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HomeMy WebLinkAboutJanuary 12, 1993 o (>I..~L.cl ~ ~ \...J ~ l' - " 0ltD.1 ~~ ~ 0' CA CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JANUARY 12, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bonnie Dehn on January 12, 1993, 7:32 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Bev Jovanovich, Marc McMullen Steve Jonak, Becky Pease, Randy Peek City Engineer, Todd Haas City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES December 22, 1992: Correct as written. MOTION by Jovanovich, Seconded by Apel, approval of the Minutes. Motion ~, carried on a 4-Yes, 3-Absent (Jonak, Pease, Peek). o PUBLIC HEARING: PRELIMINARY PLAT - TIMBER MEADOWS, WOODLAND DEVELOPMENT COMPANY, INC. 7:33 p.m. Mr. Haas reviewed the preliminary plat of Timber Meadows which consists of 25 single family rural residential lots. The Andover Review Committee is recommending Poppy Street NW extend south from l68th Lane to l67th Lane. Without it, l67th Lane would exceed the maximum length. In addition, the Fire Department believes the inclusion of Poppy Street would considerably reduce response time when responding from Station #2. The existing buildings on Lot 8, Block 3 will eventually be removed. Variances will be required on Lots 4 and 5, Block 4, as they do not meet the minimum acreage requirements. They do meet the 300-foot frontage and 39,000 square-foot requirements. Another variance is needed for minimum frontage on Lot 13, Block 3. Staff is recommending approval of the variance since no cuI de sac will be constructed on the end of l67th. Lot 14, Block 3 will also require a variance from Ordinance 10, Section 9.02C to allow it to front on a designated State Aid road. The Park Board is recommending cash in lieu of land for park dedication. Chairperson Dehn opened the hearing for public testimony. (J Bvron Westlund, Woodland Development - stated the lot sizes on Lots 4 and 5, Block 4, were changed to save a number of trees. In reference to the Staff recommendation to extend Poppy Street to the south, Mr. Westlund noted at the sketch plan stage they were asked to have a street go through between Round Lake Boulevard and Tulip. They did that. To add Poppy Street would be an additional expense. If they put / , J Andover Planning and zoning Commission Minutes - January 12, 1993 Page 2 (Public Hearing: preliminary Plat - Timber Meadows, Continued) it in, he asked if the Planning Commission would grant the variances on two or four of the lots from the square footage requirements, since the total area of the lots would be reduced. Commissioner Apel felt that the developer met the City's first request by eliminating the cul-de-sacs and extending the street. Now the City is asking for another street connection. If that street is necessary, he felt the developer is entitled to the variances. The Commission asked about the proposed construction of l65th Street. Mr. Haas stated it is still designated as an MSA street; however, it is too costly to construct. As the property to the south develops, they will look at it to be sure it all fits together. Kevin Zitzow, 3290 169th Lane NW - stated there is a ridge with a row of pine trees eight feet high at the boundary line of this plat and prairie Meadows. He asked if those will be removed and about the drainage in the area and into his lot. Mr. Westlund reviewed the Tree Preservation Plan for the plat. The only trees to be removed will be those within the right of way of the roads; those in question along the property lines will probably remain. He also reviewed the drainage, stating that portion going to the north will do so through ground percolation. The areas will be left at the same elevations as they are now. Debbie Olson, 3295 169th Lane - wondered if the storm sewer area and culvert under her road will handle all the additional drainage. Mr. Westlund stated the area draining to the north is relatively small. It drains there normally now. Mr. Haas stated it might rise a little but will eventually settle to the normal elevation. Richard Rammer, 3344 169th Lane NW - asked if the speed limit will be 55 mph because it is a rural area. Mr. Haas stated yes, but there might be some warning signs for the curves. Mr. Rammer - asked why the speed limit can' t be reduced now. He expressed great frustration at the problem of high speeds on 169th and over the apparent inability of any governmental body to do anything about it, caring for the safety of the children in that area. They have seen a lot more traffic since the portion of Tulip has been blacktopped. Mr. Haas explained the City has no control over the speed limits, and the State will not establish it until after the road is constructed. I Mr. Rammer - asked if speed bumps could be put in, as he felt the speed problem should be addressed prior to the people moving ~n. Mr. Haas stated the City does not use speed bumps because of the liability issue. He suggested residents work with their State representatives on the speed limit issue. Discussion continued on the speeding problem in that vicinity and on the proposed future upgrading of Tulip down to 161st. Russell McGarv, 16933 tulip Street - asked if Tulip will be paved past his lot. Mr. Haas stated the Road Committee has discussed the possibility of paving it just past Kob's Addition, but it will not happen this summer. , ) , \~ Andover Planning and Zoning Commission Minutes - January 12, 1993 Page 3 , / (Public Hearing: Preliminary Plat - Timber Meadows, Continued) The Commission discussed the recommendation to extend Poppy Street south to 167th and the resulting variances. It was generally agreed that because the City is asking for that extension, that the variances of lot sizes should also be granted. Because the extension would allow a faster response time for emergency vehicles, the Commission agreed to the extension and to the resulting variances on Lots 4 and 11 for minimum lot sizes. Mr. Westlund stated they would be willing to put in the extension of Poppy Street with the granting of those variances. MOTION by Apel, Seconded by McMullen, to close the public hearing. Motion carried on a 4-Yes, 3-Absent (Jonak, Pease, Peek) vote. MOTION by McMullen, Seconded by Apel, that we accept the preliminary plat of Timber Meadows and allow the variances of Lots 4 and 5 of Block 4, from Ordinance 10, Section 9.03. On Block 3, Lots 4 and 11, allow the variance with Poppy Street continuing down to 167th Lane according to Ordinance 10, Section 9.03; a variance on Lot 13, Block 1 for lot frontage per Ordinance 10, Section 9.06 a(3); and a variance on Lot 14 from Ordinance 10, Section 9.02C because it will have to front on Tulip. A public hearing was held; there was no opposition to the plat. Motion carried on a 4-Yes, 3-Absent (Jonak, Pease, Peek) vote. This will be on the February 2, 1993, City Council agenda. 8:07 p.m. , / PUBLIC HEARING: REZONING-ECHO RIDGE, TONY EMMERICH CONSTRUCTION, INC. 8:07 P.M. Mr. Carlberg reviewed the request of Tony Emmerich Construction, Inc. to rezone the property between Hanson Boulevard NW and Jay Street NW from I to R-4. The request appears to meet all of the criteria, though it is not compatible with the Comprehensive Plan. Staff is recommending approval. The proposed plat on this land also includes a vacating of a portion of Jay Street when Commercial Boulevard is constructed. Staff would like to see that closed to avoid the mix of commercial and residential traffic on Jay Street. Chairperson Dehn opened the hearing for public testimony. Julie Prazak, 13342 Humminqbird - had several questions about the trees and building on the lots to their north. The Commission suggested these be addressed at the time of the preliminary plat, the next agenda item. Mrs. Mardous, 13350 Hanson Boulevard - asked about the screening that will be between the residential and industrial property. Mr. Carlberg stated the ordinance calls for setback requirements, fencing and landscaping, and possibly some berming. Again the Commission suggested these items should be addressed during the next agenda item. , / Sue Hurst, 13440 Jav Street NW - asked where Commercial Boulevard will be located, the size of the road, etc. Staff noted the proposed location is along the boundary between the industrial and residential property. It will be four lanes with turn lanes. / , / Andover Planning and Zoning Commission Minutes - January 12, 1993 Page 4 (Public Hearing: Rezoning - Echo Ridge, Continued) Ms. Hurst - stated in the past the City has stated it does not have enough industrial property. This rezoning takes land out of industrial and reduces the tax base. Also, the commercial road is designed to handle commercial traffic; but only one side of it will be industrial. She questioned the City's reasoning on this matter. Staff explained the location of Commercial Boulevard is designed to be the buffer between the industrial and residential areas. All areas to the north of that road will be industrial. Presently there is not a great demand for industrial property in Andover, and the people interested in the property in question want to develop residential. Commissioner Jovanovich agreed with Ms. Hurst, that the City does not have that much commercial property and that which is already zoned industrial should not be changed to residential. The property is close to Hanson Boulevard, a major road; and she felt the City may need more industrial land in the future. MOTION by McMullen, Seconded by Jovanovich, to close the public hearing. Motion carried on a 4-Yes, 3-Absent (Jonak, Pease, Peek) vote. I MOTION by McMullen, Seconded by Apel, the Planning and Zoning Commission recommend the granting of the rezoning request of Tony Emmerich Construction, Inc., to rezone property to be known as Echo Ridge from I, Industrial, to R-4, Single Family Urban. Motion carried on a 3-Yes (Dehn, Apel, McMullen), I-No (Jovanovich), 3-Absent (Jonak, Pease, Peek) vote. This item will be on the February 2, 1993, City Council agenda. 8:27 p.m. PUBLIC HEARING: PRELIMINARY PLAT CONSTRUCTION, INC. ECHO RIDGE, TONY EMMERICH 8:27 p.m. Mr. Haas reviewed the proposed preliminary plat of Echo Ridge which consists of 55 single family urban residential lots and 1 industrial lot located between Hanson Boulevard and Jay Street. Staff is making the following recommendations: * The existing homes on Lot 9, Block 1 and Lot 2, Block 2 be upgraded to meet the Uniform Building Code and applicable City ordinances plus be connected to municipal sanitary sewer and water. * Jay Street be closed when Commercial Boulevard is constructed and the right-of-way located in a portion of Lot 1, Block 1, be vacated. * The developer and owner of Roger's Auto Body negotiate so that Outlot A becomes the ownership of Roger's Auto Body, which gives Roger's the ability to front on the future l36th Avenue NW (Commercial Boulevard) and to create a lot separate from the business on Hanson Boulevard. * The developer negotiate with Andover Wheel and Frame to eliminate the remnant lot located between l36th Avenue, Lot 31, and the NSP easement. '- ) \-..J Andover Planning and Zoning Commission Minutes - January 12, 1993 Page 5 , / (Public Hearing: Preliminary Plat - Echo Ridge, Continued) * Variances for Lots 10, Section 9.06 (f) will be caused by Boulevard) . 1, 11, 12, 13, 20, and 21 of Block 1 from Ordinance for lots with fronts and backs onto streets which the construction of 136th Avenue (Commercial The Park and Recreation Commission will be considering a recommendation for park dedication at their January 21, 1993, meeting. Mr. Haas noted the Fire Department is not in agreement with the Staff on the proposed closing of Jay Street. He thought a consideration may be to have a "green space" across the cul-de-sac for emergency vehicles only with posts that could be knocked down by such vehicles, but more research should be done on that. Chairperson Dehn opened the hearing for public testimony. Kurt Hurst, 13440 Jav Street - was concerned about fire and police response to his area if Jay Street is closed from access from Bunker Lake Boulevard. He felt it would be longer because of having to go south before coming north again to their location. Staff explained the reason for the proposal is to eliminate the commercial traffic on Jay I Street south of the Commercial Boulevard. They noted the informal survey done by Mr. Smith which indicates a high commercial traffic volume there now, the thought being it would get worse once Commercial Boulevard is constructed. Staff also felt the response time would increase only slightly, as the emergency vehicles could come down to 133rd from either Hanson Boulevard or Crosstown Boulevard, across to Jay Street, and north to their area. They also thought the possibility of a "green space" with collapsible posts may be an option to allow access of emergency vehicles to that residential area from Bunker Lake Boulevard. Mrs. Mardous, 13350 Hanson Boulevard - asked about the kind of buffer between the industrial and residential areas south of Lot 31. She was concerned about having the trees destroyed. Mr. Carlberg explained the ordinance requirements for screening. The Tree Protection Plan and Commercial Site Plan will also indicate the landscaping, trees to be saved, etc. The City tries to protect the different uses through the ordinances. Mr. Haas stated the Staff has verified that the Mardous parcel, which will not be connected to municipal sewer and water, does meet the 39,000-square-foot requirement. Mrs. Darbra Cater, 13343 Humminobird Street - was concerned about the drainage to the pond directly behind their house, as quite often in the summer they get a lot of water backed up into their yard. Mr. Haas explained the storm drainage has been calculated so the yards will not I be flooded. That pond has been designed for considerably more runoff than from this plat. They may get some water, but eventually it will go to the elevation of the pipe or lower. j / Andover Planning and Zoning Commission Minutes - January 12, 1993 Page 6 (Public Hearing: Preliminary Plat - Echo Ridge, Continued) Ms. Cater - asked how far north will the pipe be put into the ground, as they have a lot of large oaks right along the border of their property which they would not like to see destroyed. Mr. Haas stated the City does have a drainage and utility easement along their property. Mr. Emmerich stated there should be no reason why the oaks would be destroyed. He is willing to move the pipe to their side of the easement to protect the trees. Mr. Haas stated they will make their best effort to save the trees. Mrs. Mardous - asked who is paying for Commercial Boulevard. Mr. Haas stated they will not be assessed for the road. The sources of funding could be the Tax Increment Financing Funds, Municipal State Aid Funds or assessments along the road itself. That has not been specifically determined. The specifics of that road will be known within two to four weeks after the feasibility report and all appraisals are completed. Julie Prazak, 13342 Humminqbird Street - asked if the existing fire hydrant and street light will remain. Mr. Haas stated most likely. Discussion again returned to the issue of emergency response to the area if Jay Street is closed off. The Commission was inclined to agree with the closing to eliminate the commercial traffic in the residential area if a green area can be allowed for emergency access only, as it was felt there should be an emergency access from the north. Mrs. Cater - asked about the truck traffic during the construction of the development. They also keep getting a lot of garbage in their yard during construction. Mr. Emmerich stated it would be mainly from Jay Street. They also have a silk control plan that will be implemented during construction to eliminate debris, etc., in the neighboring yards. There being no further testimony, Chairperson Dehn asked for a motion to close the public hearing. MOTION by Jovanovich, Seconded by Apelr to so move. Motion carried on a 4-Yes, 3-Absent (Jonak, Pease, Peek) vote. MOTION by McMullen, Seconded by Apel, that the Planning and Zoning Commission recommend approval of the preliminary plat of Echo Ridge including all of the comments and concerns of the Staff and the variances on Lots 1, 11, 12, 13, 20, and 21 of Block 1 from Ordinance 10, Section 9.06(f). The Commission decides that Jay Street is to be vacated. The Planning and Zoning Commission would like to see that vacation put into a green space for emergency vehicles to cross over, especially fire or police. A public hearing was held. Motion carried on a 3-Yes (Dehn, Apel, McMullen), 1-No (Jovanovich), 3-Absent (Jonak, Pease, Peek) vote. Commissioner Jovanovich felt the plat looks all right to her, but she voted no because she is against the rezoning. This will be on the February 2, 1993, City Council meeting. 8:52 p.m. , ) , , " Andover Planning and Zoning Commission Minutes - January 12, 1993 Page 7 PUBLIC HEARING: SPECIAL USE PERMIT - RETAIL TRADE AND SERVICES (GROCERY STORE) IN INDUSTRIAL DISTRICT, 3131 161ST AVENUE NW, ABE BARGHOUT 8:52 p.m. Mr. Carlberg reviewed the Special Use Permit request of Abe M. Barghout to operate a convenience store located at 3131 161st Avenue NW. Staff feels the use would provide a service to the area residents. It would increase the traffic flow onto 161st Avenue, but parking facilities would be located on site and would be required to meet the Zoning Ordinance. It would have a positive effect on the property values in the area and is consistent with the Comprehensive Plan. Chairperson Dehn opened the hearing for public testimony. none. There was Discussion was on the possibility of outlining hours of the operation. Abe Barqhout - thought he would be open from 5 a.m. to 10 p.m. After some discussion, the consensus was that because this is in an industrial area with no nearby residents, the operator should be allowed to set his own hours of operation. Discussion was also on the number of parking stalls. Mr. Carlberg stated the number will be determined by the ordinance, and they will need to be stripped. The entire parcel can be used, so there should not be a problem. Mr. Barghout also stated as a part of the lease, parking in front of the liquor store will also be available. Mr. Carlberg recommended the Building Official inspect the site for compliance to the Uniform Building Code. MOTION by Jovanovich, Seconded by Apel, to close the public hearing. Motion carried on a 4-Yes, 3-Absent (Jonak, Pease, Peek) vote. MOTION by Jovanovich, Seconded by Apel, that the Andover Planning and Zoning Commission accept the resolution to grant the Special Use Permit request of Abe Barghout to operate a convenience store at 3131 161st Avenue NW with the conditions as listed, adding No.3, that it be inspected by the Building Official; and No.4, that it meets the zoning Ordinance, Section 8.08, parking facilities. There was a public hearing and there was no opposition. Motion carried on a 4-Yes, 3-Absent (Jonakr Pease, Peek) vote. This will be on the February 2, 1993, City Council agenda. 9:09 p.m. VARIANCE: ORDINANCE 10, 9.06a(3), 39,000-SQUARE-FOOT REQUIREMENT FOR A BUILDABLE LOT - 17539 FLINTWOOD STREET NW, TWIN STAR HOMES, INC. ~~Pll~ "- Mr. Carlberg requested the item be tabled. MOTION by Apel, Seconded by McMullen, to table per Staff request. Motion carried on a 4-Yesr 3-Absent (Jonak, Pease, Peek) vote. / / / , Andover Planning and Zoning Commission Minutes - January 12, 1993 Page 8 DISCUSSION: TOWING SERVICES Mr. Carlberg asked if the Planning Commission would like to hold a public hearing on the issue next time it is discussed. He has not received informatio~from the League of Minnesota Cities on the issue; but in talking to 8rd~cities, such uses are allowed in the industrial area. If it is to be allowed, it makes sense to allow it by Special Use Permit. The Commission should then determine what types of conditions would be required. MOTION by Apel, Seconded by Jovanovich, that we table the discussion on towing services and have Staff schedule a public hearing on January 26, 1993. Motion carried on a 4-Yes, 3-Absent (Jonak, Pease, Peek) vote. OTHER BUSINESS Chairperson Dehn reported Jeff Kieffer, Park and Recreation Commission Chairperson, has informed her there is a serious problem of abuse with snowmobiles in the Kelsey-Round Lake park. After some discussion, the Commission felt the regulations are already in place. The problem is one of enforcement, though it may be necessary in the future to limit even further the snowmobile use in the City. No further action was taken. Mr. Carlberg reported the ruling of the Meister lawsuit was not in favor of the City, as the Finding indicated a flaw in Section 8.02 of the Zoning Ordinance. Staff will be proposing a change to that section to clarify it. Mr. Carlberg also stated an individual has made a request for an indoor small-caliber handgun shooting range. The ordinance does not address it, and the Attorney's opinion in the past has been that it is then not allowed. The Commission generally agreed that the City should not do anything that would promote the hand gun problem and felt it should remain an excluded use. There being no further business, Chairperson Dehn declared the meeting adjourned at 9:25 p.m. Respectfully submitted, t~~~ Recording Secretary