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HomeMy WebLinkAboutJuly 14, 1998 u u ,- "- o CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JULY 14,1998 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on July 14, 1998, 7:34 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners absent: Also present: Mike Gamache, Lorna Wells Maynard Apel, Jeff Luedtke, Randy Peek City Planning, John Hinzman City Planning, Jeff Johnson Others APPROVAL OF MINUTES (j June 23, 1998: Correct as written. Motion by Gamache, Seconded by Wells, to approve the Minutes. Motion carried on a 2-Yes (Gamache, Wells), I-Present (Squires), 3-Absent (Apel, Luedtke, Peek) vote. PUBLIC HEARING: SPECIAL USE PERMIT - MINING PERMIT - SECTION 3 - TONY EMMERICH CONSTRUCTION, INC. 7:35 p.m. Mr. Hinzman reviewed the request of Tony Emmerich Construction for a Special Use Permit to excavate soil on property located southwest of the intersection of 181st Avenue and Hanson Boulevard. The property is zoned R-l, Single Family Rural and is designated Agricultural Preserve, which is set to expire in the year 2000. The majority of the land surrounding the site is in Agricultural Preserve. The proposal is to excavate soils over a four-year period and construct two upland ponds on islands of high ground surrounded by wetlands. For the north pond, approximately 140,000 cubic yards of soil will be removed. About 34,000 cubic yards of soil will be removed to form the south pond. Most of the area is not designated wetlands, though he believes a permit will be needed from the Lower Rum River Watershed Management Organization. There would be a haul road from 181 st Avenue to access the site, and the soils will be hauled off the site to other places within Andover and outside of the community. 8 Commissioner Wells was concerned about the effect of the ponds being created upon the existing wetlands. Mr. Hinzman stated the ponds would be separated from the wetlands by a ridge. The \ " .J '-) Regular Andover Planning and Zoning Commission Meeting Minutes - July 14, 1998 Page 2 intent is to dig deep enough to sustain water in the ponds. The engineer has determined that the (Public Hearing: Special Use Permit - Mining - Sec 3 - Tony Emmerich, Continued) proposal will not adversely affect the drainage from the surrounding area. There will not be a lot of tree loss and the site will not be visible from outside the boundary of the land. The Permit is subject to an annual review. Each year Staff looks at what has been done to make sure the grading is being done to the plans submitted. Motion by Gamache, Seconded by Wells, to open the public hearing. Motion carried on a 3-Yes, 3-Absent (Apel, Luedtke, Peek) vote. 7:38 p.m. Barb Glatt. 1750 177th Avenue NW -lives immediately south ofthe property. She was concerned that this will land lock the north edge of her property if any development is placed on this site. The ponds are immediately north of her property line and the wetland is on the west side, so she is concerned with not having access to the north portion of her property. The edge of the southern pond is 20 feet from her property line, and she is worried there may be soil erosion and that it would affect their drainage. They farm that area. She also wondered if the creek will be affected in any way, as County Ditch 71 drains a lot of acreage used for sod production, flows north to Cedar Creek and ultimately into the Rum River. She has a little wetland on her property but has never really . / experience a lot of deep flooding. The low land close to Hanson Boulevard gets wet in heavy rains, but they have ditches to drain that land for agricultural purposes. Lilly Bray. 17947 Hanson Boulevard - is concerned about the drainage of the creek along there. During wet seasons, it floods over to the east side of Hanson Boulevard, and culverts drain the water to the other side. The ditch on their side gets soaked, plus it is very wet when there is a lot of snow. She's concerned that this is going to totally change that drainage. Will they be left high and dry or will they be wet? She's also concerned about changing the water drainage from the creek. Will the ditch be dug deeper? She is concerned with more water coming onto their property because of this proj ect. Lisa Kowalski. 1990 181 st Avenue - wondered where the haul road will be in relation to her property line. Once it is excavated, will there be bare dirt and dust? 181 st is not a well-maintained road, and she had a concern with running that many trucks over the road. \ / Tony Emmerich - owns the property. The closest they come to any neighbor with the haul road is about 1,300 feet. He didn't think that would create a problem for the neighbors. The project is over 1,000 feet from the Glatt property. The land is approximately four feet from the water table. They will do no draining and they are not touching the ditch. They will be digging into the water table to a depth of about 20 feet to create two lakes. He didn't know if it would landlock Glatt's property, but they would never bring a road back there. They will not be draining or raising any water tables. They are making a lake. Lake property is hard to come back, so they are making their own lake. The property wasn't buildable before and it won't be buildable after. There is some buildable land to the north, but it will never be buildable around the lake. The bottom lake will be shaped like a fish tail. These will be permanent lakes. \ '- / () , / Regular Andover Planning and Zoning Commission Meeting Minutes - July 14, 1998 Page 3 (Public Hearing: Special Use Permit - Mining - Sec 3 - Tony Emmerich, Continued) Residents present then expressed concern about the large number of trucks that will be driving down 181 st Avenue and Hanson Boulevard over the four-year period, the poor condition of 181 st Avenue already, the disturbance from the noise of the trucks, especially if one works nights and must sleep during the day, the effect of the digging on the surrounding wells and the monitoring for that possibility, possible contamination of the water table in the area, future development and zoning of that area, and a limitation on the hours of operation, especially since it is going to be taking place over the next four years. , / Mr. Emmerich - responded to the comments. Part of the project is to keep the haul road watered during dusty conditions to keep down the dust, plus they will have a rock entrance to keep the dirt off 181st Avenue. The trucks that will be hauling the dirt are belly dumps. The haul route would very likely be from 181 st Avenue south on Hanson Boulevard. He is sure both roads are 9-ton roads. Mr. Emmerich stated the soils engineers expect this will have a minimal impact on the elevation of the surrounding water. If anything, there will be more storm water retention than in the past This will not affect the wells of the surrounding neighbors because they will be digging in a different aquifer. There will be no comtamination of the water table. They have no immediate plans for the development of the property once the lakes are constructed, though some day taxes may force him to develop it. He did not think the trucks will disturb any of the neighbors because of their distance from the site. Mr. Hinzman stated there are no proposed changes to the size oflots in that area, which are now 2 'h acres. Typically Staff does not monitor the water table or the effect on surrounding wells. If there is a problem, he encouraged the residents to inform the City. Motion by Wells, Seconded by Gamache, to close the public hearing. Motion carried on a 3- Yes, 3-Absent (Apel, Luedtke, Peek) vote. 8:02 p.m. The Commissioners had questions on the definition of Agriculture Preserve, permits that are required and hours of operation. Mr. Hinzman reviewed the regulations, noting application has been made to officially take it out of the Ag Preserve designation. It will remain in Ag Preserve until the year 2000, so it would not be subdividable until then. He will check with the Engineer, but he did not think a DNR permit is needed because it is not a DNR protected wetland. A permit will be required from the Lower Rum River Watershed Management Organization. The hours of operation suggested in the Resolution are 7 a.m. to 7 p.m., Monday through Saturday as requested by the developer. Commissioner Wells was concerned with the hugh amount of truck traffic that will generate from this site over 181 st and down Hanson Boulevard past two schools and encountering school buses. , She felt it is a health, safety and welfare issue with this type of traffic on Hanson Boulevard. Also, , J 181st is in need of repair at this time; and this truck traffic will only make it worse. She had a real concern about the number of trips this project will generate. She asked if the school district had been contacted. Mr. Hinzman stated typically ifthere is damage to the road, the developer will be asked ) ",) Regular Andover Planning and Zoning Commission Meeting Minutes - July 14, 1998 Page 4 (Public Hearing: Special Use Permit - Mining - Sec 3 - Tony Emmerich, Continued) to reimburse the repairs of that damage which can be directly related to the project. The school district generally is not contacted unless their land is adjacent to the project. Ms. Kowalski - asked to see a change in the hours of operation on Saturday mornings, as she felt she would definitely hear the noise from the trucks. Mr. Emmerich - stated he would be open to starting at 8 a.m. on Saturdays. Motion by Wells, Seconded by Gamache, proposing denial ofthe request based on the health, safety and welfare of the surrounding area, an adverse effect to the streets by 7,000 truck loads running that close to someone else. There is no way this would not affect the surrounding area. Motion fails on a I-Yes (Wells), 2-No (Gamache, Squires), 3-Absent (Apel, Luedtke, Peek) vote. / Motion by Gamache, Seconded by Squires, to recommend approval ofthe Resolution for the Special Use Permit to the Council along with the change in No.8, that is the Lower Rum River Watershed Management Organization, not the Coon Creek Watershed District, and pass that on to the City Council. Change the hours of operation on Saturdays to 8 a.m. to 2 p.m. DISCUSSION: Commissioner Wells asked about the possibility oflimiting the number oftrucks that would !taul in any given day. Commissioner Gamache stated he would rather not do that, thinking it would be very difficult to enforce over the the number of years of this project. Motion carried on a 2- Yes (Gamache, Squires), I-No (Wells), 3-Absent (Apel, Luedtke, Peek) vote. This will be placed on the August 4, 1998, City Council agenda. 8:20 p.m. PUBLIC HEARING: SPECIAL USE PERMIT - INSTITUTIONAL SIGN - 13655 ROUND LAKE BOULEVARD NW - GRACE LUTHERAN CHURCH 8:20 p.m. Mr. Johnson reviewed the request of Grace Lutheran Church for a Special Use Permit to erect a new 70-square-foot identification sign at 13655 Round Lake Boulevard. This will replace the existing sign which is approximatley 25 years old. The sign will be approximatley three feet from the ground and placed further toward the property. He did not inform the county of this request, but Staff has discussed with the applicant the placing of the sign far enough back so there will be no site problems at that intersection. Chairperson Squires felt that because this is on two county roads, that they should at least look at the request. Mr. Johnson stated he can do that when they apply for the sign permit. Motion by Wells, Seconded by Gamache, to open the public hearing. Motion carried on a 3- Yes, 3-Absent (Apel, Luedtke, Peek) vote. 8:26 p.m. , J Walt Gillan. a representative of Grace Lutheran Church - stated the existing sign is rotting. The new one will be an aluminum sign very similar to the Oak View Middle School sign. It will be four feet high and fifteen feet wide, lighted from the ground, with the ability to view it from either side. It \ , '- / l) Regular Andover Planning and Zoning Commission Meeting Minutes - July 14, 1998 Page 5 J (Public Hearing: Special Use Permit - Institutional Sign - Grace Lutheran Church, Continued) is a permanent sign that will have the ability to scroll a lighted message on the bottom in the future when they can afford it. Motion by Gamache, Seconded by Wells, to close the public hearing. Motion carried on a 3-Yes, 3-Absent (Apel, Luedtke, Peek) vote. 8:24 p.m. Commissioner Wells felt this will be positive for the area. She was concerned with having a marquee on the sign at such a busy intersection because it is a real distraction to drivers. She would prefer to have that portion of the sign be considered again by the City when the Church is ready to install it. Mr. Gillan - stated there are scrolling marquees at McDonalds and at Festival across the street. That would be in the future when they can afford it. Motion by Wells, Seconded by Gamache, to forward to the City Council approval subject to the approval of the county added as a condition. Motion carried on a 3-Yes, 3-Absent (Apel, Luedtke, Peek) vote. This will be placed on the August 4, 1998, City Council agenda. 8:30 p.m. .' PUBLIC HEARING: AMENDMENT TO THEANDOVER COMPREHENSIVE PLAN - LAND USE PLAN - OS, OPEN SPACE, AND RU, RESIDENTIAL URBAN TO P, PUBLIC - SECTION 22 - CITY OF ANDOVER 8:30 p.m. Mr. Hinzman reviewed the proposed amendments to the Comprehensive Land Use Plan to change the land use district designation from OS, Open Space, to P, Public, on approximately 40 acres surrounding the City Hall and to change the land use district designation from RU, Residential Urban Single Family, to P, Public, on approximately 49.1 acres at Oak View Middle School. The land is currently zoned R-l, Single Family Rual, and an application to rezone this property to R-4, Single Family Urban, has been submitted in conjunction with the amendment. Staff feels the P designation more accurately reflects the uses on those properties. The proposal does not include Sunshine Park, which is already designated for General Recreation. Motion by Wells, Seconded by Gamache, to open the public hearing. Motion carried on a 3- Yes, 3-Absent (Apel, Luedtke, Peek) vote. 8:36 p.m. There was no public testimony. Motion by Wells, Seconded by Gamache, to close the public hearing. Motion carried on a 3- Yes, 3-Absent (Apel, Luedtke, Peek) vote. 8:36 p.m. \ J Commissioner Wells liked the idea of a Public designation as opposed to Open Spaces. Commissioner Gamache wanted to be sure the change does not affect the four ball fields at the City Hall park and the facilities associated with parks. Mr. Hinzman didn't think it would. '-/ (~) Regular Andover Planning and Zoning Commission Meeting Minutes - July 14, 1998 Page 6 (Public Hearing: Amend Comp Plan - Land Use Plan - OS & RU to P - Section 22, Continued) Motionby Wells, Seconded by Gamache, to recommended approval to the City Council as proposed by Staff. Motion carried on a 3-Yes, 3-Absent (Apel, Luedtke, Peek) vote. This will be on the August 4, 1998, City Council agenda. 8:37 p.m. PUBLIC HEARING: REZONING-R-l,SINGLE FAMILY RURAL, TO R-4, SINGLE FAMILY URBAN - SECTION 22 - CITY OF ANDOVER 8:37 p.m. Mr. Hinzman explained there isn't a zoning to the public land use district, but those uses are permitted in the R-4 district which are served by municipal sewer and water. The City Hall and both schools are served by municipal utlities. Motion by Gamache, Seconded by Wells, to open the public hearing. Motion carried on a 3- Yes, 3-Absent (Apel, Luedtke, Peek) vote. 8:38 p.m. There was no public testimony. , / Motion by Gamache, Seconded by Wells, to close the public hearing. Motion carried on a 3- Yes, 3-Absent (Apel, Luedtke, Peek) vote. Motion by Gamache, Seconded by Wells, pass on to the City Council the ordinance amending Ordinance No.8, Section 6.03, Zoning District Map of the City of Andover as drawn up by Staff. Motion carried on a 3- Yes, 3-Absent (Apel, Luedtke, Peek) vote. This will be placed on the August 4, 1998, City Council agenda. 8:39 p.m. PUBLIC HEARING: AMEND ORDINANCE NO. 230, NOISE ORDINANCE - SAID AMENDMENT ADOPTS MPCA NOISE STANDARDS Mr. Johnson explained this ordinance has been highly successful in other communities, and more and more communities are going to this type of standard. The MPCA has been very helpful in allowing cities to use their noise decible monitors and training Staff. Tests were done at Pov's for noise, and it was found they are in compliance with the PCA standards as stated in the proposed ordinance. The council had questioned the location of the tests, but Staffhas learned that the tests are to be taken at the receiving property line. So the tests taken by Staff were done correctly. The Commission agreed that more members are needed to discuss and act on the proposed ordinance amendment. Motion by Wells, Seconded by Gamache, to table this item to the next meeting pending further , J discussion by Commission members. Motion carried on a 3- Yes, 3-Absent (Apel, Luedtke, Peek) vote. , '-) '\ \.J Regular Andover Planning and Zoning Commission Meeting Minutes - July 14, 1998 Page 7 PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTION 8.I9(A), NOISE Motion by Wells, Seconded by Gamache, to table the item to the next meeting. Motion carried on a 3- Yes, 3-Absent (Ape1, Luedtke, Peek) vote. PUBLIC HEARING: AMEND ORDINANCE NO. 10, SECTION 9.07, PARK DEDICATION 8:47 p.m. Mr. Hinzman explained the City Council and Park and Recreation Commission have discussed changing the Park Dedication requirements to allow the developer to choose from between three to five appraisers to assess the proeprty value of land for park dedication purposes. The choice allows greater flexibility. Motion by Wells, Seconded by Gamache, to open the public hearing. Motion carried on a 3- Yes, 3-Absent (Ape!, Luedtke, Peek) vote. 8:49 p.m. There was no public testimony. Motion by Wells, Seconded by Gamache, to close the public hearing. Motion carried on a 3- Yes, 3-Absent (Ape!, Luedtke, Peek) vote. 8:49 p.m. ~- / Commissioner Wells suggested that rather than allowing the developer to choose an appraiser, those on the list be picked at random because of the potential liability on the City if the same appraiser would get picked over and over again. Or do it on a round-robin type basis. Mr. Hinzman explained under the current ordinance the City only uses one appraiser, and this will open it up for more appraisers. It also addresses the problem when there is some disagreement between the City and the deve!oper. Chairperson Squires didn't read that there is a right to appeal. Mr. Hinzman stated that is the intent. The appraiser would be agreed upon by both the developer and the City, so there should be no need to go to court. Motion by Gamache, Seconded by Wells, to send this on to the City Council with the approval of the ordinance amending Ordinace No. 10, the Subdivision and Platting Ordinance of the City of Andover as drawn up by the Staff. DISCUSSION: Commissioner Wells asked that the City Attorney review the proposal before it goes to the City Council. Motion carried on a 3- Yes, 3-Absent (Ape1, Luedtke, Peek) vote. This will be placed on the August 4, 1998, City Council agenda. 8:52 p.m. DISCUSSION - ORDINANCE NO.8, SECTION 8.24, JUNK VEHICLES - DISCUSSION RELATES TO PROVIDING MORE RESTRICTIVE CONTROLS FOR REPEAT VIOLATORS , Mr. Johnson explained several residents expressed frustration at the June 16 City Council meeting regarding the City's enforcement on junk vehicles. The Council directed Staff to work with the City Attorney to draft language for stricter enforcement. He received a two-page document from the City \. ) , '- ) Regular Andover Planning and Zoning Commission Meeting Minutes - July 14, J 998 Page 8 (Discuss: Ordinance 8, Section 8.24, Junk Vehicles, Continued) Attorney, which he provided the Commissions at this time. Commissioner Wells asked why the City can't tow the cars that are repeatingly violating the ordinance. Mr. Johnson stated some cities do that, and that would be his personal recommendation. The Planning Commission needs to discuss this further and make a recommendation to the City Council. Or citations can be issued and the violators are fined a certain amount for each violation. Chairperson Squires wanted an opportunity to review the information from the City Attorney and to discuss this when more Commissioners are present. Motion by Wells, Seconded by Gamache, to table this. Motion carried on a 3- Yes, 3-Absent (Apel, Luedtke, Peek) vote. / Don Legge - stated this item has been tabled for the last four years and he wanted to be able to talk to the Commission. An appraiser has told him he's lost $20,000 in the value of his property because of the problems with junk vehicles in a neighbor's yard. He can't afford to sell. The Commission explained it would be better to present the information when more Commissioners are present so everyone has the benefit of receiving it. They are unable to make an informed decision based on the number of people present this evening. The intent is not to table it indefinitely but to put it on the next agenda, as they understood the importance ofthe issue. However, they also cautioned it may take up to several months to go through the process. Chairperson Squires suggested the item be placed first on the July 28 Agenda and ask that the City Council be present since the Planning Commission is meeting with them prior to the regular meeting that evening. He also asked Mr. Legge to give any information he has to the Staff so the Commission can receive copies ahead of time. OTHER BUSINESS Mr. Hinzman reviewed the actions taken by the City Council at the July 7 meeting. Motion by Wells, Seconded by Gamache, to adjourn. Motion carried unanimously. The meeting adjourned at 9:12 p.m. Respectfully submitted, '\'{\~l~wl- Marcella A. Peach Recording Secretary