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HomeMy WebLinkAboutSeptember 23, 1986 .~ ,/ " ~ , ') \~.1 CJ ( " '--.J CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING-AGENDA SEPTEMBER 23, 1986 1. Call to Order - 7:30 P.M. 2. Approval of Minutes 3. Hidden Creek East Preliminary Plat, Cant. 4. Watt's Garden Acres Rezoning, Cant. 5. Hills of Bunker Lake Sketch Plan 6. Sauter & Sons Special Use (Mining) Permit Public Hearing 7. Local Oil Company Special Use Permit Public Hearing 8. Ordinance 8, Section 4.20 Amendment Public Hearing 9. Ordinance 8, Section 6.02, Cant. 10. Transient Merchant Ordinance, Cant. 11. Commercial Pole Buildings, Cant. 12. Adjournment l '\ _.J (, '--J .r-\ \, ..-/ CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING-MINUTES SEPTEMBER 23, 1986 The was 23, MN. regularly scheduled Andover Planning and Zoning Commission meeting called to order by Chairman Jacobson at 7:30 P.M., Tuesday, September 1986 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Commissioners Present: Commissioners Absent: Also Present: Apel, Bosell, Jovanovich, Pirkl, Rogers, Vistad None Assistant City Engineer Todd Haas; Roger Nelson; Jerry Green; Ron Smith; Tom Sauter; Dan Richmond; others APPROVAL OF MINUTES - SEPTEMBER 11, 1986 MOTION by vistad, seconded by Apel to approve the minutes of September 11, 1986 with several typographical errors being corrected. Motion carried on a 2 yes (Vistad, Apel), 4 present (Jovanovich, Rogers, Bosell, Pirkl) vote. HIDDEN CREEK PRELIMINARY PLAT, CONT. (~) Commissioner Vistad questioned the elevation of Lot 2, Block 1, which is '~ sh'0wn as 880.6. Roqer Nelson - stated it was set at one foot above the pond elevation. Mr. Vistad also noted that 134th Lane should be shown as a temporary turn- around to enable expansion to the east. Mr. Nelson noted that they are planning to blacktop it and put in a curb. Todd Haas- felt that they should eliminate the curb and leave the rest as is. Commissioner Rogers asked if the plat has gone to the Park Board and if it has, is the park land as shown what they asked for? Mr. Nelson - noted that what is shown is what the Park Board asked for. Commissioner Apel expressed concern with many of the corner lots, specific- ally Lot 7, Block 5, Lot 20, Block 2, Lot 11, Block 1 and Lots 10 and 11, Block 3, as they appear to be substandard. Mr. Nelson noted that they are 90' wide at the setback line which meets the ordinance requirements. Chairman Jacobson asked what the elevation of the park is and if it will have standing water. Mr. Nelson stated that there will be a catch basin in the middle of it. " I \.J Mr. Haas noted that TKDA is recommending that area be depressed and they are still working on it. Mr. Jacobson asked where they will get all of the fill for the areas that are shown as shaded. Mr. Nelson explained that there is an excess of fill Regular Planning Comm\~_ion Meeting September 23, 1986 - Minutes Page 2 (Hidden Creek, Cont.) ~~ on the site. Chairman Jacobson noted that on the small parcel on 133rd and Quinn, the right of way only cuts it in half and it it has not been indicated as right of way. Mr. Nelson stated that the line that is shown is the tangent line. Mr. Jacobson noted that the whole parcel should be indicated as right of way. He also asked if the DNR will allow drainage into Outlot A. Mr. Nelson noted that they are not involved in that. Mr. Jacobson stated that they do need the DNR's permission to drain into that area. Commissioner Bosell felt that we could make approval of the plat contingent upon receipt of the DNR's letter. Commissioner Rogers questioned the right of way on 133rd Avenue, which is different in Coon Rapids then it is in Andover. Commissioner Vistad stated that the two little park areas bother him. Mr. Jacobson noted that it is basically the Park Board's decision. He stated that if the Commission feels strongly about the parks, it could be made a part of the motion. Todd Haas noted that regarding 133rd Avenue, we are recommending that the setback on the Andover side be reduced, making it 33 feet rather than 40 ~ / feet. Then it will be the same on both sides of the street. Commissioner Bosell noted that she spoke to the Park Board Chairman who is in the building at this time, and he noted that the Park Board has not seen this preliminary plat. At this time, Chairman Jacobson reopened the public hearing. MOTION by Apel, seconded by Jovanovich to close the public hearing. Motion carried unanimously. MOTION by Apel, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council approval of the preliminary plat of Hidden Creek East being developed by Good Value Homes, legally described as 'The South 1/2 of the SW 1/4, Section 34, Township 32, Range 24, Anoka County, Minnesota containing 79.82 acres more or less' for the following reasons: 1) It is in conformance with the Comprehensive Plan if the rezoning of the east 60 acres is approved; 2) It will not seriously affect property values; 3) It will not increase traffic significantly in a fashion that would cause harm to the area: 4) The recommendation is contingent upon the housekeeping items as follows: a) Changing of future park as provided by Council minutes of September 16, 1986: b) Elevation on Lots 1, 2, 3, 4 and 5 of Block 8 should be changed to reflect the 886 elevation in the ARC memo by Todd Haas: c) The two smaller parks should be omitted and Lot 12 taken or Lot 19, Block 7 to get the needed area so we have one large park; d) Some sort of confirmation from the DNR that they will accept drainage into Outlot A; e) Some agreement with the engineering firm regarding drainage in the park / / Regular Planning Commission Meeting September 23, 1986 - Minutes Page 3 (Hidden Creek East, Cont.) It should be noted that a public hearing was held and there was no significant opposition. Motion carried unanimously. WATT'S GARDEN ACRES REZONING, CONT. Marilyn Mardaus, 13350 Hanson Boulevard - asked if this rezoning is only for the people who signed the petition or for the whole area. Chairman Jacobson explained that it's for Lots 6, 7, 8, 9, 10 and 11. Gerry Weqner, 13425 Jay Street - stated that he owns Lot 11 and he does not want it rezoned to residential. James Runke, 13476 Hanson Boulevard - read the following: 'We the following request the land known as Watt's Garden Acres, Sec. 6, 7, 8, 9, 10 and 11, which is currently before this committee for rezoning from General Industrial to residential single family, be left zoned General Industrial for the following reasons. 1) These sections along with other adjacent sections were zoned General Industrial in 1980. We feel the Council must have had foresight and a plan for these sections at that time. 2) It is the only land in Andover that is zoned General Industrial which is needed in all communities to help support the community and reduce the tax load on the / residents of that community. As this city continues to grow, there will be a need for our own schools, thus making the tax load even greater if there is no industry to help support the load. 3) There is an adequate amount of land available in the city that is already zoned residential. 4) The power lines that run through these sections would make it an undesirable location for single family dwellings, but would not be a deterent for General Industry. 5) Once the expansion of Hanson Boulevard is completed, it will become a main and heavily traveled thoroughfare through Andover. Once again making it undesirable and further more unsafe for families but acceptable for General Industry. 6. It has been brought to our attention that in other communities the zoning has been changed from industrial to residential for the sole benefit of the developer to get reduced rates to install city sewer and water then afterwards getting it zoned back to industry, thus reducing the revenue received by the city'. (It should be noted for the record that the above petition read by Mr. Runke was not signed by any property owners.) Marilyn Mardaus - noted that the reason they want residential zoning is because they have homes on those properties. Don Boeke, 13414 Jay Street - stated that he is undecided as he is not sure what the advantage would be to have the property residential rather than industrial. Robert Pears - owns Lot 4, which is not affected; however, he would not be in favor of the rezoning. Charles Mistelske - asked if there is any difference in the interest rate , I ~ .1 Regular Planning Commission Meeting September 23, 1986 - Minutes Page 4 (Watt's Garden Acres Rezoning, Cont.) between commercial and residential assessments. Chairman Jacobson didn't think there was a difference. Mr. Mistelske - stated that he does not want his property rezoned (Lot 7). Roqer Streich, Lot 13 - stated that he is opposed to the rezoning. Commissioner Bosell asked when the homes were constructed and how many of the lots have houses on them. Mr. Mardaus stated his house was built in 1976; Mr. Boeke's was built in 1960; Mr. Hunt's was built in 1977; several of the others were built in the 60's and 70's. Ms. Bosell asked if the people here tonight were at the public hearing in 1980 when this was rezoned from residential to General Industrial. Mrs. Mardaus stated that they were not notified of the meeting and found out about the change in zoning in 1981. Mr. Boeke asked how much trouble it would be to rezone this in the future if it stays commercial now. Mr. Jacobson explained that you can apply for a rezoning only once a year. Mrs. Mardaus asked if you're assessed for commercial and then it's rezoned / to residential, are you stuck with the assessments at the commercial rate? Mr. Jacobson stated yes. MOTION by Prikl, seconded by Rogers to close the public hearing. Motion carried. Commissioner Rogers asked if the main reason for the rezoning is because of sewer and water coming in. It was noted that that is the main reason. Commissioner Apel noted that he would be more in favor of looking at rezoning Lots 6, 7, and 8 rather than the ones along Hanson Boulevard. MOTION by Apel, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council a change in zoning from General Industrial to R-4 on Lots 6, 7, and 8, Watt's Garden Acres for the follow- ing reasons: 1) Lots 9, 10 and 11 are on Hanson Boulevard and they would be more valuable as General Industrial; 2) Lots 6, 7 and 8 would tie into the residential development to the West. Vote on motion: Yes - Apel; No - Bosell, Jovanovich, Pirkl, Rogers, Vistad. Motion fails. MOTION by Bosell, seconded by Pirkl that the Andover Planning and Zoning Commission recommend to the City Council no change in the zoning of Lots 6, 7, 8, 9, 10 and 11 of Watt's Garden Acres from General Industrial to R-4. In 1979 and 1980 when the city looked at this area it was the concensus that it should be General Industrial as the homes and uses of the homes would probably change. Motion carried unanimously. ~/ Regular Planning Commission Meeting September 23, 1986 - Minutes Page 5 ~~ / " SAUTER AND SONS SPECIAL USE PERMIT PUBLIC HEARING Torn Sauter, Anoka - stated that they would like to get a ballfield graded off for the church and also grade for the addition. This is the reason for removing the dirt from the property. Chairman Jacobson explained that this is an after-the-fact deal. City Hall received a complaint that dirt was being removed from the site and it was discovered that they didn't have a mining permit. He asked Mr. Sauter why they were mining without a permit. Mr. Sauter explained that with the sale of the property, the church lost its ballfield and they wanted one for when school opened. Mr. Jacobson noted that he spoke to Lary Carlson, the buyer of the property, and he stated that he doesn't take title of the property until December. Mr. Jacobson also stated that two months ago he told the church that they needed a mining permit. Jerry Herber, Meadow Creek Church - explained that they wanted to finish with the excavation of the dirt before school started. Commissioner Pirkl asked if the work is finished that this permit is for, and if not, how much is left to be done. " Mr. Sauter stated that they are not finished; the north side needs to be " finished yet. Commissioner Rogers asked how much material has been removed. Mr. Sauter stated about 10,000 yards have been removed and they have about the same amount left to be removed. He also noted that they are saving the topsoil and they will be seeding it. At this time, Chairman Jacobson opened the public hearing. It should be noted that no one appeared either for or against this item. MOTION by Rogers, seconded by Pirkl to close the public hearing. Motion carried. Chairman Jacobson asked if any of the soil to be taken out would be used in Andover. Mr. Sauter stated that he didn't know as yet. Mr. Jacobson then asked when this project would be completed. Mr. Herber felt that it would carryon into the spring. Commissioner Bosell stated that she would not be opposed to having this contingent on a one year review. MOTION by Bosell, seconded by Pirkl that the Andover Planning and Zoning Commission recommend to the City Council approval of an after-the-fact Special Use Permit requested by Sauter and Sons to mine soil from the " property known as the Meadow Creek Baptist Church, 2937 Bunker Lake Boule- ) vard, based upon the following reasons: 1) The city has received a plan dated September 23, 1986 prepared by Caine and Assoclates, which documents the previous contours and proposed contours; 2) 10,000 cubic yards of soil ~ ) Regular Planning Commission Meeting September 23, 1986 - Minutes Page 6 (Sauter & Sons Special Use Permit, Cont.) / ./ have already been removed and it is anticipated another 10,000 cubic yards will be removed from the site with a one year review. Approval is contingent upon receipt of a surety bond to hold the city harmless against road damage; also upon an agreement by and between the Planning and Zoning Commission and the hauler that any hauling to be done in the future will require notification to the city. Motion carried unanimously. Recess 9:02 - Reconvene 9:15 p.m. LOCAL OIL COMPANY SPECIAL USE PERMIT PUBLIC HEARING Dan Richmond, C.E.O. for Ackerman Buildinq- stated that SuperAmerica plans to build a store on the corner of County Road 9 and Bunker Lake Boulevard. The county may want a 10' median on Bunker which would move the store up into the R-4 area. The landscaping would be along the front, the side and the back. The proposal was only for the space as shown on the site plan; however, the building may have to be moved to the north which would result in Local Oil having to apply for a rezoning of that parcel. The rezoning process would then take them out of this construction season. Commissioner Rogers noted that the rear yard setback should be 40 feet but is shown as 16 feet on the site plan. ) Mr. Richmond noted that it's 16 feet from the area zoned R-4 and lOS' from the rear of the property that Local oil owns. Commissioner Vis tad stated that as far as the feasibility of this with Torn Thumb across the street, he is reluctant to go back to the 50's where you have a gas station on every corner. Mr. Richmond noted that with all of the residential development in the area, they feel there will be enough business to sustain this store and Torn Thumb. Mr. Vistad felt that getting onto Round Lake Boulevard is a problem. He also noted that additional parking spaces will be required; there should be 28 parking spaces. Mr. Richmond noted that in addition to moving the building to the north, they would also have to move it to the west to accommodate the required parking spaces. Commissioner Bosell noted that they are 54' short for this to fit on the site. Also, the property line on the west needs to be removed as it is not really the property line. The concrete approach only needs to be 30' instead of 40' as shown. The county has informed the city that they will , be constructing the median next summer. It was the concensus of the Commission that Local Oil apply for a rezoning for the property to the north so that the building can be moved to the north. , .J Regular Planning Commission Meeting September 23, 1986 - Minutes Page 7 (Local Oil Special Use Permit, Cont.) \ ~~ / Chairman Jacobson suggested that this be tabled to the next meeting as there are a number of things that need to be corrected. In addition to the other items that were noted, the number of gas pumps and nozzles must be indicated. Also, the site plan application needs to be completed. A letter needs to be received from the State Fire Marshal regarding the underground storage tanks. MOTION by Rogers, seconded by Pirkl to table this item to the October 14, 1986 meeting. Motion carried. HILLS OF BUNKER LAKE SKETCH PLAN Jerry Green, developer - stated that they had been asked by the city to have the school site on the plat along with the nature trails. It was the city's intent to sell the school use site to the school district and use the proceeds of that sale to develop the park. That plan seemed to be agreeable with the school district, however, their architect said that the site was not suitable. The Park Board is not interested in having ball- fields in this area unless there are in conjunction with the school. The developers would now like to have the area shown as school use site for commercial use. Mr. Green also noted that the County Library is interested in obtaining a site in Andover. This plat has a parcel set aside for that use; however, they don't know if a library will actually be built there. He also noted that they will be donating less land for parks and donating more money instead. Ron Smith - stated that if the school goes on the property south of this site, they would want the parks by the school. Chairman Jacobson noted that along Hanson it should be zoned Commercial. He noted that from the upper left hand corner and going to the right, there is a park access between the railroad tracks which has a 15-20' wide strip. He has problems with that because there is no place to park. On the east side of the railroad tracks there is also no place to park a car. He also stated that they have to be careful about the elevation of the pond that they plan to build. Block 1 has a bump in the street which the maintenance people are not going to like. The parcel marked 'water tower' should be marked with a lot number as we don't know if a water tower is going to go there. Mr. Jacobson also stated that he would be concerned with the water levels on the pond on Block 4. Mr. Green noted that the park land elevation will be 880. The water will be going into the ponds and out to Coon Creek. Commissioner Rogers stated that he does not like the 11 cul-de-sacs. Commissioner Pirkl stated that she does not like the idea of having a tot lot next to a pond. ) Ron Smith noted that the reason for the large number of cul-de-sacs is that they would like to leave the topography of land land as it is. It was also noted that the dips in the streets are for traffic control. J ) Regular Planning Commission Meeting September 23, 1986 - Minutes Page 8 (Hills of Bunker Lake, Cont.) \ Commissioner Vistad stated that he would be in favor of omitting the ponds. He felt that there would be too much liability for the city. If the ponds are not next to a park they would be fine though. Commissioner Bosell asked if the pond is intended to hold water or if it would only hold a 7 year storm. Mr. Green stated that the ponds are part of a drainage system and they will have overflows. They would be wet ponds. The ponds will be owned by the property owners of the lots that they back up to. Ms. Bosell felt that the property along Hanson Boulevard should remain General Business. Her major concern is the number of cul-de-sacs and the fact that nothing ties in with anything. Mr. Green noted that they will be requesting a blanket variance for 5 and 10 foot side yard setbacks. ORDINANCE 8, SECTION 4.20 AMENDMENT PUBLIC HEARING Chairman Jacobson explained that the City Council requested that we hold a public hearing regarding the green space under density zoning. The City Attorney said that the green space can, at the Council's discretion, remain / in the developer's ownership, but the developer could not to anything with it until utilities are available. In the case of Chuck Cook's property, he could plat it into R-4 size lots when sewer and water becomes available. Chairman Jacobson opened the public hearing. Mr. Jacobson stated that this would be between the city and the developer, not the developer and the homeowner. He asked if the Commission wants to do this or do we want to retain the green space for the city. He also asked if it might not be better to rezone the property to R-4 and allow building only on every third lot. Commissioner Bosell we dealt with this. the ordinance. noted that Mr. Cook's plat was the third time that She felt that perhaps we should simply strike it from Commissioner Apel stated that he would go with this amendment. The Council is interested in giving themselves some flexibility. Commissioner Jovanovich agreed with taking the density zoning provision out of the ordinance. Chuck Cook - noted that one of the Council's concerns was paying taxes on the land. They don't really want the liabilities that are created. They don't want to be in the landholding business and they would like to collect / some taxes on it. Mr. Cook felt that the ordinance was drafted for more of a condo-type development. J Regular Planning Commission Meeting September 23, 1986 - Minutes Page 9 (Ord. 8, Sec. 4.20, Cont.) / Commissioner Bosell noted that she would like to take density zoning out of the ordinance completely, and also to strike the words in Section 4.12 regarding density zoning. MOTION by Vistad, seconded by Rogers 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 to strike from the ordinance, Section 4.20, Density Zoning. Also to strike Section 4.18 from the ordinance. It is in the best interest of the city to do so. Motion carried on a 4 yes, 2 no (Pirkl, Apel) vote. The remaining items on the agenda will be continued to the next meeting. MOTION by Rogers, seconded by Pirkl to adjourn. Motion carried. Meeting adjourned at 10:56 P.M. Respectfully submitted, / L~ Vicki Volk Commission Secretary