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HomeMy WebLinkAboutJanuary 11, 1994 o (-.... u ~ II ;l6Iq~ /0 ~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JANUARY 11, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and zoning Commission was called to order by Chairperson Bonnie Dehn on January 11, 1994, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Bev Jovanovich, Randy Peek, Jerry Putnam, Jay Squires Becky Pease Assistant City Engineer, Todd Haas City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES December 14, 1993: Page 1, last paragraph, change fifth and sixth lines to: Mr. Carlberg explained the Comprehensive Plan calls for that entire area to be Commercial. () MOTION by Jovanovich, Seconded by Putnam, to approve the Minutes as corrected. Motion carried on a 4-Yes, 2-Present (Apel, Peek), I-Absent (Pease) vote. PUBLIC HEARING: PRELIMINARY PLAT, HILLS OF BUNKER LAKE 5TH ADDITION, SECTION 36, TONY EMMERICH CONSTRUCTION, INC. 7:33 p.m. Mr. Haas reviewed the proposed preliminary plat of Hills of Bunker Lake 5th Addition which consists of 137 single-family urban residential lots. The area is proposed to be included in the MUSA and is in the request before the Metropolitan Council. There are no DNR protected wetlands, and the developer has the necessary permits from the Army Corps of Engineers and the Coon Creek Watershed. There are no variance requests, and the park land is being dedicated per the request of the Park and Recreation Commission. The grading plan has been reviewed by TKDA and the Coon Creek Watershed. Mr. Carlberg stated the Metropolitan Council Committee as a Whole will discuss the City's request for MUSA expansion on January 20, and the Metropolitan Council will be making its decision on January 27, 1994. City approval of the plat is based on the property being incorporated into the MUSA, and it is the developer's risk if that does not happen. o Tony Emmerich, Tony Emmerich Construction, Inc. - stated there are no plans for monument signs at the entrances of the plat. Commissioner Peek asked who will retain ownership of the outlots. Mr. Haas did not know Mr. Emmerich's position on Outlot A, which will probably handle the drainage on that site. He will maintain ownership on Outlot B. . '\ J ( ) . \ \J Andover Planning and Zoning Commission Meeting Minutes - January 11, 1994 Page 2 J (Public Hearing: Prelimimary Plat - Hills of Bunker Lake 5th, Cant.) Mr. Emmerich - didn't have a fixed opinion on that at this point. Mr. Haas stated they may talk to the Council, as possibly they may want to include it as park. He did not think Mr. Emmerich would want to hold it and pay taxes on it. Mr. Haas also reviewed the proposed trail system and park and ball fields proposed for the southwest corner. There would be an off-street parking lot for the park. Mr. Emmerich - stated once the actual park contribution is determined, they will negotiate the construction of ball fields. The value of the homes in this development would be comparable or higher than those in the Hills of Bunker Lake. Commissioner Jovanovich was concerned about the City's ability to maintain another park. Mr. Haas stated the Park Board is following the Comprehensive Park Plan. Tot lots are a little difficult to maintain, so the City does not want so many that they can't be maintained. The hearing was then opened for public testimony. Richard Fuller, property owner to the east of the development - was representing various public interest groups as well as his own private interest. He stated there are a number of agencies that feel there are problems with the development that should be considered. One, Outlot A and part of Outlot B contain some Type 3 or 5 wetlands. Though the exact acreage is unknownr there is an excess of 2.5 acres of Type 3 wetland, which comes under State environmental protection rules involving an Environmental Assessment Worksheet. A petition is currently being considered by the Sierra Club. The Anoka County Soil and Water Conservation District has also advised there are species of special concern found there, though they are not endangered. These species were a concern in a lawsuit in whether or not an EAW is required. The court ruled it was necessary. Mr. Fuller continued that an EAW is also necessary where the topographical cross sections or drainage is being changed. He is concerned because Outlot B is part of a swamp that involves his property and takes drainage from the other side of prairie Road. Since Outlot B is slightly higher than the pond on his property, he is concerned that disturbing the drainage area will result in the possibility of drainage corning onto his land. As a person who has been requested by various public interest groups and as a citizen, he is concerned with any interference and alteration of any wetland in the City of Andover and Anoka County. '\ ) Mr. Fuller went on that the Anoka County Soil and Water Conservation District has expressed some concerns of whether the watershed has properly considered alternatives to the development of the wetlands. That agency is planning to submit to the Board of Soil and Water Resources a request that they forward to the Minnesota Attorney General's office for a legal opinion. He does not speak for the Sierra Club or Audubon Society; however, they also expressed an interest in preserving some of this area. They will be meeting this week to determine whether or not they will join in a petition to BOWSER for an EAW to be prepared on this area. ,,) o Andover Planning and Zoning Commission Meeting Minutes - January 11, 1994 Page 3 . / (Public Hearing: prelimimary Plat - Hills of Bunker Lake 5th, Cont.) Mr. Fuller then proposed the following compromise: Because he understood the Coon Creek Watershed approved this proposal to impinge on the wetland since there was no alternative presented to allow development of this section of land, he is willing to commit to granting to Mr. Emmerich a strip of land across his property on which Mr. Emmerich can build a road. That will give Mr. Emmerich access to the northeast portion of his property without disturbing the wetland. He will give the equivalent deed to put the street through to prairie Road, which allows access to Prairie Road from two points, and exchange some of his property on the south end for the building of storm sewer retention ponds rather than drain the storm water into the wetland. He would not take money for the land, just an equal exchange of his land for Mr. Emmerich's land. , ) Mr. Fuller explained the law is clear that the first concern must be avoidance of the wetland. If there is a reasonable method of avoiding the wetland, which he is now proposing, the law requires that it be considered. He felt his proposal is feasible and meets the State requirement of avoidance and that the Commission must consider it. He also noted the concerns of the Sierra Club and Anoka County Soil and Water Conservation District regarding the parks and the wetland. He suggested moving the park to the north along the south edge of the wetland. It would reserve an area of land that would protect a portion of the species of special concern and leave the last undeveloped glacial prairie plant and animal life in Anoka County. Plus it is easier to maintain one larger park than a series of smaller parks. In addition, Mr. Fuller was concerned that the 139th Lane NW in the plat is located such that an extension would go right through the living room of his house, that that road would never go through to prairie Road. There was a lengthy discussion with Mr. Fuller about his concerns and proposed compromise, some of it heated and with perceived insults. Commissioner Apel was not pleased with people who proposed a greater interest in a turtle and weeds than in people and use them as a weapon to promote their own personal concerns. The plat has gone through the sketch plan stage and now the preliminary plat. There has been a lot of engineering and time spent on it. It is Mr. Emmerich's plat. Commissioner Apel challenged some of the things Mr. Fuller had said regarding concerns of the other agencies. The Coon Creek Watershed and other agencies have said this plat meets all the necessary conditions. Other than the issue of the location of 139th Lane, which should be investigated, he felt the plat meets all the regulations. .I Mr. Fuller - did not think it is advisable for the Commission to ignore the compromise, nor did he think this was a joke. Chairperson Dehn assured Mr. Fuller that they take this responsibility very seriously. Commissioner Putnam asked if Mr. Fuller has any documents to back up his claims. Commissioner Squires also noted that heresay doesn't carry a lot of weight, and they need to hear from the other parties to give those concerns the appropriate weight. u u Andover Planning and Zoning Commission Meeting Minutes - January 11, 1994 Page 4 \ j (Public Hearing: Prelimimary Plat - Hills of Bunker Lake 5th, Cont.) Mr. Fuller - presented a draft of a letter from the Anoka County Soil and Water Resources District regarding this development. They will be meeting to decide whether that letter is to be forwarded to the Attorney General's Office. Mr. Fuller drafted the letter at the request of one of the District Supervisors, though that office has not yet seen the draft. If approved by the Supervisors, that office will be signing off on the letter. Mr. Fuller also noted that now that there is a reasonable alternative to developing the wetland, which he has presented, the City and the Coon Creek Watershed are required by law to consider that alternative. Mr. Haas stated the City has given up that right to the Watershed. Any consideration or change would be up to the Watershed. Chairperson Dehn also suggested Mr. Fuller may want to present the necessary affidavits of concerns or have representatives from the various agencies at the Council meeting for them to consider. Dave Erickson, 140th Lane - asked if he will be receiving special assessments for utilities and street. Mr. Haas explained there are no plans for the extension of utilities or improving the street for 140th Lane at this time. Sewer would be extended down 140th when the property to the east develops; though there would be no assessment until they hook up because it is a trunk line. He was not sure when the street will be improved. There are other places where a street was left gravel. '\ '\.j Mr. Erickson - was told that because of the size of his lot, he could get assessed double. That bothers him, as he didn't know how he would be able to afford to pay for all of that. He felt that should be taken into consideration. Mr. Haas stated that is possible. If the lot can be subdivided, he would be assessed for two units. Mr. Fuller - asked that his concerns be entered into the record, as he is here in part to build a record; and he asked if the hearing is going to be transcribed. Is it possible for him t~ get a copy of the tape? Staff suggested he check with the City Clerk for copies of the tape; otherwise, copies of the Minutes are available. Commissioner Squires disagreed with Mr. Fuller's approach. He felt Mr. Fuller has taken the law and used it for his own purposes, stressing the whole concept of avoidance and throwing out a proposal which is he thinks is reasonable. He felt Mr. Fuller is using that concept of avoidance to hook into the Environmental Assessment Worksheet, which is the reason for building the record. Commissioner Squires didn't think that is the appropriate thing to do. ~J Mr. Fuller - disagreed, stating he has significant concerns about the environment and that his concerns are honest; and because of those concerns, he is willing to propose alternatives to try to save some of the environment. He didn't think anyone had any doubt what this record will be used for. The Sierra Club will be considering their support of litigation in this matter, and that is why they asked him to create a record. But his other purpose was to put before this body a reasonable alternative to interference with the wetlands. If the Commission refuses to consider that alternative, the record becomes important. ~.~.. . \ ~.) ~) Andover Planning and Zoning Commission Meeting Minutes - January 11, 1994 Page 5 j (Public Hearing: Prelimimary Plat - Hills of Bunker Lake 5th, Cont.) Commissioner Squires didn't consider it reasonable in the concept of avoidance for the developer and owner of this property to have to consider some of the uncertain, undefined compromises which Mr. Fuller had proposed this evening. Commissioner Apel went on record that there is no way that any developer could possibly contact everybody on his borders and expect them to corne up with a plan to aid in meeting the requirements. Mr. Fuller - stated he wrote to Mr. Emmerich two weeks ago asking to meet before this hearing. Mr. Emmerich did not respond. Mr. Emmerich - stated approximately six to eight months ago he contacted Mr. Fuller attempting to purchase his property to do precisely as he is suggesting. At that time, Mr. Fuller did not respond. Mr. Emmerich stated Mr. Fuller is proposing that he develop Mr. Fuller's property and install his streets for him for nothing, basically. Mr. Emmerich stated he has met all the requirements of all of the governing bodies. ) Mr. Fuller - stated copies of that correspondence will show Mr. Emmerich did not indicate he was going to be developing the area west of his property, nor that he had an ownership interest of any kind. Mr. Emmerich indicated he had an interest in developing lots on the north end of his property and that he wanted to talk to him about it. Mr. Fuller told Mr. Emmerich at that time he was not interested in developing his propert, and he still isn't. Chairperson Dehn felt that since the sketch plan and preliminary plat have been studied in detail by the Andover Review Committee and the other agencies involved, since all necessary permits have been received, since Mr. Emmerich has gone through all the required steps in developing the propertYr since all criteria and conditions have been met and there are no variances, that the plat is acceptable. She felt Mr. Fuller's points may be valid, though the Commission has no substantiation other than hearsay. Wetlands are a continual concern of the City, and the Commission does not take this lightly. Chairperson Dehn then asked for a motion to close the public hearing. MOTION by Apel, Seconded by Jovanovich, to so move. Motion carried on a 6-Yes, 1-Absent (Pease) vote. MOTION by Apel, Seconded by Peek, to move that the Planning and zoning Commission recommend to the City Council approval of the Resolution presented by Staff approving the preliminary plat of the Hills of Bunker Lake 5th Addition. I would also like to add that a concern of ours is to check that road, 139th Avenue NW, to see if it does cause a problem to Mr. Fuller's house as he so stated. Motion carried on a 6-Yes, 1- Absent (Pease) vote. This item will be heard by the City Council on February 1, 1994. 8:22 p.m. ; \, ) " \ \~/ Andover Planning and Zoning Commission Meeting Minutes - January 11, 1994 Page 6 ) PUBLIC HEARING CONTINUED: REZONING - R-4 AND LB TO GB, SECTION 34, CITY OF ANDOVER 8:22 p.m. Mr. Carlberg briefly reviewed the request to rezone property from R-4, Single Family Urban, and LB, Limited Business, to GB, General Business. That property is generally located south of the Waste Disposal Engineering site, west of Hanson Boulevard NW, north of Bunker Lake Boulevard NW and east of Red Oaks Manor 4th and 6th Additions. At the December 14, 1993, meeting, Staff was directed to contact the DNR and Coon Creek Watershed District to determine why they objected to the rezoning. Letters have been received from both agencies explaining they have no objection to the rezonings. Also, Mr. Haas has prepared a memo addressing the storm water issue in the area. Mr. Carlberg continued, the Staff is recommending that entire area be zoned as one district to allow the greatest flexibility of uses for a commercial park and to have large commercial lots to develop. , '\ " ) The Commission discussion was that there is only a small area zoned LB, that it would not be good planning to sandwich an R-4 residential housing zone between the commercial parcels, that it is in the City's best interest to provide a uniform zone for that entire area, and that the proposed Comprehensive Plan calls for this area to be zoned commercial. Mr. Carlberg reviewed the ordinances which requires screening between the GB and residential areas and the protection of the wetlands. He also noted that the ordinances do not allow any new auto recycling businesses in the City. MOTION by Apel, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, I-Absent (Pease) vote. MOTION by Peek, Seconded by Jovanovich, that the Andover Planning and Zoning Commission forward to the City Council the attached draft Resolution with the recommendation for approval and change the date of adoption at the bottom of the Resolution to the applicable date. Motion carried on a 6-Yesr I-Absent (Pease) vote. The item will be placed on the February 1, 1994, City Council agenda. 8:37 p.m. DISCUSSION - AMEND ORDINANCE NO.8, SECTION 8.23, RESIDENTIAL BUILDING STANDARDS, REGARDING 4/12 ROOF PITCH Mr. Carlberg reviewed the background of an application for a building permit from Patio Enclosures, Inc., to build a three-season porch for a homeowner. The permit was not issued because the roof pitch did not meet the minimum requirement of a 4/12 roof pitch. He asked that the Commission determine whether to amend the ordinance by excluding three- season porches, greenhouses, etc., from the 4/12 roof pitch; leave the ordinance as written and issue variances; or uphold the ordinance as \ written. , J Commissioner Apel recalled the 4/12 roof pitch provision was adopted when there were concerns with mobile or manufactured homes in the City. That ordinance was amended with regard to the size of the eaves when the \ , / \- ) (~ , ) Andover Planning and Zoning Commission Meeting Minutes - January 11, 1994 Page 7 (Discussion - Amend Ordinance 8, Seciton 8.23, 4/12 Roof Pitch, Cont.) salt-box style home became popular. He felt strict enforcement of the requirement would eliminate many architectural options. Mr. Carlberg noted the City does have an R-5 zoning district for manufactured housing, though one is not designated on the map. He also handed out a brochure of Patio Enclosures r Inc., noting the different designs of three-season porches. He did not think the variance procedures would be proper since it has nothing to do with the topography of the land. He has not noted any other three-season porches in the City which do not comply with the roof pitch, though there may be some. In discussing this with the Building Department, they would not recommend changing the ordinance. Commissioner Putnam was concerned that the roof be sufficient to handle snow loads and wind currents. Commissioner Peek felt it would be sufficient if the retailer or manufacturer could provide data that a different pitch meets the snow loads and wind currents. \ ) James Wilkerson, local branch manaqer, Patio Enclosures, Inc. explained the specific structure in question will have a paneled roof. There are different types of rooms, sun rooms, three-season porches, solariums, green houses, that are acceptable with 3/12 roof pitches, curved glass roofs, etc. He stated the various pitches are a norm of the industry. He represents a nation-wide company in 28 locations, installing this type of room allover the United States and Canada. He has engineering data to give to the Building Department that will substantiate the roof will meet any code with regard to snow loads and wind loads anywhere in the U.S. or Canada. They can produce the data, stamped by a registered engineer in Minnesota. He has been with this company for almost eight years, and this is the first permit he has had disallowed because of the pitch of the roof. Because their engineering supports the one-half inch per foot of slope on the paneled roof system without a shingle for drainage, snow loads, wind loads, etc., it has never come up. He hasn't found any other communities that adhere to the 4/12 roof pitch. Mr. Wilkerson stated they can build at any pitch, but this limits the type of business and cliental he can service because of the expenses involved. Whether the roof pitch is to match with the home or is put in as an economic factor will vary on a case-by-case basis. They are an established, recognized organization. Also, they have had increasing inquiries for their sun rooms from Andover residents; plus this is not the first room they have done in the City. He was also under the impression that a variance was not an option in this situation. Mr. Carlberg stated he did not research what other communities require. In discussing this with the Building Department, it was determined the best thing to do was to bring it to the Commission for consideration since it may be coming up again in the future. They do have an option to apply for the variance, but there is no rationale for granting one. Because it is reasonable to assume this issue will come up again in the future and because the Commission felt a different pitch on these types of room additions would be acceptable if the engineering data supported the required structural codes, the Commission discussed a change to the ordinance rather than using the variance procedure. They did not want \. ;' , ) Andover Planning and Zoning Commission Meeting Minutes - January 11, 1994 \ Page 8 (Discussion - Amend Ordinance 8, Seciton 8.23, 4/12 Roof Pitch, Cant.) to deprive the citizens of Andover the ability to install such rooms yet force them to go to the most expensive style to meet the pitch requirement. One suggestion was to allow a deviation from the roof pitch if approved by the Building Official when given the correct documentation and drawings for the specific projects. Mr. Boos - brought a few photos of the structure to which he intends to attach the sun room. The reason the specific design was selected was to avoid the roof creating a trap for the settling of snow. A 4/12 roof pitch in this instance would create a trap and he would have a problem. The dormers on his house are not a 4/12 pitch, alleging he would not be able to build his house under the current code. He appreciated the problem with trying to write an all-encompassing code, but they have no intent to turn the porch into a bedroom. Commissioner Putnam felt this is a good case as to why the individual situations should be reviewed by the Building Official. After further discussion, the Commission then directed Staff to prepare an amendment to Ordinance No. 8 striking the entire paragraph in Subsection (C). The result would be the Building Official would review each structure to be sure the roof pitch is in compliance with State code for snow loads, etc. Commissioner Peek suggested Subsection (B) be deleted as well. \ , j Mr. Carlberg stated he will check with the Building Official and schedule a public hearing with the proposed change. The Commission suggested he also check the requirements of other communities with regard to patio enclosures. DISCUSSION - AMEND ORDINANCE NO.8, SECTION 4.04, LOT PROVISIONS - STANDARDS OF ACCESS DRIVE TO PRINCIPAL BUILDING Mr. Carlberg reviewed the recommended amendment to Ordinance No.8, Section 4.04(C), Lot Provisions, to require an access drive to every principal building when such building is over 150 feet or more from a thoroughfare or street. The current requirement is when a building is over 300 feet from a thoroughfare or street. The Safety Committee has made the recommendations because the Fire Department has a problem getting back to these buildings if the driveway is not up to standard or vegetation removed. It is a safety issue. The Commission asked if the amendment would be retroactive, as several indicated they would not support a change if it were retroactive. Mr. Carlberg felt it would be, but agreed to check with the City Attorney first. He will schedule a public hearing with the proposed change. J , , / , \ ',- ..J Andover Planning and Zoning Commission Meeting Minutes - January 11, 1994 Page 9 , / DISCUSSION - ORDINANCE NO. 50, FLOOD PLAIN ORDINANCE Mr. Carlberg noted the proposed ordinance regulating flood plains in the City of Andover was drafted from a model ordinance of the DNR. He explained more definitions have been added, and he felt the proposed ordinance more clearly outlines the procedures that must be followed. The Commission had no specific comments on the proposal. Mr. Carlberg stated the draft will be submitted to the DNR, then forwarded to the City Council for their action. OTHER BUSINESS Screening of SuperAmerica Gas Station - Mr. Carlberg explained the ordinance requires a wall or fence for commercial areas abutting a residential area. He noted the specific location of the gas station, which does not directly abut the residential area, and that portion of the commercial lot which is next to the residents. The area is heavily wooded. He asked if the Commission wished to allow additional landscaping or planting of trees rather than clear an area for fencing. The Commission felt the residents should be told of the issue and allowed to provide input before they make a decision. ! \ ) Mavor McKelvev - understood there was an agreement reached between the neighborhood and SuperArnerica that SuperArnerica would clear out the dead trees in the back and plant new, fast-growing trees to completely screen the area. He didn't recall that any fencing was to be put up. That being the case, Mr. Carlberg agreed to talk with the neighborhood group and to bring the agreement to the next Commission meeting. MUSA Expansion Request - Mr. Carlberg again reported the Metropolitan Council Committee of the Whole will be reviewing Andover's request for MUSA expansion on January 20, with the entire Metropolitan Council making its final decision on January 27. Starting Time of Meetings - Since the City Council has changed the ordinance to begin its meetings at 7 p.m., Mr. Carlberg asked if the Planning and Zoning Commission would also begin its meetings at 7 p.m. to be consistent. The Commission agreed, noting the 7 p.m. meeting time will begin on February 8, 1994. Selection of Chairperson - Mr. Carlberg noted the City Council wishes to rotate the position of Chairperson and has asked that anyone interested in serving in that capacity for the next year contact him this week. The Council will appoint a new Chair at its January 18 meeting. MOTION by Apel, Seconded by Peek, to adjourn. Motion carried on a 6- Yes, I-Absent (Pease) vote. The meeting was adjourned at 9:46 p.m. ) )~SP::d:br>t?L-- Ma~ A. Peach, Recording Secretary