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HomeMy WebLinkAboutJune 23, 1998 o o o CITY of ANDOVER Regular Planning and Zoning Commission Meeting - June 23, 1998 - Minutes The regularly scheduled Planning and Zoning Commission Meeting was called to order by Acting Chairman Randy Peek at 7:31 pm, Tuesday, June 23,1998 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN. Commissioners Present: Commissioners Absent: Also Present: Gamache, Apel, Peek, Wells (arrived at 7:36 pm) Squires, Luedtke Dave Carlberg, Community Development Director; John Hinzman, City Planner; others Approval of Minutes MOTION by Apel, seconded by Gamache to approve the minutes of June 9, 1998 as written. Motion carried on a 3-yes (Apel, Gamache, Peek), 3-absent (Squires, Leudtke, Wells) vote. o Public Hearing, Cont./Lot SpliWariance/697 - 141st.Lane NW . Mr. Hinzman reviewed the request of Tracy and Mike Ellis and Linda and Ken Scheneman to divide a vacant lot located between them and combine it with their respective lots. At the last meeting, the Commission had concerns relating to encroachment of structures on the east and west lot lines of the proposed parcel. City Attorney Bill Hawkins contends that the original platted lot lines still exist; however, setbacks can be established form the new property line. Structures could encroach upon the original platted lot line if a covenant is filed to combine the parcels on either side of that line so they cannot be sold separately. Ed Thurston, the County Assessor, stated that this practice is not uncommon especially in order subdivisions. The City Council in 1990 approved a request in the Winslow Hills subdivision to combine two lots and a home was built on the lot line. Easements were vacated along the interior lot lines to allow the structure to be built. Mr. Hinzman stated that staff recommends approval of the request contingent upon combination of the remnant parcels to the adjoining lots and vacation of easements along west and east lot lines of lot 4 and establishment of easements along the newly created lot line. At this time, Acting Chairman Peek opened the public hearing. No one from the audience appeared for this item. , 'l)TION by Gamache, seconded by Apel to close the public hearing. Motion carried on a 3-yes 'lleek, Apel, Gamache), 3-absent (Wells, Luedtke, Squires) vote. . ) \.- / .' \ \....) " , /'gular Planning and Zoning Commission Meeting June 23, 1998 - Minutes Page 2 (Lot SpliWariance, Cont) MOTION by Apel, seconded by Gamache to forward to the City Council the resolution prepared by staff to approve the lot split/variance request of Tracy and Mike Ellis and Linda and Ken Scheneman at 697 - 141st Lane NW. Motion carried on a 3-yes (Apel, Gamache, Peek), 3-absent (Wells, Luedtke, Squires) vote. This will be forwarded to the City Council on July 7, 1998. (Commissioner Wells arrived at this time - 7:36 pm). Public Hearing/Comprehensive Plan Amendment/Section 23/G. & C. Windschitl Mr. Hinzman reviewed the request of Gerald and Carol Windschitl for an amendment to the Comprehensive Plan to change the land use designation from RU, Residential Urban Single Family to Commercial on land owned by Ashford Development Corporation. The site is a 5.45 acre parcel which is currently a part of the Chesterton Commons preliminary plat The proposed site was originally designated for single family detached housing. Eleven lots would be . "ninated and Eagle Street would need to be relocated. The original plat would need to be "anlended to reflect these changes. The applicant has not indicated a proposed use for the development Mr. Hinzman explained that the property owners in Chesterton Commons purchased their property under the assumption that the property would be a single family development The nearest existing residential lots are 160' from the development Mr. Hinzman noted that the preliminary plat has been approved but the property has not been final platted yet Commissioner Wells questioned the proposed zoning of the property because a year ago it was R-1, then R-4 and now they are requesting that it be commercial. Mr. Hinzman explained that the developer has decided to make a change. He also noted that we would have to look at a re- configuration of the lots. Commissioner Gamache asked if 154th would come out directly across from Oak View Middle School. Mr. Hinzman stated that it would. Commissioner Gamache asked what the status of the PUD is with Mr. Hinzman stating that it is in the sketch plan stage. MOTION by Gamache, seconded by Apel to open the public hearing. Motion carried on a 4-yes (Gamache, Apel, Peek, Wells), 2-absent (Luedtke, Squires) vote. Jerry Windschitl, Ashford Development Corporation stated that it is their intention to plat single family lots, with no town homes. They will have two commercial sites - one to the north of and one site to the south. Mr. Windschitl explained that the PUD preliminary plat is almost complete. The architect has to catch up to where they are in the process. When they come in with the ."~Iiminary plat they want to have elevations and everything else ready. The PUD will contain a '.....(ail service station, day care center and office retail building. Mr. Windschitl also noted that when the original drawings for Chesterton Commons were presented, this five acre parcel was shown as commercial. They do not have a site specific purpose for the two parcels. Their first \__J , \ U , Planning and Zoning Commission Meeting \.. >e 23, 1998 - Minutes Page 3 preference would be a family restaurant on the southern parcel but because of Andover's zoning ordinance this would be impossible as a beer and wine license would not be allowed. They also looked at a medical type of facility such as a physical therapy center which would complement the clinic. Chesterton Commons will have some lots that are on permanent hold so no one can build on them. Eagle Street would be straightened out and will be located between the residential lots and the commercial lots. Commissioner Wells asked what the status is water to this site and the storm drainage. Mr. Windschitl stated that they don't have any issues on this site. The sewer and water are both adjacent to the property. Ed Hamilton, 5650 Highway 10, Ramsey asked how this property can be rezoned if the plat has not been amended yet. He also noted that there is an issue on the storm drainage between Chesterton Commons and Hamilton Square. He stated that when he developed Hamilton Square he paid for oversizing the water pipe and now Mr. Windschitl will be able to take advantage of it. Mr. Hamilton then presented material from the Coon Creek Watershed Board which states that if there is a change in the proposed land use on Chesterton Commons from , '<;idential to commercial, hydrologic data must be recalculated. \, ..1 Regarding Mr. Hamilton's question about the rezoning prior to amending the plat, Mr. Hinzman noted that a condition of the resolution prepared by staff is the an amended preliminary plat of Chesterton Commons must be approved. Winslow Holasek, 1159 Andover Boulevard - expressed concern about the storm water issue as there isn't good storm water drainage in this area. Mr. Windschitl replied that runoff calculations would have to be done at a higher runoff rate. The pond would have to be moved and it would be used as a buffer on one side. MOTION by Gamache, seconded by Wells to close the public hearing. Motion carried on a 4-yes (Wells, Gamache, Apel, Peek, 2-absent (Luedtke, Squires) vote. Dave Carlberg noted that the whole issue revolves around easements along Hanson Boulevard. The easements were not dedicated so the council denied the plat. Acting Chairman Peek stated that from general planning this makes sense because Hanson Boulevard is a main corridor: however, he felt that this may suffer from an issue of timing. We're already taking about a PUD across the street and this is being requested to be Shopping Center. Some of the permitted uses may not be appropriate because of the middle school so close. He ,,' . 't that there are more negatives than positives. '.J Commissioner Wells felt that by approving this request, the city would be opening themselves up to some major problems. She didn't feel that something like a McDonald's would be appropriate. , , '--) eJ , ....lanning and Zoning Commission Meeting , ~Jne 23, 1998 - Minutes Page 4 She also felt that with the issue between Chesterton Commons and Hamilton Square not being resolved, it would not be a good idea to approve this request. Commissioner Apel suggested that this come in as a total replat. He did, however, feel it is a good spot for commercial. Commissioner Gamache stated he would be against approval. MOTION by Peek, seconded by Gamache to forward to the City Council a resolution denying an amendment to the Comprehensive Land Use Plan to change the land use district designation from Residential Urban Single Family to Commercial for Gerald and Carol Windschitl on property owned by Ashford Development as prepared by City Staff noting that it was the opinion of the Planning and Zoning Commission that this proposal was not consistent with the current Comprehensive Plan and that the Commission funds it will have a detrimental affect on the health, safety and general welfare of the city. . M~tion carried on a 4-yes (Wells, Apel, Gamache, Peek), 2-absent (Squires, Luedtke) vote. This '_'.01 go before the City Council on July 7, 1998. Public Hearing/Rezone from R-4 to C, Section 23/Gerald Windschitl Mr. Hinzman explained that because this item is contingent upon the previous item being approved, it would not be appropriate to fully discuss it; however, since a public hearing was advertised it should be acted upon. Acting Chairman Peek opened the public hearing. MOTION by Gamache, seconded by Wells to close the public hearing. Motion carried. MOTION by Wells, seconded by Gamache to forward to the City Council denial of the rezoning request of Gerald Windschitl. Motion carried on a 4-yes (Apel, Gamache, Peek, Wells), 2-absent (Squires, Luedtke) vote. This will go to the City Council on July 7, 1998. Amended Special Use Permit/Bulk Storage of Liquid Fue/s/3118-162nd Lane/Ace Solid Waste - \ Hinzman reviewed the request of Ace Solid Waste to replace a 3000 gallon underground '-- / storage tank with a 10,000 gallon underground storage tank on their property at 3118 - 162nd Lane NW. The property is zoned Industrial and the surrounding land uses are also Industrial. The original tank was installed in the 1970's and federal regulations now require that all tanks Planning and Zoning Commission Meeting o (-> Planning and Zoning Commission Meeting ~'ne 23, 1998 - Minutes Page 5 (ASUP/Ace Solid Waste, Cont.) constructed before 1980 have additional protection to prevent rusting. The new tank would be located in a fenced storage area near the main building. He also noted that the nearest residential dwelling is over 700 feet from the site. Staff recommends approval with the conditions that the applicant provide to the city proof that the tanks meet all State and Federal requirements and installation regulations, that the Andover Fire Marshal inspect the tank, that the Amended Special Use Permit be subject to a sunset clause and that it be subject to annual review. Acting Chairman Peek asked if the state regulates any soil contamination from spillage. Mr. Hinzman noted that it does. Denny Fredrickson, Ace Solid Waste - explained that Federal regulations require that they pull the old tanks out. They have been cleaning up their area for the last five years and that they would be required to clean up any contaminated soil. MOTION by Gamache, seconded by Wells to close the public hearing. Motion carried. . )TION by Gamache. seconded by Wells to forward to the City Council a resolution prepared , uy staff recommending approval of an amended special use permit requested by Ace Solid Waste for the installation of bulk storage liquid fuels at 3118 - 162nd Lane NW. Motion carried on a 4-yes (Wells, Apel, Gamache, Peek), 2-absent (Luedtke, Squires) vote. This will go to the City Council on July 7, 1998. Amended Special Use Permit/Bulk Storage of Liquid Fuels/15421 Round Lake Boulevard/Ed Fields and Sons Mr. Hinzman reviewed the request of Ed Fields and Sons to replace four 10,000 gallon underground storage tanks with three 12,000 gallon underground storage tanks at 15421 Round Lake Boulevard. The property is zoned R-1 and all adjacent properties are R-1. The tanks would be located near a machine shop and parking lot. The nearest residential dwelling is owned by the Fields family. Staff recommends approval with the conditions that the applicant provide to the city proof that the tanks meet all State and Federal requirement s and installation regulations, that it be inspected by the Andover Fire Marshal, that it be subject to a sunset clause and the amended special use permit be subject to annual review. Acting Chairman Peek opened the public hearing. ~r Jepresentative of the tank manufacturer explained that everything they are doing is state and federal approved. J ~j Planning and Zoning Commission Meeting - .....ne 23, 1998 - Minutes , I r'age 6 MOTION by Gamache, seconded by Apel to close the public hearing. Motion carried. MOTION by Gamache, seconded by Apel to forward to the City Council a resolution approving the amended special use permit requested by Ed Fields and Sons for the bulk storage of liquid fuels on property located at 15421 Round Lake Boulevard NW. Motion carried on a 4-yes (Wells, Apel, Gamache, Peek), 2-absent (Luedtke, Squires) vote. This will go to the City Council on July 7,1998. Public Hearing/Special Use Permit/Andover Family Fun Fest/1685 Crosstown Boulevard Mr. Carlberg reviewed the request of the city to conduct its annual Family Fun Fest, July 17-19 on the property at 1685 Crosstown Boulevard. The reason for this application is that Ordinance 8, Section 5.03, Special Uses, states that certain uses, while generally not suitable in a particular zoning district, may, under some circumstances be suitable. When such circumstances exist, a Special Use Permit may be granted. Acting Chairman Peek opened the public hearing. No one appeared for this item. \ , '.,IOTION by Wells, seconded by Gamache to close the public hearing. Motion carried. Acting Chairman Peek asked that the hours of operation be added to the resolution. MOTION by Wells, seconded by Gamache to forward to the City Council a resolution approving a Special Use Permit for the Andover Family Fun Fest, July 17-19, 1998 with the addition of the hours being 8:00 am to 10:30 pm. Motion carried on a 4-yes (Gamache, Wells, Apel, Peek), 2- absent (Squires, Luedtke) vote. This will go to the City Council on July 7, 1998. Public Hearing/Special use PermiWariance/Relocation of Principal Structure & Allowing Temporarily Two Principal Structures at 1928 - 167th Avenue Mr. Carlberg reviewed the request of Robert and Yvonne Hillman to move a single family home onto the property at 1928 - 167th Avenue, which is 10 acres in size. The home is a 1400 square foot rambler which is now in Golden Valley. Dave Almgren, the City Building Official, has conducted an inspection of the home and he noted that the home is structurally sound. There are, however, a few minor code issues that will be resolved once the structure is moved into Andover. The relocated dwelling will be placed to the west of the existing home. A variance is _/ "'!so being requested that will allow the owners to remain in the existing house while they ,__,'model the relocated structure. The existing home will then be razed or removed from the property no later than 60 days after the Certificate of Occupancy is issued. He noted that one call was received from a neighbor who is concerned that trees may be damaged when the house ~J CJ , )nning and Zoning Commission Meeting June 23, 1998 - Minutes Page 7 (SUP/Hillman, Cont.) is moved along the street. Mr. Almgren viewed the area and stated there will be minimal tree damage. Acting Chairman Peek questioned the timeframe, noting that the building permit is good for one year and then they will have an additional 60 days to remove the existing house. Acting Chairman Peek opened the public hearing. Robert Hillman, 1928-167th Avenue NW - stated that they will try to follow all city regulations. They feel that the relocated home will be an upgrade and he is confident that it will be done correctly. They plan to have the house on the foundation within a month. Mr. Peek suggested that we should given them 6 months to get everything done. Commissioner Apel didn't think we should limit the time as when a new house is built, the timeframe is longer than six months. - , 'commissioner Wells asked about the septic system and well. Mr. Hillman noted that they will have a totally new septic system and well and the old septic system will be removed and the well capped. Dave Almgren, City Building Official, didn't think that a six month time limit should be imposed. The building permit can be controlled. One of the provisions of a building permit is that some work must be done every 120 days or the permit needs to be renewed. Resident of 2347 - 167th Avenue asked if the people along the moving route will be notified of the time and date of the move. She also noted that 167th Avenue is a sand street and asked if it will need to be reworked in order to move the house in. Mr. Carlberg explained that the date and time of the move will be determined by the mover and the county. He stated that the city can notify the residents of the date and time. MOTION by Gamache, seconded by Wells to close the public hearing. Motion carried. MOTION by Peek, seconded by Gamache to forward to the City Council a resolution granting the relocation of a principal structure and to allow the existing principal structure to remain until such time as a certificate of occupancy is issued for the relocated structure. Motion carried on a 4-yes -" 'Iells, Apel, Gamache, Peek), 2-absent (Squires, Luedtke) vote. This will go to the City Council 'vll July 7, 1998. , \ , I ~/ . ) '--.- '\ j Planning and Zoning Commission Meeting June 23, 1998 - Minutes Page 8 Public Hearing/Special Use Permit/Construct Antennae in Excess of 35 Feet/US West Wireless Commissioner Wells stepped down for this discussion as she is an employee of US West. Mr. Carlberg reviewed the request of US West Wireless to construct a wireless communications facility at 1786 Bunker Lake Boulevard. Ordinance 113 regulates the construction and maintenance of private and commercial antennas and towers and requires a special use permit for a tower/antenna in excess of 35 feet. Landscaping and screening are also required. US West Wireless plans to enter into a lease agreement with the property owner of the site. Acting Chairman Peek asked how this fits with the redevelopment of this area. Mr. Carlberg noted that the area the city is developing is to the west of this property. He stated there may be other areas where this would be more appropriate but that has not been discussed with the applicant. Acting Chairman Peek opened the public hearing. . "- . I \.~cott Hoelscher, US West Wireless explained that they have a site in Coon Rapids for another tower and in order to maintain seamless coverage, this tower must remain where it is being proposed. MOTION by Apel, seconded by Gamache to close the public hearing. Motion carried. MOTION by Apel, seconded by Gamache to forward to the City Council a resolution approving the request of US West Wireless for a special use permit to construct a wireless communication facility at 1786 Bunker Lake Boulevard. Motion carried on a 3-yes (Apel, Peek, Gamache)2- absent (Squires, Luedtke), 1-abstain (Wells) vote. This will go to the City Council on July 7, 1998. Public Hearing/Preliminary Plat/Langfeld's Oakridge Estates Mr. Carlberg reviewed the request for approval of the preliminary plat of Langfeld's Oakridge Estates. The property is currently zoned R-1, Single Family Rural. It is within the future Metropolitan Urban Service Area scheduled for development in the 2010-2015 timeframe. However, the project is proposed to be served by private individual wells and septic systems. Six single family residential lots are proposed. Variances being requested include a variance to i - -dinance 10, Section 9.06G to allow the existing driveway to remain accessing CSAH 20. The " "Idover Review Committee is recommending that the driveway access be eliminated and relocated to the proposed Raven Street. The Anoka County Highway Department is also recommending elimination of the existing access to County Road 20. The county has also indicated that an additional 1 0 feet of right-of-way needs to be dedicated north of the centerline ~- ) ( ) '-- '____inning and Zoning Commission Meeting June 23, 1998 - Minutes Page 9 (Preliminary PlatlLangfeld's Oakridge Estates, Cont.) of County Road 30 for a total of 60 feet. This has been shown on the preliminary plat. A variance of approximately 24 feet is also being requested for lot width for Lot 1, Slock 1. A variance to Ordinance 10, Section 9.03G is requested as the cul-de-sac length exceeds the 500 foot requirement on Raven Street and 161st Lane. Mr. Carlberg noted that two additional variances are required - Lot 4, Slock 1 would require a variance for lot width and Lot 1, Slock 1 would require a variance for lot area. The Park and Recreation Commission will be reviewing the plat at their July 2nd meeting at which time they will be recommending cash in lieu of land. Acting Chairman Peek opened the public hearing. Esther Haas, 2109 - 161 st Avenue stated that she has several items of concern. The first pertains to drainage - her lot drains to the northeast corner and she is concerned that when the road is built, the water will drain into her lot. She also asked if this plat will affect her well and septic system. " ~3d Gusk, 2149 - 161st Avenue expressed concern with the existing pine trees and what will become of them when the road is built. Dale Kratochwill, 16041 Quinn Street NW noted that this area is becoming more congested and nothing is being done to alleviate the traffic. He also noted that there is a deaf child in the area. Kim Wolff, 16048 Quinn Street NW stated that the way the new street is proposed, the lights from the cars will be shining in their back yard which will diminish the enjoyment of their property and will also decrease their property value. Jeff Caine, Caine and Associates - explained that everything from this plat will drain to the west which would improve Ms. Haas' property. They are taking great care to protect the trees that are on the property. Regarding the relocation of the existing driveway, Mr. Caine noted that there are some very large mature trees in the new location that would be lost. Commissioner Wells asked whether soil borings had been done. Mr. Caine noted they have been. Kim Wolff asked how the safety of the children and the lack of their privacy will be addressed. The Commission did not respond. .' DTION by Wells, seconded by Gamache to close the public hearing. Motion carried. ',_~I MOTION by Apel, seconded by Wells to forward to the City Council a resolution approving the preliminary plat of Langfeld's Oakridge Estates by Willis Langfeld as presented by staff with the .- , \,- ) f \ , '.-,anning and Zoning Commission Meeting June 23, 1998 - Minutes Page 10 additional variance to Ordinance 8, Section 6.02, lot area, for Lot 1, Slock 1, a variance of .03 acres. Motion carried on a 3-yes (Wells, Apel, Peek), 1-no (Gamache), 2-absent (Squires, Luedtke) vote. This will go to the City Council on July 7, 1998. Other Business Mr. Hinzman updated the Commission on previous City Council action: Pov's Noise - this will probably come back to the Planning Commission to amend the ordinance to reflect the PCA noise standards. Slow-No Wake Ordinance - The City of Ramsey is looking at establishing only one zone to the so uth. ./'lint Meeting With City Council- this is scheduled for July 28th. '-"' Planning Commission Search - There are two applicants. The City Council will appoint one of them at their July 7th meeting. MOTION by Apel, seconded by Gamache to adjourn. Motion carried. The meeting adjourned at 10:00 pm. Respectfully submitted, u.(/~ Vicki Volk Acting Recording Secretary : " -J