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HomeMy WebLinkAboutSeptember 14, 1993 o u ') '----./ ~ CITY of ANDOVER Regular Planning and zoning Commission Meeting September 14, 1993 The Resularly Scheduled Andover Planning and zoning Commission meeting was called to order by Chairperson Bonnie Dehn at 7:30 p.m., Tuesday, September 14, 1993 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, MN. Commissioners Present: Commissioners Absent: Also Present: putnam, Jovanovich, Apel, Peek, Squires Pease Dave Carlberg, City Planner; Todd Haas, Assistant City Engineer; others At this time, Chairperson Dehn introduced Jerry putnam, a new member of the Commission. Approval of Minutes - August 24, 1993 Mr. Carlberg noted that in the discussion regarding the propane tank for Total Mart, the first paragraph should say "cars on the edge of the parking lot along Crosstown" so that it doesn't sound ,-, like cars are parking on Crosstown Drive. I '-..J MOTION by Apel, seconded by Jovanovich to approve the minutes of August 24, 1993 as amended. Motion carried unanimously. Public Hearin /Amended S ecial use Permit/Pro ane Stora e Tank/ Q-M1 west/Tota Mart Mr. Carlberg explained that this item had been tabled at the August 24th meeting to allow staff to research several items. The first item was whether the propane tank would be allowed within a setback. Mr. Carlberg noted that the city does allow bulk storage tanks within the required building setback line. The tank is considered temporary and is not required to meet the building setback. o Commissioner Squires stated that at the last meeting berming was discussed. He questioned whether berming would be allowed within the setback. Mr. Carlberg n0ted that it is allowed. hr further stated that the other 'item was the availability of the parking in the area. He reported that there appears to be a surplus of parking staffs on the northern part of the site. Staff does not recommend eliminating any of the parking spaces for the service station protion of the building. Relocating the tank to the northern part of the site is not advisable as it would not be visible from the register ar~a of the store. He also noted that the parking stalls are 9'x18' and our current ordinance requires them to be 10'x18'. If they were to restripe the parking lot, the stalls would need to be 10'x18'. Staff at this time cannot recommend approval of the Amended Special use Permit. , ) \ ~J i Regular Planning Commission Meeting September 14, 1993 - Minutes Page 2 (Amended Special Use Permit, Cont.) John Cross, Natroaas, asked if a smaller tank would Mr. Carlberg note that the size of the tank is not the problem is with the traffic flow. Doroth Ritz, 2365 Commerce Boulevard, Mound, Q-Midwest questioned w et er t e nort portlon 0 t e slte Just sout 0 t e entrance would be an acceptable location. She explained that at their other locations, only 5% of the propane business is RVs. Mr. Carlberg felt that the first site is better. be better. the problem; Ms. Ritz noted that they have done tank exchanges in the past, which would eliminate the storage tank. However, tank exchanges are very expensive both for them and the consumer. The reason for the 1000 gallon tank is economics. They could, however, go with a 500 gallon tank. She noted that the only other area they looked at is the east side of the site. Mr. carlberg stated that there are four parking stalls on the east side and he would not like to see them lose any parking spaces. Commissioner Apel felt that the major concern is safety and that has not been addressed to his satisfaction. At this time he could not recommend approval. Commissioner Peek stated that the concern is not with the proposed use, but with the configuration of the site. No matter what Total Mart does, traffic problems will be created. Ms. Ritz explained that during their grand opening, they had an 1S-wheeler parked where they propose to put this tank and it did not interfere with the pumps. Chairperson Dehn stated that her concern is the traffic on Cross- town and Bunker. At this time we're talking about the tank being 30' from Crosstown. She asked what the State requirements are for distance from a street. Mr. Carlberg noted that would be the jurisdiction of the Fire Marshal. A permit for the tank from the State is also required. John Cross explained that they have numerous sites in the State, one being in Royalton where the tank is in the right-of-way of Highway 10. They also put a 2000 gallon tank at the intersection of Highways 23 and 25 in Foley. They will do everything in their power to ensure that no one hits the tank. They have insurance to cover it in the event it is hit and their employees are trained in the operation of the tank and are also given a video for their use. Commissioner Jovanovich didn't feel comfortable with the tank being located in the corner of the site because of the traffic on Crosstown and Bunker. / Chairperson Dehn asked if Staff would change their recommendation if the tank were moved to the southern portion of the site. Mr. Carlberg stated that he would like to see more drawings and have the Fire Marshal look at it also. '- ) Regular Planning Commission Meeting September 14, 1993 - Minutes Page 3 MOTION by Apel, seconded by Jovanovich to close the public hearing. Motion carried unanimmously. ,_/ MOTION by Ape1, seconded by Peek that the Andover Planning and Zoning Commission recommend to the City Council approval of the Amended Special Use Permit recommended by Q-Midwest for the construction and placement of a propane tank for the purpose of dispensing propane for the following reasons: 1) we discussed very vociferously the health, safety and welfare aspects of it, especially the safety. It is my opinion that if we move it south closer to Bunker Lake on a site that shall be reviewed by the City Planning Department and City Fire Marshal to make sure that the site conforms with all the necessary setbacks we will have resolved the safety factor. There was a public hearing held; there was no opposition from the floor. Make note also that the staff was not in favor of the Special Use Permit as presented; however, with the change perhaps they will change their mind. The applicant will provide exact drawings to staff so that they can have the County look at the sight lines. Motion carried on a 4 yes (Peek, Apel, Squires, Putnam), 2 no (Dehn, Jovanovich) vote. This will go to the City Council on October 5, 1993. Public Hearing/skecial Use Permit/Accessory Structure/17395 Hanson Boulevard NW/Dir Fenna Mr. Carlberg noted that this is a Special Use Permit for the construction of an accessory structure prior to the construction of a principal structure on the property at 17395 Hanson Boulevard NW. This is a 17 acre site and the applicants are proposing a 40'x60' pole building quite a distance from Hanson Boulevard. The lot is zoned R-1, single family rural. The building will be for storage purposes. The applicant has stated that they would build the principal structure within a 3 year period. Mr. Carlberg stated that he met with the Building Official on the time frame and he stated that a 3 year period is not a reasonable time period. A one year time period is more reasonable. The ones we have done have all had a one year time period. At this time Chairperson Dehn opened the public hearing. Commissioner Apel felt that we have a problem with the three year time period. He asked the applicant if he would go with a one year time period. The applicant asked if two years would be satisfactory. Commissioner Apel stated no, a one year time period is the maximum. Max Fenna asked how much of the principal structure had to be completed at the end of that one year. Mr. Carlberg noted that it does not need to be complete, it just needs to be started. Mr. Fenna stated that he could live with the one year period. , / , , ) Regular Planning Commission Meeting September 14, 1993 - Minutes Page 4 Brad Majerle, 17582 Hanson Boulevard was concerned that the pole building would not become an eyesore. He noted that they have put up a fence and are painting it right now so they are taking measures to keep the property looking nice and he hopes they keep it that way. MOTION by Peek, seconded by Apel to close the public hearing. Motion carried. MOTION by Squires, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council approval of a Special Use Permit requested by Dirk Fenna for the construction of an accessory structure prior to the construction of a principal structure on the property located at 17395 Hanson Boulevard NW. A public hearing was held and there was no opposition. The Commission finds that the request meets the criteria established in Ordinance No.8, Section 5.03, including: 1) the use will not be detrimental to the health, safety, morals, or general welfare of the community; 2) the use will not depreciate the surrounding property; 3) the use will not cause serious traffic congestion or hazards; 4) the use is in harmony with the Comprehensive Plan. The Commission also finds that the use meets the provisions specified in Ordinance No.8, Section 4.05, Accessory Structures. Approval of the request is contingent upon the following conditions: 1) the applicant place the structure in accordance with the minimum setback requirements of the designated zoning district; 2) the applicant place the structure so as to accommodate the future placement and construction of a principal building; 3) the principal structure be constructed within a one year period of the approval of the Special Use Permit by the City Council; 4) the Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(0). Motion carried on a 5 yes (Jovanovich, Squires, Dehn, Apel, Putnam), 1 no (Peek) vote. This will go to the City Council on October 5, 1993. Public Hearing/preliminary Plat;Wittington Ridge/Ashford Development Corporation Todd Haas, Assistant City Engineer reviewed the request noting that the property is located at 155th and Nightingale Street which is zoned R-1, which would allow for this proposed development, consisting of 21 single family lots. The Andover Review Committee remarks are as follows: The proposed plat is currently not within the Metropolitan Urban Service Area; however, a portion of the proposed plat could be served with gravity sanitary sewer. The developer will be responsible to obtain all necessary permits, including the DNR, LGU, MPCA, etc. The Andover Review Committee is concerned with the two proposed locations of the proposed streets. The developer is proposing to extend the road to the west end of the property line. The Review Committee is concerned with the length of the street as it is over '- // \ '.J Regular Planning Commission Meeting September 14, 1993 - Minutes Page 5 the 500' requirement. The City Councii looked at this last week because if a street is built south to Nightingale Estates, the City would be responsible for a portion of the construction costs and they don't feel that would be fair to the residents. Council is looking at a permanent cul-de-sac. Mr. Haas also noted that there is a parcel approximately 12 acres in size owned by Gary Sather that could develop into 2.5 acre lots and the Review Committee feels it is in the best interest of the city to serve this parcel with a street. The Review Committee also expressed concern with the floodplain or flood hazard area. The developer is required to comply with the requirements of the Water Resource Management Plan. The areas of concern should be able to be resolved however. There is also some technical information that is not provided on the plat but the developer can provide this to the city. Chairperson Dehn asked how long it will be before this property is in the Urban Service Area. Dave Carlberg stated that to the year 2010 this property is not included in the MUSA. Commissioner Peek questioned the signage. Mr. Carlberg explained that the Special Use Permit for the monument signs must be applied for at the time of application for the Preliminary Plat. The developer failed to do this. The Commission will need to address this issue. / Commissioner Squires asked what staff is suggesting as far as the elevations along the ditch. Jerr Windschitl, Ashford Develo ment felt that this issue has been so ve. T e Coon Cree Waters e District has the profiles for the ditches in their possession. He also noted that the Watershed has approved the plat. As far as the Special Use Permit for the sign is concerned, Mr. Windschitl noted that this will be a first class development and they made an error in not applying for the permit and would like to be able to do so. At this time, Chairperson Dehn opened the public hearing. Jerr Windschitl, 3640 - 152nd Lane N.W. explained that the varIance or t e ots t at ave ' an 200' of frontage is because of the Water Resources Plan. Council had some concern because one of the lots would have property on both sides of the ditch. Commissioner Peek asked if Lot 4, Block 3 is buildable on both sides of the ditch. Mr. Windschitl stated that it is but the ditch would have to be rerouted. He also noted that the Tree Preservation Plan was submitted with the preliminary plat. Dan Johnson, 2165 - 155th expressed concern that any realignment of the ditch would have an affect on the pond on his property. Commissioner Apel explained that this is part of the Water Resource Plan and the city cannot dump water or change elevations on someone else's property. The Watershed District will provide the developer with elevations they cannot exceed. Ken Slyzuk, 15211 Nightinrale Street NW asked where the excess runoff from this plat wil go. When Mr. Windschitl was the Mayor he and the city did all they could to stop the cleaning of that ditch. \ '- ) ,j Regular Planning Commission Meeting September 14, 1993 - Minutes Page 6 (Wittington Ridge, Cont.) Mr. Slyzuk asked if the city has any way to warn the people buying the houses in this plat what the land around it is zoned, that being agricultural. Chairperson Dehn explained that there is a disclosure that would be between the developer and the buyer. She asked Mr. Haas if this needs to go back to the Watershed District. Mr. Haas replied that it does not. Richard Fuller, 13948 prairie Road noted that he represents a group who has requested an Environmental Assessment Worksheet be done on the next item (rezoning requested by Mr. Windschitl). He felt that one should be done on this project also. Mr. Windschitl advised the Commission to have City Attorney check on the requirement for an EAW. He also felt that Mr. Fuller's comments are not appropriate for this discussion. Dave Grorud, 14545 Palm Street questioned whether the Comprehensive Plan would allow this project. He also asked what it being done for the safety of the children. Mr. Windschitl explained that the Park Board determines whether a developer donates cash or land for a park. MOTION by Apel, seconded by Jovanovich to close the public hearing. Motion carried unanimously. I Chairperson Dehn noted that her concerns are with the drainage and the agricultural preserve areas surrounding the plat and also the signage. Commissioner Apel felt that the following items need to be done: apply for the Special Use Permit for the sign; resolve the technical problems on the plat and suggest that the City Council be aware that we should come up with a disclosure. MOTION by Apel, seconded by Peek that the Andover Planning and Zoning Commission recommend to the City Council approval of the preliminary plat known as wittington Ridge, being developed by Ashford Development Corporation with the following conditions: 1) a variance be granted for Lot 5, Block 3 because the new wetland legislation Concentrates more on avoidance than mitigation; 2) that the boundary line between Lots 4 and 5, Block 3 be redrawn so that the lot doesn't have property on both sides of the ditch; 3) access to the Sather property recommended by staff be followed; 4) that the developer be allowed to apply for a monument sign in spite of his failure to do so earlier; 5) all the technical problems must be resolved with the city engineering staff and any other interested parties; 6) cul-de-sacs should be constructed to access Lots 6 and 7, Block 3 and Lots 7 and 8, Block 2; 7) a variance be granted for the length of the cul-de-sac as recommended by City Staff. The Commission discussed very carefully the fact that some sort of disclosure should be made to people purchasing land near agriculatural practices. . It should be noted that the Coon Creek Watershed District has recommended that a more detailed hydro- logical analysis be made of future plats regarding their affect on both residential and agricultural lands. , j '-J Page 7 A public hearing was held. 7here was some opposition to the plat, largely regarding the ecological aspects of it. Discussion: to the ci ty is provided Commission. Todd Haas noted that the Water Resources Plan is new and we have to make sure that all of the information prior to the time the plat comes to the Planning Vote on Motion: 5 yes (Dehn, Peek, Squires, Putnam, Apel), 1 no (Jovanovich) vote. Motion carried. Commissioner Jovanovich stated that she voted no as she would like to see further ecological studies done on the property. Recess 10:20 - Reconvene 10:25. Public Hearing/Rezoning/Ashford Development Corporation Mr. carlberg reviewed the rezoning request from R-1 to R-4, noting that a portion of the property is Crown Pointe. The property will be served by sanitary sewer and water. The Comprehensive Plan shows this property to be in the 1990-1995 time period. If the Metropolitan Council denies our request to include this property in the Metropolitan Service ~rea, then the property will have to be developed into 2.5 acre lots. An Environmental Assessment Worksheet is required on developments exceeding 250 unattached units; therefore, this plat would not require an EAW. The city has not required discretionary EAWs. At this time, Chairperson Denn opened the public hearing. Jerry Windschitl, Ashford Development Corporation stated that the reasons for the rezoning request are that it is in conformance with the Comprehensive Plan, it is consistent with the sewer plan and the property is bordered by R-4 zoning with sewer and water. Richard Fuller, 13948 prairie Road addressed staff's comments about EAWs. It's a great way to see to it that bodies like this never take a global view that you never study all of the environmental impacts that any given project might have. Mr. Fuller indicated that an EAW will never have to be done if the city continues to rezone and plat properties that are no more than 160 units at a time. He stated that this is a fine example of what is wrong with our planning; we allow it to be taken out a piece at a time and we never get around to looking at what the overall impact is going to be. / Mark Menth, 14122 prairie Read stated that his first home in Andover was on Hanson and Anoover Boulevards. At that time he was told it would be 8 to 10 years before development and they put in Old Colony Estates. When he purchased his present home he was told it would be 8 to 10 years before development or rezoning would take place. It is a year later and they are talking about rezoning. He felt that the city should re-evaluate the Comprehensive plan as we are deteriorating the community by putting these developments in. He felt that the city should listen to the people who have lived here for a long time and not the people who are moving il~to areas like Old Colony because they can purchase cheap lots. Mr. Menth stated that he is opposed to the rezoning. I '. ./ Regular Planning Commission Meeting september 14, 1993 - Minutes Page 8 (Rezoning, Cont.) Dave Carlberg took exception to the comments that the city doesn't plan. At the time Mr. Menth called him, 8-10 years before development was the truth. TKDA prepared a study for the city showing the properties that the Metropolitan Waste Control Commission said can be served by sanitary sewer and the number of gallons per day we can generate and the we can cover. Mr. Carlberg took offense to the people saying that we don't plan, as that is his job and he feels we do a good job of it. , I "J Chairperson Dehn noted that the city has progressively tried to plan for population changes and it's very difficult for Dave to do his job to everyone's satisfaction. She also noted that the Commission is only an advisory board and the City Council makes the final decision. Those people here tonight are welcome to attend the City Council meeting to voice their opposition. Lynn Chaffee, 614 Andover Boulevard felt that the city is looking out more for people who are moving into Andover than those people who already live here. She was opposed to the fact that the parks are not improved so that the hundreds of children moving here have a place to play. / Tom Chouinard, 14123 prairie Road doesn't mind development as long as it's two and a half acre lots. He moved out here for the peace and quiet. He felt that eve~yone on the Commission, except for maybe Bev Jovanovich, is for development. He would like to see the EAW done and asked why t~e Planning Commission is afraid to rquest it. Mr. Chouinard fucther stated that they all have horses and farms and questioned where they are going to take their horses once this property is developed. The City is going to force them out because they won't be able to pay the assessments when sewer and water come in. Jerry Windschitl noted that the parcel above his has requested sewer and water also and there is nothing he is doing to force sewer and water assessments on Mr. Chouinard or anyone else in the area. Carol Hofstad, 684 Andover Boulevard stated that her main concern is the ditches and where the water will end up. Ed Gritton, 14157 prairie Road explained that he has horses and is concerned with the liability if children from the new developments get onto his property and get injured by one of his horses. He asked who the Planning Commission represents. Commissioner Apel noted that as a member of the Planning Commission all he can look at is if the applicant meets the ordinances. He stated that he worked on the Comprehensive Plan and if he were to go back on this now, he would not be true to himself. Pat Schroeder, 720 Andover Boulevard asked if by allowing this to be rezoned now, will the wetland legislation going into effect in January apply. Mr. Carlberg noted that the wetland legislation applies to plats, not rezonings. Ms. Schroeder asked that the Planning Commission deny the rezoning. '- j \ " ) J Regular Planning Commission Meeting September 14, 1993 - Minutes Page 9 Dave Grorud, 14545 Palm Street N.W. asked why the Planning Commission feels compelled to make a decision on this now without a preliminary plat. He felt that the railroad tracks would be a natural barrier between the R-1 and R-4 districts. He also recommended that the rezoning be denied. Dave Erickson, 745 - 140th Lane N.W.-opposed to the rezoning. MOTION by Squires, seconded by Apel to close the public hearing. Motion carried unanimously. Commissioner Squires stated that it would be nice to keep things the way they are but it is not reasonable. The city is doing its best to grow in an orderly fashion. Commissioner Putnam noted that if we didn't care, we would not be here. Commissioner Jovanovich said that she would vote to keep this property R-1. Commissioner Peek stated that the driving force behind the Comprehensive Plan was not development only. The purpose of the Comprehensive Plan was to manage the growth in the most reasonable way possible. Chairperson Dehn noted that she will abstain from voting. She feels that the city should be planned in an organized manner. MOTION by Apel, seconded by Peek that the Andover Planning and Zoning Commission recommend to the City Council approval of the rezoning request of Ashford Development corporation, Inc. to rezone property located in Sections 25 and 26 from R-1, single family rural to R-4, single family urban. Whereas the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 5.03(8) and that there is no substantial negative effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding lands; there will be no negative effects on the values of property and scenic views in the surrounding area. The Planning and Zoning Commission finds that the request is in compliance with Ordinance No.8, Section 5.02. A public hearing was held and there was much sincere well spoken and well documented opposition to said rezoning especially in regard to management of the wetlands. It would be advised, however, for the City Council and Planning and Zoning Commission to review their previous policies and perhaps in light of the new legislation in the past year 1992, i.e., Tree Ordinance and water control legislation, to take a harder look at what we're doing in our planning and rezoning. / Motion carried on a 4 yes (Peek, Putnam, Apel, Squires), I no (Jovanovich), I abstain (Dehn) vote. This will go to the City Council on October 5, 1993. ) ~ , ./ " Regular Planning Commission Meeting September 14, 1993 - Minutes Page 10 Boulevard Encroachment Discussion - Ordinance 95 Mr. Carlberg noted that the City Council reviewed two appeals where the property owners had brick mailboxes and lantern pillars in the right-of-way. The Council tabled these appeals and directed staff to contact other communities to compare regulations on boulevard encroachments and bring the information to the Planning Commission for review and recommendation back to the Council. Mr. Carlberg then showed the Commission a portion of a video where cars hit brick mailboxes, noting extensive damage was done to the vehicles. Commissioner Apel stated that his concern is the safety factor and also the Public Works Department. Chairperson Dehn felt that safety of vehicles is a major. concern. Mr. Carlberg explained that we have a number of these mailboxes in the city and we have not done a good job of enforcing this ordinance. Coon Rapids has the same ordinance we have and they have suspended the appeal portion of the ordinance. Robert Bannister, 14971 Bluebird Street N.W. explained that his appeal was one of those heard by the Council and tabled. He felt that because he made his mailbox attractive, he is being penalized for it. Commissioner Peek suggested that everyone with a non-conforming mailbox should give the city a hold harmless agreement. Staff was directed to contact the city attorney regarding the liability, revise the ordinance, and bring it back to the September 28th meeting. Chairperson Dehn declared the meeting adjourned at 12:35 a.m. Respectfully submitted, btf$ Vicki Volk Acting Recording Secretary