HomeMy WebLinkAboutNovember 28, 1989
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CITY of ANDOVER
PLANNING AND ZONING COMMISSION
NOVEMBER 28, 1989
MEETING MINUTES
The regularly scheduled meeting of the Andover planning and Zoning commission
was called to order at 7:35 P.M. by Rebecca Pease on Tuesday, November 28, 1989
at the Andover City Hall Offices, 1685 Crosstown Blvd., Andover, MN.
Commissioners Present: Chairman Pease, Randal Peek, Don Spotts, Wayne Vistad,
Bev Jovanovich, Gretchen Sabel
Others Present: Jay Blake, Todd Haas
Approval of Minutes
The Andover Planning and zoning Commission was asked to review minutes of the
November 14, 1989 Planning and Zoning Commission meeting.
commissioner Sabel motioned to approve 11/14/89 meeting minutes. commissioner spotts
seconded motion. vistad and Jovanovich abstained from vote as they did not receive
minutes. MOTION passed; minutes approved.
public Hearing - Sonsteby Mining Permit
The Planning and zoning Commission was requested to review and approve the
Special Use Permit to mine soil as requested by Rosella Sonsteby in sections 29 and
30, per Ordinance 8, Section 4.24. Request was presented by Todd Haas.
This item was tabled from the June 13, 1989 meeting until the application
requirements were met. Neighbors within 350 feet of the property were notified of
the re-hearing. The item was republished in the Anoka County Union.
The mining operation would be completed by 1994.
Haas noted stockpiles might be visible to the residents that live directly east of
the proposed ponding area, however this will be a temporary condition as plans are
to stockpile only as needed.
Ms. Sonsteby has proposed to use County Road 116 as a haul route and will not
utilize 143rd Avenue N.W. for that purpose.
Because request has been changed since initial submittal, staff recommends
Ms. Sonsteby be required to resubmit plan to MN DNR, U.S. Army Corps of Engineers
and other interested agencies before city issues permit.
Ms. Sonsteby must also make application to Corps of Engineers for approval to
build a haul road over wetland area.
Mr. Blake stated the DNR has indicated mining will not be allowed to occur in area
of protected wetlands.
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Andover Planning and ~ng Commission
November 28, 1989 Meet~ng Minutes
Page Two
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Pease asked if there was an estimate available of how concentrated the increased
truck traffic will be.
Haas replied the traffic will vary and depend on demand.
Peek questioned if applicant has verified that underground soil is suitable for
topsoil.
Haas stated that borings have not been done.
Vistad stated his major concern is what effect mining will have on Round Lake.
John Rodaburg, consulting engineer with TKDA, stated that based on his review,
mining will not significantly impact flow of water to Round Lake nor will it
effect the water level.
vistad stated that according to DNR reports, the low level of Round Lake is due
to seepage and control of groundwater.
Chairman Pease opened the Public Hearing at 7:50 P.M.
Don Legge, 14417 Vintage Street N.W. stated responsibility for site should belong
to one party. Currently the SUP request holds a non-specified contractor responsible.
Legge believes Sonsteby should be responsible for site and should be main contact
person for issues and concerns in regard to mining operation.
Haas replied that SUP states contractor responsible as contractor will be on site.
Ms. Sonsteby will be main responsible party and primary contact person. Contractor
will be required to be licensed within the city of Andover and must provide
proof of insurance.
Legge does not feel the minimum required amount of insurance ($100,000.00) is
adequate.
Other concerns cited by Mr. Legge are the increase in number of trucks in area,
the effect mining may have on his well, and the safety issues regarding stockpiling
near a park.
Mr. Legge requested dust monitors be installed and monitored by an independent
agency. He requested noise monitors be installed. Also, he wants area to be
wet down at least twice a day.
Mr. Legge requested a restriction against Saturday work.
Chairman Pease stated that the hours allowed for hauling are consistant with
other mining permits granted by the city.
Mr. Legge questioned if Environmental Impact studies will be conducted.
Haas replied that Environmental Impact studies are not required.
Mr. Legge requests a study be done to determine effect on his well.
John Rodaburg stated that mining will not be deep enough to have an adverse
effect on well.
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Andover Planning and (~'1ing Commission
November 28, 1989 Mee..__.{g Minutes
Page Three
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Mr. Legge questioned if explosives will be used on site.
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Mr. Haas answered explosives will not be used'.
Mr. Legge asked if he will maintain the same quality water.
John Rodaburg stated there will be a short term effect on surface water.
Studies would need to be done to determine possible effects on well water.
Mr. Blake will investigate the process to petition for an EAW.
Mr. Legge noted that mining operation is set up in five phases. He requests
each phase is controlled so phases aren't going on at the same time.
Mr. Haas stated that applicant is required to restore the banks of the mined area
after the area has been excavated using an approved topsoil, seed, and/or vegatation
or mulch to establish erosion control.
Mr. Legge further requests that fence be erected separating park from stockpile.
Resident at 14406 Vintage Street NW concerned about stockpiles. He questioned
distance of stockpiles from park and height of piles.
Haas stated stockpile will be 30 - 40 feet from park. He recommends that
Planning and Zoning Commission require snow fencing around stockpile.
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Mr. Blake stated that city cannot place conditions on applicant without just cause
or could open way for lawsuit. Restrictions must be based on clear fact and not
speculation.
Peter Rowen, 4110 147th Lane N.W. stated the real issue is whether SUP should
be granted to develop wetland. By ponding and moving dirt, Rosella Sonsteby is
converting her land to land that is developable for high density housing.
The impact of such a development will be significant to existing neighborhood.
Mr. Blake stated that types of soils to be removed from Sonsteby property are not
buildable soils. Legally, Ms. Sonsteby cannot fill a large portion of her area.
Mr. Blake explained that an EAW is a 3 - 4 page checklist. To request an EAW,
a petition including the signatures and mailing address of 25 persons must be
submitted to the Environmental Quality Board who would determine the Regulatory
Governing Unit, in this case the City of Andover. Content of petition must include
a description of the proposed project, the proposer, the name and address and
telephone number of the representative of the petitioners, a brief description
of the potential environmental effects that may result from the projec~. The
RGU would order the Environmental Worksheet.
Dave Blackstead, 14349 Vintage stated his concern that stockpile near park be
fenced. He noted that a portion of the Sonsteby property appears to be
buildable. He stated that the dirt mined could be used on adjacent property for
development of manufactured home park.
r~ Blake stated that city cannot prohibit to whom Sonsteby sells soil.
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Andover Planning ar(-'oning corrunission
November 28, 1989 M~cling Minutes
Page Four
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Blackstead asked if ditch improvements are planned.
Ms. Sonsteby stated she will possibly improve ditches.
John Rodeberg stated plan for area was developed based on the ultimate
100 year flood plain.
MOTION made by corrunissioner Vistad to close Public Hearing. Second to motion
by Gretchen Sabel. All corrunissioners favored motion; public Hearing closed.
Corrunissioner vis tad stated a restriction should be imposed to control the number
of trucks in area. He noted the city has already approved a major mining permit
on the other side of Round Lake. Vistad feels traffic problems may occur.
Blake replied that the county places road restrictions during thaw times.
Restrictions are based on carrying capacity of road. Irrunediately to the west
of Sonsteby property is a section of poor road. The county was notified
of Special Use Permit application and did not respond. Also, to date there
have been no complaints regarding truck traffic due to present mining operations.
Haas stated that restrictions to number of trucks have not been imposed on
other mining Special Use Permits granted by city.
Vistad stated this area is unique in that it is next to a park.
Blake replied that uniqueness must stem from features of the land.
does not believe that an increase of 3,000 vehicles over a two year
will cause traffic problems on a road that currently carries 15,000
per day.
Blake
period
vehicles
Plans are to upgrade Bunker from Round Lake Blvd., to Hanson from two to
four lanes within the next five years.
Ms. Sonsteby stated that her mining operation will not greatly increase
truck traffic as black dirt on the north end of property is to be used for
a manufactured home park.
Corrunissioner Vistad asked Ms. Sonsteby if purpose then is to build up her
land in order to develop a mobile home park.
Ms. Sonsteby replied the black dirt would be used for the top, not to build on.
Haas replied that under this Special Use Permit, building up land will not be
allowed. Ms. Sonsteby would need to submit a grading plan.
Corrunissioner Peek feels it would be prudent for Planning an~ zoning Corrunission
to abstain from decision until results are obtained from Corps of Engineers.
Haas cited contingency under staff recorrunendation condition 8.
Peek asked if other mining permits granted have been this close to residential
areas.
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Andover Planning an? ~oning Commission
November 28, 1989 !:~ing Minutes
Page Five
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Blake replied that Nordeen's was approximately 300 - 500 feet from a residential
area. Indian Meadows is very near a developed area.
Vistad wants the recommendation of the Corps of Engineers before deciding
this issue due to his concern for Round Lake.
Pease asked Ms. Sonsteby when she plans to begin mining.
Ms. Sonsteby replied exact date will depend on contractor but she plans to
begin in the Spring of 1990.
commissioner Spotts asked Ms. Sonsteby if she plans continuous operation once
she begins.
Ms. Sonsteby replied affirmatively.
Commissioner Spotts asked Ms. Sonsteby if in the future, she intends to build
single family dwellings, or a manufactured home park on her property.
Ms. Sonsteby answered she intends to build a manufactured home park on the
northern portion of property. She has not made a decision on what will be
built on southeast portion.
Commissioner Spotts asked Ms. Sonsteby if she would be willing to take measures
to control dust and noise and if she would be willing to fence.
Ms. Sonsteby stated the park if 500 feet from stockpile, not 30 feet as stated
earlier in meeting.
Haas recommends fencing the stockpile as opposed to fencing the park.
Spotts asked if blowing dirt could affect the neighbors.
Haas questioned if effect of blowing dirt from mining operation would be
any different from effect of blowing dirt from farm. At this time, there
is no erosion control policy. Ms. Sonsteby stated she would seed as soon
as possible for practical reasons.
It was noted that Special Use Permits are subject to annual review.
Mr. Spotts recognized that Ms. Sonsteby began process of meeting with Planning
and Zoning Commission in July, 1989. He believes she should get an answer as
soon as reasonably possible.
Blake stated that issues surfaced at this meeting that must be resolved. These
issues include the manufactured home park and defining specific haul routes.
Ms. Sonsteby stated she has spent a great deal of money and does not want
further delays.
Commissioner Sabel questioned Ms. Sonsteby's commitment to following plan by
Ken Gust as outlined to Planning and zoning Commission.
commissioner Peek stated he does not feel exhibit reflects intent.
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Andover Planning ar(-~oning Commission
November 28, 1989 Meccing Minutes
Page six
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Mr. Gust noted that stockpiles were selected for a treeless area that has
good potential for sun and drying.
Commissioner vis tad made a MOTION to table discussion until P~sella Sonsteby
provides exact haul routes and intent, and until county recommendation
regarding County Road 116 is received by city, and information regarding
haul road and determination of seepage of Round Lake is provided by Corps
of Engineers and DNR. The safety issues/questions regarding closeness of
stockpile to park must be answered. Information is to be obtained as soon
as possible.
Second to motion by Don Spotts.
Commissioner Sabel stated the major reason for tabeling is to get a firm
commitment from Sonsteby. Other mining Special Use Permits have not been
required to obtain permits before Planning and zoning Commission decision.
Decision in other mining Special Use Permits was contingent on obtaining
necessary permits.
Vistad feels this case is different because of applicants indecisiveness and
proximity of stockpiles to park.
Peek wants proposal to include a maximum height limit of stockpile. He
believes the neighbors issues are valid regarding dust and noise and security.
Layout of haul roads should be sensitive to occupied residential lots.
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Commissioners were polled for vote on motion as follows:
Bev Jovanovich - Yes
Wayne Vis tad Yes
Gretchen Sabel No
Randal Peek No
Don Spotts Yes
Rebecca Pease No
Commissioner Sabel made a MOTION to table discussion until a firm commitment
is obtained from Rosella Sonsteby; until Rosella Sonsteby determines if she
will follow plan submitted; and if so, Planning and zoning commission must see
changes in plan that reflect haul road, and stockpile issue must be addressed.
Second to motion by Randal Peek.
Vis tad asked if information from other interested agencies should first be
obtained.
Sabel felt that because past permits have been granted contingent on DNR
approval, this permit msut be treated the same, and Planning and Zoning
deliberations should proceed.
Blake suggested Planning and Zoning commission direct City Council to change
this policy to require that all necessary permits from interested agencies
be acquired before permit is sought from city.
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Sabel amended motion to include direction to the Andover City Council that
policy be changed to require necessary permits be obtained from interested
agencies prior to request for Special Use Permit from city.
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Andover Planning a~;oning Commission
November 28, 1989 M~cting Minutes
Page Seven
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All commissioners voted in favor of motion; item tabled.
Todd Haas will contact Ms. Sonsteby with result of motion.
Watts Garden Acres, Public Hearing
The Planning and Zoning commission reviewed sketch plans received from residents
for the development of Watts Garden Acres and the future alignment of Commercial
Blvd., from Hanson Blvd., to the proposed Nightengale Street.
Presentation was made by Jay Blake.
Mr. Blake noted that discussion was not to include details such as lot size and
street names as usually handled in preliminary plat.
It is noted that Andover Wheel and Frame is planning an expansion. Expansion plans
hinge on development of Commercial Blvd.
Four sketches (A, B, C & D) of area were presented to Planning and Zoning
Commission.
Sketch A was compiled by City Staff, as directed, without consideration of
property lines. Residents of area cited the following concerns with Sketch A:
Hurst's object to a portion of their property being zoned commercial,
Boeke's object to number of roads through their property,
Werke's feel sketch A reduces their developable property.
Mr. Blake feels the major flaw of Sketch Plan A is that it does not treat
all property owners fairly.
Sketch B is also a staff drawing and is described on page two of the 11/28/89
Request for Planning Commission Action memo.
Sketch C was submitted by Wagner's. Staff is concerned about the significant
amount of grading and tree removal necessary to follow this plan.
Sketch D was submitted by Hurst and Boeke. Staff believes with minor alterations
this sketch could work well.
Vistad questioned why 134th doesn't run straight on Sketch D. Blake replied
that aesthetically a curved street is more pleasing. Haas noted that plan
attempts to work around existing homes.
Commercial Blvd.
John Rodeberg compiled five drawings for options pertaining to Hanson Blvd., to
Jay Street. Drawings are included in Planning and Zoning Commission packets.
City Staff prepared three options for Jay Street to Tonson Site.
included in packet.
Options
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Andover Planning ar(--'oning Commission
November 28, 1989 ML~~ing Minutes
Page Eight
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Rodeberg stated that drawings for Hanson Blvd., to Jay street were based on
concept plan developed in 1987 for commercial park. Cost was not a considered
factor in drawings, just route options. Rodeberg noted that the county prefers
frontage streets behind businesses.
Staff favors option with fairly straight roadway. An inexpensive building
would need to be removed.
Rodeberg described the three options for the alignment of Commercial Blvd.,
from Jay Street to the Tonson Site. Option A was based on bringing road straight
from Jay Street along property line and curving around pond existing in back
area. A problem with this option is that residential development would be
affected and portion of area would have to be rezoned to avoid residential
lots backing a commercial area.
Option B is similar to Option A except roadway is moved completely off Hurst
property. Road is run entirely on AndoverAuto Parts property.
Option B would provide for easier development of Hurst property.
Option C was originally proposed in concept plan for commercial park.
Blake noted that Lynwood made request months ago and direction is needed by
Planning and Zoning Commission so development can proceed.
Chairman Pease opened the Public Hearing at 10:25 P.M.
Gary Wegner stated his major concern is that a proposed cuI de sac will not
be to his benefit but will likely cost him money. He also feels pine trees
should be removed before oak trees.
Haas stated that Section 9.02 Street Plans of City Ordinance reads "the
arrangement, character, extent, width, grade, location of all streets shall
conform to the Comprehensive Plan, the approved street standard specifications,
and all applicable ordinances, and all streets shall be considered in their
relation to existing and planned streets to reasonable circulation of traffic,
to topographical convenience and safety and the appropriate relation to proposed
uses in the area." In this case the natural features are the trees.
Wegner cited Section 9.03 and stated he would suffer a hardship.
Blake explained intent of
would create a landlock.
section of Ordinance.
Ordinance is to not subdivide land in a manner that
A financial loss would not be a hardship under this
Sue Hurst, l3440 Jay Street stated her objection to any and all sketch plans
of project 89-~3 as well as Sketch Plan A, B, C prepared by Andover City Staff.
She stated in June the council agreed to shelve project and to provide written
notification to all area residents of any time project was to be discussed.
Hurst feels city showed dieregard to notifying residents.
Hurst does not want to be assessed for road from which they will not benefit.
She does not want any portion of Commercial Blvd., on her property.
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Andover Planning anr' -Zoning Commission
November 28, 1989 ~~ing Minutes
Page Nine
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Hurst read a prepared statement and requested it be signed and dated by
Chairman Pease.
Pease received and signed statement.
John Rodeberg stated tonight's meeting is not a proposal to construct.
Written statements by Donald and Marion Boeke, Harold and JoAnn Wilber,
Charles Mistelski, Kurt and Susan Hurst, and Gerry and Kay Wegner were
received by Commission. Statements attached to original set of minutes.
Don Boeke wants additional access than provided by Jay Street. He would
like l34th to go through straight to make more lots. Mr. Boeke supports the
general concept.
Bob Pearson, owner of Andover Auto Parts asked who would pick up the cost if
Commercial Blvd., runs through Andover Auto Parts.
Mr. Blake stated some tax increment financing may be available.
Pearson noted that with Option B he would lose 90 feet of property.
JoAnn Wilber feels improvements should be made on Bunker Lake before Commercial
is looked at. She states assessments must be reasonable and cannot be a
financial hardship to owners.
MOTION made by Wayne Vistad to close Public Hearing. Second to motion by
Bev Jovanovich. All commissioners favor motion; Public Hearing closed at
11:10 P.M.
Wayne Vistad stated his preference for drawings and options as follows:
Sketch B for east of Jay Street - feels best in regard to topography
Sketch D for west of Jay Street - as a general concept
Option C for Commercial Blvd as allows maximum number of commercial lots.
Commissioner Sabel stated her agreement to order of preference as listed by
Vistad.
Commissioner Spotts stated his opposition to Commercial Blvd., at this point
in time. However, he agreed to Vistad's preference as a plausible, possible
solution at this time.
Blake stated his concern is that Mardaus development conform with conceptual
plan.
Peek, Jovanovick and Pease also favor Vistad's choice.
Spotts asked what will buffer homes from Commercial Blvd., Blake stated options
would be berm or trees.
Don Spotts made a MOTION that the Planning and Zoning commission recommend
to the Andover City Council approval of Sketch Plans B & D for residential
development and Option 4 with modifications and C for Commercial Blvd.
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Andover Planning and_Zoning Commission
November 28, 1989 M~ng Minutes
Page Ten
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Second to motion by Vistad. All commissioners voted in favor with exception
as noted: Don Spotts does not favor plan for Commercial Bolevard. MOTION
passed; will be presented to City Council 12/19/89.
Commissioner Spotts asked Blake how many zoning changes will be required.
Blake replied Wegner's property and part ofMardaus property would be rezoned.
Metes and Bounds, Park Dedication
Background to the request for Planning and Zoning Commission to review the
request of the Andover Park and Recreation Committee to take park dedication
fees from metes and bounds lot splits of five acres or larger is included
in commissioner's packets.
Mr. Marc McMullen, Chairman of the Andover Park and Recreation Commission
was present to discuss request with Planning and Zoning Commission.
It is the opinion of City Attorney Bill Hawkins that a flat rate lot split
fee may not be legal.
Chairman McMullen suggested fee be set at 10% of fair market value.
Vistad recommended fee be set at 10% of fair market value, or $200.00, whichever
is less.
Spotts felt this would be unfair when comparing a small lot split with a
large development that could recoup fee.
Blake said another option would be to not allow metes and bounds. City could
require platting process for all divisions.
Vis tad made a MOTION that the planning and Zoning Commission recommend to the
Andover City Council park dedication fee on all metes and bounds lot splits
be based on lO% of fair market value on newly created lots of parcels that
are less than 20 acres.
Second to motion by Don Spotts. All commissioners but Randal Peek favor
motion; MOTION passed.
Blake will prepare changes to Ordinance 40.
It was recommended that appraisal fee be negotiated between buyer and seller.
Ordinance Amendments
Don Spotts made a MOTION to approve amendments to City Ordinance 53 (Dog
Ordinance) and 62 (Discharge of Firearms Ordinance) as presented.
Second to motion by Randal Peek.
All commissioners favor motion, MOTION passed.
other Business
Chairman Pease suggested the holiday party be tentatively scheduled for January.
Commissioners will meet at the Andover City Hall offices at 6:30 P.M. on
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n over ann1ng ar~on1ng Comm1ss10n
November 28, 1989 Meeting Minutes
Page Eleven
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December 12, 1989 for hors d'oeuvres prior to the 7:30 P.M. regularly
scheduled meeting.
MOTION made by Randal Peek and seconded by Gretchen Sabel to adjourn.
All commissioners favor motion; meeting adjourned at 12:00.
Respectfully submitted,
Theresa Hogan
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November 28, 1989
To whom it may concern:
As the legal owners of the property described as lot # 5 Watt's
Garden Acres in the County of Anoka in the State of Minnesota, we do
hereby state our objections to any and all sketch plans of project
89-13 as well as Options A, B, and C that were prepared by the City of
Andover staff members and presented to the City of Andover's Planning
and Zoning Commission.
As members of the Whip '0 Will Hill development, we also let it
be known that we do object to the plan prepared by the city's staff
regarding lot # 11.
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Sincerely,
. ~ytW. Hurst
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Susan D. Hurst
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November 28, 1989
To whom it may concern:
As the legal owners of the property described as lot # 6 Watt's
Garden Acres in the County of Anoka in the State of Minnesota, we do
hereby state our objections to any and all sketch plans of project
89-13, as well as Options A, B, and C, that were prepared by the City
of Andover staff members and presented to the City of Andover's Plan-
ing and Zoning Commission.
As members of the Whip'o Will Hill development, we also let it
be known that we do object to the plan prepared by the city's staff
regarding lot # 11.
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Sincerely,
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November 28, 1989
To whom it may concern:
As legal owner[s] of t~e property[ies] described as lot[s] #~-- ~
Watt's Garden Acres in the County of Anoka in the State of Minnesota,
do hereby state my[our] objections to any and all sketch plans of pro-
ject 89-13 as well as Options A, B, and C prepared by City of Andover
staff members and presesented to .the City of Andover's Planning and
Zoning Commission.
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November 28, 1989
To whom it may concern:
As legal owner[s] of the property[ies] described as lot[s] fF;;J.,(lllcl paLl P:'t7
Watt's Garden Acres in the County of Anoka in the State of Minnesota,
do hereby state my[our] objections to any and all sketch plans of pro-
ject 89-13 as well as Options A, B, and C prepared by City of Andover
staff members and presesented to the City of Andover's Planning and
Zoning Commission.
Sincerely,
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November 28, 1989
To whom it may concern:
As legal owners of the property described as lot #11 Watt's Gar-
den Acres in the County of Anoka in the State of Minnesota, do hereby
state our objections to any and all sketch plans of project 89-13,
as well as Options A, B, and C prepared by City of Andover staff members
and presesented to City of Andover's Planning and Zoning Commission.
We also let it be known that we do object to the plan prepared
by the city's staff regarding lot #11.
Sincerely,
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y Wegner
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