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HomeMy WebLinkAboutJune 14, 1988 o o ..'...'.;~" . u- (~' "~ 7:30 P.M. Q o CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING - AGENDA JUNE 14, 1988 1. Call to Order 2. Approval of Minutes 3. Gammon Brothers Mining Permit Public Hearing, Continued 4. Special Use Permit #88-04 (Bergeron) Public Hearing, Continued 5. Rezoning #88-02 (Menkveld) Public Hearing, Continued 6. Indian Meadows 3rd Addition preliminary plat Public Hearing 7. Timber Trails preliminary Plat Public Hearing 8. All Terrain Vehicle/Snowmobile Ordinance Public Hearing 9. Ordinance 8 (Zoning Ordinance) and Ordinance 10 (Subdivision and Platting Ordinance) Amendments Public Hearing 10. Saarenpaa Sketch Plan 11. Heliker Sketch Plan 12. Adjournment '- (\ v \ ) u () .~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER, MINNESOTA 55304. (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING MINUTES JUNE 14, 1988 The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Marjorie Perry at 7:30 p.m., Tuesday, June 14, 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, d'Arcy Bosell, Wayne Vistad. Also present were City Planner Daryl Morey, Assistant City Engineer, Todd Haas, and others. APPROVAL OF MINUTES MOTION was made by Commissioner Vistad, seconded by Commissioner Pease to table this agenda item until the end of the meeting. All voted yes. Motion carried. GAMMON BROTHERS MINING PERMIT PUBLIC HEARING. CONTINUED Todd Haas stated that the Planning and Zoning Commission is requested to review and approve the Special Use Permit to mine dirt. Commissioner Bosell stated that the application requires that the existing water table elevations be provided. The drawing that was provided is tied to nothing -- the application requires that existing street names be provided as it relates to this piece of property. Ms. Bosell recommended that the drawing be corrected to tie the property to section lines or streets. Also, the amount of fill material to be removed was not indicated on the application. Mike Gammon, of Gammon Brothers, stated that the amount of fill to be removed is 100,000 cubic yards. In regard to the water elevation question, Mr. Gammon said he doesn't have any boorings on the site. Todd Haas stated he that information. ~) Commissioner Vistad asked what the time period was for removing the 100,000 cubic yards. Mr. Gammon stated he didn't have a definite schedule. However, his firm is now in the process of bidding a couple of projects where the fill would be used. Mr. Gammon requested a two-year period to remove the material. Todd Haas said the City grants a one-year permit. An extension would have to be granted after that time. \ I . , ~~ \ ~ Planning and Zoning Commission June 14, 1988 Meeting Minutes Page Two MOTION was made by Commissioner Jacobson, seconded by Commissioner Bosell, that the Andover Planning and Zoning Commission recommends to the City Council approval of the mining permit of the Gammon Brothers at the location of 125 Bunker Lake Boulevard (PIN 36-32-24-13-0001 and PIN #36-32-24-12-0001) for the removal or excavation of rock, sand, dirt, clay and other like materials. The Commission finds that the use is not contrary to the particular parcel or the character of the area surrounding it, but should be subject to the following conditions: The permit is for one year only. The applicant shall maintain a finished grade of no less than 6-1/2 feet above the permanent or seasonal high water table, whichever is higher. Safety precautions are to be taken at the end of each working day to prevent injury to children or others by the use of fencing or 4:1 sloping to surround the excavation area. The applicant shall be required to restore the mined area using a city-approved topsoil and seed at the end of the mining period. The applicant shall hold the City of Andover harmless and shall provide a security bond to the City harmless for road damage and for restoration of the site in an amount to be determined by legal counsel. When in operation, signs are to be placed on both sides of any county road or City street acting as a haul road. Watering shall take place to control dust whenever it is required. Hauling of materials shall be limited to Monday through Friday, 7:00 a.m. to 7:00 p.m. and Saturdays, 7:00 a.m. to 12:00 noon. j \ I , J u Planning and Zoning June 14, 1988 Page Three Commission Meeting Minutes / The total amount of materials to be excavated shall not exceed 100,000 cubic yards. Attached to the permit shall be the large- scale map showing at least one section corner and a county road and the PIN numbers of the property. The applicant is required to show on the large scale map the water table. Roll call: Commissioner Pease, Commissioner Vistad, Commissioner Bernard, Commissioner Jacobson, Commissioner Bosell and Commissioner Perry all voted yes. Motion carried unanimously. This item will be heard by the City Council on June 21st. SPECIAL USE PERMIT #88-04 (BERGERON) PUBLIC HEARING. CONTINUED City Planner Morey stated that this item was tabled on May 24 at the request of the petitioner so that he could modify his proposal, which he has done. The new proposal includes a new location for the dog kennel and the kennel is now proposed to have a capacity of 26 dogs. Ms. Bosell could not locate any information about the dog limit for existing dog kennels in the City of Andover. Ms. Bosell stated that Mr. Bergeron's dog kennel is an allowed use in the Home Occupation section of Ordinance 8 but that the Commission has to determine whether Mr. Bergeron's request is reasonable given the size of his property. Mr. Vistad still felt the noise factor, the increased traffic and the depreciation of the property values would still be major problem for the surrounding neighbors. MOTION was made by Commissioner Bosell, seconded by Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the City Council approval of the request for a Special Use Permit for the operation of a kennel for the property located at 16422 NW Hanson Boulevard. The Planning Commission, in its consideration of the request, conducted a public hearing and there was some concern expressed on behalf of the residents as it pertained to noise and traffic. Ordinance 8, Section 7.01 district provision provides that a kennel is allowed by a special use permit in an R-1 district and thus the request comes to the City. The Ordinance is silent as it pertains to the \ I ~/ \ ~ \ Planning and Zoning Commission June 14, 1988 Meeting Minutes Page Four number of animals allowed to be housed in this dog kennel request and the Planning Commission has considered very carefully the number. It is the intent of the Planning Commission that to allow this 26-dog capacity kennel would be the maximum size allowed. The Planning Commission also considered Section 4.30 in Ordinance 8 dealing with home occupations and the intent of that section is to keep the use low in visibility and protect the integrity of the residential district. Pursuant to that Section, the need for only three additional parking spaces is allowed, and also the signage is as allowed in a single-family residential district. Said sign being no larger than 1-1/2 square feet. The Planning Commission recommends that the applicant take great care in protecting the scenic view of the surrounding property and includes, at his request, that the kennel will be air conditioned at night to eliminate the barking dog complaint. The issue in regard to traffic is a concern if it is in fact the intent of the applicant to conduct field trials at this site. The Planning Commission feels that is not the intent of a home occupation nor is it the intent with the district within which the request is made and this occurrence should be very limited, if at all. Roll Call: Commissioner Vistad - no, Commissioner Jacobson - no, Commissioner Bernard - yes, Commissioner Pease - yes, Commissioner Bosell - yes, Commissioner Perry - no. The motion will go to the City Council on a 3-3 vote. Ms. Perry voted no because it exceeds the home occupation standards set in the ordinance and does not feel it is like the others included in the special use permit. Mr. Vistad also voted no because of the parking situation which would not be enforceable and feels the City would receive a lot of complaints if this permit was approved. This item will go to the City Council on June 21. REZONING #88-02 (MENKVELD) PUBLIC HEARING. CONTINUED Chairman Perry stated that the Petitioner, Art Raudio, sent a letter to the Planning Commission requesting that this agenda item be tabled indefinitely while they are negotiating with the Department of Natural Resources. MOTION was made by Commissioner Bosell, seconded by Vistad, to table this item indefinitely pursuant to the letter of Art Raudio dated June 10, 1988, the request to rezone the property identified as Outlot B of Red Oaks 5th Addition and that at such \ I , I , J Planning and Zoning Commission June 14, 1988 Meeting Minutes Page Five time as the applicant is ready to bring the request back to the Planning Commission, he will do so in writing. All commissioners voted yes. Motion passed unanimously. INDIAN MEADOWS 3RD ADDITION PRELIMINARY PLAT PUBLIC HEARING Todd Haas reviewed the items relating to the Preliminary Plat checklist for Indian Meadows 3rd Addition. The City is requiring a drainage easement to be shown on the plat to follow the 100 year flood elevation. Ms. Bosell stated that a replat needs to be submitted showing the existing plat in solid lines and the new plat on dotted lines. Another drawing should be submitted showing Andover West as it originally was approved and a dotted line to show the proposed change to meet the ordinance requirement. The 100-year flood elevation issue in regard to the pond on Lot 3, Block 1 needs to be dedicated, and there needs to be an easement identified on plat as a drainage easement. Lot 1, Block 1 can't front on 7th Avenue because that's a County road. Mr. Vistad had a concern in replatting -- when the cul-de- sac was created, a variance would be needed. To grant a variance would only be for economical reasons. Mr. Vistad feels the length of the cul-de-sac should be extended further to the north. MOTION was made by Commissioner Bosell, seconded by Jacobson, that the Andover Planning and Zoning Commission recommends to the City Council approval of the preliminary plat, grading and drainage plan known as Indian Mills 3rd Addition for the following reasons: The Planning Commission has held a public hearing in regard to the preliminary plat, and there have been no issues raised by the residents of the surrounding property. The plat has been reviewed by the engineer for the City of Andover, as well as the Andover Review Committee and meets with their approval with a couple of exceptions. The Engineering Department recommends that a variance be granted pursuant to Ordinance 10, Section 9.03 Subsection 3, as it pertains to the grade of the road. The proposed preliminary plat has the grade at .8% and the Ordinance requires 1% for rural development. It is the recommendation of the Engineering Department that at the .8% grade on the integrity of the street section can be protected and the streets will meet the standards set out by the City Ordinances. The Park Commission has preliminary made a recommendation as it pertains to this plat under the guides of Andover West; however, the Park \. J I 'J / Planning and Zoning Commission June 14, 1988 Meeting Minutes Page Six Board will reconsider this plat at its meeting on June 16, 1988 and that recommendation will be forthcoming to the Council. The developer is responsible to obtain all permits from the Lower Rum River Management Watershed Board, from the Department of Natural Resources, and the Corps of Engineers or any other governmental agency as is necessary. The preliminary plat has one variance request that is recommended to be approved and that would be Lots 4 and 5, Block 1 do not meet the 300 foot lot frontage at the 35- foot set-back line. However, pursuant to Section 17, Ordinance 10, the other physical condition that would impact these lots would be the location of the UPA transmission line and the placement of the cul-de-sac and the placement of the house pads is directed related to this transmission line location. There are three contingencies on the plat: 1) That an easement be described and identified on the plat setting out the 100-year flood elevation and the pond located on Lot 3, Block 1. 2) The legend be corrected to include at item 11, management of the drainage is regulated by the Lower Rum River Watershed. 3) The addition of item 15, which would state street lighting pursuant to Ordinance 86. The developer is also requested to submit as a condition of Section 8.02 of Ordinance 10 the preliminary plat of Andover West showing that it was approved and the overlay of the new plat of Indian Meadows 3rd Addition on that drawing simply to show the changes made from the original plat. An amendment to the motion was recommended by Mr. Jacobson to be added as conditions of the plat: 4) Lot 1, Block 1 must front on an interior street. 5) That no dirt will either be removed or brought into the site. Roll call: All commissioners voted yes (with two people voting yes reluctantly - Commissioners Jacobson and Vistad). Motion passed. Chairman Perry recessed the meeting at 9:10 p.m. The meeting reconvened at 9:20 p.m. , , \ I ~~ o / Planning and Zoning Commission June 14, 1988 Meeting Minutes Page Seven TIMBER TRAILS PRELIMINARY PLAT PUBLIC HEARING Todd Haas reviewed the Timber Trails Preliminary Plat. The Andover Review Committee was concerned that the property was zoned R-2 and suggested it be rezoned to R-1, single-family rural - 2 1/2 acre minimum. Mr. Jacobson stated that one lot would present some real problems, Block 3, Lot 5 -- because of power easement, utility and drainage easement. James Green, 174th Avenue NW, spoke regarding Block 6, Lots 1 and 2 and had a concern about the drainage pond between the lots. Todd commented that the developer was not changing the topography of the land and that all the water is flowing where the water naturally should be. Kathy Schaefer, 174th Avenue NW, asked of the location of the drainage pond Mr. Green had spoken about. Ms. Schaefer was wondering if the piece of land between her property and another was park property. Todd Haas confirmed that it was park land. Connie McCormick, 17806 Aztec, wondered if 178th Lane would made a road. Mr. Haas stated the developer would be required by ordinance to build a blacktopped road. MOTION made by Commissioner Jacobson, seconded by Commissioner Vistad, that the Andover Planning and Zoning Commission recommends to the City Council approval the Timber Trails preliminary plat, with the legal description as Section 5, Township 32, Range 24 and S.W. quarter of Section 5, Township 32, Range 24. The Andover Planning and Zoning Commission has held a public hearing on this plat and there has been input from the public basically concerning the drainage pond in the southwest corner of the plat and some discussions on the surface and the road at 178th Lane. The Commission recommends approval of this plat with the following variances granted: Variances for lot width: Block 1 , Lot 3 Block 2 , Lot 1 , Lot 4 (with Lot 4 to front at 178th Lane) Block 4 , Lots 1 , 2 , 3 , 4, 5 , 6 , 7 , 8 Block 3 , Lots 6 (front footage) Block 3 , Lot 7 (front footage) Block 3 , Lot 13 (front footage) I , I J \J I Planning and Zoning Commission June 14, 1988 Meeting Minutes Page Eight Lot 3, Block 5 for front footage on 174th Avenue rather than Tulip Street. Subject to park dedication fees and park dedication as determined by the Park Board. These lots are platted at 2-1/2 acre minimum lot Slze pursuant to Ordinance 10C, Section 9.06 a(3). Roll call: Commissioners Pease, Bosell, Jacobson, Vistad, Perry, Bernard all voted yes. Motion carried unanimously. This item will go to the City Council on June 21st. ALL-TERRAIN VEHICLE/SNOWMOBILE ORDINANCE PUBLIC HEARING Daryl Morey reviewed the proposed ordinance submitted to all the commissioners regulating the operation ~f all-terrain vehicles and snowmobiles in the City of Andover. The proposed ordinance will make it unlawful to operate an all-terrain vehicle or snowmobile on private property without permission from the property owner, occupant, or lessee. The ordinance will also make it unlawful to operate an ATV on public property or within road right-of-ways. The proposed ordinance would more greatly restrict all-terrain vehicle operation than current State Statutes. This is due to the large number of problems and complaints associated with all-terrain vehicle versus snowmobile operation in the city. Commissioner Pease had a question about Round Lake. Daryl stated that the State Statues indicate that cities may choose to further restrict the operation of these vehicles on public land or waters. Commissioner Vistad stated he felt we should leave this language out of the City of Andover's ordinance as the lakes would be a safer place to ride snowmobiles than the street. A letter was presented with a concern about excessive speed from a snowmobile on Round Lake. Ms. Bosell suggested that a definition of "public land" be included in the ordinance. Also a definition of "right-of-way" may need to be included. Floyd Gillen, 4201 Bridgewood Terrace, Vadnais Heights, represents the All-Terrain Vehicle Assn. of Minnesota. This is an association of ATV users, numbering 2,500 members. They have gone to the State Legislature asking them to pass laws regulating ATV's. ~ ) \J / Planning and Zoning Commission June 14, 1988 Meeting Minutes Page Nine Mr. Gillen's Association would like to see an equality of regulations for both ATV's and snowmobiles. Jerry Barber, 760 Johnson Street, Anoka, spoke as a member of the All-Terrain Vehicle Association also. He feels laws should be made and his group will abide by the regulations. He felt education of children was an important safety factor. Jan Gillen, also spoke on behalf of the All-Terrain Vehicle Association. She also spoke on the importance of safety with ATV's and the need for education and training. Commissioner Jacobson suggested some changes to the ordinance: Page 2, Section 3 (A) (3) -- put a period at end of phrase, "the driver yields the right-of-way to all oncoming traffic." Also to change the word impractical on page 2, (E) to impossible. Also he suggested to include the definition of "public land" and "right of way". Also on page 1, Section 3 (A) - taking out the wording public roadway and insert city roadway. Commissioner Vistad would like to see Section 1, paragraphs A and B kept in the ordinance (for ATV's and snowmobiles, separately). MOTION was made by Commissioner Jacobson, seconded by Pease to continue the public hearing regarding the ATV/Snowmobile Ordinance at the next Planning Commission meeting. All commissioners voted yes. Motion carried unanimously. ORDINANCE 8 (ZONING ORDINANCE) AND ORDINANCE 10 (SUBDIVISION AND PLATTING ORDINANCE) AMENDMENTS PUBLIC HEARING By the request of the City Planner, this item is tabled to the next regularly scheduled Planning Commission meeting. Daryl Horey wanted to have an opportunity to properly prepare for this item. SAARENPAA SKETCH PLAN Todd Haas explained that the developer/owner of the property is considering to split 2 - 1/2 acres off from the 20 acres at this time. If Lot 3 of Block 1 or Lot 3 of Block 2 are being considered to be developed, the extension and construction of 153rd Lane NW from Nightingale Estates 3rd Addition would be necessary. , , , / \ I ~/ u , , , Planning and Zoning Commission June 14, 1988 Meeting Minutes Page Ten Jerry Saarenpaa stated he wanted to split off one five acre section for himself and split off one 2-1/2 acre section. Mr. Jacobson asked why Mr. Saarenpaa didn't plat the property like that. Mr. Saarenpaa said the reason he didn't plat the property in that manner is because he would be required to build a road. Ms. Bosell stated the Saarenpaa's could leave lots 2 and 3 together to make five acres and convey it by leaps and bounds, as long as it's 300 feet in width and a 5-acre parcel. Then, all that is required to get a building permit is to touch a public right of way (the cul-de-sac on 153rd) and lot 1 could front on County Road 109. Ms. Bosell said they could plat so that one lot on the east can front off of 153rd and the lot on the west can front off the County Road and as long as the lots are smaller than 10 acres in size, If the acres are over ten acres, then there's the problem with the mortgage company. The Saarenpaa's are proposing to combine lots 1 and 2 (Block 1) and lots 1 and 2 (Block 2) to keep for themselves and which would front on County Road 109 and combine lots 3 and 3 (Block 1 and 2) (to sell those lots) which would front on 153rd. This would allow the Saarenpaa's to get the acreage they wanted and also can sell off the excess lot. Mr. Jacobson stated that if the Saarenpaa's presented a plat to do this, he would recommend putting 153rd all the way through to Nightingale as it would be good planning for the City of Andover. HEILKER SKETCH PLAN The Planning and Zoning Commission is requested to review the proposed sketch plan and suggest ideas to eliminate the lots fronting onto county roads. Todd Haas has submitted to the County the drawing in regard the excesses off of County 58. Ms. Bosell prefers the drawing showing Lot 1, Lot 2 and Block 3 showing the whole piece property and suggested just phasing in and developing only a part of it as phase I and then they could develop a phase II. Mr. Jacobson quoted Ordinance 10, Section 9.02(c), which states "no preliminary plat shall be approved wherein the lots front on a right-of-way of state, city or county arterial or collector roads." \ ) , I '- ) , 'J Planning and Zoning June 14, 1988 Page Eleven Commission Ms. Bosell stated that the rest of the Ordinance continues and states "such lots may front on service roads." Mr. Vistad does not feel it appropriate to put in a service road for a 2-1/2 acre parcel. This may create a double road that the City will have to maintain. MOTION was made by Mr. Vistad, seconded by Bosell to continue this agenda item until the next meeting until the City receives a reply from the Anoka County and then the Planning Commission could then take further action based on the County's decision. All commissioners voted yes. Motion carried unanimously. APPROVAL OF MINUTES May 3, 1988 Minutes (Regular Meeting) - Commissioner Jacobson had one change on page 3 -- fel should be changed to read felt. Also on page 4, half-way down the page, Mr. Jacobson doesn't remember stating that "we require a developer to complete a plat within a certain period of time." Ms. Bosell suggested we should leave the statement in the regular minutes of May 3, 1988. May 12, 1988 Minutes (Special Meeting) - Commissioner Jacobson stated that on page 1, two-thirds of the way down on this page there's a 3-line paragraph that isn't clear. It was stated by Ms. Bosell that these minutes do not have to be approved because these minutes are actually notes for the Special Heeting. Hay 24, 1988 Hinutes (Regular Meeting) - Commissioner Bosell had a correction on page 7, Menkveld Hearing, paragraph 2 and stated the word secondly should be stricken from the minutes as it is redundant. MOTION the minutes voted yes. was made by Ms. Bosell, seconded by Perry, to approve of May 3, 12 and 24 as corrected. All commissioners Motion carried. OTHER BUSINESS Commissioner Bosell had a message from Mr. Veman regarding the Planning Commission to start thinking about in looking to the future development of the City as it pertains to the sewered areas. There is a need for Senior Citizen Housing, which will be attracted to areas that are served by sanitary sewer and water. / , J ,-) Planning and Zoning Commission June 14, 1988 Meeting Minutes Page Twelve Mr. Veman is especially interested in HUD financing and FMHA. Chairman Perry stated that this was excellent that we had heard that the Council was not in favor of any multiple zoning within the City. ADJOURNMENT There being no further discussion, Chairman Perry declared the meeting adjourned at 11:45 p.m. Respectfully, (Plan.5) /