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HomeMy WebLinkAboutJune 28, 1988 o o o'CA CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING - AGENDA JUNE 28, 1988 7:30 P.M. 1. Call to Order 2. Approval of Minutes 3. Heliker Sketch Plan, Continued 4. Bent Creek Estates preliminary Plat Public Hearing 5. All Terrain vehicle/Snowmobile Ordinance Public Hearing, Continued 6. Ordinance 8 (Zoning Ordinance) and Ordinance 10 (Subdivi'sion and Platting Ordinance) Amendments Public Hearing, Continued 7. Schedule Special Meeting 8. Adjournment o o o - ') \..J .CJ.\ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION JUNE 28, 1988 The regularly scheduled Andover Planning and Zoning Commission Meeting was called to order by Acting Chairman Don Jacobson at 7:35 p.m., Tuesday, June 28, 1988, in the Council Chambers of Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Hinnesota. Commissioners present included Don Jacobson, D'Arcy Bosell, and Wayne Vistad. Also present were City Planner Daryl Morey and Assistant City Engineer, Todd Haas. APPROVAL OF MINUTES Hotion was made by Commissioner Vistad, seconded by Commissioner Bosell to approve the meeting minutes of June 14, 1988. All voted yes. Motion carried. HELIKER SKETCH PLAN, CONTINUED Acting Chairman Jacobson declared that this item be tabled until later in the evening, as the Helikers were expected to be in attendance. BENT CREEK ESTATES PRELIHINARY PLAT PUBLIC HEARING Todd ~aas stated that the Planning Commission is requested to approve the preliminary plat, grading, drainage, and erosion control plan. The plat is zoned R-4 zoning and consists of 12 ucres. The City has received soil reports. Ms, Bosell stated that because this property abuts Coon Creek, it would be subject to shoreline management in Ordinance 8 and the setback line from the Creek should be 75 feet from the ordinary high water and that dimension should be shown on the plat. Ms. Bosell also had a concern regarding the buildability of lot 5 because of the 100-year drainage easement. Todd Haas had previously talked with the building official who had no problem with building on the lot. It was stated that the Right-of-Way for the Bunker Lake Boulevard dedication should be 60 feet, not 50 feet. , '\ V Todd Haas also mentioned that Lot 10 and 11 may need variances-- Lot 10 because of lot depth, Lot 11 because the structure would encroach within the setback. Also, it would be required that lot 10 would front on an interior street. / ~_/ Planning and Zoning Commission June 28, 1988 Meeting Minutes Page Two Mr. Vistad had a question if there were any problems with sanitary sewer being provided. Todd Haas noted that there shouldn't be any problems with this. Don Jacobson opened the public hearing. Tom McCabe, 2732 Bunker Lake Boulevard, asked further about the right-of-way situation near his house. Mr. Jacobson explained the County is requesting 10 feet more of right of way because Bunker Lake Boulevard will be eventually be expanded to a wider width. Craig Erickson, 13666 Hidden Creek Drive, was concerned if the applicant had received a permit from the Corp of Engineers. He also stated that his builder told him there would be no building done on that property. Ms. Bosell reiterated that this was incorrect information he had received, but that the builder would still need the appropriate permits to change the flood-plain district and the Department of Natural Resources would need to also certify the changes to the floodplain. Ms. Bosell also stated that it was a lengthy process to insure that the developer is not allowed to create lots that could be flooded or that could cause property damage or injury to other lots. Jim Hebe, 13682 Hidden Creek Drive, also stated his concern about building being done on this property -- as his builder also had indicated that there would be no building done on this property. Don Jacobson closed the public hearing. Mr. Vistad was concerned with the feasibility of the tremendous amount of fill. As long as proper terracing is done, he doesn't have any problems with it. Mr. Jacobson had a couple concerns regarding lots 2 and 3 and the height of the extensive fill to the neighboring properties. Mr. Steven Campbell, developer, explained that they would be filling directly up to the east line and there would be a gradual ditch running back down lot 3. The contours on the ditch would be a 4:1 slope to the east and a slope of 6:1 or 10:1 on the other side. The ditch is planned to be a width of 10-15 feet on one side and up to 25 feet on the other. The developer stated the ditch would be slightly higher than the abutting properties. '- / \ o Planning and Zoning Commission June 28, 1988 Meeting Minutes Page Three Mr. Jacobson was concerned about the siltation fence as proposed on the fill grading plan and asked if the developer felt erosion would be a problem. The developer agreed he was concerned about the erosion. Motion was made by Commissioner Bosell, seconded by Commissioner Vistad that the Andover Planning and Zoning Commission recommends to the City Council approval of the Preliminary Plat of Bent Creek Estates on the property described as Lot 1 of Auditor's sub. No. 137 of the south half of Section 33, Township 32, Range 24 for the following reasons: The preliminary plat has been reviewed by the Planning Commission, the Engineering Department and the Andover Review Committee for the City of Andover and though concerns have been expressed in regard to particular issues. Those issues, by in large, have been resolved. The Planning Commission has raised concern as it relates to Lot 11 of Block 1 with the 60 foot right of way for Bunker Lake Boulevard but notes that is an existing structure and further Lot 11 of Block 1 will require a variance from Ordinance 8 as it pertains to plats fronting on county roads (Section 9.02); however, there is no other way to service this piece of property as the requirement of a 40-foot service road would render this parcel unusable. It should be noted that Lot 10 of Block 1 and Lot 1 of Block 1 shall front on the interior street of Bittersweet only. The developer is required to change the right-of-way dimension of Bunker Lake Boulevard from 50 feet to 60 feet as set out in the letter from Anoka County dated Dec. 16, 1981 and reaffirmed with other plats that have been reviewed by the County as it pertains to right-of-way. The approval of the plat is contingent upon the developer identifying the 75-foot setback line from the ordinary high water mark of Coon Creek as set out in Section 4.23, subsection (a) as it pertains to shoreline lots. A public hearing was held and there was input from area residents; however, that input had more to do with the fact that they were told this property would not be developed as opposed to strict opposition to the development of this property as residential building sites. This preliminary plat would also be contingent upon the developer obtaining from the City of Andover a conditional use permit as it pertains to filling in the general floodplain as set out in Ordinance 50 and further that any permits that are required from the either the Coon Creek Watershed and/or the Corps of Engineers be received and favorable approval by those governmental units be granted. , / \_~ Planing and Zoning Commission June 28, 1988 Meeting Minutes Page Four This plat is subject to park dedication fees as is determined by the Park Board as we do not have a recommendation. The 100-year flood elevation of 864 should be stated on the plat. Also approval of this plat is subject to a drainage easement shown along the easterly lot lines of Lots 2 and 3 if the drainage easement is greater than the normal 10 feet in width. All voted yes. Motion carried. This item will go to City Council on either July 5 or 19. HELIKER SKETCH PLAN Anoka County received a letter regarding highway access. The County stated in the June 14, 1988 letter that access for lot 1 is acceptable as shown at the north end of the lot. Access for Lots 2 and 3 are acceptable as shown on the common lot line. The County recommends access for lot 4 to be moved to the north end of the lot and the access for lot 5 be located along the west side of that lot onto 165th Avenue. Wayne Vistad agreed with the recommendation from the County of Anoka. Ms. Bosell agrees that the Lot 5 should front on 165th and the driveway for that lot should be as far to the west as possible. The County also stated that the right of way is acceptable as shown being 60 feet from the center line of the county highways. Ms. Bosell prefers the II-lot drawing as the one that should be filed because it shows the road and could show Phase I and Phase II. The driveway locations would have to be changed because of the County recommendations. Also lots 8, 7, 6, and 2 fall under the 2-1/2 acre dimensions. The Planning Commission agreed and recommended to Mr. Heliker to use the II-lot drawing and to make the corrections as noted showing Phase I and Phase II, and the making the change in driveway locations as indicated by the County. ALL-TERRAIN VEHICLE/SNOWMOBILE ORDINANCE PUBLIC HEARING. CONTINUED Daryl Morey reviewed the changes proposed to the All-Terrain Vehicle/Snowmobile Ordinance at the June 14, 1988 meeting. , / ~J Planning and Zoning Commission June 28, 1988 Meeting Minutes Page Five The revised proposed ordinance would make it unlawful to operate an all-terrain vehicle or snowmobile on private property, and it would be unlawful to operate an ATV on public property within the City of Andover or within the right of way of any City street. Snowmobiles would be allowed on public property and within City street right-of-ways. City Planner Morey also stated that Deputy Roessler indicated there is a real problem with all-terrain vehicles being ridden in public right-of-ways but he would have no problem enforcing an ordinance which prohibited all-terrain vehicles from all right- of-ways within the City. Bob Renklow, 16001 Fox Street NW, stated he has a problem with the noise from snowmobilers and the late hours in which they are run. Mr. Renklow also felt that ATV's should be banned completely. Ms. Bosell made the statement that even if the City did ban ATV's, there would not enough police support to enforce such an ordinance. Craig Litherd, 648 NW 157th Avenue, agrees that noise is a problem with snowmobiles. He felt speed restrictions might be a good idea, along with a curfew. Motion was made by Commissioner Jacobson, seconded by Commissioner Vistad to close the public hearing. All voted yes. Motion carried. Commissioner Bosell thought the wording should be added to Section 1 under Definitions (ATV's - "but not more than six low- pressure tires"). Also under Section 3 (A), she thought the wording was confusing, and Section 3 (B) should be three separate paragraphs. Commissioner Bosell had mixed feelings about banning ATV's. She felt operators of ATV's would be entitled to get from one spot to another and by asking them to only use their own private property might create more problems for the City. It would be a difficult ordinance for the City to enforce. Commissioner Vistad felt the ATV's should be eliminated except on private property. ~~ / Planning and Zoning Commission June 28, 1988 Meeting Minutes Page Six Commissioner Jacobson had a concern that because ATV's are legal vehicles and thought that by banning ATV's, this could violate the rights of the citizens of Andover. Commissioner Bosell also thought item C (Section 3) should be changed to item E and the wording be added "A direct crossing of a street or highway by a snowmobile is permitted if". Further, items D and E should be changed to F and G. The Commissioners did not feel a time limit on riding snowmobiles should be set. Commissioner Jacobson felt that because only three Planning Commission members were present for this meeting, it would only be fair to table this item until the next Planning meeting to get the further input from the other commissioners on this major issue. Commissioner Bosell stated she did feel that ATV's should be allowed to travel on the right of ways as the ordinance is written. The ordinance should apply to both ATV's and snowmobiles. She feels that the enforcement of banning ATV's would be an unmanageable one. Commissioner Vistad is against the proposed ordinance and feels the ATV's should be banned to private property. Commissioner Jacobson feels this will be a major issue for the City and would like to table this item until the July 12th meeting for more input by all the commission members. It was suggested that the Deputy attend the next Planning Commission meeting. Motion was made by Commissioner Bosell, seconded by Commissioner Vistad to table this item until the July 12th meeting. All voted yes. Motion carried. ORDINANCE 8 (ZONING ORDINANCE) AND ORDINANCE 10 (SUBDIVISION AND PLATTING ORDINANCE) AMENDMENTS PUBLIC HEARING. CONTINUED It was agreed to table this item until the July 12th Planning and Zoning Commission meeting. ,_ J 'J Planning and Zoning Commission June 28, 1988 Meeting Minutes Page Seven SPECIAL MEETING It was agreed that Daryl Morey would contact the Planning Commissioners in order to set a special meeting date. The specific dates to be looked at would be the third Tuesday of July. ADJOURNMENT Moved by Commissioner Vistad, seconded by Commissioner Bosell adjourned the regular Planning Commission meeting at 9:40 p.m. Respectfully submitted, (Plan.5)