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HomeMy WebLinkAboutJuly 26, 1988 , \ '--.--) ~) ;~ ,;. 7:30 P.M. o o CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING _ AGENDA JULY 26, 1988 1. Call to Order 2. Approval of Minutes 3. Red Oaks Manor 6th Addition Sketch Plan, Continued 4. All-Terrain Vehicle/Snowmobile Ordinance Public Hearing, Continued 5. Non-Domesticated Animal Ordinance Public Hearing, Continued 6. Ordinance 8 (Zoning Ordinance) Amendment Public Hearing, Continued 7. Ordinance 40 (Lot Split Ordinance) Amendment 8. Ordinance 10 (Subdivision and Platting Ordinance) Amendment, Continued 9. Adjournment o u o '()\ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - JULY 26. 1988 M !NUTES The Regular Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Margorie Perry on July 26, 1988, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioner absent: Also present: Bernard, Bosell, Jacobson, Jovanovich, Pease Vistad City Planner, Daryl Morey; and Assistant City Engineer, Todd Haas APPROVAL OF MINUTES June 7. 1988: Correct as written. MOTION by Jovanovich, Seconded by Pease, approval as written. Motion carried unanimously. July 12. 1988: Page 5, Line 5, nvisual" to be deleted and replaced with "river" Chairperson Perry asked for a motion to approve the Minutes as amended. MOTION by Jacobson, Seconded by Jovanovich, to so move. Motion carried on a 5-Yes (Bernard, Jacobson, Jovanovich, Pease, Perry), I-Present (Bosell) vote. RED OAKS MANOR 6TH ADDITION SKETCH PLAN. CONTINUED Chairperson Perry reported the progress made by a committee represent- ing several cities and churches which is lookIng Into senIor cItizen housIng in Andover. But they wIll not have any recommendations for some tIme. CommissIoner Jacobson was concerned about the request for rezonIng of this area; thInkIng Is is one of the last areas left for multIple use. He dId note, however, that senior cItIzen housIng is in the master plan of the Meadowcreek Church. Discussion was on the rezoning request for this property from Limited Business to R-4 residential. Mr. Morey reported the City has also received a sketch plan for the property east of this which is also calling for single family and some commercial. He too noted there would be very little area left in the MUSA area for mulitple zoning. ,- ') ~ Mr. Haas noted a rezoning would entail an amendment to the Comprehensive Plan which has to be approved by the Planning Commission, the Andover Council, and Metropolitan Council. '-~ , \~ Planning and 20ning Commission Minutes - July 26, 1988 Page 2 (Red Oaks Manor 6th Addition Sketch Plan, Continued) Mr. Haas stated the Review Committee looked at the plan, which was generally acceptable. They did recommend a road alignment for Quinn Street that would match into the commercial area to the south of Bunker Lake Boulevard to provide a full intersection. Then when it warrants, the intersection could be signalized. The Committee had no problem with the proposed cui de sac even though it exceeds the 500-foot requirement and a variance would be needed. They felt it provided a buffer between the residents and the commercial area south of Bunker Lake Boulevard. Mr. Haas continued that the Committee is also aSking that the grading work in with the 5th Addition, which was a requirement of the 5th. The Review Committee didn't consider the rezoning in any great detail, thinking an R-4 zone fit in very well with the surrounding area. Usually a rezoning is considered at the same time as the preliminary plat. The plat will be served with municipal sanitary sewer and water. Commissioner Bosell stated a lot of thought was given to rezoning the area to Limited Business in 1980, stating the residents were in favor of that zoning. By changing it to R-4, it leaves very little LB zoning left in the City. Sh~ ~lsQ [~lt LB would be better across from the tire pile and Junkyards rather than residential, stating she agrees with the rezoning done in 1980. Art Raudlo. developer - stated the only reason they purchased this property was so it would work in with the grading In the 5th Addition. He felt they can market that property as residential and that they could not compete with the commercial park if it remained LB. Mr. Morey explained the Intent in the commercial area was to do any rezoning at the time a property owner came in with a sketch plan according to the plat; otherwise it will stay as it is presently zoned. Discussion was then on the proposed street alignments. Mr. Haas explained the consultant felt the alignment in the commercial park could be moved as proposed, the intent being to build the roads and parking lots over the hazardous waste areas and keep the buildings off the nhot spots". With the proposed alignment, there would eventually be three full intersections along Bunker Lake Boulevard between Verdin and Hanson Boulevard. Commissioner Jacobson then proposed a street alignment to eliminate the long cui de sac and bringing Quinn back into the alignment of the original plan, and no lots would be lost. Mr. Raudio noted there is a high hill with many oak trees where the proposed cui de sac is, though he agreed to look at it more closely. \ ~,j , , ~ '). ~_, I .. ) ',1: .i ..Jl.) " \ , ) ~ Planning and Zoning Commission Minutes - July 26, 1988 Page 3 (Red Oaks Manor 6th Addition Sketch Plan, Continued) Discussion returned to the rezoning issue. Commisioner Jacobson again expressed concern of eliminating al I areas that could be used for senior citizen housing, though he thought the single family zone filled out the area north of Bunker Lakp. Rnulevard. Also, the businesses south of Bunker Lake Boulevard are existing and will not be a surprise to those buying lots In this plat. In discussing the zoning In the surrounding area, especially what would be the remaining LB zones, Commissioner Jacobson noted UPA has purchased about 15 acres of the property where Jellison's homestead Is located with the intent of building a larger substation In the future. Mr. Morey stated from a planning aspect, the LB zoning In the City should be looked at further If this Is rezoned to either eliminate it or expand it elsewhere. But he too agreed an R-4 zone In this area is part of a contiguous pattern to fill out that area. In envisioning the future of the commercial park, he felt the development will move rather quickly once the hazardous waste issue Is resolved. With the frontage road, berming and landscaping, he felt the two areas could be compatible. It was noted the sketch plan needs to be corrected to show a rezoning to R-4, not R-l. The Commission then recommended Mr. Raudio look at the proposed street alignment suggested by Commissioner Jacobson. The item is on the August 2 Council meeting Agenda and on the P & Z Agenda once again on August 9. The Commission also asked Mr. Haas to provide the background information of when the area was zoned LB as to why it was done and add It to the Agenda for discussion at a future meeting. ALL-TERRAIN VEHICLE/SNOWMOBILE ORDINANCE PUBLIC HEARING. CONTINUED ChaIrperson Perry reopened the publIc hearing at 8:06 p.m;- Mr. Morey reviewed the changes made to the proposed ordinance as suggested at the July 12 meetIng: 1. Made it unlawful for ail-terrain vehicles to operate In the ditches of county roads at all times 2. Allow snowmobile operation on City streets only on the righthand-most portion of the roadway 3. Allow operation of all-terraIn vehIcles and snowmobiles In City parks In areas designated by the Park CommIssion " ~ . ~. -,. 'J , u Planning and Zoning CommIssion MInutes - July 26, 1988 Page 4 . , , J (All-Terrain Vehicle/Snowmobile Ordinance Public Hearing, Continued) Discussion was on the second change. Mr. Morey stated the snowmobIle should be on the righthand-most portion of the improved roadway. And roadway is defined as that portion of a highway improved, desIgned, or ordInarily used for vehIcular travel but not In the roadway proper. It Is not intended to allow them to drIve on the roadway but on the shoulder, unless It Is a very narrow street. CommIssIoner Bosell asked If thIs has gone to the Park CommIssion for their consideration, noting the third change. ChaIrperson Perry reported the Park Board was represented. There are no designated trails in the City but that it would be somethIng that may be considered in the future. And thIs would gIve them the authority to desIgnate such traIls if they would so choose at some point in the future. Commissioner Bosell recommended not even invItIng such use at this time; that It would be better to amend the ordinance in the future If these traIls are desired. Commissioner Bernard thought Park Board Member Stuart Kinkade was before the P & Z to put that sectIon Into the ordInance to gIve them that option. MOTION by Jacobson, Seconded by Bosell, to strike the last sentence in SectIon 3, B. Motion carrIed on a 4-Yes (Bosell, Jacobson, Jovanovich, Pease); 2-NO (Bernard, Perry) vote. ChaIrperson Perry asked for a motion to close the public hearIng. MOTION by Bernard, Seconded by Jacobson, to so move. Motion carried unanImously. MOTION by Jacobson, Seconded by Bernard, to recommend to the City Council the passage of OrdInance No. (to be determined), an Ordinance adopting regulatIons for the operation of all-terrain vehicles and snowmobiles within the City. The Planning and Zoning Commission held a public hearing and took public comment on the proposed ordinance. A majorIty of those appearing Indicating they would be in favor of an ordinance such as Is being recommended. The Commission also took testimony from Sheriff Deputy Roessler concerning the problems of enforcing current ordinances relating to ATV's and snowmobiles. The CommIssion, after considering all the testimony and dIscussing the matter at length, recommends the ordinance to the Council for adoption, and feelIng that passage of this ordinance would have a positive Impact on the CIty and the quality of life in the CIty. MotIon carrIed unanimously. The hearing closed at 8:18 p.m. I OJ' j . L ~ J c: ,. ~ " U '. , 1 : : : ~ ~. I '-J , v Planning and Zoning Commission Minutes - July 26, 1988 / Page 5 NON-DOMESTICATED ANIMAL ORDINANCE PUBLIC HEARING. CONTINUED Chairperson Perry reopened the public hearing at 8:18 p.m. Mr. Morey reviewed the changes that had been incorporated into the ordinance as recommended at the July 12 meeting as noted in the Agenda material. Chairperson Perry explained the intent of Section 4 was to require a permit for non-domesticated animals that may be coming into the City for a temporary period, such as a carnival comIng into town; and it could not be for any longer than 30 days. Otherwise the intent Is not to allow any non-domesticated animals In the CIty. Under Section 6, CommIssioner BoseII suggested once the ordinance is adopted, that the residents be asked to notify the CIty if they have a non-domesticated animal. There would be no consequence, but it would be simply to document that there are pre-existing non-domesticated animals safely contained in the City. And it would protect their abIlity to retain ownership of that animal. That could be Implemented mostly by education through the newsletter. MOTION by Bosell, Seconded by Jacobson, to close the public hearing. Motion carried unanimously. MOTION by Bernard, Seconded by Pease, that the Andover PlannIng and Zoning Commission recommend to the City Council approval of the ordinance proposal as stated in the request for Planning Commission action July 26, 1988. I recommend that the modifications as noted or stated be accepted in Section 2, e), inserting the words "IncludIng, but not limited lo, bears and badgers.", and in Section 4, Exceptions, A, second sentence, strIke "shall" and include "may" (Such a permit may be Issued...). The public hearing heard one gentleman's concerns about ducks but was assured that that was not the intent to limit the wildlife in his pond by this action. The Planning Commission feels that this action would limIt any animals of the dangerous nature to the citizens. If the City Council adopts this ordinance, the Planning Commission recommends publishing the ordinance in the newsletter so that citizens will be aware of it. DISCUSSION: Mr. Morey recommended this be a separate ordinance, thinking it would be clearer than if it were included in the zoning ordinance. Motion carried unanimously. The hearing closed at 8:39 p.m. ORDINANCE 8 (ZONING ORDINANCE) AMENDMENT PUBLIC HEARING. CONTINUED ChaIrperson Perry reopened the hearing at 8:39 p.m., noting the City Attorney has informed them he has not had an opportunity to look at all of the Issues Involved in limIting or excludIng these activItIes I from the City. The Attorney's clerk will research ordinances from other cities. She also stated it was the Attorney's opinion that there would be a problem excluding such activitIes from the City but they could be limited to certain areas. \- ) u Planning and Zoning Commission \ Minutes - July 26, 1988 ) Page 6 (Ordinance 8 (Zoning OrdInance) Amendment PublIc Hearing, Continued) It was then agreed to delete Section 3.02, DefInitions, and Section 7.03, Special Uses from this proposed amendment until more information is obtained and until after the hearing that will be held in two weeks regarding high-risk sexual activities. After a brief discussion, it was also agreed that for future reference, the wording under Adult bookstore should be clarified and read: "An establishment having a substantial or significant portion of its stock in trade, books, magazines, and other periodicals; films or video tapes for sale or viewing on the premises by use of motion picture devices or other coin-operated means, all of which are distlnquished..." There was then a question as to whether "al I of" in the above phrase indicates a store would not meet the definition if it also sold one or two items not relating to nudity, etc.; because the intent is that If there is any material of this nature, it would meet this definition. No final decision was made on this item, agreeing to ask the Attorney about it. Section 4, 4.15: Because the City doesn't have a Thoroughfare Plan, it was agreed to change the wording to "City Street Plan" in the center of that paragraph. It was pointed out that to be consistent with other ordlnances~ all numbers should be written out and then the numeral placed in parenthesis. Section 5, 5.02, CC), last line, change to: "...unless a written extension...", as the Commission felt the City should have the granting of the extension in writing. Section 5, 5.02, CD), it was agreed to simplify the paragraph: "The Planning Commission shall make its report to the City Council in the following manner:" Then proceed to items 1 and 2. The Commission also discussed the posting of any property that is being considered for rezoning so the residents are aware of what is taking place. They requested the City Administrator find out what happened to the "Rezoning" signs that had been purchased previously. A determination also needs to be made as to who will install those signs and communicate to them when and where properties may be rezoned. Section 5, 5.04, (5), it was agreed the definition of undue h~rdohip should be deleted from this paragraph and placed under Definitions, Section 3.02. This deletes the sentence, "Undue hardship as used....essential character of the locality." I , ) () " , I '--J \J Planning and Zoning Commission Minutes - July 26, 1988 Page 7 (Ordinance 8 (Zoning Ordinance) Amendment Public Hearing, Continued) Section 5. 5.04. (6). is to be clarified: "The petitioner. if appealing an interpretation of this ordinance which would require him/her to obtain a variance, shall have the fee refunded if his/her appeal is upheld by the City Council." The intent would be the variance would be applied for and fee paid; but the fee would be returned if their appeal is upheld. Section 6, 6.02. discussion was on whether or not extra width should be required on corner lots. Commissioner Bosell explained extra setbacks are required on corner lots, and the extra width then gives the lot the same building space as interior lots. MOTION by Jacobson, Seconded by Pease. to make a corner lot a minimum of 100 feet in the R-4 zone. Motion carried unanimously. MOTION by Jacobson, Seconded by Jovanovich. that we recommend to the City Council adoption of Ordinance 8 (letters to be determIned). The Planning and Zoning Commission has. over the period of the last year. found some technIcal correctIons In OrdInance 8 whIch it feels need to be corrected to make the administrative functionIng of the Planning and ZonIng and the Council mesh better; and make some technical corrections and other provIsions in Ordinance 8 to insure unIformity in the Interpretation of the ordinance. And recommend to the CouncIl the adoption of this amendment to Ordinance 8. Motion carried unanimously. The hearing ended at 9:21 p.m. ORDINANCE 40 (LOT SPLIT ORDINANCE) AMENDMENT MOTION by Bosell. Seconded by Pease, that we adopt the amendment to Ordinance 40 as presented by the CIty Planner which would allow for the utIlization of a fifth Tuesday In a month with which to refer items from the PlannIng CommissIon to the City Council. MotIon carried unanimously. ORDINANCE 10 (SUBDIVISION AND PLATTING ORDINANCE) AMENDMENT. CONTINUED Mr. Morey explaIned the amendment sets criteria for erosIon and siltation control and is modeled after Plymouth's polley. CommIssIoner Bosell proposed a defInItIon In 3.02 be established for ErosIon Control: A plan designed to alleviate harmful or damaging effects of on-sIte erosion and sIltation on neIghboring downhIll or downstream lands and waters In the CIty of Andover and adjacent communItIes durIng and after development. '. Ii: " 1 ! ... :: ~ ;.: :." , ' .1. 1"1 .1{ ,-_.J o PlannIng and ZonIng CommIssIon \ MInutes - July 26, 1988 " Page 8 (OrdInance 40 (Lot SplIt OrdInance) Amendment, Continued) In discussIng the control of wind erosion, it was noted wind erosIon isn't necessarily downhIll or downstream. To make the definition applIcable to all types of erosion, it was agreed to elImInate the words "downhIll or downstream" In the proposed definitIon. SectIon 17, 17.01, thIrd line, also elIminate "downhIll or downstream. " It was agaIn suggested that for consIstency, all numbers should be spelled out, followed by the numeral In parentheses. Section 17.02, f, thIrd line should read: "additional buIldIng permits shall be issued..." Section 17.03, measures. . . " mulching would second line, to read: "any site, approprIate It was felt that some of the control measures take place after the gradIng is done. control such as Section 17.04 is to be divided into three separate paragraphs, each paragraph to be lettered. Item a wIll begIn with "Developers" and end wIth, "...and invoIce the developer." Item b to be "In addItion to......drawon the fInancIal guarantee." Item c to begin wIth "Builders will be gIven a notice..." to the end of the paragraph. The Commissioners felt this would make the section easIer to read and understand. Also, in Item a, clarIfy: "Developers will be given a 48 hour notice by telephone when..." Section 17.05 to be changed to: "Included within the Development Contract shall be the requirement for street cleaning if needed, as determined by the Public Works Director." The Commission felt this wordIng would clarIfy where street cleaning should be done and that it would be done only If needed. It would apply to roads both wIthin the development and through other developments If those roads were used in the process of construction. / MOTION by Bosell, Seconded by Jacobson, recommend Planning and Zoning Commission recommend to the City Council adoption of an amendment to Ordinance 10 as presented by the City Planner. It was the intent of the Planning CommIssion to clarIfy some procedures, add some definItions, and most importantly, to add a a new section to Ordinance 10 whIch would deal wIth erosIon and siltation control, as the development over the last two years has shown that our ordInance Is lackIng in regard to erosIon control. We have not received any negative response from developers at thIs point in time, and would recommend the adoptIon of this ordInance amendment by the CIty CouncIl. MotIon carried unanimously. , / \ \J Planning and Zoning Commission Minutes - July 26, 1988 Page 9 .. (Ordinance 10 Amendment, Continued) The Commission felt the Council should address whether Section 17 can specifically apply to plats that are already in place and are in the process of construction. MOTION by Bosell, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting was adjourned at 9:45 p.m. Respectfully submitted, \~ ~~~ ~~r;:~ \~a~ella A. Peach Recording Secretary