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HomeMy WebLinkAboutOctober 28, 1986 t~ ') '-/ /~ i..,J 7:30 P.M. lJ CJ CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING-AGENDA OCTOBER 28, 1986 1. Call to order 2. Approval of Minutes 3. Elmer Dargis Lot Split, Cont. 4. Hills of Bunker Lake Preliminary Plat, cont. 5. Wm. Batson Sketch Plan, Cont. 6. Donna Green Lot Split 7. Nedegaard Construction Special Use Permit Public Hearing 8. Ordinance 8, Section 6.02 & 4.14 Amendment Public Hearing 9. Moratorium Ordinance Public Hearing 10. Transient Merchant Ordinance, Cont. 11. Ordinance 8, Section 6.02, Cont. 12. Commercial Pole Buildings, Cont. 13. Adjournment l~ - '\ LJ C) CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING-AGENDA OCTOBER 28, 1986 The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Acting Chairman d'Arcy Bosell at 7;30 P.M., Tuesday, October 28, 1986 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, MN. Commissioners Present: Commissioners Absent: Also Present: Jovanovich, Vistad, Apel Jacobson, Rogers, Pirkl Assistant City Engineer, Todd Haas; Elmer Dargis; Jerry Green; Ron Smith, Tony Emmerich; Therese Peterson; William Batson; Bruce Nedegaard; others Approval of Minutes - October 14, 1986 MOTION by Vistad, seconded by Apel to approve the minutes of October 14, 1986 as written. Motion carried on a 3 yes, 1 present (Jovanovich) vote. Elmer Darqis Lot Split, Cont. ~) Acting Chairman Bosell explained that Mr. Dargis was only to provide a corrected drawing for this meeting as the lot split basically was approved at the last meeting. The front footages on the two parcels will be 201.23 feet and 165 feet. The old chicken coops are not sho~n on Parcel A as they are not substantial buildings. She then noted that Mr. Dargis cannot continue his cesspool business on the parcel. This will go to the City Council on November 6, 1986. Hills of Bunker Lake preliminary Plat, Cont. Jerry Green - noted that TKDA has recommended that they enlarge the pond. They have also changed the streets as agreed to at the last meeting. The County Highway Department has said they can have one driveway onto Hanson Boulevard for each commercial lot, and two access points on the southern commercial lot. He also noted that the Coon Creek Watershed Board wants a 100 foot easement along the creek. He explained that as part of their park dedication they will be doing some grading and seeding and also will be donating cash in addition to land. Charlie Viemann- asked who will own the park property and if it is low. Mr. Green stated that the City will own the parks and that the property is high in the back and then it slopes down to the creek. \ \....j Stuart Kinkade, Chairman of the Park Board Park Board meeting, it was decided that the $11,500. - explained that at the last developers would donate Todd Haas stated that some of the section lines are missing from the drawing and they need to be indicated. Restrictive covenants need to be , ) , ~J Regular Planning Commission Meeting October 28, 1986 - Minutes Page 2 (Hills of Bunker Lake, Cont.) I j provided to City Hall also. Vale Street has been changed to 139th. The drainage easements need to be identified as well as the park accesses. The 100 year pond elevation needs to be on the plat. The plat also needs to show how many lots there are per acre. The proposed zoning also needs to be provided. Mr. Haas also noted that the typical street section is not correct. It should be the same as in Hidden Creek East. He also noted that there are butt lots on this plat and the ordinance says that they should be avoided wherever possible. It was the opinion of the City Engineer, Jim Schrantz, that a road to the Cochran property on the north be con- structed. Mr. Green didn't think that a road to the north was necessary. Ms. Bosell stated that the Planning Commission is charged with making sure that the adjacent property in not inaccessible. Mr. Haas stated that TKDA feels that 140th Avenue needs to be constructed to the east because that property is developable. Mr. Green stated that an easement through there was discussed, but not the construction of a road. Mr. Haas stated that a variance will be required for the distance between Wintergreen and Vale Street. The typical needs to show the easement as 10 / feet, not 5 feet. Also, Tamarack Street will require a variance as it exceeds the 1320 foot length. He also noted that there are a few lots that don't have dimensions on them. Lots 8 and 9, Block 7 are within the floodway and cannot be filled unless a permit is obtained from the DNR. Ms. Bosell didn't know if the City would take a 30 foot easement to the east rather than a 60 foot easement. She asked the Commissioners how they felt regarding the butt lots. Commissioner Apel stated that if it's bad planning, then we should stick to our guns and have them changed. Commissioner Vistad didn't feel it was bad planning in this particular plat. Commissioner Jovanovich agreed with Commissioner Apel. It was also the concensus of the Commission that regarding the road to the north, an easement should be dedicated rather than having them construct a road. Commissioner Apel stated that he is against the extension of 140th Avenue to the East. Ms. Bosell again asked the Commissioners about the butt lots in the plat. Commissioner Apel stated that he would like to look at other plats in other areas before he could make a decision. These butt lots were on previous plats submitted by these developers and he doesn't know why they would be a problem now. \ \. .J ~ '--~ Regular Planning Commission Meeting October 28, 1986- Minutes , Page 3 . ) (Hills of Bunker Lake, Cont.) Commissioner Vistad felt that because this will probably be a higher priced neighborhood the butt lots would be acceptable. Commissioner Jovanovich stated that she would like the Council look at it and make a decision. MOTION by Vistad, seconded by Jovanovich to close the public hearing. Motion carried unanimously. MOTION by Apel, seconded by Vistad that the Andover Planning and Zoning Commission recommend to the City Council approval of the preliminary plat of The Hills of Bunker Lake, described as 'the west 3/4 of the southwest 1/4 of Section 26 except that part lying north of Coon Creek. The north half of Section 35 lying north of County Road No. 116 except that part of the southwest quarter of the northwest quarter lying west of the east 778.00 feet and south of the north 600.00 feet all in Township 32, Range 24, Anoka County, Minnesota' being developed by Hills, Inc. for the following reasons: 1) The palt is in conformance with the Comprehensive Plan; 2) The palt has been reviewed by the City Engineer and Staff. Comments were made and are of public record; 3) The plat has been reviewed by the Anoka County Highway Department. They are satisfied with the street alignments coming onto the major throughfares; 4) The Coon Creek Watershed District has reviewed the plat and have requested a 100 foot easement along the creek; '1 5) The Park Board has met and discussed the plat; however, they have not / made a motion. The plat as shown meets with their general approval; 6) The plat meets the city ordinances with the following variances to be granted: a) The interval between Wintergreen and Vale is less than the required 600 feet, pursuant to Ordinance 10, Section 9.02(c); b) Block length of Tamarack and 140th Lane exceed the 1320 foot requirement, pursuant to Ordinance 10, Section 9.05(a); c) There was considerable discussion on the use of butt lots in the plat. It is our recommendation that a variance should be granted from Ordinance 10, Section 9.01 (a) to allow for butt lots. However, it is the concensus that this particular variance be looked at very carefully by the Council. Approval of the plat is contingent upon a number of housekeeping items, such as the typical street standard be shown properly and the typical lot show the 20 foot utility easements and the 100 foot easement be shown along Coon Creek; the fee owner concsent for the Vosika property needs to be received; the quarter lines need to be shown; restrictive covenants need to be filed at City Hall; the 60 foot easement required by the county should be shown along Bunker Lake Boulevard; the construction of the road to the Cochran property should be carefully looked at by the Council (it was the concensus of the Commission that this is not necessary); Lots 8 and 9, Block 7 are in the floodway and if there is any soil correction to be done, a DNR permit is required; Todd Haas will discuss the Cochran access and l40th with TKDA; the proposed zoning needs to be shown on the plat; pond calcula- tions for Out lots A and B need to be shown. , J Approval is also contingent upon the rezoning for this property being approved by the Council. It should also be noted that a public hearing was held. ~ , } , ) Regular Planning Commission Meeting October 28, 1986 - Minutes , Page 4 I / (Hills of Bunker Lake, Cont.) Motion carried unanimously. This will go to the City Council on November 6, 1986. Recess 8:55 - Reconvene 9:04 P.M. Wm. Batson Sketch Plan, Cont. William Batson, 1331 - 45th Avenue N.E., Mpls. - stated that he has three lots on Bunker Lake Boulevard and wants to move the lot lines so that they are three legal size lots. Acting Chairman Bosell stated that because this is commercial property it needs to be a plat and cannot be a lot split. The Commission agreed that what was shown on the sketch plan is satisfactory and Mr. Batson should come back with a preliminary plat. Donna Green Lot Split Therese Peterson, 12555 Grouse Street, Coon Rapids, representing Mrs. Green - stated that Mrs. Green wants to split her property so that she has a 3.2 acre parcel left with the house on it. All of the buildings, the tennis 1 court and the swimming pool would be on the 3.2 acre parcel. / Ms. Bosell explained that Mrs. Green owns several lots adjacent to this parcel and they will be conbined so that she only ends up with two parcels of land. MOTION by Vistad, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council approval of a lot split requested by Donna Green for the property located at 2733 Bunker Lake Boulevard N.W., for the following reasons: 1) The proposed use will not be detrimental to the health, safety or general welfare of the community; 2) it will not cause serious traffic congestion; 3) it will not seriously depreciate surrounding property values; 4) the lot split is in harmony with the general purpose and intent of the zoning ordinance and the Comprehensive Plan. It should be noted that the lot remnants are to be attached to PIN 33 32 24 13 0038. A park dedication fee is required. Motion carried unanimously. This will go to the City Council on November 18, 1986. Nedegaard Construction Special Use (Mining) Permit Public Hearing \ Bruce Nedegaard, 1101 Pierce Terrace, Columbia Heights - stated that he , / has purchased Oak Bluff from Chuck Cook and in developing it, they find that there is excess fill on the property. They are requesting a Special Use Permit to remove approximately 7,000 cubic yards of dirt from the property. , ) ~ '--) Regular Planning Commission Meeting October 28, 1986- Minutes Page 5 . / (Nedegaard SUP, Cont.) Acting Chairman Bosell stated that the finish grade plan for Oak Bluff is sufficient for the grading plan for this request. She asked what route the trucks will be using to haul the dirt. Mr. Nedegaard stated they will possibly go out to Hanson Boulevard to North- dale Boulevard. Todd Haas suggested that they use Bluebird Street, which is not blacktopped. That way no escrow will be needed. Ms. Bosell asked if a surety bond has been provided. Mr. Nedegaard stated that it is in the process. At this time Acting Chairman Bosell opened the public hearing. Richard Schneider, 1343 Andover Boulevard N.W. - objected to any more dirt being hauled out of Oak Bluff. He noted that there are a lot of low spots and if the dirt is hauled out, there won't be any fill for those low spots. The green space contains about 15 acres of low land. Mr. Nedeqaard - stated that he will have more than enough fill left on the site to fill in the low areas. Lot 3 on the north side could be cut down 4-5 feet. / Mr. Schneider noted that they dug out about 4 feet from the pond and now there is water in there. Todd Haas - stated that the green space could be developed for city sewer and water so you don't need the depth. Jana Balvin, 1419 - l46th Lane N.W. - asked if they are going to be using Bluebird Street to haul the dirt out. Ms. Bosell stated that they will be. She also noted that need to provide a bond to pay for any damage they may do to the street. Ms. Balvin - asked if the street is going to be repaired now as it is in bad shape. Mr. Haas noted that the Public Works Department is going to do that. Ms. Balvin didn't feel that Mr. Nedegaard should be given a permit to haul the dirt out. She asked how long he will be hauling. Mr. Nedegaard stated that he would be finished about November 15th. MOTION by Vistad, seconded by Jovanovich to close the public hearing. Motion carried. MOTION by Vistad, seconded by Jovanovich that the Andover Planning and , Zoning Commission recommend to the City Council approval of a Special Use Permit requested by Nedegaard Construction to mine in excess of 400 cubic yards of dirt from the property known as Oak Bluff for the following reasons: . ) ~- . \ ~J Regular Planning Commission Meeting October 28, 1986 - Minutes Page 6 (Nedegaard SUP, Cont.) :) 1) the proposed use will not be detrimental to the health, safety or general welfare of the community; 2) it will not cause serious traffic congestion or hazards; 3) it will not seriously depreciate surrounding property values. A public hearing was held and there was public opposition. Opposition was in particular regard to the fill being limited on Outlot B and the park land. Also, the additional traffic on Bluebird Street was a concern. The route to be used for hauling will be Bluebird Street to Andover Boulevard to Hanson Boulevard or straight out to Hanson Boulevard. A surety bond will be posted. The grading plan will be as previously approved for Oak Bluff. The permit will be limited to a maximum of 7000 cubic yards. The hauling will be completed by November 15th. Signs indicating trucks hauling will be posted wherever necessary. There was concern regarding the amount of fill being removed in light of the fact that Outlot B will need to be filled and the developer has assured us that there is ample fill on the site to provide that fill. Motion carried unanimously. This will go to the council on November 6, 1986. Ordinance 8, Section 6.02 and 4.14 Public Hearinq Acting Chairman Bosell opened the public hearing. , \ ~ ~ MOTION by Apel, seconded by Jovanovich to close the public hearing. Motion carried. MOTION by Apel, seconded by Vistad that the Andover Planning and Zoning Commission recommend to the City Council adoption of an amendment to Ordinance 8, Section 6.02 regarding the interior lot lines in the Limited Business, Neighborhood Business, Shopping Center, General Business, Limited Industrial and General Industrial districts with an asterisk to refer to Section 4.14 of Ordinance 8. Also, that the rear yard setback be 40 feet in the Limited Business, Limited Industrial and General Industrial districts with an asterisk to refer to Section 4.14. Motion carried unanimously. This will go to the City Council on November 18, 1986. Moratorium Ordinance Public Hearinq Ms. Bosell explained that the intent of the Council is that we are to consider a moratorium on the expanded MUSA search area. Under this ordinance, no rezonings, lot splits, platting, etc. would be allowed for a certain period of time. The Commission felt that the ordinance would be acceptable. \ ) MOTION by Apel, seconded by Vistad to close the public hearing. Motion carried. MOTION by Apel, seconded by Jovanovich that the Andover Planning and Zoning , \ ) ~ ) Regular Planing Commission Meeting October 28, 1986 - Minutes I Page 7 , (Moratorium Ordinance, Cant.) recommend to the City Council adoption of a moratorium ordinance to be prepared by staff, using Ordinance 48 as a model and paying particular attention to Sections 3 and 4 in that the dates should be very carefully looked at. Motion carried unanimously. This will go to the City Council on November 18, 1986. Transient Merchant Ordinance, Cant. Discussion centered on the draft ordinance that was provided by Chairman Jacobson. Several of the Commissioners felt that this ordinance would require realtors to obtain a permit from the city in order to do business in Andover. Commissioner Vistad, who was opposed to the language, will draft another ordinance for the next regular meeting. This item will be continued to the next regular meeting. Ordinance 8, Section 6.02, Cant. , I I Discussion was on larger houses because the market is better at this time and people are more willing to build larger homes. Commissioner vistad stated that he would go along with an 85 foot lot with the 10' and 10' side yard setbacks. Ms. Bosell suggested that we ask the building official to prepare a report on the number of lots that have been platted at 80 feet. It was also suggested that we find out what the other communities in the area require. This will be continued to the next meeting. Commercial Pole Buildinqs, Cant. This will be continued to the next meeting. It was decided that because November 11th, the next regular meeting date, is a legal holiday the next regular meeting will be on Wednesday, November 12th. The Acting Chairman declared the meeting adjourned. Meeting adjourned at 11:55 P.M. \ I Respectfully submitted, k~ Vicki Volk - Commission Secretary