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HomeMy WebLinkAboutNovember 24, 1992 o o o r;\ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - NOVEMBER 24, 1992 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bonnie Dehn on November 24, 1992, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Steve Jonak, Bev Jovanovich, Marc McMullen, Randy Peek Becky Pease City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES October 13, 1992: Correct as written. MOTION'by Apel, Seconded by Jovanovich, to approve the Minutes. Motion carried on a 5-Yes (Dehn, Apel, Jonak, Jovanovich, Peek), 1-present (McMullen), 1-Absent (Pease) vote. o PUBLIC HEARING: REZONING - R-4 TO NB/VARIANCE ON DISTRICT SIZE REQUIREMENT - 13311 ROUND LAKE BOULEVARD NW - THOMAS J. HICKEY 7:31 P.M. Mr. Carlberg reviewed the request of Thomas Hickey to rezone property from R-4 Single Family Urban to NB, Neighborhood Business. The applicant is proposing to build a dental clinic. Mr. Carlberg reviewed the uses of the surrounding areas and the applicable ordinances. A variance is needed for lot size. The minimum requirement for the NB District is 2 acresr and this lot is 1.24 acres. A similar variance was given on the rezoning of the Green property at Bunker Lake Boulevard and Crosstown Drive. Chairperson Dehn opened the hearing for public testimony. o Garv Judd, 13314 Silverod Court - opposed the request because the area is surrounded with single family residential development in Andoverr and multiples to the south and west. He didn't feel it was the best use of the land to create an island of one type of business, suggesting there is available space for business in the Downtown Center area. He is also concerned over the increase in traffic which would be created by a business in that particular area. with the improvements made to Round Lake Boulevard, the traffic will increase even more, making it impossible to ingress/egress from this location and subsequently forcing traffic to go through their residential area. Mr. Judd presented a petition from the residents of the neighborhood of Woodland Terrace and from those on the Coon Rapids side. He spoke to 133 residents and 131 people opposed the proposal. There was a rezoning request on this same piece of property in 1989, and the residents petitioned against it at that time as well. (~ ~-J L) Andover Planning and Zoning Commission Meeting Minutes - November 24, 1992 '\ Page 2 '.../ (Public Hearing: Rezoning, R-4 to NB/Variance, 1331 Round Lake Boulevard, Hickey, Continued) Mr. Judd also read a letter from a resident who was unable to attend this hearing, Jeff and Connie Stickler, 13425 Narcissus Street expressing opposition to the rezoning. The letter stated the neighborhood has been successful in luring high paying homeowners in the area. A business in that area would detract from the neighborhood. Other suitable locations for businesses exist that do not need to be rezoned. :--.J Patricia Peterson, 3226 16th Avenue, Anoka - lives in the complexes to the west of the area to be rezoned. That area is zoned residential. In talking to Paul Ruud, Anoka County Engineer, he said the traffic from this area would be channeled off Round Lake Boulevard and down 133rd, which is just what the residents don't want. With an NB zoning, retail trade will be allowed. She stated there is office and retail trade space available in the Downtown Center, pointing out there is enough commercial on the outskirts, which is where it should be kept. The noise level in her area is already horrendous; and adding more business and retail trade will make it worse. When she purchased her home six years ago, all the zoning around it was residential. She would not have purchased it if it was commercial in this area. She also feared a commercial district here would drop their property values. Once it is zoned commercialr the city looses control over what goes in there, noting the problem the City of Anoka had with DJ Billiards on Seventh Avenue. They are a residential area and they'd like to stay that way. Mr. Carlberg thought the access to this area would be a right in, right out situation. He talked to the County Highway Department, and they are not looking at any additional property for easement for the improvement of Round Lake Boulevard. Steve Oman, 3535 133rd Lane - stated the access to the parcel is now just a little driveway. He understands that the intent is to keep all accesses off Round Lake Boulevard, so that traffic would come down their residential neighborhood, which is dangerous for the children. A frontage road exists along Bunker Lake Boulevard with property already zoned Neighborhood Business. He didn't think it made sense to create more. Robert Lew, 3559 133rd - opposed the rezoning request. Because of the number of small children in the neighborhood, the additional traffic would be a safety hazard. It will increase the traffic and will add to the traffic congestion of Round Lake Boulevard. He just purchased his house seven months ago and would not have done so if he had known this would be commercial. It would definitely adversely affect the property values in the entire Woodland Terrace area and would create problems for everyone. '.J Bob Kross, Board of directors, Anoka Meadows Townhome Association - is not in favor of what they feel is spot rezoning. They are doing all they can from the Anoka side to keep it as residential as they can. (j u Andover Planning and Zoning Commission Meeting Minutes - November 24, 1992 :_J Page 3 (Public Hearing: Rezoning, R-4 to NBjVariance, 1331 Round Lake Boulevard, Hickey, Continued) They feel spot rezoning would create a precedent of others asking to rezone to commercial because of the high price they'd get for their land. There is an abundance of property not being used as commercial, so more should not be created. Commission discussion noted that though the proposal is for a small office building, the NB zone would also allow retail business and restaurants such as a McDonalds; and the City would have no control over that permitted use. Mr. Carlberg stated the lot is stubbed for sewer and water for three additional residential lots. He didn' t think driveways would be allowed onto Round Lake Boulevard. Possibly some type of multiple residential complex would be appropriate with entrances off 133rd. Mr. Judd - pointed out once the property is rezoned, the owner could decide to sell and a restaurant put in, and the City could not stop it. That would create problems with traffic, screening, etc. The alternative is to keep it residential, possibly with the three homes using a common driveway to 133rd. Keeping it residential is in keeping with the City's Comprehensive Plan. ~ Michelle Inqs, 3511 133rd Lane NW - is against safety and security of her two small children. children along that road, and they don't need any this because There are a more traffic. of the lot of The Commission discussed the improvement of Round Lake Boulevard and the county's purchase of three homes to obtain the right of way. After the needed easement is taken from these lots, Mr. Carlberg didn't think there would be sufficient area in any of them to be useable. MOTION by Apel, Seconded by McMullen, to close the public hearing. Motion carried on a 6-Yes, I-Absent (Pease) vote. , "- '-.J Discussion noted that when the Comprehensive Plan was done, the City had no intention of changing the zoning along Round Lake Boulevard to commercial. Chairperson Dehn stated she travels Round Lake Boulevard frequently and the traffic is atrocious. With the residential areas surrounding this site, she favored keeping the R-4 zoning. Commissioner Apel also argued this rezoning would not be in keeping with the health, safety and welfare of the community. He did feel the parcel would be appropriate for a higher density residential housing such as carriage homes. Commissioner Jovanovich stated she has lived in Chapman's for 20 years. The area has really grown, and she felt the reason the Downtown Center isn't doing as well as it could is because of the road system. She felt more businesses are needed to pull business into the Downtown Center and is in favor of this proposal. Commissioner McMullen agreed with Chairperson Dehn and Commissioner Apel and is against the proposal but is open to multiple dwellings there. u u Andover Planning and Zoning Commission Meeting Minutes - November 24, 1992 :_) Page 4 (Public Hearing: Rezoning, R-4 to NB/Variance, 1331 Round Lake Boulevard, Hickey, Continued) MOTION by Apel, Seconded by McMullen, that the Planning and Zoning Commission recommend to the City Council to deny the request for the rezoning and variance of this parcel from R-4 to Neighborhood Business for the following reasons: 1) we feel that the increase in traffic would substantially mar the safety of the people who are living in this area; 2) most of the people purchased their property knowing that this parcel was zoned R-4; and 3) it violates the intent of the Comprehensive Plan. I feel that we should not detract from their homes by rezoning it to Neighborhood Business. There was a public hearing held. No one spoke in favor of it. We had oodles of opposition. Motion carried on a 5-Yes (Dehn, Apel, Jonak, McMullen, Peek), I-No (Jovanovich), I-Absent (Pease) vote. 8:12 p.m. PUBLIC HEARING: SPECIAL USE PERMIT - CONSTRUCTION OF CHURCH - 17154 SEVENTH AVENUE NW, ANOKA SEVENTH-DAY ADVENTIST CHURCH :~ 8: 12 P.M. Mr. Carlberg reviewed the request of the Seventh-day Adventist Church to construct a church and school on 54.2 acres at 17154 Seventh Avenue NW. There is a private easement through the parcel to get to the back. If the area is ever developed, he assumed that easement would become 173rd. Staff has determined the use will not have a detrimental effect upon the health, safety, morals and general welfare of the community, that the traffic generated should not create any detrimental traffic conditions, it would have no adverse impact on the adjacent property values, and is consistent with the Comprehensive Plan. Chairperson Dehn opened the hearing for public testimony. Del Schmelzer - asked where the church is proposing to build the building and put the driveway. Jan Foulette, 6040 160th Lane NW, Ramsey - stated the plans are not final, but tentatively the church will be built in the area toward the front so it can be visible from Seventh Avenue with the school in the back in more of a nature area. He thought the parking will be off Seventh Avenue. :~ Torn Myre, 136 Gilbralter, Fridley, head of the Buildinq Committee - stated the proposal is to have a sanctuary that has a seating capacity of 360. The school now has an enrollment of 35, and they plan to for a capacity of 180 students. They already have a presence in Andover, but are looking to expand their facilities. They anticipate building in 1993, though that will depend on the fundraising process. Their immediate need is for the school, thinking that would be the first to be constructed. After they sell their present facilities, they would use the funds to build the new church. Most of the students are located such that District 11 transportation can be used. C) o Andover Planning and zoning Commission Meeting Minutes - November 24, 1992 Page 5 j (Public Hearing: Special Use Permit - Construction of Church - 17154 Seventh Avenue, Anoka Seventh-day Adventist, Continued) Mr. Carlberg didn't know of any county plans to upgrade Seventh Avenue in the near future. Someone asked about the waste disposal system. Mr. Carlberg stated it would be designed to accommodate the use of the structures. The City reviews those things in the site plan to be sure all requirements are met. A resident from directly across Seventh Avenue felt this is a lot of acreage for a church and school and asked about the possibility of subdividing the back of the acreage. Mr. Mvre - wants the area in the back to stay a nature area. They looked for land throughout Andover and Ramsey, as they wanted a 10- to 15-acre site, but this is what they found. They feel nature is important and they would like to keep it natural as long as they cani but it is too early to say what they would use it for. A thought was to rent it out as farm land. If they did feel they couldn't handle it, he thought they would want to look at selling it. That same resident noted that the private easement in the location of 173rd would not be a good access onto Seventh because of the hill. He would have a problem if the back portion were sold and developed. , , ,) Ernie Pfanschmidt, 1710 Third Avenue S - owns the property to the south and west of the church property. He stated the church is a good neighbor. He noted the large NSP highline easement through that area. There was a brief discussion on concerns of constructing schools so close to highline wires; however, it was noted that there is no evidence of problems and that Andover School is very close to the highline wires along Hanson Boulevard. It was felt this is not an issue. Gene Yokem, Coon Rapids, Church Member - stated those on the planning committee would like to keep this area as natural as possible. Thoughts have been to have a park area with picnic tables, a garden and small farming for the school children, and to retain the natural beauty of the area. They love the spacious area, and any plans they would have for developing would be brought to their neighbors first. Ms. Schmelzer - was also concerned about selling a the back portion for residential development. Mr. Yokem again stated the intent is to keep it as natural as possible, and the remaining land would not be sold unless they are in great financial need. '\ _/ Fred Sieoel, 17185 Roanoke - stated a lot of traffic comes up the hill on Seventh Avenue. He would rather have nothing there and be able to watch the deer. He felt a church would have less traffic than a residential area and again pointed out the traffic problem on Seventh because of the hill. He preferred to see in writing that the church's intent would be for the school and church site but not housing in the back because of the traffic. r " '-.) , \ '-J Andover Planning and Zoning Commission Meeting Minutes - November 24, 1992 Page 6 , '-) (Public Hearing: Special Use Permit - Construction of Church - 17154 Seventh Avenue, Anoka Seventh-day Adventist, Continued) MOTION by McMullen, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, I-Absent (Pease) vote. MOTION by McMullen, Seconded by Apel, that we recommend approval of the Special Use Permit requested by the Seventh-Day Adventist Church to construct a church and school located at 17154 Seventh Avenue NW (PIN 12-32-25-11-0001 and 12-32-25-12-0001). The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: The use will not be detrimental to the health, safety, morals or general welfare of the community. The use will not case serious traffic congestions or hazards. The use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan. The Permit would have a two-year sunset clause with annual renewal thereafter. We had a public hearing and there was no opposition from the residents. Traffic concerns and housing development were brought up. DISCUSSION: Mr. Carlberg noted the sunset clause for the Riverdale Church was a one-year clause with the Council granting extension on a yearly basis thereafter. The variation in the sunset clause recognized that the construction of the church is dependent upon their fundraising. Commissioner McMullen felt it should be a two-year sunset clause with extensions granted yearly thereafter if needed. Motion carried on a 6-Yes, I-Absent (Pease) vote. 8:50 p.m. , ': '-_/ DISCUSSION - GARBAGE ORDINANCE Mr. Carlberg explained the City Council has asked the Commission to review the ordinance which will regulate garbage haulers and require licensing of them by the City. It also requires all premises and properties within the City to dispose of garbage in a sanitary manner. There is nothing in the ordinance for inspections, but that can be addressed. The Staff will be exploring the possibility of setting up zones for the various haulers, but that is not dealt with at this time. There was some discussion on what constitutes "proof" that a premises is properly disposing of its garbage and on the legality of this section of the ordinance. Mr. Carlberg said all premises must have its garbage collected by a licensed hauler in the City on a weekly basis. That is part of the Solid Waste Act passed by the State legislature which became effective July, 1992. The Commission asked for an opinion from the City Attorney on the legality of requiring residents to contract for garbage disposal. Ernie Pfanschmidt, 1710 Third Avenue S - pointed out the problem of dumped garbage on his agricultural land, including the dumping of industrial waste. He felt the problem needs to be addressed. . \ .~ Mr. Carlberg explained when there is a problem of garbage piled up on a premises and it is not cleaned up by the residentr the City will clean it up and assess the costs back to the property. l,_ ) \ o Andover Planning and Zoning Commission Meeting Minutes - November 24, 1992 Page 7 , .J (Discussion - Garbage Ordinance, Continued) The Commission made the following comments on the ordinance: Ask for a legal opinion and look at the appropriate verbiage for the disposal requirements of every household. Section 4, Subdivision 3, consider accommodation for those who may be appropriately disposing of refuse without contracting with a licensed hauler in the City; look at the structure of the sentences. Page 2, Composting, after discussion on the possibility of outlining a maximum size of a compost pit, it was felt ordinance is acceptable the way it is worded. Page 4, g, last sentence, correct to: "...deposit refuse in a condemned container." The Commission agreed to review the ordinance again after the City Attorney has looked at it and given an opinion. The Commission recessed at 9:15; reconvened at 9:20 p.m. DISCUSSION - ATV/SNOWMOBILE ORDINANCE '\ I , ,./ Mr. Haas explained the City Council has requested the Commission look at the possibility of amending Ordinance 87, Section 3, Operation on Public Property, to allow all-terrain vehicles to be operated on public street right-of-way. Currently ATV's are allowed only on private property with written permission. Snowmobiles are allowed on city street right-of- ways on the boulevard or on the right-hand most portion of the roadway or shoulder. Commissioner Peek stated he would support a ban on all snowmobiling on City streets. Commissioner Apel felt it may be appropriate to treat snowmobiles and ATV's in the same manner, though some people will argue ATV's do more damage to the boulevards. '1 J During the discussions, several residents, including Todd and Joni Craft and Dennis and Kari Richner, argued State laws require they be on the driving surface or in the ditch or boulevard. This pertains to vehicles with no less than four wheels, not dirt bikes. They do not want any more than what is allowed by State law. They would like to see the area north of CoRd 20 opened to ATV use but only within State guidelines, which means only on county roads and highways, no City streets. They are quieter than snowmobiles or dirt bikes. They see people driving snowmobiles to the Downtown Center to do their shopping, some with no helmets, some with no registrations; but they are not allowed to ride their ATV's anywhere in the City. They belong to an ATV Association, and they stress safety, concern for property, etc., and they have actually gone back to repair boulevards that have been dug up with their vehicles. They are a group who likes to recreate on their ATV's. until the area really develops, they feel they should be allowed to ride their vehicles north of CoRd 20 and to be able to access to Oak Grove which follows State statutes. They feel discriminated against by not being allowed to ride their ATV's. The State is looking for parcels of land on which they can ride, just as snowmobiles are given trails to ride on. /' -, \ ~-) , , (j Andover Planning and Zoning Commission Meeting Minutes - November 24, 1992 ,J Page 8 (Discussion - ATV/Snowmobi1e Ordinance, Continued) The Commission debated whether the restriction on ATV's impinges on people's rights much earlier than is necessary, whether they should be treated the same as snowmobiles, whether snowmobiles should also be banned, and if ATV's are allowed, how to avoid the problems caused in the past by people from allover the metropolitan area corning to Andover to recreate on their ATV's. Mr. Carlberg noted the many complaints received which directly relate to snowmobiles. He felt the City should move toward more restrictions on snowmobiles. :.J The Commission asked for a legal opinion as to whether or not the City can write into an ordinance that only Andover residents would be allowed to ride ATV's within the City. They also asked for copies of the State guidelines regulating ATV's. Some felt consideration should be given to allowing the use of ATV's north of CoRd 20 and that some restrictions should be placed on snowmobiles in the southern portion of the City. Councilmember Jack McKelvey explained in 1988 the ordinance was amended to exclude ATV's in the City because of the serious problems of people from allover the metropolitan area corning into Andover to ride their ATV's. He felt the same problem will exist if ATV use is allowed but without a provision limiting the use to Andover residents only. The Commission also asked Mr. Carlberg to obtain copies of ordinances from other surrounding cities for them to review. It was agreed to continue the item to the December 8, 1992, meeting. SKETCH PLAN - NIGHTINGALE RIDGE Mr. Haas reviewed the proposed sketch plan of Nightingale Ridge located east of Nightengale, south of Constance Boulevard. Six R-1 Single Family Rural lots are being proposed plus two outlots. The Staff is recommending the developer look at alternatives to eliminate the outlots by combining them with other parcels. This area could be served by sanitary sewer once the trunk line reaches that area. An unresolved item is whether the church is willing to give up any right of way to make the streets conform to the ordinance. The developer has also talked about transferring a portion of Outlot A to the church. With the changes recommended by staff, some variances will still be needed for lot width at the building setback line because of the existing parcels in the vicinity. Jack Menkveld, Developer - stated the church has expressed an interest in Outlot A. They would deed that to the Church, who would then provide the additional easement needed for the road as a part of their consideration. Outlot B would be sold to the Heidelbergers or combined with one of the other lots, so those two areas will resolve themselves \ by time they get to the platting stage. ,-j Mr. Haas stated the street plan is what the Andover Review Committee would like to see. Also, the lot would front on 159th, not Nightengale, which acts as a collector street. \. , ,_ J , Andover Planning and Zoning Commission Meeting Minutes - November 24, 1992 Page 9 , ) (Sketch Plan - Nightingale Ridge) The Commission had no comment on the proposed sketch plan other than recognizing that some variances will be needed when developing the remaining odd-shaped parcels in the City. The item is to be forwarded to the City Council. OTHER BUSINESS Mr. Carlberg updated the Commission on the status of the City's Comprehensive Plan which is at the Metropolitan Council. The Met Council Staff has asked for a 3D-day extension to the already 100-day period and has recommended Andover coordinate with the other communities on a study of Highway 10. They are saying that any future MUSA expansion will be based on that effort. The City Staff is writing a report outlining the efforts already made on the part of the City at the request of the Metropolitan Council and also noting the City's lack of control over Highway 10. " , ~ There being no further business, Chairperson Dehn declared the meeting adjourned at 10:17 p.m. Respectfully submitted, \0^~~L \~a~ella A. Peach Recording Secretary J