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HomeMy WebLinkAboutMay 10, 1988 ,,) ~/ ~J .........'......'."(7\ '1'\ {, 7:30 P.M. o u CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING - AGENDA MAY 10, 1988 1. Call to Order 2. Approval of Minutes 3. Old Colony Estates preliminary Plat Public Hearing, Continued 4. Ordinance 53 (Dog Ordinance) Amendment Discussion, Continued 5. Creekhaven Preliminary Plat Public Hearing 6. Special Use Permit #88-04 (Bergeron) Public Hearing' 7. Lot Split #88-04 (Orttel) 8. Variance #88-04 (Granstrom) 9. Slayton Sketch plan 10. Oleson Sketch Plan 11. Schedule Special Meeting 12. Adjournment o o ...'.;(j1 '1'\ CITY of ANDOVER ,-j PLANNING AND ZONING COMMISSION MAY 10, 1988 The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Marjorie Perry at 7:36 p.m., Tuesday, May 10, 1988, in the Council Chambers of Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners present included Chairman Marjorie Perry, Becky Pease, Don Jacobson, Bill Bernard, Bev Jovanovich, Wayne Vistad and d'Arcy Bosell. Also present were City Planner, Daryl Morey and Assistant City Engineer, Todd Haas. APPROVAL OF MINUTES As the minutes were just received this evening, Chairman Perry asked the other Commissioners that we not hear this agenda item tonight. All commissioners agreed not to approve the minutes at this meeting until they have all had a chance to properly review them. OLD COLONY ESTATES PRELIMINARY PLAT PUBLIC HEARING (CONT'D) Chairman Perry reopened the Public Hearing. Todd Haas explained that the Planning and Zoning Commission is requested to review and approve the Old Colony Estates preliminary plat and grading plan. The proposed plat is currently zoned R-l single-family rural and the developer is requesting that the property be rezoned to R-4 single family urban. The proposed preliminary plat consists of 140 single-family residential lots. Wayne Vistad asked if 143rd Lane would need a turn around. Todd Haas indicated that there is no need for a temporary cul-de- sac. Don Jacobson understood that we are only approving the first Phase. Normally, he thought the plans are stamped "First Phase". He would like the plan to show that it is Phase I. Also, Don asked if "Outlot A" should be shown in Phase I. Todd Haas responded that it could be shown on the preliminary plat by moving the darkened line to include outlot A. ) ( \ ,-) u Planning and Zoning Commission May 10, 1988 Page Two I Don Jacobson also had a concern whether this was the area that had some hazardous waste on it. Ai Hammel, developer of Gaughan Companies, responded that the Building Inspection Department did identify the area (waste from the old glue factory) and they took 12 samples and there were no contaminants found. They also did an extensive amount of testing in the site where the old plant was located. What they found is that the glue factory dealt with animal products rather than chemicals, and, therefore, was organic in origin and those products have dissipated. Ms. Bosell stated that the property outside of the plat should be identified as zone R-1. Mr. Haas indicated that this item could be corrected. Mr. Jacobson asked whatever happened to the question on the EAW. Chairman Perry said after the Planning Commission's last discussion, this item could be sent to the City Council with the recommendation that its approval be subject to receipt of a completed EAW. Ai Hammel, of the Gaughan Companies, stated he contacted Greg Downing and discussed the subdivision and what the Gaughan companies were doing and how it fit into the EQB regulations. Mr. Downing indicated that the EQB's rules are fairly vague as to the timing of environmental requirements for development sites like this. The Gaughan Companies would like to only develop the first Phase and are not sure when and if they want to develop Phase II. The EQB doesn't have a problem with that. Mr. Hammel indicated to Mr. Downing and the Planning Commission, it was his interest to have the first Phase approved; and before they would come back to the Planning Commission with any other development on the site, they would have the environment system completed and reviewed by the City Council and Planning Commission. MOTION was made by Commissioner Vistad, seconded by Commissioner Jacobson to close the public hearing. All voted yes. Motion carried. Commission members further discussed the preliminary plat plan. Ms. Bosell asked if the number of lots was 55 in Phase I. Mr. Hammell responded that there were 56 lots, including outlot A. J i \ U u Planning and Zoning Commission Hay 10, 1988 \ Page Three / HOT ION was made by Commissioner Jacobson, seconded by Commissioner Jovanovich that the Andover Planning and Zoning Commission recommends to the City Council approval of a preliminary plat called Old Colony Estates as part of the east 1/2 of the SW 1/4 of Section 26, Township 32, Range 24 (at CSAH #16 - Andover Boulevard and Xeon Street) for the following reasons. A public hearing was held and there was discussion from the public on various portions of the developments, and the Planning Commission recommends that the following changes be made in the plat: 1) That Outlot A be included In Phase I; 2) That the Holasek property located at Xeon and Andover Boulevard be indicated as R-1 zoning; 3) Subject to park fees or dedication as determined by the Park Commission; 4) And that an EAW be performed on this plat prior to the final plat; 5) Commission finds that the plat is in compliance with the ordinances with the City of Andover and recommends its approval; 6) Commission recognizes that the property is presently zoned R-1, and this is subject to the City Council's rezoning of this parcel to an R-4 designation; 7) All lots will front onto interior streets. Roll call vote: Jovanovich, Jacobson, carried. Commissioners Bosell, Bernard, Pease, Vistad and Perry voted yes. Hotion This item will go to the City Council on June 7th. ORDINANCE 53 (DOG ORDINANCE) AMENDMENT DISCUSSION. CONTINUED City Planner Horey asked if this item could be tabled until approximately 8:30 p.m. as one of the interested parties would not be able to be here until then. Chairman Perry tabled this item, with the concurrence of the other Commissioners. ) ( ) o Planning and Zoning Commission May 10, 1988 Page Four CREEKHAVEN PRELIMINARY PLAT PUBLIC HEARING Todd Haas stated that the preliminary plat consisted of 26 residential lots which are currently zoned R-4. Chairman Perry opened the Public Hearing. Ms. Bosell indicated that there should be a correction made on Lot 1, Block 2 which shows a 40-foot setback rather than a 35- foot setback. Mr. Jacobson had a couple of questions regarding the lots 3, 4 and 5 on the side of the creek (Block 3). He was wondering if the plan included fill behind lots 3, 4, and 5. The developer indicated there would be some fill. Mr. Jacobson was concerned about the slope and erosion possibilities. Developer, Herb Blommel of RB Investments, plans to do a minimum grading until actual construction. Don also said on Lot 2, Block 2 we should have driveway as far over to the west as possible because of the intersection. He also had a concern regarding Outlot A - he has no problems with it now but did not want to see it converted to commercial property. Ms. Bosell reiterated Mr. Jacobson's comments regarding lots 3, 4, and 5 on Block 3 and the fact that there should include shading on the drawings to indicate fill. Mr. Vistad stated he felt that as the Outlot A area further developed, it would be a prime spot for commercial property. Judy Thorson, 113 Northwoods Drive, questioned the location of the Outlot A area. Mr. Morey stated that the developer has indicated that the Outlot A property is seen as a commercial development use. Ms. Bosell suggested that the Planning Commission note in our discussion that Outlot A is included in the preliminary plat for the purpose of clearing the title thereto and that the use of the lot has not been considered as to residential or non- residential as it presently does not meet the ordinance requirements for non-residential use. / , / , ) Planning and Zoning Commission May 10, 1988 Page Five Mr. Donahue, 2733 Bunker Hill Lake, owner of the upholstery shop had a concern about the developer coming in and building a road and whether he would be assessed for the road. Todd Haas explained that if in the future, if Mr. Donahue decides to subdivide his property, he would be assessed; otherwise, the cost of the road would be the developer's responsibility. Todd Haas stated both lots 1 and 2 (Block 2) would have to show 40-feet setbacks from Crosstown Boulevard. Mr. Donahue asked what type of price range was the developer anticipating house values to be on this site. Mr. Vistad indicated that the Planning Commission could not answer that question. Ms. Bosell stated it would be okay to ask the developer directly. The developer indicated he anticipated a price range of $85,000 to $95,000 for the houses on that site. MOTION was made by Commissioner Vistad, seconded by Commissioner Jovanovich to close the public hearing. All voted yes. Motion carried. MOTION was made by Commissioner Bosell, seconded by Bev Jovanovich that the Andover Planning and Zoning Commission recommends to the City Council approval of the preliminary plat identified as Creekhaven on the property described as approximately part of the southwest quarter of the northeast quarter and southeast quarter of the northwest quarter of Section 33, Township 32, Range 24 (located on CR-18/Crosstown Boulevard at 18th Avenue) for the following reasons: The preliminary plat has been reviewed by the City Council in the sketch plan stage, the Andover Review Committee in the preliminary plat stage, and the Planning Commission in the preliminary plat stage, and finds that the plat is consistent with Ordinance 10 and with Ordinance 50, the Flood Plain Ordinance. It is further found that the plat meets or exceeds all the platting requirements as set out in Ordinance 10, with the following exceptions: (1) that the grading and filling shall be shown on lots 3, 4, 5 on Block 3 and (2) that lots 1 and 2 of Block 2 shall have a 40-foot setback from Crosstown Boulevard as Crosstown is an arterial street and further that (3) lot 2 of Block 2 shall front on 138th Avenue and the driveway shall be placed as far to the west as possible to remove it from the intersection 4) further that the future of Outlot A was discussed by the Planning Commission and it was the consensus of the Planning Commission that because the Outlot was included to clear title to that parcel, it was considered and allowed as an acceptable lot within the plat; however, it is not to be interpreted to imply that this lot would be used for anything other than residential as it does not meet the non- residential lot size criteria for any non-residential district in the City of Andover. , I '--) Planning and Zoning Commission May 10, 1988 Page Six A public hearing was held and there was input in regard to the use of Outlot A and also to the construction time and the house prices and these concerns were properly noted. Further, that Lot 1 of Block 2 shall be allowed to front on Crosstown Boulevard, which is a variance from Ordinance 10, (Section 9.02(c). The Park Dedication recommendation has not been received and this plat will be subject to that recommendation. Roll call: Commissioners Perry, Bernard, Bosell, Jacobson, Jovanovich, Pease, Vistad all voted yes. Motion carried unanimously. This item will go to City Council on June 7th. ORDINANCE 53 (DOG ORDINANCE) AMENDMENT DISCUSSION CONTINUED City Planner Morey presented the changes made during the May 3rd Special Planning Meeting to the existing Dog Ordinance. Chairman Perry addressed Section 24 - Wild or Vicious Dogs and suggested the wording "private" person be included in that sentence. Mr. Jacobson stated he would like to see more clarification as to the definition of Wild or Vicious Animals under Section 24 of Ordinance 53. He thought a separate ordinance would be more appropriate, rather than tacking this section on the end of the Dog Ordinance. Ms. Bosell stated that we should include Wild and Exotic in a separate ordinance, but felt that we should keep the "Vicious Animal" section in the Dog Ordinance - stating that the pitbull breed is a prime example that "by character, habit or disposition", it is a vicious animal and it also is a domesticated breed. Ms. Pease thought the City should address the situations where people currently have "wild" animals at their homes. Ms. Bosell stated there would have to be complaints before the City could follow up on those types of cases. Mr. Vistad agreed with Mr. Jacobson's idea to have a separate ordinance for the Wild and Vicious Animals. LeRoy Gramps, 3840 Grand Street, asked if the ordinance would be including "wild and" or "wild or" vicious animals. The commissioners stated it would be wild or vicious animals. He had a concern as he raises wild turkeys and mallards. ( \ J , \ V Planning and Zoning Commission May la, 1988 Page Seven Mr. Vistad also had a concern regarding Section 16 "threat of an attack". He doesn't feel that this sentence should even be included in the ordinance. Chairman Perry stated the Commission felt it was necessary to include this sentence to take steps before there was an attack. Lynn Mars, 16453 Argon Street, thought it might be difficult to prove a threat but she thought it was important to try to address potential danger situations. It would give the Council a little more leeway in acting in some dangerous situations. She also investigated an ordinance Coon Rapids has regarding insurance required, and the possibility of requiring proof of insurance on any dog that's been declared a biting dog. Mr. Jacobson did not agree with this idea. Mr. Vistad also felt that the City should not be placed in the position of demanding insurance of dog-owners especially in the area of civil matters. Also the cost factors involved could be a burden to the City. Sharon Segan, owner of Animal Control and Management Agency was hired by the City of Andover and she stated that she's here to enforce the laws the City makes. Her concern is how she is to enforce the laws and wondered if her agency could be given the authority to issue citations. She would like to work together with the City of Andover. A ticket would be written, with a fine imposed, after an initial warning. A ticket would be written only after an initial warning, and after she had worked with the owners in trying to resolve this problem. Ms. Bosell asked if the City recommends that Ms. Segan could issue citations, does it require a change in the contract. Ms. Segan indicated it would not. Ms. Segan said the contract she has with the City would allow her to write citations. Mr. Jacobson stated it was only a matter of asking the Council to do this, so the ordinance doesn't need to be changed. Mr. Jacobson made a correction for Section 1 of the ordinance under biting dog, line 4, take out the word of in the phrase "threat of" and change it to or to read (threat or attack) . \ , J , \ 'J Planning and Zoning Commission May 10, 1988 ; Page Eight MOTION was made by Commissioner Jacobson, seconded by Commissioner Vistad that a public discussion was held, and received a considerable amount of public input in the wording of the ordinance and the Commission finds that changes in the amendment will strengthen the existing ordinance, and will make it easier to enforce and to take control of the dogs/cats within the City, with the exception of the inclusion of Section 24 from the ordinance. Further discussion by Commissioner Jacobson followed regarding the exclusion of Section 24 in the ordinance. He didn't feel it was proper to tack it onto the end of the dog ordinance and that a separate ordinance would be more proper. Roll call: Commissioners Perry, Bernard, Bosell, Jacobson, Jovanovich, Pease and Vistad voted yes. Motion carried unanimously. The Planning Commission also recommends to the City Council that they consider advising the Animal Control and Management Agency and enable them to issue citations. This item will also be on the agenda of the June 7 City Council Meeting. Chairman Perry recessed the meeting at 9:05 p.m. and reconvened at 9:15 p.m. SPECIAL USE PERMIT #88-04 (BERGERON) PUBLIC HEARING Mr. Morey explained that the Bergerons, of 16422 Hanson Boulevard NW, are requesting a special use permit to operate a boarding and training kennel with an 80 dog capacity. Their property is zoned R-1. The Planning Department is concerned about the large capacity of the kennel and its use as a boarding and training facility. The request seems to exceed the intent of the special use and to be more of a commercial use. Therefore, the Planning Department recommends denial of this request at this scale. Mr. Jeff Bergeron, 16422 Hanson Boulevard, stated he has been a professional dog training for the last three years. He would be using the land for training and also to build a kennel, 40' x 24' with 26 interior runs. The reason for the 80-dog capacity is so he'd have room for a large amount of dogs on a short-term basis for holidays, etc. As a trainer, he can handle 20-30 dogs. The interior runs are 8 feet long, 3 feet wide. Exterior runs are 8 feet long and 3 feet wide also. \ ) I ~ J u Planning and Zoning Commission May 10, 1988 Page Nine Mr. Vistad asked Mr. Bergeron how he would handle the waste from the dogs. Mr. Bergeron stated there would be a septic system, under the terms of what the City requires. Mr. Vistad also had a concern regarding the noise level from such a kennel. Mr. Bergeron stated he was planning to have a fence to alleviate some of the noise. The closest neighbors are the Aaness' and are across the road 600 feet. Ms. Bosell stated that the Metropolitan Waste Commission would set requirements -- and Mr. Bergeron would have to comply with the Commission's criteria. Mr. Bergeron stated he was trying to acquire as much of the land surrounding his property as possible to keep noise level at a minimum. Chairman Perry opened the public hearing. Dorothy Aaness, 16425 Hanson Boulevard, stated that she was a landowner on the south side of Mr. Bergeron's property and that she was very concerned about the noise level of the kennel. Ms. Bosell stated the actual property would only be 3.86 acres. The additional property Mr. Bergeron is talking about is on a contract-for-deed purchase mode. There must be the consent of that fee owner to construct the kennel. Ms. Bosell feels that the intensity with which this application implies violates what our home occupation Ordinance 8 states. She also feels 80 dogs is way too many for the size of land he has. She's not against the request, but it would need to be scaled down considerably. Mr. Jacobson stated he felt that the land would be used for commercial use in a residential area and that Mr. Bergeron would need to rezone his property. MOTION was made by Commissioner Jacobson, seconded by Commissioner Vistad to close the public hearing. MOTION to close the public hearing was withdrawn by Commissioner Jacobson, with permission of the second. MOTION was made by Commissioner Jacobson, seconded by Commissioner Bernard table this agenda item until the next meeting on May 24th for the purpose of allowing applicant to look at his plans and and to contact the property owner who has the contract on the additional land he's looking for, and for the City staff to look at existing kennels in the area to see what their sizes are and report back. -) ~~ Planning and Zoning Commission May 10, 1988 ) Page Ten All voted yes. Motion carried unanimously. This item will be continued at the public hearing to be held on May 24th at the next Planning Commission. Also, Mr. Bergeron needs to discuss with the City Staff the location of the kennel building. LOT SPLIT #88-04 (ORTTEL) This item will be moved to the end of the agenda this evening, as agreed by the Commissioners. VARIANCE #88-04 (GRANSTROM) Mr. Morey stated that Leroy Granstrom is requesting a variance from Ordinance 52 (Scenic River). Because the existing structure vastly predates the adoption of Ordinance 52, and because the five requirements for granting a variance are met, and because the encroachment of the addition would be less than the encroachment of the existing dwelling, the Planning Department recommends approval of this request. Ms. Bosell questioned whether the variance would be needed because of the substandard use in Section 10.02.03. Mr. Jacobson and Chairman Perry felt that he would not need a variance from Ordinance 52. MOTION was made by Commissioner Jacobson, seconded by Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the City Council restitution of $50 fee for a variance request for Mr. Leroy Granstrom, 4860 Marystone Boulevard. The Commission finds that Mr. Granstrom's request for a variance on his parcel of property at the above address for a 15' x 15' addition falls under the Scenic Rivers Ordinance 10.02.03 Substandard Uses Subsection 1 which defines that the construction of the proposed addition to his home will not increase the substandard setback, and is therefore an allowed addition in the Scenic Rivers area on this property and the Commission finds that there is no variance needed for this request and therefore respectfully asks the Council for the application. All voted yes. Motion carried unanimously. This item will go to the City Council on June 7th. SLAYTON SKETCH PLAN Todd Haas stated that the Commission is requested to review the sketch plan for the Slayton property located at 17139 Verdin Street. The property is currently zoned R-1 single, family rural and 2.5 acre minimum lot size. \ ~ ) \ ~J Planning and Zoning Commission May 10, 1988 Page Eleven Chairman Perry questioned the size of the cul-de-sac in that it is very large. Todd Haas agreed to this. Todd Haas indicated that Plan B does not require a variance request. Plan B is recommended by the Andover Review City Council did not have a problem with Plan C. felt that 20 acres are difficult to develop. Committee. The The Council Mr. Vistad likes Plan C. Mr. variances would be required. He'd through that require no variances. as no variances would be required. Jacobson likes Plan B as no prefer to have more plats go Ms. Bosell supports Plan B - Todd Haas reiterated that the Planning Commission recommends Plan B and the City Council prefers Plan C. The Planning Commission felt that the Plan C requires 3 variances which aren't necessary. Mr. Slayton, the developer, stated that he felt it would cost him $45,000 to go with Plan B. It was suggested by the Planning Commission that Mr. Slayton get together with Todd Haas and work out a drawing to come up with some other configurations that would not require variances. OLESON SKETCH PLAN Todd Haas again explained this is a similar situation with 20 acre lot plan. The Planning Commission is requested to review the sketch plan for the Oleson property located at 17361 Tulip Street (County Road 58). Mr. Vistad looked at the cost factor and thought Plan A has a better flow, and no variances are needed. He thought Plan B would be a plowing nightmare, which would include a few variances. Plan C was the plan the Council directed Todd Haas to draw up. Mr. Oleson stated that the Council wanted to save all the trees. They recommended a change to get lots east and good traffic flow off of County 58. Chairman Perry indicated that the Planning Commission has an obligation to point out to the City Council where there have been problems with what has been discussed. Mr. Jacobson stated that if the City Council reviewed sketch plans and okayed them, then there's no reason to have a Planning Commission. \ \ ) o Planning and Zoning Commission May 10, 1988 Page Twelve Chairman Perry asked Mr. Oleson to continue working with Todd to come up some additional configurations that would not require variances. Ms. Bosell also indicated that there's something wrong with the order of these sketch plans going to the City Council first and then to the Planning Commission as this is the third plat to be handled this way. It only creates confusion between the City Council and the Planning Commission. LOT SPLIT #88-04 (ORTTEL) Mr. Morey explained that Ken Orttel is requesting to split his property located south of Bunker Lake Boulevard and west of Coon Creek. The Planning Department recommends approval of this lot split request. The lot is also subject to $200 park dedication fee. Ken Orttel, 2828 134th Avenue NW, stated that his reason for splitting the lot is to obtain a mortgage for his own home, as the lot line on the eastern part of the lot is considered ambiguous by the mortgage companies because it is a waterway. Mr. Vistad asked how much of the lot is considered flooded and how much is actually buildable. Mr. Orttel said the newly- created lot is not buildable. Wayne Davis, 13607 Crooked Lake Boulevard has a concern that this doesn't stay as park property, and that it would stay in Mr. Orttel's ownership. \ , MOTION was made by Commissioner Jacobson, seconded by Commissioner Pease that the Andover Planning and Zoning Commission recommend to the City Council approval of this lot split request for Mr. Ken Orttel at all that part of Lot 1, Auditors Subdidvision Number 137, Anoka County, 27xx Bunker Lake Boulevard under Ordinance 40. The Commission has reviewed the application and find that each of the lots would meet the criteria set forth in Ordinance 40 in the zoning district within which it lies and this would be subject to the applicant supplying to the City new legals when they're filed with the County, and the appropriate payment of park fees and the giving to the County an additional 27 feet of easement along Bunker Lake Boulevard for road purposes. The Commission understands that the smaller of the two parcels (easterly parcel) cannot access directly onto Bunker Lake Boulevard under its present configuration and should the owner request a building permit for that parcel in the future, a service road would have to be constructed pursuant to Ordinance 10 9.03 (h). ~ u Planning and Zoning Commission May 10, 1988 Page Thirteen Roll call: Commissioners Pease, Vistad voted yes. this vote on motion as he carried. Perry, Bosell, Jacobson, Jovanovich, Commissioner Bernard was absent for left the meeting at 10:30. Motion OTHER BUSINESS Daryl Morey had some updated information regarding the antenna from the Metropolitan Council. Daryl stated this was sent on to Council. They stated the antenna could move the antenna back 350 - 400 feet without any problems. Daryl thought it would be a good idea to talk with the County to make sure they had no problems also. The Commission suggested that Daryl get the response in writing. Ms. Bosell asked that Chairman Perry bring to the attention of the City Council the problems encountered with the sketch plans and promises made. Chairman Perry agreed that this situation is not a good one because the residents feel that they've been given misinformation. Chairman Perry will carry this concern on to the City Council. Mr. Jacobson wondered if the two sketch plans were drawn by staff. It seems that it should be up to the developer to prepare the sketches. He doesn't feel it's Todd's job to prepare sketch plans and it's inappropriate use of staff time. Chairman Perry will talk to Mayor Windschitl regarding this matter. SCHEDULE SPECIAL MEETING A special meeting is scheduled for Thursday, May 12 at 7:30 p.m. to discuss ATV's, the mining permits, and Ordinance 8. ADJOURNMENT There being no further discussion, Chairman Perry declared the meeting adjourned at 11:15 p.m. Respectfully submitted, (Plan.1)