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HomeMy WebLinkAboutNovember 26, 1991 o o .~ o o C}\ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - NOVEMBER 26, 1991 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning CommissIon was called to order by Chairperson Randy Peek on November 26, 1991,7:30 p.m., at the Andover CIty Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. CommissIoners present: Maynard Apel, Bonnie Dehn, Steve Jonak, Bev JovanovIch Becky Pease, Marc McMullen City Planner, DavId Carlberg Assistant City Engineer, Todd Haas Others Commissioners absent: Also present: APPROVAL OF MINUTES November 12, 1991: Correct as written. MOTION by Jovanovich, Seconded by Jonak, to approve as written. Motion carried on a 3~yes (Peek, Jonak, Jovanovich), 2-Present (Apel, Dehn), 2-Absent (McMullen, Pease) vote. PUBLIC HEARING CONTINUED: LOT SPLIT. WAYNE HOLMBERG. 17011 WARD LAKE DRIVE NW 7:32 p.m. Mr. Carlberg reviewed the request of Wayne Holmberg to split a 2.5-acre parcel from a 20-acre parcel In an R-1, SIngle Family Rural District. The proposed split would have resulted in a frontage of 231.62 feet on Ward Lake Drive, which Is less than the 300-foot frontage requirement. When the remainder of the parcel Is platted, a street will be constructed along the northern border of the lot; so there would be 300 feet of frontage then. The City Attorney has determined that a lot split cannot be granted based on the assumption that a road wIll be constructed to meet the 300-foot frontage requirement. The applicant could request a variance on lot frontage. Mr. Carlberg stated in discussing the matter with Mr. Holmberg, Mr. Holmberg decided to withdraw the request and to proceed with the preliminary plat process, requesting a variance at that time. The lot split fee of $65 will also be refunded. Chairperson Peek reopened the pUblic hearing. There was no public testimony. Chairperson Peek asked for a motion to close the hearing. MOTION by Dehn, Seconded by Jonak, to so move. Motion carrIed unanimously. The Commissl'"On considered the matter wi thdrawn wi th the applicat"lon fee to be refunded. 7:35 p.m. C) (J Planning and Zoning CommIssIon Meeting ,) Minutes - November 26, 1991 Page 2 PUBLIC HEARING CONTINUED: SPECIAL USE PERMIT. FIRE STATION NO.2. 16603 VALLEY DRIVE NW 7:35 p.m. Mr. Carlberg stated the CIty Attorney, Bill Hawkins, has advised that the Fire StatIon does not qualIfy as a public utIlIty use or structure and does not requIre a SpecIal Use PermIt. Though there is no prOVision In the ordinance requiring a Special Use Permit for the construction of fire stations, the Attorney felt the City may wIsh to consIder holdIng a publIc hearIng prior to the construction of any other statIons in the future as a courtesy to Inform neighboring property owners of the proposal. MOTION by Dehn, Seconded by Jonak, recommend to the City CouncIl that we withdraw the Special Use Permit applIcation for Fire Station No.2 due to the fact that the ordinance allows this as a permItted use In all dIstricts. This is based on a legal opinion from the City Attorney. Motion carried on a 5-Yes, 2-Absent (McMullen, Pease). 7:40 p.m. PUBLIC HEARING: REZONING - MEADOWS OF ROUND LAKE. GENERALLY LOCATED ,) SOUTHWEST OF ROUND LAKE 7:40 p.m. Mr. Carlberg explained the request of the Nedegaard Construction Company, Inc., to rezone property from R-1* Manufactured Housing to R-4, Single Family Urban. Staff is recommending approval, noting the proposed preliminary plat for this area being presented in the next Agenda item. The rezoning would be contingent upon approval of the other permits necessary for the platting process. The hearing was opened for public testimony. David Newman. Nedeaaard Construction. 1814 Northdale Boulevard. Coon Rapids - encouraged approval of the request. There is a current Special Use Permit on the property for the construction of a mobile home park, and their proposal is less intense and more compatible with the adjoining neighborhood and adjoining wetland area. Based on the agreements they have with the property owner and 20 years of litigation, everybody is concerned about not Jeopardizing their positions. Their authority with the property owner is based upon the agreements they have to do everything up to the point of getting the rezoning finalized. Then they will close on the property. !tis his understanding in discussions with the City Attorney and Mr. Hay/s Attorney that all of these approvals will be contingent upon all the approvals coming together. \ Pete Rauen. 4110 147th Lane - asked who Is officially asking the ) City to rezone this property. Mr. Carlberg stated the requst is from Nedegaard Construction. They have a purchase agreement for the property. The City Attorney has advised that Nedegaard Construction can request the rezoning based on their proposal for a single-family development. \ ,~ :J , , '.~ u u Planning and Zoning Commission Meeting Minutes - November 26, 1991 Page 3 (Public Hearing: Rezoning - Meadows of Round Lake, Continued) Mr. Newman stated that Bruce Hay has also signed the rezoning request, which includes the qualifier that it be contIngent upon everything being approved. Rosella Sonsteby has also given them authority to make this request based on their agreement with her. Mr. Rauen - asked if the rezoning is approved, does Mr. Hay sign somethIng that he gives up his right to the mobile home park permit. He didn/t see that the rezoning impacts the SpecIal Use Permit for the mobile home park, which is a use for the land, not a zone. He was very uncomfortable with the rezoning without that mobile home park permit being specifically addressed. If the deal falls apart, he doesn/t want to give Mr. Hay another set of optIons. The CommissIon explained the current zone Is R-1* for manufactured housIng based on the SpecIal Use PermIt. ThIs request Is for R-4, Single FamIly housing. The recommendation will be the rezoning be contIngent upon all of the permIts beIng approved. If they do not, it goes back to R-1*. Mr. Newman stated the purchase agreements have already been executed. There is a long list of Items which must be obtained and approved. If the concern is the petition is being submitted pursuant to the settlement discussion, anything that is submitted in a pre-settlement discussion is not admissible In subsequent Issues. If the concern is that they will get it rezoned to R-4 and keep the Special Use Permit, then later on change to a mobile home park, it is clearly not the intentIon. Everything is being done for the purpose of developing single-family residental, not a mobile home park. Mr. Rauen stated he was still concerned about the possibility of the deal falling through. He also felt the City is taking a risk of setting itself up for another lawsuit. He/d like something more positive in terms of elIminatIng the SpecIal Use PermIt if thIs goes through. Mr. Carlberg stated the City CouncIl is aware that the R-4 zoning is contIngent upon thIs proposal. He stated he will check with the City Attorney regardIng Mr. Rauen/s concerns. Mr. Newman dId not have a problem wIth attachIng another condition to the rezoning that at the tIme of the final rezoning to R-4, that the SpecIal Use PermIt for the mobIle home park be terminated. Mr. Carlberg stated he will consult with the City Attorney to see if that can be added as a condition. Jim Hiltz. 4060 149th Avenue NW - reitereated that caution be taken by the legal counsel for the City to review this and that the City is not putting itself In the position for further lawsuIts. Get documentation from the City Attorney regarding these things before taking steps that may put us in a precarious situation. ~ ) .J (-) u Planning and Zoning Commission Meeting Minutes - November 26, 1991 Page 4 (Public Hearing: Rezoning - Meadows of Round Lake, ContInued) Mr. Hiltz asked about the lot size in an R-4 zone. Mr. Carlberg explained the minImum width Is 80 feet, mInimum lot depth 130 feet, 1,140 square-foot mInimum. Commissioner Apel stated this has been discussed with the City Attorney on an on-going basis and is a part of the on-goIng negotiatIons with Bruce Hay. Some of the negotiations are privIleged. He would be satisfIed that with the rIght conditIons added to the rezonIng, the Attorneys will make sure the CIty Is protected. Mr. Rauen - was concerned about the last sentence In the request, which clearly states that Mr. Hay is not gIving up his rIghts to the Special Use PermIt for the constructIon of a manufactured home park on the property. Commissioner Apel felt that applIes to the request for the rezoning; the actual granting of the rezonIng would stipulate that waIver. Mr. Rauen - stated he read the last lawsuit papers carefully. He stated major Issues were omItted by the City Attorney. He felt Mr. Hawkins/ sees his prImary duty to protect the CIty agaInst liabilIty. He has never shown any Interest in protectIng the rIghts of the people in the neighborhood. Mr. Rauen again stated he would lIke to see the rezoning structured such that if Mr. Hay is given the rezoning to R-4, that he gives up his Special Use Permit at that time. He didn't have a great comfort level now that that is assured. ChaIrperson Peek understood that the rezoning is not activated until the land transaction takes place. If that doesn/t happen, the rezoning Is voId. Mr. Rauen - felt if that can be done through the city ordinance, he was somewhat more comfortable wIth it. He recommended the City seek a second opinion on the matter. Mr. Carlberg stated Staff will request a letter from Mr. Hawkins on this issue. There being no further testimony, Chairperson Peek asked for a motion to close the public hearIng. MOTION by Jovanovich, Seconded by Dehn, to so move. Motion carried on a 5-Yes, 2-Absent (McMullen, Pease) vote. MOTION by Apel, Seconded by Jovanovich, the Planning and Zoning CommissIon recommend to the Council approval of the rezonIng requested by the Nedegaard ConstructIon Company, Inc. and Bruce Hay for the rezonIng of the area In questIon: \ J The South 4 rods of the North Half of the Northeast Quarter of Section 30, TownshIp 32, Range 24, Anoka County, MInnesota; and the Southeast Quarter of the Northeast Quarter of SectIon 30, TownshIp 32, Range 24, Anoka County, MInnesota; and the South 84 rods of Government Lot 1 of Section 29, Township 32, Range 24, Anoka County, MInnesota; and the l) ~) .) Planning and Zoning CommIssion Meeting MInutes - November 26, 1991 Page 5 (PublIc Hearing: RezonIng - Meadows of Round Lake, Continued) (Motion Continued) West 830 feet of the Northeast Quarter of the Southeast Quarter of Section 30, TownshIp 32, Range 24, Anoka County, Minnesota; and the North 33 feet of the Northeast Quarter of the Southeast Quarter of SectIon 30, Township 32, Range 24, Anoka County, Minnesota, Except the West 830 feet thereof; and that part of Government Lot 2, Section 29, TownshIp 32, Range 24, Anoka County, MInnesota, Except that part platted as Shirley's Estates (Generally located southwest of Round Lake) From R-l*, Manufactured HousIng to R-4, SIngle FamIly Residential Urban. The reason for this Is that the CommIssIon finds the property meets the crIterIa establIshed In OrdInance No.8, SectIon 5.03(B); that the CommIssIon has taken Into consIderatIon the effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surroundIng lands. The CommIssIon has taken Into consideration the traffIc problems that could occur and has taken into consIderation the effect thIs rezoning may have on the values of the property ~orderlng the rezonIng property; and that the effect It will have on the proposed use on the ComprehensIve Plan. The Commission has " found that the rezoning wIll not affect In an adverse manner any of ,_/ these crIterIa. There was a publIc hearIng held and Pete Rauen made a good presentatIon on why he was concerned about the rezonIng language. His concern Is that we don't have a future problem wIth the manufactured housIng aspects of It. The other gentleman that spoke was concerned prImarIly with the fact that we make sure that when thIs Is done wIth that we are careful in the legal aspects. The recommendatIons wIll be based upon three condItIons: 1) The rezonIng shall not take place unless all propertIes Involved are properly closed and transferred to the fee owners of the Nedegaard ConstructIon Company; 2) Upon the effectual rezonIng to R-4 that the SpecIal Use PermIt now exIstIng on thIs property be termInated; and 3) That the proposed actIons take place wIthIn one year from the CouncIl approval. MotIon carried on a 5-Yes, 2-Absent (McMullen, Pease) vote. ThIs Item will go before the CIty CouncIl on December 17, 1991. 8:17 p.m. PUBLIC HEARING: PRELIMINARY PLAT - MEADOWS OF ROUND LAKE. NEDEGAARD CONSTRUCTION COMPANY. INC. , ) 8:17 p.m. Mr. Haas revIewed the comments of the Andover RevIew CommIttee on the prelImInary plat of The Meadows of Round Lake beIng developed by Nedegaard ConstructIon Company, Inc. The proposal Is for 182 sIngle famIly lots. Because the plat Is wIthin 1,000 feet of the ordinary high water mark of Round Lake, the Shorelands of Public Waters OrdInance No. 71 applIes as does the Flood PlaIn Ordinance 50. ,r \ U (j Planning and Zoning Commission Meeting ) Minutes - November 26, 1991 Page 6 (Public Hearing: Preliminary Plat - Meadows of Round Lake, Continued) Mr. Haas stated the Commission needs to determine whether the use is within the floodway or the flood fringe. Staff is recommending it be considered in the flood fringe; therefore, Section 5.13 of Ordinance 50 would apply (Flood Fringe District). The ordinance allows the filling of the flood fringe areas. If the Commission agrees, the City will have to amend its flood plain maps. Mr. Haas also expiained that a number of variances for front setbacks is being requested. The requirement is a 35-foot setback; and the developer is asking for 25-foot setbacks on a number of lots to minimize the amount of filling. The building pads on those lots would be 90 feet deep instead of 100. Also, the developer is responsible for obtaining all necessary permits from the DNR, u.S. Army Corps of Engineers and the Lower Rum River Water Management Organization. A variance will also be needed for the length of Eldorado Street between 145th Avenue and CoRd 116, as the length will exceed the 1320-foot maximum, if that street is allowed to be constructed by the DNR. If not, a variance would also be needed for the length of a cul-de-sac on Eldorado Street. \ ) Mr. Haas also revIewed the comments in a letter dated November 25, 1991, from Tom Hovey, DNR Area Hydrologist, regarding the plat. The developer will be meeting with the Park Commission next week. Mr. Carlberg thought the City has a few 30-foot setbacks, but none that are only 25 feet. There are some developments with 25-foot setbacks in Coon Rapids. It is a concern of Staff, though the ARC Committee did not make a recommendation on the request. The Commission will have to determine if the 25-foot setback is worth the preservation of the wetlands. Chairperson Peek had reservations with the variance request on setbacks because of the visual effects and potential traffic issue. It significantly reduces the off-street parking, because the most that can be parked on the driveways would be two cars. Eldorado Is a through street, not one where cars should be parked. Mr. Carlberg stated the Commission may wish to require the developer to place restrictive convenants on the lots that only earth tone colors can be used on the houses, which will help the visual congestion. The public hearing was opened for public testimony. " Peter Rauen. 4110 147th Lane NW - felt the plat is extremely dense considering the surrounding neighborhoods of 2 1/2-acre or I-acre lots. The last proposal of Mr. Hay for a mobile home park on this property was for 220 units. This is for 180, feeling there is not that much difference. Rather than the issue of granting the setback variances or filling in the wetlands, he suggested the plat be ) / J U ~) \ j Planning and Zoning Commission Meeting Minutes - November 26, 1991 Page 7 (Public Hearing: Preliminary Plat - Meadows of Round Lake, Continued) redesigned with fewer lots. He would like to see more sensitivity in the plat to the adjoining property owners. He lives to the north, and the density in the plat will place approximately five homes against his property line. He suggested a buffer be created between the very high density areas and the 2 1/2-acre lots, possibly extend the parkland between the two areas for more open area, or reduce the lot size for those lots adjacent to the 2 1/2-acre lots. He asked the Commission to look at something more compatible with the adJoining neighborhoods. , ) David Newman. Nedeaaard Construction. Inc. - explained the number of lots in the plat has been reduced a number of times from the first proposal of 138 lots. There are only 114 lots In that portion which Mr. Hay owns; the remainIng 68 lots are on the land they are acquIring from Rosella Sonsteby. WIth the exceptIon of the variance requests for front yard setbacks, all lots conform wIth the ordinance. They were asked to work with Mr. SonstebY to extend Eldorado Street, which they have trIed to do. It is a unIque parcel because of the considerable wetland. They trIed to be sensItIve to that plus the economics plus the traffic consIderatIons. The proposal along the shoreland Is to give that to the CIty as parkland. The Park Commission expressed concern about havIng a tot lot, so they are desIgnatIng a portion of hIgh land for that. They wIll construct the park and equip it, plus dedicate a 20-foot walkway to it. They are also proposing to construct some ponds near the park to be used for ice skating. Mr. Newman stated they are prepared to place restrIctive covenants on the property to maintain high standards and to protect the neighborhood. They will do something to control the outside colors of houses and possibly do something with roof slopes or provide landscaping to minimize the visual Impact of the 25-foot setbacks. There are some unique cIrcumstances regardIng thIs property, notIng the 20-year hIstory of IIgItatIon and the court-based directIve and the amount of wetland In the vIcInIty. They have the problem of gaIning permits to build the road across the wetland, and they have to show a public necessity for filling In part of the wetland. The DNR is askIng that they minImize the Impact on the wetland, and the 25-foot setback Is shOWing the DNR they are making an attempt to do so. They cannot afford to build Eldorado Street to CoRd 116 If they can only buIld houses on one sIde of the street, and that Is the reason they are askIng for the varIances along Eldorado Street. Mr. Newman also pointed out developments he has done wIth 25-foot setbacks that he feels have no negatIve Impact on the area, referrIng to Egret Estates in Coon Rapids. "\ ,) Mr. Newman also stated the proposed prelIminary plat comes wIth an alterative, that beIng Eldorado Street as a cul-de-sac. That Is not theIr preferred approach; however, the legislature has placed a moratorIum on developIng wetlands begInnIng the first of the year. If ~ \ '- ~ u (j Planning and Zoning Commission Meeting Minutes - November 26, 1991 Page e (Public Hearing: Preliminary Plat - Meadows of Round Lake, Continued) the property does not receive a preliminary plat by the first of the year, there may not be any more approvals until the DNR adopts their regulations. So the alternative is needed to be in place for consideration if the DNR does not approve the extension of Eldorado so they can move forward. The Commission discussed the plat at length, especially the variance requests for the reduced front yard setback. Mr. Haas explained with the 25-foot setback and 90-foot pad, there would still be room to build a deck. He dldn~t think a 35-foot setback with an eO-foot pad would lend Itself to the different designs of houses. Mr. Newman stated it Is hard to predict what type of homes will go on the lots. He felt there Is going to be some very nice homes backing against the wetland. To do that, they need the depth on the lots. Mr. Haas stated the City has never varied from the 100-foot building pad. Jim Hiltz. 4060 149th Avenue NW - suggested some relief along Eldorado by gradually varying the setbacks on the lots between 25 and 35 feet, supported with some landscaping to soften the visual effects. That eliminates the hard line of houses set back only 25 feet. The curvature of the road will also give some relief. Mr. Hiltz was also concerned about the effect of this plat on the neighbors along the northern border, those with 2 1/2-acre lots. He asked If It Is possible to use some funding from the parkland dedication to get some relief. Mr. Haas thought the Park Board has already decided to have a tot lot constructed, plus there Is some Interest In the land adjacent to Round Lake. He didn~t think the Board would be interested in parkland between the large-lot development and this one. Mr. Hiltz felt the Commission could recommend to the City that they get some parkland between the two developments, relieving the pressure on those larger lots. He felt people will tend to divert themselves to the more open spaces, and the residents will get some relief if more open spaces are created. This Is a unique situation. Mr. Haas recommended the property owners attend the Park Commission meeting on December 5 to express their concerns and comments. Mr. Hiltz asked If It Is absolutely necessary to connect 147th Avenue. There Is a deadend situation on the north end of Round Lake, so there Is no need to have the road to circulate around the lake. He again expressed the opinion that something should be done for relief of the northern neighbors, possibly one less lot, wider lots, deeper lots, etc., to soften the blow for them. Mr. Haas felt 147th Avenue is a , safety Issue for police and fire protection. The emphasis would be to ,~ eliminate some traffic on 147th by constructing Eldorado Street to CoRd 116. ,) , ) , ) u ( ~ u Planning and Zoning Commission Meeting Minutes - Novembe~ 26, 1991 Page 9 (Public Hea~ing: P~elimIna~y Plat - Meadows of Round Lake, ContInued) In fu~ther debate wIth M~. Hiltz, the Commission agreed It would be nice to have some open space between the two developments; howeve~, the develope~ is meeting all the o~dinance ~equI~ements. M~. Rauen stated In all the dIscussIons, It appea~s the~e wasn't much mention of the impact of the plat on the adjoining a~ea. They t~ied to be Involved du~ing the p~ocess and asked that the documents be made available to them, but they never we~e. He thought more could have been done in te~ms of the impact on the neighbo~hood. He encou~aged the Commissione~s to look at what Is there now and t~y to picture what these 182 homes are goIng to look like in that area. Mr. Carlberg stated the o~dinance does not ~equire buffers between residential areas, only between commercial and resIdentIal areas. Mr. Rauen stated a buffer was talked about when the hIgher densIty mobIle home park was being consIdered. He dIdn't think it was out of lIne to consider a buffer in thIs plat. Mr. Newman stated the lots to the north were IntentIonally made deeper than requIred, 145 feet versus the 130-foot City standard, because they knew about the neighborhood concerns. He dId talk with the president of the homeowners assocIation when the sketch plans were avaIlable, encou~aging him to contact CIty Hall to get a copy. They have made an attempt to keep the neighbors informed in thIs process. There being no further testImony, Chairperson Peek asked for a motIon to close the publIc hearIng. MOTION by Dehn, Seconded by JovanovIch, to so move. Motion carried on a 5-Yes, 2-Absent (McMullen, Pease). The CommissIon then dIscussed the Issues raIsed. Though the majorIty understood the reason for the alternate plat, they were reluctant to approve an eIther-or plat. Several had a problem wIth the alternate cul-de-sac on Eldorado because of the magnitude of the Impact it would have on traffic. There was also concern with the varIance requests, especIally wIth the larger number of lots affected and the vIsIbIlIty Issue wIth a lesser setback. FInally, there was understandIng and empathy for the Issues raIsed by the neIghbors; but they pointed out It Is not a change In use, and an economIc hardship on the developer would be created If a buffer open space between the lots is required. Mr. Rauen dIdn't think the CommIssion was In a posItIon to determIne whether or not there would be an economic hardship on the developer. They would welcome the developer openIng theIr books to show the economic hardship. They proved that it would make economic sense to develop into one-ac~e lots, but the p~oposal Is fo~ fou~ times that density. He stated the develope~ will make money on thIs plat. They are Just askIng that some of that profit be shuffled to meet the needs and concerns of the neighbo~hood. , ) '---./ , , . \ \_~ \ Planning and Zoning Commission Meeting ,) Minutes - November 26, 1991 Page 10 (Public Hearing: PrelImInary Plat - Meadows of Round Lake, Continued) Mr. Newman stated there would be some lots where It would not be a problem makIng the setback further than 25 feet where It does not encroach on the wetland, rather than making all of them 25 feet. The changes In setbacks would be subtle, not drastic. MOTION by Apel, Seconded by Dehn, that we recommend to the City Council approval of the preliminary plat of Meadows of Round Lake presented by the Nedegaard Construction Company, Inc., as presented. A publIc hearing was held and there was some vehement input from the neighbors to the north as to the impact the development would have on their property and their enjoyment thereof. The recommended approval is based upon the ordinances as discussed in the general comments presented by the Staff. The approval is also based upon the variances requested for the 25-foot setbacks be denied. The approval is based solely upon the prelimInary plat presented with the Eldorado exit to County Road 116. The Commission feels that they cannot at this time consider the alternate plan InvolvIng a cul-de-sac at the end of Eldorado Street. '\ , ) The CommIssion has taken into consideration the normal criteria such as the health, safety, and welfare, traffic patterns, the Impact on the ComprehensIve Plan, and the Impact of the property vlaues on the surrounding property, and found that thIs does not Impact it in an adverse fashIon. The prelimInary plat be approved contingent upon the following: 1. ReceIvIng additional solI borIngs as requested by the City Engineer. 2. Park dedicatIon as determIned by the Park and Recreation CommIssion. 3. Upon the developer and/or owner obtainIng all the necessary permi ts. 4. A variance be granted from Ordinance 10, Section 9.05a, the length of Eldorado Street, because it exceeds the maxImum length for a block. 5. The exIsting easement located Just to the west of XenIa and 143rd wIll have to be vacated prior to the approval of the final plat. Motion carried on a 5-Yes, 2-Absent (McMullen, Pease) vote. This item will be on the December 17, 1991, City CouncIl agenda. 9:38 p.m. \ The Commission recessed at 9:38; reconvened at 9:45 p.m. j u ( \ \.J ~) Planning and Zoning Commission MeetIng Minutes - November 26, 1991 Page 11 PUBLIC HEARING: MAJOR AMENDMENT TO THE COMPREHENSIVE PLAN _ INCLUSION OF WASTE DISPOSAL ENGINEERING SANITARY LANDFILL SITE INTO THE MUSA 9:45 P.M. Mr. Carlberg explaIned the proposed amendment is to add approximately 114 acres to the Urban Service Area on the Waste Disposal Engineering, Inc., Sanitary LandfIll Site. The U.S. EPA has told the City to go through this request for temporary service to the sanitary sewer for the remedial clean-up of the sIte. There will be wells on that site that will be pumping and diSCharging the water through the sanItary sewer. The U.S. EPA "106 Order" Is an Administrative Order that at a minimum the SW 28 Group is to receive servIce from the CIty to do this testing. If the diSCharge is clean enough to go directly into Coon Creek, this temporary connectIon wIll not be needed. This first phase is to test the area to see what is there. ~ ) Jon ChrIstofferson. Conestooa-Rovers & AssocIates. reeresentIno the SW 28 Groue - explained there are many permit processes they have to go through In this entire process. The temporary connection wIll be to Crosstown Boulevard. If It is to become a permanent connection, they wIll approach the City and the decisIon would be whether to continue pumping to Crosstown Boulevard or whether they would have to run a lIne to Bunker Lake Boulevard. Mr. Carlberg stated the Staff concern was that this amendment not take away from the CIty's future development per the Comprehensive Plan. The Metropolitan Council has said it will not detract from the CIty's housIng supply. It Is a situatIon of CleanIng up a Superfund site and no housing is involved in thIs proposal. That cannot be residentIal property. Mr. Christofferson explained both the MPCA and the U.S. EPA have Issued orders that make hIs clients responsible to implement the remedy that includes seven different items. One of the seven Is for institutional control, that they wIll have to work with the City and county to develop It. It is those types of things which will restrict the use of the site; and that is one of the reasons the Metropolitan Council Is wIlling to bring this area into the MUSA district. The hearing was opened for public testimony. \ ~ ) Mr. Christofferson explained initially there will be a serIes of pumping extraction wells Installed along the northern perimeter of the site. These wells will have to be tested to determine how many gallons they will get from each well and the water quality. That water wIll Initially be discharged into the sewer through temporary lines. This first phase could take weeks to months. Once this has been characterized, the extent of the pumpIng and volume, then they ;' "\ \....1 , , , \../ \ , ) PlannIng and ZonIng CommIssIon MeetIng Minutes - November 26, 1991 Page 12 (PublIc HearIng: Major Amendment to the ComprehensIve Plan, WDE SIte, ContInued) determIne what the fInal treatment should Involve. It would be at that point they would make a valuation and determination as to whehter or not they will treat the water to dIscharge Into the creek. If It Is not feasible, they would contInue discharging Into the sewer system on a long-term basis. He also explained they are on a very strict time table to complete the various Items. They need to determine whether or not the sewer service will be available to begin the next phase. MOTION by Apel, Seconded by Dehn, to close the pUblic hearIng. Motion carried on a 5-Yes, 2-Absent (McMullen, Pease) vote. MOTION by Dehn, Seconded by Apel, recommend for approval by the CIty Council the Major Amendment to the Comprehensive Plan, Including this document as stated. A public hearing was held. There was no opposition. MotIon carried on a 5-Yes, 2-Absent (McMullen, Pease) vote. "\ , ) ThIs Item will be on the December 3, 1991, CIty CouncIl agenda. 10:03 p.m. OTHER BUSINESS ChaIrperson Peek revIewed the CouncIl actIon regardIng the fInal draft of the ComprehensIve Plan. ChaIrperson Peek also advised the CommissIon that he has asked not to be reappointed ChaIrperson of the Commission for next year. Mr. Carlberg stated If anyone Is Interested In serving In that capacity, they should let him know. Also, If anyone whose term expires on December 31, 1991, wIshes to reapply, they should do so as soon as possible. ChaIrperson Peek declared the meetIng adjourned at 10:10 p.m. Respectfully submItted, ~~~~~ RecordIng Secretary " ,)