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HomeMy WebLinkAboutNovember 30, 1993 o ~J 8 o 1"-\ \J ~ CITY of ANDOVER SPECIAL PLANNING AND ZONING COMMISSION MEETING NOVEMBER 30, 1993 MINUTES A Special Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bonnie Dehn on November 30, 1993, 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 City Planner, David Carlberg Others Commissioner absent: Also present: REZONING: CROWN POINTE AND CROWN POINTE EAST, SECTIONS 25 AND 26, ASHFORD DEVELOPMENT CORPORATION Mr. Carlberg provided a brief background on the rezoning request to rezone approximately 93 acres south of Andover Boulevard and east of the Burlington Northern railroad tracks to an R-4 Single Family Urban zone. The Commission held the public hearing in September and recommended the City Council approve it. The Council heard the item on October 5, tabled it pending receipt of information from the Environmental Quality Board and from the Met Council, and reviewed it again on November 16 at which time they forwarded it back to the Commission with several items to review regarding the Environmental Assessment Worksheet guidelines. The first concern of the Council was whether or not an EAW is mandatory based on the 250 unit threshold on contiguous property. Mr. Carlberg contacted the EQB and was told that with the Burlington Railroad easement running between Weybridge and Crown Pointe, the parcels are not contiguous; therefore, the 250 unit threshold is not met and an EAW is not mandatory. Also, the Weybridge development was done prior to this project and, therefore, would not be counted. Secondly, the Council questioned whether granting the rezoning would violate any State statute. In checking with the EQB, Mr. Carlberg found a rezoning would not violate any State regulations or EQB regulations. Another question was whether or not a rezoning is considered a "project". In the definitions of the EQB guidelinesr a rezoning is not considered a project. The City's legal counsel concurs. Finally, there was some concern about the grading that was taking place on the site. Mr. Carlberg explained that the developer received all the permits necessary and is following the regulations of the Coon Creek Watershed and all other agencies. The State Attorney General's office did not feel there was any way to stop the grading of the site at this time; however, if an EAW was done, there may be some environmentally significant factors which may have to be restored or replaced. Also, the City has not yet approved a grading plan for the proposed plat. , , \.-.J , \ \J Special Planning and Zoning Commission Meeting Minutes - November 30, 1993 \ Page 2 ) (Rezoning: Crown Pointe and Crown Pointe East, Continued) Mr. Carlberg explained the Commission must now forward this information to the Council for their consideration at the December 7, 1993, meeting. The Council will look at the petition and determine if there are any significant environmental effects; and if so, order the EAW. If not, an EAW will not be ordered. Commissioner Apel felt given this information, the EAW would not be involved with the rezoning request. If one is to be considered, it would be more appropriate at the preliminary plat stage. Mr. Carlberg agreed, noting even if there would be a problem, the developer would probably be required to reconstruct the area, to mitigate, to pay a fine, or all three. Commissioner Peek asked about the findings on the existing vegetation. Mr. Carlberg stated there is a list of plant specimens collected on or near the site which were submitted for classification. One specimen was considered "special concern", but none were endangered or on the protected species list. ) Commissioner Putnam asked about the EAWs that have been done in the past. Mr. Carlberg stated EAWs were done for Hills of Bunker Lake and Old Colony Estates; but he did not think they were mandatory and it was found that Environmental Impact Studies were not needed in either case. Commissioner Squires stated there isn't much of a question in his mind that the EAW is not mandated. Some of the adjacent property owners have attempted to craft arguments that one is required, but Staff did a good job in exploring the issues. Beyond that is the question of a permissive EAW; but as he has said in the past, he doesn't think the City should get involved in permissive EAWs. The key is "significant" environmental effects, and he hasn't heard anything in the arguments that would be different from any other project in the City. Commissioner Apel agreed there is always concern with traffic and local ambiance enjoyed by most people of peace and open space. But he didn't feel that indicates any significant environmental impact. MOTION by Peek, Seconded by Apel, to forward the Staff report to the Council on the December 7 meeting. DISCUSSION: Paul Mazzei, 935 Andover Boulevard NW - stated the issue is not just the open field and the people wanting the open field. It is on the creek and the whole area surrounding the creek. The Commission explained they cannot make that decision, as they are just forwarding the information to the Council. They have made no findings with regard to an EAW, as that must be done by the Council. , Mr. Mazzei - if it is possible that the rezoning is a mistake, that ) should be the City's main concern. Once the development is in and it is found that it should not have been developed to that high of a density, it is irreversible. He thought the letter from the EQB was telling the City that the EAW must be done, and he was frustrated that the decision . , <...J . \ '- ) Special Planning and Zoning Commission Meeting Minutes - November 30, 1993 Page 3 l (Rezoning: Crown Pointe and Crown pointe East, Continued) has already been made not to have an EAW done. Mr. Carlberg stated no decision has been made. Staff researched the information, and that is now being forwarded to the Council. Chairperson Dehn stated the Commission is an advisory board only. The environmental issues are part of the packet and will be used in the Council's decision. She argued the EQB letter did not direct the City to do an EAW. Jerry Windschitl, Ashford Development - stated they have in place all permits from all agencies involved with the site. The water quality issues, water drainage, wetland delineation, water storage, sedimentation ponds, delineation of the 100-year storm and ponds have all been addressed. They have no other permits to receive on those issues. Mr. Carlberg stated he was referring to the City's grading plan that has not yet been approved. He also noted that a representative from the Metropolitan Council was on the site today and reviewed the flood plain and wetland areas. The representative was also pleased that Mr. Windschitl has acquired additional property from Burlington Northern Railroad to move the road to the west to avoid the wetlands, and he did not have an issue with what is being done. Motion carried on a 6-Yes, 1-Absent (Pease) vote. OTHER BUSINESS Mr. Carlberg asked if the Commission wished to cancel the December 28, 1993, regular meeting due to the holidays as has been done in the past. The Commission agreed to cancel that meeting. There being no further business, Chairperson Dehn declared the meeting adjourned at 7:58 p.m. Respectfully submitted, ~~~~~ Recording Secretary ,