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HomeMy WebLinkAboutOctober 25, 1988 () .' ) "-...... o o CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING - AGENDA October 25, 1988 The Planning and Zoning Commission of the City of Andover, Minnesota will hold their regular meeting on October 25, 1988 at the City Hall Offices, 1685 Crosstown Blvd. The meeting is scheduled to begin at 7:30 p.m. 7:30 P.M. 1. Call to Order 2. Approval of Minutes 3. Holm/Raudio: Rezoning Request, continuation 4. Holm/Raudio: preliminary Plat, Red Oaks Manor, 6th Addition, continuation 5. ORDINANCE #87, Amendment to Allow Handicapped ATV Operators Within City Limits 6. PUBLIC HEARING: Ordinance 8 Amendments - General 7. PUBLIC HEARING: Woodland Creek Golf Course, Special Use Permit 8. Other Business A. Metes and Bounds Discussion 9. Adjournment o o ~) (9\ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING MINUTES OCTOBER 25, 1988 The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Marjorie Perry at 7:30 p.m., Tuesday, October 25, 1988, in the Council Chambers of Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Hinnesota. Commissioners present included Becky Pease, Wayne Vistad, d'Arcy Bosell, BIll Bernard, Don Jacobson, Chairman Marjorie Perry. It was also requested by Commissioner Vis tad to move agenda item ~5 (Ordinance ~87, Amendment to Allow Handicapped ATV operators within City Limits) to agenda item ~3 as Deputy Rossler would be here to make some comments regarding this item. All commissioners agreed to make this chan~e in the agenda. It was also suggested by Chairman Perry to move agenda item ~2 (Approval of Minutes) to agenda item ;8. All of the commissioners agreed to make these changes to the agenda. OTHER BUSINESS ATV ORDINANCE AMENDHENT Jay Blake presented the background information on this item indicating two changes be incorporated into the amendment: 1. The Special ATV Operators' Permit will be issued by the Andover City Clerk. 2. Review criteria will include verification of insurance. Commissioner Vistad had a few questions to ask Deputy Rossler. 1. Could you explain the state code concerning ATV's for handicapped people? ') ,--I Deputy Rossler's Response: He feels it is the State's intention to allow cities to issue their own permits for ATV's for handicapped people and the intent was to provide transportation mostly to and from school for handicapped children and to and from work for people who lived in rural areas that did not have mass transit, etc. f \ \..J u Andover Planning and Zoning Commission October 25, 1988 Meeting Minutes Page T~...-o lie did not feel that the State intended this for the metropolitan area, where there would be a high volume of traffic in urban areas and where there are special handicapped mobility vans. Also, he felt the State turned this over to the cities because the State did not want to accept the liabilities if a city allowed such an operation. 21 Do you feel that an ATV is a vehicle designed to be ridden on hard-surfaced roads? Deputy Rossler's response: Deputy Rossler stated, "absolutely not. The tires are federall v stamped, off-road use only." lie also st>ated it would be very expensive to turn an AT\~ into a licensable vehicle -- all four tires would have to be changed, equipment added SllCil ~tS rear vic\{ IIlirrors, tllrn signals, brake lights, tail lights, head lights, license plates lights, etc. The intended operation for ATY's is strictly off-road use. J) Do you feel n handicapped person cou.ui handle an ATY safely on a hard-surfaced road? DepuLY Rossler's response: He felt, that it w'ould depend on what the handicap is. He stated that if their handicap inhibited them from possessing a normal Minnesota driver's license, he thinks that an ATV, not especially equipped for handicapped persons, Hould be difficult to operate. ~) Do you think it would be safe for other people drivln~ on the roadway to have handicapped persons operating ATV's on roadl;ays? Depu.ty Ross le1" s response: He reI t this Hould be a concern because Andover's getting to be fnirly populated. HE~ felt the concern should not only be for the handicapped person but nlso for the other people on the roarll,ayro. He felt it might be a problem defining which routes "oHld be ok for a handicapped person, and in determining how and when ~hey can use the ATV's. ~otorlzed wheelchairs or carts \J () \ 1 Andover Planning and Zoning Commission October 25, 1988 ~leetin~ \linutes Page Three are designed to be used by the handicapped. He did not know of any other communities that had an ordinance that approved the ATV as a form o~ transportation for the handicapped. 5) If a per:]i t I,as approved for the handicapped person, do you think that person would abide by the conditions of the permit? Deputy Rossler's response: He stated that ATV's are designed to ride and go any pLace and kids will be kids (handicapped or not). If the AIV is a fun mode of transportation, he felt it might be operated in other ways. GI Do you [o:>el the area of Bunker Lake Boulevard would be a dangerous area to ride an ATV? Deputy Rossler's response: He stated that the Blinker Lal:e Boulevard area has a high volume of traffic. He thought that adding an ATV to the traffic area would only add to the traffic congestion. Co~missioner Pease asked Depllty Rossler what a minlmllm age requirement should bo for an ATV. Mr. Rossler said he didn't know, and that it would depend on the size of the ATV. He stated that many communities use golf carts, I,hich have road-safe tires. He thought that if the handicapped person could look for a different. mode of transportation rather than an ATV, it might solve the problem. Commissioner Bosell as~eu Deputy Rossler, if it was possible to add proper equipment to an ATV to make it a safe vehicle to operate. Deputy Rossler stated Y0,S it Has possible but it Hould be very expensive. Ms. Bosell stated that the family mating this original request would be willin~ ~o equip the vehicle up to the State's safety standards, and also would be willing to Ilave the child take the safety course 'liven by ':;he DNH and if the child is not certified by the State as being able to operate that vehicle, they Iwtlld "ithdrm" their reeFiest. I , Ms. Bosell stated that the request for this handicapped child Hould only be for operation on interior roads, not county roads. Ms. Bosell stated also that a Muscular Dystrophy ~ssociation representative was not able to come to this meeting but would like the opportunit.y to have a member come out for another meeting to discllss this topic. ~.js. Bosell IVouLd like , \ o u \ / Andover Planning and Zoning Commission October 25, 1988 ~'leeting \linutes Page Four this agenda item continued at least for another meeting to hear from the Muscular Dystrophy Association. ~s. Perry also asked if the staff could research what the costs would be if the equipment requirements were added to the ATV to brin~ it up to safety standards. Ms. Bosell would like the City staff to follow up and to get some information from the Attorney General's office on the interpretation of the ordinance concerning ATV's. A motion was made by Commissioner Bosell, seconded by Commissioner Bernard, that the Andover Planning and Zoning Commission continue thi'3 agenda item until the next regular'l;,- scheduled meeting. There was discussion on this motion. ~r. Jacobson stated that he felt the Planning Commission had reviewed this item for the duration of several meetings and he saw no advantage in continuing this agenda item to a future meeting. Chairman Perry polled the commlSSlon: no; Jacobson-no; Bernard-yes; Dosell-yes; carried. Pease, yes; Vistad- Perry-yes. Motion UPU1/rL\CDIO: REZONI\'G r~LQlJE_ST, COi'iTINUATION Jay Blake stated this is an item continued from the October 11th Planning Commission meeting. The Planning staff recommended approval of the rezoning request to an R-4 zoning and that it would be beneficial to rezone the area consistent with the development in the area. Also, Mr. Blake passed out a petition from the neiqhborhood stating their approval of the rezoning request from LB to R-~, as the neighbors did not want businesses in their back yards. Mr. Vistad asked if City staff had looked at whether the wetland area could be used as a picnic area to the LB area. ~s. Bosell stated that this wetland area is set aside as a drainage easement. / Mr. Jacobson referred to the Power of Attorney document on page one in "hich it is stated that "the authorizations and powers ~ranted in the power of attorney shall continuo d\lring any period that I am disabled. incompetent or absent." He asl;eu 13arb:lra Duerr if anyone of those are in effect -- Barbara stat,ed that Mr. Van Hyning was disabled, but not incompetent. ; \ \J u \ ; Andover Planning and Zoning Com~ission October 25, 1988 Meeting Minutes Pa~p Five Chairman Perry reopened the public hearing. Jacqueline Easter had a concern if the area stayed as LB zoning, will the land behind Iler property be dropped to the height of Bunker. Todd Haas stated it probably would be dropped but at a gradual slope. A motion was made by Commissioner Jacobson, Commissioner Pease to close the public hearing. ~Jotoion carried unanimously. seconded by All vot,ed yes. There was some discussion on the motion. Wayne Vistad had a concer!1 if the City was addressing the future planning of Andover in making a decision on this piece of land. Jay Blake stated that there are areas to the east of the City's wetland that would remain as limited business areas, and the City also has a large tract of land zoned general business that runs north along either side of Hanson Bo\\levard. Mr. Blake didn't think the City wouLd be out of line as far as residential versus commercial land. Mr. Blake feels it still ~akes sense to keep this partic\llar parcel in the residential area, as the areas surrounding it are residential also, Chairman Perry also stated that there 'Ire areas outside the M~SA area, that are existing neighborhood business and limited industrial areas that are not~ fully developed. A motion was made by Commissioner Jacobson, seconded by Commissioner Bernard, that the Andover Planning an,l Zoning Commission recommends to tile City Council approval of the zoning request by Art Raudio and Norm Holm for designation from the current LB district to an R-~ at approximately Bunker Lake Boulevard at (~\li.nn Street :";iy (attached is complete le';,~d description) to be known as Red Oaks, Gtll Addition. The Planning C1nd Zoning Commission has held a public hearing on the mntter nile: lIas received a petition from approximately 10 households with p['operty abutotoing the property favoring the rezoning of Lho property to residential, single-family homes. A public hearing "nlS held and the majority of the input from tho public '.;as positive for n zoning change. The Planning Commission has reviewed the power of attorney document submitted by ~rs. Ollerr and in its estimation is in order and that she does have the legal authority and right to acl on behalf of ~Ir. Van Hyning with respect to this pn~'cel of property. The Plnnning Commission also finds t.hat the proposed rezoning is within the "!USA and is provided with sewer and therefore meets the requirement of an R- .1 district. Botll sewer and water are available. The Commission also finds that the land directly north and west is currently \J u ) Andover Planning and Zoning Commission October 25, 1988 ~eeting Minutes Page Six zoned as R-1, and the land to the east of tile property is a DNR wetland and drainage area. The Commission finds that Bunker Lake Boulevard which is on the south side of thi:-; property will provide adequate separation from this residential area from the industrial park on the '30uth side of Bunker Lake Boulevard and also notes that this industrial park is in the process of undergoing renovation and change. The Commission also finds that there is adequate business left or available in sewered areas 1n UlC' easterly parts of the Ci t,y that could accommodate some increased business activity and we also submit for approval, subject to U12 D\m letter to the City of ,\ndov('r dated Oc.tober 20, 1988 indicating one restriction if excess of 10,000 of gallons a day is 2umped in any dewatering operation. It is also our understanding that the park fees for this particular piece of property have been taken care in the Red Oaks Fifth platting procedure. Discussion: ~fs. Bosell nsked the maker of the motion if he would include in his motion, that this request meets the criteria of Ordinance 8, Section 5.02 and 5.U3. Mr. Jacobson approved this addition, and the seconder approved also. Chairman Perry polled the commission: Vistad-no; Jacobson- yes; Bcrrl~lr(l-yes; Pease-yes; Bosell-yes; arId Perry-yes. Motiorl carried. This item will go to the City Council at the November 15, 1988 meeting. HOL\I/R,\UDTO: cm,TINUATIO\i PRELHII~,ARY PLAT. RED 0,\1-,5 \!Y";OR. .:;TB ,\DDTTIO', L Todd !laas revieh'ed the plat and stated that the butt lot concern has been corrected and that the soils report has been received. 'Is. Bosell asked if the soils report I<aS adequate. ,fr. lIaas stated that it was adequate. She also asked if Mr. Tim Fell was contacted at the U.S. Army Corps of Engineers. ~r. Haas stated this would be up to the developer to obtain the permit and contact them directly. ~ls. D()~;ell had a concC'r-n the City should have documentation of a transmittal letter submitted to the Corps of Enginc:el"s. I Hr. Jacobson had a cOlicern regarding the big piles of the soil that needs to be removed. Tom O'Malley stated that approximately 5U,000 cubic yards are being removed. This 15 slightly less than the other addition -- which is as high as appro';imately 7U,000 cubic yards of dirt. , \ o ,- '\ U \ Andover Planning and Zoning Commission October 25, 1988 Meeting Minutes Page Seven I Hr. Holm stated that by chopping the six lots off, because of the D~R property, this created 30,000 yards of dirt to handle when they weren't prepared to handle. Mr. Jacobson asked Todd Haas asked if this grading plall would be hasically leveled? Todd stated that the developer was trying to make the grading plan work so it would tie in with Quinn and work with Bunker Lake Boulevard, to tie it in with the sewer and water and to tie in the grading witll the 5th addition. From the engineer's perspective, it all ties in to meet the City's requirements. Ms. Bosell asked if the cul-de-sac was measured ape:'~ of the corner to the center of the cuI-dc-sac. stated that he measured from the intersection to the the cul-de-sac. from the Todd Haas center of 'Jr. Vistad had a (l\lestion about the grading -- it. looks ILl~e a lot of trees are to be removed. Mr. O'Malley stated that some trees \"ould be removed but> a lot of them h'ould be saved. Barbara Duerr, 21~3 Bunker Lake Boulevard wanted to take a closer look at trICe <>;rading plan. To the east of Partridge, cllor,' h'ill be some trees tal:en out. She also had a question about the hill from the hest to Qllinn Street and ",auld the hill bp- at the same height as it is nOh. Todd Haas said there would be some cutting in thitt nrea and the <.;ritding lvo\lld be bl(,nded into the existing subdivisions. Mr. Raudio nlso stated that they are trying to make everytllLng ~lend in and stay within the watcr tables and soils, in addition to preserving the natural features of the area. Todd Berg, 2130 13Sth Avenue had a q\lostion regarding city water coming into this development and asked about ",hat it would take for exi~;ting houso,,, to have, Hater and sewer. Todd Haas stated it would have to be done by picking up a petitio!1 from City Hall and polling the rest of the neighbors. The City Council ",auld need a majori ty to act on this request. Cl18irr.l:ln Perry sllggcsted that he contact City Hall regarding the details of this procedure. A ~otion was made by Commissioner Jacobson, Commissioner Vistad, to close the public hearing. ~lot,ion carried unanimously. seconded by ,\11 voted yes. The Planning Commission recessed at 8:55 p.m. and rcconvened at 9:05 p.m. \.~-) o \ / Andover Planning and Zoning Commission October 25, 1988 Meeting Minutes Fnge Eight .\ motion \,'as r:wde by Commissioner Jacobson, seconded by Commissioner Vistad, that the Andover Planning and Zoning Commission recommends to the City Council approval of the preliminary plat known as Red Oaks 6th Addition to be developed by :\orl~ Holm/i'\rt Raudio, legal description <\s follol's: That part of the S 1/2 of the SE 1/1 of the KW 1/1 of Sec. 31, T. 32, R. 21. Anokn County, Minnesota, lying west of the east 150.00 feet thereof. A public hearing was held and there was some comment by the pllblic but no opposition to the plat. The Planning Commission finds the plat in conformance with the Comprellensive Plan, and it has been reviewed by the City Engineer. The Planning Commission understands that the park dedication has already been taken care of in the Red O:1ks, 5th ..',ddition, therefore, no par!; fees and park land would be required for this plat. He find that the plat. meets the City of Andover Ordinances w'i th the e~;ception of the length of the cuI-dc-sac of Partridge Street, which is 530 feet which exceeds the maximum length of 500 feet; and we recommend approval of the variance for that street [lnel this pint w'ould be contingent upon tl';o it.ems: 1) that all lots access through interior streets and 2) subject to review by the Corps of Engineers to determine if they have any jurisdiction over this piece of land. Di[;cussion: 'II'. Vistad ncc;ked if an addition to the motion should be made in regard to the existing house. The commissioners agreed that it'~r.l liaS included in the motion in that all lots should access through interior streets. Chairman Perry polled the commissioners. All voted ves. Motion carried unanimously. This item will go to the Council on :\ovember 15, 1988. \\OODLA;,D CREEK GOLF COl'FSE - SPEC L\L USE PEmlIT Jay Blake stated that this was an application for the constnlction of a flood proof pUr.lp station for the irrigation system recently installed by the applicant, Maps, site plan, floor pLan and schematics were enclosed for the commissioners' reviel,', Ci ty staff recommends approval of this item I,;i tll four suggested conditions. Byron "pL;tlund stated the building .,ould be 12' _, 1-+' and eight feet high. :-11'. Jacobson asked if there I>,ould be r.lllCh noise. :-Jr. "estlund stated there li'Otlld be a slight "humming" noise only. j I , u u / Andover Planning and Zoning Commission October 25, 1988 Meeting Minutes Page Nine A motion was made by Commissioner Vistad to open and close the public hearing. All voted yes. Motion carried unanimously. Mr. Jacobson had an addition to item ;3 under the suggested conditions to read, "The structure will not be designed for human habitation or additional storage space." A motion was made by Commissioner Vistad, seconded by Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the City Council approval of the special use permit requested by Woodland Development to allow construction of an accessory building in the flood way subject to the following conditions: 1) The structure and related fill and landscaping be constructed so as to not in any way impede the flow of flood waters. 2) All fill be protected from erosion by vegetative cover, 3) The structure will not be designed for human habitation or additional storage space. -1) The structure will be flood-proofed in accordance with the State Building Code. A public hearing was held and there was no opposition. The proposed use will not be detrimental to the health, safety or general welfare of the community. This motion is made in pursuant to Ordinance 50, Section 4.2, 10.402, 10.47. All voted yes. Motion carried unanimously. ORDINANCE 8 AME~DMENTS Jay Blake stated that he had made some amendments to the ordinance as discussed during preVIOUS Planning Commission meetings. Chairman Perry opened the public hearing. A motion was made by Commissioner Vistad to open the public hearing. All voted yes. Motion carried unanimously. A motion was made by Commissioner Jacobson to close the public hearing. All voted yes, Motion carried unanimously. , \..j , \ \--.J \ / Andover Planning and Zoning Commission October 2S. 1388 ~lceting ~'Jinute,; Page Ten Commissioner Bosell had a question regarding the Variance Section, item :=6, and wondered h'hy the phrase, "by an employee of the City" Has to be, deleted. She Hould like to see it left~ in the ordinance as it is novo A motion Has made by Commissioner Bosell, seconded by Commissioner Jacobson, that the Andover Planning and Zoning Commission recommend"" to the City Council adoption of an amendment to Ordinance 8 as presented by the planner as supported by his memorandum dated October 25, 1988. There was a public hearing held and there was no public input. It is the intent of the Planning Commission to update, to accommodate what is existing Hi thin the City of Andover on those items that have been recommended for changes and HQuld request the City Council's sllpport on these recommendations. ~lr. Jacobson asked if this r:Jeant also including the corrections of page J, also to leave in item ;::G on that page, "by an employee of the City." anu .:1180, to include the COITC'ction on page J to read from 11,000 to 11,400 (instead of 11,700). Ms. Bosell stated yes, it did. All voted yes. Motion c.:1rried unanimously. OTHER Rl.iSI\"ESS Jay Blake stated he has started Horking on the sign ordinance and passed out some information to the commissioners to rC'"\' l ew . "".'tes and Bounds Jay Blake presentcd Lhe city versus state standards regarding lot splits. It seems that the City of Andover 1S much more lenient. than the State on metes and bounds. Jay Blake stated he didn't tllink the lot split ordinance \,"ould change, but only the descriptions of the metes Dnd bounds because that is where problems have arisen. P 1 DJHl i n~LS (> mill'.0~ Jay Blake passed out some information on a planning education seminar. / . \ V , , u \ I Andover Planning and Zoning Commission October 25, 1988 Heeting ~linutes Page Eleven APPROVAL OF HINUTES A motion was made Commissioner Jacobson 1988 Special Heeting, ?'Joti on carr i ed. by Commissioner Pease, seconded by to approve the minutes of the October 4, All voted yes, with ~r. Vistad - present. The minutes from the October 11, 1988 had the following corrections: Jay Blake stated that on page 7, the minutes should read that this item will go to city council on October 18th. ~s. Bosell stated that on page 2, paragraph 8, it refers to 1981, and it should read 1980. ~JI'. Jacobson stated that on page 1, that the minutes were approved for October 11, 1988, and snould read September 27th. ?-Is. Bo,.;e11 stat.ed that on pnge 2, paragraph 8, should be changed to read on the west, (not in the west). On page 3, paragraph 4, it should read," Todd Haas requested that the Planning Commission table this item." A motion was made by Commissioner Jacobson, seconded by Commissioner Vistad, to approve the minutes from the October 11, 1988 meeting. All voted yes, Chairman Perry - present. ~otion carried. ~<r.~\....; B!lS~Lnps~ Comr:lissioncr Bernard had a concern regarding the beeUe attacking the red pine trees in the City and wondered if there's something the City could do with this problem. Commissioner Perry suggested that the City could publicize this issue to the residents. An article could be put in the newsletter also. It was suggested that Jay take n look at the existing ordinance and see if any additional verbage could be added to address this situation. l\ext, Re<;u1nr Heeting Ihis meeting is scheduled for ~ovember 8, at 8:01 p.m. / \..) u \ I Andover Planning and Zoning Commission October 25, 1988 ~eeting ~inutes Page r-\\7elve AD,JQURNHENT A motion was made by Commissioner Bernard, seconded by Commissioner Vistad to adjourn the October 25, 1988 meeting. .\11 voted yes, 'lotion carried unanimously. Respectfully submitted, (~/t J lA~~~& /JtLt4..kC:26_>- U.-iIl..,ilY AU'!!' Issen ;' / f ! J (Plan,14) I