HomeMy WebLinkAboutSeptember 14, 1999
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CITY of ANDOVER
'LANNING AND ZONING COMMISSION MEETING - SEPTEMBER 14,1999
MINUTES
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to
order by Chairperson Jay Squires on September 14, 1999,7:03 p.m., at the Andover City Hall, 1685
Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present:
Maynard Apel (Commissioner Apel joined the meeting at 7: 17 p.m.),
Larry Dalien, Dean Daninger, Douglas Falk, Mark Hedin, Bev
Jovanovich, and Jay Squires.
None
City Planner John Hinzman
Others
Commissioners absent:
Also present:
. APPROVAL OF MINUTES.
August 24, 1999
o Motion by Jovanovich, seconded by Daninger, the Minutes be approved as submitted. Motion
carried on a 6-ayes, O-nays, I-absent vote.
PUBLIC HEARING CONTINUED: SPECIAL USE PERMIT (SUP 99-15) - ANTENNA IN
EXCESS OF 35 FEET IN HEIGHT - 31xx SOUTH COON CREEK DRIVE NW - US WEST
WIRELESS, LLC
City Planner John Hinzman stated the applicant has requested this item be tabled.
Motion by Daninger, seconded by Jovanovich, to table the public hearing to the September 28, 1999
Planning and Zoning Commission Meeting. Motion carried on a 6-ayes, O-nays, I-absent vote.
Chair Squires requested that the following agenda items be combined for consideration.
PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT (CPA 99-02) - LAND USE
DISTRICT CHANGE FROM RR, RESIDENTIAL RURAL TO RU, RESIDENTIAL URBAN
SINGLE FAMILY -14xx161sT A VENUE NW-ASHFORD DEVELOPMENT CORP., INC
PUBLIC HEARING: REZONING (REZ 99-02) - REZONE FROM R-1, SINGLE FAMILY
RURAL TO R-4, SINGLE FAMILY URBAN - 14xx 161sT AVENUE NW - ASHFORD
DEVELOPMENT CORP., INC
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Regular Andover Plannin~Jd Zoning Commission Meeting 0
Minutes - September 14, 1999
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City Planner John Hinzman stated the first portion of this application is the Comprehensive Plan
Amendment to change the land use district designation from RR, Residential Rural to RU,
Residential Urban Single Family. He stated the subject property is presently designated for rural
residential uses, which is comparable to the uses within the City's R-I, Single Family Rural Zoning
District. He noted the site is approximately 13.7 acres, and is located in the southeast area of Hanson
Boulevard, and I6Is1 Avenue NW, adjacent to the Chesterton Commons North Addition.
Mr. Hinzman commented on the applicable ordinances, which include the Minnesota State Statutes,
which stipulate that rezoning must conform to the Comprehensive Plan.
Mr. Hinzman stated the area to the south of the subject property is designated Urban Residential, and
includes the Chesterton Commons North Addition development. The surrounding property to the
west and east, south of 161 sl Avenue, is designated to be Urban Transitional Residential in the
proposed Comprehensive Plan. He explained this designation will represent the areas in which City
sewer and water services are planned to expand over the coming years, and the subject property is
designated for sewer service in the 2001 time frame.
Mr. Hinzman stated item 5 is the rezoning of the property from the R-I, Single Family Rural Zoning
District, to R-4, Single Family Urban Zoning District, and otherwise incorporates many of the same
Issues.
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Mr. Hinzman explained in conjunction with a Comprehensive Plan amendment for the rezoning of
property, a plan is typically submitted. He noted there had been some sketch plans prepared for this
site over the years, however, one had not been formally submitted. He added that in accordance with
the Development Policy Guidelines, the earliest construction date for this site would be in 2001.
Mr. Hinzman reviewed the Planning and Zoning Commission's options for action.
Motion by Dalien, seconded by Jovanovich, to open the public hearings for items 4 and 5, at 7.07
p.m. Motion carried on a 6-ayes, O-nays, I-absent vote.
There was no public input.
Motion by Falk, seconded by Jovanovich, to close the public hearings for items 4 and 5, at 7:08 p.m.
Motion carried on a 6-ayes, O-nays, I-absent vote.
Commissioner Falk inquired if the Metropolitan Council had commented regarding the
Comprehensive Plan. Mr. Hinzman stated the Comprehensive Plan had not been submitted in
entirety, however, staff has submitted some draft plan amendments, and the Metropolitan Council
has not had any issues with regard to the City's designation area for sewer service through 2020, or
any of the associated uses.
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Regular Andover Planniniund Zoning Commission Meeting
Minutes - September 14, 1999
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Chair Squires inquired if Highway 20 was located to the north of the proposed site. Mr. Hinzman
stated this was correct. He explained there was a 60-foot area to the north which would meet the
minimum requirement for the right-of-way distance, and there will be a street extension from 161 st
Avenue, linking the Chesterton Commons North Addition.
Commissioner Hedin questioned why all the other parcels were not being rezoned simultaneously.
Mr. Hinzman stated a similar question had come forward in the past, in regard to an area that was
surrounded by urban residential development. He noted the residents had expressed concerns at that
time regarding a possible increase in the tax value of the property, as a result of an urban residential
designation, and a similar concern may exist in this situation. He stated that staff could investigate
this matter.
Commissioner Hedin inquired if the Tax Assessor had been consulted in this regard. Mr. Hinzman
stated staff has inquired, and were informed by the Tax Assessor that the determination of
assessments is based upon the anticipation of where sewer service will go, as well as the rezoning of
the property. He explained that when an area is proposed for an urban designation, the service is
probably incorporated into the value of the property, however, to what extent he was uncertain.
Commissioner Hedin stated the proposed site is designated for sewer service in 2001, and he thought
it unlikely the surrounding properties would not also have services available.
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Mr. Hinzman stated this would depend upon where the sewer trunk is located. He stated he did not
believe a trunk had been proposed along Hanson Boulevard, and servicing some of those homes
might be difficult, due to the long distance required to travel in order to connect, unless the
properties were subdivided into smaller lots. He stated the possibility exists, however, the matter has
not been thoroughly examined.
Chair Squires inquired if the properties were all within the same development window. Mr. Hinzman
stated this was correct, they were within the development window of the 2001 sewer service. He
explained that the 2001 designation indicates that service will be available, however, it does not
necessarily mean that a property owner will have to subdivide his property or connect into the
service at that time.
Commissioner Falk inquired if the residents to the north of the proposed site could utilize the sewer
service if they desired. Mr. Hinzman stated they could, if it is available, and if they desired to pay
the cost of connecting to it, which would depend upon the distance to the line.
Chair Squires stated the negative aspect to this proposal was that it necessitated the review of the
Metropolitan Council. He noted it was probably a somewhat tedious process to examine these
matters on a case by case basis.
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Regular Andover Plannini..Jd Zoning Commission Meeting 0
Minutes - September 14, 1999
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Mr. Hinzman stated this was correct, and this was one of the matters staff was attempting to address
with the new Comprehensive Plan, in that they have created a new Comprehensive Plan District,
Transitional Residential, which will anticipate such items coming forward. He explained this district
will create an area that is indicated as rural residential, but within the 2020 sewer service range, so
that any rezoning of this property when service is available will be in compliance with the
Comprehensive Plan. He noted that presently, such districts do not exist, primarily because this plan
was conceived in 1991, prior to the 1996 rule change that required a specific amendment process to
the Comprehensive Plan in this type of situation. He stated that after the new Comprehensive Plan is
submitted, the present proposal would simply require a rezoning.
Motion by Daninger, seconded by Jovanovich, to recommend to the City Council approval of
Resolution No. R -99, a Resolution Amending the Comprehensive Land Use Plan of the City of
Andover to Change the Land Use District Designation from RR, Residential Rural, to RU,
Residential Urban Single Family for Ashford Development Corporation, Inc. at 14xx 16151 Avenue
NW (PIN 14-32-24-32-0014). Motion carried on a 6-ayes, O-nays, I-absent vote.
Motion by Hedin, seconded by Falk, to recommend to the City Council adoption 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 vote.
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: Mr. Hinzman stated these items would be considered at the October 5, 1999 City Council meeting.
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PUBLIC HEARING: SKETCH PLAN - Kerber's Round Lake Estates - FIVE SINGLE
FAMILY DETACHED HOMES - 14440 ROUND LAKE BOULEVARD, NW - NORTH
SUBURBAN DEVELOPMENT.
City Planner John Hinzman stated the Planning and Zoning Commission is requested to review,
comment and hold a public hearing on the proposed sketch plan of Kerber's Round Lake Estates
located the west side of Round Lake Boulevard, as presented by North Suburban Development, Inc.
Mr. Hinzman stated the sketch plan contains five urban single family lots on slightly less than three
acres. He noted urban services were planned for the area, and services are available to the site. He
stated that the proposal presents an issue in regard to the timing of the development and the
Development Policy Guidelines, which require the sketch plan to be submitted by July 1. He stated
that prior to this proposal moving forward in the 2000 development time frame as proposed by the
applicant, it will require a final decision by the City Council.
Mr. Hinzman stated the Andover Review Committee has examined the sketch plan and has provided
their comments. He stated one comment pertains to the property, which is located on Round Lake,
and therefore is subject to the provisions of the shoreline ordinance in terms of the sizes and setbacks
of the lots. He explained the lots located on the lake must be a minimum of 15,000 square feet in
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Mr. Hinzman stated the Andover Review Committee had also provided their comments in regard to
issues including the wetland delineation, the ordinary high water mark, and the grading and drainage
details of the plan. He explained that the review of the sketch plan is based upon the concept of the
use, and not specifically on the engineering, grading and drainage plans, surveying and so forth. He
stated these matters would be addressed when the preliminary plat comes forward, and the residents
will also be notified during this process.
Mr. Hinzman stated the proposed street alignment is slightly offset, at the area where South Cook
Creek Drive intersects with Round Lake Boulevard. He noted the property configuration, which
indicates a home located to the northeast, which prevents the street location further to the east. He
stated the area of Round Lake Boulevard, coming around the curve to the north, is somewhat
treacherous, at present. He noted that within the 2001 time frame, Anoka County is proposing a
reconfiguration of Round Lake Boulevard and expansion to four lanes, however, he was not certain
how this would affect the proposed junction.
Mr. Hinzman stated the subject property is comprised of low areas, and fill will be required to build
up the site to allow for the utilities. He added that the Park Board would review this item for park
dedication requirements at the September 16 meeting.
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Mr. Hinzman explained the public hearing for this matter was a new policy, and this process had not
previously been utilized for sketch plans. He stated Bruce Kerber, representative of North Suburban
Development, the applicant, was present.
Commissioner Daninger inquired if staff had received any information from Anoka County
regarding the reconfiguration of Round Lake Boulevard. Mr. Hinzman stated staff had submitted the
plans, however, they had not yet received any information in this regard.
Commissioner Jovanovich inquired if the land adjacent to the proposed site was separate from this
property. Mr. Hinzman stated the land to the southwest is an out lot of Brandon's Lake View
Estates, and had gone tax forfeit. He noted this area was also a designated Department of Natural
Resources wetland, and there could not be any configuration of that property.
Motion by Falk, seconded by Jovanovich, to open the public hearing at 7.20 p.m. Motion carried on
a 7-ayes, O-nays, O-absent vote.
Nancy Hill, 3595 144th Avenue NW, stated her home was the fourth lot set in to the west from 144th
Avenue. She stated her home was on the pond located on the south side of Round Lake, and is not
represented on the sketch plan. She inquired if the pond would be left intact. She inquired regarding
the distance from the pond to the proposed residential lots. She stated she would like assurances that
the pond will continue to be a habitat for the variety of wildlife that live there.
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Ms. Hill stated the lake utilizes the pond as a water outlet, and the area around the lake has been
developed throughout the years, leaving little open area around the lake, with the exception of the
proposed site. She stated the pond, therefore, has become more necessary for the support of the
wildlife, and preserving the pond is her primary concern.
Ms. Hill stated another of her concerns was in regard to Round Lake Boulevard. She stated she had
attended a Planning and Zoning Commission meeting where discussion was held regarding the
widening of Round Lake Boulevard in 2002, and now proposed for 2001. She stated she would like
to know what changes were going to occur, and that she did not think this development should occur
until this happens. She stated she chooses to turn off of Round Lake Boulevard onto 143rd Avenue, a
block from her house, because of the bypass lane at this location, where the vehicles can go around
her as she makes a left hand turn, and reduces her risk of being rear-ended. She stated she would
like to know how many traffic accidents have occurred along that stretch of roadway.
Ms. Hill stated another reason she chooses to turn on 143rd Avenue, rather than her street, is in
consideration of the safety of the bicyclists and pedestrians, which was her concern during the
previous Planning and Zoning Commission meeting she had attended. Ms. Hills stated she had
attempted to find out when the road would be developed beyond 140th A venue, and was told at that
time, this would occur in the year 2002. She stated traffic continues to increase on Round Lake
Boulevard, and particularly in light of the construction on Bunker Lake Boulevard. She stated
" ) vehicles are constantly passing on the right hand side, which causes a problem for pedestrians.
Ms. Hill reiterated her concerns regarding the preservation of the pond, the distance from the pond to
the residential lots, and the future plans for Round Lake Boulevard. She stated she did not believe
this proposal should proceed, prior to the redevelopment of the road. She added, in her opinion, a
left turn lane was necessary for the residents of the proposed site to access the property.
John Lawrence, 14516 Round Lake Boulevard, stated he was a resident of the area for 23 years. He
stated the plan appeared to be good, however, the Planners have to realize that Round Lake
Boulevard is a concern. He stated the City Council has stated many times that this is a County Road,
and not their concern. He stated that if the development is allowed to proceed, the street should be
realigned in a manner that is safe for the people who were going to live there.
Mr. Lawrence stated the sketch plan does not indicate where the houses will be located, and is very
vague. He stated the residents would like to know how far apart the proposed houses would be
spaced, to provide they do not lose their sunsets, and that there is no interference with their tranquil
quality of living.
Jerry Fricke stated he was the agent who listed the property, and was representing the family of
Ernestine Shephard, the property owner. He stated that Mrs. Shephard and her husband, prior to his
passing, had hoped this property would be developed into a single family type residential area. He
'\ stated that Mrs. Shephard is presently in her late eighties, and resides in Milaca. He stated she was
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concerned that if she did not place the property on the market soon, someone would come in and
develop multiple family units on it. He stated he was not aware whether or not this would occur,
however, the present proposal was the best offer Mrs. Shephard has ever had, with several others
falling through for one reason or another, and she feels this is a very viable operation.
Mr. Fricke stated the concerns regarding the wetland would be addressed by the Department of
Natural Resources, regardless of the outcome of the situation. He stated, in regard to the problems
with the road, Mrs. Shephard can not know what will occur. He stated, from his perspective, perhaps
stoplights on an in-turn basis would be a solution.
Mr. Fricke stated Mrs. Shephard has every hope that this proposal goes forward, and that she would
realize some of the benefits of this property, which has been in her family for a very long time.
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Chris Greendorf, 3615 145th Avenue NW, stated her concern was the impact the proposed homes
would have on the lake, and inquired if the Department of Natural Resources has conducted and
research in this regard. She stated she has lived at her home for five years, and in that time has
noticed changes as a result of other development on the lake. She stated a nearby lot had been
cleared to the lake, prior to construction of a house at that location. She stated geese had tended to
flock in this area, until the home was built. She stated this spring the geese were in the street, and
this causes a problem for the geese, as well as for the residents and their pets.
Ms. Greendorf stated she has also noticed many more animals coming up from the lake into her yard.
She stated she has a small fenced in yard for her pets, and the water animals have gotten into her
fence and become trapped. She stated she was not aware if the animals are being driven into the
residential areas due to the weather, overpopulation, or the lack of wetlands, however, this was of
major concern to her.
Bonnie Keat, 14423 Underclift Street, stated she lived across the pond, west of the proposed
development. She stated she had lived at this property for approximately 22 years. She noted that
the nearby grocery store utilized a four-way stop at the intersection when she moved into her home,
and the area has grown tremendously since that time.
Ms. Keat stated a previous proposal for this property had been the rezoning and development of
apartment buildings, and this resulted instead, in the homes constructed on 144th Avenue. She
stated, in her opinion, this was not a bad plan. She stated the Department of Natural Resources must
protect the pond and the shoreline, and the residents of the proposed site must be aware of the safety
hazards associated with entering and exiting their property. She stated this stretch of roadway was
very busy, and she also utilized 143rd Avenue to enter her property.
Ms. Keats stated this was the best appearing proposal that has come forward for this property, since
she has lived in the area. She inquired if the property would have to be rezoned.
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Mr. Hinzman stated it would not, at this point. He stated the property is presently zoned for single
family residential development, and is properly zoned for the present proposal.
Ms. Keats stated she realized that some type of development would have to occur in this location,
because someone owned the property, and would probably like to benefit from it.
Bruce Kerber, Co-owner of North Suburban Development, Inc., the applicant stated the property
they had purchased does not come on to the pond. He explained that the property adjacent to the
entry road shifts over 50 to 60 feet, and the high ground is in this area. He stated the property is
zoned single family unit, and they are proposing to construct this type of home on the property.
Mr. Kerber noted Mrs. Shephard has owned this property for a considerable amount of time, and she
would like to sell it, which is one of her rights.
Mr. Kerber stated his company was aware that this proposal required careful consideration, and
everything they are proposing to do is in compliance with the City Ordinance, to date. He explained
that the issues would be more specifically addressed during the preliminary plat process.
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Mr. Kerber stated they were attempting to situate the homes on the lots to provide that everyone can
benefit from the view. He noted they only have a certain size lot upon which to construct the houses,
which would be upper bracket type homes.
Mr. Kerber noted the concerns regarding he wildlife, and pointed out that the property appears to be
mowed. He stated a single-family unit currently exists on the site, and he believed people were
living on the property.
Mr. Kerber stated he would attempt to answer any questions at this time. He noted they did not have
a great amount of information at this stage of the proposal, however, they were interested in gaining
public input.
Commissioner Daninger inquired if there were any alternatives for the location of the entry road.
Mr. Kerber explained the proposed location was the only option they had found to prevent the
property from being landlocked. He stated they could not dictate what the County would do. He
noted that entering this development would probably not be any more difficult than turning into any
others along Round Lake Boulevard, and that anyone with a residence on that side of the road would
face the same situation, unless there was a streetlight in that location.
Mr. Kerber reiterated that the development of Round Lake Boulevard was a County issue, over
which they had no control. He stated, however, they could emphasize the concerns to the County.
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Motion by Falk, seconded by Daninger, to close the public hearing at 7:37 p.m. Motion carried on a
7-ayes, O-nays, O-absent vote.
Commissioner Jovanovich stated she traveled Round Lake Boulevard almost daily, and had seen
numerous accidents at the noted location. She stated she agreed with the residents, and would like to
wait until there are improvements to Round Lake Boulevard, prior to further impacting it.
Commissioner Apel stated he did not agree with depriving the property owner of her land rights,
while waiting for the County to improve Highway 9.
Commissioner Jovanovich stated the issue of how this would affect the other residents should also be
considered.
Commissioner Daninger stated improvements other than the complete redevelopment of Round Lake
Boulevard might also address these issues. He stated he would like to know what the County plans
are, however, he did not think the property owner should be deprived of her rights in the meantime.
He stated safety was definitely an issue on the road, however, there may be other means by which to
achieve this, such as a stoplight or a speed limit change to 30 miles per hour.
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Commissioner Apel stated the Planning and Zoning Commission could not enforce or make rules
based upon what the County mayor may not do. He explained the ordinances are very clear in this
regard.
Commissioner Falk stated there is currently construction on Bunker Lake Boulevard, and many more
vehicles are traveling on South Coon Creek Drive, which impacts Round Lake Boulevard.
Commissioner Hedin stated it was his understanding that the proposal's submission after July I
represented that it could not be constructed until 2001.
Mr. Hinzman explained that under the Development Policy Guidelines the project could not
commence until 2001. He noted the applicant is petitioning to commence in 2000 because they are
not looking for an extension of urban services, as they are already present, and because of the size of
the development. He explained that whether or not the construction could commence in the year
2000, would ultimately be the decision of the City Council.
Commissioner Apel explained the Development Policy Guidelines were identified for the extension
of services, and therefore, the time period requirement.
Mr. Hinzman added that primarily, the City's new developments occur in this area, however, the
proposed project is more of an "in-fill" development.
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Commissioner Hedin inquired if there was any other reason the project could not move forward in
2000.
Mr. Hinzman stated he did not think there would be anything else to prevent the development from
proceeding. He reiterated the rule was established for the extension of services, and construction of
utilities and streets, to insure there was not too much to handle, in terms of the construction. He
noted this property was within the MUSA, and because of the size of the development, the applicant
has requested to commence in 2000.
Commissioner Hedin inquired regarding the County's plans for Round Lake Boulevard.
Mr. Hinzman stated he was uncertain of the County's plans. He noted that if there were plans to
signalize South Coon Creek Drive and Round Lake Boulevard, it could possibly be configured it in
such a way that it could incorporate the western extension of the proposed entry road. He reiterated
staff had not received any comments from the County regarding the sketch plan at this time,
however, when they do, they will work through the preliminary plat process to see what can be done
to address this matter.
Commissioner Dalien noted a strip of land indicated on the sketch plan, and inquired if there was
adequate frontage on the road to construct a street through this area.
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Mr. Hinzman explained that the property to the west is an out lot from Brandon's Lake View Estates,
a 20-foot strip ofland, which is actually a right-of-way. He noted the existing homes, which would
prevent the entry road from being relocated. He stated staff would bring these questions forward to
Anoka County through the sketch plan and preliminary plat process, to determine a better solution to
the problem.
Commissioner Hedin stated this information would also be helpful to the Planning and Zoning
Commission.
Commissioner Apel stated these were really matters that would be addressed by the preliminary plat.
He explained the present consideration was the review of the sketch plan to determine if it fits with
the Comprehensive Plan, and the City ordinances.
Mr. Hinzman explained there are two processes for plats, this being the first phase, during which
they were reviewing the conceptual approval of the development. He stated the concerns brought
forward at the meeting would be addressed upon approval, and specifically during the preliminary
plat stage. He added that the public will again be notified, and more specific details will be
provided.
Commissioner Dalien noted the Andover Review Committee had requested the Planning and Zoning
Commission discuss trails or sidewalks in the development. He inquired where the future trails
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Mr. Hinzman stated there was a plan for a trail to be located west of the property. He stated he had
perceived this to be a consideration of whether or not it would be advisable to bring a sidewalk or
trail system from South Coon Creek Circle into the development, and if this would be necessary. He
noted that the Park Board would also address this matter.
Commissioner Apel stated this was a matter for the preliminary plat stage, as they would not know
the configuration of the property until the engineering work is completed. Commissioner Dalien
added that this was an extremely small development, with a short distance along the road where a
trail may go, and therefore, it may be unnecessary.
Commissioner Hedin stated the right-of-way for the cul-de-sac requires a 6O-foot minimum radius,
and inquired if this would affect the compliance ofthe lot sizes.
Mr. Hinzman stated at this time, there was not a great deal of dimensional information, however, he
did not think it would. He explained the original plan for this property indicated a 6O-foot radius for
the cul-de-sac, and he was not aware of any issues regarding the lot size as a result of this. He added
this matter would be examined during the preliminary plat stage.
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Commissioner Apel noted that Lot 1 might have a problem in regard to the lot size requirement. Mr.
Hinzman stated this was correct, in terms ofthe depth of the lot.
Chair Squires stated it appears from the sketch plan that Lot 3 may also have difficulty meeting the
15,000 square foot size requirement. Commissioner Apel noted this lot line could be easily adjusted
through realignment of the lot line with 1 46th Avenue.
Commissioner Daninger noted a positive aspect of this proposal, in that it will bring to Anoka
County's attention, the need for a stoplight or stop sign at this intersection. He noted the County
might not see a need for improvement, if not for the development proposal.
Mr. Kerber stated that prior to developing, he was the director of a county engineering department,
and he felt he would be able to work well with the County of Anoka, in regard to this matter.
Chair Squires stated he believed that all issues would be addressed. He stated his main concern was
the offset intersection, which on paper, does not appear to be good, however, this is a street that does
not go through, and services five dwellings. He stated he would be much more concerned if it was a
through street, or if it entered into a larger parcel that had may more dwellings. He stated he
recognized the neighbor's concerns regarding the increased traffic, however, this development would
consist of a maximum of five homes, possibly less, if the lots must be reconfigured to meet the lot
size requirements.
Glen Sythe, 14462 Round Lake Boulevard inquired where the water and sewer would enter the
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Regular Andover Planniniund Zoning Commission Meeting
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Mr. Kerber stated the service was located to the east of Round Lake Boulevard, and comes across to
Coon Creek. He explained he had a rim elevation of 8.759, and an invert elevation of 8.6609, which
provides him with a 9.81-foot depth in which to bring the service to the property.
Mr. Hinzman advised there was no formal approval or denial of the plat at the sketch plan stage of
the proposal, and the comments of the Planning and Zoning Commission would be forwarded to the
City Council, who will consider these, and provide additional comments in regard to this matter.
Commissioner Apel stated the residents could attend the City Council meeting, and express their
concerns directly.
Chair Squires stated the major concerns appeared to focus upon the road and traffic issues, as well as
the alignment of South Coon Creek Circle and the entry road. He noted there were some comments
regarding the pond, however, the developer had indicated the property would not be located on the
pond. He stated the direction of staff should be to research the issues related to the traffic and
alignment considerations.
Mr. Hinzman stated staff would also research the plans for improvements to Round Lake Boulevard.
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Mr. Hinzman stated this matter would be reviewed by the City Council on October 5, 1999.
OTHER BUSINESS.
Mr. Hinzman updated the Commission regarding recent Council action. He stated the Special Use
Permit for Precision Tune located on Bunker Lake Boulevard was approved, as well as an ordinance
pertaining to Private Dog Kennels. He stated there was discussion regarding the ordinances for
accessory structures and fences, and they were approved with the Planning and Zoning
Commission's revisions. He stated the variance on North Enchanted Drive had been approved, as
well as the variance on 159th Avenue for a septic system.
Mr. Hinzman stated the Northern Natural Gas Pipeline was discussed at the September 7 Council
meeting, and there was still no formal resolution to this matter. He noted a Special City Council
meeting was held on September 1, with the Federal Energy Regulatory Commission (FERC) and the
residents, regarding the proposed FERC alternate route and the existing route. He stated there were
approximately 200 people in attendance at this meeting.
Mr. Hinzman explained the City Council had requested further information regarding the
environmental impacts of the existing pipeline, and the proposed route. He stated FERC had
conducted an environmental assessment in regard to this, and had determined the existing line
proposed by Northern Natural Gas is not environmentally detrimental. He stated they had also
'\ commented that the FERC alternate route was their environmentally preferable route. He stated the
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Regular Andover Planniniund Zoning Commission Meeting
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residents located on the alternate route had not anticipated any sort of proposal coming forward at
that meeting.
Mr. Hinzman stated the comment period for the environmental assessment expired on Monday, and
the comments would now be brought forward to the Board of Commissioners at FERC, and they will
render a decision on the existing route. He stated they might also recommend or certificate the
alternate route, if they decide to utilize it, and no decision has been made at this time.
Commissioner Apel advised that if FERC utilizes the alternate route, they must make sure that the
existing route is closed off. He noted they did not need the two pipelines within the City. He added
this would also result in two right-of-ways within the City of Andover.
Mr. Hinzman stated staff had forwarded this comment as well, however, FERC and Northern Natural
Gas had not made any proposals to do this. He stated staff was also concerned regarding the
possibility of two utility corridors within the City.
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Chair Squires stated in the event that the alternate site was chosen they had discussed whether or not
the matter would come before the Planning and Zoning Commission again. He stated he believed it
would have to, adding that it would be very unfair to the residents along the alternate route, if they
did not have the opportunity to express their concerns before the Commission, as did the residents on
the existing route.
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Mr. Hinzman stated he agreed with this as well, and had assumed the entire process would be
utilized again. He stated, however, the legal staff at FERC had indicated they have the option to
certificate the alternate route with a number of conditions. He commented this appeared to be an
unusual approach, as it does not present the residents along the alternate route the opportunity to
express their concerns.
Chair Squires stated this does not address whether or not the City has local jurisdiction under their
own processes. Mr. Hinzman stated this operation is under Federal Jurisdiction, and the ultimate
authority for placing the pipeline rests in their hands.
Commissioner Apel stated they would still have to provide notification and discuss the matter. Mr.
Hinzman stated there had been some attempts to do this, however, he would not consider these
attempts equal to the process they had undergone with the first proposal.
Chair Squires stated this could not be allowed to happen, and if for some reason, the City's process
slips through the cracks, there should be a public hearing addressing why such a thing was allowed
to happen. Mr. Hinzman stated this was the City's position on the matter.
Commissioner Hedin inquired regarding FERC's timeline for finalization. Mr. Hinzman stated he
would assume this matter would be finalized within a couple of weeks, or possibly a month. He
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Regular Andover Plannin~a/zd Zoning Commission Meeting
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explained the distributors along this line have specific heating goals that they must meet this winter,
and Northern Natural Gas is proposing to construct a portion of the pipeline in the City of Ramsey,
at a point where the existing route and the FERC alternate route intersect. He stated they are
proposing to construct this as a separate project in order to leave open the possibility of connecting
to the existing or alternate route in Andover. He explained, however, the line in Ramsey utilizes a six
inch pipe, therefore, the addition of a 16 inch pipe would provide enough flow for their winter
heating needs, and would remove this matter from the equation.
Mr. Hinzman stated he believed FERC would rule on this matter quite soon, however whether or not
they would rule on the separate project in Ramsey or the entire matter, he was uncertain. He stated
this matter had been brought forward to the City Council on September 7, to determine if they had
sufficient information to render a recommendation on the route. He explained that the Planning and
Zoning Commission had recommended approval of the route in March, however, the City Council
has not yet made their recommendation.
Mr. Hinzman noted a request to waive the requirement for Kottkes' Bus Company for an
underground storage tanle He stated the City Council has requested the Planning and Zoning
Commission review the bulk storage of liquid fuels that are not a new use to the site, in terms of an
administrative process. He stated that new fuel tanks not previously on the site would still utilize the
existing process.
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Mr. Hinzman stated at the next meeting of the Planning and Zoning Commission there would be
continued discussion of the USWest Wireless telecommunications tower, a Special Use Permit
request for temporary classrooms, and a public hearing regarding the possible restriction of
snowmobiles within the urban areas of the City.
There was no other business to come before the Andover Planning and Zoning Commission.
ADJOURNMENT.
Motion by Apel, seconded by Jovanovich, to adjourn. Motion carried on a 7-ayes, a-nays. a-absent
vote.
The meeting adjourned at 8:07 p.m.
Respectfully submitted,
Trish Pearson, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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