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HomeMy WebLinkAboutJune 9, 1992 o o o o o CA CITY of ANDOVER PLANNING AND ZONING COMMISSION M~ETING - JUNE 9, 1992 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bonnie Dehn on June 9, 1992, 7:30 p.m., at the Andover City Hal I, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Steve Jonak, Bev Jovanovich (arrived at 7:35 p.m.>, Randy Peek Becky Pease, Marc McMullen City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES May 26, 1992: Correct as written. MOTION by Apel, Seconded by Peek, that the Minutes be approved as presented. Motion carried on a 4-Yes (Apel, Dehn, Jonak, Peek>, 3-Absent (Jovanovich, Pease, McMullen> vote. PUBLIC HEARING: SPECIAL USE PERMIT - MINING PERMIT. PARK CONSTRUCTION COMPANY. LEROY JOHNSON PROPERTY 7:32 p.m. Mr. Carlberg reviewed the Special Use Permit requested by Park Construction Company for a mining permit on a portion of the Leroy Johnnson property located north of Bunker Lake Boulevard NW and east of Prairie Road NW. The proposal is to remove 500,000 cubic yards of common and granular material from the site to be used in the construction of State project 0214-10 located in Blaine. Trucks leaving the site will travel east on Bunker Lake Boulevard to Highway 65, then south on Highway 65. They expect to begin in late June and have an estimated date of completion of August, 1993. The Comprehensive Plan indicates this area can be served by sanitary sewer in the future, but it is in the Year 2000 to 2005 time frame. To make sure the property is left in a buildable state, Staff is recommending several requirements be added as conditions to the Permit. In reviewing the proposal, there doesn't appear to be a problem with the project as proposed yet retaining a buildable area upon completion. (Commissioner Jovanovich arrived at this time; 7:35 p.m.> Mr. Carlberg stated Staff feels the criteria set forth in the ordinances will be met, though there is the concern of the large amount of truck traffic that wil I be generated over the year. That traffic will be going over county and state roads, not City roads. \ \ ) o Andover Planning and Zoning Commission Meeting / MInutes - June 9, 1992 Page 2 <PublIc Hearing: Special Use Permit/MIning, L. Johnson, Continued) He then read the recommended conditIons of the Permit, noting a change in No.9. Also, the Coon Creek Watershed Board approved the proposal last evening, and the addItIon of Item 13, that the applIcant submIt a development plan for the Andover RevIew Committee revIew and approval. Mr. Carlberg explaIned the mInIng wIll be done In phases to minImIze the erosIon. The development plan wIll show the proposed road layoIut, lot shapes and confIguratIons and house pads. The consultIng engIneers wIll revIew the proposal to be sure all ordInance requIrements wIll be met. The fInal grades wIll be dIctated by the development plan. The hearIng was opened for publIc testImony. Ms. C. Mohlencamp. 140 Andover Boulevard - asked how many acres are involved and how large Is the parcel owned by Mr. Johnson. Leroy Johnson. 125 Bunker Lake Boulevard - stated the area to be mIned Is approximately 39 acres. He owns a total of 325 acres. , John Mohlencamp. 140 Andover Boulevard - owns ten acres south of the creek. He wanted to know where the mining wil I be in relation to his property. Mr. Carlberg gave an approxImate locatIon on an overhead map. He saId no buffers wIll be needed because the minIng locatIon Is approxImately 1/4 mIle from the edge of Mr. Johnson's property lInes. There is a hIgh knoll to the northwest. The part to be mIned Is also a hIgh treeless knoll that wII I be removed. , J Ed Gritton. 14157 PraIrie Road - asked about the knol I being mIned and how far down It will go. He was concerned that the area wll I be left an unsIghtly open sand pIt as was done along Hanson Boulevard just north of Hwy 242. Mr. Carlberg explained enough wIll remaIn to meet the standards for buIldIng and sanitary sewer and water. An open pit will not be left there, as there are condItions in the PermIt relatIng to restoratIon. EverythIng wIll be seeded and erosIon controls Implemented. The application requIres Insurances and escrows, whIch is somethIng the CommissIon may wIsh to add to the Permit. Mrs. Mohlencamp - asked what Is beIng taken out and can the CIty guarantee that garbage wII I not be put In there. Mr. Carlberg explained the majority of the material is sand. Also, the City will be inspecting the site regularly to be sure that the terms of the Permit are being followed and that clean fill Is put back for restoration. \ ) Tom ChouInard. 14123 PrairIe Road NW - belIeved hIs property is very close to the mining site. He was very concerned about the accesses, thInkIng that sIgns for "truck traffIc" are not adequate on Bunker Lake Boulevard because that Is a busy road wIth a lot of bus traffIc. J , \ , J , / Andover Planning and Zoning Commission Meeting Minutes - June 9, 1992 Page 3 (Publ ic Hearing: Special Use Permit/Mining, L. Johnson, Continued) He was also concerned that the bluff being mined will be very visible to the residents behind it, and he was afraid of the dust, the noise of vehicles, and the effects on the horses. He didn't feel the residents were given any assurances on how the land wil I be left aesthetically or the details to assure them the mining itself will not adversely affect their rights. Also, there is a lot of low land back there, and he was concerned about where the topsoil will be stockpiled. Mr. Chouinard wanted to see where his property was in relation to the mining site, feeling it is very close. All the people around the creek are ranchers and can see the hill, and they are concerned about the activity and how It will affect the environment. Mr. Carlberg stated there will be no filling or stockpiling in any wetland area. Mrs. Mohlencamp - was concerned about the noise with the trucks and the dust, as there usually Is a southwest or southerly wind. Mr. Chouinard - again questioned what will be done about the noise, dust, and traffic on Bunker Lake Boulevard. / Mr. Carlberg reviewed the stipulations the City has placed upon the applicant and attempted to show where the mining site is in relation to the surrounding properties. He also explained that this is a State project, and the county and State have control over the traffic on Bunker Lake Boulevard and Highway 65. A representative from Park Construction estimated they will be making approximately 30 trips an hour from the site. Julian Fenendael. Comstock & Davis - explained the entire mining site wil I not be open at one time. The project is broken into a number of areas. As one area is mined, it will be restored with topsoil and seeded, then move to the next area. The haul road is down the middle of the site, which goes in a north/northeast dIrection. Each area will have its own drainage ponding area for sediment control. The plan will leave the area with less runoff from the area under the final grade than there is now. There wIll be a total of four ponds when it is finished where the four existing depression areas are on the site that are now dry. The slopes around the ponding areas will be six to one, which is relatively flat and will iook nice in a residential development. Mr. Chouinard - asked what happens to the haul road when the project is completed. Will it be seeded and removed or will it be there to be used as a party road or a dump? \ ) Mr. Fenendael - stated that depends on the property owner. If he proceeds to develop it as residential, it may remain a road. Mr. Carlberg stated it is private property and the owner can have the road if he wishes. (J (J ,J Andover Planning and Zoning Commission Meeting MInutes - June 9, 1992 Page 4 (PublIc HearIng: Special Use Permit/Mining, L. Johnson, ContInued) Several residents again expressed concern about the visual effects of the project and the proximity to theIr properties. Leroy Johnson - stated the area Is not treed, that It is about 1/4 mile from any other parcel. In further discussion with the residents and their concern about the proximity of the mining site to their propertIes, the Commission then recessed to allow Mr. Carlberg to bring out the half-sectIon maps. 8:10; reconvened at 8:20 p.m. After viewing the maps and realizing exactly which knoll is to be mined, the residents were less apprehensive about the project, stating most of their concerns have been cleared up. Mr. Carlberg agreed to prepare a more detailed map showing the mining site and the location of the adjoining parcels and buildings. Prior to closing the public hearing, the representative from Park Construction Company stated they plan to haul only 10-hour days on Monday through Thursday, from 6 a.m. to 4 p.m., and seven hours on Friday, from 6 a.m. to 1 p.m. Mr. Carlberg noted the City noise ordinance does not allow construction to begin before 7 p.m. The '1 representative agreed to the change of hours to be put in the motion. '-....../ MOTION by Apel, Seconded by Peek, to close the public hearing. Motion carried on as-Yes, 2-Absent (McMullen, Pease) vote. MOTION by Apel, Seconded by Janak, recommending that the City Council approve the Resolution granting the Special Use Permit request of Park Construction Company as presented by Staff with the following changes: In the subsection No.1, change the hours from Monday to Friday, 7 a.m. to 5 p.m., and leave Saturday as is. The rest of the Resolution remain the same to No.9, which will be changed to "The finished grade shall be approved by the Andover Review Committee." Add Item 13, "The owner of the Permit will submit a development plan for the review of the Andover Review Committee to estblish a layout for the future development." Add Item No. 14 that "The City Council will make sure that a properly executed surity bond be entered into with the permit holder for restoration." ~.J There were several people at the public hearing. Their concerns were specifically for dust, dirt and noise. They would like us to be careful about that and make sure it is held to a very minimum. They were rightly concerned about traffic conditions existing on the road with the trucks hauling, especially with regard to school buses. They were also concerned that the restoration be done that does the Job, leaving the land in good state for future development. Also, I would hope that the Staff would prepare a drawing, hopefully to scale, so that any Interested party can see exactly how it sets up with his land. Motion carried on as-Yes, 2-Absent (McMul len, Pease) vote. \ J \ ~J Andover Planning and Zoning Commission Meeting / Minutes - June 9, 1992 Page 5 <Public Hearing: Special Use Permit/Mining, L. Johnson, Continued) Mr. Carlberg noted a letter from Snelling, Christensen & Briant, representing Joseph F. Novogratz, owner of approximately 29 acres immediately north of the area to be mined. He felt most of the concerns were addressed. He also stated the applicant wishes to have the item placed on the June 16 Council agenda. The consensus of the Planning Commission was to recommend that the City Council consider the item on June 16, 1992. 8:33 p.m. SKETCH PLAN: PHEASANT GLEN. HOKANSON DEVELOPMENT CORPORATION. INC. / Mr. Carlberg reviewed the Agenda comments and history of the proposed Pheasant Glen residential development as presented by Hokanson Develoment. It is located in an R-4 Single Family Urban Zoning District within the MUSA area. The Council discussed the location of Commercial Boulevard which may have an impact on this property. The proposal was to either locate the road along the northern edge of this property but entirely on the Andover Auto Parts side or one lot north of that. They have authorized the City Attorney to hire an appraiser to determine the costs of acquiring right of way. In any event, Andover Auto Parts wil I be required to construct a fence per the ordinance along its southern border which abuts Pheasant Glen. The Commission asked about the intent to improve Jay Street. Mr. Carlberg stated it will be a residential street, with the proposal being that it be separated from Commercial Boulevard and Jay Street to the north with a cul-de-sac. Jay Street wili have to be paved and the cost assessed against the abutting property owners. Kurt Carson. Hokanson Construction - stated he has been working with Mr. Windschitl regarding the road access to the south of Pheasant Meadows. Whatever happens there should have no effect on this proposal. The curvature of the road is what the City Council wanted, though it is a little more costly for him to develop. They will have to put a two-car garage on both of the existing houses in those developments. Even though they will not get FHA financing for the tier of lots abutting the junkyard, they are anxious to see a more aesthetically pleasing fence installed. Sue Hurst - stated the fence along Andover Auto Parts has been in a state of disrepair since it was built, that it is not of uniform material or color. Some painting was done on the day of the snow storm in October, 1991. Mr. Carlberg stated the City has not enforced the ordinance in this case until a decision was made about the \ location of Commercial Boulevard. Staff wil I now inform the business J of its need to bring the fence up to code. The Commission generally agreed with the proposed concept. Mr. Carlberg stated the item will be presented to the Council at its June 16, 1992, meeting. '\ . / '--., , I '--.J , ) Andover Planning and Zoning Commission Meeting Minutes - June 9, 1992 Page 6 DISCUSSION - CONSTRUCTION OF STRUCTURES IN RECYCLING/JUNKYARDS Mr. Carlberg explained the City Council has asked the Commission to consider an ordinance to require all Junk/auto recycling yards to conduct their activities inside of a building, implemented over an eight- to ten-year period. Currently those businesses are not allowed to construct buildings because it would be an expansion of a non- conforming use. If It is allowed or required, the bUildings would have to meet the commercial building codes, which may be economically unfeasible for some. He has not found any support from the EPA or MPCA which would require these activities to be conducted indoors. Before proceeding any further, the Planning Commission asked for a legal opinion as to whether the City has the right to require these businesses to conduct their activities inside of a building. Even if the dismantling of the vehicles was done inside of a building, the Commission felt there would still be some outside storage needed. Another comment was that the City should be putting more effort into enforcing the existing ordinances in an effort to clean up that area. Penny and Mike DeNucci. Anoka Auto Wreckino - did not bring this matter up so that al I the other yards would be required to have ~ buildings as well. They want to build a building to drain fluids and , ./ dismantle the cars inside, out of the severe weather, and to protect the environment from contamination. They are also aware of the code for commercial buildings and are prepared to meet them. They did not want the others to be required to do the same thing. Can't they be al lowed to build a building because it will be environmentally better? The Commission took no further action, asking that an opinion from the City Attorney be solicited first. This is to be on the June 23 Agenda. OTHER BUSINESS Mr. Carlberg updated the Commission on the status of the Comprehensive Plan. The Metropolitan Council will begin the 90-day review process of the Plan shortly. He has also been asked by their Staff to analyze the rural development density on a section-by-section basis. Mr. Carlberg also reported that the Metropolitan Council denied the Minor Amendments submitted for Winslow Hills 2nd Addition and Pinewood Estates and required the City to adopt management standards for sedimentation ponds. After the City Council passed a resolution, he learned from other Metropolitan Council Staff that those standards are not required. He has now been told those Minor Amendments should be approved shortly. \ , There being no further business, Chairperson Dehn declared the meeting adjourned at 9:08 p.m. )~s~~m~, JL J~~cella A. Peach, Recording Secretary ./