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HomeMy WebLinkAboutOctober 14, 1986 u u , ) '--/ CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING- AGENDA OCTOBER 14, 1986 1. Call to Order - 7:30 P.M. 2. Approval of Minutes 3. Local Oil Company Rezoning Public Hearing 4. Local Oil Company Special Use Permit, Cont. 5. Good Value Homes Variance 6. Elmer Dargis Lot Split 7. Hills of Bunker Lake Rezoning Public Hearing 8. Hills of Bunker Lake Preliminary Plat Public Hearing 9. Hills of Bunker Lake Variance 10. Wm. Batson Sketch Plan ') 11. Ordinacne 8, Section 6.02, Cont. \...../ 12. Transient Merchant Ordinance,Cont. 13. Commercial Pole Buildings, Cont. 14. Adjournment ~-) c~ c~ .~ '-.../ CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING-MINUTES OCTOBER 14, 1986 The was 14, MN. regularly scheduled Andover Planning and Zoning Commission meeting called to order by Chairman Jacobson at 7:30 P.M., Tuesday, October 1986 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Commissioners Present: Commissioners Absent: Also Present: Bosell, Pirkl, Vistad, Apel Rogers, Jovanovich Todd Haas, Assistant City Engineer; Dan Richmond; John Peterson; Jerry Green; Elmer Dargis; others Local Oil Company Rezoning Public Hearing Dan Ri~hmond, Ackerson Building Corporation - stated that Local Oil is asking for a rezoning from R-4 to Neighborhood Business on the property located on the northwest corner of Round Lake Boulevard and Bunker Lake Boulevard so that they can accommodate a SuperAmerica store on that site. Commissioner Bosell explained that this request was actually initiated by City staff. 8 At this time, Chairman Jacobson opened the public hearing. Pat Chapman, 13747 Underclift Street N.W. - asked if there would be any exits onto Underclift Street. Mr. Jacobson stated that the city 1S suggesting that they have one exit onto Underclift. Mr. Chapman asked if the median proposed for Bunker Lake Boulevard will be so long that you will not be able to go east onto Bunker from Under- clift Street. Mr. Jacobson stated that is correct. He also noted that there will be a median going north on Round Lake Boulevard. Mr. Richmond stated that when they went to the county, they didn't know how long the median was going to be. If it's as long as the one on Round Lake Boulevard, it will go past Underclift. Dave Danson, 13748 Round Lake Boulevard- asked to see what the sketch would look like if the store is moved up to the northern property line. Mr. Chapman - stated that he is opposed to the rezoning because of the increased traffic it will create on Underclift street. Mr. Danson asked if there would be any chance that the service road will be lengthened. Mr. Jacobson didn't feel that it would be. C) MOTION by Apel, seconded by Pirkl to close the public hearing. carried. Motion Commissioner Apel felt that the parcel is better zoned Neighborhood Business than R-4. ~) ~~ Regular Planning Commission Meeting October 14, 1986 - Minutes Page 2 (Local Oil Co. Rezoning, Cont.) / MOTION by Apel, seconded by Pirkl that the Andover Planning and Zoning Commission recommend to the City Council approval of a rezoning requested by Local Oil Company for the property known as PIN 32 32 24 24 0013 from R-4 to Neighborhood Business for the following reasons: 1) The rezoning was proposed by staff as they felt that property would be better suited for Neighborhood Business; 2) The rezoning will not have a detrimental affect on the health, safety or general welfare of the community; 3) Traffic will be impacted to some extent, but not to make it hazardous; 4) It will not decrease surrounding property values; 5) It is in general harmony with the Comprehensive Plan. Approval of the rezoning is contingent upon this property being combined with the existing piece of property. Motion carried unanimously. Local Oil Company Special Use Permit, Cont. Dan Richmond - stated that they are proposing to put a SuperAmerica store on the corner of Round Lake Boulevard and Bunker Lake Boulevard, The driveway on Bunker Lake Boulevard is lined up with the adjacent driveway across Bunker Lake Boulevard. The City asked that the building be moved to the north. The reason for the Special Use Permit is to put the storage , tanks in front of the store. The security fence will be going the whole ) length of the property. The plan now has the correct number of parking spaces. The sign is 28 feet which complies with the ordinance. The curb cuts on the corners match the one on the Downtown Center property. Chairman Jacobson noted that the legal description is for 11 acres and the property is only 3 acres in size. The legal needs to be corrected. He asked if they will be selling kerosene. Mr. Richmond stated that they will not be selling kerosene. Commissioner Apel noted that the Andover Review Committee asked that the building be set back so that it's 40 feet from the property line. Chairman Jacobson felt that everything should be moved 48 feet to the north. Mr. Richmond stated that moving the building would be fine; however, there is a grove of trees on the north side of the property where the fence would go and they would be open to suggestions about where the fence should be installed. Commissioner Pirkl noted that the County wants the access for Underclift as far north as possible. Mr. Richmond stated that they have complied with the ordinance as far as where that exit is shown. Commissioner Bosell felt that with the proposed future drive on Underclift 'j the intersection should be posted that it is a residential district and / there is no through traffic. Assistant City Engineer Todd Haas stated that the proposed future drive should be built now. It should be extended to the north as far as possible. He / \ ~J , \ / ~~ Regular Planning Commission Meeting October 14, 1986 - Minutes Page 3 (Local Oil Co. Special Use Permit, Cont.) also suggested that the driveway on the south side (Bunker Lake Boulevard) be eliminated. Mr. Richmond stated that he would be opposed to eliminating the southern exit. Mr. Haas also noted that the property line on the southwest corner should have a 20 foot radius for watermain. Chairman Jacobson asked that the kitchen shown on the interior layout be removed. The following also need to be done: the legend needs to say that the water and sewer are by the city; the construction limit line needs to be taken off the plat; the curbing at the end of the blacktop should be 6 inches. Commissioner Bosell asked if there will be a propane station. It was noted that there will not be. Larry Jiroutek, 13770 Underclift Street N.W. - stated that he would prefer to have the southern driveway because it will eliminate traffic on Underclift Street. Mr. Danson - noted that he would appreciate it if they could leave as many trees as possible near the north property line. He would also \ like to have the fence 6 feet rather than 5 feet. ) Commissioner Bosell stated that she would be willing to have the set- back on the north 40 feet rather than 48 feet if it would be easier to save the trees. Mr. Danson asked if there would be lighting on the back of the building that would be shining into his house. Chairman Jacobson explained that they cannot send any light onto his property. Todd Haas noted that the engineering department will allow the southern driveway if they install a sign that says "right turn only". \ ) MOTION by Apel, seconded by Vistad that the Andover Planning and Zoning Commission recommend to the City council approval of the Special Use Permit requested by Local Oil Company to build a convenience store/gas station at the intersection of Round Lake Boulevard and Bunker Lake Boulevard for the following reasons: 1) It 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 depreciate surrounding property values; 4) It is in harmony with the Zoning Ordinance. Approval is contingent upon the following: 1) Moving the proposed plan north to a maximum of 48 feet. However, the Commission would recommend a 40 foot northerly move if it will save additional trees on the north property line; 2) Local Oil Company will not be permitted to sell propane gas; 3) A 6 foot fence will be placed on the northerly portion of the building site; 4) The legal description will be corrected as well as some housekeeping items that need to be corrected, added, or deleted; 5) They will be limited to 36 nozzles on the gas pumps; 6) The undergroud storage tanks will be inspected by '- ; \ \ ) Regular Planning Commission Meeting October 14, 1986 - Minutes Page 4 (Local Oil Company Special Use Permit, Cont,) / the State and City Fire Marshals; 7) A 6" curb will be installed around the parking area. It should be noted that a public hearing was held and there was no real opposition to the proposed building but there were some concerns about traffic and screening to the north. Motion carried unanimously. This will go to the City Council on October 21, 1986. MOTION by Bosell that Local Oil Company construct the proposed future driveway on Underclift at this time. Motion dies for lack of a second. Good Value Homes Variance / John Peterson, Good Value Homes - stated that in their Hidden Creek plat they are having a problem with the side yard setbacks. There wasn't much of a problem in Northglen; however, the lots in Hidden Creek are more valuable and more expensive homes are being built. These people want to have 3 car garages and these will not fit on an 80 foot lot. Another reason they would like to have a 5 and 10 foot side yard setback is to save trees. If the garage could be 5 feet from the property line they would be able to save more trees. They feel that we will have a nicer community if the garage can be 5 feet from the property line. Mr. Peterson felt that the ordinance should be reconsidered. He also noted that Andover is the only city around that has a 10 and 10 foot side yard setback. Chairman Jacobson noted that there is another request similar to this one on the agenda tonight and if one is denied, the other should also be denied. Commissioner Bosell stated that if we anticipate making a change in our ordinance we need to have a public hearing. The ordinance now says that in order to grant a variance, a hardship must exist. If we allow this variance for Good Value we will have to allow it for every- one. Commissioner Vistad felt that they should have had the foresight to plat larger lots so that this problem didn't exist. Mr. Peterson noted that they have some 95 foot lots in the plat. They feel that there are a certain number of trees that will have to corne down because of the lack of flexibility. He further noted that they have house plans with the garage in the front of the house but those houses are not the more expensive ones. \ Commissioner pirkl felt that they could corne in and get a variance for each one that comes in. ! Commissioner Bosell suggested that Good Value withdraw their request and we put this on the next agenda to see how it would affect our ordinance overall. '\ " ~ Regular October Page 5 (Good Value ,--..J Planning Commission 14, 1986 - Minutes \ '--....-/ Meeting Homes Variance, Cont.) Mr. Peterson noted that one of the variances on an individual basis is use the same reasons and deny them. problems in corning in with the that the Planning Commission will MOTION by Vistad, seconded by Bosell that the Andover Planning and Zoning Commission recommend to the City Council disapproval of the variance requested by Good Value Homes for a blanket variance for a 5 foot and 10 foot side yard setback in Hidden Creek for the follow- ing reasons: 1) A hardship is not created due to the topography; 2) denial will not affect existing or potential use of adjacent land; 3) the request is not necessary to the reasonable use of the land; 4) the request is not in conformance with the Comprehensive Plan. Motion carried. This will go to the City Council at their first meeting in November. Recess 8:59 - Reconvene 9:10 P.M. Elmer Dargis Lot Split Elmer Dargis, 3927 - 157th Avenue N.W. - stated that he is requesting a lot split so that he can build another home. The property is approx- imately 6 acres in size. / ~ Commissioner Vistad asked the sizes of the buildings and the exact "-) number of buildings on the property. Mr. Dargis stated that most of the buildings are old chicken coops which he has never used. The yellow building on the property is 18' x 20'; the shop is 32' x 70', the garage is about 20 x 26' and the house is 24' x 40'. Commissioner Bosell noted that the second drawing with the 165 feet of frontage is the one that meets the ordinance requirements. She then asked Mr. Dargis how long his business has been at that location. Mr. Dargis stated that it has been there for 12 or 13 year5. Ms. Bosell noted that the ordinance states that when a non-conforming use existed at the time of the adoption of the Zoning Ordinance, it must be discontinued after three years. She stated that in order to allow the business (Ace Cesspool) to continue, they should get a Special Use Permit. She also noted that the ordinance says that in a residential commercial vehicles over 12,000 pounds gross weight are not allowed. Chairman Jacobson suggested making a motion approving this request, but have Mr. Dargis corne back with a corrected drawing before this goes to the Council. '\ ) It was the concensus of the Commission that the drawing showing the 165 feet and 200 feet of frontage on the two parcels is the one that should be approved. \ ~-~ Regular Planning Commission Meeting October 14, 1986 - Minutes Page 6 (Dargis Lot Split, Cont.) MOTION by Vistad, seconded by Pirkl that the Andover Planning and Zoning Commission recommend to the City Council approval of a lot split using 200 feet of frontage on the property with the house and out buildings which will be Parcel A and the using 165 feet of frontage on the other piece, which will be Parcel B, requested by Elmer Dargis for the property known as PIN 17 32 24 33 0001 for the following reason: 1) It meets the criteria as set out in Ordinance 40, 40A and 40B. Approval is contingent upon the payment of park dedication fees and also that Mr. Dargis return to the next Planning Commission meeting with a corrected drawing. Motion carried. This will be on the next agenda and then will go to the City Council at their first meeting in November. Hills of Bunker Lake Rezoninq Public Hearinq Chairman Jacobson noted that this property is now zoned Limited Industrial and General Business. Marlin Lyons, John Oliver & Associates - noted that they are requesting a zoning change to R-4, single family residential with 11,400 square foot lots. 1 Mr. Jacobson asked if they have the consent agreements from the property owners. Jerry Green, developer - noted that they have all of them except the one from John Scherer. Also, another realtor owns 80 acres of this property and in the purchase agreement he consented to the platting. Commissioner Pirkl stated that she is opposed to rezoning any Limited Industrial areas to anything without a study on the impact that this would have on the future of Andover. There are Limited Industrial and commercial areas and randomly rezoning those properties will have an adverse affect. She believes the Planning Commission needs to study what this city needs for those future residents and what this community needs for future economic development. Commissioner Bosell concurred with what Commissioner Pirkl said about the rezoning. She noted that if we eliminate that entire Limited Industrial district, we need to determine if we need to replace that area and we need to look at it immediately. Commissioner Apel noted that we spent a lot of time with the rezoning in 1980 and we have to look at this very carefully. Commissioner Vistad stated that he is not against it, but we have to look at establishing another Limited Industrial District in the city. ) Right now we have eliminated a lot of the General Industrial and a lot of areas that could go for industrial development. If the people that are proposing this would make a suggestion as to where we could possibly , ) \ '. ~ Regular Planning Commission Meeting October 14, 1986 - Minutes Page 7 (Hills of Bunker Lake Rezoning, Cont.) \ , / have an industrial development area, he would be very open to looking at it. At this time Chairman Jacobson opened the public hearing. Ron Smith, 11984 Chisholm Street - stated that the piece of property to the north of this has double railroad tracks with a spur and that would be ideal for industrial development. Ms. Bosell asked how you would get to that property if the Hills property is R-4. People would be driving through a residential develop- ment to get to an industrial development. Leonard Cochran, Isle, MN- stated that there was a business that was ready to corne in on that spur and the city would not rezone the property. Chairman Jacobson noted that this was zoned Limited Industrial because of the railroad tracks and the possibility of having a light rail link going from Andover to Minneapolis. At the time of the rezoning, the Council was not even considering putting sewer and water north of the creek. If all of this property is rezoned, it would leave us with Hugh's Industrial Park and the junkyard area. He suggested that maybe only a part of this area should be rezoned. \ Councilman Jim Ellinq - stated that since 1980 things have changed. In 1980 we were going by the Comprehensive Plan for sewer and water. He noted that we are going to have to redo our whole Comprehensive Sewer Plan. He felt that the Council would rather have a residential area because of the sewer problems. About a year ago, he spoke to Burlington Northern and they would be very reluctant in putting any spur tracks on that ite. That line will stay there forever because it's the run from Duluth to Minneapolis. Mr. Jacobson noted that there will be a major pipeline going along the tracks and in a couple of years there will be a major transmission line going along the tracks also. Tony Emmerich, developer - stated that by zoning this property residential, you have something against Site Q. Commissioner Vistad felt that if we have the means to stop another landfill, we should do it. Andover has picked up a lot of bad publicity because of the other landfill. Gordon Clemens, 1751 - l3lst Avenue, Coon Rapids - Asked if the city would still go with sewer and water for this area if this request is denied. Mr. Jacobson stated that we will. ; MOTION by Vistad, seconded by Pirkl to close the public hearing. Motion carried. j Regular Planning commission Meeting October 14, 1986 - Minutes Page 8 (Hills of Bunker Lake Rezoning, Cont.) . ~ ',,- J MOTION by Pirkl, seconded by Bosell that the Andover Planning and Zoning Commission recommend to the City Council denial of the rezoning from Industrial to R-4 and Commercial requested by Hills, Inc. for the following reasons: 1) It is not in conformance with the Comprehensive Plan; 2) It is not the best use of the land; 3) the present zoning is not detrimental to the health, safety, morals or general welfare of the community; 4) in 1980 there was a plan in mind and we would like to continue to strive toward that plan. It should be noted that a public hearing was held. Vote on motion: No - Apel; Vistad; Jacobson; Yes - Bosell; Pirkl. Motion fails on a 3 no - 2 yes vote. I MOTION by Apel, seconded by Vistad that the Andover Planning and Zoning Commission recommend to the City Council approval of the rezoning requested by Hills, Inc. from Limited Industrial to R-4 and commercial on the property described as 'The west 1/2 of the west 1/2 of the South- west 1/4 of the Southwest 1/4 of Section 26, Township 32, Range 24, lying South of the centerline of Coon Creek; The East 1/2 of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 26, Township 32, Range 24, lying Southerly of the centerline of Coon Creek; the West 1/2 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 26, Township 32, Range 24, lying Southerly of the centerline of the Coon Creek; the North 1/2 of the Northwest 1/4 of Section 35, Township 32, Range 24; The North 1/2 of the Northeast 1/4 of Section 35, Town- ship 32, Range 24; The South 1/2 of the Northwest 1/4 of Section 35, Township 32, Range 24, lying Northerly of the centerline of County Road No. 116 except that part lying south of the north 600 feet as measured at right angles to the north line thereof and lying west of the east 778 feet as measured at a right angle to the east line thereof except the West 150 feet thereof and subject to county Road No. 116', for the following reasons: 1) It will not adversely affect the health, safety, or general welfare of the surrounding area; 2) it will not seriously depreciate surrounding property values or scenic views; 3) it is in conformance with the basic intent of the Comprehensive Plan and the Zoning Ordinance. Vote on motion: Yes - Vistad, Apel, Jacobson; No - Bosell, Pirkl. Motion carried on a 3 yes, 2 no vote. This will go to the City council at their first meeting in November. Commissioner Bosell noted that she voted no because she didn't think that the city has thought what our alternatives are in this part of the city. Hills, Inc. Variance Lynn Caswell, John Oliver & Associates - noted that the request is to have the utility easements be 5 feet rather than 10 feet and to have the side yard setbacks be 5 feet and 10 feet rather than 10 and 10. \ Commissioner Vistad felt that this is the same as the previous request by Good Value Homes and it would require an ordinance change. Regular October Page 9 (Hills, , '--;" , Plannlng commlSSlon Meetlng 14, 1986 - Minutes \ ',- _/ Inc. Variance, Cont.) ) Jerry Green - stated that this change would allow more flexibility on where the house can go on the lot. He didn't feel it would detract from the area. MOTION by Bosell, seconded by Vistad that the Andover Planning and Zoning Commission recommend to the City Council denial of the variance requested by Hills, Inc. to allow a 5 foot and 10 foot side yard setback in the Hills of Bunker Lake plat for the following reasons: 1) A hardship is not created due to the topography; 2) denial will not affect existing or potential use of adjacent land; 3) the request is not necessary to the reasonable use of the land; 4) the request is not in conformance with the Comprehensive Plan. Motion carried unanimously. This will go to the City Council at their first meeting in November. Hills of Bunker Lake Preliminary Plat Public Hearinq Todd Haas noted that the number one priority on this plat is the alignment of the streets. He recommended that some of the jogs in the streets be removed. \ , J Marlin Lyons stated that the intent of the jogs is for speed control. In his reading of materials from the State Planning Agency, the University of Minnesota, etc., this is what they encourage people to use to slow down speeding. Also, by using jogs in the streets, you're creating neighborhoods. Jim Elling stated that we have two areas in the city now like this and one man has his mailbox knocked down constantly and the other has cars in his front yard all the time. Mr. Jacobson asked how many of the Commissioners want this type of speed control in the plat. Commissioners Apel and Vistad said they would like them to be kept in and Commissioners Bosell, Pirkl and Chairman Jacobson don't want them. Leonard Cochran felt that this plat is leaving his property landlocked. Mr. Jacobson noted that his property is already landlocked. He felt however, that a road should be built through Lot 11, Block 23 as it would provide an access for some of the lots to go out to Prairie Road. Jerry Green didn't feel they would gain anything by doing that. They would lose a lot and also have to pay for the road. Commissioner Vistad suggested taking Palm Street and moving it over to the west and also move Sycamore over to the west. Chairman Jacobson stated that he would really like to see the road go through Lot 11. Commissioner Vistad asked if we will then ask for \ a road going to the north. Mr. Jacobson felt that a road to the north I would do nothing. Commissioner Bosell noted that according to the ordinance, we need to '. -' \ '---~ Regular Planning Commission Meeting October 14, 1986 - Minutes Page 10 (Hills of Bunker Lake Pre. Plat, Cont.) '\ ) consider the property to the north and we should provide the access. We cannot create a hardship. Jerry Green didn't feel that a hardship is being created as the property is already landlocked. The property east of the railroad tracks should have the following things done: Three jogs should be taken out of the streets; the street should go through Lot 11; and Palm Street and Sycamore Street should be moved over to the west. Commissioner Pirkl suggested that the City Attorney tell us what kind of liability there is where there is a park next to a pond. Mr. Jacobson asked who is going to owner Outlot B. Lynn Caswell stated that ponds are dedicated to the city as utility and drainage easements. Mr. Jacobson asked what the Park Board recommended. Mr. Green stated that they still need to go before the Park Board. Jim Elling asked how they intend to drain outlot A. Mr. Lyons noted that everything drains to Coon Creek. , Todd Haas noted that the corners all need to have a 20 foot radius. ,j Looking at the west side of the tracks, Todd Haas noted that the fire department would like l40th Avenue and l4lst tie in some way across the tracks. Mr. Jacobson noted that the areas needing fill have to be shaded on the plat. He also felt that there needs to be some parking area in the big neighborhood park. He suggested that they take Lot 47 or 48 as part of the park dedication and use that for parking. He also stated that a letter needs to be received from Anoka County regarding the accesses to the County Roads. MOTION by Apel, seconded by Vistad to continue this item to the October 28th meeting. Motion carried. Wm. Batson Sketch Plan No one appeared for this item. MOTION by Pirkl, seconded by Vistad to continue this item to the October 28th meeting. Motion carried. Transient Merchant Ordinance \ J MOTION by Pirkl, seconded by Vistad to continue this to the October 28th meeting. Motion carried. '\ / " : / '\ \ -) .' , '- ) L-.J Regular Planning Commission Meeting October 14, 1986 - Minutes Page 11 MOTION by Vistad, seconded by Pirkl to adjourn, Motion carried. Meeting adjourned at 12:25 A.M. Respectfully submitted, u.h Vicki Volk Commission Secretary