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HomeMy WebLinkAboutApril 22, 1997 o o o u o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 Andover Planning and Zoning Commission Meeting Agenda April 22, 1997 Andover City Hall 7:00 p.m. 1. Callto Order 2. Approval of Minutes - April 8, 1997 3. Public Hearing: Special Use Pennit (ASUP 97-07) - Antennae in Excess of Thirty Five Feet (35') - 1717 Crosstown Boulevard NW - Nextel Communications. 4. Public Hearing: Special Use Pennit (97-08) - Planned Unit Development - Nightingale Preserve - Nightingale Partners, LLP. 5. Public Hearing: Preliminary Plat - Nightingale Preserve - Section 15 - Nightingale Partners, LLP. 6. Ordinance Review: Ordinance No. 36, Interim Ordinance Regulating Land Development Ordinance No. 40, Lot Split Ordinance Ordinance No. 41, Industrial User Strength Charge Ordinance Ordinance No. 42, Volunteer Fire Department Ordinance Ordinance No. 44, Auto Recycling Ordinance 7. Other Business 8. Adjournment " \ / () u ,- .. . I \----- CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - APRIL 22, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Randy Peek on April 22, 1997, 7:05 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Lynnette Barry, Mike Gamache, Jeff Luedtke, Jay Squires Lorna Wells City Assistant Engineer, Todd Haas City Planning, Jeff Johnson Community Development Director, Dave Carlberg Others Commissioner absent: Also present: APPROVAL. OF MINUTES April 8, 1997: Pg 1, Public Hearing, change "Mr. Carlberg reviewed..." to "Mr. Johnson reviewed..." Page 3, 3rd paragraph from bottom, add "MOTION by Luedtke" u MOTION by Luedtke, Seconded by Gamache, approval of the Minutes as amended. Motion carried on a 6-Yes, I-Absent (Wells) vote. PUBLIC HEARING: SPECIAL USE PERMIT - ANTENNAE IN EXCESS OF 35 FEET _ 1717 CROSSTOWN BOULEVARD NW - NEXTEL COMMUNICATIONS 7:07 p.m. Mr. Johnson reviewed the request of Nextel Communications to erect three OMNI (whip antennas) on top of the existing water tower at 1717 Crosstown Boulevard'NW. The antenna height would be approximately 15 feetabove the water tower, totalling 184 feet from ground level. They will also enter into a lease agreement with the City of Andover to lease approximately 140 to 150 square feet inside the tower to store wireless communications equipment. The initial request was to lease about 240 square feet; however, Staff is researching how to assign that lease area to maximize its use to be able to accommodate future potential requests to lease area inside the water tower. The City has issued a permit to APT approximately a month ago to install their antennas atop the water tower. Staff is recommending approval. MOTION by Luedtke, Seconded by Barry, to open the public hearing. Motion carried on a 6-Yes, I-Absent (Wells) vote. 7:11 p.m. There was no public testimony. (J MOTION by Luedtke, Seconded by Barry, to close the public hearing. Motion carried unanimously. 7:11 p.m. MOTION by Squires, Seconded by Gamache, to recommend to the City Council approval of the Special Use Permit on the condition an acceptable lease agreement is consummated in the City with Nextel Communications. Motion carried on a 6-Yes, I-Absent (Wells) vote. This will be placed on the May 6, 1997, City Counc~l agenda. 7:14 p.m. " / , , , ) , o Regular Andover Planning and Zoning Commission Meeting '\ Minutes - April 22, 1997 I Page 2 PUBLIC HEARING: SPECIAL USE PERMIT PLANNED UNIT DEVELOPMENT NIGHTINGALE PRESERVE - NIGHTINGALE PARTNERS, LLP 7:14 p.m. Mr. Carlberg reviewed the request of Nightingale Partners, LLP for a Planned Unit Development to develop a 38.6-acre single family rural development to be known as Nightingale Preserve. Eleven single family rural residential lots are being proposed that range in size from 1.04 to 2.7 acres. No density increase is being requested on this parcel. Variances would be required for lot areas, lot widths and on several 150x150-foot building pads. The developer is proposing a common open space area which will be controlled by a homeowners' association. He thought this was the first situation where the open space will be controlled by a homeowners' association which is associated with a POD. The City will be reviewing the provisions relating to the maintenance of all common property and the open space, which must then be approved by the City Council. The intent is to keep the open space natural. Mr. Carlberg also explained that this item was before the Planning Commission and City Council in 1995, and the Council recommended the development of this parcel as a POD rather than the standard of 2.5-acre parcels. The northwest portion of the property is buildable, but it will become part of the common open area. I MOTION by Luedtke, Seconded by Gamache, to open the public hearing. Motion carried on a 6-Yes, 1-Absent (Wells) vote. 7:28 p.m. Tonv Howard, 2119 156th Avenue. Wittinqton Ridqe - asked if the lowland is a designated wetland by the DNR. Staff explained it is a designated wetland but not regulated by the DNR. Permits are still needed before the wetland can be disturbed. Mr. Howard asked why the clustering of the homes would ensure protection of the wetland. Why can't these be 2 1/2-acre lots. Mr. Carlberg reviewed the background relating to the development of this property and the Council's direction for clustered housing on this parcel. Mr. Howard - asked what will stop someone from developing the open space at some time in the future. Mr. Carlberg explained the by-laws and covenants will state that the open space area is to be preserved, and the City Attorney will be reviewing those documents. The open space would be private property for the use by the members of the homeowners' association only. Jerrv Windschitl. Ashford Development - stated if the open space is for private use only, what is the public benefit for allowing the POD. Commissioner Apel stated this is being designed from an ecological standpoint. The clustered housing preserves the open spaces for ecological reasons. Because the City doesn't want the liability and upkeep of all the open spaces, the clustering provides the ability to create the open spaces and have it remain under private ownership. In the past those wetlands would have been incorporated into the lots in the plat. In this case, the clustering is a more sensible development , / '--) Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 1997 Page 3 (Public Hearing: Special Use Permit - POO, Nightingale Preserve, Cont.) which benefits everybody. Mr. Carlberg stated the public benefit may need to be looked at more closely when density increases are involved. In this case there is no density increase. Commissioner Squires did not think the City should automatically be granting PUDs in situations where there are natural constraints anyway. He felt Mr. Windschitl's question has merit. PUDs should be a consideration when the City is willing to live with smaller lots because something is coming out of it that they would not otherwise get. He felt that is the case in this situation, but he could also foresee a situation where a developer with wetland on the property simply wanting a density increase because half of the property is wetland and open space. There should be no density increase just because of wetland. He also felt Commissioner Apel's point is valid. If it is important to have open spaces and to avoid City ownership, then the City has to live with the smaller lots. , I I Mr. Windschitl - stated if this was done properly and coordinated with the Park Board, that property and its amenities could be used by the entire surrounding area. That parcel could be turned into very, very nice amenities of picnic areas and trails without major destruction to the environment. If it were public or semi-public, it would benefit many more people. There would be access from the north and the south if 157th Lane were extended and the other streets constructed to meet it. He felt it is something that should be talked about. Mr. Carlberg again noted there is no density increase, which is why he felt this the open space is not being looked at for improvements. Commissioner Peek asked about meeting the requirements for on-site septic systems. Mr. Carlberg stated the developer has shown that it can meet the requirements for both the primary and secondary areas for the septic system. There are no lots smaller than one acre. MOTION by Luedtke, Seconded by Barry, to close the public hearing. Motion carried on a 6-Yes, I-Absent (Wells) vote. 7:47 p.m. The Commission generally agreed that this type of development was recommended from early on and that the plan appears to be the best option to develop this parcel. MOTION by Barry, Seconded by Gamache, to forward to the City Council the approval of the Special Use Permit for the Planned Unit Development of Nightingale Partners, LLP as presented by Staff. Motion carried on a 6- Yes, I-Absent (Wells) vote. This will be on the May 6, 1997, City Council agenda. 7:50 p.m. PUBLIC HEARING: PRELIMINARY PLAT - NIGHTINGALE PRESERVE - SECTION 15 - NIGHTINGALE PARTNERS, LLP I ) 7:50 p.m. Mr. Carlberg reviewed the proposed preliminary plat for the Planned Unit Development of Nightingale Preserve which consists of 11 single family residential lots. He noted the variances for lot areas and lot widths as a part of the PUD, the variance for the length of the J /. \ 'J Regular Andover Planning and Zoning Commission Meeting \ Minutes - April 22, 1997 ) Page 4 (Public Hearing: Preliminary Plat, Nightingale Preserve, Cont.) permanent cul-de-sac on'157th Lane, and the variances to the minimum width of 150 feet and minimum depth of 150 feet of buildable area for the lots. In addition, the developer has requested using an alternative to the mottled soil elevation. Braun Intertec has recommended the proposed highest anticipated water table be verified by installing_ piezometers and monitoring them over a period of time. The City Engineering Department has also recommended that prior to any footing inspections, a geotechnical engineer certify that the lowest floor have at least a three-foot separation above the highest anticipated water table. The Andover Review Committee is recommending that 157th Lane NW be constructed to the western property line of the plat to allow for the future extension of the street. Raven Street NW at the southwestern edge of this plat is intended to connect with 157th Lane in the future. Commissioner Apel felt that gives further credit to Mr. Windschitl's proposal that the open space area should be a public park because there will be access from several areas. He felt that issue should be brought to the City Council's attention. Mr. Carlberg thought the Park Board is going to be recommending cash in lieu of land in this area, but they will be discussing the issue at their May 1 meeting. Mike Muske, Nightingale Partners, LLP, stated they will try to save as \ many trees as they can. They have minimized the street grading so all ) grading will be within the right of way. The street grading will be as close to the natural grade as they can. The existing garage to the north will be removed. The driveway to Nightingale will be moved to come off 157th Lane. Mr. Haas stated the developer has hired a geotechnical engineering firm to investigate the site. The City has hired a different geotechnical firm to review the reports, plus a geotechnical engineer will be asked to certify that the footings meet the ordinance requirements for each lot. MOTION by Barry, Seconded by Luedtke, to open the public hearing. Motion carried on a 6-Yes, 1-Absent (Wells) vote. 8:10 p.m Tonv Howard. 2119 156th Avenue had a problem with the proposed drainage. As proposed, the drainage will eventually flow to his project area, Wittington Ridge. That is adding water to their project and ditches that wouldn't be there otherwise. Why isn't the water drained to their own pond and then back to the open space instead into the ditches in his project. Lots 1 and 2 in Wittington Ridge are going to get flooded by this additional water which is being diverted there. Mr. Haas stated the area just south of this development has a drainage and utility easement. The ditch has been cleaned and goes into the pipe under the road and eventually to Ditch 37. The water drainage as proposed meets the City's Water Resources Plan which requires that the J pre-development and post-development water rates remain the same. The Coon Creek Watershed is reviewing this pla~, and the developers are going to have to satisfy their requirements before a permit is issued.- , I \J ') v Regular Andover Planning and Zoning Commission Meeting \ Minutes - April 22, 1997 Page 5 (Public Hearing: Preliminary Plat, Nightingale Preserve, Cont.) Jerrv Windschitl. Ashford Development - stated this is worse than he thought because he did not realize that the pond was also being diverted to drain through Wittington Ridge. The City has never allowed a developer to dump water into an adjacent development; but that is what is being done here. The ditch being referred to is a private ditch, not public. Also, in the past the City has not allowed a developer to redirect drainage from one area to another, which is is what is being done from the north cul-de-sac and the pond. The size of the pond as_ proposed allows only one foot of bounce, which is not enough and means there will be water in back yards. Plus he speculated it means there is going to be water in the back yards of the two lots in Wittington Ridge. He argued a portion of the water does have the right to drain south, but the issue is with that water which naturally drains north that is now being diverted to the south. He stated a simple solution would be to direct the water from that cul-de-sac area to Outlot A or to develop Outlot A into a larger basin or make it a holding pond. He argued just because there is a drainage and utility easement doesn't give someone the right to use it if there weren't natural rights to it in the first place. He stated the proposal clearly is a detriment to adjoining property owners. I Mr. Haas stated it is a.designated wetland on the plat even though it appears to be dry now. The City has the right to drain water into that easement. The developer can do what he wants as long as the requirements of the Water Resources Management Plan are met. The consulting engineer and City Engineering Department have reviewed this and feel those requirements have been met. The Watershed will evaluate it and will issue the permit when they feel the requirements are satisfied. Mike Muske. Niqhtinqale Partners - stated they do meet the Watershed requirements. They are not dispensing more water than normal. There is a public easement that goes to this plat and down to the county ditch. Those easements can be used as long as the water isn't draining on private property. Mr. Windschitl argued that clearly water is draining on private property in Wittington Ridge. They are arguing about the water that is being diverted through this system and having only one foot of bounce on the pond. After further discussion with Mr. Windschitl and Mr. Howard, the Commission felt the issue will not be resolved this evening. It was suggested the Staff meet with the developer, Mr. Windschitl and Mr. Howard and possibly the Watershed on this issue prior to City Council action on this plat. Mr. Howard - was opposed to extending 157th Lane to the plat boundary. ) He purchased his lot in Wittington Ridge on a cul-de-sac. If Raven Street and 157th connect, it will mean much more traffic. And if the open space is available to the public, that too creates more traffic. He is very concerned about that. Mr. Haas explained that Raven Street was specifically constructed with the intent of extending it north in the .'- j " .-J Regular Andover Planning. and Zoning Commission Meeting \ Minutes - April 22, 1997 j Page 6 (Public Hearing: Preliminary Plat, Nightingale Preserve, Cont.) future for better traffic circulation. The Comprehensive Park Plan does call for a neighborhood park in this general area, but he doesn't know if the Park Board will be considering one for this plat or not. He suggested Mr. Howard attend the Park Board meeting regarding the park issue. Mr. Carlberg' again explained the Review Committee is recommending Raven Street and 157th be connected at some time in the future for public safety. Mr. Howard - asked about the water table and septic systems. Will they all be mound systems? He would also like to be included in the meeting on the drainage. Mr. Haas stated the standard septic systems are being proposed, not mound systems. Mr. Muske stated they will be taking soil borings again, which will tell them the highest water level. After further discussion with Mr. Windschitl and Mr. Howard, the Commission felt the issue will not be resolved this evening. It was again suggested the Staff meet with Mr. Windschitl and Mr. Howard and possibly the Watershed on this issue prior to City Council action on this plat. MOTION by Luedtke, Seconded by Gamache, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Wells) vote. 8:44 p.m. Commissioner Apel agreed with the Andover Review Committee's recommendation to extend 157th Lane to the plat boundary. Commissioner Gamache also agreed with extending 157th Lane to the plat boundary with the intent that Raven Street would eventually be connected to it. That would provide another outlet for Wittington Ridge and provide a good traffic pattern. However, he did not think Swallow Street from the north should be connected. He felt that would mean three developments merging, which creates a lot of traffic and which he didn't feel is necessary. Commissioner Squires noted any extension from the north is a minimum of eight years away because of the agricultural designation. He too agreed with extending 157th Lane to the plat boundary to provide the option for a possible connection with Raven in the future. Commissioner Barry asked about the natural gas pipe line easement. Mr. Carlberg stated that easement has been taken into consideration of the pads and septic system areas. MOTION by Gamache, Seconded by Luedtke, that we pass on to the City Council a Resolution approving the preliminary plat of the PUD of Nightingale Preserve with an agreement that 157th Lane would be developed to the end of the property line with a temporary cul-de-sac. That all the issues brought up this evening would be addressed and all that information passed on to the City Council, and forward the Staff prepared solution. Motion carried on a 6-Yes, 1-Absent (Wells) vote. I This will be placed on the May 6, 1997, City Council agenda. 9:00 p.m. '- / '-j Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 1997 .J Page 7 ORDINANCE REVIEW - ORDINANCE NO. 36, INTERIM ORDINANCE REGULATING LAND DEVELOPMENT Mr. Johnson stated this ordinance is no longer needed and will be repealed. ORDINANCE REVIEW - ORDINANCE NO. 40, LOT SPLIT ORDINANCE Mr. Johnson stated this will be incorporated into Subdivision Ordinance as is done in most communities. effect and be brought back at a later date. the Platting and It will remain in ORDINANCE REVIEW ORDINANCE ORDINANCE 41, INDUSTRIAL USER STRENGTH CHARGE Mr. Johnson stated the City Engineer and Building Official have reviewed- the ordinance. Currently it does not apply to the City, but they will be checking with the Metropolitan Council to see if there are circumstances where it would apply in the future. This ordinance will most likely just remain in effect as is. / ORDINANCE REVIEW - ORDINANCE 42, VOLUNTEER FIRE DEPARTMENT ORDINANCE Mr. Johnson stated the Fire Chief has updated the by-laws of the Fire Department and will be working on an update of the ordinance. ORDINANCE REVIEW - ORDINANCE 44, AUTO RECYCLING ORDINANCE Mr. Johnson stated it appears there will be only one auto recycling yard operating in the City. The ordinance will be reviewed to be sure it falls in line in terms of screening and other requirements. OTHER BUSINESS Mr. Carlberg reviewed the actions taken by the City Council at their April 18, 1997, meeting. MOTION by Luedtke, Seconded by Apel, to adj ourn. Motion carried on a 6- Yes, 1-Absent (Wells) vote. The meeting adjourned at 9:04 p.m. / - ,RespectfullY'SU~ '\~pe~~~~ng Secretary