asked if a pipe could run through the creek to the secondary site of the first site plan. Mr. Hinzman stated this could be completed with insulated pipes but would have to be addressed in further detail by the City Engineer. Commissioner Hedin questioned if there would be enough buildable land left after the septic sites were placed on the lot. Mr. Hinzman stated there would be approximately 14,000 square feet of buildable space and that the City of Andover requires 22,500 square feet. Motion by Hedin, seconded by Apel, to recommend to the City Council approval of the request of Stan Roshau to vary from provisions of Ordinance 10, Section 10, Section 9.06A3 on property located at 28xx 168th Lane NW for the second plan provided by Staff with the primary and secondary sewer sites located on the southwest portion of the lot. Motion carried on a 7-ayes, O-nays, O-absent vote. o Mr. Johnson stated this would be considered by the City Council on May 2, 2000. VARIANCE: V AR 00-09 - ORDINANCE 8, SECTION 6.02 - LOT DEPTH _ 13913 OLIVE STREET NW - WOODLAND DEVELOPMENT. Mr. Johnson stated the Planning and Zoning Commission is requested to review the variance request of Woodland Development Corporation to allow for the construction of a single family home to encroach into the front yard setback on the property located at 13913 Olive Street NW, legally described as Lot 4, Block 2, Cherrywood Estates. He provided an overview of the request and explained that the property is zoned R-4, Single Family Urban. Mr. Johnson indicated Ordinance No 8; Section 6.02 establishes the minimum lot requirements. This Section requires a thirty-five (35) foot building setback from the front lot line. He noted that Ordinance No.8, Section 5.04 establishes the variance process. Mr. Johnson stated variances may be granted where there are practical difficulties or unnecessary hardships not allowing one to carry out the strict letter of the provisions of the Zoning Ordinance. The hardships or difficulties must have to do with the characteristics of the land and not the property owner. Mr. Johnson noted the applicant is requesting the variance to construct a single-family home, which would encroach five (5) feet into the thirty-five (35) foot building setback from the front lot line. The variance is being requested because of the difficulty to place a home on the lot. He eXplained /\ the lot meets all the minimum lot size requirements as stated in Ordinance No.8, Section 6.02 but is \.J ,/-\ \.> o 0 Regular Andover Planning and Zoning Commission Meeting Minutes - April]], 2000 Page ]9 unique because the buildable area between front lot line near the cul-de-sac and Prairie Road NW (once setbacks are taken into consideration) is only twenty (20) feet. Mr. Johnson stated that due to the fact this is a cul-de-sac lot, the Building Official felt that the front yard should be varied as opposed to the rear yard. He explained building uniformity would not be as obvious at the front setback line in the cul-de-sac as it would be at the rear setback line. Commissioner Hedin asked if the primary structure would be closer to Olive Street or Prairie Road. Mr. Johnson stated the lot would be five feet closer to Olive Street, with uniformity to Prairie Road. Motion by Apel, seconded by Hedin, to recommend the City Council approval of the variance request of Woodland Development Corporation to Ordinance No.8, Section 6.02 which requires a thirty-five foot front yard setback and to allow for the construction of a single family home that will encroach five feet into the thirty-five foot front yard setback on the property located at 13913 Olive Street NW, legally described as Lot 4 Block 2, Cherrywood Estates. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Johnson stated this would be considered by the City Council on May 2, 2000. .-~ ( . '-.J DISCUSSION: TRANSITIONAL COMMERCIAL DISTRICTS. This item was withdrawn from discussion upon adoption of the agenda. DISCUSSION: APPOINT COMMISSION MEMBER TO THE CELLULAR TOWER TASK FORCE. Zoning Administrator Jeff Johnson advised the Commission that City Council, at their meeting of April 4; 2000, authorized a Task Force Committee be formed to review the City's current telecommunication tower ordinance (Ordinance No. 113). He noted the City recently adopted a one- year moratorium on the construction of telecommunication towers. Mr. Johnson requested that the Planning Commission appoint two representatives to serve on this Committee. Commissioner Kirchoff asked if this committee would only address cellular towers. Mr. Johnson stated this would address cellular towers and issues involved with their approval. Commissioner Dalien volunteered for this position along with Commissioner Falk. OTHER BUSINESS. City Planner John Hinzman briefed the Planning Commission on the outcome of the issues that were pending with the City Council. He also gave a brief overview of items that will be up for discussion o at the next Planning Commission meeting. ,-') '- _/ - - - ~ \...j "'-, ( , \"'0 __/ ..---. lJ Regular Andover Planning and Zoning Commission Meeting Minutes - Aprilll, 2000 Page 20 ADJOURNMENT () J Motion by Daninger, seconded by Hedin, to adjourn. Motion carried on a 7-ayes, a-nays, a-absent vote. The meeting adjourned at 10:31 p.m. Respectfully submitted, Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc.