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HomeMy WebLinkAboutMay 27, 1980 "" u o o Call to order Approval of Minutes 1. Conm. 114-80-1 2. Comm. 1/4- 80- 2 3. Conm. 119-79-5 4. Corrnn. 114-80-7 5. Comm. 115-80-4 o 0 0 e<<, 01 ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING MAY 27, 1980 7:30 P. M. Andover Woods preliminary Plat Public Hearing Smoke Detector Ordinance Public Hearing Rezoning/Metropolitan Urban Service Area Public Hearing Flood Plain Ordinance Ordinance 8, Sections 4.30 and 8.20 Amendment o o 0 e<<, 01 ANDOVER o o REGULAR PLANNING AND ZONING COMMISSION MEETING MAY 27, 1980 MINUTES The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairperson d'Arcy Bosell at 7:31 P.M. on Tuesday, May 27, 1980 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Anoka, Minnesota. ''') ,rUe/L/ 0 1)/.'; :~,.. ,~,' / 0 ~ 1. , '" (p- I 'I ') II 'j Commissioners Present: Kishel, Apel, Anstett, Lobb None Commissioners Absent: Also Present: Mark Schumacher, T.K.D.A.; Frank Voth and Keith Nelson; Rich Lindeen, City Fire Marshal; Renee Fearon; interested residents. Approval of Minutes May 13, 1980 MOTION by Lobb, seconded by Apel that the minutes of May 13, 1980 be approved as written. Motion carried unanimously. May 20. 1980 MOTION by Kishel, seconded by Lobb that the minutes of May 20, 1980 be approved as written. Motion carried unanimously. Andover Woods Preliminary Plat Public Hearing (Comm. 114-80-1) Chairperson Bosell opened the Public Hearing. Frank Voth, Good Value Homes - Went over several items in the engineer's letter. Stated that they would like to see all of the land possible used for park whenever it can be used for park. There is an area in the southern part of the plat which is noted as park which will have to be used and which contains a drainage easement. There is also an area on the northeast corner of the plat designated as park which would tie in with Quickstrom's park. If there is a deficit, they are willing to pay the balance in cash. He was not aware that this plat has to be submitted to the Coon Creek Watershed and asked if that was really necessary. Chairperson Bosell commented that the plat is in the Coon Creek Watershed District and must be submitted to them for review. Mark Schumacher, T.K.D.A., reviewed his letter regarding the plat. He noted that the soil borings have been received and he will review them. Chairperson Bosell stated that our ordinance says that two plats cannot have similar names or names that could be confused with any existing plats. She noted that we have a plat known as Andover West which could be easily confused with Andover Woods. Mr. Voth stated that R6llie Anderson will check on this matter. Chairperson Bosell noted that if Good Value Homes is not the fee owner, a letter of consent ~ust be received from the fee owner. She asked if there would be any restrictive covenants ~n the property and if so, City Hall needs a copy of them. Mr. Voth stated there would be covenants. Also noted was that there is no access from this plat to either County Road 9 or Bunker Lake . Planning and Zoning r~mmiss4~n-Minute$ ;May 27, 1980 U U Page 2 , \ V u Boulevard. Chairperson Bosell asked if Quay Street would be extended to Bunker as it is not shown on the plat. Keith Nelson said it will be extended. Due to an oversight it is - not shown. ~Chairperson Bosell noted that this plat needs to go before the Park Board for their review. The next Park Board meeting will be on June 5, 1980. Wes Mand, 3547 - l4lst Lane N.W. - asked what type of housing would be in the plat. Mr. Voth stated that the lots that abutt the commercial area will be twin homes with individual ownership. They will be sold for owner occupied housing, not for rental purposes. Wes Mand - asked if there would be any restrictions on a person buying both halves and renting one side. Mr. Voth stated there would not be any; however, they are not in the rental business. Wayne Anderson, 1018 Main Street N.E., representing Rademacher & Associates _ commented that if Mr. Rademacher is successful in getting his plat through, he would provide the easements necessary for Mr. Voth's plat. This will be continued to June 10, 1980. Smoke Detector Ordinance (Comm. 114-80-2) Chairperson Bosell opened the public hearing. Rich Lindeen. 2439 - l38th Avenue N.W., City Fire Marshal - stated the reason for this ordinance is mainly for any rental property in the city to have wired-in smoke detectors in each unit. At the present time only battery operated detectors are required and most of the time the batteries are removed for other uses. The Fire Department would also like to see at least a battery operated smoke detector in each residence in the city. Chairperson Bosell asked how this ordinance could be enforced for private homes. Mr. Lindeen said enforcement would be difficult as they do not have the authority to go into private homes to check for smoke detectors. Mr. Lindeen was asked what the consequences would be if someone did not comply with the ordinance. He stated they would be guilty of a misdemeanor. Discussion was on how an ordinance of this nature would affect homeowner's insurance, an example being if a house burns and there are no smoke detectors would the insurance company have to pay? Mr. Lindeen will check on this. Commissioner Anstett asked if there are sleeping rooms on two levels of a house would smoke detectors have to be installed on both levels. Mr. Lindeen stated they would have to be. Commissioner Kishel felt that the battery operated detectors would be better than wired-in detectors. Commissioner Lobb also felt that the battery operated detectors are better if there was a type where the batteries could not be removed. He also noted that there is quite an expense in wiring them in and that the enforcement is what we have trouble with. Chairperson Bosell commented that she spoke with the Columbia Heights Fire Chief regarding ~-smoke detector ordinances. Their city had a hard time coming up with an ordinance that .' \ ,-/lould be workable. They were not able to come up with a way to inspect single family homes. Wes Mand - agreed with the Fire Marshal that the smoke detectors should be permanently wired. 'Planning and May 27, 1980 Page 3 ,~ (\ Zoning ~miss~l-Minutes u o Chairperson Bosell asked the Fire Marshal what the Fire Department will do to make the ~-oublic aware of this ordinance, if adopted. Mr. Lindeen stated that the public could be ~nformed when the firefighters are selling raffle tickets, it could be mentioned some way during the Andover Fun Days. However, word of mouth would be the best method. This item will be continued to June 10, 1980. Rezoning/Urban Service Area Public Hearing (Comm. 119-79-5) Chairperson Bosell opened the public hearing. She then stated that the map published in the Anoka paper contained an area marked '~SA Search Area". When the city was looking at where it could increase the Metropolitan Urban Service Area boundaries, it was the concensus of the City Council and the Planning and Zoning Commission to try to include the City Hall site. The landowners in that area were contacted to see what they thought about being included in the Urban Service Area. It was almost unanimous that they did not want to be included and they did not want sanitary sewer. The MUSA Search Area is not being considered for sanitary sewer at all. Walter Laptuta, 15026 Crosstown Boulevard N.W. - objects to being in the Urban Service Area as he feels there is no need to bring the sewer up Crosstown Boulevard. Chairperson Bosell asked Mr. Laptuta Urban Service Area that he would get boundary should be moved elsewhere. not mean the sewer will be coming in if he was assuming that if his area is in the Metropolitan sanitary sewer. Mr. Laptuta replied that the MUSA Chairperson Bosell explained that being in the MUSA does right away. Don Eveland, 14744 Crosstown Boulevard N.W. - is opposed to being in the Urban Service Area. Asked if after tonight the MUSA Search Area will be left open or will it be dropped. Chair- person Bose11 stated that all of the landowners are against it so it will be taken out. Mr. Eveland asked where the city would lose the area that is being added to the MUSA. Mark Schumacher explained that it would be taken from north of Coon Creek and the General Recreational area (landfill) and possibly the bottom 40 acres of Lund's Evergreen Estates. He also stated that the city is not in a position at the present time to bring the sewer up to City Hall. The Urban Service Area is controlled by the Metropolitan Waste Control Commission and the city cannot just say they're going to add a couple of hundred acres to the Urban Service Area without taking that much land out of the Urban Service Area. Chairperson Bosell stated that within the dotted line on the map there is a lot of property zoned for 2~ acre lots. Presently our sewered size lot is 85'xI30'. This is an adequate size when sewer comes through. People are afraid that if their property is zoned R-4 they will get sanitary sewer immediately. This is not the case. It only sets aside land for smaller lot sizes for economical reasons. At this time, Chairperson Bosell introduced Steve Ryan of Northwest Associated Consultants, who are preparing a Comprehensive Plan for the city. Mr. Ryan will be available during the meeting to answer any questions. Mark Schumacher, T.K.D.A., gave some background information on sanitary sewer and the Metropolitan Urban Service Area. He stated that the city has two areas, a rural service area and an urban service area. At the present time, the city has sewer capacity through the Coon Rapids Interceptor. The Metropolitan Council and the Metropolitan Waste Control .' -~ommission are proposing a second outlet for the city through the CAB Interceptor. The ~lity Council established a line that runs along the west edge of Auditor's Subdivision No. 82 as being the limit of which area can be served by the Coon Rapids interceptor. Plani1.ing and May 27, 1980 Page 4 . ,.--\. t- \ . Zon1ng "-)II1s~1-M1nutes : \ \....J o Diane Doolittle, 4301 - l44th Lane N.W., - lives in Meadowood. Stated they are still in the , -Urban Service Area although they had presented a petition from the residents of Meadowood ~ktating they did not want sanitary sewer. Mark Schumacher explained that the city has been granted a certain capacity in the CAB and they don't want to jeopardize that capacity by reducing the area that it's going to serve. Once we have the capacity, we don't have to use all of it. Diane Doolittle the density to 55 figure only as an density. stated that at a previous meeting the engineer said the city has to raise persons per acre. Mr. Schumacher explained that the engineer used that example of what the city might do. The city will not rezone to that Chairperson Bosell commented that the property under contention as a mobile home park shall be identified on the map as a mobile home park, Special Use Permit issued by the Minnesota Supreme Court. It's presently zoned R-l. Karen Ames, 4310 -144th Lane N.W. - asked if the Coon Rapids Interceptor has always been where it's shown on the map. Mark Schumacher stated that in the Comprehensive Sewer Development Plan anything west of Round Lake is shown as being served by the CAB Interceptor. Peter Rauen, 4110 - l47th Lane N.W. - stated that the Comprehensive Plan constantly brings up the rural aspects of the city. "There is a considerable variation of the land use between the Comprehensive Plan and what you're doing tonight." Also commented that the sewer capacity is dictating zoning the residents don't want. Questioned whether the property zoned NB and M-2 along 7th Avenue could be rezoned as there is another NB not far from there. Chairperson Bose1l stated that those are present zonings, not proposals. The original proposal showed those properties as being deleted, but the City Council felt they should be left as they are. Steve Ryan - noted that one of the things pointed out was about the sewer being extended. Rather than trying to remove choice property, one of the things the city is trying to do is to protect choice areas. In the urban area the city is trying to form a mechanism by which the sewer can be installed in the future if there is a need and desire for it. Karen Ames - asked if the planner has anything to do with those people who live in areas with no parks, no schools, etc. Mr. Ryan said he does not, the City Council and Planning Commission do that. Discussion was on the trailer court area. Chairperson Bosell noted that a decision has been handed down from the Minnesota Supreme Court stating that when sewer and water become available, the developer can proceed with the trailer park. Diane Doolittle -asked if the City Council can revoke the Special Use Permit. Chairperson Bosell stated they could not. Karen Ames - questioned the density in the trailer park. Chairperson Bosell stated that we have an ordinance which governs trailer parks. . Taking the map, Chairperson Bosell commented that Johnson's Addition are now zoned R-2 and R-3 and will stay the same. R-2. Lund's Round Lake Estates is R-l and will remain R-l. Oakmount Terrace and Dehn's Meadowood is R-2 and will stay .:.J · To the east across the Coon Rapids Interceptor line, Auditor's Subdivision No. 82 is presently zoned R-3 and will stay R-3. Planning and May 27, 1980 Page 5 . r\. ('\ . Zonl.ng ~l.SI...-/\-Ml.nutes .' \ U u . Going south, the next property is presently zoned R-l. to R-4. This is proposed to be rezoned . J '--../ Peter Rauen Special Use - asked if doubles were allowed in an R-4 area. Permit. He was told they are with a Lyle McLaughlin, 3155 Bunker Lake Boulevard - asked if the city has a rule that you can only have so many doubles in an area. Chairperson Bosell said no; however, on the plat you have to show which lots will have doubles on them. Mark Schumacher stated that the city has a handle on someone turning an R-4 area into a multiple area. · Continuing with the rezoning, the next property south of the above mentioned area is presently zoned M-2 (R-5). The Conmission is recommending changing this to R-4. · The next property south is also proposed to be R-4. It is presently R-l but the lots are not R-l size lots. · The corner is zoned Neighborhood Business. The Commission cannot change this back to residential zoning unless it is not developed as NB within two years. · Going over one 40 to the east (corner of County Road 9 and Bunker) and one 40 to the north, it is the reconmendation of the Commission with a request by the owner, to rezone the westerly 10 acres as Neighborhood Business. That area is not suitable for single family homes and will act as a buffer to the proposed Andover Woods Plat. The largest area shown as Shopping Center has already been rezoned. The smaller piece to the east along Bunker Lake Boulevard will be rezoned to Shopping Center. Wes Mand - asked what types of businesses will be included in the shopping center. Wayne Anderson, Wm. C. Rademacher & Associates commented that the smaller piece is 3.54 acres. The northern end will be some type of office; from there down there will be convenience type shopping, then a restaurant and a banking facility; then it will move into a community type shopping center. · Starting at Quickstrom,',s Addition, the properties going north on Round Lake Boulevard are presently zoned R-4 and will remain R-4. · Going east, the property north of South Coon Creek Drive was not marked with any zoning on the published map. It's feasible that those two 40's should be included in the R-4 district. · South of South Coon Creek Drive, all of the 40's down to Bunker Lake Boulevard are now zoned R-l. There are proposed to be R-4. · Across Bunker Lake Boulevard, the Neighborhood Business is a present zoning. · Some of Chapman's Additions are R-4 and parts are R-l. These will all be rezoned to R-4. · Weise's Addition will be rezoned to Planned Unit Development (PUD). Rosemary Kirkevold, 13311 Round Lake Boulevard - owns a five acre piece in Weise's Addition. 'Asked what rezoning to PUD does to them. Chairperson Bosell stated they could develop it ~s doubles or into 85'x130' lots. Mrs. Kirkevold asked if a business could be put in there. Chairperson Bosell explained she would have to apply for a rezoning. " Planning and Zoning~\nis~-Minutes May 27, 1980 Page 6 u u . The area east of Weise's and Chapman's shown as PUD/R-4 has already gone through the platting process. The owner is waiting for sanitary sewer and possibly a water system being installed. F ~ ~) · The next property to the east is the Assembly of God church which is zoned R-l. This will be rezoned to R-4. · To the north of the church property those properties are now zoned for 2\ acre lots. These will be rezoned to R-4. · Going north, the property up to South Coon Creek Drive will be rezoned to R-4. · South of South Coon Creek Drive and north of Green Acres, the property is presently R-l. This will be rezoned to R-4. · The property below Green Acres will be rezoned from R-I to R-4. · Going South of Bunker Lake Boulevard around Crooked Lake, that property is now R-4 and will remain R-4. · The Neighborhood Business on l33rd Lane will remain. · Green Acres is presently zoned R-1 with the exception of one part that is R-3. The entire piece will be rezoned to R-3 to make it compatible with the size lots that are there. Jack Menkveld - didn't feel R-3 is correct because the majority of the lots are smaller than R-3 size. · The property north of Green Acres is presently R-l. This will be rezoned to R-4. Jack Menkveld -asked if the corner of Crosstown Boulevard and Bunker Lake Boulevard is zoned NB. (Yes). Asked if the M-l and M-2 east on Bunker are proposed to stay the same. (Yes) Chairperson Bosell stated that on Bunker Lake Boulevard and Xavis Street there are two big parcels that could be rezoned to multiple. With the exception of those two parcels, there are multiples in that area. Recess 9:55 - Reconvene 10:12 Discussion continued on the property east of the NB on Bunker Lake Boulevard. several single family dwellings on those parcels and the rest are multiples. also be zoned multiple. There are These should · Northwoods Addition is presently zoned R-4 and will remain R-4. · Agricultural district - at the present time we do not have an agricultural designation in our ordinance. A description for AG will have to be included when this goes to the City Council. The two 40's shown as AG on the map will remain AG. · Going north of the AG land there are two 40's zoned R-l. It is proposed to change these to R-4. '~ ,~. Directly south of Bunker Lake Boulevard there is an area marked R-4 or PUD or Gr. To the east of that is GI. The original request was for R-4 or PUD. The owner, Good .' Planning and May 27, 1980 Page 7 Z . ,f\, ( \\ M' t on~ng ~llIUS'~. - ~nu es u o ~ '---/ . Value Homes, asked about GI or LI or something other than multiple. This area includes 3~ - 40's. It was decided this should be zoned PUD. To the west of the above property, the parcels west of the creek are zoned R-4. The property east of the creek should also be R-4. . The GI area will be left as is. . The M-l and M-2 above Bunker Lake Boulevard will remain. . Red Oaks Manor will remain R-4. . Going north of Red Oaks, that property will go to R-4. . Shady Knoll will remain R-4. . Crossing South Coon Creek Drive to the north the entire 40 will be R-4. . The 40 to the west of the bottom of Lund's Evergreen Estates will be rezoned to R-4. . The General Recreational area (landfill) will remain as such. Jerry Johnson - asked if it was true there are toxic wastes buried at the landfill. person Bosell stated it is true and explained the Hazardous Waste Committee and what will do. Mr. Johnson asked if it was wise to make a zoning designation on this area we know what actually is in the landfill. Chair- they before Commissioner Kishel explained that the landfill could not be used for anything other than a recreational area. · South of the General Recreational area, east of Red Oaks, that property should be R-4. · The area noted at PUD along Bunker Lake Boulevard and up Hanson Boulevard is presently R-l. This will be rezoned to PUD. · Going north there are four 20 acre parcels that will be rezoned to R-4 from R-l. · The property to the west will also be included in the R-4 zone. Commissioner Anstett felt the area known as Rolling Creek Trails should be left as R-l at this point. Chairperson Bosel1 felt it should be R-4. · The LI as shown on the map north of Bunker will be left as is. · The two 40's along Hanson Boulevard east of Watts' Garden Acres should be R-l. · The developed area west of Round Lake Boulevard off of Bunker will be zoned R-3. · The MUSA line should be drawn with Coon Creek as the boundary line on the north. MOTION by Lobb, seconded by Kishel to close the public hearing. / ,MOTION by Kishel, seconded by Apel that that Andover Planning and Zoning Commission recommend \.~to the City Council approval of the rezoning map, proposal 116 showing the area that is set aside by the Minnesota Supreme Court as a mobile home park, with all other rezonings as shown j. Planning andCli' May 27, 1980 ~ Page 8 \ . '\ ) .1Iist i-Minutes '-" o u i 1 '--" -' u on the attached map for the following reasons: 1) A public hearing was held. There was " some opposition to certain areas but not as to the overall intent of the rezoning; 2) The . " ,-/City Engineer was present at the public hearing and made several of the recommendations for - the rezonings as shown on said Proposal 116; 3) Northwest Associated Consultants was present and made several recommendations for said rezonings and voiced agreement with the overall rezoning; 4) That it is in good planning and is consistent with the Comprehensive Plan and intent thereof; 5) It provides for the orderly extension of sanitary sewer to those areas that have previously been developed in a manner that was not orderly. The definition for AG land (Agricultural Preserve District) shall read: Lands suitable for long term agricultural 1 uses, because of the high quality of soils, availability of water, and/or highly productive agricultural capability. Motion carried on a 5-0 vote. This will go to the City Council on June 17, 1980. NOTE: The moratorium expires on June 18, 1980. If action is not taken by the City Council on the 17th, the moratorium should be extended. Flood Plain Ordinance (Conuu. 114-80-7) This will be continued to June 10, 1980. Ordinance 8, Section 4.30 & 8.20 Amendment (Carom. 115-80-4) Renee Fearon, 13945 Nightingale Street N.W. -_stated there are a lot of pros for a beauty shop in the home. Her home is presently served by sanitary sewer. She has talked with other cities who allow such a use and said they put different conditions in the Special Use Permits, such as signs, walkways, etc. A public hearing will be held on this on June 10, 1980. MOTION by Kishel, seconded by Apel to adjourn the meeting. Meeting adjourned at 11:46 P.M. Respectfully submitted, U.~ Vicki Volk Recording Secretary /- \ \, J