HomeMy WebLinkAboutJuly 26, 1994
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100
PLANNING AND ZONING COMMISSION MEETING - JULY 26, 1994
MINUTES
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning
Commission was called to order by Chairperson Jay Squires on July 26,
1994, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Commissioners present:
Maynard Apel, Bonnie Dehn, Bev Jovanovich,
Becky Pease (arrived 7:03 p.m.) Jerry Putnam
Randy Peek
Assistant City Engineer, Todd Haas
City Planning Director, David Carlberg
Others
Commissioner absent:
Also present:
APPROVAL OF MINUTES
July 12, 1994: Page 5, Motion on Lot Split Request/Dailey
Chairperson Squires asked that the vote on the motion be
verified, as he thought he had opposed the request.
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.J MOTION by Jovanovich, Seconded by Dehn, approval of the Minutes as
corrected. Motion carried on as-Yes, 2-Absent (Pease, Peek) vote.
PUBLIC HEARING: PRELIMINARY PLAT - FOXBERRY FARMS - SECTION 26 _
CONTRACTOR PROPERTY DEVELOPERS COMPANY
7:02 p.m. Mr. Haas reviewed the proposed preliminary plat of Foxberry
Farms as requested by Contractor Property Developers Company. The plat
is zoned R-4, is in the MUSA and consists of 82 single family urban
residential lots. Variances are requested for Lots 14, 15, 18 and 19,
Block 4 for the l30-foot minimum. A variance is also requested for Lot
17, Block 4, as the principal building does not meet the building
setback. Park land is being dedicated along Coon Creek.
(Commissioner Pease arrived at this time, 7:03 p.m.)
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Mr. Haas also noted the City Council was concerned about providing a
parking lot for the park off of a City Street to be able to park, then
access the proposed trail system. A suggestion was to take Lot 11,
Block 5 for parking, although the developer has met or exceeded the park
dedication requirements. Mr. Haas also indicated the Andover Review
Committee has recommended that 141st Lane NW remain as proposed, that is
access directly onto Hanson Boulevard, for circulation purposes and
access for police, fire and rescue services. The Engineering Department
is concerned with creating an intersection onto Hanson Boulevard at that
location because it would change the traffic patterns in Creek View, Old
Colony Estates and Weybridge to the east. 141st Lane would be used as
a short cut to Hanson Boulevard and generate traffic volumes greater
than what is planned for residential streets. He thought traffic would
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Regular Andover Planning and Zoning Commission Meeting
Minutes - July 26, 1994
Page 2
(Public Hearing: Preliminary Plat, Foxberry Farms, Continued)
exceed 1,000 vehicles a day on 141st, making it a collector street
rather than a residential street. The City would not be able to add stop
signs because it would not meet warrants. The county has not responded
to the proposed intersection; however, they have said they will allow
any access along the system as long as there is adequate site distance
and it doesn't change the run-off pattern.
Commissioner Dehn predicted that knowing the condition of Andover
Boulevard, the residents would be more likely to drive down 141st. Mr.
Haas pointed out the County is planning to overlay Andover Boulevard
east of Hanson Boulevard this summer. It is expected the Jonathan Woods
plat to the immediate east will be completed at the same time.
In discussing the park area, Mr. Haas stated the park land dedication is
almost four acres. There is access to the park along Coon Creek in
three other locations. Again, the Council talked about a parking lot
off Hanson Boulevard so people could park their vehicle near the trail
system. A parking lot, however, would affect the neighborhood.
Commissioner Apel noted a recent Supreme Court ruling against a city for
trying to take more from the plat than the ordinance allowed. If a
parking lot is needed, he suggested it be just south of Lot 11.
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Horner Tomkins, General Manaqer, Contractor Propertv Developers Company
stated that area is where they are doing a lot of their storm water
ponding so it doesn't get into the wetland.
MOTION by Dehn, Seconded by Jovanovich, to open the public hearing.
Motion carried on a 6-Yes, I-Absent (Peek) vote. 7:15 p.m.
Horner Tomkins - was concerned with the variance off Drake Street NW.
The existing residential structure appears to be too close to the
property line. They would prefer to move the property line closer to
Lot 16 to create a greater separation between the two lots. That would
be preferable to varying on Lot 17 and having the house 6 feet from the
property line. Mr. Haas stated he hadn't talked with the surveyor, but
it may be possible to shift the lot lines to make the aD-foot setback
along those lots and eliminate the setback variance.
Mr. Tomkins - stated he has already talked to the surveyor and asked him
to redraw this and submit it to Mr. Haas. After a brief discussion,
the Commission generally preferred to vary from the lot frontage if
necessary than from the sideyard setback on Lot 17.
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Mr. Tomkins - stated they do extensive landscaping in a project. They
will be creating mounds of berm along the perimeters of the property
with sizeable plantings of pine trees. The property will also be fenced
between the property lines and the bermed area. They will want some
monument landscaped entrances to the subdivision. He is aware that the
property south of Coon Creek also has an interior connector street,
which hasn't been a problem in marketing with that traffic flow. His
preference would be to cul-de-sac 141st Lane. But if Staff makes a
recommendation there is a need for the street to be a connector street
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Regular Andover Planning and zoning Commission Meeting
r" Minutes - July 26, 1994
V Page 3
(Public Hearing: Preliminary Plat, Foxberry Farms, Continued)
to serve the other residents, they will respect that decision. Mr.
Tomkins stated he was not aware of the request for a parking lot for the
park. If they had known, they would have taken the initiative in
redesigning the plat. It doesn't work to create a parking lot next to
residents because of the security and noise factors. Just designating
Lot 11 as a parking lot creates a problem with the plat. In correcting
the storm water management area outside of the wetland area, the higher
area south of Lot 11 is the only area in which it can be done. They
would have to reshape the ponding area in order to create some area for
parking. They will look at the impact and the water run-off to see if
they can squeeze some parking area in there. That makes more sense than
having the parking lot on Lot 11. Commissioner Jovanovich asked if the
berming will be all along Hanson Boulevard.
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Mr. Tomkins - stated yes, except for the wetland or drainage areas.
They will try to create a gently rolling berm that varies in heights
with tree plantings and white fences. There are beautiful trees on the
property. They have a forester on Staff, and each builder must work
with the Forester and individual homeowners to try to make sure the
house is located to save trees and that barriers are put around trees to
be saved. The builders are penalized if they or any subcontractor
destroys a tree that was to be saved. They do their best to preserve
areas that are wooded. The houses range in value from $140,000 to
$150,000 along Hanson and Andover Boulevards and from $180rOOO to
$200,000 in areas with significant trees or park areas. He went on that
they have an architect on Staff, and they will look to improving the
existing two residences to conform them with the new property values
next door. They are in the process of determining how much they will
spend in renovating those homes. Again, they would prefer to move the
property line on Lot 17 rather than vary from the sideyard setback for
the existing house. They would rather see a variance on the lot than on
the house.
Mr. Haas again stated it may be possible to move lot lines so all
variances can be eliminated. He also noted the parcel in the northeast
corner of the plat is not in the MUSA. Mr. Carlberg thought the
Metropolitan Council would agree to swap this parcel with other land
already in the MUSA that is not being developed this year. When another
MUSA request is needed, this can be submitted to get it resolved. He
did not think this should stop development because it is only two acres.
Mr. Haas explained the utilities can be put in the plat, but they could
not be used on those two acres until it is included in the MUSA.
Mr. Tomkins acknowledged this, recognizing installing utilities
outside of the MUSA is at his own risk. Commissioner Jovanovich was
concerned with the aesthetics of driving down the major roads and
~~ viewing only the back yards of housing developments, including all their
U storage. She sees that more and more and was concerned about that
because she didn't think it looks good. Mr. Carlberg stated the City
has regulations on exterior storage. That is one of the reasons
developers and residents put up screens and fencing.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - July 26, 1994
Page 4
(Public Hearing: Preliminary Plat, Foxberry Farms, Continued)
Mr. Tomkins - stated they do not allow fences or accessory structures
without their architectural approval. They have a covenant on all lots
that all plans come through his office. They also like to get a
landscaping easement along each of the lots. They typically turn the
development over to a Homeowners' Association after it is 70 to 80
percent sold. Prior to that they do not like to depend on an Association
to keep up the landscaping to the quality they want. They have not yet
submi tted a request for monument signs. Mr. Carlberg suggested the
Commission indicate in the Resolution that they be allowed to request
permits for monuments at a later date. It also sounds as though the
company does what the City's Tree Preservation Plan calls for.
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Tim Duvanev, 1345 141st Lane, Creekview Crossinq - proposed 141st Lane
be made in a cul-de-sac at the end rather than access Hanson Boulevard.
They moved here about a year ago from Able Street in Blaine, which was
three houses off highway 10. They moved to the development where there
isn't 6,000 cars a day coming down their street. They have two
children, plus there are at least a dozen younger children within six or
seven houses around them. The concern is having 1,000 cars coming down
that street each day without having a stop sign along there. It is not
worth it just to alleviate having to drive around. He'd prefer to see
a cul-de-sac. He understood the police and fire would come from the
north, so in all likelihood they would come across on Andover Boulevard
and down. He didn't see a gain by having the access on Hanson
Boulevard. Chairperson Squires noted the police could be responding
from any direction, and fire may be coming from the south as well; so
the 141st access would serve that purpose.
Mr. Duvanev - stated he discussed this with other neighbors, who would
preferred to see the cul-de-sac rather than a collector street. Mr.
Haas stated the street would not meet warrants for stop signs. The
police and fire departments wanted to make sure there was good access
and definitely favored the 141st access. Public Works generally wants
it for good circulation for snow plowing. Mr. Carlberg stated the
Planning Department agrees with Engineering that it should be a cul-de-
sac. Hanson Boulevard is slated to be four lane in the future; and any
future controls would probably be at Andover and Hanson Boulevards.
MOTION by Dehn, Seconded by Jovanovich, to close the public hearing.
Motion carried on a 6-Yes, I-Absent (Peek) vote. 7:42 p.m.
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The Commission discussed the several issues on the plat. It was the
general consensus that 141st Lane should not access Hanson Boulevard
because of the future plans for Hanson to be a four-lane road, thereby
potentially creating a conflict and a hazard for an intersection at
141st Lane by having to cross two lanes of traffic to travel south;
there is a slight rise in the road to the south that might obscure the
view; fog tends to settle at that location quite often which could be a
hazard. The Commission again agreed with the developer to resolve the
variance to Lot 17 for structure setback through a variance to Lot 16 on
lot size.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - July 26, 1994
Page 5
(Public Hearing: Preliminary Plat, Foxberry Farms, Continued)
It was agreed it was not appropriate to ask the developer to provide Lot
11, Block 5, as a parking lot for the park. Chairperson Squires
questioned whether it is the City's policy to accept park dedication
with a storm water retention pond on the corner of the park area plus
the rest being wetland. Mr. Haas explained it is part of the
Comprehensive Plan to preserve the Coon Creek area as a nature park with
walk/bikeway trails. The storm water must be treated before it goes
into the creek. The Staff and the consultants have looked at the
proposal and have no problem with it. The developer may be making the
park more attractive because the storage for water retention may
attract ducks, geese, etc. The Park Board has been very conservative
about not accepting wetland for park; but it is following the
Comprehensive Plan for the trail along the creek in this case.
The Commission then agreed to the following changes to the prepared
Resolution approving the preliminary plat of Foxberry Farms:
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2)
Add Lot 14, Block 4, for variance to the 130-foot minimum as
required in Ordinance 8, Section 6.02.
Add a provision that the developer work with Staff in
realigning Lots 16 and 17, Block 4, to eliminate the
sideyard setback from the principal structure.
Include a provision that l4lst Lane should be a cul-de-sac
at Hanson Boulevard as opposed to a through street.
Include a provision granting a variance on the monument
requirements and allow the developer to corne in for a
Special Use Permit after the fact.
Include a provision that the developer would recognize that
the northwest corner of the plat includes land outside the
MUSA to the extent that the developer wishes to proceed at
his own risk.
3)
4)
MOTION by Dehn, Seconded by Jovanovich, that the Resolution be forwarded
to the City Council as presented with the additions and corrections.
Motion carried on a 6-Yes, I-Absent (Peek) vote. This will be heard by
the City Council at their meeting of August 16, 1994. 7:55 p.m.
PUBLIC HEARING: SPECIAL USE PERMIT - REPAIR GARAGE IN A GB, GENERAL
BUSINESS DISTRICT - 13585 THRUSH STREET NW - RAYMOND BECK
7:55 p.m. Mr. Carlberg reviewed the request of Raymond Beck for a
Special Use Permit to operate a repair garage at 13585 Thrush Street NW,
Lot 1, Block 3, Andover Commercial Park. He noted the applicable
ordinances and criteria to be reviewed when granting a Special Use
Permit. The parcel is owned by Agri-Chem, who has built their business
in Ham Lake; so the City does not have control over the sale of the lot.
The Economic Development Committee recommended to the Economic
Development Authority that this use should be allowed. The Commission
did not recommend hours of operation for a similar use kitty corner from
this parcel, feeling the City had other ordinances that would apply.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - July 26, 1994
Page 7
(Public Hearing: Special Use Permit/Repair Garage/Beck, Continued)
MOTION by Apel, Seconded by Jovanovich, that the Andover Planning and
Zoning Commission recommend to the City Council approval of the Special
Use Permit request by Raymond Beck to operate a repair garage at 13585
Thrush Street NW. The proposed use has no ill effects on the health,
safety, morals and general welfare of the occupants of the surrounding
lands. The existing and anticipated traffic conditions will not be
unsafe. It will not effect the values of the property in the
surrounding area, and it is in compliance with the Comprehensive Plan.
A public hearing was held and there was no opposition. The Special Use
Permit will have the following conditions:
Subject to the sunset clause.
Subject to an annual review.
The applicant must secure a Hazardous Waste Generator's License
from Anoka County.
The site will be subject to the requirements of Ordinance 8
regarding parking.
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Motion carried on a 6-Yes, I-Absent (Peek) vote. The item will be heard
by the City Council at their August 16, 1994, regular meeting. 8:18 p.m.
OTHER BUSINESS
Mr. Carlberg updated the Commission on the City Council's actions at
their July 19 meeting on those items forwarded to them by the
Commission.
MOTION by Dehn, Seconded by Apel, to adjourn. Motion carried on a 6-
Yes, l-Absent (Peek) vote.
The meeting was adjourned at 8:23 p.m.
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Marcella A. Peach
Recording Secretary
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Regular Andover Planning and Zoning Commission Meeting
Minutes - July 26, 1994
Page 6
(Public Hearing: Special Use Permit/Repair Garage/Beck, Continued)
The intent would be to have as little exterior storage as possible.
When this business, Northtown Automotive, was operating at the Northtown
shopping Center, there was no exterior storage.
Commissioner Putnam wondered if the Comprehensive Plan addressed the
saturation of automotive uses in this vicinity. Mr. Carlberg explained
the intent of the Tax Increment Financing District is to redevelop the
junkyard areas and attempt to attract more appropriate businesses, and
that is addressed in the Comprehensive Plan. There is a concern on the
number of automotive related businesses in the area; however, the
Council has said if these businesses are conducted properly, they would
be considered appropriate uses.
MOTION by Dehn, Seconded by Apel, to open the public hearing. Motion
carried on a 6-Yes, I-Absent (Peek) vote. 8:06 p.m.
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Rav Beck. owner of Northtown Automotive - has been the owner for 10 1/2
years at the Northtown Shopping Center. He ran a clean business with no
dismantling of cars. He has to move because he was renting the space
from Woolworth. When they left, his lease was not renewed; and now Best
Buy has taken his spot to install car stereos. He has all the permits
and had complied with EPA rules and regulations until the end of last
month when he left Northtown. He had no problem with the mall owners or
tenants. He worked on all the maintenance trucks, security trucks and
personal vehicles of the people in the management office. The only time
he had cars outside was when people dropped their cars off after hours
and placed their keys in the key drop box. In extremely cold weather he
may have had 25 to 30 cars at his building, but that is the only time.
Most vehicles are completed at the end of the day. The building will be
capable of holding eight cars at one time. He is proposing an eight-bay
garage. At Northtown he had seven bays with five lifts. He proposed to
operate from 7 a.m. to 6 p.m. during the week so people can drop cars
off on the way to work. He thought the hours on Saturday would be 8 to
noon or 2 p.m. At Northtown it was 8 to 4 p.m. because of the other
businesses. He would not be open on Sundays.
Mr. Carlberg stated he received no response as a result of mailing the
public hearing notices.
MOTION by Dehn, Seconded by Jovanovich, to close the public hearing.
Motion carried on a 6-Yes, I-Absent (Peek) vote. 8:13 p.m.
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Commissioner Dehn acknowledged the City does not want to see the whole
area saturated with auto repairs, but this is a very valuable resource
for the residents. This also differs from the one just kitty corner as
this is nearly total repair and the other one is more specialized. Mr.
Beck stated he is strictly mechanical with no body work. Commissioner
Putnam approved of the proposal, stating there is a need for auto repair
service in Andover. The Commission again felt there are ordinances to
govern any problems that would arise out of hours of operation and chose
not to regulate them in the Permit. This is a commercial district,
which does not have the same concerns as in a residential area.