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HomeMy WebLinkAboutNovember 14, 1995 o o o 7:00 p.m. o o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 ANDOVER PLANNING AND ZONING COMMISSION MEETING AGENDA November 14, 1995 1. Call to Order 2. Approval of Minutes - October 24, 1995 3. Public Hearing: Preliminary Plat - Devonshire Estates - Section 24 - Dave Harris. 4. Public Hearing: Preliminary Plat - Rolling Meadows Estates - Section 12, Township 32, Range 25 - TSM Development, Inc. 5. Public Hearing: Special Use Permit - Bulk storage of Liquid Fuels - Install Underground Fuel Oil Tank - Oak View Middle School - 15400 Hanson Boulevard NW - Anoka Hennepin School District No. 11. 6. Discussion - Special Task Force - Definition of "Family" - Update and Review Letters of Interest to Participate on the Task Force. 7. Other Business 8. Adjournment o (' hN'/\.O f.ti 0fY'..Cl ~ O~ -- T-\I 1~e,Ict5 . o CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - NOVEMBER 14, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on November 14, 1995, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Bev Jovanovich, Jeffrey Luedtke, Randy Peek, Jerry Putnam Catherine Doucette Assistant City Engineer, Todd Haas City Planning Director, David Carlberg Others Commissioner absent: Also present: APPROVAL OF MINUTES October 24, 1995: Correct as written. MOTION by Luedtke, Seconded by Jovanovich, to approve the Minutes as written. Motion carried on a 6-Yes, I-Absent (Doucette) vote. o PUBLIC HEARING: PRELIMINARY PLAT - DEVONSHIRE ESTATES - SECTION 24 _ DAVE HARRIS 7:01 p.m. Mr. Haas reviewed the proposed preliminary plat of 16 single family rural residential lots. The Andover Review Committee is recommending approval of the variances for Lot 6, Block 3 which does not meet the minimum 300-foot width at the front setback and which is proposed to be a double frontage lot. The variances will not have an effect on the health, safety and general welfare of the community. Accesses to the north and to the south are being proposed, but there will be a cul-de-sac on the west because the existing flood plains and wetlands prohibits further access to the west. MOTION by Apel, Seconded by Putnam, to open the public hearing. Motion carried on a 6-Yes, I-Absent (Doucette) vote. 7:08 p.m. Marv Erickson. 15486 Universitv Avenue noted the entrance to University does not align with the existing 154th Avenue to the east. Mr. Haas explained it cannot align because the developer is required to avoid the wetland. o Bob McGlover. 15155 Universitv Avenue noted the residents along University were recently assessed for the bituminous blacktop. This lot was assessed only one unit for one buildable lot. Now that it is being developed into 16 lots, will the owner have to pay more for the road and will the remaining homeowners get reimbursed? Commissioner Apel stated no, there will be no additional assessments as all lots were assessed on a unit basis depending on the front footage; and there is no mechanism to reimburse other property owners. \ \..~ o Regular Andover Planning and Zoning Commission Minutes - November 14, 1995 Page 2 \ ) (Public Hearing: Preliminary Plat - Devonshire Estates, Continued) Key Slyzuk. 15211 Niqhtinqale - asked where the drainage goes from this area. Leon Ooatz. Pioneer Enqineerinq - designed the drainage and grading. The drainage will go through a series of sedimentation ponds where it will be treated, and then it will be discharged into the wetlands. Mr. Slyzuk - asked if he could be given a written statement that there will be no pipe or open ditch going into the existing ditch. Mr. Opatz stated the water will not be piped directly into the ditch. There will be a pipe from the sedimentation ponds to the wetlands, and from there it will flow naturally to the ditch as it does now. There will be no more discharge into the ditch than is currently being discharged. The Engineers agreed to review the drainage plan in more detail with Mr. Slyzuk at a later date. Mr. Slyzuk - stated that is all low ground and far from choice lots. He personally paid for the cleaning of that county ditch and doesn't want to end up with mud in it because of the developer. " " ) Robert West. 15570 University Avenue - had the tax assessor to his place because the taxes doubled since he moved there three years ago. He asked the assessor if any development will raise his taxes. The assessor stated it would not. He asked why this parcel was only assessed for one unit for the road. Commissioner Apel explained the project was done on a unit basis. Once the assessment roll is set, there is no method of recovering excess assessments. Reuben Erickson. 15486 University - owns the property to the northeast of the proposed deyelopment. He built a wildlife pond in the back. It looks as though a sedimentation pond is being proposed very close to his wildlife pond. He was concerned with contaminated runoff from the streets eventually coming to his pond and making it unsuitable for wildlife. What recourse does he have if there is a problem? Mr. Opatz explained the water will be treated in the sedimentation ponds so any salt and other debris from the street drainage will be trapped. They also control the rate at which the water leaves the sedimentation pond, so there will actually be less runoff into Mr. Erickson's pond than there is now. Mr. Haas stated if there is a problem with the sedimentation pond, Mr. Erickson should call Public Works to clean it. He also suggested Mr. Erickson attend the Coon Creek Watershed Board meeting where the drainage will be reviewed to express his concern or call the Watershed Board administrator. Commissioner Apel also noted there is always recourse through the courts. '\ J Mr. McGlover - asked when the project will be completed. Mr. Opatz thought the grading could be completed next spring. New houses will be constructed depending on the sales. \ \J o Regular Andover Planning and Zoning Commission Minutes - November 14, 1995 Page 3 : ) (Public Hearing: Preliminary Plat - Devonshire Estates, Continued) MOTION by Luedtke, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, I-Absent (Doucette) vote. 7:29 p.m. MOTION by Apel, Seconded by Peek, to forward to the City Council the Resolution presented by Staff for the preliminary plat of Devonshire Estates as presented, correcting "Block 2" in Paragraphs 1 and 2 of the contingencies to "Block 3". Motion carried on a 6-Yes, I-Absent (Doucette) vote. This will be placed on the December 5, 1995, City Council Agenda. 7:35 p.m. PUBLIC HEARING: PRELIMINARY PLAT - ROLLING MEADOWS ESTATES - SECTION 12, TOWNSHIP 32, RANGE 25 - TSM DEVELOPMENT, INC. 7:35 p.m. Mr. Haas reviewed the proposed preliminary plat of Rolling Meadows Estates which consists of 13 single family rural residential lots. The Andover Review Committee is recommending approval of the following variances: 1) Variance for the streets of 172nd Avenue, Tanto Street and 171st Avenue between Xkimo Street and Roanoke Street which exceeds the maximum of 1320 feet. 2) Variances for Lots 2, 3, and 4, Block I, which do not meet the 39,000 square-foot requirement due to the '^ sand/clay loam soils. The new septic laws to be enacted next year will \ j prohibit drainfields from being installed on any fill soils. Th'2 developer has hired an expert in septic systems, who is proposing a mound septic system for these lots. The Building Department has agreed to the proposal. The Review Committee is recommending the access to CSAH 7 at 173rd Avenue be eliminated and the plat redesigned to serve Lot 4, Block 4 from the intersection of 172nd Avenue and Tanto Street with a cul-de-sac going north. He noted the county's concern with the access of 173rd to CSAH 7. All outlots created should be attached to adjacent properties. The Commission was concerned with three names for one street. They felt the street of 172nd Avenue, Tanto Street and 171st Avenue should have one name, probably 171st Avenue. They also suggested eliminating the name of Tanto entirely as a street in the City. Commissioner Peek asked if 171st could align with the easement on the east side of CSAH 7. Mr. Haas stated there is no road on the other side. 171st is accessing CSAH 7 to the south to avoid the wetland. Commissioner Luedtke agreed with eliminating the access to CSAH 7 at 173rd because of the steep hill there. Commissioner Jovanovich also agreed. MOTION by Putnam, Seconded by Jovanovich, to open the public hearing. Motion carried on a 6-Yes, 1-Absent (Doucette) vote. 7:48 p.m. "" ) Ernie pfannschmidt. 1710 Third Avenue S Anoka - owns about 180 acres adjoining this property to the south and west, which has been in his family since 1918. He had a rough sketch of how his property could be 'J , , ',-) Regular Andover Planning and Zoning Commission Minutes - November 14, 1995 Page 4 \ ) (Public Hearing: Preliminary Plat - Rolling Meadows Estates, Continued) developed and some changes he would like seen to the Rolling Meadows Estates plat to accommodate development of his property in the future. He hoped to be able to get two accesses onto CSAH 7 because he has approximately 1400 feet of frontage. At one time he purchased five acres along the southern border of the proposed plat for an eventual roadway to the back 100 acres; however, two years after he purchased it, NSP acquired it for the power line easement. He asked that the southerly cul-de-sac on Xkimo being proposed in the development be extended to the southern property line to provide a future access to his property. The Commission agreed that Xkimo must be extended to the southern property line and constructed with a temporary cul-de-sac at this time. In addition, the curve in the road to touch the southern border will also provide access to Mr. Phannschmidt's property. Commissioner Apel also suggested copies of Mr. pfannschmidt's sketch be kept in the files to review when that property eventually develops. Steve Schultz, President of TSM Development, Inc. - did not have a problem giving an easement to run Xkimo through when the southern property develops, but he didn't feel he should have to pay for that extension to benefit someone else. He thought it is an unnecessary extension. Commissioner Apel explained the City's policy to provide access to adjoining property for future development. / Jim Merila, Merila Associates - is working with TSM on the proj ect. They do have a alternative sketch for not having 173rd access CSAH 7. A cul-de-sac would be built to serve Lot 4, Outlot B would be created, and a 17-foot strip would continue as a future street along 173rd. They also do not see the alignment of 171st and the road to the east of CSAH 7 as a problem. The road to the east is now a gravel road, not a public road; and it is not uncommon for a driveway to be coming onto the roadway off center from the public road. There is some room to shift 171st to the north, but they would prefer to leave it as it is. He realizes the City does not like outlots, apparently because they tend to go tax forfeit. However, they see outlots as a real part of land development. It is a holding place for land to be used at a later date when it can be subdivided or combined with another piece of property. They don't feel it is reasonable to have to convey the outlots immediately to one parcel or to another, because it is not known how the parcels will be developed in the future. As an outlot, the City also has the prerogative of conveying it to one of the property owners in the future. By utilizing outlots as a holding parcel for future development, it provides flexibility of private property owners to retain that land and then be able to negotiate a price for it when it will be usable. Chairperson Squires stated that mayor may not be the case, as sometimes there are restrictions on what the City can do. Commissioner Apel stated the position of the Council for a number of years has been not to accept outlots within plats, especially if they ,..) are land locked. He didn't think the Planning Commission is in a position to change that policy. ~J . '\ V Regular Andover Planning and Zoning Commission Minutes - November 14, 1995 Page 5 \ ./ (Public Hearing: Preliminary Plat - Rolling Meadows Estates, Continued) Mr. Merila - thought perhaps the discussion should be continued and look at an ordinance change. If it is something they can vary from, they would apply for it. Mr. Haas thought they could request a variance for the outlots. Mr. Merila - also explained the septic system design was done by an individual who's business is designing septic systems. In this case a mound system will be installed because of the type of soils. It is an acceptable type of system, approved by the MPCA. MOTION by Luedtke, Seconded by Putnam, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Doucette) vote. 8:10 p.m. \ i '~I In discussing the plat, the Commission agreed to eliminate the access to CSAH 7 at 173rd. Lot 4 would be served by a cul-de-sac to the north off 172nd along side Lots 3 and 4, Block 1. Any outlots created would be attached to adjoining property. It was not known now to solve the Outlot A problem since there is nothing to attach it to. Mr. pfannschmidt stated he would consider having it transferred to him. The Commission also agreemws with the written comments from Commissioner Doucette that three names for one street is very confusing. It was felt that the one name of 171st Avenue coming off CSAH 7 would be recognizable. The Commission again recommended extending Xkimo to the south property line to provide access to the adjoining property. There was support to eliminate having a Tonto Street in the City. MOTION by Putnam, Seconded by Peek, to send a Resolution to the City Council for approval of the preliminary plat of Rolling Meadows Estates as developed by TSM Development, Inc., with the following points added to the rest: Item 1, variance for the same street, but eliminate the naming of 172nd Avenue NW and Tonto Street NW to have the same name fOe the entire length between Xkimo Street NW and Roanoke Street NWj Item 2, eliminate the variance for Outlot A and require it to be conveyed to the southerly property owner. Item 4. Require the outlots created on the northerly edge of the property by not having 173rd Avenue exit to Roanoke be attached to the nearest lot. 173rd Avenue is to be disregarded. Items 5, 6 and 7 to remain the same. Add Item 8, that the easements for 173rd Avenue NW be eliminated from the preliminary platj Add Item 9, that the cul-de-sac for Xkimo Street NW be relocated and extended to the southern-most property line of the preliminary platj add Item 10, to create a cul-de-sac to serve Lot 4 extending to the north. Work with the Staff on the City grid system to come up with the appropriate name for that street. Motion carried on as-Yes, 1-No (Luedtke), 1-Absent (Doucette) vote. This will be on the December 5, 1995, City Council Agenda. 8:30 p.m. \ _! (J , "- \..J Regular Andover Planning and Zoning Commission Minutes - November 14, 1995 Page 6 ) PUBLIC HEARING: SPECIAL USE PERMIT - BULK STORAGE OF LIQUID FUELS - INSTALL UNDERGROUND FUEL OIL TANK - OAK VIEW MIDDLE SCHOOL - 15400 HANSON BOULEVARD NW - ANOKA HENNEPIN SCHOOL DISTRICT NO. 11 8: 30 p.m. Mr. Carlberg reviewed the request by Anoka Hennepin Independent School District No. 11 to install a 10,000-gallon oil tank at 15400 Hanson Boulevard NW, Oak View Middle School. This is for a backup heating system for the school; the primary system is natural gas. Staff is recommending approval with five conditions. The Fire Marshal has been working with the school district, as the tanks are being installed at this time. He also noted Item 2 in the Resolution refers to the Wellhead Protection Plan. That Plan is not yet adopted, but the Engineering Department would like to see that considered. MOTION by Putnam, Seconded by Jovanovich, to open the public hearing. Motion carried on a 6-Yes, 1-Absent (Doucette) vote. 8:38 p.m. Commissioner Putnam asked if the piping system is also doubled walled. Zack Johnson, Architect at Armstronq, Torseth, Skold & Rvdeen explained the tank is fiberglass with double walls. The piping is also double walled. Both have monitoring systems. He also explained the other safety features being built into the system. The Fire Marshal has '\ been involved and has been observing the operation. , , Tom Dvkhoff, Adolfson & Peterson - stated the construction has been completed. Commissioner Jovanovich asked why they didn't come to the Planning Commission before construction. Mr. Carlberg explained while going through the review of the site plan, it was determined that a Special Use Permit was required. The process started immediately, but the district was also running into a problem with the timing of the construction. They had it all set up. Staff indicated to the district not to hold up the construction because the site plan had already been approved and they didn't see a benefit to holding it up. The Fire Marshal has reviewed the tanks, and the City is making sure everything is done properly. The Special Use Permit process is for additional safety and information for the City. MOTION by Apel, Seconded by Putnam, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Doucette) vote. 8:42 p.m. MOTION by Luedtke, Seconded by Putnam, to froward to the City Council the request granting the Special Use Permit for Anoka Hennepin School District to install underground storage fuel tank located at 15400 Hanson Boulevard with the five conditions stated by the Staff. Add "10,000-gallon" underground storage tank in the first, second and sixth paragraphs. Motion carried on a 6-Yes, 1-Absent (Doucette) vote. This will be placed on the December 5, 1995, City Council Agenda. 8:45 p.m. -\ .-i \ , , / " 1 \.J Regular Andover Planning and Zoning Commission Minutes - November 14, 1995 I \ Page 7 , ) DISCUSSION: SPECIAL TASK FORCE - DEFINITION OF "FAMILY" - UPDATE AND REVIEW LETTERS OF INTEREST TO PARTICIPATE ON THE TASK FORCE Mr. Carlberg noted the letters received from residents indicating an interest to serve on a Special Task Force of the Planning Commission on the Definition of Family. Three letters were received, plus Sabra Burns had indicated her willingness to participate when this was last discussed at a Commission meeting. The Commission agreed the task force would consist of the following members: Mayor Jack McKelvey, Councilmember Don Jacobson, Planning and Zoning Commission Chairperson Jay Squires, Planning and Zoning Commissioner Bev Jovanovich, Residents Larry E. Hale, Elaine ocef~c~, Peter Leyrer, and Sabra Burns. 5c.oCie..\ MOTION by Apel, Seconded by Peek, Force on the Definition of Family. (Doucette) vote. to appoint those eight to the Task Motion carried on a 6-Yes, 1-Absent Mr. Carlberg noted Staff will notify everyone of their appointment and get a first meeting scheduled. OTHER BUSINESS . " Mr. Carlberg reviewed the actions taken by the City Council on Planning Commission items at its November 7, 1995, meeting. Mr. Carlberg also asked for letters of intent from those Commissioners whose terms expire on December 31, 1995. MOTION by Jovanovich, Seconded by Apel, to adjourn. Motion carried on a 6-Yes, 1-Absent (Doucette) vote. The meeting was adjourned at 8:50 p.m. Respectfully_submitted, \\\PJ_~Lg..~Z~'~t-;:~L Marcella A. Peach Recording Secretary \