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HomeMy WebLinkAboutOctober 24, 1989 o o ,r---., V o o ,,"~\ I, ~ CITY of ANDOVER PLANNING AND ZONING COMMISSION OCTOBER 24, 1989 MEETING MINUTES """",::::' The regularly scheduled meeting of the Andover Planning and Zoning Commission was called to order at 7:35 P.M. by Chairman Rebecca Pease on Tuesday, October 24, 1989 at the Andover City Hall Offices, 1685 Crosstown Blvd., Andover, MN. Commissioners Present: Chairman Pease, Gretchen Sabel, Bev Jovanovich, Wayne Vistad, Don Spotts, Randal Peek, Ron Ferris Others Present: Jay Blake, d'Arcy Bosell Approval of Minutes The Andover Planning and Zoning Commission was requested to review minutes of the October 10, 1989 Planning and Zoning Commission meeting. MOTION made by Gretchen Sabel to approve. Second to motion by Ron Ferris; minutes of October 10, 1989 meeting approved. cont ' d. . . o C) 8 Planning and ZOning~'hmission October 24, 1989 Meeting Minutes Page Two o Shannon Roeger Special Use Permit Discussion, cont'd Jay Blake presented background information relating to the Special Use Permit application for a Rule 8 Shelter home at 14288 Round Lake Blvd. In previous discussion, clarification from the city attorney was requested on the following: Does the request fall under the definition of "Rest Home" in Andover Ordinance #8? The city attorney has determined request does meet the definition of a rest home. Is request a "Home Occupation?" The city attorney states home meets the criteria of "Rest Home" and must be allowed in a residential district. Can the city limit the types of residents of shelter? The city attorney recommends the city not restrict type of residents. A copy of the letter from City Attorney William Hawkins (attached to minutes) provides detailed explanation of his response. The Planning and Zoning Commission has the option of approving application with restrictions, denying application or tabling proposal. Mr. Blake requests Planning and Zoning Commission forward decision to Andover City Council to be included on the November 7, 1989 agenda. commissioner Peek previously requested the site distance be checked from Round Lake Blvd. Todd Haas and Jay Blake checked site and are of the opinion that site distance is adequate. Mr. Blake reports traffic volume on Round Lake Blvd. at shelter site averages 16,750 vehicles daily. Anoka County has preliminary plans to widen Round Lake Blvd. to four lanes through downtown area within next five years. It is possible Round Lake Blvd. will expand to four lanes past Round Lake to 161st within ten years. Commissioner Spotts asked if any portion of the yard is currently fenced. Ms. Roeger answered there is an 8' high wood privacy fence on sides of property. Front and back are not presently fenced. Commissioner Jovanovich asked if home is taxed as a single or multi-family dwelling. Mr. Blake replied the home is currently homestead but believes the county will tax group home based on their assessing standards. Commissioner Vistad asked how situation will be handled if neighbors adjacent to shelter object to new fencing tied into their existing fence. Blake responded that options for shelter owners arrangement with neighbors to tie into existing area within property line. are to work out agreeable fence, or to completely fence cont 'd. . . o o o Planning and ZOning(~~mmission October 24, 1989 Me ~g Minutes Page Three o Ms. Morin, attorney for applicants, presented Planning and Zoning Commission with modified application. The only modification is on page two, where item seven regarding sex offenses has been deleted. Ms. Morin also submitted staff resumes. Mr. Blake submitted a photograph of site driveway. Commissioner Vistad asked if any residents will stay past the 30 day maximum. Ms. Roeger replied that home will be in transition to emergency shelter. Current placements will not be asked to leave within 30 days but will complete their placement plan. Commissioner Spotts asked applicants how children in their home feel about placement with applicants. Ms. Fitzpatrick answered that children have requested to return to her home. Commissioner Ferris made a MOTION that the Andover Planning and zoning Commission recommend to the Andover City Council approval of a Special Use Permit to Shannon Roeger for a Rule 8 Emergency Shelter Home for adolescent boys located at the N 100' of the S 300' of the E 150' of lot 7 of auditors subdivision 82 Anoka County, Minnesota. Said distances being measured parallel with the S. & E. lines of said lot 7, also including that part of the N 100' of the South 300' of the East 150' of Government lot 4, Section 29, Township 32, Range 24, Anoka County, Minnesota lying west of the centerline of Round Lake Blvd except part platted as Anoka County Highway right of way plat subject to easements of record. Approx property address 14288 Round Lake Blvd. A public hearing was held by the Planning and Zoning Commission on September 12 and October 10, 1989. Several negative comments were heard regarding the conduct of children at this location; however it was clear the the comments were regarding incidents which had ocurred more than two years ago. Corrective measures taken by the residents and management of the emergency shelter appear to have eliminated any problem regarding the control of the boys. Approval of the special use permit will not have a negative effect on the health, safety, morals and general welfare of the occupants of the surrounding area. It will not have a significant impact on traffic onto Round Lake Blvd. There has been no information presented to show that approval of the request would have a negative impact on surrounding property values. The recommended approval is based upon the following conditions: A. The shelter shall be limited to no more than ten temporary residents B. The applicant shall provide proof of license with the State of Minnesota and Anoka County C. The Andover Planning and Zoning Department shall inspect the property after six months and then annually to insure compliance with all municipal ordinances cont'd... o o o Planning and ZOningcmmiSSion October 24, 1989 Me hg Minutes Page Four o D. The applicant will meet all requirements of the State of Minnesota Uniform Building Code for ingress, egress, etc. E. The applicant will limit vehicle parking at the shelter to insure that there is always adequate space to allow vehicles to turn around and move forward onto Round Lake Blvd. If the existing driveway is not adequate as judged by the Andover Building Inspector, the area will be enlarged per specifications provided by the Andover Building Inspector. F. The applicant will install a fence between the subject property and surrounding homes. Second to motion by Don Spotts. Commissioner Sabel noted in reference to Condition B, the applicant cannot obtain license from state until city permit is granted. Mr. Ferris explained that typically certain conditions must be met before conditional use permit is granted. Mr. Ferris' intent is to have copy on file at city of license granted by state. commissioner Peek requested Condition B be amended to add loss of state licensing will mandate loss of city granted Special Use Permit. commissioner Vistad stated he believes third paragraph of motion should read in part: Approval of the Special Use Permit may not (rather than will not) have a negative effect on the health, safety, etc. Mr. Ferris was unwilling to make this amendment. Mr. Peek suggested motion include notice by city to residents within certain distance that Special Use Permit had been recommended for approval by Planning and Zoning Commission. Mr. Ferris stated notice will be published in newspaper when City Council grants Special Use Permit. Commissioner Vistad asked that height of fence be established within motion. commissioner Ferris amended his motion as follows: Condition B is to read: B. Should Rule 8 license be revoked by the licensing body, the Special Use Permit granted by city will also be revoked. Condition F will be modified to include a minimum fence height of six feet. The following paragraph will be added to become last paragraph of motion: Upon licensing by the State of Minnesota and Anoka County, copies of the licenses will be maintained by the city. Amendments to motion were approved by Don Spotts. Commissioners were polled for their vote on motion. Oppose Bev Jovanovich Wayne vis tad Favor Gretchen Sabel Don Spotts Ron Ferris Randall Peek Rebecca Pease cont'd... o o '-'I '-../ planning and ZOning~ mission October 24, 1989 Meeting Minutes Page Five o Motion will be forwarded to City Council for discussion during 11/07/89 meeting. commissioner Ferris requested City Building Inspector visit property before 11/07/89 City Council meeting. In conclusion, Commissioner Ferris suggested applicants attempt to establish/ maintain rapport with neighbors. Lundby Lot Split Request d'Arcy Bosell presented request as outlined in 10/24/89 Request for Planning Commission Action memo. Ms. Bosell noted that Paragraph four of request should read Ordinance 40, not Ordinance 4. The applicants, Mr. and Mrs. Lundby, were present during discussion. Commissioner Vistad stated that constructing a road will put unnecessary expense on applicants. commissioner Ferris stated a road will be necessary toaccomodate emergency vehicles and as an emergency exit. Mrs. Lundby stated emergency access is adequate. Mr. Blake explained that road would not be constructed until development is platted. Commissioner Sabel asked why map shows a 7S' wide lot. Mr. Lundby explained his parents owned property for many years. They sold strip of land to neighbor who built closer to lot line than "comfortable." Mrs. Lundby said construction of road will leave them with a small unusable portion of land. Bosell said steps would be taken to have that piece of land become a buildable lot. Mrs. Lundby stated the additional traffic a road would bring will cause a hardship to Mr. and Mrs. Lundby. Mr. Ferris noted the amount of traffic that turns off County Road 9 onto l75th is also a dangerous situation. Mr. Ferris asked if proposed 178th extension has to be aligned. If street is jogged the small lot could be eliminated. Commissioner Spotts asked the approximate cost of extending l78th to Round Lake Blvd. Mr. Blake stated approximate cost to property owner is $2S.00/foot. Lundby's own property on both sides of proposed road so cost will be approximately $SO.OO/foot. commissioner Peek asked if subdividing can be done to comply with existing ordinance. Bosell stated it can. cont'd.. . () o ,'. U Planning and zoning(~~mmission October 24, 1989 Me~~g Minutes Page Six () Mrs. Lundby stated if road is required through she and her husband will not subdivide property. Mrs. Lundby reiterated that road would create a hazard. Property has many pine trees and traffic would increase likelihood of fire (careless smokers, etc.) Commissioner Vistad believes proposal is an improvement because it brings more of land into compliance in regard to minimum frontage, lot sizes, etc. Commissioner Vistad made a MOTION to open the Public Hearing. Second to motion by Gretchen Sabel. There were no resident comments. MOTION made by Vistad and seconded by Jovanovich to close Public Hearing. Mr. Blake noted there is not a concept plan for this part of city. Commissioner Vistad stated it is most important to avoid more entrances onto Round Lake Blvd. Ms. Bosell recommends Planning and Zoning commission follow Saarenpaa Lot split, or accept this lot split as requested. commissioner Ferris believes now is the time to set aside easement. Bosell also noted this request is subject to Park Dedication Fee. Mr. Spotts asked the Lundby's what their feelings are regarding easement, road, etc. Mr. and Mrs. Lundby stated they will not follow through with lot split if road or easement is required. Commissioner Vistad made a MOTION that the Andover Planning and zoning Commission recommend to the Andover City Council approval of the lot split request at l7762 Round Lake Blvd., N.W. to divide off 2~ acre tract parcel to the north by Larry E. and Catherine A. Lundby, legal description as attached, including scale drawings and proposed land survey. Request is to create Trace C - 350 feet frontage on Round Lake Blvd. and 312 feet deep; create Tract B - 300.75 feet on Round Lake Blvd., additional information on survey. A Public Hearing was held, there were no objections. Plat does comply with requirements of Ordinance 40. Parcels meet requirements of zoning district and meet minimum lot depth and width, and do not violate intent of Comprehensive Plan. Subject to Park Dedication fee. Second to motion by Gretchen Sabel. Commissioners were polled for their vote on motion as follows: Oppose Vistad Ferris Peek Jovanovich Favor Sabel Spotts Pease Mr. Vistad stated for proper planning, 178th Lane should be planned for a cont'd.. . Planning and Zoning(~~mmission October 24, 1989 Me~g Minutes Page Seven o .~ 66 foot easement for future emergency vehicle and regular transportation into area west of property. Current request as proposed does not plan for future expansion. Mr. Ferris noted that expansion of 178th Lane would lessen congestion at 175th. Ms. Sabel stated connecting Orchid through Vineski property would address traffic concerns. If 178th is run out to Round Lake Blvd., a problem will occur when 179th comes in from the east. These two streets would be "off" one block. Chairman Pease stated the application does meet Ordinance 40 and there is no direction or concept for this portion of Andover. This item will be presented to Andover City Council at their 11/07/89 meeting. Public Hearing, Meadow Creek School Amended Special Use Permit The Andover Planning and Zoning Commission was asked to review the Amended Special Use Permit request of the Meadow Creek School to allow the expansion of the enrollment of the school from 445 to 650 over the next 5 years. Mr. Don Jacobson was present to represent Meadow Creek School at meeting. The city staff recommendation is to approve with restrictions the request for Amended Special Use Permit. o Mr. Jacobson stated the school will maintain firm policy of no more than 25 children per class room. The request for enrollment of 650 students is based on reasonable projections made by school. MOTION made by Ron Ferris to open Public Hearing. Second to motion by Commissioner Vistad. No resident comments were made. MOTION made by Ron Ferris to close Public Hearing. Second to motion by Wayne Vistad. Public Hearing closed. MOTION made by Bev Jovanovich that the Andover Planning and Zoning Commission recommend to the Andover City Council approval of the Special Use Permit for Meadow Creek School to increase full time student enrollment from 450 to 650 students. The proposal meets the minimum criteria established in Ordinance 8, Section 5.03 for granting Special Use Permits. Proposal is not detrimental to the health, safety, and general welfare of the occupants of surrounding lands, existing and anticipated traffic and parking conditions; property values and scenic views. It is in harmony with the Comprehensive Plan. A Public Hearing was held and there was no opposition. The following restrictions will apply: 1. The Meadow Creek School may expand enrollment per the following schedule: ~J School Year 1989-1990 1990-1991 *1991-1992 *1992-1993 **1993-1994 Enrollment 450 475 500 525 650 cont 'd. . . /~ V o o Planning and zoning/--~ission October 24, 1989 Me~_}ng Minutes Page Eight o * Based on conversion of existing sanctuary into classroom space ** Based on completion of School expansion project 2. The Meadow Creek Church will pay appropriate Sewer and Water user fees based on total school enrollment. 3. The permit will be reviewed annually to ensure compliance with all City Ordinances. Second to motion by Wayne Vistad. Mr. Vistad suggested the word "sanctuary" be replaced with the word "structure" contained in restriction 1. Commissioner Ferris recommended striking restriction 1 as proposed in motion. He recommended restrictions to Special Use Permit be as follows: 1. The Meadow Creek Church will pay appropriate Sewer and Water user fees based on total school enrollment. 2. The permit will be reviewed annually to ensure compliance with all City Ordinances. Ms. Jovanovich agreed to amendments to restrictions as outlined in motion. Mr. Vistad was also in agreement to restrictions. Commissioners were polled for their vote on motion; all commissioners favor motion. Urban Lot Information, discussion The Andover Planning and zoning Commission was asked to review information on urban area lot availability. This information was presented for preliminary discussion of the upcoming MUSA line expansion proposal. The following items were included in packet to commissioners: September 1989 Building Department report to the City Council and Department Heads Analysis of homes built in the Urban Area Summary of lots available in Urban Area as of October I, 1989 Mr. Blake reported the city has received requests by four developers for Urban Service. Currently, the city is slightly behind projected construction. construction has not dropped off as significantly in Andover as communities. It was noted that in other Mr. Blake also reported that 79% of homes build in Andover this year are in Urban areas. Commissioner Spotts asked if Met Council has given any indication about expanding boundaries. Mr. Blake replied it is generally the position of Met Council to prevent unnecessary expansion. cont'd.. . o o o (' . .) . . Plann~ng and Zon~ng omm~ss~on October 24, 1989 Meeting Minutes Page Nine u There will be further discussion on this issue at the November 14, 1989 meeting. Other Business The contract with Werness has been signed. November 2, 1989 Mr. Werness will have an aerial videotape of Andover available for viewing. The City Council approved the Boshay variance. City Council tabled the Kelner request. Gretchen Sabel reported that Mr. Jim Pennino, (296-7399) is the hydroligist involved with Andover landfill. Mr. Pennino found the methane contamination of landfill in April 1989 to be slightly (not significantly) lower than when landfill was tested in 1986. Gretchen Sabel suggested city write to agency and ask for a report of tests. Ms. Sabel also noted a property for sale on Andover and Crosstown Blvds. She feels if building restrictions will be imposed, action should be taken now. Also, Anoka County has tested wells in Red Oaks without negative findings. Ferris questioned how city can be assured EPA will investigate. Sabel replied the EPA is investigating the groundwater contamination. Ms. Sabel will attempt to get help from state on gathering information on methane gas. An expert in the area of methane is Mr. Steve Whitman with Warzyn Engineering based in Madison, WI. MOTION made by Ron Ferris to adjourn. Second to motion by Sabel. Meeting adjourned at 10:40 P.M. Respectfully submitted, Theresa Hogan OCT~1~-89 THU 12:~~ /' ") '-..I P.02 LAw OrrlCES OJ' o lIufKC and .HawKins o ,~ ) , JOHN foil, BURKE . WILLI"M G, HAWKINS SUITE lOt 280 COON ""~'OS 1l0ULEVAIIO COON ""~IOS. MINNUOTA 88433 ~ONECOI~)78~~8es October la, 1989 Mr. Jay Blake Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 ReI Roeger Special Use Permit Dear Jay: I am writing in response to your request for my opinion concerning several matters that were arranged by the Planning Commission during their deliberations on the Roeger Special Use Permit application. Those items are addressed in your letter of October 11, 1989. For your information Minnesota Statute 5462.357, Subd. 8 is the enabling legislation that deals with the regulations that the Ci ty can impose concerning a licensed residential faCility. Under Subdivision 8 a licensed residential facility serving from 7 to 16 persons shall be conSidered a permitted multifamily residential use of property for purposes of zoning. The City may require a special use permit in order to assure proper maintenance and operation of a facility, provided that no condi- tions shall be imposed on the facility which are more restric- tive than those imposed on other special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility. Based upon the information you have provided, it would be my opinion that this activity would constitute a "rest home" as defined in Ordinance a. This definition includes a private home for the care of children. It is my understanding that this home would be available for sheltering of, neglected, abused, or abandoned juveniles. As such this use would be a special use under Ordinance a. Your second question concerns whether or not this would be classified as a home occupation. Since the state statute C T - 1 '9 -.' 8 '9 T H U . Or 1 2 : 2C) / -''\ \ 1 .J P.03 o Mr. Jay Blake October la, 1989 Page 2 mandates that these ara permitted multifamily residential use of property and can be regulated by special use permit, I do not believe the City would be able to attempt to designate this as a home occupation and therefore excluded from the district. Further, the City ordinances clearly allows them as special uses by permit. A final question concerns whether the City would have the abili ty to prohibit individuals who have a history of sex offenses. The City does have the authority to impose conditions that are necessary to ensure proper operation of the facility. Since a residential treatment center by its nature may deal with individuals \oi'ho have a history of sex offenses., I believe it would be the burden of the City to show that proper operation of a facility of this type should not include these types of indi- viduals. You would have to have an independent expert provide evidence, that in their opinion, this is not a satisfactory fac~lity for treatment of these types of offenders. In absence of fthis information I believe it may be difficult to entirely restrict offenders of this nature. () If you have any further questions, please feel free to contact me. ~y. William G. Hawkins WGH:mk ': ) ,