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HomeMy WebLinkAboutFebruary 25, 1997 '\ ',J ~) o o o CITY of ANDOVER Andover Planning and Zoning Commission Meeting Agenda February 25, 1997 Oak View Middle School 7:00 p.m. 1. Call to Order 2. Approval of Minutes - February 11, 1997 3. Public Hearing: Special Use Permit (SUP 97-02) - Planned Unit Development - Timber River Estates - Section 12, Township 32, Range 25 - Woodland Development Corporation. 4. Public Hearing: Preliminary Plat - Timber River Estates - Section 12, Township 32, Range 25 -Woodland Development Corporation. 5. Public Hearing: Special Use Permit (SUP 97-03) - Retail Trade and Services (Retail Landscaping Supply & Contracting Business) - 13540 Hanson Boulevard NW - Chris Beberg and John Skogman. 6. Public Hearing: Amend Comprehensive Plan/Land Use PlanJDistrict - Amendment Related to Senior Housing Proposal - Adolfson & PetersonlPresbyterian Homes of Minnesota. 7. Ordinance Review: Ordinance No. 206, Licensing of Contractors Ordinance No. 207, Regulating and Keeping of Equines Ordinance No. 209, Providing Salaries of the Mayor & Council Members Ordinance No. 211, Abolish the Position of City Clerk/Treasurer and Creating the Position of City Clerk and City Treasurer Ordinance No. 212, Street Name Changes 8. Other Business 9. Adjournment r- '. U () :-J CITY of ANDOVER ANNING AND ZONING COMMISSION MEETING - FEBRUARY 25, 1997 MINUTES The Regular Meeting of the Andover Planning and Zoning Commission was called to order by Chairman Randy Peek at 7:00 pm, Tuesday, February 25, 1997 at the Oak View Middle School, 15400 Hanson Boulevard NW, Andover, MN. Commissioners Present: Apel, Barry, Leudtke, Squires, Wells, Gamache (arrived at 7:10 pm) Also Present: David Carlberg, Community Development Director; Jeff Johnson, Zoning Administrator; John Hinzman, City Planner; Todd Haas, Assistant City Engineer; Others , '\ o Approval of Minutes February 11, 1997 - Mr. Carlberg asked that on page 4, the second paragraph, it should read" ..last week" rather than last year. Motion by Leudtke, seconded by Barry to approve the minutes of February 11, 1997 as corrected. Motion carried unanimously. Public Hearing-Special Use Permit - Planned Unit Development - Timber River Estates 1- '\ V Mr. Carlberg explained that the property to be developed is located in Section 25, Township 32, Range 25. A Planned Unit Development allows residential subdivisions submitted under density zoning provisions, multi-use structures such as apartment buildings with retail at ground floor level, commercial and industrial developments, mixed residential and commercial developments and similar projects. Density zoning permits lower density standards under conditions whereby the number of dwelling units permitted is not greater than permitted by the application of the regular provisions of the zoning district. All land excluded from the lot area requirements would be added onto public or semi-public open space. Single family homes may be excluded from lot area and setback requirements provided a Special Use Permit is issued. The City Council ,. . / ~ 1 '--./ -'-.) Regular Planning & Zoning Commission Meeting , .i February 15, 1997 - Minutes Page 2 may require all land excluded from the lot area to remain in private ownership. Mr. Carlberg noted that the purpose of the Planned Unit Development, governed under Ordinance 112, is to provide for and permit flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities. The proposed plat consists of 183 acres with 79 single family rural residential lots. Lot sizes range from 1 acre to 8.85 acres with an average lot size of 3.55 acres. The riparian lots on the Rum River are a minimum of 4 acres in size as required by Ordinance 52, the Scenic River Ordinance. He noted that the proposed PUD provides for a density increase of 20% above the zoning district requirement. Mr. Carlberg stated that one of the issues is the connection of Argon Street to the south. During the sketch plan the connection was removed as part of the public process. There was a petition submitted which indicated that the neighbors to the south do not want to see that connection. The Fire Department had requested that the connection be made for safety reasons. .J Commissioner Wells stated that it was her understanding that a variance would be required for acreage. Mr. Carlberg explained that variances are being requested for lot area and lot width requirements. Byron Westlund, Woodland Development Corporation stated that this was submitted as a sketch plan almost a year ago and Council reviewed it in May 1996. During that time Ordinance 102 was amended and approved. Woodland Development has done its best to follow that ordinance. He noted that it's their intent that the outlots will be fully developed, preserving the natural amenities of the land. He stated that the number of lots has changed from 85 lots on the sketch plan to the 79 lots on the preliminary plat. In exchange for density it is their plan to improve the park area in the southern part of the plat with a soccer field or baseball field, a fishing pier, walking trails and picnic shelters. Outlot B is a wetland that will be an unimproved park area with observation blinds. Outlot A is detention ponding with walking trails and benches around it. The plat will have restrictions and covenants such as architectural standards and a minimum square footage for the homes. There will be brick entry signs on each side of the street entering the plat. , ) , / , ) Regular Planning & Zoning Commission Meeting February 25, 1997 - Minutes Page 3 MOTION by Wells, seconded by Barry to open the public hearing. Motion carried unanimously. Bill Cow, 16515 Argon Street NW stated that the sign in the field said there were over 100 lots in the plat. Mr Westlund noted that there is no indication of the number of lots on the sign. It only says that it's the site of a future development. Barbara Cow, 16515 Argon Street NW presented several letters from neighbors expressing opposition to the extension of Argon Street. Bob Stratton, 16566 Argon Street NW asked if Argon Street is still an issue. Commissioner Apel noted that it is not shown on the plat at this time. Ed Wilson, 16831 Argon Street NW asked what is happening to the water as they don't want a problem like they had in the past. He also asked for more information on the proposed park. Chairman Peek explained that the water management will be addressed during the preliminary plat discussion. Ernie pfannschmidt, 1710 - 3rd Avenue South, Anoka stated that this property has been in his family for three generations and when the plat is finished he plans to move there. He can't understand why the process takes so long. He felt that the wetland adds to the quality of the property. He also stated that the area to the south had water problems because when the street was constructed no culverts were installed. Cary Ladyka, 16360 Zuni Street NW asked if it was the Fire Department's idea to extend Argon Street and what benefit it is to them. He said that with 80 houses going in there, there will be 80 - 120 additional cars going down the street. Bob Stratton felt that County Road 7 would be a much safer route for the Fire Department to take. Irwin Russell, 16850 Argon Street NW suggested that one of the streets could be a straight road out of the plat rather then extending Argon Street. He noted that it is easier to plow a straight road and easier for an emergency vehicle to get in and out. / , , ".J \...) / Regular Planning and Zoning Commission Meeting February 25, 1997 - Minutes Page 4 Ernie pfannschmidt stated that straight roads are not possible when the topography is what it is; you have to skirt the wetland. Mr. Carlberg reminded the Commission that discussion on Argon Street would be discussed during the next item and they should be discussing the variances to the zoning ordinance. Tim Sturgeon, 16555 Yakima Street NW noted that his concern is that Argon created a dam setup and they ended up with four to six inches of water. He wanted the developer to make sure that they are getting good planning for drainage. J Byron Westlund stated that regarding the park issue, there will be a neighborhood community park in the southwest part of the plat. There are trails to different areas within the subdivision. Within the park area there will be a tot lot, picnic tables and barbecues, and a canoe resting area. Most of the storm water will be directed to the ponding area where it will be retained. Frank Skubitz, 16648 Maniteau Boulevard - didn't feel a park was necessary in this area as there is an Anoka County park about a half mile away. Byron Westlund explained that the Comprehensive Plan indicates some type of neighborhood park in this area. Carol Dixon, 16434 Zuni Street NW asked who is responsible for the upkeep of the outlots and if this plat will be developed in phases. Mr. Westlund stated that the outlots will be dedicated to the city and the plat will be done at one time, not in phases. Irwin Russell noted that he farms the area south of the proposed plat and wanted to know if there would be fencing to prevent vehicles from driving through. Mr. Westlund stated that he is not proposing fencing. Tohn Wegner, 17125 Roanoke Street NW asked if the property could be platted into 2-1/2 acre lots. Mr. Carlberg noted that the area is zoned for 2-1/2 acre lots at this time. . / , \ '- // \ ',..J / Regular Planning and Zoning Commission Meeting February 25, 1997 - Minutes Page 5 Mr. Wegner felt that because they are not platting 2-1/2 acre lots, the benefits have to be enough to offset the additional people coming in there. lohn Wegner expressed concern about the covenants and restrictions, asking what the minimum dollar value of the homes will be. Mr. Westlund explained that a dollar value can be very arbitrary because of fireplaces, etc. They try to control that by the square footage requirements. He estimated that the homes would range in cost from $170,000 to $400,000. He noted that they have a good working relationship with the building inspectors and if they don't see our signature on the building plans they will not issue a permit. / Tim LaRock, 16558 Zuni Street NW asked what the plan is for the sewer and water on the smaller lots. Mr. Carlberg explained that this is a rural development and they will have private septic systems and wells. There will be enough room on each lot for 2 5,200 square foot septic systems (one primary and one secondary). Mr. Westlund noted that in the easterly portion of the property there are Zimmerman sands and closer to the river you have clay and junkier soils. They tried to cluster the homes where the Zimmerman sand is; MOTION by Wells, seconded by Leudtke to close the public hearing. Motion carried unanimously. Commissioner Squires questioned the number of lots proposed as he felt that the 4 acre riparian lots should be taken into consideration when figuring the 20% density. Mr. Westlund didn't think that the ordinance was written that way. He stated that it is frustrating to have this come up now, after working on it for almost a year. Discussion continued on the correct way to figure the density because of the riparian lots. Commissioner Peek noted that if you figure the 4 acre lots separately, 4 lots would be lost. I '. , <J '. ) ) Regular Planning and Zoning Commission Meeting February 25, 1997 - Minutes Page 6 Todd Haas explained the park dedication requirement noting that this is a 180 acre plat and the requirement as established by the ordinance would be 18 acres, which would be 10 percent. The developer is proposing to dedicate 6.8 acres and the balance will be cash in lieu of land. Commissioner Wells noted that there has been a significant attempt to not degrade the area by clear cutting the land. If it's a difference in losing 100 year old trees along the river versus adding more lots, she would not disagree with the increase in density. Commissioner Barry felt that if this property were developed into 2-1/2 acre lots, it would probably be laid out with straight roads and blocks. Mr. Westlund explained that they tried to incorporate a lot of the externalities into this plat such as wetland buffers. I Chairman Peek felt that the developer has met the four criteria for approval. He did feel that the area should be recalculated because of the riparian lots needing to be 4 acres in size. Commissioner Leudtke agreed noting that since this is the first development under Ordinance 112 it needs to be done right. Commissioner Gamache felt that the plat shows the developer has worked very hard with the city. His position is that they have met the 4 criteria. f -, MOTION by Apel, seconded by Wells that the Andover Planning and Zoning Commission forward to the City Council with the recommendation of approval the resolution granting the Special Use Permit of Woodland Development as presented by staff. Vote on Motion: Yes - Wells, Gamache, Apel, Barry; No - Squires, Peek, Leudkte. Motion carried on a 4 yes, 3 no vote. AMENDMENT TO MOTION by Apel, seconded by Wells that the following be added to the resolution: WHEREAS, the base line has been established at 79 lots which includes the 20 percent density increase in meeting the four criteria for density increases. Amendment carried. . \ \J , <...J Regular Planning and Zoning Commission Meeting February 25,1997 - Minutes Page 7 Public HearinglPreliminarv PIat/Timber River Estates '\ ) Mr. Carlberg reviewed the request, noting that the property is currently zoned R- 1, Single Family rural with a portion designated as Scenic River. The proposed plat is outside of the Metropolitan Urban Service Area and will be developed with private wells and septic systems. The subdivision will be developed as a Planned Unit Development and will consist of 79 single family residential lots. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed, DNR, Army Corps of Engineers, etc. Variances are being requested for lot area and lot width as a part of the development of the PUD, maximum length of a block (170th Lane and 170th Avenue), and minimum width of 150' and a minimum depth of 150' (the one acre lots will not meet these requirements). A geotechnical engineer will be used to review and certify that a lesser than 3' for the lowest floor above the seasonal high water mark can be achieved. The developer is proposing a trail system constructed of 4" of Class 5. A bituminous parking lot for the park along the Rum River is proposed. A permit from the DNR will be required to cross or fill a protected wetland at 171st Avenue NW. The Fire Department is concerned with limited access to the western portion of the plat. Byron Westlund, Woodland Development, noted that they have met with the City Council and asked them to co-sponsor their application for the wetland fill permit. Their application has been submitted to the Lower Rum River Water Management Organization and they haven't heard from them as of this date. In October or November they were granted a Special Use Permit for the sign. Mr. Carlberg noted that the Special Use Permit was for a temporary real estate sign and they would need to apply for another Special Use Permit for the area identification sign, which would be permanent. Chairman Peek asked Mr. Westlund to address the storm water management plan. Mr. Westlund explained that they reduced the runoff and flow. Pre-runoff was 69.1 CFS and post-runoff would be 60.2 CFS. Through the use of storm piping, they have been able to take the water from the north and divert it to the west rather than to the east where it normally would go. , '- ./ i '/ Regular Planning and Zoning Commission Meeting February 25, 1997 - Minutes Page 8 Barbara Gow asked where the water in the southern part of the plat will go. Mr. Westlund noted that it will follow its natural course. They are not adding any more water. Todd Haas stated that it would take more than a 6 inch rainfall before the pond would overflow. MOTION by Wells, seconded by Leudtke to open the public hearing. Ed Wilson, 16831 Argon Street NW stated that if Argon Street is extended, a permit from the DNR would be required because it's a wetland. Mr. Carlberg noted that a permit would not be required because it's not a protected wetland. Discussion centered on the extension of Argon Street with Commissioner Apel stating that a neighborhood would be destroyed if it were extended. All of the Commissioners opposed the extension of the street. I lohn Wegner asked if the impact on the traffic coming out on 7th Avenue had been looked at. Mr. Carlberg explained that there are certain separations required between city streets onto county roads. The county has looked at the plan and has approved it. MOTION by Wells, seconded by Barry to close the public hearing. Motion carried. The Commission discussed the variances that would be required agreeing that the basic purpose of a PUD is to negotiate with the developer because of special features of the property. The surfacing of the proposed trails was discussed. Mr. Westlund felt that because the trails are in marginal soils, bituminous would need to be repaired more often than if Class 5 were used. Mr. Haas noted that the Park Board wants to concentrate on trails in the urban area. In the rural area it's too hard to construct a trail system, The current road shoulders should be used for bike trails. MOTION by Apel, seconded by Wells that the Planning and Zoning Commission forward to the City Council with a recommendation of approval a resolution approving the preliminary plat of the planned unit development of Timber River Estates by Woodland Development Corporation with a change to Item #3 to say / . \ I "_ .J '_ .J ,. Regular Planning and Zoning Commission Meeting February 25,1997 - Minutes Page 9 that a variance from Ordinance 8, building area because of fact that this is a PUD and that all trails be surfaced as proposed by the developer indicating certain areas as bituminous and certain areas as Class 5. Item #14 be added saying that a variance be ranted for the developer to request a Special Use Permit for signage at a later date. Vote on Motion: Yes - Apel, Gamache, Barry, Wells, Leudtke; No - Squires, Peek. Motion carried. This will go to the City Council on March 18, 1997. Public Hearing/Comprehensive Plan Amendment .I Mr. Hinzman reviewed the request for an amendment to the Comprehensive Plan to create an RM-2, Residential Multiple Dwelling land use district and to change the land use district from RU, Residential Urban Single Family and C, Commercial to RM-2, Residential Multiple Dwelling for the property at 3331 Bunker Lake Boulevard. The purpose of the proposed amendment is to accommodate senior citizen housing as proposed by Presbyterian Homes and Adolfson and Peterson. Minnesota Statutes Chapter 473.858 states "If the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into conformance with the plan..after August 1,1995, a local government unit shall not adopt any fiscal device or official control which is in conflict with its comprehensive plan." Mr. Hinzman explained that the development will be a 130-140 unit senior housing facility on the Round Barn site. At the present time, the Comprehensive Land Use Plan designates this area as C, Commercial and RU, Residential Urban Single Family. The property is currently zoned SC, Shopping Center and R-4, Single Family Urban. The applicant proposes to rezone the parcel to M-2, Multiple Dwelling and to develop the parcel as senior housing under the planned unit development ordinance. A rezoning to M-2 would be inconsistent with the current land use designation; therefore, an amendment to the comprehensive plan is necessary. Dave Carlberg noted that a Special Use Permit was issued several years ago to allow the operation of the Round Barn. Commissioner Gamache asked if the developer is looking at this site because of the proximity to the Downtown Center. Mr. Hinzman stated yes, the seniors will be able to walk to the Downtown Center and there is also a bus line nearby. . / ., ,"---j , ) I Regular Planning and Zoning Commission Meeting February 25, 1997 - Minutes Page 10 Commissioner Squires noted that changing the Comprehensive Plan doesn't mean that we're opening up the whole city to that zoning district. Mr. Carlberg explained that if you have an RM-21and use district you can designate what is going to be in those specific areas. He also noted that if this amendment is approved it will then go to the City Council and the Metropolitan Council and if it is approved, the applicant can then apply for a rezoning and a Special Use Permit for the Planned Unit Development. MOTION by Barry, seconded by Wells to open the public hearing. Motion carried. Tim Casey, 3312 -139th Lane NW is opposed to the amendment. He stated that when the people in Woodland Creek bought their homes they purchased them at a premium price. The value of their homes will go down is this is allowed to go in. The commercial piece of property was zoned for neighborhood conveniences. He didn't feel this use belongs in this area. / Mike Tarek, 3321-138th Avenue NW didn't think this use belongs in this area. He stated there is a lot of land in the city that is better suited for this type of development. Shelly Chapin, 3132 -139th Avenue NW thought this is a good idea for the city but felt the location was wrong. It's an ideal place for seniors but it's not a good fit for the neighborhood. Mr. Carlberg explained that based on the current zoning it can be single family homes on 80' x 130' lots. Charles Kemp, 3322 -138th Lane NW stated that the amount of traffic would increase and he is opposed to the whole proposal. Mark Madden, 3363 -138th when he moved here they were told that all of this area was going to be single family homes. He is concerned with the traffic. He asked what the next step in the process is. Mr. Hinzman explained that the Metropolitan Council has to approve it and the City Council. If it is approved, it goes through the rezoning process. This item I , ) '0 / Regular Planning and Zoning Commission Meeting February 25, 1997 - Minutes Page 11 will be on the March 4th City Council agenda. It was noted that the Metropolitan Council requires a 60 day review period but it can take less time. Mark Madden thought that the property values would go down if this is allowed. He also noted that there are some huge trees that would have to be cut down. A resident of Woodland Creek asked what would happen if the senior citizen died and willed the apartment to him. Would he be allowed to live there? Tohn Mehrkens, Presbyterian Homes explained that he would not be able to live there unless he is 55 years old. These properties are going to be rentals so the question doesn't apply. Several residents felt that because they are going to be rentals and if Presbyterian Homes can't rent out the complex they could end up with something that is not desirable. / Toel Eberle, 13794 Orchid Street NW presented a petition requesting that the property remain single family. He noted that previously the Mayor had asked the developers to find a different location for this project. Phyllis Erickson, 13824 Orchid Street NW stated that she is not necessarily against it but was sympathetic with the neighbors. She felt that there could be worse things than a senior housing project in the area. She would, however, be against apartments. Bonnie Kleese, 13782 Orchid Street NW stated that there are a lot of trees in her backyard that will be cut down if this project goes in. She would be sad to see this project put in this area. Tim Casey didn't think it would be justifiable to the homeowners in Woodland Creek to allow this to go through. Tohn Mehrkens, Presbyterian Homes explained that they were brought into this project because they felt this would be a perfect site for a senior housing complex. They have developed projects in areas surrounded by residential in the '. / '--) '-J Regular Planning and Zoning Commission Meeting February 25, 1997 - Minutes . ) Page 12 past. He noted that the Round Barn is an integral part of the project. He further noted that a neighborhood meeting was held several weeks ago and the residents in the area requested that they do a study to determine if the property values in areas where they have other projects have down. He noted that is a difficult study to do because there are a number of variables involved. MOTION by Barry, seconded by Wells to close the public hearing. Motion carried unanimously. ) The Commission was asked to take a straw vote to indicate their feelings on the project. Commissioner Apel stated that he couldn't go along with the proposal. He stated that there are a lot of people in the city who want senior housing but not in this area. Commissioner Barry noted that with all of the opposition that has been heard she would agree with Mr. Apel. However, she didn't think that this would create a lot of traffic. She felt that a single family housing project would create more traffic. Chairman Peek stated that his concern is the multiple housing. The Comprehensive Plan at this time indicates this area as a single family site. Commissioner Gamache felt that if Presbyterian Homes backs out within a year we don't know what we will end up with. He would be against this change. Commissioner Wells stated that due to a conflict of interest she would not comment. Commissioner Squires felt that the property would be a good site for a senior housing project if the existing housing was not already there. Commissioner Leudtke suggested that the soon to be formed Comprehensive Plan Task Force look at where this project would fit in the city. MOTION by Apel, seconded by Leudtke that the Planning and Zoning Commission recommend to the City Council that the proposed amendment to the Comprehensive Plan not be forwarded to the Metropolitan Council and that they should not pursue this amendment at this time. Motion carried on a 6 yes, I abstain (Wells) vote. This will go to the City Council on March 4,1997. Public Hearing/Special Use Permit/Retail and Trade Services/Beberg/Skogrnan ) \ J , , l Regular Planning and Zoning Commission Meeting February 25, 1997 - Minutes Page 13 Mr. Hinzman reviewed the request of Chris Beberg and John Skogman to operate a landscape supply and contracting business at 13540 Hanson Boulevard, the site of Roger's Auto Body. The property is zoned I, Industrial. Ordinance 8 allows retail trade and serviCes in an Industrial District by Special Use Permit. MOTION by Wells, seconded by Barry to open the public hearing. Motion carried unanimously. Chris Beberg explained that they will be selling plants, trees, shrubs, dirt, and mulch. Their hours of operation will be Monday through Friday 7:00 am to 8:00 pm, Saturday from 7:00 am to 5:00 pm and Sundays from 11:00 am to 4:00 pm. Chairman Peek asked if there is adequate parking. Mr. Hinzman noted that there is. MOTION by Wells, seconded by Gamache to close the public hearing. Motion carried unanimously. MOTION by Wells, seconded by Leudtke to forward to the City Council a resolution granting a Special Use Permit requested by Chris Beberg and John Skogman to operate a retail trade and service facility on property o;.vned by Roger Streich with the hours as stated by the applicant and with the condition that at no time will material be located outside the building or outside the storage area. Motion carried unanimously. This will go to the City Council on March 18, 1997. Ordinance Review Jeff Johnson, Zoning Administrator, reviewed the following ordinances: Ordinance No. 22 - Licensing of Contractors. Mr. Johnson noted that the building department will be rewriting this ordinance. Ordinance No. 23 - Keeping of Equines. The Equestrian Council met and recommended the changes as suggested by staff. Ordinance No. 24, Providing Salaries for Mayor and Council Members. This ordinance will be repealed and replaced by Ordinance 209. r \ \...J \._j' Regular Planning and Zoning Commission Meeting February 25, 1997 - Minutes Page 14 Ordinance No. 26 - Abolishing the Position of City Clerk-Treasurer and Creating the Positions of City Clerk and Treasurer. This ordinance will be repealed and Ordinance 211 will take its piace. Ordinance No. 27 - Street Name Change. All ordinances changing or renaming streets will be repealed and Ordinance 212 will take their place. The commission had no comment on the ordinances. MOTION by Leudtke, seconded by Squires to adjourn. Motion carried unanimously. Meeting adjourned at 11:55 p.m. Respectfully submitted, iLL. tI./b / Vicki V olk Acting Recording Secretary " , /