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HomeMy WebLinkAboutSeptember 22, 1987 f '\ o /' -', '---) ,,-, '-~ 7:30 P.M. ,...." o u CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING-AGENDA SEPTEMBER 22, 1987 1. Call to Order 2. Approval of Minutes 3. Gorham/Holasek Rezoning Public Hearing 4. Winslow Hills Preliminary Plat Public Hearing 5. H & S Asphalt Mining Permit Public Hearing 6. Jay Clemens Special Use Permit, cont. 7. Brandon Construction Sketch Plan 8. Revocation of Special Use Permit/Tonson, Cont. 9. Ordinance 8 Amendment Public Hearing 10. 11. Adjournment o o o CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING-MINUTES SEPTEMBER 22, 1987 The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Marje Perry at 7:30 P.M., Tuesday, September 22, 1987 at the Andover City Hall, 1685 Crosstown Boulevard N.W. Andover, MN. Commissioners Present: Commissioners Absent: Also Present: Bosell, Jovanovich, Bernard, Vistad Jacobson, Pease Assistant City Engineer, Todd Haas; City Planner, Daryl Morey; others Approval of Minutes September 8, 1987 Page 5 regarding Tonson, guaranty should be 'Guarantee'. MOTION by Vistad, seconded by Bernard to approve the minutes of September 8, 1987 as corrected. Motion carried. Gorham/Holasek Rezoning Public Hearing / " ~~ Chairman Perry opened the public hearing. Gary Gorham - noted that they are asking for a rezoning of property north of Oak Bluff and East of Hanson Boulevard. will consist of 81 single family homes on 35.5 acres. The in the Metropolitan Urban Service Area which will allow it by city sewer and water. The homes will be $170,000 plus, lot. The rezoning request is to rezone from R-l to R-4 a section of Their plat property is to be served including the MOTION by Vistad, seconded by Bernard to close the public hearing. Commissioner Bosell noted that this request is complementary to the recommendation of the City Council when they were dealing with the staging of the Urban Service Boundary. '\ '-../ MOTION by Bosell, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council approval of the rezoning request of Gorham Builders and Winslow Holasek to rezone the property described as 'That part of the Southwest Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at the southwest corner of said Southwest Quarter; thence North 1 degree 43 minutes 45 seconds West, assumed bearing, along the west line of said Southwest Quarter a distance of 777.78 feet; thence South 89 degrees 27 minutes 32 seconds East 305.02 feet; thence North 0 degrees 32 minutes 28 seconds East 140.0 feet; thence South 89 degrees 27 minutes 32 seconds East 320.0 feet; thence North 0 degrees 32 minutes 28 seconds East 290.00 feet; thence South 89 degrees 27 minutes 32 seconds East 337.24 feet; thence North 28 degrees 00 minutes West 66.13 feet; thence North 62 degrees 00 minutes 00 seconds East 200.00 feet; thence South 28 , / / , ~ / u u Regular Planning Commission Meeting September 22, 1987 - Minutes Page 2 (Holasek/Gorham Rezoning, Cont.) degrees 00 minutes 00 seconds East 50.00 feet; thence North 62 degrees 00 minutes 00 seconds East 140.00 feet; thence South 28 degrees 00 minutes 00 seconds East 325.00 feet; thence South 00 degrees 32 minutes 28 seconds West 630.00 feet; thence South 10 degrees 00 minutes East 100.00 feet; thence South 89 degrees 27 minutes 33 seconds East 20.00 feet; thence South 0 degrees 32 minutes 28 seconds West 370.00 feet to the South line of said Southwest Quarter; thence North 89 degrees 27 minutes 32 seconds West along said line 1416.00 feet to the point of beginning. Except the West 25.00 feet thereof' from R-l single family rural residential to R-4 single family urban residential for the following reasons pursuant to Ordinance 8, Section 5.02: 1) The rezoning will not be detrimental to the health, safety or general welfare of the occupants of the surrounding area; 2) The rezoning will not have an adverse effect on the scenic and/or property values of the surrounding properties; 3) The rezoning will not have an adverse effect on the traffic affecting this property; 4) The rezoning is not in conflict with the spirit and intent of the Ordinances of the City of Andover nor in conflict with the Comprehensive Plan as amended by City Council Resolution R024-87, sanitary sewer staging plan to the year 2000. It should be noted that a public hearing was held and there were no comments offered. Motion carried unanimously. This will go to the City Council on October 20, 1987. Winslow Hills Preliminary Plat Public Hearing Chairman Perry opened the public hearing. Gary Gorham - stated that in going through the Andover Review Committee memo he noted that under 8.02, all of the items shown there will be dealt with. Commissioner Bosell noted that under 8.03 (g), the 40 foot setback along a major arterial would only apply to Hanson Boulevard and not Crosstown. Also, the 10 foot setback will apply only if the garage is more than 20 feet wide and then it can encroach on the 10 feet setback. She asked if the plat had gone to the Coon Creek Watershed Board. Mr. Gorham stated that it had not gone there yet; they were waiting for this public hearing before sending it. Todd Haas stated that they are unsure as to where the easement for the power line is located; a letter will need to be obtained from the power company. Mr. Gorham noted that they are in agreement that 150th Lane could be one of the major streets through the plat. As far as changing three lots into two, they agree with that but the rearrangement of lots 1 through 6 they have some hesitation about. Mr. Gorham stated that their number one concern is to develop a first class single family neighborhood. Lots 1, 2 and 3 will be the least desirable lots in the development. He u u Regular Planning Commission Meeting September 22, 1987 - Minutes Page 3 " (vlinslow Hills, Cont.) ./ felt that perhaps an 80 foot wide entrance into 150th Lane with a 20 foot median would help route the traffic where it is supposed to go. Commissioner Vistad felt that the cul-de-sac on Crane Street could be connected to 149th Lane. Mr. Haas noted that the Council agreed to leave that cul-de-sac. Mr. Gorham stated that they thought that leaving the cul-de-sac which is known as Crane Street, it would help to deliver the message to the people traveling that this is not a way to go through to get to the commercial development proposed for the plat. MOTION by Vistad, seconded by Jovanovich to close the public hearing. Motion carried. Mr. vistad stated that the side yard and rear yard setbacks need to be indicated on the lots; 149th off of Eagle and Flamingo needs to be shown; the soil borings need to be shown; a typical street cross-section needs to be shown. He also noted that he was very concerned with the butt lots on 150th (Lot 7, Block 5 has three lots butting it). He was also un- comfortable with the statement that lot sizes are subject to final survey. " , ) Chairman Perry noted that the only other issue that needs to be addressed is the fire department concern with 149th (connecting the two cul-de-sacs). The buffer of the three lots is a legitimate idea, separating the resi- dential from the commercial area. She asked Mr. Haas what the projections are for the traffic volumes. Mr. Haas figured there would be 750 vehicles per day. That is for the entire piece of property when it's completely developed. He. also noted that some of the lots on Bluebird will use the Oak Bluff streets to get to Hanson Boulevard. Mr. Gorham stated that if you levae an 80' wide street Crane Street, you will have about 30 lots where people they will have to go down to one of the other streets. that there will be cuts in the median. The commercial to use Hanson Boulevard. with a median up to will corne in and Mr. Haas noted property will have Mr. Gorham stated that they would rather sacrifice the three lots than have the ones south of 150th be the buffer between the commercial area. Mr. Vistad felt that 150th Lane is going to be a very busy street without having another way for the people to get out. Mr. Gorham explained that there will be another entrance to the commercial area off of Crosstown Boulevard. \ ". .J Commissioners Bernard and Jovanovich agreed that the three lots should be left as a buffer between the commercial area and the residential area. Mr. Vistad again stated that he would like to see the cul-de-sacs connected to 149th or connect Eagle, Crane and Drake. U Regular Planning Commission Meeting September 22, 1987 = Minutes Page 4 (Winslow Hills, Cont.) \ ~ , Discussion was on connecting Crane and Bluebird as Crane is so long, people will not expect it to end where it does. The developers were asked to corne back to the next meeting with the corrections made on the plat. H & S Asphalt Mininq Permit Public hearing Chairman Perry opened the public hearing. Ms. Perry explained that the Planning Commission has been asked to review the mining permit request and the Andover Review Committee has noted that this is after the fact as dirt has been removed from the site. Art Rautio - stated that he doesn't have any concern that they will be mining in the wetland. The soil borings show 9 feet of peat in the north- east corner of the plat. Their soils engineer said that they should try to find out what is in the northwest corner. They have started cleaning the peat out and bringing sand in to replace it. He noted that if they have to take 9 feet of peat out, it's not feasible to plat the property. Mr. Haas noted that there is a question about the property along Red oaks as it might be under the jurisdiction of the Corps of Engineers. Mr. Rautio stated that no work is being done in their now. / Lyle Dunn, 2261 - 139th Avenue N.W. - felt that where the 9 feet of peat is located is actually a dried up lake bed. He also felt that they will find that the peat is very deep to the south. His concern is that they will create an area where the land will start sinking. Mr. Haas explained that on July 7th, this developer carne to the City Council with a mining permit application. They wanted to haul out 4000 cubic yards of dirt for a city project; none of that dirt was used for the city project and the permit was revoked. During that time, some top soil and brown sand were removed from the site. He exceeded our ordinance. The city was not aware that the work was being done until we were contacted by property owners. We have contacted the DNR and they have been working with the Corps of Engineers to determine whose jurisdiction the area is under. Staff is requesting that mining be done only in Block 2. Ms. Bosell stated that in the Andover Review Committee memo they talk about top soil and peat notbeing taken off the site but fill material can be removed. She asked if there will still be enough fill material left for Block 1. Mr. Haas stated that Mr. Rautio's soils engineer will tell us how much fill material he will need and how much he can remove. , , ) Mr. Rautio stated that if they could move some of this dirt without ruining the land, they could see how much fill they will need. Mr. Haas recommended that no work be done in the questionable area. u u Regular Planning Commission Meeting September 22, 1987 - Minutes Page 5 (H&S Asphalt Mining Permit, Cont.) , ~ Merlin King, 2221 - 139th Avenue N.W. - asked if the area along Red Oaks will be dug out. Mr. Rautio stated that will depend on what's in there. Robert Coyne, 2311 - 139th Avenue N.W. - stated that 150 yards of land has been scrapped off up until the time the digging stopped. He also noted that in front of his driveway the street tilts. Between his house and the house at 2321 - 139th Avenue they had 8 to 10 inches of water. Elmer Herr, 2361 - 139th Avenue N.W. - noted that they were told by the city that there were 42 acres in there that would be left for ponding. He felt that if Menkveld's property is filled, his property would be flooded. Susan Witt, 2301 - 139th Avenue N.W.- asked if the peat has to be removed if the DNR approves this request. Mr. Haas noted that city staff can request more soil borings; the peat has to be taken out from under the structures. Ms. Witt asked if will be removed. of Engineers tell the peat that was pushed Mr. Haas stated that the us what they want to do. up against their properties city is going to let the Corps / Commissioner Bosell explained the platting process to the audience and the fact that none of the water from Menkveld's plat can go onto anyone else's property. Robert Hejlik, 13754 Quinn Street asked what he is going to do with the dirt. Mr. Haas stated that he will either sell it or use it for another develop- ment. Jim Meritt, 13808 Quinn - asked if the part that has been stripped off is going to stay as it is. Mr. Haas explained that they need to go back to the site and provide some top soil and mulching to prevent erosion. Ms. Bosell suggested continuing this item for two weeks. John Stine from the DNR said they are going to go out and shoot the elevations and stake the property that is their protected wetland. Commissioner Vistad asked if the Commission needs to see the before and after grades. Ken Gust - stated that he was asked to look at this to see if there was excess material. The plan that was submitted has the existing contours on it and also the final contours. There is no intent to make a permanent removal of the fill by Red Oaks. \ ~ ) Clark Cox asked where the water in the area will go. Mr. Gust explained that a swale will be constructed and it will go out through the city's storm sewer system. ~ \ \J Regular Planning Commission Meeting September 22, 1987 - Minutes Page 6 (H&S Asphalt Mining Permit, Cont.) u J Chairman Perry asked the Commissioners if they have enough information to act on either the mining permit or the excavation permit. Ms. Bosell didn't think that the drawing submitted for the mining permit is sufficient. there should be another map that shows the excavation that will occur and the finished elevations. The response from the DNR and the Corps of Engineers also needs to be furnished. She also noted that H & S wants to mine from 7:00 a.m. to 7:00 p.m. and the city is recommend- ing they mine from 9:00 a.m. to 3:00 p.m. Also, the legal description needs to be corrected. Ms. Perry noted that she would like to see what type of safety precautions will be used. Mary Jo Davich, representinq the Coon Creek Landowner's Association - asked if legally the water can drain into Coon Creek. Mr. Haas noted that the necessary permits from the Coon Creek Watershed Board have been obtained for that purpose. This will be continued to the October 13th meeting. Brandon Construction Sketch Plan, Cant. \ / Mr. Haas explained that this property is zoned R-4. There were some concerns about developing this into condominiums. This property is in a flood hazard area. The Andover Review Committee looked at the possibility of a service road along Round Lake Boulevard. The council would like to see some sort of cul-de-sac so they would not have to pay double assess- ments for the street. A service road in this area is not required. He noted that the plat meets most of the ordinance requirements except the distance between two intersections, but there is no alternative. Commissioner Bosell asked if the lots meet the square footage requirements. Mr. Haas noted that they do. They had eight lots and he cut it down to seven. The developers don't have a problem with that. It was recommended that the developers proceed with their preliminary plat. Revocation of Special Use Permit/Tonson, Cant. Chairman Perry stated that she spoke to the City Attorney regarding the question about there being a conflict of interest because Ms. Bosell is on the Planning Commission and her husband's business hauls tires to Tonson. Mr. Hawkins said that there was no conflict of interest. \ ) Ms. Bosell noted that she talked to Mr. LaPanta and he is not able to be at this meeting. He has invited the Planning Commission to make a visual inspection of the property. She noted that she has made visual inspections. The first time she was there nothing has occurred; the second time, there was considerable work done. u u Regular Planning Commission Meeting September 22, 1987 - Minutes '\ Page 7 ,/ (Revocation of SUP/Tonson, Cont.) Commissioner Vistad asked how we know that these tires are not just being moved from one area to another. Ms. Bosell stated that we really don't know. The only thing we have is that Mr. LaPanta won't get any money until tires are gone from the site. If by October 12th, Sites 1, 2 and the wetland are not cleaned up, the site will be closed down completely. The State will then corne in and clean it up and no more tires will be allowed to corne in. Mr. Vistad asked if there are aerial photos that have been taken so we can see if tires are being removed or if they are just being moved from one site to another. Chairman Perry reopened the public hearing. Cecil Heidelberger - stated that the big tires that Mr. LaPanta said are going to Babbitt are not going there. He is supposed to have a record of where the tires leaving the site go and he has not done that. For two years he didn't do anything on the back 10 acres. Mr. Vistad asked what they do with the metal rims. Mr. Heidelberger explained that they are crushed and sold for scrap iron. ) / Allen Field - stated that the tires that were on Sites 1, 2 and the wetland are out in front. Mr. Lapanta also bought a rim crusher but that is not operating. Mr. Field also noted that he is not shredding the tires that he is supposed to be shredding; the tires being shredded are from Wisconsin. MOTION by Bernard, seconded by Vistad to close the public hearing. Motion carried. Ms. Bosell explained that allowed to be put there. to Mr. Heidelberger. once the sites are cleaned up, no more tires are The title to that property then reverts back MOTION by Vistad, seconded by Jovanovich that the Andover Planning and zoning Commission recommend to the City Council revocation of the Special Use Permit granted to Milton LaPanta, dba Tonson, for the operation of a tire recycling facility for non-compliance for the removal of the tires from the sites in the orderly fashion which he had agreed to and entered into with the PCA. Motion carried unanimously. This will go to the City Council on October 20,1987. Ordinance 8 Amendment Public Hearinq Chairman Perry opened the public hearing. , ,~) Daryl Morey, City Planner - stated that we had proceeded previously under the assumption that we were going to have the area under one single zoning category. At the September 8th meeting, it was agreed that there should -' \ '-.J (.J Regular Planning Commission Meeting september 22, 1987 - Minutes Page 8 (Ord. 8 Amendment, Cont.) \. i be two zoning classifications in the TIF district. Therefore, the Commercial Park District zone had to be changed. Some of the definitions that are being added are reflecting the fact that we are proposing to add some uses to the General Business district. We need to have definitions to clarify that. Mr. Vistad stated that under recreational vehicles he wants to make sure that someone doesn't say that their mobile home is a recreational vehicle. Ms. Bosell services. that use. noted that we don't have a definition for retail trades or Mr. Morey stated that the definition for retail shopping covers M.R. Olson - Under mini-storage he suggested adding a clause to protect the public, such as the landlord/tenant agreement. A lot of cities have done this to protect the people in their city. He also felt that by taking motor freight terminals out of the ordinance is like kicking him out of the city. Since the last meeting, Mr. Olson checked into having trucking next to residential areas. This goes on in Coon Rapids, Burns- ville and other cities. He stated that he is not talking about major carriers as they will never come out here. He felt that the city is trying to restrict him and not allow him to operate a business that was a permitted use. The demand for industrial land in this area is very low. Motor freight terminal is the best use for that area. He urged the Plannign Commission to put motor freight terminals back in the ordinance. "\ I '. j Ms. Bosell explained that the intent of this ordinance amendment is for the Sonterre property. Lou's Tire Town will be General Business and the properties in between that and the Sonterre property will be industrial. Bob Pears, Bob's Auto Parts - concerned that he has to go out of business. Ms. Perry explained the process to him. Commissioner Jovanovich asked where we would put hospitals. Mr. Morey that they would come under one of our other zoning districts. Discussion continued on the motor freight terminal and if it should or should not be in the ordinance. Ms. Bosell suggested that we find out why other cities have motor freight terminal as a Special Use. MOTION by Bosell, seconded by Bernard that the Andover Planning and Zoning Commission recommend to the City Council adoption of an amendment to Ordinance 8 as presented by the City Planner, specifically dealing with the General Business District, definitions that go along with that and revisions in Sections 7.01 and 7.03 and adding Section 7.04 which includes Uses Excluded. A public hearing was held; much comment has been received. \. '. ) Motion carried unanimously. 6, 1987. This will go to the City Council on October r "\ U f "\ ~J Regular Planning Commission Meeting September 22, 1987- Minutes Page 9 "\ ) Commissioner Bosell recommended that the proposed revamping of the General Industrial and Limited Industrial districts as presented by the Planner be further reviewed, specifically as to why motor freight terminal has been excluded in other cities from like districts. A public hearing on the LI and GI districts will be held on October 13th. Chairman Perry noted that at the last meeting she mentioned that there was a request for a pottery shop in an accessory building in Woodland Meadows. The neighbors were asked if they wanted this to occur. Three of them were concerned with what would happen in the future. Mark Slick, the person who made the request - stated that those three neighbors were concerned that if he sold the property in the future if it could be used for another business. They were also concerned about signs and the amount of traffic the business would generate. Ms. Perry stated that the Planning Commission is being asked to consider whether or not we would want to recommend that some home occupations be allowed in accessory buildings. Mr. Vistad stated that he is concerned about the restrictive covenants on the property. '. , ./ Ms. Bosell explained that the city has no jurisdiction over the covenants. That is a civil matter between the developer and the property owner. She noted that she checked with other cities and there is only one that allows home occupations in an accessory building (Maple Grove). The Commission was not very receptive to the idea of changing the ordinance for one particular use. It was suggested that perhaps a variance would be the vehicle to use. It was noted that the City Council recommended a Special Use Permit. The Chairman declared the meeting adjourned. Meeting adjourned at 1:21 A.M. Respectfully submitted, [:J~' IC&- Vicki Volk Commission Secretary " .'